Loading...
HomeMy Public PortalAbout2009_tcmin0811COUNCIL MEETING August 11, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammier, David Butler, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Martinez arrived at 7:38 p.m. Staff Present: Town Manager )ohn Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Utilities Randolph Shoemaker, Director of Finance Norm Butts and Clerk of Council Lee Ann Green 1. Call to Order 2. Salute to the Flag Vice Mayor Hammier 3. Invocation was lead by Council Member Butler 4. Roll Cail showing all present 5. Minutes a. Work Session Minutes of July 27, 2009 On a motion by Council Member Butler, seconded by Council Member Wright, the minutes were passed 7-0. b. Regular Session Minutes of July 28, 2009 On a motion by Council Member Butler, seconded by Vice Mayor Hammier, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) Mayor Umstattd made a motion to adopt the meeting agenda with an amendment to allow for a motion to readvertise the utility rates. The motion was seconded by Council Member Dunn. Council Member Reid questioned adding this to the agenda. Council Member Dunn stated he supports allowing Mayor Umstattd to make a motion to readvertise the utility rates. Vice Mayor Hammier stated she also supports allowing Mayor Umstattd to make her motion so Council can have the opportunity to respond to that motion. The motion to adopt the meeting agenda as amended 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 August 11, 2009 Page 2 7. PRESENTATIONS a. Certificate of Appreciation -Sandy Delhez On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, a Certificate of Appreciation was presented to Ms, Delhez in recognition of her generous contribution to the R.O.C.K. program benefiting the youth of Leesburg. 8. PETITIONERS The Petitioners section was opened at 7:39 p. m, There were no petitioners present. The Petitioners section was closed at 7:40 p. m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Counci) Member Martinez, seconded by Vice Mayor Hammier, the following consent agenda was proposed: a. Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Kincaid Forest -Section 3 RESOLUTION 2009-89 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Kincaid Forest -Section 3 b. License Agreement for AT&T Water Line Connection to the W&OD Trail RESOLUTION 2009-090 Authorizing the Town Manager to Execute a License Agreement Between Northern Virginia Regional Park Authority for Maintenance of a Water Service Line Installed by AT&T for the Proposed Expansion of the AT&T`s POP Facility off Depot Court South of the W&OD Bike Trail Facilities Right of Way Sign Enforcement MOTION Authorizing the Mayor to sign the letter to the Loudoun County Board of Supervisors regarding removal of signs under the VDOT Right of Way Pilot Program The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Enforcement of Animal Code Sections The public hearing was opened at 7;45 p.m. Jeanette Irby discussed the public hearing item. She stated in 1995, the Town signed an agreement with the County for enforcement of the animal Town Council Meetinq of August it 2009 Page 3 control sections of the Code, but the enforcement has never been applied. She stated this ordinance will further define the types of animals. Council Member Wright verified that chickens are allowed in residential areas, but roosters are not. Council Member Reid verified the County is still responsible for enforcement. Ms. Irby stated language has been included that will allow the County to enforce the Leesburg Code. She stated the Animal Control Officer's comments have been included in the ordinance. it was noted that clean up of dead animals on public streets in the Town is the responsibility of Public Works, but this does not include dead animals on private streets. Two petitioners signed up for comment, but both mistakenly belong in the Utility Rate Public Hearing. There were no petitioners to address the animal regulations issue. The public hearing was closed at 7:55 p. m. On the motion of Council Member Reld, seconded by Council Member Butler, the following was proposed: ORDINANCE 2009-0-011 Amending Chapter 4, Articles I and II, Section 4.1 et. Seq. of the Leesburg Town Code, Regulations and Penalties for Animals Kept in Town Council Member Reid stated this is an important amendment. He noted there have been problems with roosters in neighborhoods in Town and he is very glad that the County will now be able to enforce our Code. Vice Mayor Hammier requested that citizens who have petitioned Council regarding these regulations in the past be informed of the passage of this ordinance. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Setting Utility Rates The public hearing was opened at 8:03 p.m. Mr. Wells stated the purpose of this public hearing is the need to update the utility rates for the public utility system and the direction of the court order. He discussed the utility rate service area, which is the responsibility of the Town of Leesburg, the numbers of customers in the service area. He stated 80% of the customers are in town and 20% are out- of-town customers. He stated the Utility Fund operates as an enterprise fund, Town Council Meeting of August 11 2009 Page 4 which is operated like a business. He stated this means it is separate from the Town's General Fund and does not use tax dollars to support its operation or capital improvements. He stated revenue from utility fees, connection fees, and in some occasions, grant funds, are used for this fund. He stated that debt can be issued as a revenue bond by the Utility Fund or it can be backed by the full faith and credit of the Town through what is referred to as double barrel bonds, which are a form of General Obligation Debt. He stated the utility rates need to change because the Circuit Court deemed the current rates to be unlawful or unreasonable. He stated the Circuit Court has given the Town until September 1, 2009 to change the rates. He noted a study is normally done every five years and the next study was due within nine months. He stated doing the rate study now was the responsible thing to do given the court order. He stated the Town engaged consultants who could address the court ordered utility rate method and the cash needs method in order to meet the Town's bond requirements. He stated at the present time the Town's utility system is operating at a deficit and will continue to do so if nothing is done. He stated if the Town elects to do nothing, the court may find the Town in contempt and institute the rate which the court finds to be fair which would increase the deficit. He discussed possible actions which the court could take if the Town does not address the utility rates. Mr. Wells highlighted the rate study that has been performed. He described the proposed water and sewer rates including the proposed differentials. He noted the Town would be able to meet the 125% revenue above debt requirement. He described the other changes including an increase in fixed fees for water and sewer. He added changes in billing sewer charges on water usage will not begin until January 1, 2010. He showed examples of the impact on actual utility bills for a variety of both residential and commercial customers. He noted this proposal, along with the proposed cost reductions, allow for compliance with current permits, address immediate system needs, ensure the quality of drinking water, and not push off immediately needed rate increases. He stated this proposal shows a positive cumulative balance at the end of the six year model. He reviewed cost saving measures that have or will be implemented. Council Member Dunn questioned whether the in-town rates need to be adjusted now since a new rate study had been scheduled within nine months prior to the court order. He questioned why the Town of Leesburg is responsible for areas outside the Town limits. Mr. Wells stated based on the performance of the Utility Fund over the past several years, the concern was that action needed to be taken prior to the next scheduled rate study. Mr. Shoemaker noted the out-of-town service area was included in a study performed in the late 1970s and the area was adopted as a service area in a Utilities Master Plan in 1986. He stated the majority of the area that is not within the Town limits was within the Urban Growth Area and utilities service to that area was agreed to by the County and the Town. Town Council Meeting of August it 2009 Page 5 Council Member Dunn discussed the need for cutting costs. He stated Council can only raise rates because that has been the only option presented to Council. He suggested holding off on changing in-town rates and only change out-of-town rates per the court order. He stated the Council needs to look at a long-term solution that will meet the needs of the Town. He stated he will vote against the utility rate proposal that has been put before Council because he feels this is not being done in the correct order. Vice Mayor Hammier asked for clarification for the public's benefit of the change in sewer rate calculation that will take place on January 1, 2010, if the proposed utility rate ordinance is passed this evening. Mr. Wells stated that change in methodology would have sewer rates calculated on water usage. He stated this component will be implemented in January to give the Council time to investigate some sort of method, such as deduct meters, that will allow customers not to be unfairly impacted by this change. Vice Mayor Hammler discussed misinformation that had been given to the public. She asked Mr. Wells to reaffirm why staff is recommending the most current proposal which would effectively lower out-of-town rates and raise in-town rates. Mr. Wells stated the initial July presentation by the consultants identified different rate methods and variables that are in place around the country. He stated the Utility Rate Method has a variety of components to it and is implemented in a number of different ways. He stated these methods were identified to Council as background information on how each model works and what they do and do not allow to be included as part of the differential. He stated these were not intended to be recommendations of the consultants in terms of addressing the court order. He stated the specific set of rates presented to Council at the second meeting in July which Identified a modified court ordered method that applied both cash needs and a utility rate method with the utility rate method identifying the amount of differential and applying that to the cash needs method. He stated this represents the consultant's and staff's recommendation that this best meets the needs of the court order. He stated the court order was not a black and white order and in interpreting the judge`s decision, the best legal and professional advice is the proposal before Council tonight provides the least risk to the Town and the Council in terms of a rate setting approach. Vice Mayor Hammler stated if you go the extra step to do the research, you can see why you can't take a theoretical set of parameters to come up with an arbitrary differential. She questioned what will happen if the Council does not act on this proposal since the Council was not a party to the lawsuit. Mr. Wells stated if the Council does not act on rates, the Town may be held in contempt, He stated this may have an effect on the Town's ability to qualify for appropriate bond financing. He stated the Town Council is the appropriate body to set the rates for Utilities. He stated when setting a bond rating, the ability to pay and the willingness to pay is what the rating agencies are looking at. He stated a negative rating can cost the Town significant money in the long term. Town Council Meeting of August 11 2009 Page 6 Ms. Irby stated if the Council does nothing with respect to the out-of- town rates, the complainants will most likely not hesitate to take the next step with the court and seek to find the Town in contempt. She stated another party could enjoin the Town from setting any rate other than what the court found fair and reasonable. Vice Mayor Hammier discussed the legal costs of defending the Town against further suits. She stated there is no 97-227% option that conforms to the court order. She stated this presents unacceptable legal risks with real costs to in-town taxpayers and incalculable costs in terms of the tone the Town is setting with out-of-town customers. She stated the Council unanimously sent this to the State Supreme Court because it is unconstitutional for a court to legislate utility rates. She stated In her estimation, municipalities must retain certain rights as municipalities, including setting utility rates. Council Member Martinez stated the cost cutting measures are very small in comparison with the rest of the rate study and the fact is the Town has a great utilities department. He stated the Town utilities department has been proactive in cost cutting measures including cutting staff. He noted under )ohn Wells, the Town has become a very effective and efficient government. He stated it is unfair to castigate one department when decisions are made by Council. He stated Council will not base their decision tonight on whether they want to °stick it to someone", but rather because they have looked at all the information and are trying to minimize liability, litigation and cost to the citizens. He stated the Town has already had to spend too much money trying to resolve this issue. He stated ignoring Judge Horne's decision will put the Town at risk and spend more General Fund/taxpayer money. He stated staff has worked hard to find a proposal that is as fair to everyone as possible. He stated there is no way to make everyone happy and if he based his decisions as a Council Member on whether he was going to get votes, he has no right to sit on the dais. He asked the public to understand that the Council cares about the Town and whether or not they disagree, it won't stop them from trying to make Leesburg the best town in the state of Virginia. Council Member Dunn stated he did not say there is anything wrong or right with the Utilities Department because he has not had a chance to analyze it. Council Member Wright pointed out the timing of this is driven by the court order and the reason for doing more than what the court order directed is to address revenue shortfalls and minimize the impact on the in-town customers. He noted just reducing the out-of-town rates to a 9% differential for water and 43% for sewer would significantly increase the deficit to about $3.2 million and thus would significantly impact the bond rating. He stated he investigated Certified Annual Financial Reports (CAFR) from as far back as 1970 and found the Utilities Fund has operated as an enterprise fund for that period of time. He stated this fund has built the water plant and the expansions to the sewer plant. He asked Mr. Wells to discuss expenses as per the budget process. Town Council Meeting of August 11 2009 Page 7 Mr. Wells stated initially staff looked at the recommendations that came in from the outside consultant for energy costs to determine if there were any opportunities for savings in chemical or energy costs, which were the two largest line items with the addition of staffing. He stated some low cost measures have been implemented by staff over the past few years. He stated after looking at staffing, it was determined based on the permits and state requirements, the department was operating at the minimum staffing levels for both the water and wastewater treatment plant. He stated they then looked at administrative and maintenance functions and were able to identify one position that will become vacant and will not be filled for the next two years. He stated they will ascertain in two years whether workload will allow this position to remain vacant. He stated some near-term maintenance costs in the operational budget were most likely become capital expenditures and were thus moved. He stated in the operating budget, $530,000 in cuts were identified and in the capital budget, approximately $SO million in savings were identified by reanalyzing the needs for the Lower Sycolin Sewer Conveyance System, deferral of recoating of one of the water tanks, changes in how some of the maintenance services will be performed, and Identification of a redundant system along Edwards Ferry Road. Council Member Wright stated during the budget review in April, Council performed a similar exercise identifying further savings opportunities of about $250,000-300,000 in addition to what had already been identified. He noted a portion of the revenue needed is a portion of what will be lost complying with the court order. He stated doing the rate study allows the Town to adopt a rate differential that is higher than what was directed by the court. He stated there would be about a negative $280,000 impact in revenue due to the implementation of the lower rates for the out-of-town customers, but the revenue shortfall that exists in the Utility Fund is approximately $1.7 million. Further, he stated the only way the Utility Fund can hurt the General Fund is by failing to be self-sufficient, which will affect bond ratings and the interest rate by which the Town is able to finance debt. Council Member Reid thanked Council Member Martinez for his statesmanship stating that regardless of where individual members of Council stand on this issue, they are all looking out for the taxpayers of the Town of Leesburg. He discussed the methodology used to arrive at the proposed rates and noted the out-of-town users will still be paying more than in-town users for their utilities. He discussed the issue of lawn watering and noted that more irrigation systems are located within the Town limits than in the out-of-town service area. He questioned the issue of annexing the out-of-town service area. Ms. Irby stated the Annexation Area Development Policies have expired. She stated this area could be included in the Town in a Boundary Line Adjustment; however, she felt the residents of the out-of-town service area do not want to be part of the Town. Council Member Wright stated there would be benefits and costs to bringing areas into the Town. He stated if there are no out-of-town customers, the in-town rate would need to be raised. Town Council Meeting of August 11 2009 Page 8 Council Member Reid discussed what would happen if only the out-of- town rate is adjusted tonight. Ms. Irby stated it would be possible to do this, but the system would still be running at a deficit. She noted the further the Council deviates from the consultant's recommendation, the higher the risk of being found in contempt of court. Council Member Reid stated he would like to reduce the rate of increase to under five percent and decrease costs by a quarter of a million dollars. He stated the Town needs to look for new revenue. He stated the idea of supporting growth through plant expansions only works if the Council supports growth through approval of rezoning applications. He noted that the proposed increases will put Leesburg's per gallon price higher than surrounding jurisdictions and possibly deter businesses from locating in Leesburg. Council Member Wright stated the winter quarter will remain the low quarter for billing purposes. He stated the sewer change will cause 100% of water flowing through the meter to be charged as sewer as well. He stated this will be delayed until January 1, 2010 to give the Town time to look into ways to fairly bill for sewer usage and assess the change. He discussed deduct meters, which allow deduction for water used for irrigation, etc., and the possibility those might be of use in capturing true sewer use. Council Member Dunn questioned whether risk is associated with rates or the difference between income and expenses. Mr. Wells stated the risk is associated with the perception of whether the governing body has the willingness to establish a rate structure that makes the enterprise fund self sustaining. Council Member Butler gave a presentation to explain the water rate issues in layman's terms. He stated there are two issues that are separate, but inseparable. One is the out-of-town differential that was declared unconstitutional and has to be addressed by September 1, 2009. The other is the utility fund balance. He stated there is a projected loss of $1.76 million in FY2010 if nothing is done. He discussed what was driving the need for rate increases for both the in-town and out-of-town customers. Mayor Umstattd thanked the residents for their emails. She stated because of the unprecedented number of emails, staff was instructed to lower the in-town increases. She stated some of the anger expressed helped to get Council to direct staff to look more at cost savings. She quoted the April 17`h court ruling: "this ruling applies to the out-of- town water and sewer rates which were litigated in this case", which she added does not address the rates being discussed at this meeting. Further, she quoted from the court ruling, "this ruling does not preclude the Town from establishing differing rates that are objectively reasonable, lawful and consistent with the findings of the court in this case". She noted that in Judge Horne's opinion letter dated March 6 (page 5), which was attached to the final order, Judge Horne stated, "Rates charged by a municipality are not rendered unreasonable merely by reason of the amount of the rate being twice for out- Town Council Meeting of August 11, 2009 Page 9 of-town customers as those being charged in-town customers". She stated to her mind, Judge Horne is saying the 100% surcharge is not necessarily unreasonably, he just could not find the evidence during the debate in 2005 to justify it. She stated Judge Horne quoted the out-of-town water rate expert in his ruling, °Mr. Watkins identified the methodology using and making his opinions, the Utility Rate method. The Utility Rate method is the most accurate indicator of what are the limits of fairness and reasonableness. The issue of in-town rates is not an issue before the court." She stated the Utility Rate method was presented to the Town Council on July 13 and the consultants were fully aware of the court ruling and developed their briefing based on their knowledge of the Judge's ruling. She stated one of their presentation slides talks about compensating the owners of the system using the Utility Rate method by saying, 'the residents of Leesburg are the owners of this system. The method to recover owner's risk from out of town customers suggested by both the American Waterworks Association Water Rate Manual and the Water Environment Federation's Rate Manual of Practice involves the Utility Rate method. Under the Utility Method, out-of-town rates are established to also recover interest costs, depreciation costs, and return on rate base. The resulting out-of-town rates would be the following differential above in-town rates." She noted the averages are anywhere from a low of 96.8% as an out-of-town surcharge to a high of 228%. She stated the Judge has endorsed this method and if the Council adopts an out-of-town differential in this range, the Town would meet its bond covenants and the financial needs of the town's utility system. She stated she hopes that if and when the Town wins the appeal to the Virginia State Supreme Court, the Council will go back and adjust the out-of- town differential higher. She stated she would be bringing forward a proposal to re-advertise rates and return later in the month with a rate structure that keeps the in-town rates at a rate increase of no more than 2% this year. She stated this scenario was produced by one type of utility rate method and would be sufficient to meet the bond coverage requirements. Vice Mayor Hammier stated the Council has done a lot of research and sought advice from utility rate and legal experts. She questioned why Mayor Umstattd did not bring this proposal forward earlier. Mayor Umstattd stated it was clear that there was no support on Council for her position. Council Member Dunn stated he brings forth a lot of proposals that he knows will not have any support on Council, but brings them forth anyway because he stands by his convictions. He stressed that during this process, he still has heard no support for serious spending decreases. Mayor Umstattd pointed out that Council supposed the management study for the Utilities Department, but unfortunately it will not be completed until after the court ordered deadline has passed. Council Member Wright stated it is important for the public to understand the numbers proposed by Mayor Umstattd were calculated before systems savings had been identified. Town Council Meeting of August it 2009 Page 10 Rodolfo LeMaestra, 43242 Parker's Ridge Drive, stated he has lived here for three years. He stated it is the same size as his house in Fairfax, same size family, same irrigation system and he used to pay $1,300 for water there. He stated his bill here is almost $4,000. He stated there have been no changes in his family's lifestyle. He stated he is only paying this bill because otherwise his water will be cut off. He stated a combination of the proposed changes will make no difference in his bill next year. He stated the rate will not actually go down for out-of-town customers. He stated his interpretation of the court order is that out-of-town customers will pay less, but by increasing other parts of the bill causes him to have a higher bill. He stated the system is not efficient enough. He stated the out-of-town customers should be offered the choice of another provider. He stated he was not told when he purchased the house that the water would come with a 100% differential. Ken Melchiorre, 316 Daniels Street, N.W., stated he commends Council Member Wright for the information on his website informing him about the rate structure. He stated as an engineer, he does not agree with the way the sewage rates are being calculated. Chuck Shotton, thanked Council Member Butler for his presentation. He stated there have not been sufficient rate increases since 1992. He stated politicians made self-serving decisions to keep the rates artificially low and to discourage growth. He stated there was a surplus in the early 90's, He stated as a member of the Utility Rate Advisory Committee, he had the opportunity to learn about the history of the utility issue, which is actually a ~~Cadillac" of water systems. He noted Leesburg customers actually pay less than most of the towns in Loudoun County. He noted the artificially low rate paid by LCSA customers does not reflect the cost to own and operate a water supply or treatment facility. He stated the Utility Rate Advisory Committee produced a rate recommendation for Council. He stated this was prior to ruling by Judge Horne, but several of the recommendations are relevant now, He stated it would provide a mechanism to incentivize certain sectors of the economy by reducing outrageously high water hook up fees. He stated the report also included reductions in cost and alternative revenue sources. He stated the current 50% excess capacity could be used to sell water to more water constrained communities. He suggested selling the River Creek system to the County and allow them to run it. He stated there are ways to offset the rate increase. He suggested the Town return to the URAC for recommendations on setting a fair and equitable rate. Rod Ellis, Foxridge, stated the information that was sent out early on about the rate increase were incorrect, He stated he has concerns about the consultant. He suggested reactivating and listening to the URAC. He stated in Leesburg and Loudoun County there has been a trending down of rainfall amounts over the past few years, He suggested using the Utility Rate Advisory Committee to cut down on politics. Further, he questioned whether the Town needs the out-of-town customers for economy of scale. David Shearer stated he and his wife have lived on Teabury Drive since 1997. He stated the Town boundary runs through the Potomac Station swimming pool. He gave some figures on the number of homes in the community and the number of townhomes. He stated Potomac Station does Town Council Meeting of Auaust 11, 2009 Page 11 not consist of "McMansions". He stated he and his wife are retired, live on a fixed income and the proposed rate structure does not grant them any relief. He stated the impact of the rate structure has an impact on their limited discretionary impact and quality of life. He pointed out the townhome residents are working families of modest means or retired Individuals just like the in-town residents. He questioned why Virginia Power can provide the same service for the same price to both sides of Market Street, why the Town utilities cannot be provided to the entire service area at the same price? Dottie Shearer stated she leaves the legal aspects of this to her neighbors and fellow colleagues. She stated Potomac Station is an average neighborhood, not wealthy. She stated they work very hard to maintain the value of their home. She stated the lawn used to be their pride and joy, but unfortunately they cannot afford to water it. She stated she keeps buckets in the shower to catch the cold water before the hot water comes into the shower. She added there is a bucket in the kitchen to catch the cold water before it warms up in the dishwasher. She stated when rain is forecasted, they put the buckets on the deck to catch the rainwater. She stated there is no place else for them to go as they use very little water and are very careful. She stated the proposed new rates will increase her water bill within a year. She asked that the Town make a concerted effort to cut costs. She asked the Council to understand that they are not poor people or eligible for senior assistance and expect to pay their fair share of whatever they use. She stated the high water rates are a burden to those on fixed incomes and those raising children and living on a budget. Stephen Axeman, 221 Rosemeade Place, SW, stated he studied this issue as much as he could but found it very confusing. He stated the rate structure as proposed is unfair. He discussed the court order. He stated the in-town residents have an investment and a risk which should be mitigated. He added he was unsure of what the cost of the risk would be, but it should be fair. He stated the rate structure should consider all the citizens in the Town, adding that the elderly provision does not help those that don't qualify. He suggested a structure that allowed families to keep their costs down if they keep water usage below a certain level. He stated the increases could be progressive, not linear, He stated this would encourage conservation. He noted there are a lot of people out-of-town that are not in a gated community; however, the majority of low income residents are in the Town of Leesburg. He questioned how this would affect renters, who are usually on the lower end of the income scale. He stated he is in favor of raising the rates to keep a good bond rating, but feels the currently proposed rate schedule is not fair to everyone. He stated he is concerned about the uncivility of the dialogue between Council Members. Richard Loucks, 18963 Rocky Creek Drive (Lansdowne), stated a lot of good information has been given which has enlightened him. He suggested voting down this proposition tonight and rethink other proposals before September 1. He stated a lot of good can be done for both in-town and out- of-town customers. He stated three years ago Council voted on something that has become a problem. He stated the discord that decision created has resulted in litigation, which was foreseeable and to continue on that trend would continue with the disharmony. He questioned whether one could blame the out-of-town residents for not wanting to be annexed after being treated Town Council Meeting of August 11, 2009 Paae 12 thusly by the Town. He encouraged Council to step back and reflect, consider ways to draw the two communities together. He stated a fiduciary responsibility to the Town includes the responsibility to ensure neighborly contact with the communities that surround you. He stated to disenfranchise them is to cut off assistance in the future. David Anderson, stated he is a resident of Leesburg for the past 15 years, He stated there has been very little quantification of sewer usage. He stated the current method of using winter quarter to establish sewer bills is an attempt to quantify actual usage. He stated outdoor activities such as watering, car washing, and sprinklers for children can significantly increase water usage, but not the workload on the sewer system. He discouraged going away from using the winter quarter for measuring sewer usage. He questioned whether the commercial tankers would be charged sewer rates for water consumption that is used for road washing, filling swimming pools, etc. He stated his trees and shrubs have suffered from not watering due to drought. He noted in addition to the cost of having those trees removed, his property values have been affected, which is not reflected in his tax statement. He asked Council not to penalize those trying to protect their investment in their property by changing the billing process. He stated by doing such, they would be billing them for services not provided, which is not logical or fair. Stewart Curlev, President of the River Creek Homeowners Association and a plaintiff in the water rate lawsuit stated he would be making some comments on behalf of the HOA and on behalf of the plaintiff's group. He stated the Mayor's flyer has disappointed him as he feels it was engaging in class warfare, using false and misleading statements. He apologized to the residents of the Lakes of Red Rocks, Spring Lakes, Potomac Station, and Lansdowne, which were overlooked in the Mayor's flyer. He noted River Creek only represents a third of the homes in the out-of-town service area. He stated the lot sizes average only a third of an acre. He stated in 2007, Town staff looked at the average real estate value of in and out-of-town customers and found no discernable difference. He stated they currently pay 2.5 times what other Loudoun County residents pay. He stated he feels it is great that savings have been found, but he is puzzled how those savings caused the out-of-town rates to go up in the proposal. He stated a few speakers did a great job talking about the sewer rate billing issue. He noted the rate will be lowered for out-of-town customers, but the sewer rate changes add up to another surcharge. He stated the average out-of-town user will see their water bills go up by SO%, which he does not feel is the relief required in the court order. He stated they are not sure this is a fair, equitable or reasonable structure and urged Council to further try to find a solution that is in compliance with the court order. He commented that the URAC and Council Member Butler did a fine job. He stated initially Loudoun Water was going to serve the area, but the Town brought legal action and in the settlement, the Town got the right to serve the area. He stated at the time, there was no surcharge. He stated it was only after the fish was hooked, the surcharge was added. Town Council Meeting of August 11, 2009 Page 13 Ron Rust, 7 Wirt Street, N.W., 3 Wirt Street, 109 Loudoun Street, S.W., stated most of the points he would like to make have been covered. He stated the Thomas Birkby House is a large non-restaurant water user with a high of 200,000 gallons per quarter to keep the gardens alive during droughts. He stated maintaining the gardens is important for the wedding business because people want a green spot. He stated the majority of water usage is not related to sewer usage. He stated when they use the model that Council Member Wright put together, his water bills would go from $924 to $1910 per quarter during the heavy usage quarter. He recommended Council vote in favor of the proposed plan. He stated in a previous hfe, he had a litigation support firm and one thing he learned is that no one ever gained an advantage by sticking their finger in the judge's eye. Frank Hinkle, stated he supports the proposed rate structure 100%. He stated his grass and his neighbor's grass is beige, but in River Creek the lawns are green. He stated he worked at the Army Corps of Engineer's water plant in DC in the Chemical and Filtration division. He stated all jurisdictions charge different amounts for the same water. He stated he thought Council was elected to serve him and the other residents of Leesburg. He stated it costs more to get water from an open source, rather than water from a well. He stated seasons, weather and pollution affect the need for chemicals. He stated it costs a lot to run a water plant. Raymond Baldwin, stated he is a senior citizen living on social security and what is left of his IRA living in the Lakes of Red Rocks. He stated most of the homes there are townhomes and certainly not the wealthy folks with estate sized lawns portrayed in the Mayor's flyer. He noted during the trial, it was related there is no difference in cost to service the out-of-town service area over the in-town service area; however, the owners of the system have a right to earn a profit. He stated the Council seems bound to try to keep in- town rates very, very low. He noted the new technique for sewer charges would have cost him $95 more for the past quarter. He questioned how the Council is exempt from the court order. He stated the court order is not a general guideline and you can't pick and chose what parts of the judge's decision to use. Dan Baker, retired from the school system. Stated he has been a resident since 1968 and have seen the water system expand greatly. He stated the Town is now being forced with a court order and if the out-of-town customers wanted to pay less for water and sewer, they should have taken that into consideration when purchasing a home outside the Town limits. He stated Council's first allegiance should be to the Town residents. He stated he hopes Council is not influenced by outside legislators and politicians. Ann Robinson. 125 Clubhouse Drive, stated she has been a resident of Leesburg for 18 years. She stated she was disturbed by the Leesburg Today editorial written by Norm Styer. She read °town real estate and personal property tax revenue is used to pay the salaries of policemen, operate the parks department and pay for the collection of trash among the dozens of other services the town government provides to in-town residents". She noted that out-of-town customers drive through town quite often, use Ida Lee and the water park, park in the town garage. She stated she does not feel bad about paying for the policeman to watch the cars of out-of-town residents. Town Council Meeting of August it 2009 Page 14 She stated she does not feel bad that this safe, clean, beautiful town is being used by thousands of people. She stated the safety of this Town is not to be taken for granted. She stated she is now bothered that out-of-town customers are not being generous by getting an attorney because they have to pay a little more for water. She stated she is retired and her air conditioner and her car broke, so she fixed her car and now doesn't have air conditioning. She stated in-town and out-of-town customers can have dueling sad stories. She pointed out that the 25% reduction for senior citizens does not help seniors living in condominiums that pay their water because when the price for water goes up, the condominium passes the increase on in the form of higher HOA fees. She stated that water is a precious resource. She stated she is for higher rates because everyone needs to conserve. She stated a certain amount of water should be given for free because water is a basic right, like air and then make progressive rates as someone uses more. Caron. Henry Twentier, 19001 Panther Court, turned his time over to Mr. John Caron, 18999 Rocky Creek Drive, distributed a calculation of the total effect of the high water use surcharge on out-of-town customers. He pointed out this shows a winter usage of 10,000 gallons, which is on the low side. He stated the summer usage shows a 5,000 gallon increase. He stated the effective surcharge for the 5,000 gallons is 279% of the base out-of-town water rate. He stated this demonstrates that the changes will significantly increase the effective cost of buying 5,000 gallons of water. He stated slightly less use of 12,000 gallons in the summer, costs a 144% effective surcharge on the additional 2,000 gallons. He stated there is a similar corresponding profile for in-town rates. He noted one inch of water on a quarter acre lot is 2,000 gallons. He addressed the out-of-town profile with roughly 2900 residences in the out-of-town area, of which 49% are attached homes, He noted River Creek is not the majority of out-of-town residences, but only about 1/3 of the homes and 55% of River Creek homes are attached. He stated Spring lakes and Lakes of Red Rocks have more town homes than single family homes. He stated Potomac Station has 1400 homes, half of which are in-town and the other half are out-of-town. He stated there are only 10 plaintiffs in the lawsuit and only two of them relate to River Creek. He stated the availability and pro rata fees paid by this area equal over $30 million dollars which did not come from Town taxpayers, He noted the out-of-town area heavily supports the in- town businesses. He stated he is aware the Council's responsibility is to the in-town residents, but does not give Council an excuse to treat out-of-town customers unfairly. He read the following statement, "any business owner struggles to balance the interests of their customers, employees, investors and suppliers. The Town of Leesburg is no exception when operating its water and sewer utility. In recent years, the Town of Leesburg has been unable to strike a balance in meeting the needs of its two main customer classes. The Town Council has and always will pursue the greatest value and opportunity for its in-town customers who they consider the owners of the utility. Their pursuit of the lowest possible rates for them will always be at the expense of the out- of-town customers who have no representation on the Town Council. Can any Town Council Meeting of August 11 2009 Page 15 of the Town Council members honestly say that they, as a governing body, would not keep the 100% surcharge in place had the Town prevailed in the trial earlier this year. Do some of you believe the Town Council would have increased the surcharge, as the Mayor desires, in order to keep in-town rates flat had the Town prevailed in that. I believe the Town Council will never be able to fairly represent and respect the interests of the out-of-town customers and should therefore begin consideration of a long term plan to divest itself of the customers who are adjacent to the Loudoun Water's centralized service area. Loudoun Water is planning to build facilities through the River Creek Parkway corridor to connect to their Potomac River intake facility. When that infrastructure is installed, that will be the opportune time to lay water mains and sewer conveyance systems that would facilitate the physical divesture of the out-of-town service area along the River Creek Parkway corridor. Don't wait until that opportunity passes by. Make it your policy to divest us and task the engineers to figure out how to do it efficiently". Scott Smith, 18466 Lanier Island Square, stated in his view, there is a legitimate and good faith difference of opinion about how water rates were set between in-town and out-of-town customers. He stated that debate was settled through the courts. He stated the Mayor's letter undid a lot of the good and forward progress made by the court case. He stated the Leesburg water system was built through capital funding and bonds. He stated the investors and buyers of the bonds get the return on the investment. He stated calling the lots "estate sized" stirs up unnecessary class warfare which is unproductive. He stated he does not know anyone in River Creek who is more concerned about their lawn than their water rates. He stated if Town residents went to Lansdowne eating establishments and were charged double because they live in Leesburg, it would be entirely unfair. Anita Dalton, 123 Nottaway Street, S.E., stated everyone needs to be treated fairly and has faith the Council will make the right decision. John Drurv, 621 eeauregard Drive, stated he has been involved in this issue for over two years. He stated he was a member of the URAC and agrees with the surcharge. He stated he hopes the judge's ruling is overturned on appeal. He stated he has a master's degree in international business. He stated you are taught you are responsible, as an officer of a company, to maximize shareholder value. He stated there are a number of stakeholders. He stated the voters, property owners, and business owners of Leesburg are the shareholders the Council must focus their attention on. He stated the stakeholders are important and include the out-of-town customers, people who drive through Town, employees in the Town but they take a secondary role to the importance of the shareholders. He commended the out-of-town customers for their laser-like focus on reducing their out of pocket expenses. He stated seven years ago, a number of people in the same area said they did not want to be annexed. He stated their focus on keeping as much of their money in their pockets is their objective, which he cannot blame because he would do it himself. He stated because the out-of-town residents have been so active for the past several years, they are the ones who have controlled everything. He stated Leesburg residents have been sitting back because their interests have been protected until now. He stated he initially had high hopes when he started on the URAC, but then they threw Leesburg shareholders under the bus with their recommendation. He stated he was quite proud to Town Council Meeting of August 11, 2009 Page 16 stand alone in opposition to that recommendation. He stated the URAC needs to be dissolved as it has been nothing but a political fig leaf. He stated the Council needs to take responsibility by forming a subcommittee of Mr. Wright, Mr. Dunn and Mr. Butler. He stated he is officially resigning from the URAC. He stated he is upset with the Board of Supervisors and the delegates to Richmond for taking the side of one set of constituents over another. He stated the Leesburg citizens need to contact their representatives and let their voices be heard. He stated he feels the Mayor's letter was important to let Leesburg citizens know what was happening to them and that they need to fight for what they need. He stated this is not the end of the story, but an ongoing process. He stated the Town needs to look for ways to cut expenses and bring in new revenue. He said there were some good points in the URAC report. He asked that Council work as hard as possible to fight for the shareholders on this and other issues. Andrew Danilovich, Lakes of Red Rocks, stated he had no prepared statement. He stated he does not have a large yard and he does not water it. He noted he had no say in whether he was part of the Town or not part of the Town. He stated a gallon of water should cost the same regardless of where you live. He asked to be annexed so he could have the same rate as in-town residents, or cut his water off so he could be served by Loudoun County. Melanie Fondaco. 18896 Goose Bluff Court, stated water is a life sustaining need. She stated this is all about what is fair, whether the process is fair and how the rates are set. She stated the utility is a business separate from tax dollars. She stated the fact that taxpayer dollars do not subsidize the utility fund means there is no owners risk. She stated that all costs are kept within the utility system. She stated there is no additional risk to in-town residents. She stated the Council's decision to issue double barreled bonds was the Council's decision when normal bonds could have been issued. She stated Council has to make decisions to ensure the viability of the fund adding that political rate setting consistently has put the utility system at risk. She stated it no surprise that there is still a deficit because in-town rates have not been raised as much as they need to be. She questioned what would happen if out-of-town customers were allowed to seek service elsewhere. She stated out-of-town customers would be thrilled to go somewhere else. She stated Leesburg has not been true to the original agreement to provide water at reasonable rates and will not be true to the judge's order if they adopt these proposed rates. She stated the rate design is manipulative so it works out that out-of-town users who water their lawn will have bills that go up, not down. Giai Robinson, stated she is concerned about the differences in numbers between the attachment and the presentation. She stated Section 34 of the Town Code needs to be updated. She requested Council pass the rates for one year to give the URAC time to review and then listen to the recommendations. Kevin Shea, 18486 Orchid Drive (Spring Lakes), noted the lawsuit costs are being paid out of the Utility Fund. He noted the Town is using the same water rate consultant as used during the trial who was unable to convince the court that his method was fair and equitable. He went over the history of the water rate discussion. He suggested everyone sit down and talk to each other. Town Council Meeting of August 11 2009 Page 17 The public hearing was closed at 11;08 p.m. Mayor Umstattd made a motion to readvertise a new set of rates showing a maximum 2% increase each year for in-town residents, and a maximum 112% differential for out-of-town water customers and a maximum differential of 344% for out-of-town sewer customers and to schedule a public hearing for Tuesday, August 28. Council Member Dunn seconded the motion for discussion purposes. Mayor Umstattd stated she believes the court has authorized this and the consultants initially provided this as their interpretation of what the court authorized the Town to do. She stated this is the best way for the Council to be faithful, on a fiduciary level, to the residents and business owners of Leesburg. Council Member Dunn stated the fiduciary responsibility started when Council voted for a utility plant upgrade and then voted against allowing those rezoning applications that would have provided customers to use the utility plant capacity. He stated this last minute political fodder amendment is inappropriate. He stated he seconded the motion so the Mayor would have an opportunity to explain how this system will work positively for the people of Leesburg and the customers in and outside of Town. Vice Mayor Hammier thanked everyone for their attendance this evening and their civil tone despite the uncivil tone of the flyer that has been circulated. She stated she appreciates all the incredible work of her council member colleagues, staff, and the consultants. She stated this has been a calm, transparent and open process seeking to move forward in choosing justifiable rates. She stated every member of Council had a right to bring forth a motion on July 14. She stated no motion was brought forth by the M Mayor at that time, but rather a tactic was chosen to focus on emotion with uncivil language. She stated on principal she will not support this tactic because financial impacts that have been discussed at length and are in opposition to the Council's fiduciary responsibility, She stated the Council is following the process. Council Member Wright stated while Mayor Umstattd has the opinion this option is allowed under the court order, she is the only one who holds this opinion. He stated this proposal makes great newspaper headlines, but does not reflect a complete analysis that gets the Town where it needs to be and puts the other Council Members in the unfortunate position of having Leesburg constituents not feel they, the Council Members, are standing up for them. Council Member Butler stated his highest allegiance is not to his fiduciary duty to the Town, but to the law. He stated his oath was to uphold the law. He stated the Mayor's resolution, while being an interesting spin on the utility rate method, would not pass muster with the court. He stated the Town could end up spending a lot more money and possibly far more money and have rates that are far less attractive than what is included in the current proposal. He stated he cannot support this motion. Town Council Meeting of August il. 2009 Page 18 Council Member Reid stated he would not support this motion and was disappointed that it was even seconded. He stated the Mayor is trying to say she knows more than the Town Attorney and the outside Counsel. He stated he appreciates her zeal in supporting the higher out-of-town surcharge, which he has supported even when he was not on Council at the time the higher surcharge was instituted. He stated he supports the Town Attorney and the consultants. He stated the Council's highest responsibility is to the law, not trying to get brownie points with the voters in the next election. He stated all the Council Members are working for the residents of Leesburg, first and foremost, and by voting against this motion that is what they are doing. Mayor Umstattd stated she believes this is entirely within the judge's order and letter of opinion. She stated it is within the boundaries the consultant laid out based on the utility rate method. The motion failed by the following vote: Aye: Mayor Umstattd Nay: Butler, Dunn, Hammier, Martinez, Reid, and Wright Vote: 1-6 Council Member Wright made a motion to approve the following as presented: ORDINANCE To Amend (in Part) and Reordain Chapter 34, Article I (Reserved), Article II (Water System), and Article III (Sewers and Sewage Disposal), Formerly Chapter 19 (Water) and Chapter 15 (Sewers and Sewage Disposal) and the Fees, Rates, and Charges as Referenced in Chapter 34 of the Code of the Town of Leesburg The motion was seconded by Council Member Reid, Council Member Wright stated the fee schedule shown on the website is the correct schedule. He clarified the winter quarter will not change and the change in the way sewer rates will be calculated will not take place until January 1, 2010 to give Council time to look at other options. Mr. Wells stated staff will be analyzing deduct meters or other types of technology that can avoid having people be treated unfairly by the change in the way sewer rates are calculated. He stated he anticipated a report to Council in late September/early October. Council Member Wright clarified that at the work session he claimed his plants are dead, but his wife's plants are not dead. He stated he appreciated the people who have come out and those that have emailed Council with their concerns. He stated the main themes he has heard are protect my interests as a Leesburg taxpayer, adopt a rate structure that is fair and complies with the court order, don't adversely impact one group to benefit another group, cut costs, find new revenues, don't raise rates, Town residents are entitled to a lower cost, make sewer billings fair. He stated a lot of the misperceptions on how the utility system and fund work have been addressed. He stated the proposed changes will not be benefitting those who use a lot of water. He Town Council Meeting of August 11 2009 Page 19 stated this will affect everyone in and out-of-town. He discussed the high use surcharge, which will be assessed to everyone who uses a lot of water. He stated at the start of this process that he would work to ensure that rates were adopted that would comply with the Virginia State Code to be fair, reasonable, practicable, and equitable; have a clear understanding of the rate structure and the components of the rate, and make those components have a clear justification; make sure that the rates that are adopted make sense for Leesburg, the Utility Fund, our customers, and Town residents for the long term, not the short term; minimize the impact of any increases that are ultimately determined to be required. He stated when he looks at the facts before this Council regarding the water rate issue, the requirements of the court order, the revenue requirements of bonded debt, operational costs of the system, he finds the current proposal that has been vetted by staff, legal counsel, the public and this Town Council to be a responsible path forward that will protect the interests of the Town and the residents going forward and not place our residents at a greater risk for adverse financial impacts or penalties by not taking this action. He stated this addresses the themes he has heard during this debate by protecting the interests of Leesburg taxpayers by implementing a new rate study that complies with the court order, but updates those numbers to ensure that out-of-town customers are paying a fair, reasonable and practicable rate as ordered by the court based upon the realities of today as failure to do this would have generated rates with a differential of approximately 26% and further deficits. He added that the Town has to continue to look for cost reductions as this rate structure is based on conservative estimates going forward and learns from the adverse impacts of the last rate study that did not come to fruition. He stated they are looking at adopting new physical guidelines that will ensure continued focused oversight and performance metrics. He stated this vote does not mark a return to business as usual, but doing business better for the Leesburg utility. He stated he took an oath to serve this community. He stated the oath talked about complying with the law and what he needed to do. He stated when he went door to door and asked for this job, he said he would make responsible decisions based on the facts, based on what was necessary. He stated it would be easy to just stick it to the out-of-towners, but he would not be meeting the oath. He stated he feels he is protecting the interests of the Town of Leesburg by this vote. Council Member Reid stated he would like to offer a friendly amendment to restore the 36% to section 34-60 which would basically keep the winter discount as it is. He asked what the impact of this change would be dollarwise. Ms. Irby stated that is based on peaking factor and the revenue shortfall would have to be made up somewhere else. Ms. Irby clarified this is related to peaking factor for excess water not related to sewer charges. She directed Council Member Reid to Section 34-155, which is the 100% sewer charge that has been deferred until January 1, 2010. Council Member Reid stated he would like to strike this amendment and questioned what the monetary effect would be. Town Council Meeting of August 11 2009 Page 20 Ms. Irby stated according to the study, it would be between $1.3-$1,7 million annually. She stated if one component is removed from the rate study, the shortfall will need to be accounted for somewhere else in the system. Council Member Wright did not accept this amendment as friendly. There was no second for this amendment. Council Member Reid questioned if the rate increase could be cut to 3% by directing the Town Manager and Utilities Department to eliminate $252,000 from the budget either through additional staff reductions or cancellation of the Lower Sycolin Creek Conveyance system until such time as the system is deemed necessary and/or bill the General Fund for utilities administrative staff time devoted to plan review. He stated this is a motion to amend. There was no second for this motion. Council Member Butler reminded everyone that no one likes this proposal because it raises rates, which Council hates to do. He stated neither the in-town users or the out-of-town users like it. He stated the suggestion has been made to defer this for two weeks in order to come up with another solution. He stated no other solutions come to mind that everyone will like. He stated the main problem is a $1.8 million deficit in FY2010 stemming from decisions made 20 years ago that have compounded to this date. He stated we have to bite the bullet, pass this, and get past the legal and financial barriers before we can determine how to make this better. The other option, he noted, is "kicking the can down the road" as has been done in the past. He stated he does not want to cause even worse problems than we have today. He stated the impact of the double barreled bonds is 0.04% of the differential between in-town and out-of-town rates. Council Member Martinez stated he would like to address the question of whether the Council would have done anything if the lawsuit had not prompted action. He stated he knows of three council members were doing what they could to come up with a fair and equitable plan to deal with the Utility Fund deficit, but work on those proposals had to stop because of the lawsuit. He added the Town asked for more time to research more options and opportunities, but the plaintiffs did not want to allow extra time. He stated he did not attack anyone on the Council because everyone has the right to say what they want to say in whatever form they want to say it. He stated some awful emails have been sent. He stated he will never attack anyone for what they say even if he does not like it. He stated Freedom of Speech is something that is a right in this country. Vice Mayor Hammier stated it is imperative that everyone has the right to say what he or she feels and deems fit; but as a Council Member, learning about a flyer distributed by Mayor Kristen Umstattd makes it seem like she represents the entire Council. She stated the sentiments and tone of the flyer do not represent the entire Council. She stated Council has worked very hard to do the research and take all the suggestions into consideration. She stated the Town will continue to seek ways to lower costs. She thanked Mayor Umstattd for the flyer, not because she was taking credit for further cost cutting or for representing Town residents, but because she has had an amazing week as a Council Member because of the flyer. She stated she and Council Member Reid wrote to the Washington Post and they printed the letter Town Council Meeting of August il, 2009 Page 21 and she answered many emails from constituents setting the record straight. She added she also sent out a tweet that she would be at the dog park and could discuss utility rates with anyone that wanted to meet her there. She stated Council Member Butler came and they were able to talk to some residents. She stated the central issue of trust and reputation brought up in the context of the impact to continuing the kind of sentiment, discord in the community, that will impact in-town residents relative to the bond rating. She stated the Town Manager specifically mentioned that negative action and reputation can impact the bond rating. She stated on a positive note because the Town is not falling into it, it will be a new day allowing in-town and out-of- town customers to move forward. She stated she appreciates everything that Council Member Dunn has done to focus in on costs, but she pointed out this system is not in a crisis. She stated translating the type of cost cuts that have been discussed, which she estimated at $630,000 annually, would bring the system down which is why she could not support them. Rather, she stated, this boils down to about $0.06 per day for her family or $0.02 adjusted for inflation. She stated she felt that for $0.02 per day we have sunk to polarizing language when the Town has so much to gain from pulling together to seek ways to find additional revenue and ways to cut expenses. She stated the flyer was polarizing politically, but has done a great deal of good to bring the Council together. Council Member Dunn stated he has heard a lot of people speak tonight and he comes from simple beginnings. He stated this community has so much and it is a shame to create a feeling of the haves and have Hots. He stated he hopes everyone can move forward in a healing process as everyone in this community is here together. He stated he will not support the proposed water rates, not because of the class issue, but because the Town has not fully reviewed the proposal. He stated he hopes the Town does not repeat history of what went into the rates that caused the problems, He stated there is an attitude on Council that certain things are off-limits Tike Town staff. He stated the budget process would not touch staff, but the Town could go to the "well" which is the taxpayer's pockets. He stated this is not the way to manage government or business. He stated if there are shortfalls, everything is on the table. He stated he feels this should get more of a review. He stated John Kennedy said "presidents get yelled at", and that is what Council is for. He stated elected officials throughout the years have been the problem, not the citizens. He stated residents can change that on May 4. Council Member Reid stated he tried to cut the rate of increase down to 2% and vote on expense cuts. He stated he will not support this because it is unfair to impose another 22% increase on Town residents when they have already paid a 21% increase on water and 35% increase in sewer for the past five years. He stated we are in this pickle because the councils from 1992 to 2005 have deferred rate increases and dipped into the Utility Fund and approved a waste water treatment plant expansion and said Mayor Umstattd was on Council during this period. He stated he cannot believe that out of a $22 million utility department budget, a quarter of a million cannot be found to cut. He stated the Lower Sycolin capital project is not necessary at this time. He stated he is disappointed his amendments were not seconded for debate. He stated everyone here is working for the in-town residents. Town Council Meeting of August li 2009 Page 22 Mayor Umstattd stated one of the advantages of going door to door between four and six hours a day, is you get to talk to people who will be affected by your actions. She stated in the Town of Leesburg, we have a population that, in general, is not as wealthy as the population outside. She stated people are stretched thin. They cannot afford even the lower rate increases that will be passed tonight. She stated there are retired citizens on fixed incomes who have to pay Town taxes. She stated those in-town are really suffering and are trying to make ends meet. She stated that is the human face we have an obligation to when the Council votes. Council Member Wright clarified the Utility department's operational costs are $12.8 million, not $22 million and capital costs are not 1:1 to rates because they are paid for in a different manner. He stated this highlights that this is a complex system. He stated he invested the time to understand the issue and the past history. He stated he made the commitment to understand it and that is the same commitment he has going forward to address the sewer impacts to make sure they are fair. He stated there is a lot of work still to do reviewing the third party results of the management audit to further mitigate the impacts of the higher rates. He stated this structure deals with the situation as we have it now, but it is Council's job to continue to improve the situation so it improves the situation for the customers. The motion passed by the following vote; Aye: Butler, Wright, Martinez, and Hammier Nay: Reid, Dunn and Mayor Umstattd Vote; 4-3 S1. ORDINANCES a. None. 12. RESOLUTIONS a. Annual Street Resurfacing Tom Mason stated staff revised the list of streets to cut approximately $165,000 in paving costs at Council's request. He stated two sections of Kincaid Boulevard, a section of Sycolin Road, and a section of Woodbury Road have been removed at a total of a little more than $178,000. He stated those four sections of road have been put on standby. He noted when Town staff put the budget together, they looked at information from the Pavement Management System, which indicated approximately $1 million in resurfacing that needed to be done. He stated because of the tough economic times, the resurfacing amount was kept at FY09 levels of $961,000. He stated during the budget process, that amount was further reduced by $100,000. He stated tonight's proposed reduction is on top of reductions previously made. He stated these streets are not eliminated, but deferred. He stated, to date, about $378,000 in street resurfacing is being deferred for FY2010. He stated his recommendation is for the originally proposed resolution, but Council has the option of approving the proposal that defers resurfacing of the four previously mentioned streets. Council Member Wright made a motion to approve the originally proposed street resurfacing plan. The motion was seconded by Council Member Martinez. Town Council Meeting of August S1, 2009 Page 23 Council Member Wright stated he appreciates the information on the impact of doing what Council has suggested. He noted there are seven streets that did qualify for repaving, but did not even make the original list. He stated this is a short term gain, but sooner or later we will have a problem. He stated we need to live up to the standards that we have set. Council Member Martinez agreed and stated he has not seen any evidence that we should deviate from our standard. He stated the Public Works department continually looks for ways to be cost effective. Council Member Reid stated it is a shame that Council Member Wright moved the original. He stated Kincaid Boulevard, Sycolin Road and Woodberry will not have potholes. He stated there are other streets with higher PCI ratings. He requested the savings be put into curb and gutter and sidewalks. He moved the amended list. The motion to approve the amended list was seconded by Council Member Dunn. Council Member Butler stated he favors the amended list. He stated in this case it is not a bad thing to save some money until the economy gets better. He stated the roads are not in bad shape and this is not our biggest problem. Council Member Wright questioned whether the other streets on the standby list will be cut. Council Member Reid stated he likes the amended resolution. He stated he believes that milling and paving are not the biggest concerns in this budget. He stated saving the money will allow it to be spent on sidewalk, curb and gutter and other things VDOT doesn't allow. He stated those savings also could be spent on more police officers. Vice Mayor Hammier questioned whether the amended list could be approved and Council could have a quarterly report on the impact on the streets that have been deferred. She stated, if need be, allocation could be made for those streets. Council Member Reid stated he would accept a friendly amendment to his amendment, Council Member Dunn stated the updates will always suggest the streets need paved. He offered a friendly amendment to use the funds for police officers. Council Member Reid stated he does not feel it needs to be further complicated. The motion to amend the motion to approve street resurfacing plan was approved by the following vote: Aye: Reid, Dunn, Butler, and Mayor Umstattd Nay: Hammier, Martinez, and Wright Vote: 4-3 Town Council Meeting of August 11 2009 Page 24 It was clarified that the $175,000 be put back into the General Fund Council Member Martinez questioned whether the speed of degradation of road surface continues at a steady rate. Mr. Mason stated the degradation picks up as the road degrades. Council Member Wright stated he feels we are setting ourselves up for trouble in the future. Council Member Martinez stated he does not want to see a backlog of capital improvement and maintenance projects. Council Member Wright suggested not only tracking the PCI, but the cost of delaying action. Council Member Dunn questioned whether the road designations could just be removed and a dollar amount to be spent set. Mr. Mason stated that staff recommends the roads as presented. The amended motion was approved by the following vote: Aye: Reid, Dunn, Hammier, Butler, and Mayor Umstattd Nay: Martinez, and Wright Vote: 5-2 b. Fiscal Policy Change Mr. Butts distributed a resolution based on the comments made by Council at the work session. He described the changes that have been made including identifying availability fees in a fund balance category that can only be taken out for growth/capital improvements expenditures, Council Member Wright made a motion to propose the following: RESOLUTION Amending the Fiscal Policy for the Town of Leesburg The motion was seconded by Council Member Butler. Council Member Wright stated this resolution holds Council responsible and will keep the Town from going off track in the future. Council Member Butler stated he likes the additions that have been made as they will help Council keep better track. Council Member Reid concurred and added this will put the Council on record as looking for new revenue sources and cutting costs. Vice Mayor Hammier stated seeking new revenue sources is important and the tone and process the Town abides by for setting fair and reasonable rates for all customers will help to achieve that goal. Town Council Meeting of August it 2009 Page 25 Council Member Dunn stated he is looking forward to putting this to use when the management report comes out. Mayor Umstattd stated she can support this, but her interpretation of what a new revenue source is may differ from her colleagues. She stated she will not support finding users outside the current service area. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay; None Vote: 7-0 13. OLD BUSINESS a. Public Safety Funding There was no discussion related to this item. 14. NEW BUSINESS FOR ACTION None 15. COUNCIL COMMENTS Council Member Reid stated at his synagogue they celebrated the observance of Tishah B'av, which is not a very well known observance. He stated on that day, both temples were destroyed and it is customary to read Isaiah 40, which begins "comfort o' comfort my people". He stated there is still some comforting that will be needed in this community as many people will be unhappy with this decision. Referring to the Mayor's flyer,_ he stated Council can cajol, but should not commit commotion. He invited the Mayor to talk to Council Members off line. He stated )ohn F. Kennedy commended compromise and conciliation, which is not evil but is part of the process, He stated he is looking forward to the September 3 opening of Battlefield Parkway from Kincaid Boulevard to Rt. 7. He stated it will open before the school year and will help the buses and school traffic for Harper Park. He wished everyone a happy summer. Council Member Butler stated there was a clear juxtaposition of legal, financial, and political issues. He stated he was glad Council collectively tried to keep the Town out of legal issues, but does not feel this is the last the Town will hear about this. He thanked staff, particularly Ms. Irby, for their work on the lawsuit. He stated he is happy about Battlefield Parkway. Council Member Wriaht disclosed a meeting with Lowe's regarding their proposal at the old Auto Park site. He stated the Planning Commission is working tirelessly with back to back public hearings that went until 1;30 a.m. He stated they will not be taking an August break and will be looking at the shared parking agreement for the fire station, the traditional development option for R-1 zoning and Oakiawn. He stated the August break is a good opportunity for everyone to think about something other than water rates and move forward. He stated there is still a lot of ongoing work that needs done, but he hopes the tone will be reset and everyone will be able to move forward in a positive and cooperative manner. Council Member Martinez stated all of staff who worked on the water rate issue deserve a pat on the back. He stated he is not happy with the behavior of Council Town CounciP Meeting of August 11 2609 rage 26 where they have regressed to shouting out, sldebac conversations and hot paying respect and professionalism that the Council should have, He stated Council is lasing sEght of the process. He skated sidebar conversations snould be held elsewhere. lie stated 1f Council does not respect one another, na one else will. He stated the motion makae gets to make the last statement ar7d if a Couitcii Member has rrot made their comments before then, they should not oe made. FIe stated this is a process that nos Been put into place by Council, He encouraged Council to have a renewed commitment to professionalism when they came back from break, He offered tas condolences to the family of the young man. who was killed recently; Vice Mayor Hammier stated she attended khe meeting with Council Member LVright and the representatives df McGuire Woods and Gowe`s Corporation regarding. their desire to put big ESOx retail on Route 1, She stated there vdill be a doggy fundraiser at the pool on 5epternber 12 after the pawl doses to the public, Stie stated she was happy to hear at the Parks and Recreation Commissdh meeting that Twitter will be ready to gd for the next summer season, She noted Council Member Dunn and herself have initiated Gaffes with Counci! by the Exeter pool on September 25. She welcomed .the .public to .come out and discuss whatever was on their minds. Elie :stated she volunteered far Acoustics on the Green oh Saturday and it was woiiderfui. She stated she appreciates the incredible effort of staff with regards to the t~vater rate issue. Council Member Dunn stated he received a phone call firam the representatives of Bowes. He thanked staff for all the work put iii on the utility issue, He stated he does not always agree with khe approach, but he cannot fault the effort. d ~a iMAY~R'e~ bV B°1 A`IE19 i~ Mayor Umstattd stated she also met with Lowe`s an their proposal. to put a Lowe's store betweenthe wastewater treatment plant and Int. 7. She commended staff and the consultants on all their hard work on the utility rate issue, She expressed her condolences ko Mr, Markinez, his family and the family of the young man that was killed. 17: NBANAC~R'~ ~4MM~N7'~ Mr, Wells thanked staff that worked ott the utility rate issue. He stated he hopes the work that was produoed was helpful in providing ail the information that Counc[I needed to make their decision. x~, c~a~a s~~z~N None 1 ACJ,~ClRIVF4Et~T On a motion by Council Member Martinez, seconded. by council Member WrigE}t, the meeting was adjourned at 12:54 a.m., August 12, 2fl09. ~,` r .. i ~ { .~ # t t ..e~e...~ }Kristen'C Ut stand, Mayor ~~. Town of Leesburg ~~-~? ~ i Clerk of GoG cil'