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HomeMy Public PortalAbout2009_tcmin0414 COUNCIL MEETING April 14, 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, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Deputy Town Attorney Barbara Notar, Director of Public Works Tom Mason, Director of Finance Norm Butts, Director of Planning and Zoning Susan Berry Hill, Human Resources Director Nancy Fixx, Director of Plan Review Bill Ackman, Director of Parks and Recreation Rich Williams, Airport Director Tim Deike, Director of Utilities Randy Shoemaker, Library Director Alexandra Gressitt, Economic Development Manager Marantha Edwards, Chief of Police Joe Price, Director of Information Technology Wendy Wickens, Assistant Director of Capital Projects Tom Brandon, Assistant Director of Capital Projects Renee Lafollette, Management Specialist Debi Parry and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag Mayor Umstattd 3. Invocation was lead by Council Member Wright 4. Roll Call showing Council Member Martinez arriving at 7: 37 p.m. s. Minutes a. Work Session Minutes of March 23, 2009 On a motion by Council Member Butler, seconded by Council Member Dunn, the minutes were passed 6-0-1 (Martinez absent). b. Regular Session Minutes of March 24, 2009 On a motion by Council Member Wright, seconded by Council Member Butler, the minutes were passed 6-0-1 (Martinez absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the meeting agenda was adopted as presented. The motion was passed by the following vote: Aye: Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) Town Council Meeting of April 14. 2009 Page 2 7. Presentations a. Resolution of Respect - Frank Raflo On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, the following Resolution of Respect was passed by a vote of 6-0-1 (Martinez absent) RESOLUTION OF RESPECT Frank Raflo WHEREAS, long time Leesburg resident, businessman, and statesman, Frank Raflo, died March 15, 2009; and WHEREAS, Frank Raflo tirelessly served his community as first a council member for two terms, 1949 to 1951 and 1953 to 1955, then mayor from 1961 to 1963 before going on to serve for 14 years as a member of the Loudoun County Board of Supervisors from 1972 to 1986; and WHEREAS, Frank Raflo was a dedicated member of the Kiwanis Club and helped found the annual Halloween Parade; and WHEREAS, his vision for the future of Leesburg and Loudoun County citizens can be found in the construction of Leesburg Executive Airport at Godfrey Field, the original expansion of Loudoun Memorial Hospital on Cornwall Street, the W&OD Trail, and Algonkian Park; and WHEREAS, he served as president of the Loudoun County Chamber of Commerce, a member of the Board of Directors of the Virginia Retail Merchant Association, Keep Loudoun Beautiful, Virginia Outdoors Foundation, Loudoun Citizens Advocacy Committee, Northern Virginia Parks and Recreation Authority, the Council on Local Government and hosted his own TV and radio talk shows, was a long time columnist for Leesburg Today, and a prolific author of books on Loudoun County; and WHEREAS, he was a loving father to his children and a devoted husband to his wife, Frances. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to Mr. Raflo's family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to his family. PASSED this 14th day of April. 2009. b. Certificate of Appreciation - Ted Kalriess On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, a Certificate of Appreciation was presented to Ted Kalriess for his service on the Planning Commission by a vote of 6-0-1 (Martinez absent). Town Council Meeting of April 14. 2009 Page 3 c. Certificates of Recognition - Loudoun County Girls Basketball Team On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, a Certificates of Recognition were presented to the players, managers, and coaches of the Virginia AA Division 4 State Championship team by a vote of 6-0-1 (Martinez absent) d. Proclamation - Arbor Day On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, the following proclamation was approved by a vote of 6-0-1 (Martinez absent) PROCLAMA TION ARBOR DAY April 18. 2009 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 provide many benefits to our community, such as reducing the erosion of topsoil, moderating temperatures, reducing heating and cooling costs, cleaning the air and water, they also produce oxygen and provide a habitat for wildlife; and WHEREAS, planting trees and maintaining mature trees in our town increases property values, enhances the economic vitality of local businesses, and beautifies our community; and WHEREAS, the Town of Leesburg has been recognized as a Tree City USA community by the National Arbor Day Foundation for twenty consecutive years and desires to continue its tree planting ways. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim April 18th as the official Arbor Day of the Town of Leesburg for 2009. PASSED this 14th day of April 2009. e. Proclamation - National Library Week On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, the following proclamation was approved by a vote of 6-0-1 (Martinez absent): Town Council Meeting of April 14. 2009 Page 4 PROCLAMA TION National Library Week 2009 WHEREAS, our nation's school, academic, public and special libraries make a difference in the lives of millions of Americans, today, more than ever; WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find and interpret information they need to live, learn and work in a challenging economy; WHEREAS, libraries are part of the American Dream - places for opportunity, education, self-help and lifelong learning; WHEREAS, library use is up nationwide among all types of library users, continuing a decade-long trend; WHEREAS, libraries playa vital role in supporting the quality of life in their communities; WHEREAS, libraries can help you discover a world of knowledge, both in person and online, as well as personal service and assistance in finding what you need, when you need it; WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide;" WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week with The Campaign for America's Libraries. NOW, THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim National Library Week, April 12-18, 2009: Worlds Connect @ Your Library and encourage all residents of Leesburg, Virginia to visit Thomas Balch Library this week to take advantage of the unique historical and genealogical resources available, and to thank their librarians and library workers for making information accessible to all who walk through the library's doors. PASSED this 14th day of Wi1...-2009. f. Standino Residential Traffic Committee (SRTC) Recommendations - Liz Whiting, Chairman of the SRTC, presented the Committee's recommendations on several items that had been referred by Council to the SRTC. 1. Plaza Street Sidewalk between the Leesburg Public Safety Center and Edwards Ferry Road: Ms. Whiting stated the SRTC recommends decreasing the pavement width of Plaza Street in this Town Council Meeting of April 14. 2009 Paoe 5 area and installing sidewalks in the reclaimed area. She stated this would increase the likelihood of survival for the mature street trees. 2. Battlefield Parkway Crosswalk at Plaza Street: Ms. Whiting stated the SRTC recommendation is to complete the crosswalk. She stated it appears the Homeowner's Association will be amenable to easements to connect their trail system to the crossing. 3. Lighted Crosswalk at North King and Oakcrest Manor Drive: Ms. Whiting stated the SRTC recommends installation of a lighted crosswalk at this location as a pilot project. She stated the growing popularity of Ida Lee Park indicates the need for a safe crossing point for users of the park. She stated the usage of the park is estimated to increase, not decrease, in the future. She stated this pilot project for lighted crosswalks could be implemented in other areas of the Town if successful in this location. Ms. Whiting noted there will be no decrease in demand for traffic calming in the next fiscal year. Council Member Reid stated he might be offering an amendment to restore some of the funds to the SRTC. He requested the SRTC recommendations be put on the agenda for the next meeting. Mayor Umstattd requested cost estimates for the second and third projects listed above. Ms. Whiting stated it had been indicated to her the projects could be funded from this year's budget. She stated the SRTC's recommendation is to use the $60,000 from this FY2009 budget to fund these improvements. 8. PETITIONERS The Petitioners section was opened at 8:00 p.m. Ann Jansen, 105 Balch Springs Circle, stated the neighbors have met with Meadowbrook's owner, Peter Kalaris, and the project managers. She stated they have three underlying concerns regarding this project. She stated the proposed plan would significantly increase the allowable density from 200+ units to over 400+ units. She stated the neighbors feel a cost/benefit analysis should be performed to fully understand the impacts to schools, roads, and long term tax implications. She stated the neighbors do not fully understand the use of a text amendment versus the established rezoning process. She stated they are concerned this may undermine the public process in an area where the community has expressed a desire to be involved in how the area develops. She stated use of the text amendment has issues with regards to enforceability. She stated they would like to explore the issue of precedent for the use of a text amendment with regards to future land development decisions throughout town. She requested the Council proceed with caution. She thanked Council for proposing a tax rate that would cause her taxes to go down while still keeping the Town a great place to live. Su Webb, Rotary Club of Leesburg, stated she is president of the Rotary. She stated the Rotary Club will be 82 years old this May. She stated they will be holding a fundraiser for the Perry Winston Scholarship. She stated every year, they give a Town Council Meeting of April 14. 2009 Page 6 $10,000 scholarship to a graduate of Loudoun County High School and Heritage High School. She stated working with the Parks and Recreation Department, they will be offering a garden tour of the homes on Cornwall Street on the Saturday of Flower and Garden Weekend. Roy Dunseith, Potomac Station, stated he is a volunteer firefighter. He stated Elk River, MN, had the highest teen suicide rate in 1995. He stated the community turned this around and now has a zero suicide rate by ministering to the spiritual needs of the community. He stated he, Pastor Lymon Eddy, and Reverend Jack Stagman have started a prayer group on Wednesday mornings at Thomas Balch Library. He stated there is a Loudoun Awakening Event 2009 planned. He stated there will be a bible reading marathon on May 2-7 at the Courthouse. He stated May 7 is the National Day of Prayer. He stated this will be held at the County government center. Juan Bocher, Fairway Manor HOA, 398 Clagett Street, SW. He stated his neighbors are concerned about a text amendment that would reduce the restrictions on density. He stated in light of the existing economic conditions, consideration of this text amendment is disheartening without any benefit to the S.W. quadrant citizens. Frank Holtz stated he believes the Leesburg Police Department, working with the Loudoun County Sheriff's department is making sure crimes like those that happened in Lansdowne don't happen in our community. He stated we should add four police officers now because it takes at least a year to train an officer. He stated he thinks it is important to do this now. He stated he is working on a community watch program, which allows residents to go out with the officers and man the speed cameras. He stated Leesburg is fortunate to have a low crime rate and Chief Price is doing a great job. He stated he is meeting with 12 HOA presidents to put the Crime Watch together. He stated once this is done, it will help everyone because the police can't be everywhere all the time. Dave Bowers, 108 Church Street, SE stated he is in support of the DIA Improvement plan. He stated he has been located at various spots downtown because he believes in the downtown of Leesburg. He stated he has worked on various projects in downtown Leesburg. He stated the time is now for pedestrian enhancements and they should be a high priority. He stated infrastructure and retrofitting come at a high price. He stated capital investment today will be returned in many tangible and intangible ways. Paul Reimers, 217 Cornwall Street, stated one of his concerns is that the DIA project is funded and continues to be funded. He stated this is a good plan, but the Town has to be committed to sticking with the project. Scott Gustavson 15 North King, stated this has been an interesting process. He stated there is broad support from the business community and the residential community for this plan. He stated he would like to highlight the endorsement of the plan from outside the community. He stated he has joined the Virginia Downtown Development Association (VDDA), whose mission is to bring the importance of historic downtowns to Virginia's economic development. He stated the DIA's strategic plan for 2008 was given the Award of Excellence by this body. Council Member Reid questioned what the DIA is asking the Town to do. Town Council Meeting of April 14. 2009 Page 7 Mr. Gustavson stated phase I is the design and engineering portion of the project. He stated the final project price may be less than $5 million. He stated once the scope is completed, they will know more. He stated the current economic climate might make construction less expensive. Matt Sutermeister, 223 Town Branch Terrace, stated he loves walking around downtown. He stated he is in support of the DIA's plan and asked Council to include it in its entirety in this year's budget. Jennifer Sutermeister, 223 Town Branch Terrace, she stated they do not walk to the downtown due to the lack of quality establishments. She stated the owner of many of the local restaurants and bars has brought down the potential of the downtown. Dieter Meyer, 214 Andover Court, stated the next step in the DIA Improvement Project is the hiring of a world class design firm to perform the design phase. He stated the design deljverables can be immediately used as a marketing tool. He stated this can be done by the end of this year. He stated to have an impact, this project needs to be completed quickly. He stated July 2012 is a readily doable timeframe but there has to be a way to get dollars that are spread out over the five year Capital Improvements Plan into the first three years. Mike Jackson, 201 South Street, stated he lives and works downtown. He stated this is a great opportunity to improve the downtown. Brent Stiner, 3 Royal Street, SE, stated his business is relatively new to Leesburg. He stated he supports the DIA's plan in the CIP because he feels the more civic dollars that flow downtown, the more business will located here. Phil Rusciolelli, 857 Macalister Drive, stated security concerns him greatly. He requested the Town add additional police officers to the budget. Barbara Williams, 101 Loudoun Street, stated she agrees with the need for greater security. She stated the DIA's plan will increase security by increasing the economic viability of the downtown. KD Kidder, 2A Loudoun Street, stated the deterioration of the downtown has saddened her deeply. She stated it is a good time to make an investment in the downtown. She stated the downtown merchants are desperate. Ara Bagdasarian, Economic Development Commission Chair, stated everyone would love to come downtown, but they do not. He stated we need to give them a reason. He stated the DIA's improvements are in line with the Economic Development Commission's development map. He stated downtown Leesburg is a neighborhood. Stanley Caulkins stated when he came to Leesburg, Loudoun Street wasn't paved. He stated he did not know how Williamsburg got Rockafeller, but everyone together could be a Rockafeller. Kobe Ocum, stated he is a new resident to Leesburg and runs the Edward Jones office on King Street. He stated he heard great things about Leesburg and its Town Council Meeting of April 14. 2009 Page 8 history. He stated he went to First Friday and enjoyed himself, but was told in years past, it was much more vibrant. He stated he wants to make sure First Friday is back to what it used to be. Lilly Edens, 25 South King Street, stated she has owned a business downtown for over seven years. She stated she came to Leesburg as a child, but in the past seven years, the downtown has nosedived. She stated the dissolution of the downtown has torn the life out of many people downtown. She stated the whole presentation of the DIA was incredible because for the first time the downtown is becoming a cohesive group again. The Petitioners section was closed at 8:51 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following consent items were proposed: a. Approving a Suoplemental Appropriation of $2.000 to Thomas Balch Librarv FY 2009 Budoet RESOLUTION 2009-040 Approving a $2,000 Supplemental Appropriation to Thomas Balch Library FY 2009 Operating Budget for creation of a DVD on the History of Leesburg b. Authorizing the Donation of Surplus Propertv to the Leesburg Police Citizen's Support Team. Inc. RESOLUTION 2009-041 Authorizing the Donation of Surplus Property to the Leesburg Polic Citizen's Support Team, Inc. 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. Amendino the Town Code Setting a Tax Rate The Public Hearing was opened at 9 p.m. John Wells stated the proposed tax rate is $19.5 cent per $100 of assessed value based on a previous straw vote of Council. He stated this will result in a tax bill that is lower by 8.6% for the average single family home owner, 21.6% for the average townhome owner, and 22.8% for the average condominium owner. There were no citizens wishing to address this subject. The public hearing was closed at 9:05 p.m. Town Council Meeting of April 14. 2009 Page 9 On a motion by Council Member Reid, seconded by Council Member Wright, the following was proposed: ORDINANCE 2009-0-003 Amending the Town Code Setting Tax Rates on Real Estate, Tangible Personal Property, and Bank Capital for Tax Year 2009 Council Member Reid offered a friendly amendment to his motion to propose a tax rate of $18 and have staff return with a budget adjusted to reflect this tax rate at the next meeting. Council Member Wright did not accept this amendment as friendly. Council Member Reid offered this as an amendment. The amendment was seconded by Council Member Dunn. Council Member Reid stated he believes an $0.18 tax rate would be helpful to the citizens. Council Member Dunn pointed out there are a lot of people who came in support of the DIA's proposal. He stated if the public had not come forward, it might not pass. He stated there were over 17 people who have asked for a lower tax rate. He stated no one has asked for a higher tax rate. He stated Council is the ears and voice of the taxpayer. He encouraged the Council to reconsider the tax rate. He stated there are enough funds to do what the DIA wants and even give staff a raise. Vice Mayor Hammier stated the two Council Members who brought this amendment forward are misconstruing the fact that Council has taken the leadership to lower taxes. She stated taxes are going down 9-23% for citizens this year. She stated Council is responsible for sustaining the budget for the long term. She stated she will not be responsible for having to increase the taxes on citizens next year because of shortsightedness. She stated Council has looked at significant ways to increase revenue to reduce the burden on the residents. Council Member Martinez stated the tax rate may go up, but the result is still a lower tax bill. He stated Council is doing their best to make sure the tax bill will go down again next year by trying to get the right kind of development mix in the Town. He stated this will add more revenue to the coffer without burdening the residents. Council Member Butler concurred 100% with the Vice Mayor. He stated Council Member Dunn is correct that the tax rate could be lowered significantly lower than $0.16 this year, but this would be managing for the short term and would put the Town in a position of having to cut services in the long term. Council Member Wright stated he supports a tax rate of $19.5. He stated the equalized rate is $20.6. He stated more important to the citizen is the tax bill. He stated this rate will reduce the bill to the homeowners. He stated in the past, they focused on the rate and the tax bill has increased. He pledged to focus on the bill in the future. Town Council Meeting of April 14. 2009 Page 10 Mayor Umstattd stated she agrees with the Vice Mayor. She stated this tax rate will significantly reduce the tax bill to the homeowners. She stated this is one of the largest decreases in tax bills since she has been on Council. She stated she would be more sympathetic to calls to lower the tax rate further if those calling for that were not adding on millions of dollars of additional expenditures to the budget. She stated the Council needs to be very prudent in its spending. She stated she is not in favor of a lot of new expenditures. The proposed amendment to reduce the tax rate to $0.18 failed by the following vote: Aye: Dunn and Reid Nay: Butler, Hammier, Martinez, Wright and Mayor Umstattd Vote: 2-5 The original motion including a tax rate of $0.195 was approved by the following roll call vote: Aye: Butler, Hammier, Martinez, Wright and Mayor Umstattd Nay: Dunn and Reid Vote: 5-2 b. Adopting the FY 2010 Budget The public hearing was opened at 9: 19 p.m. John Wells stated the recommended adjustments from the worksession have been included. He stated the proposed ordinance identifies the General Fund expenditures at $45,133,609 and revenues of $44,428,990. He stated the Capital Fund was amended slightly with the total expenditures being $19,116,239 offset by revenues of $19,171,157. He stated adjustment were made to the Utilities Fund and Airport Fund based on Council direction. Mayor Umstattd stated with respect to the concerns over public safety, the amendments made to the budget last night include the addition of two new police officer positions including gear and one automobile. Council Member Wright clarified the Town is funding two additional police officers and the Police Department is pursuing grant funding for four additional police officers, which would bring the total of new officers to six. Mr. Wells stated the proposed ordinance does provide for inflationary adjustments for hangar costs and outdoor aircraft storage fees as per Council direction. Council Member Reid asked whether the addition of two officers in the budget will preclude the COPS program from considering the Town for the additional officer funding. Chief Price stated the COPS recovery grant requires that any positions awarded to local jurisdictions be used to supplement local funding, not supplant local funding. He stated as long as the Town funds the positions and carries through with the funding, there will be no issue. Town Council Meetino of April 14. 2009 Page 11 Doug Foard. Lovettsville, stated he is a retired history professor. He stated the Thomas Balch Library is a unique institution, which is very unusual in the United States. He stated normally counties or states support a history and/or genealogy library. He stated this a cultural jewel that is supported by the citizens of the Town. He stated the Town has created a meeting center for cultural institutions in the County. Don Cooper, Ph.D, McLean, Virginia stated he will be moving to 106 Meherrin Terrace. He stated Thomas Balch Library is a jewel. He stated he has been to libraries in many other states and this is one of the best. He stated this library serves not just genealogists. He stated this library serves people in many ways. He stated tourists from other states come to do research. They spend their money here in the community. He stated this library serves our students and local residents. He stated many people come to this library to use the computers. He stated a model where the users support the library does not work. The public hearing was closed at 9:34 p.m. On the motion of Council Member Dunn, seconded by Council Member Reid, the following was proposed: ORDINANCE 2009-0-004 Adopting the Budget for Fiscal Year 2010; Making Appropriations for the General Fund, Utilities Fund, and Capital Projects Fund; Amending the Town Code Setting Airport User Fees; Setting FBO License Fees; and Setting Fees for Airport Hangars and Tie-Downs Council Member Dunn questioned whether the $1.4 million rainy day fund, the $6.4 million reserve, and the $425,000 economic development fund were earmarked or reserved for George Mason University. Mr. Wells stated there has been no designation of these funds. Vice Mayor Hammier stated there was a recommendation of adding at least $1.2 million to the expenditures of the budget by Council Member Dunn. She stated she did not see this addition on the list. Council Member Reid made a friendly amendment to add the Plaza Street and Edwards Ferry Road Sidewalk Projects to the CIP. Mayor Umstattd stated the CIP is not included in the current item, but will be voted on later in the meeting. Mr. Wells stated the current year of the CIP is included in the FY2010 budget, so it could be an appropriate place for this amendment. Mr. Wells clarified staff can provide analysis of this project in two weeks. He stated the current year budget can be amended or the future budget can be amended to reflect Council's decision on this project. Town Council Meeting of April 14. 2009 Page 12 Mayor Umstattd stated the straw vote changes to the budget, which will be part of what is voted on tonight include $150,000 for Morven Park Road sidewalk project in CIP Year Five. She stated the following changes would be included: a reduction in the advertising budget of $6,000, moving the economic development reserve into the undesignated fund balance, $50,000 for design of the Tavistock Traffic Light in the first year, the addition of a scoping meeting for Lawson Road and the pedestrian bridge over Tuscarora Creek and the addition of two police officers. She requested adding $16,000 for Dodona Manor. This addition was seconded by Council Member Martinez. The amendment to add $16,000 for Dodona Manor was approved by the following vote: Aye: Hammier, Martinez, Butler, and Mayor Umstattd Nay: Dunn, Reid, and Wright Vote: 4-3 Vice Mayor Hammier stated the moving of the economic development fund balance to the undesignated fund does not signify that economic development is not a priority. She stated they are simply trying to consolidate the fund balances. She stated she had a number of phone calls and emails about the Tavistock traffic light issue. She questioned what Mr. Wells would recommend. Council Member Wright stated he has seen the warrants for the intersection. He stated the warrants have been met and this simply accelerates the traffic light sooner rather than later. Council Member Dunn stated the requests he recommended be added to the budget were to impress upon Council that there may be some other areas where spending could be more adequately done. He stated his cuts equal about $2.4 million. He stated his addition of nine police officers and raises for staff were his biggest additions. He stated he does not agree with the majority of Council that there should be no RIFs. He stated this policy does not reward the best employees. He stated he has 22 additional cuts to propose all from the General Fund. Council Member Dunn proposed cutting $42,055 from memberships, he stated only one staff member would be a member eliminating redundancy. He stated he would like to cut the training budget by $47,150. He stated this would limit the amount of training, but not eliminate it. He stated we could then reduce the travel for training by $15,850. He stated subscriptions could be limited by $17,250. He stated he thought merchant fees could be renegotiated at a reduction of $14,000. He thought the Shred-It program could be reduced by $20,000, McNeary Consultants by $15,000, parking ticket system by $16,000. He stated the GASBY study could be reduced by $4,000. He suggested cutting the HR budget by removing $5,000 in consultant fees, flu shots $50,000, cohort program $10,000, new employee training $15,000, new hire advertising $13,000. He stated Town Council Meeting of April 14. 2009 Page 13 he reduced the number of storms anticipated to five for a savings of $37,680. Seeding the Town Green by $19,000, and redundancy in refuse pick up and recycling $300,000, equipment services $14,000. He suggested Planning's budget be reduced by $40,000 for consultant services for the H-2 and the Town Plan consultant by $40,000. Council Member Reid seconded this motion to amend. Vice Mayor Hammier thanked staff for coming forth with the recommendation of no COLAs or merit increases for the upcoming fiscal year. She stated she appreciates the real cuts that are going into this budget. Council Member Wright stated he appreciates what Council Member Dunn is trying to do with these cuts. He stated some of the cuts that have already been identified are on the list Council Member Dunn has proposed. Mayor Umstattd stated she agrees with Council Member Wright. She stated she admires Council Member Dunn's diligence, but cannot support these cuts. Council Member Dunn stated the funds keep accumulating but the tax rate keeps rising. He questioned how to move the entire DIA proposal into the FY2010 budget. Mayor Umstattd stated all phases of the project cannot be moved into the same year's budget because it takes time to plan, design, and engineer a budget. Vice Mayor Hammier assured the DIA that Council is dedicated to the downtown. Council Member Dunn withdrew his motion to amend. Council Member Reid offered an amendment to add two additional police officers at a cost of $160,000 and to take that amount from the Economic Development advertising fund, milling and paving and the Balch Library. The motion was seconded by Council Member Butler. He clarified these two additional officers would be on top of the two officers already approved to be added into the budget. Council Member Reid stated he believes the Balch Library is an important part of the downtown, but it should not be immune to cuts. Council Member Wright stated he shares some of Council Member Reid's concerns about the grant money; however, he is not ready to give up. He stated he agrees with the need to increase security in the Town, but he is hesitant to hire more police officers than can be adequately trained or funded in coming years. Town Council Meeting of April 14. 2009 Page 14 Vice Mayor Hammier stated she is concerned with changes to the budget brought at the last minute. She stated expenditures from the undesignated fund balance should be carefully and methodically thought out. She stated the entire Council is very focused on safety issues, but the method by which to do this needs to be approached methodically. Council Member Dunn stated he does not feel this is arbitrary. He noted any officers funded by stimulus money, would start after the August training class. He offered a friendly amendment to Council Member Reid's amendment. He suggested using the $40,000 he wanted to cut from the H-2 Consultant, the $40,000 he wanted to cut from the Town Plan consultant, and $20,000 from the seeding of the Town Green rather than taking the money from the Balch Library fund. Council Member Wright questioned whether the money for the consultants identified by Council Member Dunn in his friendly amendment have already been cut. Mr. Wells stated he believed they had been. Council Member Reid amended his motion to specify $30,000 from the Balch Library fund, $30,000 from the Economic Development Advertising fund, and $100,000 from milling, paving and diesel fuel. Council Butler stated he does not accept Council Member Dunn's friendly amendment, but he does accept Council Member Reid's clarification of his amendment. Mayor Umstattd expressed concern over cutting the milling and paving budget and taking $30,000 from the Balch Library budget without knowing where it would be applied is unwise. The vote on the amendment was as follows: Aye: Butler, Dunn, and Reid Nay: Hammier, Martinez, Wright and Mayor Umstattd Vote: 3-4 Council Member Butler made a motion to fund Interfaith Relief with $12,000. The motion was seconded by Council Member Reid. Council Member Wright stated he has serious concern over giving money to Dodona Manor and not to Interfaith Relief. He stated it is his strong belief that it is not the job of local government to levy a tax and then to turn around and use those tax dollars to make a charitable contribution. He stated it is the responsibility of individual citizens to be mindful of supporting those in need. He stated when a citizen sees the local government making a contribution, they feel they are off the hook. He stated if each household in Leesburg contributed $100 to a charity, the total giving would be $1.4 million. He encouraged the community to do this. He stated citizens should give of their time or money, based on their resources. Town Council Meeting of April 14. 2009 Council Member Dunn stated he agrees with this. He stated as much as he would love to see support for charitable organizations, he does not feel it is government's job to make charitable donations. Mayor Umstattd stated she agrees with Council Members Wright and Dunn, but when the economy is in the condition that it is, recognizing that a $12,000 contribution from the Town of Leesburg is not going to solve the difficulty in meeting the growing need in the community for food, she is willing to support this one donation this year. Council Member Butler stated he respects Council Member Wright and his comments; however, this is a special case this year. He stated personal giving is down, primarily because there are so many people out of work and the County allocations are down. He stated he is trying to provide relief for local charities. He stated he is not focusing on travel or education and is focusing on relief agencies that work primarily in Leesburg. He stated this is a one year donation and he would hope in coming years there will be a normal level of giving by both private citizens and the county. Council Member Reid suggested using Uran funds for this because Mr. Uran would have wanted his gift to be used in this manner. He stated it would not impact the tax rate. Mayor Umstattd questioned whether there is any money left in the Uran fund for this purpose. Mr. Wells stated there are sufficient funds in the Uran funds to cover this. Council Member Butler accepted Council Member Reid's friendly amendment. Vice Mayor Hammier stated there are creative things the Town can do in addition to money. She suggested Dodona Manor put boxes out to collect food for Interfaith Relief. She suggested that users of Balch Library donate food for Interfaith Relief. The amendment to give $12,000 from the Uran fund to Interfaith Relief passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council Member Butler made a motion to amend the budget to give $12,000 from the Uran fund to Loudoun Free Clinic. The motion was seconded by Council Member Dunn. Page 15 Town Council Meetino of April 14. 2009 The amendment to give $12,000 from the Uran fund to Loudoun Free Clinic passed by the following vote: Aye: Butler, Dunn, Martinez, Reid and Mayor Umstattd Nay: Hammier and Wright Vote: 5-2 Council Member Butler made a motion to amend the budget to give $12,000 from the Uran fund to Loudoun Cares. The motion was seconded by Council Member Martinez. Mayor Umstattd stated there is an alternative service that appears to function in the same way that Loudoun Cares does. She stated Crisis Link will direct you to various entities that provides necessary services. She stated Crisis Link also provides a suicide hotline. Council Member Butler stated there is some redundancy, but Loudoun Cares gets them to the point where they are actually receiving care rather than just a referral. He stated they provide significant added benefit. The amendment to give $12,000 from the Uran fund to Loudoun Cares passed by the following vote: Aye: Butler, Dunn, Martinez and Reid Nay: Hammier, Wright and Mayor Umstattd Vote: 4-3 Council Member Butler made a motion to amend the budget to give $12,000 to Loudoun Volunteer Caregivers. The motion was seconded by Council Member Martinez. The amendment to give $12,000 from the Uran fund to Loudoun Caregivers passed by the following vote: Aye: Butler, Dunn, Martinez and Reid Nay: Hammier, Wright and Mayor Umstattd Vote: 4-3 Council Member Butler made a motion to amend the budget to give $12,000 to the Good Shepherd Alliance. The motion was seconded by Council Member Martinez. Council Member Reid questioned whether Good Shepherd Alliance is located in the Town. Council Member Butler stated they are not located in Leesburg, but they do work for Leesburg residents. The amendment to give $12,000 from the Uran fund to the Good Shepherd Alliance failed by the following vote: Aye: Butler, Dunn and Martinez Nay: Hammier, Reid, Wright and Mayor Umstattd Vote: 3-4 Page 16 Town Council Meeting of April 14. 2009 Council Member Dunn made a motion to amend the budget to use $28,000 of the Uran fund to the Loudoun Museum. He stated $16,000 would be similar to that given to Dodona Manor for similar historic work and educational benefits provided. Mayor Umstattd questioned whether Uran funds could be used for this. Mr. Wells stated the museum by name was not, but educational programming is. He stated if the Council targets this towards children's programming, it would be an appropriate use of the funds. Mr. Berkey stated this would leave about $200,000 in the Uran fund. The motion to amend was seconded by Council Member Butler. Council Member Wright stated that Uran funds have been used to further Mr. Uran's objectives like public safety and the R.O.C.K. program. He stated using Uran funds for this will reduce the amount of Uran funds remaining for programs like R.O.C.K. Vice Mayor Hammier noted the Town is responsible for building maintenance of the building where the museum is located, so the Town does support the museum in a significant way. The motion to donate $28,000 in Uran funds to the Loudoun Museum failed by the following vote: Aye: Butler and Dunn Nay: Hammier, Martinez, Reid, Wright and Mayor Umstattd Vote: 2-5 Council Member Reid made a motion to amend the budget by taking $160,000 from the undesignated fund balance to fund two police officers. The motion was seconded by Council Member Dunn. Mayor Umstattd questioned how many officers can be hired and trained at one time. Chief Price stated the Police Department's Strategic Plan shows an ultimate goal of 2.5 officers per thousand residents. He stated Council needs to be aware the funding for the COPS positions is there up to a certain level. He stated there is the likelihood that if the Town does receive COPS positions, there is additional funding the Town will have to put forth. He stated clearly the Town will have to provide equipment. He stated the grant runs for three years with no matching salary/benefit funds. He stated in year four, there will be an immediate $300,000-350,000 impact in the Police Department's operating budget to absorb the four positions. He stated while we may be doing fairly well for the next three years with Federal support if the Town receives the four positions, in year four the Town will have to absorb the impact. Page 17 Town Council Meetino of April 14. 2009 Page 18 Mr. Wells stated from a financial perspective, the regulations for stimulus funding are thin, vague, and evolving. He stated if the Council is interested in putting officers on the street immediately, the undesignated fund balance will not go anywhere. He suggested allowing the regulations to catch up with the interests of Council. He stated waiting for a few months might allow the lack of clarity on how the stimulus funds are working and the long term financial impact of these four positions might be cleared up. Chief Price stated the answer to the initial question is the maximum the department would be comfortable training is 8-10 officers per year. Council Member Wright stated we are approving two additional officers tonight and seeking four additional officers with COPS funding. He stated the Undesignated Fund balance will still be here mid-year if we do not receive Federal funding for the four COPS positions. Council Member Reid stated the Council has not added police to the budget since 2005. He stated the lane mileage for police to patrol in the Town has increased. He stated he would like to take the money out of departmental budgets rather than the Undesignated Fund balance. Chief Price stated new officers were added in 2007 when the special enforcement team was created. Council Member Butler questioned if four officers are funded by Federal funds, could the date of hire be delayed? Chief Price stated if Federal funding is received, they anticipate not being able to add them until the February 2010 class. He stated they do not anticipate announcements as to the grant funding until late July. He stated the estimates for how to get from current staffing levels to "optimum" staffing levels was created before the current economic downturn. Council Member Dunn stated the question is where do we want to set priorities? He stated Council is saying redundant leaf pick up is more important than adding officers to the street. He stated he cannot believe we are debating whether we need more police officers. Mayor Umstattd stated we are not debating whether there is a need, but how to most effectively time it so the recruits can be accommodated. Council Member Dunn stated the two newly added officers and any other officers included in this budget would be hired and trained immediately and the four Federal grant funded officers would be included in the February 2010 class, therefore, the two or four new hires would already be on the street protecting the citizens. He stated if we miss out on the COPS funding, we are going to go with only two police officers for the next year. Town Council Meetino of April 14. 2009 Paoe 19 Mayor Umstattd stated she does not disagree with the need for additional officers, but she wants to make sure we realize what kind of Federal regulations there may be and whether we might get Federal funding for additional officers. She stated she does not want the Town to take action tonight that might hurt the Town's chances to get Federal funds later. Council Member Martinez stated he is very supportive of the Police Department. He stated tonight the Council is arguing over something that cannot be decided tonight. He stated he wants to make sure when the officers are added we can pay them in three to four years and provide them with equipment. He stated we need to come up with a strategy and how to implement it. Council Member Wright stated the one thing that has gotten lost in this discussion is the Chief's recommendation was no new officers. He stated Council took the initiative to add two new officers. He stated Council is moving forward, but cautiously. He stated if Council starts writing checks from surplus, where will the money come from in future years? Council Member Butler moved to table the motion until the first Council meeting after information on the COPS grant awards comes out. The motion was seconded by Council Member Wright. The motion to table the amendment passed by the following vote: Aye: Nay: Vote: Butler, Hammier, Wright, and Mayor Umstattd Dunn, Martinez, and Reid 4-3 Council Member Dunn presented photographs of buildings in the downtown. He stated he would like to encourage Council to consider holding the downtown property owners responsible for maintenance of their properties. He stated Council needs to give the BAR the ability to enforce minimum standards. Council Member Wright this budget does reflect a true reduction in Town costs even after the latest markups. He stated many of the changes in the budget have been programmatic and lasting cuts as opposed to just what it takes to get through the next year. He noted Council has reduced overall spending by 2.4% and spending on a per capita basis by 3.8%. He stated this budget maintains Town services, allows for the opening of a new outdoor pool, and continues the trend of reviewing positions and freezing or eliminating them as needed. He stated this budget also adds two new police officers and seeks four additional officers through grant funding. He stated this budget leaves the Town well positioned and is fiscally responsible and further maintains the reserves through uncertain economic times allowing the Town the ability to use those reserves in the future to reduce the debt burden and planned bond financing of CIP projects. He stated this is a good budget for this year and leaves the Town well positioned for next year. Town Council Meeting of April 14. 2009 Council Member Dunn stated he will be voting against this budget because he feels it excessively taxes the citizens and contains excessive spending. Council Member Martinez clarified this budget includes the addition of funding for the non-profits, $16,000 for Dodona Manor, two additional police officers and nothing else except what was discussed on Monday night. The original motion by Council Member Dunn, seconded by Council Member Reid was passed by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 c. 2009 Recovery Act Byrne/Justice Assistance Grant (JAG) The public hearing was opened at 11:05 p.m. Chief Price stated this is public hearing fills the public notification requirement for the 2009 Byrne/JAG grant. He stated under the 2009 Stimulus package, $4 billion were included for public safety. He stated of that $4 billion, $1 billion was to reinstitute the COPS program as discussed earlier. He stated the other $3 billion was the Byrne/JAG program. He stated a little less than $16 million has been identified through formula based allocations by the Department of Justice to be passed through to local jurisdictions. Leesburg is eligible to apply for a total of $58,345. He stated no matching funds are required. He stated it can be used for equipment or certain types of personnel costs. He stated it runs for three years and will be put into a trust account, interest on which can be used by the department for the JAG program. He stated Leesburg Police would use this grant for the crime analysis program. He stated this is a critical component to bring together the operational philosophies of community policing and intelligence lead policing. He stated we would use this at a $20,000 per year purpose to hire a crime analysis consultant. He stated there are a number of retired military and Federal employees in the area that have the background to take care of this need. He stated there is no action required by Council. There were no members of the public to speak to this item. The public hearing was closed at 11:10 p.m. 11. ORDINANCES a. None Paoe 20 12. RESOLUTIONS a. Continuing the Revenue Stabilization Reserve at $1.400.000 for Fiscal vear 2010 On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: Town Council Meetino of April 14. 2009 Paoe 21 RESOLUTION 2009-042 Continuing the Revenue Stabilization Reserve at $1,400,000 for Fiscal year 2010 Council Member Wright noted this fund was established in good times to help the Town through bad times. He stated it is helping us weather the current storm and helps us avoid swings in the tax bill. He stated we can review this reserve as a way to reduce our bond debt for CIP projects. Council Member Dunn stated he will be voting against this. He stated the fact the Town can maintain this fund is proof it is taking too much from the taxpayers. Vice Mayor Hammier stated Council has to take a long term view of the budget and only time will tell whether they have been prudent in maintaining the reserves. The motion was approved by the following vote: Aye: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Nay: Dunn and Reid Vote: 5-2 b. Adootino the Fiscal Year 2010-2014 Caoital Improvements Program in the Amount of $81.382.019 On a motion by Council Member Butler, seconded by Council Member Wright, the following was proposed: RESOLUTION 2009-043 Adopting the Fiscal Year 2010-2014 Capital Improvements Program in the Amount of $81,382,019 Council Member Dunn requested a work session item to deal with the Southwest Connector trail. Vice Mayor Hammier thanked Mr. Gustavson and Mr. Meyer for staying to hear this part of the meeting. She stated she wanted to inform the public that Council is putting more cash into the CIP. Council Member Wright stated he is pleased Council was able to add in the out years the Morven Park Road sidewalk project and expediting the Tavistock traffic signal. He stated this Council has made the CIP a promise to the community of what will be built. He stated he supports the DIA improvements, but the downtown business community has to have the same passion and interest in the downtown as seen tonight. Council Member Reid offered an amendment to the CIP to add the Plaza Street/Edwards Ferry Road sidewalk to the CIP. The motion as seconded by Council Member Dunn. Council Member Wright stated if it is included in the CIP, it makes it ineligible for CDBG grant funds. Town Council Meeting of April 14. 2009 Paoe 22 This was confirmed by Tom Brandon, Assistant Director of Capital Projects. Council Member Reid withdrew that amendment. He then made an amendment to accelerate the DIA project improvements so they can be completed by 2012. The new amendment was seconded by Council Member Dunn. Vice Mayor Hammier stated she believes the proposed CIP timing is what the DIA is looking for. Council Member Dunn stated he believe this is what the DIA wanted. Council Member Butler stated the CIP is fine as it is. Council Member Wright stated he appreciates the concept on the motion to amend. He stated this CIP meets the objectives of what the DIA req u ested . The motion to accelerate the DIA's improvements failed by the following vote: Aye: Dunn and Reid Nay: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Vote: 2-5 Council Member Dunn made a motion to amend the CIP to remove the right turn lane on Edwards Ferry Road to the Bypass from the proposed CIP. The motion died for lack of a second. The motion to approve the CIP as proposed was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Awarding the Catoctin Circle/Dry Mill Road Traffic Signal Installation Construction Contract Award On a motion by Council Member Reid, seconded by Council Member Butler, the followi ng was proposed: RESOLUTION 2009-044 Awarding the Catoctin Circle/Dry Mill Road Traffic Signal Installation Construction Contract The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of April 14. 2009 Page 23 d. Declarino that a Public Necessity and Use Exist. Authorizing an Offer to Acquire Easements from PIN 147-27-1333-000 for the Battlefield Parkway-Edwards Ferry Road to Fort Evans Road Protect and Authorizing Condemnation if the Offer is not PromptlY Accepted On a motion by Council Member Martinez, seconded by Council Member Reid, the following was proposed: RESOLUTION 2009-045 Declaring that a Public Necessity and Use Exist, Authorizing an Offer to Acquire Easements from PIN 147-27-1333-000 for the Battlefield Parkway-Condemnation if the Offer is not Promptly Accepted The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 e. Endorsement of the Performing Arts Group Work Plan On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed: RESOLUTION 2009-046 Endorsing a Center for the Arts in Leesburg Implementation Plan as Presented to Council on March 23, 2009 Mayor Umstattd questioned what the difference between the two proposed resolutions might be. Council Member Wright noted there are only slight differences between the two resolutions. Mr. Wells stated once the 501c3 is established, there will be no staff support. Council Member Reid stated either Council Member Dunn's or Council Member Wright's_proposed resolution is very good because it starts out with the formation of a 501c3. Council Member Dunn stated he wanted to make it very clear no tax dollars would be used to support this effort. Council Member Wright stated he is fine with either version. Council Member Butler stated a resolution would be needed to commit Town funds. Town Council Meeting of April 14. 2009 Page 24 The resolution as presented Monday night was approved by the following vote: Aye: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Nay: Reid Abstain: Dunn Vote: 5-1-1 13. OLD BUSINESS a. None 14. NEW BUSINESS FOR ACTION a. None 15. COUNCIL COMMENTS Vice Mayor Hammier disclosed her company sponsored her return to Leesburg in time for a PMI task force meeting. She noted this was a $150 value for the airplane ticket. Council Member Reid disclosed a meeting with Bernard Carlton of BMC Realty regarding a site plan for an addition to 208 S. King Street and a telephone call from Drew Hyatt from T-Mobile for putting a cell phone antenna on one of the water tanks. He stated though he did vote for the budget, he is disappointed more cuts were not made. Council Member Wright stated the Form Based Code Steering Committee met with a goal of a joint meeting between the Council and the Planning Commission in May. He stated they will have another meeting at 8 a.m. on April 28 to get ready for the presentation. He stated this joint meeting will be separate from the normal business meeting. He stated Western Loudoun Relay for Life will hold the Pie in the Face event. He stated John Wells, Kaj Dentler, Marty Martinez, and Dave Butler, as well as himself have volunteered to take a pie in the face to raise money for Relay for Life. Council Member Butler stated he attended the LCVA awards and Ida Lee won Tourism Promotion Campaign of the Year. He stated the Wine Kitchen was written up in the Washington Post on Sunday. He congratulated them. He encouraged everyone to visit the new restaurant downtown, the Cajun Experience. Council Member Reid stated he had included some objectives in the packet. He requested these be put on the next worksession agenda. Council Member Martinez stated Keep Leesburg Beautiful campaign has kicked off. He encouraged everyone to participate. He reminded everyone of the Flower and Garden show. He thanked staff for all the work to get the budget prepared. 17. MAYOR'S COMMENTS The Mayor had no comments. 18. MANAGER'S COMMENTS Mr. Wells stated he works as a translator between Staff and the Council. He stated this budget reflects what the Council has identified as interpreted by staff. Town Council Meeting of April 14. 2009 Page 25 19. CLOSED SESSION a. None. 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 11 :41 p.m. ~u'~~p . . U stattd, Mayor Town of Leesburg 2009_ TOlIN0414