HomeMy Public PortalAbout2007_07_23
Council Work Session
July 23, 2007
Council Chambers, 25 West Market Street, 7:50 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd
Councilmembers Absent: None
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief
of Police Joe Price, Director of Planning Zoning and Development Susan Swift,
Director of Engineering and Public Works Tom Mason, Director of Capital Projects
Management Nagi Elsewaissi, Deputy Director of Utilities Aref Etemadi, Water
Pollution Contro Plant Manager Steve Cawthron, Chief of Comprehensive Planning
David Fuller, Chief of Engineering Bill Ackman, Tourism and Marketing Manager
Marantha Edwards, Downtown Coordinator Lisa Capraro, Senior Engineer Asghar
Pariroo, Senior Planner Scott Parker, Senior Planner Jason Beske, Management
Specialist Tami Watkins and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
6:30 p.m. Briefing - Urban Land Institute - Ed MeMann
Mr. Ed MeMann, Urban Land Institute, discussed the possibilities for
revitalizing an aging commercial strip and make it a place. He outlined the keys to
sustainability including green buildings, mixed uses, walkability and planning for the
future. Further, he provided several examples of how good design standards and
form based codes can work to the advantage of a community.
1. Questions on Tuesday Agenda Items
Council Meeting of July 24, 2007
There was no discussion of these items.
2. Work Session Items for Discussion
a~ Crosstrail Update
John Wells stated staff has drafted a letter to the Board of Supervisors
acknowledging the Crosstrail vote.
There was no Council discussion of this item.
b. Awarding the design and engineering services contract for the
Lower Sycolin Sewer Conveyance System to Dewberry & Davis,
LLC
Mr. Wells stated this item was put on hold over a year ago pending the
County's designation of the Town as the utilities provider in this area.
Council Member Reid stated during the Crosstrail discussions two
Supervisors stated we as a Town had not definitively decided to provide water
and sewer; however, in 2005 Council passed aresolution approving the
extension of water and sewer.
Town Council Work Session of July 23. 2007
Page 2
Mr. Wells stated all of our planning documents identify the Lower
Sycolin Sewer Shed as an area where we wish to provide utilities and Council
took a specific vote to provide utilities to Bolen Park as a park within the last
few years. He stated the reason this item was originally pulled from the
agenda was because it would not make financial sense to build this system if
we were not going to be allowed to serve the Crosstrail property.
Council Member Reid suggested mentioning in the proposed letter that
we are pleased to provide utilities to the Bolen Park property.
Council Member Wright stated if we are to mention utilities we should
thank them for confirming the Town as the provider of water and sewer to
this area and inform them that we have taken action to commence with
design of the system.
c. AADP Update
Council Member Wright stated there was a briefing at the last meeting
regarding the steps toward annexation and the requirements. He stated staff
is working to provide a timetabie for annexation and information regarding
the associated costs for the next Committee meeting. Further, he stated
when the Iines were drawn for the map it was discovered that it runs through
the Luck Stone property so there is continued discussion about whether the
line should be moved to include the entire property.
Council Member Martinez asked the anticipation of the Luck Stone
property.
Council Member Wright stated the County feit we could get business
taxes from the property and there is the possibility of the use flipping in the
future as they have a 20-year permit.
Council Member Burk asked what happened af ter the discussion with
the out-of- Town water rate Iitigants.
Council Member Wright stated it was alistening session for us to hear
and understand their concerns. He stated all of the impacted HOAs attended
the meeting and it was helpful to hear the day-to-day concerns. Further, he
stated no one advocated for elimination of the surcharge, they simply feel the
current surcharge is excessive.
Vice Mayor Horne asked if the Committee is coming back with any
specific requests of Council.
Council Member Wright stated after the Committee has the
opportunity to review the timeline we will come back in September to endorse
the next steps.
d. County Government Water Rate
Mr. Wells stated some members of the Loudoun County Board of
Supervisors indicated County facilities located outside the Town were bei ng
charged the out-of-Town surcharge. He stated staff has drafted a motion for
Council's consideration to have the Utility Rate Advisory Committee review
the issue and provide a recommendation.
Town Council Work Session of Julv 23. 2007
Page 3
Council Member Burk questioned if a referral to the Committee would
meet the Board's request or if they will feel that this is taking too long.
Vice Mayor Horne expressed concern that the Board will feel we are
trying to delay action. She verified the County waives tipping what kind of
tipping fees for the Town resuiting in a savings of approximately $150,000
per year.
Mr. Wells stated they also waive tipping fees for the other
incorporated Towns, the Virginia Department of Transportation (VDOT) and
non-profit organizations.
Mayor Umstattd stated if we are to do a full study of this issue we
should also look at the fees we waive for any County projects in Leesburg.
Council Member Hammier stated the issue of water rates is short-term
as we are considering plans to bring this property into the Town.
Mr. Wells stated as the AADP Committee begins to look at the outline
of how they will approach annexation we will begin looking at conditions
which is where this discussion may fit in.
Council Member Hammier suggested the motion for tomorrow night
mention the AADP Committee is working and we will eventually get to a no
surcharge situation because the property will be brought into the Town.
Council Member Wright expressed concern that the County may be
looking for a more immediate answer. He asked if a separate rate could be
created for out-of- Town government customers.
Ms. Beach stated the State Code dictates the type of rate classes we
are allowed to establish for utilities and she needs time to research the issue.
Council Member Reid asked if it would be possible to have the Utility
Rate Advisory Committee look at a government and non-profit rate.
Council Member Martinez stated we should always look at ways to help
non-profit agencies; however, this is a government versus government issue
and the non-profit rates could be discussed later on.
Council Member Wright stated the Utility Fund is an enterprise fund
and we have a fiduciary responsibility to protect it.
Mayor Umstattd stated homeowner's associations are non-profits and
would need to be considered in discussion of a separate rate. Further, she
discussed the private streets in River Creek and wondered if they have been
so opposed to annexation because they feel there is Iittle benefit.
Council Member Wright stated the residents of River Creek are
concerned the annexation scenario would not be revenue neutral. Further, he
stated the situation may change if we receive city status.
Town Council Work Session of Julv 23. 2007
Paqe 4
Council Member Martinez verified if brought in to the Town, River
Creek could continue to operate as a c10sed community and asked if they
would pay the same in taxes.
Ms. Beach stated there are certain provisions of the State Code that
allow you to have credits and others that require a flat rate.
Mayor Umstattd stated even if it were legal to give one community a
tax break she would not support it.
e. Approving Virginia Power Right-Of-Way Agreement for Utility
Lines Maintenance Building project and authorizing the Town
Manager to execute this agreement
Ms. Beach stated this is not a typical agreement as Virginia Dominion
Power worked with us on several changes to the right-of-way agreement to
accommodate the Town's needs. She stated it a standard agreement in the
sense that it is something Council would normally authorize the Town
Manager to sign.
f. Establishing a policy for the use and Iicensing for the Leesburg
star logo
Mr. Wells stated the remaining questions from the last discussion are
do we wish to license the star logo and if so do we wish to charge a fee. He
stated there was a question as to whether or not the logo is already in the
public domain and staff feels this is still a licensable logo.
Council Member Burk stated she has spoken with some of the
businesses and found that they would rather pay a flat fee for use of the logo.
Vice Mayor Horne stated she would support the flat fee. She
expressed concern with the Iiability insurance requirement for licensees.
Ms. Beach stated if a product causes harm to someone we do not want
to be sued because our logo is on the product.
Vice Mayor Horne stated most businesses carry liability insurance;
however, it seems onerous to require that as part of a Iicensing agreement.
Mayor Umstattd suggested adding an indemnification clause to the
Iicensing agreement.
Ms. Beach stated she did not require anything in this agreement that is
not required by other jurisdiction; however, this is a business decision of the
Town Council. Further, she stated we could ask to be listed as additional
insured on their policy which would not incur an additional cost.
Council Member Wright stated he does not agree with licensing the
logo as he feels we will spend more time and effort from internal resources
than we will get out of it. Further, he stated if we are going to move forward
with the flat fee we should create a tiered structure as there will be varying
user volumes.
Town Council Work Session of Julv 23. 2007
Paqe 5
Council Member Reid stated this will not bring a return and he plans to
vote against it.
Mr. Wells stated it seems a flat rate with one or two tiers would be
appropriate. Further, he stated staff will advertise for the public hearing.
g. Leesburg's First Friday Update
Marantha Edwards stated staff met with representatives from the
Loudoun Arts Council, Downtown Business Association, and Crossroads. She
stated a consensus was reached to work on a business plan cooperatively to
continue the program as it is today while working on a separate plan to
improve the program and apply for grant funding.
Vice Mayor Horne stated this is a great event that has generated great
enthusiasm over the years. She stated the event could use a shot of energy
and we do need to create a sustainable support system for this program.
Council Member Hammier asked if there is still a request for funding
from the Town.
Ms. Edwards stated the funding request would be addressed once the
business plan is complete.
Council Member Wright stated it is important that the energy comes
from the downtown and that the business owners move forward with this with
the Town in a support role.
Council Member Reid stated these economic development proposals
should be vetted by the Economic Development Commission before coming to
Council. He expressed concern that this will consume staff time.
Vice Mayor Horne stated the First Friday program was an initiative of
the Loudoun Arts Council and it was only at our request that the Economic
Development staff were engaged to bring these parties together.
h. Leesburg Voting Precincts/Polling Places
Ms. Beach stated we need to schedule a public hearing and once
passed the documentation will be sent to the Justice Department for a sixty
day review. She stated the County's decision will allow the polling places to
be changed for the November election and our changes will be in effect for
the Town elections in May.
Council Member Reid asked if the Woodlea Manor subdivision is being
divided into two districts.
Vice Mayor Horne stated she questioned that decision two weeks ago
and was told that the districts are drawn with geographic boundaries rather
than streets.
Council Member Reid stated the Council should consult with
incorporated Towns before approving these changes.
Town Council Work Session of Julv 23. 2007
Page 6
i. Authorizing staff to continue with the mosquito control plan at
Town owned facilities in response to West Nile Virus on an annual
basis
Aref Etemadi stated a new purehase order had to be issued at the
beginning of Fiscal Year 2008 for continuation of this program.
Vice Mayor Horne verified the co st would be under $100,000.
Council Member Wright verified this was included in the budget.
Council Member Reid stated the staff report indicates Loudoun County
spends $300,000 just for the eastern part of the County and asked why the
cost is so high for the Town.
Mr. Etemadi stated we have a number of facilities to spray in addition
to the storm drains. He stated VDOT handles the spraying for the County's
storm drains.
Mayor Umstattd stated we continue as a rider on the Fairfax County
contract and asked if we have an estimate on the savings.
Mr. Etemadi stated we have not solicited a separate bid.
Mr. Wells stated the rider on the Fairfax County contract allows us to
receive a volume discount.
3. For information only:
Preview Topics for August 13, 2007:
There was no Council discussion of the following items:
a. Overcrowding Code Amendment
b. Awarding the South Apron Construction Contract
c. Awarding the Airport Construction Management Continuing
Services Contract
d. Potomac Crossing Park
e. Deed of Easement for Virginia Power and Washington Gas for
Ida Lee Tennis Center
f. Loudoun Street Project Update
g. Fiscal Model Presentation
h. Liberty Street Lot Development
New Business
a. Items for consideration at the August 13 Work Session
Council Member Reid mentioned several items for discussion at the next
Worksession including requesting that VDOT add "Leesburg" to the sign for
exit 45A off the Beltway, requesting an update from VDOT on the status of
paving Sycolin Road and examining all of the approaches to Leesburg for
safety, a staff report on whether the Council can teil the Police Department
not to enforce the abusive drive fees as Front Royal has done.
Town Council Work Session of July 23. 2007
Page 7
b. Appointments to the Utility Rate Advisory Committee
Council Member Hammier stated she will be nominating Kathleen
Whitmore Castro for appointment to the Committee tomorrow night.
Council Member Burk stated she will also be nominating Joel Eacker for
appointment to the Committee.
Council Member Wright stated he will be nominating Gigi Robinson.
Vice Mayor Horne state she will be nominating Richard Lanham.
Mayor Umstattd stated she will be nominating John Drury.
c. Stream Day
Council Member Burk stated the Environmental Advisory Commission has
requested that Council pass a proclamation for Stream Day in September.
Adjournment
On a motion by Council Member Wright, seconded by Council Member
Martinez, the meeting adjourned at 9:03 p.m.
2007 _tcwsmin0723