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.
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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
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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.
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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
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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.
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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
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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.
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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
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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-