HomeMy Public PortalAbout2011_tcmin0712COUNCIL MEETING July 12, 2011
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Thomas Dunn, II, Fernando "Marty"
Martinez, Katie Sheldon Hammier, Kenneth "Ken" Reid, and Mayor Umstattd.
Council Members Absent: Vice Mayor Wright. Council Member Reid arrived at 7:32
p.m., Council Member Martinez arrived at 7:35 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Public Works Tom Mason, Deputy Director of Planning and Zoning Brian Boucher,
Zoning Administrator Chris Murphy and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Dunn
3. SALUTE TO THE FLAG: Mayor Umstattd
4. ROLL CALL: Showing Vice Mayor Wright absent. Council Member Reid
arriving at 7:32 p.m., Council Member Martinez arriving at 7:35 p.m.
5. MINUTES
a. Regular Session Minutes of June 14, 2011
On a motion by Council Member Butler, seconded by Council Member
Hammier, the minutes of the June 14 regular session were approved 4 -0 -3 (Reid,
Martinez and Wright absent).
6. ADOPTING THE MEETING AGENDA
On a motion by Council Member Butler, seconded by Council Member Dunn,
the meeting agenda was approved as presented by the following vote:
Aye: Butler, Dunn, Hammier, Reid, and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Martinez and Wright absent)
7. PRESENTATIONS
a. Certificate of Appreciation James Waters, Retiree
On a motion by Council Member Reid, seconded by Council Member
Dunn, James Waters was presented with a Certificate of Appreciation for his
service to the Town of Leesburg.
b. Certificate of Appreciation Patricia Elston, Retiree
On a motion by Council Member Reid, seconded by Council Member
Dunn, Patricia Elston was presented with a Certificate of Appreciation for his
service to the Town of Leesburg.
c. Certificate of Appreciation Bruni Haydl, Retiree
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COUNCIL MEETING July 12, 2011
On a motion by Council Member Reid, seconded by Council Member
Dunn, Bruni Haydl was presented with a Certificate of Appreciation for his
service to the Town of Leesburg.
d. Certificate of Appreciation Charles Welsh, Retiree
On a motion by Council Member Reid, seconded by Council Member
Dunn, Charles Welsh was presented with a Certificate of Appreciation for his
service to the Town of Leesburg.
e. Certificate of Appreciation Raymond Waters, Retiree
On a motion by Council Member Reid, seconded by Council Member
Dunn, Raymond Waters was presented with a Certificate of Appreciation for his
service to the Town of Leesburg.
f. Certificates of Recognition 2011 Independence Day Parade Winners
On a motion by Council Member Reid, seconded by Council Member
Dunn, Certificates were awarded to the following winners of the 2011
Independence Day parade categories:
Mommy Me Pet Care /Sponsored Pet Connect Rescue
INOVA Loudoun Medical Campus
The Celtic Rhythm School of Dance
Olivera Music Entertainment
Prospect Patriots
Lindsay's Salon
Northwest Federal Credit Union
8. PETITIONERS
The petitioner's section was opened at 7:44 p.m.
There were no Petitioner's wishing to address Council.
The petitioner's section was closed at 7:45 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Butler, seconded by Council Member Reid, the
following items were moved for approval as part of the Consent Agenda:
a. FY 2012 Budget JAG Appropriation for Tactical Cameras
RESOLUTION 2011 090
FY 2012 Budget JAG Appropriation for Tactical Cameras
b. Authorizing an Agreement and Approving a Performance Guarantee and
Water and Sewer Permits for PMW Farms, Section 4
RESOLUTION 2011 -091
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Authorizing an Agreement and Approving a Performance Guarantee and
Water and Sewer Extension Permits for PMW Farms, Section 4
c. Awarding a Purchase Contract for Three Single Axle Dump Trucks for
the Public Works Department in the General Fund in the Amount of $285,360
RESOLUTION 2011 -092
Awarding a Purchase Contract for Three Single Axle Dump Trucks for
the Public Works Department in the General Fund in the Amount of
$285,360
d. Creation of a Board of Advisors for the Mason Enterprise Center
MOTION 2011 -021
Whereas, according to the Memorandum of Agreement Between the
Town of Leesburg and George Mason University and the partnerships
among the County of Loudoun, the Town of Leesburg, and George
Mason University, be it therefore resolved that a Board of Advisors be
created to Provide the Strategic Direction and Sustainable Motion of the
Mason Enterprise Center Leesburg
e. Approving an Administrative Settlement Request for Property Adjacent to
the Leesburg Executive Airport
MOTION 2011 -022
That Town Council authorize the Town Manager to request an
"Administrative Settlement Request" for approval from the Federal
Aviation Administration (FAA) and the Virginia Department of Aviation
(VDOA) with respect to a land acquisition to secure an "object free zone"
in order to comply with Federal and State regulations
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Wright absent)
10. RESOLUTIONS (REMOVED FROM CONSENT)
a. FY2012 Annual Program for Street Milling, Resurfacing, Concrete
Repairs and Handicap Ramp Installations
On a motion by Council Member Reid, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2011 -092
FY 2012 Annual Program for Street Milling, Resurfacing, Concrete
Repairs and Handicap Ramp Installation
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same?
Reid: John, I want to recap, is this less than last year, or is it about the
Wells: The authorization is actually for $750,000 which is what the final
amount authorized was last year. The $850,000 identifies the roads that should
additional funding be available, and I come back to Council and Council
approves that additional funding, that would occur at a later time. The Fall
program, and looking to Mr. Mason to make sure I am saying this correctly, the
$750,000 is what you are authorizing to actually do given the funding that we
have in the budget.
Mason: In this year's budget, the Council authorized $750,000 for milling
and paving, which is less than last year's milling and paving.
Reid: Which was how much?
Mason: $800,000.
Wells: I think we came back.... That's actually correct. We came back
and added in the additional funding. The $750 was what we had cut back to and
then given the storms and road conditions last year, Council did a supplemental
appropriation, added that amount. The $750 was part of the initiative that we
identified that should conditions warrant, need, to add the extra money and the
money was available, we would come back. So this was actually a budget
reduction strategy as part of the budget. So, short answer is this is less than last
year as what was budgeted in terms of final authorization.
repair.
Mason: The $844,000 is the milling and paving money plus the concrete
Reid: Yes. How much of that is VDOT money?
Mason: All of it. We get about 2.8 million from VDOT each year. We
spend over 3.5 million on eligible road system operations so, we always spend
substantially more than we get from the state.
Reid: Tuscarora Drive... isn't that in Edwards Landing?
Mason: That's in Greenway Farms.
Reid: An Tolbert Lane is cul- de- sac'd. Does it really require to be paved?
Mason: Yes, sir, it does.
Reid: It's mostly Freedom Park traffic.
Mason: The heavy use in and out of the park contributes to most of that.
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Reid: Now, you mentioned that this is all VDOT. I was talking to the
transportation secretary at a conference... they are reevaluating the maintenance
program. I think that means town's streets and so forth. Are you aware of what
they are doing?
Mason: They haven't given me any details. I do know that when they
issued the lane mile payments for FY12, they are four percent greater than they
were last year, which amounts to about an additional $100,000 that we did not
expect from VDOT that can be added to the public works budget if the Council
wanted to try to pave a few more roads this year.
Reid: Well, I'm going to support this tonight. I have generally been a
skeptic of how much we spend. I just find it interesting... I am sure my
colleagues are going to support this tonight unless there are other questions. I
just find it interesting when staff is okay with a cut, Council will approve it, but
four council members, as we did two year ago cut it and we get this business that
we are not maintaining our roads properly. I have certainly been criticized, at
least on one block, about it. But, I just wanted to ask these questions and I am
okay with this, but I do hope as we scrutinize payments, as you mentioned last
night, Mayor, that our capital budget, that we will also continue to scrutinize
these. I think some of these could wait but I don't think I'll get the votes for
that. Thank you.
Butler: I don't have an actual question, but a comment. I got some
feedback from a couple of citizens for a street in the northwest, and I don't
remember what the street is, but what I would like to do is over the next two
weeks, I'll find out which street it is and I'd like to email you and have you let me
know what it's score was so we can find out if it is right on the edge of maybe
getting paved and if that is the case, maybe we can bring it up to Council to see if
we want to take any action or if it's not in the plan to be paved, I at least want to
get back to the residents either way and let them know.
Mason: I'd be glad to do that.
Dunn: I would just... the questions I had written down were again, what
was the budget for last year and as I recall though, you mentioning that it was
raised by $50,000. I think the difference was more like $130 to $180,000 was
that last amount that you requested about two weeks before the new budget was
about ready to take place.
Mason: Last year was 11.
Dunn: I'm talking about a calendar year.
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Mason: As far as the amount in the current budget, this is the amount
that the town manager recommended to you when he presented the budget,
$750,000.
Dunn: Okay, and I know that we had cut it by... I think about 180. Do
you remember what that was?
Mason: The prior year, it was cut by 180. You put that aside. We had an
extremely bad winter. That was the year that the back to back blizzards hit and
Edwards Ferry Road developed some horrible conditions. The Council
authorized those funds to be spent to repair Edwards Ferry.
Dunn: Again, that was done just two weeks before the next budget cycle
was going to take place and those repairs did not happen in the old budget cycle.
They might have been appropriated in the old budget cycle, but I think we could
have made it through to the next two weeks. Anyway, it is interesting that we are
able to now to cut the budget down to a level that I know for myself I have been
preaching a lower amount being spend on milling and paving for however long I
have been here. It is good to see that this is finally happening but I do support
this.
Reid: VDOT is going to reevaluate this. Phil Shucet who is the VDOT
secretary... VDOT administrator under Mark Warner, gave a presentation two
years ago about the amount of money that the state spends on resurfacing and so
forth. I think the transportation secretary is going to take him up on a proposal
basically to take money out of maintenance and put it into construction. I don't
know if it is going to be exactly that way. I just want to put my colleagues and
Mr. Mason on alert that we could be seeing less money coming out of the state
for this kind of stuff, but it doesn't mean that we are against improving our roads.
Improving roads also means guardrails, safety features and also new capacity. I
just wanted to make that clear. I am happy to support this, but again, I think that
it is one of those things that is good to scrutinize each year. As Mr. Butler noted,
there is a street in the northwest that wants it and I think that we should
accommodate them.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Wright absent)
11. PUBLIC HEARINGS
a. Zoning Ordinance Amendment TLOA 2011 -0002 Crematoriums as
Accessory Uses
The public hearing was opened at 7:58 p.m.
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Reid: For personal and religious reasons, I would like to recuse myself
from this hearing. I usually have a pretty strong stomach, but this is one item
that I don't want to participate in. If you will call me when it's over.
Chris Murphy: I am here this evening to present the staff report for
TLOA 2011 -0002, zoning text amendment adding crematorium as an accessory
use for a funeral home in the B -1, B -2 and B -3 districts. At issue this evening,
should the zoning ordinance be amended to add crematorium as a permissible
accessory use to a funeral home within the B -1, B -2 and B -3 districts and if so, by
right, with minimum use standards, or by special exception? This amendment
comes to you from the planning commission with a recommendation of approval
of the amendment approving crematoriums as an accessory use to a funeral home
when approved by a special exception. That comes to you with a vote of 6 -0 -1,
that one being absent. Staff following with the planning commission is also
recommending approval by special exception. Some background how we got
here. The town has been approached by a funeral home operator interested in
adding a crematorium to an existing funeral home in town. As a result of factors
such as education, getting more widespread acceptance among religious groups,
environmental concerns and cost, cremation is seeing an upswing in popularity of
a preferred method of disposition of deceased nationally. One statistic I have
come across in my research is that right now 30% of all funerals in the United
States involve cremation. The zoning ordinance currently does not specifically
include crematoriums as a permissible use in any zoning district. The previous
zoning administrator wrote a determination that the crematorium was not
permitted by the current zoning ordinance used for regulations; therefore, in
order to allow a crematorium, the use must be added to the zoning ordinance and
thus here we are this evening. So, on March 8, town council initiated the zoning
ordinance that brings us here this evening. When you sent it to the planning
commission, you sent it with the express determination for the planning
commission was can that use be permitted and if it is permitted, is it by special
exception or by right with specific use standards. Of course, as I iterated before,
the planning commission brings this to you with a recommendation of approval
by special exception. So, the key question that the council needs to consider and
also just to note that the council can make its own analysis, it's own
determination on this matter.... So the key question you want to consider is
whether the use should be permitted by right or by special exception. What
potential impacts could the use have on adjacent properties within the district due
to its nature, design or location. If it can be determined that the use will have no
adverse impacts or minimal potential for adverse impacts if permitted or the use
is consistent with the character of the uses already existing and permitted in the
district, then it is safe to permit the use by right. If the nature of the use gives
cause for concern by its potential for adverse impacts on adjacent uses, but those
impacts could be mitigated with discretioned review and specific conditions on a
case by case basis, then the use may be added by special exception. If, however,
the analysis proves that there are no measures available to mitigate potential
impacts or the nature of the use is completely out of character with the existing or
committed uses within a district, then it is appropriate and not in this case to
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recommend, but to not approve the ordinance that is before you this evening. So,
currently funeral homes are permitted by right in the B -2 district and by special
exception in the B -1 and B -3 districts and there are no specific use standards
applicable to funeral home uses in the zoning ordinance. Another thing that the
Council will want to consider as part of this analysis are there any extra
jurisdictional regulations that would also protect the health, safety, welfare of the
community? In the case of a crematorium, we do. We have permits through the
Virginia Department of Environmental Quality and they are enforcing federal
regulations and we also have Loudoun county building permits requirements. In
the case of the DEQ, they are in charge of regulating incinerators for the Federal
Clean Air Act ambient air quality standards. This is done through the air
pollution control permit known as the air permit. DEQ has produced a
boilerplate of minimum standards for issuance of an air permit, but has the
authority to impose additional conditions in order to mitigate potential impacts
specific to a particular site. That boilerplate was provided to you as attachment
in the staff report dated July 12. In the case of Loudoun County, any time you
have the installation of equipment requiring new plumbing, fuel, electrical, etc.,
this requires a building permit from the county. Since the crematorium will
utilize one form of the liquefied petroleum fuel, building permit regulations
following the national fire protection associations liquefied petroleum gas code,
NFPA58 are required to ensure safe installation, operation and maintenance of
the crematorium's fuel source. In the case of the crematorium, we have the
DEQ... the federal and state regulations through the DEQ permit and Loudoun
County's enforcement of the industry standard, NFPA58 as additional
protections to the community health, safety, welfare. Also, what we looked to
give you some guidance are what adjacent jurisdictions are doing. Staff looked at
Middleburg, Loudoun County, Herndon, Fairfax County, Arlington County,
Manassas and Winchester. What we found is that Herndon, Winchester, Fairfax
County and Loudoun County permit crematoriums by right within certain
districts and with use standards. Arlington County permits crematoriums by
special exception. Manassas excludes crematoriums specifically and Middleburg,
like us, has no provisions for crematorium. I was also able to obtain information
from DEQ on its air permits in this proximity. Note that Loudoun County and
Leesburg are in the DEQ northern region. The northern region is comprised of
14 counties and six cities. Within that 14 county /six city northern region, there
are 23 active air permits for crematoriums. The usual suspects that we look at
when looking at zoning ordinance amendments, Alexandria City has two
crematoriums, Arlington has one, Fairfax County has nine with one of those
being in Herndon, and one or two is in Fairfax City. I wasn't quite sure where
the jurisdiction fell when I did my research on this. The information wasn't
exactly clear on the location. Fauquier county has two, Prince William county
has three and Loudoun, though it permits them by right, has zero. Note that
these permits are a mix of human and animal facilities, they are in attached and
detached buildings and they are located in residential, commercial and industrial
districts. Here is an example of a human crematory. If the unit... the unit that I
am showing here is produced by D &L Cremation systems from Largo, Florida.
It measures 12.5 feet long, 5.5 feet wide, and 7 feet in height. So basically, it is
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about the size of a car. It runs on natural gas or propane gas. It constantly
monitors static gases to prevent visible emissions and automatically adjusts itself
to maintain clean emissions. When I was speaking with the DEQ air permit
enforcement agent, she mentioned to me that the levels of emissions from the
modern crematory units here like this one are cleaner than gas stations and dry
cleaners, so that's a pretty interesting fact that I learned from her. So, again, staff
would want to reiterate that this comes to you with a recommendation from staff
following the planning commission's recommendation that this be approved as
accessory uses to a funeral home when approved by special exception.
Attachment six to the staff report is a draft ordinance for the special exception
approval. If, however, Council finds extra jurisdictional or regulatory
requirements are adequate to protect the health, safety, welfare of the town and
based on the findings that the regulatory requirements associated with the
installation of the crematorium through the Virginia DEQ and Loudoun County
stringently regulates air pollution and provision and operation of fuel source, the
only anticipated impacts for the town to mitigate are associated with visibility
and placement of any outdoor fuel storage facilities. The mitigation of visibility
and placement impacts can be adequately addressed by minimum use standards
as part of a by -right review and you can approve it by right. Attachment five is a
draft ordinance of a by -right approval is provided for you also with the staff
report.
There were no speakers wishing to address Council for this public hearing.
The public hearing was closed at 8:11 p.m.
On a motion by Council Member Butler, seconded by Council Member
Hammier, the following was proposed:
ORDINANCE 2011 -0 -017
Amending the Leesburg Zoning Ordinance to Permit a Crematorium as
an Accessory Use to a Funeral Home in the B -1 Community (Downtown)
Business, the B -2 Established Corridor Commercial and the B -3
Community Retail /Commercial Zoning Districts
Butler: Moved as recommended by the staff and planning commission.
Dunn: I don't generally believe in this process, so I am probably going to
vote no on my personal reasons and looking at the numbers, there doesn't seem
to have been a big need for it in the county... there is none in the county at this
point so I haven't heard anybody crying out for it. I got no emails, no
communications that we needed this. I am going vote no on this.
The motion was approved by the following vote:
Aye: Butler, Hammier and Mayor Umstattd
Nay: Dunn and Martinez
Vote: 3 -2 -1 (Reid abstaining)
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COUNCIL MEETING July 12, 2011
b. License Agreement NTelos
The public hearing was opened at 8:14 p.m.
Tom Mason: This is a public hearing for a license agreement with the
company NTelos to install fiber communications systems through the Town of
Leesburg in mostly public road rights of way. The map you see has got one big,
heavy black line on it. That is the route of their communication line. It varies...
the total length is approximately six miles. Along that route, some of it will be
underground, overhead, through the downtown where it makes a right turn they
will be installing their fiber lines in the existing Verizon conduits. Over on the
bypass, the big line will be using the existing Virginia Power power poles that are
in a private easement. The term of this license is for six years. The applicant,
NTelos, does not have a presentation, but we have with us tonight, Mr.
Thompson, Mr. Morris and Mr. Petty representing NTelos in case you all have
some questions for them. The details of the license are that firstly there will be an
annual fee paid by NTelos to the town each year for the five year period of
$11,454 as a right of way use fee. They will also pay the town a $5000 fee for the
evaluation of the route, coordination and review of the license and other
inspection issues. Other items that are being done by NTelos for the town is they
will provide us with eight fibers along the entire route for use by the town in
connecting to and coordinating our traffic signals with our traffic signal control
system. In addition, they will put eight fibers in between our data center at the
police station and the incubator at 202 Church Street for the connection of those
two facilities at no charge to the town. The details of this are in the license,
which is attached. NTelos has over 5,800 miles of fiber network in other
locations and they are anxious to move forward and begin installing the system in
Leesburg. They will have no customers initially, but they will be paying the right
of way use fee. One final thing, when the town did the capital improvement to
improve South King Street from Fairfax Street to the W &OD bike trail, Council
very deliberately had us include four conduits for use by future fiber. They will
be using one of those conduits so they won't have to dig up the street in that area
and they won't have to put it overhead.
Dunn: I just wanted to confirm that this is entirely underground.
Mason: No sir. It is a combination of overhead and underground.
Dunn: Where will the overhead be? I just want to make sure I am clear
on your map what is what.
Mason: There will be some overhead in this area here and this area here.
A little bit along Market Street and the area along the bypass. Everything else
will be underground. All the aerial will go on existing poles.
Dunn: Where is the inside the bypass... what street is that? Is that about
South Street?
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Mason: They will come across the bypass at Davis Avenue and shortly
past Davis avenue, they will go underground, somewhere along here. It will be
underground all the way from here to the downtown. A little bit of overhead and
all of this will be underground through here.
Dunn: Is that Church Street to the triangle?
Mason: It goes Loudoun Street to the triangle to the Verizon building,
then across Market Street...
Dunn: Hold on Tom, just a second. On Loudoun Street, did you draw a
green line from basically going backwards from the Triangle to what street? Or is
there no green line there? Solid green?
Mason: The only overhead between approximately Davis Avenue and the
Verizon building is right about here. That will all be underground. There is a
little bit of overhead along in front of the Pontiac dealership from roughly the
Verizon building to Catoctin Circle.
Dunn: Do we not have underground capability there?
Mason: It will be underground from the Verizon building to the other side
of the road and then up a pole. They won't be cutting any streets here.
Martinez: I noticed that there are no neighborhoods or houses going to be
impacted by this.
Mason: This will follow a path on arterial collector roads.
Martinez: All right of ways?
Mason: No private property.
Martinez: I appreciate the extra fiber going all over the place. I think
that's great. Is this strictly just a pass through or is it actually going to try to
connect up to places in town?
Mason: It is right now, part of a larger system with an important
connection to the Verizon system.
Martinez: It's going to be distributed through Verizon?
Mason: The intent is that they at one time have the need to develop a
customer base in Leesburg. This initial is just a backbone installation.
There were no speakers wishing to address Council on this public hearing.
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COUNCIL MEETING July 12, 2011
The public hearing was closed at 8:21 p.m.
On a motion by Council Member Reid, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2011 094
Authorizing the Town Manager to Execute a License Agreement between
the Town of Leesburg and NTelos, a "Pass Through"
Telecommunications Carrier
Reid: I was just talking to the town attorney and Mr. Wells that the
additional fiber is very helpful to the town and I am very thankful for this
company for what you have done to make the offer. This is very helpful for our
new incubator and if you want to go all the way around town and discuss other
needs, we will be really glad to talk to you off line.
Martinez: This is not... there is no digging, no road construction because
of the conduits we put in South King Street, there won't be any digging up roads?
Mason: Not in that section. There will be excavation in roads, like along
Edwards Ferry Road. There will be directional drilling, most of this, but they
have to cut holes in order to do that.
Martinez: But there is really no impacts to anything we are doing? It's all
on our right of ways?
Mason: Yes.
Butler: I am just glad we are doing this with all existing infrastructure.
Dunn: I'm glad that you all are going primarily underground. We love to
not see that. I recall the last communications company that was here wanted to
be above ground everywhere and that didn't fly. So, again, thank you for your
efforts and hopefully someday we can get more fiber throughout town... you all
can possibly be a partner with us on that.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Wright absent)
c. Authorizing the Issuance and Sale of Bonds
The public hearing was opened at 8:24 p.m.
Norm Butts: You have before you this evening a resolution authorizing
the sale and issuance, the issuance and sale of general obligation and refunding
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bonds in the amount of, as you mentioned previously, $13.8 million dollars in
new money to complete capital improvements projects that have been approved
by Council previously and to refund and restructure $17.8 million in bonds
currently outstanding. These bonds, as I mentioned, are general obligation bonds
and therefore the full faith and credit of the town is pledged. I would be happy to
answer any questions on the resolution Council might have.
Dunn: I think our work session covered everything.
Reid: Question came up after the Mayor made the comment about
scrutinizing and....
Butts: I am having a hard time.
Reid: I don't think you would want to do that!
July 12, 2011
Reid: I am having a hard time speaking into this, too, I guess. The
Mayor made a mention last night that we are kind of close to our borrowing
limit. I don't know if I said that correctly. I don't want to mistake what you
said. Is the fact that the town is almost near buildout, is that going to be a factor
in our ability to borrow for future projects? What is the general history of
communities as they mature? Do they generally stop spending on their capital...
and it's mostly retrofitting and maintenance or do you find that borrowing and
capital projects keep going on and on and on even as a community reaches build
out?
Butts: I think that once the town reaches build out, you will see the
capital improvements program will diminish in size and in number of projects.
In fact, you have seen that over the past several years. There will always be a
need for refurbishment and rebuilding of infrastructure and so on, so you will
always have capital projects needs and bonding requirements. I would state that
we are nowhere near our limit in terms of bonds under state law. We can issue
up to 10% of our assessed valuation of bonds. It would be something like $600
million.
Butts: I would hasten to add that the limitation comes really in the
practical ability to pay debt service on the bonds. Council has wisely put in place
a fiscal policy that says that debt service on our general obligation debt can not
exceed 15% of general fund expenditures. We are well under that. We are at
about 11 -12% at the current time, so we do have some ability there. But I think
we are in good shape and that the fiscal policies that are in place and the capital
improvements programs that have been approved... we are in fine shape.
Reid: Well, I am going to support it even though I am still very concerned
about the money for the utility fund that is being borrowed because that really
adds to the debt and potentially increases the water and sewer rates. Again, it is
one of those things I don't think I am going to win on because Council has
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committed itself to voting for this. Have we gotten those numbers on what we
are going to save though, John?
Wells: We will have final numbers after the actual sale itself. The
differentiation is the actual rates. We will do a formal report once the sale is
completed.
Reid: When will that be?
Wells: The sale date of the bond issue 7
Butts: The sale date is anticipated to be the 27 of this month.
Reid: Okay... so we can get a... I would kind of like to know what we are
saving. Especially in the utility fund. That is where I have the concern. General
fund... you know... I think the general fund is doing very well. The utility fund
is what concerns me.
Hammler: Just a quick question, Norm. You mentioned last night about
the Build America Bond program. Can you just comment on the current status
of that program. I believe that it expired and what that impact is on Leesburg
and this particular bond issuance.
Butts: The Build America bond program was not extended by Congress
so it is no longer in effect. We do have some outstanding bonds, Build America
bonds. The impact is... I believe it's negligible. The interest rates are still very
favorable in the market and I think we will do very well.
Hammler: The federal government was to some extend subsidizing some
of the bond payments, as far as the future moving forward, that's nothing that's
impactful..
Butts: The Build America bonds were taxable bonds and the difference
between taxable bonds and tax exempt bonds, the interest was reimbursed by the
federal government.
Hammler: Okay. I would just like to echo again some of the key points
from last night's work session which is we are reaching our debt capacity and it is
going to be critically important that we not only scrutinize every future capital
project, but just as importantly continue belt tightening operationally so that we
can find ways to reduce what is a significant amount of money going towards the
debt payment moving forward. But what I do appreciate is another key point
that was made last night which is we as a town do have a plan. And the image
that came to mind was that financial services commercial where the neighbors
asking each other, the guy over the hedge, you know.... What's your number for
retirement and his neighbor says "oh, a gazillion Ours is a defensible number.
We have a plan for paying off this debt and it points to how well managed from a
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budgetary perspective Leesburg continues to be and also reinforces how
important local government is for taxpayers because you actually see where your
tax money is going. Certainly relative to what is happening at the federal level,
which is things are an enormous mess from a debt perspective and it does
certainly... the perception is that the spending is not being properly scrutinized
and there is just a great deal of kind of bloated spending so I am very cognizant of
2017 and the pressure on the tax rate, but I know we have some time to continue
to look at that.
Butler: I just want to say this is necessary and good job by staff for
bringing it forward... suggesting it and bringing it forward. I look forward to
maintaining the fiscal responsibility.
There were no speakers wishing to address Council on this public hearing.
The public hearing was closed at 8:32 p.m.
On motion by Council Member Martinez, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2011 -095
Authorizing the Issuance and Sale of up to $13.8 million in "new money"
and $17.8 million in "refunding" bonds
Hammler: This has been a defensible process as relates to all the decisions
made from the upcoming July budget moving forward, so I will be supporting
this.
Reid: It's nice to talk about scrutinizing and it's good for us to do that, but
I find it... I think that sometimes elected officials are afraid to go against staff
recommendations. If you want to re- evaluate this lower Sycolin Conveyance
system that is at least 3 -4 million dollars, potentially 15, let's do it. That's the one
thing that I am concerned about. There is the outlay for utilities in an area where
we are not sure yet we are going to have growth. There might be growth with the
Petersen project, Crosstrail, whatever they are calling it now. I am just very, very
concerned about putting anymore capital money into utilities expansion unless
we have to meet regulatory upgrades for EPA and DEQ purposes. So, bring it
on.
Mayor: I appreciate very much Katie's comments. One of the things that
we heard from the bond rating agencies, I think the Council knows is how
impressed they are that Leesburg has a multi -year plan and that the Council
appears to be dedicated to sticking with that plan, limiting spending on additional
capital projects being part of that, wisely managing capital assets, wisely
managing the budget... and that I think is what postures us in a very good
position for high bond ratings. I know that Council is dedicated and I felt very
comfortable telling the three bond rating agencies that I felt the Council was very
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COUNCIL MEETING
fiscally prudent and very much dedicated to sticking with the multi -year plan and
not just willy -nilly adding new projects on that weren't part of the plan. So, I
think it is a good sign for the town and for the fiscal health of the town. I know
we will all be working to try to limit our spending so that we don't have to face
any tax rate increases three to five years out.
12. ORDINANCES
a. None
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, and Mayor Umstattd
Nay: None
Vote: 6 -0 -1 (Wright absent)
13. RESOLUTIONS AND MOTIONS
a. None
14. UNFINISHED BUSINESS
a. None
15. NEW BUSINESS
a. None
July 12, 2011
16. COUNCIL COMMENTS
Council Member Dunn: We are entering into 150 years, I don't always like to
say the sesquicentennial, because I think that's the anniversary of Sasquatch or
something... but anyway, the 150 year anniversary of the Civil War. It was three
months ago, 150 years ago that the shots were first fired at Sumter. In just another
week, we will be remembering the first major land battle, which happened just a few
miles south of our town and in fact many of our young men then, one of the main units
that was here from Loudoun County was the 8 Virginia. Six companies were recruited
in Loudoun County including one in Leesburg. There were also men in that regimen
from Fauquier County, Prince William County and Fairfax County. Just as it is today,
our county is very prosperous and those men were doing very well. In fact, Loudoun
County was one of the top producing corn counties in the state. When the men were
traveling south and approached the plains of Manassas, their wagon train, was thought
to be that of a brigade, four times the size of what it should have been. So, they were
traveling pretty heavy and carrying a lot of things. Well, they learned four years later
definitely how to travel light. Over 1270 men served in the 8 Virginia. Only three of
those men... 11 men surrendered at Appamatox. Three of them were at the beginning
of the war, so it took a tremendous toll. I think that as we go through remembering the
Civil War we focus a lot on the big names, the battles. I think it is important for us to, as
we do today, remember the individual troops and even more important to remember
those that are often forgotten in our histories and that's the families at home. To read
some of the letters of the day was... it would be amazing that these troops were able to
stay with the armies when all the problems at home were being talked to them from their
spouses and girlfriends and so forth. Just one last thing to share, is that at the Battle of
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COUNCIL MEETING
Manassas, there was a gentleman who's family was... their farm was on part of the
battlefield and their last name was McLean. He... after the battle moved his family to
Appamatox and he said that the war began in my yard and ended in my parlour because
it was his house that Lee surrendered to Grant. Hopefully, as we remember this... I
hope to take this time to share a little history with you as we go along.
Council Member Reid: I attended the mark up, if you will, of the Governor's
Lyme Disease Task Force at the government center. Delegate Tom Rust and I, I believe
might have been the only elected officials present during much of it. One of the
recommendations of the task force is to promote the use of four -post deer feeders, which
essentially provides food for deer and there is an insecticide on there that the deer rub
against and they can essentially kill the ticks. Interesting, but apparently it is against
some current law or something like that. I don't know why we haven't gotten a memo
yet, but I really would like to see what the town needs to do if anything at Izaak Walton
Park, Ida Lee perhaps at least in the wooded areas. It is just really, really tragic to meet
people who have this disease or have a relative or a friend who is suffering with it. It
was very good that the task force met here in Loudoun County because we are ground
zero for this disease. The report will finally be out in the next week or so. I think we all
have to do our part to do something about this. Here in Leesburg, really actually the
bigger problem is in the rural areas of the county, but I think that we probably have folks
that might contract ticks... somebody said they got a tick at Ida Lee... at least that's
what they thought they did so... I also attended the tour of the incubator. Joanna Costin
knows how to build a building and make it look historic and fit right into the
architecture of the community. She did a marvelous job, just like she did with her
building on Wirt Street, N.W. If you haven't seen it, you would not know that it is not a
historic building. She is a magnificent developer. The inside and interior, I cannot wait
to see it thriving with new businesses. I also attended the second Mt. Olive Baptist
Church... is it revival or talent show?
Mayor: It was an evening of Christian entertainment.
July 12, 2011
Reid: Good. Good, where we got to see Reverend Reginald Early sing and he
did a great job. I actually took video of it. I don't know if I am going to post it on
Facebook or not, but I think they have better video. The opening act, this gal Ashley
Williams was unbelieveable. I told some of the people at the show, it this girl doesn't try
out for American Idol or America's Got Talent, I don't know what is holding her back.
She was unbelieveable. Some of the other acts were unbelieveable too. Finally, I really
enjoyed the July 4 parade. Of course, I missed most of this. I was in the back with my
own contingency with all of those politicians that some people write letters about for
mucking up the parade. I don't know if you saw the letter in Leesburg Today. I didn't
have a chance to see most of it. I want to thank Mrs. Wells for giving me my T- shirt.
That was nice of her, John. Finally, I attended a yard sale like no other yard sale I have
ever attended. This was a yard sale not like others were people are just trying to get rid
of stuff and maybe raise money for the PTA. This was a yard sale where all these
families basically on Smart's Lane in Potomac Station were essentially selling stuff to
survive. I met a couple there that are moving to Vermont because they can't afford to
live here anymore. They have a medical situation where the husband has to be very
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July 12, 2011
close to the hospital with neurological care and we don't have that... believe it or not,
we don't have that very close by in Northern Virginia. You have to go to Charlottesville
or Johns Hopkins if you have central nervous system issue. Another couple, the parents
moved in with the lady who does title work because they don't have a place to live.
Another couple, husband is out of work and can't find a job. It goes on and on. People
were basically selling stuff not only just to move out, but to survive. So, even though we
are in supposedly the richest county in this country, or one of the richest, there are still
numerous people in this county that need help. They need jobs and they really need...
that's the most important thing that we can do. I believe that we are doing that in the
town of Leesburg. Village of Leesburg I believe is what, about 300 jobs... 500 jobs,
something like that?
Mayor: That's Wegman's alone.
Reid: That's Wegman's alone, Mayor! Excuse me. There is probably another
couple of hundred there. We are doing a very good job in that. I just hope that
somebody does a downtown project, that Waterford Development and Landmark and
others will get kick started in some way and that we will see an improved economy.
That's what I think our highest priority should be.
Council Member Martinez: I was at King Street Coffee. I go there every once in
a while for coffee in the morning. I met some new residents, people who are planning to
move out here from Cleveland and they had been going all over Ashburn and they love
Leesburg. I told them about the double taxation. I told them about all the other stuff,
and they still didn't care. They still said it's a bargain coming from the taxes they pay in
Cleveland. They are pretty excited about moving out here and they like Exeter. So,
they may be neighbors soon. Let's keep our fingers crossed that we get two more people
moving into the area. July 4` Independence Day, fantastic parade. I want to shout out
to all my Bellview Court neighbors that came out and the kids. We are already planning
bigger and better things for next year. That was absolutely fantastic. Don't forget the
Little League State tournament for 12U is coming at the end of the month and this is a
preview of teams that may be going to Williamsport for the World Series of Little
League. This is a very important tournament for the state of Virginia. We are really
looking forward to having them here. Also, I subbed for Katie on the Technology
Commission meeting and so I get to present this instead of her because Jim Wynn gave
me this He got this from a community that he went and visited in Pennsylvania.
Essentially, what it is is a July 4th book that talks about all the things going on in the
area, especially the Town of Leesburg pictures and stuff. He said the thing is, this is
something the town can make money off because there are a lot of ads they sold in it.
I'm thinking if we can get half the politicians that walk in the parade to buy ad space, we
can make some bucks. But anyway, what I wanted to do was give this to John and have
him and Rich think about this and if there is some way we could sell advertising space.
What is really nice about it is, he brought it back with him and it shows pictures of the
town and people in the town and things that are going on... it's great just to have.
Anyway, Jim I did what you asked and hopefully we can get something like this for our
next parade.
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Council Member Hammler: First of all, I am wondering if the folks you were
referring to had kids, then we would be at least tied for number one for the town and we
could actually recount from the census and go forward as we are number one in terms of
biggest town.
Martinez: They do have a 13- year -old they are bringing with them.
Hammler: The first thing I was going to formally say, was Marty thank you so
much. I appreciated your stepping up to the plate when I sent out a call for someone to
please subbing for me a couple of times last week... the tech commission and as I
mentioned last night, big thanks to Ken for going to the Friday morning County EDC
meeting and you missed why, Marty already knows, but we got to the Derek Jeter 3000t
hit at the new Yankee Stadium. I don't know how Rich picked the right game and it
was an amazing... I was going to bring my t -shirt but I forgot to grab that on the way
out. The whole thing was just a really fun experience. So, I know you are commenting
on a lot of very weighty topics tonight up and down the dais, but I have to say... I guess
my mother -in -law summed it up when we came back saying, you know I like the small
town heroes, the teachers and police officers. I said, I completely agree, but the amount
of joy and the energy in the stadium was just something to behold. So, with that as well
as just Go USA for the women's soccer team, I just want to wish everyone a good
couple of weeks until we come back again.
Council Member Butler: One, I don't know if anyone has noticed, but it has
been warm out the last couple of days. That storm that came through last night for those
of you who weren't here, we had multiple power outages and blinkages and the
microphones were going crazy and there was all kinds of fun, but we worked through it.
The riveted people... I hope they weren't too disappointed watching at home. The
parade was excellent, but I have to agree with the letter writer that maybe we need to
kick out the politicians or maybe there is too many of them because I kind of noticed
that early in the parade, it seemed like a high percentage of the parade was politicians. I
don't know if that's good or bad... but certainly we have elections every year in Virginia.
Then I went to Dodona Manor for an ice cream social. That was excellent. They were
giving out free tours, so that was great fun. It has been a few years since I have been
here for the fireworks because I usually go back home. My parents have a party every
year. My original home. Hometown. But any case, I had no idea it had grown so
much in size. It's quite an event. There is just... 15- 20,000 people or something
watching fireworks and bands and food stations and all kinds of things. That was all
excellent and I give my hats off to the town staff for the excellent job that they did
coordinating everything. One small item for town staff is I noticed... well tonight I
noticed that there are signs popping up in town, not only political signs popping up in
town, but also popping up in rights of way. I am hoping that the town will be extremely
vigilant in dealing with that kind of blatant lawlessness. A real reason is if one or two
people get away with it, then it is going to encourage other candidates in other races to
do that and we don't need... I don't know.... There is what? 50, 60, 80, 100,000
politicians running this year and doing road spam that's not good for the town. Last,
but not least, while I am jealous as all get out that I was not at Derek Jeter's 3000 hit
game, because it was 2999, 3000, 3001, 3002 and 3003 all in the same game. That was
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Mayor: He was a great MC and Marty was also there in the crowd.
July 12, 2011
inevitable that he would hit it sooner or later. What is not inevitable and is even a bigger
surprise is that at the all -star break, the Pirates are 47 and 43 and the Nats are 45 and 45.
If anybody had bet that as a horse race, they would be very rich to think that both of
those teams were going to be 500 or better. So, good luck to both the teams in the
second half and I would love it if they met in the play offs. The Pirates are only like
what? A game out of first or something like that?
17. MAYOR'S COMMENTS
Mayor Umstattd: Ken had mentioned the evening at Tuscarora High School
sponsored by Second Mount Olive Baptist Church out of Hamilton and it was very.... A
number of churches were involved. First Mount Olive in Leesburg was there.
Providence Baptist Church in Leesburg was there. I also want to thank in addition to
Reverend Mink of Second Mount Olive, I would like to thank Gladys Burke of Leesburg
for all the hard work she did in putting it all together. Yesterday, I think was INOVAs
bricklaying ceremony for it's expanded Cornwall Campus, although it was a very hot
event outside, was a very nice event. Congratulations to INOVA for expanding
healthcare options in Leesburg and Loudoun. Finally, my only comment on the Fourth
of July, is that I hope that you got to see Lady Liberty marching in the parade, wearing
her moustache. She looked an awful lot like our town manager and Betsy Ross, thank
you Jeanette Irby for walking with Lady Liberty. You guys looked just great and I know
the crowd loved you.
Martinez: On that note, I really want to thank you guys for doing that because
you could have chickened out, but you didn't and you gave everybody a great show.
Also, Mayor, Ricky Jasper, Reverend was a great MC.
18. MANAGER'S COMMENTS
Mr. Wells: First, thanks to Jeanette for suggesting the idea of this competition.
It is the gift that keeps giving. I have been spotted out of costume... Oh, aren't you
Lady Liberty? Is second only to the cheese head that I wore. Mike Carroll, when I was
visiting him today reminded me of what a great year I am having between Pie in the
Face, cheese head and Lady Liberty. 2011 is quite a year. Jeanette has reminded me
that our follow -up bet could be even more exciting and entertaining as we get to
December.
The last time the Pirates were this well off in the standings was 1992. My son,
Private Wells, who has been following the Pirates blindly because of his father, reminds
me that the Pirates have not had a winning record since he was 1 and a half. So, he has
a whole closet full of jerseys of players the Pirates have traded and now play for other
teams, so he is cautiously optimistic that this may be the year. That's why I don't want
to say too much, but I appreciate Council Member Hammler's support. More could be
said, but we will reserve those thoughts for later.
More seriously, though. Last thought of the night, in everybody's mailbox is a
copy of the town budget in the medium of your choice. I believe you were all asked
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COUNCIL MEETING July 12, 2011
whether you wanted a disk, a book or to work online. The public can pick up a hard
copy if they would like or they can work on line. There is a link on the town website. If
you asked for a hard copy, it is downstairs and ready to go. What I would just like to
flag for everybody, as we have commented quite often over the last couple of nights
about it. If anybody talks about what is the town's plan, how does it lay out, what does
it look like? Section 4, which includes the six year projections for each of the funds are
listed right there. So, laid out in black and white shows what our bottom line number
should be at the end of the year. It shows what our projections are for revenues. It
shows what our limits are for expenditures. It identifies our capital spending limits. If
we follow the plan, and the economy works as we projected, we have a good plan going
forward. That doesn't mean that we shouldn't still continue, as you have all mentioned
to look for continuing ways to save money. We know we still have some work to do as
we get to 2017. But we will be tracking this fairly closely. I will try to pace myself a
little bit so I don't have everybody just sick of me just talking about budget, which is easy
to get to, but what I will do is on a regular basis, we talked about providing an update to
the Council on your longer list of strategic projects. As part of that, I will do a short
version update of where we are on our plan on a regular basis. There may not be any
headlines from time to time, but it is important we keep it in front of us on a regular
basis. I will certainly commit to doing that over the next seven years.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member
Butler, the meeting was adjourned at 8:57 p.m.
TAT ST /'fl
Clerk of
2011 tcmin0712
Kristen C. Umstattd, Mayor
Town of Leesburg
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