Live Blog: Town of Leesburg Council March 8 Meeting

Update, 11:14 p.m.:

Reid presented a resolution regarding the proposed Juvenile Detention Center, which would ask the Loudoun County Board of Supervisors consider alternative locations, not so close to residential areas.

 The council divided the question, voting to endorse a citizen committee to look at alternatives and to appoint Mary Harper. But some members were concerned that that there were too many issues in the rest of the resolution, and that it was unclear.

 They tried to simplify the resolution.

 The biggest issues among residents were moving juvenile detention center away from the Kincaid and Tavistock communities, and that cut through traffic not use Kincaid Boulevard, Umstattd said.

Wright wanted to table the discussion, which Martinez supported, however, this failed on a 3 – 3 vote, with Hammler, Reid and Umstattd opposed.

 The divided resolutions, however, both deadlocked, 3 – 3, with Hammler, Reid and Umstattd in favor.

 The council then voted to tell the Board of Supervisors to find another, alternative location for the juvenile detention center, and leave the other items for a future work session.

Update, 10:37 p.m.:

The council then considered expanding the Utility Rate Advisory Committee to include an out-of-town ratepayer as a member, bringing it from nine members to 10.

 This might be the first time the town would grant a specific organization, in this case Citizens for Fair Water Rates, a seat on a committee according to Irby, who said this was not a good idea.

An additional out of town customer would be needed, and might have been a member of that or a similar organization, named by the council.

Wright moved to adopt the ordinance, but to omit that language. Martinez seconded.

Wright added that he hoped this would help move the town forward, and avoid further controversy over water rates.

“I can almost be certain that this isn’t the last chapter… but I think that this is a good faith gesture on our part to heal any open wounds,” Butler said.

Reid said he did not want anyone to think he was “casting aspersions” on the Citizens for Fair Water Rates, which he said has many knowledgeable members.

Umstattd said she strongly objected to adding members from out of town, and “diluting the authority” of Leesburg residents over their utilities.

It passed 5-1, with Umstattd dissenting and Dunn absent.

Update, 10:09 p.m.:

Reid made the motion to approve, seconded by Martinez.

“One of the things that has me excited about this is that it’s going to encourage new investment,” Wright said.  He said he hoped the district would help remove hurdles to potential, creative investment ideas.

Butler said “it is an easy decision” for him to support the creation of the district, because it won’t cost the town much, and the potential rewards outweigh the cost.

Mayor Kristen C. Umstattd said she has a philosophical problem with the town government subsidizing the arts. She said live art will probably bring people downtown, but loopholes in the proposal could allow people to have private art, and still receive subsidize.

The council voted to create the district 5-1-1, with Umstattd dissenting, and Dunn absent.

Update, 9:57 p.m.:

The council next held a public hearing on a proposed Arts and Cultural District.

Ara Bagdasarian and Pamela Butler, chair of the Commission on Public Art presented the proposal, saying their goal was to strengthen the town as a destination, and honor the fact that it has been a cultural center of Loudoun County.

“It will help create a unique brand for downtown Leesburg as an arts and cultural district,” he sad.

The district would cover the Historic and Crescent districts. There would be incentives for arts organizations to locate downtown, such as tax rebates and zoning permit exemptions.

Butler added that she always finds it difficult to ask governments, especially in tough economic times, for money to support arts, which are seen as a luxury.

However, she said local entertainment can help people take their minds off their problems, and it can generate local money and help the town’s economy grow.

Update, 9:43 p.m.:

The fence was built to give the Marshalls a sense of privacy, Price said, adding it was their refuge from Washington, D.C. “It was their Camp David, so to speak,” he said.

 Jeannette Irby, town attorney, said a former town attorney found that the fence was contrary to law from the very beginning because of the location of the fence was in the “front yard.”

 Price said Irby “was raising a new ground for overturning the decision.” He said the issues for the council to look at were those that were raised in the appeals.

 Leigh said no one had rebutted his assertion that the BAR used the wrong standards, and that the council would still be acting appropriately if it reversed the decision.

 Vice Mayor Wright moved to reverse the decision, and Reid seconded.

“This is one that is very clear to me that it was contrary to law at the time of the approval,” Wright said.

“I’m sorry that this has taken five years, but I will be supporting reversal,” Reid said.

 Martinez said that he was distressed that it took so long to reach a decision, and he hoped the town and Dodona Manor would remain civil.

 The council voted 6-0 to reverse the decision, with Dunn absent.

Update, 9:15 p.m.:

Brian Boucher, deputy director of the Planning and Zoning Department, presented an item on a six-foot fence on the property of Dodona Manor on East Market Street.

George C. Marshall appealed for a proposed six-foot fence along East Market Street, which had been denied because such a tall fence is not allowed in a “front yard,” under town zoning code.

The area in question is now considered a “rear yard,” and this is allowed with the proper approvals.

 But in December of 2006, the Board of Architectural Review approved the fence, when this was still considered a "front yard."

The council must decide if the BAR acted contrary to the law, or affirm the board’s decision.

 Ronald Russ, one of those who appealed the decision to allow ithe fence, said “the marvelous renovation of Dodona Manor provides a gateway into the historic district.” He added that the fence was not an enhancement to the historic district.

Benjamin Leigh, Russ’ attorney, said the board applied the wrong test — one for an existing structure, which the fence was not. Because of this, he said the council should honor the spirit in which the board’s decision was made, but overturn it because it was an error of law.

Dieter Meyer, speaking for the BAR, said that at the time he was its vice chairman. He said “the BAR reviews each case individually and on its own merits.” He said it looked at the case, and its decision to approve the fence is appropriate.

Steven Price, president of the George C. Marshall International Center, explained the significance of the home. Marshall planned victory in World War II, served as Secretary of State and Secretary of Defense, and built a similar fence during that time.

“It’s historic because of Gen. Marshall living there,” Price said.

Update, 8:36 p.m.:

The council commented on the proposal.

Vice Mayor Kevin D. Wright complimented Wells and the budget team on their work during the “difficult budget process.”

Council Member Fernando “Marty” Martinez, said he objected to the proposed reductions in force, reduction in support to fire and rescue and other community programs and deferred capital projects. “I think this sucks,” he said. “…I find it really hard to accept that.”

Wells said furloughs were not considered because they are a short-term solution “and we have a long term problem.”

Council Member Katie Sheldon Hammler said there “was a real human element” in the budget process, and that the employees who would be let go “would be missed.”

She added that it was important to her not to raise taxes on residents.

Council Member Kenneth “Ken” Reid said he was concerned about the cut back in hours at Ida Lee and also with the proposed reductions in force.

This matter was still under discussion as of the time of this posting.

Update, 8:21 p.m.: Some of the other proposed cuts to the budget came in the form of construction projects and services. The town’s capital budget for construction projects also has some deleted and deferred projects.

“We can not afford to do everything that we said we wanted to do…” Wells said.

 Leesburg Executive Airport will have to cut costs in operations and staffing. However, he said his officve would commit “significant staff resources” to making sure the airport runs smoothly. “This does not represent in any way a lack of support to the airport,” Wells said.

 Wells scheduled the following dates to discuss the budget: a budget work session March 15 from 9 a.m. – 3 p.m., a public hearing on March, final mark up April 11, and setting the tax rate and voting to approve the budget on April 22.

Update, 8:12 p.m.: Town Manager John Wells presented the proposed budget for fiscal 2012 and 2013 to the council.

Wells said the town’s main goals are a long-term, sustainable budget and minimizing impact to services.

Six months ago, the gap in the budget was estimated at more than $3.2 million, but with revenue adjustments like a proposed cigarette tax, this gap has closed somewhat, to about $1.8 million.

Wells said the most important effect of this gap is a reduction in staff, services, programs and overhead cost.

Some positions at Balch Library will not be filled, and Ida Lee Rec Center will have fewer operating hours.

The airport, Community Enhancement Team, Street Maintenance and Parks and Rec programs will need to be run more cost-effectively, he said.

“None of these programs are being eliminated,” he said.

Finance,  the Town Manager’s Office, Human Resources and Information Technology will lose employees due to the cuts.

“We’ve reviewed every line item in the budget at least three times,” Wells said. He added that it may be important to reduce town support for outside organizations like Loudoun Count Fire and Rescue and schools.

The approved fiscal 2011 budget was $91.2 million, and the proposed budget for this year is $83.8.

This item was still under discussion at the time of this posting.

Update 7:57 p.m.:

The Town Council saw a wrap up presentation of “First Night Leesburg,” the town’s family-friendly New Year’s Eve celebration. The event had about 3,500 attendees, and 45 performing groups at locations around town.

The event generated a net of more than $12,000.

Bad weather had caused poor attendance at the outdoor event for the past couple of years, however good weather this year yielded a more positive result. Organizers presented a framed thank you poster to the Town Council to thank it for its support.