HomeMy Public PortalAbout2007_04_10
COUNCIL MEETING
April 10, 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.
Council members 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 Utilities Randy Shoemaker, Director of Capital
Projects Management Nagi Elsewaissi, Director of Finance Norm Butts, Director of
Parks and Recreation Kaj Dentler, Director of Human Resources Nancy Fixx, Director
of Economic Development Betsy Fields, Tourism Coordinator Marantha Edwards,
Management and Budget Specialist Bob Berkey, Planner Wade Burkholder, Planner
Chris Murphy, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. INVOCATION: Council Member Wright
B. SALUTE TO THE FLAG: Eagle Scout Joel Hannah
C. ROLL CALL showing all present
D. MINUTES
a. Regular Session Minutes of December 12, 2006
On a motion by Council Member Wright, seconded by Council Member
Reid, the minutes of the December 12, 2006 regular session were approved
by a 7-0 vote.
b. Work Session Minutes of January 8, 2007
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the minutes of the January 8, 2007 meeting were approved by a 7-
o vote.
E. PRESENTATIONS
a. Certificate of Appreciation - Bob Skunda
The presentation of this certificate was postponed to a future meeting.
b. Certificate of Recognition - Eagle Scout Joel Hannah
On a motion by Council Member Martinez, seconded by Council
Member Burk, a Certificate of Appreciation was presented to Joel Hannah for
the achievement of the rank of Eagle Scout on March 4, 2007 and for
demonstrating good citizenship and leadership in the community.
c. Proclamation - Arbor Day
On a motion by Council Member Martinez, seconded by
Council member Burk, the following proclamation was presented to Earl
Hower:
Town Council Meetina of Aoril 10. 2007
Page 2
PROCLAMATION
ARBOR DA Y
APRIL 21, 2007
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board
of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this special day, called Arbor Day, was first observed with
the planting of more than a million trees in Nebraska; and
WHEREAS, trees reduce the erosion of topsoil, moderate temperature,
reduce heating and cooling costs, clean the air, produce oxygen and provide a
habitat for wildlife; and
WHEREAS, trees in our town increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, the Town of Leesburg has been recognized as a Tree City
USA by the National Arbor Day Foundation for eighteen consecutive years and
desires to continue its tree planting ways.
THEREFORE RESOLVED, the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim April 21st as the official Arbor Day of the
Town of Leesburg for 2007.
PASSED this 10th day of April 2007.
F. PETITIONERS
The petitioners section opened at 7: 51 p. m.
Ed Gorski. 204 Stratford Place SW, addressed Council as a Loudoun County
Land Use Planner for the PEC and a resident of Leesburg. He stated he has 30 years
of experience as a planner and the Crosstrail application (ZMAP 2005-0011) will have
significant negative impacts on the Town. While the County has primarily been
dealing with transportation issues, the current set of proffers has significant negative
impact on the Town. Another issue is utilities, which is totally being ignored by the
County.
On December 5, 2006 the Loudoun County Board of Supervisors was unable
to decide on the language to amend a motion to amend the language dealing with
their Comprehensive Plan. The revised County General Plan states the Towns will be
the provider of water and sewer in their own Joint Land Management Area (JLM).
The Loudoun County Sanitation Authority (LCSA) completed an analysis of the
benefits of a single shared waste water conveyance system for the Lower Sycolin
Sewer Shed. The County Planning staff report dated March 26, 2007 to the
Transportation and Land Use Committee indicated this utility service delivery issue
extends to all of the JLMA and the transition policy area within the Lower Sycolin
Sewer Shed.
However, on March 20, 2007 the Loudoun County Board of Supervisors
denied CPAM-2006-0003 conversion of a portion of the transition area or the
Ridgewater Park CPAM. Therefore, the LCSA analysis which was based on suburban
Town Council Meeting of April 10. 2007
Page 3
density in the Lower Sycolin sub-areas (the transition area) The LCSA analysis
including the cost estimates are no longer valid. The County Planning staff report
dated March 26 indicated that LCSA did not address water utilities in this proposal.
The LCSA report to Council indicated that both entities are expected to provide water
to their service areas.
On March 13, 2007 Judge Thomas Horne stated Purcellville's ability to have a
collaborative role in the citing of HS3 states, "any municipal plan may include the
planning of adjacent unincorporated territory to the extent which the municipal
Planning Commission's judgment is related to the planning of the incorporated
territory of the municipality." The County's Revised General Plan acknowledges the
need for such joint planning efforts when it says joint policy documents in the JMLA
will be adopted by the County through cooperative planning efforts with the Town
and decisions on land use applications concerning land in the JMLA will be made by
the County with consultation and collaboration with the Town.
As a result of the denial of the Ridgewater Park CPAM, the failure of the LCSA
to provide a feasible alternative to the Town's provision of providing water and sewer
to the JMLA, coupled with Judge's Horne ruling that decisions on land use
applications concerning land in the JMLA should be made by the County in
collaboration with the Town, that the Town of Leesburg is now in the driver's seat
with respective to the provision of utilities to the Crosstrail property. He stated in his
professional opinion and in light of the numerous negative impacts to the Town
which would result from the County's approval of the Crosstrail rezoning, the Town
should exercise its right of refusal to provide water and sewer to this property. He
thanked Council for looking out for the interest of Town residents.
GiGi Robinson. 207 Prince Street, addressed Council. She stated Crosstrail will
resurface again at the Loudoun County Transportation and Land Use Committee
(TLUC) on the April 23. She stated as you have heard from Scott Parker there are
many infractions and inconsistencies. After three months in committee, the applicant
still isn't able comply with the newly relaxed rules of the December CPAM.
Regarding land use alone, they are 47% under the projected regional office, 13%
over on commercial retail. The overuse of retail must be carefully scrutinized. A
90,000 square feet theatre will take viewers from the Tally Ho and Regal Cinema.
The stores will become a shopping mecca. Bye, Bye to Dulles Town Center.
Item 3 - to support this mixed use mess we will be given the opportunity to
pay more than $8.9 million per year. Who knows what the cost of government or
schools will be in the future. Those new taxes give us neither additional quality of
life amenities nor new or upgraded roads. In fact, at the last meeting the Dulles
Area Supervisor did not ask the applicant for additional roads but reprimanded the
staff for making too many demands of the applicant.
Item 4 - why hasn't the TLUC demanded that the applicant allocate all 40
acres requested by the Town for the airport? How is it that Peterson Companies
dictates the formula that makes the County tell the Town how much to spend for less
acreage than it needs.
Ultimately when all is said and done with all the time this developer has been
given by the County we will have sold out for a mere $3.2 million in proffers.
Leesburg and Loudoun needs a stretch of land set aside for corporate business. In
Fairfax you see mostly business lining the Dulles Toll Road, and we has mixed use.
Town Council Meeting of April 10. 2007
Page 4
This parcel is in the JLMA which means you rightfully have a hand in planning and
execution. I look forward to renewed and robust involvement.
Gem Bingol. 1508 Shields Terrace, Leesburg, addressed Council with concerns
of the proposed excess retail proposed for Crosstrail. She stated there are two recent
retail studies and the Peterson consultant did not include the premium outlet as part
of analysis. In addition on page two of their report; it says "the subject property will
benefit from visibility and direct access to the Dulles Greenway, the main arterial in
Loudoun County". The shoppers traveling to Crosstrail will use Leesburg roads to get
to their destination.
Another Loudoun retail center was just recently approved for 390,000 square
feet of retail. These two centers will steer retail from Leesburg. I know Council is
interested in maintaining a vibrant Downtown Leesburg. I ask you to continue to
stand up for Leesburg. What is good for Leesburg is good for Loudoun County.
Gem Binaol, 1508 Shields Terrace, Leesburg, addressed Council on behalf of
her involvement with the Piedmont Environmental Council (PEe). She updated
Council on their project to protecting human health and water quality in Leesburg
and its watershed. She stated in 2003 the PEC and Goose Creek Association working
with the Center for Watershed Protection completed a rapid watershed process for
Goose Creek. This provided a snapshot of current and future conditions across the
entire watershed covering half of Loudoun County and part of Fauquier. Not
surprising the Town of Leesburg, the most developed area in the watershed, and the
Tuscarora Creek sub-watershed in particular, showed up with the highest levels of
imperviousness which correlates to declining stream quality. Buildout conditions will
cause the watershed quality to continue to decline.
She reminded Council the Tuscarora Watershed Report will be presented at
7:00 p.m. on Wednesday, April 25 at Ida Lee Recreation Center.
Rachel Remuzzi. 216 Browns Meadow Court, addressed Council concerning an
ongoing drainage problem in her back yard and asked for funding to address the
problem.
Nagi Elsewaissi stated the drainage problems in that neighborhood are in the
Capital Improvements Projects appendix.
Mayor Umstattd verified there has been a study of this project but the design
has not been determined.
Mr. Elsewaissi stated there is a big tree blocking the water flow.
Council Member Reid verified with Ms. Remuzzi that this problem has been
recurring for five years. He stated according to the appendix there are two other
properties affected.
Mr. Elsewaissi stated only one resident is affected and the problem could be
remedied by the resident if the tree were taken down and a shed relocated to allow
for drainage to the storm sewer. He added we may need to acquire an easement
and the project is estimated to cost from between $200,000 and $400,000.
Town Council Meeting of April 10. 2007
Page 5
Ms. Remuzzi stated at times there is standing water of approximately two
feet.
Mayor Umstattd stated the property owner needs to remove a tree from the
ditch and relocate the shed.
John Wells stated we can provide further information to Council at their next
meeti ng.
The petitioner's section closed at 8: 20 p. m.
G. PUBLIC HEARING
a. TLSE-2006-0006 - Catoctin Circle Center parking structure
The public hearing opened at 8:21 p.m.
Chris Murphy gave an overview of the proposed project to amend
TLSE-2004-0007 to revise the height of a private parking structure from 21'7"
to 33'. Further, he stated the Planning Commission and staff recommends
approval with conditions as outlined in the staff report.
Council Member Burk verified the applicant has agreed to the
conditions in the staff report.
There were no petitioners.
The public hearing closed at 8:28 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Wright, the following motion was proposed:
RESOLUTION
Approving special exception TLSE-2006-0006, Catoctin Circle Center, to
permit a private parking structure at Catoctin Circle near Edwards Ferry Road,
NE.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. TLSE-2006-0009 - Southern Electric Repair Facility
The public hearing opened at 8:30 p.m.
Chris Murphy gave an overview of this application to permit a
vehicle/equipment repair facility at 7 Cardinal Park Drive as an accessory use
to an electrical contractor for use within the B-3 Community
Retail/Commercial Zoning District.
He stated the Planning Commission has recommended approval
subject to the conditions of the March 1, 2007 staff report.
Town Council Meeting of April 10. 2007
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He added the Board of Architectural Review has approved on the basis
the building is not visible from the Market Street. Also, improvements include
landscaping along the perimeter of the site, paving of parking lot at the site
and a new storm water management system.
He stated staff also recommends approval subject to the conditions
outlined.
Council Member Burk verified the applicant has agreed to conditions.
Vice Mayor Horne clarified paving is required because it is a
requirement in the Design and Construction Standards Manual (DCSM).
Mayor Umstattd added Council has voted to allow grass creet for
residential driveways and she would like to see it expanded to businesses.
Council Member Martinez clarified a substantial amount of landscaping
will be added to the site.
Beckham Dickerson addressed Council on behalf of the applicant. He
said in this case the answer is trees. However, all of the paving in this area
contributes to the Chesapeake Water Shed and he would like to see ordinance
changes regarding paving. This site is a good example of where gravel could
be used as there is not a significant amount of traffic.
Council Member Burk asked why we can not allow gravel.
The Town Attorney stated the DCSM does not allow gravel and can
only be changed by a code amendment.
There was a discussion as to whether Council can approve the
resolution as drafted tonight and ask the Planning Commission to amend the
DCSM.
Council Member Wright stated the conditions do not require paving
and asked could it possibly be amended at the site plan stage.
Ms. Beach stated the application must comply with all ordinances and
comply with the code at the time of site plan approval.
Susan Swift clarified the site plan does not specifically mention paving,
but it says we must comply with the Town Code and DCSM. Consequently if
one of those were to change, that would avoid him having to come back to
make at change.
John Wells stated the DCSM is currently under review but he is unsure
whether this issue is one of the changes.
There were no petitioners.
The public hearing closed at 8:48 p.m.
Town Council Meetina of April 10. 2007
Page 7
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following was proposed:
RESOLUTION
Approving special exception TLSE-2006-0009, Southern Electric, to permit an
accessory vehicle/equipment repair facility at 7 Cardinal Park Drive, SE.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. Adopting the fiscal year 2008 budget beginning July 1, 2007 and
ending June 30, 2008.
This public hearing opened at 8:50 p.m.
Sandy Kane. 815 Kenneth Place, SE, Leesburg, addressed Council.
She thanked Council for including funding for the construction of a dog park.
Secondly, she suggested including the Environmental Advisory
Commission's recommendation regarding impervious surfaces.
GiGi Robinson. 207 Prince Street, addressed Council. She
commended Council Member Wright for finding savings in the proposed
budget.
She stated you cannot give a merit and cost-of-living adjustment in
the same year; the first priority should be the safety of citizens.
She stated the need for a pedestrian initiated four-way red light at
Edwards Ferry Road and the Rt. 15 Bypass. This could be an interim solution
until we have the funding for a better solution. She added we do not need
more signs in Leesburg.
Ms. Robinson stated the total funding for storm drainage in 2008 is
only $3 million. She added we have a wrong set of priorities.
With reference to the Battlefield Parkway tree canopy, she asked that
we ask Betsy Fields to engage the business owners in Leesburg to own a tree.
She stated, before you vote, we need to do the unglamorous stuff this year:
storm drainage, pedestrian walkways, etc. Things such as the dog park must
wait.
The public hearing closed at 8: 56 p.m.
Vice Mayor Horne stated there are capital expenses related to the
250th Anniversary Celebration. Such things as funding to help with the
purchase of uniforms for the Border Guards and a display cabinet for the
Loudoun Museum. She stated she would request some additional funding for
these two items or funding from the contingency fund.
Town Council Meeting of April 10. 2007
Page 8
John Wells stated the Loudoun Museum made a request for
supplemental funds in the FY 07 budget for $5,000; the current year budget a
request for costumes for their heritage players. For FY 08 they requested
panels for the anniversary exhibits and for a display case that would be
returned back to the Town and supplies for Court and Market Days.
He added the Contingency Fund could be amended by the amount
needed for their request.
Council Member Hammier asked if the proposed $18,000 - $20,000
study proposed by Economic Development was allocated in the last fiscal year
and approved in the departmental budget.
Mr. Wells suggested looking at the economic development funding at
the upcoming retreat.
He verified the Contingency Fund will be reduced by $3,000 for
Loudoun Museum and $1,460 for the Border Guards.
Council Member Wright stated the need to abide by the guidelines for
funding these categories and suggested that we reflect their contributions of
services.
Mr. Wells stated the donations to a 501C cannot attach strings. It
must be funded through a grant or removed from the tourism category.
Further, he stated this would be a one time allotment.
Council Member Burk verified the Loudoun Museum also receives
funding from the County.
Council Member Martinez stated the policy for non-departmental
agencies should be revisited. Further, we should not cut funding for public
safety.
Council Member Hammier stated we will not be proposing further
amendments to the budget.
Council Member Wright stated he respects the process of the mark up
session and will have no further amendments.
Council Member Reid stated the markup sessions had no public
coverage.
He stated the $53,000 going to Social Services is coming from the
Uran Fund, not taxpayers.
He too suggested revisiting the Non-Departmental Funding Policy.
He reminded Council that we are approaching our Fiscal Policy Debt
Ratio cap.
Council Member Reid stated he would like to propose some
reallocations in the capital budget and operational cuts to reduce the debt.
Town Council Meeting of Aoril 10. 2007
Page 9
Council Member Martinez, seconded by Council Member Hammier,
proposed the following motion:
ORDINANCE 2007-0-10
Adopting the FY 2008 budget: General Fund in the amount of $45,724,291;
Utilities Fund in the amount of $32,283,417; Airport Fund in the amount of
$3,127,179; and Capital Project Funds in the amount of $28,330,883.
Vice Mayor Horne stated she would like to amend the contingency
fund.
Council Member Burk seconded the motion.
Town Attorney Beach stated reallocation can be done by a motion and
will not amend the budget amount.
Council Member Martinez stated he supports giving the border guards
the full allocation.
Mr. Wells stated this should be done by a separate motion to amend
the contingency fund.
Ms. Beach stated the process is to first adopt the budget ordinance
and secondly by a separate motion, the reallocation of funds within the
budget. Finally an ordinance to appropriate the funds.
Council Member Reid stated he supports a merit increase equal with
the County. He proposed 0-4 percent merit increase. Further, he
recommended a reduction in the travel and training budget for the Economic
Development Department.
Council Member Reid made a motion to amend and to direct the Town
Manager to set a policy to decrease the merit increase to 0-4%.
He added this will save funds to allocate to Capital Projects or to
reduce the debt.
The Mayor asked if Council Member Reid had specific figures by which
he would reduce the General Fund and increase Capital Projects Fund?
Council Member Wright seconded the motion and stated this proposal
would reduce the General Fund by $242,000, Capital Projects by $9,000, the
Utility Fund by $63,000, and the Airport Fund by $3,000.
Council Member Hammier verified this amendment does not require a
super majority.
Council Member Martinez stated he cannot support this amendment.
Town Council Meeting of April 10. 2007
Page 10
Council Member Wright stated his arguments are based on what is
driving the market, adding the overall package for employees is improving.
However, he does not want to diminish the excellent work of staff.
Council Hammier stated she cannot support this amendment. She
stated she would have supported maintaining the merit increases and looking
at COLA increases and further incentives for high performers.
The Mayor stated she cannot support this amendment.
Mr. Wells stated the COLA is an adjustment for the cost of inflation;
the merit increase is a graduated amount. He stated we have an improved
evaluation process and the 0-5% works well. Further, he stated his belief
that Leesburg has a better evaluation system than the County.
Mayor Umstattd stated the federal government gets a COLA and a step
increase. This didn't result in anything much different than the Town's
system. She added she trusts the Town Manager's decision.
The amendment failed by the following vote:
Aye: Reid and Wright
Nay: Burk, Horne, Hammier, Martinez and Mayor Umstattd
Vote: 2-5
Council Member Reid made a motion to reduce the budget of the
Economic Development staff by $53,000 - Travel and Training by $8,000;
Materials and Supplies by $14,500; and Contractual Services by $31,000.
The motion was seconded by Council Member Wright.
Council Member Hammier asked for clarification on the impact of the
reduction on materials and supplies and contractual services?
Mr. Wells suggested no changes until Council knows what changes will
be put in place after the Council meeting with the Economic Development
Commission. He stated the budget can be adjusted at any time, but we
need to know what we want to do from an Economic development
perspective.
Council Member Wright stated his goal was to take out the increase
from last year.
The motion to amend failed by the following vote:
Aye: Hammier, Reid, and Wright
Nay: Burk, Horne, Martinez and Mayor Umstattd
Vote: 3-4
Council Member Reid made a motion to cut wayfinding signs as there
is no mention of them in the Business Development Strategy. He stated the
proposed signs are going to be a maintenance problem and we should be
focusing on something more proactive with the service organizations.
Therefore, he proposed cutting $143,000 out of Capital Projects which was
designated for signs.
Town Council Meetina of April 10. 2007
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Council Member Wright clarified the wayfinding signs are phased and
this motion would strike phases two and three which includes the event signs
and the monument sign.
There was no second to the motion.
Council Member Reid made a motion to amend the Ft. Evans Road
Pedestrian Bridge study funding by adding $50,000 for a contingency.
The motion was seconded by Council Member Martinez.
Vice Mayor Horne stated she still supports the $30,000.
Council Member Hammier stated she concurs and supports a
comprehensive approach for a safe crossing over the by-pass.
Mr. Wells stated more money won't change the scope of the project.
Mayor Umstattd stated she cannot support additional funding. She
added we have the free safety ride and fencing, however, we cannot protect
the pedestrians from themselves.
The vote to amend failed by the following vote:
Aye: Reid, Martinez and Wright
Nay: Burk, Hammier, Horne, and Mayor Umstattd
Vote: 3-4
Council Member Reid proposed a motion to move forward the CIP
project in the amount of $248,000 for Brandon Park by removing the funding
for the barn renovation at Ida Lee.
There was no second to the motion.
The original motion was approved by the following roll call vote:
Aye: Burk, Horne, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
Vice Mayor Horne, seconded by Council Member Burk, made a motion
to direct the Town Manager to work within the Contingency Fund to allocate
an additional $4,460 ($3,000 to Loudoun Museum and $1,460 to the Border
Guards).
The motion was voted on as two separate motions.
The motion to allocate $3,000 to Loudoun Museum was approved by
the following vote:
Aye: Burk, Horne, Hammier and Mayor Umstattd
Nay: Martinez, Reid and Wright
Vote: 4-3
Town Council Meeting of April 10. 2007
Page 12
The motion to allocate $1,460 to the Border Guards for uniforms was
approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid and Mayor Umstattd
Nay: Wright
Vote: 6-1
The Mayor opened the public hearing on the following budget
ordinance at 10:07 p.m.:
2007-0-11
ORDINANCE
Making appropriations for the fiscal year ending June 30, 2008 to the General
Fund in the amount of $45,724,291; the Utilities Fund in the amount of
$32,283,417; the Airport Fund in the amount of $3,127,179; and Capital
Projects Fund in the amount of $28,330,883; except the Property of Public
Service Corporations); and Sub-Section 2 (taxes of all Real Estate and
Tangible Personal Property of all public service corporations, both of Sub-
Section 17.1(Annual Levy and Rate of Taxes) of Article 1 (In General): as
amended to set the real and personal property tax rates for the tax year
2007; amending Section 2-86.1 (Bad Check Fee) of the Code of the Town of
Leesburg, Virginia, 1976 to increase the bad check fee from $25 to $35; and
reenacting; reordaining all ordinances of the Town of Leesburg, Virginia
related to taxes, licenses, fees, service charges, cost and other charges and
to the time of payment and collection thereof, except as herein specifically
amended.
There were no petitioners:
The public hearing closed at 10:08 p.m.
Mayor Umstattd advised Council the sections of this ordinance would
need separate votes.
On a motion Council Member Martinez, seconded by Council Member
Hammier the following was proposed:
Section 1. The appropriations as reflected in the budget for the fiscal
year beginning July 1, 2007 and ending June 30, 2008, are hereby adopted
and appropriations are made to include the adjusted totals in the categories
and accounts to the General Fund in the amount of $45,724,291; Utilities
Fund in the amount of $32,283,417; Airport Fund in the amount of
$3,127,179; and Capital Projects Fund in the amount of $28,330,883.
Council Member Wright stated staff has done an outstanding job on
budget and complimented Mr. Wells for his great vision and a finger on the
pulse. He added the adopted budget meets 98.5% of his ideal budget
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of April 10. 2007
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On a motion by Council Member Martinez, seconded by Council
Member Hammier the following was proposed:
Section II. Subsection (1) (Taxes on all Real Estate and all Tangible
Personal Property, except the property of Public Service Corporations) and
Subsection (2) (Taxes of all Real Estate and all Tangible Personal Property of
Public Service corporations) both of Section 17-1 (Annual Levy and Rate of
Taxes) of Article I (In General); Chapter 17 (Taxation and Licenses) of the
Town Code of Leesburg, Virginia, 1976, are reordained without change to set
the real and personnel property tax rates for tax year 2007.
Mayor Umstattd stated she is proud of the Town Manager and staff for
presenting a budget that maintained the real estate tax rate at 18 cents. She
stated Leesburg has had to pick up more and more transportation projects for
millions of dollars.
Council Member Reid stated he plans to work very hard in the next
year to lighten the burden on our taxpayers for building roads. Council
Member Reid also said that for the record he would like to note that he voted
against the budget, but not the capital projects, such as Battlefield Parkway.
Council Member Martinez echoed the Mayor's comments on the tax
rate. He thanked staff for lowering their budgets to accommodate the tax
rate.
He stated Town staff has worked very hard to make capital projects
reachable. He also thanked Virginia Department of Transportation for their
help with funding on Battlefield Parkway.
Council Member Hammier stated the key point is long-term budget
stability. The average household savings in 2008 will be on average a $79
reduction in real estate taxes. On the positive side she said we will be in a
better position in future years based on the commercial development that is
in the pipeline. She added more office space could further lower the
residential rates.
She stated the cost saving will net a $28 increase because of the
projected water and sewer rates.
She stated her support for specific projects from proffer funds, such as
the Dog Park and SW Trail Connector.
Council Member Hammier stated she looks forward to increased
revenues in coming years and her appreciation to Mr. Wells and staff for their
hard work on the budget.
On a roll call vote the motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of April 10. 2007
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On a motion by Vice Mayor Horne, seconded by Council Member
Martinez, the following was proposed:
Section III. Section 2-86.1. (Bad Check Fee) of Article VI (Department
of Finance); Chapter 2 (Administration of the Code of the Town of Leesburg,
Virginia, 1976, is amended.
On a roll call vote the motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Section IV. On a motion by Council Member Martinez, seconded by
Vice Mayor Horne above was proposed:
Certain Ida Lee Recreation Fees are amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 6-1
Council Member Reid stated these fees should have been noticed with
a separate advertisement.
On a motion by Council Member Martinez, seconded by Council
Member Wright, the following motion was proposed:
Section V. All other existing ordinances relating to taxes, licenses,
fees, service charges, costs and other charges and to the time of payment
and collection thereof are hereby reenacted and reordained.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Martinez, seconded by Vice Mayor Horne, proposed a
motion to approve the remaining sections (Sections 6-8) of the ordinance:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Hammier, seconded by Council
Member Wright, the following motion was proposed:
2007-59
RESOLUTION
Town Council Meeting of Aoril 10. 2007
Page 15
Increasing the revenue stabilization reserve to $1,400,000 and directing the
Town Fiscal Policy be amended to include a section on the Revenue
Stabilization Reserve.
The Town Manager stated this is the first step to start the next budget
and will be a safety net to maintain a fund balance.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
U mstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council
Member Reid, the following motion was proposed:
2007-60
RESOLUTION
Adopting the Fiscal Year 2008-2012 Capital Improvement Program in the
amount of $145,175,742
Council Member Wright stated banner signs are expensive and we will
regret using them.
He stated he is glad to see the SW Trail Connector and the Wage Drive
Drainage Project move forward.
Vice Mayor Horne stated the budget and CIP have 85 projects which is
a result of rapid growth. She stated it is good to see the SW Trail Connector
Project move forward.
She stated her regard and respect for the professionalism of Town
staff for their work on the budget.
Mayor Umstattd agreed with Council Member Wright on the banners.
The motion was adopted by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
H.
I
I
LEGISLATION
ORDINANCES
None
CONSENT AGENDA (5 min>
On a motion by Vice Mayor Horne, seconded by Council Member Reid, the
following consent motion was proposed:
2007-61
RESOLUTION
Accepting the public improvements, releasing the performance guarantee,
and approving a maintenance guarantee for Exeter Hills Sections 6A.
Town Council Meeting of Aoril 10. 2007
Page 16
2007-62
RESOLUTION
Authorizing an agreement and approving a performance guarantee and water
and sewer extension permits for the Commerce Bank.
2007-63
RESOLUTION
Authorizing a letter supplement to the Virginia Electric and Power Company
(VEPCO) Agreement dated July 27, 2001 for the provision of electric service
to the Kenneth B. Rollins Water Filtration Plant.
2007-64
RESOLUTION
Authorizing use of the Council Chambers by Acoustics on the Green.
2007-65
RESOLUTION
Support for America's Cup of Polo Event in Leesburg, in Loudoun County,
Virginia.
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 Vice Mayor Horne, seconded by Council Member Burk, the
following motion was proposed:
2007-66
RESOLUTION
Supporting the efforts of Keep Loudoun Beautiful, encouraging community
participation in a Town-wide clean-up and beautification program to keep
Leesburg beautiful throughout the year, and proclaiming April 14, 2007 as
Keep Leesburg Beautiful Day.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
1. BOARDS AND COMMISSIONS
There were no board and commission reports.
a. Airport Commission
b. Thomas Balch Library Commission
c. Board of Architectural Review
d. Cable Television Advisory Commission
e. Commission on Public Art
f. Economic Development Commission
g. Environmental Advisory Commission
Town Council Meeting of April 10. 2007
Page 17
h. Information Technology Commission
i. Parks and Recreation Commission
j. Planning Commission
k. Tree Commission
I. Standing Residential Traffic Committee
J. OLD BUSINESS
K. NEW BUSINESS
On a motion by Vice Mayor Horne, seconded by Council Member Wright the
following motion was proposed:
2007-67
RESOLUTION
Establishing a group of representatives from the Town of Leesburg and the County of
Loudoun to discuss the agreement, which expires in January 2009, regarding use of
the Ida Lee Park and Recreation Center by County residents living outside of the
Town Corporate Limits
Mayor Umstattd stated Council Members Martinez and Wright are the two
Council designees to talk with the County. Council Member Hammier volunteered as
an alternate.
Council Member Martinez withdrew his name.
It was decided that Council Members Hammier and Wright, Parks and
Recreation Chairman Terry Young and Kaj Dentler would be the representatives.
Council Member Reid stated he would recuse from discussion on this topic
since his wife works for the Director of Loudoun County Parks and Recreation.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Council Member Reid, seconded by Vice Mayor Horne, made a motion to table
the following item until the next meeting:
RESOLUTION
Directing staff to develop an ordinance to establish a Utility Rate Advisory
Commission for the Town of Leesburg
The motion to table was approved by the following vote:
Aye: Horne, Martinez, Reid and Mayor Umstattd
Nay: Burk, Hammier and Wright
Vote: 4-3
K. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING
a. Photo Red Enforcement (May meeting)
b. Disclosure procedures for task force members (April meeting)
Town Council Meeting of April 10. 2007
Page 18
L. COUNCIL COMMENTS
Council Member Reid stated his hope that a discussion could take place as to
how we can help the service organizations. He stated we have put too many tax
dollars into LCVA, Small Business Development Center, and Dodona Manor.
However, we should fund public safety and those most in need. He stated he is for
state and federal funding whenever possible.
He added the Economic Development Department should not interpret a vote
of confidence considering the votes on their funding.
Council Member Wright encouraged staff to use outreach tools such an inserts
in personal property tax bills.
He stated we should include the Environmental Advisory Commission on
discussions of impervious pavement.
He added all community organizations are worthy and we should encourage
them to seek grant funding.
Council Member Hammier stated she is glad the budget is over as many
family sacrifices have had to be made.
She added while vacationing she noticed Virginia towns that had no parking
meters. On a visit to Winston Salem, North Carolina she attended a tennis event
which reminded her of the need for a regional anchor in Loudoun. This would be
very helpful in recruiting sporting event, etc. to the area.
She thanked Council for their teamwork on the budget.
Council Member Martinez thanked Council for working together on the budget.
He gave a special thanks to Council Member Wright for his budget questions.
He reported talking with the Mayor of Blacksburg, Virginia regarding their
Cool Cities Initiative.
Vice Mayor Horne reported meeting with Walsh Colucci and Market Square
representatives on March 27. Also on March 31 she met with Mike Banzhaf on the
plans for the Loudoun Times Mirror site.
She asked Mr. Wells to provide an update on the new transportation funding
project at the next Council meeting.
Council Member Burk stated the Aurora School has contracted with Paxton to
run a school for autistic children.
She met with the Waterford Group concerning the land on the Town Branch
where Gallery 222 is.
She stated her excitement about the America's Cup coming to Leesburg and
how it will make Leesburg a destination.
Town Council Meeting of April 10. 2007
Page 19
She reported attending the ribbon cuttings of the Old Country Peddler and the
Bus Shelter. She thanked her colleagues for their dedication and commitment to the
bus shelter project.
She thanked staff for the terrific job they did in the budget process.
M. MAYOR'S COMMENTS
Mayor Umstattd disclosed meeting with Peter Arundel, Mike Banzhaf and
Steven Long regarding the Times Mirror Project. She stated she has not seen the
application, but did relate to Mr. Arundel her concerns about building heights above
45 ft.
She thanked Mr. Wells for coming up with a budget that was suited to Council
Members philosophy. She added Council Member Wright did a wonderful job on the
budget.
She stated she met with Scottish exchange students last week and today.
Also she and Mr. Wells met with a group of delightful Romanian mayors.
The Mayor reported attending the Country Peddler Ribbon cutting.
She reported attending the Valor Awards ceremony along with Vice Mayor
Horne, Council Member Burk and Council Member Martinez. She recognized
Leesburg Police Officers Jennifer Shaw, Dale Depew, Michael Green, and Wesley
Thompson for receiving awards. The highest award given out by the Chamber of
Commerce was the Silver Medal of Valor to Leesburg Police Officer Matthew Hackney.
N. MANAGER'S COMMENTS
Mr. Wells stated the task force on the County move will reconvene to review
the presentations and do follow up to propose some recommendations to the Board
of Supervisors.
The Tree City USA Award will be presented at April 24 at 11:00 a.m. in
Charlottesville.
He reminded Council the AADP meeting will be held on Thursday, April 12 at
5:00 p.m. in the Lower Level of this building.
He stated Council has the latest set of Crosstrail proffers and the Loudoun
County Land Use Committee will meet on April 23 at 1:00 p.m. The Council's position
has not changed and staff will be measuring the proffers according to what we want.
Council Member Reid suggested Council suspend the rules and direct the
Town Manager to send a letter to the Transportation and Land Use Committee
expressing our concerns.
Mayor Umstattd stated Mr. Wells knows what Council wants.
Mr. Wells stated staff should be free to comment within the guidelines already
set. He stated Supervisor Staton and the Transportation Land Use Committee both
have asked the applicant to provide a matrix.
Mayor Umstattd stated the Board will take petitioners on April 17th.
Town Council Meetina of April 10. 2007
Page 20
Mr. Wells added typically the committees do not entertain public comment.
He thanked all who worked on the budget and Council for the excellent job
they did.
O. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting adjourned at 11:22 p.m.
~~Dw
. .. C. U stattd, Mayor ?
Town of Leesburg
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2007 _tcmin0410