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HomeMy Public PortalAbout2010_tcmin0928COUNCIL MEETING September 28, 2010 Council Chambers, 25 West Market Street, '7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, David Buffer, Katie Sheldon Hammler, - Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Martinez Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Public Works Duector Tom Mason, Director of Parks and Recreation Richard Williams, Chief of Police Joseph Price, Airport Director Tim Deike, Research and Communications Manager Betsy Fields, Library Reference Specialist Beth Schuster, Library Archives Specialist Stephanie Adams Hunter, Assistant to the Town Manager Kathy Leidich, Police Lieutenant Jeff Dube, Senior Planner Kevin Lawlor and Clerk of Council Lee Ann Green 1. CALL TO ORDER 2. INVOCATION was lead by Council Member Dunn 3. SALUTE TO THE FLAG was lead by Council Member Butler 4. ROLL CALL showing Council Member Martinez absent. 5. MINUTES a. Work Session Minutes of September 13. 2010 On a motion by Vice Mayor Wright, seconded by Council Member Reid, the work session minutes were passed 6-0-1 (Martinez absent). b. Reeular Session Minutes of September 14.2010 On a motion by Council Member Reid, seconded by Council Member Dunn, the minutes were passed 6-0-1 (Martinez absent). 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Vice Mayor Wright made a motion to adopt the meeting agenda as presented. The motion was seconded by Council Member Butler. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Dunn, Hammler, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) a. Annual Report Presentation -Betsy Fields presented the Annual Report to Council. 1 I ~' ~ - - COUNCIL MEETING September 28, 2010 b. Certificates of Appreciation - "Leesburg Virginia: An Exploration through History" On a motion by Council Member Reid, seconded by Vice Mayor Wright, Certificates of Appreciation were presented to the following: Matthew Exline -For the Dedication and Teamwork Required to Complete the Documentary "Leesburg, Virginia: An Exploration through History" Timothy J. Ryan, Colin Clarke, Brianna J. Edelblu[, Teckla H. Cox, and Jonathan R. Horton -Outstanding Narration of the Documentary "Leesburg, Vvginia: An Exploration through History" Daniel "Chip" Umbaugh -For Outstanding Mapmaking for the Documentary "Leesburg, Virginia: An Exploration through History" Greg C. Adams -For Outstanding Musical Contribution to the Documentary "Leesburg, Virginia: An Exploration through History" Richard T. Gillespie (Morven Park), Paul McCray (Northern Virginia Regional Parks Authority), John Creamer (Town of Leesburg), Max Mellott (Town of Leesburg), Susan Home (LEAD Virginia), Gertrude Evans, and Jane Tingley Browder for Outstanding Historical Contribution to the Documentary "Leesburg, Virginia: An Exploration through History" c. Certificate of Appreciation -Jim Huber On a motion by Council Member Reid, seconded by Vice Mayor Wright, a Certificate of Appreciation was presented to Jim Huber for his dedicated service to the Economic Development Commission. d. Certificate of Appreciation -Rob Gilligan On a motion by Council Member Reid, seconded by Vice Mayor Wright, a Certificate of Appreciation was presented to Rob Gilligan for his dedicated service to the Cable Cottunission and the Technology and Communication Commission. e. Certificate of Appreciation -Andrew Borgquist On a motion by Council Member Reid, seconded by Vice Mayor Wright, a Certificate of Appreciation was presented to Andrew Borgquist for his financial connibution [o the Catoctin Skatepark. f. Certificates ofAonreciation for the Mvers/White/Raflo families On a motion by Council Member Reid, seconded by Vice Mayor Wright, Certificates of Appreciation were presented to the Myers, White, and Raflo families for their contributions to the retail community in Leesburg. 2~ [° COUNCIL MEETING September 28, 2010 g. Proclamation - Virginia Regina] Transit's 20`" Anniversary On a motion by Council Member Reid, seconded by Vice Mayor Wright, the following was proclaimed: PROCLAMATION Virginia Regional Transi[ 20'" Anniversary Seotember 27 2010 WHEREAS, Virginia Regional Transit received its official Certificate of Incorporation in 1990; and WHEREAS, the Leesburg Town Council wishes to congratulate Virginia Regional Transit on its 20'" Anniversary of providing public transportation within the Town of Leesburg and through out Loudoun County; and WHEREAS, the Leesburg Town Council wishes to recognize that Virginia Regional Transit has made tremendous progress during its 20 yeazs of service: moving from being an organization often employees with an annual budget of $562,865 to a multifaceted transportation organization of more than 160 employees with an annual budget of $12 million and an annual total ridership of over 1 mIDion, through out 17% of the Commonwealth of Virginia; and _ WHEREAS, the Leesbwg Town Council looks forward to continuing its partnership with Vvginia Regional Transit in providing proactive, high quality public transportation service within the Town for the next 20 years and beyond. PROCLAIMED this 28°i day of Member 2010. h. State Law Enforcement Accreditation Award The Leesburg Police Department received presentation of their Accredited status. i. Proclamation -National His~nic Heritage Month On a motion by Council Member Reid, seconded by Vice Mayor Wright, the following was proclaimed: PROCLAMATION Hispanic Heritage Month September 15 -October 15, 2010 WHEREAS, September 15 through October 15, commemorating the anniversary of independence for seven Latin American countries, is designated _ by the Federal government in 1985 as a time to recognize the achievements and contributions of Hispanics in [his country; and 31 ~'•~; COUNCIL MEETING September 28, 2010 WHEREAS, this year's theme is "Heritage, Diversity, Integrity and Honor: The Renewed Hope of America"; and WHEREAS, the significant achievements of the Hispanic community have and continue to shape our nation's history; and WHEREAS, local cultural institutions are sponsoring various events celebrating Hispanic heritage and culture through October; and WHEREAS, Leesburg s Hispanic community continues to make significant cultural and economic contributions to our Town; and THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim September 15 -October 15, 2009 as Hispanic Heritage Month and encourage all residents to join in recognizing and preserving the contributions made by Hispanic Americans. PROCLAIMED this 2S'" day of September 2010. i. Resolution of Respect -Catherine "Kitty" Boyd On a motion by Council Member Reid, seconded by Vice Mayor Wright, the following Resolution of Respect was approved: PROCLAMATION Catherine "Kitty" Boyd and WHEREAS, Catherine "Kitty" Boyd was bom on December 27, 1910; WHEREAS, Ms. Boyd and her husband, Bill, moved to Loudoun County from New York City in 1955; and WHEREAS, the effects of Ms. Boyd's public service to the Loudoun/ Leesburg community can be seen throughout the community in the form of the benefits of the Loudoun Restoration and Preservation Society gams program which bestowed more than $800,000 to local preservation projects from funds raised almost entirely through volunteer efforts; and WHEREAS, August Court Days as conceived and organized by Ms. Boyd was a major source of funds for restoration and preservation efforts throughout the town and county; and 4I '-~- COUNCIL MEETING September 28, 2010 WHEREAS, Ms. Boyd's long involvement with Loudoun Hospital created the Annual Rummage Sale, which has become a major fundraiser for the hospital to purchase equipment and support hospital programs; and WHEREAS, Ms. Boyd also served on the Board of the George C. Marshall International Center assisting in bringing the idea of the restoration and development of the home of the author of the Marshall Plan to fmition as an internationally recognized educational center. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Vvginia extend their sympathy and respect to everyone whose lives were touched by Ms. Boyd; and BE TT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to the Loudoun Preservation Society. PASSED this 28'" day of September, 2010. 8. PETTTIONERS The Petitioners section was opened at 7:56 p.m. Doris Kidder, 139 Woodberry Road, NE, stated she is speaking as a private citizen regarding the sign ordinance. She stated she was part of the sign ordinance task force and has been working on it for some time. She stated a business can never have too many signs and they can never be too big. She stated there are wonderful neon signs in the downtown that have been grandfathered in and the neon downtown is special, but she urged Council not to allow everyone to have neon or it would lose its specialness. Melanie Miles, stated she is a business owner as well as a private citizen living at 206 Wirt Street, NW. She thanked John Wells for helping to provide nice take-aways for the certified tourism ambassador class. She thanked everyone who supported the making of the documentary, which she said was wonderful. She stated the voting for Town Council elections should be moved to November and would prefer even years over odd. She stated the majority of downtown business owners do not want to lose their parking. Further, she stated she does not feel that bumping out the sidewalks is necessary because the quaintness of Leesburg needs to be maintained on even a three to four block level. Brenda GiD, 593 Edmondton Terrace, NE, stated she read that only 13 percent of the registered voters tamed out for the last election. She stated she urges her neighbors to get out and vote, but it is tough. She stated she is unaware of any harm or cost to the move to November, but there is a substantial cost savings over the May election. She questioned whether local elections would -- always be on the back of the ballot. 51 ~'~a~ COiJNCIL MEETING September 28, 2010 Mark Nuzzaco, 806 Balls Bluff Road, NE, stated he has not missed voting in any election for the past 20 years. He stated he was a candidate for School _ Board twice in the past which gives him experience regarding elections. He stated that all elections held in November gamer larger rum out than the May local elections. He stated it is clear the November elections are better physically attended because people generally associate November with elections. He stated he has no opinion on even or odd years. He requested the Counci] think about making mayoral elections every four years. He stated there is a huge tumour in presidential election yeazs which would make every other election alesser- attendedelection. Barbara Bayles Roberts, 206 Meadows Lane, NE, stated our right to vote is very important and moving it to November lends itself to more people voting. She stated almost every political position is split between parties and the Town wants its election to remain non-partisan and the position is required to be non- partisan. The Petitioners section was closed at 8:14 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Wright, seconded by Council Member Reid, the following consent agenda was proposed: _ _ a. Sunnlemental Anorooriadon for Leesburg Airshow RESOLUTION 2010-129 Approving a $20,000 Supplemental Appropriation to Leesburg Executive Airport FY 2011 Operations Budget to Present an Air Show During the Annual Open House b. Sunnlemental Appropriation for Leesbur Sf katepark RESOLUTION 2010-130 Approving a Supplemental Appropriation of $1,490.25 to the FY 2011 Budget Resulting from a Donation to the Catoctin Skatepark from the Leesburg Skatepark Group a Sunnlemental Appropriation for the Community Outreach Program RESOLUTION 2010-131 Approving a Supplemental Appropriation of $1,500 to the FY 2011 Budget Resulting from a Donation to the Community Outreach Program from American Management of Virginia (Heritage Square Homeowners Association) -- d. Lease Amendment/Incubator Space 6 ~ r::;.. COUNCIL MEETING September 28, 2010 MOTION 2010-008 I move that the Town Manager is Authorized to Amend the Lease for 15 North King Street to Add an Additiona1500 squaze feet that will run concurtent with the original lease space at a cost of $1,100/month with the understanding that no additional local dollar support is needed as a result of this amendment e. Mason Enterorise Center Supulemental Anorooriation RESOLUTION 2010-132 Supplemental Appropriation to the FY 2011 General Fund Budget in the Amount of $42,000 for the Lease of Space and Purchase of Supplies and Equipment for the Mason Enterprise Center The Consent Agenda was approved by the fo0owing vote: Aye: Butler, Dunn, Hammler, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-I (Martinez absent) 11. PUBLIC HEARINGS a. Public Input Session - Chan~mg the Election Date Doris Kidder, 139 Woodberry Road, NE, stated she is not an expert on elections, but she does vote. She stated it always seemed odd to vote in May. She stated more people will come out to vote in November because that is the more traditional time for people to vote. She stated more people participating is what democracy is all about. b. Zoning Ordinance Amendment to Allow Cat Kennels The public hearing was opened at 8:18 p.m. Kevin Lawlor stated this amendment would permit catteries by right subject to use standards in the B-2, B-3 and I-1 zoning districts and add a defmition for cattery and amend the existing defmition of kennel. He discussed the reasoning behind the different use standards. He stated that staff recommends adoption of the text amendments as presented. Council Member Dunn questioned the necessity of this amendment. Mr. Lawlor stated that cattery is an accepted international term for a cat kennel. He stated that dog kennels have outdoor runs, which give the potential for noise and odor but will not have this problem with cats. Further, he noted this wID help the business community by allowing them a by-right use rather than going through the special exception process. 71~'~~- COUNCIL MEETING September 28, 2010 Council Member Dunn questioned whether cats can be housed a regular kennel. _ Mr. Lawlor stated a cattery can be located within a kennel without using the name `cattery'. Council Member Reid expressed his concern with dander from cats causing allergies to neighboring tenants. He questioned where the request for a cat kennel is located. Mr. Lawlor stated it is in an existing B-3 zoning district. Vice Mayor Wright stated that kennels include an outdoor use, they requve a special exception because the outdoor use has more of an impact on neighboring properties. If the use is only boarding cats, it is an indoor use. He questioned the need for this text amendment since veterinary hospitals can board cats overnight and are allowed in a broader number of districts. Brian Boucher noted that veterinary hospital is a special exception use because of the medical waste and other things that can be associated with veterinary uses. Council Member Butler questioned whether the applicant in question applied for a kennel through a special exception, would that have the same functionality as a cattery? Mr. Lawlor stated a kennel would have more functionality because it would allow more than just cats because it would allow dogs and other domestic animals and have outdoor areas associated with the use. Mr. Boucher noted that the proposal is for indoor uses only. He stated cats do not need the outdoor mns that other animals need. He stated the standard conditions for kennels are more stringent than those proposed for catteries. Council Member Butler expressed concern with the Planning Commission's split vote. He stated that is not typical of them. Council Member Reid suggested adding "dander" to the ordinance as something to be controlled because of concerns over allergies. Ms. Irby stated that dander would be difficult [o regulate. Further, she noted that it was not included m the advertisement for the public hearing. Mr. Boucher stated the state regulations do not address dander. Mayor Umstattd stated she does not perceive any problems with this application. Sle: COiTNCIL MEETING September 28, 2010 Krista Wiechman, 2 Cardinal Park Drive, #101, stated the reason for this amendment is the B-3 district does not allow for a special exception or any other _ way for her veterinary clinic to house cats. She stated she has had numerous requests over the three years that she has been open to board cats, not just for medical reasons, but by people who do not want strangers in they house and still want their cats taken care of. She stated the building next door to her veterinary clinic is open and she has talked to the other unit occupants and they understand what is being requested. She stated she currently has no problems with dander and will have a separate HVAC system. The public hearing was closed at 5:39 p.m. On a motion by Council Member Reid, seconded by Vice Mayor Wright, the following was proposed: ORDINANCE 2010-0-020 Amending Article 6, Sections 6.4.2. (B-2), 6.5.2. (B-3), 6.7.2. (I-1), and Article 9, Sections 9.2 (Use Table), 9.3 (Use Standards), and Article 18 (Definitions) of the Leesburg Zoning Ordinance Council Member Reid stated this is a wonderful ordinance because it is a situation where a business owner cannot even get a special exception. He stated this is handling a situation that is a use with some demand. Vice Mayor Wright stated this is a good ordinance, but he stated he is frustrated that there is a necessity for it as it seems there should be a provision for this in the veterinary hospital use. Council Member Dunn questioned why it was necessary to come up with additional regulations rather Ihanjust adjust the current ordinance dealing wish kennels. He stated he would rather have looked at under what situations kennels could have been made by-right. He questioned how it could have been fit m the current regulations. Mr. Boucher stated that a kennel, as it is defined, can have outdoor boarding of animals and that lends itself to a lot of issues with impact on adjacent properties. He stated staff looked at re-vamping the kennel regulations initially trying to do something by-right, but making kennels by-right could cause problems. Council Member Hammier thanked Ms. Wiechman for her input. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright, and Mayor Umstattd _ Nay: None 91 ~'~~-- COUNCIL MEETING September 28, 2010 Vote: 6-0-1 (Martinez absent) c. Amending the Town Code to Add False Alarm Fees The public hearing was opened at 8:45 p.m. Chief Joseph Price gave a brief presentation on false alarm fees. He introduced Lieutenant Vanessa Grigsby, Disnict 2 Commander and project officer for the false alarm fee proposal. He stated that this is an effort to operate more efficiently and more effectively. He stated ¢t a 2002 study, in the United States, there were about 36 million alarm activations that cost about $1.8 billion across the country. He stated the majority of those, about 95%, are false alarms and in this community, that percentage is even higher and continuing to grow. He stated the reasons for false alarms are user ersor, faulty or inappropriate equipment and poor installation. He stated they project almost 3,000 by 2013 as it is continuing to gow. He stated a small number of addresses are causing a significant number of false alarm calls. Further, since an alarrrt signifies a potential for criminal activities, protocol calls for sending more than one officer which creates about aman-hour per alarm and based on a $40 per hour man hour cost or the equivalent of about 1.07 officers in 2005 doing nothing but answering false alarms ut the town. He stated the purpose of the false alarm progam is to reduce the number of false alarms thereby making more police officers available to respond to other types of emergency and non-emergency calls. Chief Price reviewed some important aspects of the legislation including annual registration of alarm companies, a bi-annual registration of all alarms and the use of only certified equipment. He noted that if the requirements of the ordinance are not met, law enforcement may not respond to alarm calls. He also reviewed the procedure for instituting fines and the requirements for inspection and modification of alarm systems making repeat false alarm calls. Chief Price noted that in order to have Loudoun County administer the false alarrrt program, the town will need to adopt the Loudoun County ordinance. He stated this has been vetted locally and nationally. He noted that the town does not have the staff to administer this program and would recommend using Loudoun County to administer the program as contract vendors would require as much as 50% of the fines. He stated upon approval by the Council, staff would sign a Memorandum of Understanding with the county for administration of the progam. Council Member Dunn questioned whether the town has a way to administer this program. He questioned how the town would know whether someone was setting off the alarm maliciously. Chief Price stated the town does not currently have an ordinance or a program. He stated a false alarm is an alarm dispatch request at which the responding officer fmds no evidence of a criminal offense or attempted criminal -- offense after having conducted a thorough investigation. He stated if that is 10 I ~' , COiJNCIL MEETING September 28, 2010 found, the alarm owner would get two free calls, but on the third occasion, they will start incurring Ernes and after a certain number of false alarms would have to have inspections. There was discussion over using certified alarm equipment and licensed installers. Chief Price clazified that there are many alarm companies in the immediate area that already meet those requirements since this ordinance has been in effect in Loudoun County for a number of years. Council Member Dunn asked for clarification on whether the County would require an additional fee for administering the program. He questioned why commercial false alarms would be charged at a higher rate. Chief Price stated the recommended MOU would give the County 25% of the collected fines as payment for administering the program. He stated that the town would have to adopt the Loudoun County ordinance completely, including the higher fee for commercial false alarms, in order for the county to administer the program. He noted almost all false alarm programs charge more for commercial false alarms. Council Member Dunn expressed concern with the penalty of non- response for those who have unpaid Ernes or do not abide by the other provisions of the ordinance. He questioned the timeline for implementation. Chief Price stated the town would move as quickly as possible, but will provide adequate notice and warning time for the citizens. He stated it probably will not be fully implemented for several months. Council Member Reid questioned why the Council has not discussed this during a work session. Mr. Wells stated this was included as part of last yeai s budget proposal and was discussed at that time and as part of the initial review of the fee study. He stated those fees have been counted as part of the general fund in the adopted FY 2011 budget. Council Member Reid asked for a breakdown on how many of the false alarms are first- and second-time offenders He also asked why the police never proposed this fee schedule before considering the statistics. Vice Mayor Wright stated he likes the concept of the program as he was surprised by the numbers. He clarified that the certification process has been in place for some time but this will add a way to enforce it. Council Member Hammler stated her questions have been answered. She noted that yesterday's budget memo specifically states that there will be a revenue shortage due [o the delayed implementation of [he false alarm fee program. She 111~'~?- COUNCIL MEETING September 28, 2010 questioned how much was estimated for the revenue for this program in FY 2011. Mr. Wells stated $150,000 was estimated and the delay is due to a number of administrative issues with the MOU. Council Member Hammler recommended following up with the community watch programs and community outreach on how to ensure false alarms do not happen. She stated her appreciation for the cooperation with the county. Council Member Butler stated he fully supports this long-overdue program. He questioned why the town should pay the County to administer this progam. Chief Price stated because the county requires it since it will add additional work to the county staff work load. Council Member Butler stated that town residents pay the same amount of county taxes as people living in Ashburn. He questioned what would happen if the town required the sheriff s office to respond to all alarm calls. Chief Price stated that would not be a question that he can address. Council Member Butler questioned whether this would be implemented before the Council's meeting with the county. Ms. Irby stated that once the ordinance is passed, the Town Manager can sign the MOU to initiate the program. Council Member Butler stated he is uncomfortable paying the county 25% when the town residents already pay county taxes and are not getting value for their money but he is willing to move forward for the sake of this ordinance. He requested this be added to the list of items to discuss with the county. There were no speakers to address this public hearing. The public hearing was closed at 9:23 p.m. On a motion by Vice Mayor Wright, seconded by Council Member Buller, the following was proposed: ORDINANCE 2010-0-021 Adding Section 8-4 (False Alarms) of Article I (In General) of Chapter 8 (Buildings and Building Regulation) of the Town Code of Leesburg, Virginia, 2009, as amended, and to Amend Appendix B (Fee Schedule) - to Incorporate Fines and Fees for False Alarms 12 ~ t COUNCIL MEETING September 28, 2010 Vice Mayor Wright stated this is a revenue source, but the intent and hope is that this will be a declining revenue source because it is more about public _ safety than budget. He stated the more that officers are able to respond to calls for assistance rather than false alarms, the better for public safety. CouncIl Member Butler stated he fully supports this program and looks forward to discussion with the county. Council Member Reid questioned whether there is any support for an amendment to stipulate atime-certain for this to be setup. Mr. Wells stated the range is a three to six month range and the notification process will start as soon as the ordinance is approved. He stated he is hesitant to pick a specific date because of the purchase and installation of equipment. Council Member Reid stated that reaching out to the community is very important as this is not a new profit center for the town. He stated he fully supports this and hopes the media helps to get the word out. Council Member Dunn stated this is a good program, but he is concerned about the 25% fee paid for administration of the system. Further, he stated the Council needs to consider whether the sheriff s department should go out on the _ calls and get the entire fee. Council Member Hammler questioned whether changes to the MOU could be made at this time. Ms. Irby stated the county will not allow any changes to the MOU or the fee schedule. She stated either the town accepts it as it is or the county will not participate. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) Council Member Hammier thanked Chief Price and the Leesburg Police for the phenomenal job the department did catching the serial stabber over the summer. d. NOVEL License A r~eement The public hearing was opened at 9:29 p.m. 13I r,::: COUNCIL MEETING September 28, 2010 Tom Mason stated this ageement would give permission to NOVEL to install an undergound fiber line that would enter the town at the north corporate limits on the bypass in the shoulder and head out to the east along the bike trail. He stated this is an undergound conduit system and the permit the town would issue is subject to approval of a license ageement by the Council in addition to approval by VDOT. He stated the installation will have a minor effect on traffic as it is all off the pavement on the shoulder and be undergound. Further, he noted that NOVEL has ageed to provide two fibers to the town so the town can use those to interconnect some traffic signals. He stated the work would be done under a Town of Leesburg permit similar to a license ageement signed with NOVEL a year or two ago to run some overhead fiber communication lines in another location. There were no members of the public to address this public hearing. The public hearing was closed at 9:32 p.m. On a motion by Council Member Reid, seconded by Counci] Member Dunn, the following was proposed: ORDINANCE 2010-0-022 Authorizing the Town Manager to Execute a License Ageement and Cash Bond Ageement Dated October 2010, Between the Town of Leesburg and Northern Virginia Electric Cooperative (NOVEL) The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) e. AT&T License Agreement The public hearing was opened at 9:33 p. m. Tom Mason stated this public hearing is for a license for AT&T to install fiber communication lines undergound. He stated they would be coming from South King Sneet, under the bypass to Catoctin Circle, around Catoctin Circle to Harrison Sneet and tie into the AT&T hub facility by the bike trail off of Harrison Street. He stated this would all be undergound and for the most part off the pavement. He stated the worst part of the construction would be inside the bypass resulting in temporary lane closures as [hey work along the edge of the road and along the sidewalk. He stated the purpose of this line is to connect to their hub on Harrison Street. Further, he stated that AT&T has ageed to the use of a conduit so that the town can install its own fiber to interconnect the traffic signals on South King Street to Catoctin Circle. 141 ~,< COUNCIL MEETING September 28, 2010 Mr. Mason stated staff is reviewing plans associated with aright-of--way permit and apre-requisite for issuing the permit is for Council to authorize the license agreement. Council Member Dunn questioned if there is any way to combine this with other efforts to underground currently existing lines. Mr. Mason stated when the additional conduit was discussed with them for the use of fiber for town use, the construction they would be authorized to do under this license agreement is limited to that. He stated the cost of undergrounding the power lines along this route would have to be borne by someone. He stated AT&T would most likely be uninterested in installing additional conduit for other utility companies unless the other utility companies were compensating them for the work. Council Member Dunn stated the Council's goal is to see the lines undergounded, particularly bt the historic district. He stated the opportunity to have those discussions is now. He stated there maybe other bargaining positions that reach the town's goals rather than just allowing individual companies to do thew work separately. He recommended taking maximum advantage of these opportunities. Vice Mayor Wright noted that this route will be inside the bypass. He quesrioned whether some of the route would have to be under pavement. Mr. Mason stated most of the route will be under the sidewalk or just behind the sidewalk. He stated a few years ago, AT&T ran a similar line up Dry Mill Road to Catoctin and they were able to squeeze it in just behind the sidewalk. Vice Mayor Wright questioned whether the stub outs that are still sitting behind the sidewalk belong to AT&T. Mr. Mason stated those belong to Verizon. Vice Mayor Wright questioned who will restore the pavements or sidewalks back to original condition? Mr. Mason stated the town is very conservative as to what it will accept as °permanent restoration" and those conditions are in the permit. There were no members of the public wishing to address this public hearing. The public hearing was closed at 9:39 p.m. IS ~ P g~, COUNCIL MEETING September 28, 2010 On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: __ ORDINANCE 2010-0-023 Authorizing the Town Manager to Execute a License Agreement and Cash Bond Agreement Dated October 2010, Between the Town of Leesburg and AT&T The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 12. ORDINANCES a. None 13. RESOLUTIONS a. None 14. UNFIIVISHED BUSINESS a. Changing the Election Date from May to November Mayor Umstattd stated that since this item is not on the agenda, it would take a vote to suspend the rules. Council Member Dunn stated that unfmished business is anything that has been discussed by Council and was not fmished within two previous meetings. He stated ff it is not allowed tonight, he will bring forward a motion that takes no staff time for the next work session. Council Member Butler stated that unfmished business is business that is not concluded at the two previous meetings, but does not mean anything related to something that has been brought up. He agreed that this would require a suspension of the rules. Mayor Umstattd stated suspension of the rules requires a two thirds vote. She questioned whether Council Member Dunn would like to make a motion to suspend the rules. Council Member Dunn stated this is something that Council is looking at and has held the public input session. He stated [his would just be the next step of the process, but he would abide by the ruling of the chair. Council Member Hammier stated that her input is that as a courtesy to Council, having brought it up at the beginning of the meeting when the agenda is discussed would have been helpful. She stated it would be more appropriate to take it to the next work session. 161!'.x.,: COUNCIL MEETING September 28, 2010 Mayor Umstattd stated that adding things to the official agenda would give absent Council members the opportunity to weigh in. She stated that a motion to suspend the rules would be appropriate. Council Member Dunn stated he could bring it up at the next work session. He stated there has been quite a few people in the public who have responded to [his and to leaving it hanging would be inappropriate. Mayor Umstattd questioned what the ballot would look like m November of even numbered years versus November in odd numbered years. She stated that a former secretary of elections stated that that CouncIl positions would end up on the other side of the ballot. She stated this is more likely to happen in odd numbered years, than in even numbered years. Council Member Dunn stated it has been pointed out that it will depend on how many people are running for federal and state seats. He stated it was pointed out that regardless of the number of people on the ballot, one side or two sides, that the percentage fall off is only about 2 percent. 15. NEW BUSINESS a. License Agreement Presentation -MCI Tom Mason displayed the proposed route that MCI has asked for to install their fiber communication line. He stated this route is a combination of _, installing lines on existing power poles starting at the north corporate limits by the elementary and middle schools on North King Street down to East Market Street to the area of Dodona Manor. He stated they are planning to add additional overhead lines. He stated they will not be diu~;"g holes, but they will be blocking a lane of traffic with bucket trucks and equipment causing minor to medium disruption in [he downtown. Council Member Hammler stated if you go to MCI's webpage, it redirects you to Verizon. She questioned whether this would fall under an existing agreement with Verizon. Ms. Irby stated there is a Verizon franchise agreement for cable service; however, the current fiber line that MCI is proposing is not for the benefit of town residents and is apass-through line. Mr. Mason stated the applicant is MCI and is part of a fiber optic line from Point of Rocks to Ashburn. He stated around Dodona Manor, the poles become too crowded and [hey are planning an underground system from approximately the east "Y" near Dodona all the way out to the bypass and continue east. He stated the section within the bypass is entirely within town maintained roads and the disruption along east Market will be more severe than along South King Street because they wID have to block a lane of traffic and there are a number of underground utilities m that area. He stated once they reach the 17 I ~' ~ - COUNCIL MEETING September 28, 2010 bypass, the permit is through VDOT since that is VDOT maintained roads, but the town will have potential problems at Battlefield Parkway and Rivercreek Parkway. He stated the entire line is about four miles long, about half of which is inside the bypass. He noted that the license ageement authorized for NOVEC for undergound conduit and fiber is a possible alternative location for this line if MCI would work with NOVEC which would eliminate the disruption to the downtown and the business district along Eas[ Market Street. He stated this has been mentioned to MCI and is a reasonable alternative. He noted there has been no ageement between town staff and MCI for use of their facilities. Mayor Umstattd questioned whether they have customers in town. Ms. Irby clarified that MCI have no customers in town and have made no offer to the town. Council Member Hammler questioned whether there is a requirement to listen to MCI's presentation. Ms. Irby stated that MCI wanted an opportunity to present to CouncIl their position. She requested that Council listen to their presentation. Jeff Markowitz with Verizon Business stated MCI is planning to construct fiber optic line through the Town of Leesburg. He noted the majority of the line within the bypass will be along existing power poles. He stated MCI does agree that should the town initiate any project requiring undergounding, MCI would compensate 100% for the relocation of their fiber. He stated that MCI Metro Access Transmission Services of Virginia is a separate entity certificated telecommunication provider, an CLEC (competitive local exchange carrier), which is different from Verizon, which is the local ILEC (incumbent local exchange carrier). He stated this project has been created to satisfy a federal government contract and to put a footprint in Leesburg. He stated MCI is interested in expanding their customer base in town. He stated there will be similar disruptions as with the AT&T and NOVEC license ageements. He stated the route was worked out in conjunction with staff for months. He stated if there are any additional suggestions to mitigate disruption, they are open to them. He stated they would do downtown business area work at night. Mr. Markowitz stated [ha[ the state code clearly presents what MCl can and cannot do. Joseph Vugera stated he is representing MCI. He stated this wIll provide a benefit to the town because they are building fiber infrastmcture which creates capacity. He stated this wID bring more services. He stated [hat Verizon is a 181 "=a~ COiJNCIL MEETING September 28, 2010 good corporate citizen with two offices in the town whose employees spend money m the town. He stated they contribute to Loudoun Literacy and Leadership Loudoun. He stated it is wrong to think of the benefit to the town with a specific limitation of whether Leesburg residents will be using this particular fiber because the nature of the network is that the network will be interconnected. He stated there are towns throughout the Shenandoah Valley running big pipes of fiber in order to provide Leesburg residents with high capacity services. He stated that Virginia law provides that telecommunications carriers the right to occupy the public right of way with the governing body's consent. He stated there is no dispute that MCI has complied with the permitting requirements and met the engineering specifications. He stated MCI has agreed to work at night and make as few dismptions as possible. He stated the attorneys have ageed on the language with the exception of one sticking point -the provision of dark fiber for the town's future use. He stated the state code section sets forth the compensation stmcmre and it is fairly clear that a locality is not entitled to require that a certificated provider of services to provide in-kind services or physical assets as a condition of consent. Mr. Vugera stated not only is it an unlawful requirement, it is bad public policy as it has the effect of slowing growth th broadband infrastructure. He stated that demands outside what is allowed makes it impossible to know what the cost of a project will be. Council Member Hammler questioned how one gets public information about the company if there is no webpage. Mr. Markowitz stated that MCI was acquired a few years ago by Vetizon, but still operates networks independently. He stated he will provide the URL later. Council Member Hammler questioned the statement "MCI plans to construct a fiber optic network in Leesburg". She questioned the response to that in terms of next steps. Ms. Irby stated her office has not received any information that MCI is installing any fiber optic network with respect to the town that will benefit the town residents. She stated this is part of a bigger project that will be passing through town. She stated [here are no end users in Leesburg, therefore the right of way fee will not apply. Council Member Hammier questioned the purpose of choosing to not undergound the lines. Mr. Markowitz stated that aerial lines exist along this route and the fiber optic cable is very small. He stated this will avoid the majority of traffic and 19~Pa r COiJNCIL MEETING September 28, 2010 utility impacts. He stated that MCI is willing to foot the cost for undergrounding of their line as part of a larger project. Council Member Hammier stated that key corporations are looking towards more innovative approaches in terms of their utility investments. Vice Mayor Wright noted that since there are no end users in town, the right of way fee does not apply, but there are defmite impacts to the town including staff time to review the application, the town attorney's time, and impacts to the residents in terms of disruptions. Mr. Markowitz stated they will follow the restoration terms established by staff. He stated there is compensation that will come as MCI develops additional revenue which will develop revenue for the town. Vice Mayor Wright questioned whether putting this under the MCI brand is an effort to avoid legislative hurdles that would exist under the existing franchise agreement with Verizon. Mr. Markowitz stated that this contract was acquired through MCI metro and there is no reason to avoid anything. Mr. Mazkowitz stated this route has not been modified since MCI proposed it in July. He stated they asked what can be done to minimize the impacts, disruptions and conflicts. cable. Council Member Reid asked for confirmation of the size and color of the Mr. Markowitz noted it would be a black cable about the size of his pinky. Council Member Reid questioned whether there is a possibility of INET. He questioned why they do not use the Leesburg bypass. Ms. Irby stated that generally the town tries to look at where they are going to be so the town does not impose an additional burden on the people that want to come through town. Mr. Markowitz stated that the relationship with the pole owners is a better relationship and they wanted to develop the footprint in the metropolitan area of Leesburg. Council Member Reid stated he is a big supporter of undergrounding utilities and would like to see a partnership with MCI, the other carriers, and Dominion on getting rid of some of the utility poles. He stated this would be a better use of funds than sidewalk beautification projects. He expressed concern that this town has been put upon with the Dominion power poles despite their 20I r,. COUNCIL MEETING September 28, 2010 compensation. He stated that adding another line of clutter concerns him since his goal is undergounding the utilities. _ Mr. Markowitz reminded Council that within their agreement, they would pay for relocation of their line should an undergrounding project be initiated by someone else. He stated the problem is not with the line utilities, but with the pole owners. He stated that Dominion prefers to maintain then poles. He stated they pay a pole attachment fee. Council Member Reid stated that Council wID consider this, but expressed his reservations. Council Member Dunn questioned how long this project has been a plan for MCI. Mr. Markowitz stated sometime m June. Council Member Hammier questioned whether the contract that MCI won from the federal government is publically accessible information. Mr. Markowitz stated that it is not. He stated this has been a fairly quick process because looking at the aerial section, it looked like [here was an opportunity to minimize the disruption to the town using aerial construction. _ Council Member Dunn stated he finds it hazd to believe that MCI did not have an idea that [hey would need to put wire in [his area until June. Mr. Markowitz stated he is not aware of the federal bidding process or how this project was negotiated. He stated it might be fair to say that some work occurred before the May/June time frame. Council Member Dunn stated it is desirable for the town to underground the wires, particularly in the historic area. He stated the town just completed a drainage project on North King Street which would have been a perfect opportunity to undergound this line. He stated there maybe an economy of force that wi- allow everyone to benefit. He stated he is not thrilled with this proposal. Mayor Umstattd stated she does not understand why Council cannot be provided with the requested URL. She questioned what [he objection is to working with NOVEC or another provider. Mr. Markowitz stated there is no objection as long as it satisfies their connact needs. He stated there are benefits when two utilities can share the cost of construction. He stated there maybe restrictions that aze out of their control such as contract or constmction timing. 21~i,,,~ COtTNCIL MEETING September 28, 2010 Council Member Hammier questioned what federal agency MCI is conaacting with. Mr. Markowitz stated he would have to investigate that and get back to Council on that. Ms. Irby questioned the contract deadline. Mr. Markowitz stated he would have to get that information, but they are trying to start constmarion this fall. He questioned whether the town would support MCI if they request that NOVEC work with them to develop conduit? Mayor Umstattd stated that CouncIl will discuss it with the attorney and take it under consideration. Mr. Markowitz questioned whether this would speed up the license approval process. Ms. Irby stated this is a subject for further discussion. 16. COUNCII. COMMENTS Council Member Dunn stated with two short weeks notice, 44 people responded in person or via email in response to the election change. He stated only two people were opposed to changing the election. He stated there is a desire in the public to continue the dialog and consider a solution that will benefit everyone. Council Member Reid thanked Capital Projects and Public Works staff and the contractors for doing a stellar job with the Tavistock Drive traffic light and the North King Street trail. He stated the most recent segment caused very few traffic disruptions. He stated that Council Member Dunn raises a very good point that MCI should have approached the town months ago. He thanked the residents for coming out and sending in emails regarding the election month change. He stated this is a no-brainer because there is higher mmout in a November election. He stated in Blacksburg, in 2009, the fast year they had elections in November, they had a 27% tam out. He stated the opposition he is sensing is from Council members, because they may be worried about their elections and their prospects for the futures. He stated he is not doing this for himself. He stated this is going to be his last term on Council and has no intention of running for anything else whatsoever. He stated he is not interested in this for political gain. He stated some Council members will be worried about political parties putting in their two cents. He stated only the Democratic Party regulazly gets involved m the May elections. He stated the political parties may get involved or they may not. He stated in the spring, Council is dealing with the budget and school sports. He stated it is easier for candidates to have the election season in the summer and people are focused on an election in the summer. He stated his firm belief that the town can keep their seats non-partisan and increase -_- - mmout. Further, he stated this wID increase interest in town elections and town issues. 22 I '~ COUNCIL MEETING September 28, 2010 He proposed changing the election in 2013, as opposed to 2011. He stated the recently elected CouncIl members' terms will be truncated. He agreed that the mayoi s seat should be afour-year term. Vice Mayor Wrieht disclosed a meeting with Mike Brown and Bob White from Landmark Realty Capital in regards to the Loudoun Times Mirror site. He stated there are several ribbon cuttings coming up this weekend. Council Member Hammler disclosed a meeting with Bob White, Mike Brown and Blair White with Landmark Realty on September 20. She thanked staff for the Freedom of Information Act training for the Boards and Commissions. She stated the first Girls Night Out promotion was extremely successful downtown. She congratulated the 2.5 Ida Lee Ladies tennis team m their achievement of going to Nationals. She stated she would like to bring forth to the work session an in-depth discussion to respond to the public regarding the possible move of the elections to November. She thanked everyone who took time to weigh in on it. She discussed the benefits of an election in November including employers giving employees time off to vote, but perhaps not other times. She stated some of the suggestions regarding how the town can be more involved in terms of publicizing upcoming elections were great. She thanked Congressman Wolf for the mailer regarding stinkbugs. She stated that Congressman Wolf has initiated action regarding this serious infestation. CouncIl Member Butler noted that chickens eat stinkbugs and eating them does not affect the quality of the eggs or the meat. He disclosed a meeting with Paul Reimers related to a text amendment allowing the purchase of parking spaces for residential uses. He disclosed a talk with Stew Curley and the Potomac Station HOA, at separate times, regarding water rates. He stated that three weeks ago, he was unable to make the 9-11 ceremony because he was attending a meeting in Bristol/Abingdon regarding health in Virginia. He stated that Loudoun is a pretty healthy area compared to the other areas of Virginia with the exception of asthma. He stated he visited the Vintner and Moley Brothers Q-Pit, both of which are wonderful. He stated it is wonderful to be able to go down the street to the new Walgreens, but he stated it is too dangerous to cross Sycolin Road and questioned when the light will be installed at Sycolin Road and Hope Parkway. Council Member Dunn stated that the Cub Scouts and Boy Scouts are selling popcorn. He urged everyone to support the local scouts. 17. MAYOR'S COMMENTS Mayor Umstattd stated that Council Member Martinez requested she read two disclosures that he had for the record. She stated he met with Loudoun Times Minor redevelopment group including Mike Brown of Belfor Realty Capital, Blair White and Bob White of Landmark Commercial. She also stated he met with Paul Reimers to discuss residential infill development. 23 I ~' ~ :~ COUNCIL MEETING September 28, 2010 She stated Moley Brother's Q-Pit on Catoctin Circle across from Safeway. She stated that Council Member Hammier cut the ribbon for that business. She stated the other Council Members and Vice Mayor have been assisting with some of the ribbon cuttings. She stated that the interesting thing is that Moley Brothers was founded by Del and Robin Walters. She stated that Del Walters was a news anchor for a number of years and this a family recipe for the barbeque. She noted that they are looking for experienced employees. She stated that Council Member Reid and Town Manager John Wells, along with Kelly Burk from the Board of Supervisors were at the groundbreaking for Cobb Theanes. Mayor Umstattd stated as the Council begins to get into the changing the date of the elections, there are two ways to look at it. She stated that Virginia has long wanted to avoid having state races dragged into presidential politics. She stated there is another perspective that no one will confuse town council or mayoral candidates with congressional or presidential candidates because the issues are so far removed. She stated there is less chance of pollution of a town council race by presidential issues than there is of town council races by county issues. She stated there is always confusion that county decisions are made by council. She stated she is keeping an open mind on the issue, but she is concerned about the details and would like to make sure that the Board of Elections is prepared to handle a November election. She questioned how they would handle districts that have residents both m and out of town. She stated she appreciates the citizen input as it has been very helpful. She noted that the republicans were out on election day with sample ballots for Council Members Dunn and Reid along with the democratic party. She stated that both parties were active on election day even though council runs as independents. She stated she would hate to see Council's independence compromised by a move to November. 18. MANAGER'S COMMENTS Mr. Wells stated on Thursday at noon, there is an invitation to attend a ribbon cutting for a new program at Rehau, which is actually a ground breaking for a new building. He noted that the time, location and date on the invitation are correct. 19. ADJOURNMENT On a motion by Vice Mayor Wright, seconded by Mayor Umstattd, the meeting was adjourned at 10:49 p.m. C. U stattd, Mayor Town of Leesburg Clerk of C 2010 tcmin0928 24 ~ r , ~~