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HomeMy Public PortalAbout1977_03_23 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 23, 1977 . A regular meeting of the Leesburg. Town Council was held in the Council Caambers, 10 West Loudoun Street, Leesburg, Virginia on March 23, 1977. The meeting was called to order at 7 : 33 P.M. , with Mr. Tolbert offering the invocation and followed with the Salute to the Flag. Present were: Mayor Mary Anne Newman, Councilmembers Charles E. Bahge, Glen P. Cole, Stanley D. Herrell, 'Jr. , C. Terry Titus and John W. Tolbert, Jr. ; also Town Manager John Niccolls, Assistant to the Manager Jeffrey H. Minor' and Town Attorney George M. Martin. Absent from the meeting was Councilmember James A. Rock. The minutes of a reconvened meeting of January 31, 1977 , held on February 2, 1977 and of a reconvened meeting of February 2, 1977, held on February 9, 1977 were approved as written. Mayor Newman made' a rather lengthy statement concerning the con- flict of interest investigation involving Councilmember Titus. She felt that, if there was a conflict of interest by Mr. Titus and others in accepting insurance, it was done in innocence and with no intent of wrong doing. She felt that the action of the' Town Manager was in- appropriate in that this matter had not been discussed nor sanctioned by the full Council in a regular meeting; also, that Couricilmember Titus has given a great deal of time and effort to the work of the Council and abstained from voting on matters that he. has been even remotely connected with. If a councilmember has to worry about pos- sible legal action against him for what he does in good faith, it will be increasingly-difficult to attract competent people to serve on the Council. She 'wished to go on record 'as personally supporting Mr. .Titus. A copy of Mayor Newman' s complete statement may be seen in the Office of the Clerk. Concerning the location of a "group home". in Leesburg, Mayor Newman reported that the three sites advertised by the Board of Super- visors for a public hearing are no longer available. Therefore, they will be looking for other locations. Mr. Givens told the Board that they would prefer to locate in Leesburg. Inasmuch as there was con- siderable reaction by the public at the Council workshop last week, she asked that Council give some thought to this matter in order that a statement either pro or con might be presented to the Board. Mayor Newman read to Council a letter received from Councilmem- ber James A. Rock, which letter withdrew his earlier resignation from Council and expressed his feelings concerning the recent action by the Manager in turning over to the Commonwealth Attorney' s office information concerning a possible conflict. of interest on the part of Councilmember Titus. He stated that "The people of this Town did not elect the members of this Council to be docile They ex- pect us, as an organized body, to run the public business of this Town in a frugal and efficient manner. Now, there are several ways this can be done. One way is to hire a Manager to handle or adminis- ter the day-to-day chores. But - the Council runs the Town Manager: If you do not run him he will most surely run you: " He was "deeply touched by the depth of the sincerity with which people have urged me to withdraw my resignation and remain on the Council. These peo- ple plus the real needs of my good friend Terry Titus have tipped the scales. I am, therefore, for the time being, withdrawing my resignation. " . A copy of Mr. Rock' s letter may be seen in the Of- fice of the Clerk. 77-0-3 - Ordinance - Amending Sec. 8-13 of the Town Code. • On motion of Mr. Cole, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Sec. 8-13 of the Town Code is hereby amended to read as follows : Sec. 8-13. Special collections for excessive amounts. For an excessive amount of refuse, the municipal office shall be notified no later than 4: 00 p.m. on Friday of each week, so that a special pickup may be arranged for Monday MINUTES OF MARCH 23, 1977 MEETING. 187 of the next week or a day to be designated by the manager. At the discretion of the municipal manager, there will be a separate charge for each such special collection. SECTION II. This ordinance shall be in full force and ef- fect from its passage. Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay: None. 77-41 - Resolution - Endorsing a solar heating structure for James N. Wilhoit, III at 29 South Wirt Street. On motion of Mr. Herrell , seconded by Mr. Bange, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as. follows : SECTION I : Solar heat is endorsed as an alternative energy source. The construction of solar heating structures is accepted when reviewed and approved by the appropriate local planning bodies. T. SECTION II. The manager is authorized and directed to trans- ' mit a copy of this resolution to Mr. James Wilhoit, 17 West Loudoun Street, Leesburg. After discussion, on motion of Mr. Titus, seconded by Mr. Bange, the following substitute resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town' of Leesburg, Virginia, as follows : SECTION I. Solar heat is endorsed as an alternative energy source for Mr. James N. Wilhoit, III for the construction of a solar heating structure at 29 South Wirt Street. SECTION II. The manager is authorized and directed to trans- ' ' mit a copy of this resolution. to Mr. James Wilhoit, 17 West Loudoun Street, Leesburg. , Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. 77-42 - Resolution - Setting rates for tie-downs at Leesburg Municipal Airport. On motion of Mayor: Newman, seconded by Mr. Cole, the following resolution was proposed and unanimously' adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The charges to be paid to the town for aircraft tie-down spaces at Leesburg Municipal Airport after April 1 , 1977 shall be payable to the town in`advance at rates as follows: Single Twin Tie-Down Area Engine Aircraft Engine Aircraft Grass Area, monthly $ 30.00 $ 40.00 Grass Area, daily 2. 00 2 .00 Paved Apron, monthly • 40.00 50:00 • Paved 'Apron, daily 2. 00 3. 00 Aircraft tie-down spaces are offered under the following condi- tions : 188 MINUTES OF MARCH 23, 1977 MINUTES. (a) Charges accrued prior to April 1 , 1977 shall be paid to the town at rates published by TransAmerican Air- ports , Inc. (b) Charges are payable in advance by the fifth day of the month. (c) Monthly charges will be prorated to the nearest one-half month for new rentals. (d) If paid after the fifth of the month, charges are in- creased $5. 00 for that month. (e) A new account charge of $5. 00 shall be paid with the first month' s rental. (f) Aircraft owners are responsible for parking and tying down their airplanes. (g) The town is not responsible for any theft, loss, damage, fire or destruction of airplanes or parts thereof. (h) The town' s sole obligation is the maintenance of the parking space, exclusive of tie-down chains or cables and exclusive of grass. The town will not guarantee grass areas to be suitable for aircraft operations. (i) The town retains final authority to assign aircraft parking spaces. Aye: Councilmembers Bange, Cole, Herrell , Titus , Tolbert and Mayor Newman. Nay: None. Mr. Frank Beck, one of the customers at the Airport, said that the tie-down rates are being doubled - he assumed' the. Town is trying to get rid of customers like himself: Mayor Newman said it is hoped that the Town might break even on operations at the Airport. Mr. Beck asked if the Town is accepting the responsibility for damage to two aircraft that broke moorings in the windstorm last night. Mr. Niccolls said he has not received a full report on these incidents yet, however, the Town has neithe'' accepted nor offered any tie-down rentals at the field as of this time - in fact, until authorization by the Council tonight, no tie-downs could be collected. The ques- tion of responsibility for the damaged aircraft will have to be looked into by the owners of the aircraft and the Town' insurance carrier. Mr. Niccolls advised that aircraft will have to be relocated during the construction of improvements. Mr. Clifton Niblock asked who will relocate the aircraft and where. Mr. Niccolls said the Town will do this and it will be on the present field. They may have to construct some temporary tie-downs. He explained just what these- improvements will accomplish. A young lady in the audience asked if this means that _all tie-downs will be on the hard surface after the construction is completed. Mr. Niccolls said this has not yet been decided, but there will probably be some grass tie-downs. Mayor Newman had several questions concerning Monthly Operations figures fa^ the Airport. Mr. Niccolls explained .that these are based on C & F' s figures - both represent a cash outloss to the Town. Mayor Newman was concerned that, if they are afraid of a lease with local people, they will be even more so when looking into a lease with an FBO from some other locality. Mr. Titus called to her attention that they will be looking at a lease for 20 years at that time, not for just three months - also, there will be some type- of bond, plus a financial statement. He said he intended to do nothing until he sees such figures and cash in hand. But, for now, he said"Let' s get on with the show. " Mr. -Fowler, of C & F Aviation, agreed with Mr. Titus in principle, however, he did not agreethat it serves the best - interest of the town to try to run it themselves. He cited amounts they felt could be expected as income, . with a total of $2, 500 per month. Thus , he feels the Town could break even with- the $1, 100 proposed for expenses. Both Mr. Fowler and Mr. Curry presented ad- ditional pleas that Council might consider an interim lease with C & F. • MINUTES OF MARCH 23 1977 MEETING. Mr. Niccolls said the lease proposed by C & F for 15 months has been discussed with Mr. Curry, there are some relatively minor points that need to be discussed in order that they have a more clear mean- ing. If Council so desires, such a lease could be prepared for the next meeting- 77-43 - Resolution - Authorizing temporary employees for Airport operations and making appropriations. On motion of Mr. Bange, seconded by Mr. Titus, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Manager is authorized to employ one full-time temporary airport operation supervisor and such other part- time temporary airport servicemen: necessary to operate Leesburg Municipal Airport on a ten hour per day, seven day per week, basis. SECTION II. The following appropriations are made for the fiscal year ending June 30, 1977 : Account No. and Name Appropriation 30000. 107 Personal services $ 4, 200 yi 30000. 251 Fuels and lubricants for resale 5, 500 I Mr. Titus said he is in favor of Section/, but not Section II - during the majority of the discussions, he has favored C & F getting an in- terim lease, however, he does not now see how the town can benefit from this without getting into trouble with the FAA. Mayor Newman was upset by the expenditure of more funds , particularly since $10,000 has already been authorized for insurance and the repair of the lights. This would mean almost $20, 000 for just three months. Mr. Niccolls pointed out that this would be offset by revenues. He discussed with Mr. Wilkinson of the FAA the minimum operational level needed to meet the FAA commitment - this would be to have the lights and the• beacon operational and the ramp, runway and taxiway open to the public. He felt that, with Mr. Martin, Mr. Hill and Mr. Crenshaw working on this, they could prepare a lease in about six weeks and this would give time for the FAA to look at it. Council is talking about getting bids in a reasonable period of time. The question now is level of service. Mr. Herrell asked who is working out there now. Mr. Nic- colls said Mr. Paul Johnson, who is being paid by the town, and Mrs. Rawls , with Mr. Rawls being there at times. This could continue for another six weeks . Mr. Bange called attention to the fact that there is no fuel available - it was felt that this service should be fur- nished. Mayor Newman said she would like to see at least the mini- mum services - if they are going to try to build up the Airport, this is necessary. Mr. Robert Lowe, from Vienna, felt that gas and perhaps maintenance service would help attract more people to tie down at this airport. There was discussion concerning the availa- bility of funds. Mr. Niccolls said the Airport Fund can sustain this cost for a limited period of time and he will try diligently to keep costs down below these authorization levels. Former Mayor Hill felt that the County' s $5. 00 per $100 tax on aircraft based at the Airport might be a deterrent to aircraft owners , particularly if services are not provided. He felt that Council should make some effort to try to reduce this tax - perhaps the Town should get this tax rather than the County. Mr. Niccolls was asked to investigate what other areas do concerning taxes. A roll call vote adopted the above resolution: Aye: Councilmembers Bange, Cole, Titus , Tolbert and Mayor Newman. Nay: Councilmember Herrell . Mr. Bange said this does not take C & F out of the picture if they want to run the Airport for the town without a lease. 190 MINUTES OF MARCH 23, 1977 MEETING. Resolution re off-site storm sewer fees for Belmont Place Subdivision. On motion of Mr. Cole, seconded by Mr. Herrell , a resolution to waive off-site storm sewer fees for Belmont Place Subdivision was proposed. Council discussed this matter at length. It was felt that, aside from the fact that this would be in violation of the Subdivision Ordinance, this could set a precedent for other de- velopers who might be involved in similar circumstances. Mr. Nic- colls reminded Council that it had earlier adopted a resolution authorizing the water and sewer connections for this subdivision, with the provision that the developer would present acceptable plans for storm drainage. Such a plan was thereafter presented with the developer agreeing to spend $6, 500 to $7, 000 in his project to accommodate this water. A roll call vote on this resolution unanimously defeated it: Aye: None. Nay: Councilmembers Bange, Cole, Herrell, Titus , Tolbert and Mayor Newman. 77-44 - Resolution - Commenting on the proposed rezoning of the approximate 113 acres of land adjacent to the Leesburg Airport from A-3 to PD-1P. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed: • RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The proposed rezoning of the 113 acres adjacent to the Leesburg Airport from A-3 to PD-IP as described in County of Loudoun zoning map amendment petition dated March 3, 1977 , is endorsed. SECTION II. The manager is authorized and directed to trans- mit a copy of this resolution to the County of Loudoun Zoning Department as this Council ' s response to the proposed rezon- ing request. Mr. Titus understood that this is the same zoning Mr. Tullius has on a portion of his land. It is understood that this does not nec- essarily require public water and sewer. The resolution was unani- mously adopted: Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. • Nay: None. • 77-45 - Resolution - Extending Performance Bond for Loudoun Hills , Section 2. On motion of Mr. Bange, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : That the Performance Bond #910519 for physical improvements in Loudoun Hills, Section 2, • in the amount of $165, 000 be extended to September 24, 1977 . It is noted that this extension is for only six months rather than a year as requested. - Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay : None. • 77-46 - Resolution - AcceptingDeed of Easement from Alfred Gardiner; et ux, fr storm drainage system. On motion of Mr. Titus, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: MINUTES OF MARCH 23, 1977 MEETING. RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Easement made the 18th day of February, 1977,- by and between Alfred Gardiner and Mildred Gardiner, his wife, and the Town of Leesburg, for, the construction, reconstruction, maintenance, replacement or repair, use and inspection of a storm drain or storm sewer, including necessary appurtenances, of such character and sufficient size within the limit of said easement as to provide a proper and adequate outlet over, across, through and under the land of the Grantors for a storm drainage system established by the Town, is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town. Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. 77-47 - Resolution - Granting waiver of Sec. 17-63 of Town Code for VFW Post, #1177 for purpose of holding a carnival . On motion of Mr. Tolbert, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: r RESOLVED by the Council• of the Town of Leesburg, Virginia, '-. as follows: • Sec. 17-63 of the Town Code pertaining to Itinerant Vendors is hereby waived for the VFW Post #1177 for the purpose of holding a carnival in Virginia Village Shopping Center from May 30, 1977 through June 4, 1977 . Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. 77-48 - Resolution - Endorsing August Court Days as an annual event in Lees .urg. On motion of Mr. Herrell , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Loudoun County Restoration Society requested the views of this Council regarding the concept of an annual August Court Days celebration in Leesburg. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia, as follows :. SECTION I. August Court Days as an annual event in Leesburg of amusement, culture and commerce is endorsed. SECTION II. Manager is authorized and directed to transmit a copy of this resolution to Loudoun County Restoration So- ciety. Aye: Councilmembers Bange, Cole, Herrell , Titus , Tolbert and Mayor Newman. Nay: None. 77-49 .- Resolution - Making an appropriation for the fiscal year ending June 30, 1977. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : 192 MINUTES OF MARCH 23, 1977 MEETING. SECTION I. An appropriation in the amount of $60,000.00 is hereby made to Account No. 10110. 808 (c) South Harrison Street Extension for the fiscal year ending June 30, 1977. SECTION II. A loan of unencumbered Utility Fund balances in the amount of $60, 000.00 is hereby authorized to the General Fund to be repaid from future revenues of the General Fund with interest at six percent per annum com- pounded annually. Mr. Titus said he still could not support this resolution. Mayor Newman felt that an unofficial commitment has been made by Council - it is hoped that a very close watch will be kept on expenditures from now through the end of the fiscal year. There have been two large outlays in the last three months and both of them unexpected and not budgeted items. The resolution was adopted by a vote of 5 to 1 : Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newman. - Nay: Councilmember Titus. 77-50 - Resolution - Accepting Deed of Easement from First Virginia • Bank for storm drainage system. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Deed of Easement made the 14th day of March, 1977 , by and between First Virginia Bank and the Town of: Leesburg, for the construction, reconstruction, maintenance, replace- ment or repair, use and inspection of a storm drain or storm sewer, including necessary appurtenances , of such character and sufficient size within the limit of said easement as to provide a proper and adequate outlet over, across, through and under the land of the Grantors for a storm drainage sys- tem established by the Town, is hereby accepted and the Mayor is hereby authorized to acknowledge the same on behalf of the Town. Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. Town Manager Niccolls reported the following: (1) Copies of the proposed new Zoning Ordinance have been dis- tributed, along with a memo. This has been under preparation for the last six months. ( 2) Council also has before it the proposed revision of the Personnel Manual. Mayor Newman asked that new members be given copies of the old one for comparison purposes. (3) There is attached a brief memorandum describing engineering cost estimates for the airport improvement project. This indicates that the project can be completed within- the allocation from FAA. Procedures allow for a ten percent adjustment up- or down in the Grant award, so he is confident that Phase I can be undertaken. Final plans will be submitted to the FAA .for: their- review and approval prior to April 1 . Council may seethese plans after March 25. It was the consensus of Council that they see these plans before they are presented to the FAA. Mr. Niccolls said he would try to get at least the sheet showing the layout. (4) A report on the Prince Street sanitary sewer problem is also attached to the Agenda. Work on this problem has continued by the utility lines crew. A -break in the line was found - this is be- ing repaired and the manholes have been raised. However, they are still recommending installation of backwater traps to owners. One property owner discovered that a part of his plumbing was installed 193 MINUTES OF MARCH 23, 1977 . • backwards. A copy of this report was sent to the three property owners involved. (5) A prepared statement was read in reply to Mayor Newman' s comments concerning his "inappropriate" .action with regard to Mr. Titus. If "Council should have itself 'discussed and sanctioned' such a referral before the manager is permitted to act" Council would "assume the mantel of investigation and law enforcement agent in cases involving its members. In effect, the political , not the judicial process, would be used to resolve legal disputes. Council would turn itself into a miniature grand jury but only for its own members. Other citizens would be subject- to regular rules under which this information is taken to the appropriate prosecutional officer who proceeds with an investigation in a lawful manner What of the obligations of town officers to uphold the law? Are we not bound to disclose infractions if Council orders other- wise?" A copy of Mr. Niccolls ' complete statement may be seen in the office of the Clerk. Mayor Newman asked that Council meet in special workshop session on March. 30 at 7 : 30 P.M. to discuss the Subdivision Ordinance. It was decided that the builders and developers would be invited to discuss this Ordinance at Council ' s regular- workshop session on April 20th at 7 : 30 P.M. Resolution authorizing Town Manager to advertise for bids and award a contract for three test wells. 1"y. On motion of Mr. Bange, seconded by Mr. Herrell , a resolution authorizing the Manager to advertise for bids and to enter into a contract for the construction of three test wells , along with an appropriation for same, was proposed. There was lengthy discussion, with Mr. Titus stating that he was not aware that there is an actual shortage of water and other Council members feeling that there is. Also discussed was a source of revenue for this project and agree- ments with property owners for the projected well sites. In view of the problems that might arise, on motion of Mr. Bange, seconded by Mr. Cole, Council voted unanimously to send this matter back to the first workshop in April : Aye: Councilmembers Bange, Cole, Herrell, Titus , Tolbert and Mayor Newman. Nay: None. 77-51 - Resolution - Regarding potential water shortage. On motion of Mr. Titus, seconded by Mr. Bange, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Town Manager is hereby directed to prepare a full documentation as to the present status of all of the Town' s water sources and storage capabilities and to have this documentation for the Council at its next workshop meet- ing. SECTION II. The Town' s Planning Commission shall be imme- diately informed of a potential shortage of water and it is hereby directed to inform in writing any subdividers and/ or developers that the submission or approval of any pre- liminary subdivision plat or site plan does not guarantee water service by the Town. Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay: None. 77-52 - Resolution - Opposing the location of a "group -home" in the corporate limits of Leesburg. On motion of Mr. Titus, seconded by Mr. Tolbert, the following resolution was proposed: 1 94 MINUTES OF MARCH 23, 1977 MEETING. BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The Town Council is opposed to the location of or operation of any penal institution or "group home" within the coroporate limits of Leesburg. SECTION II. The Town Council is of the opinion that such an institution belongs in a more rural atmosphere. Copies of this resolution are to be sent to Mr. Phil Bolen and to Mr. James Brownell and Mrs. Gerry Gardiner, members of the Board of Supervisors appointed to look for a new location for this home. . The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Titus , Tolbert and Mayor Newman. Nay: None. 77-53 - Resolution - Directing Manager to submit costs in reconstruc- tion and furnishing of Town Office. On motion of Mr. Titus , seconded by Mr. Bange, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town Manager is hereby directed to immediately prepare a full accounting of the costs involved in the reconstruction and furnishing of the Town Office and to apprise the Council of any changes made in. the building plan approved by the Coun- cil , the nature of such changes and their attendant, costs and to keep the Council fully informed of any additional costs from the date of such accounting. Aye: Councilmembers Bange, Cole, Herrell, Titus , Tolbert and Mayor Newman. Nay: None. On motion of Mayor Newman, seconded by Mr. Bange, Council voted unanimously to go into executive session at 9 : 45 P.M. to discuss a matter concerning purchase of real estate: Aye.: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted unanimously to reconvene: Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. 77-54 - Resolution - Authorizing an offer to Harry Sollars, et ux for an easement required for construction of storm drainage improvements and authorizing the Town Attorney to institute condemnation proceedings in the event the offer is reed. On motion of Mr. Bange, seconded by Mr. Cole, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. Harry Sollars, et ux, are hereby offered the sum of $6, 000 cash for the storm drain easement described on the plat hereafter referred to on condition that the title to the lands affected are free and clear of all de- fects, liens or conditions which could inhibit the use of the area for the purposes intended; the easement will be 19.5: MINUTES OF MARCH 23, 1977 MEETING. conveyed according to the plat and description prepared by Bengtson-DeBell , Inc. , Consulting Engineers, by a good and proper deed with the usual warranties of title; the closing of the transaction shall be within thirty days after- written acceptance of this offer and the Sollars shall pay the grantor tax. - - SECTION II. In the event this offer is not accepted in writ- ing with-in five days from receipt, the council hereby de- clares that an essential public necessity exists for the acquisition of the easement by condemnation and right of early entry and does hereby authorize the town attorney to file the requisite petition for condemnation and early entry on behalf of the Town of Leesburg and the costs therefor are appropriated from the storm drainage construction fund. Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Cole, the meeting was adjourned. r-! owwl Mayor • Clerk of . e Council