HomeMy Public PortalAbout2003_11_24
Council Work Session
November 24, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marty
Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Attorney William Donnelly, Assistant to the Town
Manager Nicole Ard, Assistant to the Town Manager Kathleen Leidich, Chief of Police
Joe Price, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning and Development Susan Swift, Director of Economic Development Betsy
Fields, Director of Parks and Recreation Kaj Dentler, Chief of Comprehensive
Planning David Fuller, Management and Budget Officer Mike Freda, Capital Projects
Coordinator Nagi Elsewaissi, Management Intern Alexandra Shabelski, Administrative
Associate II Jackie Seipel, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
1. Agenda for Council Meeting of November 12, 2003
a. Authorizing the lease agreement by and between AV-ED Flight
School, Inc. and the Town of Leesburg for the Leesburg Executive
Airport.
Jackie Seipel provided background for this item and stated the Airport
Commission recommends approval.
Councilmember Zoldos noted there is a typo on page two of the lease
agreement regarding the date.
b. Authorizing the lease agreement by and between Aviation
Adventures, LLC and the Town of Leesburg Executive Airport.
Jackie Seipel outlined the contract stating the lease amount is the same
for both flight schools. Further, she stated the Airport Commission is
recommending approval.
Councilmember Martinez asked Bill Donnelly for guidance on this issue.
Mr. Donnelly stated the Federal Aviation Administration has ruled that
exclusive rights cannot be given to an incumbent business and the economic
impact of the competition between businesses cannot be taken into
consideration. He stated the Airport Director is convinced that even if
economic impact is considered, there is a strong market for aviation
services and the competition would be positive. Further, he
recommended that Council approved the lease.
Councilmember Zoldos stated the original application was submitted by
Aviation Adventures on June 30. He stated Aviation Adventures moved an
office trailer on the town property without permission or license on August 19,
the same day the Airport Commission recommended sending the application
to Council for approval Further, he stated Mr. Lissner stated the Airport
Town Council Work Session Minutes for November 24, 2003
Page 2
Commission's recommendation of approval was unanimous; however, there
were only four members present at the meeting.
Councilmember Schmidt asked if the responsibility for space assignments
would belong to the staff or the Airport Commission?
Mr. Donnelly stated staff would negotiate the allocation of space and then
the final plans would go to the Airport Commission. He stated the Airport
Director feels there is plenty of space and no legal priority to guarantee space
in the expanded terminal building. Further, he stated the term of the lease is
one year with the option to negotiate a long-term lease later.
Councilmember Schmidt also addressed the issue of the tie down spaces
asking how they will be allocated for commercial and private use.
Ms. Seipel stated separate lists are kept for commercial use and private
use of tie down spaces, therefore the commercial users aren't competing with
the private users.
Councilmember Martinez verified the incumbent businesses would not be
given special consideration regarding the allocation of space in the new
terminal.
Councilmember Zoldos emphasized the need to get the new terminal
leases and rates established as soon as possible. Also, he stated Blue Sky
Aviation's lease has yet to be brought forth to Council.
c. Supporting Loudoun County bus transit service for the Leesburg
area and recommending that the County consider alternate sites
for the proposed park and ride lot at Westpark.
Susan Swift provided an update stating the town and county staff have
met to try and resolve the situation. She stated staff has prepared a memo
to the county outlining twelve questions, which will assist the town in locating
a suitable site for the park and ride.
Councilmember Schmidt asked that the twelve questions identified by staff
be included in the resolution.
Councilmember Martinez asked Mr. Mason to address Council regarding
another transportation issue.
Tom Mason stated he and Councilmember Martinez attended the Loudoun
County Board of Supervisors Transportation Committee meeting where they
discussed the issue of $420,000 in funding for improvements to the
intersection of Route 621 and Tolbert Lane. He stated the committee
forwarded the item to the Board of Supervisors with a recommendation for
approval.
Mr. Mason stated they also discussed the town's requests for gas tax
funds and continued support for Sycolin Road. He stated the committee
recommended the allocation of their 20% share. Further, the town asked for
full funding for the Safe-T-Ride and the committee recommended 50%
funding, equivalent to what they currently provide.
Town Council Work Session Minutes for November 24. 2003
Page 3
Mayor Umstattd asked Mr. Mason to report on Mr. Grow's phone call to
Congressman Wolf's office.
Mr. Mason stated the $6 million dollars that Congressman Wolf promised
for Battlefield Parkway and $1 million dollars for the ILS system at the airport
is included in a funding bill that is set to go through the approval process, but
it is not known how long that will be.
Mayor Umstattd verified that after the town receives the $6 million from
Congress for Battlefield Parkway, an additional $6 million will still be needed.
She stated she has met with Scott York, Kirby Bowers and Memory Porter
regarding the issue of the remaining $6 million. She stated Council would be
asked to approve a $5 million bond, with the debt service to be paid from the
annual urban system construction allocation. Further, she stated the county
indicated they would consider financing the remaining $1 million dollars.
Councilmember Buttery asked Mr. Mason to provide an informational
report to Council on the section of Battlefield Parkway from Fort Evans Road
to Edwards Ferry Road.
Mayor Umstattd stated the preferred site would be Battlefield Parkway
and the Greenway and suggested incorporating examples of two to three
other sites that could be considered.
Vice-Mayor Jackson stated the county prefers the Westpark site because
it is the most affordable option.
2. 5&7 Wirt Street Walk-thru.
Nicole Ard reported on the staff walk-through of the building.
Councilmember Zoldos stated he was impressed by the building because it is
fully modernized and includes 10-12 parking spaces. He stated if there is not a
current need for 15,000 square feet in the proposed expansion, then Council could
purchase this building as an interim option and build the expansion later. Further,
he stated one of the needed improvements would be handicapped accessibility to the
building.
Councilmember Schmidt stated the Economic Development Commission has
concerns with the efficiency of the space and the cost per square foot. He stated he
would only consider this alternative if it would result in the downsizing of the
Loudoun Street build-out. Further, he suggested that Council be careful not to slow
down the Loudoun Street project.
Ms. Ard stated staff is prepared to take whatever action Council recom mends.
She stated further studies needs to be conducted regarding the structural state of
the building. Further, she stated as a long-term investment for office space needs,
staff would not recommend this location.
Councilmember Kramer stated the building does not address the long-term
needs of the town staff and is more expensive per square foot than the Loudoun
Street Addition. She urged Council to move forward with the current expansion
project.
Town Council Work Session Minutes for November 24. 2003
Page 4
Mayor Umstattd concurred with Councilmembers Kramer and Schmidt stating
the building's price is twice as much per square foot as the expansion.
3. Use of Ida Lee Park Recreation Center by Leesburg Fire and Rescue
Squad.
Kaj Dentler stated he is not in a position to make a recommendation at the
current time. He stated Mr. Crush came before the commission asking that use
of the Ida Lee recreation facility be free to all volunteers at all times. Further, he
outlined the current practice stating when volunteers are on duty they are able
to use the facility at no charge.
Mr. Dentler stated staff is considering a recommendation that would allow the
volunteers to purchase a pass at a reduced rate, but would like to avoid granting free
access because of the precedent it would set. He asked that Council give the Parks
and Recreation Commission the opportunity to make a recommendation and report
to Council in January.
Councilmember Schmidt asked why the volunteers were granted free access
only while on duty?
Mr. Dentler stated Fire Company 1 had approached staff asking for free use of
the facility for their volunteers and at that time staff granted permission with the
exception that the free use would only apply while they were on duty. He stated at
that point the rescue squad asked for the same consideration and used the free use
as a way to attract volunteers. Further, he stated it is not common for volunteers to
have free access to these facilities in other jurisdictions, except while they are on
duty.
Councilmember Zoldos and Vice-Mayor Jackson expressed support for Mr.
Dentler's recommendation.
Councilmember Buttery asked how many volunteers have taken advantage of
this program.
Mr. Dentler stated the volunteer base is approximately 150, however they
estimate that only about 80 volunteers wish to have the free services.
Mayor Umstattd verified the current policy allows the volunteers to use the
facility for free while on duty.
Mr. Dentler stated the only exception to that is the racketball court.
Vice-Mayor Jackson asked if the Loudoun County Fire and Rescue would ask
for this service as well?
Mr. Dentler stated that issue has not come up, however he would be
concerned that it may be a possibility if free membership is given to the volunteers.
Councjlmember Zoldos stated any policy approved should be limited to
Leesburg volunteers.
Town Council Work Session Minutes for November 24. 2003
Page 5
4. Entering private property for trash or brush collection.
Tom Mason summarized the current policy stating pipestems are not
common ground and would not support the truck traffic necessary for staff to
retrieve the brush. He recommended that Council support the current policy.
Mayor Umstattd verified that staff would enter the property for brush removal
if there was a life threatening emergency.
Councilmember Schmidt stated the policy is reasonable; however, perhaps
staff could enter the property for this reason if the resident was willing to waive
liability and if there were a fee for the service.
Tom Mason stated there is a provision, which allows the landowner to request
a different pick-up location, but there has to be a clear benefit to the safety or
welfare of the municipality.
Councilmember Zoldos asked that Section 8-16 of the Town Code be clarified
by adding language stating trash and brush to be picked up must be in the public
right of way.
Vice-Mayor Jackson and Councilmember Buttery concurred stating the policy
is good as it stands.
Mayor Umstattd sympathized with the homeowner's frustration stating after
the hurricane contractors were knocking on residents doors and charging $250 for
tree removal which was a hardship for the elderly residents.
Vice-Mayor Jackson stated after the heavy rain last week he received several
calls from residents on King Street concerning leaves blocking the drain. He stated
he referred the calls to the town staff and the street crew was quick to come out and
fix the problem.
5. Collection of delinquent water and sewer charges.
Bill Donnelly asked Council for permission to sue in order to collect delinquent
water and sewer fees from South Street Under. He stated he has worked with their
attorney to try to reach a settlement and would file this suit in General District Court.
Councilmember Schmidt asked if the owner was made aware of this issue
being on the Council's agenda tonight?
Mr. Donnelly stated he has contacted them. He explained the issue and
stated the owner is stating that they should have been billed. Further, he stated the
owner is not disputing the amount of water used.
Councilmembers Martinez and Zoldos stated their support for this action.
Councilmember Buttery verified there is now a combined meter in place and
the payments are current. He asked from what period of time they are current?
Mr. Donnelly stated since the end of 2002 the payments are current.
Council member Kramer expressed concern with the amount of money owed
and length of time for staff to discover that this restaurant was not being billed.
Town Council Work Session Minutes for November 24. 2003
Paqe 6
Mr. Donnelly explained the old system used by the town did not pick up
on the usage. He stated the owner was offered the option of paying the
principal in installments.
Mayor Umstattd verified there is Council consensus to sue the owner and
asked that a resolution be drafted for the Council meeting.
6. Reactivation of United Way parking cards.
Nicole Ard stated Mr. Tong of the United Way is asking that the policy of
providing their staff with parking passes to the garage be reactivated.
Mayor Umstattd stated other non-profit organizations in the town do not
receive free parking in the garage.
Councilmember Schmidt stated they should not receive any privileges that
are not given to other non-profit organizations.
It was the consensus of Council to not issue parking passes to the United
Way.
7. Cable Commission-Character Generator Bulletin Board.
Chuck Shotton, Cable Commission Chair, addressed Council stating as part of
the franchise agreement Adelphia was to set aside a channel to be dedicated for
town use. He stated the town was to activate this channel as there was sufficient
need. Further, he stated he was recently made aware of staff's efforts to activate
this channel and to secure the necessary character generator equipment without the
knowledge or consent of the Cable Commission or the Council.
Mr. Shotton stated Adelphia already operates two bulletin board channels and
further expressed concern with the initial cost to the town and residents for adding
this additional channel. He stated the Cable Commission has recommended that this
channel not be activated at this time.
Councilmember Schmidt stated he would like to see this referred to the staff
and have them report to the Cable Commission.
Council member Zoldos concurred with Mr. Shotton stating that this issue
should go to the commission before any action such as this is taken.
Councilmember Buttery stated he would like to hear from Mr. Noe regarding
what position he has taken on this issue.
Ms. Ard stated staff has negotiated for an alert system to provide the town
access for an audio call and video call so the Police Department will be able to let the
residents know there is a problem. She stated the video portion has not been
provided and over the past two years staff has tried to get this access from
Adelphia. Two weeks ago staff members met with the regional manager and were
assured that Adelphia would be coming into compliance with the local alert system.
Ms. Ard stated the character generator would be used with the local
alert system and will allow the police department to send out a video message
in order to notify the residents of a situation. She stated at this same meeting the
Adelphia representatives offered the town the alternative of leaving Channel 2,
Town Council Work Session Minutes for November 24. 2003
Page 7
which is shared with the county and other localities and to establish Channel 21, an
all Leesburg channel. Further, she stated this was the first that staff had been made
aware of this option and it was made clear to Adelphia that this issue would have to
be discussed further before any commitments could be made.
Mayor Umstattd stated the actions taken by staff have been very responsible
especially give the increased requests from residents to receive better emergency
communications.
Councilmember Buttery asked that Ms. Ard and Chief Price provide
information at the next cable commission meeting.
Mr. Shotton stated the franchise requirement to provide emergency access
messages and the establishment of Channel 21 are two separate issues. Further, he
stated the Cable Commission needs to be involved in all decisions made with regards
to Adelphia.
Mayor Umstattd stated the Council greatly values all of the residents who
serve on the various boards and commissions; however, the town government would
not run efficiently if staff had to consult the commissions on every issue.
Ms. Ard stated she would be happy to provide Council and Mr. Shotton copies
of the Cable Commission minutes which detail these discussions.
Councilmember Zoldos stated the issue is communication between the staff
and the Cable Commission. He stated it seems that the character generator
would work with any channel, not just Channel 21. Further, he added the town
should have the equipment necessary to post messages ourselves.
Ms. Ard stated that is what staff is trying to work out with Adelphia.
Councilmember Zoldos stated not everyone in town has cable, therefore there
should be some other means of communication as well.
Councilmember Buttery verified this is the first such instance where there was
a lack of communication between the staff and the Cable Commission.
8. CDBG Consolidated Plan/Action Plan Schedule.
David Fuller updated Council on the status of this program and asked what
level of involvement they wish to have. He stated the county needs to have a one
year action plan to meet HUD requirements and the town has two months to submit
potential projects.
Mayor Umstattd asked for examples of what projects might be eligible for this
program?
Mr. Fuller stated some projects that staff has identified are Market Station,
services to low income families regarding housing, infrastructure upgrades and code
enforcement. He stated he has met with several departments in the town and has
begun establishing a list of potential projects for consideration.
Mayor Umstattd asked that the list be provided to the Economic
Development Commission for their next meeting.
Town Council Work Session Minutes for November 24. 2003
Page 8
Mr. Fuller stated in January staff would like to have a list to Council and the
Planning Commission. Further, he stated staff would like to hold a public hearing as
well.
Mayor Umstattd verified staff would like Council to designate the Planning
Commission to take the lead on this project and would also like some ideas from
Council regarding projects they would like to see in this program.
Councilmember Schmidt stated he is comfortable with the recommended
process and would like to have the public hearing. Further, he recommended the
drainage and sewer improvements on Fort Evans Road be added to the program.
Councilmember Martinez stated he would like the opportunity to read the
program a little more before making any recommendations. Further, he stated he
would be comfortable with the Planning Commission taking the lead with this
project; however, he would like the public hearing to take place at the Council
meeting.
Councilmember Zoldos stated the Planning Commission should take the lead
and should hold the public hearing. Further, he stated the funds could be used to
acquire land for a park and ride site.
Vice-Mayor Jackson stated the Planning Commission should take the lead.
Further, he asked Mr. Mason if the Fort Evans Road improvements project is
currently in the CIP?
Mr. Mason stated the project is in the CIP; however, there are no funds
for construction.
Councilmember Schmidt stated it is a very substantial project and probably
could only be funded by bond. He stated this program provides a way to provide the
improvements soon as the need is identified.
Councilmember Buttery stated he would like staff to detail some of the
projects that could be funded under this program. He stated he has no
problem with the Planning Commission or the Economic Development Commission
being involved, however, because of the time constraints it seems the Council should
take the lead on this. Further, he asked if the county has provided information
regarding projects they may be considering for the town.
Mr. Fuller stated he is not aware of any; county projects however, he will
speak with the county regarding this issue.
Mayor Umstattd stated there would be plenty of time to hold a public hearing
because the final project list does not have to be provided to the county until
January 20. Further, she stated she would favor having the Council involved as well
as any other commission to determine what list of projects should be sent to the
county.
Mr. Donnelly asked who would decide which projects qualify?
Mr. Fuller stated the county and HUD will determine eligibility.
Town Council Work Session Minutes for November 24, 2003
Page 9
Mr. Donnelly stated it would be nice to know what will be favorably
considered and what will not. Further, can projects be changed from the preliminary
to the final list?
Mr. Fuller stated he believes changes can be made between the preliminary
list and final list.
Ms. Ard stated staff is working closely with the county and HUD regarding
what types of projects have been funded in other localities.
Councilmember Zoldos reminded Council that the town would be responsible
for providing some funds for any item approved.
Councilmember Schmidt suggested contacting Congressman Wolf's staff to
get some history on what the previous block grant projects have been in this area.
Mayor Umstattd verified Council is not required to hold a public hearing on
this issue, rather staff is suggesting that Council hold a public hearing. Further, she
stated the Planning Commission will meet on December 4 and should send their list
to the Council for their meeting on December 9.
Ms. Swift stated the Planning Commission has not received any of this
information for their meeting on December 4; however, staff could bring the issue up
at
their meeting and ask for comment.
Councilmember Zoldos asked if there would be a public input session at the
December 9 Council meeting?
Mayor Umstattd stated staff could put the schedule on the website and
perhaps an ad in the paper for December 9, but the formal public hearing would
have to wait until January 27.
9. Preview items for December 8, 2003 work session
a. SE-2003-05 - Loudoun Motor Sports - Public Hearing.
Councilmember Zoldos stated he supports the staff's recommendation
for approval with conditions.
10. New Business
a. Heritage High School Request
Councilmember Martinez asked Council to consider waiving fees to
allow Heritage High School to hold their All Night Graduation Party at Ida Lee
and to make a $500 donation to both Heritage and Loudoun County High
Schools, following what the County currently provides to each High School.
Vice-Mayor Jackson verified that the requested donation could be
given out of Uran funds.
Mike Freda stated the donation could be included in the mid-year
budget request.
Kaj Dentler stated a 1996 resolution for special events waived the fees
for the Loudoun County High School all night graduation party. He stated the
Town Council Work Session Minutes for November 24. 2003
Page 10
Parks and Recreation Commission would likely support waiving the fees for
Heritage High School as well.
b. Loudoun County Treasurer
Councilmember Schmidt discussed Mr. Roger Zurn's offer to provide
financial guidance to the town and stated his services would be beneficial to
the town. Further, he stated the resolution for emergency services with
Davenport wouldn't have to be rescinded because it was written that if the
town requires their services we would use them on an hourly basis.
Mayor Umstattd stated she could set up a meeting with Mr. Zurn to
see what exactly he could offer the town and then report back to Council.
c. Ford Dealer Sign Request
Councilmember Schmidt stated he would like to see this item
exped ited.
Mayor Umstattd concurred. She stated she has spoken with Brian
Boucher and he has indicated that he is happy to work with Mr. Sevila on this.
d. Methodist Church
Councilmember Schmidt addressed the letter received by the
Methodist Church regarding their parking issue and asked that staff provide a
recommendation on it.
Mayor Umstattd stated the item is scheduled for the next worksession.
e. Dry Hollow Road
Councilmember Martinez stated it is unknown who owns the
abandoned Balls Bluff Road; however, efforts are underway to identify the
owner. Further, he stated it would be nice to turn the road into a trail.
Councilmember Buttery asked Mr. Donnelly to research this issue and
report to Council.
The meeting adjourned at 10: 15 p.m.
tcwsmin 1124.doc
tIJ. a U