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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
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Clerk of coun-c\I0-------
2009_ TCMIN0224