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HomeMy Public PortalAbout1980_08_27 MINUTES OF AUGUST 27, 1980 MEETING. The manager is authorized and directed to purchase a 1981 289 Ford cab and chassis equipped in accordance with the specifications issued by the Director of Public Works at a cost not to exceed $8, 025. 00 Aye: Councilmembers Bos , Herrell, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. 80-99 - RESOLUTION - AUTHORIZING PURCHASE OF PARKING METERS . On motion of Mr. Bos , seconded by Mrs . Hill, the following resolution was proposed: WHEREAS , the FY 1981 budget provides funds for replacement of parking meters; and WHEREAS , bids were received from two firms interested in providing parking meters and the bid of Duncan Industries was found to be the best bid: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : COCO SECTION I. The manager is authorized to enter into a con- (v tract in a form approved by the Town Attorney with Duncan W Industries, Division of Qonaar Corporation, 751 Pratt Blvd. , a Elk Grove Village, Illinois 60007, for the purchase of Q meters for 231 parking spaces in line with the August 15, 1980 bid of Duncan Industries at a cost not to exceed $23, 713. 62 plus trade-in allowance for used meters for 231 parking spaces . SECTION II. An appropriation is made from the General Fund to Account No. 10110 . 870 , Parking Meters, in the amount of $23, 750 . 00 for the fiscal year ending June 30 , 1981. Mr. Minor said this will replace all of the meters - both in the parking lot and on the streets . Mr. Herrell asked if we have to Pay the whole amount? Mr. Minor explained that we are getting these meters from Duncan. The present ones were bought from POM about four years ago and, for the past two and one-half years, we have been in extensive negotiations with them - they have re- placed some of the meters , put in new parts and done all kinds of things. They are just bad meters and we have received an unac- ceptable number of complaints . There is no longer any guarantee on these meters . Mr. Bos asked the expected life of new meters? Mr. Minor said they should last five to ten years. The Duncan meter, which we have had before, is a different kind of mechanism and no problem is anticipated whatsoever, with them. There was about $1200 difference in the bids, but they would not even con- sider POM. The resolution was unanimously adopted: Aye : Councilmembers Bos, Herrell, M. Hill , Tolbert, Willis and Mayor Rollins. Nay : None. 80-100 - RESOLUTION - MAKING AN APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30 , 1981 . On motion of Mrs. Hill, seconded by Mr. Herrell, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 14020 . 285, Potter 's Field, in the amount of $13, 000 . 00 for the fiscal year ending June 30 , 1981. MINUTES OF AUGUST 27, 1980 MEETING. 290 Mrs . Hill explained that this is $13, 000 over the original $16, 000 price, making a total of $29 ,000 . Mr. Minor said the only thing they will be spending is for salaries - the $13, 000 - this is a lump sum amount. The tools and miscellaneous equipment are all different and we expect them to come in a little lower. The $13, 000 is a maximum figure - it might be another thousand. They believe there are 101 graves . Mayor Rollins asked if some- one is verifying these graves? Mr. Minor said Yes, they have been to Williamsburg and talked with the senior archeologist for the State of Virginia and he has confirmed that these are remains, though some of them are just bags of dirt in many cases. He said they are confident that they are not misleading us. Mr. Willis asked if this includes disposing of the remains? Mr. Minor said it does not include reinterment - it includes accession of the re- mains to a repository such as museum, a higher educational in- stitution or whatever for a very long term - anywhere from 50 to 75 years - where these remains would undergo various tests and study by archeological scholars. Mrs. Hill asked if we will be able to get any of these remains back here for the local museum? Mr. Minor said Yes, the contract says the town approves any tem- porary or long-term storage of any of the material . We specifi- cally mention that we want to get these artifacts, etc on temporary display at the museum. He cautioned, however, that there is some question as to whether things found on the human body should not be returned to it when it is reinterred. Mrs. Hill felt that museums are full of such things. Mr. Minor said our contract says the coun- cil can get all the artifacts if it wants to, but the archeologist has mentioned that this would2B4. the ethical thing. Mrs. Hill said Mr. Winter felt it would take a Court Order - perhaps we should have our Town Attorney investigate whether there is any legal restriction on this. Mayor Rollins asked when they expect this work to be com- pleted? Mr. Minor said another four to six weeks. Mrs. Hill said Mr. Winter is leaving to go back to school, but he is leaving a crew here. The resolution was unanimously adopted : Aye : Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. 80-0-13 - ORDINANCE - AMENDING SECTION 11-12 OF THE TOWN CODE. On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow- ing ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. Section 11-12 of the Town Code is amended to read as follows : Sec . 11-12 . Disorderly conduct in public places . (a) Disorderly conduct by any person shall be unlawful. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm or reck- lessly creating a risk thereof, he : ( 1) In any street, highway, public building, or while in or on a public conveyance, or public place en- gages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under Title 18 . 2 of the 1950 Code of Virginia, as amended; or ( 2) Wilfully, or being intoxicated, whether wilfully or not, disrupts any meeting of the governing body of any political subdivision of this state or a division or agency thereof, or of any school, literary society or place of religious worship, MINUTES OF AUGUST 27 , 1980 MEETING . if such disruption prevents or interferes with 291 the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is intended; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under Title 18 . 2 of the 1950 Code of Virginia, as amended. (b) The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any person who may be called upon for such purposes. (c) A person violating any provision of this section shall be guilty of a Class One misdemeanor and upon con- viction may be confined in jail for not more than twelve months and fined not more than $1, 000 .00, either or both. (Sec. 18 . 2-415, Code of Virginia) CO SECTION II . This ordinance shall be in effect upon its CO passage. W Mrs. Hill asked the Town Attorney if this comes directly out of the State Code? Mr. Martin said this is the new amendment to the State Q Code, effective July 1980 . The ordinance was unanimously adopted: Q Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. Nay : None. PROPOSED ORDINANCE AMENDING CHAPTER 10 OF THE TOWN CODE. On motion of Mr. Tolbert, seconded by Mrs. Hill, a proposed ordinance amending Chapter 10 of the Town Code, a portion of which concerns the removal and disposition of unattended vehicles, was proposed. Mr. Bos was concerned that a car belonging to someone on vacation, on which a license plate, sticker or inspection sticker might have expired and which might have remained in the same location for ten days without being moved, could be removed. He proposed some sort of language change. Mr. Martin said he followed the language of the State Code - this being an amend- ment this year, and he did not feel it should be changed. On motion of Mr. Bos , seconded by Mrs. Hill, Council voted unani- mously to send this ordinance back to the Finance and Adminis- tration Committee for reconsideration : Aye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor. Rollins. Nay : None. 80-101 - RESOLUTION - AUTHORIZING STREET RESURFACING. On motion of Mr. Willis, seconded by Mr. Tolbert, the follow- ing resolution was proposed : RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I. The 1981 street resurfacing program is approved as follows : - East Market Street, westbound lane between the by-pass and Sycolin Road. - East Market Street, eastbound lane between Plaza Street and the by-pass. - Sycolin Road, East Market Street to the old railroad right-of-way. MINUTES OF AUGUST 27 , 1980 MEETING. 292 - Harrison Street, East North Street to Edwards Ferry Road. - Monroe Street, South King Street to its deadend. - Fort Evans Road, East Market Street northeast 700 feet. - West Market Street, Ayr Street to Loudoun Street. - East Market Street, Barrister Building to east property line of Bishop and Criste. SECTION II . The manager shall enter into a contract with the Tri-County Asphalt Company for street resurfacing in accordance with specifications issued August 20, 1980 by the Director of Engineering and the firm's August 27 , 1980 bid at a unit price of $26 . 00 per ton. SECTION III . An appropriation is made from the General Fund to Account No . 10110 . 820 , Resurfacing, in the amount of $62 , 400 . 00 for the fiscal year ending June 30, 1981 . Mayor Rollins asked how many bids were received? Mr. Minor said there were two - Superior Paving Corporation, at $29 . 74 a ton and Tri-County Asphalt, at $26 . 00 a ton. The low bid is recommended. This work can be completed by October 17th . The resolution was unanimously adopted: Aye: Councilmembers Bos, Herrell, D. Hill , M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None. It is noted that Mr. Hill joined the meeting prior to the vote on the foregoing resolution. SELECTION OF A CABLE TELEVISION FRANCHISEE. Mayor Rollins said the matter of a cable television franchise has been presented to the Council and to committees of the Council on numerous occasions . The last time was a public meeting with the full Council , at which time the applicants were allowed to present their argument and proposal to the Council. It was also a time for the public to make any comments concerning cable tele- vision, either their views for or against it, or which company they might prefer. He indicated at that time there would be no further comments from the applicants or from anyone else - there has been enough testimony concerning this matter. On behalf of himself, and he believed for each member of the Council, the attitude of the applicants is appreciated - they have been forthright and comprehensive in their proposals and he felt they are all able to do the job. It has been a very intense struggle, to say the least. He didn 't think there is anyone sitting around the table that has not been contacted many times, which is cer- tainly part of the democratic process . Parliamentary-wise, there are four resolutions (one for each company that has presented a proposal) . He will recognize Mr. Herrell first since he is Chairman of the committee that con- sidered this matter. This will not be a unanimous decision and it won ' t be a decision that was with a majority because the com- mittee was split three ways. Also, parliamentary-wise, this vote requires a majority vote and the first resolution to receive a majority vote (which is four) will be awarded the franchise. The voting will stop at that point. If nobody receives a majority, it will be up to the Council as to how to proceed from there. If any member abstains from voting, the parliamentary procedure is that that vote goes with the prevailing side. If the vote should be three to three, with one abstention, there is no prevailing side, so the motion would fail . Even though comments from the applicants or from the audience have been restricted, if any member of Council wishes to address a question to any applicant or to anyone else, the Council has that prerogative. MINUTES OF AUGUST 27 , 1980 MEETING . 293 PROPOSED RESOLUTION SELECTING LEESBURG-LOUDOUN CABLE TV, INC. (MATRIX) AS FRANCHISEE. Mr. Herrell said that, in his opinion, the company that gave the Town the best proposal is the company recommended by the Town staff, which is Matrix, with the local name of Leesburg-Loudoun Cable TV. , Inc. He believed that this company can provide the service and that it has the financial capability to provide the service - this is his first choice. He would have preferred that Matrix be the last to be voted on, however, he was called on first. On motion of Mr. Herrell, seconded by Mr. Hill, the following resolution was proposed: WHEREAS, bids were received on June 11, 1980 from four firms interested in a cable television franchise in Leesburg; and WHEREAS , the bids were evaluated by the Manager and the Finance and Administration Committee; and WHEREAS, certain contracts and documents must be prepared for award of the franchise and this Council desires to state its CO intent to award the franchise upon completion of the neces- Q) sary documents : W THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows : Q Q This Council selects Leesburg-Loudoun Cable TV, Inc. as the firm to be awarded the cable television franchise provided for in Chapter 5. 1 of the Town Code and states its intent to do so at the September 10 meeting of Council, or as soon thereafter as possible upon completion of all docu- ments, and further states its intent to close debate on the issue of cable television franchising in the Town of Leesburg by adoption of this resolution. Mr. Herrell said the Town staff did a very good job - they spent a lot of time and had outside consultant help in their report. They probably know a lot more about the qualifications and the quality of the applicants than he does. Matrix has given Lees- burg a good cable recommendation and he thinks they could do a good job - he would like to see them have it. He felt any of 1 the others could do the job. R Mr. Hill agreed with the Chairman of the Finance Committee - he thought they had a tremendous task. He complimented both the committee and the staff on doing an outstanding job. In the twelve years he has served on this body, this is probably the most serious and the most pressureddecision he has had to make. He felt the Mayor would go along with this. There have been the sewer plant, the water plant and many other issues that were prob- ably more important but this issue has been by far the most tedious. It ' s unique, and he complimented those bidding on it - they helped the town to design the ordinance. It was refined by some out- side consulting help, which brought it more in line with legal entanglements they might face. They bid on it and each one had a chance to "critique" the others ' bids. How often do you bid on a job and let the other bidders tear you up? He felt the process was right, but it has created another means by which it has made it harder for him to make a decision. He did not think finances really enter into it - cable television is a hot item and no-one would have a problem getting money to build such a system. He related a little story he recently read con- cerning the making of decisions and said he hopes "we get the right potato. " The proposed resolution was defeated by a roll call vote of 5 to 2 : Aye : Councilmembers Herrell and D. Hill . Nay : Councilmembers Bos, M. Hill, Tolbert, Willis and Mayor Rollins . 2 n/' MINUTES OF AUGUST 27 , 1980 MEETING. J Y PROPOSED RESOLUTION SELECTING CATOCTIN CABLE COMMUNICATIONS , INC. (STORER) AS FRANCHISEE. On motion of Mrs. Hill , seconded by Mr. Willis, the "Storer" resolution was proposed. Mayor Rollins saw no necessity to read the remaining resolutions since they all read the same with the exception of the name of the company. Mrs. Hill said she did not agree with the staff report and felt that financial capability was No. 1 . She felt Storer was No. 1. The proposed resolution was defeated by a roll call vote of 4 to 3 : Aye : Councilmembers M. Hill, Willis and Mayor Rollins. Nay : Councilmembers Bos, Herrell , D. Hill and Tolbert. PROPOSED RESOLUTION SELECTING PINEBELT CABLEVISION AS FRANCHISEE. On motion of Mr. Herrell , seconded by Mr. Hill, the Pinebelt" resolution was proposed. Mr. Hill felt Pinebelt should be recog- nized at this point - as far as he knows , they really started negotiations for cable television here back in the early '70s and it died. They were more or less the pioneers to get it this far. Mr. Herrell said Pinebelt seems like a one-individual operation and, if something happened to him, what would happen to the cable TV? He felt he has the right to a vote since Coun- cil has voted on two and has not come up with a successful bidder. He will vote against it. Mr. Hill did not agree with this - he seconded the resolution and he is going to vote for it. The pro- posed resolution was defeated by .a roll call vote of 6 to 1 : Aye : Councilmember D. Hill . Nay : Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis and Mayor Rollins. PROPOSED RESOLUTION SELECTING LEESBURG CABLE COMPANY (MID-ATLANTIC)' AS FRANCHISEE . On motion of Mr. Bos, seconded by Mr. Tolbert, the "Mid- Atlantic" resolution was proposed. Mr. Bos felt it is more of a question of what the size of Leesburg is now, and where it may be five or ten years from now. Mid-Atlantic and Pinebelt are more suited to the needs and the size of Leesburg, both now and five or ten years from now. He felt local management involved with both of these companies would have a heavy influence on the quality of the programming we would be getting. It was difficult for him to pick between the two, but he felt Mid- Atlantic has the better proposal . There has been a lot of specu- lation about other franchises in other areas, but what happens in eastern Loudoun, Fairfax and other areas is not the issue - Leesburg needs a good independent system. Mid-Atlantic has proven itself in Winchester and other areas and he felt it. will prove itself here. He wished Pinebelt had not applied - he thought they could do a good job, but Mid-Atlantic ' s proposal is superior. Mayor Rollins explained why he voted for Storer: (1) He thought their service of mobile vans stood out in their proposal. At least, it impressed him. (2) In his analysis of their presentation, they had the most financially sound organization . ( 3) The propaganda about the Loudoun Times-Mirror is not persuasive with him. He would be the last to say the Loudoun Times-Mirror should have any advantage over .:any other media and he did not see this as giving them any advantage. They will have access, whether they get it by way of an agreement or in some other fashion. The presentation did not say too much about how expensive it is for the Monitor or WAGE or any other media to have access to cable TV. His information is that it would be very nominal, in fact, probably nothing - arrangements could MINUTES OF AUGUST 27, 1980 MEETING. 295 be made, if the proper programming were offered, so that they would have just as much access at a nominal cost as what the Times-Mirror has with their arrangement with Storer. He has dealt on this Council a long time and has seen finan- cially insecure parties receive awards to the detriment of the Town, i. e. , the airport. He did not feel any of the other ap- plicants are financially irresponsible, - but he.-thought Storer has a better financial background and balance sheet than do some of the others. This is important to him. The proposed resolution was defeated by a roll call vote of 4 to 3 : Aye: Councilmembers Bos, D. Hill and Tolbert. Nay: Councilmembers Herrell, M. Hill, Willis and Mayor Rollins. The Mayor called a five minute recess . Council reconvened at 8 : 45 P .M. Mayor Rollins explained the parliamentary situation. In order to reconsider one of these ap- Q) plicants, the motion must be made by someone who voted on the pre- CO wailing side - by someone who voted against the resolution (this CO would be the prevailing side) . w Mr. Herrell said it really bothers him that they pay the Town Q staff, the two people who looked into this for the Town, probably Q well over $50 , 000 combined, as well as an outside consultant, who probably charges around $20 . 00 an hour, and then vote down the ap- plicant they felt was the most qualified. He said he would have a problem in the future voting for the Town staff to spend a lot of time on studies if Council feels that, in this case, they didn 't know what they were doing. This is what Council is saying by voting against Matrix, 'and he did not agree with this . He knew there were other things involved and other reasons for consideration, etc. - He said he would "like one more shot" at the one he feels is best qualified for the job and has asked Mr. Bos if he would move it for him. Mr. Bos said he did not vote for Matrix, but it was not that the Town staff didn 't know what they were doing. If you go over the proposals and accept the staff ' s criteria, he believed the Matrix proposal ends up essentially on top of the pile - they seem to offer the most number of services for the least cost, the most sophisticated system and a number of other things. His problem the first time around was essentially matching the company history to the needs of Leesburg - this is where he found a weakness in Matrix, using his own set of criteria. The staff knows what they are doing - that ' s not the question. It ' s a ques- tion of how you arrange your own personal criteria and how you meld these that are perhaps the most important. It ' s very dif- ficult to establish a list of criteria - a number of these things are so interrelated that it ' s not even a matter of saying one is more important than the other. The whole thing sort of ties to- gether. RECONSIDERATION OF PROPOSED RESOLUTION SELECTING LEESBURG-LOUDOUN CABLE TV, INC. (MATRIX) AS FRANCHISEE. On motion of Mr. Bos , seconded by Mr. Willis, it was proposed to reconsider award of the franchise to Matrix, the vote being unanimously adopted: Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay: None On motion of Mr. Bos , seconded by Mr. Herrell, it was proposed that Matrix be awarded the cable TV franchise for Leesburg. A roll call vote was 5 to 2 , thus defeating this proposal : Aye: Councilmembers Herrell and D. Hill. Nay : Councilmembers Bos , M. Hill, Tolbert, Willis and Mayor Rollins . MINUTES OF AUGUST 27 , 1980 MEETING. 296 RECONSIDERATION OF PROPOSED RESOLUTION SELECTING LEESBURG CABLE COMPANY (MID-ATLANTIC) AS FRANCHISEE. On motion of Mr. Herrell, seconded by Mr. Tolbert, it was pro- posed to reconsider award of the franchise to LeesburgCable Com- pany (Mid-Atlantic) , the vote being unanimous : Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert, Willis and Mayor Rollins . Nay : None. On motion of Mr. Herrell, seconded by Mr. Tolbert, it was pro- posed that Mid-Atlantic be awarded the cable franchise for Lees- burg. Mr. Hill said that, however this vote goes and however it turns out, if there is further litigation by the unsuccessful bid- ders, he does not think the Town should spend any money toward de- fending the suit. This is a lawyer ' s paradise. If there are some outside funds that want to pay our share, he would go with that - otherwise, not. He had received a call from someone today who wanted to know how much this was going to cost him. He told him very plainly it would not cost him a thing unless he wanted to buy the merchandise that was offered. So, if this goes to the point of litigation, he would vote against the Town spending the money for that purpose. . Mayor Rollins said he would go one step further -. he thought the successful applicant should be required to post a bond holding the Town harmless. If there is any question about this , he would have some problems with reconsidering. Mr. Hill said it has been said there was some possibility of litigation - he did not know who they had in mind, but he just wanted to make his position clear on this. A roll call vote was 4 to 3, thus defeating this proposal : Aye : Councilmembers Bos , D. Hill and Tolbert. Nay : Councilmembers Herrell, M. Hill, Willis and Mayor Rollins . RECcNSIDERATION OF PROPOSED RESOLUTION SELECTING CATOCTIN CABLE COMMUNICATIONS, INC. (STORER) AS FRANCHISEE. Mr. Herrell said he voted on the prevailing side on this and he has some real problems with it - the main one being the tie-in with the Times-Mirror. In the past, he has not agreed with a lot of the editorial policy of the Times-Mirror. He felt the Editor is a fine fellow and he has nothing against any individual em- ployed by that paper, however. He felt Catoctin Cable Communi- cations can do the job and that they have the financial capability, as do all the others . He has talked with a lot of people over the last week, some of them involved with Storer, and he has told them that he hoped the local people will have some control and see that they do the job right. On motion of Mr. Herrell, seconded by Mrs . Hill, it was pro- posed and unanimously voted to reconsider the award of the fran- chise to Catoctin Cable Communications, Inc. (Storer) : Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill , Tolbert, Willis and Mayor Rollins . Nay : None. 80-102 - RESOLUTION - SELECTING A CABLE TELEVISION FRANCHISEE. On motion of Mr. Herrell, seconded by Mrs. Hill, the follow- ing resolution to select Catoctin Cable Communications, Inc. (Storer) was proposed and adopted by a roll call vote of 4 to 3 : WHEREAS, bids were received on June 11, 1980 from four firms interested in a cable television franchise in Leesburg; and WHEREAS, the bids were evaluated by the Manager and the Finance and Administration Committee; and 297 MINUTES OF AUGUST 27, 1980 MEETING. WHEREAS, certain contracts and documents must be pre- pared for award of the franchise and this Council de- sires to state its intent to award the franchise upon completion of the necessary documents : THEREFORE, RESOLVED by the Council of the Town of Lees- burg, Virginia, as follows : This Council selects Catoctin Cable Communications, Inc. as the firm to be awarded the cable television franchise provided for in Chapter 5 . 1 of the Town Code and states its intent to do so at the September 10 meeting of Council, or as soon thereafter as possible upon completion of all documents, and further states its intent to close debate on the issue of cable television franchising in the Town of Leesburg by adoption of this resolution. Aye : Councilmembers Herrell, M. Hill , Willis and Mayor Rollins . Nay : Councilmembers Bos, D. Hill and Tolbert . On motion of Mrs . Hill , seconded by Mr . Bos, the meeting was adjourned at 9 :00 P.M. Mayor Clerk of t = Council