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HomeMy Public PortalAbout1982_08_25 MINUTES OF REGULAR MEETING AND JOINT PUBLIC HEARING WITH PLAN- NING COMMISSION ON FLOOD PIAIN REGULATIONS , AUGUST 25, 1982 . 27 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on August 25 , 1982 at 7 : 30 p.m. The meeting was called to order by the Mayor, with the Salute to the Flag led by Mrs. Hill, and followed with the invocation by Mr. Tolbert. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. , and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Assistant to the Manager for Community Development Marc Weiss, Di- rector of Finance Donald O. Taylor, Director of Planning and Zon- ing Robert C. Forbes and Town Attorney George M. Martin. On motion of Mr. Willis, seconded by Mr. Tolbert, the minutes of the regular meeting of June 23, 1982 were adopted, with Mayor Sevila and Mr. Gheen abstaining since they were not present for that meeting. On motion of Mr. Willis , seconded by Mr. Tolbert, the minutes of a special meeting of July 13 , 1982 were unanimously adopted. On motion of Mr. Willis, seconded by Mrs. Hill , the minutes 00 of the regular meeting of July 14 , 1982 were unanimously adopted T as submitted. CD On motion of Mr. Gheen, seconded by Mrs. Hill, the minutes of the regular meeting of July 28 , 1982 were unanimously adopted 03 as submitted. Q REPORT FROM ECONOMIC DEVELOPMENT ADVISORY COMMITTEE : Mayor Sevila recognized Mr. Thomas Nalls, Chairman of the Economic Development Advisory Committee, who presented to Council a first report from that committee. Mr. Nalls said they looked at the objectives and goals of this committee to start off with and proceeded into an educational program led by Mr . Weiss, with 1 sessions being held at 7 : 00 a.m. on Wednesdays . A part of this program was creative and, from this, they have tried to formulate the strategy set forth in the written report. When the process was • finished, it looks like they came out pretty well even, but they got there by somewhat independent thought processes . He asked that councilmembers consider this report - they want to create something that Council will be in harmony with and willing to follow. They will be happy to meet as a body or individually and talk about it in more detail . It is conceptual in some regards but it isvery speci- fic in others . They would like to work with Council when they are ready. Members of this committee are : Charles A. Bos, Joby Rey- nolds, Joe Trocino, Bruce Roberts , Jim Pumphrey, Dick Richards, Charles Hope, Marc Weiss and himself . Mr . Bos said this has been a hard working committee and a lot of thought and work has gone into this report. He urged all council- members to read this report and, if there are any ideas they have to support these ideas or conflict with them, get in touch with him or some other committee member . He would like to see Council support this committee with as much enthusiasm as they can. Mayor Sevila said Council will need some time to read and con- sider this report. Council will probably have members of this com- mittee come back to a later meeting and discuss it in greater de- tail . JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON FLOOD PLAIN REGU- LATIONS . Mayor Sevila asked Mr. Leach, Chairman of the Planning Commis- sion, to identify members of the Commission in attendance. Mr. Leach said Mr . Webb, Mrs . Curry, Mr . Jackson and Mrs . Hill are in attendance - they do have a quorum. Mayor Sevila said that, for purposes of the staff presentation, Council will consider both Items 1 and 2 of the agenda. Item 1 is the proposed amendment to the Leesburg Zoning Ordinance relating to Flood Plain Regulations and the Zoning Map F-1 District boundaries; MINUTES OF AUGUST 25 , 1982 . 28 Item 2 is the proposed amendment to the Leesburg Subdivision and Land Development Regulations regarding the same. Mr. Weiss reported that Item No. 1 amends the Zoning Ordinance and Map - it amends the existing flood plain regulations, Article 7-A, to bring them into conformance with requirements of the Federal Emer- gency Management Agency. This is necessary in order to maintain Leesburg ' s participation in the flood insurance program. These changes are not all that different from the existing ordinance - there is some different language and some different organization. The Federal Emergency Management Agency is going to require that they review what is adopted by the Council and approve the ordi- nance as adopted prior to allowing us to continue in the program. They have already seen two drafts of it and have agreed, in prin- ciple, to the draft before Council tonight. This also is a change in the flood map - the change is more"fine tuning"than a major change. The old flood plain district boundaries were shown on a map prepared by the Soil Conservation Service in 1974 - the new bounda- ries are those shown on a survey done by the U. S. Geological Sur- vey for the Federal Emergency Management Agency dated March 30, 1982 . It is obviously more current information than was available in 1974 . The second item amends the Subdivision and Land Development Regu- lations. FEMA has sent us a set of requirements and said we have to adopt requirements similar to this to continue participating in the flood insurance program. We had to decide where they would be most appropriately located - the bulk of them are in the Zoning Ordinance revisions . However , some of the requirements they wanted us to in- corporate were more appropriately addressed in the Subdivision Regu- lations - this is specifically under the utility installations. They wanted to make sure that all utilities that are installed in the flood plain or flood hazard areas will be installed to certain stand- ards - this is something we cover more properly in the Subdivision Regulations . Basically, there is some change in storm drainage, erosion and sedimentation control - it says that buildings within the subdivision development shall not be located within the flood zone, except as provided in the zoning regulations . It takes out some other language where the two ordinances conflicted slightly. The Subdivision Ordinance used the 25-year flood probability, where- as -the FEMA map and ordinance are based on a 100-year flood proba- bility. Mr. Bos asked if there are any substantial changes in the bound- ary that would affect acreage that the property owners are not yet aware of? Mr. Weiss exhibited a map and pointed out the changes to be considered. Substantially it is the same, but there are some changes here and there - in some areas, the flood plain has been re- duced by channel improvements the town has made, particularly along the Town Branch. It is a little different in other areas , but basi- cally it is the same. West of Dry Mill is not included in the flood plain district - it is designated as a 500-year flood occurence. The flood plain district covers only the area in the 100-year flood plain - it also covers a small section along Dry Mill Branch not previously covered. Several councilmembers said that Dry Mill flooded this year. Mr. Weiss said this is based on the 100-year flood plain - it was in the old ordinance and is in the new one as well . Mr. Gheen asked how they arrived at the revised flood zone? Mr. Weiss said the USGS arrived at this - the 100-year flood means that in any year there is a one in 100 chance that it will flood to that occurrence - this means it could happen three years in a row, or not for 500 years . Actually, it is just a percentage chance. There were probably incidences to a lesser degree. Mayor Sevila said it was done scientifically then rather than arbitrarily. Mr . Weiss said that, as the watershed develops, there is more run-off. The first study was done in 1974 and this one in 1982 - there has been a lot of development in Leesburg in that length of time. He explained that they are asking that these ordinances be approved to- night - these amendments have to be approved by the Federal Emer- gency Management Agency on or before noon on September 30th. If we don ' t do this, residents of Leesburg will not be able to partici- pate in the flood insurance program. MINUTES OF AUGUST 25, 1982 MEETING. Mayor Sevila asked for questions or comments from the public,29 however, there were none. He, therefore, declared the hearing closed and asked Planning Commission members to convene upstairs to consider these proposed amendments and report back to Council. MAYOR' S REPORT: Mayor Sevila reported that Councilmembers Tolbert, Bos, Willis and he, along with Mr. Niccolls and Mr. Minor, will be attending the Virginia Municipal League annual conference from Monday, September 20 until Wednesday, September 22 . There is an item under New Business tonight to select a delegate and an alternate to that meeting. They have a good strong delegation going and he hopes they can accomplish some things. Mayor Sevila read into the record a letter from Carl Gregg , Chairman of the Airport Commission, dated August 23rd with regard to good things happening at the Airport. Mr. Gregg said the Com- mission has been able to keep on top of these changes because of the splendid cooperation given them by the Council . Mayor Sevila thanked Mr. Gregg for his kind comments to councilmembers and staff members who have worked with the Commission. This letter will be 00 placed in the record of this meeting. OMayor Sevila reported that the negotiating teams from the County m and the Town continue to meet on the annexation issues and feel they are making genuine progress toward an amicable resolution of the mul- m titude of issues that are associated with a very complex annexation. Q They will have a more detailed joint press release, probably by Tues- day of next week. COUNCILMEMBERS ' COMMENTS : Mr . Bos thanked council and the staff for their cooperation on the summer concert series - he felt it went over fairly well . Peter Dunning will be at the next council meeting to account for the final funding, budgeting, etc . Mr. Bos asked Mr. Niccolls to obtain some additional copies of Virginia Town and City magazine for this month for the Economic De- velopment Committee. Mr. Gheen said he missed August Court Days, but he has received comments that it was very successful, a large crowd and they were well pleased with it . MANAGER' S REPORT: (1) Mr. Niccolls reported that Larry Taylor has been appointed Superintendent of Water Production Facilities . He has been working for Betz-Converse-Murdoch, the engineering firm that designed and supervised construction of the water plant, and has been resident project inspector on the plant. There is no-one who knows more of the intricacies, details and functions of the plant than he does . He chose to leave BCM for several reasons, including the fact that his job as a resident inspector for them entails a lot of out-of- town travel . He wants to be close to home . We feel we have a fine superintendent coming to start up the plant. He will be a real as- set to the Utility Plants Department. Also, Michael Berry, a gradu- ate of Eastern Kentucky University, has been selected for the labora- tory technician at the plant. He is exceptionally well qualified - this shows the problems these young people have in getting jobs in the private sector . Ordinarily, we would not be able to recruit and retain someone with this level of training. We would not expect to keep this kind of person through their entire career, but it will be a good start on the plant and he will be able to set up a high quality laboratory procedure and assure the safety and purity of the water being delivered from the plant. (2) The light metering tonight is an experiment being used in cooperation with the cable company. Mr. Richard Antisdel of Theater Service and Supply is in charge. We are considering the lighting problems for cablecasting the council meetings . MINUTES OF AUGUST 25, 1982 MEETING. 30 (3) We are still in communication with FAA on a flight ser- vice station. We don ' t know the status of their decisions on Lees- burg ' s application. (4) The work special counsel has been doing in preparing a draft electric company franchise has gotten to the stage where we actually have a draft franchise in hand. We will be getting this and the issues to Council shortly. (5) Marc Weiss has been given the challenge of putting together the town ' s first Comprehensive Capital Improvement Plan. This plan will consolidate numerous existing plans and policies with regard to construction of capital facilities in Leesburg. We already have pretty detailed plans on utility facilities and some ideas on streets but this will be a document submitted to Council for review and then incorporation as an amendment each year as the budget process goes along. This is something the town has been lacking and it is timely to have this completed. (6) The exit taxi-way project at the airport, which improves the safety of exiting from the runways, has been completed. (7) Most of the work on King Street has been completed. We are waiting for the final topping, which will be applied in September. Street crews are also repairing and pre-patching areas around town that are failures in those streets that are to be overlaid. The crews might pass up other streets that need repairing, but they are trying to get all this work done on those streets selected by the council for asphaltic overlay this year. (8) We are hoping to have water flowing through the Potomac River plant on October 1 - 365 days late. (9) The Towns of both Lovettsville and Hamilton have both taken advantage of our invitation to perform sewer system cleaning by using our vactor-type sewer cleaning machine - we do this at a cost charge and it is helpful for those smaller communities. Mr. Bos asked how the problems are coming along for final com- pletion of the water plant in terms of resolving contractor problems, etc . ? Mr . Niccolls said he had a meeting with Mr. Neeson today and discussed this briefly. No-one is concerned that the quality of the work is not to specification - he, in fact, said it is nice to have been able to finish the plant out sticking to specifications, rather than becoming impatient and accepting work that might have been rushed or not quite as satisfactory. Even though a year has passed, we have not had a serious water shortage. As a result, the plant will be completed to specification, which is very important. The conflicts with the contractor are serious and ongoing and are subject to one lawsuit, with probably another aspect to be added pertaining to the "special coatings" . These were specified and required on the filters so that the highly chlorinated water would not deteriorate the side walls of the filter tanks - they were a two-part epoxy system, which should be applied carefully. So there is a potentially serious and expensive dispute on that aspect. Other than that, with the concrete problem and the special coatings problems, everything else should be resolved without litigation. Mayor Sevila said he has been receiving copies of letters from Mr. Frank Wolf and it appears he has been working pretty energeti- cally on this flight service station project. He asked that Council be brought up-to-date as to what we are trying to secure. Mr. Minor said the town submitted a bid and one of our great concerns was that we would expend a large sum of money to produce architectural draw- ings and a site plan, with a very real possibility that our bid would not be successful. We took a gamble in submitting a bid to FAA that did not fully respond to their solicitation offer because we did not have some of the detailed drawings they requested. A- nother problem encountered was that, in their exhausitve conversa- tions with FAA contracting officials, they gleaned from them that they_ were looking for the low market bid. The first low bid would be cheaper than the true cost of the debt service, maintenance, etc . They (FAA) thought our chances with a market-type bid were not very good at all . We still submitted a bid by the July 15 deadline. MINUTES OF AUGUST 25 , 1982 MEETING. Mr. Wolf has written at least four letters prior to and after ap- 31 plication. They are accepting our application and asking for ad- ditional information about our bid. It has been about nine days and no report. This project covers a three-state region. Outside of Leesburg, there is a flight service station - the largest in the three-state region. They are attempting to automate and regionalize these service stations to save money. Originally, they had a sole source arrangement with the City of Manassas, but Manassas is not responding to their need. Therefore, they decided to select a small number of applicants (three or four) to submit bids - at this time, Leesburg and a couple of other communities in the region dis- covered this. With the assistance of Congressman Wolf and others, they opened up the process and made it fully competitive - a to- tally revamped process. Mr. Niccolls said we have competition for the location of a Federal facility employing 50 initially and ulti- mately 100 persons . The flight service station is distinct from the air traffic control center, but it is associated. Mr . Minor said it is just used by general aviation - that ' s why they want it to be located at an airport that serves general aviation traffic. 82-0-29 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE AND THE ZONINGDISTRICT MAP . 00 Mrs . Hill reported that the Planning Commission met and unani- o mously recommended this amendment to the Leesburg Zoning Ordinance m and the Zoning District Map. m On motion of Mrs. Hill , seconded by Mr. Tolbert, the following Q ordinance was proposed and unanimously adopted: WHEREAS , on July 28 , 1982 amendments to the Leesburg zoning ordinance and zoning map regarding flood plain regulations were initiated; and WHEREAS, on August 25, 1982 , the Planning Commission recom- mended these amendments to Council; and WHEREAS, on August 25, 1982 Council held a public hearing at which time interested persons were given an opportunity to express their views : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Delete existing Article 7-A "F-1" flood zone district use regulations and add new Article 7-A "F-1" flood plain district regulations to read as follows : 7-A-1 DISTRICT PROVISIONS All uses, activities and development occurring within any flood plain district shall be undertaken only upon the is- suance of a zoning permit. Such development shall be under- taken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances including the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the Zoning Adminis- trator shall require all applications to include compliance with all applicable State and Federal laws . I/ Under no circumstances shall any use, activity and/or de- velopment adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. Approval shall be obtained from the State Water Control Board prior to any proposed alteration or relocation of any channels , watercourse or stream within the town. Noti- fication of any such proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to the State Water Control Board, the State Department of Intergovernmental Affairs and the Federal In- surance Administration. MINUTES OF AUGUST 25, 1982 MEETING. 32 7-A-2 PERMITTED USES No development shall be permitted in the Flood Plain Dis- trict except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities. The placement of any mobile home within the Flood Plain Dis- trict, except in an existing mobile home park or subdivi- sion, is prohibited. The following uses are permitted in the F-1 Flood Plain District provided that they are not prohibited by any other applicable ordinance and provided that they do not require structures, fill or storage of materials and equip- ment: (a) Agricultural uses such as general farming, pasturing, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvest- ing. (b) Public and private recreational uses and activities such as parks , day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horse- back riding trails, wildlife and nature preserves, game farms, fish hatcheries and fishing areas . (c) Accessory residential uses such as gardens, play areas, and pervious loading areas. (d) Accessory industrial and commercial uses such as per- vious parking and loading areas. 7-A-3 CONDITIONAL USES WHEN AUTHORIZED AS A SPECIAL EXCEPTION BY THE BOARD OF ZONING APPEALS . The following uses are conditionally permitted in the F-1 Flood Plain District when authorized as a special excep- tion by the Board of Zoning Appeals provided that they are not prohibited by this or any other ordinance. (a) Structures, except for mobile homes, accessory to the uses and activities in Section 7-A-2 . (b) Utilities and public facilities and improvements such as streets, bridges, transmission lines, pipe lines and other similar uses . (c) Temporary uses such as circuses, carnivals and similar activities . (d) Storage of materials and equipment provided that they are not bouyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to pre- vent flotation or movement, and/or can be readily re- moved from the area within the time available after flood warning. (e) Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the flood-proof- ing provisions contained in all other applicable codes and ordinances . 7-A-4 CONDITIONAL USES AND VARIANCES--ADDITIONAL FACTORS TO BE SATISFIED In passing upon applications for Conditional Uses and Var- iances, the Board of Zoning Appeals shall satisfy all rele- vant factors and procedures specified in other sections of the Zoning Ordinance and the following factors : MINUTES OF AUGUST 25, 1982 MEETING . 33 (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. No con- ditional use or variance shall be granted for any pro- posed use, development or activity within the Flood Plain District that will cause any increase in flood levels during the one hundred (100) year flood. (b) The danger that materials may be swept on to other lands or downstream to the injury of others. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, con- tamination and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such dam- age on the individual owners . (e) The importance of the services provided to the commu- nity by the proposed facility. (f) The requirements of the facility for a waterfront lo- OD cation. t CD (g) The availability of alternative locations for the pro- m posed use not subject to flooding. m (h) The compatibility of the proposed use with existing de- Q velopment and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j ) The safety of access to the property for ordinary and emergency vehicles in time of flood. (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (k) Such other factors which are relevant to the purposes of this ordinance. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a conditional use or variance to any engineer or other quali- fied person or agency for technical assistance in evaluating the proposed project in relation to flood heights and veloci- ties, and the adequacy of the plans for protection and other related matters. Conditional uses and/or variances shall only be issued after the Board has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extra- ordinary public expense, (d) nuisances, (e) fraud or victi- mization of the public , or (f) conflict with local laws or ordinances. Conditional uses and/or variances shall only be issued after the Board has determined that the conditional use and/or variance will be the minimum reliefs to any hardship. The Board shall notify the applicant for a conditional use and/or variance, in writing, that the issuance of a condi- tional use and/or variance to construct a structure below the one hundred (100) year flood elevation (a) increases risks to life and property, and (b) will result in increased premium rates for flood insurance. MINUTES OF AUGUST 25, 1982 MEETING. 34 A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the Federal Insur- ance Administrator. 7-A-5 EXISTING STRUCTURES IN FLOOD PLAIN DISTRICTS A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions : (a) Existing structures and/or uses located in the Flood Plain District shall not be expanded or enlarged (un- less the effect of the proposed expansion or enlarge- ment on flood heights is fully offset by accompanying improvements) . (b) Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any flood plain district to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or flood-proofed. (c) Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use in a flood plain district to an extent of amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provi- sions of the Virginia Uniform Statewide Building Code. 7-A-6 DELINEATION OF F-1 FLOOD PLAIN DISTRICT The provisions of this Article shall apply to land in the town shown within the F-1 Flood Plain District on the Zoning Map. The district shall include all the land area within the, town which is within the 100-year flood plain for the Town Branch, Dry Mill Branch and Tuscarora Creek as identified in the U. S . Geological Survey for the Federal Emergency Management Agency, dated March 30 , 1982 , together with the accompanying map titled "Floodway-Floddway Boundary and Floodway Map. " 7-A-7 FLOOD PLAIN DISTRICT BOUNDARY CHANGES The Flood Plain District may be revised in accordance with the provisions of Article 11 where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U. S . Army Corps of Engineers or other qualified agency or individual document the advisability of such change. However, approval must be obtained from the Federal Insurance Administration prior to any such change. SECTION II . Article 15 Definitions is amended to add Sec- tion 15-1-17 . 1 Development, Section 15-1-30. 2 Flood, Section 15-1-30 . 3 Flood Plain, Section 15-1-48 . 2 Mobile Home Park or Subdivision (existing) and Section 15-1-51. 1 One Hundred Year Flood, to read as follows : 15-1-17 . 1 Development. Any man-made change to improved or unim- proved real estate including but not limited to build- ings or other structures, the placement of mobile homes, streets and other paving utilities, filling, grading, excavation, mining, dredging or drilling operations. 15-1-30. 2 Flood. A general and temporary inundation of normally dry land areas . 15-1-30 . 3 Flood Plain. (1) A relatively flat or low land area ad- joining a river, stream or watercourse which is subject to partial or complete inundation; (2) An area subject to the unusual and rapid accumulation or runoff of sur- face waters from any source. 1 MINUTES OF AUGUST 25, 1982 MEETING. 15-1-48 . 2 Mobile Home Park or Subdivision (existing) . A parcel 35 or contiguous parcels of land divided into two or more lots for rent or sale for which the construction of fa- cilities for servicing the lot in which the mobile home is to be located (including, at a minimum, the installa- tion of utilities, either final site grading or the pour- ing of concrete pads , and the construction of streets) is completed before the effective date of this amendment. 15-1-51. 1 One Hundred Year Flood. A flood that on the average is likely to occur once every one-hundred years (that has a one percent chance of occurring each year) although the flood may occur in any year. SECTION III . The Leesburg zoning district map is amended to revise the F-1 Flood Plain District as follows : The F-1 Flood Plain District shall include all the land area within the town which is within the One Hundred-Year Flood Plain for the Town Branch, Dry Mill Branch and Tuscarora Creek as identified in the Flood Insurance Study for the Town of Leesburg prepared by the U. S . Geological Survey for OD the Federal Emergency Management Agency, dated March 30, 1982 , NT and shown on a map titled "Floodway - Floodway Boundary and Floodway Map. " 0 m SECTION IV. This ordinance shall be in effect upon its pas- OD sage. Aye : Councilmembers Bos , Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None . 82-0-30 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS . Mrs. Hill reported that the Planning Commission met and unani- mously recommended this amendment to the Subdivision and Land De- velopment Regulations. On motion of Mr. Willis , seconded by Mrs. Hill , the following ordinance was proposed : WHEREAS , on July 28 , 1982 amendments to the Leesburg Subdivi- sion and Land Development Regulations regarding Flood Plain Utility and Public Improvement Installations were initiated; and WHEREAS, on August 25, 1982 the Planning Commission recommended these amendments to Council ; and WHEREAS, on August 25, 1982 Council held a public hearing at which time interested persons were given an opportunity to ex- press their views : THEREFORE, RESOLVED by Council of the Town of Leesburg in Vir- ginia as follows : SECTION I . Section 13-77 : 1 Flood Plain Utility Installations is added as follows : Sec . 13-77 : 1 . Flood Plain Utility Installations . (a) All utilities such as gas lines, electrical, tele- phone and cable TV systems being placed in flood-prone areas should be installed to minimize the chance of impairment of both facilities and the flood zone during a flooding occurence. (b) All water and sewer facilities (public and private) are to be designed and constructed to prevent infiltration of flood waters and exfiltration of potable water and sewage. (c) All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons MINUTES OF AUGUST 25 , 1982 MEETING. 36 or property. The system shall provide drainage away from buildings and on-site waste disposal sites. The town may require a primarily underground system to accommodate fre- quent floods and a secondary surface system to accommodate larger, less frequent floods . The facilities shall be de- signed to prevent the discharge of excess runoff onto adja- cent properties . (d) Streets and sidewalks should be designed to mini- mize their potential for increasing and aggravating the levels of flood flow. Drainage structures shall be required to sufficiently discharge flood flows without unduly increas- ing flood heights. SECTION II . Section 13-82 Storm Drainage; erosion and sedi- mentation control; flood zone management and control is re- vised as follows : Sec. 13-82 . Storm drainage; erosion and sedimentation control; flood zone management and control . (c) Buildings within subdivisions and developments shall not be located within flood zones except as provided for in the Zoning Regulations. SECTION III . This ordinance shall be in effect upon its pas- sage. Mr. Bos asked if these procedures are being followed by builders now? Mr. Niccolls said they are. The ordinance was unanimously adopted : Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila . Nay: None. 82-0-31 - ORDINANCE - AMENDING SECTION 19-45 OF THE TOWN CODE . On motion of Mr. Willis, seconded by Mr. Bos, the following ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Section 19-45 of the Town Code is amended to read as follows : Sec . 19-45 . Rates established. The charge for use of water from the townwater system shall be based on quarterly meter readings taken to the near- est 1, 000 gallons at the following rates : (1) For premises inside the town, the rate shall be $1 . 50 per quarter plus $1 . 28 per 1 , 000 gallons. (2) For premises outside the town, the rate shall be $1. 50 per quarter plus $1 . 77 per 1 , 000 gallons . SECTION II . This ordinance shall be effective for charges after the fourth quarter 1982 billing. Mr. Niccolls said this ordinance reflects decisions made as a part of the 1983 budget. When reviewing the budget in the spring, coun- cilmembers saw calculations and projections made by Mr . Taylor that the Utility Fund ending balance in 1984 would decline to something below half a million dollars . Concern was expressed regarding' .this- and , during the budget workshops, questions were asked and informa- tion prepared showing that a utility rate increase of around $1. 00 per thousand gallons would be required to balance the books on an income basis. Leesburg does not face a financial crisis with its utility system in any stretch of the imagination. We can look for- ward, however, to a period of declining cash reserves, working capi- tal and ending balances which, without changes in the overall econo- my, will ultimately lead to an unacceptable level of working capi- tal sometime in the FY 1985 . We started fiscal year 1982 with al- MINUTES OF AUGUST 25, 1982 MEETING. 37 most $1 . 2 million dollars in working capital . Mr. Taylor estimates we will earn nearly $200 , 000 in interest on these funds. Our ser- vice charge revenue is only five times that interest earning, so our working capital was being used for two purposes - to provide funds for capital outlays that have been programmed, including the water plant and other improvements to the water system but, in ad- dition, it has been used as working capital to generate earnings. The projection for 1983 shows a decline in the ending balance to about $650 , 000 (down from $1 . 2 million) . In 1984 , they can see $400, 000 to 450 , 000 in working capital , and the following year it could be near?o° as much as $100 , 000 either way. In making these calculations, Mr . Taylor has projected revenue rates based on new construction, on which we are heavily dependent to pay for debt ser- vice obligations of the utility systems . The rate study done by Mu- nicipal Advisors in 1978 or 1979 projected that we would have reve- nues from availability fees of about $780 , 000 per year for fiscal years 1980 through 1985 . This has not transpired because of the slow-down in the housing market. For these purposes , we have made much lower projections - 70 in 1983 , 100 in 1984 and 120 in 1985 . After looking at these facts, conditions and projections during the budget deliberations, Council decided to approve a three-year rate increase, leading to an utlimate increase of $1 . 00 per thousand over 00 the then current rate of $2 . 88 per thousand. For the first year, T Council ordered an additional 30-cent per thousand service charge O for water (this is where our new expenses are occurring this fiscal m year) , effective January 1, 1983 . This was advertised and explained in the budget advertisement. Our last increase was in 1978 - the m first increase in 10 years. While these rates are not the lowest, Q nor the highest, in the area, they are certainly stable. This is the background for the utility rate increase on the agenda tonight. Mayor Sevila understood that the rate study in 1979 was based on an anticipated $780, 000 in availability fees per year on 193 units per year - is this correct? Mr. Niccolls said it is . Mr. Bos said it is closer to $300 , 000 per year. Mayor Sevila asked if this study anticipated a rate increase of this magnitude? Mr. Niccolls said this study showed that a rate increase was not necessary through the five-year period. Mayor Sevila asked if it would be appropriate for Council to consider a rate reduction in the event they returned to the contemplated availability fees? Mr. Niccolls said this would be with pleasure - he hoped we will see a return to reasonable levels of new connections as was the case through the 1970 ' s - during that time, an average of 200 new dwelling units per year were constructed over the 10-year period. Leesburg can survive that kind of growth and could meet its financial obligations without this rate increase. Mayor Sevila asked how we compare with other jurisdictions? Mr . Niccolls said we are near the top of the bunch - Manassas is higher, Herndon is higher - we are third or fourth in the area and are not that far from the Sanitation Authority in annual charges (we are within five percent) . Mr . Bos said he will support this increase because he feels it is necessary, even though he hates to do something that will dis- courage growth or new people from moving to Leesburg. Every time you raise utility or connection fees , there is an indirect way this affects newcomers from moving into the area. We have lowered availa- bility fees for commercial , which we thought was a good move. This rate increase is necessary and he would rather do it incrementally over three years rather than a large amount all at once. The ordinance was adopted by a vote of 5 to one abstention (Mr. Gheen said he was not a participant during the discussions on the budget - however, he feels the increase is needed) : Aye: Councilmembers Bos, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Abstention: Councilmember Gheen. 82-0-32 - AMENDING SECTION 10-41 AND 10-42 OF THE TOWN CODE. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following ordinance was proposed: MINUTES OF AUGUST 25, 1982 MEETING. 38 ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Sections 10-41 and 10-42 of the Town Code are amended to read as follows : i Sec . 10-41 . Amount of fee, where fee paid and license pur- chased. The amount of the license fee imposed by this article shall be $20 . 00 for automobiles and trucks and $15. 00 for motorcycles. The license fee shall be paid to and the li- cense purchased from the office of the Director of Finance. Sec. 10-42 . Proration of fee. In the event that any person makes application for a motor vehicle license under the provision of this article after the 15th day of October but before the 1st day of January the license fee shall be one half the initial fee. Application for a motor vehicle license after the 1st day of January of the license year shall be one fourth of the initial fee. SECTION II . This ordinance shall be effective on and after September 1, 1982 . Mr . Niccolls explained that, while this appears to be a rate in- crease, the action of the town Council has nothing to do with the fact that local automobile licenses in Loudoun County and its in- corporated towns are going from $15. 00 to $20. 00 regardless of what the town does. The town, by adopting this, imposes a tax of $20 . 00 for Leesburg residents . If you fail to do this, they will continue to pay the $15 . 00 to Leesburg, but would be obli- gated under State law to pay $5 . 00 to Loudoun County simply be- cause the County has imposed the $20 . 00 level . Under this strange provision, a County has the authority to collect it from town resi- dents if the towns fail to do so. We are, in fact, taking "a coattail ride" on a tax increase imposed by the Board of Super- visors. It has no effect on the motor vehicle owner - he is going to pay $20. 00 . Mr. Tolbert said permission to do this was passed by the General Assembly. The ordinance was unanimously adopted : Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila . Nay: None . On motion of Mrs . Hill, seconded by Mr. Gheen, it was proposed that Agenda Items 5 and 6 concerning pipestem lots be referred back to committee for further consideration and possible report at the next session. Mrs . Hill said there were some concerns about the wording - they don ' t feel it is ready to set a public hearing. These resolutions were drafted by the staff and were considered by the Finance and Administration Committee last week, but there was not a full committee present at the meeting. These resolutions were unanimously referred back to committee for report as soon as possible thereafter : Aye: Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None. 82-107 - RESOLUTION - AUTHORIZING AN AGREEMENT WITHTHEDEPARTMENT OF HIGHWAYS AND TRANSPORTATION CONCERNING THE IMPROVEMENT OF EAST MARKET STREET. On motion of Mr. Willis, seconded by Mrs. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall execute an agreement on behalf of the town with the Virginia Department of Highways and Transportation MINUTES OF AUGUST 25, 1982 MEETING. 39 concerning the improvement of 0 . 676 miles of Market Street from Catoctin Circle to the east corporate limits . The agree- ment shall approve plans for the project and request the de- partment to submit the project for approvalby the Highway and Transportation Commission and further shall guarantee that if the project is approved and constructed Leesburg, thereafter , at its own expense will maintain the project in a manner satisfactory to the department. The agreement will further provide for Leesburg to participate in the actual costs of the project as set out in the agreement. I/ Mr. Bos asked about the construction schedule. Mr . Niccolls said there will probably be pre-construction meetings this fall, but he is not sure work will start this fall . It probably will though and it will take something less than a year for completion. This con- tract obligates the town to pay roughly an additional $50 , 000 for our share of the project cost. These funds are budgeted in the cur- 1 rent year . Perry is _the apparent low bidder. This resolution au- thorizes the execution of the agreement included in council packets last week. It is the standard agreement between a municipality and the Highway Department for highway improvements . The total cost for this project is $66 , 510, some of which has already been paid. 00 The resolution was unanimously adopted : O Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and m Mayor Sevila. m Nay: None. Q 82-108 - RESOLUTION - SUPPORTING VIRGINIA STATE WATER CONTROL BOARD CONSTRUCTION GRANT PRIORITY LIST FOR STEP III FUNDS FOR WASTEWATER TREATMENT IMPROVEMENTS AND EXPANSION. On motion of Mr. Willis, seconded by Mr. Gheen, the following resolution was proposed: WHEREAS, the Town of Leesburg Wastewater Management Facility Plan was approved by the State Water Control Board in 1981; and • WHEREAS , Leesburg ' s Step II grant for design of wastewater treatment improvements and expansion was approved in 1982 ; and WHEREAS , plans and specifications for wastewater treatment improvements and expansion will be completed before June 1, 1983; and WHEREAS , Leesburg was ranked fifth on the fiscal year 1983 construction grants priority list by the Virginia State Water Control Board for Step III construction; and public hearing to be held on August 31, 1982 : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The proposed fiscal year 1983 construction grant priority list published for comment by the Virginia State Water Con- trol Board is supported by the Town of Leesburg provided Leesburg retains its position for Step III funds in fiscal year 1983 . A copy of this resolution shall be submitted to the State Water Control Board for its August 31, 1982 public hearing . • Mayor Sevila said he and Mr. Niccolls will travel to Richmond on August 31st to present the town ' s views with respect to adoption of the priority list. Mr. Bos asked how the design phase is coming along? Mr. Niccolls said it is coming along very well - they are about 15 to 20 percent complete. They are making a number of very important design choices on the unit processes to be used and bal- ancing the initial capital outlays with future operating expenses. As in most any piece of machinery, you can increase the capital cost and perhaps reduce operating outlays in the future. There are a MINUTES OF AUGUST 25, 1982 MEETING. 40 number of conferences going on between BCM, the Virginia Health Department and the State Water Control Board engineers. This is one of the reasons he met with Mr . Neeson today. He has asked Randy Shoemaker and Andy Shope to work closely with the engineers and make certain the town ' s true interests are represented in the final designs. The resolution was unanimously adopted: Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-109 - RESOLUTION - AUTHORIZING PURCHASE OF A PRESSURE WASHING MACHINE. On motion of Mr. Bos, seconded by Mrs . Hill, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . The manager shall enter into an agreement with Highway and Industrial Equipment Company, Inc . , 1320 Engle- side Road, Norfolk, Virginia 23502 for the purchase of one Warwick Model No. 22 , 000 SA/3 hot or cold water pressure washer at a price not to exceed $4900 . SECTION II . A $4900 appropriation is made from the Utility Fund to Account No. 5300. 710, Water Pollution Control Equip- ment. Mr. Niccolls explained that this is a substitute capital outlay for equipment suggested at budget time by the Director of Utility Plants. At that time, he anticipated having to drain, clean and recoat the inside of the sludge digesters (we had experienced a pollution prob- lem from an oil spill) . However, we did not have to do that so, instead, he has proposed as a higher priority expenditure the re- coating of the chlorine contact tanks and doing this work with our own forces. To do this, they need high pressure cleaning machinery which has a multiple use and a long-term benefit to several de- partments in the town (we can use it on the street sweeper, on the vactor and other equipment needing such cleaning) . He recommended this substitute purchase - it is not an increase in the total outlay for the department. Mr. Bos said this is a tremendously effective machine insofar as cleaning and removing layers of grime, grease, etc. Mr . Niccolls said this is electrically operated and takes a 220 volt circuit. As an example, when the Big Wheels sludge application ma- chine operates in farm fields, it gets coated with mud and has to be cleaned daily, which is an arduous chore. The first application of this will be on the chlorine contact tanks - the money is in the budget for this year. The resolution was unanimously adopted : Aye: Councilmembers Bos , Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-110 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR 1982 . On motion of Mr. Bos , seconded by Mr . Tolbert, the following resolution was proposed : RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . Appropriations are made from the General Fund to the following accounts for the fiscal year ending June 30, 1982 . Account No. Appropriation 1102 . 101 Clerk of Council-Salary & Wages $ 35. 00 1201. 101 Executive Dept. -Salary & Wages 935. 00 1201 . 106 Executive Dept. -Town Manager 250 . 00 1205 . 300 C.A.T.V. -Contractual Services 100 . 00 MINUTES OF AUGUST 25, 1982 MEETING. Account No. Appropriation 41 1214 . 101 Finance Dept. -Salary & Wages $ 165. 00 3401. 101 Engineering-Salary & Wages 925. 00 3401 . 200 Engineering-Fringe Benefits 640 . 00 4101 . 101 Public Works-Wages & Salaries 385 . 00 4101 . 200 Public Works-Fringe Benefits 140 . 00 4102 . 102 Streets-Overtime 363 . 61 4300 . 300 Refuse-Contractual Services 10, 320. 00 4500 . 101 Planning & Zoning-Salary & Wages 40 . 00 4500 . 200 Planning & Zoning-Fringe Benefits 540. 00 SECTION II . An appropriation is made from the Utility Fund to Account 5000 . 101 , Water & Sewer Administration, in the amount of $1, 865 . 00 for the fiscal year ending June 30 , 1982 . Mr. Taylor, Director of Finance, said this is a "clean-up" resolution for the end of the year. Most of these are to salary and wages and fringe accounts - rather small amounts . The year-end accruals brought these over the budget amounts . The exception is the appro- priation for contractual services for refuse - the $10 , 000 item, which is a one-month accrual for the Grayson contract for FY 1982. The normal budget has contractual services from May to May. This is CO done to bring this to the same budget time as other items - there is T no increase in rates. Mayor Sevila said Mr. Taylor made a staff re- o port on this at the committee meeting last week - this is just a OD bookkeeping adjustment to balance the budget at year end. The reso- m lution was unanimously adopted: Q Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-111 - RESOLUTION - MAKING AN APPROPRIATION AND PARTIALLY RESCIND- ING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1983 . On motion of Mr. Tolbert, seconded by Mrs. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I . An appropriation is made from the General Fund to Account No. 4102 . 700 Harrison St. Extended - Design, in the amount of $17 , 450, for the fiscal year ending June 30 , 1983 . SECTION II . An appropriation is made from the South Harrison Capital Project Fund to Account No. 9030. 701, South Harrison St. , in the amount of $10, 000, for the fiscal year ending June 30 , 1983. SECTION III . The appropriation to the South Harrison Capital Project Fund Account No. 9030. 703 , Engineering and Design, is partially rescinded in the amount of $17 , 450, for the fiscal year ending June 30 , 1983 . Mr. Taylor explained that Sections I and III are transfers from the Capital Project Fund for engineering and design of Harrison Street Extended. The town is paying for the railroad right-of-way to Ca- ' toctin Circle. HUD is paying for the part from Loudoun Street to the right-of-way. This is, therefore, an engineering cost from the Capital Project Fund to the General Fund. Section II is for right- of-way acquisition for the project - title cost and legal fees. Council will approve the final amount of compensation to be offered to the owners of the rights-of-way. The resolution was unanimously adopted : Aye: Councilmembers Bos , Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay : None. MINUTES OF AUGUST 25, 1982 MEETING. . 42 82-112 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR THE FEDERAL LAND BANK ASSOCIATION OF WARRENTON - FARM CREDIT SERVICE. On motion of Mrs. Hill , seconded by Mr. Willis, the following resolution was proposed: WHEREAS, the developer of the Farm Credit Service Bank on Fort Evans Road has completed public improvements in ac- cordance with the town standards and specifications and these have been inspected and approved, and the as built drawings have been submitted and approved; THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows : SECTION I . The public improvements for the Farm Credit Service Bank on Fort Evans Road are accepted for public use by the town. SECTION II . The cash performance bond in the amount of $6, 685 is released and a maintenance bond in the amount of $334 . 40 is approved. Mayor Sevila assumed that inspection has been performed and the proj- ect has been approved and accepted . Mr. Bos said this is routine. The resolution was unanimously adopted : Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-113 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND ACCEPTING A MAINTENANCE BOND FOR THE SOUTHGATE DEVELOPMENT ON SOUTH KING STREET. On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- ing resolution was proposed : WHEREAS, the developer of the Southgate Office complex on South King Street has completed public improvements in ac- cordance with the town standards and specifications and these have been inspected and approved, and the as built drawings have been submitted and approved; THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows : SECTION I . The public improvements for the Southgate Office complex on South King Street are accepted for public use by the town. SECTION II . The cash performance bond in the amount of $20, 700 is released and a maintenance bond in the amount of $1, 035 is approved. Mr. Tolbert said this makes that end of town look very good. The resolution was unanimously adopted : Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-114 - RESOLUTION - APPOINTING A DEPUTY ZONING ADMINISTRATOR. On motion of Mr. Tolbert, seconded by Mr. Gheen, the following resolution was proposed: WHEREAS, Section 7A-1 of the Charter authorizes appointment of acting and deputy zoning administrators; and WHEREAS, the town manager on May 12 , 1976 was appointed acting zoning administrator; and 43 MINUTES OF AUGUST 25, 1982 MEETING. WHEREAS , efficient zoning ordinance administration requires appointment of a deputy zoning administrator to act in the absence of the zoning administrator or the acting zoning ad- ministrator : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The assistant to the town manager for community development is appointed zoning administrator to act in the absence of the zoning administrator or acting zoning administrator. Mayor Sevila said councilmembers have been assured that Marc Weiss is eminently qualified to perform the job of deputy zoning adminis- trator. It is important to have someone present at all times who can meet the applicants or members of the public who appear with zoning questions or problems . There are times when business takes both Mr. Forbes and Mr . Niccolls out of the office at the same time, so it is hoped that the appointment of Mr. Weiss will meet that need. The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 82-115 - RESOLUTION - AUTHORIZING CLOSING OF CATOCTIN CIRCLE FOR THE LOUDOUN COUNTY VOLUNTEER FIRE-RESCUE FIELD DAY. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall close Catoctin Circle between Carlton Street and Prospect Drive at approximately 1 : 00 p.m. , Sep- ' tember 12 , 1982 as necessary for the Loudoun County Volun- teer Fire-Rescue Field Day. Mr. Willis explained that this is a County-wide participation field day event which requires the street closed for safety, as well as for spectators. There are certain events that have to be held in the street, with the balance on the school grounds . The street will be closed from 1 : 00 p.m. to 4 : 00 or 5 : 00 . He encouraged any- one to come see the volunteers in their training activities. The resolution was unanimously adopted: Aye: Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay : None. SELECTION OF DELEGATE AND ALTERNATE FOR VIRGINIA MUNICIPAL LEAGUE CONFERENCE. Mayor Sevila said a delegate and an alternate must be selected to the Virginia Municipal League Conference, to be held on Septem- ber 20 , 21 and 22 in Virginia Beach. Mr. Tolbert, Mr. Bos, Mr. Willis and he will be attending from the Council, along with Mr. Niccolls and Mr. Minor . Mr. Willis nominated Mayor Sevila as the delegate and Mrs . Hill nominated Mr. Tolbert as the alternate. On motion of Mr . Willis , seconded by Mrs. Hill , the nominations were unanimously closed: Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. Council , therefore, voted unanimously that Mayor Sevila will serve as the delegate from the Town of Leesburg, with Mr. Tolbert being the alternate: Aye: Councilmembers Bos, Gheen, Hill , Tolbert, Willis and Mayor Sevila. Nay: None 44 MINUTES OF AUGUST 25, 1982 MEETING. 82-0-33 - ORDINANCE - AMENDING CHAPTER 6 , ELECTIONS , OF THE TOWN CODE . On motion of Mrs. Hill , seconded by Mr. Tolbert, the follow- ing ordinance was proposed : ORDAINED by the Council of the Town of Leesburg in Vir- ginia as follows : SECTION I . Chapter 6 , Elections, of the Town Code is amended to read as follows : Sec . 6-1. Precincts. There shall be three voting precincts in the municipality, one of which shall be Precinct Number 5, West Leesburg; another shall be Precinct Number 6 , East Leesburg and another shall be Precinct Number 16 ,. Dry Mill-Dulles; as adopted in the redistricting by the Loudoun County Board of Supervisors on December 31, 1981 . Sec. 6-2 . Voting Places . The election of municipal officials and the voting place for such election in Precinct Number 5, West Leesburg, shall be at the Leesburg Volunteer Fire Department Building; the election of municipal officials and the voting place for such election in Precinct Number 6 , East Leesburg, shall be at the Leesburg Elementary School; and the election of municipal of- ficials and the voting place for such election in Precinct Number 16 , Dry Mill-Dulles shall be at the Loudoun County High School. SECTION II . This ordinance shall be effective on its passage. It was explained that this revision is necessary now in order that the Loudoun County Electoral Board might make up their ballots for the election in November . Mr. Gheen understood that the Dry Mill- Dulles precinct would be for County elections only. Mr. Niccolls said we mistakenly believed this to be the case, however, we have been advised that this will be for all elections. There will be few voters for Precinct No. 16 in the municipal elections. The ordinance was unanimously adopted: Aye : Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Willis, seconded by Mr. Tolbert, Council voted unanimously to go into executive session with members of the staff, pursuant to Section 2 . 1-344 of the 1950 Code of Virginia, as amended (a) , Exemption (6) to discuss legal matters relating to annexation; also Exemption (1) to discuss a personnel matter relating to appoint- ment of a successor to Mr. Herrell : Aye: Councilmembers Bos, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion duly made and seconded, Council reconvened. There was no action taken. On motion duly made and seconded, the meeting was adjourned. /&44k - ,42j2j yr Clerk of ' he Council