HomeMy Public PortalAbout2000_09_11
COUNCIL WORKSESSION
September 11, 2000
Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding.
Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald,
David Schmidt, Kristen Umstattd, Robert Zoldos and Mayor Webb.
Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney,
Deputy Town Manager Phil Rodenberg, Director of Engineering and Public Works Tom
Mason, Director of Planning, Zoning and Development Michael Tompkins, Director of
Parks and Recreation Kaj Dentler, Programs Administrator Barry Thompson, Budget
Officer Mike Freda, Zoning Administrator Brian Boucher, and Clerk of Council Judy
Ahalt
AGENDA ITEMS
1. Aoenda for Council Meetino of Seotember 12. 2000
a. Leesburo Commons Public Hearino
Michael Tompkins gave a brief summary of the Leesburg Commons
application. He advised that in March 2000 the Planning Commission
recommended conditional approval. Mr. Tompkins further outlined the
concerns of staff and their reason for a recommendation of denial.
Bob Sevila, representing the applicant, addressed Council stating that a
presentation would be made at tomorrow's night meeting to address the
issues and conditions put forth by the Planning Commission.
b. Initiatino Amendments to the SLDR and DCSM deleoatino to the
Director of Enoineerino and Public Works authority to aoorove
oerformance ouarantees and extensions. reductions and releases
thereof.
Bill Donnelly outlined the current policy and ordinance whereby council
approves performance guarantees with a recommendation for Tom Mason.
The proposed amendment will delegate that authority to the Director of
Engineering and Public Works. He added that many localities have delegated
that authority to staff.
Councilmember Atwell said he could not support this proposal as it
removes the opportunity from Council to know what is going on. Vice-Mayor
Umstattd agreed.
Councilmembers Jackson and McDonald stated they could support
initiating this amendment.
Councilmember Schmidt stated he might consider delegating the
authority, but would like prior notification of intent to extend bonds.
c. Makino Aooointments to Boards and Commission
This item was moved to the end of the agenda.
Town Council Work Session Minutes for September 11. 2000
Page 2
d. Awardina a contract to Buchart-Horn, Inc. in the amount of
$215,012 for construction manaaement services related to the
eXDansion of Ida Lee Recreation Center.
Kaj Dentler addressed Council stating they have gone through the RFP
process. He outlined the services to be provided through this construction
management service by Buchart-Horn, Inc. He stated the $215,012 is
considerably less than the $500,000 recommendation in the budget for these
services.
Councilmmember Zoldos commented the Parks and Recreation
Commission have given a favorable recommendation to this contract.
Councilmember Atwell asked for verification as to how many people would
be involved in this project. Mr. Dentler stated that five people would be
assigned to this project, with one of those working on site.
2. S. Kina Street Issues
Tom Mason outlined revised estimates from Virginia Power. The bottom line
is $381,871 with $122,000 of that for the under grounding.
Councilmember Zoldos verified that 9 acorn lights are sufficient according to
Virginia Power. He asked if it was the Town's intent to pay for the 30 underground
service connections or does that exclude the service box. Are the residents going to
pay the costs?
Councilmember Zoldos stated that he would not want to force the residents to
pay for these connections. Mr. Mason stated it has to be all or none adding the
estimate assumes that the town will be paying these costs.
Councilmember Schmidt clarified this estimate does not include the costs for
fiber optic conduit. Mr. Mason stated that an estimate would be available in a few
weeks.
Vice-Mayor Umstattd stated she does not want to force residents to connect.
She asked if the acorn globe streetlights could be put in regardless of under
grounding any other utilities. Mr. Mason stated yes, it may require some additional
conduit but the cost will not be significant and an appropriation would have to be
made and a change order for the contractor.
The Mayor asked about the time line with the existing schedule for the S. King
Street improvements. Mr. Mason stated the base paving should be put down late in
October.
Mayor Webb discussed a possible comprehensive plan for under grounding
throughout Town and the potential of setting a precedent by under grounding the
utilities on S. King Street.
Vice-Mayor Umstattd suggested a possible discussion on this topic at the
Council retreat. Councilmember Schmidt stated that S. King Street should the top
priority.
Councilmember McDonald expressed concern with setting a precedent with
the S. King Street project.
Town Council Work Session Minutes for September 11, 2000
Page 3
Councilmember Atwell expressed concern with the Bell Atlantic estimate
changing. Mr. Mason stated that Bell Atlantic would basically use the existing
conduit.
Mr. Mason suggested putting conduit in now to minimize disruption.
Mayor Webb asked for a consensus on whether to discuss this issue at the
retreat or to make a decision at tomorrow night's meeting.
Councilmember Zoldos stated he would like to have all the facts and costs
before he makes a decision.
Councilmember McDonald stated it is logical to him to go ahead with conduit
for the lights.
Vice-Mayor Umstattd stated she would be in favor of installing the globe
streetlig hts.
Councilmember Atwell stated he would like to see the additional figures, and
whether these lights will add to the time of completion of S. King St. He added he
would not like to see the Catoctin Circle project overlap the S. King project.
Tom Mason added the conduit is going with the town project and will
accommodate the replacing of the overhead to underground.
It was decided that two resolutions would be brought forward for tomorrow
night's meeting. One for the conduit only and another for globe acorn streetlights
and conduit.
2. ProDosed Cable Television Franchise Aareement and Ordinance
Don Williams with Rice Williams Associates outlined both the franchise
agreement and ordinance. He advised that it has been reviewed by the citizens
committee and is for a la-year non-exclusive program.
Mayor Webb asked if the town channel access would remain in the lower
digits. Mr. Williams stated it could be used without converter. Mayor Webb verified
that town buildings would be connected including the airport.
Councilmember Zoldos expressed concern that the franchise agreement
transfer clause is in conflict with the ordinance.
He also said that a la-year contract with the franchisee is too long.
Vice-Mayor Umstattd asked if we have legal rights to say no to a transfer
outside our control. Also she questioned whether there is an advantage of a 10-
year contract.
Councilmember McDonald stated that a better package has been obtained for
a la-year contract as opposed to a 5-year contract. With reference to the studio,
they have a commitment from Adelphia for an expanded studio that will give
Leesburg better access. He stated he had concerns with the family franchise, but is
Town Council Work Session Minutes for September 11, 2000
Page 4
satisfied with the staff recommendation. He stated the Cable Commission has
worked very hard on this franchise.
26.
Mayor Webb stated this item would be coming to Council again on September
Mr. Brown with Adelphia thanked the Cable Commission, Rice Williams and
Council for their hard work on this franchise. He stated this franchise is a good deal
and will benefit Leesburg and Adelphia. Further they will work diligently with the
upgrade.
William Fiske, a Cable Commission member, addressed Council stating they
have been working for three years on this franchise agreement and he believes this
is the best possible product.
3. Reauest for Relief for Payment of the Cost of Frontaae ImDrovements on
Catoctin Circle for the Middlebura Bank Office Buildina
Mr. Noe advised Council that he has meet with Mr. Tom Nalls and Terry Titus
representing Middleburg Bank who was seeking relief of frontage improvements
costs for the office building. He stated that a CIP project is scheduled to widen
Catoctin Circle. He stated that he has met with staff that advised him that the
Subdivision and Land Development Regulations require frontage improvements and
it would set a bad precedent. The alternative would be for Middleburg Bank to
wait until Catoctin Circle is complete and then they would be relieved of their
frontage improvements.
Terry Titus, William H. Gordon Associates, representing Middleburg Bank
addressed Council. He stated that he has asked staff how long it would be before
the Catoctin St. widening project would be done. Prior to filing the site plan he met
with Mr. Gauthier and he made it clear they would have to construct frontage
improvements or pay for improvements by a bid process for which we would pay the
town the highest of two bids.
He was then told by town staff that 98 percent of the Catoctin Circle widening
was being funded by VDOT. He added this is a fairness issue whereby the bank is
charged for frontage improvements when VDOT is paying for.
The development plan has been refiled for its last review contingent upon
frontage improvements. He suggested that the bank bond those improvements for
the length of time necessary to complete the frontage improvements.
Vice-Mayor Umstattd verified the total cost of the improvements would be
$45,000 to $50,000 and that Middleburg Bank would bond that full amount.
Mayor Webb asked Mr. Donnelly to respond in a memo to Council. She
stated the bank is a very good corporate citizen doesn't want to send this message
to the business community.
Council member McDonald and Councilmember Jackson agreed with the idea
of bonding the improvements.
Town Council Work Session Minutes for September 11. 2000
Page 5
Councilmember Atwell questioned the arrangement for soliciting two bids and
charging the higher of two bids. He said if all parties are satisfied, there are
guarantees the improvements will be constructed and allows them to go forward with
their site plan, he would concur.
Councilmember Zoldos concurred but would want an assurance that we do
not set a precedent.
Vice-Mayor Umstattd stated she will be interested in hearing Mr. Donnelly's
opinion as to whether a precedent will be set.
Mr. Titus said it this were a CIP project it would have a whole different slant.
The bonding of the improvements will provide a guarantee.
This item will return to the next work session.
4. Makina aDDointments to Boards and Commissions.
Mayor Webb referenced the resumes and letters from those candidates who
the three councilmembers have recommended. She stated if there are any
questions on their recommended appointments.
Councilmember Zoldos requested a list of those people who have applied at
tomorrow night's meeting and suggested that we vote on those who are
reappointments first. He will make the motion tomorrow night to vote on each
individual.
Mayor Webb said this would be on the agenda tomorrow night.
s. Leaislative Packet
Mr. Rodenberg discussed the tentative schedule for the upcoming legislative
session.
He outlined the legislative items that staff is including for the legislative
package as follows: (1) Charter Change Removing the Advice and Consent
Requirement, (2) Primary Seat Belt Enforcement, (3) Automated (Camera) Red Light
Traffic Enforcement, (4) Sycolin Road/Route 7/15 Bypass Widening Project, (5)
Historic District Preservation/Beautification, (6) Growth.
Staff proposes that the legislative package be brought for adoption at the
September 26, 2000 meeting.
Councilmember Zoldos suggested that the legislative package be discussed at
the retreat on September 30, 2000.
Mayor Webb discussed charter changes. Mr. Noe stated that staff is not
prepared to discuss the full charter.
Vice-Mayor Umstattd asked that the Fairfax County and Vienna be contacted
how their cooperative system for deferring higher assessed values in historic district
properties works and whether enabling legislation is required.
Town Council Work Session Minutes for September 11. 2000
Page 6
Councilmember Zoldos stated the VML legislative package will be discussed in
October. They will be discussing three items. (1) revenue sharing based on income
tax, (2) transportation funding, (3) opposing any legislation that restricts optional
use of zoning and subdivision requirements for cluster developments.
Mayor Webb asked that staff check on the revenue sharing language from
VML's legislation.
6. Dinner with the Loudoun County Board of SUDervisors
Mayor Webb suggested that a date be determined for a dinner with the Board
of Supervisors in October.
Also please offer three available days in September for discussion with the
Board of Supervisors to discuss the urban growth area.
7. Discussion of second October meetina time for Council to consider an
alternative time for October 31 or to cancel the meetina.
There was discussion as to the dates for the October 31st meeting. It was
decided that the October 31 meeting would be held at 9:00 a.m.
8. Other Business
Doug Chaplow with the IT Commission discussed an opportunity to broadcast
the Town Council meetings on the Internet.
Mayor Webb stated this might be an alternative for people who do not have
cable connections.
Councilmember Zoldos suggested checking with Adelphia to assure that no
broadcast rights are violated.
Councilmember Zoldos discussed a letter from the Tree Commission with
reference to a Leesburg Arboretum being established in Town. It was decided this
would be discussed at the next worksession.
The meeting adjourned at 9:40 p.m.
~M //J ~
erk of Council