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HomeMy Public PortalAbout2007_11_26 Council Work Session November 13, 2007 Council Chambers, 25 West Market Street, 7:50 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Susan Horne, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Councilmembers Absent: Council Member Hammier Staff Present: Town Manager John Wells, Deputy Town Attorney Jeanette Irby, Assistant to the Town Manager Kathy Leidich, Director of Finance Norm Butts, Director of Economic Development Betsy Fields, Director of Planning Zoning and Development Susan Swift, Director of Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj Dentler, Airport Director Tim Deike, Director of Capital Projects Management Nagi Elsewaissi, Police Captain Clagett Moxley, Assistant Director for Recreation Rich Williams, Chief of Engineering Bill Ackman, Tourism & Marketing Manager Marantha Edwards, Senior Management Analyst Annie Carlson, and Deputy Clerk of Council Debi Parry AGENDA ITEMS Global Walk - Danny Garcia Mr. Danny Garcia discussed the Global Walk foundation and his upcoming walk in January where he will walk from the United Nations Building in New York City to JFK Airport and then walk through 26 different countries from Dubai to Beijing. He stated once he returns to the United States he will walk to the United Nations Building in New York City to complete the circle. Further, he thanked Council and the citizens of Leesburg for their continued support of his efforts to raise awareness of global issues. Council thanked Mr. Garcia for his efforts and provided their best wishes for his journey. 1. Questions on Tuesday Agenda Items Council Meeting of October 9, 2007 a. Interim financing for indoor tennis and outdoor swimming facilities - public hearing John Wells stated this public hearing provides for the issuance of up to $6 million in general obligation bonds and notes as part of the interim financing plan. Further, he stated the revenue from the tennis and swimming facilities will be put back into the project and long-term bonds will be issued. Council Member Reid asked the true total cost of the pool. Nagi Elsewaissi stated the estimate is $7 million. b. Making an appointment to the Standing Residential Traffic committee Mayor Umstattd stated we have received three letters of interest. Vice Mayor Horne expressed her appreciation for the citizens who have Town Council Work Session of November 13. 2007 Page 2 put their names forward. She stated it is her hope that the two who are not selected could be placed on other Commissions in the future. Council Member Wright stated Council has not had to deal with the dynamic of considering an individual for appointment to a committee after announcing their intention to run for a Council seat. Further, he stated Mr. Frank Holtz is very qualified for the position. Council Member Reid asked if the vote should be deferred given two Council Members will be absent tomorrow night. Further, he stated political plans are not relevant to the issue. Mayor Umstattd stated all three applicants are highly qualified. c. Authorizing staff to implement holiday parking promotions in the Historic District Vice Mayor Horne expressed support for this program. Council Member Martinez suggested moving the start date from November 21st to November 19th. Council Member Wright asked that staff track parking trends, identify persistent violators and provide a report to Council after the holidays. Council Member Reid stated he opposes the program given the budget shortfall; however, he suggested Council offer three hours free parking if the program is to go forward. Further, suggested offering two hours free parking year-round in the downtown. It was the consensus of Council to proceed with the holiday promotion as drafted and have a broader parking discussion in January. Council Member Reid stated all of the information regarding the success of this program has been anecdotal and we continue to lose money. He suggested writing tickets for people who park at the meters more than two hours. Mr. Wells suggested planning a comprehensive parking discussion for early next year; however, he would not want to cause confusion by writing tickets during the holiday promotion. d. Authorizing a Memorandum of Understanding to be entered into with Loudoun County for erosion sediment controls and stormwater management/best management practice Bill Ackman stated the County and Town have been working cooperatively on this issue and this is a formality to conform with a State request for a memorandum of understanding. Council Member Burk verified there is no additional cost to the Town. e. Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Russell Branch Parkway East Town Council Work Session of November 13. 2007 Page 3 Vice Mayor Horne stated she is delighted to see movement on this project. Council Member Martinez stated he is very excited with the progress on the bridge. 2. Work Session Items for Discussion a. Endorsement of the development improvement initiatives Council Member Wright suggested Council pass a resolution supporting staff's efforts to improve the development process. Council Member Reid suggested the addition of language to allow for reports to include site plans that are over 90-days in review. Council Member Wright stated the timeline is 60-days; however, if a second review is required the timeline would then increase to 110-days. He stated Council needs to decide what the goal will be for submissions. Further, he stated he spoke with the Downtown Improvement AssOCiation (DIA) and they would not be opposed to receiving flags indicating delays in the process. Mayor Umstattd stated it would be difficult to have a set number of days as delays could also be caused by the applicant; however, it is good to track the number of days an application is under review and what staff's turn around time is. She stated she has heard complaints from the private sector that staff meets their deadlines, but at the very end of the period. Susan Swift stated staff has been working on performance standards to track the review process which will be provided to Council. Council Member Reid suggested Ms. Swift and Tom Mason provide quarterly verbal updates to Council on the status of various projects to allow Council the opportunity to ask questions. Mayor Umstattd stated staff has found that in some cases the delay has not been on the part of staff, rather on individuals working for the applicant. She stated in these cases it would be more appropriate for staff to contact the property owner to inform them on the lack of response from their team. Council Member Reid stated he has been told by the engineering community that multiple submissions are due to the fact that staff is continually asking for changes. He expressed concern that a written report will not provide the sufficient oversight needed. Council Member Burk expressed concern that Council not micro- manage staff. Vice Mayor Horne expressed support for the proposed changes and thanked Mr. Wells for his response to Council's concerns. Town Council Work Session of November 13. 2007 Paqe 4 b. First Friday ILDBA funding Ms. Fields stated staff has received a request from the Loudoun Arts Council and the Leesburg Downtown Business Association (LDBA) for funding for marketing and programming support associated with the First Friday program. She stated the Loudoun Arts Council is requesting $13,200 of which the majority will be given to the LDBA for advertising. Further, she introduced Kathy Farmer and Sola Pallotta. Mr. Wells stated everyone has been active in restructuring the First Friday program. Kathy Farmer, Loudoun Arts Council, stated her request is to continue to manage the entertainment part of the program and place the press releases. She stated she is currently procuring the entertainment for free and at some point it would be beneficial to have money to pay the entertainers. Sola Pallotta, LDBA, outlined the various marketing programs including press releases, newspaper ads and flyers. She stated it is important to let the public know what is going on with the shops and special events. Mayor Umstattd stated the owner of the Leesburg Vintner stated he is thrilled with the level of entertainment provided for First Friday. Council Member Burk expressed support for the improvements to the First Friday program verified this will come from the contingency fund. Vice Mayor Horne stated she would like to see the program continue and be prosperous. She asked that Ms. Farmer and Ms. Pallotta provide measurable goals for the next six months follow up with Council in the spring. Council Member Martinez expressed support for the First Friday program. Further, he stated we need more lights downtown. Council Member Wright asked how much was provided to the Loudoun Arts Council in the FY08 budget. Ms. Fields stated the Loudoun Arts Council was given $20,000 in the FY08 budget; however, their allocation is set to decrease over the next two years per Council's policy. Council Member Wright stated it is his hope that the LDBA would also provide some of their own money and not rely solely on the Town for funding. Ms. Pallota stated the downtown consists of many small shops and the membership fee is only $50 per month. Further, she stated the LDBA organizes other activities such as the Taste of Leesburg and Holiday Shopping programs. Council Member Reid expressed support for the First Friday program; however, he stated he is concerned that this request was received out of the normal budget schedule. He stated the First Friday program brings business to the downtown and the LDBA should provide some funds or look for other businesses to provide funds for this program. Town Council Work Session of November 13. 2007 Paqe 5 Mayor Umstattd thanked Ms. Farmer and Ms. Pallotta for their efforts. c. Approving the vendor for new police CAD/RMS system Joe Price outlined the need and benefits of this system and stated funding for this program was provided under the FY08 budget. He stated the City of Fairfax and Town of Vienna hired consultants to help them find the best CAD/RMS System and both purchased from New World Systems. Further, he stated the Virginia Procurement laws allow the Town to purchase this system through the Town of Vienna's contract thus saving consultant fees and the time and money associated with the RFP process. Chief Price introduced Larry Wells and Jack Downing of New World Systems. Mr. Downing provided an overview of New World Systems and the Virginia jurisdictions which have purchased their product. Council Member Burk asked how the enhanced reporting capability is tied to the State funding. Chief Price stated the State now ties the disbursement of 599 funds to the agency's ability to provide correct data. He stated initially this is a warning system; however, in the near future it will be tied to delayed payments. He stated prior to budget reductions our 599 money for FY08 was $985,000. Vice Mayor Horne asked the lifespan of the product. Mr. Downing stated their first client from 25-years ago is still using their product through a general maintenance and upgrading program. He stated the importance of being a long-term partner with the Town. Council Member Martinez noted the Town is saving $147,000 by being a demonstration site. Council Member Wright stated the first year of software maintenance is free and asked if that savings was anticipated in the budget cycle. Chief Price stated that savings was not anticipated. Council Member Wright asked how the project is funded. Mr. Wells stated the funding comes from local tax dollars, unspent maintenance fees from the previous system, and money from the interest earned on the Uran Fund. Council Member Reid asked for a list of the other bidders. Chief Price stated the Virginia Procurement Law allowed the Town to piggyback on the Town of Vienna's contract thus saving the Town consultant fees and the time associated with the RFP process. Town Council Work Session of November 13. 2007 Page 6 d. Legislative Update Mr. Wells stated the legislative dinner is scheduled for November 19th and staff is hopeful Council will adopt the legislative agenda tomorrow night. Annie Carlson discussed the Department of Energy's National Interest Electric Transmission Corridor (NIETC) designation. She stated this was created to allow electric utilities to bypass State processes for obtaining eminent domain for overhead transmission lines. Further, she stated Congressman Frank Wolf is co-sponsoring an amendment to the act to modify the application process. . Ms. Carlson stated Dominion Virginia Power has taken advantage of this designation and have applied for an area in the southeastern portion of Loudoun County. Mayor Umstattd asked if Senators Webb and Werner have taken a position on this issue. Ms. Carlson stated they have not taken an active role; however, Senator Webb has expressed his support for Congressman Wolf's efforts. She stated last week the Governor, Attorney General, Congressman Wolf and Congressman Tom Davis called for the removal of Virginia from the NIETC. Mayor Umstattd stated the Federal legislation states a strong consideration should be provided to underground the utility lines. She asked if a requirement to underground the lines is being pushed in Congressman Wolf's amendment. Ms. Carlson stated she would have to report on that at a later time. Council Member Burk thanked Ms. Carlson for her report. Ms. Carlson stated she spoke with the Legislative Liaison for Loudoun County who reported the County has not taken action on this issue. Vice Mayor Horne thanked Ms. Carlson for her report and stated she would like to receive more information on the rehearing process. Council Member Wright offered formatting suggestions for the legislative packet. Council Member Reid stated he would like staff to provide a report on the status of the Dominion Power transmission lines and the potential effect on the Washington and Old Dominion Trail. e. Cable box replacement at 1306 Moore Place Kathy Leidich stated installation of the shorter box with a four-foot pole and smaller will be completed by the end of the week. Council Member Burk stated she received a complaint from a resident on Governor's Drive and asked if that issue will be addressed. Town Council Work Session of November 13. 2007 Page 7 Ms. Leidich stated staff has contacted Comcast and will likely have to proceed through the same process as was undertaken for the boxes on Moore Place. Vice Mayor Horne stated she received the same email and was told by Ms. Leidich that Comcast plans to handle these complaints on a case-by-case basis and will only respond after a complaint has been made. She suggested possible changes in the Zoning Ordinance to provide specific instruction to the cable companies regarding the size and location of these boxes. Ms. Leidich stated Tami Watkins of Comcast will be attending the meeting tomorrow night. J.B. Anderson, Cable Commission Chairman, stated he is also concerned with the attitude of the cable companies. He stated in the 2006 Verizon agreement there is a Section addressing Title XI of the Communications Act which prohibits localities from controlling installation, modification, and construction of these franchise site installations. Further, he stated the Comcast agreement dates back to 2000; however, they are entitled to a level playing field and this will be an issue when we address the renegotiation of our two franchise agreements in 2010. Council Member Wright echoed Vice Mayor Horne's comments. Further, he asked about the possibility of screening for the utility boxes. Mr. Anderson stated Comcast is willing to allow screening of the boxes; however, they will not pay for the screening. Further, he stated they must have access to the boxes. Council Member Wright stated we need to encourage Comcast to be a good corporate citizen. Council Member Reid stated this first came to Council six months ago. He stated perhaps we should just pay to remove it. Mr. Anderson stated the large box has been removed. He stated much of the delay was in trying acquiring a smaller box that would fit the needed equipment. He stated Dominion Power has been very good to work with. Ms. Leidich stated we are waiting on the smaller pole and meter, which should be installed this week. Council Member Martinez stated legislation was passed regarding what we can and can not do with franchise agreements. He stated we need to understand the impact of this legislation before we modify our ordinances. Mr. Wells stated Ms. Irby will be working with the Cable Commission on this issue. f. Interim report for Utility Rate Advisory Committee Joel Eacker, Utility Rate Advisory Committee, provided their interim report. He stated the Committee has reviewed the history of the rates, toured the water and waste water plants, reviewed the funding and fee Town Council Work Session of November 13. 2007 Paqe 8 structures, the breakdown of costs, and various utilities including the Loudoun County Sanitation Authority. Further, he stated the majority of the Committee is comfortable with the expense end of the operation. Mr. Eacker stated the Committee has created a model to examine the impact of adjustments to the utility rates and expect to make a recommendation in the next few weeks. Further, he stated the Committee is also reviewing the Environmental Protection Agency's recommended tiered rate structure which is aimed at encouraging conservation. Mayor Umstattd thanked Mr. Eacker and the Committee for their report. Council Member Burk stated she is looking forward to the Committee's continued work. Vice Mayor Home thanked the Committee members for their efforts. Council Member Martinez asked if the Committee is providing updates to the in and out-of-Town residents. Mr. Eacker stated he is a resident of River Creek and he provided an update at their recent annual meeting. Further, he stated Ms. Kathleen Wittemore Castro is the other out-of- Town resident. Council Member Wright stated he has been very impressed with the Committee's efforts to review all options. Council Member Reid thanked the Committee for their efforts. He stated he was skeptical about the creation of this Committee; however, reports he has heard have indicated this is turning out to be a good deal for the Town and out-of- Town residents. Further, he asked if the Committee is looking at availability fees. Mr. Eacker stated the Committee plans to examine what percentage availability fees represent, what options are available for change and what risks does the Town face from change. Council Member Reid stated he would like to see an analysis or survey of water intensive businesses such as restaurants and whether some have been discouraged from locating in the Town because of our availability fee calculation. Mr. Eacker stated the Committee has discussed those concerns; however, they have not looked at the methodology of those rates. Council Member Reid suggested the Committee talk with some new restaurants or building owners. He verified the Committee plans to provide their report in December. g. Discussion of Board, Commission, Committee appointment process Council Member Reid stated Council Member Martinez suggested Town Council Work Session of November 13. 2007 Page 9 we defer this discussion. Council Member Martinez stated we need to ensure we have all the information on hand. Further, he suggested that he and Council Members Reid and Burk discuss the issue with staff and report back to Council. It was the consensus of Council to defer discussion of this item. h. Discussion of Council vacancy process Mayor Umstattd verified Council Member Burk plans to remain on Council through December. She suggested advertising the vacancy for two weeks in the Leesburg Today and Loudoun Times Mirror. Council Member Wright stated we should advertise the vacancy and have interested citizens submit a letter of interest and resume. He suggested scheduling a special meeting for the first week of January. Council Member Martinez concurred with Council Member Wright's comments. It was the consensus of Council to advertise for two weeks in the Leesburg Today and Loudoun Times Mirror. Further, Council will encourage interested citizens to attend the December 11 Council Meeting and schedule a special meeting to select a candidate during the first week of January. Council Member Burk asked Council to consider her philosophy on various issues when appointing an individual to fill the remainder of her term. Council Member Reid congratulated Council Member Burk on her election to the Loudoun County Board of Supervisors. He stated it is his hope that the Town will have a constant dialog with Council Member Burk. Vice Mayor Horne suggested Council schedule quarterly meetings with our Loudoun County Board of Supervisor representatives. 3. For information only: Preview Topics for November 26, 2007: There was no Council discussion of the following items: a. Appeal of BAR decision on Fire Station b. Approval of pole signs for the special events component of the Wayfinding Sign System c. Form based code consultant and budget approval d. Court and Market Days after action report e. Status of road improvements (Battlefield Parkway, Sycolin Road, Greenway Drive) New Business Vice Mayor Horne stated she had the good fortune of representing the Town at the Scenic Virginia Ceremony where the Town was presented with an award for the Keep Leesburg Beautiful program. Town Council Work Session of November 13. 2007 Paqe 10 Further, Vice Mayor Horne asked that staff provide an update on the First Floor Retail Task Force at a future meeting. Council Member Reid verified staff is working to schedule a date for the joint meeting between the Town Council and Board of Architectural Review. Further, Council Member Reid suggested scheduling a meeting with the Town Council and newly elected members of the Board of Supervisors before they take office. Mayor Umstattd suggested Council speak at the Board of Supervisors meeting as petitioners. Council Member Martinez concurred with Council Member Reid's comments. Council Member Wright suggested informing the Board of Supervisors that there is a standard of two meetings a year between Board and Council. He stated it may be difficult to schedule the meeting before they take office in January. Council Member Reid suggested inviting the Board of Supervisors to the Town's holiday luncheon at Ida Lee. Adjournment On a motion by Council Member Martinez, seconded by Wright, the meeting adjourned at 10:09 p.m. 2007_tcwsmin1113