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HomeMy Public PortalAbout2010_tcwsmin0426Council Work Session April 26, 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: All Present Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manger Kaj Dentler, Finance Director Norm Butts, Director of Planning & Zoning Susan Berry Hill, Director of Utilities Randy Shoemaker, Director of Public Works Tom Mason, Deputy Director of Capital Projects Management Renee La Follette, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, Project Manager for Capital Projects Design and Engineering Tom Brandon, Senior Capital Projects Engineer Paul Webster, and Business Retention Coordinator Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: a. Capital Asset Replacement Reserve John Wells stated prior to the presentation of the budget, we discussed the notion of establishing a Capital Asset Replacement Fund as part of good financial management. He stated this is to ensure the long-term viability of the Town's assets and provide for an orderly way to fund and maintain them. He stated this is one of the ICMA and GFOA critical measurement factors in looking at fiscal trend monitoring and it is also a question that comes up from time to time by the bond rating agencies. He stated one of the challenges in difficult financial times is maintaining adequate funding to address the maintenance of assets as many replacements, such as a HVAC system can be expensive. He stated many local governments, such as Loudoun County set up a Capital Asset Replacement Fund by identifying the overall asset value of the organization across all funds and set a fixed funding level so that each year a certain amount of funds are committed to maintenance with the idea that over a period of time sufficient funds are available as items come up. Further, he stated it also avoids a negative impact on the tax rate by absorbing the cost of maintenance within current operations. Mr. Wells suggested that an initial investment of $1.5 million of unreserved fund balance be set aside as the initial funding commitment for this reserve. Vice Mayor Hammler asked if a list of projects within each department would be identified for Fiscal Year 2011. Mr. Wells stated staff has a specific list of project that could be provided with a schedule through Fiscal Year 2016; however, the idea is to look at the first five years, identify the funding and determine how Council can ease into this funding program. He stated the funding level for this type of program is typically set at the 1.5 to 2.5 percent of the asset level and the $1.5 million would put us at slightly over two percent. He expressed the importance of easing into the Town Council Work Session of April 26, 2010 Page 2 program to achieve funding for future years without upsetting the budget. He stated staff suggests in FY 2012 that a four year plan be initiated to gradually achieve a 1.5 percent reserve level or $967,000. He stated using the initial $1 million in funding as well as general tax dollars, enterprise funds, grants, donations and trusts we would start at $241,000 in FY 2012 and then double that amount until we reach the $967,000. He stated other options could be considered as we go through .the first year of the program. Council Member Dunn verified the FY 2011 funds will come from the undesignated fund balance. He asked if the specific projects have been identified. Mr. Wells stated some projects have been identified by the departments; however, the idea is using these funds to replace equipment that is on a schedule to be replaced or have reached a point where they do not work. He stated this provides a way to maintain the fixed asset inventory across the board. He stated there is $1.1 million in projects that could be spent in FY 2011. Council Member Dunn stated we have 15 percent in our reserve, 2 percent in the revenue stabilization fund and now we are looking at approximately 2.5 percent of the fund balance for this fund. He verified at this point if needed for maintenance, funds would come from the departmental or public works budget. Further, he expressed concern that we have so many reserves as these are taxpayer's dollars that are set aside. Mr. Wells stated this is not a reserve where funds are not spent. He stated this money would be spent on a regular basis funded over time. He stated we are not stockpiling money; rather, we are setting the money aside for maintenance and replacement costs so we are not caught by surprise. Council Member Dunn stated now as items come up we look for ways to fund them; however, he is concerned that if we set this money aside that we will begin looking for ways to spend it. Council Member Reid verified Loudoun County has this type of fund. He asked if the fund is working well there as the County seems to be in arrears. Mr. Wells stated the Capital Asset Replacement Fund is not representative of their budget. He stated this is good financial planning for the long term. He stated he would also recommend establishing a second fund for vehicle replacements. He stated we like to put off replacements of vehicles for as long as we can; however, as Vice Mayor Hammier discovered in her recent tour, some of our vehicles have been stretched out longer than they should. Council Member Reid asked that staff provide the names of towns that have this type of fund. He stated some members of the Technology and Communications Commission have expressed concern with how the PEG funds collected from the Cable Companies are being used. He stated there is a law that they have to be used for a telecommunications purpose. Mr. Wells stated in his memo he was referring to other grant sources not the PEG funds. Town Council Work Session of April 26, 2010 Page 3 Council Member Reid stated we have the donation, when it is received, to fund maintenance for the Thomas Balch Library. Mr. Wells stated specific recommendations will be made for that funding once it is all received. Council Member Reid stated he fully supported this proposal when it was first discussed. He stated he is concerned and does not want this to be a pile of money waiting to be spent; rather, it needs to be used for priority items. He stated the donation should be the capital asset fund for the Thomas Balch Library. He stated we have a Capital Improvements Program and those projects on Town property are completed quickly because there is need to acquire easements. He stated he does not want this money to take away from residents who are waiting for sidewalks or trails. Mr. Wells stated that would not be the case. Council Member Reid asked that Council be briefed on the PEG funding. Council Member Butler asked if funding this program would lead to a net decrease in spending or would spending be the same. Mr. Wells stated the spending would be more orderly. He stated staff will not look for ways to spend the money; however, it would be used when the roof needs to be replaced or for other maintenance items. Council Member Butler asked the historical spending level for these types of items. Mr. Wells stated the last couple of years no maintenance funds have been expended. He stated this is part of the growing delinquent list that was referred to during the budget discussions. He stated he could look in to the previous years and provide that information. Council Member Butler asked if the fund would continue growing or if it would be capped at some point if the funds are not needed. Mr. Wells stated as we develop this we will find a 20 year cycle. He stated roofs, HVAC systems and parking garages have a life cycle. He stated as we find the equilibrium we will adjust the funding percentage. He stated easing into this funding will give us an overall better view and will avoid surpluses at the onset. Council Member Wright stated in the previous budget we had a $367,000 line item for repairs in the Utility Fund which caused aone-time spike in the budget and precipitated this discussion. He stated this will also provide clarity in that there is concern with our level of fund balance and also allows us to manage the money in a proper manner to avoid the one-time budget spikes. He stated as this is implemented it would be a portion of our operating budget, but would allow us to have a true operating budget that is not subjected to spikes from HVAC or roof repair. He stated he supports the implementation of this program; Town Council Work Session of April 26, 2010 Page 4 however, there are a number. of items in the backlog and he is concerned with the thought of doing all of those projects in one year. Mr. Wells stated he would want to review the list of projects with staff before final appropriations were made. Council Member Wright stated rather than allowing ways to spend money, this provides clarity as to why we have funds in the "savings account" and what they should be used for. He stated he supports this; however, he would like to see further information regarding implementation. Vice Mayor Hammler verified the vehicle replacement fund would be separate from this. She stated she appreciated Council Member Butler joining her as she and Greg Phillips from the Tire shop looked at the vehicles scheduled for replacement this year. She stated Mr. Philips thought it was interesting that there were no labor rates attached to the maintenance records and Mr. Wells is looking into this issue. She stated that information is needed to determine the point at which you reach diminishing returns on the vehicle. She stated in this instance she would like to ensure that we have maintenance records for our items in the capital asset replacement program with labor rates and that we have reviewed the records to determine the residual value at the optimum breakeven point. Mr. Wells stated this will be slightly different as we are dealing with roofs and parking lots; however, additional information could be provided regarding the useful life, the age, what is the expected replacement schedule and what maintenance has been performed. Vice Mayor Hammler questioned from an overall maintenance perspective, whether the policy of repairing everything in house is cost effective and requested some additional analysis. She stated she agrees this is good financial planning and should be started as soon as possible. Council Member Martinez asked what benefits we would realize from this program. Mr. Wells stated we could address the facility needs for all buildings around Town and also we can avoid unexpected longer-term costs through a normal maintenance cycle. Council Member Martinez verified this would continue to improve the overall health of the Town's bond rating. He stated he is supportive of this proposal. Mr. Wells stated the recent snow storms provided us with information regarding the status of our snow removal equipment. He stated the 20-year old snow blower used at the airport had to be brought downtown when the other snow blower broke down and was also taken to Lucketts to assist VDOT with snow drifts. Council Member Reid asked when information is brought back regarding other towns with this type of fund he would also like information on how the program is used by Loudoun County. Further, he asked if there was an opportunity for reciprocity for the snow removal expenses. Town Council Work Session of April 26, 2010 Page 5 Mr. Wells stated staff is looking into various options regionally with other municipalities. Council Member Dunn asked what the general reserve is used for. Mr. Wells stated this money saves the tax payers from the costs of short-term borrowing if revenues fall short and deal with catastrophic situations. Council Member Butler verified a resolution on this item is expected in June. b. Sycolin Road Phase II Design Change Order Kaj Dentler stated this item is to allow staff to move forward with the design and engineering work for Phase III of the Sycolin Road widening project. He stated this phase is from Battlefield Parkway to Hope Parkway and a change order to the Phase II contract is needed in order to move forward. He stated Phase II will begin construction soon from Battlefield Parkway to Tolbert Lane. He stated there is no funding for Phase VI from Tolbert Lane to the southern corporate limit; however, when we reach that point the contract may need to be rebid. Council Member Reid asked when construction of Phase III would begin. Mr. Dentler stated design and engineer work would begin after Council approval with construction in the fall of 2012 to be completed winter of 2013. He stated construction of Phase II will begin this summer. Council Member Reid stated he received an email today from an individual expressing concern with traffic on Sycolin Road and stated he wishes there was something that we could do to accelerate Phase IV. He stated making turns at the Tavistock Drive intersection has become a problem since the opening of the park-and-ride lot; however, the traffic study shows it does not meet the warrant for a traffic light and may not meet the warrants for a temporary left turn lane. He stated he wishes the phases could be reprioritized. He stated Tolbert Lane does not see as much traffic and the Hope Parkway section should be done next. He asked if Phase III could begin before Phase II. Mr. Dentler stated Council authorized the installation of a temporary traffic signal at Hope Parkway which will be installed this winter. He stated Public Works is currently looking into the option of restriping. Council Member Reid asked the projected completion date of Phase VI. Mr. Dentler stated there is currently no funding for Phase VI. Council Member Reid stated when he first moved here and began talking with Calvin Grow about traffic issues he was very puzzled about why Sycolin Road would be widened, but there was proffer money. He stated now that growth is happening with the park-and-ride lot and Bolen Park we will need the four lanes very quickly. He stated if there is some way to install a dedicated temporary left turn lane at Tavistock Drive within the next year it would be very helpful. He stated Council approved something similar in 2003 to add a left turn lane at Lawson Road and Sycolin Road. Town Council Work Session of April 26, 2010 Page 6 Vice Mayor Hammier verified the project is on schedule. Council Member Reid asked if there are any remaining funds from Phase II, could those funds be used for a temporary left turn lane at Tavistock Drive. Mr. Dentler stated that would be Council's decision. Council Member Reid asked that staff look into the issue as it will be expensive. c. County-wide Transportation Plan Susan Berry Hill stated the Planning Commission has made recommendations on the draft plan which were forwarded to the Loudoun County Board of Supervisors for their public hearing on April 12. She stated after the hearing the draft was returned to their Transportation and Land Use Committee, which is where it is now. She stated the committee is scheduled to discuss the draft again in May. She stated staff anticipates action on the draft by the Board in June. She stated there is an opportunity now to send additional comments from Council to the County if there are additional considerations. Ms. Berry Hill stated priorities emphasized by the Town in our referral were the climbing lane on Route 7 from West Market Street to Route 9 and the Sycolin Road Overpass, both of which are listed as priorities in the draft document with intermediate timeframes, which is 2016-2020. She stated other changes made to the draft as recommended by the Town include the consideration of a grade separated intersection at North King Street and Route 15, four lanes for both segments of Battlefield Parkway from East Market Street to Business Route 15. She stated the Town recommended changes in the text to include the extension of rail service to Leesburg, a divided ultimate intersection of the Bypass and Fort Evans Road, consideration of a commuter bus route for North Route 15 between Point of Rocks and Leesburg and a note regarding the bike path planning in Leesburg. She stated a majority of the recommendations we made were included in the plan; however, two were not included; the Crosstrail extension from Route 621 to Route 15 was discussed by the County Planning Commission; however, the current construction in this area and the topography including Sycolin Creek makes the alignment difficult. The other item not included was to consider a dedicated bus/truck lane on Route 15 between Point of Rocks and Leesburg; however, the County Planning Commission took no action on that recommendation as Route 15 is a historic road and the county-wide policy for areas west and north of Leesburg is to plan for more rural roadways. Council Member Dunn expressed concern with the County portion of Edwards Ferry Road. He stated the opening of Battlefield Parkway next year will provide some relief; however, right now it is a very busy stretch of road and the quality of it is questionable. Ms. Berry Hill stated the Town did not make any recommendations for Edwards Ferry Road. Town Council Work Session of April 26, 2010 Page 7 Council Member Dunn stated the Balls Bluff Veteran's Administration Road and Dry Hollow Road are blocked off currently and asked that they be considered for trails in the future. Council Member Reid asked if the Town had requested the realignment of Crosstrail Boulevard near Kincaid Forest. Ms. Berry Hill stated realignment was discussed; however, the County plans for Bolen Park would not permit the realignment. Council Member Reid stated the residents of Rhonda Place will not be happy. He stated he suspected there would be difficulty extending Crosstrail Boulevard to Route 15; however, where there is a will there is a way and if they wanted to do it they could. He stated he appreciates the fact that the County will support bus service on Route 15 North between Point of Rocks and Leesburg in the future; however, he does not see how you can add bus service without increasing capacity as the buses will sit in the traffic that exists today. He stated the problem is the County is not looking at the future for Route 15 and the only time they take action is when there is a fatal accident. He stated this is the third Board that has completely sidestepped the issue of cross-river traffic to Maryland. He stated he is also concerned with the traffic through Hillsboro from West Virginia which he is sure they are ignoring; however, we did not address that as it is remote from Leesburg. He stated he could support submitting the same letter with Council Member Dunn's recommendation for Edwards Ferry Road as that has been discussed in the past. He stated the Board is in denial as the residents of Leesburg and River Creek utilize this winding road that is dangerous and unless something is done to straighten it or add capacity there will be accidents and the same could be said for Route 15. He stated despite VDOTs efforts in adding the guardrails after the Muse children were killed, it is still not a safe road. Further, he stated there are going to be 25,000 vehicles a day on Route 15 and not adding capacity for trucks and busses is just putting your head in the sand. Council Member Butler concurred with the comments regarding Edwards Ferry Road. He stated he agrees with the County Planning Commission on Route 15 as we can widen the road; however, if Maryland does not do the same then there will be no relief. He stated even if it were widened to six lanes Maryland and Pennsylvania would just build more houses with more drivers to clog the road. Further, he stated he also concurs that widening the road would destroy the character of northern Loudoun County. Council Member Wright stated the plan still shows Trailview Boulevard through the flood plain and he thought we were working with the County to ensure that their plan matched ours as we are working to correct that. He stated he would assume that Trailview Boulevard in Loudoun County would stop at Crosstrail Boulevard. He stated the other item is the portion of Battlefield Parkway alignment at South King Street does not look as if it will intersect with Meade Drive as it should. He stated the other item of concern is the Route 7 climbing lane as we are looking at that as a quick solution to move traffic up the hill towards Route 9; however, VDOT has a plan to use the median for an extra lane and thereby cut off the median breaks for people entering and exiting their neighborhoods. He stated this needs to be viewed as a scalable efficient solution and not a political battle to go on for years. Town Council Work Session of April 26, 2010 Page 8 Vice Mayor Hammler she asked how the County plans to address the triangle north of town where Business 15 and the Bypass intersect. Ms. Berry Hill stated no specific information is listed, just a note that an interchange will be considered. Vice Mayor Hammler expressed concern that many young drivers will be traveling through this area during heavily congested times once Tuscarora High School opens in the fall. She stated it has been measured that we receive 50,000 vehicle trips per day in Leesburg and we are spending our own Leesburg tax dollars to provide relief. She stated she understands this plan does not deal with funding sources; however, she keeps coming back to the idea of a toll booth at the bridge coming from Maryland to capture the commuter traffic if we cannot find other solutions. Council Member Martinez stated he also believes we should place a toll on Route 15 for the drivers coming from Maryland and Route 9 as well. He expressed concern with the number of roads coming into Leesburg that are two lanes with no shoulders and he has not heard any plans to improve those as they are dangerous. He stated Evergreen Mill Road needs to be looked at as there are churches, neighborhoods, three schools and Freedom Park along that road. He stated Route 15 North is also a very dangerous road. He stated he would like to see Crosstrail Boulevard open soon; however, he realizes that is just a wish and he is glad that Phil Bolen Park will open soon. Council Member Reid stated other Council Member's have brought up some great ideas and some shocking information. He asked Council Member Wright if VDOT is seriously looking at closing off the median breaks on Route 7 West between West Market Street and Route 9 for the climbing lane. Council Member Wright stated VDOT is considering building the climbing lane in the current median which would provide for a narrower median and reduce the shelter space for a car to cross Route 7. Council Member Reid suggested that Council adopt a resolution to oppose that option as the residents of Leeland Orchard Road will not be able to exit their neighborhood. He stated he had discussed this with Supervisor Sally Kurtz who stated a plan would be looked at to construct a service road connection for the cross streets. Council Member Wright stated he would rather wait for a more in depth briefing from VDOT before taking action. Council Member Reid thanked Council Member Martinez for his comments regarding the need to review the routes coming into Leesburg. He stated Council Member Martinez was the one who raised this issue in 2006 when the resolution was passed. He stated all of the approaches should be mentioned in the letter. Further, he asked if Council would consider a rotary option for the intersection of Business 15 and the Bypass. Mayor Umstattd stated it would be less expensive than an interchange. She stated she concurs with Vice Mayor Hammler's comments about the dangers of Town Council Work Session of April 26, 2010 Page 9 this intersection for the young drivers from Tuscarora High School and she would want to support the safest option for them to be constructed as quickly as possible. Ms. Berry Hill stated she has a young driver and does not allow him to exit Town through that intersection. She stated she believes it would be a good idea to study safer options and perhaps the construction of a rotary. Vice Mayor Hammler stated VDOT was going to look at this intersection proactively when Loudoun County Day School was considering the site for their campus; however, Loudoun County then condemned the site for Tuscarora High School and no one has discussed this intersection since. Council Member Reid stated there wouldn't have to be a separate lane added to Route 15 North for the buses and trucks, there could be a separate road such as the Lucketts Bypass that was previously considered. He stated he would like the Board to look at the whole Route 15 corridor and feels the rotary would add some safety measures. He asked if there were any problems associated with the rotaries constructed at Route 15 and Route 50. Ms. Irby stated she drives through that area everyday and the rotaries work fine. Mayor Umstattd stated it will be critical to look at the triangle area this fall and asked staff to report back with a cost for constructing a rotary in that area as it is the most pressing safety project. She stated the second concern is the climbing lane on Route 7 west and asked how much that project would cost. Ms. Berry Hill stated she does not have that information. Council Member Wright asked that Council receive a briefing from VDOT on the climbing lane. Council Member Reid concurred with Council Member Wright's comments regarding Trailview Boulevard stating the prospects for building it are so remote. He stated he also believes we need the County to look at the approaches to Town as Council Member Martinez suggested as well as the Route 15 triangle area suggested by Vice Mayor Hammler. Vice Mayor Hammler stated a top funding priority for the Town is the Meadowbrook section of Battlefield Parkway and she would like to see language suggested to ensure it ranks as high as possible because it currently has Town taxpayer money allocated as early as this fiscal year. She stated there may be some language that will help us help our state legislators and others working hard for us right now to get funding. d. Award of a Civil Engineering Continuing Services Contract Water Treatment Plant Chloramination Project Mayor Umstattd stated public education will be needed before moving forward with this as residents will have to purchase special drops for their aquariums since the chloramines will not dissipate. Town Council Work Session of April 26, 2010 Page 10 Randy Shoemaker stated there are two issues that are interrelated and interdependent. He stated the first issue is continuing the Continuing Engineering Service Contract with Hazen & Sawyer for specific Utility Fund projects we have such as crack repair, equipment replacement, Cattail Branch Pump Station and odor control measures. He stated the contract would be limited for a task not to exceed $100,000 and a total to not exceed $500,000 per year. Mr. Shoemaker stated the second issue to discuss is the chloramination project for the Water Treatment Plant. He stated this would be the first task for Hazen & Sawyer if Council awards the contract. He stated the Department of Environmental Quality (DEQ) has adopted regulations as has the Environmental Protection Agency (EPA) referring to Stage II disinfection byproducts. The initial THM threshold was 100 parts per million for and quarterly samples were required to determine the trihalomethane (THM) levels. He stated the average samples came out at 100 parts per million for the year. He stated the next stage went into effect which lowered the threshold to 80 parts per million and the conventional equipment at the plant was able to meet that requirement. He stated the new threshold under Stage II is now 50 parts per million and without modification of our system or implementation of another treatment strategy, such as chloramination, we cannot meet that requirement. He stated the reason for recommending the chloramination program is cost. He stated with the conventional system we have, the ph level could be reduced to 5.5 units, we could then treat the water and raise the level back up to 7.5 units but the cost would be approximately $200,000 per year. He stated with the chloramination the treatment cost would be $300,000 for construction of the chemical pumps and $15,000 for the ammonia. He stated chloramination is a much cheaper alternative; however, from an operational standpoint it is not staff's preferred option. Mr. Shoemaker stated chloramination is widely used throughout the nation and the Northern Virginia area including Loudoun Water and Fairfax Water; however, just this week DC WASA had a "do not use" alert on their system because of chloramines. He stated if not managed properly chloramines can create problems; however, he has confidence in our operations staff and that our system will not have a problem. Mr. Shoemaker stated as Mayor Umstattd mentioned earlier, an active education campaign is key for us in this transition. He stated not only will this impact residents with aquariums, but it will also affect dialysis patients. Mr. Shoemaker stated this is being brought forward as a mid-year expenditure because the $300,000 is available in FY 2010 to fund the project completely as well as the ability to perform the construction & installation duties in-house. He stated we would have to work with a chemical contractor for limited portions of the work. Council Member Dunn asked if this is a new regulation. Mr. Shoemaker stated the regulation has been looming for the past several years. Council Member Dunn verified the regulation is required by the EPA. He asked if staff feels this is the best alternative. Town Council Work Session of April 26, 2010 Page 11 Mr. Shoemaker stated it is the cheapest alternative; however, his preferred alternative would be the conventional treatment at a cost of $200,000 per year. Council Member Dunn asked what changes could be made within the department to absorb the additional $200,000 cost. Mr. Shoemaker stated he is not aware of any changes that could meet that cost. Further, he stated as the cost of chemicals continues to increase so would the $200,000 per year. Mr. Wells clarified the $200,000 would be a recurring cost and could be subject to escalation. He stated the start-up cost for the preferred option would be $500,000 as compared to $300,000 for the chloramination program; however, the recurring cost would be approximately $200,000 per year for the preferred program and $45,000 for the chloramination. Council Member Dunn verified compliance is required by January 1, 2013. Mr. Shoemaker stated beginning the program now would allow adequate time for construction, training and working out any problems so that the system would be in compliance by the deadline. Council Member Dunn stated he would like to find the funding for the preferred alternative. He stated knowing we need warning labels on water faucets in resident's homes is of concern. Council Member Butler verified there are two issues, the approval of the continuing engineering services contract and the approval of the project. Mr. Wells stated the engineering services contract could be approved and does not obligate them to move forward with the chloramination project. Council Member Butler stated he has no problem approving the contract for the firm. He stated he would like more information on the chloramination project and how Loudoun Water and Fairfax Water have dealt with the issues before moving forward with a vote. Council Member Wright stated none of these concerns are outlined in the staff report and he would not want to move forward without a more in depth discussion. He stated he supports cutting costs where appropriate; however, if there is a better safer alternative then we need to discuss those options. He stated a quick Google search revealed a website formed by citizens concerned about chloraminization. He stated the website also discussed a spill of chloramine treated water into a stream which caused adverse impacts and wonders what would be the impacts of residents watering their lawns with this treated water and it entering the storm drains. Vice Mayor Hammier verified the engineering services firm selected has experience with this type of program in other municipalities. She raised the possibility of collaborating with other jurisdictions on this implementation to decrease the economies of scale. Further, she stated as we continue discussions, if this is an unfunded mandate that we do not agree with then we Town Council Work Session of April 26, 2010 Page 12 should take the issue up with the National League of Cities or another organization. Mayor Umstattd echoed the various safety comments. She stated potentially we need to lobby our federal legislators regarding this as it seems we are being forced to endanger our people. She stated she does not want dialysis patients to have to worry about the water. She stated she could not support a move to chloramine at this time. She stated if the recurring cost of the preferred project is spread among our citizens it would result in a $5 increase per year for safer water. Council Member Dunn verified the $300,000 is available from funds left over in the capital program. Council Member Wright asked if this regulation is creating a significant challenge for the industry. Mr. Shoemaker stated this does not impact organizations who utilize well water, it is only effecting those who utilize surface water nationwide. Mayor Umstattd asked the fines if we do not meet the standards. Mr. Shoemaker stated he does not know what the fines would be; however, we would not be in compliance with our permits. Vice Mayor Hammler stated this is why we need a clear discussion of options A and B and how we get there. Council Member Dunn stated while this is the standard now it may change before 2013 and asked the history of regulations regarding these levels. Mr. Shoemaker stated he is also concerned which is why he made sure Council had all of the information and knew this was not his preferred option. Vice Mayor Hammler stated that information should have been highlighted in the memo. 2. Additions to Future Council Meetings Council Member Dunn stated he would like to see if the Loudoun County ROTC can present the colors for the first Council Meeting in June. Vice Mayor Hammler stated she will email the draft objectives to Council as were discussed during the budget work sessions. Mr. Wells stated that discussion is scheduled for the next work session. Council Member Wright clarified he would like a briefing from VDOT, not a memo, regarding the .Route 7 West climbing lane. Council Member Reid suggested that a member of the County Transportation Department also attend. 3. Closed Session Town Council Work Session of April 26, 2010 Page 13 On a motion by Mayor Umstattd, seconded by Council Member Wright, the following was proposed: MOTION Pursuant to Section 2.2-3711(A)(3) and (7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of (1) discussion of acquisition of easements and (2) advice of counsel regarding potential litigation. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in closed session at 9:27 p.m. The Council reconvened in open session at 10:15 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 vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 4. Adjournment On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 10:16 p.m. Clerk of o n it 2010 tcwsmin0426