HomeMy Public PortalAbout1995_10_11TOWN COUNCIL MEETING MINUTES OF OCTOBER 11, 199~
A regular meeting of the Leesburg Town Council was held on October 11, 1995, at 7:30 p.m. in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
the Mayor.
INVOCATION was given by Councilmember Emswiller
SALUTE TO THE FLAG was led by Councilmember Buttery
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph Ro Trocino
Kristen C. Umstattd
William F. Webb (absent)
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Assistant Town Manager for Economic Development John Henry King
Planner Marilee Seigfi'ied
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION
On motion of Mr. Buttery, seconded by Ms. Umstattd, the regular meeting minutes of September 12,
1995 and September 26 1995 and the special meeting minutes of September 25, 1995, and September 29,
1995 were approved as written.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
CERTIFICATES OF APPRECIATION Mayor Clem and Councilmember Trocino presented Certificates
of Appreciation to the World War II Commemorative Committee and to Stephen Krisa, staff
representative to this Committee.
RESOLUTION OF RESPECT AND PROCLAMATIONS:
MO~O~
On motion of; and duly seconded, the following Resolution of Respect was proposed and unanimously
adopted.
RESOLUTION OF RESPECT
Margaret Dole Rust
WHEREAS, Margaret Dole Rust of Leesburg died September 22, 1995, at the age of 77; and
WHEREAS, Mrs. Rust, along with her late husband William F. Rust, Jr., donated to the Town
of Leesburg 138 acres of land which became Ida Lee Park, named in honor of Mr. Rust's grandmother;
and
WHEREAS, the Rusts' generous donation of farmland prompted the formation of the Leesburg
Parks and Recreation Advisory Commission and Leesburg Department of Parks and Recreation; and
WHEREAS, the Rusts also donated land to Loudoun County Public Libraries, Union Cemetery,
and the Virginia Outdoors Foundation; and
WHEREAS, Mrs. Rust was a lifelong conservationist whose gifts contribute to the quality of life
of the citizens of Leesburg and Loudoun County.
THEREFORE, RESOLVED that the Mayor and members of Council of the Town of Leesburg
in Virginia extend theft sympathy to Mrs. Rust's family and to all who knew her; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of
this meeting and that a copy be sent to her family.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
MO~O~
On motion of Mr. Trocino, seconded by Mr. Buttery, the following Proclamation was proposed and
unanimously adopted.
PROCLAMATION
Establishing Leesburg Founder's Day
October 12, 1995
WHEREAS, the people of Leesburg should be mindful ot~ and celebrate the 18th century history
and traditions of our Town; and
WHEREAS, in September 1758 "sundry inhabitants" from the County of Loudoun petitioned
Virginia's Colonial Assembly of Burgesses for the establishment of a town on lands then owned by
Nicholas Minor; and
WHEREAS, the following persons agreed to be the first managers and directors in furtherance
of the founding of a town, therefore, are confirmed to be Founders of the Town of Leesburg: Nicholas
Minor, James Hamilton, Anthony Russell, Josias Clapham, Aeneas Campbell, Thomas Sorrell and John
Hough: and
WHEREAS, the following persons as subscribers and purchasers of the town lots prior to the
establishment of Leesburg, are also confirmed to be Founders of the Town of Leesburg: Israel
Thompson, Michael Stoker, John Moss Senr, Daniel Davis, Andrew Link, Joseph Janney, Michael
Leatherman, Daniel Miller, Stephen Emery, Benjamin Edwards, James Abbett, Mahlon Janney, James
Hamilton, John Hough, John Poultney, Bernard Wren, William Dodd, Jacob Pfhaw, John Westby, Peter.
Creger, John Gladdin, Rodolphus Eltinge, Robert Adams, and Andrew Adams; and
WHEREAS, in September 1758, the Colonial Assembly of Virginia passed an Act for erecting
a town where Nicholas Minor, "hath laid off sixty acres of his land, adjoining the court-house of the said
county, into lots, with proper streets for a town, many of which lots are sold, and improvements made
thereon..." (Hening's Statute of Virginia, 7-235); and
WHEREAS, on October 12, 1758, Vir~nia's Lt. Governor Francis Fauquier on behalf of King
George II, gave assent for the establishment of a
town to be called Leesburg, where freeholders and inhabitants thereof "shall forever hereafter enjoy the
same privileges which the inhabitants of other towns now enjoy;" and
WHEREAS, in the Act of Assembly, the following persons were appointed as first Trustees of
Leesburg, and as such were authorized to manage and govern the Town of Leesburg, by establishing rules
and regulations for the more regular and orderly building of the houses: the Honorable Philip Ludwell
Lee, esquire, Thomson Mason, esquire, Francis Lightfoot Lee, James Hamilton, Nicholas Minor, Josias
Clapham, Aeneas Campbell, John Hough, Francis Hague, and William West; and
Therefore, IT IS PROCLAIMEDby the Council of the Town of Leesburg in Vir~nia as follows:
Section I. October 12, 1758 shall hereby be recognized as the true date of the founding of the
Colonial Town of Leesburg.
Section II. October 12, 1995, is established and declared to be "Founder's Day" for the Town
of Leesburg, to commemorate and celebrate two-hundred and thirty-seven (237) years of growth of our
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unique and historic community.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following Proclamation was proposed and
unanimously adopted.
PROCLAMATION NATIONAL BREAST CANCER
AWARENESS MONTH AND MAMMOGRAPHY DAY
WHEREAS, nationally, breast cancer is the most common form of cancer in women, accounting
for an estimated 182,000 newly diagnosed cases and approximately 46,000 deaths this year; and
WHEREAS, in 1995, 4,500 Vir~nia women will be diagnosed with breast cancer, and 1,200 will
die from the disease; and
WHEREAS, research shows that breast cancer mortality could be reduced by at least 30 percent
if women followed recommended breast cancer screening guidelines, and only 61 percent of Virginia
women age 50 and over have had a mammogram within the last two years; and
WHEREAS, mammography is the single best method for detecting breast cancer:
THEREFORE, BE IT RESOLVED that the Mayor and Town Council of the Town of Leesburg
in Virginia do hereby proclaim October 1995 and October 19, 1995, as
"BREAST CANCER AWARENESS MONTH"
AND
'MAMMOGRAPHY DAY"
in the Town of Leesburg and urge all women age 40 and older to make a commitment to get a
mammogram during the month of October, and others to encourage a woman they love to do so.
VOTE
Aye: Counci!members Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
PETITIONERS
Ms. Ann Hart, addressed the Council presenting the Blue Ridge Outdoors Guide and the Blue Ridge
Antique Guide. Ms. Hart thanked the Council for their support.
Mr. William Detweiler, Chairman of the Tree Commission, addressed the Council introducing each of
the Tree Commission members and presenting an update and report of the commission's activities since
its creation. The Tree Commission urged the Council to consider the hiring of an arborist.
Ms. Umstattd asked if the Tree Commission had any suggestions that could be forwarded to the state
legislators for consideration during the General Assembly session.
Mr. Dctweiler stated not this year, that the Tree Commission will be in a better position ~o present
something next year.
Col. Jim Foster, a resident of Leesburg, addressed the Council in support of rodeos.
Mr. Earl Hower, a resident of Leesburg, also addressed the Council in support of rodeos.
COUNCILMEMBER COMMENTS
Mr. Buttery announced that a public input session will be held on October 25, in the Council Chambers
to receive public comment regarding the proposed Town of Leesburg Public Safety Center.
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Mr. Buttery encouraged a Town of Leesburg phone line whereby citizens could call in to receive special
event messages and Council agenda information.
Ms. Umstattd commented that this information could be available through the Internet.
Ms. Umstattd praised all of the World War II Committee members and commented on how well done
the USO dinner was.
Mr. Trocino attended the VML Conference in Vir~nia Beach, bringing back a pin of Virginia Beach
from the Mayor to Mayor Clem.
Mr. Trocino also praised the World War II Committee members for their efforts on this committee.
Mr. Atwell noted the award won by Mike Carrol of the Leesburg Vintner. The Miles LeHane Group
located in the Glenfidich House was recoL, nized, last week, in three different publications; Human
Resources Executive, The National Business Employment Weekly and The Wall Street Journal.
Ms. Emswiller attended the VML Conference in Vir~nia Beach, where the Town of Leesburg was the
recipient of the Communications Award. She thanked the town staf~ the LEDC and Muncey Ferguson
and Associates for their efforts in winning this award.
Ms. Emswiller thanked everyone involved for the successful Dulles Greenway grandopening.
MAYOR'S COMMENTS
Mayor Clem stated, on Monday, visitors from Ukraine toured the Town of Leesburg and its various
facilities.
MANAGER'S REPORT
Mr. Brown highlighted news in the Activity Report.
LEGISLATION
10.(a) was referred to the October 17, 1995 Administration and Public Works Committee Agenda for
further consideration.
lO.(b)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following ordinance was proposed and
unanimously adopted.
95-0-26 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE
A CHANGE IN THE SPEED LIMIT ON NORTH KING STREET FROM BALLS BLUFF
ROAD TO 1060 FEET SOUTH OF BA~FLEFIELD PARKWAY
WHEREAS, citizens have requested speed limit changes on North King Street; and
WHEREAS, an engineering and traffic investigation was conducted by the Town of Leesburg
which substantiates the need to lower the speed limit on North King Street from Balls Bluff Road to
1060 feet south of Battlefield Parkway; and
WHEREAS, the investigation per Virginia Motor Vehicle Law Section 46.2-874 revealed that
North King Street would be classified as a residential district adjacent to the Exeter First Addition
Subdivision; and
WHEREAS, the area on North King Street from Exeter First Addition Subdivision and Balls
Bluff Road should be a transition area.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-131 of the Town Code is amended to read as follows:
Section 10-131. Speed Limits
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The maximum speed limits on streets within the town shah be 25 mph, or as prescribed in this
section, and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following
street within the town, between the points hereinafter indicated, the maximum speed limit shah be the
speed hereinafter indicated and no person shah drive a motor vehicle between such points in excess of
such maximum speed limit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
King Street: 4~ 35 mph from BaHs Bluff Road to 450 1060 feet px~th-of..I~a-L~
~ south of Battlefield Parkway.
King Street: 35 mph from First Street to 300 feet south of Country Club Drive.
King Street: 45 mph from 300 feet south of Country Club Drive to the south
corporate limits.
Edwards Ferry Road: 35 mph from 2230 feet east of the Route 15 Bypass to the
east corporate limits.
Market Street: 55 mph from the east corporate limits to 320 feet east of
Cardinal park Drive.
Market Street: 45 mph from 320 feet east of Cardinal Park Drive to Route 15
Bypass (north entrance).
Market Street: 35 mph from Route 15 Bypass (north entrance) to 1000 feet east
of Fort Evans Road.
(8) Evergreen Mill Road: 35 mph.
(9) Masons Lane:
(10) Tolbert Lane:
(11) Tolbert Lane:
35 mph from South King Street to Evergreen Mill Road.
35 mph from Evergreen Mill Road to Sycolin Road.
45 mph from 1000 feet east of Evergreen Mill Road intersection
to Sycolin Road.
(12) Lawson Road: 35 mph from Sycolin Road to 1200 feet east of Sycolin Road.
(13) Sycolin Road: 45 mph from the Route 15 Bypass to the south corporate limits.
(14) Route 7 Bypass: 55 mph exclusive of access ramps.
(15) Route 15 and Route 7 Bypass: 55 mph exclusive of access ramps.
(16) Route 15 Bypass: 55 mph exclusive of excess ramps.
(17) Catoctin Circle: 30 mph from Children's Center Road to West Market Street.
(18) Battlefield Parkway: 35 mph from Route 15 Business to Smartt's Lane.
SECTION II. The Manager shall clearly indicate by markers or signs the maximum speed limits
established by this ordinance.
SECTION III. This ordinance shall be effective October 26, 1995 and upon the placement of
appropriate signs and markers indicating the maximum speed limits established herein.
SECTION IV. All prior ordinance and resolutions in conflict herewith are repealed.
DISCUSSION:
Mr. Atwell requested items 14 and 15 in the proposed ordinance be placed on the October 17, 1995
Administration and Public Works Agenda for consideration.
Mr. Butter,/ stated the change in this ordinance is a result of the positive comments and
recommendations received by citizens of the town. He encouraged town residents to continue to become
involved in the town.
VOTE
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Aye: Counciimembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
lO.(c)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following ordinance was proposed and
unanimously adopted.
95-0-27 - ORDINANCE - AMENDING SECTION 12.1-45(a) OF THE PERSONNEL MANUAL TO
INCLUDE THE VETERAN'S DAY HOLIDAY
WHEREAS, Article 15 - Holidays, of the adopted Town of Leesburg Personnel Manual does not
include Veteran's Day as an observed paid holiday for aH town employees; and
WHEREAS, the Town Council authorized the observance of Veteran's Day 1993 as a paid public
holiday, per Resolution No. 93-216, and Veteran's Day 1994 per Resolution No. 94-202; and
and
WHEREAS, a formal amendment to the Personnel Manual regarding Veteran's Day is required;
WHEREAS, on October 3, 1995, the Town Council Administration and Public Works Committee
recommended the addition of Veteran's Day as a paid holiday to bring the town in conformance with
county, state and federal government, which observe this holiday.
VOTE
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. 12.1-45(a) of the Personnel Manual is hereby amended to include Veteran's Day.
SECTION II. This ordinance shah be in effect upon its passage.
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
lO.(d), (e), (f)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolutions were proposed as
consent items and unanimously adopted.
95-200 - RESOLUTION - REAPPOINTING MEMBERS TO THE BOARD OF ARCHITECTURAL
REVIEW, CABLE COMMISSION, ECONOMIC DEVELOPMENT COMMISSION AND
PARKS AND RECREATION COMMISSION
WHEREAS, several board and commission members' terms expired on June 30, 1995; and
WHEREAS, each of these individuals was contacted to seek their desire to be reappointed; and
WHEREAS, it is the desire of each of these individuals to be reappointed.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Patricia Devine and Richard Forbes are reappointed to the Board of Architectural
Review with terms to expire on June 30, 1996.
SECTION II. John W. Fiske, Richard Herndon, Roy D. Ott and Blake Thompson are
reappointed to the Cable Commission with terms to expire on June 30, 1997.
SECTION III. Charles Fincher and Peter O'Reilly are reappointed to the Economic
Development Commission with terms to expire on June 30, 1996. Chuck Thornton, Robert Waldrup and
Marc Weiss are reappointed to the Economic Development Commission with terms to expire on June
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30, 1997.
SECTION IV. John Elgin, Jane Fellows and Terrance Young are reappointed to the Parks and
Recreation Commission with terms to expire on June 30, 1997.
95-201 - RESOLUTION - APPOINTING COUNCILMEMBER J. FRANK BUTrERY, JR., TO THE
LOUDOUN COUNTY AND TOWN OF LEESBURG LOCAL EMERGENCY PLANNING
COMMITTEE (LEPC)
WHEREAS, the LEPC was established in 1988 by the Town Council and the Loudoun County
Board of Supervisors to comply with the Federal and State SARA Title III regulations; and
WHEREAS, county and town representatives serve on LEPC to develop policy and action plans
for implementation in emergency situations; and
WHEREAS, the councilmanic representative position is vacant.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
J. Frank Buttery, Jr. is hereby appointed to serve on the Loudoun County and Town of Leesburg
Local Emergency Planning Committee.
95-202 RESOLUTION - AUTHORIZING MATCHING TOWN FUNDS FOR THE
PROCUREMENT AND IMPLEMENTATION OF AN INCIDENT-BASED REPORTING
SYSTEM AND MAKING AN APPROPRIATION
WHEREAS, the Leesburg Police Department is required by state regulations to be on line with
an Incident-Based Reporting System by 1998; and
WHEREAS, the Virginia Department of Criminal Justice Services, through the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program, receives and administers state grant
funds for various criminal justice system improvement efforts; and
WHEREAS, the Department of Criminal Justice Services has designated a portion of these funds
for procurement and implementation of Incident-Based Reporting Systems; and
WHEREAS, the Leesburg Police Department is eligible for $20,000.00 under this grant; and
WHEREAS, the Town is required to be responsible for 25 percent or $5,000.00 in matching
funds.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
SECTION I. The Leesburg Town Council hereby authorizes the expenditure of $5,000.00 in
matching funds for the procurement and implementation of an Incident-Based Reporting System.
SECTION II. An appropriation in the amount of $5,000.00 is hereby authorized from the
Unappropriated General Fund Balance to the Police Department Budget for this expenditure.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Counciimember Webb
10&g)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and
unanimously adopted.
95-203 - RESOLUTION - COMMENTING ON THE VDOT PLANS TO COMPLETE THE ROUTE
7/15 INTERCHANGE AND PROPOSAL TO REPLACE THE INTERSECTION OF THE
ROUTE 7115 BYPASS AT SYCOLIN ROAD WITH A FLYOVER BRIDGE
WHEREAS, the Virginia Department of Transportation (VDOT) 6 Year Improvement Program
includes a project to complete the Route 7/15 Interchange and the engineering design is currently
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underway; and
WHEREAS, the VDOT 6 Year Improvement Program includes a project to make improvements
to the intersection of the Route 7/15 Bypass and Sycolin Road and the engineering design is currently
underway; and
WHEREAS, the preliminary plan for the alignment of the Route 7/15 Interchange has been
reviewed by town staff and is recommended for approval by the Town Council; and
WHEREAS, the Route 7/15 Interchange completion has been a top priority of the Town Council
for many years; and
WHEREAS, VDOT is conducting a public hearing on October 18, 1995 from 4:30 p.m. to 7:30
p.m. at the Town of Leesburg Municipal Government Center regarding the Route 7/15 Interchange
completion; and
WHEREAS, VDOT is proposing to add a flyover bridge at Sycolin Road to the Route 7/15
Interchange completion project; and
WHEREAS, plans, drawings or traffic studies are not currently available from VDOT to provide
information about the proposed flyover bridge for Sycolin Road at the Route 7/15 Bypass; and
WHEREAS, construction of a flyover bridge at the Sycolin Road intersection with the Route 7/15
Bypass without the appropriate ramps will cut-off access to the Sycolin Road corridor and the Leesburg
Airport from the Route 7/15 Bypass.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Route 7/15 Interchange concept design is approved as shown on the VDOT
plan dated August 18, 1995.
SECTION II. The Town Council requests that VDOT provide a concept plan for the Sycolin
Road Flyover and a comprehensive traffic study of the Route 7/Route 15/Route 7/15 Bypass corridor for
review and comment by the town. The plan and study should include an analysis of right-in and right-out
ramps south of the Bypass at Sycolin Road to ensure continued access to Sycolin Road. The traffic study
should show the changes in traffic flow and demand created by the completed interchange, proposed
flyover, and Dulles Greenway and how increases in traffic can be accommodated on the southern half
of the Route 7 Bypass.
SECTION III. The traffic study must show present and future growth for the Sycolin Road
corridor including travel time to and from the Leesburg Airport the level of service at East Market Street
and Plaza Street (with the Plaza Street Extension project in place).
SECTION IV. VDOT is requested to provide additional information regarding the Sycolin Road
Flyover for the Town Council to evaluate this improvement as soon as it is available after the public
hearing.
SECTION V. The Town Council strongly urges VDOT to promptly complete approved interim
improvements at the Sycolin Road/Bypass intersection.
DISCUSSION:
Ms. Emswiller stated this is a critically important project and warrants additional, detailed discussion by
the Town Council.
Mr. Atwell agreed with Ms. Emswiller's comments. He stated VDOT should be invited to spehk to the
Town Council providing an explanation of their plans for the proposed improvements for the entire
corridor including Route 7 East to the Route 15 Bypass. It is extremely important to have free flowing
traffic.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
10. (h) was referred to the October 13, 1995 Special Meeting of the Town Council.
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11. NEW BUSINESS:
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Buttery, the following resolution was proposed and
unanimously adopted.
95-204 - RESOLUTION - AUTHORIZING AN AGREEMENT AND WATER AND SEWER
EXTENSION PERMITS FOR THE TOWNES OF VANDERBILT SECTION II
WHEREAS, the construction drawings and final plat for the Townes of Vanderbilt have been
approved; and
WHEREAS, the developer, The Double T Corporation, wishes to proceed with installation of
the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for the Townes of Vanderbilt Section II cannot be recorded until all
the public improvements are completed and accepted by the Town Council or a performance guarantee
acceptable to the Town Council is provided by the developer.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements with The Double
T Corporation for the improvements shown on the plans approved by the Director of Engineering and
Public Works for the Townes of Vanderbilt Section II.
SECTION II. The extension of municipal water and sewer for the Townes of Vanderbilt Section
II is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Mayor Clem
Nay: None
Absent: Councilmember Webb
Mr. Atwell referred to agenda item 10.(a) stating the proposed ordinance includes language regarding
the prohibition of rodeos on private property. He questioned the authority of the town to restrict
activities on private property and asked that the Town Attorney review this ordinance further.
MOTION
On motion ot~ and duly seconded, the meeting was adjourned at 9:00 p.m.
~erk of Council
~r~mes E. Clem, Mayor
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