HomeMy Public PortalAbout2003_10_15COUNCIL MEETING October 15, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. MayorUmstattd presiding.
Councilmernbers Present: FFank Buttery, Mervin Jackson, Melinda Kramer, Marry
Martinez, David Schmidt and Mayor Kristen Umstattd.
Councilmembers Absent: Councilmember Zoldos absent.
Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Chief of Police Joe Price, Director of Engineering and Public Works Tom
Mason, Director of Planning, Zoning and Development Susan Swift, Director of
Utilities Randy Shoemaker, Director of Parks and Recreation Kaj Dentler,
Management/Budget Officer Mike Freda, Planner Nancy Kitchens, Chief Purchasing
Officer Kathy Elgin, Administrative Associate II Cheryl Carper, Management Intern
Alexandra Shabelski, Tourism Coordinator Marantha Edwards and Assistant to the
Clerk of Council Debi Parry.
AGENDA ITEMS
A. :Invocation by Councilmember Kramer
B. Salute to the Flag was led by Mayor Umstattd
C. Roll Call: Councilmember Zoldos absent
D. Minutes:
On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez,
the minutes of the October 14, 2003 worksession were approved, with minor edits,
by a 6-0-1 vote with Councilmember Zoldos absent.
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the minutes of the October 15, 2003 meeting were approved, with minor
edits, by a 6-0-1 vote with Councilmember Zoldos absent.
Presentations:
a. Proclamation - Loudoun Border Guards
On a motion by Councilmember Buttery, seconded by Vice Mayor Jackson,
the following proclamation was approved by a 6-0-1 vote with Councilmember
Zoldos absent:
PROCLAMAT]:ON
Loudoun Border Guards Fife and Drum Corps
WHEREAS, The Loudoun Border Guards Fife and Drum Corps have
been performing in the county for eight years; and
Town Council Minutes for October 15, 2003 Page 2
WHEREAS, by their affiliation with this group the children not
only experience the opportunity to learn music, but the history of our
nation; and
WHEREAS, the Loudoun Border Guards Fife and Drum Corps have
become a staple at each of our town's public functions, performing at holiday
parades, August Court Days as well as other various town functions; and
WHEREAS, the Loudoun Border Guards Fife and Drum Corps have
traveled all along the east coast performing at various events including a
special performance for the children of Rockaway Beach, NY and the Florida
Ancient Muster in Palm Bay; and
WHEREAS, last year the group recorded their first CD "American
Christmas"; and
WHEREAS, the Loudoun Border Guards Fife and Drum Corps was
recently invited to represent the State of Virginia and the Town of Leesburg at
an American Music Festival in commemoration of the 60th anniversary of D-
Day on Omaha Beach, Normandy in July 2004.
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg in Virginia congratulate the Loudoun Border Guards Fife & Drum
Corps for their invitation to represent the State of Virginia in Normandy and
express our appreciation for their many contributions to our community.
PROCLA]:MED this 15th day of October 2003.
The proclamation was read into the record by Mayor Umstattd and
presented to Ms. Anne Quinn, President of the Loudoun Border Guards.
b. Proclamation -- S0th Anniversary of Loudoun Country Day School
On a motion by Councilmember Martinez, seconded by Councilmember
Kramer, the following motion was approved by a 6-0-1 vote with Councilmember
Zoldos absent:
PROCLAMAT:]:ON
50th Anniversary of the Loudoun Country Day School
1953 - 2003
WHEREAS, in the summer of 1953 Mrs..1. Churchill Newcomb and Mrs.
William .]. McDonald established the Loudoun Country Day School with an
enrollment of seven students; and
WHEREAS, the school was incorporated in December 1959 and
was accredited by the Virginia Association of :Independent Schools in
1970; and
WHEREAS, the enrollment has grown from the original seven to over
250 students; and
WHEREAS, in 2002 Headmaster Randall Hollister was named Private
Town Council Minutes for October 15, 2003 Page 3
School Principal of the Year by the Washington Post and was subsequently
recognized in Virginia Senate Joint Resolution 207 for his efforts; and
WHEREAS~ through the generosity of citizens and alumni the school
has continued to grow and evolve into an institution that benefits the entire
community; and
WHEREAS, on Wednesday, October 15th Loudoun Country Day School
will celebrate Founder's Day to reflect on the 50-year history of the school
and the vision Mrs. Newcomb and Mrs. McDonald had in establishing this
educational institution.
THEREFORE, RESOLVED the Mayor and Council of the Town of
Leesburg in Virginia congratulate the Loudoun Country Day School on their 50th
anniversary and express the deepest gratitude to the many educators and
volunteers who have worked tirelessly to provide quality private education to
the children of Leesburg and Loudoun County.
PROCLA]:I~IED this 15th day of October 2003.
The proclamation was read into the record by Mayor Umstattd and
presented to Dr. Randall Hollister, Headmaster and Ms. Laura Stroup, Chair of
the Anniversary Committee at Loudoun Country Day School.
¢. Auditor's Report
Bob Noe introduced Mensel Dean and Mike Garber of PBGH, auditors for the
Town of Leesburg.
Mr. Dean recommended that Council approve a scope of work for the
purchase card audit to cover a comprehensive review of 50 selected purchase card
transactions from FY 2003. He stated after their evaluation a report will be
provided to Council along with a recommendation of next steps. Further, he
recommended that his group return quarterly to take a sample of the current
year's transactions.
Councilmember Schmidt verified the minimum cost would be $:15,000 for
the initial sampling.
Mr. Dean stated the $:15,000 includes the additional time the auditors have
devoted to this and the fixed cost associated with any sample size.
Councilmember Schmidt asked if approved, how soon Council could expect
the results of this audit?
Mr. Dean stated they would have a report ready for the following Council
meeting.
Councilmember Jackson stated $15,000 seems to be a reasonable price for
the audit, however, he asked to be notified if the cost were to go higher.
Councilmember Buttery verified the sample size would include 50 purchase
card transactions from FY 2003. Further, he asked Mr. Dean to elaborate on the
cost structure.
Town Council Minutes for October :[5, 2003 Page 4
Mr. Dean stated their staff would charge an average $:[25 to $150 an hour
and it is unknown how much staff time will be needed to perform this audit.
Councilmember Buttery asked what would be done in looking at these
transactions?
Mr. Dean stated they would sort various transactions to determine if any of
the transactions look unusual. The next step would be to examine all supporting
documentation to ensure proper documentation was provided. Further, he stated a
PBGH employee would interview up to 20 staff members and/or vendors to ask if
they were aware of any improper use. He stated at that time the information
would be compiled and presented to Council for review.
Councilmember Buttery asked if Mr. Dean would use the assistance of staff
to reduce the time involved?
Mr. Dean stated they would contact staff to provide all requested
information and documentation.
Mayor Umstattd asked if the audit would include an initial search of all the
transactions? She stated the public might wonder why only 50 transactions were
reviewed and she would like to assure them that every transaction was looked at
before the 50 transactions were chosen.
Mr. Dean stated the town has very gOod controls already in place including
caps on the use of cards and on the dollar amount of the transactions. He stated
the initial audit found three transactions, which were not in compliance with the
standards. Two of those transactions involved people circumventing the system by
breaking larger purchases down into two transactions; however, the town staff
were already aware of this. Further, he stated the third purchase was an instance
where there was no invoice.
Mayor Umstattd verified the proposed quarterly review could be conducted
in coordination with the random checking system that Council has stated an
interested in instituting.
Councilmember $chmidt asked if the auditors will look at all of the
transactions and could they complete the audit before conducting their interviews
so that Council can get the report in a timely manner?
Mr. Dean stated if it is Council's desire not to conduct the interviews that
would be fine. He stated the person who would be conducting the interviews is a
forensic specialist and can be most helpful even if there are only five or ten
interviews. Further, he stated they would eyeball all six thousand transactions.
Mr. Noe stated his support for some level of interview. He stated
conducting the interviews would provide staff and vendors with the opportunity to
speak, which will be to Council's advantage.
Mayor Umstattd agreed. She stated one thing that relieves her concerns is
that there will be at least an eyeballing of all transactions. Further, she stated
some people want an in-depth review of all the transactions and some have
expressed concern with spending excessive funds only to find nothing wrong.
Town Council Minutes for October 15, 2003 Page 5
Mr. Noe stated a resolution for council's consideration would be drafted
before the end of the meeting.
d. Annual Report
Mr. Noe stated every year he has requested funding for annual report and
never received it. He congratulated Mike Freda for his work in compiling this report
and for his continuing and diligent efforts.
Mike Freda outlined the Annual Report stating it will be placed on the
website and will display various navigational controls to assist residents in finding
the information they need. He stated it will also be used as an economic
development tool and will be available at various locations throughout the town.
Council thanked Mr. Freda for his efforts.
ei Traffic Safety on Tolbert Lane, Sycolin Road and Evergreen Mill Road
report.
Tom Mason stated the Engineering Department has been studying a number
of intersections in the area including Lawson Road at Sycolin Road, Sycolin
Road at Tolbert Lane and Tolbert Lane at Evergreen Mill Road. He stated all of the
intersections meet the minimum requirements for sight distance; however, there is
a fence, which creates a hazard at Tolbert Lane and Sycolin Road. The owner
has agreed to move the fence back. Further, the studies recommend that the
current speed limit of 45 mph on Sycolin Road be reduced to 35 mph.
Mr. Mason stated the intersections at either end of Tolbert Lane do not meet
the warrants for a traffic signal; however, Council could still consider putting traffic
signals at those intersections if Council feels they are justified. He stated the
intersection of Sycolin Road and Lawson Road does meet the traffic signal warrants
and staff plans to install a signal there as part of the Sycolin Road widening
program.
Mr. Mason stated the warrants for a turn lanes at the intersections of
Evergreen Mill Road at Tolbert Lane and Sycolin Road at Lawson Road have been
met. He stated the left turn onto Lawson Road is currently under design as
part of the Sycolin Road Widening Project and will diminish the need for a traffic
signal until the rest of the widening project is completed. Further, he stated staff is
waiting to hear from Simpson Middle School regarding their assistance in reducing
traffic near their bus loop.
Joe Price stated the Police Department has been working with Mr. Mason,
the School Transportation Office and the school principals on the issue. He stated
the intersection of Lawson Road and Sycolin Road has the highest occurrence of
accidents. Further, he stated the intersection of Tolbert Lane and Sycolin Road
have had a high occurrence of accidents.
Chief Price stated the problems at Evergreen Mill Road and Tolbert Lane
seem to be due to traffic congestion. He stated since the opening of Freedom Park
and Heritage High School, the congestion has increased. He outlined the location
of the bus ingress and egress stating the major problem lies with the Simpson
Middle School buses entering and exiting on Tolbert Lane.
- Chief Price stated in the case of Sycolin Road and Tolbert Lane the
Town Council Minutes for October 15, 2003 Page 6
installation of three-way stop signs would work as an interim solution; however, it
would not work for Evergreen Mill Road and Tolbert Lane.
Mr. Noe stated the issue has been raised about having officers there during
peak times and asked Chief Price to address that.
Chief Price stated the police department would have to pull three officers
which would be about 40% of the shift at that time of day. He stated the other
option would be to pull officers in on an overtime status which would require
additional funding and would lead to staff burn out. Further, he stated the
solution is engineering changes to permanently correct the problems.
Councilmember Schmidt verified Council would need to pass an ordinance in
order to reduce the speed limit on Sycolin Road.
Councilmember Martinez asked if Simpson Middle School is considering
changing their bus egress from Tolbert Lane to Evergreen Mill Road?
Mr. Mason stated that is one of the options they are considering, however
they seem to be favoring the construction of a right turn lane off of Tolbert Lane.
Councilmember Kramer asked if the Community Support Group could
provide traffic direction at Evergreen Mill Road and Tolbert Lane?
Chief Price stated he does authorize them to direct traffic within the town,
However, they are citizen volunteers and while they may be willing to do it on a
short-term basis, eventually we would run out of those resources as well.
F. Petitioners
.]ulie and Bob Anderson, 205 Woodbury Road, addressed Council regarding the
increase in water flow through their property in the last three years since the completion
of the Exeter Hills subdivision. Ms. Anderson stated there has been as much as four
feet of water in their back yard on two different occasions and as much as :17 inches of
water in their basement. She asked Council to have the Engineering Department
evaluate their property and make appropriate changes to redirect the water flow away
from their home.
Timothy Schott, 809 Wage Drive, addressed Council regarding the flooding issues
on Dry Mill Road, Wage Drive and Anne Street. Mr. Schott stated the flooding has
increased since the expansion of the Leesburg Baptist Church. He asked Council to
approve a capital improvement drainage project for the area.
Joseph McMurrer, 407 Mosby Drive, addressed Council regarding several issues
including the hiring of Mr. Bredehoft to review the evaluation process of Mr. Donnelly and
Mr. Noe, the denial of Mr. Zoldos' Freedom of :information Act request regarding the
occurrence of meetings between the Economic Development staff and the downtown
business owners and the recent purchase card scandal. He asked that Council do a better
job of overseeing the operations of the town.
Leonard McDonald., 201 Pershing Avenue, addressed Council regarding county and
town relations and various concerns with the future of the Urban Growth Area and
Crosstrails Boulevard. He asked that Council stand up to the county and represent the
residents of Leesburg.
Town Council Minutes for October 15, 2003 Page 7
Pat Sommersall, 681 Springhouse Square and Klm Knight, 1802 St. Georges
Square, addressed Council regarding the traffic congestion at Evergreen Mill Road and
Tolbert Lane and at Tolbert Lane and Sycolin Road. Mr. Sommersall stated the number of
students driving to Heritage High School would triple in the next three years and
presented a petition to Council from the parents of the Heritage High School students
asking that traffic improvements be done. Ms. Knight stated her daughter, a student at
Heritage High School was involved in an accident at Tolbert Lane and Sycolin Road and
asked Council to consider safety improvements.
Phillip Sommersall, 681 Springhouse Square and Brittany Knight, 1802 St. Georges
Square, addressed Council stating the students of Heritage High School are concerned
with the traffic congestion on Evergreen Mill Road, Tolbert Lane and Sycolin Road. Ms.
Knight stated she was involved in an accident at that intersection in September and
believes the accident could have been avoided if sight distances were improved. Mr.
Sommersall presented Council with a petition from the students of Heritage High School
requesting traffic improvements at those intersections.
Mary Hope Worley, 312 Evergreen Mill Road and Lyle Werner, 406 S. King Street,
addressed Council regarding a project between the Leesburg Daybreak Rotary and the
Leesburg Historic District Residents Association to hold a Fourth of July parade in Leesburg
on the July 3. They stated tentative plans include a parade to start at 10:00 a.m. to
be followed by a program at the courthouse. Ms. Werner stated they have worked to
receive the support of the Loudoun Arts Council, the Downtown Business Association and
the Loudoun Museum.
Sam Muhlenkamp, 814 Anne Street, addressed Council regarding the flooding
issues in his neighborhood. Mr. Muhlenkamp stated he, as well as four other people on his
street, continually have rain water run into their basements. He asked Council to look into
the flooding issues on Wage Drive and Anne Street.
Martin Strohmeier, 812 Wage Drive, addressed Council regarding the flooding
issues in his basement. Mr. Strohmeier stated since 1996 his basement has flooded four
times and each time he has lost everything. He stated this latest time on September 23 he
had over four feet of water in his basement. Further, he asked that the town help alleviate
the flooding in the neighborhood.
Ken Reid, 309 N. King Street, addressed Council stating Council did not react
quickly enough on the purchase card issue and asked that the Finance Committee be
reinstated. He spoke about various transportation improvements needed in town
including traffic improvements on Evergreen Mill Road and the construction of Battlefield
Parkway.
Gm
Public Hearing:
a. $:t.35 Million Proposed Bond Financing to finance costs of various
public improvements including storm drainage and sidewalk
improvements.
The public hearing opened at 9:29 p.m.
Mike Freda stated the projects to be funded by this bond include: the South
King Street trail project, design work for the Market Street sidewalk, construction
funding for the Harrison Street sidewalk and drainage, design funding for Fort
Evans Road sidewalk and construction funding for the North King Street drainage
project.
Town Council Minutes for October 15, 2003 Paqe 8
Councilmember Schmidt asked what the rate and term would be for this
bond?
Mr. Freda stated he would have to report back on that.
Councilmember Buttery asked for the scope of work entailed in the North
King Street drainage project?
Mr. Mason stated that project includes the area beginning on North Street to
the north on both sides of King Street up to Union Street and from Union Street to
the school board annex to prevent the frequent yard flooding that the residents in
the area experience.
Timothy Willmot, 309 North King Street, addressed Council stating his
concern with the water pooling in his front yard and the lack of a sidewalk. He
asked Council to expand the North King Street drainage project to include the
houses between Union Street and the cemetery.
Mayor Umstattd asked if the North King Street drainage project would
address Mr. Willmot's concerns?
Mr. Mason stated this project would provide a better outfall for the water
that runs in front of his house. He stated this area is particularly sensitive because
any major improvements would cause the removal of large trees. Further, he
stated there are no projects in the current CIP to directly address this issue;
however, it could be discussed during the CIP process.
Mayor Umstattd asked to discuss this issue again during the CIP process.
Further, she asked Mr. Willmot to return to Council if he does not receive any relief
from the North King Street drainage project.
The public hearing closed at 9:37 p.m.
SE-2003-02 - Leesburg Auto Finance Annex
The public hearing opened at 9:38 p.m.
Nancy Kitchens stated this property, zoned B-2 and H-2, is located at
310A Parker Court, adjacent to two fast food restaurants on the north, a
vehicle service facility to the east, property recently approved with a special
exception for vehicle sales and service to the south, and both vehicle sales
and retail to the west. She stated the existing building is 1,873 square feet
and provides both office space and a floor covering store; however, under the
proposed use, the floor-covering store will remain and the office space will be
used for auto sales. Further, she stated the vehicle storage will be located in
the northeast corner of the site and will allow for approximately eight cars to
be stored in this area at a time.
Ms. Kitchens stated vehicle service would be limited to a proposed 900
square foot, 24 foot high building which will hold two service bays as well as
provide storage for any hazardous materials or by-products used/created on
site. She stated the hours of operation would be from 7:00 a.m. to 7:00 p.m.
Monday through Saturday. Further, she stated the Planning Commission has
recommended conditional approval of this application.
Town Council Minutes for October :~5, 2003 Paqe 9
Dave Bowers, Bowers and Associates, addressed Council representing
the applicant. He stated the applicant currently owns an auto sales business
on the corner of Market Street and Catoctin Circle and would like to expand
his business to this location.
There were no speakers.
The public hearing closed at 9:43 p.m.
H. Council Comments:
Councilmember Schmidt reminded Council of the 3rd Annual Business Appreciation
Awards on October 16th at the Thomas Birkby House from 5:30 p.m. to 7:30 p.m.
He stated many citizens who ride the commuter busses have been told that the
Town Council does not support the idea of a parking location in the Town of Leesburg. He
reassured the public that no one on the Council shares that position and expressed
concern with the possibility that county staff may have led the residents to believe this.
Further, he stated that Council has asked Mr. ,lohn Clark from the County Transportation
Office to contact the various homeowner association representatives located near the
Westpark site and he has not yet done so.
Councilmember Schmidt commended Ms. Worley and Ms. Werner for their efforts
to hold a Fourth of.luly parade in the downtown.
He stated there is a growing problem with traffic on Evergreen Mill Road and
expressed his hope that staff would address this as a priority. Further, Mr. Schmidt stated
there has been discussion of a cooperative effort between the town and the school board
to address these issues and asked for a staff report as to what the possibilities are at the
next meeting.
Councilmember Martinez thanked the parents and students from Heritage High
School for addressing the Council. He stated the possibility of a crosswalk on Tolbert Lane
was not discussed and he would like staff to look into that.
Further, he congratulated the Loudoun Boarder Guards on their many
achievements.
Councilmember Martinez stated the town has the right purchase card controls in
place and the problem seems to be implementation. He expressed his concern with
spending time and effort on an audit only to find out that we are already doing what needs
to be done and stated his support for a random audit.
Further, he congratulated Mike Freda for his work on the Annual Report and
thanked Ms. Worley and Ms. Werner for their efforts with the Fourth of July parade.
Vice Mayor Jackson had no comments.
Councilmember Buttery stated he noticed in the Leesburg Auto Finance Annex
public hearing report that one of the staff recommendations is "The applicant shall verify
and incorporate necessary measures for storm water management in accordance with
Loudoun County Stormwater Management criteria enforced prior to development plan
approval". He asked Mr. Mason to brief Council on the requirements and standards of the
Town Council Minutes for October 15, 2003 Paqe
Loudoun County Stormwater Management criteria and how that affects Leesburg and
whether or not that is something we should look into.
IVlr. Mason stated flooding is primarily in developments that were built in the 60's
and 70's. He stated in the specific instance on Woodbury, the new development near it
follows Town of Leesburg requirements and all of the water from the new subdivision goes
away from this problem according to design and field inspection both for small storms,
and the 10- and 100-year levels. Further, he stated staff receives virtually no reports of
flooding in neighborhoods constructed since the mid 1980's because of the new criteria.
Mr. Mason stated staff needs to identify if some of these problem areas can be
improved by the town. He stated the reference to the Loudoun County Stormwater
Management Program is to certify for the state and county criteria, which is a little
tougher than the town from a retention standpoint but is based on the same level of
rainfall.
Councilmember Buttery addressed the issue of pedestrian safety on South King
Street and Catoctin Circle stating there should be an island constructed for those who
cannot make it completely across the street in the time allotted.
Mr. Mason stated he would look into this issue and would report back to Council.
Councilmember Buttery asked if Calvin Grow has looked at possible adjustments to
the timing of the traffic lights to facilitate foot traffic?
Mr. Mason stated there are funds available for the coordination of traffic lights on
King Street and Market Street; however, the bids came in above the funded amount and
staff is currently revising the bid language and will put the project out to bid again.
Councilmember Buttery asked if staff has received a date for the opening of the
Riverside Parkway Bridge over Goose Creek?
Mr. Mason stated the road is complete and he will contact the developer for an
opening date.
Councilmember Kramer reminded the public of the Fall into the Arts Program on
Saturday, October :~8 from :~0:00 to 5:00 in downtown.
I~la¥or's Comments
Mayor Umstattd stated her family, along with Councilmember Schmidt's family,
attended a wonderful festival organized by Destiny Church at the entrance to Greenway
Farms. She stated there is a possible development plan currently underway for that
property which currently is zoned to allow by-right use of a motel and Gas/Convenience
store. She stated the development plan would use the manor house as a reception hall
and create a performing arts center near the barn. Further, she stated the applicant,
Destiny Church would be holding meetings with the neighboring residents.
Mayor Umstattd stated the Loudoun County Volunteer Rescue Squad would hold
the ribbon cutting ceremony for their renovated building on Catoctin Circle on November
2nd. She stated the public is invited.
Further, she praised the town staff for their efforts on the park and ride lot issue
and for finding alternate sites for the county's consideration.
Town Council Minutes for October 15, 2003 Page
Mayor Umstattd thanked Mr. Noe for establishing the internal audit committee and
for the recommendations of the committee. She stated based on Council's level of
concern; she felt comfortable telling the auditors to report any additional misconduct
found in their audit to the Commonwealth's Attorney or Sheriff's office.
.1. I~lanager's Report
Mr. Noe stated Mr. York announced his retirement today after 19 years of service
with the town. He thanked Mr. York for his years of service with the town noting that he
served as Acting Town Manager for six months. Further, he stated Mr. York's retirement
would be effective November 18.
Mr. Noe stated last Council meeting when discussing various staff members who
contributed significantly during hurricane preparation he omitted John Callahan, who has
stepped in as Interim Information Technology Director and performed well in getting
telephone service to the town Operation Center and ensuring that the technological
equipment was in working order. Further, he thanked the Utilities Department for
performing exceedingly well during the hurricane at the Wastewater Treatment Plant and
the Water Pollution Control Facility.
Mr. Noe congratulated the Parks and Recreation Department for their recent honors
including the Virginia Recreation and Parks Society Award for Best New Facility for the Ida
Lee Recreation Center renovation and addition. The United States Tennis Association has
selected the Ida Lee Park Tennis Center as an outstanding public tennis center.
Mr. Noe further congratulated the Leesburg Police Department fir its campaign to
promote safe driving which has received national and state honors from the National
Chief's challenge for traffic safety initiatives. Leesburg was selected 3rd place winner for
agencies of our size in the country and Ist place in Virginia for the same program.
Mr. Noe introduced the new Assistant to the Town Manager Kathleen Leidich.
Mr. Noe stated the Agujia purchase card problem was a result of a failure of
proper management oversight for which he accepts responsibility. He stated a
trusted and respected colleague lied and went to considerable lengths to disguise his
activities. He stated a committee, chaired by Chief Purchasing Officer Kathy Elgin,
has been appointed to review purchase card procedures. He highlighted some of
their recommendations including having Department Directors complete an analysis
of their department's cardholder's duties and justifying the need for each card,
converting the current program from an exclude system to an include system,
prohibiting department directors from having purchase cards, providing monthly
MBNA reports to all directors for their review, mandating that only Department
directors approve cardholder transactions, requiring that the Chief Purchasing Officer
review the reports provided by MBNA on a monthly basis and provide guidelines for
reporting findings to the Director of Finance, and requiring the Director of Finance to
independently review bank card reports at least quarterly and the Town Manager
annually.
Mr. Noe stated he requested the directors to determine if there have been
other inappropriate uses and none were discovered. He stated 18 inadvertent uses
have been found, but in every instance but one, the employee self corrected the
purchase, often immediately. Further, Mr. Noe stated it is important to remember
Town Council Minutes for October 15, 2003 Page :[2
that the town has honest, loyal and hardworking employees who do their jobs
properly everyday.
Councilmember Martinez asked if an acting Finance Director has been
appointed?
Mr. NDe stated he has not appointed anyone as of yet, but plans to meet with
the employees and announce an appointment this week.
Mayor Umstattd thanked town staff for their efforts in making the critical
operations of the town go seamlessly. She stated the fact that the water plant had
generators that worked when Dominion Power lost power was perhaps something
that most citizens would not notice since they know that they can count on safe
water from the town. She added that staff had the foresight to recommend to
Council and the manager that we purchase generators is a tribute to them.
Mayor Umstattd complimented Bob Lilly stating she and her daughter ran into
him on Catoctin Circle while he was picking up no parking signs. She stated she and
Council are proud of staff who take their obligations seriously whether dealing with
unfortunate incidents or continuing to do jobs despite scandal, which takes up a
tremendous amount of time.
Mr. NDe stated he would like to hold a short executive session after the
meeting regarding a personnel issue.
K. Legislation
ORDINANCES J
On a motion by Vice Mayor Jackson, seconded by Councilmember Martinez, the
following motion was proposed:
2003-0-16
ORDINANCE
Approving revisions to Article V, Section 11-8! of the Town Code relating to Regulations
for Use of Parks.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the
following motion was proposed:
2003-O-17
ORDZNANCE
Amending Section 12.1-102 of the Personnel Manual regarding disclosure of violations.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
-- I CONSENT AGENDA I
Town Council Minutes for October 15, 2003 Page 13
On a motion by Vice Mayor .lackson, seconded by Councilmember Buttery, the
following consent agenda was proposed:
2003-133
RESOLUT'rON
Making a reduction of the performance guarantees for public improvements installed in
Lansdowne on the Potomac, Phase ~[~[:[, Sections 42 and 43.
2OO3-134
RESOLUTION
Approving an amendment to the FY 2004 budget to accept a donation of $28,887.50 from
Richmond American Homes for paving and parking lot improvements to the Old ~[zaak
Walton Park.
The consent agenda was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
REGULAR AGENDA
On a motion by Councilmember Martinez, seconded by Councilmember Kramer, the
following motion was proposed:
2003-135
RESOLUTION
Approving a Scope of Work for audit of purchase card records.
Councilmember Schmidt proposed a friendly amendment to apply a ceiling of
$15,000 plus out of pocket expenses for the audit.
Mayor Umstattd asked Mr. Noe if that would cause a delay?
Mr. Noe stated this should not cause a delay. He stated if it is the Council's
pleasure he would like to discuss with the auditors tomorrow what they would recommend
to narrow the scope to not exceed $15,000.
Councilmember Schmidt stated he would not want to cause a delay, but would like
a cap of $:[5,000. He stated there does need to be some level of independent audit.
Mayor Umstattd asked Councilmembers Martinez and Kramer if they would accept
this as a friendly amendment, or rather vote on this? Further, she stated she would be
willing to go as high as $25,000 for the audit.
Councilmember Buttery concurred with Councilmember Schmidt; however, he does
not have a problem with the way the resolution is written and the flexibility in it. He
proposed language to direct the Town Manager not to exceed the $:[5,000 expenditure
unless he receives approval from Council.
Councilmember Martinez stated he would not want to delay the process by asking
staff to come back to Council to request additional funds.
On a motion by Councilmember $chmidt, seconded by Vice Mayor Jackson an
amendment was proposed to add a ceiling of $:[5,000 for the audit with the exception of
out of pocket expenses.
Town Council Minutes for October 15, 2003 Page
The motion to amend was approved by the following vote:
Aye: Buttery, Jackson, Schmidt and Kramer
Nay: Martinezand Umstattd
Vote: 4-2-1 (Zoldos absent)
Vice Mayor Jackson asked what the out of pocket expenses would include?
Mr. Noe stated it would include such expenses as travel and copying.
Vice Mayor Jackson stated he would like a report on the cost at the next meeting.
The amended motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
The following item was deferred to the next council meeting:
RE$OLUTZON
Declaring the developer of the Dry Mill Subdivision, Section lA, in default of
its contract for installation of public improvements and authorizing the Town
Manager to prepare and sign the documents necessary to request payment
of the performance guarantee funds.
On a motion by Councilmember Martinez, seconded by Councilmember Schmidt,
the following motion was proposed:
2003-136
RESOLUTION
Requesting Virginia Department of Transportation (VDOT) funding for highway projects
within the Town of Leesburg in the Virginia Department of Transportation Six-Year
:[mprovement Plan for Fiscal Years 2004-2005 through 2009-2010,
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
On a motion by Councilmember Schmidt, seconded by Councilmember Buttery, the
following motion was proposed:
2003-137
RESOLUTION
Requesting Governor Mark Warner to provide Virginia Department of Transportation
(VDOT) funding for widening :[-66 outbound from the Rosslyn Tunnel to the Dulles
Connector.
The motion was approved by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Town Council Minutes for October 15, 2003 Page 15
On a motion by Vice Mayor .lackson, seconded by Councilmember Martinez, the
following motion was proposed:
2003-138
RESOLUTION
Requesting that the Board of Supervisors of the County of Loudoun deny the special
exception application of Brothers Concrete Construction, Tnc. for a concrete mixing plant
(Case No. SPEX 2002-0020)
Susan Swift stated the proposed location is on Cochran Mill Road about a mile
and a half east of Route 7 and abutting the W&OD Trail. She stated it is part of an
existing business and they are proposing to add a concrete mixing plant to the site.
Ms. Swift stated the county's comprehensive plan shows this area for office
and light industrial and the town' s comprehensive plan shows business uses, neither
of which is included in this proposed use. She stated the town's Economic
Development and Comprehensive Planning Departments are recommending that the
town ask the county to deny this application. Further, she stated the county staff is
recommending conditional approval until the quarry use ceases, which could be ten
to twenty years in the future.
Ms. Swift stated staff has drafted a letter to the county staff communicating
the town's position on this application. Further, she stated the Loudoun County
Board of Supervisors is scheduled to hold a public hearing on this application at their
November meeting.
The motion was approved by the following vote:
Aye: Buttery, .lackson, Kramer, Martinez, Schmidt and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Boards and Commissions
a. Airport Commission - No comment
b. Thomas Balch Library Commission - No comment
c. Board of Architectural Review - No comment
d. Cable Commission - Councilmember Buttery announced a
commission vacancy and asked that interested citizens contact him.
e. Economic Development Commission - No comment
f. Environmental Advisory Commission - No comment
g. Information Technology Commission - No comment
h. Parks and Recreation Commission - Mayor Umstattd stated she had
received resumes from two people interested in serving on the Parks and
Recreation Commission. She asked Council to review the resumes and provide her
with any feedback they may have.
i. Planning Commission - No comment
Town Council Minutes for October 15, 2003 Page 16
j. Tree Commission - No comment
k. Standing Residential Traffic Committee - No Comment
New Business
c. Closed Session
On a motion by Mayor Umstattd, seconded by Councilmember Martinez, the
following motion for a closed meeting was proposed:
Pursuant to Sections 2.2-37:L1 (A)(1) of the Code of Virginia, [ move that
the Leesburg Town Council convene in a closed meeting to consider a personnel
matter.
The motion was adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Council convened in closed session at :L0:46 p.m.
Council reconvened at 10:59 p.m. and Mayor Umstattd proposed the
following moLion, seconded by Councilmember Buttery.
In accordance with Section 2.2-3712 (D) of the Code of Virginia, ! 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 adopted by the following vote:
Aye: Buttery, Jackson, Kramer, Martinez, Schmidt
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
Adjournment
The meeting adjourned at 11:00 p.m.
ATTEST:
Knsten C Umstattd,
Town of Leesburg
]: Clerk/min utes/2003_tcmin 1015.doc