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HomeMy Public PortalAbout2009_tcmin0224 COUNCIL MEETING February 24, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Plan Review Bill Ackman, Assistant Director of Capital Projects Tom Brandon, Assistant Director of Capital Projects Renee LaFollette, Director of Finance Norm Butts, Director of Human Resources Nancy Fixx, Director of Parks and Recreation Rich Williams, Chief of Police Joseph Price, Director of Information Technology Wendy Wickens, Director of Planning and Zoning Susan Berry Hill, Thomas Balch Library Director Alexandra Gressitt, Economic Development Manager Marantha Edwards, Director of Utilities Randy Shoemaker, and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Eagle Scout Daniel Torraca 3. Invocation was lead by Council Member Dunn 4. Roll Call showi ng all present. 5. Minutes a. Work Session Minutes of February 23, 2009 On a motion by Vice Mayor Hammier, seconded by Council Member Butler, the minutes were passed 7-0. b. Regular Session Minutes of February 24, 2009 On a motion by Vice Mayor Hammier, seconded by Council Member Butler, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Council Member Martinez, the meeting agenda was adopted after moving item 14a to the Consent Agenda. The motion was passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 7. Presentations Town Council Meeting of February 24. 2009 Page 2 a. Certificate of Recognition - Achievement of Rank of Eagle Scout - Daniel Torraca On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, a Certificate of Recognition for the achievement of the rank of Eagle Scout was presented to Daniel Torraca by a vote of 7-0. b. Proclamation - NAACP 100th Anniversarv - On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, a Proclamation for the 100th Anniversary of the NAACP was presented to Alvin Dodson by a vote of 7-0. c. Northern Virginia Regional Commission - G. Mark Gibb and Martin Nohe Mr. Gibb and Mr. Nohe presented their request to the Council for passage of a resolution supporting the change to the NVRC Bylaws. Mayor Umstattd asked to have the resolution on the agenda for the next meeting. d. Budget Presentation Mr. Wells gave a presentation of the proposed budget. 8. PETITIONERS The Petitioners section was opened at 8:40 p.m. Neely Law - stated the Environmental Advisory Commission and Economic Development Commission will be holding a Green Building Symposium to focus discussion on how Leesburg can build and live green through energy conservation and efficient use of resources. She stated the symposium would be held at Ida Lee Park on Tuesday, March 10 from 9 a.m. to 2:30 p.m. She stated through more efficient use of energy resources there is a direct financial savings for the Town. She stated we need to evaluate different ways to deliver services to residents to reduce costs. The Petitioners section was closed at 8:46 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Reid, the following consent items were proposed: a. Authorizing an Aoreement and Approving Water and Sewer Extension Permits and Waiving a Performance Guarantee for Tuscarora High School RESOLUTION 2009-021 Authorizing and Agreement and Approving Water and Sewer Extension Permits and Waiving a Performance Guarantee for Tuscarora High School b. Makino an Appointment to the Environmental Advisory Commission Town Council Meeting of February 24. 2009 Page 3 RESOLUTION 2009-022 Making an Appointment to the Environmental Advisory Commission c. Makino an Appointment to the Utilitv Rate Advisory Committee RESOLUTION 2009-023 Making an Appointment to the Utility Rate Advisory Committee d. Makino an Appointment to the Plannino Commission RESOLUTION 2009-024 Making an Appointment to the Planning Commission e. Authorizing Amendment #4 to the Employment Contract between the Leesburg Town Council and Town Manager John A. Wells RESOLUTION 2009-025 Authorizing Amendment #4 to the Employment Contract between the Leesburg Town Council and Town Manager John A. Wells The motion was passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Amending Chaoter 11.1 of the Leesburo Town Code Regarding A.V. Symington Outdoor Pool Fees The public hearing was opened at 8:49 p.m. Rich Williams stated the proposed fee structure was developed by staff and endorsed by the Parks and Recreation Commission. He noted the A.V. Symington Aquatics Center is one part of a three part project made possible by the generous donation of Ms. A.V. Symington. He stated the Indoor Tennis facility and the acquisition of land adjacent to the park are the other two parts of the project. He stated the total project development cost was $10.3 million. He stated the donation of Ms. Symington, KSI proffers and a bond sale completed the financing. He stated the Indoor Tennis Center and the Aquatics center will need to provide positive income to assist in paying off the bond issuance. Mr. Williams reviewed the proposed fee structure and explained the comparisons to other water park facilities in the Northern Virginia area. He stated the proposed fee structure meets the identified net revenue goals, is comparable in price to other area facilities and provides benefits to the Leesburg residents in the form Town Council Meeting of February 24. 2009 Paoe 4 of admission pricing and admission options that are available only to Leesburg residents. He stated they are proposing a scholarship program, which would mirror something that is currently in place at the recreation center. He stated those scholarships are only available to Leesburg residents who meet qualifying income levels and receive social services assistance through Loudoun County. Council Member Dunn questioned based on the proposed fees when the bond sale would be paid off. Mr. Williams stated the true bond sale would occur five years from now and it would be paid off 20 years thereafter. Council Member Dunn stated there needs to be a greater benefit to the taxpayers with a lower fee base. Mr. Williams stated assuming 63,000 visitors per year, a dollar drop in the fee schedule would equal $63,000 less in income per year. Council Member Dunn stated he felt it would be better to have a lower fee structure for residents in this economic climate. Vice Mayor Hammier stated the process that occurred to develop this fee structure was the culmination of a lot of work and cooperation. She stated those that were unhappy with the fees as originally proposed, are now quite satisfied with this proposed fee structure. She questioned whether there would be a mechanism for formal review of the fee structure on an annual basis. Mr. Williams stated review of the fees could be undertaken during the budget process. He stated they would consistently evaluate the fee structure and business model to achieve the necessary goals. Vice Mayor Hammier thanked the Parks and Recreation Commission for their hard work in coming up with this proposed fee structu reo Council Member Martinez stated he agreed with the Vice Mayor regarding the amount of work the Parks and Recreation Commission put into coming to a collaborative fee structure. He stated if you look at the price, it is less than a movie ticket for all day entertainment, which is a great value. He questioned whether birthday parties and other group rentals would be done. Mr. Williams stated those would be established through the Parks and Recreation Commission and would mirror those for rentals at Ida Lee. Council Member Martinez stated the courtesy pass is a great idea for instances when the pool must be closed for weather or other emergencies. Town Council Meeting of February 24. 2009 Page 5 Council Member Wright stated the pricing structure is very reasonable for meeting the revenue targets. He noted a lot of the operations of the rec center, tennis center, and this pool come from user fees. He stated the Town taxpayers subsidize a portion of the operation costs, but a large portion come from user fees. He complimented the Parks and Recreation Committee for coming up with a win-win solution. Council Member Butler stated the prices are good. He did note one of the original drivers for having an outdoor pool was for the neighborhoods that do not have pools. He stated these prices will allow them to use this pool and the amenities will draw others to use the pool. Council Member Reid thanked the Parks and Recreation Commission for smoothing things out with those that were outraged by the originally proposed fees. He suggested a multiple use pass for out-of-town users as well. He questioned why there is no way to differentiate between weekdays and weekends with the multiple use passes. He questioned whether providing a multiple use pass for out- of-town users would hurt the revenue projections. Mr. Williams stated the technology for differentiating weekdays and weekends does not exist yet. He stated they felt it was important to offer something special for Town residents, thus they came up with the multiple use passes. Council Member Reid suggested a pass sale prior to the pool opening which would give those purchasing passes a deeper discount. Mr. Williams stated that would affect the net revenue, which would affect the amount the general fund would need to subsidize the loss. He stated limits on how many people can use the pool at one time affect the pro forma. Council Member Reid questioned whether they could increase the nonresident rates to make up the difference. Mr. Williams stated that would drop the number of out of town users, which would cause a drop in revenue. Mayor Umstattd stated she appreciated all the hard work put in by Mr. Williams, the Parks and Recreation Commission, Council Member Martinez and Vice Mayor Hammier. She stated she appreciated Council Member Butler's work on the SOPs. She stated they hit the right spot with these proposed fees. There were no members of the public to speak on this public hearing. Vice Mayor Hammier questioned whether staff would be allowed to use the pool at no cost as a benefit similar to the access employees have to Ida Lee Recreation Center. Town Council Meeting of February 24. 2009 Page 6 Mr. Williams stated staff would pay the same amounts as other users. Council Member Butler verified the age for adult users to be 16 and above. On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, the following was proposed: ORDINANCE 2009-0-002 Amending Chapter 11.1 of the Leesburg Town Code regarding A.V. Symington Outdoor Pool Fees Council Member Reid made a motion to amend the motion to allow staff to come back with an out-of-town discounted fee for 15- day and 25-day passes. The motion to amend died for lack of a second. Council Member Dunn stated he will be voting nay on this, not as a reflection on the work of the Parks and Recreation Commission, but because he feels the water park is excessive and will take too long to payoff. He stated he feels Town residents should get a bigger brea k. The motion passed by the following vote: Aye: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Nay: Dunn and Reid Vote: 5-2 11. ORDINANCES a. None 12. RESOLUTIONS a. Endorsing the Town's List of Potential Proiects for the Loudoun County Consolidated Housing and Community Development Plan On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed: RESOLUTION Endorsing the Town's Project List for the Loudoun County Consolidated Housing and Community Development Plan Council Member Reid questioned whether the Plaza Street sidewalk project should be pushed ahead of the signs for Safe-T-Ride. Mr. Wells stated the CDBG list represents future projects. He stated the Council is not in a position to amend the Council's current list from a timing standpoint. He stated this could be highlighted for next year's list. Town Council Meeting of February 24.2009 Page 7 Council Member Reid questioned why the Council was not given the option of putting this sidewalk in. Kathy Leidich stated staff held several meetings on CDBG grants five years ago. She stated pedestrian safety at the bypass was a priority at that time and has continued to be a Council priority. She stated the real time information will give users incentive to wait for the bus rather than walking across the bypass. Council Member Reid stated he disagreed. He stated people may not want to wait for the bus, so will walk across the bypass. He stated this could actually work to the opposite from the desired effect. He questioned why other options were not given to Cou ncil. He stated residents have come to Council asking for a sidewalk. He stated people have beaten down a path on Plaza Street and Edwards Ferry Road. Ms. Leidich stated the CDBG ranking committee has ranked the applications at this time. Council Member Reid stated he wants money for this sidewalk. He stated this is critical for the residents in that community. He stated Council needs to be given options. Council Member Wright stated he needs to understand why projects cannot be on the CIP and still qualify for CDBG funding. Ms. Leidich stated it is a requirement for CDBG grants. She stated they are intended to fill gaps in government funding. Council Member Wright questioned whether some green initiatives would qualify. Ms. Leidich stated the projects need to be geared to low to moderate income people in ways to enhance their housing and quality of life. Council Member Dunn stated he feels the lack of a sidewalk between the Sheetz and Heritage Way is a more pressing need. He stated Safe-T-Ride is important, but this is more important. Ms. Leidich stated County staff will be presenting the list to the Board of Supervisors on March 18. Vice Mayor Hammier stated it is really important for Council to prioritize the list. Council Member Reid thanked Council Member Dunn for mentioning the Edwards Ferry Road sidewalk and stated he would like to see it in the CIP. Council Member Wright made a motion to table the motion to give the Council time to discuss the options. The motion to table was seconded by Council Member Martinez. Town Council Meeting of February 24. 2009 Page 8 The motion to table passed by the following vote: Aye: Dunn, Hammier, Martinez, Reid, and Wright Nay: Butler and Mayor Umstattd Vote: 5-2 Mayor Umstattd asked Council Members to submit projects to Ms. Leidich for inclusion on the list. 13. OLD BUSINESS a. None 14. NEW BUSINESS FOR ACTION a. None 15. COUNCIL COMMENTS Council Member Reid stated he had a phone call from John Andrews related to the Secure Business Park proposal south of Leesburg and a phone call from Bruce McLeod regarding NOVEC's request for broadband lines. He stated he appreciated the press coverage of the SRTC trip to Arlington. He stated the SRTC will discuss Valley View Avenue and the bar:riers at a community meeting. He stated the Economic Development Commission will be taking a trip to Arena Stage. He stated they will be changing their meetings to 7 a.m. in the morning. He stated he was pleased to discover that VDOT has awarded a contract to pave the unpaved section of Sycolin Road to Ashburn. He stated the Council's pressure on VDOT and the email blitz helped. He stated he was pleased the NAACP was honored on the occasion of their 100th anniversary and noted he is a proud member of the local chapter. He stated he appreciates the work staff has put into the draft budget. He stated this is a good year to evaluate some positions. He stated we have to set some priorities this year. He stated our focus should be on economic development with George Mason University and crime. He stated we need to evaluate whether the Police Department needs more staff. Council Member Butler stated he did not take the Planning Commission appointment off the Consent Agenda, but he stated he has worked with Peg Coleman in the past and thinks she will be a wonderful addition to the Planning Commission. He stated the Tree Commission held a summit at Ida Lee. He stated the one message that came out of that summit was not to create a "mulch volcano" around the base of the tree. He stated the commission's report for January was great, but he would like to see a little more information. He stated this is a tight budget and Council needs to make sure things are fair for Town staff as well. He stated he is all for tax cuts, but not for burning out staff or reducing morale. He stated we need to push for a decreased use of automobiles. He stated he took a tour of the Aquatic Center. He stated this would be a wonderful amenity for the residents. Council Member Wright stated the Planning Commission held a retreat on Thursday night. He stated the Public Art Commission is working on other grant and funding opportunities. He stated most of the grant opportunities will be matching grants. He stated we do not want to file for something and win it and not be able to follow through with a match. He Town Council Meeting of February 24. 2009 Page 9 stated if Council does not support any funding for public art, the Commission needs to know about it. He stated he is looking for an appointee to the Environmental Advisory Commission. He stated the Government Steps Relay For Life Team will have a kick off meeting on Thursday night. Council Member Martinez stated the NAACP has a formal celebration Saturday from 5-7 p.m. He congratulated Betsy Mayr for being named Chairman of the Parks and Recreation Commission. He stated he talked to John Andrews about the Secure Business Park. He thanked the Parks and Recreation Commission and Mr. Williams for their hard work. He stated Relay for Life is a great cause and encouraged everyone to either join the team or donate to the cause. Vice Mayor Hammier welcomed Kara Clark back from her trip to China. She stated she appreciated the Mayor thanking staff for foregoing raises and COLAs. She stated she echoed those thanks. She disclosed a meeting with Jan Zachariasse on the 18th and a follow-up call with one of his staff members and a call with David Goldberg of INOVA. She welcomed the Consignment Boutique and stated this is a wonderful business model. She stated she is distraught about the robbery at Stanley Caulkin's store. She asked for a report about this. She thanked Neely Law and stated this seminar looks wonderful. She stated Peg Coleman will be an awesome addition to the Planning Commission. She stated sadly Ted Kalriess has indicated he will need to step down from the Planning Commission in April. She asked for a report on the cloverleaf versus diamond interchange discussion. She stated she hopes a formal SOP will be added to the Flower and Garden Show that gives Town businesses special consideration for space for the event. Council Member Dunn stated the Council is getting good reports from some of the Boards and Commissions and would like more indepth reports from all the Commissions on a regular basis. He stated it is encouraging to see Eagle Scouts at the Council meetings. He stated these service groups are great organizations and encouraged more people to get involved in them. He stated he would like to see meter enforcement by a uniformed police officer. He stated the presence of a uniformed officer might dissuade someone from doing something wrong. He stated he will be proposing a lower tax rate during the budget process. 17. MAYOR'S COMMENTS Mayor Umstattd stated Council Member Wright's daughter's portrait of Councill Member Wright was very well done. 18. MANAGER'S COMMENTS Mr. Wells clarified that Council Members can ask for items on the agenda at Monday night's meeting and staff will consolidate the items on Tuesday night's agenda. He stated he understands from the County Library Director that Rust Library will be reopening on July 11. He stated there is no real clear process for getting stimulus funds; but staff is trying to cover several bases. He stated Town projects have been added to the state website. He stated staff is looking at everything from every angle possible. Town Council Meeting of February 24. 2009 Page 10 Council Member Wright questioned the date for the Parking Summit. Mr. Wells stated it is tentatively scheduled for the first Saturday in March. Council Member Martinez verified local businesses would be invited. Council Member Butler asked for a Drive Less Summit. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 9:53 p.m. ~~tf~ ~mstattd, Mayor Town of Leesburg A~~l_ (l ~ --------~~-~ Clerk of coun-c\I0------- 2009_ TCMIN0224