HomeMy Public PortalAbout2010_tcwsmin0322Council Work Session March 22, 2010
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas S. Dunn, II, Vice Mayor Katie
Sheldon Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor
Kristen Umstattd
Council Members Absent: All Present
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Parks and Recreation Rich Williams, Economic Development Manager Marantha
Edwards, Deputy Director for Recreation Kate Trask, Recreation Programs Manager
Jeremy Payne and Business Retention Coordinator Debi Parry
AGENDA ITEMS
1. Work Session Items for Discussion:
a. Rules of Order/Agenda Setting Process
Mayor Umstattd asked that Council Member Butler go through each of his
proposed changes to see which have consensus from Council.
Council Member Butler's f rst change was to change "Regular Meetings" to
"Regular Business Meetings" when referring to the Tuesday night Council
Meetings where action is proposed.
There was Council consensus for this change.
Council Member Butler's second change was [o amend the wording regarding
"the time and place may be changed by two-thirds majority of the committee of
the whole". He stated another change requested by the Town Attorney was to
add language stating "notification shall be in compliance with the Court of
Virginia".
There was Council consensus for these changes.
Council Member Butler's third change, at the request of Council Member
Martinez, was to add an item for "Roundtable discussion" at the end of the work
session agenda. He stated at that time we would set a time limit for the
roundtable discussion and unless there was unanimous consent, the roundtable
discussion would end once the time limit had been reached. He stated this
would allow for the discussion of any items.
Council Member Dunn stated he finds it ironic that throughout these changes
we are looking for ways to stifle discussion, yet we are not proposing that we
have a "free for all" at the end of our work session agendas. He stated if the
majority of Council supports this then he is fine with it as well.
Council Member Wright expressed concern for how this would work
operationally. He stated we are not always mindful of how the press or public
may perceive these "chats" which may not be taken as lightly as they are meant
to be. He stated items for Council discussion should be agenda items rather
Town Council Work Session of March 22 2010 Paae 2
than a roundtable discussion as we have Council Member Comments and Items
for Future Council Meetings as forums to introduce new items.
Council Member Martinez stated he brought this up in hopes that this would
provide an opportunity to focus on the agenda items at the beginning of the
meeting and allow Council Members to then bring up these other items at the
end of the meeting. He stated as it seems people are taking this in the wrong
light, further vetting might be needed and he is willing to take this item out of
consideration.
Council Member Butler stated he is fine with removing this item; however, he
does feel that it could be a benefit. He stated if there was stricter discussion of
the agenda items then all the "excess stuff" could be put in one place.
Council Member Reid expressed support for this addition to the work session
agenda.
Vice Mayor Hammier stated we might consider having a public meeting once a
quarter where we have coffee and an open discussion with the opportunity for
public comment.
Council Member Reid expressed support for this idea.
It was the consensus of Council to not move forward with this change.
Council Member Butler stated the fourth amendment was to address items
that we would want to bypass our normal process and bring forward for a vote
the next day. He stated he believes there should be a strong majority to do this
as there will be limited notice to potential stakeholders and residents.
Council Member Reid stated the super majority requirement ties our hands.
He stated this discussion started by two items the Mayor brought forward for
action the following night and for which she provided adequate notice via email.
He stated Mr. Wells stated he put the items on the agenda because they were
within the direction, goals and objectives of the Council. He stated he would like
to incorporate that language within this section to say items could move forward
for a vote the next night if they are within the direction, goals and objectives of
Council and if two Council Members agree. He stated this would only apply to a
non-binding resolution, not ordinances or new policy. He stated we have to
have the ability as elected officials to bring items forward to the work session.
Council Member Wright stated he does not have a concern with Council
Member Butler's language regarding a super majority. He stated if an item is
being proposed for a vote the next night that does not have that level of
support, then that is probably a red flag that there is something debatable and
the public should be entitled to more notice. He stated whether it is atwo-thirds
or simple majority, if an item does not have that level of support then it should
not be placed on the agenda for the next evening.
Council Member Martinez stated this discussion was originated in 2002 where
we had council members drafting their own resolutions and bringing them the
night of the meeting without opportunity for the rest of Council to read them.
He stated Council at that time felt that practice was not fair to the public or the
Town Council Work Session of March 22 2010 pane 3
rest of Council and therefore the rule was added that items had to be placed on
the work session and could not be brought up the night before the meeting. He
added the reason he supports the idea of a simple majority vote is that if there
is doubt in Council's mind then we would have the ability to say whether or not
it is placed on the next night's agenda.
Council Member Dunn stated he understands the concerns with informing the
public; however, the public cannot be adequately informed in one night no
matter what the level of majority required is. He stated he believes that we run
by Roberts Rules of Order, with the exception of a few cases and if a Council
member wishes to bring an item forward the next night, they should need a
second. He stated if there is no second, then the item should not be addressed.
He stated if the item does get a second and a Council Member opposes that
item, a motion to table indefinitely can be made before discussion begins. He
stated once discussion begins, the item can be tabled to later in the meeting or
postponed indefinitely and killed that way. He stated what is proposed here
looks like a way to stiFle dissenting views and hamper our ability to properly
govern. He proposed that council members be allowed to bring items forward
for discussion. He also stated the language as currently drafted with "minimal
staff time" and "without controversy" is subjective.
Vice Mayor Hammler stated she would support Council Member Reid's
amendment. She stated she recalls if an item is discussed at the work session,
it could be placed on the next night's agenda in an effort to protect the
dissenting views of the body. She stated we certainly want to maximize the
notice to the public; however, sometimes items have deadlines and action is
required.
Council Member Wright stated that is the way we used to do it and we would
end up with a number of resolutions on the next night's agenda with little or no
notice to the public. He stated he would be fine with allowing items to be
brought up; however, if we are supposed to keep the public informed and the
agenda in front of Council is fundamentally different than what was advertised,
then that is a problem.
Vice Mayor Hammler asked if Council Member Wright would support language
to allow items that are "deadline driven" or some other description for items that
need to move forward quickly.
Council Member Wright stated if there are occasional items that need to move
forward then they should not have a problem meeting the two-thirds majority
requirement. He stated if the requirement needs to be different, that is fine;
however, if these instances are not rare and far between then why even have an
agenda.
Council Member Dunn asked how informed is the public of our agenda.
Ms. Irby stated the Town is required to publish the full agenda on Thursday
for public notice purposes. She stated that is not to say that you cannot make
changes to the Tuesday night agenda; however, you need to consider the type
of change and the level of notice that can be given to the public.
Town Council Work Session of March 22 2010 Raae 4
Council Member Dunn stated what we've been using to date is suspending the
rules to bring items fonva rd and since he has been on Council there have been
approximately eight instances of this occurring. Further, he stated Council
operates under parliamentary procedures for their own protection.
Council Member Butler stated he understands the parliamentary procedures;
however, the idea is to stop a rash of motions on a Tuesday that have no
chance of passing and are just brought up for other purposes. He stated it is
blindsiding the public and there is plenty of opportunity for Council members to
bring up any items they wish at the next work session in two weeks. Further, he
stated this proposed language is much more flexible than what we have today.
Council Member Reid suggested adding language to allow Council Members to
bring these types of items to the Town Manager's attention and allow him to
determine if it is within the direction, goals and objectives of Council. He stated
there was no notification to the public on the recent Jerry's Chevrolet or Journey
Through Hallowed Ground resolution examples.
Council Member Butler stated there was notification as those items were on
the agenda published the Thursday before the meeting.
Council Member Reid stated that was because the Town Manager determined
the items were within the direction, goals and objectives of Council. He stated
those items also required staff time because staff had to call the competing
dealership for the Jerry's Chevrolet item.
Council Member Butler stated since there is no consensus, perhaps this entire
section should be stricken so that we continue on our current practice of having
no opportunity for items to be placed on the next night's agenda.
Council Member Reid suggested that the requirement be changed to a simple
majority versus atwo-thirds majority.
Council Member Martinez also proposed that the requirement be changed to a
simple majority and that council members who have any other changes to this
item present them in the form of a friendly amendment at tomorrow's meeting.
Ms. Irby stated if Council chooses to change the language to require a simple
majority then she would request that language be added so that this only
applies to non-binding resolutions so that there is no conflict with notice
requirements.
Council Member Reid stated that is what he originally proposed.
Council Member Martinez withdrew his request for a simple majority.
Council Member Wright stated we are trying to solve how to handle items that
unexpectedly come up and require quick action. He stated the current rules
require that we bring the item up at the work session, bring it up again at the
meeting the next night and request a suspension of the rules which requires
unanimous consent. He stated what is proposed would have us to bring up the
item at the work session and if there is not five votes in consent then there are
other ways for the item to be brought forward to protect the dissenting
Town Council Work Session of March 22 2010 Paae 5
viewpoints. He stated what we are discussing here is under what rules will we
break the rules and shorten notice to the public. He stated this is only for items
that come up the night before the meeting.
Mayor Umstattd stated she will need to discuss this item further with the
Town Attorney to understand her concerns before she is ready to vote on this
particular amendment. She suggested moving forward to discussion of the next
amendment.
Council Member Butler stated the fifth amendment he is proposing is cleaning
up language to allow the Town Manager and Town Attorney to bring forward
items on the agenda as needed without coming to Council first. He stated the
second part of the amendment allows council members to bring forward items
for consideration at a future work session, which is our current practice. He
stated the third part is a new item that allows any council member to bring up
an item to go directly to the next Council Meeting without having to be discussed
at a work session with the provision that the items should not require a great
level of staff time.
Council Member Wright stated he would support this amendment as long as
there is no staff time required beyond the drafting of the motion or resolution.
He stated he was more comfortable with what was discussed at the last meeting
whereby the Town Manager would inform Council if he believes a large amount
of staff time would be required for an item or if he feels the item would be
contrary to the direction he has received from Council previously. He stated the
Town Manager, as our employee, has the responsibility to ask for a consensus of
Council before moving forward in redirecting the resources from the current
work plan.
Council Member Dunn stated if he has an issue he does go to the Town
Manager as that is the chain of command. He expressed concern with the
second part of this amendment stating if Council Members want to bring forward
items for a work session that would normally be for discussion purposes
otherwise a memo could be provided. He stated having the Chair decide what
information can be brought forward is inhibitive. He stated regarding part three,
this goes back to the subjective nature of the level of staff time required.
Council Member Martinez stated the way he reads the second amendment, it
would require the Mayor to determine whether an item on the work session
agenda is brought forward for discussion or discussion with potential action.
Council Member Dunn stated he looks at this in that these are our rules and
this is a privilege that we are extending to the Town Manger to add items to the
agenda knowing that he is the person who runs the Town.
Council Member Reid stated this does give a lot of weight to the Town
Manager to determine what should be added.
Council Member Butler stated collectively this takes a lot of burden off of the
Town Manager because this allows more of the vetting to be done at the Council
level.
Council Member Reid asked if Mr, Wells is comfortable with this language.
Town Council Work Session of March 22. 2010 Paoe 6
Mr. Wells stated he can make the process work in whatever way Council
chooses to structure their rules.
Mayor Umstattd stated theoretically no matter how an item gets on the
agenda it will require a majority vote of Council to pass.
Council Member Dunn asked if Mayor Umstattd is accepting of having the
Chair determine how items will be presented on the work sessions.
Mayor Umstattd stated she does not believe it should be the Mayor or Chair's
decision to determine how items will be presented on the work session; rather it
should be a decision of Council as a whole.
Council Member Butler stated the reason he proposed the language as he did
is because in general we would expect the Chair to determine if there is a
consensus and then rule that way. He stated the Chair can always be overruled
if need be and this keeps the language simple.
Council Member Dunn stated the only reason he mentions this is because
tonight we brought up the academic village because two meetings ago he had
asked for a discussion and instead was given a memo at the last work session.
He stated he has no idea how that decision to provide a memo in lieu of
discussion was made. He stated this would allow us to know how it is done;
however, he is concerned that it would give the Chair the power to determine
how all items will be discussed. He stated it is best to leave open the flow of
government.
Council Member Martinez suggested that the language for part three of the
amendment be amended to let the decision on whether or not staff time will be
used be made by the Town Manager.
Council Member Wright stated this may be a case of over legislating as it is
the Town Manager's responsibility to speak up if he has a concern with the level
of staff time to be used.
Mayor Umstattd stated Council tends to get cranky when there are a large
number of items on the agenda; however, we also tend to keep adding items to
the future agendas. She stated she has asked Mr. Wells to bring forward the
future agenda planning table to the work sessions so that Council can already
see what is proposed for the next work session before adding more items.
Council Member Butler stated the reason he proposed the language as he did
is to shift the burden for determining how items are placed on future agendas to
Council versus the Town Manager. Further, he stated the third part of the
amendment was to add greater flexibility for the Council and if there is concern
with that we can just continue business as we are currently.
There was discussion of the 7:30 pm start time for the work sessions and it
was the consensus of Council to keep the start time for the work sessions at
7:30 pm.
Town Council Work Session of March 22 2010 Page 7
It was the consensus of Council to keep the second part of the amendment as
drafted.
Council Member Dunn stated Section 7 of Council's rules deals with the
agenda item for Unfinished Businesses and limiting this to items discussed at the
two previous Council Meetings. He Stated according to Robert's Rules,
Unfinished Business should be taken up as the first item on the next meeting
agenda, which is not our current practice. He expressed concern that limiting
discussion to the previous two meetings would shift the burden to the Town
Manager, whereas in this area he would not mind seeing that decision made by
[he Chair. He suggested that the idea of two regular meetings be looked at and
changed to any regular meeting in the future.
Council Member Butler stated we almost never have unfinished business by
the technical rules because we always finish discussion at the meetings rather
than carrying items over. He stated this would primarily refer to motions tabled
indefinitely. He stated this would say that after two meetings the tabling would
expire unless an item is tabled to a specific time.
Council Member Dunn concurred with Council Member Butler's comments. He
stated there are two main Roberts Rules that we are violating. He stated on is
the use of the table in that items are not supposed to be tabled indefinitely to
kill an item. He stated the other is the use of "so moved" in making a motion.
He stated "so moved" is not a motion and motions should be recognized by the
chair. He stated currently motions recognized by the chair are those within
whisper shot of the Chair while the rest of the body cannot hear the motion. He
asked that Council consider that those making motions be heard by the body
and read as "I motion..." be used.
It was the consensus of Council to vote on this item in two weeks
b. Academic Village/University Update
Ara Bagdasarian, Leesburg Economic Development Commission (EDC) Chair,
stated a year ago the Town was participating in the planning group for higher
education in Loudoun along with the County, George Mason University and
INOVA as one of the EDC and Council's strategic focus areas. He stated a higher
education presence is an important economic development anchor and as we
attended meetings with this group a recurrent theme began to emerge of an
academic village. He stated this is an urban like setting with different types of
courses, not like a traditional four year university, but programs more
specifically set up for graduate work. He stated over the last several months the
EDC and economic development staff have continued discussions with George
Mason University and a property owner in Town; however, these discussions are
open to anyone who is interested in engaging in this discussion. He stated we
have been meeting over the last several months; however, we are still in the
exploratory phase. Further, he stated at this stage if Council still wishes to
pursue a higher education presence in Leesburg, we would like to continue on
that path.
Marantha Edwards stated this has been part of the Council and EDC's
strategic focus area as well as the Town Plan. She stated a traditionally strong
area of economic development is the establishment of a university which
reaches to the highest level of business development and recruitment.
Town Council Work Session of March 22 2010 Paae 8
Mr. Bagdasarian stated it is also very important to look at the different
activities we are involved in with the business enterprise center and how it
makes sense to tie as many synergetic items together to gain the most from
them. He stated part of this discussion is what is unique about Leesburg and
the one thing we have here that you cannot find anyone else is Dodona Manor,
which ties into an international business or international studies focus.
Council Member Dunn stated one of the reasons he had wanted to discuss this
was that he was not sure of Council's position on what we want in terms of a
university in Leesburg.
Ms. Edwards stated part of what we are working on with George Mason
University is to create a template of for a university and in this perspective we
are working with a specific property owner. She stated part of the feasibility
discussions we have had with them is to understand what kind of program this
would be. Further, she stated George Mason is helping us to understand what
the marketability of an honors university would be.
Mr. Wells stated what is foremost in George Mason's mind right now is an
international business program to tie in with Dodona Manor and the business
incubator. He stated they are also looking at potentially partnering with a
university in Europe for this program. He stated there are many ideas for
consideration; however, this is the idea at the forefront right now.
Council Member Dunn asked what we need to do as a Town for this plan to
move forward.
Mr. Wells stated right now the main thing we need to do is determine if an
honors college is feasible for the Town and George Mason is conducting that
study right now. He stated there is private sector interest within the Town in
offering locations. He stated right now our efforts are focusing on facilitating the
discussions and matching the right resources; however, we have no financial
obligations right now.
Council Member Dunn asked if we were offering more, could we be looking at
getting more.
Mr. Wells stated right now it is too early to tell whether this is a viable
prospect. He stated the university is working on their model right now and their
decision on whether or not to move fonva rd has nothing to do with whether the
Town is participating or not.
Council Member Dunn asked in our planning for this, what have we set forth
as our goal for recruiting a university.
Ms. Edwards stated right now we have only offered our assets in the
international business and information technology sectors. She stated we also
have interest from the life sciences community She stated the final decision will
rest on the determination of the current study.
Council Member Dunn asked whether other universities are being considered.
Ms. Edwards stated we are currently only working with George Mason.
Town Council Work Session of March 22 2010 Paae 9
Mr. Wells stated we do have a list of other university partners to consider.
Council Member Dunn stated as a community we have not come together to
decide what we want to see in a university for the Town. He stated we are
currently working with a university to see what develops, but that is not
planning. He stated if our only involvement is going to be is to facilitate
discussions between the university and a property owner then there may not be
any place for the policy setters in the Town. He stated his thought was that we
would plan out the type of university and programs we would like to see, but we
still do not have a plan for this. He stated it seems a lot of staff and council
member time has been devoted to this process so far.
Mr. Bagdasarian stated the biggest challenge in recruiting a four year
university is land and the Town does not own a large enough piece of property
to accommodate that need.
Council Member Dunn stated if that is something that we wanted to pursue
then we would need to identify the steps to acquire that property.
Council Member Butler stated he fully supports the current efforts and asked
that Council be kept informed as to anything Council can do to assist in the
process.
Council Member Martinez stated he also supports the process; however, he
concurs with Council Member Dunn's comments that we need to know what we
want and what we can accommodate. He stated as we move on we need to
have a plan in place.
Council Member Wright stated one of the challenges we have is that we can
want a university all we want, but if it doesn't make sense for them to enter this
market they are not going to come. He stated we need to be careful how much
we hold ourselves out as we do not have that kind of control unless we have the
land and the ability to build and run the school. He stated he does not want to
set the false expectation that we have all of the pieces in place. Further, he
asked why George Mason is still in the picture as they chose to locate in the
County.
Ms. Edwards stated this discussion with George Mason has grown out of our
earlier conversations with them and the Town is still looking to see what we can
get out of these discussions.
Mr. Wells stated as a practical matter this may be a more viable option for the
Town than a four year university given what we learned from the earlier
discussions.
Council Member Wright stated many residents expressed concern when we
were in discussions regarding a four year university; whereas, this would be
much smaller in size. He verified the only investment on the Town's part at this
point is personnel resources which is no different than we would offer any other
prospective business looking to locate within the Town. Further, he stated we
need to determine what our businesses and residents need and are looking to
use.
Town Council Work Session of March 22 2010 Paae 10
Mr. Bagdasarian stated that is part of what George Mason is looking at within
their study.
Council Member Wright stated once we recruit the university has there been
any thought to retaining them and contingency programs for growth.
Ms. Edwards stated that has been part of the discussions and leveraging
partnerships for both this and the enterprise center.
Vice Mayor Hammier thanked Mr. Bagdasarian for the update and stated she
is looking forward to this coming back to Council when there is a business plan
and fiscal impact numbers in place. She stated the thing we have learned in this
process is we have developed really strong relationships and gravitated towards
a couple of people with significant leadership ability within the context of their
expertise in higher education. She stated it is a great service for the Town that
George Mason is putting this type of consulting project together on our behalf
with a road map including all the things we are looking to do in establishing an
anchor.
Council Member Reid concurred with Council Member Wright's comments
regarding the need to determine if there is a market for this in Leesburg. He
expressed concern with the level of staff and commission time spent on this
project when we really need to concentrate on the business incubator.
Mayor Umstattd stated she believes Leesburg is well positioned for an honors
college, not just with Dodona Manor, but with the enterprise center, the
proximity to Dulles International Airport and our geographic location. She
stated a smaller academic village will have less negative impact and would be
very attractive. She stated it is worth allowing staff to continue working on this
project and expressing [hat the Town is interested and very receptive. She
stated, as Council Member Dunn pointed out, it is important also that we are not
ignoring other potential partners. She stated we have been doing a good job
and the market will determine how we move forward.
Ms. Edwards stated she has not spent any more time on this effort than she
has on any other business recruitment efforts.
Mr. Bagdasarian stated George Mason has made quite an investment into this
effort on their part.
Mayor Umstattd stated it is a good sign that they are continuing to talk with
us.
c. Verbal Update -Business Incubator
Mr. Wells stated he is beginning negotiations tomorrow afternoon with key
potential sites. He stated this will be an important factor in determining the cos[
of moving forward. He stated he is also meeting with County Administrator Tim
Hemstreet regarding the possibility of a financial partnership between the
County and the Town. He stated the Board of Supervisors have been involved
and have indicated their support in general which is contingent on the final cost.
He stated the Board has directed Mr. Hemstreet to continue to work with us
through the process.
Town Council Work Session of March 22 2010 Paae 11
Council Member Wright clarified the negotiations are to get a framework for
what the cost might be, not that we are close to signing any paperwork,
Mr. Wells stated this is just to bring a cost estimate to Council as to what the
best offer might be assuming Council wishes to move forward.
d. Triathlon Proposal
Tom Dunlap, member of the Loudoun Free Clinic and Loudoun Cares Board of
Directors, stated the triathlon is proposed for Sunday, July 11 to benefit
Loudoun Cares and the Loudoun Free Clinic. He stated it is his hope that the
Town would co-sponsor this event as most of it is located within the Town of
Leesburg and it is expected to attract at least 300 triathletes to Leesburg. He
the cost estimated provided by the Special Events Committee was approximately
$17,000; however, their consultant who runs seven triathlons in Northern
Virginia has never seen a cost higher than $7,500. He listed a number of
businesses who have already signed on to sponsor this program. He stated this
is a unique opportunity for the charities, the Town and the triathletes to come
together for the benefit of these local charities.
Mr. Dunlap stated the triathlon is expected to start at 6 or lam with a seven
second staggered start in the pool. He stated it is anticipated that the entire
event will last no more than three hours. He stated by using Morven Park for
more than one-third of the run, they feel they have minimized the impact on
church traffic. He stated in order to reduce the cost it is proposed that the
support team man the intersections during the bike portion to allow the flow of
traffic without completely closing off the streets.
Mr. Dunlap stated both charities are looking at this event as an investment
initially with a first year expected return of a minimum $1,000 to each. He
stated the more corporate sponsorship the better. He stated in the second to
third year of a triathlon you will generally see a 150 percent increase in
participation.
Council Member Butler asked the total amount of funds requested from the
Town.
Mr. Dunlap stated they are requesting in-kind support in the amount of
approximately $7,500 with the Town paying the difference if the cost is above
$7,500 to make this a partnership. He stated the original cost estimated
provided by the Town was $17,000; however, with the modifed route now
proposed he believes the cost will be closer to $7,500.
Council Member Butler verified Loudoun Cares and the Loudoun Free Clinic
are the organizers of the event.
Council Member Wright verified the event is proposed for July 11.
Mr. Dunlap stated the funding and plans need to be in place by March 31 to
have the event on ]uly 11. He stated if everything is not in place by March 31
then the event will be pushed to the fall.
Town Council Work Session of March 22 2010 Paoe 12
Council Member Wright asked Rich Williams to comment on the proposed cost
of $17,000 provided by the Town versus the estimated cost of $7,500 Mr.
Dunlap believes should be maximum.
Mr. Williams stated the $17,000 estimate was based on an initial proposed
route. He stated there has been no final route presented to the Town for this
event.
Mr. Dunlap stated he was waiting on approvals from VDOT before submitting
the revised route.
Mr. Williams stated since portions of this event are held outside of the Town,
the final route will first have to be approved by VDOT and Loudoun County
before it is presented to the Town for approval. He stated the final cost will be
based on that approved route.
Council Member Wright stated there are other races held in Town and asked
how the initial cost estimate compares to the cost of those events.
Mr. Williams stated the original route proposed for this event showed both the
running and bicycle portion going through Town causing extensive road closures.
He stated the manpower issue was the major portion of the proposed cost, while
the Ida Lee rental is a fixed cost.
Council Member Wright verified the cost of the Ida Lee rental was
approximately $450.
Mr. Williams stated the only other cost not factored into the rental fee is the
potential lost revenue for the center from it being closed. He stated the center
typically opens at 8 am with tennis and swimming lessons beginning at that
time.
Mr. Dunlap stated all of the triathletes would be out of the pool within one
hour.
Mr. Williams stated until the race route is set, we also cannot analyze the
logistics of the bicycles exiting on Ida Lee Drive with vehicular traffic entering
the park.
Council Member Wright stated setting the lost revenue aside, would it be fair
to say that a large portion of the proposed cost is manpower and should we get
volunteers or the Police Support Team to provide those services the cost could
be signifcantly reduced.
Mr. Williams stated that is correct depending on the final route and the
number of road closures that need to occur.
Mr. Dunlap stated more than a third of the run has been cut out of the Town
to go through Morven Park so that should already reduce the cost significantly.
Vice Mayor Hammier stated she believes this is a wonderful partnership idea,
particularly in a budget year where we do not have funding for these non-profit
organizations based in Leesburg. She stated based from experience we know
Town Council Work Session of March 22. 2010 Paae 13
that Town sponsored events, such as Freeze Your Gizzard, can grow
tremendously over the years and provide real community camaraderie. She
stated at this point she would support moving forward with a vote tomorrow
with a preliminary approval of the event and ask staff to come back with the
actual cost to the Town based on the final route before the expenditure is made
Mr. Dunlap stated the Town of Herndon allows volunteers t0 watch a training
video and then man the street closures for their triathlon in order to reduce the
need for police resources. He stated if charity volunteers could provide this
service that would signifcantly reduce the cost.
Kate Trask stated her understanding is that the Police Department would be
willing to train volunteers to provide traffic control.
Vice Mayor Hammier verified an approval is needed from the Town by March
31 or [he triathlon would be pushed to the fall or next year. She asked when the
VDOT approval is needed.
Mr. Dunlap stated there was supposed to be a meeting with VDOT last
Wednesday and there was a marathon in Virginia Beach so their consultant was
not available. He Stated even if he Can get a preliminary vote of support by
Council tomorrow night, he would feel comfortable moving forward.
Council Member Wright asked if Mr. Dunlap has received approval from the
Northern Virginia Regional Park Authority for use of the W&OD Trail.
Mr. Dunlap stated the current proposal would not use the W&OD Trail for the
bike portion and there is already approval for the run portion.
Council Member Reid stated it is really great that the charities are pulling this
together. He stated he has always supported using Uran Funds to directly
funding to the non-profit organizations; however, it seems these funds will run
out this year and much of what is remaining is being dedicated to the R.O.C. K.
program this coming fiscal year. He stated he believes the remaining funds
should be given to the non-profts as a priority. He verified Loudoun Intertaith
Relief is one of the organizations funded under Loudoun Cares. He asked how
much money will realistically be raised for all of these organizations.
Mr. Dunlap stated the money will be raised for Loudoun Cares to support all of
its organizations and then the other 50 percent will go to the Loudoun Free
Clinic. He stated worst case scenario if the charities had to cover all of the
costs, they would be close to a break-even point for the first year.
Council Member Reid stated he would support a preliminary consensus of
Council pending further analysis of the actual costs. He stated this illustrates
why Council's rules of order need to be changed, otherwise Mr. Dunlap would
have to wait until April for a vote.
Mayor Umstattd stated the route will be very important as we do not want
people kept away from church services. She stated she would like to see the
Ida Lee portion begin at 6 am with all triathletes out by lam to avoid conflict
with children's swimming lessons.
Town Council Work Session of March 22 2010 Paae 14
Mr. Dunlap stated that would be easy to do.
Mayor Umstattd stated from Ida Lee it would be easy to travel to Old
Waterford Road to reach Morven Park without having to use Ida Lee Drive.
Mr. Dunlap stated that is the plan that was submitted to VDOT.
Mayor Umstattd stated it seems the right day of the week was chosen and an
early start would be benefcial to avoid conficts with church traffc. She asked
Mr. Williams what the initial input has been from his staff and the Leesburg
Police Department on the managablility and cost of this event.
Mr. Williams stated the cost was based on the original proposed route. He
stated all the feedback was received on that route and the new route has not
been provided to staff. He stated there are many unknowns at this point
regarding the impact and location of the transition areas and what
neighborhoods will be impacted.
Mr. Dunlap stated if the event starts at Gam then the last person should finish
by gam.
Mayor Umstattd stated the lower we can keep the Town's investment, the
more palatable it becomes. She stated she would not have a problem with a
preliminary endorsement tomorrow night; however, that would be dependent on
cost to the Town and disruption of church and other schedules related to Ida
Lee.
Mr. Dunlap stated if we could get five volunteers from each charity to provide
the traffic control functions that, along with the revised route, should
signifcantly reduce the cost.
Council Member Martinez, stated triathletes do not just come for the event.
They come a few days before to scout out the route so the economic benefit is
great. He requested a straw vote which showed support for proceeding with a
vote for preliminary approval tomorrow night.
Mr. Williams state once the fnalized route is submitted staff will report back
on the cost and impact of the event.
e. FOIA/COIA Training Discussion
Ms. Irby stated this afternoon she me[ with the various department directors,
IT staff and commission liaisons to review FOIA and COIA regulations. She
stated it was also discussed that SharePOint training should be provided to the
board and commission members so that they may use this tool to share
documents. She stated the liaisons were reminded that it is the responsibility of
each board or commission member to be mindful of the COIA regulations and it
is not staff's responsibility to inform Council of conflicts. She stated confict
forms were provided to the liaisons to be given to the board and commission
members. She stated it was discussed that filed disclosure forms should be
posted on the website for ease of accessibility versus having to contact the
Clerk. She stated the course of action for reporting a perceived conflict was
discussed as well as providing that education to the board and commission
members. She stated they also discussed the difference between advisory
Town Council Work Session of March 22 2010 Paae 15
opinions being requested from the Commonwealth's Attorney versus referral to
the magistrate for suspected criminal wrongdoing. Further, she stated Betsy
Fields gave a brief training on how to deal with the press, should staff be
contacted.
Ms. Irby stated the liaisons were asked what training should be provided to
the board and commission members and they all felt that a visit by herself or
Deputy Town Attorney Barbara Notar at their upcoming meetings to provide
brief training would be preferable. Further, she stated the formal training will be
held in the fall once the board and commission nominations are made.
Council Member Dunn stated the concept that was brought up regarding the
recent incident with the Environmental Advisory Commission (EAC) was an issue
of inFluencing someone to consider a contract. He verified this would be
included under the COIA laws.
Ms. Irby stated she would not characterize the incident in that manner since
there was no contract.
Council Member Dunn verified in general the issue of inFluence is covered
under COIA laws.
Ms. Irby stated if you are using your position as a commission member to
inFluence, it is a conFlict of interest.
Council Member Dunn stated we may want to consider what things we would
like to see in the bylaws of all boards and commissions. He stated for instance,
he would like the bylaws to include the requirement that all board and
commission chairs set aside time in their agenda for this type of training on
whatever timeline is appropriate.
Mayor Umstattd stated we already hold a training program for the board and
commission members every two years. She stated Ms. Irby has also had
outreach with members appointed out of cycle to provide this training.
Council Member Dunn asked if we are enforcing this mandatory training as
the last one he attended he did not see several members who he felt should
have been there.
Ms. Irby stated the Code puts the burden for the training on the commission
member and she does not feel that burden can be shifted. She stated what we
can do is offer training and we do so.
Council Member Dunn verifed we as a Town are not liable for a commission
member's actions. He stated the other thing that may be beneficial is the
process that should be followed if they perceive a conFlict has taken place.
Ms. Irby stated she would not want to put someone in the position of feeling
they have to come to her. She stated they may go to the Town Attorney, the
Commonwealth's Attorney to request an advisory opinion if it affects them
personally, or they can go to the Magistrate and request a warrant for a criminal
offense. She stated they have many options including going to the press and
she does not wish to preclude them from any options.
Town Council Work Session of March 22 2010 Page 16
Mayor Umstattd stated the Commonwealth's Attorney is the person you want
to talk to if you think you have a conflict because only he can give you a clean
opinion.
Council Member Dunn stated it is awkward that there are not many options
for people who feel there is a perceived conflict. He stated he was surprised
that any Council Member can request a resignation from a board or commission
member.
Ms. Irby stated they can do that because they are doing so as an individual.
She stated if Council wishes to request a resignation then they would have to
vote to do so.
Council Member Butler requested that the FOIA/COLA training also include
training regarding the process for appointing members and the ordinances
governing their commission.
Council Member Wright stated he appreciates the ongoing effort to provide
this training. He stated Council should also be included in the training.
Vice Mayor Hammler stated VeriSign provides annual training through aweb-
based format. She stated perhaps the next training could include real life
examples and be videotaped and placed on the web.
Council Member Reid verified if you suspect someone else has a conflict the
process is to swear out a criminal complaint with the Magistrate. He asked if it
would perhaps be better for the person to go to the Town Attorney first.
Ms. Irby stated she would prefer that they come to her first; however, she
does not want to be perceived as impeding justice by requiring that people come
to her first.
Council Member Reid asked if the removal of a commission member would be
considered a personnel matter to be handled in closed session.
Ms. Irby stated it would depend on the situation.
Council Member Reid stated there needs to be guidance given to board and
commission members and Council Members that is in plain language. He stated
the semi-annual training is optional and the training should be held at the
meetings to reach more members. Further, he stated the Mayor's comments
from the last Council Meeting could be typed up and provided as guidance.
There was further discussion regarding the process for accepting resignations
of board and commission members.
It was the consensus of Council to have Ms. Irby and/or Ms. Notar visit each
board and commission meeting to provide supplemental FOIA/COIA training.
2. Additions to Future Council Meetings
Vice Mayor Hammler stated she does not have a nomination for the Technology
and Communications Commission and will try to bring forward a name for
consideration tomorrow night.
Town Council Work Session of March 22 2010 pane 17
Council Member Butler stated there are a couple of small gaps in the process for
Council appointments and he would be happy to provide draft language for
consideration.
Council Member Reid stated he would like a discussion after the budget of the
board and commission bylaws.
4. Adjournment
On a motion by Council Member Martinez, seconded by Council Member Butler,
the meetino was adjourned at 10:01 o.m. i,
2010_ICwsmin0322
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Clerk of CouCc}h