HomeMy Public PortalAbout2007_02_27
COUNCIL MEETING
February 27, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd.
Councilmembers Absent:
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, Chief of Police Joe Price, Director of Planning, Zoning and
Development Susan Swift, Director of Parks and Recreation Kaj Dentler, Chief of
Capital Projects Management Nagi Elsewaissi, Director of Economic Development
Betsy Fields, Airport Director Tim Deike, Senior Management Analyst Annie Carlson,
Employee Benefits Administrator Maritza Irizarry, Bob Berkey, Balch Library Manager
Alexandra Gressitt, Management Specialist Tami Watkins and Clerk of Council Judy
Ahalt.
AGENDA
ITEMS
A. Invocation by Vice Mayor Horne
B. Salute to the Flag was led by Council Member Burk
C. Roll Call showing Council Member Reid arriving at 9:08 p.m. due to a
medical emergency.
D. Minutes
None presented
E. Presentations
a. Resolution of Appreciation - Terrie Laycock
On a motion by Council Member Burk, seconded by Council
Member Martinez, the following Resolution of Appreciation was presented to
Terrie Laycock:
Resolution of Appreciation
Terrie L. Laycock
WHEREAS, Terrie L. Laycock has served the Loudoun County
Government since 1977; and
WHEREAS, during her tenure Ms. Laycock served in many capacities
with the Loudoun County Government including Assistant County
Administrator; and
WHEREAS, Ms. Laycock has been a tireless advocate for Leesburg's
transportation issues at the local, state and federal levels; and
WHEREAS, Ms. Laycock has continually and consistently worked to
assist the Town of Leesburg on many major transportation projects including
Town Council Minutes of Februarv 27. 2007
Page 2
Battlefield Parkway, Sycolin Road, Tolbert Lane, Route 15, Evergreen Mill
Road and the Leesburg Park and Ride lot; and
WHEREAS, Ms. Laycock retired from service with the Loudoun County
Government on January 1, 2007.
THEREFORE, RESOLVED that the Mayor and Council of the Town of
Leesburg in Virginia hereby recognize and commend Terrie L. Laycock for her
tireless efforts and vast expertise which has served to benefit the citizens of
Loudoun County and the Town of Leesburg for 30 years.
PASSED this 27th day of February 2007.
b. Proclamation - Black History Month
The following Proclamation was presented:
PROCLAMATION
BLACK HISTORY MONTH
FEBRUARY 2007
WHEREAS, in February of 1926, sixty-one years after the ratification of
the 13th Amendment to the United States Constitution, Dr. Carter Woodson, a
noted historian, desired to recognize the achievements and contributions of
Black Americans in this country; and
WHEREAS, the month of February was appropriately chosen to
recognize the achievements of Black Americans as it contained the birth
anniversaries of Abraham Lincoln and Frederick Douglass; and
WHEREAS, the traditional one-week observance was expanded in 1976
to include the entire month of February; and
WHEREAS, historically Black Americans, such as Dr. Martin Luther
King, Jr., Harriet Tubman, Rosa Parks, Medgar Evans, Jessie Jackson, Dred
Scott and Mary McLeod Bethune have worked to lay the very foundation for the
free and diverse society that we as Americans enjoy today.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the month of February of the Year 2007 as Black History
Month in the Town of Leesburg and urge the citizens of Leesburg to join in
recognizing the contributions made by the Loudoun Chapter of the NAACP and
other community organizations to preserve and remember the
accomplishments of Black Americans throughout the history of our nation.
PROCLAIMED this 27th day of February 2007.
c. Cable Commission Annual Report - J.B. Anderson &
Tom Seeman
Mr. Anderson provided an update on the Gatehouse Cable Service as
follows: (1) Council approved surrender of the Gatehouse Cable Franchise
agreement in December 2006; (2) service was terminated on January 2,
Town Council Minutes of February 27.2007
Paae 3
2007; (3) INET and Franchise Fees were settled; and (4) and other options
for cable service were put in place.
In reference to broadcasting, (1) VerizonjComcast now has
interconnection for Channel 21; (2) Government access channels available for
Verizon subscribers available by March 2007 and (3) Cable Commission Public
Access Program: Leesburg Impromptu on March 2, 2007.
He reported subcommittee activities as follows: (1) Public Access -
use franchise funds for studio equipment, Monroe Technology Center and
Cable Commission public access programming; (2) Public Safety and
Communication - Emergency Alert System and Update Cable Commission info
on the web; (3) Cable Ordinance - Redraft Cable Ordinance to comply with
State Law.
In the future the Commission will (1) make a presentation on the
Emergency Alert System; (2) attend a Policy and Legal Seminar on March 8
and 9 in Alexandria, Virginia hosted by the National Association of
Telecommunication Officers and Advisors; (3) continue monitoring franchise
agreements; (4) and continue outreach for public access and government
access.
Council thanked Mr. Anderson and Seeman for the presentation.
d. American Red Cross
The following proclamation was presented to American Red Cross
representative Carol Barbe:
PROCLAMATION
Loudoun Red Cross 90th Anniversary
March 9. 2007
WHEREAS, for 90 years the Loudoun Red Cross and its thousands of
volunteers and donors have served the citizens of Loudoun County; and
WHEREAS, the Loudoun Red Cross has assisted countless residents in times of
need, including their response to 35 local emergencies in the past year; and
WHEREAS, the scope of the Loudoun Red Cross's efforts extends beyond
disaster relief to the organization of blood drives, assistance to military personnel and
families and instruction in CPR and First Aid; and
WHEREAS, during this year of celebration the Loudoun Red Cross plans to
"focus on the spirit of the volunteers, donors, partners and employees who support the
Red Cross mission of humanitarianism"; and
WHEREAS, it is fitting to recognize the many accomplishments and
contributions of the Loudoun Red Cross as we celebrate their 90 years of service to the
community.
THEREFORE, RESOLVED, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the Loudoun Red Cross on their 90th anniversary and
extend our gratitude to their many donors, volunteers and employees.
Town Council Minutes of February 27. 2007
Page 4
PROCLAIMED this 27th day of February 2007.
Ms. Barbe thanked the Town for their support throughout the years.
Tom (name not given) stated the Red Cross would like to stay in the Town and
has purchased property on Sycolin Road next to Virginia Electric and Power Company.
Additionally, the food bank may be located there. He stated as a result of Katrina the
Red Cross has trained 800 volunteers.
F. Petitioner's
The petitioner's section opened at 8:07 p.m.
Jeanne Niccolls, 35551 Sassafras Drive, Round Hill, VA addressed Council on
behalf of the coordinating committee of the 31 artists of the Second Annual Western
Loudoun Artists Studio Tour. It will be held June 2 & 3. This will give the public the
opportunity to visit the 31 artist's studios in Western Loudoun. She stated Leesburg
is a gateway for visitors coming from the east and central Loudoun and Leesburg has
seven artists in the tour this year. She added they expect the tour to grow and
become a County destination.
Additionally, she asked Leesburg to support the studio tour in two ways, one
is to post the event on Leesburg's calendar of events and the other is to submit an
application for a local government challenge grant to the Virginia Commission for the
Arts to help fund the event next year. Any funds received will be dedicated to local
and regional advertising to attract visitors to the area.
John Wells stated staff will review the grant information and report to Council.
The petitioner's section closed at 8: 13 p.m.
Mayor Umstattd read letters from Mrs. Hower's pre-kindergarten class at
Loudoun Country Day School on what the students would "do if they were Mayor".
G. FY-2009 Budget and CIP Presentation
John Wells stated the proposed budget for all funds totals $108,718,253.
Approval of this budget and the proposed funding plan will allow the Council to
maintain the real property tax rate of 18 cents and reduce the Town portion of the
real estate tax bill for the average homeowner by 7.9%.
He stated the 5-year Capital Improvements Program (CIA) is also provided
for consideration and action. The CIP includes funding for 85 different projects and
totals $138,310,742 over the next five years. The proposed funding plan for the CIP
complies with all fiscal policy debt ratios. He added given our aggressive Capital
Improvements Program, it is vital that we strive to achieve the highest credit rating
possible in order to obtain the greatest savings possible when bonds are sold to meet
our capital facility needs.
He stated in developing the budget he considered Council priorities, the
average homeowner tax bill and fiscal policies. He stated the Leesburg economy
continues to reflect positive trends in total with a more modest outlook for the
Town Council Minutes of February 27.2007
Page 5
future. For 2007, the Town's overall real estate tax base declined by $146,000,000.
Consequently, the average single-family home decreased in value by about 8%.
He stated 27% of the general fund budget is funded by real property tax
revenues, and in anticipation of the decline in values the Council was wise to adopt
and establish the Revenue Stabilization Reserve to address declining assessments so
the goal of service stability could be maintained.
He stated the FY 08 Proposed Budget balances resources and expenditures
and provides for the continuation of service levels in most areas, maintains the
momentum of our long-term capital improvements program and is mindful of the
Council's area of priority.
Mr. Wells highlighted some of the Town's noteworthy accomplishments as an
indication of the quality of work performed and the quality of our workforce. Further
he noted a number of significant projects that have been completed.
He stated much of what is included in the proposed budget maintains current
service level and operations.
He stated the proposed General Fund Budget totals $45.8 million which is an
increase of $1.9 million dollars or 4.3% over the FY 07. Program change proposals
for new or expanded needs total $230,000 and the budget maintains funding for
most services and adds two positions to the Police Department in the area of
Criminal Investigations and Vice/Narcotics, and an administrative technical position
in the Information Technology Department. He added the General Fund also includes
a suggested fifty cent increase in daily admission fees for Ida Lee Recreation Center.
Further, in terms of a compensation package for Town employees, the current
pay-for-performance system is funded for FY 08 along with a 2% cost-of-Iiving
adjustment. Also, proposed is a $400 increase to the optional benefit program.
Mr. Wells stated the Proposed Utility Fund reflects a decrease of $12.5 million
with the majority reflected in the capital budget.
This year's Capital Improvements Program is a continuation of last year's
program and totals $138,310,742 with 85 projects receiving funding. He outlined
some of the projects that are currently in construction and include funding in the
CIP.
He stated the he and Town staff have worked throughout this past year in a
proactive manner, across all funds to implement financial saving and program
efficiencies. One of the key areas of focus was position vacancies. In summer, the
result of this effort is one position has been eliminated, four positions have been
'frozen' and de-funded for FY 08, and one position has been reassigned to fill a
current vacancy.
This year Council had the opportunity to refund $12.5 million in outstanding
debt. By regular monitoring our outstanding debt and the financial markets, the
Town was able to achieve considerable savings.
Town Council Minutes of February 27.2007
Page 6
By working with the Town's Financial Advisors, Town staff has implemented a
new investment program designed to maximize case available for investments and
determine maximum lengths of maturities.
The Town has re-bid the health insurance package for a savings of $300,000.
He recognized the hard work of Town staff in the development of this budget.
He concluded by saying the next step is to begin our budget work sessions and the
public hearing has been set for March 12.
Council Member Burk stated she is anxious to see the budget.
Vice Mayor Horne thanked Mr. Wells and staff for their hard work.
Council Member Martinez thanked Mr. Wells for steering us in the right
direction.
Council Member Hammier thanked Mr. Wells for the excellent presentation
and communicating effectively to the community.
Council Member Wright stated the budget is very much on target. He stated
we need to be mindful with what is happening currently with our revenues and the
impacts on individual tax bills. He stated it will be a balancing act to decide which
items to fund.
He suggested an overall review of other general fund revenue sources to get
an understanding of what they are and to make comparisons with other jurisdictions
are doing, to look at our long range transportation plan, and a detailed review of the
utility fund.
Mayor Umstattd echoed the comments of other Council members. She stated
her appreciation of the sensitivity on tax rate projections and coming in with a
balanced budget and an 8% reduction on the overall tax bill.
John Wells gave Council an overview of the layout of the budget book and
pointed out where to find specific items of interest.
H. Public Hearing
None
I.
I
Legislation
ORDINANCES
None
CONSENT AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the
following consent motion was proposed:
2007-33
RESOLUTION
Accepting the public improvements, releasing the performance guarantee and
approving a maintenance guarantee for public improvements at Battlefield
Marketplace Traffic Signal Installation and Pavement Marking
Town Council Minutes of February 27. 2007
Page 7
2007-34
RESOLUTION
Awarding a construction contract for King Street/Loudoun Street Mast Arm
installation
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Horne,
was proposed:
MOTION
Amending Paragraph Five of the Town Attorney Contract
Mr. Wells stated this is a contract clarification of the previous contract
amendment which identifies more clearly how the funds for the contract are
allocated.
Council Member Wright stated this solely deals with the Town Attorney's
compensation to which he is opposed therefore he will be voting nay.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid and Mayor Umstattd
Nay: Wright
Vote: 6-1
On a motion by Council Member Martinez, seconded by Mayor Umstattd, the
following motion was proposed:
2007-35
RESOLUTION
Rescinding Resolution No. 2007-31 authorizing the Town Manager to advertise a
notice of public hearing for examining the structure of current water and sewer rates
for in-Town and out-of- Town customers.
Mayor Umstattd asked for the resolution to include in the therefore, resolved
that Resolution No. 2007-31 is rescinded and the Town Manager is directed to
advertise the public hearing.
Council Member Wright stated the intent is to make the previous action a two
step process. A public hearing to examine the rate structure and to talk about the
rates as part of the budget.
His concern is he would like to move diligently to react on the rates as we
continue to do our analysis to catch up on many years where analysis was not done.
He suggested discussing the rate structure and adopting a more detailed fiscal policy
for the Utility Fund, one of which would be an annual rate review as opposed to
adopting a 5-6 year rate plan that may not be able to react to actual rate forces.
Town Council Minutes of February 27. 2007
Page 8
He stated the first paragraph of the draft advertisement, says a surcharge
change could result in increased rates. However, there are other factors in our
budget documents that could result in increased rates as well such as the slower
growth and the Utility Fund or a possible reduction in the future growth area of our
service area.
The Mayor stated she believes the sentence is neutral and to not list it would
be a disservice to Town residents. She stated she would add a surcharge change
could result in a 45% increase to in-Town rates.
Council Member Hammier stated she also thinks it is important to have a
detailed spreadsheet available on the web or in Town Hall for citizens to review.
Council Member Martinez stated public input should preclude the budget work
session and that in-Town residents are aware of all the facts.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following motion was proposed:
2007-36
RESOLUTION
Encouraging Loudoun County to engage in discussions regarding the 2009
Agreement with the County regarding Ida Lee Park
Council Member Wright stated the Town has been proactively trying to reach
out to the County for months regarding discussions on this issue.
Mr. Dentler provided further explanation of the intent of the letter which is to
have a similar makeup for the Town as the County participants, i.e. Council, Advisory
Board and Director of Parks and Recreation.
Council Member Reid stated he wanted to be sure Council was represented at
the meeting with the County.
Vice-Mayor Horne stated the assumptions in the CIP are to expand Ida Lee
Recreation Center. That is based on an assumption that County residents will
continue using the facility. Her first priority for the Town would be if the County
residents continue to use Ida Lee they should contribute to the expansion.
Council Member Hammier made a friendly amendment to clarify the therefore
resolved to state, "designated officials" as opposed to appropriate officials.
Council Members Martinez and Wright accepted the friendly amendment.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Town Council Minutes of February 27. 2007
Page 9
Vote: 7-0
J. Boards and Commissions
a. Airport Commission
Vice Mayor Horne stated the Commission will bring forward an airport
tenants contract to Council.
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
Council Member Martinez stated Mary Ann Skyler is leaving the Board
and he is looking for a candidate.
d. Cable Television Advisory Commission
No comment
e. Commission on Public Art
No comment
f. Economic Development Commission
Council Member Martinez stated the Commission will have a WiFi
discussion with the IT Commission.
g. Environmental Advisory Commission
No comment
h. Information Technology Commission
No comment
i. Parks and Recreation Commission
No comment
j. Planning Commission
No comment
k. Tree Commission
No comment
I. Standing Residential Traffic Committee
Council Member Reid stated the Tavistock HOA has requested a no
parking zone on Tavistock Drive.
K. Old Business
L. New Business
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
2007-37
RESOLUTION
Town Council Minutes of February 27. 2007
Page 10
Authorizing Town Staff to cooperatively work with LCSA toward exploring the
feasibility of a combined and shared wastewater conveyance system for Lower
Sycolin Creek Water Shed (LSCSS)
Council Member Martinez stated this shows a level of partnership with the
County.
Council Member Wright this is only a feasibility study and once we gather the
facts we can determine if we wish to go forward.
Mayor Umstattd stated she is skeptical about this proposal, but it is good to
explore options.
Council Member Hammier stated her concern with the linkage to Crosstrail.
She suggested an amendment the motion to have a report back to Council in
60 days.
Council Members Martinez agreed with the amendment.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Budget work session scheduling
After discussion Council decided on a 6-0-1(Horne opposed) vote that budget
work sessions would occur on Tuesday and Thursday nights.
M. New Business for Consideration at a future meeting
a. Alley Project (to be discussed as part of the FY 08 BudgetlCIP)
No discussion
b. H-l & H-2 Design Guidelines
Council Member Reid stated this item no longer needs to be listed.
c. Photo Red Light Enforcement
Council Member Wright asked that an implementation plan be
provided.
N. Council Comments
Council Member Reid disclosed a discussion with Jeff Saxe of Peterson
Companies regarding Cross trail.
He apologized for being late to the Council meeting stating he was attending
to his mother who was hospitalized.
He asked for a briefing on the significance and implications to the Town of the
Transportation Funding Package passed by the General Assembly.
Council Member Wright wished Council Member Reid's mother a speedy
recovery .
Town Council Minutes of February 27. 2007
Page 11
He reported a meeting with David Ritchey from Clark Realty regarding
rezoning at Market Square in Potomac Station.
He stated Mary Ann Skyler has been an asset to the BAR and will be missed.
Council Member Hammier reported a call from Stu Curley on Monday regard
the water litigation. She will be attending the Richmond Bio-tech center on Tuesday.
Congratulations to everyone who worked so hard to get the votes to pass the
Leesburg Charter Bill.
She reiterated as part of the resolution on the Ida Lee Recreation Center the
importance of considering the reality of funding not being available for Phil Bolen
Park and the Recreation Center. She added we have a lot of information to gather
and the next county task force meeting is coming up on the 13th of March.
She disclosed a phone conversation with Rob Huebbers and Rod Williams with
Inova Hospital and will give an update at the next Council meeting.
Council Member Martinez congratulated the Red Cross for their recognition of
90 Years. He stated he will miss Mary Ann Skyler.
Vice Mayor Horne reminded that she and Council Member Burk will be
working diligently with Town staff to get organized for the Keep Leesburg Beautiful
community clean up event on April 14.
She stated she was pleased that several Leesburg developments are in the
running for the future relocation of the County Government Center.
She congratulated the Red Cross on their plans to build their own building.
She added to the next agenda an item to discuss what affordable workforce
housing may be underway now that the Charter Bill has been passed.
She stated she has an opening on the Environmental Advisory Commission.
She stated she will be supporting putting the SW Trail Connector project in
the CIP.
Council Member Burk reminded everyone the Shenandoah University Teach of
the Year Award applications must be submitted by April 20.
o. Mayor's Comments
Mayor Umstattd stated a ribbon cutting will take place on March 21 for the
Suzuki Dealership on E. Market Street. Mr. Suzuki, son of the founder, will be in
attendance.
She disclosed a telephone conversation with Rod Williams with Inova and will
be meeting with them soon to discuss their plans at the Cornwall Campus.
She reminded citizens that May 19 is the County Anniversary Celebration and
that event will not interfere with the Catoctin Elementary School Carnival.
Town Council Minutes of February 27. 2007
Page 12
The Mayor stated she is very proud of the high level of integrity of this
Council.
She stated if Council is approached by any property owner regarding
purchasing their property for a performing arts center, she is not in favor of spending
Town funds for that purpose.
However, if Council does decide to go forward with those expenditures, please
be aware of your fiduciary duty to the taxpayer by acquiring property prior to
rezoning.
P. Manager's Comments
John Wells reported the task force is reviewing County Government Center
proposals.
He suggested that Council have a 7 p.m. start over four meetings in March to
hear reports on the proposed sites in the Town for the government center.
Q. Town Attorney Comments
Ms. Beach reported that Virginia Power has asked the hearing examiner to
extend their meeting to July 31.
She reported she will be meeting with the plaintiff's counsel on March 5
regarding the water rate litigation.
She reported she is appealing the Centex application to the Supreme Court.
Q. Adjournment
On a motion by Council Member Martinez, seconded by Vice-Mayor Horne, the
meeting adjourned at 10: 10 p.m.
~l\~
. C. Umstattd, Mayor
Town of Leesburg
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