HomeMy Public PortalAbout1992_11_10342
TOWN COUNCIL MEETING MINUTES OF NOVEMBER 10, 1992
A regular meeting of the Leesburg Town Council was held on November 10, 1992, at 7:30 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the
Mayor.
INVOCATION was given by Councilmember Georgia W. Bange
SALUTE TO THE FLAG was led by students of Leesburg Elementary School.
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 Utilities Randolph W. Shoemaker
Director of Planning, Zoning and Development Michael Tompkins
Planner Marilee Scigfried
Public Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Barbara Messinger
APPROVAL OF MINUTES
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the minutes of the special meeting of September 15,
1992, and the regular meeting minutes of October 27, 1992, were approved as submitted. The special meeting
minutes of October 26, 1992, were approved as corrected by Councilmember Umstattd.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
PROCLAMATIONS
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the following proclamation was proposed and unanimously
adopted.
MOUNT ZION
UNITED METHODIST CHURCH
125TH ANNIVERSARY
~, on November 15, 1992, the Mount Zion United Methodist Church will celebrate its
One Hundred and twenty fifth anniversary; and
~'dt~, the Mount Zion United Methodist Church is the oldest continuing congregation in
Virginia; and
Mount Zion continues to be an integral part of the community; and
~, members of Mount Zion remain active in the community by feeding those in need,
working with community youth, charities, education and local issues:
"J~/~Olk~, ~'~ ~7 R~'~, that the Mayor and Town Council of the Town of Leesburg
in Virginia hereby proclaim November 15, 1992, as the One Hundred and twenty fifth anniversary of the
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Mount Zion United Methodist Church and congratulate the congregation on its many contributions to
the quality of life of the Town of Leesburg.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umststtd, Webb and Mayor Clem
None
Students of Leesburg Elementary presented the Town Council with a proclamation for American
Education Week.
CERTIFICATES OF APPRECIATION
Mayor Clem presented Certificates of Appreciation to the Leesburg Day Break Rotary Club for sponsoring
the 1st Annual Mini Grand Prix and to Mrs. Sachiko Flippo for translating a letter into Japanese.
Mr. Ed Finnea~n addressed the Town Council thanking them for their participation with the students.
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Leesburg Elementary School Vice Principal addressed the Council congratulating the third grade students
and their teacher Mrs. Flippo. She invited the Council and the public to participate in American
Education Week at Leesburg Elementary.
Mr. Mark Gibb, representing the Northern Virginia Planning District Commission (NVPDC), addressed
the Council about NVPDC. Mr. Gibb presented several documents to the Council.
Ms. Umstattd, councilmanic representative to the NVPDC, stated that she is extremely impressed with
the quality of staff at the NVPDC.
Mr. Clem thanked Mr. Gibb for his statement and stated that the day of restructuring and the way in
which the town does business, downsizing, consolidating of functions are upon us. "We cannot solve
problems alone. We will have to unite and work together to come out of this economic downturn."
Mr. Peter Dunning, representing the Special Events Committee, addressed the Council requesting an
extension of the sixty day deadline for the committee to come up with recommendations to the Council.
He requested an extension to February 9, 1993. Mr. Dunning presented a brief synopsis of the Special
Events Committee. This statement is attached and made a part of the official record.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, an extension to February 9, 1993, is granted to the
Special Events Committee.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Mr. Jim Kershaw, Co-Chair of First Night Leesburg, addressed the Council requesting a contribution
from the Town of $2,500.00. Mr. Kershaw reviewed the 1992 budget for First Night Leesburg. This
budget is attached and made a part of the official record.
Ms. Umstattd questioned the First Night Registration fee of $500.00 and asked if this would be a yearly
fee.
Mr. Kershaw stated he believed this fee would be reduced to $50.00 each year.
MOTION
On motion of Mr. Webb, seconded by Ms. Umstattd, this matter was referred to the November 19,
Finance Committee for further consideration.
Mr. Trocino stated that this is a worthy event and it is proper to forward this to the Finance Committee.
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Mr. Clem stated that First Night Leesburg has been established long enough that it may be eligible to
obtain a policy to underwrite it's losses.
Mr. Kershaw stated that he would look into this.
VOTE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
Ms. Kathy Wilt, a resident of Leesburg, addressed the Council with regard to the proposed Patowmack
Partners Power Plant and running water and sewer lines outside of Leesburg. She expressed many
concerns including the following.
Extending water and sewer lines to other residential communities outside of the town's
corporate limits.
Recent, substantial rate increases to Leesburg residents and additional increases in the
future.
What happens to the town's water and sewer capacity if water and sewer is extended
outside of the town's limits? Who will pay for this? Will rate increases continue as they
have for the last two years? Who will pay to have the lines run outside of town to these
developments? Will the citizen's get anything out of this?
Will a precedent be set if the town supplies water and sewer to two or three
developments outside of the town's limits?
Mayor Clem stated, "we have been premature by elevating that kind of information to the public. At the
time it hit the public we had not even seen River Creek plans or Shenstone or a lot of the other things
that you have read in the paper. It is a matter of courtesy that we review the county plans that abut
town property. At that juncture we decide what we are going to do. We have not received anything on
Shenstone. Yet I read in the paper that we have all but voted on it. That is so far down the pike that
who knows what is going to happen. River Creek is another issue which is under review now as a
matter of courtesy. If you look at the annexation agreements and other documentation we may find
ourselves bound to be the provider of utilities to River Creek. However, through their development they
will give the town easements for our sewer effluent and water to the Potomac River. All of this win be
taken into advisement before any decisions are made. Comments will be sent to the county on what staff
has found on River Creek. We are limited to what the town can say because it is a county plan."
Mr. Brown offered an invitation to Ms. Wilt and the public to come in the town office to discuss these
complex issues with either himself or Director of Utilities Randy Shoemaker. The county is holding
public hearings on River Creek next week.
Mayor Clem noted that public hearings on the Patowmack Power Plant are being held on November 11,
at the Woods Recreation Center in Ashburn and on November 13, at the Sterl/ng M/ddle School. "If the
town does supply water to any developments outside the town limits those developments would be
required to do all the work. The town has not brought this to the table for discussion."
Ms. Umstattd stated, "I don't think Ms. Wilt or anyone is being premature. There is a resolution on the
agenda tonight on River Creek. It does address the water and sewer service to River Creek. It does say
at no cost to the town which is a step in the right direction. On the power plant the town has been
involved in negotiations of providing water and sewer service since 1988. There was a resolution to that
affect last December."
Mayor Clem acknowledged this and stated that if citizens have concerns about the power plant they
should attend the scheduled public hearings.
Ms. Umstattd stated that Woods Recreation Center is at the intersection of Ashburn Village Boulevard
and Louisa Drive. The November 13, meeting is also at 7 p.m., at Sterling Middle School at the
intersection of Sterling Boulevard and Holly Avenue. She encouraged citizens to attend both meetings.
Mr. Trocino stated that it is incumbent upon the Council to help Ms. Wilt and others and to provide the
answers to the questions.
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Ms. Bangs stated that the town is bound by certain agreements with the county. "We too are citizens
just as you are and anything that impacts on you will impact on us and we certainly don't want that to
happen to any of us. We feel very strongly about the very things that Ms. Wilt is talking about."
Ms. Umstattd stated that the citizens have a right under the Freedom of Information Act (FO[A) to file
a letter with the town to request that any time the Council meets on a subject of interest to a citizen that
citizen should be informed along with the Council simultaneously when that meeting will occur. She
encouraged anyone interested to file such a letter under the FOL~ With regard to Ms. Bange's comment
Ms. Umstattd stated, "there are certain restrictions on what the town can do, however, in the Annexation
Agreement it says the town's primary duty is to provide utilities to the town, not outside the town, and
if at anytime our providing water or sewer service outside the town would jeopardize our ability to
provide water or sewer within the town - my feeling is we might be in violation of that annexation
agreement."
Mr. Alton Echols, representing the Leesburg antique dealers, addressed the Council handing out a new
map which these antique dealers sponsored and published along with about 60 businesses in the
downtown area. He further described the map.
Mr. Echols stated that the antique dealers are trying to secure a spot to hold flea markets and a large,
annual Leesburg antique show.
Ms. Umstattd questioned the amount of acreage and kind of facility that would be needed to hold a show
for 60 antique dealers.
Mr. Echols stated that the Douglas Community Center was the first choice because of it's dose proximity
to the historic district.
PUBLIC HEARING to consider Rezoning Application #ZM-135 and proffer amendment for
Leesburg Gateway Lot 9C-2 by Double T Corporation
Planner Marilee Seigfried addressed the Council presenting the staff report. She noted that the applicant
Mr. Alton Echols was present to answer any questions.
There was no public comment. Mayor Clem closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, this matter was referred to the November 17, 1992,
Planning and Zoning Committee agenda for further consideration.
COUNCILMEMBER COMMENTS
Ms. Bange expressed pleasure in seeing Mr. Ed Finnegan present at this evening's meeting. She wished
Mr. Finnegan well.
She thanked the students of Leesburg Elementary for their presentation of the National Education Week
proclamation and congratulated Ms. Flippo for doing a great job.
She was pleased to see Ms. Wilt come forward and express her concerns.
She stated that she has been out of state for the past week and it was good to be home.
Mr. Atwell had no comment.
Mr. Trocino stated that the World War H Commemorative Committee is active and will meet this week.
He invited the Council to attend and expressed appreciation of the efforts of the veterans of the town and
the media's contributions.
He referred to a letter received from Mr. and Mrs. Peter Chapelle, residents of Purcellville. The subject
matter of the letter was addressed to Parks and Recreation Director Gary Huff regarding scholarships
for Ida Lee Park. The question raised was whether the town would support people outside the corporate
limits. He asked that Council consider this request.
Intra-government relations are continuing with the county. A meeting is scheduled next week. He will
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continue to be the liaison with the Superintendent of schools.
Ms. Umstattd stated, "last night at a special Town Council meeting the Council voted to find Janelle
Aviation in default of it's lease with the Town. Janelle will be given five days to bring it's arrears into
compliance with the agreement of the lease."
Ms. Umstattd spoke to the Public Service Commission of Washington, D.C., and the proposed PaWwmack
Powers Partners Plant (PPPP) has a contract with PEPCO - that power is to be sent to Washington,
D.C., through a Maryland utility. It is not primarily for use in Virginia. According to the D.C. public
service commission which has to approve any such contract they turned down approval of that contract
in July of 1992. The grounds that ruling was issued under were that PEPCO could not justify it's need
for power from an additional source such as the PPPP. PPPP filed a motion for reconsideration and that
in turn was just turned down within the last couple of weeks by the public service commission. "I am
somewhat skeptical of arguments that have been made to citizens of this town and county that there is
a burning need for this plant when one of the regulatory agencies that is in charge of determining that
fact has said there is no such need." She encouraged everyone to attend the public meetings.
Mr. Blake is glad to hear that the Mini Grand Prix will be a yearly event.
Mr. Webb stated that there has been a lot of misinformation regarding the PPPP, the annexation and
extending the town's water and sewer system outside town limits. In the case of River Creek, if the town
does provide water and sewer to this development 100 percent of the cost will be bared by the developer
not the citizens of Leesburg.
MAYOR'S REPORT
Mayor Clem echoed Mr. Webb's comments. He stated that there has been some misunderstanding about
funding of the airport.
He stated that the antique publication produced by Mrs. Hart is outstanding.
He thsnked the Leesburg Kiwanis Club for the successful Halloween Parade. He expressed concern with
the danger at certain intersections. Children were getting too dose to the parade t~_ffic. He asked that
next year the town look into this matter to prevent any possible accidents.
He congratulated Leesburg Today for their fourth successful year in business.
He thanked Public Information Officer Susan Farmer for all the work she does. Ms. Farmer compiled
a packsge of promotional material for the Town of Leesburg which will be sent to Capital Hill. With the
presidential election behind us and a new staff coming on board there will be several thousand jobs
turned over and this is the town's opportunity to promote Leesburg.
He received a letter today regarding suicide. "We are approaching the holiday season and unfortunately
suicides go up. Be mindful of the people around you, your family and loved ones. If you start detecting
something different from the norm don't hesitate to seek help. Don't wait because when you wait you
may end up being the loser. We see a significant increase in suicides through the holiday seasons."
MANAGER'S REPORT
Mr. Brown highlighted a couple of issues in the Activity Report.
He congratulated his son Christopher on his eleventh birthday today.
He tbsnked the Council for helping with the Halloween Parade.
LEGISLATION
11. (a)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted.
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92-0-39 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE TO AUTHORIZE A
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CHANGE IN THE SPEED LIMIT ON CATOCTIN CIRCLE, BETWEEN WEST
MARKET STREET AND CHILDREN'S CENTER ROAD
WHEREAS, citizens have requested an increase of the speed limit on Catoctin Circle between
Dry Mill Road and West Market Street; and
WHEREAS, the section of Catoctin Circle between Dry Mill Road and Children's Center Road
is a Residential District and the current speed limit of 25 mph is the maximum allowed under Section
46.2-8?4 of the Code of Virginia 1950, as amended; and
WHEREAS, an engineering and traffic investigation was conducted by the Town of Leesburg for
Catoctin Circle between Children's Center Road and West Market Street, and based on the results of this
study the speed limit could be increased to 30 mph.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-131 of the Town Code is amended to read as follows:
Section 10-131. Speed Limits
The maximum speed limits on streets within the town shall be 25 mph, or as prescribed
in this section, and no person shall drive a motor vehicle in excess of such maximum
limits. Upon the following streets within the town, between the points hereinafter
indicated, the maximum speed limit shall be the speed hereinafter indicated and no
person shall drive a motor vehicle between such points in excess of such maximum speed
limit:
(1)
King Street: 45 mph from Balls Bluff Road to 450 feet
north of Ida Lee Drive.
(2)
King Street: 35 mph from First Street to 300 feet south
of Country Club Drive.
(3)
King Street: 45 mph from 300 feet south of Country
Club Drive to the south corporate limits.
(4)
Edwards Ferry Road: 35 mph from Plaza Street to the
east corporate limits.
(5)
Market Street: 55 mph from the east corporate limits to
320 feet east of Cardinal Park Drive.
(6)
Market Street: 45 mph from 320 feet east of Cardinal
Park Drive to Route 15 Bypass (north entrance).
(7)
Market Street: 35 mph from Route 15 Bypass (north
entrance) to 1000 feet east of Fort Evans Road.
(8) Evergreen Mill Road: 35 mph.
(9)
Masons Lane: 35 mph from South King Street to
Evergreen Mill Road.
(10)
Tolbert Lane: 35 mph from Evergreen Mill Road to
1000 feet east of Evergreen Mill Road intersection.
(11)
Tolbert Lane: 45 mph from 1000 feet east of Evergreen
Mill Road intersection to Sycolin Road.
(12)
Lawson Road: 35 mph from Sycolin Road to 1200 feet
east of Sycolin Road.
(13) Sycolin Road: 45 mph from the Route 15 Bypass to the
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south corporate limits.
(14) Route 7 Bypass: 55 mph exclusive of access ramps.
(15) Route 15 and Route 7 Bypass: 55 mph exclusive of
access ramps.
(16) Route 15 Bypass: 55 mph exclusive of access ramps.
(17) Catoctin Circle: 30 mph from Children's Center Road to
West Market Street.
SECTION II. The Manager shall dearly indicate by markers or signs the maximum speed limits
established by this ordinance.
SECTION III. All prior ordinance and resolutions in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective upon the placement of appropriate signs and
markers indicating the maximum speed limits established herein.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Troeino, Umstattd, Webb and Mayor Clem
Nay: None
11. (b), (c), id), (el, if), (~t), (h)
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent
items and unanimously adopted.
92-215 - RESOLUTION - AUTHORIZING PARKING ON THE WEST SIDE OF WIRT STREET ON
SUNDAY'S AND EXTENDING LOADING ZONE HOURS ON MONDAY
THROUGH FRIDAY
WHEREAS, churchgoers park on the west side of Wirt Street in designated No Parking zones
on Sunday; and
WHEREAS, the day care center on Wirt Street has extended its hours:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Parking on the west side of Wirt Street between Loudoun and Market excluding
the safety area near the intersections is hereby authorized on Sunday's only.
SECTION II. The loading zone hours on the west side of Wirt Street are authorized to be
extended to 2:30 P.M., Monday through Friday.
92-216 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR HARRISON II LIMITED
PARTNERSHIP - VACATION OF LOT LINE
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider the vacation of the three boundary lines on property
identified in the Loudoun County tax records as 48A((23))/2A, 3 and 4, and 48A((38))/6 located east of
Harrison Street north and the W & OD bike trail. The parcel is zoned B-1 with H-1 overlay and is the
future site of Morningside House. The applicant is requesting that the interior lot lines be vacated in
order to create a single building lot that is in conformance with town regulations. Notification shall be
published in the Loudoun Times Mirror on November 11, 1992 and November 18, 1992 for public hearing
November 24, 1992, at 7:30 p.m. in the Council Chambers, 25 West Market Street. Leesburg, Virginia.
92-217 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION
APPLICATION #8E-92-07 TACO BELL
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WHEREAS, the town is currently under contract with CH2M Hill Southeast, Inc., for design and
construction engineering services relating to the upgrade and expansion of the Water Pollution Control
Facility to a capacity of 4.85 MGD; and
WHE~, CH2M Hill recently completed final design services and preparation of construction
documents; and
WHEREAS, a request for prequalification of bidders was issued November 2, 1992; and
WHEREAS, amendment of the September 12, 1989 contract with CH2M Hill is necessary in
order to proceed with construction phase services; and
WHE~, CH2M Hill has submitted a contract amendment proposal on a cost plus fixed fee
basis, detailing services to be provided by CH2M Hill during construction at an estimated cost of
$1,775,859.00; and
WHERFAS, the proposed engineering services cost is within programmed costs for the project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The town manager is hereby authorized and directed to execute Contract Amendment No. 3 to
the September 12, 1989 engineering services agreement with CH2M Hill Southeast, Inc., in a form
approved by the town attorney, in the amount not to exceed $1,775,859.00 based on a nine hundred (900)
day contract period for the Water Pollution Control Facility upgrade and expansion.
DISCUSSION
Mr. Webb expressed concern with the wording, "cost plus" contained in the resolution. He asked that
"cost plus" be stricken and "not to exceed" be added.
Mr. Shoemaker stated that there are two types of contracts, one is a lump sum fee contract or a cost plus
fixed fee contract. This refers to the type of contract agreement. The Wwn is billed for direct costs for
labor times a multiplier plus a fixed fee which is a profit margin. In this case it is set at 11 percent.
The town is billed not on $1,775,000.00, but on labor costs plus a fixed fee of 11 percent which equates
to about $175,000.00. What is not established up front is what the exact labor costs will be because we
are billed according to the number of hours spent on the project.
If this was a lump sum contract of $1,775,000.00, and the contractor completed the job in two years
instead of two and one half years then the profit margin would grow.
The contract contains a 900 day limit and a liquidated damages fee which will cover additional
engineering services beyond the 900 days of the contract.
Ms. Umstattd stated that there could be a contract that includes an incentive to the contractor to keep
his costs down by letting the contractor take a slightly larger profiL She sympathized with Mr. Webb's
comments. The town should put a lid on how much the town is going to have to pay. She would like
to see a contract that did not permit overruns to come out of the town's taxpayer's hide.
Mr. Shoemaker asked what type of contract is suggested.
Ms. Umstattd stated that in the wording of Amendment 3 there is no upper limit of $1,775,000.00.
Mr. Shoemaker stated that the $1,775,000, is an estimated fee based on the scope of services that are
detailed in the contract amendment. The contractor is an enormous variable. Will he complete the
project on time - will he be a litigious contractor, etc. The town needs to enter inW a professional
agreement with an engineer so that the town can proceed with bidding.
Ms. Umstattd stated that it doesn't matter to the town or taxpayers what side the additional cost comes
on. Whether it's on the profit or cost it's still money out of the town's pocket.
Ms. Shoemaker stated that the engineer's incentive is in his profit margin. If the contract goes beyond
the estimated time of completion then the engineer may come back and ask to negotiate an additional
profit. The engineer's incentive is to complete the project and earn a profit on the dollars spent on labor.
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Mr. Atwell stated the town cannot identify what the engineering cost is going to be until we know what
the contractor is going to bid.
Mr. Shoemaker stated that the town will not know what the engineering costs will be until the date the
contractor reaches final completion.
Mr. Atwell stated that the town might be interested in establishing some sort of bonus if the contractor
completes the project in less than 900 days. Also some sort of disincentive would be agreeable if the
contractor found it necessary to take more than 900 days to complete the project.
Mr. Shoemaker stated that ff the contractor goes beyond the 900 days liquidated damages of $600.00 a
day would be assessed. This would cover the town's additional cost for engineering services.
Mr. Atwell asked if there would be any merit in asking the engineer to take the town through the
bidding and contract award and then re-looking at the remainder of the engineer's contract based on the
results of the construction contract bids.
Mr. Dick Dyne, representing CH2M Hill, addressed Mr. Atwell's question by stating that we really don't
know how a contractor is going to perform until the contract is essentially over. ff the town delays the
approval of the engineer's contract until bid award time the town still won't know how the contractor
will act in the field. His reputation may be good but it is a function of the people the contractor puts
on the project. On a construction project we have the least control over. We are at the contractor's
beckoned call to do what he needs to get the job built within the 900 days. The engineer's contract
provides to work with the contractor through the contract period. If the contractor finishes early the
engineer's costs would be less then what is currently in the contract but the profit would remain the
same. If it takes the contractor 1000 days to complete the project the engineer's profit would remain the
same but the costs would be more than what is in the contract because the engineer had no control over
the contractor staying on the project an extra 100 days. This is why a cost plus fixed fee is best for the
town and the engineer.
Mr. Trocino stated that the cost overruns would be the town's not the engineer's.
Mr. Dyne stated that the purpose of the liquidated damages clause is for the town to recover the
additional cost of the engineer to be in the field. The intent is that the town would bill the contractor
and recover the costs and in turn pay the engineers for the overrun. The net for the town would be zero.
Ms. Umstattd stated that the engineer's cost overrun could be $2,000.00 a day so the town would not
necessarily recover all of the cost.
Mr. Dyne stated that CH2M Hill has calculated the $600.00 per day on the basis of past projects and feel
this is adequate to cover having the engineer's inspector on the project the additional time. This contract
is very typical in the industry.
Ms. Umstattd stated that most of the tasking that the engineer is to perform is secretarial. Print and
distribute documents, prepare advertisement for bids, prepare addenda, conduct a prebid conference,
tabulate bidder's proposals. This is something the town is being asked to pay well over $1 million. Can
CH2M Hill justify that price tag.
Mr..Dyne stated that the majority of the work is secretarial in nature. Those tasks will occur in the
bidding phase of the project and the value of that work is about $65,000.00 out of the total amount of
the contract.
Mr. Blake asked if the town pays for advertising of the contract.
Mr. Dyne stated yes in the Washington Post - the actual running of the advertisement. The engineer
publishes this in the Dodge Reports, etc.
Mr. Blake stated with regard to liquidated damages, there is always a lot of extenuating circumstances
as to why there is an overrun. No one is ever willing to take the blame of who is at fault - so there is
a litigation. Suppose the contractor has 100 days of overrun and it goes to litigation and the court rules
that the contractor is only entitled to 50 days but the town is billed for 100 days. Does the engineer
expect the town to pay the difference of the 50 days?
Mr. Dyne stated that it is difficult to answer a hypothetical question. The resolution of the problem is
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RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider special exception application #SE-92-07 by Taco Bell for
a Taco Bell fast food restaurant with a drive-through facility to be located within the Shenandoah Square
Shopping Center. The property is in the northwest quadrant at Route 15 Bypass and Edwards Ferry
Road and is zoned B-3. Notification shall be published in the Loudoun Times Mirror on December 30,
1992 and January 6, 1993 for public hearing January 12, 1993, at 7:30 p.m. in the Council Chambers,
25 West Market Street, Leesburg, Virginis.
92-218 - RESOLUTION - CANCELLING THE DECEMBER 15, 1992, PIANNING AND ZONING AND
ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS AND
THE DECEMBER 22, 1992, REGULAR TOWN COUNCIL MEETING
RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
The December 15, 1992, Planning and Zoning and Administration and Public Works Committee
meetings and the December 22, 1992, regular Town Council meeting are cancelled.
92-219 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
MORNINGSIDE HOUSE
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for
Morningside House.
SECTION H. The extension of municipal water and sewer for Morningside House is approved
in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION Ill. The corporate surety bond in a form approved by the town attorney from the
Hanover Insurance Company in the amount of $78,239.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Morningside House.
92-220 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT THE MOBIL OIL SERVICE STATION AT 615
EAST MARKET STREET
WHEREAS, Mobil Oil Corporation, the developer of the Mobil Oil Service Station at 615 East
Market Street has completed the public improvements in accordance with approved plans and town
standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Federal Insurance Company in the amount of
$34,658.00 is released, and a new security in a form approved by the town attorney for a maintenance
guarantee in the amount of $1,733.00 is approved, and shall be in effect for a period of one year from this
date.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
92-221 - RESOLUTION - COMMENTING ON LOUDOUN COUNTY REZONING APPLICATION ZMAP
1989-0015, RIVER C .REEK
WHEREAS, the River Creek Limited Partnership of Silver Spring, Maryland, has submitted
rezoning application ZMAP 1989-0015 to the Loudoun County Planning Commission to rezone
approximately 612.68 acres from County A-3 to PDH-24 at a net density of approximately 2.8 dwelling
units per acre; and
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WHEREAS, this property is located within the Leesburg Area Management Plan (LAMP) area
and is accordingly governed by the Annexstion Area Development Policies (AADPs); and
WHEREAS, The AADPs provide for town review and comment of applications within the LAMP
area; and
WHEREAS, on October 13, 1992, the Council forwarded a favorable opinion of the proposed
development separate from the rezoning review process; and
WHEREAS, town staff has completed a review of this application; and
WHE~, the Loudoun County Planning Commission has scheduled a public hearing for
November 18, 1992, for this application; and
WHEREAS, the Loudoun County General Plan shows the property as located within the
Leesburg Urban Growth Area as appropriate for Residential Community uses;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The following concerns are forwarded by Town Council to the County of Loudoun
Planning Commission in consideration of ZMAP 1989-0015 River Creek:
All roads, both internal and off-site, serving the site should comply with VDOT standards
including the proposed Phase I transportation improvements which should be paved and
improved to accommodate the projected traffic volumes; the transportation phasing plan
should be amended to provide the off-site transportation improvements to support the
project as outlined in the traffic impact study consistent with Town Plan and the Route
7 Corridor Study.
°
The developer should provide a dear commitment to provide water and sewer service to
this property at no cost to the town.
The developer must bring the application into conformance with the Town Water and
Sewer Master Plan unless an alternative consistent with the Town Code is agreed to by
the town;
Environmentally sensitive areas should be preserved in their natural state. The area
along the Potomac River is proposed by the Northern Virginia Park Authority for
continuation of the Heritage Trail along river. This should be incorporated into the plan.
The applicant should provide a preliminary assessment of the stormwater management
needs of the site.
6. The proffers should provide for reduced density in the event that all public
improvements, proffered items and stermwater management cannot be provided.
SECTION II. The manager is hereby directed to transmit a copy of this resolution. Furthermore,
the Council's liaison is hereby authorized to appear to present this resolution to the Loudoun County
Planning Commission.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
92-222 - RESOLUTION - APPROVING CONTRACT AMENDMENT NO. 3 WITH CH2M HIIJJ
SOUTHEAST, INC., FOR SERVICES DURING CONSTRUCTION OF THE WATER
POLLUTION CONTROL FACILITY UPGRADE/EXPANSION
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0
the responsibility of ourselves, as well as, the town and the contractor. If the settlement calls for 50 days
then the cost repercussions of that would have to be settled between the three parties. The engineer is
very interested in avoiding litigation. It is in the engineer's best interest, as well as, the town's to get
this project built and in operation as quickly as possible - commensurate with a quality that the town
is expecting the contractor to deliver. The engineer is interested in getting the best product for the
town's expenditure.
Mr. Trocino asked what is the realistic time line for dealing?.
Mr. Shoemaker stated that time is of the essence. Once the town has prequalified bidders the bid
advertisement will be limited only to those who have preqlm]ifled. Bids will be received in mid February.
Mr. Webb suggested language "not to exceed".
Mr. Trocino stated that he would be interested in having the project manager having an incentive within
the contract to see that costs are at or below costs and come in at or below the time line. This contract
really does not do it. The town could renegotiate it and add an incentive to the engineering firm, as the
town's agent, the engineer understands dearly he has a reason for making this job move fast and at or
under cost.
Mr. Shoemaker asked what type of incentive does the Council want? Does the Council want a
$100,000.00 bonus for completion prior to 900 days.
Mr. Trocino stated that he did not want to negotiate that now but it is Mr. Shoemaker and Mr. Brown's
job.
Mr. Shoemaker stated that he was unclear on what type of incentive the Council would like to see in this
contract.
Mr. Atwell expressed concern with what has been discussed - liquidated damages, specifying number of
days, etc. We are trying to get a feel for what will be the total cost on the engineering services. We
cannot do that until we know what the contractor is going to bid - the number of days that the contractor
is going to specify. Those number of days will govern what the engineer is going to bill the town for his
services.
Mr. Shoemaker stated that the contractor will work within the 900 days if not then the contractor will
be assessed $600.00 a day in liquidated damages. This is collected by subtracting this amount from the
contractor's pay requisitions. The town has total control over collection of the $600.00 per day.
Mr. Atwell stated that what the Council would like to feel is a reasonable assurance at the top end of this
engineering contract. "Could the town at the end of the bidding process have another estimate from the
engineer as to what the completion date of the contract will be and the engineer's services?
Mr. Shoemaker stated that the town could do that but he does not feel that there would be a change.
The amount of $1,775,000, is a not to exceed amount - a fixed amount based on the engineer's estimate
of their engineering services costs.
Mr. Atwell stated that the Council might want to take another look at the wording in the contract that
involves the 900 days, liquidated damages, etc. He suggested having the contractor specify the number
of days in the bid for completion of the project.
Mr. Shoemaker asked, what would happen if the town then received a construction contractor who
submitted the lowest bid which is a requirement of the Virginia State Code and yet has submitted a five
year completion date versus a contractor who submits a slightly higher bid but with a completion date
of 2 and one half years?
Mr. Atwell stated that his experience has been to award the contract to contractor based on his
performance and the amount of time in addition to the dollar amount being bid, whether it is the lowest
bid or not.
Mayor Clem stated that he could see a bonus being paid to the contractor who is building the project.
Mr. Blake questioned the lack of maintenance provisions by the engineer, after completion of the project,
in the amendment.
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Mr. Shoemaker stated that start-up and training of the facility is included in the agreement. With the
certification levels of the town's staff at the treatment plant and the experience of the town's personnel,
an additional expenditure of $50,000.00 was not necessary for training already received from the state.
CH2M Hill will have a resident engineer, on site, for two and one half years who will be an employee
of the engineering firm but will represent the Town of Leesburg.
After further discussion, the resolution was amended.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem
Nay: Councilmember Umstattd
9. (.i)
MOTION
Ms. Bange made a motion to turn off the left turn signal for a period of two weeks and request that
VDOT re-evaluate the traffic pattern at this intersection.
The motion was seconded by Ms. Umstattd.
DISCUSSION
Mr. Trocino expressed concern that turning offthe signal would cause more confusion particularly among
pedestrians.
Mr. Webb agreed with Councilmember Trocino.
MOTION
Ms. Bange amended her motion by asking that this matter be tabled for at least two weeks in order to
re-evaluate the traffic pattern.
The motion was seconded by Mr. Webb.
DISCUSSION
Ms. Umstattd stated that she would be opposed to tabling this matter until guaranteed the turn off of
the left turn arrow in the interim. "I think we have a public safety problem at that intersection. We
have had one for quite some time but I believe that the left turn arrow made it worseF
Ms. Bange agreed.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb, Mayor Clem
Nay: Councilmember Umstattd
MOTION
Ms. Bange made a motion to turn off the left turn light for a period of time to re-evaluate the traffic
pattern.
The motion was seconded by Ms. Umstattd.
DISCUSSION
Mr. Webb stated that by turning the light off will only confusion people. Most pedestrians are getting
accustom to the light. He agreed that the intersection should be re-evaluated.
Ms. Umstattd stated that it is more important to protect lives and safety then to provide convenience in
the town.
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Mr. Trocino stated that one possibility is to provide an all red/an walk and all green/no walk situation.
He agreed with Mr. Webb stating that if the light is turned off it will only confuse/people.
VOTE
Nay:
Councilmembers Bange, Umstattd
Atwell, Blake, Trocino, Webb and Mayor Clem
9.
MOTION
On motion of Mr. Atwell, seconded by Ms. Bange, the following resolution was proposed and unanimously
adopted.
92-223 - RESOLUTION -MAKING AN APPOINTMENT TO THE ECONOMIC DEVELOPMENT
ADVISORY COMIVIISSION
WHERFAS, a vacancy was created on the town's Economic Development Advisory Commission
by the resignation of Lee Wall:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Mr. Gary Barnes is appointed to the Economic Development Advisory Commission to fill the unexpired
term of Lee Wall.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
9. 0~
MOTION
On motion of Mr. Blake, seconded by Mr. Webb, the following resolution was proposed and adopted.
92-224 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING WATER AND SEWER
EXTENSION PERI~TS FOR LEESBURG GATEWAY LOT 1
WHEREAS, the construction drawings and final plat for Leesburg Gateway Lot 1 have been
approved; and
WHEREAS, the developer, Double T Corporation, wishes to proceed with installation of the
public improvements without providing a performance guarantee; and
WHEREAS, the final subdivision plat for Leesburg Gateway Lot 1 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.
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 Double T
Corporation for the improvements shown on the plans approved by the Director of Engineering and
Public Works for Leesburg Gateway Lot 1.
SECTION II. The extension of municipal water and sewer for Leesburg Gateway Lot 1 is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
DISCUSSION
Ms. Umstattd stated that she is opposed to this for fear it would set a precedent. The representative
from Double T Corporation was candid about the fact that he saw Pulte get this kind of treatment. She
opposes this policy and win vote against the resolution.
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Mr. Trocino stated that this was a popular method of construction of public utilities in the 1970's when
bonding became significantly inexpensive. This is a method of construction for what is now a significant
expense.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem
Nay: Councilmember Umstattd
NEW BUSINESS
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and unanimously
adopted.
92-225 - RESOLUTION - AUTHORIZING THE TEMPORARY DISPLAY OF A BANNER FOR THE
HOLIDAY ARTS AND CRAFTS SHOW
WHE~, the Parks and Recreation Department is sponsoring a Holiday Arts and Crafts Show
at Ida Lee Recreation Center on December 5-6, 1992; and
WHE~, the event will involve more than 100 vendors and 3,000 participants; and
WHEREAS, the event will be an asset to the town's economic development efforts; and
WHE~, the Parks and Recreation Department has requested Town Council permission to
temporarily display a 12 foot by 3 foot banner at the eastern entrance to town to promote the event:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Authorization is hereby granted for the temporary display of a banner along East Market Street
to promote the Holiday Arts and Crafts Show, December 5-6 at Ida Lee Recreation Center.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the following resolution was proposed and
unanimously adopted.
92-226 - RESOLUTION - GtL~NTING PERMISSION TO THE NATIONAL TRUST FOR HISTORIC
PRESERVATION TO REPRINT A DRAWING FROM THE H-2 DESIGN GUIDELINES
WHE~, the National Trust For HisWric Preservation is a national organization whose mission
is to foster an appreciation of the diverse character and meaning of American cultural heritage and to
preserve and revit~li~.e the livability of our communities by leading the nation in saving American's
historic environments; and
WHEREAS, the National Trust has requested permission to reprint a drawing from the H-2
Corridor Design Guidelines to illustrate creative solutions to addressing problems of urban design in
America; and
WHEREAS, the publication of the design guidelines in a national booklet, entitled the Information
Series, would promote the urban design initiatives of the Town of Leesburg as well as enhancing the
prestige of the Town; and
WHEREAS, no portion of the H-2 Design Guidelines may be reproduced without prior written
permission of the Town of Leesburg as stated in the guidelines document.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
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Permi~ion is granted to the National Trust for Historic Preservation for reprinting portions of the H-2
Design Guidelines in their publication subject to giving the appropriate credit to the Town.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
MOTION
On motion of Mr. Blake, seconded by Mr. Webb, the meeting was adjourned at 10:45 p.m.
Clerk of Cbuncil v
· Clem, Mayor
Town of Leesburg
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