HomeMy Public PortalAbout2011_tcmin0223COUNCIL MEETING February 23, 2011
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammler,
Fernando "Marty" Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd.
Council Members Absent: None.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and
Zoning Susan Berry Hill, Zoning Administrator Chris Murphy, Economic Development
Manager Marantha Edwards, Deputy Director of Planning and Zoning Brian Boucher,
Director of Parks and Recreation Richard Williams, Chief of Police Joseph Price,
Director of Information Technology Wendy Wickens, Director of Utilities Randy
Shoemaker, Director of Finance Norm Butts, Director of Plan Review William
Adman, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie
Carlson, Comprehensive Planner David Fuller and Clerk of Council Lee Ann Green
AGENDA
1. CALL TO ORDER
2. INVOCATION was led by Vice Mayor Wright
3. SALUTE TO THE FLAG was led by Council Member Reid
4. ROLL CALL showing all Council Members present.
5. MINUTES
a. Work Session Minutes of February 7, 2011
On a motion by Council Member Reid, seconded by Vice Mayor Wright,
the work session minutes were passed 7 -0.
b. Regular Session Minutes of February 8, 2011
On a motion by Council Member Hammler, seconded by Council
Member Butler, the minutes were passed 7 -0.
6. ADOPTING THE MEETING AGENDA (Amendments and Deletions)
Council Member Martinez made a motion to adopt the meeting agenda as
presented.
vote:
The motion was seconded by Vice Mayor Wright and approved by the following
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
7. PRESENTATIONS
a. FY 2012/FY2013 Budget Proposal Outline
ITEMS
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Mr. Wells stated that tonight's presentation will be the goals and financial
framework. He stated he will be providing part of the presentation and Mr.
David Rose of Davenport, the town's financial advisor, will be presenting the
second part. He stated in two weeks, the actual budget document itself will be
presented which will contain the details of any expenditure changes and detailed
deductions.
He stated the manner in which this year's budget will be put forth was
requested as part of the Council's strategic planning session several months ago.
He stated one of the most important goals the Council had was a goal of long
term budget sustainability. He stated this raised the questions of how to go about
obtaining long term budget sustainability and what it would mean in terms of
decision making and what type of goals and objectives would need to be
addressed.
Mr. Wells stated the first thing was to commit to a multi -year operational
budget even though the town can only legally adopt a budget for one year. He
stated the staff will be bringing forth a six year capital improvements program as
opposed to a five year program which will have the capital program coincide with
the VDOT Six -Year Plan, which is important for potential funding for road
projects. He stated staff is focusing on the tax bill and tax rate and working on
the assumption that there will be no change in the tax rate. Further, he noted the
plan needs to meet debt ratios and the overall plan of the fiscal policy where
current expenditures meet current revenues. He discussed that the plan that will
be presented will provide means to begin to catch up on items that have been
deferred over the past several years. He stated the long term plan begins to
assume that the government will operate in a way that can meet the goal of
sustainability and normal operation.
Mr. Wells discussed the numbers with regards to revenues. He stated
there are beginning to be some increases in values for existing homes, although
there is a slight downturn in values for existing commercial properties. He noted
that revenue is fairly flat with about a 0.05% increase.
With respect to expenditures, Mr. Wells stated that department requests
were originally totaled $48,000,000. He stated increases in personnel costs are
mainly due to a 25% increase in healthcare costs and other increases were caused
by the department's catching up on replacements for computers and vehicles. He
stated staff has identified $1.7 million for reductions. He noted that the debt
service is shown at a higher figure because it includes airport debt service.
David Rose stated they have been asked by staff to take an overall look at
the town from a financial perspective. He stated to move to the next level of
credit rating, AAA, a government must demonstrate a five year plan with regard
to revenues, expenditures, and capital programs. He discussed the differential
between revenues and expenditures using the bell weather of a static tax rate. He
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stated by 2017, if no corrective action is taken, there would be a shortfall of $4.5
million, which equates to just over six pennies on the tax rate.
He discussed funding of the Capital Improvements Program. He stated
they made a series of assumptions, which included no tax increase in the 2011,
2012, and 2013 budgets, continued low interest rates and minimal, if any, use of
the undesignated fund balance. He stated the goal is to ultimately be a AAA
local government, which he stated he believes the town can attain by being
conservative and planning for the future.
Mr. Rose discussed the preliminary plan of finance which includes
strategically restructuring about $10 million of the General Fund portfolio which
will shave the peaks over the next several years and shorten the debt period.
Council Member Dunn left the meeting at 8:52 p.m.
Council Member Reid stated that this is very sobering information and it
is very apparent that the party is over. He stated it is a good recommendation not
to touch the undesignated fund balance, even to save someone's job. He stated
he appreciates the fact that Davenport highlighted the issues with the airport
fund.
Vice Mayor Wright stated he appreciates the report and the effort. He
stated for the past few years they got to a balanced budget by deferring things, but
they need to set a base budget that can replace equipment, offer raises, etc. He
noted the restructuring will allow the town to be able to make the balloon debt
payment forecasted in 2017.
Council Member Martinez stated the last four to five years have been
painful. He confirmed they are using a growth rate of 1.5% growth per year
assuming the ratio of residences and businesses stay the same.
Mr. Wells stated they have been very conservative in the revenue
estimates so they do not have to come back and make additional cuts or
adjustments.
Council Member Martinez stated a higher rating on bond issuances gives
the town a more favorable interest rate. He questioned what the town will have
to do to be upgraded to a triple -A.
Mr. Rose stated that is a complex question, but the town is on the right
trajectory and will need to demonstrate structural balance for several years. He
pointed out that Loudoun County is a triple -A rated jurisdiction.
Mr. Wells stated the better the town's credit rating is, the lower the
interest rate on borrowed funds for the capital program.
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Council Member Hammler questioned whether there was any impact to
Leesburg when the Build America bond program expired at the end of last year.
Mr. Rose stated the Build America subsidy is factored in to the numbers
he presented. Further, he noted last year there was an unprecedented low interest
rate by virtue of that program. He noted in Virginia, local governments are not
allowed to declare bankruptcy and there is a state intercept mechanism.
Council Member Hammier noted that there will be additional expenses
associated with TMDLs. She questioned whether these anticipated costs have
been factored into the numbers.
Mr. Wells stated he is not assuming the costs discussed last night will be
the costs that are actually incurred. He stated they have not specifically
anticpated them, but do have the capacity to deal with them.
Council Member Hammler commended the Town Manager for making
the tough decisions with regards to budgeting in an environment where
expenditures need to be decreased. She stated the Council has to make decisions
about services that bring the greatest quality of life to the most people.
Council Member Butler thanked staff and previous Councils for being able
to have five years in a row where the tax rate is lower than the equalized rate.
Council Member Dunn stated every year Council talks about trying to
make cuts and is concerned about risking the quality of life in Leesburg, but every
year the overall budget comes down and yet he hasn't heard any complaints
about quality of life. He stated every year the budget has been top heavy and it
has been the reluctance of Council to make cuts. Further, he stated while he does
not like to see people lose their jobs, he is living it right now. He stated these are
cuts that have to be made and should have been made sooner.
Mayor Umstattd stated she is very pleased to see that once again they will
be able to reduce the tax burden on Leesburg residents. She stated she agrees
with Council Member Hammler's request for more information on how budget
planning and the costs to the utility department for storm water management and
waste water treatment Federal regulations will be accommodated. She stated
these future costs worry her significantly and the town needs to know the cost of
development as the cost to the town of allowing further development will be
horrendous.
Council Member Dunn left the meeting at 8:52 p.m.
8. PETITIONERS
The Petitioners section was opened at 8:53 p.m.
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Mary Hunter Leach, 18493 Woodburn Road, stated she is here to support
her friend, Mr. Caulkins, and the other downtown merchants who would like to
retain the on- street parking. She stated she is concerned about this issue. She
stated towns all over the country look alike, but Leesburg is unique because it is
not a manufactured downtown. She stated if the town hurts these merchants,
there will be no downtown.
Neely Law, 213 Lawford Drive, stated this is a follow -up to last night's
presentation by Wetland Studies and Solutions regarding the town's options to
address the state watershed implementation plan. She stated in 2007, Council
was provided with a set of recommendations based on the Tuscarora Creek
Watershed study that indicated that nearly half of the streams in town were in
poor condition based on current and historical development patterns. She stated
the town has implemented inadequate methods to protect the streams in terms of
water quality and habitat. She stated this has now come around to a very heavy
handed federal mandate to clean up the streams. She stated Mr. Rolband's
comment that buffers are useless in urban areas when they are piped so that the
flow bypasses the buffer, thus reducing the effectiveness of the forest to filter and
reduce the run off. She stated while that is true sometimes, it does not always
have to be the case. She stated the water can be directed to the forested buffer to
allow the buffer to treat the storm water, thus reducing the impact to the streams.
She stated that comments made about the clay soils and karst terrain that
significantly reduces the ability to implement infiltrating practices such as low
impact development that promote infiltration of water. She stated those
conditions do not prevent the use of low impact development or infiltrating
practices. She stated there are certain design criteria that are promoted by the
Commonwealth Storm Water Regulations. She stated that the comment that
rain barrels make a small dent in the overall reduction of pollutant loading to the
streams; however, using a rain barrel or disconnecting the downspout to allow
the water to drain onto the lawn rather than the street or driveway is a low cost or
no cost solution. Further, she stated it increases residential citizen awareness
furthering different efforts as well as outdoor water conservation during summer
months. She stated overall, rain barrels are a very good practice to implement.
She stated the figures provided by Mr. Rolband to implement the practices on his
property were for implementation that goes above and beyond what any
municipality would require to reduce pollutant loading on the site. She stated it
showcases the type of business they are in. She stated implementation of these
practices at subdivision level, there are significant cost savings. She encouraged
Council to look for opportunities, particularly in public /private partnerships
during the redevelopment process to allow the town to move forward in
achieving the required pollutant reduction.
Paige Buscema, stated that over the past eight years, the Leesburg
Downtown Business Association has developed their charter to promote the
historic district as a vibrant business district and a place worth visiting. She
stated they have developed marketing materials as a unified business association.
She stated they are the front lines of the community and they meet with the
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people who come here every day. She stated they are the ones that should be
heard on all of these issues. She asked Council to hear them, not just on parking,
but on all issues going forward.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Reid,
the following consent agenda was proposed:
a. Supplemental Appropriation of a Donation from Greater Loudoun Babe
Ruth
b. Sycolin Road Widening, Phase 3 Town /VDOT Administrative
Agreement
10. PUBLIC HEARINGS
a. None.
11. ORDINANCES
a. None
The Petitioners section was closed at 9:07 p.m.
RESOLUTION 2011 -020
Approving a Supplemental Appropriation of $5,000.00 Resulting from a
Donation from Greater Loudoun Babe Ruth for the Purchase and
Installation of a Batting Cage at Robinson Park
RESOLUTION 2011 -021
Approving Sycolin Road Widening Phase III Town /VDOT
Administrative Agreement and Authorizing the Town Manager to
Execute this Agreement
The Consent Agenda was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
12. RESOLUTIONS AND MOTIONS
a. Hybrid Energy Plant Memorandum of Understanding
On a motion by Council Member Reid, seconded by Council Member
Hammler, the following was proposed:
MOTION 2011 -008
To Authorize the Town Manager to Execute a Memorandum of
Understanding between the town and Green Energy Partners containing
the terms and conditions as set forth in the attachment
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Council Member Reid stated this is the right thing for the environment
and for the Utility Fund. He thanked John Andrews for his leadership in
making this happen.
Council Member Hammler stated after a difficult briefing about the
significant costs for the TMDLs, it was nice to have this come forward as it could
offset the costs and reduce the impact on the wastewater treatment plant. She
stated she followed up with Ms. Irby and requested some modified language to
#2 on page 2 dealing with what would be an anticipated fixed cost over a very
long period, whether we want that to be variable with a market rate.
Ms. Irby stated an escalator clause was added in relation to the Consumer
Price Index in paragraph #4 on the same page which allows after 10 years, when
their interest costs are no longer a factor, escalation clause based upon the CPI
would be implemented.
Council Member Butler stated once this facility is using all the water the
town is willing to sell, it would be a revenue to the town of about $2 million per
year, which has not been factored into any of the budget estimates. He stated
there is a potential budget upside as well as the production of power that is
cleaner than most of the power that is provided today. He stated its generation
closer to home would reduce the need for more power lines.
Vice Mayor Wright stated he is looking forward to the partnership.
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
b. Boards and Commission Grants
On a motion by Council Member Reid, seconded by Mayor Umstattd, the
following was proposed:
RESOLUTION 2011 -022
Approving the Transfer of Funds Budgeted in the Town Council's FY
2011 Adopted Operating Budget for Project Initiatives Submitted by
Town Boards and Commissions
Council Member Reid questioned the proposal concerning the
Technology Commission for taping service for Council meetings. He questioned
whether these are designed to fund what Comcast is not going to continue doing.
Bob Berkey stated the submission, as given by the Technology and
Communication Committee was to provide for taping of boards and
commissions meetings.
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COUNCIL MEETING February 23, 2011
J.B. Anderson, Chair of the Technology and Communication
Commission, stated when they began the budget process, they began looking at
how they could have the Council meetings and boards and commissions
meetings taped for broadcast. He stated most of the staff liaisons do not have the
technical expertise to run the equipment. He stated they wanted to preserve the
professional appearance of the town government. He stated that Oliver Peters
has been working diligently with Monroe Technology to contract with the
students to provide the coverage that the Council needs. He stated they are also
working on marketing for the downtown but they do not have the financing to
move forward. He stated their seminars are in a separate request.
Council Member Butler stated he was the commission liaison when this
first came up. He stated this figure was not intended for Council meetings, but
came out of a discussion that Council had with some enthusiasm to begin to
transmit sound and video for all the commissions and committees, whereas now
it only for a handful. He stated the number of hours needed multiplied by the
rate that the Monroe Vo -Tech students would charge came out to about $8,000,
which would represent the maximum amount for a year.
Council Member Hammier stated she would like to table this portion of
the budget request. She stated Council completely supports everything that the
Technology and Communication commission is doing but it requires Council to
look at the overall communication plan and a budget that may be departmental
rather than specifically out of the commission.
Council Member Reid asked to table the entire item because he has
questions about some of the other commission expenditures.
Council Member Hammier stated she is only moving to table this
particular request.
Council Member Reid seconded Council Member Hammler's tabling
motion.
The motion to table the $8,000 request by the Technology and
Communication Commission was approved by the following vote:
Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
Council Member Hammier requested a work session meeting to discuss
this request.
Council Member Dunn made a motion to table the rain barrel expenditure
given the comments made by the consultant at the work session.
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COUNCIL MEETING February 23, 2011
The motion died for lack of a second.
Vice Mayor Wright made a motion to add a $4,000 grant for the
Technology and Communication Commission for coverage of commission and
committee meetings. The motion was seconded by Mayor Umstattd.
Council Member Reid urged his colleagues to have a deeper discussion
because not all the boards and commissions meet in the Council Chambers.
The motion to add $4,000 back in for the Technology and
Communication Commission failed by the following vote:
Aye: Martinez, Wright, and Mayor Umstattd
Nay: Hammler, Butler, and Reid
Vote: 3 -3 -1 (Dunn absent)
Council Member Butler stated he fully supports what the Technology and
Communication Commission is doing and fully supports the $8,000 funding. He
stated he does not believe that they will spend $4,000 this year taping boards and
commission meetings. He stated Council needs a work session to make sure
everyone is on the same page regarding the process.
Mr. Anderson stated Council asked that they investigate this process
because of past issues and they chose to look at it because of possible loss of
Comcast service in the next year. He stated they also chose to look at it because
the town's current process is not in compliance with the Town Code.
Council Member Reid stated he would like to divide the question and vote
on each request individually.
The original motion, minus the request from the Technology and
Communication Commission for $8,000, was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
c. Utility Rate Advisory Committee Report
On a motion by Council Member Reid, seconded by Council Member
Butler, the following was proposed:
MOTION 2011 009
I move to direct staff to bring forward Utility Rate Advisory Committee
recommended "snowbird" policy to advertise as an ordinance change
The motion was approved by the following vote:
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
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COUNCIL MEETING February 23, 2011
d. Utility Rate Advisory Committee Expanded Membership
On a motion by Council Member Martinez, seconded by Council Member
Hammler, the following was proposed:
MOTION 2011 -010
To direct Town Staff to advertise an ordinance amendment expanding the
membership of the Utility Rate Advisory Committee by adding one (1)
additional out -of -town customer seat for the Citizens for Fair Water Rates
or a like- minded group
Council Member Dunn returned to the meeting at 9:33 p.m.
Council Member Hammler stated that this Council is proactively reaching
out to the out -of -town customers to ensure that they have an active role in setting
the best and most fair rates for all customers.
Council Member Butler stated he is very comfortable with three out of
town members since that represents the approximate revenue generated from out
of town customers.
Council Member Reid stated the committee does not need to be expanded
as adding another person from out of town will not do the job. Further, he stated
they had the opportunity to apply in the fall when there were vacancies.
Mayor Umstattd stated she is strongly opposed to this. She stated the out
of town residents already have two seats out of nine and giving them a third seat
gives them much greater representation than their proportional population would
afford them. She stated this is the town's utility system that is owned and
operated by the town. She stated the shareholders are the town residents and
businesses and the majority of Council has bent over backwards enough to try to
accommodate the wishes of out of town customers. She stated it is pure folly to
give them more representation on what should be an exclusively town populated
committee.
Council Member Dunn agreed with Mayor Umstattd and Council
Member Reid, although he stated he disagrees with the Mayor's reasons for
dissent. He stated the out -of -town customers should have a say in the utility
department because they are customers of the "corporation" of which the
Council is the Board of Directors. He stated he is opposed to them having
additional numbers because the breakdown of town residents per representative
on the board, versus out -of -town residents per representative would give the out
of -town customers more representation. He stated they may be paying 30% of
the fees, and if that were a big concern, lower their fees as they would appreciate
lower fees rather than more representation.
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COUNCIL MEETING February 23, 2011
Council Member Martinez stated the town provides a service and one of
the biggest complaints that he has had is that the out -of -town customers have no
say and no representation.
The motion was approved by the following vote:
Aye: Butler, Hammier, Martinez, and Wright
Nay: Dunn, Reid and Mayor Umstattd
Vote: 4 -3
e. Form Based Code Actions
On a motion by Council Member Butler, seconded by Council Member
Martinez, the following was proposed:
ORDINANCE 2011 -0 -004
To Amend the Leesburg Zoning Ordinance to Establish the Crescent
District Form -Based Zoning District (Effective March 1, 2012)
Council Member Hammier stated she fully supports this and sincerely
appreciates all of the time and effort of the Steering Committee, the planning
staff, and the citizens who have been involved with this. She stated there are over
300 communities across the country that either have or are adopting form based
code including all of Miami, Florida. She stated this has been fully adopted and
is not an experiment or exercise. She stated it is a widely accepted and embraced
method for creating a walkable, sustainable, livable and vibrant community. She
noted an added benefit is this will create a by -right process that will be predictable
creating a more vibrant district. She stated clearly the long term vision for the
Crescent District is for a traditional, human scale streetscape based on the
demographics for the future. She stated she would support asking the Planning
Commission to look at future increase of the district so it covers the entire
Crescent District area in alignment with the Town Plan.
Council Member Martinez stated he has had some concerns with the
boundaries, but most of them have been addressed by staff.
Vice Mayor Wright summarized the history of the form based code
discussion. He questioned what will happen to the pending applications until the
ordinance takes effect on March 1, 2012.
Mr. Murphy stated they will be considered under the current zoning
ordinance.
Vice Mayor Wright stated that this is meant to streamline regulations and
make the process more predictable as there will be more by -right and
administrative process as opposed to a ministerial process with review by
legislative bodies. He stated if you meet the standards as outlined in form based
code and follow your site plan, no public hearings are required. Further, he
stated this has value for the community because they have predictability as to
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COUNCIL MEETING February 23, 2011
what the look and feel of the community will ultimately be. He stated
redevelopment will help the town meet its storm water regulations. He stated
there is still a lot of work to be done since this is a by -right process, all the means
with which to consider and process the application in a timely manner need to be
in place.
Council Member Reid questioned whether there are any applications in
this area currently.
Mr. Murphy stated there is a current application in the area and anyone
under review until March 1, 2012 will come in under the current regulations.
Council Member Reid stated since adoption does not take place until one
year from now people will try to beat the code and come in with their proposals
under existing zoning before form based code goes into effect. After the Code is
effective, he predicted applicants will come to Council to ask for changes and
exceptions and all this will not amount to a "hill of beans He stated he cannot
support additional staff time or money be spent on implementation.
Council Member Dunn stated he probably had greater hopes than most
people as this would have given the town the opportunity to make decisions on
how Leesburg would look in the future, but unfortunately, since this was looked
at as a loss of control, the reins kept getting drawn in. He expressed dismay that
the leadership of these committees kept pushing this to a concern over loss of
regulatory control rather than looking at the possibility to have design standards
outside the historic district. He commended the citizens for their involvement,
but stated this has become an academic study and a project that staff could work
on. Further, he stated this has been a waste of time and money.
Mayor Umstattd stated it is not a surprise, but she would not be voting for
this tonight. She stated this is intense density packing of about a 500% increase
in an area adjacent to the historic district is anticipated to and will consume what
remains of the town's unallocated water and sewer capacity. She stated an
expansion of the town's utility plants will be required to handle this additional
density. Further, she stated that staff has not been able to judge what the impact
on traffic will be from the increase in density. She stated she admires the effort
put forth on this, but cannot support it for those reasons.
Council Member Butler stated he appreciates everyone's work on this
project and supports it because he feels it is positive for the town. He stated he
does not feel this will encourage development or discourage development as it is
just a different kind of zoning and the Town gets to have input on design criteria.
Further, he stated more importantly it will create a common streetscape so the
area will look more like downtown and less suburban. He stated that infill is
more economically and environmentally positive than sprawl and the developers
get a shorter, more predictable process without a governing body involved in the
process. He expressed a desire to expand the district.
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COUNCIL MEETING February 23, 2011
The motion to approve the ordinance passed by the following vote:
Aye: Butler, Hammler, Martinez, and Wright
Nay: Dunn, Reid and Mayor Umstattd
Vote: 4 -3
On a motion by Vice Mayor Wright, seconded by Council Member
Butler, the following was proposed:
RESOLUTION
To Initiate Amendments to the Design and Construction Standards
Manual, the Subdivision and Land Development Regulations, the Zoning
Ordinance and the Official Zoning Map and updates to Master Plans to
Implement the Crescent Form -Based Zoning District, and to Consider the
Entire Crescent District Master Plan Area for Inclusion in the Crescent
Form Based Zoning District
Ms. Berry Hill stated this is a compilation of resolutions that were
presented in the agenda packet. She stated that Section I addresses ordinance
changes to the Design and Construction Standards Manual, the Subdivision and
Land Development Regulations and the Zoning Ordinance that will need to be
made so that those ordinances comply with Form Based Code. She stated
Section II address the H -1 and H -2 changes that will need to be made and Section
III addresses updates to long range infrastructure documents so that staff can
assess what the impacts will be. Further, she stated Section IV states that these
implementation steps will be completed prior to March 1, 2012 and Section V
and VI require a public hearing and directs the Planning Commission to address
an expansion of the Form Based Code district to be consistent with the Crescent
District boundaries.
Vice Mayor Wright stated this simplifies discussion since the bulk of the
items have to be done to be ready to implement the form based code ordinance.
He stated that Section VI continues the discussion as to whether or not the
district should be expanded. He confirmed that the area to be considered will be
the original Crescent District and nothing would compel the Council to accept
the recommendation of the Planning Commission.
Council Member Butler questioned the language "this specific area and no
smaller area" since it is quite possible that the Planning Commission may want to
recommend something else and questioned whether this language restricts them.
Ms. Irby stated this restricts the Planning Commission from advertising
for a smaller area but they can still give Council a recommendation on the area.
Council Member Butler stated he would like to make a friendly
amendment to take out the March 1, 2012 date in Section IV.
Vice Mayor Wright agreed to the friendly amendment.
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Council Member Hammier stated she supports the resolution that
directors the Planning Commission to develop a new map. She stated the vision
this captures is moving towards a walkable, sustainable, vibrant community
whereas the previous code embraced a 1950s and 1960s vision which brought us
sprawl.
Council Member Reid stated the town has a walkable, sustainable
community called the historic district. He cautioned Council to strike Section VI
and made a motion to table the amendments to a work session.
The motion to table was seconded by Council Member Dunn.
The vote to table failed by the following vote:
Aye: Dunn, Reid and Mayor Umstattd
Nay: Butler, Hammier, Martinez, and Wright
Vote: 3 -4
Council Member Reid stated this area is not suburban sprawl, but is more
of a brown field. He encouraged staff to let Council know who is trying to beat
the ordinance. He thanked everyone for their work on this.
Council Member Dunn stated this is a lot of code changes in a small area,
but they could have done a very few code changes in a larger area, which is what
he was trying to support. He stated so much work and effort are going to have to
go into this and the only thing that could have come out of it was a way to
govern the H -2, but now it will not. He stated he would prefer the review
authority for the H -2 to be with the Planning Commission and not the Board of
Architectural Review.
Mayor Umstattd stated she is troubled by the provision that proposes to
extend the area to a much larger area where there are property and business
owners that do not want this legislation.
Vice Mayor Wright stated he appreciates everyone's concerns and his
ideal district size is smaller than the overall master plan, but based on the process
and comments, it is incumbent upon Council to consider the entire area with a
public process and a final decision. He stated it is time that Council take up the
issue of form based code in the H -2 as well.
The motion to approve the resolution, as amended was approved by the
following vote:
Aye: Butler, Hammier, Martinez, and Wright
Nay: Dunn, Reid and Mayor Umstattd
Vote: 4 -3
14 1 f>age
COUNCIL MEETING February 23, 2011
f. Parking Garage Post Holidays
On a motion by Council Member Butler, seconded by Council Member
Hammler, the following was proposed:
MOTION
I move that the existing Holiday Parking Program, as relates to the
parking garage, be extended to April 29, 2011
Council Member Butler stated he has heard from a number of people that
this has been successful and they like the idea of being able to go downtown and
not have the cumbersome process of being charged to use the garage. He stated
by not passing this, Council will be driving people away from downtown.
Council Member Hammier stated she supports extending this because it is
an open item as Council is working with the downtown merchants towards
design options for preserving parking on King Street.
Vice Mayor Wright stated he would like to get through the budget process
and make a lasting decision instead of a roller coaster ride for the public.
Council Member Reid stated the town will lose money and the program is
mostly being used by employees of businesses and not being used by the shoppers
coming downtown because it is hard to get a space on the first floor after 10 a.m.
He stated this program does not need to be extended.
Council Member Dunn that extending this will cause confusion should
the town decide to charge for the garage. He stated the Holiday Parking Program
was initially started even though there was no hard evidence from anyone that it
actually increased the number of customers, but it was a nice thing to do around
the holidays. He stated people do not come to downtown Leesburg because of
free parking; they come downtown because the stores and restaurants are
worthwhile.
Mayor Umstattd stated she opposes this as this is a town asset that can
bring in revenue, which means there is an additional burden on the taxpayers.
She agreed with the Town Manager's recommendation that the garage could
bring in significant revenue if the town starts charging for nights and weekends.
She stated continuing free parking is not a fiscally prudent way to go even though
she is sympathetic to the difficulty of accessing the garage through the parking
gates. She stated people expect to pay for parking and extending this would be
unfairly shifting the burden onto the backs of the taxpayers.
Council Member Butler stated it could be confusing to start charging now
and possibly change it in a few months.
15 1 age
COUNCIL MEETING February 23, 2011
The motion failed by the following vote:
Aye: Butler, Hammier, and Wright
Nay: Dunn, Martinez, Reid and Mayor Umstattd
Vote: 3 -4
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Parking on King Street
On a motion by Council Member, seconded by Vice Mayor Wright, the
following was proposed:
MOTION 2011 -011
I move to direct staff to develop a design option for Council consideration
to preserve the parking on King Street and that design should also include
a material or products determined to differentiate the parking lanes on the
street visually
Council Member Hammier stated Council has been listening. She stated
as relates to the original vote, she had reached out specifically to make sure she
was listening to the downtown business people to have guidance on the issue.
She stated the more Council has continued to listen, it is critical to move forward
with alternatives that everyone can be vested in.
Council Member Reid stated hopefully the Council will get rid of the
sidewalk widening completely. He stated there will be some streetscaping
involved. Further, he stated he does not believe the mid -block crosswalk is a
good idea. He stated it is too bad the businesses had to come back over and over
to oppose this plan.
Mayor Umstattd stated she is delighted with this motion. She thanked the
majority of Council for listening to the merchants who have spoken in favor of
preserving the parking on King Street. She asked them to stay involved because
other options may still be out there.
Council Member Hammier stated it is important to reemphasize that
Council was struggling to get an answer about a unified representative voice that
could more efficiently come forward to help guide Council and there were several
Council members that said they will not invest one dollar in public funds until
Council had that officially in place. She stated that is clearly part of the challenge
and opportunity; that there are independent businesses that are coming forward
as individual voices, speaking as a collective whole. She stated Council was
trying desperately to have that unified point and was trying to do right by the
downtown.
The motion was approved by the following vote:
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COUNCIL MEETING February 23, 2011
Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 6 -0 -1 (Dunn absent)
b. School Resource Officer Funding
On a motion by Vice Mayor Wright, seconded by Council Member
Martinez, the following was proposed:
MOTION 2011 -012
I move to direct staff to develop a Memorandum of Understanding with
Loudoun County to provide full funding of school resource officers
provided by the Town of Leesburg for Loudoun County Public Schools
within the town limits and transmit to the County for action. Further, I
move to direct staff to bring forth a budget that only shows 30% funding
for school resource officers.
Vice Mayor Wright stated they have tried meeting with the county, being
patient, writing letters, and nothing has proved successful. He stated this is a way
of formalizing the process and will give the town a document that acknowledges
the agreed upon service and the cost. He stated he is hopeful that this will give
the town a mechanism to get to full funding; however, it gives the town a clear
way to state what the service is and what the costs for those services are.
Council Member Hammler stated she has made a motion to amend to
direct staff to bring forth a budget that only shows a 30% funding level based on
this memorandum of understanding. She stated this will back up this
memorandum of understanding with the public documents that the Council is
reviewing in our budget cycle that reflects our funding level that we are
committing to which is 30% given that 70% of the total would be payable to the
town for the School Resource Officer Program.
The motion to amend was seconded by Council Member Reid.
Council Member Butler stated it does not lock the Council in for further
discussion; however, it sends a message to the Board of Supervisors.
Council Member Martinez stated he does not support the amendment.
Vice Mayor Wright expressed his concern over the amendment possibly
affecting negotiations.
Council Member Dunn stated he would like to take it further and state
that barring full funding, the responsibility for School Resource Officers will
revert to the Sheriff's Office.
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The motion to amend was approved by the following vote:
Aye: Butler, Dunn, Hammler and Reid
Nay: Martinez, Wright and Mayor Umstattd
Vote: 4 -3
COUNCIL MEETING February 23, 2011
Council Member Hammler stated that is in essence what the amendment
is achieving.
Mayor Umstattd stated she cannot support the amendment from a public
safety standpoint. She stated she wants to ensure that Leesburg Police officers
are still in the schools and if the town can get the county to pick up more of the
funding, that would be appropriate. She stated the officers are critical in making
sure that the town knows what type of trouble is brewing in the schools and could
spill out into the community.
Council Member Hammler stated the Council needs to communicate very
directly and should Council decide to continue to fund the SROs without county
funding, there are no teeth in the original motion.
Council Member Reid stated that while the lines of communication would
be easier if town officers are used as SROs in the schools located in Leesburg,
communications between the town and county have been very good in the past.
He stated the quality of protection offered by officers in brown uniforms vs.
officers in blue uniforms is not a message that the town needs to send.
Council Member Reid thanked Vice Mayor Wright for bringing this
forward as Council has tried virtually everything. He stated he does not feel the
amendment will tie Council's hands.
Council Member Butler stated the SROs are a small, but clear piece of the
double taxation that is about 9 cents on the tax rate.
Vice Mayor Wright stated his hope that this will frame a healthy
conversation with the county and ultimately get the town full funding. He stated
in the past, the county has been in difficult budget years and the town has gotten
acknowledgement that its SRO program is very efficient and it makes sense to
have our officers in the schools.
15. CLOSED SESSION
a. None.
The original motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING February 23, 2011
16. COUNCIL COMMENTS
Council Member Dunn stated Barbara Roberts has been working hard with a
number of people to gather signatures for a referendum changing the election date in
Leesburg from May of even years to November of even years. He stated she has
submitted more than enough signatures to the Board of Elections for that referendum to
go forward. Further, he stated there has been overwhelming support from those asked to
sign the petition. He stated he will be bringing the subject back to Council to allow
Council the opportunity to initiate the public hearing process and keep the citizenry
from having to go through the alternative referendum, as provided by the state. He
stated it would be a better message to the community that the Council actually moves
forward and adopts this as a resolution to change the election.
Council Member Reid stated he attended the opening of the Loudoun Hounds
minor league baseball team which was attended by over 9,000 people. He disclosed a
meeting with Landmark Commercial and Walsh Colucci regarding the Courthouse
Square project on the Times Mirror property. He stated he also had a phone
conversation with Bob White of Landmark Commercial in follow -up. He reminded
Council to attend the March 1 and 3 meetings at Cool Spring Elementary regarding the
county's plans to expand the adult and juvenile detention centers and possibly open up
Kincaid Boulevard to Crosstrail Boulevard. He questioned why Supervisor Burk is
suggesting a citizen's committee when the county should be putting the road money
into Sycolin Road, unless the traffic study shows some measurable relief on Sycolin,
Battlefield and Tavistock Drive. He discussed the new Maryland Inter County
Connector. He suggested that Virginia use a similar bridge design when designing the
Sycolin Road overpass. He stated he is hopeful and praying that nothing will defeat the
Governor's road bill.
Vice Mayor Wright disclosed a few phone calls with representatives from Walsh
Colucci regarding the Courthouse Square project.
Council Member Martinez commented in the Virginia Town and City Magazine
there is an article about trenchless piping involving the Leesburg utilities department.
Council Member Hammler stated she is looking forward to the 7 p.m. meeting at
Lightfoot to continue the discussion about the downtown with the Downtown
Improvement Association (DIA). She stated she received the announcement from the
Journey Through Hallowed Ground announcement at Oatlands with the Secretary of
Transportation. She thanked Cate, Beth and Kara at the Journey Through Hallowed
Ground for helping her daughter come up with a great idea for her pre -AP History term
paper about women in the Civil War and some unique things that had not yet been
discovered that they had discovered. Further, she added that Alexandra, from Balch
Library was helpful as well allowing Katherine to borrow some books.
Council Member Butler disclosed a meeting with Landmark Commercial and
Walsh Colucci regarding Courthouse Square. He stated while he echoes Council
Member Reid's enthusiasm for the transportation projects that appear to be coming out
of Richmond, he is concerned that by borrowing such a large amount of money the debt
19 1 Page
COUNCIL MEETING February 23, 2011
service and the maintenance on the roads will end up eroding the local aid that comes
from Richmond. He stated he sent Council a picture of an animal waste station he saw
in another city which he suggested placing around the downtown to help pet owners
alleviate the problem of pet waste. He stated his wife, Pam, is auditioning to sing the
National Anthem at one of the Washington Nationals games.
17. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with Peter Arundel, Bob White of
Landmark Commercial, and Randy Minchew regarding the proposed redevelopment of
the Loudoun Times Mirror site. She also disclosed a meeting with representatives of the
Village at Leesburg regarding their plans to reconfigure the outlying properties around
their development. She thanked Balch Library for putting on a really good documentary
on the End of Massive Resistance, which was extremely well attended. She thanked the
members of the I Have a Dream Committee for joining Council Members Martinez and
Butler and herself at the dedication of the Martin Luther King Memorial stones project.
18. MANAGER'S COMMENTS
None.
19. CLOSED SESSION
None.
20. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the
meeting was adjourned at 10:47 p.m.
ATTEST
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f
Clerk
2011_tcmin0223
C. mstattd, Mayor
Town of Leesburg
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