HomeMy Public PortalAbout1980_09_24 308
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 24 , 1980 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on September 24 , 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 Charles A. Bos,
Stanley D. Herrell, Jr. , G. Dewey Hill , Jr. , Marylou Hill, John W.
Tolbert, Jr. and Howard M. Willis , Jr. ; also Town Manager John
Niccolls , Assistant Manager Jeffrey H. Minor, Director of Engi-
neering Andrew G. Shope and Town Attorney George M. Martin.
The minutes of the regular meeting of September 10 , 1980
were approved as written.
MANAGER'S REPORT :
(1) Mr. Niccolls called attention to the written Activity
Report which was distributed Friday with the packet .
(2) The new apron at the Airport was paved over last week-
end and it looks like a good job . This is the Airport Improve-
ment Project undertaken last construction season and which was
tied up in the winter weather and some storm drainage problems .
This project can be closed out in the next couple of months .
Airport parking will then be available. The importance of this
project is that the FBO can use this facility to draw additional
aircraft on paved parking and increase revenue, which ultimately
improves our position at the Airport.
( 3) The Highway Department informed the Director of Engi-
neering that the signals at Plaza and East Market Streets should
be under construction within the next three or four weeks. We
have waited for these long enough.
(4) Today Arthur Harding , our attorney, George Martin, Jeff
Minor and he met to go over the draft cable franchise ordinance,
as directed by Council ' s action of August 27 . They felt that,
in a meeting later today with Lee Ruck, counsel for Storer Broad-
casting, there is about 85% agreement on the precise language of
this instrument. The town selected two or three provisions that
they will underwrite and Mr. Ruck was asked to rewrite some of
the provisions with which he had a problem. Then they will get
together again to resolve any differences they have.
( 5) He distributed to Council a "Summary Projection of Fi-
nancial Condition" . This gives a projection of what the fund
balances are likely to be at the close of this year. Also, a
schedule of cash and investments, as of September 22, is at-
tached to that report .
MAYOR' S REPORT :
(1) Mayor Rollins questioned the $26, 500 construction cost
for a single-family dwelling in Carrvale (Page 2 of the Activity
Report) - he felt this is in error. Mr. Niccolls said this is
what they give us by way of value for the structure itself - he
believed this represents the value of the material . There is no
benefit to them to undervalue the homes - our traditional practice
has been to accept what they give us . He will discuss this with
Mr. Forbes - perhaps he can make a more reasonable estimate . They
are obviously unreasonable and inaccurate.
( 2) He did not believe the street crews have completed patch-
ing in preparation for fall resurfacing. They have done nothing
on West Market Street between Ayr and Morven Park Road .
( 3) He has been a constant critic of not having proper com-
paction on water and sewer lines . A good example of this is what
happened on Valley View Avenue - the work was constructed about
12 years ago and it has gone down 4 to 5 feet because it was not
properly compacted. This is costing the town untold thousands of
dollars . He commended the town forces for the work they are doing .
He hoped the present Standards have corrected this situation.
MINUTES OF SEPTEMBER 24 , 1980 MEETING.
309
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Bos said a resident at the corner of North and Wirt Streets
has complained to the Police Department about a No Parking sign on
Wirt Street at that corner. This is needed for school buses to make
the turn at that corner. It was proposed that No Parking be from
7 :00 to 5 : 00 only, however no-one has contacted him further about '
this situation . Mr. Niccolls said he would take care of this .
Mrs . Hill requested a sign on the Vinegar Hill parking lot to
indicate that the permit parking spaces are not for free parking.
Several people have complained to her when they received tickets
for such illegal parking.
Mr. Willis said the fire detection and signal equipment has
arrived for the log cabin. They hope to have it installed by Sat-
urday night.
On motion of Mr. Herrell, seconded by Mr. Bos, Council voted
unanimously to go into executive session for the purpose of con-
sulting with the Town Attorney, Town Manager and Assistant Manager
on the legal issues pertaining to the cable television franchise:
COCO
Aye : Councilmembers Bos , Herrell , D. Hill, M. Hill , Tolbert,
N Willis and Mayor Rollins .
W Nay : None.
Q Council reconvened at 8 : 28 p.m.
Q CABLE TELEVISION:
Mayor Rollins said he discussed with Council the procedure to
be used tonight concerning this matter. This has been a very diffi-
cult and agonizing issue for everybody - there have been two public
hearings and four meetings (two before the committee and two before
this council) . Council was ready to vote on this matter at the last
session but, in deference to Mr. Tolbert, the Chair ruled that it
be put over for two weeks in order to give him an opportunity to
present a resolution he requested permission for.
Mayor Rollins said the procedure would be to hear any inter-
ested citizen of Leesburg on this matter. However, a limit of two
minutes per person will be allotted. The Council will then con-
sider this matter - no further public participation will be allowed.
Ms . Julie Taylor, attorney representing The Monitor, said
they have already presented to Council a copy of letter sent to
the Justice Department asking that they institute investigation
as to whether or not there were, in fact, any anti-trust viola-
tions involved in the Times-Mirror-Storer-Catoctin Cable agree-
ment. Also, it appears to them that this agreement is clearly
violative of the Town 's cable TV ordinance. Sec. 5. 1-42 states
that"the franchisee (Storer) shall not, in making available the ‘
services or facilities of its system, make or grant a preference
or advantage to any subscriber or potential user of the cable
television system, and shall not subject any such person to any
prejudice or disadvantage. She defied any of the many lawyers
present tonight to explain why it is not perfectly clear that
this agreement does, in fact, violate the town ' s ordinance.
The agreement grants to the Times-Mirror, and to no-one else,
exclusive use and benefit of one local origination channel at
no cost and gives them the right to the local news cut-away on
all national all-news channels . Storer also undertakes to pro-
vide the Times-Mirror with use of its studio facilities, mobile
vans, cameras, other necessary broadcast equipment - the Times-
Mirror also gets to keep all advertising by the companies it ' s
programming on this exclusively held channel . All these provi-
sions, without a doubt, do grant a preference or advantage to
the Times-Mirror. The Town ' s ordinance forbids this. The cable
system should be equally accessible to all users - this agreement
contradicts that purpose. This is ample reason for Council to re-
scind its original resolution. One of the reasons for having a
system equally accessible to everyone is to encourgae full and free
MINUTES OF SEPTEMBER 24, 1980 MEETING.
310
competition which, in the news industry, encourages complete and
unbiased flow of information to the general public . Council , as
protectors of the public interest, should consider the effect of
that agreement on the flow of that information to the public :
(1) Making the Times-Mirror the sole purveyor of news through
the local cable TV system;
(2) The Times-Mirror, by virtue of this agreement, has acquired
considerable personal interest in the success or failure of Storer
Broadcasting and Catoctin. The Times-Mirrort.is a leading local news
source, but how unbiased they will be in reporting to the public
stories that may subsequently develop concerning the adequacy of
the cable system or whether or not there should be a rate increase.
is questionable since they will have a personal interest in the out-
come. She urged Council to consider two factors : This agreement
violates the Town ' s own ordinance, and the effect it will have on
the public welfare to the extent it restricts full and fair dis-
semination of news to the public.
Mr. Reginald K. Gheent a resident of Leesburg, is in favor of
Matrix as the entity to receive the franchise for cable TV. The
Town staff, with its consultant, recommended Matrix. Only one
member of the three member committee recommended Matrix. So far
as he is aware, no effort was made on the part of the Council to
refer this matter back to the committee to try for a majority
opinion. He favored Matrix for two reasons : (1) They proposed
a citizen advisory committee, to be appointed by the Council, to
give the public and the Council some method of looking into and
guiding the successful bidder in seeing that we would have pro-
tection insofar as the public is concerned. (2) Matrix did
offer to contribute a part of its earnings in order to make it
a viable committee, providing the Town contributed to it. He be-
lieved that they also offered the committee, in trust, some of
its stock. There has been considerable evidence presented sup-
porting the recommendation of the Town staff and to alert the
Council to take the time to consider all of the disadvantages of
a Storer franchise. Ignoring the staff 's recommendation and the
subsequent events seems to cast a suspicion that there is an ef-
fort to accommodate the political pressures and personal ties with
local investors that might give rise to charges of influenced ped-
dling. From what he has gathered from various media reports and
the above, there seems to be reason enough for the Council to take
a second look at what appears to be a hasty decision to pass out a
franchise that will guarantee a monoply on the local cable TV mar-
ket and possibly the dissemination of local news to an exclusive
agreement with the leading local newspaper. It is hoped that those
councilmembers who were in favor of the staff ' s report will be able
to persuade the Council to take a second look at the whole cable TV
picture and award a franchise that will be in the best interest of
the customers who will be the beneficiaries of a wise decision by
the Council, but who will surely be the losers if the Council does
not make the proper decision.
PROPOSED RESOLUTION TO RESCIND RESOLUTION NO. 80-102.
On motion of Mr. Tolbert, seconded by Mr. Bos , a resolution
to rescind Resolution No . 80-102 , which was the resolution adopted
on August 27 , 1980 - the intent to award the cable television fran-
chise to Catoctin Cable Communications, Inc. (Storer) - was pro-
posed. Mr. Tolbert felt it not necessary to go into any further
detail but, speaking of the credibility of this Council, he felt
the word "integrity" of this Council was left out. If they lose
that tonight, he did not know where they would go from there.
Mayor Rollins quoted from The Monitor of September 19 , 1980 :
"The new agreement (which was the agreement between the Times-Mirror
and Storer) also pinned down that the production studio would defi-
nitely be in the Times-Mirror building. " He has read the agreement
and did not find this a "requirement. " He asked for some comment as
to whether or not there is a requirement between the Times-Mirror
and Storer that the production studio would have to be in the Times-
Mirror Building? Mr. Kelly (with Storer) said this was discussed
with the first deliberations with the Times-Mirror. They said they
MINUTES OF SEPTEMBER 24 , 1980 MEETING.
311
took a look at it and said the facility is not suitable for the
studio. They are looking for a suitable location. There is no
agreement for leased space or rental space, or in any way to- cohabit
the building the Times-Mirror is in. Mayor Rollins asked what
they are doing concerning this . Mr. Kelly said they are talking
about a studio, an office to support the operation here, the mainte-
nance and installation trucks and those things that are a part of
the cable television industry. The Times-Mirror has rather high
ceilings - it is a very busy place. This part of Leesburg is
rather congested and would lead to some difficulties with their
service. Subscribers and customers will be coming to the office
to pay their bills. The Times-Mirror building would not be ac-
ceptable.
Mr. Hill said he has been a member of this body for a long time.
In this case he voted against the recipient. However, it has been
his theory that we abide by the rule. The rule is that the majority
rules . If we didn 't abide by that (there has to be some finality
to any resolution) , we would be forever passing and rescinding
resolutions. He can accept defeat, but he also respects the ma-
jority vote of this Council . He would vote to rescind it if he
thought it was completely out of order or not drawn properly but,
CO in this case, the majority voted for it. There has been no sub-
CO stantial change and he can and will accept that. This body has
N to make a decision by a majority vote. "When the heat gets too
hot in the kitchen, you 'd better get out. " A roll call vote de-
UJ feated the resolution by a vote of 5 to 2 against:
CZ
Q Aye : Councilmembers Bos and Tolbert.
Nay : Councilmembers Herrell , D. Hill, M. Hill , Willis and
Mayor Rollins .
80-105 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS , RELEASING
PERFORMANCE BOND, AND AUTHORIZING ACCEPTANCE
OF MAINTENANCE BOND FOR HERITAGE HALL V.
' On motion of Mrs . Hill, seconded by Mr. Willis , the following
resolution was proposed and unanimously adopted :
WHEREAS , the developer for Heritage Hall V, located on
Morven Park Road, has completed public improvements in
accordance with town standards and specifications, and
these have been inspected and approved, and the as-built
plans have been submitted and approved:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The public improvements at Heritage Hall V,
located on Morven Park Road, are accepted for public use
by the town.
SECTION II . The performance bond of Western Surety Company
for improvements at Heritage Hall V in the amount of $6 , 336
is released and a maintenance bond with Western Surety Com-
pany in the amount of $317 . 00 is approved.
Aye : Councilmembers Bos, Herrell, D. Hill, M. Hill, Tolbert,
Willis and Mayor Rollins .
Nay : None.
On motion of Mr. Hill , seconded by Mrs . Hill , the meeting was
adjourned at 8 : 50 P.M.
Mayor
Clerk of 'e Council