HomeMy Public PortalAbout1993_11_09 (2)399
TOWN COUNCIL MEETING MINLrI~S OF NOVEMBER 9, 1993
A regular meeting of the Leesburg Town Council was held on November 9, 1993, at 7:30 p.m. in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. The meetingwas called to order by the Mayor.
INVOCATION was given by Councilmember Georgia W. Bange
SALUTE TO THE FLAG was led by Councilmember George F. Atwell
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Chief of Current Planning Lee Phillips
Public Information Officer Susan Farmer
Director of Parks and Recreation Gary Huff
Director of Planning, Zoning and Development Michael Tompkins
Town Attorney George Martin
Clerk of Council Barbara Messinger
APPROVAL OF MINUTES
On motion of Mr. Webb, seconded by Ms. Bange, the special meeting minutes of October 20, 1993, October
25, 1993, and October 26, 1993, and regular meeting minutes of October 26, 1993, were approved as written.
VOTE
Aye.'
Nay:
Abstain:
Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
Councilmember Umstattd (Special meeting minutes of October 25, and 26, 1993)
NEW BUSINESS
11.(a)
MOTION
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
93-212-RESOLUTION- AMENDINGRESOLUTIONNUMBER93-155 REGARDING FORT JOHNSTON
WHEREAS, the Town of Leesburg, on July 27, 1993 in Resolution No. 93-155 requested the
Commonwealth Transportation Board to establish an enhancement project for the acquisition of the Fort
Johnston Historic and Civil War site; and
WHEREAS, in Section II of that resolution, the Town agreed to reimburse the Virginia Department
of Transportation if cancellation of the project occurred; and
WHEREAS, it is neither the intent nor the desire of the Town to exercise any power of condemnation
or eminent domain over the Phillips and Rothrock properties; and
WHEREAS, it is the desire and intent of the Town to place any funds received from the Virginia
Department of Transportation in relation to the Town's request in escrow while the Town explores alternative
uses for the funds received, sucl~ alternative uses to possible include development of a town-wide network of
biice trails to better implement the goals of the Internodal Surface Transp,jrtation Efficiency Act; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia os follows:
SECTION I. The Town Manager is hereby directed to notify Mr. Phillips and Mr. Rothrock that the
Town did not intend to exercise any power of condemnation in relation to their properties and will not pursue
any condemnation or purchase, at this time, of their properties.
SECTION II. The Town Manager shall direct the Town Attorney and staff to develop a course of
action to permit the Town to implement the goals of this resolution, which course of action may include
rescission in whole or in part of Resolution No. 93-155.
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DISCUSSION
Mr. Webb asked that the Resolution be amended to say "or purchase of at this time".
Ms. Umstattd commented that Senator Waddell played an active roll in encouraging the town to examine
alternative uses for the funds. She stated the Senator recommended the town hold the funds when received
in escrow, possibly for bicycle trails.
VOTE
Aye: Councilmember Atweli, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
CERTIFICATES OF APPRECIATION
Mayor Clem and Mr. Atwell presented Certificates of Appreciation to former members of the Economic
Development Advisory Commission.
PETITIONERS
Janet Perry_ presented preliminary information regarding the Thomas Balch Library. In reference to the
budget for the upcoming year, she expressedconcerns as to what may happen to the Balch Library. She hoped
to have the support of the Town of Leesburg while working through the budget process.
James. Ba. te.s, resident of Paddington Way, N.E. submitted a petition regarding proposed rezoning -
Pence/Friedel. He read excerpts from the rezoning application.
Steve Lee asked if the resolution was to exclude the public hearing or postpone it.
Mayor Clem stated that the proposed resolution will cancel the public hearing.
Doris Johnson felt it was important to remember that the more commercialwe rezone, the weaker the existing
businesses in downtown become. She suggested the Economic Development Commission "get out and beat
the bush" to acquire high powered industries.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted.
93-213 - A RESOLUTION: CANCELLING THE PUBLIC HEARING FOR REZONING #ZM-137 AND
#SE-93-03 BY ROBERT FRANK PENCE C/O PENCE FRIEDEL DEVELOPERS, INC.
WHEREAS, Resolution #93-210 authorized a public hearing for the above-described rezoning and
special exception applications:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The November 23, 1993 public hearing on rezoning application #ZM-137 and special application
#SE-93-03 by Robert Frank Pence/c/o Pence Friedel Developers is hereby cancelled.
VOTE
Nay:
Abstain:
Councihnember Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem
None
Councilmember Trocino
Bill McChesney, representing Leesburg Haaatings, repaid the $2,000 donation given by the Town Council for
the event. He reported gross receipts for the event of $9,600 with a net profit of $4,199.18. Mr. McChesney
also remarked on the high ratings received on the event from tour guests. He thanked the Council for their
support ~nd told Council they woma receive the information in w~tiag.
Brian Perry spoke in reference to the new stop sign on Plaza Street. He noted there are no new traffic
patterns to warn drivers of the new stop sign. Receiving a ticket, he felt he had been treated unfairly.
Mayor Clem asked t~at Mr. Brown get the details fi'om Mr. Perry.
Bob Premack addressed the Council on the County Complev issue He proposed the Town Council form a
body to look at a different site in the Town of Leesburg for a county comptex. He encouraged that it be done
openly and publicly and that the town come up with possible sites within the town limits on vacant land with
no condemnation. He believed it was important that the Town raise independent action.
Tom Galloway, a resident of I_ eesburg, spoke in favor of the ordinance as proposed regarding common parking
ll/q/?3 -2~
401
lots.
A.C. Echols addressed the Town Council. His statement is attached and made a part of the official record.
He asked the Council to deny Harper Park rezoning and request Loudoun County to do the same, if not then
the Town of Leesburg should deny water and sewer service to Harper Park.
Sid Lissner, resident of Brown's Meadow Court, commended the Council for the two resolutions passed at
this meeting. He was concerned that federal and state contributions through ISTEA would not be sufficient
to cover development and maintenance costs of Fort Johnson, and also that the site was not in the town limits.
He also thought the development of the Signet Bank site takes careful consideration and felt what the council
did was wise. Mr. Lissner reminded Council their mission is to maximize the public good and minimize
injustice.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed and unanimously
adopted.
93-0-40 - AN ORDINANCE - AMENDING SECTION 13-75(c)(2) OF THE LEESBURG SUBDIVISION
AND LAND DEVELOPMENT REGULATIONS
WHEREAS, the Planning Commission requested that the Town Council consider an amendment to
the Subdivision and Land Development Regulations to prohibit the extension of lots into the area of a
common parking court; and
WHEREAS, the Town Council initiated an amendment to the Subdivision and Land Development
Regulations as requested by the Planning Commission per Resolution No. 93-175; and
WHEREAS, on October 12, 1993 a joint public hearing of the Town Council and Planning
Commission was held on this proposed amendment; and
WHEREAS, the Planning Commission forwarded a recommendation of approval of this amendment
which would prohibit residential lots from extending into a common parking court because they believe this
practice of extending lots into the common parking court should not be permitted because it reduces the
usable front yard for which the resident will be taxed, creates unnecessary liability concerns for the
homeowner, increases the density of a site while offering no benefit to the resident, and gives no assurance
that the resident will have the sole use of that portion of his property within the common parking court.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 13-75(c)(2) of the Subdivision and Land Development Regulations is hereby
amended as follows:
"SECTION 13-75 LOTS
(c) Every residential lot shah abut a public street; except as provided below:
(1) ...,
(2) Dwellings Abutting Common Parking Courts. Single-family detached, two-family and
single-family attached dwelling lots may abut but not extend into a common parking
court provided that:
((a)) Approval Criteria..."
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 zoning ordinance.
SECTION IV. This ordinance shah be in effect upon its passage.
VOTE
Nay:
Councilmember AtweH, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
None
COUNCILMEMBER COMMENTS
Mr. Webb expressed disappointment in the vote on November 2, t993 regarding the County Complex.
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402
Mr. Blake stated "the election has come and one. I made no public comment about how I felt during the
campaign, but now I do wish to say something about my observations on the issue.
I am totally astounded by the amount of lies and half truths that were used in an effort to get people to vote
against the issue. I have never been associated with anything that was pushed down into the gutter as much
as was this issue.
I believe in the right of anyone to disagree with another. I don't believe that an honest answer should be
construed as a threat just because you don't want to hear it. If people took exception to the truth, this would
be a hell of a world.
People who feel that their rights are being infringed on should fight, but don't lie about your opponent. If
you have noting else to say, then at least have the dignity to not make up half truths and lies to get your
message across.
I fell that when a person runs for and is elected to public office, your responsibilities changes. In deciding
why you want to become a member of a ruling body, you probably feel very strongly about an issue. If you
win you are then confronted by the fact that your responsibilitiesto all the people on ali issues and you should
do so with an unbiased approach.
The fliers which were passed out by the opposition on the complex issue were all noted to be authorized by
different individuals. Without an exception the opponents fliers were all filled with lies and half truths. I was
accused of saying untruths. When I confronted that person who said it with the person that it was said to, the
person making the statement denied having even made the statement.
There has been a saying for a long time "small people have big mouths and seldom do they ever say the truth."
I have seen quite a few of these kinds of people during this past election.
Probably, the biggest disappointment that I had in the past election was this. I quickly realized that I could
no longer have faith or trust in one of my fellow councilmembers. Serving as a public official has certain
responsibilities amongst which, there are two that I feel should be the main guide lines - serving with dignity
and integrity to all constituents not just a few. Whether you are for the opponents or for the proponents, this
should apply.
Even though a councilmember might feel very strongly about the position they take on an issue, there are
other things that have to be done to keep government operating - council meetings, committee meetings,
interviews, etc. In the case of one councilmember, this councilmember missed at least five meetings that were
very important to the continuing functions of the Town Council. I have reason to believe that at least some
of those times were missed because of that councilmember meeting with county government complex
opponents. It is true that the complex opponents won the election, but I believe that the people of Leesburg
have come out the big losers. I believe that real estate assessments have not yet hit bottom. People who have
moved into Leesburg - in the last campaign have said don't Fairfax Leesburg and Loudoun County. However,
they still look for the same services and amenities as they had where they came from. What is the answer?
When assessments go down - rates go up at least it is the feeling by many, if the complex had come to
Leesburg property values in town would have increased and the town would have gained by that change.
To prove my point, I just today talked with a home owner who had just applied to get a cheaper home loan.
He found out that even since November 2, his property values had dropped. The lending company had no
answer to give. I believe this trend will continue for several years to come, and I expect to probably see tax
rates go up.
November 2 has passed. I am not greatly disappointed that the complex issue failed to be approved. I
fervently hope that the town and county could somehow get together and still try to locate Loudoun County
Government Center somewhere in the Leesburg corporate limits. Whoever speaks of Loudoun County thinks
about Leesburg. When Leesburg is mentioned Loudoun County is thought about - each one is synonymous
with the other.
I was not born in Loudoun County, I was born in Fairfax, I love Loudoun County and Leesburg. I have
served Loudoun, and Leesburg in politics for just over eleven years. I have never asked anything more from
Loudoun or Leesburg than what I was willing to give back in return. I would like to think that I did so with
dignity and integrity. I have tried to serve all of my constituents with equal zest and determination, and shall
continue to do so as long as I remain in office. I learned as a child that honesty, fairness and dignity went
a long way in life."
Mr. Blake announced that he would not seek re-election.
Ms. Umstattd stated that her faith in the voters of the town and county has been bolstered by the defeat of
the County Complex. She stated she always had full confidence that the voters were wise enough to
distinguish between truth and lies and they proved this by' voting against the Complex, which she believed
would have raised taxes to an unacceptable amount. She wished Mr. Blake well.
Mr. I¥ocino agreed with speaker Premack's comments. He felt the Town of Leesburg should be prepared
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to work with Loudoun County in what ever they decide to do.
Mr. Atwell reported the Economic Development Commission held a very good meeting on November 4, 1993.
He announced a Public Forum would be held by the Commission on November 30, 1993 and invited the public
to attend and participate.
He attended a meeting of the Thomas Balch Ad Hoc Committee of the Loudoun County Library Trustees
and asked the Town Council to lend its support to keep the library open.
Ms. Bange commented that she didn't take things aimed at her too personally as long as she did what she felt
was right for the people of the Town of Leesburg.
MAYOR'S REPORT
Mayor Clem also agreed with Mr. Premack's comments.
He mentioned the Town is still having problems with leaf collection and maybe the situation should be re-
evaluated. He asked that a spring clean-up day in May be organized.
Mayor Clem was disappointed to hear Mr. Blake would be leaving.
MANAGER'S REPORT
Mr. Brown appreciatedthe Mayor's comments on the leaf collection and agreed to aim for May for scheduling
of a clean-up day.
LEGISLATION
lO.(b),(cL(e),(f)
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the following resolutions were proposed as consent and
unanimously adopted.
93-214 - A RESOLUTION: AUTHORIZING THE SALE OF SURPLUS PROPERTY
WHEREAS, several items of surplus property have outlived their usefulness to the town; and
WHEREAS, the property must be disposed of at an advertised public auction; and
WHEREAS, an auction has been set for noon on Wednesday, December 8, 1993 at the Public Works
Warehouse.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized and directed to sell at public auction on December 8, 1993
the following surplus property:
1 1976 GMC Pickup
2 1984 Ford Crown Victorias
1 1985 Chevrolet Impala
2 1986 Chevrolet Caprices
1 2-speed moped
1 Dirt Bike (frame only)
Miscellaneous Bicycles
SECTION II. The manager shah publish appropriate notices of the items available in the November
19 and 26 LeeSburg Today.
93-215 A RESOLUTION:AUTHORIZING A PUBLIC HEARING TO CONSIDER THE
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ESTABLISHMENT OF A SEWER PRO-RATA FOR THE CATTAIL BRANCH
WATERSHED
WHEREAS, on October 26, 1993, the Town Council, by resolution number 93-206 amended the
September 1987 Sewer System Master Plan by adoption of Alternative No. 1 as the "official plan" for
expansion and upgrade of the sewage collection and conveyance system within the service area of the'Town
of Leesburg; and
WHEREAS, the town proposes capital expenditures to be included in the FY 93-FY 98 Capital
Improvements Program, for sewer conveyance system improvements within the Cattail Branch Watershed to
include construction of approximately 22,000 feet of gravity sewer pipes, a 4.8 MGD sewage pumping station
11/9/93 -5-
404
and 6,000 feet of forcemain at an estimated cost of $6,740,000.000; and
WHEREAS, Section 15-15 of the Town Code authorizes the town to collect pro-rata fees for town-
constructed sewer conveyance facilities necessitated, at least in part, by future subdivisions or development
of land; and
WHEREAS, it is the Council's desire to receive public comment on the proposed establishment of
a Cattail Branch Sewer Pro-rata.;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing by the Town Council to consider establishment of a sewer pro-rata for the
Cattail Branch Watershed shall be published in Leesburg Today on November 26, 1993 and December 3, 1993,
for a public hearing on Tuesday, December 14, 1993. The public hearing shall begin at 7:30 p.m. or as soon
thereafter as the matter may be reached, and shall be held in the Council Chambers of the Municipal
Government Center, 25 West Market Street, Leesburg, Virginia. The clerk shall publish notice of this hearing
and the Council's intention to consider the establishment of a sewer pro-rata.
93-216 - A RESOLUTION:AUTHORIZING VETERAN'S DAY, NOVEMBER 11, 1993 AS A PAID
PUBLIC HOLIDAY FOR TOWN EMPLOYEES
WHEREAS, Article 15 - Holidays, of the adopted Town of Leesburg Personnel Manual does not
include the second Thursday in November - Veteran's Day as an observed paid holiday for all town employees;
and
WHEREAS, a formal amendment to the Personnel Manual regarding Veteran's Day may be
considered in the future as part of a comprehensive review of the town's Personnel Manual; and
WHEREAS, on November 2, 1993 the Administration and Public Works Committee of the Council
recommended this administrativeobservation of Veteran'sDay this year to bring the town in conformance with
the county, state and federal government, which observe this holiday.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to administratively implement the observation of Veteran's
Day - November 11, 1993, as a paid public holiday for all town employees.
93-217 - A RESOLUTION: ENDORSING OPPOSITION TO THE COLLECTIVE BARGAINING
MANDATE PROVISIONS IN THE UNITED STATES HOUSE RESOLUTION
2739 "AVIATION INFRASTRUCTURE INVESTMENT ACT OF 1993" BILL
WHEREAS, HR 2739, the "Aviation Infrastructure Investment Act of 1993" currently as written
mandates collective bargaining for the employees at Washington National and Washington Dulles International
Airports; and
WHEREAS, this provision presents an unprecedented intrusion by the Congress in Virginia state and
local matters; and
WHEREAS, this would be the first time ever that Congress has imposed the National Labor Relations
Act (NLRA) on a group of state employees; and
WHEREAS, the NLRA specially excludes state employees; and
WHEREAS, this provision is a unilateral change in labor laws in the absence of a single public
hearing; and
WHEREAS, when the airports were transferred to local control, in the agreement, Congress promised
never to impose any federal mandates simply becau3¢ the two ports had once been owned by the federal
government; and
WHEREAS, the Metropolitan Washington Airport Authority has already raised its strong opposition
to the mandate.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Town Council opposes this provision of U.S. HR 2739 on the basis that
the Airports Authority is not a federal agency and its labor policy is not the responsibility of the Congress.
SECTION II. The Leesburg Town Council calls upon the Governor and Secretary of the
Commonwealth of Virginia to intervene on its behalf.
VOTE
'LL/9 '9 :~
405
Aye: Counciimember Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
10.(d)
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and adopted.
93-218 - A RESOLUTION:AMENDING THE 1993-98 CIP AND FY 1994 BUDGET TO INCLUDE THE
I2}
CATTAIL BRANCH SEWAGE CONVEYANCE PROJECT
WHEREAS, on October 26, 1993, the Town Council, by resolution number 93-206 amended the
September 1987 Sewer System Master Plan by adoption of Alternative No. 1 as the "official plan" for
expansion and upgrade of the sewage collection and conveyance system within the service area of the Town
of Leesburg, thereby deleting reference to the East Leesburg Sewer project; and
WHEREAS, the adopted five-year Capital Improvements Program (CIP) for 1993-98 includes the East
Leesburg Sewer project, for construction in FY 1995 at a cost of $3,917,000; and
WHEREAS, it is necessary to amend the 1993-98 CIP to include the Cattail Branch Sewer project
for future funding through the use of surplus bond proceeds, developer contributions and unrestricted utility
funds, at an estimated cost of $6,740,000; and
WHEREAS, the adopted FY 1994 Budget includes a Utility Fund appropriation in the amount of
$650,000.00 for the East Leesburg Sewer project; and
WHEREAS, the East Leesburg Sewer appropriation should be rescinded and those funds
appropriated to the Cattail Branch Sewer project for the remainder of FY 1994;
THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Section I. The 1993-98 CIP is hereby amended to delete project #58, the East Leesburg Sewer
through adoption of the Cattail Branch Sewer project.
Section II. The FY 1994 Budget is hereby amended by rescinding the $650,000.00 appropriation to
the Utility Fund capital project account #306.3140.700.739, referenced as East Leesburg Sewer, and
appropriating the same amount to the new Cattail Branch Sewer project.
DISCUSSION
Ms. Umstattd expressed concerns with this direction. The new project would cost $2.8 million more to build
than the original project. She understands the cost arguments, but in taking this route the Town is
jeopardizing the current water and sewer rates especially, in that, surplus bond proceeds would be used to help
fund this. She preferred to see them used to defer any additional increases in water and sewer rates. She was
also concerned if insufficient developer contributions were to come in, the taxpayers of the town would have
to pick up the $2.8 million. She felt this project appeared to benefit primarily out of town development. She
disagreed with those who claim the town is legally obligated to provide water and sewer to out of town
development at this time. She believed it was up to the town to decide when to provide service outside the
town limits.
Mr. Webb clarified that the $2.8 million would be paid by the developer.
Mayor Clem reinforced Mr. Webb's point.
Ms. Bange questioned if bond money was only to be used for construction and replacement of infrastructure.
Ms. Umstattd commented the reason the additional 10% rate increase was not imposed was because of the
savings due to the lower interest rates on the bond.
Mr. Brown answered Ms. Bange's question confirming that the excess sewer plant construction bonds were
for operating expenses. It has to be put toward capital projects. He also agreed with Mr. Webb's statement
that the funds would be accumulated through availability fees.
VOTE
Aye'
Nay:
Councilmember Atwell, Bange, Blake, Trocino, Webb, and Mayor Clem
Councilmember Umstattd
NEW BUSINESS
11.(b)
11/9/93 -7-
406
MOTION
On motion of Ms. Bange, seconded by Mr. Blake, the following resolution was proposed and adopted.
93-219 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND WATER AND SEWER
EXTENSION PI{RMITS FOR KINCAID FOREST PttASE 1, SECTION 8
WHEREAS, the construction drawings and final plat for Kincaid Forest Phase 1, Section 8 have been
approved; and
WttEREAS, the developer, First Potomac Development Company, wishes to proceedwith installation
of the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for Kincaid Forest Phase 1, Section 8 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 First Potomac
Development Company for the improvements shown on the plans approved by the Director of Engineering
and Public Works for Kincaid Forest Phase 1, Section 8.
SECTION II. The extension of municipal water and sewer for Kincaid Forest Phase 1, Section 8 is
approved in accordance with Section 15-9 and 19-18 of the Town Code.
VOTE
Aye: Councilmember Atwell, Bange, Blake, Umstattd, Webb, and Mayor Clem
Nay: None
Abstain: Councilmember Trocino
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
92-220 - A RESOLUTION:AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
STONEGATE PttASE 1, SECTION 2
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I.
1, Section 2.
The manager shall execute the contract for public improvements for Stonegate Phase
SECTION II. The extension of municipal water and sewer for Stonegate Phase 1, Section 2 is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
American Home Assurance Company in the amount of $821,879.92 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and Public
Works for Stonegate Phase 1, Section 2.
VOTE
Aye: Councilmember Atwell, Bange, Blake, Webb, and Mayor Clem
Nay: Councilmember Umstattd
Abstain: Trocino
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
93-221 - A RESOLUTION: AUTItORIZING TIlE USE OF DIE TOWN OF I.EESBURG DESIGN AND
CONSTRUCTION STANDARDS MANUAL (DCSM) BY THE TOWN OF
PURCELLVILI.E IN PREPARING A PUBLIC FACILITIES STA,NDARDS MANUAL
WHEREAS, the Town of Purcellville has requested the use of the Town of Leesburg DCSM in the
development of a public facilities standards manual tailored to the needs of the Town of Purc¢llville; and
WItEREAS, a comprehensive public facilities standards manual is critical to the proper design and
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installation of public infrastructure and the land development process; and
WHEREAS, Leesburg can make available its DCSM on computer disk which will aid the effort by
the Town of Purcellville to expedite the project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town of Purcellville is hereby authorized to use the Town of Leesburg Design
and Construction Standards Manual (DCSM) in preparation of a Public Facilities Standards Manual for the
Town of Purcellville.
SECTION II. The Town of Purcellville shall confirm in writing in a form approved by the Leesburg
Town Attorney, that Purcellville shall indenmify and hold the Town of Leesburg harmless for any act rising
from the use of Leesburg's DCSM.
SECTION III. The Town Manager shall make available to the Town of Purcellville the Leesburg
DCSM on computer disk once the written confirmation identified in Section II is received.
DISCUSSION
Ms. Umstattd asked Mr. Brown to have Debbie Welsh check to insure that the Town of Leesburg would be
held harmless if Purcellville were to give the document to another jurisdiction.
VOTE
Aye: Councilmember Atwell, Bange, Blake, Trocino, Umstattd, Webb, and Mayor Clem
Nay: None
MOTION
On motion of and duly seconded, the meeting was adjourned at 10:00 p.m.
James E. Clem, Mayor
Clerk of Council
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