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12-14-10 Minutes131 Copies of video recordings of meetings of the Herndon Town Council (except work session meetings) are available for review and can be purchased upon request. Please call HCTV at 703 - 689 -2323. Enriching the Quality of Life and Promoting a Sense of Community HERNDON TOWN COUNCIL Tuesday December 14, 2010 The Town Council met in public session on Tuesday, December 14, 2010 at 7:00 p.m. in the Ingram Council Chambers, 765 Lynn Street. In attendance were: Mayor: Stephen J. DeBenedittis Councilmembers: Connie Haines Hutchinson Lisa C. Merkel Sheila A. Olem Jasbinder Singh Grace Han Wolf Absent: William B. Tirrell Town Manager: Arthur A. Anselene Town Attorney: Richard B. Kaufman Chief of Police: Toussaint E. Summers, Jr. Deputy Town Clerk: Margie C. Tacci Director of Finance: Mary K. Tuohy Director of Human Resources: Linda A. Simmons Director of Parks and Recreation: Cindy S. Roeder Director of Public Works: Robert B. Boxer Public Information Officer: Anne P. Curtis Police Sergeant: Si Ahmad Transportation Program Manager: Mark E. Duceman 132 December 14, 2010 (public session) Senior Planner: Dana E. Heiberg The meeting was called to order at 7:00 p.m. with all members present, with the exception of Councilmember Tirrell, and with Mayor DeBenedittis presiding. Mayor DeBenedittis welcomed Kirsten Greene and called upon her to come forward to lead the audience in the Pledge of Allegiance to the Flag of the United States of America. 1. ANNOUNCEMENT Mayor DeBenedittis announced that Councilmember Tirrell was not feeling well and would not be present this evening. 2. PRESENTATIONS Certificate of Appreciation to William R. Edmonston, Department of Community Development, for Dedicated Service March 6, 2006 to January 1, 2011 Dana E. Heiberg, Senior Planner, stated that Mr. Edmonston has made significant contributions to the Town during his tenure and would be sorely missed. Arthur A. Anselene, Town Manager, stated that the contributions that Mr. Edmonston and his team have made over the last five years to the Town have been tremendous, which have been shown in statistics on the overcrowding enforcement initiative. He stated that when Mr. Edmonston began enforcement efforts there were approximately 150 cases of overcrowded homes each month. Currently, there are approximately 20 per month. Mr. Edmonston's efforts have made a positive impact on the Town and he would be greatly missed. Mayor DeBenedittis expressed his appreciation to Mr. Edmonston for his hard work. He stated that prior to coming to Herndon, Mr. Edmonston had been employed with the Fairfax County Police. Fermina Rochac, Community Inspector, stated that she never saw Mr. Edmonston lose his cool. She stated that he was a great teacher and he would be irreplaceable. Former Councilmember Richard Downer stated that Mr. Edmonston came to the Town during a trying time, he organized a difficult activity and did an excellent job. He handled his duties properly, fairly and in a timely manner. Mr. Downer wished him the best of luck in Florida. 133 December 14, 2010 (public session) Former Councilmember Charlie Waddell expressed his appreciation to Mr. Edmonston for his service to the Town and to the Herndon Community Association Coalition. Robert B. Boxer, Director of Public Works, expressed his appreciation to Mr. Edmonston for his efforts with overcrowding. He stated that Public Works staff works very closely with zoning enforcement and he appreciated Mr. Edmonston's ability to organize a team and run a seamless operation. He wished Mr. Edmonston the best of luck in Florida. Toussaint E. Summers, Jr., Chief of Police, stated that Mr. Edmonston has been a tremendous help to the Herndon Police Department. He stated that Mr. Edmonston's experience with the Fairfax County Police was of great value to the Town and saved many man - hours. Ed Garrison, President of Hunters Creek Homeowners Association, stated that Mr. Edmonston has been instrumental in helping with overcrowding and zoning issues in the Hunters Creek neighborhood. He wished him the best of luck in his retirement. Councilmember Hutchinson stated that Mr. Edmonston has been extremely responsive, dedicated and professional in his work for the Town. He has made a difference and is leaving Herndon with a better quality of life. Mr. Edmonston expressed his appreciation to the Town Council and staff for giving him the privilege of working for the Town. He stated that it has been an enjoyable experience and he expressed his appreciation to the members of the community who have made it easier for zoning enforcement staff to do their job. He also expressed his appreciation to Mr. Anselene, Mr. Kaufman, Mr. Capsalis, Mr. Boxer and Mr. Orrison for their team efforts in solving problems to make the community better. He congratulated his staff for getting the job done. Mayor DeBenedittis called upon Mr. Edmonston and his family and staff from the Department of Community Development to come forward to join him and the entire Town Council for the formal presentation. Proclamation, `Drunk & Drugged Driving 03 -D') Prevention Month,' December 2010 Councilmember Hutchinson read the following proclamation into the record, which: • Proclaims December 2010 as `Drunk & Drugged Driving (`3 -D') Prevention Month in the Town of Herndon; and 134 December 14, 2010 (public session) • Encourages everyone to join the efforts to prevent drunk and drugged driving and to make conscious decisions not only during the holiday season but every day. TOWN OF HERN1DON, VIRE' NI PROCLAMATION DRUNK AND DRU66ED DRIVINEi ("3-D") PR NTION MONTH DECEMBER 2010 The Mayor and Town Council of the Town of Herndon, Virginia, hereby proclaim December 2010 as 'Drunk And Drugged Driving 0- D') Prevention Month' in the Town of Herndon; support the efforts of the Herndon Police Department, Mothers Against Drunk Driving and other like - minded groups to promote public education, increased enforcement and safety awareness in the nation's most frequently committed violent crime - drunk and drugged driving; encourage everyone to join the efforts to prevent drunk and drugged driving and to make conscious decisions not only during the holiday season but every day to ensure a safe and healthy life by not driving while impaired or allowing others to drive impaired; and invest in the power of prevention to make our communities safer and stronger. /s/ Steve DeBenedittis, Mayor December 14, 2010 For more information about drunk and drugged driving prevention, contact Sergeant Si Ahmad at the Herndon Police Department at 703 - 435 -6873 or or visit the Northern Virginia Chapter of Mothers Against Drunk Driving Web site at Mayor DeBenedittis called upon Toussaint E. Summers, Jr., Chief of Police; Si Ahmad, Police Sergeant; Laura Dawson, Mothers Against Drunk Driving, (MADD); and Noreen M. Dinndorf, Senior Victim Advocate, to come forward to join him and Councilmember Hutchinson for the formal presentation. 135 December 14, 2010 (public session) Sergeant Ahmad stated that in 2008, more than 11,700 people were killed in the United States due to alcohol related crashes. Of those, 216 were children under the age of 15. During 2008, more than 1.4 million drivers were arrested for driving while impaired. He stated the Town is progressively and actively patrolling during the month of December and would be having a checkpoint on Friday, December 17. He stated that any person who would like a sober ride could call Sober Ride at 1- 800 - 200 -taxi. He urged all residents who see a person driving erratically to contact the police immediately. Ms. Dinndorf expressed her appreciation to the Herndon community for their continued support of MADD and for continuing to raise awareness among the community. Ms. Dawson expressed her appreciation to the Town Council for their efforts, which would stop another person from being the parent of child killed by a drunk driver. Good Neighbor Award Mayor DeBenedittis called upon Barbara Glakas to come forward to provide background on the Good Neighbor Award winners. Ms. Glakas expressed her appreciation to the Town and to Anne Curtis, Public Information Officer, for their support with the Herndon Homes Tour. She stated that last night was the Cultivating Communities Initiative's "Dress Up Herndon for the Holidays" event. She stated that 15 homes were recognized for their decorations, which are listed on the Town's Web site. Ms. Glakas stated that the Good Neighbor Awards were continued from last month and she introduced the Malito family and Drew and Krista Curtiss who were the award winners. 4. COMMENTS FROM THE TOWNMANAGER There were no comments from the Town Manager. S. COMMENTS FROM THE TOWN COUNCIL Street Solicitation Ordinance — Councilmember Singh stated that many people have spoken out about the street solicitation ordinance over the past six months, but very little relevant information has been provided. He stated that people have asserted that the ordinance was designed to address traffic safety issues. He would 136 December 14, 2010 (public session) like speakers to provide documented quantitative information on traffic accidents caused by day laborers standing on sidewalks, Miss Liberty walking on Elden Street, high school students standing on sidewalks for carwashes and firefighters asking for donations over the past ten years in Herndon. He stated that the current ordinance, as written, can be enforced only on streets where there is no street parking available. Therefore, day laborers could simply walk across the street from where they currently stand and the ordinance would not apply. Councilmember Singh would like people to explain why this ordinance makes good public policy when it does not solve safety problems. He stated that some people have indicated that this ordinance is constitutional and he requested someone to provide him with a basis for that opinion. He stated this ordinance is based on a law under which police can charge a person who steps into the roadway to solicit jobs with a traffic infraction and he would like an explanation as to how this ordinance is consistent with the provisions in the State law. Various — Councilmember Hutchinson announced that Santa would be at the Herndon Dulles Visitors Center on Wednesday evenings between now and Christmas. She stated that the Herndon Homes Tour was a lovely event and she thanked the homeowners for their efforts. Various — Councilmember Wolf expressed her appreciation to everyone who turned out for the Herndon Homes Tour and the Tree Lighting /Sing Along and she sent a special thank you to the Herndon High School band for providing music. She wished everyone a safe and happy holiday season. She stated that she has been working on the kick -off of the Economic Development Task Force and she looks forward to bringing good news to the Council in the spring of 2011. Various — Councilmember Olem stated she enjoyed the Herndon Homes Tour. She stated that ArtSpace had a display from Runnymede, England, the Town's sister city. She stated ArtSpace would be having a New Year's Eve party and details are available on their Web site. She invited residents to visit her neighborhood and see the lights and decorations she and her neighbors have put up. Various — Vice Mayor Merkel provided written testimony, which is on file in the Town Clerk's office. She reflected on the first six months of the 2010 -2012 Town Council term and stated they have moved forward with Metro planning, streamlined presentation policies, opened the skate park and implemented an Economic Development Task Force. She urged citizens to get involved in the community. She stated that her campaign for Council cost a total of $3,200. Of that, $1,335 was donated by private citizens and the remainder she funded. No funds were solicited or received from any PACs or special interest groups. She stated that her interest as a candidate was, and continues to be, advocating for the best interest of the Town and its citizens. She stated that she did not approach the Virginia New Majority for money and did not accept money from them. It is her hope that this dispels any accusations that have been made regarding the integrity of her 2010 campaign. She clarified that the recommendation for a closed session 137 December 14, 2010 (public session) to discuss the street solicitation ordinance came from Richard B. Kaufman, Town Attorney. She wished everyone a joyous holiday season and Mayor DeBenedittis a happy birthday, which he would celebrate on Christmas Day. Town Council — Councilmember Singh stated that he agreed with some of the comments made by Vice Mayor Merkel. He stated that many people testified that the Town should move on and deal with Metro and not deal with the solicitation ordinance. He stated that this Council decided that the downtown master plan and Metro would be discussed at every work session and would be standing agenda items. He stated the Council is making great progress and the people suggesting that the Council move on have not been attending the work sessions. He stated that Councilmembers tirelessly attend meetings outside of the Town to learn about issues and to make contacts with other localities. He assured the public that the Council is working very hard to see that changes are made. Traffic Pattern — Mayor DeBenedittis stated that due to preliminary test work for future utility relocation, turn lanes off Elden Street onto Station and Spring Streets and on- street parking on Spring Street would be closed through mid - January. Leaf Collection — Mayor DeBenedittis announced leaf collection would be extended through December. Town's Holiday Schedule — Mayor DeBenedittis announced that Town offices would close at noon on Thursday, December 23 and would be closed all day on Friday, December 24 and Friday, December 31. The Community Center would be closed on Christmas Day and New Year's Day; open until 4:00 p.m. on Christmas Eve; open until 6:00 p.m. on December 26, and until 5:00 p.m. on New Year's Eve. The Golf Course would be closed on Christmas Day. Refuse would not be collected on Friday, December 24 or Friday, December 31. Refuse for those days would be collected on Monday, December 27 and Thursday, December 30. Metro — Mayor DeBenedittis stated that public comments on the Metro area redevelopment are requested by January 28 and he encouraged the public to weigh in with their vision for the arrival of Metro to Herndon. Holiday Events — Ma yor DeBenedittis stated there are man y holiday events planned in Town throughout December and he encouraged residents to visit the Town's Web site for details on the following: • Santa's Workshop — Saturday, December 18, 2:00 p.m. until 4:00 p.m. at the Community Center; • Holiday Youth Musical Cafe — Saturday, December 18, 2:00 p.m. until 4:00 p.m. at ArtSpace; 138 December 14, 2010 (public session) • New Year's Eve Scramble — Friday, December 31, 10:00 a.m., Four Person Captain's Choice at the Herndon Centennial Golf Course; • New Year's Eve Celebration Bonfire — Friday, December 31, 9:00 p.m. until 10:00 p.m. at ArtSpace; and • New Year's Eve Celebration Musical Cafe — Friday, December 31, 10:00 p.m. until 1:00 a.m. at ArtSpace. Closed Meeting — Mayor DeBenedittis moved that the Council convene in a closed meeting tonight, rather than as previously discussed for January 4, 2011, under section 2.2- 3711(A) (7), Virginia Code for consultation with legal counsel employed by the Town Council regarding specific legal matters requiring the provision of legal advice by such counsel relative to the street solicitation ordinance; and that the rules as to order of business be so suspended and that the agenda be so amended. This motion was seconded by Councilmember Hutchinson. Mayor DeBenedittis stated that there has been discussion of the closed meeting and he sees no reason not to do it right away to see if the street solicitation ordinance issue could be dealt with quickly. Councilmember Hutchinson concurred with Mayor DeBenedittis and stated there are many people present who would like to speak about the street solicitation ordinance. She stated that it is important for the Town to decide if this matter would continue to be discussed. Councilmember Olem stated that she was not in support of having a closed meeting this evening. She stated that until now, she was under the impression that the closed meeting would take place in January and she has been working with staff to put together information for the meeting. Councilmember Singh stated that the Council does not have all the information that he would need to make a decision this evening. He stated that the Mayor informed the Council at 4:00 p.m. today that he would like to go into closed session this evening. He stated that he is not convinced that the Town Attorney is prepared to discuss the five options the Town Council has regarding the street solicitation ordinance. He would like the closed meeting to take place on January 4, as previously indicated to allow Councilmembers more time to prepare. Vice Mayor Merkel stated that she would feel comfortable discussing the street solicitation ordinance this evening, however, there is a room full of citizens and staff who are present for public hearings and she does not think it is appropriate to have them wait for their opportunity to speak to the Council. She stated that she 139 December 14, 2010 (public session) would not support going into a closed meeting tonight. She stated that the Town Attorney clearly stated that he would be prepared to move forward on January 4 and that is what she would like to do. Councilmember Wolf stated that she would not support going into a closed meeting this evening, especially since Councilmember Tirrell is absent. She stated that not enough time has been spent discussing the street solicitation ordinance and a January 4 closed session would be the appropriate time. The question was called on the motion, which failed by a vote of 2 -4. The vote was: Councilmembers Hutchinson yes Merkel no Olem no Singh no Tirrell absent Wolf no Mayor DeBenedittis yes 6. COMMENTS FROM THE AUDIENCE Mayor DeBenedittis stated that prior to tonight's meeting the following individuals submitted written comments, which would be entered into the record: • Bob Bruhns; • Robin Carroll, Richard Downer & Les Zidel, on behalf of the Herndon Foundation for the Cultural Arts; • Ann Csonka and John DeNoyer; • Richard Downer, on Dulles Regional Chamber of Commerce; • Amanda Geary; • Barbara Glakas; • Gerald Gordon, on behalf of the Fairfax County Economic Development Authority; • David Hartnett; • Betty Hatfield; 140 December 14, 2010 (public session) Nancy Husch; • Tom Kellner; • Ruth Tatlock; and Les Zidel. Resolution 10 -G -91 — Paul Zeigler, 601 Nash Street, Herndon, requested the Town Council to allow him to speak to the points that are relevant to his property, house and well -being regarding Resolution 10 -G -91 during the General portion of the agenda this evening. He stated that he made some mistakes, which were not intentional, and there were some miscommunications. He stated that his brother was working on his behalf, but ran into unfortunate circumstances and did not get back in contact with John Orrison, Building Official. He stated that he is scared about what is happening in Town and to him. He stated that 80 percent of the statements the Town Attorney made in July in a public forum were untruthful, incorrect or misleading and destroyed his character, in his opinion. Mr. Zeigler stated that again last week; comments were presented that were grossly misleading. He stated he was given three zoning violations that were false and were eventually overturned. He stated that there is a need for an administrative investigation into why all these things have taken place. Herndon Holiday Events — Richard Downer, 44354 Oakmont Manor Square, Ashburn, stated that last Saturday and Sunday the Herndon Chamber of Commerce sponsored the fifth annual Herndon Holiday Model Train Show at ArtSpace. Last Saturday, the Caboose Open House was hosted by the Sterling Park Amateur Shortwave Radio Club and the Depot Museum Open House was hosted by the Herndon Historical Society. He stated that the events were successful and more than 670 guests attended. He expressed his appreciation to the many volunteers who assisted with all of the weekend events, the Department of Public Works, the contractor who painted the caboose, the Town Manager's office and the Public Information Officer. He wished everyone a happy and safe holiday season. Good Neighbor Award — Ann Csonka, 600 Austin Lane, Herndon, provided written documentation stating she was happy to see the Curtiss' receive a Good Neighbor Award and stated they are good neighbors to the broader community as well. They have participated in the Sugarland Run Cleanup for the past 25 years and she provided additional information on what the family has done throughout the years. Connections with and awareness of the natural world should be maintained by all individuals. She suggested that the Town should have an environmental stewardship award for those who actively participate in significant stewardship of the natural environment in Herndon. 141 December 14, 2010 (public session) Street Solicitation Ordinance — Bill Campenni, 1104 Iron Ridge Court, Herndon, stated that normally he would address the Council as a whole, but tonight he would make an exception. He stated that Councilmember Singh should start doing his homework and he requested him to provide the public with facts backing up his statements. Mr. Campenni stated that Councilmember Singh is not a constitutional lawyer and he indicated that on two emails he sent to Councilmember Singh, he provided constitutional authorizations and authorities regarding "anti- solicitation ordinances." He stated that if Councilmember Singh did not read them, then he did not do his homework. He stated the Town is being sued because of the claims of the Virginia New Majority (VNM) and not because of traffic safety. He stated that according to the Herndon Police, no one has received a summons for solicitation since the ordinance went into effect. He suggested that Councilmember Singh speak with the VNM and let them show him numbers explaining how this is a racist and discriminatory ordinance. He stated that the VNM is keeping this topic active and if Councilmember Singh would like to move on, he should speak to them. He stated that according to the ordinance, individuals could solicit by the Ice House Cafe and in front of Horn Motors. Responding to Mr. Campenni's comments, Councilmember Singh stated that he has investigated everything and looked at everything related to the solicitation ordinance and requested Mr. Campenni to not accuse him of anything. Street Solicitation Ordinance — Arturo Prieto, 1102 Wintrol Court, Herndon, stated he moved to Herndon almost 25 years ago, because there were good schools, low crime rates, nice neighborhoods, a new Town government and a lot of businesses coming to the Town. As an American citizen, he stated that he does not support illegal immigration, but he does support comprehensive immigration legislation by the Federal government. He stated that he does not support day laborers standing in the street, but he does support day laborers being in a secure place where they can be hired and not abused by those who hire them. He stated that he does not support the "anti- solicitation ordinance" because, in his opinion, it is unconstitutional. Street Solicitation Ordinance — Bob Rudine, 818 Alabama Drive, Herndon, stated that, in his opinion, the complaints on the street solicitation ordinance are derived from the exaggerated fears that the day laborers would be adversely affected. To his knowledge, there have been no citations issued since the ordinance went into effect. He stated the hirings he has observed since the ordinance was implemented have occurred in parking lots of 7- Eleven, Super Mercado and in the Amphora driveway, not in the public right -of -way. He stated the law seems to be well understood by the public and day laborers have adapted and are still being hired. He stated that Herndon is better off with this law than without it. Street Solicitation Ordinance — David Hartnett, 1001 Pembrook Street, Herndon, stated that he supports the Town Attorney's efforts and the suggestion that the Council convene in closed session to discuss the street solicitation 142 December 14, 2010 (public session) ordinance. He stated that as a taxpayer, he is not opposed to spending taxpayer money to defend the Town's ordinance. He stated that the Town Attorney's office could use additional staff. Street Solicitation Ordinance — David Kirby, 1303 Benicia Lane, Herndon, stated that he does not see the word "anti" anywhere in the street solicitation ordinance. He stated that, at most, the ordinance is a restrictive one. He stated that the ordinance is a matter of safety. He stated there are alternatives listed in the ordinance that would allow for solicitation. Street Solicitation Ordinance — Maria Castillo, 418 Arkansas Avenue, Herndon, stated she has lived in Herndon for 27 years. She stated that she is a citizen and she is here to help compatriots from her country find better opportunities. She requested the Town Council to listen to their voices. She stated that she voted for the new Councilmembers because she thought they supported the Hispanic community. She requested the Town Council to suspend the solicitation ordinance. Street Solicitation Ordinance — Ruth Robertson, 602 Third Street, Herndon, stated that she sent the Town Council an email in October regarding an article on possible litigation over the "anti- solicitation ordinance." She stated that she erroneously pointed out that Lady Liberty was probably exempt from the ordinance. She stated that Councilmember Wolf responded with a clear and concise explanation and pointed out her error. Ms. Robertson requested that Councilmember Wolfs response, which is on file in the Town Clerk's office, be made a part of the public record. She stated that when she was teaching in Alexandria, she witnessed a child get hit and killed by a car while he was running across the street to get to a car wash. Street Solicitation Ordinance — Les Zidel, 1458 Kingsvale Circle, Herndon, stated that a lot of issues brought up this evening deserve answers. He stated that the study of constitutional law is not just in the hands of attorneys. He stated that if the solicitation ordinance pertains to public safety, then the day worker issue should not be raised. He stated that individual's rights could be limited by public safety issues. He stated that if a constitutionally correct ordinance is the ultimate goal, then a neutral third party opinion should be sought for an advisory opinion, which should focus on the constitutionality of the ordinance. He stated that in September 2008, the Town Attorney suggested asking for a judgment on the ordinance without merits of a particular case. Street Solicitation Ordinance — Nancy Myers, 509 Herndon Woods Court, Herndon, provided written testimony, which is on file in the Town Clerk's office requesting the Town Council to repeal or revise the street solicitation ordinance. 143 December 14, 2010 (public session) Street Solicitation Ordinance — Eric Boll, 792 Grant Street, Herndon, stated that the street solicitation ordinance should be revisited, since it restricts the behavior of citizens in a free society. He stated the ordinance has gone beyond what is best for the public interest. Street Solicitation Ordinance — Ann Csonka, 600 Austin Lane, Herndon, expressed her support for repealing the "anti- solicitation ordinance," because it is overreach and overkill. She stated that there is a memorandum titled "Request for Action, FAQ Regarding Day Worker Employment Law" on the Town's Web site and she hopes that the FAQ answers are modified, since providing incomplete answers puts law - abiding Town citizens in an unacceptable position. She stated that it is reasonable and legal for Town homeowners to hire day laborers for heavy work or yard work. She stated that the last three workers she hired from the corner of Elden and Alabama Streets were legally present in the United States and had documentation to prove it. Mayor DeBenedittis apologized to his colleagues for allowing Ms. Csonka to speak twice, which was an oversight on his part. Various — Sherry Blanton, 549 Florida Avenue, Herndon, stated that she would support repealing the solicitation ordinance. She stated that she reported graffiti on the bus shelter at the corner of Alabama Drive and Florida Avenue and she expressed her appreciation to the Town for the quick response in having it removed. She stated that Herndon does many wonderful things during the holidays and she is glad that ArtSpace would be holding events on New Year's Eve. Street Solicitation Ordinance — Barbara Glakas, 935 Barton Oaks Place, Herndon, stated that just because the street solicitation ordinance applies to all people, does not make it fair. This ordinance limits all people's free speech rights while standing on sidewalks. She questioned if this ordinance is about safety, why does immigration status keep being discussed? She stated that she has a feeling that everyone knows what group of people the speakers are referring to, but everyone acts like there is no bias going on. She stated that people have a right to seek a job anywhere they please. She stated that the Town Council should do everything possible to reverse the negative atmosphere in Herndon. Street Solicitation Ordinance — Charlie Waddell, 929 Barton Oaks Place, Herndon, stated that Vice Mayor Merkel was correct in disassociating herself from the Virginia New Majority (VNM) and repudiating their influences. He stated that one of the reasons for the ordinance is public safety. He personally has almost hit people on Elden Street who were crossing the street. He stated that laws are preventive and not necessarily punishments. The ordinance does not deny people their rights and he does not want the VNM to hold the Town hostage. 144 December 14, 2010 (public session) 7. PUBLIC HEARINGS Ordinance 10 -0 -40, Chapter 78 (Zoning), Sections 78- 401.13 (Commercial Utilities Use Category), 78- 400(b) (Table of Principal Permitted & Allowed Uses), 78 -402.3 (Permitted & Allowed Accessory Uses) & 78 -701 (Definitions) Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers showing that notice of said public hearing had been duly advertised in the November 24 and December 1, 2010 issues. Mayor DeBenedittis stated that staff is requesting the Town Council to continue the public hearing on this item until January 11, 2011. Mark R. Holland, Zoning Administrator, briefly presented the staff report dated December 7, which is on file in the Town Clerk's office. If approved, this proposed text amendment to the Town of Herndon Zoning Ordinance (2007), Herndon Town Code (2000) would allow land -based communications towers, monopoles and other structures designed to hold telecommunication antennae and /or microwave dishes in all zoning districts on land owned by a public entity or government authority with the granting of a special exception. Currently, freestanding commercial communication towers and monopoles are not allowed as a primary use except within the Office and Light Industrial (O &LI) zoning district with the granting of a special exception and within the Planned Development- Business district as part of a zoning map amendment. Property owners who would obtain special exceptions would benefit from income generated by the telecommunications facility. This would include Town owned properties. At its public hearing, the Planning Commission recommended approval of Ordinance 10 -0 -40, as presented. Mr. Holland stated that the applicant indicated that no study had been performed regarding the best locations in Town for monopoles, but Herndon Middle School is of interest. He stated that the applicant also indicated that public entities were more accommodating and easier to work with than private entities. Mr. Holland stated that a monopole could co- locate a maximum of five providers and any antenna replacement would vary based on the wireless provider. He stated that the need to construct monopoles would be based on demand. Currently, the Town is underserved. Mr. Holland stated that the monopoles would be hollow and the cables and wires would be encased in the poles. He stated that the co- located light poles currently being used in Chantilly and Centreville High Schools are between 125 and 130 feet above grade. Staff is recommending a continuation of this application to allow time to provide additional language in the ordinance. The public hearing was held and the following individuals presented testimony: 145 December 14, 2010 (public session) • Frank Sterns, attorney representing the applicant, stated that the reason for this application is because wireless communications are in high demand and the spectrum is being overloaded. He stated that currently, Herndon could only be covered through the O &LI area or through existing structures of sufficient height. He stated that the applicant is not requesting any particular site at this time, only that the ordinance be updated to allow for additional locations for monopoles. He presented a PowerPoint showing an overview of the wireless program. He stated that there would be a benefit to schools should they allow monopoles on their property, since the poles could generate an income of over $400,000 per tower. Councilmember Hutchinson expressed concern with the number of poles that would be in Town in the future, if the need would double annually. Mr. Sterns stated that he could not predict the future need, since technology and the population are constantly changing. Responding to Councilmember Singh's query, Mr. Sterns stated that it would take approximately two or three years from when a need is identified to when it actually is installed and active. He stated that Herndon is underserved and the providers would need sites within the next five years. He stated this is a customer driven, proactive approach to get cells up before they are dropped. • Sherry Blanton, 549 Florida Avenue, Herndon, questioned if the poles are installed now, would there be a guarantee that in five years they would not be obsolete? Mr. Sterns stated that he heard the same question in 1985 when he put the first pole up. He stated that all leases require that if the equipment is no longer needed, it must be removed within 90 days. The equipment is very expensive. • Barbara Glakas, 935 Barton Oaks Place, Herndon, stated that she agrees with allowing the telecommunications facilities, because it would increase the responsiveness that would be needed. She stated that it would help with economic development, because it would make Herndon more marketable. It also would increase competitiveness between the telecommunication companies, which could drive prices down. She stated that she is confident that the Town Council and staff could come up with an appropriate way for the monopoles to be installed in Town. • Eric Boll, 792 Grant Street, Herndon, expressed his support for allowing the installation of the monopoles in residential areas under the caveat that they are installed using one of the disguising methods. Following the public hearing, Councilmember Hutchinson moved to continue the public hearing on Ordinance 10 -0 -40 until the January 11, 2011 public hearing. This motion was seconded by Councilmember Wolf. 146 December 14, 2010 (public session) Councilmember Hutchinson stated that the Council has tasked staff with providing more information and she looks forward to hearing the response. She stated that this could have an effect on the visual quality of the Town. Councilmember Wolf stated that there is no doubt that the additional technology would be needed, but she hopes that the service levels could be maximized in the placement of the monopoles while minimizing the disruption to the visual appearance of the Town. Councilmember Singh stated that the Council has asked the staff to see how architectural controls could be imposed before applications would be approved. Mayor DeBenedittis stated that each facility would require a special exception process. The question was called on the motion, which carried by a vote of 6 -0. The vote was: Councilmembers: Hutchinson yes Merkel yes Olem yes Singh yes Tirrell absent Wolf yes Mayor DeBenedittis yes Resolution 10 -G -149, 2030 Vision Plan, Vision Principles & Goals & Objectives A Certificate of Publication was filed from the Editor of the Fairfax County Times Newspapers showing that notice of said public hearing had been duly advertised in the December 1, 2010 issue. Arthur A. Anselene, Town Manager, briefly presented the staff report dated December 7, which is on file in the Town Clerk's office. In November, the Town Council convened to review the 2027 Vision Plan and to update the Plan to reflect the 2010 -2012 Town Council's vision and goals, which included the vision for the Town, Vision Principles and Goals and Objectives. As part of the review, the Council is considering the adoption of a 2030 Vision Plan with modifications as presented in the proposed plan. He stated that the Town Council identified additional goals for staff to incorporate into the work program and briefly provided an overview of these modifications. Staff recommends approval of Resolution 10 -G -149, as presented. `w December 14, 2010 (public session) The public hearing was held and the following individual presented testimony: • Paul Zeigler, 601 Nash Street, Herndon, stated that that he feels it is too late for the Town to be a "Residential Haven." As an owner of an older home in the historic district of Town, he has tried to do a meticulous job refinishing the house, but the character of his home and the neighborhood has changed drastically in two years. He stated that he would like to volunteer his services to help the Town implement a sustainable mission and work on storm water issues. Vice Mayor Merkel moved approval of Resolution 10 -G -149, 2030 Vision Plan, Vision Principles & Goals & Objectives, with the following revision: • REVISE the 3` sentence on p. 6, under `Our Renowned Amenities' to read: `The cultural experience is heightened by the variety of programming at the local cultural arts center and other community gathering spaces.' This motion was seconded by Councilmember Olem. Vice Mayor Merkel stated that the Planning Commission unanimously approved having a mixed -use arts center in the downtown and there is a lot of support for one from citizens, the Chamber of Commerce and the President and CEO of the Fairfax County Economic Development Authority. She stated that it would be appropriate to have an arts center as part of the 2030 Vision Plan. She stated that the Herndon Foundation for the Cultural Arts would have five years to move the project forward, which could be easily changed if that does not come to fruition. Councilmember Olem concurred with Vice Mayor Merkel and stated that even in the Town calendar a cultural arts center is referenced. Councilmember Singh stated that a cultural center could encompass many things, including an arts center. Mayor DeBenedittis stated that he is not opposed to adding "arts" as a revision. The question was called on the motion, which carried by a vote of 6 -0. The vote was: Councilmembers: Hutchinson yes Merkel yes Olem yes Singh yes Tirrell absent Wolf yes Mayor DeBenedittis yes December 14, 2010 (public session) 10 -G -149 Resolution, Adoption of 2030 Vision Plan, Vision Principles and Goals and Objectives WHEREAS, in November 2010, the Town Council reviewed the 2027 Vision Plan to ensure commitment and progress and to identify the status of efforts for achievement; and WHEREAS, Town Council updated the Vision Plan, Vision Principles and Goals and Objectives and it is recommended that the 2030 Vision Plan, Vision Principles and Goals and Objectives be adopted. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Herndon, Virginia, that it hereby adopts the 2030 Vision Plan, Vision Principles and Goals and Objectives. (NOTE: Attached hereto is a copy of the Herndon Town Council Vision and Vision Principles, Goals and Objectives (Revised 12 -7- 10) and numbered as pages 148-A through 148 -H.) 8. RECESS At 9:21 p.m., Mayor DeBenedittis called a brief recess and at 9:33 p.m., the meeting reconvened in the Ingram Council Chambers for the regularly scheduled public session, with all members present, with the exception of Councilmember Tirrell, and with Mayor DeBenedittis presiding. 9. PUBLIC HEARINGS (Continued) Ordinance 10 -0 -41, Chapter 2 (Administration), Section 2 -3 ( Campaizn Finance Disclosure Act) A Certificate of Publication was filed from the Editor of the Fairfax County Times Newspapers showing that notice of said public hearing had been duly advertised in the December 1, 2010 issue. Richard B. Kaufman, Town Attorney, briefly presented the staff report dated November 10, which is on file in the Town Clerk's office. If approved, the ordinance would make the provisions of the Campaign Finance Disclosure Act of 2006 (CFDA) applicable to all elections for Town offices effective January 1, 2011. The 2008 Virginia General Assembly approved legislation that gave any town with a population of less than 25,000 the ability to provide by ordinance that 148 -A HERNDON TOWN COUNCIL VISION AND VISION PRINCIPLES, GOALS AND OBJECTIVES (Revised 12 -7 -10) 2030: A Vision for the Town of Herndon In the year 2030, Herndon continues to be a 21" century town where history and heritage are respected and where people and their involvement matter. Herndon's inclusiveness and sense of community foster empowerment in each citizen. Its unique character and charm attract a wide variety of people, including many families who are raising their children here. Herndon is the anchor of an expanded community where positive benefits extend beyond the Town's boundaries. Herndon is made strong in 2030 by: Citizens Who Are Engaged in our Community Our citizens, while from many backgrounds, are united and empowered to participate in the community through volunteerism and leadership opportunities within civic organizations and Town government. Herndon's many municipal and volunteer programs serve the full spectrum of the community. The citizen - elected government, in concert with the professional staff, is keenly aware of its responsibility to all citizens and how its actions impact their daily lives. Citizen input is encouraged and facilitated and serves as a catalyst for action. Respect for citizens' opinions and civility among Council Members and the public create a workable, cooperative atmosphere where government is responsive and effective. Vision Principles We will continue to listen, explain, and educate so that we have open and transparent governance and all citizens feel included, empowered, and respected. 2. We will embrace the broad spectrum of ideas and incorporate diverse strengths and opinions in the process of governance. Goals and Objectives Goal 1:Expand community involvement in an advisory role to the Council by increasing the opportunity for participation. Goal 2: Establish outreach strategies for specific issues and/or areas of the Town, including strategies that achieve unity within the Town Attachment 10 -G -149 Exceptional Service As a municipal corporation, Herndon and its citizens benefit from the ability to directly control the things that matter. The citizens of Herndon expect and consistently receive programs and services of exceptional quality. Town employees are empowered to provide customer service that exceeds expectations, from initiation to follow — through. Numerous professional accreditations and awards distinguish our staff members. Citizens feel confident that they get good value for their tax dollar. Vision Principles 1. We will attract, maintain, support, develop, and empower a professional staff. 2. We will maintain a capital improvement program to assure maintenance, replacement, and improvement of equipment and infrastructure. 3. We will provide services desired by the citizens within the resources available. 4. We will assure that communication between the citizens and the Town government remains at the highest possible level. 5. We will recognize and appreciate the benefits that Fairfax County provides to our citizens and work cooperatively with the County to maximize those benefits. 6. We continuously seek ways to make it easier to do business in the Town of Herndon. Goals and Objectives Goal 1: Provide robust Internet access for Town financial services and customer relationship management Goal 2: Develop an employee /career development program and a succession management program Goal 3: Continue to improve all Town services beyond their current service levels, to include performance measures and/or benchmarking Goal 4: Investigate low cost ways to streamline the process of establishing a business in Herndon Goal 5: Investigate low cost opportunities to provide individualized assistance to homeowners and businesses as they go through Town processes Attachment 10 -G -149 148 -C Our Rare Sense of Heritage and Place Herndon is a charming and unique town characterized by its harmonious blend of the past and present. Through careful planning and protection of its historic sites and structures, Herndon has preserved the essence and spirit of a small town. This confluence of old and new is evident in the downtown and the adjoining heritage preservation district. The built environment supports and celebrates the historic sense of place that characterizes the Town of Herndon. Thoughtful physical development, including the town's gateways, public open spaces, buildings, and public and private infrastructure, provides both pedestrians and motorists with ample opportunity to experience Herndon's history and ambiance. Vision Principles 1. We will preserve and protect the heritage structures, along with the traditional layout and sense of place in the Town. 2. We will ensure that development that has an impact on heritage districts complements. the historic structures and character of the town. 3. Along with community groups and organizations, we will continue to support community events, festivities, and institutions that celebrate our unique sense of place, heritage, and quality of life. Goals and Objectives Goal 1: Establish cohesive HPRB guidelines and consider codifying all or part of the guidelines Goal 2: Complete an inventory of all town historical structures Goal 3: Determine desired expansion to the Historic Preservation Districts Goal 4: Protect and preserve Herndon's sense of identity and place Objective l: Create a master plan for downtown redevelopment Objective 2: Revise the Zoning Ordinance and other planning guidelines (i.e., Comprehensive Plan, HPRB Guidelines) to ensure that residential and commercial development that has an impact on our heritage districts complement the historic structures and character of the town Objective 3: Complete downtown streetscape improvements Objective 4: Redevelop the downtown to solidify Herndon's sense of identity and place Attachment 10 -G -149 1. A. Objective 5: Sponsor or partner to present events and activities that celebrate and promote the Town's unique character Goal 5:Establish signage to identify our historic sites and districts and place gateway signs at the Town's entrances Maintaining A Residential Haven The Town of Herndon boasts safe, secure, well - maintained neighborhoods that have escaped traffic congestion, overcrowding, and the consequences of growth and development suffered by other metropolitan areas. It is an oasis of appealing green spaces to come home to, where friendly neighbors create a nurturing atmosphere in which families prosper and grow. Vision Principles 1. We will ensure that all citizens live in a healthy and safe environment, free of overcrowding and dangerous structures through energetic and judicious enforcement of standards. 2. We will protect our residential neighborhoods from commercial encroachment. 3. We will protect our green space and maintain high public landscaping standards. 4. We will protect our residential neighborhoods from over - development. 5. We will endeavor to engage in traffic planning to direct through traffic away from our neighborhoods. 6. We will preserve existing single - family detached home neighborhoods and protect via the Comprehensive Plan and other policies these neighborhoods from the negative impact of higher density development. Goals and Objectives Goal 1: Establish and implement a program to revitalize older neighborhoods Goal 2: Eliminate or reduce overcrowding in housing Objective 1: Enforce and enhance current ordinances and regulations Objective 2: Educate real estate industry and general public Attachment 10 -G -149 148 -E Goal 3: Complete survey of open ditch section streets in older neighborhoods and determine how best to accommodate storm water and lighting A Planned Approach to Community Development Herndon has distinguished itself by managing growth to protect and improve its valued quality of life. Sustainable development has been carefully blended into the Town. We have leveraged what is around us and maintained our powerful sense of "hometown." Careful expansion and redevelopment has made Herndon a walkable, livable, social and economic center. The balance between residential and business areas of Town keeps our tax base strong. Housing exists for residents in a variety of income categories, including our senior citizens, teachers, police officers, and other public servants. Vision Principles 1. We will be proactive in attracting sustainable development plans to perpetuate Town values. 2. We will protect town values and quality of life from overwhelming development pressure by coordinating with other jurisdictions, articulating our concerns, and expanding our borders as necessary. 3. We are first and foremost a residential community with a vibrant and valued business presence. 4. We will encourage residential development that allows our citizens to live near where they work, where they play, where they learn, and where they do business. Goals and Objectives Goal 1: Consider and implement Economic Development Task Force recommendations, including a branding strategy for the Town Goal 2: Complete the master planning process for commercial projects subject to redevelopment, especially the Herndon - Monroe Rail Station Impact Area and Downtown Plan. Managing Regional Growth Through Cooperation Herndon's residents and businesses are connected to the rest of the world by transit- oriented development. By expanding the Town's borders, Herndon has ensured that the Town's character, personality, and utility are sustained by diverting traffic that would otherwise turn our local streets into congested throughways. Thoughtful and carefully planned development in these new parts of town, coupled with inter jurisdictional planning with our neighbors, provide the best means of shaping our destiny. Attachment 10 -G -149 148 -F Vision Principles leS 1. We will work with neighboring localities and agencies to optimize regional planning and regional development. 2. In coordination with our neighbors, we will pursue the expansion of the Town in order to provide exceptional services to citizens and to protect our high quality of life. 3. We will promote the value and benefit of living in an incorporated Town. Goals and Objectives Goal 1: Support transportation network outside the western boundary to further improve the Route 28- Dulles Toll Road interchange upgrade and access to the surrounding route 28 metro area Goal 2: Strengthen the relationship with Fairfax and Loudoun Counties to advance common interests, including transportation planning, fire station, the western boundary of the Town of Herndon with Loudoun and Fairfax Counties, and other intergovernmental negotiations with Fairfax County. Modern Multi -Modal Transportation Citizens and visitors who journey in, around, and through Herndon find modes of transportation that are convenient, safe, and accessible. The Town's internal system of sidewalks, streets, trails, and connections to mass transit ensure that the region and the world are always just a few steps away. Vision Principles 1. We will maintain and improve Herndon as a pedestrian and bicycle - friendly environment. 2. We will develop connectivity with the Metro and other public transportation amenities inside and outside of the Town. Goals and Objectives Goal 1: Work with Fairfax County to improve our internal public transportation system, including connectivity to MetroRail and the airport Goal 2: Pursue strategy to have through traffic use the Herndon Parkway instead of internal streets Attachment 10 -G -149 148 -G Goal 3: Advocate appropriate access improvements for the opening of the Herndon/Monroe Rail Station Goal 4: Implement the Master Trails Plan to expand pedestrian and bicycle routes, to include the north/south bike route Goal 5: Develop long -range plan for multi -modal methods to move people in and around town Our Renowned Amenities Herndon's renowned amenities, exceptional programs, and activities draw participants from the region and visitors from around the world. The Town's extensive recreational facilities, including its 18 -hole golf course, community center, nature center, and numerous neighborhood parks, provide superior value and enable citizens to enjoy a high quality of life. Our park system is superbly maintained, well appointed, and accessible to all. The cultural experience is heightened by the variety of programming at the local cultural arts center and other community gathering spaces. The Town, in partnership with citizens and organizations, encourages community -based initiatives that inspire, motivate, and unite us in creating the ultimate environment for human fulfillment. Vision Principles 1. We will strive to protect and maintain the amenities that distinguish us by educating the community on their value and insuring that they are protected in the Comprehensive Plan. 2. So that we may provide services at a reasonable cost and simultaneously enjoy a variety of amenities, we expect our community groups to take responsibility for amenities and programs in which they have a special interest. We will take advantage of a variety of means by which public amenities may be provided including: • Public funding • User fees • Grants • Private funding (group fund raising, etc.) • A combination of the above 3. We will fully encourage citizens to articulate the requirements for public amenities and to take the responsibility and action necessary to bring them to fruition in partnership with the town • Citizens provide conceptual and financial support and manpower to develop, guide, and sustain such amenities • The town will provide leadership, strategic planning, and shared funding (as appropriate) for construction, operations, and maintenance. Attachment 10 -G -149 148 -H Goals and Objectives Goal l: Develop and implement a strategy in which Town staff members identify or participate in opportunities to partner with citizens, organizations, and other government entities to expand services, events, facilities, and amenities Objective 1: Develop partnering models Objective 2: Negotiate an enhanced commitment from Fairfax County to fund town amenities Objective 3: Seek state and federal funding from a variety of sources to create or enhance town amenities Attachment 10 -G -149 149 December 14, 2010 (public session) the provisions of the CFDA shall be applicable to elections for town offices. Herndon's current population is less than 25,000 and therefore prior candidates have been exempt from CFDA requirements. Some of the main requirements of the CFDA: • Any individual seeking or campaigning for an office of the Commonwealth shall file a statement of organization within 10 days. • The candidate shall report campaign contributions and campaign expenditures to the electoral board. • The candidate shall designate a campaign depository, which shall be maintained in a financial institution within the Commonwealth, in an account properly identifying the name of and the existence of the political candidacy. • The failure to file any statement or report, the late filing of any statement or report, and the filing of an incomplete report constitute violations and are subject to civil penalties. Candidates for local office may file an exemption from filing campaign finance reports if: • They do not intend to solicit or accept any contribution from any other person or political committee during the course of the campaign; • They would not contribute more than $1,000 of their own personal money during the course of the campaign; • They would not expend more than $1,000 of their own personal money during the course of the campaign; and • They would comply with all other requirements of the Campaign Finance Disclosure Act. Responding to questions raised by Councilmembers at the work session, Mr. Kaufman stated that in surveying other localities, no one could see an additional cost to the Town for complying with the act. Town staff does not advise or support candidates, so there would not be any Town staff cost for compliance. He stated that the law states that all of the exemptions must be complied with in order to be exempt from the act. The act states that there must be total compliance with it or none at all, therefore, the Town could not pick and choose which parts of the act it would want to adopt. He stated that if a campaign contribution were received prior to a candidacy being announced, it would still be required to be reported since it advanced the campaign. Mr. Kaufman stated that he regards this matter as a legislative decision of the Mayor and Town Council and he does not have a legal recommendation on the matter. 150 December 14, 2010 (public session) Councilmember Singh questioned if the Council approved this ordinance and agreed to comply with reporting requirements at the State level, would Federal reporting also be required? Mr. Kaufman stated that he is not aware of any Federal laws or regulations that apply to a candidate running for local office, except for the Voting Rights Act, which is a different set of laws. Councilmember Wolf questioned if the Town chose not to adopt this ordinance, could future candidates self -opt to provide this type of reporting to the Virginia State Board of Elections? Mr. Kaufman stated that, in his opinion, there would be no legal standing if someone volunteered to opt into this type of reporting. The public hearing was held and the following individuals presented testimony: • Bill Campenni, 1104 Iron Ridge Court, Herndon, expressed his support for this ordinance and he complemented Vice Mayor Merkel for taking the lead on it. He stated that she showed how easily reporting could be done. He stated that he does not know any reason why someone would be opposed to this requirement and whether through the recent census or the next one, this would be a requirement in Herndon. He stated that this would be the quintessential element of openness and transparency. • Charlie Waddell, 929 Barton Oaks Place, Herndon, commended the Council for addressing this matter and stated he does not know why it was not done sooner. He stated there is a higher standard associated with public service, part of which is transparency and accountability. • Barbara Glakas, 935 Barton Oaks Place, Herndon, stated that it is her belief that Herndon has always had open and participatory government. She stated that she has not heard the Mayor explain his case as to why this ordinance should be pushed through, even though it would be a requirement in the future as the Town grows. • Dennis Baughan, 494 Alabama Drive, Herndon, stated that this is not the first time this matter has been brought up. He stated that four years ago there were accusations that outside forces were involved with getting people elected to Council, but he assured the audience that there were no outside forces involved. He stated that Councilmembers are voted into office by the citizens of Herndon and not outside forces. 151 December 14, 2010 (public session) Main Motion (SUBSEQUENTLY SUBSTITUTED) Following the public hearing, Councilmember Hutchinson moved approval of Ordinance 10 -0 -41, Chapter 2 (Administration), Section 2 -3 (Campaign Finance Disclosure Act). This motion was seconded by Mayor DeBenedittis. Councilmember Hutchinson stated that there have been accusations about individual's campaign finances and support for at least the past four years. This ordinance would provide an opportunity to lay all the cards on the table and to allow people to see who is supporting individual candidates. She stated that is very important in the realm of local politics and could only be a good thing. Councilmember Olem stated that small town elections probably cost between $2,000 and $5,000. She stated that she would be willing to show anyone her books, but to add another 20 pages of paperwork may deter people from seeking office. She stated that until the census comes in, she sees no reason to vote on this matter. Councilmember Wolf questioned why there was a rush to pass this before the census comes out? She stated that in general, she prefers more disclosure rather than less. After reviewing the paperwork that would be required, she stated that she would have had nothing to report. She stated that she accepted no money from outside of Herndon, except from her aunts and uncles who sent her $25. Vice Mayor Merkel stated that she contacted Senator Howell who informed her that in 2002 Senator Wagner introduced SB 329 to reduce the town exemption from the Campaign Finance Disclosure Act from 25,000 to 10,000. SB 329 passed the Senate, but was defeated on the House floor 33 -59. The opponents cited volunteer staff and complex reporting requirements as reasons for not supporting it in smaller jurisdictions. She stated that it is easy to share the information, but she expressed concern with the amount of reporting requirements. She supports waiting until after the census is available before approving this ordinance. Councilmember Singh stated that his campaign literature did not relate to campaign finances, but with other things that have not been disclosed over the past four years. He stated he does not think this is the appropriate time to approve this ordinance. Councilmember Hutchinson stated that it is one thing if this is deferred until the census data is available and it becomes mandatory. However, if the Council takes it upon themselves to enact this ordinance, it would help show that they are working together towards transparency in government for the betterment of the Town. Waiting until it becomes mandatory would not increase the moral values or standards with the community. 152 December 14, 2010 (public session) Vice Mayor Merkel questioned what Mayor DeBenedittis' reasons are for pushing this forward? Mayor DeBenedittis stated that it would be a good thing, which could help bring the community together. Councilmember Singh challenged Councilmember Hutchinson and others to first disclose parts of memos that have been kept confidential for four years. He stated that if someone wants to walk on a higher moral ground, that is fine, but making memorandums public should be the first step. Councilmember Hutchinson stated that she assumed Councilmember Singh is referring to confidential memorandums from the Town Attorney on a number of different issues. She stated that the discussion regarding the confidential memorandums has already taken place and it was decided that it was in the best interest of the Town not to bring the items public. Councilmember Olem stated that she does not know where the idea came from that the Town would come together if Councilmembers disclosed their campaign finances, but there are other issues that need to be worked on. She stated that she did not receive any outside money, but she did have two different groups put her on brochures without asking her first. She questioned if this was such a big issue, why was this not brought forward earlier? Vice Mayor Merkel stated that she would pledge to disclose her finances anytime in the future, if she decides to run again. She stated that this ordinance would be overkill. Councilmember Singh stated that he would like to be careful regarding the reporting requirements, deadlines and penalties, which could be time consuming. He stated that, notwithstanding what the Town Attorney indicated, it is his opinion that there would be Federal requirements as well. Councilmember Wolf stated that if the point is to increase transparency, but not burden the candidates, she would be more than willing to voluntarily disclose her campaign finances at any point in time. She shares Councilmember Singh's concerns with Federal reporting and tax implications. Mayor DeBenedittis stated that nothing he says or has said should be misconstrued to accuse anyone of anything. He stated that comparing campaign finance disclosures and confidential memos are two very different things. He stated that he believes this action should have been taken before, but the Town did not have the ability to do so until the General Assembly passed it in 2008. He stated that he understands from other localities that there have not been problems or issues with reporting. He stated that Herndon is the "real deal" with real 153 December 14, 2010 (public session) elections and more money has been spent during the last few election cycles. He did not agree that approving this ordinance would deter candidates from running for office. Substitute Motion (APPROVED) Vice Mayor Merkel moved to continue the public hearing on Ordinance 10 -0 -41 until June 14, 2011, to allow time for the Town to receive the US Census population counts. This motion was seconded by Councilmember Olem. Mayor DeBenedittis stated that he was surprised that the Town Council could not show their leadership and pass this ordinance this evening. Vice Mayor Merkel stated that there are many more opportunities that are much more pertinent for the Town Council to come together to show leadership. She does not see the need to rush into this, since there is not another election until 2012. Councilmember Singh stated that there are many more things he has on his plate and this matter has become a diversionary tactic. He stated there is still plenty of time to decide on this matter. He stated that although it is recommended that there be a date certain listed, he would prefer not to list a date. Vice Mayor Merkel stated that she is comfortable continuing this item until June 14, 2011. The question was called on the motion, which carried by a vote of 4 -2. The vote was: Councilmembers: Hutchinson no Merkel yes Olem yes Singh yes Tirrell absent Wolf yes Mayor DeBenedittis no 10. GENERAL Resolution 10 -G -91, Civil Action for Injunction Against Paul Zeigler & his Real Estate at 601 Nash Street to Abate Building Code Violations 154 December 14, 2010 (public session) Mayor DeBenedittis stated that action on this resolution was deferred from the July 13 meeting. Prior to tonight's meeting, written comments were received from Paul Zeigler and Jim Zeigler and would be entered into the record. Richard B. Kaufman, Town Attorney, briefly presented the staff report dated November 18, which is on file in the Town Clerk's office. He stated that this matter deals with whether or not the Town Council should authorize a suit of civil action for injunction against Paul Zeigler to force him to address a court order alleging deficiencies under the property maintenance code of the house he owns at 601 Nash Street. That matter has been obviated by events, and therefore he no longer recommends that the Town Council authorize this civil action for injunction. He stated that it is his recommendation that this matter be passed by indefinitely, so that it would not be heard by the Mayor and Town Council unless facts changed in the future that warranted bringing the matter back before Council. He briefly provided background on this matter, which indicated there was a notice of violation sent to Mr. Zeigler on March 25, 2010. The notice described various property maintenance code alleged violations that pertain to 601 Nash Street. They included construction without a permit, electrical outlets that were informally done without a permit and alleged trash and litter in the house. Notice of violation had previously been sent to Mr. Zeigler in November of 2009. When Mr. Zeigler did not comply with the March 25, 2010 notice of violation, Mr. Kaufman recommended that the Town Council authorize the suit for injunction against Mr. Zeigler, so the court could order him to comply with the law. He stated that the reason he recommended that course of action was that Mr. Zeigler lived in Pennsylvania and there was no way to get jurisdiction over him personally, but it would have been possible for the Town to get jurisdiction over the land. That matter was heard on July 13 and Mr. Zeigler stated that he would resolve the alleged property maintenance violations within 30 days. At that time, the Town Council voted to allow Mr. Zeigler time to correct building code violations and deferred the matter until this evening. On December 7, the building official inspected 601 Nash Street and found alleged major structural property maintenance issues. The alleged violations involve parts of the flooring and walls that are no longer capable of supporting the required loads. Mr. Kaufman stated that as a lawyer, this would take the house out of the "garden variety" type of maintenance violation and put it into an alleged unsafe structure. Passing this by indefinitely would allow Mr. Zeigler another 30 days from December 7 to correct the alleged structural violations in addition to the other violations cited. If he does not comply, three things would happen: 1) the house would be placarded; 2) the Certificate of Occupancy would be revoked by the Building Official; and 3) the Building Official would refer the matter to the Town Attorney for appropriate action, which could include the adoption of an ordinance whereby the Town could take control of the property. If that were the case, the Town could repair the property, file a lien and sell the property to satisfy the lien. Mr. Zeigler would have the right to appeal to the Building Board of Appeals. This matter is in the hands of the Building Official who has the police powers necessary to get it resolved. 155 December 14, 2010 (public session) Councilmember Olem expressed her appreciation to Mr. Kaufman for a very thorough report and all of the information he sent to the Council pertaining to this matter. Councilmember Hutchinson questioned what would happen if the Council voted this evening to file a civil action for injunctions and the motion failed? Mr. Kaufman stated that this would be consistent with his recommendation, since the matter would still be in the hands of the Building Official. Councilmember Hutchinson questioned if Councilmembers could be allowed to question Mr. Zeigler, since this was a general item? Mayor DeBenedittis questioned if any Councilmember had concerns allowing specific questions to be asked of the owner? Seeing none, he stated that questions could be allowed by acclamation. Councilmember Hutchinson questioned if any of the violations that Mr. Zeigler had been cited for existed when he purchased the home? Mr. Zeigler stated that a number of the violations existed when he purchased the home, some of which were from the original construction in 1898. He stated that some of the violations were written up by a zoning official and not a building official after someone reported him for having four zoning violations. He stated that after one year, all four of the zoning violations were overturned. Councilmember Hutchinson questioned if Mr. Zeigler had abated the violations? Mr. Zeigler stated that he has abated almost all of the violations, even those he did not agree with. He stated that he highly respects John Orrison, Building Official. Councilmember Singh questioned if some of the old violations were still pending, if they involve a substantial amount of money that Mr. Zeigler does not have, if the projects are difficult and if they would take a long time to complete? Mr. Zeigler stated that two violations are pending, because Mr. Orrison recommended that they be handled through a building permit. He stated that he already purchased the materials needed to repair the violations. He stated that most of the projects would be easy to repair, but several would be extensive. He stated that until he can get into the wall, he would not know how long it would take to complete. Vice Mayor Merkel stated that when this came before Council in July, Mr. Zeigler assured them that he could rectify the violations within 30 days and the Council approved a five month continuation. It is now December 14, and although Mr. Zeigler is dealing with many problems, this matter has been going on for too long. 156 December 14, 2010 (public session) Councilmember Olem moved that Resolution 10 -G -91, Civil Action for Injunction Against Paul Zeigler & his Real Estate at 601 Nash Street to Abate Building Code Violations be passed by indefinitely, since this matter is now under enforcement as an alleged unsafe structure by the Building Official with appeal rights to the Building Board of Appeals and since any definitive Town action as to the alleged unsafe structure would return to the Town Council for public hearing and possible adoption of an unsafe structure ordinance in the future. This motion was seconded by Vice Mayor Merkel. Councilmember Olem stated that she appreciates the work Mr. Kaufman has done and she believes this is the right path to take. Mr. Zeigler requested clarification on the motion. Mayor DeBenedittis stated that if approved, the motion would take the action out of the Council's hands and put it in the Building Official's hands. Mr. Zeigler stated that he would be grateful if the Council would approve that motion, since he and Mr. Orrison have a good working relationship. He apologized for his actions and stated that it was inexcusable that he did not get these matters taken care of. He stated that the floor is not caving in at his house, but there is rotted plywood around the toilet. The question was called on the motion, which carried by a vote of 6 -0. The vote was: Councilmembers: Hutchinson yes Merkel yes Olem yes Singh yes Tirrell absent Wolf yes Mayor DeBenedittis yes Resolution 10 -G -150, Town Council Guidance on FY 2012 _General Fund Budget Arthur A. Anselene, Town Manager, briefly presented the staff report dated December 7, which is on file in the Town Clerk's office. He stated that this item would be to request the Town Council's guidance in developing the 2012 budget and to formalize that guidance as follows: 157 December 14, 2010 (public session) • Prepare a budget that sets a real estate tax rate that is a) the current rate of $0.2675 per $100 of assessed value, b) is a neutral tax rate or c) is an equalized tax rate. • Prepare a budget based on a combination of taxes, fines and service charges are necessary and appropriate to balance the budget to maximize the non -real estate revenue sources and lessen the dependence on real estate taxes. • Seek to identify and implement cost saving measures and efficiencies in all Town operations. • Restore Council identified services that were reduced or eliminated for FY 2010 and FY 2011, if projected revenues permit. • Maintain regular status positions at the adopted FY 2011 level. • Provide options for employee compensation such as a Cost -of- Living Adjustment, pay- for - performance, or a one -time bonus for regular status employees. • Establish a separate Capital Projects Fund budget. • Develop a policy and plan for Parks and Recreation to offset 75 percent of its operating, personnel, operations and maintenance and minor capital expenses. • Recommend a policy outlining the criteria for eligibility and reporting requirements for non - profit organizations seeking funding from the Town. Councilmember Hutchinson questioned if the tax rate would be based on this year's rate and services, including those that were eliminated under an equalized tax rate? Mr. Anselene stated that under an equalized tax rate, the current numbers would be used to see what the projected revenues would be for the next year. Mary K. Tuohy, Director of Finance, stated that an equalized tax rate only focuses on real estate tax levies. Councilmember Hutchinson questioned what a neutral tax rate is? Mr. Anselene stated that a neutral tax rate would mean that at least 50 percent of taxpayers would see little or no change in their real estate tax bill. There could still be a minor adjustment in tax rates to reflect changes in assessed values. Councilmember Singh stated that this guidance provides for plenty of flexibility for the Town Manager and Director of Finance to put together a budget with different options. 158 December 14, 2010 (public session) Councilmember Hutchinson stated that staff is requesting Council to choose a, b or c. Councilmember Olem recommended starting with c. She stated there are several programs going on in Town that generate funds, and she questioned if those funds are put into the General Fund or a separate account? Mr. Anselene stated that the Herndon Festival budgets for a certain amount of expenditures and proj ects for a certain amount of revenues e ach year. Any revenues collected during the year go into that year's revenue collections that fall within the 65 percent policy allocation that the Department of Parks and Recreation has to recover. He stated that the Cultivating Community Initiative also is budgetary item. Councilmember Singh stated that he would like all choices to be considered when preparing the budget. Vice Mayor Merkel questioned if there is a typical starting point that is used when developing the budget? Mr. Anselene stated that this is the first time that this type of guidance has been sought from the Town Council as part of developing the budget. Councilmember Wolf stated that beginning with an equalized tax rate would be an excellent place to start. She supports the other initiatives and believes they would make for an easier budget cycle. Councilmember Hutchinson stated that the last few budget cycles have been extremely difficult and she agreed that an equalized tax rate would be a good place to start. She would like to see what cuts it would take to maintain the current tax rate. Councilmember Singh questioned if the entire budget is considered when the estimates are prepared or if simplified spreadsheets are used? Ms. Tuohy stated that she does not have any preconceived idea of what the Town needs to balance the budget and she considers each different revenue source for the General Fund. The real estate assessments come from Fairfax County and there is nothing the Town can do to change those numbers. She also considers trend information and reviews excise taxes monthly. After she has her numbers, she meets with the Town Manager and the Director of Human Resources, who already have the budget information from each department. That is when the parties discuss how the two pieces would be able to meet, if cuts are necessary or if there are other revenue sources available to the Town. 159 December 14, 2010 (public session) Councilmember Olem stated that she does not recall any citizens coming in and requesting their services be cut so their taxes could be lower. Therefore, she would like to begin with an equalized tax rate and look at additional revenue sources. If any departments can identify areas that could save costs, that would be appreciated. She would like to keep National Night Out, the fall clean -up and the teen program at the Community Center in the budget. She stated that if the Town were not able to provide raises to the employees, a one -time bonus would be her next choice. Councilmember Singh stated that he is looking for a starting point. The hard part would be trying to find savings or cuts if the two points do not meet. Responding to Vice Mayor Merkel's query, Mayor DeBenedittis stated that the consensus would be to start with an equalized tax rate. He also would like to see what it would take to maintain the current tax rate and to see any cost saving measures identified and implemented. He stated that he is willing to discuss adding programs back in, but it would be a good idea to hear from staff. He stated that he does not have a problem continuing discussions to develop a policy for Parks and Recreation to offset 75 percent, but he does not want the Community Center to compete with private business. To the contrary, he would like to see them partner with private business. He stated that the Vienna Festival is a fundraiser and prices are twice the price of Herndon's. Councilmember Singh stated that last year a lot of time was spent on the budget and it would be appreciated if the Town Manager could shorten that time span and spare the pain. Following discussions, Vice Mayor Merkel moved approval of Resolution 10 -G- 150, Town Council Guidance on FY 2012 General Fund Budget, with the following revisions: • Under `Now, Therefore, Be It Resolved:' ■ REVISE the 1 St bullet to read: `Prepare a budget that sets a real estate tax rate that ne-44ml tax F-Me or- @) is an equalized tax rate.' ■ DELETE the 5 th bullet: ` > v ant t L..,,.t , This motion was seconded by Councilmember Hutchinson and carried by a vote of 6 -0. The vote was: Councilmembers Hutchinson yes Merkel yes Olem yes elt December 14, 2010 (public session) Singh yes Tirrell absent Wolf yes Mayor DeBenedittis yes 10 -G -150 Resolution, Town Council Guidance on the FY 2012 General Fund Budget WHEREAS, the Town Council is committed to providing the core services expected of a municipal government, providing quality services and facilities for residents and businesses of the town, and continuously improving town government effectiveness and efficiency; and WHEREAS, the Town Council is committed to retaining the town's fiscal integrity and preserving the town's AAA bond credit rating; and WHEREAS, the Town Council recognizes that although the economy is sluggishly recovering from the recent recession, the future of the economy is uncertain; and WHEREAS, the equalization value of existing residential and commercial properties and has declined since FY 2009 resulting in decreased revenue from real estate taxes and other major excise tax revenues also declined since FY 2009; and WHEREAS, while real estate assessments are projected to remain flat for FY 2012 and a slight increase is projected for other excise tax revenues; there are several expenditures that are projected to increase; and WHEREAS, staff has reduced personnel and operational expenditures during the past two fiscal years without significantly affecting quality of services, Council recognizes the FY 2012 budget priorities for funding must be set. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Herndon, Virginia, that in preparing the FY 2012 budget the Town Manager is directed to use the following guidance: • Prepare a budget that sets a real estate tax rate that is an equalized tax rate. • Prepare a budget based on a combination of taxes, fines and service charges are necessary and appropriate to balance the budget to maximize the non -real estate revenue sources and lessen the dependence on real estate taxes. 161 December 14, 2010 (public session) • Seek to identify and implement cost saving measures and efficiencies in all town operations. • Restore Council identified services that were reduced or eliminated for FY 2010 and FY 2011, if projected revenues permit. • Provide options for employee compensation such as a Cost -of- Living Adjustment, pay- for - performance, or a one -time bonus for regular status employees. • Establish a separate Capital Projects Fund budget. • Develop a policy and plan for Parks and Recreation to offset 75 percent of its operating, personnel, operations and maintenance and minor capital expenses. • Recommend a policy outlining the criteria for eligibility and reporting requirements for non - profit organizations seeking funding from the town. 11. CONSENT AGENDA Resolution 10 -G -151, Retention of Bond Counsel for General Obligation Bond through the Virginia Resources Authority, Runnymede Park Storm Drainage Outfall Resolution 10 -G -152, Award of Contract, Town's Legal Advertising Services Resolution 10 -G -153, Reappointment of Town of Herndon Alternate Member to the Dulles Area Transportation Association • Arthur A. Anselene, Town Manager, as the Town of Herndon Alternate member to DATA for a one -year term ending December 31, 2011. Resolution 10 -G -154, Reappointment of Member to the Board of Zoning Appeals • Mike Bradley to the BZA for a five -year term ending December 31, 2015. Resolution 10 -G -155, Reappointment of Members to the Town School Board and • Midge Reece for a one -year term ending December 31, 2011; and 162 December 14, 2010 (public session) • Margaret Cyrus for a two -year term ending December 31, 2012. Resolution 10 -G -156, Reappointment of Member to the Building Board of Appeals • Keith Sinclair to the Building Board of Appeals as the RDP Engineer member for a five -year term ending December 31, 2015. Councilmember Hutchinson moved approval of the referenced item listed on the "Consent Agenda," without comment. This motion was seconded by Vice Mayor Merkel and carried by a vote of 6 -0. The vote was: Councilmembers: Hutchinson yes Merkel yes Olem yes Singh yes Tirrell absent Wolf yes Mayor DeBenedittis yes 10 -G -151 Resolution, Approving the Retention of Bond Counsel for Financing a $200,000 General Obligation Bond through the Virginia Resources Authority for Construction of the Runnymede Park Storm Drainage Outfall BE IT RESOLVED by the Council for the Town of Herndon that: 1. The Town Council approves a proposed retention contract dated October 27, 2010 between the Town and McGuireWoods LLP for the latter to serve as bond counsel for the Town on the proposed FY 2011 general obligation $200,000 bond. The proposed fee for such services shall not exceed $10,000, plus reasonable and customary costs. This contract is on file in the office of the Town Attorney and is incorporated by reference. 2. The Mayor or Town Manager is authorized to sign and deliver this contract and any other instrument necessary or convenient to evidence or carry out this contract. 3. This resolution shall be effective on and after the date of its adoption. (NOTE: A copy of the proposed retention contract dated October 27, 2010 between the Town and McGuireWoods LLP is attached and numbered as pages 162-A through 162 -B.) 162 -A McGuire Woods LLP One James Center 901 East Cary Street Richmond, VA 23219 -4030 Phone: 804.775.1000 Fax 804.775.1061 www.mcguirewoods.com 8otmie M. France Direct: 804.775.4395 McGUIREWOODS October 27, 2010 VIA EMAIL/FIRST CLASS MAIL Richard B. Kaufman, Esquire Town Attorney Town of Herndon 730 Elden Street P. O. Box 427 Herndon, Virginia 20170 -0427 richard.kaufman@herndon-va.gov Bond Counsel Services to the Town of Herndon Dear Richard: Vranceamcguirewoods.com Direct Fax: 804.698.2054 We are pleased to submit this proposal to serve as bond counsel to the Town of Herndon in connection with the proposed general obligation financing in the approximate amount of $200,000 through the Virginia Resources Authority ( "VRA "). The following outlines the services we propose to provide and our fees. Scope of Services As Bond Counsel to the Town, our services would include: (a) Preparing the appropriate resolution and public hearing notice pursuant to which the Town Council will authorize the issuance and sale of its bond or note; (b) Reviewing on behalf of the Town the loan or financing agreement prepared by VRA; (c) Drafting, circulating for comment among the various parties to the financing or reviewing, as appropriate, and preparing execution copies of appropriate bond closing certificates; (d) Rendering advice as to matters which affect the issuance of the bond; (e) Attendance at the closing to supervise the execution and delivery of the bond and related financing documents; and (f) Delivering our approving legal opinion at closing to the effect that the bond has been duly authorized and validly issued, is enforceable in accordance with its terms and is in compliance with applicable law, subject to the usual exceptions. 2. Charoes for Services Rendered Based on the preliminary information we have concerning the proposed financing, we expect our fee to be approximately $7,500 and we agree 124333387.1 Attachment 10 -G -151 162 -B Richard B. Kaufman, Esquire October 27, 2010 Page 2 that our fee for serving as bond counsel to the Town will not exceed $10,000. In addition, we will bill you separately for our actual out -of- pocket expenses such as long'distance telephone charges, special postage and courier services, bulk photocopying and travel, the total amount of which is not expected to exceed $100. McGuireWoods also serves as bond counsel to VRA; however, VRA is represented separately by another law firm which serves as general counsel to VRA. We believe the depth of our experience with VRA financings will allow us to perform the work requested most efficiently. Firm Contacts. Bonnie M. France McGuireWoods LLP One James Center Richmond, Virginia 23219 Tel: (804) 775 -4395 Fax: (804) 698 -2054 Email: bfrance(M-mcguirewoods.com Warren E. Greth, Jr. McGuireWoods LLP One James Center Richmond, Virginia 23219 Tel: (804) 775 -4701 Fax: (804) 698 -2178 Email: ww rethQ_mcguirewoods.com The transaction will be handled by Bonnie M. France, a partner in the firm with over 30 years of experience in public finance. She will be assisted by Warren Greth, an associate with 4 years of experience in public finance. You should feel free to call on either of the attorneys assigned to this transaction if you have any questions. Other attorneys in the Public Finance Section and the firm as a whole will be available to advise the Town if their expertise is needed. The Town of Herndon has been a long- standing and value client of McGuireWoods. We hope to have the opportunity to continue working with you on this transaction. If you have any questions or need further information, please feel free to call me. Accepted: TOWN OF HERNDON, VIRGINIA By: Approved as to Form: Richard B. Kaufman, Town Attorney Sincerely, Bonnie M. France Attachment 10 -G -151 163 December 14, 2010 (public session) 10 -G -152 Resolution, Award of Contract, Town of Herndon Legal Advertising, IFB #11 -06 WHEREAS, legal advertisements are mandated by Section 8.01 -324 of the Code of Virginia and WHEREAS, the Town issued an Invitation for Bid, IFB # 11 -06, on November 17, to obtain the services of a qualified publication specializing in publishing legal notices in general circulation newspapers in the Town of Herndon; and WHEREAS, one bid was received by December 2, at 11:00 am: Newspaper Cost Per Word Post Newsweek Media, Inc. 25 cents ($0.25) ` Fairfax County Times WHEREAS, the Fairfax County Times newspaper included a copy of its most recent affidavit filed in the Circuit Court; and WHEREAS, this contract includes a one (1) year term upon date of award, with an option for four (4) one year renewals; and WHEREAS, the Fairfax County Times newspaper has been determined to be the lowest most responsive and responsible offeror. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby awards IFB #11-06 to the Fairfax County Times newspaper for the Town's legal advertising services at 25 cents ($0.25) per word, which includes the display of the Herndon Town seal on each legal advertisement. 10 -G -153 Resolution, Reappointment of the Town of Herndon Alternate Member to the Dulles Area Transportation Association BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby reappoints Arthur A. Anselene, Town Manager as the Town of Herndon Alternate member to the Dulles Area Transportation Association for a one -year term ending December 31, 2011. U19 December 14, 2010 (public session) 10 -G -154 Resolution, Reappointment of Member to the Board of Zoning Appeals BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby reappoints Mike Bradley to the Board of Zoning Appeals for a five -year term ending December 31, 2015. 10 -G -155 Resolution, Reappointment of Members to the Town School Board. BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby reappoints the following individuals to the Town School Board: • Midge Reece for a one -year term ending December 31, 2011; and • Margaret W. Cyrus for a two -year term ending December 31, 2012. 10 -G -156 Resolution, Reappointment of Member to the Building Board of Appeals BE IT RESOLVED BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby reappoints Keith Sinclair to the Building Board of Appeals as the RDP Engineer member for a five -year term ending December 31, 2015. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:12 p.m. jk I h k,,A'&U Stephen J. Df enedittis Mayor . fdi Michelle J. FtKres Administrative Assistant Minutes approved by Town Council. February 8, 2011