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HomeMy Public PortalAbout1980_07_23 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 23, 1980 . 270 A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on July 23, 1980 at 7 : 30 P.M. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Willis. Present were : Mayor Kenneth B . Rollins, Councilmembers Stanley D. Herrell, Jr. , Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis , Jr. ; also Town Manager John Niccolls , Assistant Manager Jeffrey H. Minor, Director of Engineering Andrew G. Shope, Director of Finance Donald O. Taylor and Town Attorney George M. Martin. Absent from the meet- ing were Councilmembers Charles A. Bos and G. Dewey Hill, Jr. The minutes of the regular meeting of July 9 , 1980 were ap- proved as written. PETITIONERS : Mrs . Robert Wiley of 7 West Royal Street requested a "Handi- capped "parking space in front of her house in order that she might more easily get her husband to and from the car to go to the doc- tor twice a week. Mr. Herrell felt it would be better to give her a permit parking space for this purpose . 80-82 - RESOLUTION - DESIGNATING 7 WEST ROYAL STREET FOR RESIDENTIAL PERMIT PARKING. On motion of Mr. Herrell , 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 space in front of 7 West Royal Street shall be desig- nated for residential permit parking only for the residents of that address . Aye : Councilmembers Herrell , M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. On motion of Mr. Herrell , seconded by Mr . Tolbert, Council voted unanimously that the fee be waived because the occupant at that address is handicapped : Aye : Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. The resolution thus reads as follows : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : ' The space in front of 7 West Royal Street shall be desig- nated for residential permit parking only for the residents at that address, and the, fee for said permit shall be-waived because the occupant at that address is handicapped. MANAGER' S REPORT : Mr. Niccolls summarized major parts of the written Activity Report as follows : (1) Work on the HUD funded community development projects is moving along . The consultant counsel authorized on the park site selection has been meeting with members of the staff to identify the site carefully and also to identify what types of facilities should be installed in this park. On the Waverly Heights storm drainage project, proposals have been received from four engineer- ing firms interested in performing the necessary design and con- sulting work associated with this job. A recommendation will be made concerning the consultant later in this meeting. Mr. Minor MINUTES OF JULY 23, 1980 MEETING. 271 and Mr. Shope have secured ten easements for this work - the prop- erty owners were extremely cooperative and readily agreed that the project benefits their properties substantially. We moved ahead of the HUD grant on this because of technical reasons that make it easier to acquire property before a project is approved by HUD. HUD advised last week that the full amount of the application in the amount of $372 ,400 has been approved, so we are ready to go. The money or a letter of credit will be placed with a local bank. It behooves us to move these projects along - they like to see ac- complishment. (2) In checking on the status of our Wastewater Management Facility Plan, he talked with the State Water Control Board recently and found that they have not yet sent the plan to EPA - it is wait- ing for some more technical reviews by some of the review agencies in the State government. They expect to release the plan to the EPA office in Philadelphia by September 1 . They usually take 60 days to approve it so, by the end of the year, we should have both State and EPA approvals. The State would then be in a position, if funds are available, to approve a STEP II contract for Leesburg for design services to actually expand the project. This work CO should then get underway in early 1981 . N ( 3) Work is moving along on East Loudoun Street - curb and w gutter has been formed and poured. Brush pick-up by the recent storms has really slowed down public works actitivy. They did get Q the Airport road patched yesterday. Q (4) Our water pumpage has increased to about 1 . 25 million gallons . (5) We recently completed a re-piping at the Sewer Plant with our forces, based on engineering plans done by BCM which, in turn, were based on a recommendation by our Plant Superintendent, Randy Shoemaker. With only a few days of testing completed, he believes that BOD reduction at the Plant has been improved by the changeover. (6) The storm drainage improvements on South King are moving along - there are some water main relocations required - then they can start excavation for the bridge. (7) A letter was received today from the County, inviting all citizens to a meeting at 8 :00 p.m. , August 11, in the Board of Super- visors ' meeting room to comment on the use of about $100 , 000 in the park bond funds which will be available for permanent park and recrea- tional facilities in Leesburg and Dulles Districts . 80-83 - RESOLUTION - REQUESTING LOUDOUN COUNTY BOARD OF SUPERVISORS TO CONSIDER PURCHASE OF FORMER IZAAK WALTON TRACT AS A PARK FOR THE LEESBURG-DULLES DISTRICT. Mayor Rollins said the above-mentioned meeting will take place prior to the next meeting of Council . Some members of Council have expressed their feeling to see the old Izaak Walton tract become a permanent park for the Leesburg area. There is a pond there and room for a community center. Mrs . Hill has written a letter to the Chairman of the Board, expressing her feeling to purchase this tract. He asked if Council wishes to formally adopt this project before the next meeting of Council? Mr. Herrell asked if this is one of their options? Mayor Rollins said it is not. Mr. Niccolls felt the price of the Izaak Walton tract is substantially in excess of the $100 , 000 available - he has heard the asking price is in the $500, 000 range. This money could perhaps be matched from Bureau of Outdoor Recreation funds, making $200, 000 available for land acquisition. Spending money at the community center on East Market Street would certainly benefit a lot of people - there is a high de- gree of use of that facility - the meeting room, the sports activity and the outdoor play areas . Mr . Herrell felt the Izaak Walton tract would make a good recreational area, but this $100 , 000 will have to • be divided. Mr. Tolbert understood that this $100 , 000 would be for Leesburg alone. On motion of Mrs . Hill, seconded by Mr. Willis, the following resolution was proposed: MINUTES OF JULY 23, 1980 MEETING. 272 RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Loudoun County Board of Supervisors ' is requested to consider the purchase of the former Izaak Walton tract as a park for the Leesburg-Dulles area. There was no objection to considering this resolution tonight. Mr. Herrell said he was not going to vote for this - he felt the money could better be used to help or aid facilities in the existing parks . Mr. Willis said Douglass is completed. Mr. Tolbert felt there might be a problem with the Izaak Walton property inasmuch as the building is occupied by the Antique Center. Mrs . Hill said there would be ample notice to them. A roll call vote on the reso- lution was 3 to 2 : Aye : Councilmembers M. Hill , Willis and Mayor Rollins . Nay: Councilmembers Herrell and Tolbert. Mayor Rollins asked Mrs. Hill to attend that public hearing and present the majority feeling of the Council to explore the possi- bility. of purchasing that tract: for .a park. COUNCILMEMBER INQUIRIES AND COMMENTS : Mrs. Hill said someone had asked her why the town paid $20 .00 for the easements in Waverly Heights when they thought $1. 00 was the customary token payment. Mr. Niccolls said, even though this project is a benefit to the property owners, we are taking their time and it leaves a good feeling that the town is willing to pay this amount. We have had a great deal of success with this payment. Mr. Herrell said he received a call from a local resident about Senate Bill 2827 , which has something to do with cable television. He understood the cable TV people would not have to pay anything for local jurisdiction and that they would have no obligation for origination of local programming, etc. He asked that Mr. Niccolls check on this . He suggested that John Hanson in Montgomery County might know something about this. Mr. Niccolls said this will be checked out so that Council might express its feeling to the Senate and the House. Mr. Tolbert said he had a call today from the Justice Depart- ment concerning voter registration dates . Mr. Niccolls said he is referring to a letter from that Department indicating that the U. S. Attorney General does not object to the annexation of the 300 acres to the Town of Leesburg . They inquired concern- ing the names and telephone numbers of minority members of the Council. Their obligation is apparently to determine whether this act is part of some attempt to affect the right of citizens to vote. Apparently they were calling Mr. Tolbert for more infor- mation. MAYOR'S REPORT: Mayor Rollins , in talking with some residents of Heritage Square, was amazed to find that residents of Adams Drive have to pay for trash pick-up out of their Association dues since this is a privately owned street. He asked if this is the only place this is done? Mr. Niccolls said he believed this is the only owner-occupied project that has this particular arrangement. There are a number of renter-occupied projects where the owner must pay for refuse collection service to those large hoppers. The town does not provide hopper service as a part of its basic service . Our service provides pick-up on a public street from proper containers at the curb line . We do provide a certain level of commercial service at the curb - there are 100 some odd businesses in Leesburg that have this service at no additional cost to them. Other businesses require a hopper or container and they have to pay someone for that service. If they use our collector, we 'll give them a credit toward his charges. Mayor Rollins was concerned that the Planning Commission allows these private rights-of-way. When a big snow occurs they call the town MINUTES OF JULY 23, 1980 MEETING. 273 fo clear it or, if there are potholes, they call the town to fix them. These things are not the town ' s responsibility be- cause it is a private right-of-way. He feels the town should not continue to permit these private rights-of-way to exist in these developments . Mrs. Hill said she will talk to the Commis- sion about this . However, she said the streets in the Rock Springs townhouse development are private, but they have free trash collec- tion. Why should one have free collection and another not? Mr. Niccolls said perhaps they put it out in containers at the street. Mrs. Hill said at one time there was a central fenced-in location for the trash. The garbage truck does come in on private property. Mr. Niccolls said it may be an arrangement for the hopper collec- tion. Otherwise, they might choose to put it out at the street. Mayor Rollins did not think it fair for some to have to pay for private collection because it is on a private street - these peo- ple pay taxes as well as those who do have free collection. Mr. Niccolls said MICA is making a study of our refuse collection sys- tem and this will be taken up by the committee before long. We might offer a uniform degree of service to all residences, prop- erty owners or businesses in the community, but we would probably be spending another $50, 000 or more to do this. CO Mayor Rollins asked if capital projects (specifically Town CO Branch) are advertised in the local paper or if local contractors N receive notice concerning bids? A couple of the contractors are W angry because they did not know about or have an opportunity to bid on these projects . Was it advertised in the local paper? Q Mr. Niccolls said we had one local bidder on this particular Q project. Mayor Rollins asked if we have such a policy? Mr. Niccolls said our objective is to get as many bids as possible, but we do not have a written policy. Mr. Shope said this one was sent to 10 or 12 local contractors who were qualified. It was advertised in either the Times-Mirror or the Washington Post. We also notify Dodge and Blue Reports to put it out on their lines so the contractors can pick it up there. Mr. ...Niccolls said we do not have a formal policy but we will work on one. There is a .policy in the approved Purchasing Manual that favors the local bidders up to a certain amount. Mr. Herrell asked if the same company that excavated on this particular job is not the same one building the bridge, etc. ? Mr. Niccolls said it is. Mayor Rollins felt the local contractors should be made aware of bids, or through personal notice of some kind. Mr. Niccolls said they had hoped to have a local low bidder on this work, but their bid was too high. Perry did excellent work on the other drainage channels and the bridge on Catoctin Circle. Mr. Niccolls said, unless there is a time press imposed by a Federal deadline, we advertise locally because it is cheaper. Mayor Rollins felt it should always be in the local paper. 80-84 - RESOLUTION - REQUESTING A PLAN FOR AN IMPROVED STREET NAME AND HOUSE NUMBERING SYSTEM. On motion of Mrs . Hill, seconded by Mr. Willis, the following resolution was proposed: WHEREAS, the house numbering plan in Leesburg does not identify the location of properties as within a speci- fied block; and WHEREAS, fire and rescue agencies serving Leesburg recom- mend improvements to the house numbering plan : THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The manager is directed to prepare a plan for an improved house numbering system and to submit the plan to this Council for review by November 1, 1980 . The plan shall include a schedule for implementation, draft legislation necessary to adopt a new system and recommendations for securing public understanding and acceptance of a new system. 274 MINUTES OF JULY 23, 1980 MEETING. Mr. O. R. Dube, Fire Marshal for the Town of Leesburg and for Loudoun County, read a prepared statement in support of such an improved system. In some cases , it would be advisable to change the house numbers, and street names as well, in order to more quickly recognize and identify the scene of any emergency. Mr. Herrell felt such a plan would have to be a lot more com- prehensive than just changing house numbers . Mrs. Hill said they just changed the rural route numbers in the County. Al- so, care would have to be exercised in naming streets, so that there is not duplication in the County. On motion of Mr. Her- rell , seconded by Mr. Tolbert, it was proposed to refer this resolution back to the Finance and Administration Committee. Mr. Willis felt it takes too long to go back to committee. The motion to send it back to committee was withdrawn by Mr. Herrell and Mr. Tolbert. There being no objection to changing the resolution to include "street name and" , on motion of Mrs . Hill, seconded by Mr. Willis, adoption of the resolution as changed was proposed and reads as follows: WHEREAS, the house numbering plan in Leesburg does not identify the location of properties as within a specific block; and WHEREAS , fire and rescue agencies serving Leesburg recom- mend improvements to the house numbering plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The manager is directed to prepare a plan for an improved street name and house numbering system and to submit the plan to this Council for review by November 1, 1980 . The plan shall include a schedule for implementation, draft legislation necessary to adopt a new system and recom- mendations for securing public understanding and accept- ance of a new system. Mayor Rollins understood Mr. Dube 's point of view, but this is a real "bug-a-boo" when you start changing people 's addresses. Mrs . Hill pointed out specific changes thatwould possibly be needed. Mr. Herrell felt they might as well change all the streets if there is a problem now. Mayor Rollins said there are so many things involved when you change an address - it takes a long time to get it all straightened out. After further discus- sion, Mr. Herrell said he would vote for it only if it is done right. Mr. Niccolls said all we would have to do is notify the owners that such changes should have been made under existing practices. Mr. Willis said Purcellville is going to do this and the County has plans for it also. Even if just one life is saved, it will be worth it. The resolution was adopted by a roll call vote of 4 to 1 : Aye: Councilmembers Herrell, M. Hill, Tolbert and Willis . Nay : Mayor Rollins . 80-85 - RESOLUTION - ACCEPTING DEED OF DEDICATION FOR EASEMENTS FOR PUBLIC IMPROVEMENTS IN PARCEL "D" OF HERITAGE SQUARE . On motion of Mrs . Hill , seconded by Mr. Herrell, the follow- ing resolution was proposed : WHEREAS , the developer of Parcel "D" of Heritage Square has requested that the easements as shown on the plat prepared by Fred T. Wilborne, Jr. , Certified Land Sur- veyor, dated October 4 , 1979 , and the easement dedication instrument provided be approved and accepted by the town, and WHEREAS, it is in the interest of the town to secure these easements; 275 MINUTES OF JULY 23, 1980 MEETING. NOW, THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : SECTION I . The easements as shown on the easement plat pre- pared by Fred T. Wilborne, Jr. , Certified Land Surveyor, dated October 4 , 1979, for Heritage Square Parcel "D" are accepted subject to the town attorney ' s review of the ease- ment dedication instrument and plat. SECTION II . This easement acceptance in no way accepts the facilities within these easements for maintenance by the town. SECTION III . The public improvements for this development will be accepted at a later date after final inspections and certifications by the Director of Engineering have been completed and all requirements satisfied. SECTION IV. The Mayor is authorized to acknowledge this easement on behalf of the town . Mr. Niccolls explained that the new structures going up on the east side of existing Heritage Square require underground utili- ties - sanitary sewer, water mains and there are some storm sewer easements there. These facilities will be publicly. dedi- cated - approval of this instrument accepts these easements through this site. Mayor Rollins asked Mr. Shope if he has been in touch with Mr. Shor concerning the parking lot on Adams Drive? Mr. Shope said he has not - the roads in the new section will still be private ones . However, he feels these have been de- signed a little heavier than the others. Mayor Rollins asked Mrs . Hill to take this type of thing to the Planning Commission - they should prohibit private streets and parkways. Mr. Niccolls said, since there are no public streets in which these utilities would lie, they run across the land areas of the development. There followed lengthy discussion concerning the design of the I/ entrance to the new development down there between Mayor Rollins, Mr. Shope and Mr. Niccolls . Mr. Shope said that entrance meets the town ' s minimum design standards . Mr. Niccolls said the control mechanism is in the present land development regulations . Mayor Rollins felt the Planning Commission should "crack down" on private access roads and parking areas. The resolution was unanimously adopted: Aye : Councilmembers Herrell, M. Hill , Tolbert, Willis and Mayor Rollins . Nay : None. 80-86 - RESOLUTION - EXTENDING TIME FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR PART OF PARCEL M, SECTION I, VIRGINIA VILLAGE. On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol- lowing resolution was proposed : WHEREAS, Council Resolution No. 79-95 authorized an agree- ment and approved a performance bond to guarantee installa- tion of public improvements and approved water and sewer extensions for part of Parcel M, Section I, Virginia Vil- lage, and WHEREAS , the bonding conditions outlined in Resolution 79-95 have been satisfied and reviewed and approved by the Town Attorney, and WHEREAS, the agreement signed by the developer on June 13, 1979 required the public improvements to be completed within one year of that date, and WHEREAS, the developer has requested a one year time ex- tension for installation of the required public improve- ments, and 276 MINUTES OF JULY 23, 1980 MEETING. WHEREAS, the Director of- Engiineeringrecommends that the channel improvements to Tuscarora Creek be included in the first phase of construction for the project : NOW, THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The time for installation of public improve- ments for part of Parcel M, Section I, Virginia Village is extended until June 13, 1981 . SECTION II. The developer of the project shall include the channel improvements to Tuscarora Creek in his first phase of construction. Mr. Herrell asked if they are going to do this work now, or is this just a delaying tactic? Mr. Shope said he did not know - they are interested in selling the property as a package. Mr. Herrell asked why they want the extension then - why wouldn' t the new people want to come in and negotiate this ? Mr. Niccolls explained that if this project is abandoned (much of it is in the flood zone and the warehouse package was approved before the flood zone was created) , the new owner would have a more difficult time getting a practical use on that land - it would involve even more complex construction than this one. They want to market it as a package - it would be ready for a new developer. The town holds a first deed of trust on these improvements, with George Martin named Trustee. Mr. Herrell asked what then is our advan- tage? Mr. Niccolls said we cannot answer that - the first year extension is usually routinely given. Mr. Niccolls said if Coun- cil wants to table this matter, they can come back and give them some answers. If we would deny it, he believed we would be obli- gated to exercise on that trust and install the improvements our- selves, or declare the project has lost its approvals and can 't move forward at all, so the warehouses are dead. There may be other alternatives to explore. Mr. Herrell was interested in having the creek project completed. Mr. Niccolls thought the chances of getting the creek project completed are better by the proposed action. If nothing happens in the next year, it will have to be re-evaluated - declare it in default, rescind its approval of the contract of performance and declare the earlier zoning approval invalid. A zoning permit does not last forever. If it is sold, the new developers could build only warehouses. The resolution was adopted by a vote of 4 to 1 : Aye : Councilmembers Herrell, M. Hill, Tolbert and Willis . Nay : Mayor Rollins . 80-87 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING SER- VICES FOR DESIGN OF WAVERLY HEIGHTS STORM DRAINAGE IMPROVEMENTS AND MAKING AN APPRO- PRIATION. On motion of Mr. Tolbert, seconded by Mr. Willis, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The manager is authorized and directed to enter into a contract on behalf of the town in a form approved by the Town Attorney with Bengtson, DeBell, Elkin and Titus, Centreville, Virginia, for design and construction services for the Waverly Heights storm drainage project. The terms of the contract shall be in accordance with the town' s Request for Proposal issued July 7 , 1980 and Proposal #80-49 submitted by Bengtson, DeBell, Elkin and Titus in corres- pondence dated July 18 , 1980 . Charges for services will be on an hourly basis, not to exceed $9, 850 . 00 . SECTION II. An appropriation is made from the General Fund to Account No. 10110 . 855, Waverly Heights Storm Drainage, in the amount of $10, 000 for the fiscal year ending June 30, 1981. MINUTES OF JULY 23, 1980 MEETING. 277 Mr. Willis said the only discussion the committee had was that the roadway on Davis Avenue might be a little higher than de- sired. The resolution was unanimously adopted: Aye : Councilmembers Herrell, M. Hill , Tolbert, Willis and Mayor Rollins. Nay : None. 80-88 -. RESOLUTION - AUTHORIZING AGREEMENTS FOR EMPLOYEE GROUP INSURANCE. On motion of Mrs. Hill, seconded by Mr. Herrell , the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The Manager is authorized and directed to enter into in- surance agreements with the Commonwealth Life Insurance Company through W. A. Watson & Sons Insurance Agency, 106 North Main Street, Farmville, Virginia 23901, for employee group insurance as follows : COCO (a) $10 , 000 Life, accidental death and dismemberment N policy for all full-time employees at a monthly W premium of $0 . 45 per $1, 000 coverage, with the town paying all costs for the insurance. Q (b) Accident and illness insurance for all full-time employees providing a two year 60 percent indem- nity with a 30 day benefit elimination period at a premium of $1 . 30 per $100 payroll, with the town paying all the costs for the insurance. (c) Basic and major medical health insurance for all full-time employees as described in a June 24, 1978 proposal from W. A. Watson, III, of Commonwealth Life Insurance Company with the town paying the cost for the employees ' coverage at revised pre- mium rates, effective July 1, 1980 as follows : Individual employee $38 . 94 per mo. Employee and spouse only 84 . 01 " Employee and family 89 . 93 " Employee and dependent children 58 . 21 " Mr. Niccolls called attention to the memo from Mr. Taylor con- cerning this . They had anticipated a higher increase than actually occurred, so this is well covered in the budget. They consider this price to be very competitive and the service received is exemplary. This is a monthly premium and runs for one year. Joe Kelly is the local representative. The resolution was unanimously adopted: Aye : Coundimembers Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. 80-89 - RESOLUTION - AUTHORIZING INSTALLATION OF FIRE DETECTION AND SIGNAL EQUIPMENT AT THE STEPHEN DONALDSON SILVERSMITHY AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I . The manager is authorized and directed to in- stall fire detection and signal equipment at the Stephen Donaldson Silversmithy at a cost not to exceed $800 . MINUTES OF JULY 23, 1980 MEETING. 278 SECTION II . An appropriation is made from the General Fund to Account No. 10210 . 802, Log Cabin Restoration, in the amount of $800 for the fiscal year ending June 30, 1981 . Mr. Willis explained that thisl/a wireless detection system - there are five detectors - one downstairs and two on each of the other floors, with a dialer in the basement. It is a very good system and is for any time protection. It is a pre-recorded message that gives the address and that it is on fire or that there is a prob- lem. Leesburg Fire Protection will be installing the system. Mrs. Hill said the Restoration and Preservation Society might possibly — pay us back for this amount - they will take it up at their next meeting. They would like to use the money from the antique shows. She understood this would be wired for burglar alarms also. Mr. Willis said it will have the capability for such a system. Mr. Herrell felt a burglar alarm system should be paid for by the renter. Mr. Herrell asked if we have fire insurance on this building. Mr. Niccolls said this amount was not called for in the budget, but our estimated one year unappropriated balance indicates there will be some funds available for this supplemental appropriation. The resolution was unanimously adopted: Aye: Councilmembers Herrell , M. Hill, Tolbert, Willis, and Mayor Rollins. Nay : None. 80-90 - RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG AIRPORT COMMISSION. On motion of Mr. Herrell , seconded by Mr. Tolbert, the fol- lowing resolution was proposed: WHEREAS, the Leesburg Airport Commission has unanimously endorsed the following appointments: THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : The following appointments are made to the Leesburg Air- port Commission for the terms indicated herein. (1) Claude C. Arthur for a term expiring June 30, 1984 . (2) John Jacobs for a term expiring June 30 , 1984 . On motion of Mr. Herrell, seconded by Mr. Tolbert, Council voted unanimously to amend the resolution by deleting Item (2) : Aye: Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. The resolution, as amended, was unanimously amended : Aye: Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. Mayor Rollins asked Mr. Tolbert to look into the appointment of Mr. Jacobs for the next meeting. 80-91 - RESOLUTION - ACCEPTING DEEDS. OF EASEMENT CONSTRUCTION AND MAINTENANCE OF A STORM DRAINAGE SYSTEM IN THE WAVERLY HEIGHTS SUBDIVISION. On motion of Mr. Tolbert, seconded by Mrs. Hill, the follow- ing resolution was proposed: MINUTES OF JULY 23, 1980 MEETING. 279 RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : The following deeds of easement granting a temporary right to the town .for construction of a storm drainage facility and permanent right to the town for future maintenance of the storm sewer facility are accepted and the Mayor is au- thorized to acknowledge the same on behalf of the Town : ( 1) Deed of Easement made the 11th day of July, 1980, by and between Margaret Titus Woodzell and the Town of Leesburg; ( 2) Deed of Easement made the 13th day of July, 1980 , by and between Richard T. & Nancy Lee Embrey and the Town of Leesburg; ( 3) Deed of Easement made the 14th day of July, 1980, by and between Mary Lane and the Town of Leesburg; (4) Deed of Easement made the 15th day of July, 1980 , by and between Frank M. & Hazel L. Church and the Town of Leesburg; (5) Deed of Easement made the 18th day of July, 1980, by and between John & Margaret Middleton and the Town of Leesburg . ( 6) Deed of Easement made the 18th day of July, 1980, by and between Wilbur C. & RoseLee B . Ramey and the Town of Leesburg; • (7) Deed of Easement made the 21st day of July, 1980 , by and between Paul D. & Violet Jackson and the Town of Leesburg; (8) Deed of Easement made the 21st day of July, 1980 , by and between Hayward & Rachel Coe Broom and the Town of Leesburg; (9) Deed of Easement made the 21st day of July, 1980, by and between James J . & Virginia J. Fletcher and the Town of Leesburg. ( 10) Deed of Easement the 21st day of July, 1980, by and between Violet Harris and the Town of Leesburg. Mayor Rollins said we have already authorized an engineer on this project - how can you get an easement before you have the plans? Mr. Niccolls explained that this is a Federal aid proj- ect and the acquisition of this land needed to precede the ap- proval, the signature and the return of the Federal Grant papers. Once those papers are signed, land acquisition rules under the HUD guidelines go into effect. These rules are com- plex and are not in the town 's interest. This would raise the cost of this project substantially and delay it. We, therefore, took the initiative to secure easements that were approved by Mr. Martin in form, which calls for an easement described in re- lation to the rear property lines . The easements are not specific as to a plat, but are sufficiently specific so that I/ a piece of land can be identified from them. They are giving permanently 20 feet on either side of the centerline of thet pipe to be installed. The assumption is that the pipe will be located within a 50-foot stretch of land going down through those properties . This is for temporary construction purposes. The permanent easement will be 20 feet wide centered on the storm sewer pipe to be installed within the temporary easement. The exact boundaries of the permanent easement will not be known until the pipe is installed . Mayor Rollins said these people have given these easements not knowing what is going to happen. He is concerned about how high the drainage easement is going to be built over and above their terrain - there will have to be a lot 280 MINUTES OF JULY 23, 1980 MEETING. of fill dirt required. Mr. Shope said Council has just awarded the contract for design and it is not fixed yet. There was dis- cussion concerning the design, with Mayor Rollins feeling it will definitely be above the terrain of their properties. Mr. Niccolls said it will be designed over the next 60 to 90 days. He said the town is attempting to benefit their properties and he is confident, with the excellent engineering firm that has been retained and Mr. Shope ' s review of their plans, that they will be satisfied with the work. Mayor Rollins reiterated that the problem is that these back yards will be going down very sharply and he feels there will be a problem. He knew Mr. Embrey, Mrs. Woodzell and Mrs. Church have talked to Mr. Shope about some fill dirt. Mr. Shope was aware of this . Mayor Rollins asked if anything is to be done on the south side of Davis Ave. ? Mr. Niccolls said Yes, all the way out to the high- way - this is in a street right-of-way now. Mr. Tolbert asked if this affects Lucien Champ? Mr. Minor said it must not if it is not among these deeds. The resolution was unanimously adopted: Aye: Councilmembers Herrell, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. on motion of Mr. Tolbert, seconded by Mr. Herrell, the meet- ing was adjourned at 9 :25 P .M. Mayor Zee � � Clerk of tk Council