HomeMy Public PortalAbout2006_03_13
Council Work Session
March 13, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd
Councilmembers Absent: Melinda Kramer
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich,
Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price,
Director of Capital Projects Management Nagi Elsewaissi, Tourism Coordinator
Marantha Edwards, Management Specialist Tami Watkins, Deputy Town Attorney
Heather Biddluph, and Clerk of Council Judy Ahalt.
AGENDA ITEMS
Council Meeting of March 14, 2006
a. Requesting the Virginia Department of Transportation to accept
certain streets.
Tom Mason outlined the Town streets that are ready to be turned over
from the developer. He stated the Town will then be eligible to receive
funding from the Virginia Department of Transportation (VDOT).
Mr. Mason stated the additional 11 lane miles will result in an additional
payment of $2,199,000 per year from VDOT. These additional lane miles will
result in a total of 225 miles.
Councilmember Hammier clarified the Town spends approximately 20%
more than we receive from VDOT to maintain the streets.
She asked if any of the street maintenance funds are in jeopardy in the
state transportation funding.
Mr. Mason stated he has no new information regarding funding.
b. Donation of surplus police vehicles to the Citizens Support Team
Chief of Police Joe Price stated this surplus vehicle will be used by the
Leesburg Police Citizens Support Team (LPCST) and will replace a previously
donated vehicle.
Councjlmember Burk verified this vehicle will make a total of three
vehicles in use by the LPCST.
C. Approving a supplemental appropriation of insurance fund
reimbursements from damaged vehicles to pay for replacement
and repair of vehicles.
John Wells stated the Town receives insurance fund reimbursements for
damage to Town vehicles which are part of the General and Utilities Fund.
Town Council Meeting of March B. 2006
Page 2
Therefore the Town needs to appropriate funds in order to pay for the
replacement and repair of vehicles. This will require a supplemental
appropriation in the amount of $53,015.
Vice Mayor Martinez verified that some of these repairs resulted in
damage by snow plows.
Councilmember Horne verified there is no significant difference from last
years claims.
Councilmember Hammier asked staff to provide numbers on what
deductibles have been paid by the Town.
d. Awarding a construction contract to Fru-Con Construction
Corporation of Woodbridge, VA in the amount of $16,047,000 for
the upgrade and expansion of the Kenneth B. Rollins Water
Filtration Plant
Nagi Elsewaissi stated this expansion of the Water Filtration Plant as a
capital project consists of upgrading or expanding plant processes to increase
the treatment plant's current capacity. This project is needed to keep
current with the Town's projected population growth as well as to comply with
increasing federal and state drinking water regulations.
Council member Horne clarified the need for the expansion is a result of
EPA regulations.
Councilmember Zoldos stated much of the new building will be used for
housing chemicals.
Councilmember Hammier clarified this expansion takes into consideration
the projected population in the Leesburg service area to 2020.
e. Rescinding Resolution 2001-34 and establishing an underground
utility distribution area and underground utility distribution
corridors
Nagi Elsewaissi stated the new plan will encompass the entire H-l District.
Further agreements need to be established or revised with utility providers in
order to support the proposed amended resolution with the least cost burden
to the Town.
He stated a resolution is attached which will initiate this project to
designate the Underground Utility Distribution Area, designate Underground
Utility Distribution Corridors, provide cost estimates for the major street
improvements within the designated areas, and initiate or amend the utility
franchises.
Councilmember Burk commended Councilmember Horne for initiation of
this project.
Councilmember Horne stated this policy allows us to underground what
will be constructed in the Crescent District.
Town Council Meeting of March B. 2006
Page 3
Councilmember Zoldos verified new construction in the H-1 District and
the Overlay Corridors will be affected.
Tom Mason stated there is a Town Code section that requires underground
distribution and service connection facilities in the Town.
Town Attorney Beach stated rezonings could include proffers for
underground utilities.
Councilmember Zoldos stated Council should be careful not to give up
anything regarding franchises that we already have on the books.
Mr. Elsewassi advised Council that small projects for underground utilities
may not be related to a capital project.
Councilmember Zoldos stated the Town does bear some of the burden to
underground utilities.
Councilmember Hammier discussed whether the $50,000 study requires
Council action.
f. Authorizing a supplemental agreement to the July 1992
Implementation Agreement between the Toll Road Investors
Partnership II, L.P. (TRIP II) and the Town for the Dulles
Greenway Expansion and a reimbursement agreement for the cost
of a traffic signal at Evergreen Mill Road and Battlefield Parkway.
John Wells stated this supplemental agreement lays out the basic
responsibility of the Town to fund a traffic light at Battlefield Parkway and
Evergreen Mill Road. He stated the Greenway would be responsible for the
redesign of the Mason's Lane area where Battlefield Parkway would intersect
along with a traffic signal closer to the actual intersection of the Greenway as
well as construction of two lanes of Battlefield Parkway.
He stated Liz Whiting will be available at tomorrow night's meeting to
further discuss this item.
Councilmember Zoldos asked why the traffic signal was so expensive.
Mr. Wells stated the last two signals were $125,000 and $150,000.
However, $247,000 was the lowest bid received.
For consideration and discussion:
1. Edwards Landing bond issues
Dennis Nolan stated they had a productive meeting with the Town and Cable
Commission last week and are now back to some common ground on the issue of
Gatehouse.
He stated the expectations for the homeowners; Lennar and the Town are
different, as the homeowners did not understand there was more than one punch
list.
Town Council Meetinq of March 13. 2006
Page 4
Mr. Nolan outlined the following issues that need to be addressed: (1)
comprehensive review of landscaping in consult with the Town arborist, (2) erosion
on backside of the berm; and (3) contact Dominion Virginia Power to get all lights
installed on Battlefield Parkway.
Further, Mr. Nolan stated the project management has not been good on this
site and the Town should be more involved in pre-inspections.
Mayor Umstattd asked if anyone knows for certain whether there is eight feet
of dirt over the underground lines.
Tom Dean from Lennar stated he has talked with Dominion Virginia Power and
will meet at the site to resolve this issue with Dominion Virginia Power.
Tom Mason stated the dates Council adopted are the final deadlines at which
the developer will be in default.
Councilmember Burk asked that Dominion Virginia Power be at the next
Council work session and provide continued reports thereafter.
Councilmember Horne stated we need to evaluate what lessons we have
learned from this project.
Mr. Mason stated the Mayor has sent letters to DVP regarding this and
another development, but it does not seem to inspire them.
Councilmember Horne stated this is a developer/Town issue and everyone
involved is not stepping up to a level of professionalism.
Mr. Mason clarified there are three different deadlines: (1) Section 3,
Wood hedge Drive and Recreation Center - March 31; (2) Phase 2A and 2B - April
21; and Section 1, Phase 4 and Battlefield Parkway, Phase 2 - May 19.
He added the time frames are controlled by a third party (Dominion Virginia
Power). Further, it took over a year to get an estimate of work from them for
Section 2.
Mr. Nolan stated Mr. Mason related to him the Town is reluctant to claim
default in pieces. Although it is bonded separately, the expectation is that the bond
release or reduction would be one date.
Councilmember Horne asked for a report on lessons learned from this
development.
Councilmember Zoldos stated the need to resolve how deep the conduit is
buried. He asked staff to do what ever it takes to get things done, even if we have
to call our state representatives to contact DVP.
Mr. Wells stated he will work through Pam Gottfried at Dominion Virginia
Power.
Ms. Beach suggested we put the burden back on the developer. The Town
and citizens should not be held hostage by developer liability.
Town Council Meeting of March 13. 2006
Page 5
The Mayor stated the homeowners should be provided a better explanation of
the fine print. Since DVP doesn't care what we think, it is a good idea to get
legislators involved. Further, she suggested sending letters to other jurisdictions to
see if they are experiencing the same problem.
Ms. Beach stated she would send the questions to the local government
listserv .
Vice Mayor Martinez stated there is a problem with noise from open garage
doors at Costco and part of the fencing is torn down.
Tom Mason stated he would follow up.
Vice Mayor Martinez verified the Gatehouse/Lennar issue should be resolved
by the HOA. Further, he asked whether the pool house is zoned for the Gatehouse
office.
2. Leesburg's 250th Anniversary Celebration Task Force
Marantha Edwards recommended that Council authorize the creation of a
Citizens Task Force to work with staff on the planning and implementation of
Leesburg's 250th Anniversary. She suggested a celebration different than the 400th
Anniversary of the Founding of Jamestown in 2007.
Councilmember Burk questioned whether Council could submit names.
Council member Zoldos suggested limiting the committee to nine members.
Mayor Umstattd suggested the Native American element be included.
For information only:
Preview Items for March 27, 2006 work session
a. TLSE-2005-0007 Loudoun Country Day School to permit a time
extension for use of modular classroom buildings at 237
Fairview Street - Public Hearing
Brian Boucher stated if the sunset clause is removed from this special
exception, the use will become permanent. However, if Loudoun Country Day
School sells the property and another school locates at the site, they would
have to come back for another special exception.
Mayor Umstattd stated the language that got through the Planning
Commission has a loop hole that would permit Loudoun Country Day School
to continue to own the property but lease to another entity and the trailers
could remain. She asked staff to eliminate that loop hole.
b. Zoning Ordinance Amendment - Signs in the Historic District -
Public Hearing
Councilmember Burk stated she is looking forward to approval of this
amendment as the Board of Architectural Review is currently overwhelmed
with sign applications that can be approved administratively.
Town Council Meeting of March B. 2006
Paqe 6
New Business:
Barbara Beach introduced the new Deputy Town Attorney, Heather Biddulph,
stating she is a graduate of Boston University Law School. She has already started
working on a brief for Centex and went on a Virginia Power tour of the proposed
power lines. Ms. Biddulph lives in Arlington and will be relocating to Leesburg in the
summer.
Closed Session
On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the
following motion was proposed.
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the
Leesburg Town council convene in a closed meeting for discussion of a legal matter
involving Dominion Virginia Power.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Kramer and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Kramer absent)
Councilmember Horne verified the Dominion Virginia Power issue regards the
alignment strategy.
Council convened in closed session at 8:50 p.m.
Council reconvened at 9: 16 p.m. and on a motion by Mayor Umstattd,
seconded by Vice Mayor Martinez, the following motion was proposed:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only legal matters
lawfully exempted from open meeting requirements under the Virginia 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 in the
meeting.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Kramer absent)
On a motion by Councilmember Zoldos, seconded by Vice Mayor Martinez, the
meeting adjourned at 9:17 p.m.
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