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HomeMy Public PortalAbout2010_tcmin1026COUNCIL MEETING Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Absent: None. October 26, 2010 Council Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammler, Fernando "Marty" Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Deputy Director of Utilities Aref Etemadi, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Human Resources Director Nancy Fixx, Employee Benefits Administrator Maritza Irizarry, and Business Retention Coordinator Debi Parry. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Vice Mayor Wright 3. SALUTE TO THE FLAG was led by Council Member Dunn 4. ROLL CALL showing all members present. 5. MINUTES a. Work Session Minutes of October 12, 2010 On a motion by Council Member Martinez, seconded by Council Member Hammler, the work session minutes were passed 6 -0 -1 (Reid abstaining). b. Regular Session Minutes of October 13, 2010 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 7 -0. 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Council Member Martinez made a motion to adopt the meeting agenda as presented. It was seconded by Council Member Butler. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. Certificates of Appreciation Sister City of SamCheok, South Korea b. Proclamation Loudoun County NAACP 70t Anniversary- On a motion by Council Member Martinez, seconded by Vice Mayor Wright, a Proclamation for Loudoun NAACP's 70 Anniversary was approved. 1 1 Page COUNCIL MEETING PROCLAMATION Loudoun NAACP 70 Anniversary October 26, 2010 WHEREAS, on February 12, 1909 the National Association for the Advancement of Colored People was founded by a multiracial group of activists; and WHEREAS, for more than nine decades the NAACP has been the largest and most recognized volunteer organization nationwide dedicated to winning the struggle to obtain racial justice for all Americans; and WHEREAS, the NAACP stands faithfully with courage and determination to show a willingness to do what is right, to seek justice, and a commitment to end the unjust system that dehumanizes the beauty and sacredness of human equality; and WHEREAS, this year marks the 70"' anniversary of the Loudoun County Branch of the NAACP; and WHEREAS, the Loudoun County Branch of the NAACP provides local programs to nurture and foster the growth of young people through mentoring, tutoring and its recognition of high school students who demonstrate excellence in academics; and WHEREAS, the Loudoun County Branch of the NAACP further supports the community through active committees that address religious affairs, legal redress, housing education, health education, economic development, and political action; and WHEREAS, the United States Department of Justice, Leesburg Police Department and the Loudoun County Branch of the NAACP signed a covenant to work towards a cooperative relationship including a diversified and culturally sensitive police force. NOW, THEREFORE, be it resolved that the Council of the Town of Leesburg, in Virginia hereby congratulates the Loudoun County Branch of the National Association for the Advancement of Colored People on the occasion of their 70t anniversary and their annual banquet and expresses the deepest gratitude to the many volunteers who have worked tirelessly through this organization to bring racial harmony and equality to our nation. PROCLAIMED this 26 day of October, 2010. 2 1 Page COUNCIL MEETING October 26, 2010 c. CIGNA Healthcare Nelia Larson -Mann, the Benefits Manager for Loudoun County Government, stated in July Nancy Fixx challenged the County to a Health Assessment Challenge. She stated the town won the challenge with 28% participation overall and the county had 23.1 Further, she noted these are exceptional results because the average for the government sector is about 4.5% completion. She congratulated everyone who participated. 8. PETITIONERS The Petitioners section was opened at 7:42 p.m. Paul Reimers, 217 Cornwall Street, NW, stated he is here to speak regarding the free holiday parking, which he would like to see extended. He stated with respect to the payment in lieu for parking in the historic district is an important component of something the Council can do for the town to foster in fill development. He stated this would spur development putting more feet on the street. As relates to the question of where people would park, he stated staff can give examples of how the interchange of parking between a commercial use and a residential use occurs. Further, he added there should be some limitations and possibly a sliding scale. Paige Buscema, 105 Bugle Court, NE, stated she is speaking on behalf of the Downtown Business Association (DBA) in regards to holiday parking. She stated her understanding is it is on the table to extend free holiday parking not only during the holiday season, but also well into the coming year. She stated the businesses appreciate this during the holiday season and thank Council for that in advance. Further, she stated anything that Council can do to extend free parking into the coming year would be very helpful because this creates an incentive for increased traffic and having the garage as a free amenity will be very helpful. Jason Seibel, 902 Rhonda Place, SE, stated he is the President of the Kincaid Forest Homeowners Association and is here today to address the Council on the issue of the utility bills that have been received in the past two quarters. He stated that personally, his rates have increased two to two and a half times. He stated last summer his bill was about $200 and it has now increased to $370 to $420 and his neighbors have seen bills in excess of $850. Further, he noted the rates are supposed to increase by 14 which means the bills will continue to go up. He stated he has never heard of anyone paying more than $40 -50 per month for water. He stated asking residents and businesses to continue to foot the bill is unacceptable and this is driving out businesses and not encouraging families to move to Leesburg. He stated that the lawns and shrubbery maintains the value of the homes and makes Leesburg beautiful. He stated his concern is that Council has failed to manage the expenditures and opportunities to seek cost savings. He stated the Utility Department should be run like a business and is not a charity and he feels that Council is out of touch. He stated projected revenues are now null and void because families will be pulling back on water usage. 3 1 Page COUNCIL MEETING October 26, 2010 He requested on behalf of Kincaid Forest and all Leesburg residents, he asked Council to see new sources of revenue, expand services and investments and seek opportunities to substantially reduce debt. He suggested selling the utility or creating a cooperative with Loudoun County. He stated projected revenues are now null and void because families will be pulling back on water usage. He requested on behalf of Kincaid Forest and all Leesburg residents, he asked Council to see new sources of revenue, expand services and investments and seek opportunities to substantially reduce debt. He suggested selling the utility or creating a cooperative with Loudoun County. Keith Reeve, 890 Rhonda Place, SE, stated he is also a Leesburg resident and also serves on the Board of Directors of Kincaid Forest and has an $890 water bill. He stated the town is committing fraud by charging an equal amount for water and sewer consumption and cannot prove the usage is the same. He stated he called Loudoun County to see if he could install a well, but he cannot because he is within 50 feet of a property line or a house. He requested that Council save some money so they don't have to charge as much for water. Karen Saunders, 16311 Hunter Place, stated she lives in Raspberry Falls and thanked Council for creating some kind of discussion about the contamination issues. She stated she can understand the problem with rate increases, but her problem is more along the health and safety line. She stated her goal has always been to bring clean water to her community, but she never wants to be a burden to the Town of Leesburg, either financially or any other way. She stated Raspberry Falls is looking to help themselves and looking at all of the options available. John Liversedge, 709 Galloway Drive, SE, stated he attended the meeting last night and is glad he did because he learned a few things that are not representative of the feelings of the citizens. He stated the numbers of call ins are not representative of the way people feel. He stated this is a 25% increase. He stated that Tavistock homeowners need to water their lawns or they go brown. He questioned why a discount cannot be figured out to lessen the burden on the summer months. Earl Farabaugh, 711 Galloway Drive, SE, stated he has been a resident of Leesburg for almost 14 years. He stated he is registering a complaint for his $860 water bill. He stated that amounts to $10 for his water and he had to dip into his 401K to pay his water bill. He stated he would like some explanations about the relationship between Leesburg and Loudoun County for the unincorporated areas. He questioned what the cost of producing 1000 gallons of what is and what figures were used to justify the rate increase. He questioned whether the water utility is part of the general fund and whether it is nonprofit. He 41 Page COUNCIL MEETING questioned whether the water utility has to pay its own way. He stated he would appreciate hard copies of the information he requested. Mayor Umstattd asked staff to supply Mr. Farabaugh with the documentation he requested. Council Member Hammler reminded the public that the Council is still looking for individuals to serve on the Utility Rate Advisory Committee and would appreciate any volunteers. Mr. Burgess questioned whether the water rate and the income from the water being used to pay other bills within the town. Mayor Umstattd clarified that it is not. Minu Bijan, 126 Governors Drive, stated she was hoping everyone would come out against T- Mobile. She stated she did some research regarding health issues due to the power lines and some issues that were discovered from 2002 until this year have to do with proximity and level of electromagnetic waves that are produced by the power lines causing sleep deprivation and tiredness up to 300 meters away and the closer you get, the worse it gets. She stated symptoms including irritability, depression, loss of memory, dizziness, loss of appetite, etc. have been found. Other studies showed blurred vision, pupil constriction, chest pain and shortness of breath and some people took six months to recover. She stated some studies show childhood cancers due to proximity to cell phone towers. She stated she is very concerned about the community having to deal with this problem. Mayor Umstattd stated it helps Council to hear about these things and noted this is on the agenda for the November 9 Council meeting. She stated she would like Ms. Bijan and Ms. Gallahan to return on November 9. The Petitioners section was closed at 8:07 p.m. b. Approval of Town Hall Art Gallery Exhibit October 26, 2010 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Dunn, the following consent agenda was proposed: a. Making a Reduction of the Performance Guarantee for Public Improvements at Kincaid Forest Section 3 RESOLUTION 2010 -137 Making a Reduction of the Performance Guarantee for Public Improvements at Kincaid Forest Section 3 5 1 Page COUNCIL MEETING October 26, 2010 RESOLUTION 2010 -138 Town Hall Art Gallery Approval of the Next Art Exhibit by the Art Institute of Washington- Northern Virginia c. Professional Airport Planning, Engineering and Architectural Services Contract Award RESOLUTION 2010 -140 Awarding the Professional Airport Planning, Engineering and Architectural Services Contract to Talbert Bright, Inc. d. Initiating a Zoning Ordinance Text Amendment Payment in Lieu for Residential Parking in the H -1 RESOLUTION 2010 -141 Initiating Amendments to the Leesburg Zoning Ordinance Article 11, Section 11.4 Alternative Parking Provisions to Permit an Alternative(s) to the Provision of On -Site Parking for Residential Uses in the H -1 Old and Historic Overlay District e. Martin Luther King Route Designation Markers MOTION 2010 -010 I Move that the Town Council Direct Staff to Designate the Route Used for the Martin Luther King Day March from the Loudoun County Courthouse to the Douglass School on Market Street with Permanent Plaques and Formal Council Resolution The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. Lease Agreement with T- Mobile Northeast, LLC for a Telecommunication Antenna at the Hospital Tank and Granting Associated Easements Mayor Umstattd noted this T- Mobile application is not the one of concern to Country Club residents and the antenna is proposed to be located at the Hospital Tank. The public hearing was opened at 8:10 p.m. Aref Etemadi stated this is a public hearing for award of contract for leased space on the Hospital Tank and is different from the other T- Mobile application that is in contention. He stated the award of easements for the power 6 1 Page COUNCIL MEETING October 26, 2010 and telephone lines for the lease require public hearing. He stated the lease went through the public procurement process and is a positive revenue generating project for the Utility Department at an annual income of $30,000 from this site. He stated three other sites are being negotiated at this time and will be brought to Council at a later date. He recommended approval of this proposal. Council Member Dunn questioned how dependent is this location on the other locations T- Mobile is looking to lease. Mr. Etemadi stated T- Mobile has also placed a bid on locating an antenna on the Carr Tank and staff is in the process of obtaining easements, which will be brought before Council. He stated T- Mobile has two other sites and is very interested in Leesburg. He stated he does not know how not getting this site will affect their coverage. Council Member Dunn questioned whether all the locations are interconnected. He questioned whether this is to enhance Leesburg's service. Mr. Etemadi stated the locations are independent and not tied to one another. He stated this would cover a hole in their coverage and may end up helping Leesburg citizens get better coverage. He stated the town has been seeking revenue generating projects and this has been the only interest thus far. Council Member Reid stated this is a novel way for the Utility Fund to get revenue. He stated the T- Mobile people contacted him about a year ago and questioned why it is taking so long. Mr. Etemadi stated they had to go through the bid procurement process for installation of their equipment and are going through talks with the hospital with regards to erecting a crane and installation. He noted some of the delay is due to the need for a public hearing. He stated the Carr tank was delayed a little longer because they wanted to get the tank into service first. Council Member Reid questioned why they were not interested in Hogback Mountain tank. He stated the water plant might be a good site. Mr. Etemadi stated he does not know why they are not interested in that tank site. He stated they send all the companies the same information. Further, he noted that the water plant is located in the county and the county requires co- located utilities. Council Member Hammler questioned how far the antenna is from the hospital and questioned whether the hospital has provided any feedback or concerns about the proximity to the patients. Mr. Etemadi stated the antenna will be installed on the top edge of the tank about 40 feet away from the Long Term Care Facility. He stated they have 71 Page COUNCIL MEETING October 26, 2010 been working with the hospital from the beginning and they have had no concerns about the location of the antenna. Council Member Hammler questioned under what circumstances can an antenna be blocked from being installed. She questioned whether there are any studies regarding health issues of these antennas. Ms. Irby stated with this particular tower, the town put the location out to bid and this is the final portion of the process. She stated if T- Mobile did not need the easements to run power, Council would not see this at all. Ms. Irby stated this is a heavily regulated industry through federal and state law and they have authorized municipalities to lease the space to provide telecommunications. She stated municipalities are limited in authority to restrict these sorts of towers. She stated if Council was not interested in placing a cell tower at this location, they should not have authorized staff to put it out to bid and accept bids and leases. She stated Council can chose to vote no, but has sent a message to the public by doing a bid solicitation that they are interested in a tower at this particular location. Mayor Umstattd stated that one of the issues that came up at the Planning Commission with regards to the other T- Mobile application, but the same parameters could apply to this one, is the extent to which the Federal Telecommunications Act of 1996 ties the town's hands when it comes to saying no. She stated it was pointed out during the Planning Commission meeting that Federal law prohibits the Town from denying an application based on health. She stated the Federal government has determined, to its satisfaction, that there is no impact on health. She stated she does not agree with this finding, but the Federal government has the authority to take away from Leesburg, the ability to protect the health of its residents. She stated co- location of these antennas was incorporated into town planning documents several years ago in order to avoid proliferation of the multiple poles throughout the town and try to get all the antennas co- located on things like water towers where they would be as far away, height -wise, from citizens as possible. She stated the Hogback Mountain site would not be popular with telecommunication providers because of the proximity to several communities. Earl Farabaugh, 711 Galloway Drive, SE, stated there is a heliport at the hospital facility. Katherine Farabaugh, 711 Galloway Drive, SE, stated she was the nursing supervisor at Loudoun Long Term Care when the Mayor and her daughter brought cards to the residents from Heritage Hall. She stated when the hospital needs to transfer one of their patients by helicopter, it is immediate and questioned whether the tower will interfere with the signals. She stated she is very protective of the hospital now that she is retired. She questioned whether the signals from the tower will interfere with the equipment at the hospital. She stated this is a safety concern. 8 1 Page COUNCIL MEETING October 26, 2010 The public hearing was closed at 8:20 p.m. Mr. Etemadi stated he is not an expert in that area, but T- Mobile is licensed by the Federal Communications Commission and the equipment has to meet certain criteria that it will not interfere with aircraft. He stated these antennas are all over the place, and will not protrude above the tank. He stated representatives of the hospital have not expressed any concern. Ms. Irby stated this process has been going on for close to a year and the hospital is well aware of this bid and the equipment. She stated if Council wants to approve the granting of the easement, it would not interfere with the operation of the hospital. She stated she does not feel comfortable giving that advice to the lease, specifically, but with respect to the facilities that require the easement, she is certain that the town can do that. Council Member Reid stated he writes about the FDA for a living and FDA has long dealt with the issue of patient monitors and other medical devices used in facilities and they have worked out all kinds of problems that were evident in the 1990s with cell phones and towers. He stated he does not anticipate any interference. On a motion by Council Member Reid, seconded by Council Member Butler, the following was proposed: RESOLUTION 2010 -139 Authorizing a Lease Agreement with T- Mobile Northeast, LLC for Telecommunication Antenna at Hospital Tank and Granting Easement to Virginia Electric and Power Company (VEPCO) and Verizon for the T- Mobile Communication Antenna on Site of Hospital Tank Council Member Reid stated this is a good deal for the Utility Fund and he thinks that staff and the Economic Development team should be actively looking at leasing of town properties for revenue. Council Member Butler stated that $30,000 in income for the Utility Fund is good and if there are any health /safety issues with cell towers, that an issue like that would have come up before now. He stated he cannot find any evidence of any issue with proximity to a hospital. Vice Mayor Wright clarified for the public record, that while this is something the town advertised because it is going on the town's water tank, the other application that the public is concerned about is not something the town initiated, but is only responding to through the regulatory process. Council Member Dunn stated he is not thrilled about the cell antennas, but since it is going on something that doesn't look great, he is for this as it is a good opportunity particularly since it will not add to the height of the tower. 9 1 Page COUNCIL MEETING 11. ORDINANCES a. None 12. RESOLUTIONS a. None October 26, 2010 The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. Raspberry Falls Water Issue Council Member Butler made the following motion, seconded by Council Member Dunn: MOTION 2010 -011 I move that the Town Council submit the proposed letter to Supervisor Kurtz, Chairman York, and members of the Board of Supervisors Mayor Umstattd read the letter into the record as follows: Thank you for taking the time to meet with the Leesburg Town Council on October 18. While our meeting time was brief, we felt that we were able to begin a dialogue regarding several important matters. One issue of parti cular importance deals with the Raspberry Falls water issue. The Town Council has determined that it would be interested in entertaining proposals from Raspberry Falls and /or Loudoun Water to supply the Raspberry Falls Community with potable water by pipe, truck or other means. As part of this proposal the Board should communicate to the Town Council under what conditions supplying water to Raspberry Falls would be acceptable. The two non negotiable requirements are as follows: 1. The proposal may not cause an increase directly or indirectly in the water rates, availability fees or quarterly fixed fees paid by the current Leesburg utility customers. 2. The cost of a detailed development of said proposal will be borne by other than the Town of Leesburg or the Leesburg Utility Fund. We look forward to hearing from you regarding this issue. Council Member Butler stated during the meeting with the county, this subject came up and Supervisor Kurtz specifically asked the town to let the 10 1 Page COUNCIL MEETING October 26, 2010 county know if we are interested in pursuing this. He stated this is a necessary step before the county, Loudoun Water, and Raspberry Falls can get together and make a decision to seek potential town input and service. He reminded Council that this letter does not commit the town to anything and only says the town is interested in discussing it further and is very specific that there is no interest on the town's part for this to become a negative financial impact on the town or the utility customers. He stated he would not support any proposal that has a negative impact on the town and he does not believe it is the intention of Raspberry Falls residents to have a negative impact on the town. He stated that a vote no on this particular letter is essentially saying that there are no conditions under which Council would be willing to provide service to Raspberry Falls; however, a vote yes means that there might be some proposal that could be supported. He stated he is looking at this as a health safety issues from neighbors and he will at least listen. He stated he might not be able to help or find it in the town's best interest to help, but he would listen to the request. Council Member Dunn stated it warms his heart to be able to agree with Council Member Butler. He stated this letter goes a long way to say what Council is trying to accomplish, which is to open up the doors to communication and does not seek a commitment. He noted that there are many citizens upset with the utility rate structure and the Council is the Board of Directors of this utility enterprise. He stated one of the basics of an enterprise is to seek profit and it can be gained in a number of ways, either cutting costs, increasing sales, or finding new customers and revenues. He stated there are those that want to claim if the town provides water to Raspberry Falls, it could limit the town's ability to provide service to potential new customers. He stated Raspberry Falls represents about 1% of the town's capacity and does not think this drop in the bucket will cause an emergency situation with a utility department that is only at 60% of capacity. He stated it is a fallacy that once Leesburg is built out all the capacity will be used. He stated there is not space to put in 40% more customers in the town. He stated this is the first step in selling water to customers outside of town and does not have to involve annexation, trucking water, or laying down pipe. He questioned why Leesburg does not just sell water to Loudoun Water to pipe to Raspberry Falls. Council Member Reid stated there was a typographical error in paragraph 1 and should be "customers He stated the Council should make it clear that the town is looking out for in and out of town customers. Council Member Butler clarified that Council Member Reid wants it to say quarterly fixed fees paid by the current Leesburg utility customers, both in town and out of town". He accepted this as a friendly amendment. Council Member Reid stated homes on private wells should be included as not all Raspberry Falls residents are on the private system. 11 1 Page COUNCIL MEETING October 26, 2010 Council Member Butler stated "community" means the houses that are around that area and does not specify a specific group of homes. Council Member Reid withdrew his suggestion for a friendly amendment. Vice Mayor Wright stated the only thing that is missing is an indemnification of the town for liability issues. He stated that any proposal has to identify what within the current system is wrong and failing and how new infrastructure would avoid those issues. He expressed his concern that using the current distribution system may expose the town to liability. Council Member Butler agreed, but stated that should be part of the proposal that will be worked out down the road and this letter is just to let the BOS know that the town is ready to talk. Vice Mayor Wright offered a third non negotiable point: Any proposal would identify a means by which the infrastructure in place avoids contamination issues. Council Member Butler stated he is trying to avoid writing a contract at this time. He questioned whether it would be useful to put this language in at this time. Ms. Irby stated that amendment would be fine. Council Member Butler agreed with the friendly amendment. Council Member Dunn did not accept the amendment. He stated there seems to be a knee jerk reaction of culpability. He stated that once someone is found to be in the wrong, they work diligently and forever to prove they are not in the wrong. He stated this requires the county to admit there is a problem and he does not want to give anyone a reason to shut the door on discussions. Council Member Wright stated his fundamental concern is that there is an issue and he is concerned that issue is not being actively addressed. He stated he does not want the town's efforts to hinder getting help for this community while the county and Loudoun Water wait for Leesburg to make a decision. He stated that the county and Loudoun Water need to step up now with an interim solution. He stated it will take years for the town to deploy a water supply system. Mr. Etemadi stated it is almost four miles to the community's clubhouse and most of the ground is conglomerate rock. He stated the quickest that design and construction could occur is a year and a half. Council Member Wright encouraged the Board of Supervisors and Loudoun Water to work on this aggressively and seriously. 12 1 Page COUNCIL MEETING October 26, 2010 Council Member Martinez stated this letter pretty much says what Council wants to say. He stated the town just needs to get the dialog started and work on accountability later. Council Member Hammier stated the point she made last night, that there can be no financial impact to the town utility customers and taxpayers. She questioned how much time it took staff to draft the letter today and there are specific costs in the short term. She stated her agreement with the Vice Mayor that this is a very complex question that the town needs to determine whether it wants to be involved in before contemplating laying a four mile pipe. Further, she stated there is a very serious question of liability particularly from the standpoint of possibly opening up the area between Leesburg and Raspberry Falls to growth as development of an area the size of Meadowbrook can have very direct costs on services provided by both town, county and school system. She stated that water is highly political and she completely agrees that this action may allow the county to delay getting involved in finding a solution. Council Member Reid stated he is skeptical that this letter will bring forth any results and noted he liked the original staff letter better because it had Leesburg staff putting forth a proposal, which could have been brought to Council, Loudoun Water and the Board of Supervisors. He stated he does not believe that the Board of Supervisors will do anything given their attitude at the joint meeting. He noted that in some cases, at least in his experience with federal bureaucracy, the bureaucrats will tailor their reports to what the politicians want to hear and therefore, getting to the issue of whether there is a public health problem is problematic. Mayor Umstattd stated she would not be supporting this tonight but the best language, to her mind, is in the two non negotiable requirements. She expressed her belief that the current plant has been sized to meet all zoned growth within the town and zoned growth within the existing service area. She stated the town will meet those growth limits, potentially within five year and certainly within 10 years. She stated if the town begins piping water out of town to other communities, she is unsure how the town can legally limit who is allowed to tap into the line. She stated her fear that this will open the town to liability particularly with the request for a guarantee of water quality. She stated she is frustrated because the one entity that would be able to provide the town with the best information, Loudoun Water, is being sued by the Raspberry Falls residents, so they are unwilling to provide information. She reiterated that even though Council would like to help its neighbors, Council has a fiduciary duty to the people and businesses of the town, not to any communities outside the town. She stated she is aware of pressure from some members of Council to ship water to Purcellville and noted that if the town begins frittering away capacity on out of town users, there will not be sufficient capacity to guarantee water for in -town users. She stated the town has been very fortunate never to have had to impose mandatory rationing on the citizens of this town and she would like to keep it 13 1 Page COUNCIL MEETING October 26, 2010 that way. Further, she stated her belief that this situation should be settled between Loudoun Water and Raspberry Falls and between the Board of Supervisors and Raspberry Falls. She stated, unfortunately, having watched expansions of the town plants in the past, if the town begins using up capacity on out of town users and does not have enough capacity to provide for growth within the town and the town's service area, the plants will need to be expanded again, which would be a $30 million plant expansion the cost of which will have to be borne by the current service users and there will be a need for an additional rate increase to pay for the expansion. She stated, contrary to what Council Member Dunn has said, the town does not have unlimited capacity as the plant was carefully planned to provide capacity for current growth within the town and the existing service district and by going outside the district, it puts that planning at risk. She expressed concern that a policy of providing water outside the town's service area will result in legal costs and utility costs that will be passed on to in- town rate payers. Council Member Hammier stated that the Mayor has raised some very good points. She stated when the town requested a boundary line adjustment with respect to Crosstrails, it was denied by the county. She offered a friendly amendment to add to the second paragraph of the letter "the Town Council has determined they would be interested in entertaining proposals from Raspberry Falls and /or Loudoun Water to supply the Raspberry Falls community with potable water by truck only for the short term. Council believes this issue must be resolved by Loudoun Water and the Board of Supervisors with the Raspberry Falls neighborhood Council Member Butler did not accept the friendly amendment because he stated he was not interested in limiting it at this time as that would be a disservice to the Utility Fund. Further, Council Member Butler stated there is no policy on Council to sell water outside the service area, which may come in the future. He stated Mayor Umstattd has brought up a number of good points, which should be addressed in a proposal, MOU or contract that would be negotiated before Council would take any action or Council would not be doing its fiduciary duty. He stated this letter is just stating that Council would be open to discuss the idea and may push the Board of Supervisors to come to a decision, one way or the other, sooner rather than later. He stated the town can submit unsolicited proposals but cannot do anything without the Board of Supervisors agreeing. The motion was approved by the following vote: Aye: Butler, Dunn, Martinez, and Reid Nay: Hammler, Wright, and Mayor Umstattd Vote: 4 -3 15. CLOSED SESSION Mayor Umstattd made the following motion: 141 Page COUNCIL MEETING October 26, 2010 Pursuant to Section 2.2- 3711(A)(3) of the Code of Virginia, I move that Leesburg Town Council convene in a closed meeting for the purpose of discussing the acquisition of real estate for the South King Street Widening Project. The motion was seconded by Council Member Reid and approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 The Council convened in Closed Session at 9:19 p.m. The Council reconvened in Open Session at 9:45 p.m. Mayor Umstattd made the following motion: In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered by Council. The motion was seconded by Council Member Reid and approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 16. COUNCIL COMMENTS Council Member Butler stated the Air Show was great. Council Member Hammler thanked the Board of Supervisors for meeting with Council and stated she looks forward to follow -up on the SRO issue. She also thanked staff for the effort to organize this meeting. She stated the Tuscarora High School dedication was awesome and noted that Chief Rocca was there and "rocked" the place. She also disclosed a discussion with Jan Zachariasse of Waterford Development. Council Member Martinez stated he enjoyed the Air Show. Vice Mayor Wright stated he enjoyed the Air Show and Leesburg Hauntings. He stated he is looking forward to the parade. He thanked Kara Clark for her article as it has brought forth two expressions of interest in the Utility Rate Advisory Committee. 15 1 Page COUNCIL MEETING October 26, 2010 He noted that there are still vacancies. He disclosed a discussion with Jan Zachariasse of Waterford Development. Council Member Reid thanked the residents for coming out to talk about the water situation. He stated he hopes that Council will listen to their pleas and act on something that will provide some relief next year. He stated the utility consultant did recommend some areas for expense cuts. He stated he regretted being unable to attend Mr. Lilly's memorial dedication, but has been keeping Bob and his family in his prayers every day as he walks through the garden on the way to his office. He stated he enjoyed the Air Show. He stated the Tuscarora High School ribbon cutting was fantastic. He stated Mr. Rocca was wonderful and heartwarming. He stated he is glad that the School Board named the high school after the Tuscarora tribe. Council Member Dunn stated he enjoyed the Air Show and regretted being unable to make the dinner with the SamCheok City representatives. He noted the Halloween Parade is coming up this weekend and that fall baseball and football is wrapping up and congratulated all the players on their good work. He stated he is hoping to attend a cub scout camp out this weekend. He urged everyone to exercise their right to vote. 16. MAYOR'S COMMENTS Mayor Umstattd thanked the committee that put the Air Show together for their work. She thanked Vice Mayor Wright and his wife, Dena, for volunteering to help direct traffic along with a number of members of the Airport Commission, Council Member Butler and Town Manager Wells. She thanked ProJet for offering their hangar for the reception and for bringing in high school and college students, and others so the children could pursue their dream to fly. 17. MANAGER'S COMMENTS Mr. Wells stated Council has an updated agenda calendar in their folders, which shows what is scheduled between now and the end of the calendar year. He noted the Halloween Parade starts at 6 p.m. on Sunday and the trolley will be available and leaving at 5:30 at the front of Ida Lee. He stated based on the work with the Town Attorney and the Capital Projects staff, work will begin on Battlefield Parkway on November 8 with surveyors and erosion control and heavy equipment will arrive and begin clearing the week of November 18. Council Member Martinez questioned whether the town can focus on completing one side so that the traffic can begin to flow earlier. Mr. Wells stated he will ask, but the contract as set and bid calls for the current phasing. He stated if there is a way to amend the contract, he will follow up. 16 1 P COUNCIL MEETING October 26, 2010 18. ADJOURNMENT On a motion by Council Member Martinez, seconded by Mayor Umstattd, the meeting was adjourned at 9:54 p.m. AirTF T: Clerk of pu it 2010 tcmih Y026 1 Kristen C. Umstattd, Mayor Town of Leesburg 17 I Page