Loading...
HomeMy Public PortalAbout2007_01_22 COUNCIL WORKSESSION MEETING January 22, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Staff Present: Town Manager John Wells, 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 Planning, Zoning and Development Susan Swift, Director of Capital Projects Management Nagi Elsewaissi, Director of Parks and Recreation Kaj Dentler, Director of Economic Development Betsy Fields, Traffic Engineer Calvin Grow, Director of Finance Norm Butts, Director of Utilities Randy Shoemaker, Airport Director Tim Deike, Planner Chris Murphy, Comprehensive Planner Scott Parker, Planner Wade Burkholder, Capital Projects Engineer Tom Brandon, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS Council Meeting of January 23, 2007 a. Emergency Shelters - Public Hearing Bob Chirles, Loudoun County Department of Family Services, addressed Council with a background report regarding the situation and stated that in September they were advised that the warming site at Good Shepherd Alliance would no longer be available. He stated Continuum of Care came up with a plan to provide emergency housing at Elijah Gate Church with transportation provided by Virginia Transit. He stated the zoning at the Church did not permit such a use. Consequently citizens in need can be picked up and transported to Glayden School in Lucketts. Those in need would be picked up at 9 p.m. and returned to Leesburg at 7:00 a.m. Further, he suggested that since care is currently in place, that Council can take their time to work with the County to develop something for next year. Council Member Burk verified there is no need to vote tonight since Lucketts site will be available until the Town has a plan. Vice Mayor Horne stated she would be happy to work with all interested parties to develop a plan. Council Member Martinez verified the Lucketts site can hold 18-20 people. Further, he stated we should allow churches to help the needy, serve the community, and provide services at no cost to the Town. Mr. Chirles added the host agency (Salvation Army) should understand what is required to provide this service. Vice Mayor Horne stated the non-profit will be paid as a vendor to provide Town Council Work Session of January 22. 2007 Paoe 2 services and Elijah Gate offered the site. Council Member Hammier stated she appreciates the feedback with reference to the ordinance, specifically the 1,000 ft. restriction, means of transportation, and smoking on the premises. Mr. Chirles stated the issues are often dictated by the type of community. Council Member Hammier stated if Council were to allow churches to be used; a provision in the resolution should recommend endorsement by the Loudoun County Department of Facilities Services and shall abide by the rules and regulations of the Loudoun County Continuum of Care. Mr. Chirles stated if the County is involved, the standards they set in place would be part of the contract. He added if a site is operated in Leesburg that he could provide a document with their recommended standards of operation. Council Member Hammier verified that most of the clientele is coming from Leesburg. Further, she asked if any churches are being used in the remainder of the County and how their needs are monitored. Council Member Martinez stated Loudoun County Social Services has the responsibility to provide this care and Council is providing an ordinance that will allow this use in Town. Council Member Wright stated the ordinance before Council is to allow churches, high and middle schools and public buildings to serve a social service function to open their doors during extreme temperatures to provide shelter. Those providing these services would have to agree to a contractual relationship with the County. Further, he verified the transportation provides only one daily trip from Leesburg to Lucketts. Council Member Reid stated he visited the Lucketts Shelter which is in close proximity of residential uses and was impressed with how they operate. He suggested a possible 12-hour restriction. Mayor Umstattd stated her concern that citizens feel safe and possibly the need for a full time shelter. She addressed the need for citizen involvement to help alleviate their concerns, stating the Lucketts site is properly zoned. Wade Burkholder stated all three versions of the proposed ordinances have been sent to churches and posted on the web. In addition, the language on smoking has been removed. Also, sections (n) or (m) states the vendor will abide by the rules and regulations of the Loudoun Continuum of Care. Council further discussed how they wanted to proceed regarding this issue. They decided they wanted to hear from the faith-based community, Town Council Work Session of January 22. 2007 Page 3 and discuss the distance restriction, smoking, and the temperature target and how citizens will be included in the process. It was decided to delay a vote on this issue until all affected parties have had input. b. Elderly and Disabled Tax Exemption - Public Hearing Norm Butts stated an amendment is recommended to the Town Code to increase the tax exemption given to the elderly and disabled by increasing the maximum net worth from $340,000 to $440,000. That change would bring the Town back into line with recent changes enacted by the Loudoun County Board of Supervisors. Vice Mayor Horne verified this would not require additional staff. c. ASE/ Airport Commerce Park Proffer and Concept Plan Amendment - Public Hearing Chris Murphy stated this application affects the 29.82 acre Airport Commerce Park located on the south side of Tolbert Lane at Sycolin Road. The Airport Commerce Park Concept Plan was originally approved as ZM-80 in June 1988. This plan amendment will permit the elimination of proffered traffic improvements on Tolbert Lane at Miller Drive. He added staff is recommending denial for the failure of the application to construct the westbound left turn lane on Tolbert Lane onto Miller Drive. Council Member Wright stated the Planning Commission recommended approval. Bob Sevila, attorney for the applicant, stated the Level of Service is "C". d. Approving an amendment to the FY 2007 General Fund budget and making appropriations for $74,042 awarded through a Department of Justice 2006 technology grant and $26,280 that the department received as a result of a settlement for defective equipment Chief Price stated the department has received a Technology Grant from the U.S. Department of Justice in the amount of $74,042 and has received a settlement from Toyobo LLD in the of $26,280 as a result of a class action settlement concerning defective police body armor. He added the police headquarters is approaching the need to replace its telephone PBX system and the newest technology is Voice Over Internet Protocol (VOIP) system. His intention is to let the Department serve as an effective test bed prior to Town-wide implementation of a VOIP system. Vice Mayor Horne asked if we have adequate internet capacity to have a VOIP system. Town Council Work Session of January 22. 2007 Page 4 John Wells stated the Town-wide VOIP is included in the CIP for the following year FY 2009 and we do have the internet capacity. Doug Bolls, ACC Consultants, stated the system would be private IP based using internet protocol. Vice Mayor Horne asked if we have capability for redundancy built in and how would we continue to communicate with peer colleague organizations around the metro area. Joe Price stated we have a number of redundant systems from radio to voice to data. Mr. Bolls further explained how the network will work and other applications. Council Member Wright stated his experience is this is a good program. e. Approving amendments to the FY 2007 General Fund Budget, and making appropriations for $34,631 awarded through a Department of Homeland Security Program Grant Chief Price stated the department has received funding in the amount of $34,631 from FY 2005 State Homeland Security Program (SHSP) Grant. This grant was made to Loudoun County (and its towns) as part of the FY 2005 Homeland Security funding. The purpose of this grant is to obtain DHS approved critical equipment needed to improve readiness. He added the funds have only been released by the County and need to be encumbered by January 31, 2007. There are no matching funds required for this grant which will be used to purchase a passenger Van (prime mover category), additional personal protective equipment (PPE) and response and surveillance equipment. f. Making an appointment to the Economic Development Commission Council Member Reid stated he will be recommending appointment of Jim Huber to the Economic Development Commission. He stated he will be sorry to loose Alex Mai and requested a Certificate of Appreciation. g. Initiation of Town Plan Amendment for property adjacent to Leesburg Airport Scott Parker presented a recommendation to Council to authorize the Planning Commission to consider appropriate amendments to the Town Plan relative to the Airport Service Plan. He stated in 2003, the Town began the process to update its service plan as required by the Federal Aviation Administration. The draft "2006 Airport Master Plan Update: Final Report" dated December 2006 establishes an orderly development of the airport, including an area for future aircraft Town Council Work Session of January 22. 2007 Paoe 5 storage/maintenance hangars to the west of the runway and other expansions of airport-related facilities. He added in order to accommodate future development of the airport as proposed in the Airport Service Plan, the text and land use policy maps of the Town Plan need to be reviewed. Further, the resolution would direct the Planning Commission to begin that review and propose appropriate Town Plan amendments. There were no Council comments. For consideration and discussion: 1. Battlefield Parkway Review of Options and Funding Update John Wells stated there is a way to have an RFP issued a week from today; that would allow Virginia Department of Transportation (VDOT) under the design/build program. Some additional funding is available to the Town based on the nature of how this project would move forward as well as some other changes in financing for existing Town projects. He added VDOT is willing to release the RFP under a series of conditions, one of which would be a resolution stating the Town will back up some of the funding proposals that we will commit to. Mr. Elsewaissi thanked Dick Burk and Susan Shaw from VDOT for their assistance in this funding proposal. He stated this proposal would result in an opening date of 2009. Mr. Wells suggested that staff show Council how they have closed the $14 million funding gap. Mr. Elsewaissi stated proposed major projects are being taken care of, such as the S. King Street Trail and the Virts Corner intersection. John Wells stated of the $14 million needed, $5 million would come from VDOT and the other $8.4 million would be from other shifting projects. However, we need to continue the fundraising efforts. Vice Mayor Horne asked if it would take away from other significant projects. Mr. Wells stated it will take funds from the S. King Street Widening projects as well as other urban funds. He stated his hope is that we will continue to raise funds so that other projects will be back on track. Council Member Martinez verified the recommended option is #lA. John Wells stated the key issue is to get it built as quickly as possible; and VDOT already has pre-qualified bidders. Council Member Hammier congratulated staff for putting together the funding option but questioned whether the $5 million funding opportunity is risky. Town Council Work Session of January 22. 2007 Paoe 6 Mr. Elsewaissi stated there is a high level of comfort that Battlefield Parkway is a good candidate for the funds. Susan Shaw stated the panel will meet when the application comes in. Mr. Wells stated VDOT has offered to help the Town work on the application so we are confident we will get the grant. Council Member Wright complimented Town staff and VDOT on the resolution of this funding option. Council Member Reid stated his appreciation of a quick resolution and release of the RFP. He stated his calculation is approximately $18 million in Town funds if you include the RSTP funds. He asked Ms. Shaw if advertising this project at $43 million will affect the bidding. Further, he asked if any surplus funds would go into capital projects. Mr. Wells stated a large part of the surplus will go into the fiscal reserve that we don't touch and the amount of discretionary funds is much smaller. Ms. Shaw stated when the RFP issued (on Friday) it will have a cost of what we think it will be, there are several other unknowns on the project such as right-of-way acquisition. The bids are scheduled for the end of April or beginning of May. Mayor Umstattd stated the $5 million would go to debt service on the bonds. 2. Crosstrail Follow-up Scott Parker discussed a draft letter prepared by staff to respond to the issues raised at a meeting with Peterson Companies on January 3, 2007. In addition, he has spoken with Mr. Boykin of the Airport Commission and Tim Deike regarding requests made by the Airport. He stated the response letter from Peterson Companies did not address the request of the Airport Commission to name streets within the project with aviation names. He stated the FAA recommended additional 70 acres for the airport will not be honored because the residential units are outside the 65dba level. He added the 40 acres we have been asking for which is included in the Airport Master Plan has already been compromised. Lastly, the letter from the Peterson Company as well as the claims they made today at the Land Use Committee of the Loudoun County Board of Supervisors says there are currently 17 acres designed for airport runways, however, there are 28 acres and plans for another 28 acres. Mayor Umstattd asked if we want to include elimination of the age restricted housing component? Town Council Work Session of January 22. 2007 Page 7 Ms. Beach stated legally she would not advise including that in the letter since it is very discriminatory. Mr. Parker stated in Draft Three of the letter the discrepancies between the proffer amounts have been removed; the statement regarding the applicant physically building proffered roads stayed; some rather strong language about their not compromising remains; the statement regarding removing the encumbrances of the airport has been added. He noted a discrepancy in the proffer statement from Peterson Company regarding development; "the development, landscaping and design will be acreage they are providing for the airport has to approved by the owner (Peterson Company)"; he stated the FAA will not purchase that kind of land with the encumbrance. He added Draft Three removed the encumbrance from the land. Also, it is worthy to note the Peterson Company is stating to the Land Use Committee that as a result of their meeting with the Town, they are reducing the units to 1,000, which is not an accurate statement. He stated the only thing that came out of the meeting with the Town was removal of the barricades that block Sycolin Road, the additional acreage for the airport, minor tweaking of the proffers to direct funds to the transportation fund for construction of roads. Mayor Umstattd asked for clarification on proffered transportation for roads and stated isn't the amended proffer still enabling the Board of Supervisors, not the Town, to determine exactly where the roads should go. She added there was a huge loop hole in the way the proffer was drafted. Barbara Beach stated legally the County can defer to the Town for a decision on a proffer. She stated the better way is to ask the applicant to redraft the proffer to read as the Town would like. Scott Parker suggested we also direct them to build the roads. Council Member Wright suggested that on Bullet Point No.3 of the minimum requirements where it says "off-site transportation fund will be dedicated to the completion" reword "Off-site transportation will have them build the following ....." Council Member Martinez stated the Town talked about wanting to be the primary water and sewer provider but our policy is we don't do that without a Boundary Line Adjustment. Mr. Wells stated Council has followed that policy for many years and we have recently worked options to do something rather than that on other projects. He added one of the updates from today's meeting is LCSA at the request of the Peterson Company explained how a joint utility system could work. He stated he has asked Mr. Thoesen to come to attend our next Council meeting with a similar presentation. The question from a policy perspective is do we want to provide services to that area and under what conditions. Town Council Work Session of January 22. 2007 Page 8 He added the Land Use Committee did in fact defer further discussion on the item until their next meeting on February 26 and instructed the applicant that new proffers should be provided before the next meeting. They were told that more traffic mitigation is needed. Council Member Reid stated he asked Mike Banzaph and Jeff Saxe why there was no mention about the either/or allowing the money to be used for Sycolin Road or Battlefield Parkway. The response was we want to hear what the Board says. He added they are adamantly opposed to do anything about the intersection of Hawling Farm Boulevard and Battlefield Parkway, however, still needs to have access to Greenway north. Mr. Wells stated committee members have asked that proffer language be cleaned up and the issue of phasing is significant. Mr. Parker stated we have consistently stated the applicant's phasing plan is unrealistic as it pertains to number of units amounts of residential and commercial. Council instructed Mr. Parker to do Draft Four leaving out the points made by the Airport Commission and put in a paragraph about the lack of appropriate phasing in the proffers relating to the construction of transportation improvements relative to the build out of residential units and or office/commercial. 3. Donation Box Update Nicole Ard stated the Town can only regulate any impact relative to traffic. Boxes that are placed on private property are subject to provisions made by the property owner. She added staff is working to find out more information about who has placed the boxes. 4. Holiday Parking Review Betsy Fields stated the general conclusion on holiday parking was that it was a moderate success and would recommend doing again. One thing that the downtown business owners stated was that they were able to incorporate the free parking into their marketing plan. She stated Council Member Wright asked if we had data on how many people parked at meters for more than two hours. She stated the data showed 70-87 offenders during the first three weeks. During the third week the parking attendant placed notices on these cars and the "abuse" dropped. Council Member Burk noted there was never any pOint when the garage was full. John Wells noted on two different occasions the garage was full and the lower level was under utilized. He added the message the Town wants to get out is there is parking in downtown Leesburg. Town Council Work Session of January 22. 2007 Page 9 Vice Mayor Horne stated when the garage occupancy reaches 70% we should think about a new garage. Ms. Fields stated the consult reported 85% occupancy is the critical point. Council Member Martinez stated he would like to continue the program next year. Council Member Hammier stated the Economic Development Commission should have been involved in the debriefing. Council Member Wright suggested that we find a way to manage the offenders. Council Member Reid stated the system was abused and caused a loss of revenue; therefore, he would not to repeat the program again next year. Mayor Umstattd stated the garage was easy to get into but she had difficulty finding a parking space. S. Legislative Update Nicole Ard provided a summary of different priority issues. She stated Susan Swift will be speaking to the Senate Committee on Local Government regarding the Charter amendment relating to technical code regulations. Staff has spoken with Senator Herring regarding opposition to the Charter Bill from a technical group. Barbara Beach stated she did let Senator Herring know the Town could not sacrifice the moderate/low income housing fund issue because of the KSI proffer money. Ms. Ard discussed the forwarding of issues on membership in the NVTA and dedicated funds to roads. She further discussed other proposed legislation. Council Member Hammier asked if we have a draft agenda with meeting times for VML Day. Ms. Ard stated there is but you will have to confirm the time with the Secretary of Transportation. Council Member Reid stated Senator Herring did not discuss his bill regarding water rates with the Town. He added the proposed bill takes local sovereignty. In terms of the priorities, he stated NVTA voting rights is of special interest to him. 6. Water Rate Options/Impact John Wells introduced David Heider who will discuss options for rates for out-of- Town customers. He stated several spread pages will be explained. Town Council Work Session of January 22. 2007 Paoe 10 Town Attorney Beach stated the information presented will be factual and strategy will be discussed in closed session. John Wells stated two important parts of the spreadsheet are the original consumption and customer growth rates. Line two the original set of consumptions that were part of the rate study analysis and Line three is the revised our best estimates based on current trends if were to go back and redo the analysis today. He outlined how the Town has arrived at its current rates. He stated a series of increases were identified by Council for the five-year program when we did the study and identified a significant deficit and looked to spread increases out over five-years. Years 2009 and 2010 showed a 3% increases and building in inflationary rates into the later years. Council Member Wright verified the revised consumption for growth years did not considered growth in the service area? He stated lower growth scenarios will have an impact on the numbers and suggested that a more extended period of time that we may look at a change in a surcharge level. We would like to commit to an analysis every two years and adjusting the rates accordingly as opposed to reacting to changes in the economy conditions. One idea is a drop the surcharge to 50% of the 100% surcharge with a 10% drop in the surcharge every two year. Also shown are the percent increases per category for water and sewer. No changes would be proposed in 2007 beyond what is already programmed. If we are going to look at dropping the surcharge from 100% to 90% and take into account some of the slower economic activity, you will see our first steps 14% increases in-town and 9% out-of-town on water and on sewer side it would be 15% in-town and 9% out-of-town. We do have the ability to spread some of that increase out over a multi-year period. 2007 is seeing a drop off in activity and that is why the overall projection is down. He stated based on what we are seeing there will not be an increase in 2007. Further, based on the bonds we sold we have to reach certain revenue targets and the coverage amount based on our revenues over expenses. Mayor Umstattd asked the cumulative impact on in-town users over 5 and 10 years? Mr. Wells stated he will provide calculations at a later date. Council Member Hammier suggested programming in inflation rates. David Heider made numerous comments but was not at a microphone. Council Member Martinez asked if there is a consistent difference paid by the in- and out-of- Town residents. Town Council Work Session of January 22. 2007 Page 11 Mr. Wells stated since the original increase, the percentage of increase for in-Town and out-of-Town are the same, but you are building those percentages on different numbers. He stated if Council's goal is to go to a different scenario we can go to a zero percent surcharge. Mr. Wells stated the second option of a 75% surcharge for 10 years. Mayor Umstattd indicated that if we go with the lower growth 50% surcharge over ten years by 2013/2014 we are looking for a 45% increase for Town users. Vice Mayor Horne stated if we use 50% or 75% surcharge it will result in a hefty rate increase for in-Town and out-of- Town users in FY 2008. Mr. Wells stated we can try to smooth that out. John Wells stated one of the conclusions after the original rate study was that the deficit would have caused an increase of over 40%. We decided to spread the increases over five years. He reminded Council the Town is on the low end of growth. He stated the need to hit a 2% growth increase to generate the revenue needed in the Utility Fund. Council Member Hammier asked where we are in the regard to our processes and the oversight of the levels of operation costs and if they are at the right level to provide a top level of service. She asked if we have a third party doing financial auditing. Mr. Wells stated we are looking at different organizations relative to accreditation. He added the state auditor shows by function where the Town is regarding levels of service. Further, he stated we are working efficiently to meet goals. She stated Council should ensure citizens that if we are raising rates or changing policy, we should have had to look at all opportunities for efficient operation from a cost reduction respective. Council Member Hammier discussed policies regarding near term decisions that will be made by the Board of Supervisors regarding Crosstrail and the long term impact on revenues and costs associated. Mr. Wells stated $1.5 Million is net revenue projected with build out of Crosstrail. He added it would be a minimum of three years before you see any impact from Crosstrail. Council Member Hammier stated we need to look at any long term impact of any policy shift as it is related to the Loudoun County Board of Supervisors and its decision on Crosstrail. With all things remaining constant, the impact of commercial vs. residential, is it fair to say that one penny, or $500,000, could lower the in-Town tax rate by about one percent, Town Council Work Session of January 22. 2007 Paoe 12 She stated what that would mean in savings for a resident with a $500,000 home. Mr. Wells state a $150 quarterly on a $500,000 home. Vice Mayor Horne stated the Town still has a critical section of Battlefield Parkway connecting Rt. 15 to Rt. 631 that is not on the ground yet. She added we may have to fund that section of Battlefield Parkway. Council Member Hammier stated the need to focus on influencing the level of proffers and to have it state they will be specifically used for in-Town road improvements. Also, we need to look at the impact of any surcharge change in short time for our in-town residents. Council Member Hammier asked for more information and discussion offline. Mr. Wells reminded Council that any policy change would require a public hearing. Council Member Wright stated with the original rates with the 100% surcharge between 2008 and 2011; in-Town and out-of-Town customers both would increasing by about 16% on water and 22% on sewer. At 2011 the in- Town would increase by 27% for water and 16% for out of-Town for water and sewer would be a 33% increase in-Town and out-of- Town increase 21 % increase. There is still an increase for everybody. He added any of these scenarios would have an increase based on inflation. He suggested a review of fees every two years. He added ideally we could have a balanced scenario with a 50% surcharge in five years versus 10 years. Council Member Reid stated the rate for in-Town residents would go up approximately 45%. He stated he would like to see numbers on whether some of the rates can be accommodated thru staff cutbacks and other efficiencies and if we sold water to the County and in a broader sense if we annex what would be the difference in water and sewer rates. Council Member Burk asked if the out-of-Town customers were annexed, what would the increase of their tax rate as opposed to their current water and sewer rates. Mr. Wells stated staff would research that information Mayor Umstattd stated the 50% surcharge that was in place at the last set of annexation talks, the citizens of River Creek would have been much worse off being annexed into the Town as their increased tax bills would exceed their reduced water rates. 7. O'Connor Property Update John Wells stated we have no new information at this time. He added the question is whether funds should be relocated from the land purchases. He stated Council may want to transfer some of the funding to the pool leaving $1 million to land acquisition. Town Council Work Session of January 22. 2007 Paoe 13 Council Member Wright stated the Parks and Recreation Commission endorsed unanimously to transfer $3 million from the land budget to the pool. It was the consensus of Council to transfer the funding. Council Member Wright requested the resolution be moved to the consent agenda for tomorrow night. For information only: The Town Council work session of February 12, 2007: There was no discussion on the items listed below: a. 2006 Comprehensive Annual Financial Report (CAFR Briefing) b. Strategic Plan Project Quarterly Update c. Awarding the design contract for Battlefield Parkway from Evergreen Mill Road to Rt. 15 d. Oaklawn Sycolin Road Agreement e. Council Rules Order Potential Closed Session on: The closed sessions were postponed until the Council meeting on Tuesday, January 23. 1. 2. Water Rate Litigation Potential Litigation - Availability fees On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting adjourned at 11:56 p.m. 2007 _tcwsmin0122