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HomeMy Public PortalAbout2016_tcwsmin0509 Council Work Session May 9, 2016 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor David Butler presiding. Council Members Present: Kelly Burk, Thomas Dunn, II, Suzanne Fox, R. Bruce Gemmill, Katie Sheldon Hammler, Marty Martinez and Mayor Butler. Council Members Absent: Council Member Hammier arrived at 7:45 p.m. Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Town Attorney Barbara Notar, Chief of Police Vanessa Grigsby, Director of Capital Projects and Public Works Renee Lafollette, Director of Planning and Zoning Susan Berry Hill and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Items for Discussion a. Domestic Violence Protocols Chief Grigsby introduced Nicole Acosta, the Executive Director of the Loudoun Abused Women's Shelter. Key Points: • Leesburg's Domestic Violence program officially began in 2001. Before that, the town followed state protocols. • Stated that not all calls come in as domestic violence calls, but often are. • Predominant aggressor is the most dangerous. • Mandatory arrest ensures that more cases end up in court. • All victims are provided with information about community services. • Victims can be male or female and have the same rights. • LAWS has a 12 bed shelter for victims fleeing domestic violence. Council Comments/Questions: • Fox: Questioned the protocol for protective order violations. Grigsby: Stated that once the order has been served, arrest can be made on violations. • Gemmill: Questioned whether more calls come in at certain times of the year. Grigsby: Stated that the calls come in at the rate of about two per day. • Dunn: Questioned the process that occurs when a protective order is violated. Acosta: Stated that the most important intervention that can be provided is for the victim to engage in services. • Hammler: Stated that LAWS is a tremendous organization. She stated that victims need to be willing to seek help. She questioned whether publicizing the names of those that commit domestic violence would help deter further escalation. Acosta: Stated that in many cases children are involved so it might not be beneficial —it may be a deterrent for the victim to report. • Burk: Questioned whether there are preventative programs. 1IPage Council Work Session May 9, 2016 Acosta: Stated that there was a prevention program that targeted young people with the goal of educating teenagers about healthy relationships and warning signs of abuse. She stated that program was cut in the last fiscal year but they are seeking additional funding to reprise this program. • Martinez: Stated that this is a suffer in silence crimes that is difficult for others to understand. He stated that it is good to spread the word about the services available. b. Opening of Kincaid Boulevard Extension — Request from County of Loudoun Susan Glass, Loudoun County Department of Transportation, stated this is a follow-up on a letter sent to the Council by the Loudoun County Board of Supervisors in November 2015 requesting that the segment of Kincaid Boulevard that is currently barricaded be opened to connection with Crosstrail Boulevard. She noted that the county has completed the construction of Section Al, which is the section within Phil Bolen Park. Further, she stated that Section B is part of a proffer commitment by Tuscarora Crossing and the county is working through getting final plan approval. She requested, on behalf of the Board of Supervisors, that the Council allow the removal of the barricades that connect Kincaid Boulevard with Section Al before the completion of Section B. Council Comments: • Dunn: Questioned how many citizens have requested removal of the barricades. Glass: Stated she was unable to provide that information. • Dunn: Stated that he does not see a need to open the road until the connection is made to Sycolin. • Gemmill: Stated it would be courteous to at least answer the county. He stated he does not have a problem opening it up. • Burk: Stated she was on the Board when it came forward the first time. She stated one of the ways that the community accepted the Tuscarora Crossing development was assurances that the barricades would not come down until Crosstrail was completed all the way to Wegmans. She stated the neighborhood is still in opposition of removal of the barricades. • Hammler: Questioned when the final segment to Wegman's will be completed. Glass: Stated that it is in the County's CIP in FY2020 although the developer has an obligation to have it completed prior to the issuance of the 289th building permit. Lafollette: Noted that two lanes of Crosstrail have to be bonded by the time they get their 71' building permit by proffer and two lanes constructed by their 289th building permit and four lanes by build out. • Hammler: Questioned why the Board of Supervisors is asking even though the decision was already made. 2IPage Council Work Session May 9, 2016 Glass: Stated this is a new board. • Fox: Questioned who placed the current barricades. Glass: Stated that they were placed by the County's contractor. • Fox: Suggested that the town and county collaborate on a more secure bather. • Butler: Clarified that even if the developer does nothing, having the funds in the current FY 2020 CIP, means that the road will be built. • Dunn: Suggested that the town put up jersey walls on the town's side. There was consensus to pass a resolution indicating the Council's position at Tuesday night's meeting. c. Council Rules of Procedure Council Member Dunn stated that he would like to change the Council Rules of Procedure to address how items can come before Council. Key Points: • Section 8 —New Items calls for a unanimous vote of Council. He recommended that it be changed to a super majority. • Section 12 — Items that are likely to be without controversy. He stated that is ambiguous and should be stricken or amended. • Section 13 — Item Two — strike the words "majority of' and leave it "the Council shall..." and Item Three — strike the words "the next" and insert "a". He stated it would give some flexibility for scheduling. Council Comments: • Butler: Clarified that this would change adding new business items during a meeting to a super majority, rather than a unanimous vote. • Dunn: Stated that there should only need to be one super majority vote to consider the new business, not a vote to suspend the rules as well as a vote to consider the new business. • Butler: Stated that adding New Items on the same day, it gives the public no time to consider or comment before discussion occurs. • Burk: Stated this would make it less transparent to the public and limit public input. • Dunn: Stated that this is not an issue of transparency because it could still be brought up as long as everyone agrees to it. He stated leaving it the way it is allows the majority to stifle the minority. Notar: Noted that Robert's Rules allows suspension of the Rules by majority, not a unanimous vote. There was no consensus to amend this section. Council Comments: 31 Page Council Work Session May 9, 2016 • Butler: Clarified that Section 12 states "As a guideline, additions to next day meetings should be limited to items requiring minimal staff time, and as there will be limited time to inform constituents, items that are likely to be without controversy." He stated that it is a guideline. • Gemmill: Stated that he does not see a reason to have rules that are more strict than Robert's Rules of Order. He stated it does not hurt anyone to bring up an item for discussion if three members want it. He agreed with Council Member Dunn that "without controversy" is ambiguous. • Martinez: Stated that Robert's Rules is a guideline for how to run meetings. He stated that every organization has a set of rules that complement their mission and motives. He stated these rules came into being because Council members were bringing things up to be voted on either that night or the next night without the rest of Council and the public having an opportunity to review it. • Butler: Noted that a single Council Member can bring up anything at a meeting two weeks away for vote. He stated you can add a memo or discussion if there is a majority. There was no consensus to amend the language of Section 12. Council Comments: • Butler: Stated that Section 13 states "Any Council Member may request an item be placed on the agenda for a future work session. The majority of Council shall rule whether the item will be added as an information item, an item for discussion, or an item for discussion with potential action the following day." He clarified that Council Member Dunn would like to strike "majority of". • Butler: Stated that majority of is implied. Notar: Stated that there is no difference between "majority of Council" and just "Council". • Dunn: Stated that the ultimate goal is that it does not require a majority. He stated it could read that any council member can place an item on a future agenda or work session. He stated this rule allows Council to vote on stopping discussion of an item. • Hammler: Stated that the balance that is trying to be achieved is for someone who is in the minority to be able to bring forward meaningful issues that Council may eventually decide not to address, but could be productive to review. However, she stated that staff only has so much time and Council must direct the priorities. She suggested creating limits to how many times a Council Member can bring something forward with only the approval of three members. She noted that generally items should be vetted with colleagues to ensure that there is interest in pursuing them. 4IPage Council Work Session May 9, 2016 • Burk: Stated her concern is that the staff would have to expend rime working on things that are not top priorities for Council. She stated this is not an efficient way to conduct business. • Butler: Stated that there are often items that come up where people don't actually support it, but they are willing to discuss it. He stated it has not been a burden to get four people to discuss things. He expressed his reluctance to allow items to be brought up by only three Council Members because of the potential to waste a lot of staff time. • Martinez: Stated that this puts a burden on staff to decide whether to do their jobs or follow the direction of a minority of Council. Dender: Stated that these are Council's rules, but this will put additional pressure on staff to meet Council's expectations. • Dunn: Stated that it is difficult to get both sides of the discussion out when some Council Members will vote against another Council Member just because of who he/she is. There was consensus to bring options forward for consideration. Council Comments: • Butler: Stated that Section 13 — paragraph three —would give the Council some latitude as to which meeting an item is added to as long as the requester has the discretion. There was consensus to bring this forward for amendment. d. Fiscal Year 2017 Approved Budget: Organizational Memberships/Publications/GPS Council Member Dunn requested deferring this to a future meeting for a vote as he stated he feels that the answers in the staff report differ from those given during the budget process. Mr. Dentler stated that the information is the same information presented during the budget process. Mayor Butler requested that Council Member Dunn make a list of specific items that he would like to delete so that Council can consider. Council Comments/Questions: • Fox: Noted that the Gang Task Force membership is reimbursed. She questioned how many of these memberships are reimbursed. Grigsby: Stated that Asset Forfeitures and vehicle rentals are all reimbursed. Staff will indicate which items are reimbursed. 2. Additions to Future Council Meetings 51 Page Council Work Session May 9, 2016 Council Member Dunn: Requested a look at reducing the funding for the Public Information Department, the GPS units in town vehicles, and reducing/waive the parking requirement for the county garage by 180 spaces, so the fourth level would be unnecessary. The funding for the public information office and the GPS units in the town vehicles will be addressed in two weeks. The Town Manager was directed to talk to the county staff about whether or not the county would be willing to only build three floors of the parking garage, if the town did not require the additional spaces. Mayor Butler requested a vote on the resolution about parking in two weeks. On a motion by Council Member Fox, seconded by Council Member Dunn, the meeting was adjourned at 9:16 p.m. Clerk of Council 2016 ccwsmmin0510 6IPage