314 mill street town of occoquan...sep 08, 2019 · kiely court project – no change from last...

Portions of this meeting may be held in closed session pursuant to the Virginia Freedom of Information Act.

A copy of this agenda with supporting documents is available online at www.occoquanva.gov.

TOWN OF OCCOQUAN

Circa 1734 ● Chartered 1804 ● Incorporated 1874

Occoquan Town Council Regular Meeting

September 3, 2019| 7:00 p.m.

1. Call to Order

2. Pledge of Allegiance

3. Citizens’ Time - Members of the public may, for three minutes, present for the purpose of directing attention to or requesting action on matters not included on the prepared agenda. These matters shall be referred to the appropriate town official(s) for investigation and report. Citizens may address issues as they come up on the agenda if advance notice is given during ‘Citizens’ Time’.

4. Approval of Minutes

a. August 6, 2019 Regular Meeting Minutes

5. Mayor’s Report

6. Councilmember Reports

7. Staff Reports a. Town Attorney b. Town Engineer c. Building Official d. Zoning Administrator e. Town Treasurer f. Chief of Police g. Public Works h. Events and Community Development Director i. Boards and Commissions j. Town Manager

314 Mill Street PO BOX 195

Occoquan, VA 22125 (703) 491-1918

www.OccoquanVA.gov [email protected]

Town Council Regular Meeting Cover Page

Portions of this meeting may be held in closed session pursuant to the Virginia Freedom of Information Act.

A copy of this agenda with supporting documents is available online at www.occoquan.org.

8. Regular Business a. Stormwater Work Plan b. Financial Service Contract Update c. Clerk Services Contracts d. Police Grant Funding e. Dredging Agreement f. Energy Efficiency Proclamation

9. Closed Session

10. Adjournment

Member of the Virginia Municipal League

TOWN OF OCCOQUAN Circa 1734 ● Chartered 1804 ● Incorporated 1874

314 Mill Street ● PO Box 195 ● Occoquan, Virginia 22125 (703) 491-1918 ● Fax (571) 398-5016 ● [email protected]

www.occoquanva.gov

Town Engineer’s Report Town Council Meeting – September 3, 2019

Kayak/Canoe Launch – update from last report Two bids received in July 2017 (Delta Marine and McLean Endeavors). Both bidders have since confirmed previous bids are still valid. Department of Conservation and Recreation (DCR) agreement has been executed by Mayor. Updates to permits, historic resources, threatened and endangered species authorized and proceeding. New contact person at DCR (Jett Johnson). Town Engineer and Manager seeking project manager to oversee contract. Accounting under review for reimbursables spent to date by Town, with first request forwarded to DCR. Kiely Court Project – no change from last report Land Disturbance Permit issued - construction commenced. Building permit applications have been submitted for both houses, but not yet issued. Zoning permits have been issued for both houses. Town staff continues to monitor erosion and sediment controls and parking on/near job site. Rivertown Overlook Project – no change from last report Land Disturbance Permit issued – construction proceeding. Vantage Point BMP maintenance – no change from last report Bid received from Total Development Solutions ($38,730). Lynn property – re-inspected with calculations on channel capacity and protective lining. Town Engineer evaluated runoff onto downstream property and prepared channel improvement plan for owner. Boundary Branch – no change from last report Boundary Branch, Vantage Point BMP – various stormwater issues throughout Town. Tanyard Hill Park (Oaks III) – no change from last report Approved by PWC BOS 5/15/18 with revised proffers

Use as park and open space – trails and Stormwater Pond shown on GDP Plat vacating lot line when site plan needed - NRA to review first Access to potential parking lot for trail head allowed off Tanyard Hill Reserve ROW along Tanyard Hill and Old Bridge Roads Use LID as part of any development Pay $75 per acre zoned (4.229 acres)

Mill at Occoquan – update from last report Revised preliminary site plan and Special Use Permit applications re-submitted August 2, 2019 – staff report proceeding in preparation for Planning Commission hearing.

-END-

TOWN COUNCIL Earnie W. Porta, Jr., Mayor Patrick A. Sivigny, Vice Mayor J. Matthew Dawson Cindy Fithian Laurie Holloway Eliot Perkins TOWN ENGINEER Bruce Reese, P.E., L.S.

Permit Number Main Address Description Permit Type Permit Status Permit Workclass Issue Date Finalize Date ValuationBLD2019-05944 1501 COLONIAL DR NON ILLUMINATED 5.7 3/4 X 2.9 1/2 FRE Building Finaled C - Sign 06/20/2019 07/19/2019 $1,450.00BLD2019-03820 206 COMMERCE ST ANTENNA MOUNTED TO POLE IN TOW Building Pending C - Alteration/Repair $16,000.00BLD2019-00547 402 FORTRESS WAY KITCHEN RENOVATION TO CONDO UN Building Issued C - Alteration/Repair 07/30/2018 $16,000.00GAS2019-00432 270 GASLIGHT LANDING CT ALTERATION/REPAIRS TO REPLACE HV Gas Issued C - Alteration/Repair 09/20/2018 $4,751.00BLD2018-04471 313 MILL ST PARTIAL ROOF REPAIR DUE TO WATE Building Issued C - Alteration/Repair 02/23/2018 $10,000.00BLD2018-05964 426 MILL ST RETAINING WALL Building Issued R - Retaining Wall 10/09/2018 $20,000.01BLD2019-04458 426 MILL ST ** SEE NOTE ** SHEETING/SHORING PE Building Issued R - Retaining Wall 04/15/2019 $7,500.00BLD2018-02984 430 MILL ST *SEE NOTE* KIELY RESIDENCE - LOT S Building Issued R - New Single Family Dwel 04/15/2019 $100,000.00BLD2018-05963 430 MILL ST RETAINING WALL MAX HEIGHT 9'6'' Building Issued R - Retaining Wall 10/09/2018 $20,000.01BLD2014-05879 1441 OCCOQUAN HEIGHTS DECK Building Issued R - Addition 04/25/2014 $6,700.00BLD2019-02551 112 POPLAR LN ENCLOSING CARPORT Building Finaled R - Addition 12/21/2018 07/01/2019 $29,000.00ELE2019-03688 112 POPLAR LN Electrical installation for carport Electrical Finaled R - Addition 03/29/2019 07/01/2019 $1,000.00BLD2018-02753 113 POPLAR LN 36' x 18' INGROUND POOL Building Issued R - Swimming Pool 12/07/2017 $60,000.00ELE2018-02286 113 POPLAR LN 36' x 18' INGROUND POOL Electrical Issued R - Swimming Pool 12/07/2017 $6,000.00ELE2019-00599 113 POPLAR LN Install circuits, fixtures, and receptacles Electrical Issued R - Alteration/Repair 08/15/2018 $2,200.00GAS2018-01390 113 POPLAR LN Gas Line to Pool Heater and Gas Line to F Gas Issued R - Swimming Pool 01/16/2018 $2,000.00BLD2018-04392 1551 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 1 15 Building Issued R - New Townhouse 03/22/2018 $45,000.00ELE2019-04221 1551 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 1 15 Electrical Issued R - New Townhouse 04/29/2019 $45,000.00GAS2019-00596 1551 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 1 15 Gas Issued R - New Townhouse 10/22/2018 $1,000.00MEC2019-01181 1551 RIVERTOWN PL INSTALL NEW HVAC Mechanical Issued R - New Townhouse 11/20/2018 $5,500.00PLB2019-00861 1551 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 1 15 Plumbing Issued R - New Townhouse 10/22/2018 $10,000.00BLD2018-04390 1552 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 6 15 Building Issued R - New Townhouse 03/22/2018 $45,000.00GAS2019-00603 1552 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 6 15 Gas Issued R - New Townhouse 10/22/2018 $1,000.00PLB2019-00870 1552 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 6 15 Plumbing Issued R - New Townhouse 10/22/2018 $10,000.00BLD2018-04393 1553 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 2 1 Building Issued R - New Townhouse 03/22/2018 $45,000.00ELE2019-04222 1553 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 2 1 Electrical Issued R - New Townhouse 04/29/2019 $45,000.00GAS2019-00598 1553 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 2 1 Gas Issued R - New Townhouse 10/22/2018 $1,000.00MEC2019-01193 1553 RIVERTOWN PL INSTALL NEW HVAC SYSTEM Mechanical Issued R - New Townhouse 11/21/2018 $5,500.00PLB2019-00864 1553 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 2 1 Plumbing Issued R - New Townhouse 10/22/2018 $10,000.00BLD2018-04376 1554 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 5 15 Building Issued R - New Townhouse 03/22/2018 $45,000.00GAS2019-00601 1554 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 5 15 Gas Issued R - New Townhouse 10/22/2018 $1,000.00PLB2019-00869 1554 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 5 15 Plumbing Issued R - New Townhouse 10/22/2018 $10,000.00BLD2018-04394 1555 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 3 1 Building Issued R - New Townhouse 03/22/2018 $45,000.00ELE2019-04220 1555 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 3 1 Electrical Issued R - New Townhouse 04/29/2019 $45,000.00GAS2019-00599 1555 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 3 1 Gas Issued R - New Townhouse 10/22/2018 $1,000.00MEC2019-01194 1555 RIVERTOWN PL INSTALL NEW HVAC Mechanical Issued R - New Townhouse 11/21/2018 $5,500.00PLB2019-00865 1555 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 3 1 Plumbing Issued R - New Townhouse 10/22/2018 $10,000.00BLD2018-04375 1556 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 4 15 Building Issued R - New Townhouse 03/22/2018 $45,000.00GAS2019-00600 1556 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 4 15 Gas Issued R - New Townhouse 10/22/2018 $1,000.00PLB2019-00867 1556 RIVERTOWN PL LOT SPECIFIC TOWNHOUSE - LOT 4 15 Plumbing Issued R - New Townhouse 10/22/2018 $10,000.00BLD2018-04008 199 UNION ST UPDATE AND REPAIR BATHROOM IN R Building Issued C - Alteration/Repair 01/31/2018 $1,000.00PLB2018-01862 199 UNION ST INTERIOR RENOVATIONS TO LAUNDRY Plumbing Issued C - Alteration/Repair 01/31/2018 $4,000.00BLD2019-00218 201 UNION ST RESTURANT - TLO - NEW KITCHEN, KIT Building Issued C - Tenant Layout 10/25/2018 $75,000.00ELE2019-00426 201 UNION ST //HXF RESTURANT - TLO - NEW KITCHE Electrical Issued C - Tenant Layout 05/15/2019 $75,000.00

Town of Occoquan - Permit Report August 2019

DEVELOPMENT SERVICES - BUILDING DEVELOPMENT

GAS2019-00113 201 UNION ST RESTURANT - TLO - NEW KITCHEN, KIT Gas Issued C - Tenant Layout 03/19/2019 $12,000.00MEC2019-00933 201 UNION ST RESTURANT - TLO - NEW KITCHEN, KIT Mechanical Issued C - Tenant Layout 03/19/2019 $75,000.00PLB2019-00145 201 UNION ST {{ KJJ{{ RESTURANT - TLO - NEW KITCH Plumbing Issued C - Tenant Layout 03/19/2019 $2,000.00PLB2018-02373 411 UNION ST CONVERTING FROM SEPTIC TO PUBLI Plumbing Issued R - Alteration/Repair 03/23/2018 $15,000.00BLD2019-00785 131 WASHINGTON ST FINISH BASEMENT -*REVISED 9/19/18 T Building Issued R - Alteration/Repair 08/13/2018 $750.00ELE2019-00643 131 WASHINGTON ST FINISH BASEMENT -*REVISED 9/19/18 T Electrical Issued R - Alteration/Repair 08/16/2018 $500.00PLB2019-00381 131 WASHINGTON ST FINISH BASEMENT -*REVISED 9/19/18 T Plumbing Issued R - Alteration/Repair 08/15/2018 $750.00PLB2018-01956 103 WEST LOCUST ST Water Service Plumbing Issued R - Alteration/Repair 02/08/2018 $1,400.00

END OF REPORT




www.occoquanva.gov

Town Zoning Administrator’s Report Town Council Meeting – September 3, 2019

The following is a list of zoning reviews from August 1, 2019 to August 31, 2019: TZP2019-016 204 Union Street, Unit 101 Change of use to retail Approved TZP2019-017 311 Mill St. additional seating at Bottle Stop Approved TZP2019-018 201 Union St fencing and lighting pending correction to signs The following is a list of violation letters from August 1, 2019 to August 31, 2019: 201 Union St – multiple sign violations The following is a list of plan reviews from August 1, 2019 to August 31, 2019: Mill at Occoquan – emails, phone conversation and meetings discussing the Preliminary Plan with town staff

-END-

TOWN COUNCIL Earnie W. Porta, Jr., Mayor Patrick A. Sivigny, Vice Mayor J. Matthew Dawson Cindy Fithian Laurie Holloway Eliot Perkins TOWN ZONING ADMINISTRATOR Ned A. Marshall, L.S.



www.occoquanva.gov

Town Treasurer’s Report Town Council Meeting – Sept 3, 2019

Audits

Audit Type Current Status

Last FY Audit Completed Next Steps/Action

Meals Tax Audit Pending None Pink Bicycle Tea Room BPOL Audit Pending 2012 License Year Fathom Realty Meals Tax Audit Pending None Riverside Coffee and Ice Cream BPOL Audit Pending None The Reclaimed Treasurers Meals Tax Audit Pending None Tastefully Yours BPOL Audit Pending None Patriot Scuba Meals Tax Audit Pending None MCKR Management/Cock and Bowl

Delinquencies

Meals Tax Delinquencies

Business Name Length of

Delinquency (months)

Date of Last Notice Status of Compliance

Pink Bicycle Tea Room 18 8/31/2019 Not compliant Madigan’s Waterfront 3 8/31/2019 Not compliant Riverside Coffee & Ice Cream 5 8/31/2019 Not compliant

BPOL Tax Delinquencies

Business Name Length of

Delinquency (Years)

Date of Last

Notice Status of Compliance

Fathom Realty 2 8/31/2019 Not compliant Pin Curls Hair Salon 2 8/31/2019 Not compliant 13 Magickal Moons 1 8/31/2019 Not compliant MCKR Management/Cock and Bowl 1 8/31/2019 Not compliant Home 1 8/31/2019 Not compliant Pink Bicycle Tea Room 1 8/31/2019 Not compliant Berrywood, Inc 1 8/31/2019 Not compliant

Real Estate Delinquencies

Property Owner Length of

Delinquency (Years)

Amount of Delinquency

(Tax Only)

Date of Last

Notice Status of Compliance

Granny’s Cottage Inc 3 $201.60 8/31/2019 Not compliant Mary Ann Auger 1 $143.52

8/31/2019 Not compliant

TOWN COUNCIL Earnie Porta, Mayor Patrick A. Sivigny, Vice Mayor J. Matthew Dawson Cindy Fithian Laurie Holloway Eliot Perkins TOWN MANAGER Kathleen R. Leidich TOWN TREASURER Carla M. Rodriguez

Town Treasurer’s Report June 5, 2018 Page 2


Joyce Day 1 $161.28 8/31/2019 Not compliant Ernest Jason Fore 1 $470.16 8/31/2019 Not compliant Houghton, Lance 1 $10.57 8/31/2019 Not compliant Kathleen King 1 $363.24 8/31/2019 Not compliant Frederick Sales Jr 1 $147.60 8/31/2019 Not compliant Mir A& Lahora Yahya 1 $177.96 8/31/2019 Not compliant

Transient Tax Delinquencies

Property Owner Length of

Delinquency (months)

Date of Last Notice Status of Compliance

Ballywhack Inc 8 8/31/2019 Not compliant

* Town staff is currently working on closing FY2019.



www.occoquanva.gov

Occoquan Police Department

Monthly Town Council Report September 3, 2019

Departmental Goals Goal 1: Provide for the public safety of the persons and property of the residents, businesses,

and visitors of the Town of Occoquan. Goal 2: Promote a professional and accountable police department. Goal 3: Promote safe roads and sidewalks in the Town of Occoquan.

Current Initiatives

Expanded the Calls for Service police coverage in Town. Working with town officers and auxiliary police officers to increase patrols and visibility during peak calls for service times.1 Directed business checks and patrols during business hours.1 Began Bike Patrol to improve community policing and safe sidewalks.1 Worked with officers to address administrative needs of Police Department.2 Directed traffic enforcement on Gordon Boulevard and Commerce Street area (speeding, Block the Box and Driving off Roadway), Union Street/Tanyard Hill Road (speed enforcement), and Washington Street (pedestrian safety and speeding).3 Directed stop sign enforcement and pedestrian safety enforcement in historic district.3 Increased foot patrols and visibility in historic business area.

Continued body worn cameras program for Town Officers and DMV selective enforcement grants to reduce accidents and pedestrian safety.4

Community Relations Provided patrol and visibility during beer garden, Music on the Mill, and Harry Potter and Pokémon community events. Continued Pedestrian Safety Campaign. Provided patrol and visibility throughout Town, including foot patrols through Historic Downtown and residential areas on Washington Street, East Colonial Drive, Overlook Drive, Fortress Way, Occoquan Heights, and Mill Cross. Continued stop sign and speed compliance details.

TOWN COUNCIL Earnest W. Porta, Jr., Mayor Patrick A. Sivigny, Vice Mayor J. Matthew Dawson Cindy Fithian Laurie Holloway Eliot Perkins

TOWN MANAGER

Kathleen R. Leidich, AICP CHIEF OF POLICE Adam C. Linn, J.D.

Occoquan Police Department Report August 2019 Page 2

Continued with Business Outreach by having Police do regular business checks and speak with business partners regarding any concerns. Spoke with multiple residents, visitors, and business owners throughout the month.

Patrol and Enforcement Activities During the month of August, the Town Police made 10 custodial arrests (Felony Drug Arrest, Felony Warrant Services, Drunk in Public, Reckless Driving, DUI, DUI Refusal, Driving Revoked), issued 253 traffic summonses, and 119 warnings.

Traffic Summonses FYTD (GRAPH) 5

Parking Tickets Issued FYTD (GRAPH)3

214

253

0 0 0 0 0 0 0 0 0 0

171

202

83

145162 164

150

124

176159 162

149

0

50

100

150

200

250

300

Fiscal Year 2020

Fiscal Year 2019

18

7

0 0 0 0 0 0 0 0 0 0

7

20

2

54

11

19

8

17 17

8

22

0

5

10

15

20

25

Fiscal Year 2020

Fiscal Year 2019


Traffic Stops YTD (GRAPH) 5

Patrol Hours FYTD (GRAPH) 5

328

372

0 0 0 0 0 0 0 0 0 0

210

265

124

228

259

222233

204

261237

264239

0

50

100

150

200

250

300

350

400

Fiscal Year 2020

Fiscal Year 2019

502.5 518

0 0 0 0 0 0 0 0 0 0

257

371 364.5314

274

364327.5

269

360318.5 297

407.5

0

100

200

300

400

500

600

Fiscal Year 2020

Fiscal Year 2019


Miscellaneous Continued auxiliary police officer training.2 Attended Virginia Chief of Police Conference/Training.3

1 Goals 1, 2, and 3 2 Goal 2 3 Goal 3 4 Goals 1, 2, and 3 5 Goals 1 and 3

Linn, 41%

Barker, 3%

Martinez, 7%

Ingignoli, 14%

Budd, 13%

Jackson, 14%

Nazarei, 1%

J. Linn, 1% Ralston, 6%

Administrative and Training

Linn25%

Barker22%

Ingignoli4%

Martinez25%

Smedley9%

Neff5%

Budd4%

Jackson1%

Nazarei2%

J. Linn3%

Total Patrol Hours FYTD

TOWN OF OCCOQUAN TOWN COUNCIL

Public Works Report August 2019 Earnie Porta, Mayor

Patrick A. Sivigny, Vice MayorJ. Matthew DawsonCindy FithianLaurie HollowayEliot Perkins

Location Action Taken Completion Date Completed ByRMP Set up screen and equipment for Movie in the park 8/2/2019 Bucky BrillRMP Broke down screen and equipment for Movie in the park 8/2/2019 Bucky Brill

Craft Show Took banner to print shop 8/5/2019 Bucky BrillTown Dumped trash and used sweeper 8/5/2019 Bucky BrillRMP Cleaned bathroom and restocked toilet paper 8/5/2019 Bucky BrillTown Watered shrubs and plants 8/5/2019 Bucky BrillTown Gas Leak - assisted traffic by blocking street 8/6/2019 Bucky BrillTown Watered shrubs and plants 8/6/2019 Bucky BrillTown Power washed message board and truck 8/6/2019 Bucky BrillTown Created samples of stain vs. paint for message board 8/6/2019 Bucky BrillTown Stained message board 8/7/2019 Bucky BrillTown Research automated work order systems 8/7/2019 Chris CoonRMP Cleaned bathroom and restocked toilet paper 8/7/2019 Bucky BrillTown Updated Public Works Work Order Sheet 8/7/2019 Chris Coon

Town Hall Electrician installed 20 amp outlet for printer in conference room 8/8/2019 Chris CoonRMP Worked with Electrician (repair park lights) 8/8/2019 Bucky BrillTown Told Kent to move forward with 4 landscape projects 8/9/2019 Chris Coon

Town Entrance Told Kent to remove dead Commerce Street and Mamie Davis Trees 8/9/2019 Chris CoonRMP Blocked parking for Band/Refilled dog boxes 8/10/2019 Bucky BrillRMP Dumped trash 8/10/2019 Bucky BrillRMP Set-up for Band/Concert 8/10/2019 Bucky BrillRMP Treated grass 8/10/2019 Bucky BrillRMP Broke down/Cleaned after Concert 8/10/2019 Bucky BrillTown Dumped trash 8/12/2019 Bucky BrillTown Trip to Lowes for Historic Banner Supplies 8/12/2019 Bucky Brill

Town Watered plants and shrubs 8/12/2019 Bucky BrillRMP Shut off River Mill light and bridge light 8/12/2019 Bucky BrillRMP Checked bathroom and replaced toilet paper 8/12/2019 Bucky BrillTown Put gas in truck, called 4 locations for bay for Halloween project 8/12/2019 Bucky Brill

404 Fortress Way Picked up can at 404 Fortress Way 8/12/2019 Bucky BrillTown Refilled water tank on truck 8/12/2019 Bucky BrillTown Moved trash can to Snack Shack 8/12/2019 Bucky BrillDock Checked trash 8/12/2019 Bucky BrillRMP Turned on River Mill lights and bridge lights 8/13/2019 Bucky BrillTown VDOT work to repaint street arrows and stop bars 8/13/2019 Chris CoonTown Helped get truck out of town, helped stranded motorist 8/13/2019 Bucky BrillTown Helped sweep up dirt on Mill Street 8/13/2019 Bucky BrillTown Talked with electrician, watered plants and shrubs 8/13/2019 Bucky BrillAnnex Volunteer cleaned Annex/ Pulled Trash 8/13/2019 Chris CoonAnnex Cleaned annex yard/Worked on inside of annex 8/13/2019 Bucky Brill

Town Hall Cleaned steps 8/13/2019 Bucky BrillTown Dumped trash, cleaned leaves in circle, cleaned drains 8/14/2019 Bucky BrillTown Volunteer cleaned cul-de-sac 8/14/2019 Chris Coon

Town Hall Volunteer cleaned exterior area of Town Hall 8/14/2019 Chris CoonRMP Put together work light for RMP 8/14/2019 Bucky BrillRMP Cleaned bathroom and restocked toilet paper 8/14/2019 Bucky Brill

Town Hall Talked with Brite Light for solar light quote 8/14/2019 Bucky BrillTown Hall Greased chair and door 8/14/2019 Bucky Brill

Town Talked to Larry Hall about lamp head solar light quote 8/14/2019 Chris CoonTown Hall Stopped at Lowes to get hangers for Poems 8/14/2019 Bucky BrillTown Hall Adjusted downstairs door, made pole for packing trash can 8/14/2019 Bucky Brill

Town Folded flag and took to VFW 8/14/2019 Bucky BrillTown Hall Install framed Poems 8/14/2019 Bucky Brill

Town Checked trash, worked on banner at Mill Street, worked on truck 8/15/2019 Bucky BrillTown Reachout to Washington Gas for gasline layout 8/16/2019 Chris CoonRMP Blocked Parking Spaces for Band and Beer Garden Vendors 8/17/2019 Bucky BrillRMP Set-up for Band and Beer Garden 8/17/2019 Bucky BrillRMP Dumped Trash in Park 8/17/2019 Bucky BrillRMP Broke Down/Helped Vendors Leave/Cleaned Trash after Concert 8/17/2019 Bucky Brill

Town VDOT request for Sign at Ellicott/Mckenzie "No Through Trucks" 8/19/2019 Chris CoonTown Dumped Trash 8/19/2019 Bucky BrillRMP Check/Restock Bathrooms 8/19/2019 Bucky Brill

Town Water Town Shrubs, Flower, Plants 8/19/2019 Bucky BrillTown Repair work on Dolly for signs 8/19/2019 Bucky BrillDock Review Councilmember Fithian Request 8/20/2019 Bucky BrillRMP Work on Dollys for Basement work 8/20/2019 Bucky BrillTown Checked/Packed Down Trash in Public Cans 8/20/2019 Bucky BrillRMP Went to Lowes for Dolly material 8/20/2019 Bucky Brill

Town Landscapers removed all 3 dead trees in Town 8/20/2019 Chris CoonTown Landscapers covered tree holes with mulch 8/20/2019 Chris CoonTown Landscapers trimmed trees in front of 310 Mill Street 8/20/2019 Chris CoonTown Landscapers removed Large shrub at the end of Poplar Alley 8/20/2019 Chris CoonTown Landscapers sprayed for weed at Town Entrance 8/20/2019 Chris CoonTown Scheduled with Homeowner to remove town trees on property 8/20/2019 Chris CoonTown Dumped Trash 8/21/2019 Bucky BrillRMP Cleaned Basement 8/21/2019 Bucky BrillTown Lowes to purchase freezer for ice for Craft Show/Concerts 8/21/2019 Bucky BrillRMP Clean/Restock Restrooms 8/21/2019 Bucky BrillTown Picked up Ice for freezer 8/22/2019 Bucky BrillTown Priced new tires for Town Truck 8/22/2019 Bucky BrillTown Priced new running boards for Town Truck 8/22/2019 Bucky BrillTown Checked on spaces for Halloween project 8/22/2019 Bucky BrillTown Delivered Trash and recycling can to 105 Poplar Lane 8/22/2019 Bucky Brill

Town Hall Cut wood for Police Department Office 8/22/2019 Bucky BrillRMP Check Trash/Restock Bathrooms 8/23/2019 Bucky BrillRMP Work in Basement 8/23/2019 Bucky Brill

Town Dumped Trash 8/23/2019 Bucky BrillTown Washed Truck 8/23/2019 Bucky BrillTown Went to Pep Boys for tire and running board quote for Town Truck 8/23/2019 Bucky BrillTown Dumped Trash 8/26/2019 Bucky BrillTown Ordered running boards for Town Truck 8/26/2019 Bucky BrillTown Sweep Town with Street Sweeper 8/26/2019 Bucky BrillRMP Checked and Restocked Bathrooms 8/26/2019 Bucky Brill

Town Checked/Scheduled Truck Tire replacement 8/27/2019 Bucky BrillTown Review Councilmember Perkins Request 8/27/2019 Bucky BrillTown Collected trash from Councilmember Perkins Request 8/27/2019 Bucky BrillTown Repair and Maintenance on Gator 8/27/2019 Bucky BrillTown Checked on spaces for Halloween project 8/27/2019 Bucky BrillTown Paperwork (receipts, timesheets, quote for tire) 8/27/2019 Bucky BrillTown Dump Trash 8/28/2019 Bucky BrillTown Dropped off Town Truck for Tire replacement 8/28/2019 Bucky Brill

Town Hall Craft Show Meeting 8/28/2019 Bucky BrillRMP Clean/Restock Restrooms 8/28/2019 Bucky Brill

Town Email Electrician for RMP Project 8/29/2019 Chris Coon

FY 2020 RiverFest Update Updated 7/24/19

Background In April 2018, Town Council established the Craft Show Exploratory Committee to review the goals of the annual Town Arts & Crafts Shows and to provide recommendations to Council on the future of the Shows going forward. Council acknowledged receipt of the Committee’s report in January 20191. The Events and Community Development Director provided the first update regarding the future event development process for FY 2020 to Council in April 2019.

The current Town Craft Show goals are to:

• Enhance the Town of Occoquan as a center for living, shopping, dining, art, and history2 • Generate funds for Town capital projects and other Town financial needs

Since 2013, the net revenue for the Spring Craft Show has remained in the $52,300 to $54,000 range. The net revenue for the FY 2018 Show was substantially lower ($29,902) due to extreme weather conditions. The combined annual average net revenue for both shows has been $106,000. The two major contributors to Craft Show revenues are shuttle bus sales and vendor booth sales. The shuttle bus revenue has remained relatively constant, while the vendor booth revenue has plateaued. Booth slots for each season used to be over 350 in the mid 1990’s. More recently, it has been around 250 (For 2019 Spring Craft Show it was 240). Spring Craft Show booth slots are harder to fill.

The Craft Show Exploratory Committee recommendation was for the FY 2020 Spring Craft Show to be replaced with an Occoquan-branded event or events that have a revenue-generating alcohol sales component included. The Committee recognized that the revenue from one event may not be sufficient income to replace the Spring Craft Show revenue, so they also recommended at least one additional revenue-generating event be added in FY 2020 to compensate.

RiverFest During the FY 2018 Fall Craft Show, 858 patrons completed a survey requesting opinions on what they would like to see in future Town events. Survey respondents felt the Town would benefit from a more diverse set of events. RiverFest incorporates several desired elements that were mentioned by the survey respondents:

• Alcohol related event • Art Festival • Retail Event

The relatively stable performance of the Spring Craft Show in years past, provides a solid base for the Town to build on as it develops future events that will ultimately replace it in FY 2020. Because RiverFest will be held on the first weekend of June, keeping the same dates as the Spring Craft Show, the dates will already be familiar to past attendees who already associate this weekend with a Town event.

1 Council Acknowledged receipt of the report, with the disclaimer that acknowledgement of receipt and authorization to post did not constitute adoption of the recommendations in the report. 2 Corresponds with Town Council FY 2020 Priority Area: Community Development and Programming (Increase reputation and viability of annual events).

RiverFest Event Date The event will take place Saturday, June 6, 2020, 10-8pm and Sunday, June 7, 2019, 10-5pm

Tentative Schedule • River Activities 10am -5pm

Standing Paddle Board Slalom Fun Run, Saturday only River Cruises with Sea Knight Cruises, both days Water Taxi—service provided; not revenue generating

• Artisan’s Walk 10am – 5pm, both days • Commercial Booths and Climbing Wall 10am -5pm, both days • Beer Garden and Shrimp Boil 4pm-8pm, Saturday only • Two Food Courts

Street Closures Street closures include the length of Mill Street, from under the Rt. 123 Bridge to the Cul-de-sac; Washington, Ellicott, and Union Streets at Poplar Alley.

Shuttle Event Shuttle-3 shuttle stops:

• Yellow (under 123 Bridge) delivers patrons directly to water activities, kids climbing wall, commercial booths and one of two food courts

• Green (Footbridge) delivers patrons directly to the Beer Garden, 2nd of 2 food courts and Artisan’s Walk

• Purple (Moms) delivers patrons directly to the middle of the show.

Revenue The event has been determined to be a two-day event for the following reasons:

• Estimate that a two-day event will generate 30-35% increase in revenue over a one-day event • Two-day event will create an easier transition for long time artisans that are able to be juried

into the Artisan’s Walk • Spring Craft Show vendors polled: over 25% said that would not apply to a one-day event, citing

distance, logistics, and potential weather as reasons not to attend a one-day event

Ticketed events will be offered online prior to the event for Standing Paddle Board Slalom Fun Run, River Cruises, and Beer Garden/Shrimp Boil. Online ticket sales will provide a better estimate for event expense outlay. Tickets for these events will be cash only on the day of the event.

Projected Revenues and Expenditures

RiverFest 2020 Two Days Updated 8 26 19

RiverFest 2020 Two Days Updated 8 26 19 RiverFest 2020 Revenue

Notes Sponsorships 3,000 3 Sponsors @$1000 Booth Rentals 52,125 125 Artisans @$300; 20 Commercial @$500; 10Food @400

Shuttle Fare 20,000 4000 Patrons @ $5 Merchandise Sales 1,500 Souvenirs

Activity Revenue 8,075 75 Racers @$15 + 80 Cruisers @$30 + 160Climbers @$5 + 150 dinners @25 Alcohol Entry Fees 6,250 250 @$25

Vendor Parking 2,250 30 spaces @ 75 Total 93,200

RiverFest 2020 Expenditures Notes On Call Labor 1000 Materials and Operational Supplies

ABC License 85 Merchandise for resale 500

Activity Expense 750 Beer Costs 1,800

TOTAL MATERIALS & SUPPLIES 3,135 Equipment Rental

Tent/table Rental 1,000 Portajohns 2,300

Shuttle 16,000 Boat Charter 3,000 Shrimp Boil 1,500 ipad rental 534 $89 each includes 4 G service

Entertainment Bands 3,500

Rock Wall 3,000 TOTAL CONTRACTS 25,800 Advertising - Marketing 7,000 TOTAL ADVERTISING 7,000 TOTALS 36,935 RiverFest 2020 Revenue $93,200 RiverFest 2020 Expenditures $36,935 Net $56,265

RiverFest 2020 Revenue Notes

Sponsorships 3,000 3 Sponsors @$1000 Booth Rentals 52,125 125 Artisans @$300; 20 Commercial @$500; 10Food @400

Shuttle Fare 20,000 4000 Patrons @ $5 Merchandise Sales 1,500 Souvenirs

Activity Revenue 8,075 75 Racers @$15 + 80 Cruisers @$30 + 160Climbers @$5 + 150 d Alcohol Entry Fees 6,250 250 @$25

Vendor Parking 2,250 30 spaces @ 75 Total 93,200

RiverFest 2020 Expenditures Notes

On Call Labor 1000 Materials and Operational Supplies

ABC License 85 Merchandise for resale 500

Activity Expense 750 Beer Costs 1,800

TOTAL MATERIALS & SUPPLIES 3,135

Equipment Rental Tent/table Rental 1,000

Portajohns 2,300 Shuttle 16,000

Boat Charter 3,000 Shrimp Boil 1,500 ipad rental 534 $89 each includes 4 G service

Entertainment Bands 3,500

Rock Wall 3,000

TOTAL CONTRACTS 25,800

Advertising - Marketing 7,000

TOTAL ADVERTISING 7,000

TOTALS 36,935 RiverFest 2020 Revenue $93,200 RiverFest 2020 Expenditures $36,935 Net $56,265

FY 2020 Spirits & Spirits

Revised 8/21/19

Background Haunt the Town in years’ past was a “passport” event produced by the Merchant Guild and similar in scope to the Chocolate Walk. Visitors were encouraged to visit a certain number of businesses, receive a stamp to fill the passport. Passports were submitted as an entry for a prize. Merchants were encouraged to decorate their businesses for the entire month of October for photo opportunities and to make the town look festive. On the 3rd Saturday of the month, the Guild held the passport/shopping event. While the Guild did advertise the event itself, they did not advertise, encourage, or promote trick or treating. Many merchants, however, understood the nature of a Halloween event and offered candy on the day of the event. Last year, Town staff added a pumpkin carving contest, a parade, a magic show, a movie, and candy giveaways to the shopping event day.

Haunt the Town has not been a hugely successful promotion for Town merchants and the Guild does not plan to repeat for FY2020. This year, the Town will host Spirits & Spirits, a day-long event for families.

Spirits & Spirits Spirits & Spirits will take place the same Saturday that historically Haunt the Town was held, the 3rd Saturday of October. Businesses will be encouraged by the Guild to decorate to make the Town look festive. Kids Haunt the Town, from 11am to 4pm, will be the family-friendly portion of the event and will include merchant-sponsored kids’ activities, and a town-sponsored costume parade and magic show. The Haunted Maze will include a 30 x 45 “haunted” maze, designed by the team at Patriot Scuba and staffed by volunteers. The Spirit Garden will offer beer, wine, and spirits.

Date October 26, 2019, 11am – 8 pm

Tentative schedule • Kids Haunt the Town, 11 am to 4pm • Costume Parade and Contest, 2 pm • Magic Show, 4 pm • Haunted Maze/Beer Garden from 4 pm - 10 pm

Street Closures There will be no street closures for this event until the parade at 2pm. Police will institute a rolling closure at that point until parade participants are at River Mill Park.

Shuttle The Town will provide a shuttle for offsite parking.

Revenue Generators Up till now, the Town has brought in a brewery to host beer gardens; the town takes 15% of sales. Spirits & Spirits will be the first time that the Town will partner with a non-profit to generate revenue. The Town will partner with Patriots for Disabled Divers to spearhead the haunted maze and spirit garden for this ticketed event and split the revenue.


Revised 8/21/19

Projected Revenues and Expenditures

SPIRITS & SPIRITS 2019 , UPDATED 8 26 19 SPIRITS & SPIRTS REVENUE FY2020

Notes

Sponsorships 1,000

Booth Rentals 0 No booth rentals

Shuttle Fare 0 Shuttle free to visitors

Activity Sales 3,000 $10 Admission to Haunted Cave

Alcohol Sales 4,000 Estimate 500 drinks poured

TOTALS $8,000

SPIRITS & SPIRTS EXPENSES FY2020

Notes Materials and Operational Supplies

ABC License 175 Haunted Cave 2000 One-time cost

Alcohol Costs 1500 TOTAL MATERIALS & SUPPLIES $3,675

Equipment Rental

Tent/table Rental 200 Portajohns 350

Shuttle $1056 to be paid from 63230 Community/Business Support

Entertainment 500 TOTAL CONTRACTS 1050 TOTAL ADVERTISING 250 Facebook ads and fliers TOTALS $4,975 Spirits & Spirits Revenue $8,000

Spirits & Spirits Expenses $4,925

Net $3,075


Revised 8/21/19

Logo



www.occoquanva.gov

Town Manager’s Report Town Council Meeting – September 3, 2019

River Mill Park Bath House Lower level storage room: staff will continue working with Prince William County to complete the required corrective work. Next steps include developing a design plan for the work that conforms to County’s building code. Mill at Occoquan Development Application The formal public review process for the application will start with the Planning Commission Public Hearing on 9/24/19. To prepare for the Public Hearing, members of the Planning Commission and Town Council will be taking field trip during the second week of September to see similar mixed-use buildings at varying heights.

Visitor Center Kiosk PWC staff will hold a design charrette with the ARB at a future meeting. Town staff has reviewed the MOA regarding the Kiosk and is awaiting the final version of the document from the County. The Virginia Tourism Corporation has also confirmed that the Tourism sign will remain on Route 95.

Kayak Ramp Project The total budget for the project is $348,057, with DCR contributing $283,650.40. The Subgrantee Agreements have been signed by both DCR and the Town. The contractor has begun work to update the required permits. Staff is currently in the process of submitting reimbursement for project costs that have been incurred since 9/1/16. Staff is currently working to secure a project manager. The permit update process will take approximately 30-40 days to complete. The actual construction of the project will take approximately 45-60 days to complete.

Updates • Administrative Assistant is planning to move out of the area in the near future. • New Mural in the process of being installed on the fence at Mill at Occoquan site. • New tires to be purchased for maintenance truck.

Meetings, Training, and Events • Mill at Occoquan Work Session-Engineering Groupe/Legacy Engineering, August 22 • Planning Commission/ARB Meetings, August 27 • Concert: Livin’ the Dream, September 7 • Planning Commission/Town Council Field Trips, September 12 & 13 • PWC Census Outreach Meeting, September 17 • Movie Night: Breakfast at Tiffany’s, September 21 • Planning Commission Public Hearing, September 24 • Friends of the Occoquan Fall River Clean up, October 5 • PWC Recycles Day, October 12

-End-

TOWN COUNCIL Earnest W. Porta, Mayor Patrick A. Sivigny, Vice Mayor J. Matthew Dawson Cindy Fithian Laurie Holloway Eliot Perkins TOWN MANAGER Kathleen R. Leidich, AICP

TOWN OF OCCOQUAN TOWN COUNCIL MEETING Agenda Communication

8. Regular Business Meeting Date: September 3, 2019 8 A: Stormwater Work Plan

Explanation and Summary: The attached Stormwater Work Plan includes an overview of the Town’s stormwater management system along with future projects recommended for the three major pipes and the Infiltration Ditch included in the system. It also includes an overview of the CCTV inspection of the three major pipes travelling through the Town that was performed by the Prince William County Department of Public Works in April 2018. Engineer’s Recommendation: Approval. Town Attorney’s Recommendation: N/A Town Manager’s Recommendation: Approval. Cost and Financing: TBD Account Number: Public Works-Stormwater Management (Adopted FY 2020

Capital Improvement Program) Attachments (2): Stormwater Work Plan Drainage System Inspection Report-5/24/18

Stormwater Work Plan

Background The stormwater drainage system for the Town consists mainly of three major pipes

travelling through Town and discharging into the Occoquan River.

The Ellicott Street pipe starts from the corner of Ellicott Street and McKenzie Drive, passes by Town Hall and discharges into the river, beside the building that currently houses Elements. The Union Street pipe starts in the vicinity of Center Lane and was built by the Federal Emergency Management Agency (FEMA) in 1972 after Hurricane Agnes impacted the Town. This pipe parallels Union Street and discharges into the river, beside Gaslight Landing. The Cooper’s Alley pipe starts on Washington Street and passes by Mom’s Apple Pie, the Ebenezer Church, and discharges into the river beside Madigan’s.

Ellicott Street Pipe

Union Street Pipe-Middle

Cooper’s Alley

Vantage Pointe Infiltration Ditch

The Town’s stormwater management responsibilities also include the maintenance of the Vantage Pointe Infiltration Ditch which was installed to address the increased water flow associated with the construction of the West Locust Street Improvement Plan. On 7/13/99, the Town signed a maintenance agreement with six West Locust Street property owners, agreeing to take on the maintenance responsibilities for the Infiltration Ditch. The end date for the agreement is 12/31/2097.

System Inspection In April 2018, the Prince William County Public Works Department performed a CCTV

inspection of the three pipes and provided a draft report in May 2018. PWC also provided the Town with the photos and videos that were taken during the system inspection process. On 7/19/19, Town staff met with staff members from the PWC Department of Public Works to review the system inspection and to begin the development of a stormwater work plan for the Town.

Inspection Highlights

• Inlet under two sheds, by Ebenezer Church • Inlet by Visitor Center • Sporadic illegal connections • Union Street Pipe: damaged sections around Mill Street/Commerce Street intersections • Cooper Alley Pipe: damaged sections (rebar/separation), uneven

Overall, the Ellicott Street and the Union Street Pipes appear to be functional. There were no blockages and the water appeared to flow through the pipes reasonably well. The Cooper’s Alley Pipe seemed to be somewhat uneven and in the worst condition of the three pipes, with rebar/separation throughout; however, the water still seemed to flow through it reasonably well.

Maintenance Plan The ongoing maintenance of the three pipes should include performing a CCTV inspection of each pipe every two years and performing joint repair (Epoxy) on the Ellicott Street and Union Street pipes every 5 years. Both pipes are candidates to have liners blown in for reinforcement. Because of its unevenness, the Cooper’s Alley pipe, is not a candidate for blowing in a pipe liner or epoxy joint repair. Regarding the Vantage Pointe Infiltration Ditch, Annual inspections and maintenance/repair should also be completed.

Future Projects • CCTV Inspection of all three pipes • Union Street Pipe: Properly abandoning the 36 ft. section of pipe on Center Lane at

Washington Street • Cooper’s Alley Pipe: Installing a trash wrap gate at the inlet located on Washington

Street/Center Lane to prevent debris going into pipe • Blowing/Cleaning out all three pipes

Projects for Consideration • Blowing Liners into Ellicott Street and Union Street pipes

Thomas Bruun

Director

Town of Occoquan – Drainage System Page 1

COUNTY OF PRINCE WILLIAM 5 County Complex Court, Suite 170

Prince William, Virginia 22192-5308 DEPARTMENT OF

(703) 792-7070 Metro 631-1703 FAX: (703) 792-6297 PUBLIC WORKS

Environmental

Services Division

TOWN OF OCCOQUAN DRAINAGE SYSTEM CCTV INSPECTION REPORT

From Structure #10 to Structure #11 Material: Corrugated metal pipe (CMP) Diameter: 15 inches

▲ 12.2 ft. from Str. #10: Damaged joint


▲ 14.4 ft. from Str. #10: Damaged joint ▼ 36.2 ft. from Str. #10: Damaged joint, rock debris

inside pipe


▲ 36.2 ft. from Str. #10: Damaged joint


From Structure #10 to Structure #12

Material: Reinforced concrete pipe (RCP) Diameter: 30 inches

▲ 3.0 ft. from Str. #10: Broken pipe with exposed rebar ▼16.0 ft. from Str. #10:

Damage joint with exposed rebar


▲ 27.3 ft. from Str. #10: Pipe intrusion at joint (possible anchor cable) ▼51.4 ft. from Str.

#10: Gap at joint, infiltration


▲ 63.5 ft. from Str. #10: Damaged joint, cracked ▼76.8 ft. from Str. #10: Damaged joint,

infiltration


From Structure #10 to Structure #9

Material: Reinforced concrete pipe (RCP) Diameter: 24 inches

▲ 4.6 ft. from Str. #10: Damaged joint, cracked ▼8.9 ft. from Str. #10: Damage joint,

longitudinal fracture


▲▼18.7 ft. from Str. #10: Broken pipe, saw cut top of pipe


8. Regular Business Meeting Date: September 3, 2019 8 B: On-Call Financial Consulting Services

Explanation and Summary: On June 4, 2019, the Town Council approved a contract with Quist & Associates, LLC to provide on-call financial consulting services for the Town. Since then, Ms. Quist has assisted the Treasurer with completing the FY 2019 trial balance, which will be provided to the Auditors to kick off the FY 2019 Audit. She has also been assisting the Treasurer with closing out FY 2019 and starting a new QuickBooks file for FY 2020. The original contract with Ms. Quist covered approximately 55 hours of service at a cost of up to $5,000, with a base term of June 1, 2019 through June 30, 2020. In order to complete the FY 2019 trial balance, Ms. Quist will need an additional 5 hours, and to complete her assistance with the new QuickBooks file, she is estimating the need for an additional 8-10 hours. For the remainder of FY 2020, she is estimating the need for approximately 4-8 hours per month to assist the Treasurer with completing the Accounting Policies and Procedures Manual, developing a continuing education plan, and providing on-call service. The activities outlined above will take approximately 69 hours to complete at a projected cost of $6,210. Town Manager’s Recommendation: Approval. Cost and Financing: Not-to-Exceed $6,210 Account Number: 60420-Consulting Proposed/Suggested Motion: “I move to provide additional hours to be used to complete the tasks covered by the Contract for Accounting and Related Services for an amount not to exceed $6,210.” OR Other action Council deems appropriate Attachments (3): Page 5.-Contract for Accounting and Related Services August 19, 2019 Email from Ms. Quist Proposal from Quist & Associates, LLC

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QUIST & ASSOCIATES, LLC P.O. BOX 372

OCCOQUAN, VA 22125 ______________________________________________________________________________ May 24, 2019 Town of Occoquan Attn: Kathleen R. Leidich 314 Mill Street PO Box 195 Occoquan, VA 22125 Dear Kathy,

This letter is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide to the Town of Occoquan.

We will provide the following services through June 30, 2020:

1. Assist Treasurer with monthly/quarterly closing 2. Suggest adjusting journal entries 3. Assist in preparation of audit fieldwork schedules 4. Assist Treasurer and Town Manager in development of standard operating procedures 5. Assist in creation of a professional development program (suggested training/coursework, etc.) 6. Other consulting services, as needed

Our engagement is limited to the period and the services indicated above. We will not audit or review your financial statements, or any other accounting documents and information you provide, in accordance with generally accepted auditing standards. Accordingly, we ask that you not in any manner refer to this as an audit or review. Nor will we otherwise verify the data you submit for accuracy or completeness. Rather, we will rely on the accuracy and completeness of the documents and information you provide to us. Accordingly, our engagement cannot be relied upon to disclose errors, fraud, or other illegal acts that may exist. However, it may be necessary to ask you for clarification of some of the information you provide, and we will inform you of any material errors, fraud or other illegal acts that come to our attention, unless they are clearly inconsequential. In addition, we have no responsibility to identify and communicate significant deficiencies or material weaknesses in your internal controls as part of this engagement, and our engagement cannot, therefore, be relied upon to make disclosure of such matters.

You are responsible for adopting sound accounting policies, for maintaining an adequate and efficient accounting system, for safeguarding assets, for authorizing transactions, for retaining supporting documentation for those transactions, and for devising a system of internal controls that will, among other

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things, help assure the preparation of proper financial statements. Furthermore, you are responsible for management decisions and functions, for designating a competent employee to oversee any of the services we provide, and for evaluating the adequacy and results of those services.

For purposes of entry of the financial information from your basic transaction documents, classification according to the agreed-upon chart of accounts will be performed by you or your employees. As business conditions change, we may mutually agree to change/modify this arrangement.

For the period of the engagement, our fees will be billed at the rate of $90.00 per hour. Invoices will be generated on or around the 5th of each month.

If we elect to terminate our services for nonpayment, or for any other reason provided, our engagement will be deemed to have been completed upon written notification of termination. You will be obligated to compensate us through the date of termination.

It is our policy to retain engagement documentation for a period of seven years, after which time we will commence the process of destroying the contents of the engagement files. To the extent we accumulate any of your original records during the engagement, those documents will be returned to you promptly upon completion of the engagement. The balance of the engagement file is our property, and we will provide copies of such documents at our discretion and if compensated for any time and costs associated with the effort.

Except as permitted in the immediately following paragraph, we agree not to disclose your confidential and/or proprietary information to any individual or entity unless you provide us with your express prior written consent. We also agree to comply at all times with applicable statutory and professional standards for physical, electronic and procedural safeguards for confidential and/or proprietary information.

In the event we are required to respond to a subpoena, court order or other legal process for the production of documents and/or testimony relative to information we obtained and/or prepared during the course of this engagement, you agree to compensate us at our standard hourly rates then existing for the time we expend in connection with such response, and to reimburse us for all out-of-pocket costs incurred in that regard.

This engagement letter is contractual in nature and includes all of the relevant terms that will govern the engagement for which it has been prepared. The terms of this letter supersede any prior oral or written representations or commitments by or between the parties. Any material changes or additions to the terms set forth in this letter will only become effective if evidenced by a written amendment to this letter, signed by all of the parties.

We appreciate the opportunity to serve you. Please contact me with any questions that you may have.

Very truly yours,

Elizabeth A. C. Quist

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ACCEPTED AND AGREED:

Town of Occoquan

_____________________________________ ___________

By: Date

Its:


8. Regular Business Meeting Date: September 3, 2019 8 C: Clerk Services Contracts

Explanation and Summary: On September 6, 2019, the Town Clerk will serve his last full day as the Town Clerk for the Town of Occoquan. This item is for Christopher Coon and Luke Seigfried to provide Town Clerk services for the Town. Mr. Coon will provide 10 hours a week of administrative duties, such as check requests, zoning applications, and general help to the administrative staff, outside of normal business hours. Mr. Seigfried will provide the Town Council Regular Meeting and Work Session Meeting Minutes. The services mentioned above will help the Town with required duties until such time that the Town can employ a new Town Clerk. Mr. Coon has also agreed to assist in the training of the new Town Clerk. Mr. Coon’s rate would be $25 an hour and Mr. Seigfried’s rate would be $17.50 an hour. The funds utilized for these services will come from the salary of the Town Clerk. The activities outlined above will provide vital administrative hours for the Town. Town Manager’s Recommendation: Approval. Cost and Financing: $0 Salary & Wages Account Number: Proposed/Suggested Motion: “I move to enter into a contract with Christopher Coon for 10 hours per week to perform Administrative Duties for the Town of Occoquan at a rate of $25 per hour and authorize the Mayor to execute the contract AND I move to enter into a contract with Luke Seigfried for Town Council Regular Meeting and Work Session Meeting Minutes at a rate of $17.50 per hour and authorize the Mayor to execute the contract.” OR Other action Council deems appropriate


8. Regular Business Meeting Date: September 3, 2019 8 D: Request to Accept DMV – National Highway Safety Administration Highway Safety Grant

Explanation and Summary: This is a request to have the Town Council accept the Department of Motor Vehicles (“DMV”) pass-through grant from the National Highway Safety Traffic Safety Administration’s (NHTSA) highway safety grants. Three grant applications were submitted to receive funding to supplement the Town’s public safety education and enforcement in the areas of impaired driving, speeding, and pedestrian/bicyclist enforcement. The Town received grant agreements in response to those applications. The federal funds obligated under these grants are as follows:

• Selective Enforcement – Speed federal funding $6,345.00 • Selective Enforcement – Alcohol Impaired driving federal funding $4,405.00 • Selective Enforcement – Pedestrian/Bicyclist federal funding $2,512.00

The grants require a 50% soft match from the Town which would be a total of $6,632.00. The Grants are cost reimbursement. Engineer’s Recommendation: N/A Town Attorney’s Recommendation: N/A. Town Manager’s Recommendation: Approved. Cost and Financing: $19,893.00 ($13,262.00 to be reimbursed) Account Number: (Public Safety Labor $9,212.50 / Equipment $3,550 /

Training $500/ Fuel and Maintenance $6,632.) Proposed/Suggested Motion: “I move to accept the grant funds from the DMV pass-through grants from the National Highway Safety Traffic Safety Administration and approve the soft match of up to $6,632.00.” OR Other action Council deems appropriate


8. Regular Business Meeting Date: September 3, 2019 8 E: Dredging Participation Contract

Explanation and Summary: Mayor Porta has been working with the Gaslight Landing Condominium Home Owner’s Association to assist with addressing the dredging issues located by the HOA-owned dock. Engineer’s Recommendation: None. Town Attorney’s Recommendation: Approval as to form. Town Manager’s Recommendation: None. Cost and Financing: Not-to-Exceed $5,000 Funding Source: Public Works-Stormwater Management (Adopted FY 2020

Capital Improvement Program) Proposed/Suggested Motion: “I move to approve the attached Dredging Participation Contract, for an amount not to exceed $5,000, and to authorize the Mayor to sign the contract on behalf of the Town Council.” OR Other action Council deems appropriate Attachments (2): Dredging Participation Contract. Area Photograph

1

TOWN OF OCCOQUAN DREDGING PARTICIPATION CONTRACT

WHEREAS, Virginia Code § 15.2-970 authorizes any locality to perform dredging operations to prevent the tidal erosion, flooding or inundation of such locality, or part thereof, and declares that the design, construction, performance, maintenance and operation of any of such works is a proper governmental function for a public purpose, and WHEREAS, the Gaslight Landing housing development intends to perform certain Dredging Services (as hereinafter defined) related to the outlet of a piped stream on its property, and WHEREAS, the Town is willing to participate in the expense of such dredging operations, with the understanding that its participation is due solely to its desire to prevent erosion, flooding, and inundation, and both the Town and the Contractor agree that the Town has no legal responsibility to provide any support, financial or otherwise, for the intended Dredging Services, NOW, THEREFORE, This Dredging Participation Contract (hereinafter, “this Contract”) is entered into on and as of its Effective Date by and between the TOWN OF OCCOQUAN, a municipal corporation of the Commonwealth of Virginia (hereinafter, “Town”), and __________________________ (hereinafter “Contractor”), for Dredging Services identified herein, on the following terms and conditions:

CONTENTS

I) FORMATION ............................................................................................................... 2 A) Conditions Precedent to Formation: ........................................................................... 2 B) Parties ............................................................................................................................ 2 C) Authority to Execute ..................................................................................................... 3 D) Incorporation of Documents ........................................................................................ 3 E) Effective Date ................................................................................................................ 3

II) PERFORMANCE ......................................................................................................... 3 A) Contacts ......................................................................................................................... 3 B) Acceptance of Work ...................................................................................................... 3 C) Warranty ....................................................................................................................... 4 D) Invoices .......................................................................................................................... 4 E) Payment ......................................................................................................................... 4

III) TERM AND TERMINATION .................................................................................... 5 A) Base Term and Extensions ........................................................................................... 5 B) Termination for Default ............................................................................................... 5 C) Termination for Convenience ...................................................................................... 6

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D) Termination for Non-Appropriation .......................................................................... 6 IV) STATUTORY REQUIREMENTS .............................................................................. 8

A) Employment Discrimination ........................................................................................ 8 B) Ethics .............................................................................................................................. 9 C) Drug-Free Workplace ................................................................................................... 9 D) Faith-Based Organizations........................................................................................... 9 E) Foreign And Domestic Businesses Authorized to Transact Business in the

Commonwealth ........................................................................................................... 10 V) DISPUTES ................................................................................................................... 10

A) Governing Law ............................................................................................................ 10 B) Hold Harmless ............................................................................................................. 10 C) Conditions Precedent to Pursuit of Legal Remedies ............................................... 11 D) Venue ............................................................................................................................ 12 E) Limitations on Actions ................................................................................................ 12 F) Waiver of Jury Trial ................................................................................................... 12

VI) MISCELLANEOUS ................................................................................................... 12 A) Definitions .................................................................................................................... 12 B) Time of the Essence ..................................................................................................... 13 C) Integration Clause; Modifications to the Contract .................................................. 15 D) Examination of Records ............................................................................................. 16

I) FORMATION

A) Conditions Precedent to Formation:

Before any Contract between the Town and the Contractor is effective, the following conditions precedent must be satisfied. Satisfaction of these conditions is the responsibility of the Contractor. If, after performance under the Contract, the Town learns that a condition precedent was not met, the Town may, if permitted by law, ratify the Contract by affirmative recorded vote or may disclaim it, in its sole discretion.

1) Permits and licenses: Contractor shall obtain all necessary licenses and permits for the dredging.

2) Payment of Debts: Contractor must pay all amounts shown as due to the Town on the Town’s accounts, even if a dispute exists as to the debt’s validity or enforceability.

B) Parties

1) The sole parties to this Contract are the Town of Occoquan and the Contractor.

2) Neither this Contract, nor any part hereof, may be assigned by the Contractor to any other party without the express written permission of the Town in advance. No

3

assignment without such permission will relieve the Contractor of any responsibility under this Contract.

3) There are no intended third party beneficiaries of this Contract.

C) Authority to Execute

By executing this Contract on behalf of Contractor, the Contractor’s Representative warrants that he or she has full authority to do so.

D) Incorporation of Documents

The Contract consists of the following documents, which are hereby incorporated by reference and fully made a part of the Contract. This Contract and the incorporated documents describe the subject of the procurement, the particulars of its performance, the process and time for payment, and the rights and remedies of the parties (collectively, “the terms”). In case of any conflict between those documents’ terms, the documents shall be given precedence in the following order, from highest to lowest:

1) This Contract, including its recitals,

2) The Proposal for Occoquan Dredging Support Services dated August 6, 2019 from GKY & Associates, Inc. to Dan Domenech (hereinafter, “the Dredging Proposal”).

E) Effective Date

The Effective Date of this Contract shall be the last to occur of (1) the date on which the Contractor’s Representative signs the Contract, (2) the date on which the Town Manager signs the Contract, and (3) the date that all conditions precedent to formation are satisfied or expressly waived in writing by the Town.

II) PERFORMANCE

A) Contacts

In addition to the Contract Administrator and the Contractor’s Representative, the parties may designate additional contacts for exchange of information.

B) Acceptance of Work

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Performance of the Work and delivery of all Goods shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when the services are approved as acceptable by the Contract Administrator. In the event of rejection of any deliverable, the Contractor shall be notified and shall have fourteen (14) calendar days from date of issuance of notification to correct the deficiencies and resubmit the deliverable.

C) Warranty

The Contractor warrants that the dredging services to be provided under the Dredging Proposal meet the specifications of this Contract and all requirements imposed by law.

D) Invoices

1) Unless otherwise provided in the Solicitation, Contractor will submit all its invoices for payment in the fiscal year in which the Services were provided or within thirty days thereafter. Late invoices are subject to rejection if no appropriated funds are available for their payment.

2) The invoice must be in the name of the Contractor unless an assignment has been received and approved by the Town.

3) The Town will not be responsible for any cost or expenses of operation of any kind associated with Contractor’s provision of services pursuant to this Contract, except as set out herein. Contractor shall be entitled to no fees, bonuses, contingent payments, or any other amount in connection with the Work to be performed hereunder except as set out herein. The Town shall have no obligation to reimburse, pay directly or otherwise satisfy any taxes or other expenses of the Contractor in connection with the performance of its obligations under this Contract except as stated herein. If Contractor is deemed not to be an independent Contractor by any local, state, or federal governmental agency, Contractor agrees to indemnify and hold harmless the Town for any and all fees, costs, and expenses, including, but not limited to, attorneys fees incurred thereby.

E) Payment

1) The Town shall compensate the Contractor in the amount of Five Thousand Dollars ($5,000.00) within thirty (30) days after receipt of proper invoice for the amount of payment due, if the dredging services under the Dredging Proposal have been fully performed, inspected, and approved by any necessary approval authorities. Unless the Town terminates this Contract for convenience or non-appropriation, the Town will not owe Contractor any amount for partial performance of the Dredging Proposal.

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2) Within seven days after receipt of amounts paid to the Contractor by the Town for satisfactorily completed performance, the Contractor agrees to:

a) Pay the subcontractor for the proportionate share of the total payment received from the Town attributable to the Work performed by the subcontractor under that contract; or

b) Notify the Town and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

If the Contractor after having received payment from the Town fails to pay each subcontractor its proportionate share of the total payment, the Contractor shall be obligated to pay interest to each subcontractor on all amounts that remain unpaid after the seven days following receipt by the Contractor of payment from the Town except for amounts properly withheld as allowed under Section 2)b) above.

3) Unless otherwise provided under the terms of this Contract or by statute, interest shall accrue at a rate of one percent per month against the Contractor on any unpaid amounts owed to each subcontractor.

4) The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

5) A Contractor that is an individual must provide his or her social security number and a Contractor that is any form of business entity must provide its federal employer identification number to the Contract Administrator before payment can be made.

III) TERM AND TERMINATION

A) Base Term and Extensions

1) The base term for this Contract shall be for six months from the Effective Date.

2) This contract may be extended by change order or amendment. The Town may extend the term of this contract for services to allow completion of Work undertaken but not completed under its original term.

B) Termination for Default

1) Either party may terminate this Contract, without further obligation, upon the default of the other party.

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2) With the exception of an emergency endangering life, safety, or the operation of the Town government, a default will only exist after the party claiming a default shall have provided notice and an opportunity to cure the default to the other party as follows:

a) A written 10 day business Notice of Default shall be given setting forth the grounds for default and the steps demanded to cure the default.

b) If the party receiving the Notice of Default fails to cure the default before the end of the 10 business day period then that party shall be in default under the terms of the Contract and the non-defaulting party shall have the right to terminate the Contract by sending a written Notice of Termination to the defaulting party.

3) Any modification to the Dredging Proposal or the scope of the Work without the prior written consent of the Town shall constitute a default by Contractor.

C) Termination for Convenience

1) The Town may terminate this Contract or any portion thereof from time-to-time either in whole or in part, whenever the Contract Administrator, with the concurrence of the Town Manager, determines that such termination is in the best interest of the Town.

2) Termination may occur in whole or as to any discrete part of the Contract. A partial termination shall set forth the portions of the Contract which are terminated.

3) The effective date of the termination shall be three days after issuance of a Notice of Termination signed by the Contract Administrator and Town Manager and its mailing or delivery to the Contractor, or any later date specifically set forth in the Notice of Termination.

D) Termination for Non-Appropriation

1) If funds are not appropriated for purposes of this Contract for any succeeding fiscal year subsequent to the one in which this Contract is entered into, then the Town may terminate this Contract upon thirty (30) days written notice to the Contractor. The notice shall set forth the grounds for termination and its effective date.

2) If the Town terminates for non-appropriation, the Town shall be liable only for a pro rata share of the Work performed through the effective date of termination.

3) Until the effective date of the termination, the Contractor shall continue to perform its duties under the Contract and is not excused from performance related to any portion of the Contract.

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E) Claims Upon Termination

1) Upon receipt of a Notice of Termination, the Contractor shall:

a) Cease any further deliveries or Work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination;

b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e. in the case of partial termination);

c) Terminate all subcontractors except to the extent necessary to complete any portion of the Work which was not subject to the Notice of termination (i.e., in the case of partial termination);

d) Settle on reasonable terms all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator; and

e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause.

2) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision.

a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Town Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on services delivered or completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the goods or services not delivered, or those goods or services not provided. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file.

b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause:

i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of:

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• Cost of the goods delivered or services performed; and

• The reasonable cost of settling and paying any claims as provided above.

ii) The total sum to be paid shall not exceed the Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of goods or services not terminated.

c) If the Contractor is not satisfied with any payments which the Contract Administrator determines to be due under this provision, the Contractor may make a claim in accordance with paragraph V)C)1), Submission of Disputes.

3) The Contractor shall include similar provisions for termination in any subcontractors and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the Town whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

IV) STATUTORY REQUIREMENTS

A) Employment Discrimination

In all contracts, regardless of contract amount, the Contractor will abide by the provisions of the Americans with Disabilities Act, and will require each sub-contractor to do so. If this Contract is for a consideration in excess of Ten Thousand Dollars ($10,000.00), then during the performance of this Contract, the Contractor agrees as follows:

1) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

3) Notices, advertisements, and solicitations placed in accordance with Federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

4) The Contractor will include the provisions of this Contract section in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor.

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B) Ethics

The provisions contained in Chapter 43, Article 6, Sections 2.2-4367 through 2.2-4377 of the Virginia Public Procurement Act, as set forth in the 1950 Code of Virginia, as amended, apply to this contract. The provisions of Article 6 of Chapter 43 supplement, but do not supersede, other provisions of law including, but not limited to, the Virginia Conflict of Interest Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of Title 18.2. The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests Act.

C) Drug-Free Workplace

During the performance of this contract the contractor agrees to:

1) Provide a drug-free workplace for the Contractor’s employees.

2) Post in conspicuous places, available to employees and applicants for employment a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

3) State in all solicitations or advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace.

4) Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00, or so that the provisions will be binding upon each subcontractor.

D) Faith-Based Organizations

The Town of Occoquan in procuring goods and services, or in making disbursements pursuant to this section, shall not discriminate against a faith-based organization on the basis of the organization’s religious character or impose conditions that restrict the religious character of the faith-based organization, except funds provided for expenditure pursuant to contracts with public bodies shall not be spent on religious worship, instruction, or proselytizing, or impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursement.

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E) Foreign And Domestic Businesses Authorized to Transact Business in the Commonwealth

1) A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

2) A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of this contract. Notwithstanding any other provision of this Contract, the Town may void any contract with a business entity if the business entity fails to remain in compliance with this provision.

F) Immigration Reform and Control Act of 1986

The Contractor also affirmatively states that it does not currently and shall not during the performance of this Contract knowingly employ an unauthorized alien as defined by the Federal Immigration Reform and Control Act of 1986.

V) DISPUTES

A) Governing Law

This Contract is governed by the law of the Commonwealth of Virginia, including but not limited to the Virginia Public Procurement Act (VPPA), Sections 2.2-4300 et seq. of the Code of Virginia (1950), as amended but only to the extent that any such law is mandatorily applied to towns with a population of less than 3,500. This Contract is also governed by the applicable Town Policies.

B) Hold Harmless

1) To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Town and its officers, agents, employees, community representatives, volunteers or others working on behalf of the Town from any and all claims, judgments, suits, losses, damages, payments, costs, fines and/or fees levied against the Town and expenses of every nature and description, including attorney’s fees, arising out of, connected or associated with or resulting from the lack of performance or the negligent performance of the Work as described in this Contract, Contract Documents or any agreement that results from this Contract, including any

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liability arising from the design, construction, performance, maintenance or operation of the Work. Further, if the Contractor subcontracts for the Work, it will require in its subcontracts that each subcontractor indemnify, defend, and hold harmless the Town and its officers, agents, employees and community representatives, from any and all claims and losses accruing or resulting from the negligent performance of Work as described in any agreement that results from this Contract.

2) To the fullest extent permitted by law, the Contractor shall also indemnify, defend, and hold harmless the Town and its officers, agents, employees, community representatives, volunteers or others working on behalf of the Town against all costs, including reasonable attorney’s fees, arising from liens encumbering the Town’s Property filed by subcontractors, sub-subcontractors, material suppliers, and all other persons and entities acting for and under the Contractor, and the Contractor shall immediately discharge or bond such liens off.

3) Virginia is a Dillon Rule state. Unless specifically permitted by statute, indemnification or any attempt to have the Town hold others harmless is invalid and unenforceable as an impermissible waiver of the Town’s sovereign immunity which may create potential future debt in violation of Virginia Constitutional and statutory requirements. The Town cannot waive its sovereign immunity.

4) Responsibility for the design, maintenance, performance, operation and existence of the Work lies entirely with the Contractor, and this Contract does not assign any responsibility or liability to the Town in connection therewith.

C) Conditions Precedent to Pursuit of Legal Remedies

Before the Contractor may exercise any legal remedy it may have in relation to rights arising out of this Contract, it must comply fully and strictly with each of the applicable conditions below. Failure to comply fully and strictly with an applicable condition precedent bars the Contractor from exercising any legal remedies it may otherwise have in relation to this Contract unless it complies with the condition precedent or the Town knowingly and intentionally waives the condition precedent.

1) Submission of Disputes: A Contractor must submit any dispute arising out of this Contract to the Town for adjustment. In doing so, it shall provide all relevant evidence that bears on the Town’s liability for the amount claimed or responsibility to grant any non-monetary relief requested. Claims are forever barred unless (a) written notice of the Contractor’s intention to file a claim is given at the time of the occurrence or beginning of the Work upon which the claim is based and (b) the claim and all relevant evidence that bears on the claim is submitted to the Town within 60 days of receipt of final payment.

2) Disputes by the Contractor with respect to this Contract shall be decided within fifteen (15) days from submission by the Town Manager’s designee, who shall reduce his/her decision to writing, and mail or otherwise furnish a copy thereof to the

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Contractor. This decision shall be final and binding unless within five (5) days from the date of such decision the Contractor mails or otherwise furnishes the Town Manager a written appeal. The Town Manager shall consider the appeal and render his or her written decision within seventy (70) days. The decision of the Town Manager shall be final and binding unless set aside by a court of competent jurisdiction as fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or as not supported by any evidence. Pending a final determination of the claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the decision of the Town Manager’s designee or the Town Manager, as the case may be.

3) The Town does not have administrative procedures under Virginia Code § 2.2-4365

D) Venue

Any action brought under this Contract must be brought in the state courts for the Town of Occoquan and may not be removed to the Federal Court system.

E) Limitations on Actions

Any action brought under this Contract, except an action for breach of warranty, shall be brought within the shorter of the statutory limitations period and the period of three years from the date of final payment without any tolling of this statutory limitations period for any reason whatsoever.

F) Waiver of Jury Trial

In any action brought under this Contract, the parties expressly waive their right to trial by jury and agree to submit all questions of fact to the judge as trier of fact.

VI) MISCELLANEOUS

A) Definitions

Capitalized terms that are defined in the VPPA have the same meanings in this Contract as are given there. Capitalized terms not defined in those sources but used in this Contract have the following meanings, unless the context clearly requires otherwise. Undefined terms have their common meanings appropriate to their context.

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1) “Contract Administrator” means the person designated by the Town Manager to administer the Contract for the Town. The initial Contract Administrator is the Town Manager, Kathleen Leidich, but the Town Manager may designate a new Contract Administrator by notice to the Contractor.

2) “Contractor's Representative” means the person who is responsible for the performance obligation of the Contractor under this Contract. The initial Contractor’s Representative is Dan Domenech but the Contractor may designate a new Contractor’s Representative by notice to the Town.

3) “Drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

4) “Notice of Default” means a notice sent to the other party’s designee (Contract Administrator for the Town, Contractor’s Representative for the Contractor) setting forth the facts showing that party to be in default under the Contract.

5) “Notice of Termination” means a notice sent to the other party’s designee (Contract Administrator for the Town, Contractor’s Representative for the Contractor) informing that party of the termination of the Contract as of a particular date.

6) “Solicitation” means the Invitation to Bid, Request for Proposal, or small purchase procedure request for quotes or bids which led to the formation of this Contract.

7) “Town” means the Town of Occoquan, Virginia, the Town Manager, or the Town Manager’s designee assigned responsibility for this Contract.

8) “Work” means the dredging and related services to be performed under the Dredging Proposal.

B) Time of the Essence

Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary.

1) If the Contractor at any time finds that the schedule will not be met for any reason, the Contractor shall immediately provide written notice to the Town setting forth all facts and circumstances related to the delay.

2) Where the Contractor is prevented from completing any part of the Work within the Contract Period due to abnormal weather conditions the Contract Period will be extended in an amount calculated as stated in Paragraph VI)B)5) below if a Claim is made therefor in writing and provided to the Town within the time frame and in the

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manner prescribed and if the performance of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension of the Contract Period under the Contract Documents.

3) Contractor acknowledges and agrees that adjustments in the Contract Period will be permitted for a delay only to the extent such delay (i) is not caused, or could not have been anticipated, by Contractor; (ii) could not be limited or avoided by the Contractor's timely notice to the Town of the delay or reasonable likelihood that a delay will occur; and (iii) is of a duration not less than one day. Such an adjustment of time shall be Contractor’s sole and exclusive remedy for the delays described in this Section.

4) Actual adverse weather delay days must prevent work on critical activities outdoors for fifty percent (50%) or more of Contractor’s scheduled workday in order to be counted. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. Where Contractor is prevented from completing any part of the Work within the Contract Period due to abnormal weather conditions, the Contract Period will be extended in an amount equal to the time lost due to such delay if a Claim is made therefore as provided herein. Abnormal weather conditions occur only if the total number of actual adverse weather days exceeds the standard for that month as shown in the following table:

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec

7 7 8 7 8 7 8 8 6 6 6 6

5) Upon commencement of on-site activities and continuing throughout construction, Contractor shall record daily the occurrence of adverse weather and resultant impact to normally scheduled work and within 30 days of the last day of any month (hereinafter referred to as the “Reporting Month”), Contractor shall submit a written adverse weather report, including copies of Contractor’s daily weather reports and applicable climatological data from the National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location, unless the Town allows, in writing, an additional period of time for the submission of said report. Notwithstanding any other provisions, failure to submit the required written report within the time specified above shall be deemed to be and shall constitute a waiver by Contractor of any and all claims for delay due to adverse weather conditions occurring during said Reporting Month.

6) The Town shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

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7) The Contractor further agrees that the Town will be substantially damaged in amounts that will be difficult or impossible to determine if a delay occurs. Therefore, the parties have agreed on sums which the parties agree are reasonable as liquidated damages for such delay. If Contractor fails to meet the completion deadlines specified in this Contract, as it may be extended under this section of the Contract or as set forth in any agreed written extension, then Contractor shall, in place of actual damages, pay to the Town as fixed, agreed, and liquidated damages, and not as a penalty, for each calendar day of delay the sum of One Hundred and 00/100 Dollars ($100.00). It is further understood and agreed that the payment of the liquidated damages is in lieu of actual damages for such occurrences. Contractor hereby voluntarily and intelligently waives any and all defenses as to the validity of any liquidated damages stated in this Contract as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. Alternatively, in Town’s sole discretion, if performance is so delayed, the Town may terminate this Contract in whole or in part and in that event, the Town shall have no further liability to the Contractor.

8) Contractor shall not be entitled to an adjustment in Contract Price or Contract Period for delays within the control of Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of the Contractor.

9) The Town shall be liable to Contractor for delays only if the Town or its agents or employees causes a delay in performing this Contract through their acts or omissions. In such event, the Town shall, in place of actual damages, pay to the Contractor as fixed, agreed, and liquidated damages, and not as a penalty, for each calendar day of delay the sum of One Hundred and 00/100 Dollars ($100.00), beginning on the date after the Town receives notice from the Contractor of the acts or omissions that Contractor contends caused the delay in performance, which notice shall specify what actions the Contractor reasonably requests the Town undertake to remove the cause of the delay.

C) Integration Clause; Modifications to the Contract

1) This Contract, including its incorporated documents, contains the whole agreement between the parties as to its subject, and no prior or contemporaneous communications, representations, or agreements, written or verbal, may alter, add to, or contradict any provision in it. There are no promises, terms, conditions, or obligations related to the subject of this Contract other than those contained herein.

2) All modifications and changes to the Contract shall be in writing and signed by the party to be charged, or its authorized representative.

3) The Contract Administrator, with the concurrence of the Town Manager, shall have the authority to order changes in this Contract, which affect the cost or time of

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performance. Such changes shall be ordered in writing specifically designated to be a “Change Order.”

a) Such orders shall be limited to reasonable changes in the supplies, services to be performed or the time of performance; provided that the Contractor shall not be excused from performance under the changed Contract by failure to agree to such changes, and it is the express purpose of this provision to permit unilateral changes in the Contract subject to the conditions and limitations herein.

b) Contractor need not perform any work described in any Change Order unless it has received a written certification from the Town that there are funds budgeted and appropriated sufficient to cover the cost of such changes.

c) The Contractor shall make a demand for payment for completed changed work within 30 days of completion of Change Order, unless such time period is extended in writing, or unless the Contract Administrator requires submission of a cost proposal prior to the initiation of any changed work or services.

d) No claim for changes made by Change Order shall be considered if made after final payment in accordance with the Contract.

D) Examination of Records

1) The Contractor agrees that the Town or any duly authorized representative of the Town may have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. This right shall expire on the third anniversary of the issuance of final payment under this Contract.

2) The Contractor further agrees to include in any subcontract for more than $10,000 entered into as a result of this Contract, a provision to the effect that the subcontractor agrees that the Town or any duly authorized representative may have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of such subcontractor involved in transactions related to such subcontract, or this Contract. The term subcontract as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. This right expires on the third anniversary of the issuance of final payment to the subcontractor.

IN TESTIMONY WHEREOF, the Town of Occoquan has caused its name to be hereunto subscribed by __________________, its __________________, pursuant to authority heretofore duly granted by the Town Council of the Town of Occoquan; and

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Contractor has caused its name to be hereunto subscribed by Contractor’s Representative, and (if a Corporation) has caused its corporate seal to be duly affixed and attested by the person authorized to do so, signifying that it intends to be bound by this Contract. TOWN OF OCCOQUAN CONTRACTOR By: By: _______________________________ ________________________________ Authorized Official Contractor’s Representative _________________________________ _________________________________ Print Name and Title Print Name and Title


8. Regular Business Meeting Date: September 3, 2019 8 F: Energy Efficiency Day Proclamation

Explanation and Summary: On October 2, 2019, a nationwide network will promote the benefits of energy efficiency during the fourth annual Energy Efficiency Day campaign. In 2018, more than 50 cities, counties, and states issued official proclamations recognizing October 5, 2018 as Energy Efficiency Day. This year over 260 local government organizations, corporations and utilities are participating in #EEDay2019, recognizing October 2 as Energy Efficiency Day, as supported by the American Council for and Energy-Efficient Economy (ACEE). https://www.energyefficiencyday.org/. Proposed/Suggested Motion: “I move the Town Council adopt the attached Proclamation proclaiming October 2, 2019 as Energy Efficiency Day.” OR Other action Council deems appropriate Attachments (2): 2019 Energy Efficiency Day Proclamation Town of Occoquan Fleet Vehicle Anti-Idling Policy

https://www.energyefficiencyday.org/

Proclamation

WHEREAS, reliable, affordable energy is vital to our economic prosperity, and energy efficiency is the most productive and cost-effective way to meet our energy needs; and implementing clean energy policies and programs helps boost economic opportunities and job creation while continuing to move toward a sustainable future; and

WHEREAS, energy efficiency is the art of getting the same or better performance using

less energy - all while reducing utility bills for residential, business, and industrial customers; and

WHEREAS, cutting energy waste saves U.S. customers billions of dollars on their utility

bills annually, up to $500 per household from appliance efficiency standards alone; and

WHEREAS, more than 2.2 million Americans work in the energy efficiency sector in local, good-paying, clean energy jobs that can’t be outsourced, and increasing efficiency will create more of these jobs; and

WHEREAS, Smarter energy use reduces the amount of electricity necessary to power

our lives, which helps avoid power plant emissions that can harm our health, pollute our air, and warm our climate; and

WHEREAS, a nationwide network of energy efficiency groups and partners has

designated October 2nd as the nation’s fourth annual Energy Efficiency Day; and together the residents of the Town of Occoquan can continue to contribute to sustainability efforts by learning more about energy efficiency and practicing smarter energy use in their daily lives;

NOW, THEREFORE, I, Earnest W. Porta Jr., Mayor of the Town of Occoquan and on behalf of the Occoquan Town Council, hereby proclaim October 2, 2019,

ENERGY EFFICIENCY DAY

In the Town of Occoquan and urge all individuals, groups, and businesses to join the Town in supporting clean energy goals and moving toward more energy efficiency now and in the future. Adopted this 3rd day of September 2019, ________________________________ Earnest W. Porta, Jr., MAYOR On behalf of the Town Council of

Occoquan, Virginia ATTEST: _________________________ Christopher Coon, Town Clerk

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TOWN OF OCCOQUAN FLEET VEHICLE ANTI-IDLING POLICY

I. Overview Light-duty vehicle idling wastes fuel, damages engines, and results in excess greenhouse gas and criteria air pollutant emissions. There is a common misconception that leaving an automobile running when waiting for several minutes is better for cars and light-duty vehicles than simply shutting off the engine. However, an idle car gets zero miles to the gallon and with modern engines, idling an automobile for more than 10 seconds wastes more fuel than simply turning it off and then restarting it.1 Emissions created by idling vehicles contribute toward smog formation, and produces about 19 pounds of carbon dioxide for every gallon of gas consumed.2 Natural Resources Canada found that frequent restarting has little impact on engine components such as the battery and starter motor, and the wear caused by restarting is estimated to add $10 per year to the cost of driving, far less than the cost of wasted fuel.3 In the absence of extreme weather conditions, idling is not an effective way of warming up an automobile engine. Excessive idling results in incomplete combustion, which can damage an automobile by leaving fuel residues that contaminate oil and damage engine components. It can also allow water to condense in the vehicle's exhaust, leading to premature corrosion that can reduce the life of the exhaust system.4

II. Purpose of Policy

This document contains the Town of Occoquan’s Policy relating to the idling of any and all town fleet vehicles. Idling refers to the operating of a motor vehicle or equipment, regardless of fuel type, while that vehicle is stationary.

Effective immediately, it is the policy of the Town of Occoquan that Town fleet vehicles will not be stationary with the engine operating for more than five (5) minutes unless it is essential for performance of work or otherwise specified below. When engines must be left operating, for any reason, the operator will remain with the unit.

This Anti-Idling Policy applies to all Town owned or leased motor vehicles and equipment. It also extends to Town contractors, subcontractors, and vendors doing business with the Town.

The unnecessary idling of gasoline and diesel vehicles and equipment wastes fuel, contributes to air pollution and greenhouse gas emissions, and causes premature engine wear. It is every Town

1 Natural Resources Canada: http://oee.nrcan.gc.ca/communities-government/transportation/municipalcommunities/ articles/idling-myths.cfm?attr=8 2 Hamilton County Ohio Department of Environmental Services: http://www.hcdoes.org/airquality/vehicles/idle.htm 3 Frequent restarting has little impact on engine components like battery and starter motor. Wear caused by restarting is estimated to add $10 per year to the cost of driving, money likely recovered several times over in fuel savings, Natural Resources Canada: http://www.ecy.wa.gov/programs/air/NO_IDLE/Anti_Idle_FactSheet_long.html 4 City of Markham, Ontario: http://www.city.markham.on.ca/markham/channels/newscentre/initiatives/idlefree/textonly.asp?ref=http://www.mar kham.ca/markham/channels/newscentre/initiatives/IdleFree/FAQs.htm

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employee's responsibility to minimize fleet operating costs while reducing harmful effects to the environment. Violators are subject to disciplinary action.

The purposes of this Policy are to:

• Reduce fuel consumption

• Reduce engine wear

• Protect the health of employees and citizens through reduction of harmful vehicle emissions

• Reduce the volume of greenhouse gases attributed to vehicle emission as part of the Town’s commitment to climate protection.

III. Department Affected

All Town Departments and Town contractors, subcontractors and vendors doing business with the Town.

IV. Regulations and Procedures

A. Specific Provisions

1. Heavy Duty Diesel Powered Motor Vehicles

The following provisions shall apply to the operation and start-up of heavy-duty diesel powered motor vehicles. For the purposes of this section, the term "heavy-duty" shall apply to any motor vehicle with a gross vehicle weight of more than 8,500 pounds or with a passenger carrying capacity of more than 12 persons (i.e., passenger transport vehicles)

a. No operator shall permit, cause or allow the engine of a heavy-duty diesel powered motor vehicle to idle prior to or at the conclusion of, any trip or route for any period of time beyond that which is reasonably required to attain, or to secure from, normal operating conditions. The maximum allowable period of idling shall not exceed two (2) consecutive minutes or zero (0) for layovers, except under the following initial start-up conditions:

(i). The engine may be idled for the purpose of start-up for a period of up to five (5) consecutive minutes when the ambient temperature is more than 32°F (0°C), and/or until the air pressure on the vehicle has reached the proper operating PSI.

(ii). The engine may be idled for the purpose of start-up for a period of up to fifteen (15) consecutive minutes when the ambient temperature is less than 32°F (0°C), and/or until the air pressure on the vehicle has reached the proper operating PSI.

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b. No operator shall permit, cause or allow the engine of a heavy-duty diesel powered motor vehicle to be accelerated while idling at any time.

2. Service Delivery Vehicles

All service delivery vehicles shall turn off the engines while making deliveries or pickups.

3. Refueling

Refueling operations shall be conducted with vehicle engines and external equipment shut off. This includes times when portable fuel cans or on-board equipment, such as a generator, is being fueled. Responsibility for shutting down the vehicle lies with the driver/operator.

B. Exceptions

A series of operational exemptions to this policy are listed below: 1. Emergency vehicles and equipment while engaged in operational activities,

responding to emergency situations, or performing an activity directly related to a public safety function.

2. Vehicles that are required to idle in order to operate auxiliary equipment (including

but not limited hydraulic equipment, welding equipment, pumps, compressors, or lights).

3. Vehicles equipped with temperature sensitive equipment.

4. Vehicles that must be kept at an appropriate temperature for the health and safety of

occupants being transported (persons or animals).

5. Vehicles and equipment that are being serviced; times when actual mechanical work is being performed on a vehicle that necessitates the engine needs to idle for a longer period.