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HomeMy Public PortalAbout1977_06_08 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 8, 1977. 225 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on June 8, 1977. The meeting was called to order by the Mayor at 7 : 35 P.M. , with the invocation .being offered by Mr. Bange and followed with the Salute to the Flag. Present were: Mayor Mary ,Anne Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell , Jr. , James A. Rock, 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. The minutes of a special meeting _of May 19 , 1977 and regular meeting of May 25, 1977 were approved as written. ZM-18 - diZerega Rezoning Request. Mr. Thomas W. Malls, attorney representing Mr. Alfred L. B. diZerega, III, et als, requested that Council consider referring • this proposed rezoning request to the Planning Commission at this meeting, otherwise, it will be July before the Commission can con- sider it. There followed lengthy discussion concerning the pro- cedure to be followed in receiving and referring this request. On motion of Mr. Titus , seconded by Mayor Newman, it was proposed that the rezoning application of Alfred L. B. diZerega, III for zoning map amendment be referred to the Planning Commission. A .roll call V: vote defeated the motion by a vote of 4 to 3: "-+ Aye: Councilmembers Cole, Titus and Mayor Newman. Nay: Councilmembers Bange, Herrell, Rock and Tolbert. Mr. Nails will , therefore, appear at the next Council workshop to defend this rezoning request. Application for site plan approval for portion of Parcel M, Section 1, Virginia Village. Mr. Ken Schutz, President of Virginia Knolls Citizens Association, said that approval of this site plan is objectionable to the citizens of Brandon for several reasons : (1 ) This would be filling a part of the 100-year flood plain and this has already been exceeded twice in the last five years - there has been water in the basements of some of the homes. Last October the playground was almost wiped out. Such a plan would decrease the value of the property and cause damage to individuals and the association as a whole. (2) Warehouses should not be built in a residential area - they are not usually kept up. (3) Warehouses would also create truck traffic, with an entrance proposed to be on Harrison Street - this would be a hazard to child- ren and the ball field. There are other types of development that could be placed in this area - a buffer of some kind '- perhaps the property is zoned improperly. The biggest problem is storm water and he did not feel anything should be built on this property .until such time as the Tuscarora Creek is cleaned up. Mr. Bill Bohince, President of the Central Loudoun Little League, requested that Council defer the proposed agreement with the Club for use of the Chester Williams land until such time as this organization has seen the agreement. Mayor Newman asked that he or someone from the organization come to the next Council workshop to discuss this agreement. Mr. Niccolls said that, in the meantime, they are per- mitted to use the land as a ball field by a former resolution of the Council . Mr. Bohince also said that he has personally had ten years ' experience with the ball field property - they have hauled at least 500 tons of fill dirt over these years and it is not there now. They hauled in 60 tons this spring to repair the flood damage of last fall. The creek does not necessarily have to flood - in heavy rains the water comes up onto the field from the swale. He felt that a lot of engi- neering time could be spent and a lot of facts put down on paper, but what actually happens is a different story. Mr. Grayson Hanes, attornky representing the applicant, felt that what they are proposing has beenYunderstood by the citizens - they fear the unknown. This property contains a little over seven acres and is zoned "industrial ' - the property owners have been paying taxes for such use over a period of time. In the State of Virginia, they have a right to make reasonable use of the property and_a denial 226 MINUTES OF JUNE 8, 1977 MEETING. would be a confiscation of the property. The developer wants to develop this land in accordance with the ordinances of the Town. He noted that other projects have been built in the •flood plain area - the Rescue Squad, tennis courts and various public sprvice projects. Regardless of what Council does with this application, the people who have spoken will continue to have a problem with flood- ing Of their properties . Also, his client •has agreed that, upon ap- proval of the project, the sum of $20, 000 will be contributed to al- leviate the flooding problem and make the area better as a result of development of this site. He asked that his clients be treated as fairly as others have been. There was some discussion concerning the $20, 000 contribution - as to whether this included the pro-rata share for off-site development. It was determined, after consulta- tion with his client, that this -amount would be in addition to the pro-rata share. This amount would be submitted to the Treasurer at the time the building permit is secured or within ten •days of approval of the project, whichever the Council might designate. Mr. Titus asked that they comment on the situation at the ball diamond. Mr. Digiulian, surveyor for the project, said that, al- though a portion of the ball diamond is on this property, it could be •worked out so they could go around the field and the field can be used by the Leagues. Mr. Arthur Slack, a resident of 111 Shenandoah Street in Brandon, said that he had two feet of water in his basement during Agnes and another foot last October. The more concrete you put in this area, the more run-off you have because the land won' t 'perk." He suggested that, if these people want to build, they build without filling - they they would suffer the same as the residents of Brandon. . 77-92 - Resolution - Authorizing, employment of engineer to make study. f Engineering, stated that the plan provides for adequate drainage on site, provided the channelization of Tuscarora Creek is accomplished. It was wggested by Mr. Rock that perhaps an independent engineering stut�V?B made. On motion of Mr. Herrell , seconded by Mr. Rock, the following reso- lution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Town shall employ an independent engineer who has never been employed by the Town or by the applicant to make a study of the flooding aspect of the application of John W. Gibson, • Trustee, for site plan approval. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Hanes was agreeable to postponing action on this matter for four weeks or so, however, he asked that they have an opportunity to speak to these engineers before this matter comes back to Council. Mr. Niccolls said there are funds in the current budget for this and he will move immediately to do this and advise the Council when an engi- neer has been selected. 77-0-8 - Ordinance - Amending Chapter 19 of the Town Code. On motion of Mr. Cole, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: BE IT ORDAINED by the Council of the Town of Leesburg, Vir- ginia, as follows : SECTION I. The Town Code is amended by adding four (4) sections to Chapter 19 to read as follows : • Sec. 19-2. Rules and regulations. (a) Rules and regulations as are necessary andjieason- able for the proper operation of the water system maybe pro- mulgated by the Council from time to time. "27 MINUTES OF JUNE 8, 1977 MEETING. (b) Because variable conditions may arise in the operation and maintenance of the water system, the supply of water to consumers is without guarantee of a fixed quantity, quality, purity or temperature. (c) When the supply of water to the water system is inadequate for any reason to meet the demand for water for health and sanitation purposes the manager, with the advice and consent of the Council , shall declare that the use of water for lawn or garden, commercial laundries , swimming pools, manufacturing, cooling, vehicle washing or other purpose not essential to the health, safety and welfare of the residents of the town, is prohibited during speci- fic hours , during a specified time period or until notice is given that such use is permitted. No person shall use water from the water system for lawn or garden, manufacturing, agriculture, cooling, vehicle washing or other purposes not essential to the health, safety and welfare of the residents of the town when the use has been prohibited as provided herein. (d) Water supply through the town' s water mains may be shut off without notice to consumers if breaks in mains, pumping equipment breakdown, reservoir failure, construc- tion, reconstruction, repair, replacement, cleaning, ex- tending or tapping of mains requires, and no claims for damages of any nature whatsoever arising from such action will be paid. SECTION II. An emergency is declared to exist and this ordinance shall be in effect upon its passage. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-0-9 - Ordinance - Adding a new Section 17-1. 1 to Article I, Chapter 17 of the Town Code. On motion of Mr. Bange, seconded by Mr. Tolbert, the following ordinance was proposed and adopted' by a vote of 6 to 1 : ORDAINED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. A new section is added to Article I, Chapter 17, of the Town Code to read as follows : Sec. 17-1 . 1 . Tax Relief for the Elderly. (a) As used herein (1) Total combined income means gross income from all sources of the owners of the dwelling residing therein and of any relatives of the owner who re- side in the dwelling, provided that the first $4, 000.00 of income of each relative, other than the spouse of the owner or' owners, who is living in the dwelling shall not be included in such total . (2) Net combined financial worth means all assets of the owners of the dwelling and of the spouse of any owner who resides therein, including equitable interests, excluding the value of the dwelling and ' the land in an amount not to exceed one acre upon which it is situated. (b) Any person not less than 65 years of age by Decem- ber 31 of the year preceding the date of application, who owns or partially owns a dwelling as. the sole dwelling of 228 MINUTES OF JUNE 8, 1977 MEETING. that person, shall Be eligible for and may apply for an 'ex- emption of real estate taxes on such dwelling and the land in an amount not to exceed one acre on which it is situated, provided that: (1) The total combined income, as hereinabove defined, duringthe immediately preceding year cannot ex- ceed 10 , 000. 00. (2) The net combined financial worth, as hereinabove defined, as of December 31 of the immediately pre- ceding year cannot exceed $35,000. 00. (c) Application for exemption provided for herein shall be made not later than May 1 of each year for which exemption is sought to the Director of Finance on forms to be provided by him. The application shall be accompanied by an affidavit setting forth the names of all persons occupying such dwelling and stating that the total combined income and the net combined financial worth do not exceed the limitations set forth in (b) above. The Director of Finance may require an applicant to answer questions under oath as to his requirements under this article, and/or to produce for inspection certified federal income tax re- turns for the preceding three years to establish the total combined income or net combined financial worth as herein- before defined. (d) Any change in respect to total combined income, net combined financial worth, ownership of the dwelling exempted or other factors which occur during the taxable year for which the affidavit is filed, and which has the effect of exceeding or violating the limitations and con- ditions of this article, shall nullify any exemption for the then current taxable year and the taxable year imme- diately following. (e) Real estate described in (b) above shall be ex-• empt from real estate taxes under the provision of this Article for any year in which proper application is made, provided that, if the ownership of the property for which application for exemption is made is not held solely by the applicant or jointly with the applicant' s spouse, then the amount of the tax exemption hereunder shall be in proportion to the applicant' s ownership interest in the subject real property as that ownership interest may appear. (f) Any person or persons falsely claiming relief or exemption shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more than $300. 00 for each offense. SECTION II. An emergency is declared to exist and this ordi- nance shall be effective on July 1 , 1977 . Aye: Councilmembers Bange, Cole, Herrell , Titus, Tolbert and Mayor Newman. Nay: Councilmember Rock. 77-93 - Resolution - Accepting the recommendation of the Airport Advisory Committee regarding proposed leases at Leesburg Municipal Airport. On motion. of Mr. Titus, seconded by Mr. Rock, the following resolution was proposed and unanimously adopted: RESOLVED by the Council 'of the Town of Leesburg, Virginia, as follows : The recommendation of the Airport Advisory Committee that no proposals for lease of space at Leesburg Municipal Airport will be entertained until such time as the Coumiittee deter- 229 . MINUTES OF JUNE 8, 1977 MEETING. . mines an appropriate plan for orderly development at the Airport and formally solicits invitations for lease pro- posals is accepted. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. -- An item concerning the proposed C & F Aviation Company lease has been forwarded to the Airport Advisory Committee and it is felt that this matter should rest with that Committee in view of the reso- lution adopted above. 77-94 - Resolution - Authorizing execution of Amendatory Grant Agreement. On motion of Mr. Cole, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS , the Town of Leesburg (the "Town") entered into a certain Grant Agreement with the United States of America (the "Government") with respect to Project No. WS-VA-79 ; and WHEREAS, the Town and the Government desire .to amend the Grant Agreement in certain respects, and the Government pur- suant thereto .has submitted to the Applicant for execution a certain Amendatory Grant Agreement No. 2 (the "Amendatory Agreement".) which Amendatory Agreement is satisfactory: RESOLVED by the Town Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Amendatory Agreement No. 2, a copy of which is on file in the Office of the Clerk of Council is hereby approved and the Town Manager is authorized and directed to execute the Amendatory Agreement No. 2 in the name and on behalf of the Town, in as many counterparts as may be neces- sary, and the Clerk of Council is authorized and directed to impress the official seal of the Town thereon and to attest the same. SECTION II. The Manager is further directed to forward the executed counterparts of the Amendatory Agreement No. 2 to the Government, together with such other documents evidencing the approval and authorization to exdcute the same as may be required by the Government. Mr. Titus asked the status of the water permit from the Potomac River, particularly in view of the fact that it looks as though this may be the only source we have left, with Fairfax in its present situ- ation. Mr. Niccolls reported that the permit would have expired sometime in 1976 and was routinely resubmitted for renewal. We file a statement of progress with the State of Maryland every six months. There is an interstate compact in the works between Mary- land and Virginia and the Corps of Engineers - this has been signed by the two .States, but the Corps of Engineers is delaying_, because they are apprehensive about the allocation of water for the District by virtue 8f the fact that the District is already built up, whereas Maryland7Q}irginia are still developing. The Corps has not signed it and it is likely that it will not. The real problem will be the Corps ' withdrawal structure permit. One of the major items on the calendar for 1977 is to make a decision on long-range water supply questions. Proposals on how to get to the decision making stage will be submitted in the near future. Mayor Newman felt that it is high time to look at the water .situation in a serious manner and on a long-range basis - to look at all the alternatives. Mr. Nic- cols said the permit will be kept alive. The resolution was then unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. Mr. Niccolls reported that they are now down some 200 feet at the well site at Morven Park and have run into water-bearing rock. ' LOU MINUTES OF JUNE 8, 1977 MEETING. - Response to NVPDC comments on the Leesburg Facility Plan. On motion of Mr. Rock (for purposes .of asking questions) , sec- onded by Mr. Tolbert, a resolution approving a response to the NVPDC comments on the Leesburg Facility Plan was proposed. Mr. Rock had been advised that the A-95 review, with NVPDC comments, was considered by the Water Control Board yesterday - if it was,, then its status at such a meeting would be pertinent to what Council does with this reso- lution. After re-reading the material submitted and going back over the CH2M Hill report, he felt that the letter proposed would wind up lending strength to the NVPDC comments. There was discussion con- cerning the recommended response and it was felt. that this should be postponed until further word - Mr. DeFalco • should probably re- write the letter after looking into the CH2M Hill report. -. A tele- phone call to Mr. Rollins revealed that the A-95 review was not specifically considered, however, land treatment for this entire watershed was consider-ed. It was his suggestion that the Town should go ahead with its response and this has been requested by the regional director. On motion of Mr. Titus, seconded by Mr. Tolbert, Council voted unanimously to send this matter back to workshop: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. • 77-95 - Resolution AppointingChief James M. Kidwell to the Criminal Justice Avisory Council of the Northern Virginia Planning District Commission. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg; Virginia, as follows : Chief of Police, James M. Kidwell , is herebu appointed to serve as Leesburg' s representative on the Criminal Justice Advisory Council of the Northern Virginia Planning District Commission. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-96 - Resolution - Endorsing' the fiscal year 1978 Northern Virginia Regional Criminal Justice Plan. On motion of Mr. Rock, 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 fiscal year 1978 Northern Virginia Regional Criminal Justice Plan, dated May, 1977 , as prepared by the Northern Virginia Planning District Commission, is hereby endorsed. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-97 - Resolution - Accepting public improvements, releasing per- formance bond and authorizing acceptance of maintenance bond' for Rock Spring Heights, • Section II-C. On motion of Mr. Bange, seconded by Mr. Herrell , the following resolution was proposed and unanimously adopted: WHEREAS, the subdivider/developer for Rock Spring Heights, Section II-C, has completed all -public improvements in ac- cordance with Town Standards and Specifications, and ' these have been inspected and approved and as-built plans have been submitted and approved. MINUTES OF JUNE 8, 1977 MEETING. - 231 RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The public improvements in Rock Spring Heights, Section II-C are accepted for public use by the Town. SECTION II. The Performance Bond #5902439 of Fidelity & Deposit Company of Maryland dated November 29, 1972, for improvements in Rock Spring Heights , Section II-C, in the amount of $38, 460 be released upon submission -of a Mainte- nance Bond in the amount of $1 , 923. 00 and approval of same by the Town Attorney. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus , Tolbert and Mayor Newman. Nay: None. 77-98 - Resolution - Authorizing the preparation of a lease for 6 and 8 West Loudoun Street. On motion of Mr. Cole, seconded by Mr. Herrell , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: .-+ SECTION I. The Manager is authorized and directed to pre- 17 pare for later consideration by Council an agreement for -' the lease of the building located on Map 48-A, Block 16, Lots 16 and 17 (6 and 8 West Loudoun Street) . SECTION II. Said lease agreement shall include the general terms and conditions outlined in the report to Council dated May 11 , 1977 , and approved in form by the town attorney. Mr. Niccolls said this will be coming to Council shortly in a form to authorize advertisement of the lease. The resolution was unani- mously adopted : Aye: ' Councilmembers Bange, Cole, HerreiP;' Rock, Titus , Tolbert and Mayor Newman. Nay: None. - - - 77-99 - Resolution - Increasing the monthly rent for Apartment No. 10-1 and Apartment No. 10-2 at 10 West Loudoun Street. On motion of Mr. Tolbert, seconded by Mr. Bange, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The monthly rent for Apartments 10-1 and 10-2 located above the Council Chambers at 110 West Loudoun Street shall be increased from $60. 00 per month to $90.00 per month. SECTION II. This resolution shall be effective July 1 , 1977. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-100 - Resolution - Authorizing the Town of Leesburg: s participation in the National Institute of Municipal Law Offi- cer' s litigation challenging the constitutionality of Federal Unemployment Compensation amendments, Public Law-No. 94-566. - On motion of Mr. Bange, seconded by Mr. Cole, the following reso- lution was proposed: - RESOLVED by the Council of the Town of Leesburg,, Virginia, as follows: !`OO.4!0 232 MINUTES OF JUNE 8, 1977 MEETING. . The Town of Leesburg' s participation in the National Insti- tute of Municipal Law Officer' s suit challenging the consti- tutionality of the Federal Unemployment Compensation amend- ments, Public Law No. 94-566 is authorized. ,Said participation shall include payment of $92. 50 as the Town' s share of antici- pated court costs, a sworn affidavit from the Finance Director certifying the estimated cost of Federal Unemployment Insurance costs to the Town and personal testimony by the Finance Director at the preliminary injunction hearing in Washington, D. C. , . if required. After a complete and lengthy explanation of the unemployment compen- sation amendments and their effect on Leesburg 'by Mr. Niccolls, the resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-101 - Resolution - Authorizingpublication of proposed budget and _tax levy fr 1977-1978 for public hearing. On motion of Mr. Bange, seconded by Mr. Cole, the following reso- lution was proposed and adopted by a vote of 5 to 2 : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : A Synopsis of the Proposed Budget for the fiscal year be- ginning July 1 , 1977 and ending June 30, 1978 shall be published in the Loudoun Times-Mirror on June 16, 1977, including a Notice of Public Hearing thereon, to be held on June 23, 1977 at 7 : 30 P.M. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Aye: Councilmembers Bange, Cole, Herrell , Tolbert and Mayor Newman. Nay: Councilmembers Rock and Titus . 77-102 - Resolution - Making an appropriation for 1976-77. 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 : The following appropriation is made for the fiscal year ending June 30, 1977 : Account No. and Name Amount 10300. 819 Utility Relocation $ 7 , 922. 54 There was discussion concerning the completion date for this project. It was suggested that, in the future, all contracts will include a penalty clause for time over the contract period and perhaps a bonus . for early completion. The resolution was unanimously adopted: Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. Nay: None. 77-103 - Resolution - Initiating amendment of the. Leesburg Zoning Ordinance, setting a public hearing and re- ferring the proposed amendment to the Planning Commission. On motion of Mr. Herrell, seconded by Mr. Rock; the 'following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: e- 3 MINUTES OF JUNE 8, 1977 MEETING. • � SECTION I. An amendment of the Leesburg Zoning Ordinance to establish flood zone district regulations is -hereby initiated. The text of the proposed amendment is the same as described in a May 27, 1977 memorandum to this Council. SECTION II. A joint Council-Planning Commission public hear- ing on the proposed amendment shall be held beginning at 7 : 30 P.M. , July 21, 1977 and advertised as required by law. The Clerk shall advise the Planning Commission of the time and date of public hearing. • • SECTION III. The proposed amendment is referred to the Plan- • ning Commission for its review and recommendation. Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert and Mayor Newman. - Nay: None. • Mr. Niccolls -reported that Mark Gregory, a former Deputy Sheriff,- will join the Leesburg Police Department tomorrow. He has already completed training. • • Mr. Bange called attention to billboards and signs being posted in town against the Town' s ordinance,• particularly on Edwards Ferry Road in the neighborhood of Loudoun House concerning dances. Chief Kidwell said they are having problems with Crestwood Construction Co. also and with yard sales - it -is hard to catch the people putting them up. If these signs are on private property, there is no problem but it is against the Town' s ordinance to have them on the town right- of-way. Mr. Titus noted in the Times-Mirror today that Mr. Martin and the School Board have been discussing the lawsuit concerning 1 — sewer rates for the Middle School . He expressed his confidence in Mr. Martin and felt that all resources of the Town should be em- ployed by Mr. Martin in the litigation of this suit. Rate structures and other matters have a great effect on the Town. Both Mr. Rock and Mr. Tolbert echoed these remarks. Mayor Newman felt that Council should consider raising rates gradually, rather than all at one time. Mr. Minor said that a complaint registered by Mr. Bange has been taken care of - a letter has been generated on this. Mr. Rock asked if the storm sewer catch basin lids can be locked in. Mr. Niccolls said some of them can be and he will check into this. ' - Mayor Newman inquired concerning a water leak on Wirt Street. Mr. Niccolls reported that this had been repaired yesterday. He said there are a number of repair items on the waterworks crew list - this probably starteiabout two months ago when the crews lowered the water main connection at Market and King Streets. 77-104 - Resolution - Accepting Deed of Easement -from J. Terry Hirst and Helene Hooppaw for storm drainage system. On motion of Mr. Titus , seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: A RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The Deed of Easement made the 27th day of May, 1977 , by and between J. Terry Hirst and Helene Hooppaw 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. 234 MINUTES OF JUNE 8, 1977 MEETING, _ SECTION II.. The Manager is authorized and. directed to re- imburse J. Terry Hirst. and. Helene Hooppaw for legal, costs incurred in the, granting of this easement -in an amount not to exceed $180. 00. Ayer Councilmembers Bange, Cole,- Herrell , Rock,-Titus, Tolbert and Mayor Newman. Nay: None. Mr. Titus said that, if waivers o site plan ordinance are to be granted, those receiving them will have to understand that they can do only what the waiver is granted for. - they must state what they want to do, when the application for waiver is requested. Mr. Niccoll explained that, in the case of Mr. Desrosiers, the Board of Archi- tectural Review had already granted permission for the window change. Mr. Bange also called attention to property on East North Street be- ing remodeled by Mr. Whitmore. On motion of Mayor Newman, seconded by Mr. .Cole, Council voted unanimously to .go into executive session to discuss legal and per- sonnel matters at 9 : 30 P.M. : Aye: Councilmembers Bange, Cole, Herrell , Rock„Titus, Tolbert and Mayor Newman. Nay: None. Council reconvened at 10: 09 P.M. 77-105 -;Resolution. - Authorizing_iari offer tbcHarry _.Sollars; let-ux [ w ; r. . •-fornanueasementirequ•iredafor construction of storm drainage improvements and authorizing the Town Attorney to institute condemnation proceedings in the event the offer is refused. On.motion of Mr. • Cole, seconded by Mr. Herrebl, 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 $10, 145. 00 cash for the storm drain easement described on the plat hereafter referred to on condition that the title to the lands affected is free and clear of all defects,, liens or conditions which could inhibit the use of the area for the purposes intended; the easement will be 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 within five days from receipt, the Council hereby declares that an essential public necessity exists for the acquisition of the easement by condemnation and does hereby authorize the town attorney to file the requisite petition for condemnation on behalf of the Town of Leesburg, and the costs therefor are appropriated from the storm drainage construction fund. Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert and Mayor Newman. _ Nay: None. There being no further business, the meeting was adjourned at 10: 11 P.M. (� Mayor ler of t, e Council