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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 ATTEST: , a;{/ld 2007 _tcmin0227