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HomeMy Public PortalAbout1996_05_14TOWN COUNCIL MEETING MINUTES OF MAY 14, 1996 A regular meeting of the Leesburg Town Council was held on May 14, 1996, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present George F. Atwell J. Frank 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 Deputy Town Manager Gary Huff Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompldns Chief of Police Keith Stiles Acting Director of Parks and Recreation Terri Simmers Planner Marilee Seigfried Town Attorney George Martin Town Clerk Barbara Markland APPROVAL OF MINUTES MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the regular meeting minutes of April 9, 1996 and April 23, 1996 were approved as submitted. VOTE: Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb Nay: None Abstain: Mayor Clem PROCLAMATION MOTION: On motion of Mr. Buttery, seconded by Ms. Umstattd, the following proclamation was proposed and adopted. Employee Health and Fitness Day May 15, 1996 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 eight annual National Employee Health and Fitness Day on Wednesday, May 15, 1996; 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 3,000 employers participated in last year's Employee Health and Fitness Day across the United States; and CO 5/14/96 -1- WHEREAS, more than one-half million employees are expected to participate in non-competitive physical fitness activities this year: THEREFORE, RESOLVED that the Town Council of the Town of Leesburg in Virginia hereby declares May 15, 1996, as Employee Health and Fitness Day in the Town of Leesburg and encourages all persons to take advantage of free admission and activities at Ida Lee Recreation Center. VOTE: Nay: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem. None CERTIFICATES OF APPRECIATION: Mayor Clem and Leesburg Police Chief Keith Stiles presented Certificates of Appreciation to Officer Thomas Patrick Grey and to the Leesburg Police Citizen Support Team Incorporated. PETITIONERS Mr. Willich and Mr. Jeb Stewart, requested the Town Council endorse a "concept plan" for a weekend- long community event to be held in Leesburg. Mr. Brown stated a meeting is scheduled with Mr. Willich and Mr. Stewart to further discuss this event. Additional information will be forwarded to the Town Council when it is available. Barbara Cassidy, a Leesburg resident expressed appreciation of Chief of Police Keith Stiles and the Leesburg Police Department. She encouraged the Council to increase the number of police officers. She also encouraged the Council to keep the proposed police substation on track. PUBLIC HEARINGS 7.a. To consider Special Exception Application #SE-96-02 Leesburg Baptist Church phasing plan and use modification Ms. Seigfried presented the staff report. Mr. Wayne Wilmot, whose property is adjacent of the Church, addressed the Council with concerns that the new church parking lot has attracted teenagers with "bad habits." He asked that the church address the issue. He also expressed concern with skateboarding. 11. (a) MOTION On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and adopted. 96-0-13 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-96-02 LEESBURG BAPTIST CHURCH WHEREAS, Leesburg Baptist Church has requested special exception approval to modify an existing phasing plan and uses associated with the church located at 835 Lee Avenue; and WHEREAS, a place of worship is a special exception use in the R-4 zoning district; and WHEREAS, on April 18, 1996 the Planning Commission recommended conditional approval of this application to Council; and WHEREAS, on May 14, the Town Council held a public hearing on this application; and WHEREAS, the proposed use meets the general review criteria set forth in the special exception regulations of the zoning ordinance. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-96-02 Leesburg Baptist Church, identified as Tax Map 48D((1)) Parcel 55 in the land records of Loudoun County, is hereby approved subject to the following conditions: 1. Phasing of development is in substantial conformity with the special exception CO 5/14/96 -2- plan prepared by Gordon Associates, and as modified and received by the town on March 19, 1996. The number of students receiving weekday education shall be limited to Kindergarten through 8th grade with a maximum of 220 students. Uses associated with the weekday education shall be as shown on the Master Plan prepared by Church Architecture, dated November 29, 1995. Screening will be provided along the western property boundary (Phase I screening), consistent with the Zoning Ordinance, at Phase 3 construction. Demonstration that the existing sewer lateral has adequate capacity or that the church has the legal ability to increase the size of the lateral on the Dry Mill Subdivision. A grading and drainage plan is approved by the Department of Engineering and Public Works, and further that no concentrated flow is directed onto the lands of the neighbors. SECTION II. Approval of the special exception concept plan does not authorize modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance unless specifically set forth in this ordinance. SECTION III. This ordinance shall be in effect upon its passage. DISCUSSION: Ms. Emswiller expressed concern with the town's process of adopting legislation on a matter immediately following the public hearing, instead of referring the matter back to the Committee for further consideration. She suggested the Council and staff review the town's policy regarding this matter. She stated Mr. Wilmot's concerns need to be addressed before the ordinance is adopted. Mr. Atwell agreed. Mr. Tom Dosenbach, Chairman of thc Building Committee, stated the building will be multi-faceted. A full-time supervisor will be hired. He sated the church will work with the neighbors and asked for the opportunity to talk with Mr. Wilmot. Ms. Emswiller stated she will abstain from voting. VOTE: Aye: Councilmember Atwell, Buttery, Trocino, Umstattd, Webb and Mayor Clem. Nay: None Abstain: Councilmember Emswiller 7.b. To consider Special Exception Application #SE-96-03 Parker Court, L.C. Radio Tower replacement Ms. Seigfried presented the staff report. Mr. Buttery asked if any citizen response was received from the public notice advertisements? Ms. Seigfried stated that the adjoining neighbor, Loudoun Auto Repair, expressed concern with storm drainage. Ms. Ann Zimmerman, representing Loudoun Auto Repair, asked that the applicant address the storm drainage problem which flows onto the Loudoun Auto Repair property. Ms. Behrooz, co-owner of Loudoun Auto Repair, also expressed concern with microwaves being transmitted from the new tower. MOTION A motion was made by Mr. Trocino, seconded by Ms. Umstattd, to adopt the proposed ordinance. Ms. Emswiller asked that this matter be sent back to committee for further consideration. CO 5/14/96 -3- Mr. Trocino then withdrew his motion and Ms. Umstattd withdrew her second. This matter was referred to the May 21, 1996 Planning and Zoning Committee for further consideration. COUNCILMEMBER COMMENTS Mr. Webb stated all the issues with the cable company have been ironed out. He pointed out that a preliminary hearing was held before the Planning Commission regarding Leesburg Commons, the proposed outlet mall. Mr. Webb commented on the Potomac Station School site referring to a letter from Mr. Gordon Fletcher, dated May 13, 1996. Mr. Webb asked that staff provide a report and cost estimations on canopies for the town's parking garage. Mr. Buttery commended the Leesburg Police Department, Chief Stiles, Officer Doug Taylor and the new citizens group. He requested a progress report on the proposed police substation. He congratulated all of the candidates in the recent town elections. He stated he will be assisting Chief Stiles on the issue of graffiti and asked that any citizens with ideas or suggestions or anyone interested in serving on the Graffiti Committee to contact Town Clerk Barbara Markland. He reminded everyone of the ongoing public input sessions being held at the local elementary schools and encouraged the public's attendance. Ms. Umstattd reminded everyone of the Memorial Services for Veterans of Foreign Wars to. be held on Monday, May 27, 1996 at 11:00 a.m., on the Courthouse green. She asked that staff look into the policy of voting on an issue the same night following the public hearing of that issue. Mr. Trocino reminded everyone of the ribbon cutting ceremony scheduled at the new extension of Catoctin Circle on May 16. He commended Mayor Clem and Mr. Atwell on the recent elections. Mr. Atwell expressed support of the Leesburg Police Citizen Support Team. He pointed out that the proposed expansion of the Thomas Balch Library will be placed on the Finance Committee agenda in a couple of weeks. He thanked the 1115 voters for voting for him in the recent Mayoral election. Ms. Emswiller also commended the Leesburg Police Department and Chief Stiles and agreed that the number of police officers should be increased. She encouraged everyone to participate in the community meetings being held on the proposed Comprehensive Town Plan. She stated she is greatful to all the candidates who ran in the recent town elections, stating that it takes a real commitment. MAYOR'S REPORT Mayor Clem concurred with Ms. Emswiller's comments regarding citizen participation on the proposed Comprehensive Town Plan. He announced that the Lyons Club will be conducting their annual broom sale. Mayor Clem thanked Councilmember Atwell for a quality Mayoral race. He stated it is unfortunate that someone has to lose. He asked that Mr. Atwell continue his work with the Town Council on the Town CO 5/14/96 -4- Plan. MANAGER'S REPORT Mr. Brown briefly highlighted the Activity Report. Ms. Emswiller announced that the transportation committee in Richmond will vote very soon to allow tandem trucks on Route 15. She stated the Town Council needs to draft a letter in protest of this. She commented that this is a very serious and dangerous situation. Mr. Atwell agreed, stating this is a travesty bordering on a tragedy. He stated the Council needs to send a resolution voicing Leesburg's strong opposition. Route 15 is becoming the Western Bypass by default. Mayor Clem asked that this resolution be prepared by tomorrow. Mr: Buttery suggested the Town Council keep close tabs on what is happening in Richmond. LEGISLATION 11. (b) was referred to the May 21, 1996 Planning and Zoning Committee for further' consideration. 11. (c), (f), (g), (h), (i), (j), (k), (l), (m), (n) MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the following resolutions were proposed as consent items and adopted. 96-83 - RESOLUTION - AUTHORIZING FUNDS FOR THE DESIGN AND INSTALLATION OF A NORTHBOUND RIGHT TURN LANE ON SYCOLIN ROAD AS PART OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) PROJECT FOR IMPROVEMENTS AT THE ROUTE 7/15 BYPASS SYCOLIN ROAD INTERSECTION WHEREAS, the Virginia Department of Transportation (VDOT) Six-Year Improvements 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 existing intersection of Sycolin Road and the Route 7/15 Bypass has the highest accident rate within the Town of Leesburg; and WHEREAS, traffic volumes on these major roads continue to increase and improving the traffic safety at this intersection is critical to the regional road network; and WHEREAS, the preliminary engineering plans for the intersection improvements received by the town for the Field Inspection held on March 6, 1996 did not include a northbound right turn lane on Sycolin Road; and WHEREAS, VDOT recently determined that a northbound right turn lane on Sycolin Road is warranted based on the current conditions and traffic volumes at the intersection; and WHEREAS, VDOT has not included funds for the right turn lane in the project budget and the Secretary of Transportation of the Commonwealth of Virginia has issued a letter stating that the right turn lane is not included since it is to be designed and constructed by the Developer of Stratford as part of proffers held by the Town of Leesburg for the Stratford Development; and WHEREAS, VDOT has offered to add the right turn lane to the project if the design and construction are paid by the town or the Developer; and WHEREAS, VDOT has estimated the cost for design and construction at $71,728.00 for the right turn lane if it is included with the current project; and WHEREAS, if the right turn lane is designed and installed by the Developer of Stratford at a later date as required by the proffers the cost is extended to exceed $100,000.00; and WHEREAS, costs incurred by the Developer of Stratford for design and construction of the right turn lane can be credited against offsite transportation improvement payments to the town's Offsite Fee Highway Improvements Account which were proffered by the Developer; and CO 5/14/96 -5- WHEREAS, the town currently has sufficient funds in the Offsite Fee Highway Improvements Account to pay for the addition of the right turn lane to the VDOT project; and WHEREAS, adding the right turn lane to the current VDOT project is the most cost effective way to design and install the improvements; and WHEREAS, the addition of the right turn lane on Sycolin Road will make the intersection safer and decrease' delay currently experienced at the intersection. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council requests that VDOT add a right turn lane on Sycolin Road as part of the intersection improvements at the Sycolin Road/Route 7/15 Bypass Intersection. The cost for design and installation of the right turn lane, estimated to be approximately $72,000.00, will be paid by the Town of Leesburg. SECTION II. A highway capitol project for the northbound right turn lane on Sycolin Road is hereby established and $72,000.00 is hereby appropriated from the Offsite Fees Highway Improvements Account to the new Highway Capital Project account. 96-84 RESOLUTION - AUTHORIZING SUBMITTING AN APPLICATION FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM WHEREAS, Robert Carter, Director of the Winchester regional office of the Virginia Depart- ment of Historic Resources, gave a presentation on the Certified Local Government Program to the Town Council and Board of Architectural Review at the April 23, 1996 Town Council meeting; and WHEREAS, the program is a partnership of federal, state and local governments that seeks to integrate preservation in community planning and development and provides grant money for local pre- servation projects; and WHEREAS, the Town of Leesburg meets all of the criteria for applying to the program except that an application must be submitted. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is hereby authorized to submit an application to the Department of Historic Resources to participate in the Certified Local Government Program. 96-85 - RESOLUTION - ACCEPTING STORM DRAINAGE AND ROAD IMPROVEMENTS INSTALLED AT THE LOUDOUN COUNTY GOVERNMENTAL CENTER ON HARRISON STREET WHEREAS, it was necessary to relocate an existing storm drainage box culvert in order tbr construction of the Loudoun County Governmental Center on Harrison Street to start; and WHEREAS, the storm drainage improvements needed at the Loudoun County Governmental Center were installed by Gilbane Development Associates, L.C. in accordance with the terms of the Letter of Understanding dated November 8, 1994; and WHEREAS, the portion of the completed box culvert and storm drain pipe within the Loudoun County Governmental Center site was not accepted by Resolution #96-35 because the improvements remained exposed to possible damage by continuing contraction activities; and WHEREAS, the town has reimbursed Gilbane Development Associates, L.C., for the work performed and is holding $14,168.73 as retainage for the storm drainage improvements within the Loudoun County Government Center site; and WHEREAS, Gilbane Development Associates, L.C., has requested that the town accept the completed storm drainage improvements within the site since construction activities over the box culvert and pipe are completed, and release the retainage with a one-year warranty beginning on March 18, 1996 for defects in materials and workmanship; and WHEREAS, the Department of Engineering and Public Works recommends that the storm drainage improvements within the Loudoun County Governmental Center site be accepted effective March 18, 1996, and that $14,168.73 in retainage be released and; CO 5/14/96 -6- WHEREAS, road improvements in East Market Street, Harrison Street, East Loudoun Street and Church Street were installed by Gilbane Development Associates, L.C., in accordance with the Amendment to the Letter of Understanding which was authorized by Resolution #95-229 adopted on November 14, 1995; and WHEREAS, the town has reimbursed Gilbane Development Associates, L.C., for the road improvements and is holding $31,500.00 as retainage; and WHEREAS, Gilbane has requested that the town accept the completed road improvements and release the retainage with a one-year warranty beginning on April 5, 1996; and WHEREAS, the Department of Engineering and Public Works recommends that the road improvements be accepted as of April 5, 1996 and the $31,500.00 in retainage be released. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The storm drainage improvements installed by Gilbane Development Associates, L.C., for the town within the Loudoun County Governmental Center site on Harrison Street are hereby accepted as of March 18, 1996 contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens, encumbrances, charges or mechanics liens, potential or otherwise. SECTION II. The Town Manager is authorized to release $14,168.73 of retainage for the storm drainage improvements to Gilbane Development Associates, L.C., upon approval by the Deputy Town Attorney of the executed instrument identified in Section I. SECTION III. The road improvements installed by Gilbane Development Associates, L.C., for the town within the rights-of-way of East Market Street, Harrison Street, East Loudoun Street and Church Street are hereby accepted as of April 5, 1996 contingent upon delivery of a properly executed instrument conveying unto the town all such improvements free of any liens, encumbrances, charges or mechanics liens, potential or otherwise. SECTION IV. The Town Manager is authorized to release $31,500.00 of retainage for the road improvements to Gilbane Development Associates, L.C., upon approval by the Deputy Town Attorney of the executed instrument identified in Section III. 96-86 RESOLUTION -ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM SECTION iA WHEREAS, Trafalgar House Residential, the developer of Greenway Farm Section iA, has completed the public improvements in accordance with approved plans and town standards, and these have been inspected and approved. 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 $52,400.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $13,100.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 96-87 - RESOLUTION - ENDORSING THE COMPREHENSIVE GRAFFITI RESPONSE PLAN AND CREATING A COMMITTEE TO FORMALIZE A STRATEGIC EFFORT IN THE FIGHT AGAINST GRAFFITI WHEREAS, Mr. Frank Ratio appeared at the April 23, 1996 Town Council meeting and expressed concerns about graffiti in Leesburg; and WHEREAS, the Chief of Police proposed a foundation of a Comprehensive Graffiti Response Plan which was reviewed and endorsed by the Council's Administration and Public Works Committee at its May 8, 1996 meeting; and WHEREAS, Councilmember Buttery has volunteered to chair a committee consisting of police and citizens to formalize a strategic effort in the fight against graffiti. CO 5/14/96 -7- THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The attached Comprehensive Graffiti Response Plan is hereby endorsed. SECTION II. A committee composed of a partnership of police, citizens and Council will formalize a Comprehensive Graffiti Response Plan to fight this social problem. 96-88 - RESOLUTION - AUTHORIZING THE CLOSING OF MARKET STREET BETWEEN THE LOUDOUN TIMES-MIRROR AND WIRT STREET AND KING STREET BETWEEN CORNWALL AND LOUDOUN STREETS AND THE MARKET STREET ENTRANCE AND EXIT TO THE PARKING GARAGE WHEREAS, the Optimist Club of Leesburg has scheduled a concert on the Courthouse lawn on Saturday, May 25, in conjunction with their annual Custom Car/Hot Rod Show at Ida Lee Park on Sunday, May 26; and WHEREAS, the Optimist Club of Leesburg has requested the closing of downtown streets to park classic cars as part of a car show while conducting the concert from 6:30 p.m. to 11:00 p.m.; and WHEREAS, the club requests the closing of Market Street between the Loudoun Times-Mirror and Wirt Street and King Street between Cornwall and Loudoun Streets, as well as the Market Street exit and entrance to the parking garage. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Authorization is hereby granted to close Market Street between the Loudoun Times-Mirror and Wirt Street and King Street between Cornwall and Loudoun Streets, as well as the Market Street exit and entrance to the parking garage from 6:30 p.m. to 11:00 p.m. Saturday, May 25, 1996. 96-89 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENTWITH TRAFALGAR HOUSE PROPERTY, INC., AND THE GREENWAY FARM OWNER'S ASSOCIATION, INC. WHEREAS, Trafalgar House Property, Inc., (Trafalgar) desires to construct and the Greenway Farm Owner's Association, Inc., (Greenway Farm) desires the right and accepts responsibility to maintain irrigation facilities and improvements on town rights-of-way in Greenway Drive and South King Street; and WHEREAS, the irrigation system will be privately maintained and operated; and WHEREAS, the agreement ensures that Trafalgar and Greenway Farm have full responsibility for installation and maintenance of the system; and WHEREAS, the agreement protects the town from undue financial and liability exposure; and WHEREAS, approval of the use of public right-of-way for installation and maintenance of the irrigation system must be granted by Town Council; and WHEREAS, a final draft of the license agreement authorizing conditional use of town right-of- way for this purpose has been reviewed by the Deputy Town Attorney. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute, in a form approved by the Deputy Town Attorney, a license agreement with Trafalgar House Properties, Inc., and the Greenway Farm Owner's Association, Inc., authorizing the use of town right-of-way for the purpose of installing and maintaining an irrigation system. 96-90 - RESOLUTION - ADOPTING THE PRELIMINARY RECOMMENDATION OF THE JUDICIAL CENTER REVIEW COMMITTEE WHEREAS, Resolution No. 96-81 created a judicial center review committee to review the county's Judicial Center Task Force report from a town perspective; and WHEREAS, the committee met on April 29, 1996, and on May 2, 1996; and WHEREAS, the committee adopted the following resolution: CO 5/14/96 -8- The town's Judicial Center Review Committee recommends to Town Council to adopt a resolution recommending that the Loudoun County Board of Supervisors commission forthwith a feasibility study of the proposed judicial center with input from the town. The feasibility study shall include a site location analysis, a budget, and a space program. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The' Loudoun County Board of Supervisors is hereby recommended to commission forthwith a feasibility study of the proposed judicial center with input from the town. The feasibility study shall include a site location analysis, a budget, and a space program. 96-91 - RESOLUTION - DENYING A REQUEST FOR WAIVER OF AVAILABILITY FEES WHEREAS, a formal request for waiver of water and sewer availability fees was received by Council for a historic structure located at 30 Linden Hill Way in Leesburg; and WHEREAS, Section 15.1-321 of the 1950 Code of Virginia, as amended, requires that water and sewer fees be uniformly applied and makes no provision for a waiver of such fees for a historically significant structure owned by private citizens: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The request for waiver of water and sewer availability fees by Mr. Charles G. Jones, in behalf of Mr. & Mrs. Edward Jenkins, contract owners of 30 Linden Hill Way, Leesburg, Virginia is hereby denied. 96-92 - RESOLUTION - AWARDING A CONTRACT FOR INTERSECTION IMPROVEMENTS, EDWARDS FERRY ROAD AT PLAZA STREET, PHASE 1, TRAFFIC SIGNALIZATION WHEREAS, the Capital Improvement Program includes a project for a traffic signal at Edwards Ferry Road at Plaza Street; and WHEREAS, sealed bids for the work were solicited by public advertisement and received on April 26, 1996; and WHEREAS, bids were evaluated pursuant to the bid documents and the town Purchasing Policy; and WHEREAS, The Brother's Signal Company submitted the lowest and responsive bid in the amount of $96,165.00 and has been determined to be responsible. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized and directed to execute, on behalf of the town, a lump sum contract with The Brother's Signal Company for the contract amount of $96,165 for Intersection Improvements, Edwards Ferry Road at Plaza Street, Phase 1 Traffic Signalization VOTE: Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Umstattd, Webb and Mayor Clem Nay: None Abstain: Councilmember Trocino from 11. (h) and (k) 11. (d) MOTION: On motion of Mr. Atwell, seconded by Ms. Emswiller, the following resolution was proposed and adopted. 96-93 - RESOLUTION - ENDORSING THE JOINT POLICY COMMIT'FEE RECOMMENDATION TO DENY A REQUEST TO AMEND THE ANNEXATION AREA DEVELOPMENT POLICIES (AADP) TO PERMIT A NEW MEDIAN CROSSOVER ON ROUTE 7 AT CARRADOCHALL WHEREAS, on April 25, 1995 the County/Town AADP Joint Policy Review Committee received a request to consider amending the AADP Policies to permit the creation of a new median crossover at Carradoc Hall as part of the Route 7 widening project; and CO 5/14/96 -9- WHEREAS, on May 17, 1995 the AADP Joint Policy Review Committee considered the request and voted not to recommend approval of the amendment request for the reasons cited in the Loudoun County staff report; and WHEREAS, on June 7, 1995 the Board of Supervisors endorsed the Joint Committee recommendation. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Leesburg Town Council hereby adopts the Joint Committee recommendation not to support this amendment request to the Annexation Area Development Policy. VOTE: Aye: Councilmember Atwell, Buttery, Emswiller, Trocino, Webb and Mayor Clem Nay: Councilmember Umstattd 11. (e) MOTION: On motion of Mr. Trocino, seconded by Mr. Webb, the following resolution was proposed and adopted. 96-94 RESOLUTION AUTHORIZING AN INTRODUCTION LETTER AND PRESS CONFERENCE SITE FOR THE TRANSCENDENTAL ARTS COUNCIL WHEREAS, the Transcendental Arts Council (TAC) requests Leesburg serve as a host community for a period of one year; and WHEREAS, TAC requests as a host community the town sponsor the TAC by providing moral support and certain services; and WHEREAS, TAC requests the Town Council provide a letter of introduction; and WHEREAS, TAC requests the Town provide a site for a press conference for their initial kick- off.' THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to provide the attached letter to the Transcendental Arts Council for distribution. SECTION II. The Town Manager is authorized to provide a press conference site on town property for the purpose of promoting the initial efforts of the Transcendental Arts Council. DISCUSSION: Ms. Emswiller suggested there may be some legal issues with this matter and that the Town Council needs to be concerned with what is being endorsed. She expressed concern with setting a precedent. Mr. Buttery agreed, stating that this is an open-ended endorsement and he is not sure what is being endorsed. Mr. Webb and Ms. Umstattd agreed with Ms. Emswiller and Mr. Buttery's comments. After comments by Councilmember Atwell and Mr. Heatwole, the resolution was adopted by a vote of 4-3. VOTE: Nay: Councilmember Atwell, Trocino, Webb and Mayor Clem Councilmember Buttery, Emswiller and Umstattd MOTION: On motion of, and duly seconded, the meeting was adjourned at 9:45 p.m. Clerk of Council J~es E. Clem, Mayor