HomeMy Public PortalAbout2015_tcmin0414 COUNCIL MEETING April 14, 2015
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Suzanne Fox, Katie
Sheldon Hammler, Marty Martinez and Mayor Umstattd.
Council Members Absent: All present.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Town
Attorney Barbara Notar, Director of Parks and Recreation Rich Williams, Assistant Town
Manager Scott Parker, Economic Development Director Marantha Edwards, Director of
Utilities Amy Wyks, Director of Capital Projects Renee Lafollette, Director of Planning
and Zoning Susan Berry Hill, Director of Finance and Administrative Services Clark Case,
Chief of Police Joseph Price, Acting Information Technology Manager John Callahan,
Acting Human Resources Manager Annie Carlson, Director of Plan Review Bill Adman,
Director of Public Works Tom Mason, Captain Vanessa Grigsby, Captain Carl Maupin,
Deputy Director of Parks and Recreation Kate Trask, Senior Planner Irish Grandfield,
Management Analyst Lisa Haley, Management Analyst Jason Cournoyer, and Clerk of
Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Fox
3. SALUTE TO THE FLAG: Council Member Dunn
4. ROLL CALL: Showing all members present.
5. MINUTES
a. Work Session Minutes of March 23, 2015
On a motion by Council Member Butler, seconded by Council Member Martinez, the
work session minutes of March 23, 2015 were approved by a vote of 7-0.
b. Regular Session Minutes of March 24, 2015
On a motion by Vice Mayor Burk, seconded by Council Member Hammler, the
regular session minutes of March 24, 2015 were approved by a vote of 7-0.
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Martinez, seconded by Council Member Butler, the
meeting agenda was as presented, by the following vote:
Aye: Butler, Burk, Dunn, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Certificates of Recognition—Flower and Garden Show Founders
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On a motion by Council Member Martinez, seconded by Council Member Butler, a
Certificate of Recognition was presented to members of Leesburg Renaissance, Inc.for their
work founding the Leesburg Flower and Garden Show, which is celebrating its 25th anniversary
this year.
b. Proclamation—Library Week
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proclaimed:
PROCLANDI TION
National Library Week 2015
Unlimited Possibilities @ your library
WHEREAS, libraries help change lives in their communities, campuses and
schools; and
WHEREAS; librarians work to meet the changing needs of their
communities, including providing resources for everyone and bringing services
outside of library walls; and
WHEREAS, libraries and librarians bring together community members to
enrich and shape their communities and address local issues; and
WHEREAS, librarians are trained professionals providing technology
training and access to electronic resources; and
WHEREAS, libraries offer programs to meet community needs, providing
residents with lectures and tours of historical interest and classes and seminars on
local and genealogical research; and
WHEREAS, libraries continuously grow and evolve in how they provide for
the needs of every member in an ever changing community; and
WHEREAS, libraries, librarians, library workers, library volunteers, and
supporters across America are celebrating National Library Week.
NOW, THEREFORE, be it resolved that Council of the Town of Leesburg in
Virginia proclaim National Library Week, April 12-18, 2015. We encourage all
residents to visit the library this week to take advantage of the wonderful library
resources available at your library. Unlimited Possibilities @ your library.
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c. Proclamation—Arbor Day
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proclaimed:
PR OCLPROCLAMATION
ARBOR DAY
April 24, 2015
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board
of Agriculture that a special day should be set aside for the planting of trees; and
WHEREAS, this special day, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska; and
WHEREAS, trees provide many benefits to our community, such as
reducing the erosion of topsoil, moderating temperatures, reducing heating and
cooling costs, cleaning the air and water, and they also produce oxygen and
provide a habitat for wildlife; and
WHEREAS, planting trees and maintaining mature trees in our Town
increases property values, enhances the economic vitality of local businesses, and
beautifies our community, and
WHEREAS, the Town of Leesburg is recognized by the National Arbor
Day Foundation as a Tree City USA community for twenty-six consecutive years
and desires to continue its tree-planting ways.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 24, 2015 as the official Arbor Day of the Town of
Leesburg for 2015.
PROCLAIMED this 14th day of April, 2015.
d. Proclamation—Earth Day
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proclaimed:
PRO CLPROCLAMA. TION
EARTH Day
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April 22, 2015
WHEREAS, the global community now faces extraordinary challenges,
such as global health issues, food and water shortages, and economic struggles; and
WHEREAS, all people, regardless of race, gender, income, or geography,
have a moral right to a healthy, sustainable environment with economic growth;
and
WHEREAS it is understood that the citizens of the global community must
step forward and take action to create a green economy to combat the
aforementioned global challenges; and
WHEREAS, it is necessary to broaden and diversify this global movement
to achieve maximum success; and
WHEREAS, Earth Day is the beginning of a new year for a commitment to
environmental stewardship and sustainability efforts.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 22, 2015 as Earth Day in the Town of Leesburg
for 2015.
AND, BE IT FURTHER PROCLAIMED that the Earth Day @Loudoun
Family Festival on Sunday, April 26, 2015 in Broadlands is an example of the
community's commitment to building a sustainable society.
PROCLAIMED this 14th day of April, 2015.
e. Proclamation—Eagle Scout Ben Francis
On a motion by Council Member Hammier, seconded by Vice Mayor Burk, the
following was proclaimed:
PRO CLPROCLAIVIATION
Ben Francis
on his Attainment of the
Rank of Eagle Scout
WHEREAS, Ben Francis has dedicated himself to a course in life that
demands the highest in moral virtues and the greatest in civic responsibilities; and
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WHEREAS, he has chosen to pursue these virtues through the deep
commitment required to attain the rank of Eagle Scout; and
WHEREAS, Ben is one of a very small number of Americans to attain the
rank of Eagle Scout, thereby distinguishing himself as a rare leader at a young age;
and
WHEREAS, Ben led his crew in building a trail through the woods at
Leesburg's Potomac Crossing Park; and
WHEREAS, the Town of Leesburg, the Commonwealth of Virginia, and the
United States of America will benefit greatly from Ben's commitment to the values
that have made him an Eagle Scout; and
THEREFORE, PROCLAIMED by the Mayor and Council of the Town of
Leesburg in Virginia that Ben Francis is to be highly commended for his
commitment to his family, his town and his country; and
BE IT FURTHER PROCLAIMED that the Town of Leesburg owes to Ben
Francis its deep and abiding gratitude for his choosing to live a life of value and a life
that matters.
PROCLAIMED this 14th day of April, 2015.
f. Proclamation—National Telecommunicator's Week
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proclaimed:
PROCLAMATION
National Telecommunicator's Week
April 12 -- 19, 2015
WHEREAS, emergencies can occur at any time that require police, fire
or emergency medical services; and
WHEREAS, when an emergency occurs the prompt response of police
officers, firefighters and paramedics is critical to the protection of life and
preservation of property; and
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WHEREAS, the safety of our police officers and firefighters is
dependent upon the quality and accuracy of information obtained from citizens
who telephone the Leesburg Police emergency communications center; and
WHEREAS, Public Safety Dispatchers are the first and most critical
contact our citizens have with emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our
police officers and firefighters by monitoring their activities by radio, providing
them information and insuring their safety; and
WHEREAS, Public Safety Dispatchers of the Leesburg Police
Department have contributed substantially to the apprehension of criminals,
and
WHEREAS, each dispatcher has exhibited compassion, understanding
and professionalism during the performance of their job in the past year.
THEREFORE, BE IT PROCLAIMED that the Town of Leesburg
declares the week of April 12th through 19th, 2015 to be National
Telecommunicator's Week in Leesburg, in honor of the men and women whose
diligence and professionalism keep our city and citizens safe.
PROCLAIMED this 14th day of April, 2015.
g. Proclamation—National Day of Prayer
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proclaimed:
PR OCLANIA TION
NATIONAL DAY OF PRAYER 2015
May 7, 2015
WHEREAS, in 1852 the United States Congress established an annual Day
of Prayer; and
WHEREAS, that law was amended in 1988 to designate the first Thursday in
May as the National Day of Prayer; and
WHEREAS, people in Towns and Cities across America observe the annual
National Day of Prayer; and
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WHEREAS, this is a time for citizens of all faiths to join together to pray for
our national, state and community leaders; and
WHEREAS, this year's theme "Lord, Hear Our Cry" will be highlighted.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim May 7, 2015 as The National Day of Prayer.
PASSED this if day of April 2015.
h. Presentation—Love Your Neighbor, Feed Your Neighbor Food Drive
Rona Scott gave a brief presentation regarding the need for donations for
the Love Your Neighbor, Feed Your Neighbor Food Drive.
8. PETITIONERS
The Petitioner's Section was opened at 8:05 p.m.
Jennifer Montgomery, Loudoun Interfaith Relief, 750 Miller Drive, Suite Al. "I am
thrilled that we are here tonight talking about hunger and Rona did a great job sort of
kicking off what we are here to talk about. I want to tell you just a little bit about Loudoun
Interfaith Relief. I know many of you are familiar, but I just want to give you a little
update. We are in our 24`h year of serving Loudoun. We are gearing up for our 25"'year
next year. In Fiscal Year 2014, we served 14,945 people through 76,833 visits. We
distributed about 1.3 million pounds of food in that year. Forty-three percent of those we
serve are children. Seven percent are seniors. Each order that we filled constitutes three
balanced meals for three days for every member of the household, so each person leaves
with nine meals, give or take. It's about 10 pounds of food per person. We are currently
serving between 75 and 85 families a day, six days a week. Sixty-eight percent of those we
serve are employed at least part time and another 18 percent are actively looking for work.
Today, we made the USA Today, and I have given each of you a copy. They were talking
about hunger in the richest county in the nation, so there you go. In the last six months of
2014, we saw a 28% increase in people seeking our services so we are struggling to make
ends meet. With 28% increase, we have only had a 14 percent increase in people donating
food to us. So, we're always pushing to get more donations, which is why Love Your
Neighbor, Feed Your Neighbor is really important. When the school year ends, we see an
increase in school age families that come looking for services as well. Last year, we served
more than 6,000 children, which is a duplicated number during the three months that school
is out, so that's a pretty significant number and we actually don't just feed the children, we
actually feed the entire family, so we give the entire family an extra day of food when they
come. Love Your Neighbor, Feed Your Neighbor food drive comes at a really critical time
for us. Last year, we received 35,359 pounds of food from that drive and this supply will
help us get pretty much through the summer. We also have to purchase some staples like
fresh milk. I spend about$3,000 a month on fresh milk for families, and peanut butter and
other supplemental items, so we really do count on this drive and the postal drive to get us
through the summer. So,just briefly, I want to tell you about some of the new things that
are happening at LIR. For example, we are now partnering with Crossroads Jobs and the
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Loudoun County Work Force Development Center. We are offering job training over at
the pantry and we are really encouraging people to get some other training and get some
information to help get them employed. We are in partnership with the Loudoun Veg and
we are offering gardening classes and nutrition education classes. Lastly, we are really
proud of our partnership with your very own ROCK program, which you know I love. And
we are gathering recovered food from Tolbert and Francis Hazel Reid and they are taking
that food back to the ROCK program and feeding their kids snacks and what they need
from that recovered food, which is really great. So, that's a real win-win, I think for
everybody, to get that from the schools and give it to this program. The last thing I want to
mention, quickly, is that May 5 is Give/Choose, which is a one day of giving that is being
offered and being promoted through the Community Foundation for Loudoun and
Fauquier Counties and it is 24 hours of giving and it is strictly for Loudoun County and it
has non-profits that are in Loudoun County, so of course I hope you will give to Loudoun
Interfaith Relief, but if you love dogs, they've got dogs. If you love other things, they have a
bunch of non-profits and I hope that you will be on the look out for that."
Patricia Phillips, "Thank you for the proclamation for the National Day of Prayer. I
would just take a few minutes to explain why we like to have our National Day of Prayer
observance in a government facility. And that of course, is that we do pray for our
government, for our leaders both local, state and federal, but also because it is a nice civic
facility that people of all different faiths will feel comfortable in. So, we do appreciate being
able to use it last year. We asked for it in case of rain and it worked out so well without
leaving too much to Mother Nature that we thought let's start there at the beginning. So,
we thank you for your consideration of making the wonderful chambers available for the
National Day of Prayer on May 7t'.
Matt Ebner, "I spoke to you guys last month about the Catoctin Skate Park and we
really need to keep it. I'm not going to take too much of your time tonight. There are
plenty of people here that I don't think signed up that might have something to say, but it
means a lot to the community around—not just to the citizens of Leesburg, but to
everybody in Loudoun County, Fairfax County. Lots of us spent a lot of hard work to get
that place open. I'd just like to see it kept around and revitalized."
Richard Wolfe, Leesburg Volunteer Fire Company. "Thank you for indulging me
again on the matter of funding for Companies 1 and 13. I'll refrain from a recitation of the
arguments I presented at your March 15 meeting. Rather tonight, I offer a different and
more personal approach to the question of funding. However, the requested outcome is
unchanged. One, that you fully fund Companies 1 and 13 for the upcoming fiscal year and,
two, that we arrange a meeting in June to discuss the future funding for our companies
based on our contributions. As well, I endorse Council Member Hammler's suggestion that
a liaison from the Town Council be assigned to attend my board and company meetings
and to report back then to the Town Council. This evening, my son, RJ, who is over here
trying to behave, has joined me both as an education in civics and to draw attention to the
personal nature of my appeal. RJ's mother, my wife, travels significantly for business
including this week. As a result, RJ is dragged to innumerable meetings in the course of my
official duties as President of the Leesburg Volunteer Fire Company. Between us, by the
way, he told me this weekend that he prefers the Town Council meetings to the other
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meetings, Administrative Operations Committee Meeting, the Executive Committee
Meetings and various board and subcommittee meetings that he gets dragged to. He does
say, though, that it is a little bit too quiet in here. That's his one complaint. Anyway, on
top of this, he spends many nights with sitters so that I can meet my duties or obligations
and is a regular feature at company trainings. He is the face of sacrifice that my family
makes for my volunteer activities. There are so many others like him within my company
and within company 13. These children are the future of volunteerism in America and I
personally hope that my son contributes to his community as I have to ours. My chief, Jim
Cook, has joined me this evening and will stay to answer questions after RJ and I have left.
It is a school night as well. Chief Cook and I collectively have volunteered more than
10,000 in the last two years alone. We do it because we love what we do. We make a
difference to the community and we enjoy it—helping others. We could not do so, though
without the support of the town. Your contributions on an annual basis account for more
than 25% of the funds that are necessary for our operations. So, we encourage you to
continue funding us and we look forward to continuing working with you".
Andrew Borgquist, 1108 Huntmaster Terrace, #301, "I'm here yet again to speak on
the same issue that I have been speaking about now for quite some time. But, I guess
basically going over some of what I had been talking about on previous occasions. Over a
year ago now, it has been quite some time, the Town of Leesburg had taken what I believe
is unjustified action against me and the action that was taken was done in a manner that I
personally believe was underhanded and unreasonable and it appears that the action that
was taken was retaliatory in nature because I had voiced a concern about the actions of
Leesburg police. So, on a previous occasion, and I had tried to have discussions with the
town to kind of address the concern that I had and over the manner of things that happened
and ultimately I have just been very disappointed with interaction that I had and over the
manner things have happened. Ultimately, I have just been very disappointed with
interaction that I have had with the town since that occasion with respect to, you know, the
attitude that I feel that has been exhibited towards me when trying to bring the concern
forward to the extent that, you know, I guess I feel like the town doesn't want to hear about
it or talk about it, but I think it's an important issue and something that needs to be
addressed. So basically I am continuing to come here because I would like to see the town
take a proactive position and, ideally, it would have been originally to reverse the action,
but at least take actions that would address what I see as kind of a break down in
appropriate policy in the way that people are treated when they bring concerns of this
nature, particularly with my particular situation to the town. So, I'm still hopeful that there
can be a productive discussion and I have approached Mr. Dentler before to have a
discussion and have yet to have any kind of productive conversation with Mr. Dentler or his
predecessor, Mr. Wells. So, I just want to continue to approach you guys to do something
about this because, like I said, I think this is something that is important that needs to be
addressed, again, because you know in as much I realize that I have brought a concern
regarding Town of Leesburg police action, I want to reiterate what I have said on previous
occasions that it wasn't a condemnation of the Leesburg Police Department, which I
consider to be a good police department, but as Mr. Dentler had expressed in his budget
presentation, the town's goal is to exceed expectations and to exceed expectations you need
to constantly be vigilant that you are not just being good, but being better and the only way
you can do that is by having people feel comfortable to bring their concerns before the town
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and if they don't feel that they can bring them or that they are being ignored or that it is
simply not productive or even retaliatory in some instances, that's just not the way it should
be.
Drew Clyde, Headway Church. "I really wasn't planning on speaking. I accidently
signed the petition sheet, but I figured I would say something. No, I'm here with the Love
Your Neighbor, Feed Your Neighbor,just to support Rona and as a proud participant. I
pastor a church here in Leesburg called Headway Church. We are a new church,just a year
old. We actually used to rent the rooms downstairs for a little while, while we were meeting
at the Tally Ho Theatre. So, thank you, Mr. Dentler and Mayor Umstattd for letting us do
that for a little while, while we needed to. I just wanted to say we love being a part of
Leesburg and we really see as the church that we are a part of the community and we love
being a part of this interfaith effort because you know, we can believe different things. We
love being a part of working with different churches, but also local government, businesses,
other organizations, schools, to really help those in need and I think that's a powerful
statement to the community. You know, we enjoy working with people...maybe we
believe different things, but to realize that we can have different beliefs and still be friends
and we can even spend time together and try to understand one another and why we believe
what we believe and even disagree, yet still be friends and ultimately work together for the
common good, especially those that are hungry here in our community. So, we just are
proud to be part of this interfaith initiative and we are looking forward to being a part of it
again this year and we thank you for your recognition of it."
Christopher Jenkins, "I was an original member for the Friends of Ida Lee who
helped construct the skate park years upon years ago. I just wish to say the importance of
keeping the skate park, keeping it maintained. As a youth, you know, not everyone fits into
the team sports or anything extracurricular activities the schools have to offer and skating is
a wonderful outlet for that. For myself, it taught me if you fall down constantly, you get
back up and you succeed."
Wanetta Langley, "Of course, I'm here about the skate park. I'd like to thank all my
son's friends, who came out. They are the ones, who like Chris has said, was with him to
get it built. Like he said, you fall. You get right back up. You get bruises. You don't
worry about it. You just keep going. But, like I said before, Eric is not in the area, but he
has all of his buddies here tonight because he's been keeping in touch with them, telling
them what's going on and every time he comes back home to visit—when he is here in the
summers or whatever, the first place he goes is the skate park to watch the kids over there
skating. Talks to them, you know, every little thing. So, I remember he told me he talked
to a lot of kids this past...well, a year ago when he was home, you know that they needed
work and I guess Eric had talked to them that he at one time had wanted it to be concrete,
but they started out with what they have now, but alls I know is he put a lot of hard work
and effort and that was his passion and love was skating than any other sport. I mean, he
did other sports, but no, skating was his thing and I'd just like to—I can't believe all the
friends and Jim, how he has put his effort into helping them back then. You know, wanting
to work with these guys and he is still friends with them, like he says he is. I just don't
know how to thank everybody for what all they've done—for his friends for even just
coming out. He's still keeping in touch and wanting to keep the skate park—is improving
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and making it better for the kids. That's what his goal was. He is for helping. Not, like, he
helps people where he is at right now. He likes helping kids, anybody. He'll take his shirt
off his back and give it to you. So, I know he would thank you guys for this effort in
wanting to save the skate park, fix it or do whatever these guys is wanting to do with the
skate park now. I wish he could be here but what can I say. Just take that into
consideration. Thanks".
Jessica Bukowinski, 118 Marlow Street, "I'm here with my daughter, Grace. She's
nine and I'm here to speak on behalf of the next generation of users of Catoctin Skate Park.
She did summer camp. She did a class in the fall. She had her birthday party there. She's
doing a class in the spring. We moved to Loudoun County in 2005 and we choose
Leesburg as the place to settle. And I do show up every few years when an issue of
community comes up and this is an issue of community. Taking care of this wonderful thing
that you have. This unique park in leesburg, where it is in the most walkable part of
Leesburg. Needs to be a priority, because you are taking care of a whole community of kids
that maybe aren't met on the ballfield or other places, as was said before. I just urge you to,
as you go through the budget and you make hard decisions, you take care of this resource.
You fix it up, you keep it safe and you keep it there for our kids."
Brian James, 4 Mystic Lane, "I'm the Chairman of the Loudoun County Trail
Association. I am also part of the board of the Purcellville Skate Park project. We were
founded about 10 years ago. We haven't yet got any kind of skate park, obviously. I'm
speaking regarding the Leesburg skate park today because that's really our only option in
Loudoun County. There's the nearest one, if you aren't familiar, is South Riding Skate
Park, which might as well be in Fairfax. The Leesburg—I'm old enough to know some of
the people like Chris Jenkins and others, Scott Hurley who helped build the park and taken
my little brothers there over the years to skate and what not. It's definitely in need of repair.
I think that for the kids...like Chris said, to echo what he said—not all kids fit into the team
sports and I see a lot of nice soccer, baseball and all that kind of stuff around the county but
we have one little slab of land in the middle of Leesburg and it hasn't really been repaired in
I don't know how long. The Purcellville skate park project, we've been trying to get
something going with the Purcellville town for about ten years now, but to build what we
had come up with costs about$500,000, and that's about what you guys have in the budget
right now for repairs. I just think that to have—we are in the richest county in America and
I think that our children should be able to have some kind of perks or things like a skate
park. Frederick has one, Front Royal has one, Herndon has one. South Riding...those are
all areas that about 30 miles away from here. Economically, I think it would help to just
repair this one. I'm not opposed to building a new one. I don't know if I can speak for the
rest of the people, but in this area, you are going to find if you don't repair that one or close
it or anything, children are going to be going to other places and parents are going to be
spending their money, spending more gas and things like that. So, it would only help the
economy of Leesburg to either nuture that one back to life or build a new one. The plans
that we had for the Purcellville skate project were a concrete park, which would actually be
quieter and less maintenance long term. I don't know what your plans are for the new one.
That is a much better long term plan and I think the skaters would hopefully like that and it
is better than the wooden one that is currently there. Another thing we found challenging
with the Purcellville Skate Project is applying for grants. The Tony Hawk foundation
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actually has a grant to help build parks, but guess what? Loudoun County doesn't apply
because we are the richest County in America, again. So, those are all things—I think the
onus is on us in this town, in this county to help build a park or repair the one that we have.
I'm not even a skater, but I see the reason that this should be kept around and revived, I
guess. What were the other points I had? I can't remember, I didn't write anything down.
If you guys see fit to keep it around, I guess it would be better for everybody in the long run,
you know. Not everybody, like I said, is going to want to play in sports".
Kelsey Noland, 307 Belmont Place, SW. "I'm just here to speak in favor of the
Catoctin Skate Park. Not because I've ever skated there or ridden a bike there, but because
I've seen the benefits that it has posed for people in my life and the important space that it
has provided for people I've known. I think it provides a really important recreational space
for children, teenagers, young adults, even some older adults. You know, I think like many
have said that there are plenty of people who don't fit into the mold of participating in
traditional sports and activities and I think it's important to continue to have a space for
those that don't fit into that and so I just wanted to come and speak in favor of the
continued funding for the Catoctin Skate Park or even additional allocation of the budget to
improve it and keep it around".
Patrick Frye, "I didn't come prepared either. I definitely wasn't prepared to speak,
but I'm thankful to be here and thankful for the passionate skaters that put their heads
together and were able to get a park going. Thank you to the Town of Leesburg for
supporting that budget. I'm born and raised in Leesburg and I was...I felt very fortunate to
be a part of Catoctin Skate Park and just the pleasure of being a part of that over the years
and growing with the park and meeting different people along the way. I ended up working
at the skate park for one summer and that was great. I was a supervisor there. I also taught
skate board lessons. The parks taught me so many things...just riding and skate boarding
alone. I could speak all night about what a wonderful place it is and how great it is for the
youth and as some of these guys have already said, there are very many parks in the area
now, but Leesburg was one of the first parks around. The only other one that I know of in
Virginia, was Charlottesville. So, people came from all over, out of state even to come visit
Leesburg's skate park and I think that was very progressive that Leesburg, you know, made
that happen and built a park. And it is, definitely outdated and is probably one of the only
wooden skate parks left in the mid-Atlantic region, but it was well built and it was well
taken care of and I thank the Town of Leesburg for that and I think that you should
definitely consider moving forward with either the repair of the park or proposing a new
budget or a new location even. You spoke about concrete and I think that's—I can't speak
for everyone, but I think that would definitely be something to consider and you know now
all of our surrounding, I guess communities have newer skate parks—Herndon and Fairfax
—it's gained a lot of local support. Once again, I think it's very important for the youth and
the community in general. I think it's a great thing, so please keep that in mind".
Evin Harrison, 702 Hetzel Terrace. "I'm here to speak about Catoctin Skate Park
and gravity sports in general, including BMX, scooters, progressive rollerblading, things of
that nature. (Mr. Harrison showed a power point). That's just a cool photo of me and a
couple of guys bombing a hill—helmets, staying safe. Quick table of contents. We are
going to discuss money a little bit. Skate park budget, other gravity sports, and possibilities
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of fundraising to help it be self sustainable so we don't have to continue to have these
conversations. So, the blue is where we are going to start as far as the chart goes. It starts
with the basic investment, $400,000 is what is already allocated, is what I have been hearing
and there is a request for an extra $100,000 just to make it a little bit better. That will create
jobs within Loudoun County because you are going to have to hire contractors. If you we
the$500,000 we can get the same company that built Front Royal's skate park, which is an
amazing skate park. I love going there and skating the bowls and personally I know people
who travel all the way from Fairfax to Front Royal,just to skate that park. So, it creates
jobs. It creates habits and hobbies for the youth and the younger adults. I myself turned 28
this year. I consider myself a young adult. I probably will in my sixties and hopefully I'm
still on a skate board. So, successful futures. It was already mentioned that skating teaches
you know, whenever you fall down, you get back up. This past weekend, I was skating in
some mountains that's going to remain unnamed and I fell at 45 mph and there was
considerable damage done as far as impact goes, but because I had the proper gear and I
ride with proper riders and I'm educated and pretty well trained, I was able to walk away
from it, got back in the car and rode to the top. I tried it again and was successful. So, it
definitely helps you learn while you are going through life to get back up. When I moved
here, I was 18, fresh out of Louisiana. Louisiana culture is a little bit different than Virginia.
A lot of crawfish boils and we love our Abita beer and there are certain things that didn't
translate well up here to the culture and it was a tough learning curve for me and I acquired
some charges on my personal record and it was kind of a rough start. I grabbed a skate
board, I started skating, I changed my friends, I changed my habits and my hobbies. I
started going back to school. I now have an associates degree. I studied in three different
countries and I mentioned the non-profit that I started too, and it's all due to skating. If it
wasn't for skating, I wouldn't have done any of that. I believe I'm the only person who has
skated in the country of Turkey, in America. That's pretty cool. You build the skate park,
you make the investment, you help build futures. We give back, so you give to the
community and as we get older and become more successful, we end up in these meetings
and we try to help give back to the community. Pros versus cons. Pros, it keeps kids off the
streets. Gives the image that Leesburg cares for all ages, not just one specific age group or
one specific sport. It also sets an example for other communities to follow and like I just
stated, if you give to the community, then the community will give back. Cons, obviously
investments can always be redirected. There is always a shortage of money somewhere. It's
just where can we place it. How can we divide it to where everybody feels equal. Money
versus resources. Again, resources cost money. Those investments have to take place.
Studying a little bit of economics, I understand that. Another con would be disappointment
from the local community to say why would you give the skaters $100,000 and not give it to
us. So, the skate park—we talked about the budget. If we keep it in that same footprint that
was discussed it would cost a little bit less than having it moved. There was also the issue of
where would we move it to. There was no space available over the past from what I was
told that would accept the park. The better the park, the more use it would get. The more
events we could hold to help raise money to keep it self-sustainable like I was talking about.
If we could help— if the town would help dedicate a 501(c)3 to gravity sports of Leesburg,
then we could dump all this money in as we hold events so we can keep it self-sustainable
and anytime anything is needed then we can just reach into that budget that's there that we
helped create through fundraising and events. I would love to volunteer for it. I'm all about
skating. Pros versus cons, it keeps kids off the street. You have a safe environment for the
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self expression. Teaches kids to keep trying in life. If you fall, you could possibly create a
community mural for the arts there so every three months we have specific idea. The entire
community comes out, paints a small section on it. Make it something for everybody to
enjoy and more skaters. The cons of that, more skaters. Could require more attention and
not open in the winter, could also be a con. And other gravity sports—just briefly, long
boarding. I, myself, am a downhill skater. I use it as a form of transportation to and from
the bus stops and I probably will come back, but I think it would be a good idea to have the
kind of skate ban lifted off the streets because the more experienced riders, we can ride in
the street, keep up with traffic, and we can brake on a dime and come to a complete stop
without using the rest of our body to help slow us down. Also, if you lifted the ban and
allowed us to have different events like luge races, downhill skating events, or free ride
competitions, we could also put money into that for the 401(c)3 for the gravity sports, which
would also help it keep self-sustainability and we would also be the only town in Northern
Virginia, in Virginia period that would actually have sanctioned races. The closest one is
either Pennsylvania or Vermont. North Carolina just started one. This is just some photos.
People have been digging on line trying to find some stuff from guys in the local area.
Fundraising, I have been talking about that through the whole presentation, so I'm not
going to waste too much more time on it. Then, I would just like to thank you for giving
me your time and letting me make a mockery of the situation. Thank you".
Fred Williams, 21 Wirt Street, SW. "I'm not going to talk about noise and I'm not
going to ask for any budget money. What I do want to do though tonight is just ask you just
to reset your thoughts for a moment. Think of tomorrow as a brand new day and
something really momentus is going to happen. School is out. It's a great time. Kids are at
home. Families that can afford to go off on vacation. The other thing is that one out of six
children in Leesburg, roughly, will lose two meals a day. They will lose the breakfast and
the lunch they are now getting in school. So, I'm here to support the Love Your Neighbor,
Feed Your Neighbor campaign. This is just not an ordinary food drive. Jennifer spoke
earlier about the number of donations that go down in the summertime. Well, it's because
people are not here and it's also because these kids who are the future of Leesburg, who we
come together in all kinds of community, they may have their meals, but their families are
going to have to stretch their limited food budget that much further to cover 10 more meals
during the summer. So, I just ask you kind of personally to step up and be the leaders that I
know that you each are and do what you can to encourage people to contribute, make
donations, canvass in the neighborhoods. This is a very, very important thing. So, I thank
you for your time and I thank you for your service and I mostly thank you for supporting
the Love Your Neighbor, Feed Your Neighbor campaign."
Lynette Austin, Church of Jesus Christ of Latter Day Saints, "We have participated
in the Love Your Neighbor, Feed Your Neighbor food drive for the last four years. I just
wanted to mention that in addition to some of the great comments that have already been
made, that projects like this bringing a community together in concert to try to help those in
need is something that really elevates and builds a community and I think that we can't
dismiss that as one of the merits that this kind of project has. For example,just briefly, a
few of the great merits that I see in it is that it helps to instill in all of us a sense of
compassion and a sense of empathy. I'm always intrigued by the juxtaposition you find
right off of Sycolin Road where you see the homeless shelter right across the street from the
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airport where you see a lot of private jets and such and I think that it reminds us that there
are all kinds of folks that live here, reside her, pass through here and have different
perspectives in the community. When we do projects like this, it reminds those in need that
we care about you. We want to lift you up. We don't want you to be alone and we don't
want you to suffer. For those of us who may have experience with affluence and live very
busy lives going from one meeting to the next, it allows us to pause and to consider that
there are those around us that really do need our help. It helps us to serve and whenever we
serve, we build our own skills and abilities. I also like the legacy thought where when we
participate in activities like this with our families and with the youth and with the next
generation, we are instilling in them the thought and the idea that what we do—this is just
what we do. We serve. We help people and when all people of all faiths, walks of life,
different community organizations, ages, etc. participate in a community event like this,
they realize that when we work together as a team, we are able to accomplish great things
regardless of our differences and it also —I think it builds a sense of optimism that problems
can be solved and that things can be made better for people we know and we care about and
I thank you for your time."
The Petitioner's Section was closed at 8:48 p.m.
10. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the following
items were moved for approval as the Consent Agenda:
a. Acceptance and Appropriation of Library Foundation Grant
RESOLUTION2015-044
Approving a Supplemental Appropriation for a Grant of$8,500 from Loudoun Library
Foundation to Thomas Balch Library for Archival Processing
b. Encroachment Agreement to Allow Reclaimed Water Line to Cross Dominion Virginia
Power(DVP)Easement along the W&OD Trail
RESOLUTION 2015-045
Authorizing the Mayor to Execute an Encroachment Agreement Between the Town of
Leesburg, Panda Stonewall, LLC, and Dominion Virginia Power("DVP")to Allow a
Reclaimed Water Line to Cross DVPs Easement Along the W&OD Trail
c. Western Loudoun Art Studio Tour(WLAST)at Mervin Jackson Park for First
Friday, May 1, 2015
RESOLUTION2015-046
Approval of Art to be Used in a Temporary Art Display by Western Loudoun Area
Studio Tour Artists
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
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COUNCIL MEETING April 14, 2015
Vote: 7-0
10. PUBLIC HEARINGS
a. Adoption of the Fiscal Year 2016 Budget
The public hearing was called to order at 8:54 p.m.
Clark Case gave a brief presentation on the adoption of the Fiscal Year 2016
budget ordinance.
Key Points:
• Budget is a no-frills, frugal operating budget.
• Up 5.4% from previous year.
• Capital Asset Replacement Fund is down.
• Capital Projects Fund is up 48.2%primarily due to large transportation
projects that include Virginia Department of Transportation (VDOT)
matching funds.
• Northern Virginia Transportation Authority Fund is a new, state required
fund to account for transportation funds for approved transportation projects.
• Utilities Fund is up 18.1%
• Overall, the town's budget is up 14.6% due to CIP and Utilities fund
increases.
• Proposed general fund budget does not include any new positions or
programs.
• Two departments have or will be consolidated to achieve operational
efficiencies.
• Three percent increase in merit pay for employees
• Health benefits cost increase of 8%
• Enhancements include police overtime of$42,000, transportation project
studies of$168,500, and$89,500 in technology investments.
• Capital improvement projects include Hope Parkway extension, Battlefield
Parkway from the Greenway to Rt. 15, Catoctin Skate Park, Tuscarora Creek
Flood Mitigation Project and Tuscarora Creek Restoration TMDL Project
• Utilities fund programmatic increases include $296,000 required to fund three
new positions for the reclaimed water partnership with Panda Energy, which
will be offset by future revenue from Panda and$2 million to address aging
infrastructure.
It was clarified that the amount included in the budget for the skate park
renovation assumes the present location.
Council Comments/Questions:
• Dunn: How did the amount for the skate park increase?
Staff answer: The original number was an estimate, but the current estimate
includes a higher quality park facility.
• Dunn: How did this get moved up in the CIP?
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Staff answer: Council directed this durin g Major Ma'or Issues session that staff
had with Council.
• Dunn: Is there the intention by staff to close it for safety reasons?
Staff answer: It was originally in the back of the CIP because it was a new
project, but staff would continue to investing whatever funds could be found
to keep it open as long as possible. But conditions could deteriorate down
the road that would cause difficulty keeping it open.
• Dunn: With respect to the health care costs increase of 8%. Is that the
percentage overall or just the town's portion of the increase?
Staff answer: The increase for FY 2015 and 2015 was 12%. This is the
increase between FY 2016 over FY 2015.
• Dunn: Is there anything that Council does as a policy setting body that would
stop revenues other than tax revenues?
Staff answer: If Council decided to no longer charge fees for certain services,
such as Ida Lee, or eliminated the meals tax, it would change the revenue
stream.
• Dunn: Fees from outside sources would not be stopped by anything done
with respect to the budget.
Staff answer: Correct. The budget assumes that the town will take the same
actions as it has taken in the past and is performing consistently.
• Dunn: How we decide on the budget does not prevent the funding of
government, it just determines the allocation of where the funds are going.
Staff answer: Council sets the fees and rates, which determine how much
revenue is available in the budget.
• Dunn: How many tax dollars are collected to fund utility projects?
Staff answer: Utilities projects are funded entirely out of water and sewer
revenue fees charged from the use of water and the use of the sewer system.
Generally, there are no general tax dollars going into the utility funds. Any
bond funds used for utilities projects are paid back using water and sewer
rates.
• Dunn: There are 25 unfunded projects in the CIP. If we had other funding,
we could look at ways to satisfy those future projects.
• Butler: If the funds for the skate park are approved, when would work begin?
Staff answer: If funds became available on July 1, a contract could be signed
with a design/build firm at that point. They would move forward with
charrettes and outreach to the skate community to determine what amenities
they are looking for in the park. Design could be completed around
September with construction in late fall and opening in the spring.
• Martinez: I wanted to talk about the equation, which is our budget. We have
monies from the state, which we cannot really control, but they are a small
variable. We can always depend on some revenue. We have revenue from
the county, which is always going to come in. How we get it is a small
variable. We have the meals tax and we control that revenue. If we increase
it, odds are we might have less revenue. I'm learning about the meals tax
through my daughter's wedding caterers. Caterers will not come to Leesburg
because of the meals tax, so they are actually going outside of Leesburg
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because of the meals tax. I'm kind of concerned about us talking about
raising it. There are other fees that we control, but that is pretty much a fix.
The total variable that we have control of is the property taxes.
Staff answer: The town has control of the business license tax, the meals tax,
and the property tax. It does not control the sales tax.
• Martinez: That's where the state comes in. We can fix fees, but we are pretty
much set there. We can always change those to increase or decrease revenue,
but we will probably not do a whole lot of changing. The one true control
that we have over revenue is the property tax. What percentage of that is the
total revenue stream?
Staff answer: 23%
• Martinez: It is a major variable that we control. My great concern is that
with that property tax rate, we have a great town. We got the AAA rating,
because we have done smart things in the past and we are continuing doing
that. Anything we take away from the property tax revenue we get, we are
taking away services. There are some who believe we can do without a lot of
services. I personally feel that people are in town because of that and they
don't mind having those kind of property taxes to maintain the quality of life
we have in this town. I just wanted to make sure we understood the equation
of our revenue stream. On the other side, the payments out are a whole
different scenario. I personally am very supportive of the budget—I think it
covers all our needs.
• Hammier: A press release went out by the Police Department on April 13
and it referenced four new positions that were filled this year. Can you clarify
why that was mentioned versus tonight we are stating that no new positions
have been added to this budget?
Staff answer: They are new hires, not necessarily new positions. Several
people retired, which freed up positions in the police department. There are
no NEW positions in the general fund.
• Hammier: A clarification on the overtime enhancement—it references First
Friday with two officers for three hours, Council meetings with 20 meetings
and one officer for two hours and back to school safety blitz and prom blitz.
Were there any opportunities that we might have leveraged the support team
for those types of appropriate activities that they may be able to do?
Staff answer: The support team provides $40-50K of service to the
community on an annual basis. Almost every single one of those on the
enhancement list requires some level of enforcement authority. We do not
put the support team in a position where they might have a confrontation
with anyone or have enforcement responsibilities. They do not have the
authority for traffic enforcement, criminal enforcement or town code
enforcement.
• Hammier: The Plaza bike lanes were approved by a resolution of Council, so
why wasn't it already anticipated to be in the budget?
Staff answer: It was not approved by Council by resolution, but there was
Council support for it. The original cost estimate was significantly lower than
the actual estimate, so staff did not feel comfortable moving forward without
confirmation by Council at the higher estimate.
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COUNCIL MEETING April 14, 2015
• Hammler: Would it be possible to start the on-street recycling downtown
with five receptacles?
Staff answer: We will go ahead with current funds to begin to add a few
receptacles (up to five) downtown and see how that works. Additional funds
do not need to be added into the FY 2016 budget.
• Fox: The utility fund specifies $1.2 million of funding will address aging
infrastructure through replacements, renovations and repairs. Is there any
crossover between utility funding and CIP TMDL projects?
Staff answer: No. The replacement, renovation and repairs are equipment
replacements and repairs.
• Fox: What is the value of the land that the current skate park sits on?
Staff answer: County tax records show it at$2.9 million.
• Fox: When do you anticipate starting the skate park renovations?
Staff answer: We would anticipating beginning design work late summer
with construction beginning in the early fall for a spring opening.
• Fox: So the $545,000 is for design and construction?
Staff answer: Yes. It would be a design/build process.
• Dunn: Did we have AAA bond rating prior to the current one?
Staff answer: We had a AAA bond rating with Standard and Poors for the
2014 issue. The other two rating agencies gave us AA. The highest rating we
had prior to that was AA+. Each rating agency uses different terminology.
• Butler: Just for the public, TMDL is related to stormwater run off within the
corporate limits of Leesburg. Utility fund is related to water and sewer in our
area of service, which includes parts outside of Leesburg.
• Fox: It was explained to me that part of the increase in Water and Sewer
rates is because of the Chesapeake Bay requirements.
• Umstattd: That's not inconsistent with what Council Member Butler said.
The Chesapeake Bay Act is one of the reasons we are required to make sure
that the water we put out(effluent) has been cleaned of nutrients and various
pollutants. This is a requirement of the effluent from the sanitary sewer
system, but there are also new requirements for the stormwater system, which
is not part of the sanitary sewer.
There were no members of the public wishing to address this public hearing.
The public hearing was closed at 9:23 p.m.
On a motion by Council Member Dunn, seconded by Council Member Burk, the
following was proposed:
ORDINANCE 2015-0-009
Adopting the Budget for Fiscal Year 2016;Making Appropriations for FY 2016 for the
General Fund, Utilities Fund, Capital Projects Fund, Capital Asset Replacement
Fund, and Northern Virginia Transportation Authority(NVTA)Fund;Amendments
to the Budget and Supplemental Appropriations by Council Resolution;and
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COUNCIL MEETING April 14, 2015
Authorizing and Directing the Town Manager to Take All Steps Necessary and
g p rY
Prudent to Effectuate the Implementation of the Ordinance
Council Comments:
• Burk: We have worked on it and gotten it to the point where we are
continuing to provide services for the town at the level that our citizens
expect.
Council Member Butler offered an amendment to add$5Z000 for bicycle lane striping
on Plaza Street. The motion was seconded by Council Member Hammier. Council Member
Hammier asked for a friendly amendment to add language "Staff is encouraged to begin work
within six months of the start of the fiscal year".
Council Comments:
• Butler: Council expected this was going to be done 18 months ago. It is one
of the core initiatives in the town to increase bicycle and pedestrian
movement throughout the town. It is not a particular problem with the
budget because we can take it out of the undesignated fund balance which is
well-overfunded and then next year we can see if there is any particular
impact and deal with it then.
• Hammier: I think this is a high priority area in terms of bike users and would
be a great amenity for the community.
• Fox: I would support it.
• Dunn: These are the type of things along with many of the items on the CIP,
that I would wish we would be seeking county funds to fund it versus town
dollars that are so close. Again, the list could be endless of the things we
could be going to the county instead of trying to threaten fire and rescue with
the not funding them. I would rather this be funded with county versus town
funds.
• Umstattd: If that$57,000 were allocated towards this project, would that
undermine the 20% that needs to be maintained in reserve to support the
AAA bond rating?
Staff answer: I don't believe it would be material enough to be a big problem.
We would look for a funding source.
• Hammier: I believe we have sought things like CDBG grants for this type of
initiative.
The motion to amend was approved by the following vote:
Aye: Burk, Butler, Hammier, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
Council Member Dunn offered an amendment seek county funding for the skate park.
It was noted this should be brought up as part of the Capital Improvements Program
discussion.
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Council Comments/Questions:
• Dunn: When the departments are consolidated, why did that not result in
staff reduction?
Staff answer: In regards to the Department of Finance and Administrative
Services, the leaders of the Information Technology and Human Resources
staff are not graded at the same level as the directors. The director, Mr. Case,
is a grade 18. HR and IT are grade 15. There is a savings, as a result. With
regards to Capital Projects and Public Works, it is coordinated with Mr.
Mason's move to the Town Manager's office when he retires in 2016. Upon
his retirement, that position will be used somewhere else in the organization.
We are maximizing the organization to capitalize on our resources. Council
has not increased the town staff resources for several years. Although the
proposed budget works, staff is stretched to the max and at some point
Council will have to address that the organization cannot continue to sustain
service delivery without addressing resource needs.
• Dunn: Although I appreciate Kaj's opinion in how he is looking to manage
the town, I unfortunately do not agree with all of the staffing that has
happened, not just under you, Kaj, but under the previous town manager. I
think there are areas that while we have heard throughout this budget process
that we are doing all we can really do, I really feel that we are doing all we are
willing to do. I think that more could be done and that the efforts and the
policies set by Council, staff is working under that direction. I don't take
anything off of staff for doing that. That is what you are hearing from this
political body up here. I think that had the direction been more towards, as I
said last night, rather than looking at making revenue increases equal to
inflation, looking at possibilities of cutting back expenditures equal to
inflation are other options. This isn't just the only thing we can do—which is
looking at continuing to raise taxes. We've heard it said, even as late as just a
couple of minutes ago, if we were to cut anything it's going to affect the
services that we provide to the public. But frankly, when there are services
that are not being used by the public, it is not a risk in service, it is actually
over servicing. There are areas that we could be using better management
practices, but when those get brought up, right away people go into "oh you
want to cut this". You want to cut all of brush and tree pick up. No, no one
has ever said that, we have just said we would like to look at other
possibilities for better management of that process. When it is brought up just
at one of our work sessions, one other council member was going to make a
suggestion and right away, the mayor jumps on "oh, you want to cut
stormwater management. You want to flood people's basements". No, we
are not trying to do that, but unfortunately, we have been operating in the
past and currently under a process whereby we are doing headline budget
preparations. If we want to make a headline, we will govern by that and
that's not going to get anywhere. I think there are areas that we could—I'm
not happy with the practice that I saw that John Wells was doing and I think I
was about the only Council Member that had concerns about some of his
personnel management practices. We see that resulted in having to have a
diversity task force to even evaluate that and then using the town manager's
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COUNCIL MEETING April 14, 2015
office as a revolving door for having peo le coming in and out as a way
station—get another year's worth of employment. I don't agree with Tom
Mason being brought into the Town Manager's office. If this was a
corporation, you wouldn't have the ability to have somebody being around
for eight months for a learning process while somebody else takes over. I
think that he would have been better served by staying in his position and
then when he is ready to retire, then Renee can step over there. I think that
she will do a great job. I think that there are areas where we have had
directors of different departments in the past that have been basically demoted
and kept their director's salary. I don't think that's right and that's still the
case. They are given lesser positions and yet they still maintain their pay level
as a director. It's not right. It's been noted that for decades we have been
paying money to the county and the Council has opted to not really go after
that in any sizable way. We get some road money here and there. We've got
a courts project going on, but we give millions and millions of dollars to the
county and really don't have that much to show for it. Why? Because the
Council has used one word, and that is we want to maintain control. Control
is very important. Well, control is costing the citizens of Leesburg a lot of
money. Even to this point, this year we finally brought up a very, very
elementary discussion on getting funds from the county, any ideas were put
aside except let's consider fire and rescue. Well, that wasn't my idea. Why
did we do that? Because Fire and Rescue, police and sheriff. Why? Because
those are the two toughest things to ever get accomplished and nobody is
really ever going to vote on that. Well, we caused enough concern for the fire
and rescue people to have them to have to come out here and fight for the
funds that they are going to get anyway. Nobody was going to cut those, but
woe be unto us if we consider the county taking over the Balch Library again.
We don't want to consider that, but we will act like we want to have
discussions about cutting the fire and rescue funding. I don't think that was
ever a reality and shame on this Council for dragging you folks through that.
I would also, as a side note, because the fire and rescue funds seem to be very
political, I would also question us even having a Council Member on the
board, because I think that just makes it even more political and I don't think
that people's safety should be a political issue. It is still a favorite tactic of
people on this Council to put out things like, when we want to have
discussions about the utility department and other ways of managing that,
that is looking to take tax payer dollars when we just heard tonight that there
are no taxpayer dollars in the utility department. The mayor has mentioned
that. She always liked to refer to taxpayers are being hurt because we are
looking at doing something with the utility department. It's not true. We've
heard that tonight. We've heard that she has also said that people want to cut
trees and services—whatever we bring up as other suggestions—water and
sewer. You want to look at ways of improving that? Oh, you want to cut it.
No, we are just looking at ways to improve it. If we can never get past the
discussion of really looking at ways to improve things, we are always going to
be in the situation where we go to the same line we've heard tonight—we've
done the very best we can. Well, I think we can do better. I really do. I think
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we've got a great staff. I think we can do better. It's been brought up if you
don't want to vote for the current tax rate and you want to fund the
government at a lower tax rate, then therefore you are for completely
unfunding government. That's not the case, you just want to fund
government at a lower level. It's been brought up that if you are not for the
budget, you completely want to unfund every department. That's not true. I
want to see government funded. I just want to see it funded at a different
level. Unfortunately, I can't vote for the budget tonight because while I'm for
funding various departments, I'm not for the wasting that I see that has been
going on within town government and the continued Council's stand offish of
going to the County and seeking millions and millions of dollars that could be
funding capital improvements, maybe giving even more money to the fire and
rescue, making sure that the Balch Library is funded. There are a number of
areas that we could do it. If we were doing it and getting our county tax
dollars back here in town and Council at some point is going to have to want
to take that task on. For me, I have to vote against the budget tonight because
I still feel that this budget is not spending where it could be spending for the
best services for the community so that we are not—services that are unused
are a waste and we are providing some services that are unused. When that
happens and we are wasting funds, it's not putting it towards other areas
where we can be better spending it where there truly is greater need.
The motion to approve the budget ordinance was approved by the following roll call
vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6-1
11. RESOLUTIONS AND MOTIONS
a. Adopting the Fiscal Year 2016-2021 Capital Improvements Program(CIP)
On a motion by Council Member Butler, seconded by Council Member Martinez, the
following was proposed:
RESOLUTION 2015-047
Adopting the Fiscal Year 2016-2021 Capital Improvements Program in the Amount of
$88,178.200
Council Member Butler moved to amend the CIP to add a trail and crosswalk across
the bypass at Battlefield Parkway for$510,000 to be added to Fiscal Year 2018. The motion
was seconded by Council Member Dunn.
It was noted that an escalation (inflation) factor would need to be taken into
consideration if this is placed in a later year. Council Member Butler modified his
amendment to$240,000. Council Member Dunn agreed to this modification.
Council Member Comments/Questions:
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• Dunn: As we go forward on this, the time is pushed out far enough that it
gives us a chance to do adequate safety studies. I would be for it as long as it
is very safe. People come buzzing through that intersection, never mind
citizens. I hope that we do an adequate safety study and would be willing to
fund it if it can be safe.
• Burk: Can we add things to the CIP and not have an impact to the funding?
Staff answer: We don't have any available capacity for new debt until 2021.
It would have to go out to 2021. There is always the possibility between now
and then the town could get more proffers for transportation.
• Butler: Next year we can look at it again. Things might change.
• Burk: So we can add all sorts of things.
Staff answer: But you don't have funding for them. Staff would caution
Council on that approach. You take the risk of putting projects in the CIP in
the out years that are promises to the taxpayers to do, but then you may not
be able to do because of funding. It is recommended that funding is identified
prior to spending.
• Burk: Would we have to knock a project out?
Staff answer: If you could not identify funding, it is possible. It is advisable
to put it in year six, then in the ensuing years we can look at options for
funding. Years ago when we put projects in the CIP with no realistic plan on
how to pay for them, it created expectations that the projects would be
completed. The bond market is aware of the town's realistic CIP. If the CIP
doesn't fit into the long term sustainability plan, the AAA ratings may begin
to crumble.
• Burk: Weren't there safety concerns?
• Umstattd: There was concern that putting a visible crosswalk there would
lure people into the false expectation that it is a safe pedestrian crossing, when
it would actually not be safe.
Mayor Umstattd offered a friendly amendment to put the project in 2021 instead of
2018. It was not accepted as friendly.
Council Comments/Questions:
• Dunn: If we were seeking county funds, do we not have to have things on the
CIP to go to them to justify funding for that?
Staff answer: Not by policy, but after conversations with county budget staff
in terms of Veteran's Park and one of the consistent comments was whether
there was any town funding included in the CIP for design or feasibility
studies for Veteran's Park. Because there wasn't any, they pointed at that lack
of commitment by the town. There is a possibility to reach out to NVTA
given that this is an intermodal and it is a safety issue dealing with traffic.
There is no guarantees, but it will take a year to see if it is an option. One of
the differences with the CIP process this year is that we taking the revenues
and matching the revenues to fund the project with the expenses for the
project. The rating agencies noted that this was a way that the town exercises
fiscal discipline.
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• Dunn: We could put county funding, which is a revenue source and that does
give us three years to try to accomplish that.
• Martinez: I do not support any additions to any CIP any time soon. I've
always said that we need to sit down as a Council and if we have new projects
that we want in the CIP, we need to do a thorough vetting of that. As Clark
has said, we have to identify revenue streams. I don't disagree that we need
these projects, but we need to make sure we have room in the CIP. If there
are projects in the CIP that this Council feels we can take away, then we can
add this in its place but this is not the place to do it. We need to sit down and
commit as a Council to go through that CIP and figure out what we want to
add to the CIP, figure out if we have the funding for it. If we don't have the
funding, then find funding or remove projects from the CIP, which again is
something I would be really against because as I stated in the past, we have 25
years out on the CIP. We have made promises to projects that we couldn't
fulfill and residents were getting unhappy. Now my personal feeling is that if
we can't fulfill a project within six years, it shouldn't be on the CIP. We can
debate this for the next two or three hours and I'll be here listening, but as far
as I'm concerned, this is the wrong place, wrong time to do it. We need to, as
a Council, commit to talking about this. Again, it sounds so easy to add
something to the CIP. That's long term debt that we need to make sure we
manage correctly and I think that right now is not the place to do it. If we are
going to make any more additions to the CIP, I'm an automatic no.
• Hammier: I guess ultimately whether we want to do it tonight or put it off for
a future work session item in terms of adding things to future projects on page
193 currently. Ultimately, we are not going to impact anything this fiscal
year. I will support putting it on a future project list, but I also can
understand that we could come up with any number of important projects
that we could put on this future project list tonight, but I know we have
another major topic coming up right after this one.
• Fox: I have to agree with Tom's safety issue. That's traffic craziness down
there and I'm worried about it as well. I was wondering if there was any sort
of future project that we were thinking about at this intersection if we can find
funding through the state or anything? Was this one of those key
intersections we were talking about? If that's the case and we are looking at
down the road, why would we do this right now? If we were looking at
changing this intersection structurally, it might be a moot point. I was a little
concerned as well about the funding—putting the cart before the horse. I
think it's a good idea safety wise. I can see where there is a need for this—I
honestly can, I'm just very, very concerned about the safety issue. I just sit
there and watch these cars sneak through the intersection,just because they
have to get across the intersection at these key times. I think it's a safety issue
as well.
• Hammler: Could we get clarification—there's no money, speaking of the
same topic—for the proposed interchange at that same location so is there any
staff guidance relative to obviously this is much more manageable given the
scale of funds that we would be requesting for one versus incorporating some
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sort of multi-modal feature across an intersection, but any staff guidance
would be appreciated before we put this on the future list.
Staff answer: The interchange for Battlefield at the bypass is currently in the
priority future list of the CIP. The estimate on that project is a very, very
rough estimate of$57 million. That is our third priority interchange with our
first priority being Edwards Ferry at the Bypass, the second being Battlefield
at Route 7 and this being the third priority interchange. So, we do not have a
funding source other than NVTA identified as a potential funding source for
this interchange. We have not put this project through the NVTA application
for the 599 process for funding, so it is at least four years away before it could
go through the 599 process to be ranked by VDOT. We could apply for the
NVTA funding, but it would not rate well because it has not gone through the
599 process.
• Hammier: Isn't it conceivable that identifying list— and we can debate
because I know the rebuttal is it is not safe to have an actual crosswalk across
the bypass, but highlighting that this is such an important safety issue to be
able to have that multi-modal access and putting it in the future list could
facilitate the justification if we have it on this future project list if we do apply
for future funding sources.
Staff answer: With it being in our priority list, it does not preclude us from
applying for the NVTA funding. It does not have to be in our active six year
plan for us to apply for the NVTA funding. It is listed as a 20/40 transaction
plan, which is step number 1. Step number 2 is to go through the VDOT
ranking process. So, we can request the funding but the 599 process will not
be done again for four years.
• Dunn: Just to remind everyone that the Board of Supervisors were able to
come up with$2 million that we did not necessarily ask for to do a study of
this intersection and going up to the Edwards Ferry/Raspberry Falls
intersection. Somehow they came up with $2 million to do that. Part of that
study could have safety studies on this intersection, which may help us in
determining whether its even safe to have that, but again, I would suggest that
if we want to consider putting this in the CIP, if Council would be willing to
accept that we put in that we seek county funds. If there is a desire to push it
off to 2021 to keep it in the CIP, I would be willing to make that as a motion.
Council Member Butler accepted Council Member Dunn's suggestion to have the year
changed to 2021.
The motion to add the crosswalk at Battlefield Parkway and the Rt. 15 bypass in 2021
was approved by the following vote:
Aye: Butler, Dunn, Fox, Hammier and Mayor Umstattd
Nay: Burk and Martinez
Vote: 5-2
Council Member Butler offered an amendment to add water features to Mervin Jackson
Park for$350,000 in 2021. The motion was seconded by Council Member Hammier.
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Council Comments:
• Butler: Just wanted to remind people, like I said yesterday, when Parks and
Rec looked at the potential Mervin Jackson Park, water features were
overwhelmingly the most popular features that the public wanted. I think the
main purpose of this will be to help bring people downtown, which we need.
I think this would be a great amenity to add to the downtown and the town.
• Hammler: We've been working with Parks and Rec staff on design and I
concur it could be a very important way to bring people downtown and create
a destination.
• Umstattd: Right now, the motion to amend the CIP would be to put
$350,000 water features at Mervin Jackson Park in 2021. I supposed you'd
reject any proposal for me to just dig a hole and put some water in it with a
fountain?
• Butler: If staff thinks that's a good design and it meets stormwater
management requirements and all that, I'd be more than happy to support it.
• Burk: Now we're adding another project that goes on the CIP that we don't
have funded that we have told the rating board that all our projects are funded
—now we are adding projects and I suspect we will be adding more projects. I
mean as much as I think the water feature is a great idea, but I'm not
comfortable adding all these projects to a CIP that we don't have funding for.
I do remember when it was way out that we were promising all sorts of stuff
and if we want to go back and do that again, I could add some stuff too, but I
thought we were staying within our management plan and making sure that
we had funding for any projects. If we added a project, we were going to take
something out. So,just by adding things, I'm not comfortable doing that.
I'm sorry. I'd like to work on helping get some funding—whether it's from
grants or donations for the water feature,just like we're doing with the mural,
but I don't think adding things to the CIP at the last minute like this without
the funding is very dangerous and I don't think it's a good policy.
• Martinez: You did not include an escalation factor in that park, so it's going
to cost more than what was just said. If you add them up together, we are
going to add almost a million dollars worth of added CIP projects that we
need to find funding for, which is about a 1.5 to 2 cents on the tax rate.
• Dunn: I think it's a little pricey. Somehow I just feel it could be done for less.
I've seen a number of different water features and I think there are all kinds of
size, shapes. I can appreciate the desire to have a water feature there, but I
think the cost is a little high for what might be an effective draw to that park.
Hey, Arkansas we fill up the back of the pick up and call it a pool. I would
have to pass on this, although I think it would be a nice touch to the park, I
think the dollar amount we are suggesting is too much.
Staff comment: The escalated cost based on the original estimate for 2021,
would be $462,500.
• Umstattd: I'm not going to support this at this time. I can't justify this as
potentially a public safety issue. We are still spending over$5 million for
projects for the downtown. At the very least, I would want to see if those
work to bring people downtown, which has been the assumption that most on
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COUNCIL MEETING April 14, 2015
Council have had for all the downtown improvements. So, I don't want to
add something else on at this time. It may be the majority of Council is
correct and the downtown improvements will bring more people downtown.
That might accomplish the purported goal is. I love water features. Dave
sent out an email with some really attractive ones, but I do feel this is too
expensive. They are something that is not a public safety project.
Council Member Hammier offered a friendly amendment of deleting 2021 and adding
the description and estimated cost under priority future capital projects. This was accepted as
friendly.
• Burk: We are not funding it. It is not going in the CIP.
• Dunn: It's listed. The only thing is whether it has been designated as to what
portion of the future CIP. Priority or the next section that does not have
dollar amounts.
• Hammier: I was suggesting priority future capital project, the estimated cost
is listed and the status would be awaiting funding, which can include seeking
sponsors, grants and any other number of funding sources.
Staff answer: The first list on page 193 is priority future capital projects.
These are projects that Council has identified as very, very important to the
town and should be completed as soon as funding becomes available.
Estimated costs have been identified. On page 194, potential future projects
are projects that the town is interested in, but actual dollar amounts have not
been identified. Neither one is in the six year CIP.
• Butler: Just a couple of clarifications. The Vice Mayor, while I applaud her
enthusiasm to maintain the six year plan, we have been told by staff that in
2021 funding is available so this would not affect the six-seven year plan.
That is why we pushed the other project out to 2021 and we could have done
the same thing to this project without affecting the plan that we put together.
One clarification on Council Member Martinez' comment about the 1.5 cent
tax rate. That does not apply. A million dollars in capital does not equate to
a cent and a half on the tax rate. A cent and a half on the tax rate would be a
million dollars in any one particular year. Yes, that would be one and a half
cents on the tax rate, but a million dollar capital project over 20 years might
be about$50,000 a year, which would be less than a tenth of a cent on the tax
rate. I just wanted to clarify those for people paying attention to the budget.
Other than that, this is one of the top ten things that people in town would
like to see downtown and have said it would encourage people to come
downtown. Similarly, wider sidewalks is going to do that to a certain extent,
but it is a different demographic. This is something that we've talked about
before as to bring families down here. There is currently nothing downtown
really that encourages families with small children. This would do that, so
I'm encouraged to at least hope that this will get on the future items.
The vote to add$462,500 to the future priority list for water features at Mervin Jackson
Park was approved by the following vote:
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COUNCIL MEETING April 14, 2015
Aye: Burk, Butler, Fox, and Hammier
Nay: Dunn, Martinez and Mayor Umstattd
Vote: 4-3
Council Member Fox proposed an amendment to the CIP to direct staff to set up a
meeting with the School Board and the County with the aim of discussing the location of the
skate park.
• Umstattd: I'm trying to think, Suzanne, how you can accomplish what you
want to do.
• Butler: We have in the past had put specific constraints on construction or
design/construction of a particular project—it can't start until a certain event
is triggered. This is similar to that, only it's a little bit softer. I think if I can
speak for Council Member Fox, perhaps a little bit out of turn—since the
construction/design isn't supposed to start on the skate park until July
anyway, a meeting within the next three months would be prior to the start of
design and construction. It is kind of the same thing without being quite as
restrictive.
• Fox: I'm not looking for a change in dollar figures. I am looking for a
meeting to maybe look at the opportunity to be a little bit more fiscally
responsible about this. I think there is an opportunity and I think it might
help us to look at it.
• Martinez: If you would like to ask staff to do that before the design begins, I
would be willing to support that.
• Umstattd: I can support a meeting with the county. I would not support
delaying the start of this project.
Staff answer: If you are comfortable moving forward with the design as Mr.
Williams spoke earlier, as part of the design there is an outreach component
to the community of skate boarders themselves. An additional outreach
component to the school board is not out of line. It all falls into the planners
of the design and the outreach effort. I think we can simply incorporate that
aspect into the conversation as Rich is going out and meeting with the public.
• Hammier: My initial reaction, although I appreciate where Kaj is coming
from, I think the spirit of what—and I don't want to put words in Suzanne's
mouth, but the intent of this meeting is to look at other locations. That is a
very specific thing as relates to something that may amend the CIP moving
forward, but in terms of as you pointed out earlier, it may increase the actual
cost of the design yet may be able to sell the land in which case it just changes
the spirit of how we make decisions on the CIP to move forward. So, Marty
simplified it in terms of concurring with meeting but we would have to deal
with the specific decisions when we get the details.
Staff answer: From a Capital Projects perspective, if the direction from
Council is that we meet with the School Board and find out what alternatives
are there—if it does become possible or practical to move the location, we
could handle any change to the project as an amendment to the CIP after July
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COUNCIL MEETING April 14, 2015
1. So, if there is a cost change or a scope change or something along those
lines, it can be handled as an amendment to the CIP.
• Fox: I'm comfortable with that; however, at this point the discussion has
been staff to staff discussion. I would like a school board discussion. I would
like the attorney for the schools involved in this. I know there might be some
potential liability issues. I'd like all bases covered. I'd like it properly vetted
if possible and before we go on and just say "okay, we are going to go ahead
and appropriate the funds and just renovate", I think there are different
options out there.
• Umstattd: It's really kind of hard. In order to make this a little bit neater, I
would recommend we amend the agenda to allow you to raise a motion after
we have voted on the CIP to ensure that Council directs staff to make that
outreach part of their process. I can't support anything that appears to delay
this project, but I have no problem supporting a motion to make sure part of
the outreach includes the school board and their attorney. I'm not sure I can
vote to amend the CIP on this, but I certainly could support you in a motion
after the CIP is adopted to make sure that with this project we do have that
additional outreach.
• Butler: Would you allow that resolution as part of this overall agenda item?
• Umstattd: I think we could. We could certainly bring it up right after as part
of the agenda item. I just can't support something that risks delaying the
skate park going forward.
• Butler: I don't think there is that intent—I think she just wants that meeting
before July 1.
• Umstattd: I think the best way to accomplish that is to have a separate
resolution after the CIP is adopted to direct staff to ensure that kind of
outreach happens before July 1.
• Butler: I guess my real question is, can we do that as part of this overall
agenda item or would you want us to bring it up as new business and suspend
the rules, because to do that we'd need a unanimous vote.
• Umstattd: We could certainly—I mean I could support it either way.
• Dunn: I think that we have a motion upon the table. To determine that the
motion would be acceptable by legal counsel, that it does fall within the
parameter, I would like to go ahead and second the motion so that we could
go ahead and continue this discussion under proper procedures and I would
like to offer a couple of friendly amendments — at least one that may fall in
line with what you are looking to accomplish.
• Umstattd: Right now, the motion would be to amend the CIP to incorporate
that aspect, which is why I'm having problems with it being germane.
• Dunn: What I was going to suggest is rather than it just be a meeting that we
put in there what the meeting should address, which is to either seek an
additional location or additional funding for the project and that be
determined within three months, which should not delay. Should that not be
accomplished within three months, the park continues to go on as scheduled
July 1.
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• Martinez: This CIP discussion is about capital improvements projects and
funding. It is not discussion on how to implement them.
Staff answer: Right, the only problem that I have is it is the CIP with a
project that there is going to be a conversation about where it is even located.
I guess if we have done that before or if it won't delay the project...it's not
what we've done before. That's my only trouble. I think that's what the
mayor is thinking too, but it's not impossible.
• Martinez: Should that not have been included in the CIP before you ruled on
it because we are changing—would we have to readvertise?
Staff answer: We are changing the language of the CIP, but I don't see that
you would have to readvertise. It is just unorthodox. I don't think it's
illegal. It is late and it is hard for us to wrap our brains around, but if it is like
a trigger that we have done before, I don't have a problem with it.
• Burk: Wouldn't it just be neater to vote on the CIP and then do it as new
business?
Staff answer: Yes, you could do it that way as well.
• Burk: I, like the mayor, am not interested in delaying anything. We've talked
about it, we've gotten the public input. We got information from the staff of
the school that they are not interested. I understand what Council Member
Fox is trying to do and she has contact, obviously, with someone on the
school board; but I'm concerned that this will delay things and have a
negative impact on it and I want to make sure that doesn't happen. So, if it's
cleaner to do it as a new business item, I would prefer we do it that way.
• Fox: There is an interest, and that's why I'm bringing forth this right now. I
think there is a better option out there for us as opposed to just saying okay,
go forth with the expenditure and not look at other options or possibilities. I
don't see an issue with keeping the skate park. I think we've heard from the
crowd that it is something that is wanted in the community. I see the benefit
for it. But, I also think it can be done in a different way that could be cost
effective for us.
• Dunn: I would also suggest— and that's why there is a kind of impasse as far
as a friendly amendment or committing a motion, but again tying into the fact
that we are looking for possible locations and funding from the county for
this. I think bringing this up to speed, which is what Kelly did, they pointed
out that this is a regional attraction—not just a Leesburg attraction. Once
again, we are providing a service to Loudoun County and Leesburg taxpayers
are footing the whole bill. So, if there is an opportunity to seek funding
within three months in another location, I would request that we add that to
the wording for passage of the CIP.
On a motion of Council Member Butler, the following friendly amendment, seconded
by Mayor Umstattd, was proposed:
Add the words "and direct staff to set up a meeting between Council, school board, and
Board of Supervisors by May 30 to discuss location and funding of the skate park".
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COUNCIL MEETING April 14, 2015
The amendment to the CIP resolution was .� l .accepted as friendly.
Y
• Butler: That would not delay anything in the CIP. It would not affect the
CIP directly at all. It would just direct staff to set up a meeting. If we have a
productive meeting, then Council can take additional action, if they so
choose. If they don't take any action, then they don't take any action, but at
least we've had a meeting to discuss it with the two boards.
• Dunn: Going to the issue of the land, by having a meeting—pushing it off
two months, wouldn't staff since this is going into the CIP that is going into
effect July 1, doesn't that basically have them moving forward on a project
without us even having a location?
• Butler: They are not moving forward on the project until July 1 because
that's the start of the next fiscal year. So we have to have a meeting before
then.
• Umstattd: Clarification of who will be invited—representatives of the School
Board, Loudoun County Board of Supervisors, Town Council, and Parks and
Recreation.
The motion to amend the adoption resolution was approved by the following vote:
Aye: Butler, Fox, Dunn, Hammier, and Mayor Umstattd
Nay: Burk and Martinez
Vote: 5-2
• Martinez: This is not the CIP we started with. We've over complicated it.
We've added things to it that are not funded. I just can't support it.
The FY2016-2021 Capital Improvements Program was adopted by the following vote:
Aye: Butler, Dunn, Fox, Hammier and Mayor Umstattd
Nay: Burk and Martinez
Vote: 5-2
b. Amending the Zoning Ordinance Revisions to Definitions and Performance
Measures for Office and Industrial Uses
On a motion by Council Member Butler, seconded by Council Member Burk, the
following was proposed:
ORDINANCE 2015-0-010
Amending Articles 6, 7, 8, 9, 11 and 18 of the Leesburg Zoning Ordinance to Update
Definitions and Regulations for Office and Technology Land Uses
Council Comments/Questions:
• Dunn: When we initially sent this to planning, it seemed like we were
looking to trying to get some answers to working with the wording of
industrial. It seemed like the folks kind of go more on research. I think
because of the current zoning issue that created all of this, it seemed like the
Planning Commission and staff started looking at research type business
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COUNCIL MEETING April 14, 2015
rather than just industrial and we still have the word industrial in the
definitions. I was hoping that we could come up with a word that would not
scare people so much in that they were arguing what industrial was. So, I
appreciate staff and the Planning Commission's efforts on it. I'm going to
support it although I don't feel it really went towards what we were trying to
accomplish.
• Hammler: Is the motion to approve the resolution?
• Umstattd: This is an ordinance amending the zoning ordinance revisions to
definitions and performance measures for office and industrial uses.
• Hammier: I know it's a big topic and we were planning to have an entire
briefing. Are we having the briefing—shall I make comments on it or are we
just moving forward to approve it?
• Umstattd: You can make comments on the motion, if you'd like to at this
point. That's where we are.
• Hammier: Just appreciate staff's excellent work on what I think is pioneer
work relative to how the whole class A office has shifted. It is a huge step
forward making dramatic progress with things like embracing the Maker
Movement and really being innovative as a town in terms of preparing
ourselves. The restrictions are very reasonable and I think we are going to get
a great deal of support and hopefully a real boost for economic development.
Could you just confirm where we are with the 0-1 and the question I've asked
about that in terms of how we can bifurcate an entire zoning section? There
may be a couple of sections that could be included to add it to the 0-1 or call
it something separate?
Staff answer: It is possible to do with the criteria and performance standards.
It would differentiate where you want to allow office with some research
component and where you don't. As long as you have a defensible position,
which I think we could create a performance or use standard, then it could be
allowed in office. That office change was not proposed in the ad for the
public hearing and I believe would require readvertising.
• Hammier: That's the key point and then I can bring that up as necessary. We
just want to make a slight amendment in the future for a couple of sections.
• Fox: I was privy to a meeting just to get some information on this and I felt
very comfortable with what I've heard and I really don't have any follow-up
questions.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: None.
Vote: 7-0
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
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a. National Day of Prayer's request to use the Council Chambers on May 7,
2015.
Council Comments:
• Hammier: I don't think we need to take this up because we passed a
resolution when we did this last year that there would be no requirement for
any group to officially have this voted on. It is an administrative decision
based on the availability of the Council Chambers.
Staff answer: I do remember we discussed that, but I do not remember the
outcome.
• Hammier: I remember a resolution. I don't think we need to vote on it.
• Umstattd: Do you have any objections if it turns out that this was not the
case?
• Dunn: It may be administrative, but if someone comes to Council seeking
that because there is a conflict, we should be informed of that.
It was Council consensus that there would be no objection to the National
Day of Prayer using the Council Chambers.
15. COUNCIL COMMENTS
Council Member Dunn had no comments.
Council Member Butler mentioned the tree planting on Friday at 1 p.m. He passed
out some Northern Virginia Regional Commission guides. He requested the Flower and
Garden volunteers be scheduled recognition for the first meeting in May. He stated he had
attended the funeral services for Chris Joseph, Parks and Recreation Commission member
Jan Joseph's husband. He stated she is a valuable volunteer for the town and expressed his
sincere condolences for Ms. Joseph and the family. He noted his microphone is not
working correctly.
Vice Mayor Burk stated she attended the 110 Fitness Ribbon Cutting with the Mayor
and Council Member Hammier in the Exeter Shopping Center. She stated the owner's
story is quite inspirational and this business is a great addition to the economic vibrancy of
the town. She commended Parks and Recreation for the wonderful job they did with the
Ringing of the Bells ceremony, which was pulled together quite quickly. She stated it was
very inspiring to be part of the celebration of the end of the Civil War. She stated she
attended they also attended the Hair Salon Ribbon Cutting. She congratulated all the
officers that were recognized at the Valor Awards. She stated the Homeless Shelter is
raffling off a quilt and will be having a health fair in May where the winning ticket will be
drawn. The money goes to buy things the residents cannot afford. She stated the Girls
Softball opening was great and congratulated the Loudoun Hunt for their successful Point to
Point Race on Saturday.
Council Member Martinez expressed his condolences to the Joseph family. He
stated the opening day for softball was very enjoyable. He stated he voted against the CIP
because he felt they were adding unfunded projects to the list. He stated he cannot in good
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COUNCIL MEETING April 14, 2015
conscience vote for promises to the public that are not funded. He stated he is happy it was
passed and the skate park was funded.
Council Member Hammier disclosed a phone conversation on April 10 and ran into
Bob Scylla on April 12 regarding the O'Connor property. She thanked Council for the
support moving the new business item forward regarding the potential to get the 40 acres
adjacent to the passive area of Ida Lee proffered to the town as part of negotiations and
discussions over a possible boundary line adjustment or annexation. She stated that was the
number one choice of the residents when polled about the Symington funds. She stated
there is currently a land development application that would have by-right houses on a
topographically higher elevation right over the passive area of Ida Lee. She stated she
appreciates that the town will work hard to negotiate a win-win because that is one of the
most important assets of the town. She stated she would like to comment on Council
Member Dunn's final comments regarding the budget. She stated she was saddened that he
specifically pointed out that some Council members may not be working earnestly on the
budget. She stated she got good guidance regarding revenue that could amount to $4.5
million that was a new source for fire and rescue that could have offset the $650,000 that the
town was committing. This would have had a substantial impact to the general fund. She
stated she worked diligently to get all the facts. She stated she appreciated and understood
the time and effort that Fire and Rescue took to come forward and explain this as part of the
budget process. After understanding that there is some unpredictability with those funds,
she felt very comfortable supporting fire and rescue. She stated it is very important for
Council to get involved at the fire and rescue board level. She stated she is sorry that there
was a perception that Council was not working earnestly and hard on the budget.
She stated she has a list of the great things that Council members participated in last
week. She stated that Vice Mayor Burk highlighted a lot of them, but wanted to
congratulate Melt, which was voted by MSN as the Best Burger in Virginia. She also
expressed condolences to the Joseph family on the devastating news of the death of Mr.
Joseph. She stated it was an honor to listen to the depth of friendship that members of the
community expressed at his funeral services.
Council Member Fox stated she appreciates the budget which was very responsible.
She stated she will bring up some sustainability issues that she has at a later time. She stated
she will have to forgo the tree planting event at Douglass Elementary because she will be
attending the second half of her Certified Planning Commissioner training. She stated she
was privileged to attend the Valor Awards. She stated that the Love Your Neighbor, Feed
Your Neighbor project is very near and dear to her heart because she was part of the
inaugural committee for this project. She stated it is wonderful to see how all the different
communities come together to support this.
16. MAYOR'S COMMENTS
Mayor Umstattd expressed her condolences to the Joseph family. She stated Mr.
Bodmer also passed away at the end of March. She noted his wife, Joanne, was the long-
time registrar for many years. She stated that she and Vice Mayor Burk were fortunate
enough to attend the Pakistani Easter celebration at the Church of the Holy Spirit. She
stated it was a wonderful experience. She stated the organizer drew a sharp contrast
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COUNCIL MEETING April 14, 2015
between his beloved Pakistan where everyone is afraid to worship as they choose, and the
United States where everyone has religious freedom. She said he asked everyone to bless
America because if America falls, the world falls.
17. MANAGER'S COMMENTS
Mr. Dentler thanked everyone for their support on the passage of the budget. He
extended his condolences to the Joseph family. He wished Council Member Martinez best
wishes on the wedding of his daughter. It was noted that the Flower and Garden Festival is
this coming weekend.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting
was adjourned at 11:07 p.m.
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