Wow! What a great turnout to start the year off with. Despite the rain and cold it was darned near standing room only. And, perhaps more significantly, there were a lot of people speaking up. When they didn't agree, they still remained respectful of others and some great dialogs developed.
Although there are a lot of unanswered questions hanging in the air pertaining to the Aquatic Center, Audit, Parking Facilities, and Land Use. A lot of things came to light. The Mayor has asserted that Virginia Tech will not have rights to selling tickets to their events at the Aquatic Center, nor will Tech have rights to concessions.
A lot of issues pertaining to use of the Aquatic Center were cleared up verbally, but not on paper. The verbal statements about the number of lanes that would be used at any given time are nice, but they do not put anything in writing that would prohibit changes over the 25 year contract. The size of the swim team could double, triple, or quadruple by then and each time there is a change, Tech could just start using more lanes of the pool.
A contract is only as clear as the way it is written. Any ambiguity, opens the door for interpretations that one side or the other may find unacceptable. We really don't need to give Tech carte blanc (complete freedom or authority to act), nor does Tech need to find itself in a situation where the Town can change things on a whim.
I would not call the 'contract' with Virginia Tech a good contract. Too many things are not spelled out and specific. Based upon the Town Council's responses, there seems to be some concern about the vagueness of the contract, but the Mayor doesn't want to change anything because it would mean negotiations would have to go back to the table. Well, better back to the table now then citizens getting stuck with a vague contract that can cause havoc for the next 25 years!
Town Manager Terpenny has asserted that all of the specifics will be contained within the business plan. Unfortunately, there is nothing in the existing contract to indicate Tech is willing to abide by this 'business plan' as a ruling document establishing their rights. There is nothing there to indicate Tech's awareness that a 'business plan', by definition, is a fluid guideline subject to change as external variables change.
It is my understanding that without some stipulation(s) to the agreement with Tech, none of the limiting criteria contained in the 'business plan' will be enforcable by the Town, and that any attempt by the Town to enforce those external critera would result in a 'breach of contract' and per the current agreement, the Town would be subject to a 'blank check' reimbursement to Tech due to default on the contract.
Well, that's all stuff the Town Attorney has far more knowledge of than I do. The Town Council has, at it's disposal, a tremendous resource in the Town Attorney. It is a shame that the Town Attorney is not allowed to be more active with the Town Council. I certainly appreciate it when the Town Attorney volunteers opinions (even if it only that some research needs to be done), and those times when Council members specifically request input from the Town Attorney.
Hopefully, more answers will be coming in the future. Hopefully, that will occur before it is too late to modify the agreement, if modification is needed. (After all, there is a lot of room for attachments and a phrase concerning attachments is already built into the agreement .... maybe that's where a copy of the business plan will go...hope they clearly state in the business plan that it can/will be modified as needed).
My thanks to all of you who braved the bad weather to come out last night. Hope to see you again at future meetings. Remember that just because a Town Council decision does not apply to you specifically, each decision sets a precedent for future use. It could be your property or your neighbor's that is discussed next. It could be a Civic Center or and Equestrian Center next time. Stay involved in YOUR government.
Audio of this file is on the internet. Video is not done yet, but is coming. Videos of the last two Planning Commission meeting are loaded and ready for viewing. I will make DVD's of these if you request them. I don't charge for them, but I do request that you bring in a blank DVD to replace the one that I make for you. I have also taken some of the older audio files off the website. I can get those to you if you would like but I needed the room for other things:) Use the contact author link on this page to contact me through email for any requests, questions, concerns, that you might wish to express.
You know, a lot of the confusion over the Aquatic Center could have been avoided if Town Council had been proactive in educating and involving citizens in the process. I really think it is time for Mr. Mayor to take things out of stealth mode. Mr. Barber has voiced his request that the new Aquatic Center Committee/Board should be more involved right now! I agree 100%. Each time this has come up, the Mayor has shot it down. Why Mr. Mayor? What are you afraid citizens will bring to the table in discussions? What are you afraid they will tell others? If those are not issues, then get away from 'secrecy center' and start letting citizens be a part of their town and their government!!!