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HomeMy Public PortalAbout2000_03_13 MINUTES COUNCIL WORKSESSION March 13, 2000 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Clem presiding. Councilmembers Present: George F. Atwell, Mervin V. Jackson, Leonard McDonald, Kristen C. Umstattd, B. J. Webb, Robert Zoldos and Mayor Clem Staff Members Present: Robert S. Noe, Town Manager, William E. Donnelly, Town Attorney, Director of Engineering & Public Works Thomas A. Mason, Director of Parks and Recreation Kaj Dentler, Director of Planning, Zoning and Development Michael Tompkins, Director of Utilities Randy Shoemaker, Chief of Comprehensive Planning Jerry Mucci, Zoning Administrator Brian Boucher, Public Information Officer Susan Farmer and Acting Clerk of Council Mary Mack. Planning Commissioners Present: Chairman Gus Glikas, Commissioners Charlotte Cable, Larry Shonberger, and Cliff Vaughan. (Kristen Umstattd sitting with the Council). Mayor Clem announced that the Planning Commission will appear last on the agenda to allow more time for discussion. Mr. Noe announced that a number of telephone calls have been received regarding the County Referral 99-11 known as Crestmont and also a letter from the developer suggesting that this item be deferred pending a meeting of the citizens of the area on March 18. On motion of Vice Mayor Webb, seconded by Councilmember Jackson, the Council voted unanimously to defer the Crestmont referral until after March 18th, at which time the Woodle a Manor Home- owners Association will have an opportunity to provide input to the Council and the Community on the application. AGENDA ITEMS 1. Agenda for Council Meeting of Tuesdav. March 14.2000: Director of Utilities Randy Shoemaker was present to review the contract award for construction of water line improvements along north King Street and Ida Lee Park along the trail alignment within Ida Lee Park. He explained that this is part of the main zone improvement. Mr. Shoemaker stated that staff can recommend this award to Owens and Dove, Inc. He stated that a portion of the work is for Parks and Recreation and includes a trail approximately one-half mile long. The bid price for the trail is $51,000 which is included in the contract award amount and would be paid through the General Fund. Mr. Shoemaker stated that they have worked with this contractor in the past and their work performance is excellent. Mayor Clem pointed out that the remainder of the contract will be funded from the Utility Fund. Director of Parks and Recreation Kaj Dentler was present to review the contract award for the first phase of the tennis court project He explained that the funding for this item has increased significantly since it was put in the CIP due to the increased contracting costs and COUNCIL WORKSESSION MINUTES FOR 3/13/2000 Pa2e # 2 explained that for that reason they are only awarding for Phase I, explaining that Phase II will be for lighting and the building and will have to be included in the upcoming budget process. In answer to Councilmember Zoldos' question, Mr. Dentler stated that the tennis courts will be available for the summer, they will not have the lighting or additional parking that will be a part of Phase II. Mr. Dentler stated they recommend this award to R. L. Rider for Phase 1. Mr. Dentler stated that the contractor's references have been checked and are very favorable, stating that they have done tennis courts previously. Vice Mayor Webb asked that a report on today's AADP meeting be added to the end of this meeting's agenda. Councilmember McDonald announced that Susan Farmer was present with a representative from Adelphia for Item #14 on tomorrow's agenda. Ms. Farmer came forward and reported that they are making progress with the franchise renewal process, which has been going on for almost two years, and now that the sale of the system has been finalized they are continuing with the renewal process. She reported that the current franchise does expire later this month and they will not be able to make that deadline, so they are asking for an extension to the end of June to allow more time to iron out the details and have a solid new ordinance and franchise agreement for Council. Mr. McDonald stated that they feel good regarding the progress to date. Chairman Herndon of the Cable Commission is scheduled to meet with Council in April and will be able to give a further update at that time. There were comments from Councilmembers regarding provision of public access for council meeting, work session meetings, etc., provision of the weather channel as a part of the basic tier and the ability to customize service, which Mr. McDonald stated is not a possibility with the present equipment. (Note: verbatim transcript of all Councilmember comments have been forwarded to Ms. Farmer for use by the Cable Commission.) Mr. Noe called the Council's attention to Item G. d. on the Council agenda and stated that staff has asked that no action be taken on this item because more staff work is needed and it will be re-advertised for the March 28th meeting. There were no objections. Metricom - Franchise Discussions and Presentation Bill Donnelly advised the Council that a request has been received from a company called Metricom to grant a franchise to use the Town's rights-of-way to install a system that would permit subscribers to have wireless connection to the internet. The company is proposing to pay the town a franchise fee of five percent and in addition to provide to basic subscriptions and the use of two modems to use the system. The proposed term would be an initial term of five years, renewable at the company's option for three additional five-year terms for a total term of 20 years. He stated that they have proposed a matching provision that would provide that if, during the term of the franchise, they have offered any favorable terms or conditions to any other comparable localities in this area that they would have to amend our agreement to provide that same favorable treatment to the Town. He stated that eventually the Council would ask the council to authorize the staff to initiate the process to advertise a public hearing for the consideration of the franchise and after that Council action would be needed on the franchise and the franchise agreement. 2 COUNCIL WORKSESSION MINUTES FOR 3/13/2000 Paee # 3 Mr. Donnelly then introduced Mr. Pete Cowden, the government relations representative for Metricom for the BaltimorelWashington area, to make a brief presentation. Ms. Umstattd asked if the Federal Telecommunications Act come into play for this? Mr. Donnelly stated that the FCC regulates this type of service but does not require a license. This company does meet FCC regulations with respect to the service they provide. Mr. Cowden stated that they currently have completed some 45 franchise agreements in the area, and are working approximately 20 more. He gave a brief history of the company. It was explained that this service is a very high speed wireless internet connection system, a very low-power system and the chances of interference are very slim. He explained that there is no digging up of streets and no cable involved advising that their service is provided by modem that speaks to small transmitters mounted on street light poles, specifically located behind cobra head street light fixtures. The transmitter is roughly 11" x 6" x 6". He stated that they have agreements with Virginia Power and NOVEC for these purposes. He stated they have some flexibility in location of their transmitters, which are installed with a bucket truck and a crew of two. ... In answer to a question by Councilmember Umstattd, Mr. Cowden, stated that the system will require antennae, but they will not install monopoles, but will work off existing structures. Because street lights are at a higher elevation, they have more flexibility for coverage than a cellular company would have. Ms. Webb asked the closest municipality to Leesburg that they have a franchise and was informed that it was Herndon. Mr. Atwell asked for a comment regarding the reliability of the wireless versus a wired system. He stated they have a high reliability in service where they get it, giving the example that they can move a transmitter if the service is not reliable. Mr. Zoldos asked for a ball park price for a basic subscription, Mr. Cowden stated that the modem will be a purchased item of approximately $400 each and the monthly service as $38 to $45 per month. Mayor Clem suggested that Mr. Cowden be scheduled to meet with the IT Commission before a public hearing is scheduled. Ms. Umstattd asked for revenue estimates. The early estimate is about $1,900 per year, but as subscribers go up so does the revenue. Mr. McDonald stated he would like to see this moved forward. Mr. Atwell asked who their competitor was at the present time, and was told that at this time there is not a competitor. On motion of Councilmember Jackson, seconded by Councilmember Umstattd, the Council voted unanimously to have this move forward Zonine; Ordinance Amendment ree;ardine; Home Occupations Mr. Donnelly explained that a local artist has requested that some of the conditions of the home occupations ordinance be relaxed, one is the square footage limitation and the other is permitting a water connection to her garage. On motion of Vice Mayor Webb, seconded by Mr. Jackson, the Council voted unanimously to seek an initiation of the ordinance amendment as suggested and refer it to the Planning Commission for recommendation. Mr. Boucher confirmed that he feels there is a 3 COUNCIL WORKSESSION MINUTES FOR 3/13/2000 Page # 4 degree of flexibility for this proposed amendment by limiting it to artists and sculptors. Public Use of Facilities at the Town Hall Mr. Donnelly advised the Council that at the present time there is no formal written policy on the use of the facilities at the Town Hall. He spoke of the advantages of having a set of written policies and procedures for allowing these uses. There was some discussion regarding developing these guidelines. Mr. Donnelly stated that he has reviewed Loudoun County's procedures with suggested modifications. Loudoun limits use of their building to only non-profit organizations, they do require advance reservations and application forms. Use of the facility for governmental purposes has priority and they do not charge. He stated that the regulations may be customized as necessary. He stated that without written rules, and now requests are considered on a case-by-case basis, that the Town could unknowingly be arbitrary, and approve one group and disapprove another group later that are very similar. Ms. Umstattd stated we have always approved everybody. Mr. Donnelly said it is not necessary, but he feels it is a good idea to do it. Mr. Noe pointed out that having a policy gives the Town a better position should some diverse group apply. Mr. McDonald stated he feels some set policy will provide the needed protection for everyone. On motion of Mr. Zoldos, seconded by Mr. McDonald, the Council voted to have Mr. Donnelly draft a policy for Council consideration. The vote on this motion is shown below: Aye: Atwell, Jackson, McDonald, Webb, Zoldos and Clem Nay: Umstattd Ms. Umstattd stated she wanted to wait and see what the policy looks like. Vacancies for Boards and Commissions Balch Library Commission There was discussion regarding the appointment of a Loudoun Board of Super- visor member. Ms. Webb stated a need to be clear on this. Mr. Atwell confirmed that the Code does call for this position. Mayor Clem asked Mr. Noe to confirm with the Board of Supervisors ~hat the Town wants to make this appointment and that Mr. Herring has stated his interest in serving. A motion to discuss the two interested parties for the two vacancies was made by Mr. Zoldos, and seconded by Mr. Jackson. This motion was unanimously approved Vacancies for Information Technology and Environmental Mr. Zoldos advised that the Information Technology Commission will be meeting on the 220d and stated that if the Council has no objection he would like to take the names of those interested and ask the IT to provide a recommendation to the Council for appointment to that Commission. Ms. Webb stated that this had been done with 4 COUNCIL WORKSESSION MINUTES FOR 3/13/2000 Page # 5 Economic Development and that it is a good idea. Mr. McDonald as a member of EAC stated he has no problem with Commission members making a recommenda- tion. Mr. Atwell stated a concern for setting this precedent, although he has no objection to seeing how this goes, but would not want to see the Advisory Com- missions controlling the appointments of Council. Mr. Noe advised that the advisory commissions serving the Council should not be selecting their own members because eventually there will be a strong objection to someone named. Ms. Webb stated here appreciation for Mr. Noe's position, but stated that the area of information technology is rather technical and some technical expertise is necessary for interviewing ... members for this commission. Councilmember Zoldos moved to permit the EAC and IT Commission to provide recommendations to the Council, who would then conduct interviews for vacant positions. This motion was seconded by Ms. Webb and approved by the following vote. Aye: Nay: Jackson, McDonald, Umstattd, Webb, Zoldos and Clem Atwell Mr. Jackson asked for clarification particularly with regard to upcoming vacancies on the Planning Commission. Ms. Webb stated they are merely asking for recommendations based on experience. She stated she does not perceive it going beyond these appointments. Planning Commission Mayor Clem recognized Chairman Gus Glikas of the Planning Commission. Mr. Glikas apologized that he was not certain what the Council wanted from the Commission. He reported on the action of the Commission during the past year. There ensued a discussion of what the Council would like. Vice Mayor Webb asked for an opportunity to have a dialogue with the entire Commission. Ms. Umstattd stated that there was no information regarding this meeting, because they were:the first and agreed that this is not a good forum for these discussions, suggesting a round table type of setting. Mr. Atwell asked if the Commission had a sense of what the Council felt about the work of the Commission or a direction in which to go for major planning issues-other than from individual council members? Mr. Glikas stated only from individual council members. Mr. Glikas stated the mandate of the Commission by the State to follow the Town Plan or give a significant reason for their actions. Mr. Atwell stated a need to convey to the other boards and commission some guidance as to what the Council expects and what the commissions should be doing and developing for this town for the future. Mr. Glikas stated he feels the meeting should have a simple dialogue for some direction and some understanding. Mr. McDonald stated a need to hear from the Commission what they need from the Council in the Town Plan-where is it inadequate, where can it be strengthened? Is the Zoning Ordinance sufficiently strong - if not, where can it be improved? Mr. Zoldos stated he expected a presentation by the Commission on the issues that would be a concern to everyone. 5 COUNCIL WORKSESSION MINUTES FOR 3/13/2000 Page # 6 It was decided that a separate meeting date would be needed with an agenda set by the Commission for March 30th at 7:00 p.m. on the lower level was selected. Chairman Glikas made a plea for more citizen participation in Planning Commission's actions. Mr. Zoldos stated that being able to provide on-line participation may benefit everyone. Mr. Atwell thanked Mr. Glikas for his participation at this meeting and apologized for his being the first in a series of these meetings. Ms. Webb recommended that the future meetings be set up in an environment that is conducive to actual dialogue. AADP Meetine: Ms. Webb asked to report on the AADP meeting held earlier on this day. She mentioned the issue of transportation and retail on Route 7 with regard to the Leesburg Commons application and the conflict with the Annexation Area Development Policies. She stated that the County Staff has requested getting this information earlier rather than later. She reported that the second issue was the pending crisis on provision of an elementary school site. She stated that there was agreement that county and town staff's would sit down and work together to see if there is a possibility of finding a school site at this time. She further reported that within the next 24 months the Town will be required to provide a school site. The meeting adjourned at 9:05 p.m. Pdc P~/;t~dc Clerk 0 Council 6