HomeMy Public PortalAbout2009_tcwsmin0309
Council Work Session
March 9, 2009
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon
Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd
Council Members Absent: Marty Martinez arrived at 8:05 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby,
Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Airport
Director Tim Deike, Director of Parks and Recreation Rich Williams, Chief of Police
Joe Price and Management Specialist/Deputy Clerk of Council Debi Parry
AGENDA ITEMS
1. Work Session Items for Discussion:
a. Public Safety Radio System
Council Member Reid announced that he may be late to the meeting
tomorrow night.
Chief Price distributed the Leesburg Police Department 2008 Annual Report.
He provided an overview of the 800Mhz radio enhancement project. He stated
the new system would allow for interoperability and intraoperability between the
Leesburg Police Department within the County and with other agencies in the
region and would streamline the 911 call dispatch process. He stated the FCC is
requiring the rebanding of Loudoun frequencies, which requires complex system
of rebanding the current radios. He stated Loudoun County DIT has determined
that if the current radios are upgraded by 2011, we can expect significant busy
signal interruptions causing a negative impact in public safety situations.
Additionally, he stated Motorola has informed Loudoun County that after January
2010 they would no longer provide service for the type of equipment currently
used. He stated Loudoun County was able to reach a good deal on their
contractual agreement with Motorola, which has been approved by the Board of
Supervisors for $28.8 million. He recommended that the Town continue its
partnership with Loudoun County for this state of the art system with full
interoperability and intraoperability at a cost of $322,000. Further, he stated all
of our handheld and car radios would be provided by Loudoun County and the
$322,000 would cover the cost of the dispatch consoles.
Council Member Reid verified the cost would be spread out over five years.
He stated he is in favor of this transition. He asked what the final cost would be
after five years.
Mr. Butts stated he does not know the final cost; however, the interest rate
would be about six percent.
Council Member Reid asked if there are any specific instances that can be
cited where the lack of congruency was an issue.
Chief Price stated the Leesburg Police Department has been in an
interoperable mode since 2001. He stated the Virginia State Police are not on
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Page 2
an 800Mhz trunk system and there have been instances where they were doing
traffic stops in the area and could not call for backup.
Council Member Reid verified the target date to go live is December 31, 2009.
Council Member Butler verified the $322,000 is to purchase four dispatch
consoles.
Council Member Wright asked if there would be an impact on the current FY
09 budget.
Mr. Wells stated depending on the date of the transaction we may need to
move forward prior to July 1. He stated if that is the case we would use the
available General Fund balance.
Council Member Wright verified the first year of the lease/purchase cost is
anticipated in the FY 10 budget.
Vice Mayor HammIer asked why this item was brought forward to tonight's
agenda versus being handled in the context of the budget discussions.
Mr. Wells stated Council asked that some budget items be brought forward
early. Further, he stated because of the potential need to move forward quickly
it was felt that time needed to be devoted specifically to this item.
Vice Mayor Hammier asked if the cost includes training, maintenance and any
other associated costs.
Chief Price stated training is included. He stated staff expects the
maintenance costs to be about the same as what is paid for the current system.
Captain Moxley stated maintenance costs will include the consoles and all of
the subscriber units. He stated there will not be much of a maintenance cost
over what we currently pay.
Vice Mayor Hammier asked if there is a possibility to get grant money to
cover the cost.
Mr. Wells stated we are receiving support from the County beyond the
$322,000.
Vice Mayor Hammier asked if there is a potential for federal stimulus dollars
in the category of Homeland Defense.
Mr. Wells stated based on what we have seen this would not fit into any of
the categories; however, staff will continue to look for options.
b. CDBG Project List
Kaj Dentler stated as of the last meeting the sidewalk project on Edwards
Ferry Road from Heritage Way to Sheetz has been added.
Council Member Wright suggested regarding the Plaza Street sidewalk project
that the road be reduced to the proper width to allow for installation of the
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sidewalks without impacting the trees. He suggested removing the Olde Izaak
Walton project from the list as we should not be investing in a property that we
do not own. He stated there is a project regarding the installation of a sidewalk
from Mosby Drive to downtown; however, there are already sidewalks in that
area.
Mayor Umstattd suggested that perhaps the project would be to install a
sidewalk on the south side.
Council Member Wright stated to put a sidewalk on the other side of Market
Street in this area would require taking a fair amount of land.
Council Member Dunn asked if these are in the order in which we would
request funding.
Mr. Dentler stated these are listed in the year to be evaluated. He stated
this list is just a guide to potential projects and does not obligate Council to
anything.
Council Member Dunn asked why the Safe- T-Ride signs need to be LED as
opposed to standard aluminum with printing.
Mr. Dentler stated this allows users of the Safe- T-Ride to know
approximately when the next bus is arriving.
Council Member Dunn stated he wonders why we have to go so high-tech on
this as opposed to a sign indicating when the bus should be there.
Mr. Dentler stated this project has already been submitted for CDBG funding.
Mr. Wells stated this project came from speaking with users of the bus
system who indicated a desire to know when the next bus would be arriving. He
stated if you know the bus is only one or two minutes away then you may be
less likely to walk across the bypass.
Council Member Reid stated he hopes we get the money; however, he would
have much preferred funding for the Edwards Ferry Road sidewalk. He stated
Council Member Dunn is correct that there is a worn down path there and he
encouraged Council to place this project in the CIP. He concurred with Council
Member Wright's comments regarding the Plaza Street sidewalk stating there is
still a lot of cost associated with the project. He stated the Safe- T-Ride project
will encourage people to walk across the bypass and asked that staff see if this
project could be substituted with the Edwards Ferry Road sidewalk project.
Council Member Wright stated if you look at the calendar for the CDBG
submission we could have avoided this discussion and others had we had the
discussion earlier regarding the list of potential projects.
Council Member Reid concurred.
Mayor Umstattd stated some members of Council have expressed interest in
incubators and Fairfax City has one that George Mason University built and
operates. She stated the Northern Virginia Transportation Authority pays $150
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Town Council Work Session of March 9. 2009
Page 4
a month for access to their conference room. She stated that is a good price
range to keep in mind.
Mr. Dentler asked Council Member Wright if he would like two items removed
from the list.
Council Member Wright stated, unless someone opposes, he would like to
remove the Olde Izaak Walton Park project and the Mosby Drive sidewalk
project from the list.
Vice Mayor Hammier asked when Council would find out if any of these
projects receive funding.
Mr. Dentler stated the only project eligible to receive funding this year is the
Safe-T-Ride project.
Vice Mayor Hammier stated it is important to stay one step ahead in this
process. She stated regarding Plaza Street, in the Outer Banks they have curbs
on their roadways where people can ride their bikes and walk rather than
installing sidewalks. She stated that might be a more cost effective way to
pi nch the road.
c. Town Code Rewrite Update
Jeanette Irby stated it has been over 30 years since the Town Code was
recodified. She stated she would like to have the new Town Code adopted by
July 1; however, that will require a public input session in April and changes
could be posted online for the public to view before the edits are submitted to
Municode by the end of April. She stated the final draft would then be received
in time for Council to hold a public hearing in June to adopt the code effective
July 1. She stated ordinances adopted after June 2008 would be included in a
supplement and recommended that Council have supplements recodified semi-
annually. She stated there would be no substantial cost to the Town as it will be
done digitally with only a few paper copies. She stated hard copies of the Code
could be purchased for libraries, courts and selected Town Staff. Further, she
stated clarification is needed between the Town Seal that the Clerk puts on
official documents and the burgundy seal with the Town Hall building in it.
Vice Mayor Hammier asked if there are any issues Council needs to resolve
for a public input session.
Ms. Irby stated if Council wishes to hold a public input session, it will have to
be held in April.
Vice Mayor Hammier stated Council could pick a date tomorrow night.
Council Member Wright asked if Council needs to pick the date or if staff can
schedule it.
Ms. Irby stated Mr. Wells can work the inputs session into the schedule.
Council Member Wright verified the deadline for comments is April 3.
Council Member Martinez verified a rooster in someone's neighborhood would
be considered a non-domesticated animal.
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Town Council Work Session of March 9. 2009
Page 5
Ms. Irby stated there will also be language regarding exotic animals.
Council Member Reid stated he would like to incorporate the Leesburg logo
into the seal. He stated we are using the cursive Leesburg as our brand and the
Town Hall image is on all of our letterhead and we have too many symbols. He
stated we have never resolved the issue with the flag either; however, the issue
needs to be resolved by Council. He asked what is the significant change
regarding refuse. .
Ms. Irby stated the language includes a new definition and some additional
specific information.
Council Member Reid stated he is concerned with codifying specific job
functions such as when items will be picked up. He stated there may need to be
some flexibility for budget changes.
Ms. Irby stated that language is in the contract as the contractor who collects
trash here on Monday and Wednesday has other localities that they serve on
Tuesday and Thursday so the schedule is set to when the pick-ups are. She
stated it only changes every three years.
Council Member Reid asked why it has to be included in the code if the
language is in the contract.
Ms. Irby stated it does not have to be in the code.
Council Member Reid stated he would like a report on backflow testing as he
does not believe it should be required every year as the code states. He stated
he likes the idea of the April 28 public input session. He stated he wanted the
Charter to go to a commission at one time as it is nice to get people interested.
Council Member Dunn asked if Council has received Ms. Irby's final changes.
Ms. Irby stated she is continuing to edit the document. She stated once this
information is online she will create a separate document to track the changes.
d. Acoustics on the Green
Mr. Wells recommended Council allow the Town to produce the Acoustics on
the Green program by providing back-up to the volunteer production. He stated
Stilson Greene has continued to stay on to provide the connection with the
musical talent and to maintain the website and produce posters. He stated the
Town will work on advertising, donors and sponsorships for the overall program.
He stated a place holder was put in the budget for $15,000, which assumes no
donations and no ads; however, the basic assumption is that $13,000 would be
the total expenditure. He stated if advertisements and sponsorships come in at
the level that is hoped it will offset approximately $10,000. Further, he stated
there is a motion on the agenda for tomorrow evening.
Council Member Wright stated he understands it is our goal to run the event
the same way and to provide man hours for selling ads, recruiting volunteers
and providing man power to ensure the program is able to move forward.
Town Council Work Session of March 9. 2009
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Mr. Wells stated the majority of the issue in the past was that the volunteers
who were expected did not always show up for the event. He stated Mr. Greene
was then left to do everything.
Council Member Wright stated he supports assisting the program to keep it
going; however, he would like a resolution for tomorrow night to clearly state
Council's goals for this program. He stated he hopes staff will email Council
Members when they are looking for volunteers.
Council Member Butler echoed Council Member Wright's comments.
Council Member Dunn verified the funds will come from the General Fund.
Mayor Umstattd expressed her support and thanked staff for their efforts in
working with Mr. Greene.
e. Stimulus Funding Update
Mr. Wells stated the Town has currently submitted three projects for funding;
however, there are a number of pots of money available that are awaiting a
process for distribution to be identified. He stated Mr. Dentler and a number of
staff members have established a team and we are working with the County to
try to identify as many funding opportunities as possible. He stated in many
cases we have to be mindful of strings that may be attached to these federal
funds and Ms. Irby will review the agreements as they come through before we
submit a project. He stated this is a multi-faceted complex effort and we have
currently submitted two utility projects and one NVTA project. Further, he stated
there is a lot of money at stake as Vice Mayor Hammier mentioned and we want
to be sure to capture every opportunity.
Council Member Wright asked if other utility projects in the CIP are eligible
including line replacement and tank recoating.
Mr. Wells stated the only eligible projects identified were the two that were
submitted.
Council Member Wright verified we are not behind in this process.
Council Member Reid stated the Bioprocess Optimization System for the
Water Pollution Control Facility looks like a good project; however, the Lower
Tuscarora Sewer Conveyance System seems to be of more benefit to the
County.
Mr. Wells stated the first challenge we are finding is that the project has to be
basically designed and virtually funded. He stated funds have to be obligated
within twelve months and construction completed within three years.
Council Member Reid verified you cannot apply for reimbursement for a
project that is already built. He asked if any transportation projects have been
identified.
Mr. Wells stated the NVTA project has been submitted for the South King
Street widening. He stated that is the only project that has been identified
because the criteria. He stated there are a number of other pots of money that
do not have identified distribution processes as of yet. Further, he stated all of
Town Council Work Session of March 9. 2009
Page 7
our capital projects and road projects are before the Governor and the Federal
Government.
Council Member Reid asked why we cannot get funding for the Sycolin Road
widening project.
Mr. Wells stated that project does not qualify because of the timing.
Council Member Reid asked about the Battlefield Parkway construction.
Mr. Wells stated that project also does not qualify because of the timing. He
stated there are many areas that have not identified their distribution process.
He stated staff hopes the Federal Government will reexamine some of the
requirements of the funding since the goal is to get the money out.
Council Member Reid stated we need to press our case with the State. He
stated it is better to push hard to see what we can do rather than accept this at
face value given the funds that are out there.
Mr. Wells stated the key message is we are not done. We will continue to
update Council and will keep pressing to find ways to make projects happen.
Council Member Reid suggested contacting Congressman Wolf regarding the
need to relax some of the Federal regulations.
Vice Mayor Hammier stated she and Mr. Wells are meeting with Congressman
Wolf on Thursday.
Council Member Dunn asked why the Battlefield Parkway extension by Rehau
would not qualify.
Mr. Wells stated we would not be able to go through the environmental
approval process and other items such as final design within 12 months.
Council Member Dunn stated we are part of the first responders for the
National Capital and suggested getting other neighboring jurisdictions together
to make the Federal government understand that we are their protection and
they need to pay attention to us. He stated there are jurisdictions such as VML
that could help us to build this coalition. Further, he stated it is up to all of us to
make the calls, write the letters and keep pushing.
Mr. Wells stated these updates will come on a regular basis.
Council Member Wright asked for an update on the Battlefield Parkway project
near Rehau.
Council Member Reid stated he would like a groundbreaking ceremony for this
project even though we have already cleared trees.
Mayor Umstattd asked Mr. Mason for information on this project.
Mr. Mason stated this project was divided into two phases. He stated in
Phase I we did a design that allows us to move forward with the Uniwest portion
Town Council Work Session of March 9. 2009
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to lay foundation dirt and install storm drainage improvements while we are
waiting for final design. He stated we have gone through right-of-way acquisition
and the second phase will be underway once the first phase is completed. He
stated this project is being funded totally with local funds. He stated the
environmental requirements for any federally funded project are particularly
sensitive in this area as there was a chemical spill on the Rehau property years
ago and there is a level of groundwater contamination. He stated this has been
signed off by the State; however, Federal restrictions on this project would not
be a good idea.
Council Member Reid asked if there is anything on the Bypass that would
qualify.
Mr. Wells stated those projects would not meet the requirements because the
design has not been started.
Council Member Reid stated he attended a meeting the on South King Street
project when he first moved to Leesburg; however, this is a higher priority than
the Bypass. He stated meanwhile higher priority projects such as the Bypass
climbing lane to Route 9 will not get funding.
Council Member Dunn stated we are an interstate community and when that
portion of Battlefield Parkway to Edwards Ferry Road is completed we will have
drivers from Maryland, Pennsylvania and West Virginia using his neighborhood's
portion of Battlefield Parkway as an outer beltway.
f. 1-66 Widening
Council Member Reid stated the resolution drafted by staff is good. He stated
the resolution he drafted was based on Council's 2003 resolution that Council
passed. He asked Council to vote on one of these resolutions tomorrow night.
Mr. Wells stated this is on the agenda for tomorrow night.
Vice Mayor Hammier stated during the last Council meeting we discussed the
facts relative to the number of Leesburg residents who commute to Washington,
DC as an example. She stated the opportunity cost is in staying focused on our
highest transportation priorities we would like to have funded in the Town.
Council Member Reid stated he does not believe that Council making a
comment on something we have already taken a position on really is going to
take away anything. He stated in his resolution he references Leesburg
commuters and Loudoun County commuter busses, whereas, the staff resolution
does not.
Council Member Wright asked what portion of 1-66 would be widened.
Council Member Reid stated Congressmen Wolf and Davis procured the funds
to build a west bound lane under the guise of Homeland Security to get people
out of the District.
Council Member Wright verified this would merge into the existing outbound
lane outside the Beltway.
Town Council Work Session of March 9. 2009
Page 9
Council Member Reid asked if Council would prefer his resolution or staff's.
Council Member Martinez stated having commuted on 1-66 the aspect of
another outbound land is great; however, he does not know what our role in
that would be. He stated he is still debating what he will do on this.
Council Member Butler stated he does not mind voting on this resolution;
however, it is not worth a long debate either way.
Council Member Reid stated he will move his resolution tomorrow.
Council Member Dunn stated that is fine with him.
Mayor Umstattd concurred with Council Member Butler's comments.
2. Additions to Future Council Meetings
Council Member Reid stated he attended the community meeting on the Valley
View Drive barricade issue and there were approximately 40 residents in the room.
He stated he believes we need to resolve this issue, as many of the residents are
nervous He stated the best solution is to not lift the barricades until both sides of the
street are widened to standard just as is being done with Lowenbach and to have
improvements at Valley View Avenue and Davis Avenue. He stated he will push to
see if this can be put into the CIP. He stated we just received a report on the West
Y, which seems to be a $700,000 to $800,000 project minimum and he does not see
this as being as critical as the Valley View and Davis Avenues project. He stated we
can give the SRTC another chance to resolve this at their April meeting; however, he
would like to have this resolved as soon as possible and asked that this item be
placed on the Council agenda for the next meeting or the meeting after.
Mayor Umstattd stated it is a good idea to have this on an upcoming Council
agenda. She asked if the barricades would be removed if Council took no action.
Mr. Wells stated it was his understanding that the SRTC was going to provide an
update to Council after their public input session.
Council Member Reid stated we should adopt something similar to what was
adopted for Lowenbach at the first meeting in April.
Council Member Dunn stated he would like the parking summit discussion on a
future agenda so Council can begin to resolve some of those issues.
Vice Mayor Hammier stated she will be bringing forward a recommendation for
appointment to the Planning Commission at the next Council Meeting. Further, she
requested a Certificate of Appreciation for Ted Kalriess at the second meeting in
April.
Council Member Martinez asked for an update on Keep Leesburg Beautiful.
Mr. Wells stated an update will be provided tomorrow evening. He stated
Council Member Butler has begun working with staff on this project.
Council Member Dunn stated he would like certificates of appreciation
recognizing Melanie and David Miles on a future agenda. Further, he stated he will
Town Council Work Session of March 9. 2009
Page 10
have an appointee for the Utility Rate Advisory Committee and the Tree Commission
at the next meeting.
Council Member Reid stated he also needs an appointee to serve on the Tree
Commission.
3. Closed Session
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following was proposed:
MOTION
Pursuant to Section 2.2-3711(A)(3) and 2.2-3711(A)(7) of the Code of Virginia, I
move that the Leesburg Town Council convene in a closed meeting to discuss real
estate and legal matters related to the water rate case update, Meadowbrook
litigation and Virginia Power easements
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
The Council convened in closed session at 8:49 p.m.
The Council reconvened in open session at 10:44 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following was proposed:
MOTION
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 public business 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 by Council.
The motion was approved by the following roll call vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Adjournment
On a motion by Council Member Martinez, seconded by Council Member
Butler, the meeting was adjourned at 10:45 p.m. .~. ~ .01
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2009_tcwsmin0309