HomeMy Public PortalAbout1987_11_25 )37
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
I other counties. We need this expansion to insure the elderly citizens of
the community this much needed service will be available in the future
without having to travel a long distance to acquire this type of service.
There was considerable favorable discussion on this item.
The public hearing was closed at this time.
On motion by Mr. Williams and seconded by Mr. Clem, this item was re-
ferred to the Finance and Administration Committee for further considera-
tion.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
PUBLIC HEARING ON REZONING APPLICATION //ZM-92 BY BRUCE BROWNELL
Jay Hicks explained this is a proposal to rezone nine acres of land
on what was once part of the Paxton Home property. This application was
denied by the Planning Commission for three reasons -- a concept plan was
not available to the Commission, proffers were not made available for Com-
mission review, and finally the time for the Commission to make a decision
had expired and an extension had not been granted by the applicant.
There was some discussion on the streets -- the layout of the different
streets involved, where they will connect, etc. There was also some discus-
sion on the water and sewer location. The developers of Exeter, the devel-
opers of the Manor Subdivision, Poretsky Builders, and Brownell who is
doing the Paxton Subdivision are working cooperatively to resolve these
utility requirements.
Eric Zicht with Paciulli Simmons and Associates, the engineers for
Bruce Brownell on the Paxton development. As far as the sewer, water and
storm drainage, they are working in conjunction with the Manors of
Leesburg, and with Exeter in order to share in construction costs of bring-
ing the utilities to the three sites. Exeter is planning on Exeter's prop-
erty expanding the existing Cattail Creek lift station -- this would be a
temporary improvement in anticipation of the sewer club replacement of that
station further downstream. One of the ponds in Exeter would be construct-
ed in advance and used for storm drainage retention and water system within
Exeter. There is a 16-inch main that loops through their project along the
proposed Battlefield Boulevard tying back into the town system and supple-
menting the town's existing deficiencies on business Route 15, North King
Street. With these improvements all the utilities would be available.
Mark Seeger with Paciulli Simmons said this is an eight and one-half
'acre tract which is part of the Paxton parcel. It is currently zoned Coun-
ty R-1 and they would like to rezone it to Town R-1 with 10,000 square foot
minimum lot size. Currently, they have a preliminary plan to the east for
Exeter, which are the townhouses, and to the south they have the approved
preliminary plan which is the same zoning as for Paxton 1 through 4, and to
the west, the Manors of Leesburg, Poretsky and Exeter. The proffers were
signed by Brownell, Inc. , and the Paxton Trustees today and were handed to
Council and should address any issues of concern which were brought up
before. He summarized the proffers for the Council at this time.
The public hearing was closed.
On motion by Mr. Williams, seconded by Mr. Curry, Council voted to
refer this matter back to the Finance and Administration Committee for
further consideration.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Williams said he had the opportunity to participate in the Virgin-
ia/North Carolina Parks and Recreation Association that was held in
rt
2;1; MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
Winston-Salem, North Carolina. There were approximately 3,000 professional
parks and recreation people in attendance. General Tice, National Presi-
dent, from Alexandria, gave an educational speech to the group. Wayne
Hughes who had one of his park designs to show was also there.
Mr. Clem reported the Airport Commission met on the 12th of this
month. The Firestone pilot was present and gave the Commission a lot of
good information. Jim Haynes was there and reported on a new PAPI system
that has been installed at the airport. This is a series of lights that go
across the runway and help determine the slope and the altitude as you are
landing. A rent increase and lease agreements were also discussed.
Mr. Curry said the Planning Commission meeting had been cancelled
because nothing had been forwarded from committee for action. There is a
lot of work ahead for the Planning Commission.
Mr. Kelley said Mr. Tolbert, Steve Brown and he had attended a dinner
sponsored by the Virginia Municipal League relative to their package going
to the General Assembly this coming session. The dinner was hosted by the
Mayor of Warrenton. An assessment of the package was given by two members
of the legislature, Harry Parish and Senator Joe Garland.
MANAGER'S REPORT
Assistant Town Manager Steve Brown reported the following:
( 1) The Activity Report was distributed Monday. Nancy Fixx, represent-
ing the town, received an award from the United Way of Loudoun County.
(2) We are losing Keith Kirschnick, Assistant Director of Engineering
and Public Works. He is taking a position in Carroll County, Maryland.
Keith has been with the town since June 1986.
(3) The Lamplighter was mailed on Monday, November 16, to all the
residents- in Leesburg.
(4) Hanna Weber, Architect for the municipal government center and
parking structure, was here Monday. He was here for two purposes -- one to
meet with our new cost estimator, Scharf-Godrey, and present the design to
that company, and to make a presentation before the Board of Architectural
Review; at which time, we were granted the necessary demolition permits
necessary to begin the process of working on the new building.
At this time, there was a five minute recess.
LEGISLATION
87-255 - RESOLUTION - REQUESTING THE GENERAL ASSEMBLY TO CONDITION ANY
INCREASE OF RECORDATION TAXES ON DISTRIBUTION OF
PART OF ADDITIONAL REVENUES TO THE TOWN
On motion by Mr. Williams, seconded by Mr. Kelley, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, Loudoun County desires to amend state law to permit a county
recordation tax increase from $0.05 per $100 to $0. 15 per $100; and
WHEREAS, this additional tax is estimated to generate more than three
million dollars annually for the Loudoun County road construction; and
WHEREAS, a substantial portion of this revenue will be raised from
property transactions within the Town of Leesburg, while none of the addi-
tional revenue will be used to assist with the financing of Leesburg's
urban system projects;
WHEREAS, Leesburg represents 13 percent of the county' s total assessed
real estate value; and
WHEREAS, Leesburg's transportation needs are estimated to exceed
$88,000,000 according to its adopted Town Plan; and
WHEREAS, equity requires that a part of the revenues generated by any
increase in the recordation tax rate be earmarked for Leesburg's urban
system projects:
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987 56/
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
II SECTION I. This Council requests that any increase in the recordation
tax to help fund road construction projects in Loudoun County specifically
provide for a revenue sharing mechanism with Leesburg. Alternatively, any
enabling legislation must authorize agreements between the Board of Supervi-
sors and Town Council for the town to share in the annual proceeds collect-
ed from the increased tax, said amounts to be allocated exclusively to
eligible Leesburg's urban system highway projects.
SECTION II. The manager is authorized and directed to transmit a copy
of this resolution to the Honorable Gerald L. Baliles, Governor of the
Commonwealth, the Honorable Vivian Watts, Secretary of Transportation and
Public Safety, the Honorable Ray Pethtel, Commissioner of Transportation,
the Honorable Charles L. Waddell, the Honorable, Kenneth B. Rollins, the
Honorable Robert Andrews, the Honorable Betty Tatum, Chairman of the
Loudoun County Board of Supervisors and Charles Perry, District Engineer
for VDOT.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
87-256 - RESOLUTION - AUTHORIZING A CAPITAL PROJECT FOR DESIGN AND
CONSTRUCTION OF A BOOSTER WATER PUMPING STATION
FOR THE ROUTE 643_SERVICE AREA
On motion by Mr. Williams, seconded by Mr. Clem, the following resolu-
tion was proposed and unanimously adopted:
1
WHEREAS, the Route 643 water line is very near completion and expected
to go into operation by the end of November 1987; and
' WHEREAS, a special study evaluating flow and pressure was prepared by
Camp Dresser & McKee and this study recommends installation of a booster
station to increase water pressure in the Route 643 service area; and
WHEREAS, the booster pumping station is necessary to provide adequate
water pressure to all parts of the Route 643 service area:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
•
SECTION I. The Route 643 booster water pumping station is established
as a capital project, account no. 3120. 700. 150. 300. Design of the facility
shall be scheduled for FY 88 with construction in FY 89.
SECTION II. An appropriation in the amount of $70,000.00 is made to
account number 3120. 700. 150. 300 from the Utility Fund for engineering and
design services.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following ordi-
nances and resolutions were proposed and unanimously adopted as consent
items:
At this time, the Mayor asked Mr. Curry to explain item (g) regarding
an availability fee study. Mr. Curry said it has been 7 or 8 years since
we have had an increase in availability fees. He said we should study this
from time to time and keep the fees up to date because when we wait too
long the increase is so great that the developers really feel it. In order
to do this, we need to have a study done so if we need to increase the
fees, we can do it at a reasonable rate rather than a tremendous amount at
one time.
\P MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
87-0-33 - ORDINANCE - VACATING TWO PORTIONS OF EAST MARKET STREET
RIGHT-OF-WAY CURRENTLY USED FOR STORM DRAINAGE
PURPOSES
WHEREAS, Turner-Harwood Ventures have requested that the Town Council
vacate two portions of the East Market Street right-of-way which are cur-
rently being used for storm drainage purposes, such parcels being shown on
the development plan for Bellewood Commons, prepared by Patton, Harris,
Rust and Associates; and
WHEREAS, said right-of-way was accepted by the Town Council from the
Virginia Department of Transportation; and
WHEREAS, Turner-Harwood Ventures will provide an easement to the Town
of Leesburg for the maintenance of the existing and proposed public storm
drainage system; and
WHEREAS, a public hearing on the proposed vacation was advertised and
conducted pursuant to Section 15. 1-364 of the Code of Virginia, as amended,
on November 11, 1987, with no objection being heard; and
WHEREAS, Turner-Harwood Ventures has offered to pay to the town
$350,000 as the fair market value for the land being vacated and for other
public storm drainage improvements:
THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Two portions of East Market Street, approximately 1,329
square feet and 1,496 square feet in size, as more particularly described
on the development plan for Bellewood Commons by Patton, Harris, Rust and
Associates, is vacated pursuant to Section 15. 1-364 of the Code of Virgin-
ia, as amended.
SECTION II. The Mayor shall execute a quit claim deed on behalf of the
town releasing any rights, title and interest the town may have in the
portion of East Market Street vacated herein, at such time as consideration
is paid for said right-of-way and proper easements are accepted.
SECTION III. The clerk shall provide the applicant a certified copy of
this ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
87-257 - RESOLUTION - ACCEPTING DEDICATION OF RIGHT-OF-WAY FOR A PORTION
OF THE BATTLEFIELD PARKWAY/ROUTE 15 BYPASS INTER-
CHANGE IN THE EXETER PLANNED RESIDENTIAL NEIGHBOR-
HOOD
WHEREAS, the adopted Exeter Planned Residential Neighborhood includes
the dedication of necessary right-of-way for the future construction of a
grade-separated interchange at the intersection of Battlefield Parkway and
the Route 15 Bypass; and
WHEREAS, the Virginia Department of Transportation has confirmed that
the land to be dedicated for the interchange is sufficient to accommodate
the interchange design; and
WHEREAS, the Council has accepted dedication of the majority of the
interchange area from Richmond-American Homes of Virginia, Inc. ; and
WHEREAS, an additional portion of the interchange area is needed from
IMG/Exeter Associates Limited Partnership, developers of the Fieldstone
apartments:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Dedication of right-of-way for a portion of the eastern
half of the future interchange of Battlefield Parkway and the Route 15
Bypass by IMG/Exeter Associates Limited Partnership, as shown on a plat.
prepared by Dewberry & Davis dated May 1987, is hereby accepted.
1 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
i
SECTION II. The Mayor is authorized to sign a deed of dedication on
behalf of the town for this right-of-way in a form approved by the Town
Attorney.
87-258 - RESOLUTION - REGARDING AN AVAILABILITY FEE STUDY
WHEREAS, Leesburg's utility availability fees, intended to recover
utility fund debt service and capital outlay, were last amended for residen-
tial and commercial customers in March of 1979 and 1981, respectively; and
WHEREAS, recent water and sewer master plans submitted to the town by
Camp, Dresser & McKee, placed the value of needed utility capital outlays
through 1994 in excess of $27 million; and
WHEREAS, this Council desires its staff to prepare an availability fee
rate study to include a survey of comparative Washington area jurisdiction
availability fees; and
WHEREAS, this Council desires to place the development community on
notice that increased availability fee rates may be justified effective
July 1, 1988:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is directed to have prepared an availability fee rate study
and recommended availability fee schedule to be submitted in March prior to
the Council's prebudget workshop.
87-259 - RESOLUTION - AUTHORIZING A SUBSTITUTE AGREEMENT AND APPROVING
SUBSTITUTE PERFORMANCE BONDS FOR BATTLEFIELD PARK-
WAY, PHASE I, AND OFF-SITE UTILITIES FOR
FIELDSTONE, AND RELEASING THE LETTERS OF CREDIT BY
PULTE HOME CORPORATION FOR SAME
WHEREAS, Council Resolution //87-152 approved a letter of credit from
First American Bank of Virginia in the amount of $847,522 as security to
guarantee installation of public improvements by Pulte Home Corporation, as
shown on plans approved by the Director of Engineering for Battlefield
Parkway, Phase I; and
WHEREAS, Council Resolution //87-97 approved a similar letter of credit
for Pulte Home Corporation in the amount of $408,743 for off-site utilities
for the Fieldstone development; and
•
WHEREAS, Council Resolution #87-248 approved a reduction in the letter
of credit for off-site utilities to $81, 749; and
WHEREAS, Richmond American Homes of Virginia, Inc. , new owner of the
Exeter property, has presented documents to replace these previously ap-
proved bonds with its own guarantee and is requesting approval of same:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall execute substitute contracts for public
improvements with Richmond-American Homes of Virginia, Inc. , as shown on
plans approved by the Director of Engineering for Battlefield Parkway,
Phase I and off-site utilities at Fieldstone.
SECTION II. Two substitute corporate surety bonds for Fieldstone as
listed below are approved to replace the aforementioned letters of credit
from Pulte Home Corporation.
1. Battlefield Parkway, Phase I--bond by American Motorists
Insurance Company of Long Grove, Illinois, in the amount of
$847,521.
2. Off-site utilities--bond by American Motorists Insurance Company
of Long Grove, Illinois, in the amount of $81,749.
SECTION III. The letters of credit from First American Bank for Pulte
Home Corporation in these same amounts shown above are hereby released.
INP MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
87-0-32 - ORDINANCE - AMENDING CHAPTER 12. 1 OF THE TOWN CODE
REGARDING REVISED PAY AND CLASSIFICATION PLAN
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12. 1-10 of the Town Code, Classification of town
employees by occupational group and pay grades, is amended to read as fol-
lows:
Sec. 12. 1-10. Classification of town employees by occupational
groups and pay grades.
Employees in the town service are classified in the following occupa-
tional groups and pay grades:
Occupational Pay
Groups Positions Grade
Executive-Managerial Director of Engineering and
Public Works 24
" " Assistant Director of Engineering
and Public Works 22
" I, Director of Utilities 22
" 1, Director of Finance 22
" " Director of Planning, Zoning and
Development 22
" " Assistant Town Manager 21
It
If Chief of Police 21
II If
Director of Parks and Recreation 21
Law Enforcement Parking Meter Attendant 5
" " Police Private 13
Private First Class 14
" 1, Corporal 15
Sergeant 16
" II
Lieutenant 17 IIIII IICaptain 18
Administrative-Clerical Receptionist/Secretary 6
" 1, Secretary 7
" " Accounting Clerk I 8
Accounting Clerk II 9
II II
Administrative Assistant 9
II II
Zoning & Development Assistant 12
II " Executive Secretary 11
Clerk of Council • 11
Deputy Clerk of Council 9
" " Personnel Assistant 10
Supervisory Equipment Maintenance Supt. 16
" Water Supply Superintendent 18
" Streets, Buildings & Grounds Supt. 17
Utility Lines Superintendent 17
" WPCF Superintendent 18
Technical Utility Maintenance Assistant 7
" Senior Equipment Operator 11
It Finance Technician 11
II
Asst. Streets, Bldg. & Grounds Supt. 13
" Operator I 13
" Operator II 12
Operator III 10
" Operator IV 8
" Asst. Utility Lines Supt. (Maint. ) 13
I/
Asst. Utility Lines Supt. (I&I) 14
" Utility Plant Maintenance Foreman, I&I
Technician 11
Asst. Water Supply Superintendent 14
Capital Projects Coordinator 45 16
" Capital Projects Representative 15
Asst. WPCF Superintendent 14
il
EAgineetfng-Tethnftitn t2
II
Facility Inspector 14
II
Meter Technician 8
Professional Chief, Plan Review 21
Chief Inspector 15
il
Facility Inspector 14
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987 aZt43
Engineer II 18
Engineer I 16
Asst. Director of Planning, Zoning and
Development 18
Principal Planner 17
IT
Zoning Adm./Land Dev. Planner 17
Assistant Director of Finance 15
P}axaep-I 14
Planner II 15
Construction/Maint. Laborer 6
11Maintenance Person I 9
Maintenance Person II 11
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
87-260 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN
THE TOWN'S SERVICE AND MAKING AN APPROPRIATION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The positions and numbers of employees in the town service
established for the fiscal year beginning July 1, 1987, are amended as
follows:
Number of Full-time Equivalent
Positions Authorized
LEGISLATIVE DEPARTMENT
Clerk of Council 1
Deputy Clerk 1
EXECUTIVE DEPARTMENT
Manager 1
Assistant Town Manager 1
Executive Secretary 1
Personnel Assistant 1
Receptionist/Secretary 1
Temporary .25
FINANCE DEPARTMENT
Director of Finance 1
Assistant Director of Finance 1
Finance Technician 1
Accounting Clerk II 1
Accounting Clerk I 2
POLICE DEPARTMENT
Chief of Police 1
Captain 1
Lieutenant 2
Sergeant 6
Corporal 4
Private 1st Class 2
Private 8
Administrative Assistant 1
Secretary 1
Parking Meter Attendant 1
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works 1
Assistant Director of Engineering and Public Works 1
Administrative Assistant 2
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
0
ENGINEERING AND INSPECTIONS
Chief, Plan Review 1
Engineer II 2
Engineer I 1
Capital Projects Coordinator 1
Capital Projects Representative 1
Chief Inspector 1
Facility Inspector 3
Kagineeaing-Teej nkeian i
STREET MAINTENANCE
Superintendent 1
Assistant Superintendent 1
Maintenance Person II 2
Maintenance Person I 4
Labor 6
Laborer (Temporary) 1
EQUIPMENT MAINTENANCE
Superintendent 1
Sr. Equipment Operator 1
Mechanic II 1
Mechanic I 1
Laborer - 1
PARKS AND RECREATION
Director of Parks and Recreation 1
Secretary .5
PLANNING, ZONING AND DEVELOPMENT
Director Planning, Zoning and Development 1
Asst. Director Planning, Zoning and Development 1
Principal Planner 1
Zoning Admin/Land Use Planner 1
Planner II .5
Pianner-i -5-
Zoning and Development Assistant 1
Secretary 1
UTILITIES
ADMINISTRATION
Director of Utilities 1
Maintenance Foreman 1
Administrative Assistant 1•
Maintenance Assistant 1
WATER POLLUTION CONTROL
Superintendent 1
Assistant Superintendent 1
Operator I 2
Operator II 1
Operator III 2
Operator IV 2
Laborer (Temporary) . 25
UTILITIES LINES
Superintendent 1
Assistant Superintendent for I & I 1
Assistant Superintendent for Maintenance 1
Maintenance Person II 2
I & I Technician 1
Meter Technician 1
Maintenance Person I 2
Laborer 2
Laborer (Temporary) . 25
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987 a` ts
WATER SUPPLY DIVISION
Superintendent 1
Assistant Superintendent 1
Operator II 2
Operator III 1
Operator IV 1
Laborer (Temporary) . 25
TOTAL PERSONNEL AUTHORIZED
Full Time 114
Part Time or Temporary (expressed as equivalent
to full time staffing) 8
SECTION II. A supplemental appropriation of $240,000 is made from the
General Fund Unappropriated Fund Balance to General Fund Account Number
200-3401-100-010, for the Fiscal Year ending June 30, 1988.
87-261 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-94 - FISCHER
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider rezoning application #ZM-94 by
Pat and Carol Fischer shall be published in the Loudoun Times-Mirror. The
notice shall be published on January 14, and January 21, 1988, for public
hearing on January 27, 1988, at 7: 30 p.m. in the Council Chambers, 10
Loudoun Street, S.W. , Leesburg, Virginia.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
I87-262 - RESOLUTION - AUTHORIZING A CONTRACT WITH_ SULLY CONSTRUCTION_
COMPANY AND MAKING AN APPROPRIATION FOR THE CON-
STRUCTION OF A CENTRAL WAREHOUSE AND MAINTENANCE
FACILITY
On motion by Mr. Williams, seconded by Mr. Tolbert, and after consider-
able discussion, the following resolution was proposed and adopted:
WHEREAS, the engineering consulting firm of Hays, Seay, Mattern &
Mattern was retained to prepare construction drawings, contract documents
and specifications for the construction of a central warehouse and hainte-
nance facility for the use of the town's utilities, shop and streets divi-
sions; and
WHEREAS, four firms submitted construction bids on October 22, 1987; and
WHEREAS, the Sully Construction Company submitted the lowest and most
responsive bid in the amount of $2,489,000; and
WHEREAS, the Town of Leesburg has borrowed $1 million for the issuance
of new general obligation bonded debt to assist in the funding of this
project; and
WHEREAS, the elimination of bid alternates will reduce the contract
by $158,000; and
WHEREAS, future change orders will reduce the contract amount by
$331,002; and
WHEREAS, construction of this project is essential to the town's suc-
cess in the maintenance and operations of the town's vehicles and equip-
ment, street system and water and sewer conveyance and collection systems:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager shall enter into a lump sum contract with the
Sully Construction Company of Sterling, VA. , for construction of the cen-
tral warehouse and maintenance facility in the amount of $2,331,000.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
SECTION II. This award is made with reservation of the town's rights
to adjust the contract amount as agreed to by the contractor and the town.
SECTION III. An appropriation and transfer of funds is authorized from
the unappropriated balance of the General Fund to Capital Projects Fund
Account No. 9600. 700-100, Construction, in the amount of $288,499 which
will remain in effect until the project is complete.
SECTION IV. An appropriation and transfer of funds is authorized from
the unappropriated balance of the Utility Fund to Capital Projects Fund
Account No. 9600. 700-100, Construction, in the amount of $288,499 which
will remain in effect until the project is complete.
Mr. Williams said we were somewhat disappointed with the initial
amount of money suggested that this project would cost as opposed to the
final bid that came in; however, our community has not had a facility real-
ly appropriate in many years, particularly with the rate of growth that we
have. Certainly, we are all sensitive to the fact we do not want to spend
more money than we have to, but the staff and the maintenance people, have
mutually agreed they have not added on any items that were not necessary.
It is a lot of money but he thinks it is one of those things that tend to
make our overall maintenance department operate effectively and efficiently
and certainly this particular facility will be in place for many, many
years to come. This is a very appropriate capital improvement.
Mr. Clem said he agrees with Mr. Williams but the only thing that
concerns him is that we get the finest building and construction we can for
the lowest possible price. He does share the concern that the bids were
rather high; however, he believed the staff in the public works department
have cut it to the bone -- they have not asked for anything extravagant.
Mr. Curry said he definitely supported this, especially if we want to
keep up with the growing community, we are going to have to have a new
facility.
Mr. Kelley said when this project came before his committee many
months ago he was a strong supporter of the project and he still is but he
said he was not supportive of this resolution -- this is taking a bad situa-
tion and making it worse. He said we are going to add almost $580,000 to a
project that has obviously not come off through the bid process well. He
said to think by throwing money at the problem we are going to solve the
problem -- he doesn't think so. He said he does not believe this contract
is the answer to that problem and under no circumstances could he support
this or the following resolution as they are written. •
Mr. Tolbert said he concurred with Mr. Williams that the public works
department is badly in need of a facility and he would support it.
Mayor Sevila said he shared the disappointment that all Councilmem-
bers have eluded to tonight in the response we received from our RFP. The
bids came in, not just higher, but extraordinarily higher than we had antic-
ipated. He,said they have asked the staff, engineering and Mr. Minor to
take a look and determine whether it would be beneficial to reject all bids
and send out another RFP and still be able to build a comparable facility
at a significantly less price. The staff indicated to Council the more
delay, the greater chance the cost will increase. The Mayor said he was
going to support the resolution with the same reservation that everyone
else has -- it is a disappointment but it has to be done.
Aye: Councilmembers Clem, Curry, Tolbert, Williams and Mayor Sevila
II/
Nay: Councilmember Kelley
87-263 - RESOLUTION - REGARDING CHANGE ORDER NO. 1 FOR THE CENTRAL
WAREHOUSE AND MAINTENANCE FACILITY CONSTRUCTION
CONTRACT
On motion by Mr. Williams seconded by Mr. Tolbert, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, this Council has authorized a contract with the Sully Construc-
tion Company of Sterling, VA. , for the construction of a central warehouse
o,I.r
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
and maintenance facility at the town's wastewater treatment plant property
on Route 7; and
WHEREAS, negotiations between the contractor and the town have resulted
in the identification of deletions and substitute equipment that will re-
sult in a reduction of the contract amount by $331,002:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is directed to execute central warehouse and maintenance
facility construction Change Order No. 1 with the Sully Construction Compa-
ny of Sterling, VA. , which results in a reduction in the contract price by
$331,002.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
87-264 - RESOLUTION - APPROVING A PUMP AND HAUL PERMIT FOR THE PROPOSED
ETABLISSEMENT FORESTIER OFFICE BUILDING ADJACENT
TO THE EURAM FURNITURE CENTER, WITH CONDITIONS
On motion by Mr. Williams seconded by Mr. Clem, and after explanation
by Steve Brown and considerable discussion, the following resolution was
proposed and adopted as amended:
WHEREAS, Dewberry & Davis and Etablissement Forestier (applicants here-
after) wish to develop a 10,000 square-foot office building on property
adjacent to the Euram Furniture Center on land owned by Etablissement
Forestier, for which said office building will be the temporary Loudoun
County headquarters for Dewberry and Davis; and
WHEREAS, the applicants have offered to meet all conditions of Section
5.04 of the Sewage Handling and Disposal Regulations of the Virginia Depart-
ment of Health for a temporary pump and haul permit; and
WHEREAS, the applicants will design, guarantee and build the required
sewer extension under Route 7 which will connect to the Tuscarora Creek
interceptor sewer, thus completing an important link in the sewer convey-
ance facilities called for in the Cattail Branch Sewer Club Agreement; and
WHEREAS, the applicants also request that the site plan for. the project
be approved in advance of the construction drawings for the required off-
site sewer extension and are willing to provide a letter of credit in the
amount of $360,000 at the time the office building site plan is approved;
and
WHEREAS, this amount exceeds the estimate provided for in the "Sewer
Club Agreement"; and
WHEREAS, this Council's reasonable accommodation of this request ful-
fills economic development objectives of the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to approve a pump and haul per-
mit, under Section 5.04 of the Sewage Handling and Disposal Regulations of
the Virginia Department of Health for the new 10,000 square-foot office
building to be developed on Etablissement Forestier property west of the
Euram Furniture Center on East Market Street, for a term of one year condi-
tioned on prior satisfaction of these requirements:
(1) The applicant shall satisfy all of the requirements of the
Loudoun County Department of Health.
(2) Before zoning permits are issued, the owners shall pay the
availability fee as determined under Section 15-14 of the Town
Code.
(3) The applicant shall provide all necessary sanitary sewer easements
�� MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987
to the town as required by the Cattail Branch Sewer Club Agreement
and as determined by the town.
(4) A construction contract shall be let and at least 5% of the
work completed for all off-site sanitary sewer work required to
connect the office building with the Tuscarora Creek interceptor
sewer, based on a design approved by the Director of Engineering
and Public Works.
(5) The applicant must address all Health Department requirements
for on-site water supply.
(6) The office building shall be of similar exterior finish as
the Euram Furniture building.
(7) A letter of credit guarantee shall be required for all off-site
sanitary construction in the amount of $360,000 prior to approval
of the office building site plan. A performance guarantee based
on the value of the public improvements as determined by the Direc-
tor of Engineering and Public Works shall be substituted for the
$360,000 letter of credit at the time the construction drawings
are approved for the off-site sewer extension.
(8) Any extension of the pump and haul permit would have to be
approved by the Town Council, both for the existing Euram facility
and the new office building.
SECTION III. If the town, with its own labor and equipment provides
the pump and haul sanitary waste disposal services, the applicants shall
pay a service charge of $150.00 for each service call plus $1. 90 per 1,000
gallons of sewage collected.
SECTION IV. The manager shall prepare a pro rata agreement whereas
future users of the sewer extension within the "Sewer Club" area shall
reimburse the applicants for the cost of the extension.
Mr. Williams said this item had been taken up at the Utility and
Public Works Committee and there was much concern at first; however, most
of the issues have been resolved over the last couple days particularly in
the seven items gone over tonight. He said he thought these items were
very important but two other things that stand out in his mind are that we
have a well established company that has been in our community for many
years so he thinks their performance level certainly be looked on with a
degree of certainty, as well as the engineering firm this building is being
constructed for. In addition to this, he sees some improvementshere where
the lower end of this particular project will eventually be cut across
Route 7 to expedite the sewage at that end of town. He said when the Sewer
Club comes over the hill it certainly would make a lot of sense if this is
all tied together. With the reservations that have been stated, it seems a
great deal of work has been done by staff, and the applicant has made a
degree of assurance that will protect the town. He said he was going to
support this.
Mr. Clem said he would support this item.
Mr. Curry said that, with the letter of credit, the town will be well
protected. He felt it was a definite link in our sewer system and he would
definitely support it.
Mr. Kelley explained this was an item he has had a problem with all
along. He saw benefits of the project but by the same token, he saw some
problems but he would support it a tad reluctantly. He believed this
project was worthwhile and was more convinced now than he had been in the
past that they would not be in error by passing this.
Mr. Tolbert said he would support this item.
The Mayor explained that his first impression of this, along with the
negative staff report, was that he would be opposed to it. His opposition
stems from the fact that this was first approved as a pump and haul opera-
tion by the County before annexation. It was a one-year operation as ap-
proved and it has been in place seven or eight years. This gives us an
opportunity to get that very important link across Route 7 in our sewer
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 25, 1987 •?I ((
system. His concern has been with the possibility this might open the door
for a lot of applicants to come in and really put our review process out of
order by asking for pump and haul for a year or more while everything else
on their project goes forward. This is contrary to the existing develop- i
ment process, .which requires that sewer and water, bonds, etc. be approved _
at site plan stage. Here they are approving the site plan and putting in
place for the first time the funds to actually make that link. We have a
one-year requirement. He mentioned to Woody Turner that any application
for an extension of that one year would have to come to Council. It seems
Section 504 of the Sewer Handling Disposal Regulations requires the local
government's approval, so he would think any extensions of the pump and
haul would require this if for any reason a year from now we are not any
closer than we are right now from having that link built. He had a ques-
tion with respect to item 7 -- the letter of credit in the amount of
$360,000 will be replaced by a performance guarantee -- there must be some
good reason for this. He assumed that, once we get the bond in place, we
can start reducing it as they start moving the line closer. Either way,
the letter of credit approved by the Town Attorney, or the bond approval by
our Town Attorney on our bond form, is going to be an acceptable way of
seeing that the funds are available to build the project. He felt the
Binger of setting a precedent in this case is overcome considerably by the,
public interest that is being served -- the ultimate result would be that
both Euram and this 10,000 square foot addition will be served by water and
- sewer in the town system. He would support this. The staff, the Council
and the applicant have done a good job of negotiating and convincing him
that it is in the public's interest to do this.
Steve Brown explained the reason for that language is there might be
a difference in the amount at the time of the approval of the design.
Mr. Kelley said we need to emphasize that this is passing more on the
credibility of the people involved rather than the project itself. The
project is important but he thinks we would all be much more hesitant if it
wasn' t for the credibility of the people from Euram and the firm of
Dewberry and Davis and Mr. Turner. -
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
On motion by Mr. Williams, seconded by Mr. Kelley, Council voted unani-
mously to go into Executive Session- pursuant to Section 2. 1-344(1) of the
1950 Code of Virginia as amended to discuss personnel matters relating to b,
appointments to the Planning Commission and Airport Commission, •
Aye: Councilmembess Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
Council reconvened after the Executive Session at 10:33 p.m. with no
action having been taken.
On motion by Mr. Williams, seconded by Mr. Clem, the meeting was ad-
journed.
Aye: Councilmembers Clem, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
III/
7 Mayor
Clerk of the Council
9`C°
MINUTES OF SPECIAL MEETING OF J.RFSBURG TOWN COUNCIL
December 4, 1987
A special meeting of the Leesburg Town Council was held on December 4, 1987 at 1:00 p.m..
in the Council Chambers, 10 Loudoun Street,S.W., Leesburg,Virginia pursuant to notice thereof having
been delivered to all councilmembers prior thereto, for the purpose of considering legislation regarding
the privatization of the Dulles Toll Road Extension to Leesburg. Mayor Sevila called the meeting to
order. Present were: Mayor Robert E. Sevila, Councilmembers Arl
John Tolbert, Jr. and Charles Williams. Absent was Councilmemer Curry, mes Brian E.
Kelley, re eat
were Town Manager Jeffrey H. Minor, Director of Planning, Present
Semmes and Assistant Director of Planning Zoning and Development Martha Mason
and Zoning Thomas Poupard.
Mr. Kelley apologized to Mayor Sevila stating that he overreacted with the subject at hand
today. He spoke to Norman Ross s representative of Parsons Brinkerhoff, who expressed a desire to
make a presentation on the toll road, because there have been some substantial
original proposal submitted. from the
Mayor Sevila stated that Mr. Kelley's apology is "graciously accepted
Mr. Minor noted that the Council did receive a copy of the staff report concerning the Virginia
' Highway Corporation Act of 1988, which is now being examined by a subcommittee of the Commission
on Transportation in the 21st century. This commission is the policy recommending body of the
Commonwealth that has been instrumental in the Governor's initiatives with respect to transportation.
The commission is now in phase 2 of their report, which deals principally with implementation of this
program. Of interest to the town, specifically, is this act, because it offers an alternative to the
conventional construction of toll roads and other regional type facilities, from one being done by VDOT
and the public sector, to one being done by private entities. The town is very concerned about this
because we are strong advocates of the toll road. The town has worked very closely with Byrd,
Tallamy, McDonald & Lewis and the Virginia Department of Transportation. The concerns of this
Council have been very well heard and represented and have been very well reflected in the alignment
that has been proposed to date.
Some of the issues that have been a concern in the past by Council_. have been addressed
such as the terminus, .,nether issue is the approval of the local governments involved, prior to the
certification process, before the State Corporation Commission. This is an important concern because
the applicants will have to file with both the town and the county if the road continues to be located
in Leesburg.-Council has to consider, first, which is the best and surest way to get the toll road built
and second, if,the act is approved by the General Assembly, and activity has taken place at the local
level, what impact will that have on the actions of the Virginia Department of
n
has already spent hundreds of thousands of dollars on the design and developmeentspo tion?
VDOT
Mr. Steve Pearson of Hazel, Thomas, Fiske, Beckhorne and Hanes, representing the Municipal
Development Corporation, which proposes to develop the Dulles Airport Extension as a private toll road,
addressed the Council. He stated that, tmcirnlly, the concept is one which will enable the
Commonwealth to have privatization as an option for the construction of roads. Speed is probably the ISI
most important component. It is the corporation's concept that private industry can do the job more
quickly and more efficiently and perhaps cheaper than the Commonwealth. If the appropriate
safeguards are put in place, to insure accountability and to insure that the road is properly developed,
then there would be no reason to not have this as one tool in a monopoly of road financing and
construction alternatives:
Mr. Pearson briefed the Council on the proposed legislation stating that in the location and
alignment of the road, there is a specific local approval that is required, following a hearing. The local
approval would be in the form of a resolution. In addition, it must conform to the local comprehensive
plan and,where local streets are used by the operator.-as a part of the roadway, a franchise would also
be
within required.
t Town In this I eprticulsburg, case,
require, two the roadway cominets of throughLoudoun County and terminating
from the.town. The design of the roadway anti its inta....m„ . with h n from theal approvals, one thescounty and one
be
within the jurisdiction of VDOT and would need to be approved by them. I , OT cost �°' e
ld
they interconnected with
road, it would be within their control as to where other
VDOT eonstructed the '.
other state roads,
The State Corporation Commission. sits as a judicial body. in the determination
operator in any of its duties. In a legislativeare of defaults of the
capacity, the commission reviews the rates, which a
charged by the operator as tolls. With the SCC having toll rate jurisdiction, the local
a voice in what the toll rate is. government has
There is no power of eminent domain provided for a private operator. The rightr:o f-way must be
acquired through purchase or donation. The SCC also has the authority to order expansion 'or
interconnection of the road with the remainder of the state road network and following retirement of
o;S/
Minutes of the Special Meeting of December 4 1987
the debt which finances the construction and operation of the road, the assets will be dedicated to the
state. There is a reversion to the state, at a point in time set by the SCC, following retirement of the .
debt. Mr. Pearson briefly outlined the process of approval for the private sector development. •
Mayor Sevila asked Mr. Pearson if the private sector would be able to successfully acquire the
rights-of-we without any condemnation proceedings from the Dulles Airport to the Town of Leesburg.
Mr. Pearson stated, yes. There are about 130 Land Owners. The .1ansowners have land that will be
enhanced by the construction of the road, which will be their incentive to contribute. In most
instances, the parcels are large enough, that the land owner can afford to contribute, but still retain
sufficient value in the land to make it a profitable venture. Mayor Sevila stated that this was an
extremely optimistic point of view in saying that the rights-ofwapvill be acquired from 130 land-
owners.
Mayor Sevila asked members of the Council if they had the opportunity to read the proposed
resolution and invited any councilmembers to comment.
Mr. Williams asked to read a statement into the record before any action was taken on the
resolution. The statement read as follows:
The Town of Leesburg and the County of Loudoun are currently promoting the extension of
the Dulles Toll Road to their jurisdiction. As a member of the Council, I am interested in promoting
the extension of the road for economic development within the town. However, I am also a full-time
realtor with a firm within,the town and therein lies my concern. As a realtor, I have the opportunity
to list and show property both within the town and county, along the proposed alignment of the toll
road, being commonly referred to in the Leesburg area as the Route 643 Corridor. Thus, a specific
concern that I have written for and asked for an opinion on is this. If I show and or list property for
sale along the Route 643 corridor in the town or in the county, for which I receive real estate
commicsion, .m, question would be, does that prevent my discussion and promotion of the Dulles Toll
Road? I have today written for that opinion and I hope very soon to have an answer. Until I do have
an answer I will refrain from voting or participating with the Dulles Toll Road. This request for an
opinion is written to the Attorney General -
On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolution was proposed and
I
adopted.
87-265 - RESOLUTION - COMMENTING ON THE PROPOSED VIRGINIA HIGHWAY
CORPORATION ACT OF 1988
WHEREAS, in February, 1987, the Virginia Department of Transportation (VDOT) initiated a
study for a four-lane limited access highway extending the
Dulles Toll Road to Leesburg, and
WHEREAS, a private partnership consisting of the Municipal Development Corporation and
Parsons, Brinckerhoff, Quade & Douglas, Inc. concurrently proposed private development of the Dulles
Toll Road extension with a road alignment through the Route 659 corridor terminating at Route 7, east
of the Leesburg corporate limits; and
WHEREAS, this Council by Resolution No. 86-246 expressed"grave concerns" about the private
toll road option and its proposed terminus; and WHEREAS, VDOT through its consultants,Byrd, Tallamy, McDonald & Lewis has established
an alignment that reflects a joint county/town resolution; and
• WHEREAS, the subcommittee of the Commission on Transportation in the 21st Century (COT
21) is considering a bill which would authorize the construction of privately constructed and operated
toll road facilities, entitled "Virginia Highway Corporation Act of 1988"; and
WHEREAS, the current version of the legislation does address some of the Council's earlier
concerns; and
WHEREAS, the private partnership now advocates a Leesburg terminus, generally consistent
with the preliminary VDOT alignment; and
WHEREAS, a staff memorandum to the Council dated December 3, 1987, outlines a number
of significant outstanding issues that will be difficult to resolve to the satisfaction of both public and
private interests; and
WHEREAS, this Council desires to provide input to the COT 21 subcommittee:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
1,1--)
Minutes of the Special Meeting of December'4. 1987
SECTION I. This Council continues to support the on-going and successful efforts of VDOT
and its consultants with respect to the alignment of the toll road extension and prefers a publicly owned .
and operated Dulles Toll Road facility. L
SECTION II. This Council recognizes that the proposed Virginia Highway Corporation Act of
1988 and the toll road alignment now advocated by the private partnership represent a significant
improvement over the original private proposal. If future events demonstrate that the Commonwealth
no longer has a commitment to expedite development of the toll road extension to Leesburg and to the
Governor's 1991 proposed construction start-up, then this Council would consider interest on the part
of the private sector toward development of this toll road and other regional transportation facilities.
SECTION III. The manager is authorized and directed to transmit a copy of this resolution and
the memorandum to the Council dated December 3, 1987, to the Honorable Gerald L. Baffles, Governor
of the Commonwealth, the Honorable Vivian Watts, Secretary of Transportation, the Hon rable Ray
Pethtel,Commissioner of Transportation, the Honorable A. L. Philpott, Speaker of the House/Delegates,
and the members of the Commisvion on Transportation in the 21st Century Subcommittee, the
Honorable Charles L. Wadden,the Honorable Kenneth B. Rollins, the Honorable Robert Andrews, the
Honorable Betty Tatum and Philip A. Bolen.
Mr. Kelley thanked the members of Parsons, Brinckerhoff and Steve Pearson representing the
Municipal Development Corporation for coming to the meeting. Mr. Kelley believes that the town is
going to see future competition relative to the privatization of the toll road.
Mayor Sevila stated that it is important that the Council's attitude towards a privately owned
toll road is accurately reflected. The first alignment,proposed.;followed the Route 659 corridor and in
the town's view, there had to be a Leesburg terminus to make this road a meaningful, regional
transportation contribution. The Council's position with respect to ownership of the toll road is
secondary to the Council's desire to have a toll road. What Council is doing today,.is keeping an open
mind and will consider private funding as a method of building and operating this road, if it becomes
1 the single most practical and expeditious way of having it built, owned and operated. This is progress,
both on the part of those who are proposing the private toll road and the Council.
Mr. Kelley stated that this toll road will be a very viable lifeline for Leesburg.
Aye: Councilmembers Curry, Kelley, Jvarh Tolbert and Mayor Sevila
Nay: None
Mr. Williams abstained, from the vote for reasons previously stated.
On motion of Mr. Kelley, seconded by Mr. Leach, the meeting was adjourned.
Robert E. Sevila, Mayor
LLZ 4 L-1
Clerk of C)uncil <
6.:-�