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HomeMy Public PortalAbout1995_03_28 TOWN COUNCIL MEETING MINUTES OF MARCH 28, 1995 A regular meeting of the Leesburg Town Council was held on March 28, 199~, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesbur& Virginia. The meetingwas called to order by the Mayor. INVOCATION was given by Councilmember Atwell SALUTE TO THE FLAG was led by Councilmember Buttery ROLL CALL Councilmembers present George F. Atwell Frank J. Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Planning, Zoning, and Development Michael Tompkins Director of Engineering and Public Works Thomas Mason Deputy Town Attorney Deborah Welsh Public Information Officer Susan Farmer Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mr. Buttery, seconded by Ms. Umstattd, the regular meeting minutes of March 14, 1995 were approved as written. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following proclamation was proposed and unanimously adopted. PROCLAMATION Employee Health and Fitness Day May 17, 1995 WHEREAS, employee fitness programs can reduce absenteeism and turnover, while increasing productivity in the workplace; and WHEREAS, the month of May is National Physical Fitness and Sports Month; and WHEREAS, the National Association of Governors' Councils on Physical Fitness and Sports, is sponsoring the seventh annual National Employee Health and Fitness Day on Wednesday, May 17, 1995; and WHEREAS, National Employee Health and Fitness Day provides the opportunity for employers to introduce a fitness program to their employees; and WHEREAS, more than 3,100 employers participated in last year's Employee Health and Fitness Day across the United States; and WHEREAS, more than one-half million employees are expected to participate in non-competitive physical fitness activities this year: THE~OI~, BE 1T RESOLVED that the Town Council of the Town of Leesburg in Virginia hereby declares May 17, 1995, as Employee Health and Fitness Day in the Town of Leesburg and encourages all persons to take advantage o/free admissio~ a~d activities at Ida Lee ~:creatk~ Cr.~2z. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None PETITIONERS Stanley Caulkins, Airport Commission Chairman, provided an update of the Airport Commission's activities during the past year. Ms. Umstattd asked for the amount of federal funds the Town of Leesburg is going to lose? Mr. Caulkins responded he would know by April 13, 1995. Mr. Atwell elaborated on the April 13, 1995 meeting, encouraging everyone to attend. Richard Herndon, Chairman of the Cable Commission, provided an update of the Commi.ssion's activities during the past year. Ms. Umstattd stated there are some disadvantages in this agreement as opposed to the former agreement and added the language in Section 7 is confusing. Mervin Jackson., Chairman of the Planning Commission, provided an update of the Planning Commission's activities. He commended the town staff and recommended the Council give staff a raise. Peter O'Reilly, representing the Leesburg Economic Development Commission, addressed the Town Council requesting an additional $31,000 for advertising this year. Dr. Linda Maddox & Darshan Mehta, representing Marketel, presented the results of the Intercept research. Ms. Umstattd asked if Dr. Maddox had any advice as to whether or not the town should encourage ~battle~ reenactment events in Leesburg? Dr. Maddox responded that this is an area that deserves a lot more research. Mr. Mehta commented this was not something intended for testing, but can be looked at in the focus groups. Mr. Buttery asked if history was the real reason visitors came to Leesburg? Dr. Maddox replied that "history~ and "nice place" responses were grouped together. She added that in the post study fewer people mentioned history; most mentioned Leesburg was a nice place to visit. Mr. Buttery asked for clarification of the percentage of visitors unfamiliar with Leesburg before the advertising? Mr. Mehta answered that 26% intended to visit Leesburg this year before the advertising and 41% intended to visit Leesburg after the advertising. Mr. Buttery inquired if the question was asked regardingwhether or not the advertising had an effect on post- advertising respondents? Mr. Mehta responded the study did not specifically test an ad saying, "Did this ad entice you to come?" Mr. Buttery asked if there was any distinguishing between paid advertising and public service announcements? Mr. Mehta replied no. He added that mailers and flyers were very effective. Dr. Maddox invited everyone to forward questions for the focus group to her. Ms. Umstattd questioned the kind of entertainment people want? She also asked Dr. Maddox to find out what people mean when they say "nice place", and what the town might inadvertently do to destroy that very attraction? Mr. Trocino asked if the study would be influenced by the nature of the visitors in terms of the event at hand? Mr. Mehta responded that surveys would be done of visitors walking in town even when there are no events scheduled. ~2895 -2- Mr. Bob Premack addressed the Town Council regarding the newly renovated Amoco gas station in downtown Leesburg. He was distressed by the station's appearance and requested the Council research the process by which the renovation was approved. He believes the station to be detrimental to the downtown district and questioned whether or not it violates the guidelines of the Historic District. Eric Brown addressed the Town Council seeking help in providing a skate park for skateboarding and rollerblading. Walter Smith., a resident of 231 W. Market Street, discussed the abandoned property at 222 W. Market Street. He has noticed homeless people living there and expressedconcern that alcohol and drugs are being consumed on the property. Mr. Smith requested the Town Council accept responsibility of securing the house. Mayor Clem requested a report from Mr. Brown regarding a poss~le remedy to the situation. Mr. Buttery referenced a provision in the town code regarding nuisances and/or health, safety or welfare concerns that would allow the town to remove anyone found on the property. Ms. Emswiller asked if any back taxes are due on the property, suggesting this issue be researched. Mr. Brown stated if there are back taxes owed, the county and the town could seize the property. He stated there is also relief available through the Health Department. Mr. Trocino stressed the importance of quick action on the issue. COUNCILMEMBER COMMENTS Ms. Emswiller stated tonight's meeting was thought provoking due to all of the comments made by the petitioners. She encouraged citizen suggestions regarding the Council's future goals. She is pleased that the Tree Commission has been created, and hopes the town will soon have a full-time Arborist. Ms. Emswiller announced that the Flower and Garden Show is scheduled on April 22-23, 1995 and encouraged citizen volunteers. Mr. Atwell recoil, nj?ed the passing of Gerald Shipp. Mr. Trocino announced he is organizing the ~Mayor's Circler to collect information regarding the history of past Leesburg mayors. He stated he is working to encourage the continued efforts of the Loudoun Arts Council regarding the south wall of the parking garage. Mr. Trocino commented on the Internet Connection as a way to better communicate with the town's citizens. He announced VDOT is planning to make a lane reduction transition at East Market Street and the by-pass. He stated the Silver Oaks Homeowner's Association has asked the Town to accept dedication of a 4 acre park. Mr. Trocino stressed the importance of tree preservation and hopes the Tree Commission will look at the town's ordinances and take careful consideration where tree replacement is concerned. Ms. Umstattd reported the Secretary of Natural Resources addressed the NVPDC regarding the need for greater education of citizens by local government. She attended a law seminar and learned that California is steeling Virginia's small, high-tech industries. Ms. Umstattd relayed concerns by Foxridge residents regarding increased traffic noise once the Dulles Greenway opens. She stated residents may request a sound buffer. Mr. Butter~ echoed Ms. Emswiller's comments regarding needed volunteers for the Flower and Garden Festival. He encouraged citizens using Route 7 as a corridor to look at the county-wide transportation plan and contact the Loudoun County Board of Supervisors with concerns. Mr. Webb thanked the three commission chairpersons for their updates this evening. These are dedicated He provided an update of the visit by the students of Russia and thanked the town and the Council for CO32895 -3- supporting the student's visit. MAYOWS REPORT Mayor Clem echoed Mr. Trocino's remarks regarding the Silver Oaks park dedication. He reported the Balch Library received a donation of $12,000 from the Library Board. MANAGER'S REPORT Mr. Brown highlighted the Activity Report. LEGISLATION ~O.(a) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and unanimously adopted. 95-0-7 - AN ORDINANCE: AMENDING THE TOWN CODE TO ADD SECTIONS 15-21 AND 19- 31 TO ESTABLISH A POLICY FOR THE REFUND OF SEWER AND WATER AVAII.ABILITY FEES WHEREAS, the Town has consistently maintained a policy to only issue refunds of public facilities fees to the record owner of a lot; and WHEREAS, it is in the Town's best interest to codify this policy in the Town Code to provide the specific criteria and conditions in which a refund can be made: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That the Town Code of Leesburg, Vir~nla is hereby amended by adding Sections 15-21 and 19-31, which said sections are identical except for the heading and reads as follows: Section 15-21 Refund of Sewer Availability Feesl and, Section 19-31 Refund of Water Availability Fees. (1) All paid water and sewer availability fees which have been paid upon the issuance of the public facility permit (receipt) attach to and run with the parcel. Paid fees cannot be transferred to another parcel/lot. (2) In circumstances where the fee simple owner of such parcel/lot as set forth in the land records of Loudoun County, Virginia determines not to develop the parcel/lot, a refund of the water and sewer availability fees may be issued if the following conditions are met: (a) Refunds will only be issued to the fee simple owner of the parcel/lot as set forth in the land records of Loudoun County, Virginia at the time of the refund request. Co) Refund requests are to made in writing to the town manager by such fee simple owner of the parcel/lot. The original public facility permit (receipt) must accompany the request or documentation satisfactory to the town manager that the water and sewer availability fees for the parcel/lot have been paid must be submitted. (c) Any valid zoning permits issued for the parcel/lot shall become null and void at the time of issuance of a refund of the availability fees for the parcel/lot. Fees associated with the review and issuance of the zoning permit are non-refundable. (d) For the purpose of administering this Chapter, when a parcel/lot is duly transferred in the land records of the County of Loudoun, any fee paid on the public facilities permit (receipt) for that lot shall continue to be assigned to the parcel/lot. (e) No interest shall be accrued on any refunds. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Town Code. CO32895 -4- SECTION IV. This ordinance shall be in effect upon its passage. DISCUSSION Ms. Umstattd wanted to make sure this does not affect any deposits that homeowner associations might want refunded. Mr. Brown responded that this section of the code deals with availability fees only. VOTE Aye: Councilmembers Atweil, Buttery, EmswiHer, Trocino, Umstattd' Webb, and Mayor Clem Nay: None 10.Co) MOTION On motion of Mr. Buttery, seconded by Mr. Webb, the following ordinance was proposed and unanimously adopted. 95-0-8 - AN ORDINANCE: READOPTING SECTION 10-2 OF THE TOWN CODE TO CORRESPOND WITH TITLE 46.2 OF THE CODE OF VIRGINIA~ AS AMENDED THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-2 of the Town Code is hereby readopted as follows: Sec. 10-2 Adoption of state law. AH of the provisions and requirements contained in Chapter 8, Articles 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18; Chapter 10, Articles 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of Title 46.2 Subtitle III of the 1950 Code of Vir~nia, as amended, presently in effect, to the extent that such provisions are not included in this code, except those which by their very nature can have no application within the municipality, or which the violation thereof constitutes a felony, are incorporated and are by reference made a part of this chapter as though fully set out herein, and are hereby made applicable within the municipality. It shall be unlawful for any person, within the municipality or its jurisdiction to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which is adopted by this section. AH state statutes referenced in this section shall include future amendments to the state statutes. SECTION II. The penalties applicable to said violations are hereby incorporated. SECTION III. AH prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shaH become effective on July 1, 1995. VOTE Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously adopted. 95-0-9 - AN ORDINANCE: READOPTING SECTION 10-97 OF THE TOWN CODE TO CORRESPOND TO SECTION 18.2-266 et. seq. OF THE CODE OF VIRGINIA, AS AMENDEI~ AND PRESENTLY IN EFFECT THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-97 of the Town Code is hereby readopted as follows: Section 10-97. Driving while under the influence of alcohol or drugs; adoption of current state law. Article 2, Chapter 7, of Title 18.2, Sections 18.2-266 et. seq. of the 1950 Code of Vir~nia, as amended' and presently in effect is hereby adopted and made a part of this chapter as though fully s~t out heroin, and CO32895 -5- specifically, but not exclusively, Sections 18.2-266,18.2-266.1; 18.2-267; 18.2-268.1 through 18.2-268.12,18.2-269, 18.2-270, 18.2-271, 18.2-271.1 and 18.2-272 of the Code of Virginia. All state statutes referenced in this section shall include future amendments to the state statutes. SECTION II. The penalties applicable to said violations are hereby incorporated. SECTION IlL All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall become effective on July 1, 1995. VOTE Nay: Councilmembers Atwelk Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None lO.(d).(e).ff)d~), th).(i) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolutions were proposed as consent and adopted. 95-60 - A RESOLUTION: INITIATING AN AMENDMENT OF THE LEESBURG ZONING ORDINANCE AND THE ZONING DISTRICT MAP TO EXPAND THE H-1 OLD AND HISTORIC OVERI_~Y DISTRICT TO INCLUDE DODONA MANOR - REZONING WHEREAS, the property owner of 217 Edwards Ferry Road (Tax Map 48A Block 35 lot 13) has requested that Dodona Manor be placed in the Old and Historic District which would change the current zoning from both B-1 and B-2 to B-l; and WHEREAS, the property would be eligible for inclusion into the historic district as the only home owned by, General George C. Marshall who was nationally and internationally prominent and who resided at the property from 1941 until his death in 1959; and WHEREAS, the property includes an historically significant building whose preservation would be of education benefit to Leesburg's citizens and would contn"oute to the public welfare of the Town; and WHEREAS, the inclnsion of Dodona Manor in the historic district would further the purpose and intent of the historic district regulations and the goals of the town plan which in 1986 cited Dodona Manor as a historic site: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance and the Zoning District Map is hereby initiated to include the following property: 217 Edwards Ferry Road NE. SECTION II. This proposed amendment of the Leesburg Zoning Ordinance and Zoning District Map is referred to the Planning Commission for public hearing and recommendation under Chapter II, Title 15.1 of the 1950 Code of Virginia, as amended. The Planning Commission shall report its recommendation to the Town Council of the proposed amendment within 30 days of the public hearing. SECTION IlL In accordance with Section 5A-8 of the Leesburg Zoning Ordinance, the Board of Architectural Review shall make its recommendation on this proposed expansion of the Old and Historic District to the Town Council prior to its adoption. 95-61 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN STONEGATE PHASE 1, SECTION 2 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Stonegate Phase 1, Section 2 and certified that the value of the work performed is $657,503.94; and WHEREAS, a corporate surety bond in the amount of $821,879.92 from American Home Assurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Stonegate Phase 1, Section 2. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $821,879.92 is reduced to $164,375.98. CO32895 -6- SECTION II. The Town Manager shall notify the developer that liability for the corporate surety bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Stonegate Phase 1, Section 2. 95-62 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN STONEGATE PHASE 1, SECTION 4 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Stonegate Phase 1, Section 4 and certified that the value of the work performed is $251,961.60; and WHE~, a corporate surety bond in the amount of $335,635.00 from American Home Assurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for Stonegate Phase 1, Section 4. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $335,635.00 is reduced to $83,673.40. SECTION II. The Town Manager shah notify the developer that liability for the corporate surety bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Stonegate Phase 1, Section 4. 95-63 - A RESOLUTION: MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN STONEGATE CHANNEL IMPROVEMENTS WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in the Stonegate Channel Improvements and certified that the value of the work performed is $99,264.00; and WI-IE~, a corporate surety bond in the amount of $124,080.00 from American Home Assurance Company was provided by the developer and approved by the Council to guarantee installation of public improvements for the Stonegate Channel Improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The corporate surety bond from American Home Assurance Company in the amount of $124,080.00 is reduced to $24,816.00. SECTION II. The Town Manager shah notify the developer that liability for the corporate surety bond has been reduced as outlined in Section I of this resolution and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for the Stonegate Channel Improvements. 95-64 - A RESOLUTION: MAKING APPOINTMENTS TO THE LEESBURG TREE COMMISSION RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: SECTION L William Detweiler, Nancy J. Guzik and Earl W. Hower are appointed to the Tree Commission for four year terms to expire on June 30, 1999. SECTION IL Kathleen Burke Pritchard~ Lawrence M. Schonberger and Jennifer Luoma Whalle¥ are appointed to the Tree Commission for two year terms to expire on June 30, 1997. SECTION IIL Councilmember Joseph R. Trocino shah serve as the councilmanic representative on the Tree Commission whose term of office shah correspond with his official tenure of office as a councilmember. SECTION IV. For purposes of initiating commission activities the Council hereby appoints William Detweiler to serve as acting chairperson until a permanent chairperson is selected. 95-65 - A RESOLUTION: ADOPTING POLICIES RECOMMENDED BY THE TOURISM TASK FORCE AND FORWARDING DISCUSSION OF THE FINANCIAL COMMITMENT TO BUDGET DELIBERATION WHEREAS, tourism is an important, growing sector of the local economy and a significant CO32895 -7- component of the economic development strategy for the town; and WHERF_a~, through the town and county economic development commi~ions a joint tourism task force was jointly formed by both the Leesburg Town Council and the Loudoun County Board of Supervisors in order to analyze a means to boost tourism efforts; and WHEREAS, the task force made a presentation before both council and supervisors on March 7, 1995; and WHEREAS, public hearings and input were an integral part of the task force process; and WHEREAS, adequate funding is necessary to implement an effective tourism program; and WHEREAS, the Tourism Task Force's report recommends a five year strategy for ;town, county and private funding levels; and WHEREAS, both Town Council and Board of Supervisors discussed elementsof the proposed funding at the March 7, 1995 joint meeting. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The policy recommendations included in the Tourism Task Force's attached report are hereby adopted. SECTION II. The financialcommitment proposed in the Tourism Task Force report is forwarded for Council consideration during the FY 96 proposed general fund budget deliberations. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Trocino (e),(f),(g) MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 95-66 - A RESOLUTION: APPROVING AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENTWITH BENCHMARKACQUISITION FUND ILIMITEDPARTNERSHIP (CABLEVISION OF LOUDOUN~ AND AUTHORIZING EXECUTION OF THE EXTENSION AGREEMENT BY THE MAYOR WHEREAS, the Leesburg Town Council on April 9, 1980, adopted ordinance No. 80-0-8 providing for the granting to a person or corporation, its successors and assigns hereafter to be selected in a manner prescribed by law, the franchise, right and privilege to use the streets, alleys and other public places of the Town of Leesburg for the purpose of providing a cable television service and system; and WHEREAS, on October 14, 1980 the Town Council adopted Ordinance No. 80-0-15 granting to Catoctin Cable Communications, Inc., its successors and assigns, the franchise, right and privilege, upon certain conditions, to use the streets, alleys and other public places of the Town of Leesburg, Virginia, within its corporate limits, as the same now exist or may be hereafter extended or altered, for the purpose of providing a cable television service and system within said corporate limits; and WHEREAS, by Resolution No. 80-108, the Town entered into a Franchise Agreement with Catoctin Cable Communications, Inc.; and WHEREAS, the Town Council subsequently approved the transfer of the cable television franchise on May 1, 1985, to Prime Cable of Maryland Limited Partnership; on October 11, 1988, to Maryland Cable Corp.; and on June 22, 1993, to Benchmark Acquisition Fund I, L.P. (Cablevision of Loudoun); and WHEREAS, the aforementioned Franchise Agreement will expire on November 1, 1995; and WHEREAS, Section 5.1-36 of the Town Code permits the franchise to be renewed or extended at the sole option of the town for a period of five years; and - m,- WHEREAS, the Town has had insufficient experience with the current cable operator to adequately judge the franchisee's past performance and public benefit of a new long-term franchise and deems it in the public interest to extend the existing Franchise Agreement for a period of four (4) years, eleven (11) months. CO32895 -8- THEREFORE, RESOLVED that the Council of the Town of Leesborg in Virginia as follows: SECTION I. The Franchise Agreement dated October 14, 1980, is hereby extended for a period of four (4) years, eleven (11) months subject to execution of the Extension Agreement as provided below. SECTION II. The Mayor shall execute the above-mentioned Extension Agreement on behalf of the Town. DISCUSSION Mr. Atwell refrained from all discussion and vote on the issue because of a potential conflict of interest. Max Kipfer, representing Cablevision, stated the agreement is in the best interest of the Town of Leesburg. He thanked the Cable Commission for being responsive and educated in the cable industry. Ms. Emswiller questioned the savings on converter boxes? Mr. Kipfer responded the cost is $3.40 per box. Ms. Emswiller stated the LEDC is very interested in the cable process and invited Mr. Kipfer to attend the next LEDC meeting. Ms. Umstattd considered it economically beneficial to the town to be on Channel I with Loudoun County. She suggested that once the channel selected, continue with that channel to allow viewers to become familiar with it. Mr. Buttery is glad that complaints are down and hopes this will continue even after the agreement is executed. He referred to Section 2, page 2 of the agreement, and asked if there should be a provision as to when property should be removed? Mr. Kipfer responded he would work with the town to insert additional language, while noting the town reserves the right to purchase the franchise in such a case, if it so chooses. Mr. Buttery referred to Page 3, Section 5, line 3, asking for clearer language. Mr. Kipfer explained the language. Mr. Buttery referred to Section 6, asking about the franchise fee issue. Mr. Kipfer provided details. Mr. Webb thanked Mr. Kipfer for getting the cable agreement to where it is today. Mr. Trocino stated he prefers a separate channel for the Town of Leesburg to allow for effective communication in the future. Mayor Clem appreciated the town being on a lower channel and is happy to see a monitor has been installed in Ms. Farmer's office. He commented that for the betterment of Leesburg one channel is more appropriate, however he would like to keep the clause in the agreement which would allow Leesburg to have a separate channel should the need arise. Mayor Clem also expressed the need for cable at Ida Lee Park. Mayor Clem asked that the town's legal counsel review the agreement before it is signed. He thanked everyone involved with the Cable Commission. VOTE Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None Abstain: Councilmember Atwell 11.00 MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and unanimously adopted. 95-6? A RESOLUTION: MAKING APPOINTMENTS TO THE ENVIRONMENTAL CO32~9~ -9- ADVISORY COMMISSION WHEREAS, there currently exists four vacancies on the Environmental Advisory Commission. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Kenneth Mcln _tyre, George Panos, Caroline Sadler and Ann Wlllingham are appointed to the Environmental Advisory Commission their terms to expire on June 30, 1996. VOTE Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem Nay: None 11.(I) MOTION On motion of Mr. Trocino, seconded by Mr. Buttery, the following resolution was proposed and unanimously adopted as amended by Mr. Trocino. 95-68 - A RESOLUTION: AU'I~ORIZING THE MAYOR TO ENDORSE THE COUNTY PLANNING COMMISSION'S POSITION ON THE LANSDOWNE REZONING WHEREAS, Lansdowne requested a county rezoning of approximately 1,011 acres to allow the development of 2,975 single-family detached, attached and multi-family units and 2,000 adult retirement units; and WHEREAS, in a March 2, 1995, staff report the county transportation staff 'strongly objected" to the applicant's proposal in the rezoning to delete the construction of a grade-separated interchange at Route 641 (Lansdowne Boulevard) and Route 7; and WHEREAS, the interchange is needed to ensure that the goals of the Route 7 Corridor Study are properly implemented to meet the transportation needs of the region as well as those of the developing Lansdowne project which may ultimately include the Loudoun Hospital. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows: The mayor is hereby authorized to endorse the County Planning Commission position on the retention of the grade separated interchange proffer in the Lansdowne rezoning (ZMAP 1994.0001, ZCPA 1994-0002 SPEX 19940002 Lansdowne). VOTE Aye: Nay: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None IL(m) MOTION On motion of Mr. Trocino, seconded by Mr. Buttery, the following resolution was proposed and unanimously adopted as amended by Mr. Trocino. 95-69 - A RESOLUTION: COMMENTING ON THE DECEMBER 1994 DRAFT OF THE LOUDOUN COUNTY-WIDE TRANSPORTATION PLAN WHEREAS, the Loudoun County Planning Commission is currently considering the draft of a proposed County-wide Transportation Plan, and WHEREAS, the Loudoun County Planning Commission has held a public hearing on January 2~, 1995; and WHEREAS, the Loudoun County Planning Commission has requested that the Town of Leesburg make comment on the proposed draft prior to the Commission forwarding its recommendation to the Board of Supervisors; and WHEREAS, town staff has reviewed the draft plan and prepared comments and recommendations for Town Council consideration and endorsement to the County Planning Commission; and WHEREAS, town staff has presented a preliminary review of the draft plan to the Planning and Zoning Committee on January 17, 1995 and presented specific review comments to the Planning and Zoning Committee on February 21, 1995; and WHEREAS, the Planning and Zoning Committee referred this item to a special meeting of the Town Council, on March 27, 1995, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The attached comments dated February 14, 1995 are forwarded by the Town Council to the Loudoun County Planning Commission in consideration of the draft County-wide Transportation Plan. SECTION II. In addition to Section I above, the Town Council of Leesburg forwards the following general comments: do Regarding Chapter 3, Long Range Vision, since some of the alternatives originally presented have raised considerable public alarm, the Town Council recommends that this chapter be revised to keep of a general nature. Regarding the County-endorsed location for a Western Bypass, since the draft plan was published, the County Board of Supervisors has changed its position on a preferred alignment, the Town Council expresses its concern that this policy change was made unilaterally and proposes that the staffs of both jurisdictionswork together to seek to resolve some of the serious impacts on transportation and land use planning in the Town of Leesburg due to this proposed alignment. Regarding the Town of Leesburg's independent responsibility for planning, building and maintaining roads, the draft plan proposes future configuration for a number of roads in Leesburg that differ from the Town's existing plans. The draft also proposes blanket policies which are contrary to the Town's policies. Therefore, the Town Council suggests that the draft County-wide Transportation Plan at least acknowledge that road policies and standards differ between the Town and the County. The Town Council further encourages a cooperative planning environment between the Town of Leesburg and Loudoun County with regard to transportation and land use planning matters. SECTION III. The manager is hereby directed to transmit a copy of this resolution to the Loudoun County Planning Commission. VOTE Aye: Nay: Councilmembers Atwelk Buttery, Emswiller, Trocino, Umstattd, Webb, and Mayor Clem None 11.(n) MOTION On motion of Ms. Umstattd' seconded by Mr. Webb, the following resolution was not adopted by a vote of 3-4. A RESOLUTION: SUPPORTING THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION (NVPDC) WHEREAS, the Town of Leesburg has been an active member of the NVPDC for 25 years; and WHEREAS, the NVPDC has provided a regional perspective vital to effective local government through its many programs and resources; and WHEREAS, the Town of Leesburg recognizes the value and necessity of a regional approach to solving governmental problems; and WHEREAS, the NVPDC offers an opportunity for local government officials to work cooperatively to enhance municipal planning and services to benefit the citizens in Northern Virginia; and WHEREAS, the County of Loudoun after 23 years of membership is considering eliminating funding for NVPDC membership dues in its FY 96 operating budget. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: C032895 -11- A RESOLUTION: COMMENTING ON THE COUNTY WIDE TRANSPORTATION PLAN The NVPDC work in the northern Virginia region is hereby endorsed and the Loudoun County Board of Supervisors are encouraged to continue funding membership dues in the NVPDC. DISCUSSION Mr. Atwell stated he does not mind supporting the NVPDC, however, he believes the Council is overstepping its bounds by making a recommendation to the Board of Supervisors that they make a decision other than that which has already been discussed. He stated he would vote against the resolution. Ms. Umstattd stated that if the county pulls out, it increases the burden on other jurisdictions. She considers it short-sighted of the Board of Supervisors to pull out, offering the disadvantages to doing so. Considering it beneficial to support the NVPDC, Ms. Umstattd stated she would vote for the resolution. Ms. Emswiller concurred with comments made by both Ms. Umstattd and Mr. Atwell. She stated she would not want the Board of Supervisors telling the Town Council how to spend funds. VOTE Aye: Councilmembers Umstattd, Trocino, Webb Nay: Councilmembers Atwell, Emswiller, Buttery, and Mayor Clem MOTION On motion of, and duly seconded, the meeting was adjourned at 11 p.m. · Clem, Mayor Clerk of Council CO32895 -12-