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