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HomeMy Public PortalAbout2010_tcwsmin0412Council Work Session April 12, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Vice Mayor Katie Sheldon Hammler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: Council Member Dunn arrived at 8:07 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manger Kaj Dentler, Chief of Police Joe Price, Director of Parks and Recreation Rich Williams, Director of Human Resources Nancy Fixx, Director of Finance Norm Butts, Director of Information Technology Wendy Wickens, Director of Utilities Randy Shoemaker, Director of Planning and Zoning Susan Berry Hill, Director of Plan Review Bill Ackman, Airport Director Tim Deike, Thomas Balch Library Director Alexandra Gressitt, Director of Public Works Tom Mason, Economic Development Manager Marantha Edwards, Depu[y Director for Recreation Kate Trask, Deputy Director for Parks Bill Ference, Deputy Director of Capital Projects Renee La Follette, Recreation Programs Manager Jeremy Payne and Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, and Business Retention Coordinator Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: Mayor Umstattd introduced Michael Healy who is Vice Mayor Hammler's nominee for the Technology and Communications Commission. Mr. Healy stated he has over 22 years experience in the computer, insurance, and food service industries, with much of this experience as a project manager or development lead. He stated he became a certified software engineer in the late 1980's and wrote code for many years until 2007 when he became a certified project manager. Vice Mayor Hammler stated Council will vote on this appointment tomorrow and thanked Mr. Healy for his willingness to serve the community. Mayor Umstattd stated she will be nominating ]im Dorsey to fill the vacancy on the Environmental Advisory Commission. She added that he previously served as chairman of the commission. a. Budget Work Session John Wells stated last budget work session guidance was provided for staff follow up. He highlighted the benefits of a multi-year approach to the budget going forward. He stated Council has done an outstanding job of managing the budget over the last several years to maintain the best level of services possible while still being mindful of homeowner's tax bills. He stated there have been many spending cuts in the budget; however, there have also been areas where costs were deferred which has created a backlog of issues that will have to be addressed over time. He stated we need to prioritize several issues and also consider changing ways in which services are delivered. He stated the revised budget draft does not include 27 vehicles and large equipment items that are Town Council Work Session of Aoril 12 2010 Paae 2 scheduled for replacement. He stated the street repair and resurtacing budget has been reduced over the past two years, although some funds will need to be unfrozen to address the street repair needs from the two winter storms. He stated this will be the third year with no cost of living adjustments and the second year with no merit increases for staff. He noted the number of deferrals over amulti-year period and cuts in training total over $7 million across all funds. He stated we also need to be mindful of the economy as there are reasons for optimism; however, we have not seen many new jobs. He stated the Town benefited from the number of offices and retail that have opened this past year; however this growth has been slow and uneven and he feels over the next five years the town will only see annual growth at a rate of two percent. He stated he does not believe that the town will see state and county funding return to normal and will most likely not see the 599 funds and ABC tax revenues returned to the town. Mr. Wells provided the revised budget stating staff has found cuts necessary to eliminate the use of carryover funds for the FY2011 budget. He stated it is important to maintain the Revenue Stabilization Fund at this point and continue to look at creative ways to work with the staff to address needs down the road. He stated the Capital Asset Replacement Fund is important and as the economy begins to strengthen, we need to look at using the undesignated fund balance in ways that reduce debt issuance or provide for reduction of current debt. Further, he stated it is as important for us to plan for the post-recovery period as it was to plan for the difficult economic times. Mr. Wells stated the proposed reductions necessary to keep the tax rate at $19.5 cents and eliminate carryover total $667,000 from the General Fund, Utilities Fund, Airport Fund and Capital Projects Fund. He stated this includes a reduction of 2.2 full time employee positions (EYES). He stated there were revenue adjustments totaling $90,000 of which $70,000 is coming from tennis operations. Further, he outlined the readjusted scope of the Loudoun Hills capital improvements project at a total of $130,000. Mr. Wells outlined the expenditure reductions equal to the amount of carryover that was proposed to be used. He stated there was some restructuring in the Utility Fund resulting in savings of $230,000 based on some upcoming retirements. He stated the total expenditure reductions across the board total $667,000. Council Member Reid asked if the gross weight fee for aircraf[s would incrementally increase. Tim Deike stated the gross weight fee is not scheduled to increase in the budget because fee increases are tied to the consumer price index which has not increased from last year. Further, he stated there are larger aircraft now based at the airport which will result in increased revenue. Council Member Reid noted we had been increasing the fee over the last couple of years. Mr. Deike stated staff was trying to get the fees to where they should be based on the fact that they had not been raised incrementally for a few previous years. Town Council Work Session of Aoril 12 2010 Paae 3 Mr. Wells stated the current policy is to incrementally increase the fees to tie with inFlation; however, we are not seeing inFlation in this area. Council Member Reid asked if it is possible to divide the revenue stabilization fund question from the budget resolution. He stated he does not support the 15 percent reserve polity, Mr. Wells stated he strongly recommends that the 15 percent reserve policy not be reduced as that is the single most important policy issue Council has out of everything listed in the undesignated fund balance. Council Member Reid stated he is simply asking if he, as a member of the minority, can have a separate vote on that policy. Council Member Wright clarified that the 15 percent reserve policy is not part of the motion to adopt the budget tomorrow night. Further, he stated if Council Member Reid wanted to bring a motion forward for a vote tomorrow night on that issue it would not involve the budget. Council Member Reid stated last year there was a separate vote on the revenue stabilization fund. Council Member Wright clariFled there was a separate vote last year because a new fund was added. Council Member Reid requested a separate agenda item for tomorrow night to address Council's current fiscal policy. Council Member Butler verified the revised budget document provides for reductions in expenditures equal to the amount of carryover that was to be used and also provides for an additional $90,000 in revenue. Further, he asked if the shortfall in the Utility Fund had been eliminated. Mr. Wells stated the shortfall has not been totally eliminated; however, the expenditure reductions have reduced the amount of shortfall. Council Member Butler stated it sounds like staff has done a great job; however, he is concerned about fiscal years 2012 and 2013. He stated he would like to continue Council's pattern of reducing the average homeowner's tax bill; however, as Council Member Reid has pointed out, not all homeowner's see a reduction. He stated all we can count on is the average bill going down as the Town has no input into the real estate assessment process. Further, he stated if we push too hard this year it may be a real struggle to continue this pattern into the coming fiscal years, especially if there is a reduction in commercial assessments. Council Member Reid stated he and Vice Mayor Hammler met with Mr. Wells to discuss budget objectives; however, he does not see those incorporated. Mr. Wells stated he was not provided with a foal draft of the objectives. Vice Mayor Hammler stated she is working on the final language. Town Council Work Session of April 12 2010 Paae 4 Council Member Wright thanked staff for their efforts stating we seem to have found the right way to handle the budget and revenue process. He stated he also appreciates the efforts resulting in Council's ability to adopt a balanced budget with no use of carryover funds and for identifying the additional cost savings in the Utility Fund. He stated this budget incorporates a long range view to help us identify deferred expenditures that need to strategically be entered back into the budget as we come through the recession and into our new normal state. He stated we need to be mindful of how we keep Town operations moving going forward and continue to look for creative options over the upcoming years as each year will be challenging. He stated Council Member Reid mentioned the Town's reserves and reserve policy; however, that policy is one of the reasons the Town was given a bond rating upgrade and as we continue to seek further upgrades it is important to remember that each of them saves us money long term, He stated we have over $20 million in debt funded capital projects within the five year window and he looks forward to using any additional reserves above the policy level to reduce the debt financing where possible. He stated any reduction in our bond rating would result in higher debt payments and wipe out any short-term savings we might see from using the reserve funds. Further, he stated he is comfortable voting on the tax rate and budget tomorrow evening as the proposed budget puts us in a good place now and for next year. Vice Mayor Hammler thanked Mr. Wells and staff for their efforts. She stated the headline from her perspective is that all of our collaborative work has placed the Town in a strong fiscal position and we will find ourselves coming out of the recession stronger than we went in. She stated given how strong our fiscal situation is, it is very reasonable to reach our goal of a AAA bond rating. She stated she also supports the theory that in voting tomorrow night we will very quickly begin our work on the budget for Fiscal Year 2012. Vice Mayor Hammler stated she does have a lengthy list of objectives including such things as directing staff to provide a comprehensive analysis within the next several of months outlining the overlapping services the Town provides to residents in addition to those provided by their Loudoun County tax dollars. She stated we should also be looking into an analysis of city status as this has risen as the central point she has found in her review of the budget as it relates to the Town not receiving proper revenue from the county and state. She stated a recent article by VML urges Virginia localities to not make up for the funding cuts by the state but rather to let citizens know that service cuts are because of funding reductions at the state level, or from our perspective, the county level. She stated she is greatly concerned that in order to get Battlefeld Parkway completed as soon as possible, we have designated $850,000 in Leesburg taxpayer dollars for this year. She stated she is greatly concerned as this is a regional road as people travel from all over the region and internationally to shop here, yet we receive little revenue and have to pay the bill associated with the transportation costs. She asked that Council allow time to investigate other funding opportunities for Battlefeld Parkway such as grants. She stated other long term goals include looking into the County providing School Resources Officers and other cases where there is a significant gap in funding. She stated she did have over $700,000 in cuts identifed to eliminate the carryover funds and reduce the tax rate by a half penny. She stated she continues to believe that the goal again for next year is to continue reducing the Town Council Work Session of April 12 2010 Paoe S homeowner tax burden and stringently seeking revenues from other parts of the state. She asked if the engineering position at $47,000 had been frozen. Mr. Wells stated the position has not been frozen; however, he has delayed hiring as there are currently a number of personnel vacancies in that department. He stated it would be wise to allow ourselves the flexibility with this position. Vice Mayor Hammler stated there are a couple of Council Members who support looking at a broad reduction in areas such as the CIP Newsletter, advertising, memberships, management services and contractual services; however, she would need to compare with the reductions targeted by Mr. Wells. She stated this needs to be the year in which we have a productive conversation with the county regarding all overlapping services and asked that Council look at putting the additional school resource officer position on hold as Tuscarora High School will not be at full capacity or look for other duties for the officer in needed areas. She stated she has discussed the optional benefit with other Council Members and the idea that, in future years the funds could be tied to specific goals to help reduce the Town's overall health care expenses. She stated in the private sector where there is that personal premium reduction funding offered there are usually personal health goals associated with it. She stated she did consider proposing the elimination of funds for the purchase of two trucks and several police cars; however, having done research with the help of Council Member Butler and Greg Philips of the Tire Shop, it seems staff does have an appropriate policy in place and the vehicles are in need of replacement. Further, she stated another cut she considered was Visit Loudoun funding stating she had a discussion with the Assistant General Manager of the Leesburg Corner Premium Outlets and found there are many things we could be doing to advertise with them to capture those tourists and get them downtown. She highlighted the need to be mindful of the operating costs associated with the Town's parking garage and to look at ways to automate that facility. She stated there are ways to decrease expenses associated with the boards and commissions by establishing additional subcommittees. She stated a number of residents have questioned [he traffic light proposed for the intersection of Catoctin Circle and Battlefield Parkway and asked why it was not proposed for the Plaza Street intersection as that has more traffc; however, she would like this item left in the budget and asked that studies be done to determine where the traffic signal would best meet future transportation needs. Further, she stated after we adopt this budget we need [o begin work right away on our objectives for the FY 2012 budget. Council Member Reid asked if the objectives would be provided for tomorrow night. He stated last year when he tried to bring up objectives after budget adoption no one wanted to discuss them. Mayor Umstattd suggested that Council Member Reid and Vice Mayor Hammler email their objectives to Council. Council Member Martinez stated that is an ambitious set of working objectives and would like the opportunity to discuss them in a future work session. He concurred with Council Member Wright's comments that our budget is headed in the right direction. He stated we need to focus on a long term vision as to how we are going to reinstitute items such as employee pay increases and equipment Town Council Work Session of April 12 2010 pane 6 replacements. He stated he does not want Council to be in the position down the road of having to reinstitute all of these expenditures at one time resulting in a tax increase. He stated staff needs to determine how we are going to bring these items back into the budget and still lower the average tax bill. He stated we owe it to the staff to look into this as it is the staff that has been carrying us for the last three years. Further, he stated he is prepared to vote on the budget and tax rate tomorrow night; however, he does not want to vote on the fiscal policy until Council has had the opportunity to discuss budget objectives and the future fiscal years outlook. Mayor Umstattd stated Vice Mayor Hammler raises a number of good points regarding the long overdue look at Town/County relations. She stated as we enter into these discussions we want to be mindful that the county often looks after us in other ways that we might not appreciate such as increased gas tax funding and we do not want to get into a position where they are no longer willing to help us out in certain situations because of the increased funding demands. She stated she is comfortable with [he current budget and is ready to vote tomorrow night. She stated reducing the tax levy for the average homeowner for the fifth year in a row is an amazing accomplishment by Council, Mr. Wells and staff. She stated Council Member Reid has the opportunity to bring up a vote tomorrow night to reduce the 15 percent fscal reserve; however, she is comfortable with the current policy. Further, she stated her only request for the budget is that Council fund an extra police position and asked if that is feasible without using carryover funds. Mr. Wells stated if the budget were to be adopted as currently proposed there is a balance left of $90,000 and a position could be added in and maintained at least for the first year at that level. Mayor Umstattd stated she will propose an amendment tomorrow evening to add an additional officer to the budget. Council Member Reid stated it was his impression that Council would take straw votes tonight. He stated he understands that it is late in the process to discuss amending the fiscal policy and Council Member Wright has explained its importance as related to the bond rating. He stated there are still numerous residents who feel that if we have a surplus then we need to hold a public hearing or some discussion of this. He stated he is very concerned that we are sitting on this cash under the guise that it will save us money on the bond rating. He stated it is the people's money and believes there has to be some flexibility with it; however, he will not request the separate resolution tomorrow night. He stated last year there was a post budget discussion and all of his proposed objectives were rejected. He stated he has discussed some objectives with Mr. Wells and Vice Mayor Hammler, one of which was to look at the Thomas Balch Library as a whole to market. He stated one idea to increase revenue for the library is to look at renting out the whole library, similar to other museums who rent outtheir buildings for wine and cheese or similar events. Further, he stated he also thought Mr. Wells expressed support for his objectives regarding the cracked ceiling and scheduled branch pickup outside of the normal leaf pickup season. Further, he stated once we begin the fee discussion we need to discuss the vehicle decals. He stated he noticed there was a lot of concern among Council regarding the bank fees; however, he was told that this has to be addressed in the future. He stated we keep talking about doing everything in Town Council Work Session of Aoril 12 2010 Paae 7 the future when it comes to finance and billing. He asked if this could be discussed now or if the contract is set. Mr. Wells stated we have a contract. Norm Butts stated the banking service contract runs for one more year. Council Member Reid asked if staff is already looking at this issue for the coming fiscal year. Mr. Butts stated staff is looking at rebidding the contract and we are also looking at disaggregating the present contract to break it up as it currently exists. Council Member Reid stated he would also support efforts to automate or outsource the parking garage operations. Further, he stated some members of the Technology and Communication Commission have discussed use of the PEG fees received through the Cable Company as they do not know how the funds are being used. Council Member Wright stated he would not support removing the planned SRO position from Tuscarora High School. He Stated he would be fine with funding an additional officer if the funds are available. Council Member Butler stated he would not support funding an additional officer because a very high percentage of our issues with county funding relate to public safety. He stated he would prefer waiting on both the SRO and additional police officer requests until we begin discussions with the county. Further, he stated the more we fund at this point the larger the problem becomes. Council Member Reid stated he would support an additional police officer, but would not support the additional SRO position. Council Member Dunn asked if any other Towns in Loudoun County provide SROs for schools within their corporate limits. Chief Price verified the other Towns do not provide those officers. Council Member Dunn stated this goes along with a practice that was started 15 years ago. He stated the Sherriff's Department could do just as good of a job in staffing these positions. He stated many of the students who attend school in Leesburg are county residents. He stated the Leesburg Police Department has an objective to have 2.5 officers per 100 residents requiring an additional 20 officers phased in at a rate of four officers per year for the next five years. Chief Price stated the 20 officers per year is a goal and the four officers a year is outlined in our staffing plan; however, that is contingent on the economic situation. Council Member Dunn stated sometimes safety supersedes economics. He stated he needs the safety goals. Town Council Work Session of Aoril 12 2010 Paae 8 Chief Price stated his overall safety goal is to provide the best level of community safety that he can. He stated the change in nature of the community and criminal justice picture does give reason to move towards the 2.5 level. Council Member Dunn stated if we were maximizing our county tax dollars we should work with the county to transfer the SRO duties over to the Sheriff's Department over time. He verified this would provide five additional officers that could then be put on the streets. He stated while our officers have done a good job, this is something that we need to look at as it is time for the county to provide the SRO officer for Tuscarora High School. Further, he stated from previous discussions it seems like the communication level is good with the Sheriff's Department in that they would brief our officers on any intelligence that would be valuable to the Leesburg community. Chief Price stated the global communications are good with the Sheriff's Department; however, they would not necessarily be able to focus on the Leesburg Community as the Pu rcellville Police Chief experiences in his town. Further, he stated Sheriff Simpson has indicated that he does not have the funding available to provide SROS in the Leesburg schools; therefore, there would be none. Council Member Dunn stated this transition would happen over time. He stated he believes the county should fund the SRO for Tuscarora High School and should evaluate the opportunity to transfer the function in other schools to the county as well. He stated if there is a gap in communication regarding local community information then that is something for the Town to consider. Further, he stated he would support the request for one additional police officer. Council Member Wright stated our increase in SRO funding from the county assumed that we would provide the position for Tuscarora High School; however, if we were to not fund that position he verified the additional funding would most likely not be provided. Vice Mayor Hammier stated the total cost for the SRO positions is $804,661 while only $299,000 is reimbursed by Loudoun County. Chief Price stated that is a county decision and it is his understanding within the county budget that the $299,000 was for six positions. Council Member Butler stated he would not be surprised if they attempted to take back the $49,000 if the Town did not fund the SRO position for Tuscarora High School. Council Member Wright asked the process for the county to hire an additional officer to staff Tuscarora High School given their budget has already been adopted. Mr. Wells stated he would recommend that they not provide the additional $49,000 because there was an agreement regarding the formula for reimbursement. He stated they would have to add an additional officer to the budget through the Board of Supervisors. Town Council Work Session of April 12 2010 Paoe 9 Vice Mayor Hammler stated she tends to think that we have an extraordinarily important strategic issue in that we have always bent over backwards to provide schools sites for the county; however, we are currently operating at a deficit with the SROs. She stated the county will choose to do what it will after our vote and if they choose not to fund an SRO for Tuscarora High School then perhaps we could split resources with Smarts Mill Middle School as Tuscarora will not be at full capacity. She asked if this would be possible. Chief Price stated all of our SROs are also serving as liaisons to the elementary schools. Vice Mayor Hammler asked if it would be possible for Officer Pearson to additionally serve Tuscarora High School if it came to that. Chief Price stated in conversations with the Superintendent's office, their preference is for the high school, not middle school level. He stated their request would be to assign Officer Pearson to Tuscarora and then ask him to cover Smarts Mill as best he can. Council Member Martinez stated he would not want to do anything to jeopardize the cooperative relationship our police department has with the Sheriff's office. Council Member Reid verified the SRO positions in Fairfax County are staffed by the Fairfax County police department, not the Town of Herndon or Town of Vienna. He stated he supports an additional officer on the street; however, he feels the County should provide the SRO at the Tuscarora High School. Mayor Umstattd asked if the SROs are on the streets with the rest of the officers during the summer months. Chief Price stated the officers are either on the street or running the specialized programs for youth in the community. Mayor Umstattd verified the SROS were deployed outside the school during the hostage situation last summer. Council Member Reid stated it is his understanding that the SROs are only on the street full time for four weeks out of the summer. He stated it seems 90 percent of the time is taken up by the schools work. Chief Price stated that is true if you count the summer camp work as SRO duties. He stated not every SRO works with the camps. He stated depending on [he size of the camp group, two or three SROs may be with them while the others are on special detail. Mayor Umstattd stated it seems we have general support for one additional officer; however, what that officer's duties are is still up for debate. Council Member Dunn stated there are a number of positions he has noticed that are listed with a funding level of $0. Town Council Work Session of Aoril 12 2010 pane SO Mr. Wells stated those are listed for historical reasons to show expenditures from a prior year; however, the position no longer exists. Council Member Dunn stated he was concerned that the positions were left in for future funding. He verified the only proposed new position is within the police department and any position listed as "frozen" will not be filled this coming fiscal year. Mr. Wells stated if vacancies occur, they will be analyzed as they come up. There was further discussion of frozen positions. Council Member Dunn asked if Council had discussed proposed cuts before he arrived. Mayor Umstattd stated five Council Members expressed support for the $0.195 tax rate. She stated Council Member Reid and Vice Mayor Hammier discussed budget objectives and there was consensus to review these at a future work session along with a discussion regarding the County-Town relationship. She stated all Council Members had the opportunity to bring up cuts; however, there was not a consensus for any cuts beyond what Mr. Wells had proposed. Council Member Dunn stated the areas he focused on in the budget did not impact services to the community; rather, he focused on internal spending such as training, travel, lunches and publications. He stated he also feels our funding can be more than met for our budget concerns at an $0.185 tax rate and still meet the needs for extra police, CIP needs and reducing our debt. He stated over the last few years we have had total budgets of $108 million and now we are down to $91 million without a loss in service, which says that the $17 million cut were taxpayer dollars that could have been managed better. Further, he stated Mr. Wells mentioned we did not have to vote on this tomorrow night. Mr. Wells stated Council can choose to vote on both the tax rate and budget tomorrow night or vote on one or both at the next meeting. Mayor Umstattd stated it seemed to be the consensus of Council to vote on both items tomorrow night. Council Member Dunn stated he does not know what the rush is. He stated he did have a more questions; however, he was late arriving because of the traffic. Council Member Butler stated Council Member Dunn mentioned that we raised taxes and [he tax rate last year; however, the tax rate was increased, but we still provided a tax cut to the average homeowner for the fourth year in a row. Council Member Dunn stated 30 percent of the homeowners had their taxes increase. Council Member Butler stated we had that discussion before Council Member Dunn arrived that when you have a taz cut it reduces the average tax bill, but cannot reduce the bill for everyone as we have no input in the assessments. He stated it is the same at the state and federal level. He stated this will be the Town Council Work Session of Aoril 12 2010 Paoe 11 fifth year in a row that we have reduced taxes for the average homeowner. Further, he stated the fund balance is not a surplus, rather it is a savings account to carry us for four months if necessary and is designated for certain purposes. He stated this money does belong to the taxpayers; however, if we give it back in the form of a tax rebate then it will make it more difficult in future years to continue to reduce the average tax bill. Council Member Wright clarified the taxes fund the General Fund so to look at [he impact of taxes you should look at just the General Fund and not at the budget as a whole. He stated the FY 2009 General Fund budget was $44.8 million, the FY 2010 General Fund budget is estimated at $45.7 million and the FY 2011 proposed General Fund budget is $46.5 million. He stated the total budget number is not a reflection of what the taxpayers are paying, rather it is a reflection of the operation of the whole Town, including taxes, capital and enterprise funds. Council Member Dunn stated it comes down to a fundamental difference in what the role of government is. He stated if one believes government should be doing more for one person than they can do for themselves, then one would want higher taxes to pay for that. He stated he believes that people should have the choice to do for themselves what they please and it should be government's role to do the basics to provide for the health, safety and welfare of the community. He stated it is interesting that during times of decreasing market values we talk about equalized rate; however, we do not talk about this when market values are increasing. He stated he believes the Town can do just fine with a lower tax rate by setting priorities. Council Member Martinez stated Council has worked hard to reduce the tax rate each year since he has been on Council and he believes government's role is to provide for the community collectively what we cannot do individually, such as constructing roads. Council Member Dunn stated the government's role is health, safety and welfare of the community and part of that is providing roads. He stated the rate was maintained at 22 cents when market values were soaring. Council Member Reid asked if there is still funding in the budget for the Nedhawk, Debuke & Packet contract for economic development. Mr. Wells stated it is still in the budget, but it has been reduced by several hundred thousand over the last two of years. Council Member Reid stated he believes we should further reduce memberships and advertising. Further, he asked in what way is staff using the Costar service. Mr. Wells stated he would provide a memo with that information. It was verified the $14,862 to the Northern Virginia Regional Commission is the Town's membership fee. Town Council Work Session of Aoril 12 2010 Page 12 b. Free Use of Ida Lee Recreation Center for Firefighters Rich Williams stated currently there is a program at Ida Lee that allows free use of the recreation center by members of the Volunteer Fire & Rescue Squads 1, 20 and 13 while on active duty. He stated additionally, the volunteer fire & rescue squads receive a 20 percent discount on the purchase of membership for the recreation center for use on their personal time; however, that does not extend to their family members. He stated currently four individuals have taken advantage of the discount, one is a Town resident and three are non residents. Council Member Reid stated the firefighters asked that this be discussed. He stated Mr. Williams provided him information regarding the potential for a volume membership discount. Mr. Williams stated there are three options proposed, (1) leave the discount as it currently is, which is the same as what is offered for active duty military and our Leesburg Police Citizens Support Team, (2) provide a flat rate increase in the percentage of the discount, or (3) we could provide a program similar to what is provided to our corporate members in that we incentivize the group to bring in more members taking advantage of the program which provides a greater discount for those taking advantage of the program. Council Member Reid asked if that would apply to just the volunteers or the volunteers and their families. Mr. Williams stated that would be up to Council discretion. Council Member Reid asked if the Parks & Recreation Commission discussed this at their meeting last Saturday. Mr. Williams stated unfortunately he was ill last Saturday and was not able to bring up this discussion. Vice Mayor Hammler stated she attended the meeting and presented this proposal. She stated the Commission did not resolve anything specifically, other than they would like time to take a close look at the issue. Council Member Reid stated he has not spoken to the Rescue Squad; however, the volunteer firefighters felt they could easily get 30 members to join and perhaps their families too. He stated he would support the volume discount program as it is cash positive for Ida Lee. Further, he stated he would like to begin this July 1 and asked if it would have [o be part of the budget discussion. Mr. Wells stated this could be voted on at a future meeting and would not need to be part of the budget. Vice Mayor Hammler stated the one majority comment of the Commission was that certain times of day may need to be designated given the potential impact. Council Member Martinez stated he would want the Commission to make a recommendation before Council votes on this issue. Town Council Work Session of April 12 2010 Paae 13 Mr. Williams stated he would recommend that Council allow the Commission to make a recommendation to be brought back to Council. Council Member Reid stated if we do this it should begin July 1. Mr. Williams stated it could be moved along quickly. Council Member Dunn stated he would be in favor of providing free membership for the volunteers whether they are on duty or not. He stated for those who give the most to our community this is a small token, especially given the example of just last night when there was a fire in the community. Further, he stated perhaps they should be asked to provide a list of volunteers every six months before the membership is issued, but the members should be given free membership with a possible discount for the families. Council Member Butler stated he would be willing to entertain the options. Council Member Wright stated the companies mentioned are staffed partially by career offcers and asked how they are handled. Mr. Williams slated if someone comes in wearing their uniform they are not asked if they are career or volunteer; however, the discount program applies only to volunteers. Council Member Wright asked that Mr. Williams provide information regarding whether the county has a similar program for use of Claude Moore Park. He stated he would like to better understand what is generating the request. Further, he asked if action would be needed from Council if it was simply decided that they would choose the corporate bulk purchase option. Mr. Williams stated there would need to be action to modify the current resolution in place giving the 20 percent discount. Vice Mayor Hammier stated she would like to be consistent with the county's plan. Council Member Martinez stated he feels that Town residents should get the better price as they fund the center. Council Member Reid verified the bulk discount would still have the differential for non-town residents so they would still pay more. He stated he is sorry this was not discussed at the last Commission meeting. He stated he emailed his representative on the Commission who expressed support for the proposal. He stated it would be nice to get the Commission's input; however, he would like to take care of this at the next Council Meeting. Council Member Martinez stated he would vote after hearing from the Commission. Council Member Wright stated if we want a July 1 start date as Council Member Reid proposed, then there is no reason not to wait for the Commission's recommendation. Town Council Work Session of Aoril 12 2010 Paoe 14 c. Max Court Update/Discussion Kaj Dentler stated Council Member Martinez brought forward citizen concerns regarding noise on Max Court in the Evergreen Meadows subdivision. He stated staff looked into the proffers for the development which provided for a noise study that was conducted, but sound walls were not required. He stated there were improvements including an earth berm with a wood fence to a height of between six and ten feet. He outlined the site and stated more trees could be installed; however, there are challenges with dry pond areas. He stated if we were to look at sound walls we are looking at a preliminary estimate of $2 million. He stated staff suggests placing trees in areas where appropriate. Further, he stated the sound wall would not qualify for VDOT or federal assistance. Council Member Martinez stated there are issues with echoing now that VDOT has removed the trees on the other side of the bypass. Further, he stated there was discussion that VDOT had finalized the design plans for widening the bypass and asked if staff had further information regarding those plans. Tom Brandon stated a contract has been awarded for the design. He stated VDOT is concentrating on the Sycolin Road intersection right now; however, there is a concept design for the widening from Market Street to King Street. Council Member Martinez asked if VDOT would be responsible for installing a sound wall once the bypass is widened. Mr. Dentler stated a study would need to be conducted to see if the noise levels meet the requirements for a sound wall. Council Member Martinez stated he knows there is not much we can do other than installing trees until the bypass is widened. Vice Mayor Hammler asked if the homeowners association has taken action. Mr. Dentler stated some of the homeowners have installed trees on their property. He stated once we identify appropriate locations we can provide that information to the homeowners association to install trees or we can plant the trees. Vice Mayor Hammler stated it is the homeowners association's property. Mr. Dentler stated he is not making any recommendations, rather he is just providing options. Council Member Wright stated a portion of the trees in the area were taken out for the transmission lines, which provides a change in the situation for the western corner of the site. He stated the concern he has heard most from the residents is that there is a portion of the neighborhood with no buffer from the Greenway ramp or the Bypass. He asked if we can plant in the dry pond similar to other programs we have done. Mr. Mason stated the dry pond can be planted between the two and ten year storm surface along the bank. Town Council Work Session of April 12 2010 Page 15 Council Member Wright stated trees will not do a lot; however, we have tried to look at a grant funded project for this area to plan[ in the dry pond similar to what was done in Kincaid Forest. He stated with the number of trees down from the storm and the trees removed for the transmission lines there are more areas along the bypass where we are hearing noise complaints. He stated Mr. Mason had mentioned in an email that there are different paving materials that bring the noise levels down as well as a sound wall and asked the status of that technology. Mr. Mason stated a noise study would need to be conducted to see what effect that would have. He stated part of that will be done during [he bypass widening analysis. He stated everything in place today met the standard for what existed at the time of installation. Council Member Wright stated if a new study was conducted today would the sound exceed the acceptable threshold or would it still be within the normal range. Mr. Mason stated he does not have that information. He stated a study was conducted by a consultant on South King Street which also measured future noise levels if traffic were to increase or if the road were to be widened. He stated a similar study is needed for this area. Council Member Wright asked if he is correct in that there is technology available to minimize the noise with the asphalt. He stated there are some areas around the bypass where there is no buffer and this could be an alternative to constructing sound walls all around the Town. Mr. Mason stated there is an asphalt mix that does reduce the noise which will be evaluated along with other options. Council Member Butler stated when he spoke with the residents of Max Court, he found the noise was a concern; however, they felt the larger issues were the direct view of the bypass and the fact that the wet ponds had become dry ponds as they had paid a premium for the water view. He stated trees might be an effective solution. He stated to Vice Mayor Hammler's point, he was told that the residents did approach the HOA; however, since they represent a small portion of the community the HOA was not willing to spend money on trees. Further, he stated he would like to take this situation to the EAC for their recommendations. Council Member Dunn verified the development was completed in 2006; however, these homes were constructed in 2004. He stated another item to be included in the noise study is [he airport as he has heard complaints from the citizens regarding the airport noise. Council Member Reid stated he would support the Town planting trees in the neighborhood. Further, he verifed there are no bonds still being held for the community. Mayor Umstattd stated she would support facilitating the planting of more trees. She stated the HOA probably does not have the resources to do much, which is why they have not been as responsive. She stated on Wage Drive they Town Council Work Session of April 12 2010 Paoe 16 felt the removal of trees caused more noise for them. Further, she stated as Dominion Virginia Power removes more trees we will most likely receive complaints from other residents. Council Member Dentler stated staff will engage the HOA and homeowners and seek recommendations from the EAC. Council Member Reid stated he would like to plant trees all along Evergreen Meadows and the bypass. He stated it would beautify the bypass and provide residents a better view. He stated he would also like to do that behind the Stratford development. He stated we have funds for Battlefield Parkway, but could use more tree canopy along the bypass. Further, he stated the SAGE program might be goad too once the economy improves. d. VML Committee Assignments It was the consensus of Council that the representatives would be as follows: Economic Development -Vice Mayor Hammler Finance -Council Member Wright Environmental Quality -Council Member Butler General Laws -Council Member Martinez Human Development & Education -Council Member Dunn Transportation -Council Member Reid e. Rules of Order/Agenda Setting Process This item was deferred to Tuesday night. 2. Additions to Future Council Meetings Council Member Reid stated he received an email from ARC of Loudoun asking that a letter be sent to the Board of Supervisors in support of their application for taz exempt status. He asked if this has to be taken up tomorrow evening or if it could be discussed at a future meeting. Mr. Wells stated the county has a process in place for administrative approval of non-exempt status by definition so the Board of Supervisors does not need to take action on this item. It will be approved administratively. 3. Closed Session On a motion by Mayor Umstattd, seconded by Vice Mayor Hammler, the following was proposed: MOTION Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia I move that the Leesburg Town Council convene in a closed meeting to discuss a potential real estate property acquisition. The motion approved by the following vote: Aye: Butler, Dunn, Hammler, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) Council convened in closed session at 9:55 pm Town Council Work Session of Aoril 12 2010 Paae 17 The Council reconvened in open session at 10:31 pm and the following motion was proposed by Mayor Umstattd, seconded by Vice Mayor Hammler; MOTION In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify 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 vote: Aye: Butler, Dunn, Hammler, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 4. Adjournment The meeting was adjourned at 10:38 p.m. ~1 /I ~t~k.~ ~ . ,, ' Clerk of C u cil 2010_[cwsmin0412