HomeMy Public PortalAbout2005_11_22COUNCIL MEETING November 22, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammler, Susan Horne,
Melinda Kramer, Marty Martinez, and Mayor Kristen Umstattd.
Councilmembers Absent: Robert Zoldos
Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole
Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public
Works Tom Mason, Director of Utilities Randy Shoemaker, Zoning Administrator
Brian Boucher, Chief of Police Joe Price, Deputy Director of Utilities Aref Etemadi,
Management Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA ITEM,~
B.
C.
D.
Invocation by Vice Mayor Martinez
Salute to the Flag was led by Cub Scout Pack 954.
Roll Call showing Councilmember Zoldos absent.
Minutes
a. Town Council regular meeting minutes of August 9, 2005
On a motion by Vice Mayor Martinez, seconded by Councilmember Horne,
the minutes of the August 9, 2005 meeting were approved by a 6-0-1 vote
(Zoldos absent).
b. Town Council regular meeting minutes of October 25, 2005
On a motion by Councilmember Burk, seconded by Vice Mayor Martinez,
the minutes of the October 25, 2005 meeting were approved by a 6-0-1 vote
(Zoldos absent).
Presentations
a. Resolution of Respect - Adam t-laurice Perry
On a motion by Councilmember Burk, seconded by Councilmember
Kramer, the following resolution of respect was presented to Janet Perry,
mother of Adam Perry:
Resolution of Respect
Adam Haurice Perry
WHEREAS, Adam Maurice Perry, a lifelong resident of Loudoun County,
suffered an untimely death at the age of 28 on September 26, 2005; and
WHEREAS, Mr. Perry attended Loudoun County High School and
transferred to St. John's Literary Institute at Prospect Hall where he
graduated 3rd in his class in 1995; and
Town Council minutes for meeting of November 22, 2005 2
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WHEREAS, Mr. Perry received a Bachelor of Arts degree in Sociology
from the University of Virginia in 1999; and
WHEREAS, Mr. Perry worked in advertising and marketing at AD]
Enterprises in Leesburg; and
WHEREAS, IVlr. Perry played sports throughout most of his life and had a
passion for producing and promoting music; and
WHEREAS, Mr. Perry's legacy will live on in the Leesburg community.
THEREFORE, RESOLVED the Mayor and members of the Council of the
Town of Leesburg in Virginia extend their sympathy to the Perry family and
ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to the Perry family.
PASSED this 22nd day of November 2005.
Petitioners
There were no petitioners.
Public Hearing
a. TLSE-2005-0004 Carr Tank #2 to permit a major public utility
(water storage facility) in the B-3 Zoning District
Chris Murphy outlined this application to permit a major public utility for a
water storage facility situated at 550 Fort Evans Road adjacent to the Town's
existing water storage facility.
He stated the Planning Commission unanimously recommended approval
of this application adding there was no public input at the meeting.
The public hearing opened at 7:54 p.m.
There were no speakers. The public hearing closed at 7:55 p.m.
Councilmember Kramer verified the Old Waterford Road tank site was not
an acceptable option.
b. Adelphia-Comcast Franchise Transfer Agreement
This public hearing was cancelled.
c. Water and Sewer Rate Adjustment
Town Manager John Wells announced there would be no staff
presentation.
The public comment opened at 7:58 p.m. Mayor Umstattd stated each
speaker would be allowed three minutes to comment.
Richard B. Loucks, 18963 Rocky Creek Drive in Lansdowne, addressed
Council. He encouraged Council to vote against the proposed water and
sewer rate increase for out of town users. He stated the proposed increase in
fees is illegal and unethical.
Town Council minutes for meeting of November 22, 2005 3
Col. Jeff Unger, 43094 Rocky Ridge Court, addressed Council stating the
policy being applied for an increase of water and sewer rates is flawed. He
asked Council to consider leveling the rates.
He stated the out-of-town users have the option to boycott paying their
water bills. Further, they are considering a class action suit against the
Town.
Mark Smith, 18512 Bear Creek Terrace, addressed Council and read the
following letter into the record from Chairman of the Loudoun County Board
of Supervisors Scott York:
"Good evening Mayor Umstattd and Members of the Town Council.
! appreciate you holding this public hearing. As Chairman ! usually do not
interject in hearings held by town councils but due to the numerous amount
of email and the unfairness of what is being proposed ! could not in good
conscious sit back and remain silent.
Again over the past week ! have received numerous emails of concern
from a large group of constituents served by Leesburg municipal utilities who
live outside the Town's corporate limits. They expressed their anger and
confusion to me at the Town's proposed utility rate increase.
1' am aware that the Town is undergoing a long-delayed rate increase.
Loudoun County Sanitation Authority who maintains utility lines adjacent to
the Towns is also currently raising its fees. The timing of both rate increases
is certainly warranted. However an uneven hand seems to be at work in the
Town's rate structure, passing on an additional surcharge to the citizens
outside the Town's corporate limits.
While it is within the Town's right to set an unequal utility rate this is not
the practice of LCSA, the other utility provider. LCSA has essentially three
customer pricing categories: Commercial/!ndustrial users, Residential users,
and Residential users tapped into isolated community systems.
Public utilities should be just what that name suggests; "Public." A public
utility should be priced fairly and in accord with a fixed-charge and excess
consumption, unless special circumstances deem otherwise. !f there are
special circumstances, or necessary surcharges, by all means apply but let
those affected understand why they are paying such surcharges. !f there are
preferential discounts, for instance in the case of elderly users; again let one
and all know the reasoning for their application.
Unfortunately what seems to be going on here is a higher rate is being set
for those individuals who cannot vote in Town elections. !n America we call
that taxation without representation. While ! firmly believe utilities may raise
their rates to offset costs this must be done in a fair and equitable manner to
all end users of those services.
Respectfully, as representative for all citizens within the affected utility
service area, ! would ask the Town to re-examine its policy in rate
Town Council minutes for meetinq of November 22, 2005 4
determination and extend the same uniform utility price to all customers
without regard to inclusion within the Town's corporate limit.
Thank you for your time and consideration.
Sincerely,
Scott K. York, Chairman
Loudoun County Board of Supervisors"
Brian Shiftier, :[8578 Merlon Court, and Stewart Curley, :[8552 Sandpiper
Place, addressed Council.
They provided a Power Point presentation that showed the history of the
water and sewer rate setting actions by the Council.
Mr. Shiftier stated he would not speak out against the proposal to raise
the rates as the Town's consultant has shown that annually rising operations
and maintenance expenses for the water and wastewater systems are driving
the need for additional revenue to keep the Utility Fund in sound financial
shape.
They summarized by saying there has been no base rate increases for in-
town customers since July 1992 stating there is no cost justification for the
proposed :[00% surcharge for outside customers and asked the Town not
widen the gap between inside town and outside town water and sewer rates.
Mr. Shiftier thanked Town staff for their politeness and helpfulness in
working with him over the past weeks as he prepared for this hearing.
Steve DiPinto, 43305 Hill Head Place, addressed Council. Mr. DiPinto
expressed concern with the impact of these rates on small business owners.
He stated he supports the economy of Leesburg but asked Council to take a
hard look at their policy on the proposed rate increases.
Melanie Fondaco, :[8896 Goose Bluff Court, addressed Council. She stated
she began research on this issue one and one-half years ago and found that
taxes have nothing to do with the utility fund. She added that a surcharge
won't limit in-town growth potential.
She stated the Virginia State Code states the surcharges must be fair and
equitable. She asked Council to quantify and explain the need for a
surcharge.
Further, she asked Council to repeal the increase to 50%.
Raymond Baldwin, :[8409 Mill Run Court, addressed Council on behalf of
the Lakes at Red Rock. He reinforced what previous speakers said. He stated
there is no reason why the out-of-town residents should be paying more. He
asked Council to be fair and readjust the current rate.
Marcia Wilson, 43:[02 Rocky Ridge Court, addressed Council stating she is
shocked about the increases in water and sewer bills. She stated under the
Town Council minutes for meetinq of November 22, 2005
current plan her water and sewer bill will be $700 per quarter. She added
out-of-town users are paying an unfair share and the Town is not complying
with the Virginia State Code regarding a fair and equitable surcharge.
George Rose, 43239 Parkers Ridge Court, addressed Council. He stated
Lansdowne is paying more for water and sewer than New .lersey. Further,
Council has a lack of respect for out-of-town water and sewer customers.
He asked Council to deny the increase stating there may be repercussions
by County residents who will seek goods and services outside the Town.
Wendy Marco, 19027 Rocky Creek Drive, addressed Council. She asked
that the rates be the same as in town residents and not discriminate against
the County customers. Further she suggested the possibility of taking the
Town to court if this rate increase is improved.
Brenda Fuller read the following letter from Supervisor Sally Kurtz into the
record:
"Good Evening Mayor Umstattd, Honorable Members of Town Council,
! regret that T am personally unable to be before you this evening of
November 22, 2005. Although ! am out of town with my family for the
Thanksgiving holiday, ! would like to voice my opinion on the proposed utility
rate hikes necessary to insure Leesburg citizens and businesses a viable
public water and sewer system.
I have read your consultant's Municipal and Financial Services Group,
Power Point presented to you on October 24, 2005 and their final report of
November 7, 2005. ! can certainly support their findings that additional
investment to the utility needs to occur to assure stability and financial
health. ! agree with Town policies that both water and sewer systems must
be self-supporting and that they need to be run as a business.
In their report the consultant noted that their suggested increases to the
consumption charges for "in-town" and "out-of-town" users are based on
goals (policy) set by the Town Council and they supported the notion by
showing the differential of various other municipalities which range from 26%
to 100%.
I understand that sometime in the past a utility policy ratio was enacted
that essentially set for every dollar collected from Town residents that 1.50
was collected from those residents outside the Town limits. What is missing
from the report is explanation and data of justification for this policy. ! know
that it would be helpful to both me and many citizens who have contacted me
to hear further history and logic behind that initial policy decision creating a
geographic two-tier consumption rate.
Both alternatives presented to you by your consultant reflected a 100%
consumption surcharge for out-of-Town customers who account for only 20%
of your customers and whose average use of the product is slightly less than
in-town customers. You can imagine that these out-of-Town customers would
Town Council minutes for meetinq of November 22, 2005 6
wonder about the fairness not only of the proposed increase, but also about
the current policy of a 50% differential.
! do represent citizens both inside the Town and outside the Town limits.
!t is my considered opinion that all are equal shareholders in the utility,
equally invested. As customers, as shareholders they are all equally
dependant on the utility, its proper functioning and fiscal viability. They are
invested not only for their basic needs but also for maintaining their property
values. As such all shareholders should have any fees spread across all?
customers equally, ! believe that I told the Mayor, "Equal Fee Misery" for
residences.
! know you all to be thoughtful, willing to listen and consider carefully your
policies for providing vital services. And I know that you all need to address
this issue in a timely fashion. ! would as representative of the Catoctin
District respectfully request that you ask your consultant to return to you an
additional alternative which meets your financial goals for viability of the
system for FY 2006 and keep the current consumption surcharge at 50% for
out of Town customers (which we understand is exactly what the consultant
recommended - review for another alternative). Meanwhile over the next
year I would hope that you provide data for the underlying policy creating a
geographical two-tier consumption rate and provide your customers the logic
behind this policy created in the past.
My very best regards, Sally Kurtz" Catoctin District, Loudoun County
Board of Supervisors.
Kevin Shea, 18486 Orchid Drive, addressed Council. He expressed his
concern and vehement opposition to Council's intention to raise the water and
sewer rates in Spring Lakes. He stated the community will see this increase
as a reaction to the Council's unsuccessful attempts to annex these
properties.
Mr. Shea questioned Councilmember Hammler's statement that Town
resident's pay a surcharge through Town property taxes to live in Town and
receive services that out-of-town residents also have access. He asked what
those services are and how out-of-town residents access them.
Councilmember Hammler stated the central issue that we all share is the
logic behind decisions that were made in the past. The key one is the logic of
a central service of the Town of Leesburg being extended beyond the Town
limits. When that policy was enacted that split the abilities of those who were
served to no longer have representation at the Town level. She added there
are overhead services required to maintain a municipality and we need to
look at that central issue at the point at which the policy was created through
all the different master plans associated with extending water and sewer to
the annexation area. She added we were all going to be one community but
once we separated some did not have representation. Further, we are
looking at two parallel tracts as an enterprise fund but also all of the other
aspects that go into maintaining one community. That is were we need to
work together to get back to the one community goal.
Town Council minutes for meeting of November 22, 2005 ?
Mr. Shea said the Mayor has stated that the potential rate increases would
allow the Council to vote for a lower rate without the need for another public
hearing. He asked are they then to believe Council is ready to increase our
out-of-town rates by more than two percent while the in-town rates will not
increase more two percent?
The Mayor did not respond to Mr. Shea's question.
Mr. Shea stated the citizens oppose any rate increase that is not equal
across the board.
Council took a five-minute recess at 9:00 p.m.
Council reconvened at 9:08 p.m.
David Loughran, 43019 Mill Race Terrace, addressed Council. He stated
the red clothing in the audience represents anger at the fact that the county
water and sewer users have no representation. He asked Council to take
another look at this rate increase.
David D'onofrio, 42821 Forrest Spring Drive, passed out a letter emailed
to Council. He stated if the rationale is to cover incurred costs it should be
spread throughout the users equally. He asked if this action is to enforce a
boundary line adjustment to force the properties to be annexed into
Leesburg.
Keith Nusbaum, assistant for Scott York. Loudoun County Board of
Supervisors. He stated the citizens have really spoken out on these issues.
Mr. Nusbaum read the letter previously read into the record by Mr. Mark
Smith.
Sonya Kalia, 43273 Overview Place, addressed Council. Ms. Kalia stated
she lives in the Lansdowne community and is in opposition to the proposed
water and sewer rate increase. She provided a comparison as to what it
costs a Town resident to flush a toilet as opposed to the cost to a county user
to flush.
Further, she questioned why the out-of-town rate increase would become
effective on January 1, 2006 and the in-town residents would not have an
increase until six months later.
Sola Polata, 18270 Channel Ridge Court, Lakes at Red Rock addressed
Council adding there are 374 homes in their neighborhood which do not
support the increase.
Marcie Morrow, Potomac Station, 43159 Teaberry Drive addressed Council
agreeing with what has been said by the other speakers and asked Council to
please consider what is fair and just.
The public hearing closed at 9:23 p.m.
..... Councilmember Hammler left the meeting at 9:24 p.m.
Town Council minutes for meetinq of November 22, 2005
Vice Mayor Martinez thanked all the speakers for coming out and
expressed his appreciation for the information provided.
Councilmember Burk stated this is an example of what happens when
Council provides water and sewer outside the Town limits. She thanked all
the speakers.
H. Legislation
ORDINANCE
None
CONSENT AGENDA
On a motion by Councilmember Burk, seconded by Councilmember Home, the
following consent motion was proposed'
RESOLUTION
2005-185
Approving amendments to the FY 2006 General Fund Budget by authorizing an
additional police officer position to fulfill the department's obligation to the Northern
Virginia Criminal Justice Academy
RESOLUTION
2005-186
Authorizing use of the Council Chamber by Leadership Loudoun.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Vice Mayor Martinez and Mayor
Umstattd
Nay: None
Vote: 6-0-1 (Zoldos absent)
REGULAR AGENDA
The following item was deferred until the next Council meeting:
RESOLUTION
TLSE-2005-0002 B&M Motor Cars special exception to permit vehicle sales within the
B-3 Zoning District.
On a motion by Councilmember Burk, seconded by Councilmember Home, the
following motion was proposed:
RESOLUTION
2005-187
Making an appointment to the Standing Residential Traffic Committee - Mary Ann
Glennon.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Vice Mayor Martinez and Mayor
Umstattd
Nay: None
Town Council minutes for meetinq of November 22, 2005
9
Vote: 6-0-1 (Zoldos absent)
Board and Commissions
a. Airport Commission
Mayor Umstattd reported that Congressman Frank Wolf held a press
conference at the airport to announce $2,000,000 in funding for the :ILS
system at Leesburg Executive Airport.
Thomas Balch Library Commission
Councilmember Burk stated the trees at Balch are not installed yet.
Board of Architectural Review
Vice Mayor Martinez reported there is an opening on the BAR.
do
Cable Television Advisory Commission
No comment
e. Economic Development Commission
Councilmember Home reported the commission is preparing to present
their annual report to Council in December.
f. Environmental Advisory Commission
Councilmember Burk reported they are still working on their recycling
survey.
g. ]:nformation Technology Commission
Vice Mayor Martinez stated the commission reported to Council at
yesterday's meeting.
Parks and Recreation Commission
No comment
Planning Commission
No comment
j. Tree Commission
No comment
Standing Residential Traffic Committee
No comment
3. Old Business
No comment
K. New Business
No comment
L. Council Comments
Councilmember Horne stated her appreciation to those who came out to
speak tonight. She said that some of the email comments on the public hearing
have been threatening, calling Council unethical, etc. and she takes exception to
that.
Town Council minutes for meeting of November 22, 2005
She stated that each Councilmember commits a great deal of their personal
time to this community. She stated she takes exception to threats to local
businesses and restaurants. She stated that many of the folks here tonight came
out to support Wegmans which is in the Town boundaries.
She stated only Town residents would be affected by the failure of the Utility
Fund.
Further, Councilmember Home reported the trolley ridership is moving
forward with 2,400 riders in October. She expressed concern with 18-wheelers
coming through Town and asked the police department to investigate.
She wished everyone a wonderful Thanksgiving holiday and a Happy
Anniversary to her husband.
Councilmember Burk thanked Tom Jewell for donating the flags to mark the
opening of Dodona Manor and reminded citizens that tours are free to Loudoun
residents December through January.
Vice Mayor Martinez also thanked Mr. Jewell for donating the flags. He
concurred with Councilmember Horne regarding the comments made to Council on
the water and sewer rate increase. He wished everyone a Happy Thanksgiving.
Councilmember Kramer agreed with Councilmember Horne's comments on
the public hearing. She stated when a community comes in with threats and
disrespect to a governing body, it does not work. Further, taxation without
representation is a bit of a mute point as Leesburg has invited these neighborhoods
to be part of Leesburg.
She wished everyone a Happy Thanksgiving.
t4. Ha¥or'$ Comments
The Mayor reported she and John Wells met with Michael Firetti and the
Starwood Financial Group.
She complimented the skateboarders of Smartts Mill Middle School for taking
time to meet with her about skateboard opportunities in the Town. She stated they
don't want to use the skate park because the older kids put the little kids at risk, the
park is in the need of repair, and groups dominate the ramps. She asked them to
come to the December meeting to address Council.
She wished everyone a Happy Thanksgiving.
Further the Mayor thanked Brendan Pevarski from Congressman Wolf's office
for attending tonight's meeting.
N. Manager's Report
John Wells reported the tree lighting is Saturday, December 3 at 6:00 p.m.
followed by the Holiday Parade at 7:00 p.m.
Further, the Annual Holiday Decorating Contest is underway. Nominations
are due to Tami Watkins in the Town Manager's Office by December 8. Judges are
needed for the decorating cost.
Town Council minutes for meetinq of November 22, 2005
He added a trolley ride will take place on December 14 to distribute prizes
and trolley tours of prize winning houses on will be held December :[5 & 16.
Mr. Wells reminded everyone that parking is free in downtown Leesburg
starting Thursday, November 24 and continues throughout the holiday season.
He also stated the Liberty Street lot now has an additional 40 spaces for this period.
O. Adjournment
On a motion by Councilmember Burk, seconded by Councilmember Kramer,
the meeting adjourned at 9:44 p.m.
ATTEST:
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Town of Leesburg