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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. 400 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. !!~./9/93 -3- 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 11/9/93 -4- 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 403 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 407 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 /5/93 -9