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HomeMy Public PortalAbout1999_04_27 TOWN COUNCIL MEETING MINUTES OF APRIL 27, 1999 A regular meeting of the Leesburg Town Council was held on Tuesday, April 27, 1999, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called by Mayor James E. Clem. COUNCILMEMBERS PRESENT Frank Buttery Mervin Jackson Leonard McDonald Kristen Umstattd B. J. Webb Bob Zoldos Mayor Clem STAFF MEMBERS PRESENT Acting Town Manager Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Personnel Manager Nancy Fixx Planner Kristie LaLire Public Information Officer Susan Farmer J. Hamilton Lambert Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION: Councilmember McDonald 2. SALUTE TO THE FLAG: Councilmember Jackson 3. ROLL CALL: All members of Council were present. 4. APPROVAL OF MINUTES: MOTION: On motion of Webb, seconded by Jackson, the special meeting minutes of March 23, 1999, April 6, 1999 and the regular meeting minutes of April 13, 1999 were approved as written. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None Abstain: Councilmember Buttery from 4.(a) and (c). McDonald from 4. (b). Mayor Clem stated, "I would like to have an amendment made to our agenda tonight and add after our public hearing an executive session." MOTION: On motion of Jackson, seconded by McDonald, Council will convene in executive session following the scheduled public hearing. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 5. PETITIONERS: Mayor Clem stated, "item number 5 is the petitioner's section and the only person I know that has signed up is Mr. Steve Colangelo. Mr. Colangelo would you like to come forward please?" Mr. Stephen Colangelo with McGuire, Woods, Battle & Boothe, addressed the Council stating, "Good evening Mr. Mayor, members of Council I want to start out by introducing Jack Farmer who is with Robinson, Farmer and Cox Associates and is the accountant who worked with us on the audit of the investigation that we did relating to the American Express credit card account. We are here and I'm going to deliver to you tonight a copy of the report that Mr. Farmer prepared along with a cover letter that I have making some recommendations in connection with what we found. I'll just say by way of just brief summary that the investigation that we did we could not find any indication that any of the town's funds had not been spent properly. Where it had been used to pay anyone's personal expenses. We looked at the policies relating to the use of credit cards. There is one policy from April of 1997 and there is a portion of the town's Personnel Manual that deals with expense reimbursements. Really the credit card use is a sub-set of the expense reimbursement. And we looked at those provisions to see if we thought they had any problems or were in need of any adjustments and I think that in essence the substance of those provisions are adequate but there is some ambiguity or potential ambiguity as to whom those policies apply. And as a result they were not followed uniformly and I think we can say generally the documentation that was called for in those policies was not followed and as a result -2- of that it made it difficult if not impossible for us to verify how some of the money was spent and whether all of the town's policies were followed. Generally a much more informal process of reporting expenses was used and using that in cross checking we are able to say that we couldn't see any indications, as I said in the beginning, that any of the town funds had been used for any personal expenses. But it was difficult if not impossible to then look at the business expenses that had been charged to the card and determine what they were for. I think there are a number of improvements that could be made in the policies with very minor tweaking that would eliminate the problems. I think the credit card policy, for example, ought to be applicable to everybody without any questions. The policy as it is written now says that the cards are to be limited to business meals and travel related expenses. You may or may not want to keep that limitation. The card was used for other kinds of legitimate business expenses but that is a violation of the policy because the policy says meals and travel related expenses. So you should look at that, decide whether you want it to be broader or not and then once you decide, you need to strictly enforce the policy that is there. I think that one of the problems was that the Finance Department was kind of put on the spot at times with having to deal with his superiors and the directions to the Finance Department need to be very precise. I think that once you get the policies clarified then the Finance Department will be in a position to be able to say, we can't write that check because it doesn't comply with the policies. That is a difficult thing to do sometimes because they may be addressing that to the Mayor or member of Council or the Town Manager who are their bosses. But if the direction is clear they will be able to do that. The expense reimbursement policy as it is written in the town's Personnel Manual does not apply to the Town Council or members of boards. From what I can tell there is no policy on expense reimbursement - written policy that applies to Councilmembers or members of boards. You should have one and you can write one that is specifically for Councilmembers and boards or you can make the one that is there for everyone else applicable. It may need some adjustment but we could see no clear direction that you have to when you are entitled to incur expenses on behalf of the town. Whether you need prior approval for example, if you are to attend a conference in New York on municipal government and if you need prior approval who should give you that prior approval. Those are the kinds of things which you should address in a policy that would apply to members of council and boards and I have made a number of recommendations like that in the letter that I am going to deliver to you now with the report. Let me also say that because of the way that we conducted our investigation, the information in the report and in my letter is privileged. We conducted it that way because when we went into it we didn't know whether we would be filing a civil law suit trying to collect money from people or not. I am assuming, based on our findings, that you probably are not going to be finding yourself in a civil law suit. It is certainly up to you to determine whether you want to waive any privileges that are applicable to the report and release them. It is done in such a manner that it is protected by the attorney-client privilege as it now stands. We'd be happy to answer any questions. And I also have to apologize for Mr. Jackson, I don't think I have one with an envelope." Mayor Clem stated, "are there any questions of Mr. Colangelo?" Councilmember Jackson statei:l, "I'd like to ask a question since I'm new and I don't know anything about the investigation but have you got any report just how much it cost the citizens of the Town of Leesburg?" Mr. Colangelo stated, "how much the investigation cost?" Mr. Jackson stated, "yes, the public knowledge of how much the investigation cost the citizens of the Town of Leesburg." Mr. Colangelo stated, "I actually do not have those numbers. It would be easy to put them together and we could provide that to you but we haven't tallied it all up yet." Mr. Jackson stated, "I would like the citizens to know. Everybody is asking how much it cost and what the investigation cost. So I would surely like to know how much the investigation cost the citizens of the Town of Leesburg." Councilmember Buttery stated, "Steve you have indicated that there were some expenditures that were hard to nail down as to whether or not they were specific business or if they were for business related or whether or not they - I don't mean to paraphrase, ! can't quote you exactly, but whether or not business expenditures were valid. Could you elaborate a little bit on that?" Mr. Colangelo stated, "yes. The policy says that you should submit a receipt which indicates for example if you are on a business meal - who you are having the meal with, what company they are and an indication of what it is for. None of those kinds of records were provided. So all we would be presented with would be an indication that there would be a charge, lets say for a restaurant and that would be identified as a business meal. We have no way of verifying whether that in fact was a business meal or not and there are also some guidelines that are in your policies with respect to how much you should or shouldn't charge for meals and we have no way because we don't know who was at the meal - of knowing whether those kinds of guidelines were -3- followed. What we had was an informal report that would designate that expense as a business meal and at times, I believe and Jack you know this better than me, but I think there were times expenses would be coded to certain accounting categories so they would be designated as to which account for the town's business they should go to. But it still would not tell us exactly who was there and what it was for." Vice Mayor Webb stated, "Steve if you have an opportunity - included in this evening's packet is a recommendation from the Personnel Committee for amending sections 12.1-17, 12.1-94 and 12.1-98 of the Town Code and Personnel Manual that relates specifically to the financial expenditure situations that we believe probably needed to be tightened up and I would be curious to hear any suggestions or recommendations you have after reviewing that section. If you had any recommendations, I would suggest to the Council that we might want to refer this back to Committee and take a look at it at the next Council meeting so we'd have an opportunity for you all to review them." Mr. Colangelo stated, "what sections again were you talking about?" .Ms. Webb stated, "included in our Town Council packet tonight are the amended sections which is 12.1-17, 12.1-94 and 12.1-98 of the Town Code and Personnel Manual." Mr. Colangelo stated, "I know that 94 is the section on employee expenses which I do think I actually made some comments on tonight. One of the things I noticed, there is an odd and I think its just an oversight in the way that it was done but in Section 12.1-3 of the manual it divides persons and service of the town into four different categories, one of which is called employees and this if you follow that and consider that as a defined term then people like the town manager who in some certain situations would be considered an employee arguably is not an employee and clearly members of Council and boards are not and then when a policy is made applicable to employees that's where the ambiguity was created. Also in the way the policy is worded, if the town manager is the one that is responsible for making approvals and if the section applies to him. It certainly can happen that way but there ought to be an acknowledgment in the way that it is written that indicates he is the one making the approval and perhaps some guidelines that can be put in that would help the Finance Department on their dealing with his expenses knowing that there is no one sitting over top of him to review them. Those are the kinds of things that ! think you need to address." Ms. Webb stated, "I believe we have accomplished that but I would like to have your eyes and Ms. Welsh and Sally to have an opportunity to review it before we pass it without some other scrutiny from perhaps more objective sources." Mr. Colangelo stated, "its also something that we dealt with in the course of these specific events and you see when you take a policy that is written in the abstract and apply it in certain situations where the bumps are." Mayor Clem stated, "I've made a note here that we should in fact send this back to Committee to make sure everything is coordinated. Then we can bring it back." Councilmember McDonald stated, "your Honor, if I may. ! have one question. Its along the lines of his - you talked about business expenses. Did you find any evidence of anything that was of a personal nature that was not repaid?" Mr. Colangelo stated, "no." Mr. McDonald stated, "okay." Mr. Colangelo stated, "and actually you use the word repaid and we've had a lot of discussion about that word. In fact, all items that were designated as personal and which appeared to be personal were paid in the first incidence by the individuals. There was never a situation that we found where the town advanced the money or paid and got reimbursed. And the way our understanding of the procedures and the way the Finance Department worked that is the Finance Department would require a check from the individual for the personal expenses. So people use that term repaid loosely." Mr. McDonald stated, "! understand. The only other thing is along with what BJ said, I've read the changes and ! think they are pretty thorough. One of them is, it makes it very clear that no one elected or appointed is exempt. I certainly appreciate the section that says no alcoholic beverages will be purchased with taxpayers dollars." Councilmember Umstattd stated, "Mr. Mayor, I have a question for Mr. Farmer. Mr. Farmer the Commonwealth's Attorney was very concerned that a number of phone calls that had been designated as town business were not necessarily so. Were you able to call all the numbers so listed and verify who was at the other end?" Mr. Farmer stated, "we did not really deal with any phone charges as such. We were only focused on the other credit card charges. If there were a phone charge to that ! am not aware of it right off but it was analyzed." Mayor Clem stated, "any one else? If not, we thank you very much sir and we will send our item back to committee where we will work on it and then correlate - coordinate that with you." Mr. Colangelo stated, "it was always a pleasure to be of service to the town and I know it was a difficult time for the town but ! appreciated being able to be a part." -4- Ms. Kelly Gower addressed the Council in support of Child Abuse Prevention Month. 6. PROCLAMATIONS: a. MOTION: On motion of Umstattd, seconded by McDonald, the following proclamation was proposed and adopted. PROCLAIMING NATIONAL DAY OF PRAYER, MAY 6, 1999 VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None b. MOTION: On motion of Zoldos, seconded by Webb, the following proclamation was proposed and adopted. PROCLAIMING SALVATION ARMY WEEK, MAY 10-15, 1999 VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None c. MOTION: On motion of Buttery, seconded by McDonald, the following proclamation was proposed and adopted. PROCLAIMING PRESERVATION WEEK, MAY 10-14, 1999 VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 7. PUBLIC HEARING: To consider an amendment to the Town Code regarding operating hours of town parks. Mr. Dentler provided the staff report. No public comment was received. This matter was referred to the Administration and Public Works Committee agenda of May 4, 1999 for further consideration. Councilmember Zoldos stated the Parks and Recreation Commission fully supports the proposed Town Code amendment. Mayor Clem stated, "okay at this time I'd like to recess and go into executive session. I don't have an idea of how long that Will take but we'll take a recess to do that." The Council convened in executive session in the Councilmember's meeting room at 8:15 p.m., where the following motion was made. MOTION: On motion of, and duly seconded, the following motion was made: pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344 (a), Subsection (1) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to discuss personnel issues. J. Lambert, Nancy Fixx, Paul York, Deborah Welsh and Sally Hostetler are to remain for the executive session. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None MOTION: On motion of, duly seconded, the following resolution was proposed and adopted. 99-120- RESOLUTION - CERTIFYING EXECUTIVE SESSION OF APRIL 27, 1999 -5- WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive Session in accordance with an affu'mative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Umstattd, Webb, Zoldos, Clem Nay: None 8. COUNCILMEMBER COMMENTS Councilmember McDonald attended the joint meeting of the Tree Commission, EAC and Parks and Recreation Commission on April 26, 1999. Mr. McDonald asked that a copy of the town's refuse contract be forwarded to EAC Chairman Tolbert. Councilmember Buttery_ stated two trees were planted at the Union Cemetery and will be counted in the town's 2000 by 2000 project. Mr. Buttery thanked the Parks and Recreation staff for a successful flower and garden event. The Loudoun Border Guard event will take place on May 1, with a Fife and Drum parade beginning at noon. Councilmember Jackson referenced an email he received from Vice Mayor Webb regarding vehicles on the bike trail, and then questioned what happened to the barricades that used to be on the trail. Councilmember Zoldos commended the Parks and Recreation department and town staff who volunteered for the successful flower and garden event. Vice Mayor Webb thanked police officers T. J. Moore and Wes Thompson and Peter Burnette and the other volunteers both from the police department and the business community who came out and worked on the Christmas in April house on Loudoun Street. Ms. Webb recommended that the Council ask the Department of Economic Development to look into moving forward with an RFP on the property on Loudoun Street on both sides of the entrance to the parking garage. Ms. Webb requested a bi-monthly update on CIP projects funded by the January bond issue. Ms. Webb met with the officials of Loudoun Hospital and the developers who are considering posting bids on the RFP on Cornwall Street. In addition, Ms. Webb met with the neighbors of Memorial Drive and Cornwall Street to discuss the RFP as well as the issue of street landscaping. Ms. Webb and Mr. Jackson attended the Kincaid HOA meeting. Mowing has been completed on the Battlefield Parkway. Ms. Webb proposed a proactive town meeting on how we assure that the Town of Leesburg would not be another Littleton, Colorado. 9. MAYOR'S REPORT Mayor Clem stated the skate park has received $30,600 to date and thanked all the young adults who were involved in the creation of the skate park. He reported on a good turnout for the March of Dimes Walk-a-Thon. The little league baseball season began on Saturday. Mr. Clem met with Dr. Cook regarding the RFP for the re-use of the hospital. Mr. Clem reported on the successfulness of the Arbor Day and Flower and Garden Festival events. Mr. Clem thanked the LVFC for turning off the siren. He stated a meeting will be held with the LVFC, and the Public Safety Committee. Mr. Clem stated, with regard to the re-development of Loudoun House, that all but 10 families have been relocated and that Loudoun County is working with these families. The developer plans to spend $25,000 on each unit. 10. MANAGER'S REPORT Mr. York referenced the written Activity Report and welcomed Michele Aguilla the town's Director of Information Technology. Mr. York congratulated the Parks and Recreation department on the successful flower and garden festival. -6- Mayor Clem thanked Councilmember Zoldos for serving on the IT Committee. 11. LEGISLATION: (a) MOTION: On motion of McDonald, seconded by Zoldos, the following ordinance was proposed and adopted. 99-0-11 - ORDINANCE - AMENDING SECTION 10-176(a) OF THE TOWN CODE REGARDING OCCUPANCY OF METER PARKING SPACES VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Webb, Zoldos, Clem Nay: None Absent: Councilmember Umstattd 11. (b) was referred to the May 4, 1999 Administration and Public Works Committee. CONSENT LEGISLATION: (c), (d), (e), (f) MOTION: On motion of Jackson, seconded by Buttery, the following resolution were proposed as consent items and adopted. (c) 99-121 - RESOLUTION - ROUTE 7 LIMITED ACCESS IMPLEMENTATION PROPOSAL (d) 99-122 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN ORDINANCE AMENDMENT REGARDING CONSTRUCTION HYDRANT METER LEASE POLICY (e) 99-123 - RESOLUTION - AUTHORIZING A REQUEST FOR PROPOSALS FOR A POLICE MANAGEMENT STUDY Mayor Clem stated, "I'd like take item (e) and see if Mr. Lambert would like to give us some information on the police management study." Mr. Lambert stated, "as you'll recall, we did meet with the subcommittee of the governing body to discuss this issue and Chairman Webb at that particular moment was involved in the discussion related to the RFP. There were two items that we changed as the response to Council's discussion. Go to page 2 little horseshoe (c), the department turnover rate including the turnover rate of various ranks and position classifications as compared with other jurisdictions. ! believe Councilman Buttery made that comment to be included. And the reason for employee turnover to be determined by interview with former employees, current employees and management. That was "made at the suggestion of Council person Umstattd. They were added and we intend to proceed to go forward with that." Mr. Lambert, "Two other comments on a different subject on the technological study and the committee. In reviewing that, we approached it at committee we found that the town was limited in getting direction in a number of their areas and how their communities were structured and with the help of Ms. Markland and pulling out a lot of information that you all have, we will be sending to you a committee structure that we feel can then apply to other problems that the town may have. Sort of an overall committee structure. That will be coming to you all when the manager decides within the next week or so." Mr. Lambert, referenced the Thomas Balch Library and stated "I'd like to take a few moments to tell you the good news and the bad news. As you will recall we did transmit a memorandum to you dated April 20, 1999, and the purpose was to advise you on what transpired on a number of these meetings. The manager and I held a meeting with, what started out as a basketball team and ended up being a football team, of staff to analyze what is the status of all items related to the library project. What is required to get the project moving and expedited and what are our projected time schedules. We were not happy with a number of things. One is, the project primarily has been in limbo since September of 1998. What that means is you had about eight months of deterioration to the project not only physical deterioration but also economical deterioration, if yoWll allow me to use that term. The engineering cost index has gone up. I -7- don't think anybody would question that. That's been a little bit of a concern to us. With the prodding of Councilmember Buttery, we also tried to put together a structure as to how we could move forward with expediting this project. In addition, I would be remiss if I did not say that both Tom Mason and Barry Thompson have been extraordinarily valuable so far in assisting us in putting together this structure. We believe still that you can move on the project and have a start up time of August 19, 1999. I just received today a memorandum from Mr. Thompson who corrects me as usual and says August 10, 1999. So he's a little bit more precise than I am and I have to defer to that number. We feel fairly comfortable we can move forward with the project. The architect feels comfortable. The only concern we have at this time is the project cost. The project cost right now is structured at around $2.4 million and I want to reserve right now the comment on that as to whether or not that's going to be sufficient. I know Councilman McDonald raised that issue. I did talk with the architect about that and about expediting it. There is a portion of that project which really should not be charged to the library project but was put together for ease of bidding and merging which is about a $300,000 storm drainage project which may or may not be totally necessary. Those are the things we have to look at. We' are going to use preferred bidder situation. We are going to make certain people that bid on this project know how to do libraries or have some experience in that type of building structure, historical in particular and that they would be responsible also for the storm drainage self contracting so that we can localize and focus in on just one contractor instead of having to deal with a whole cast of thousands. I must tell you that the town team has been superb. Certainly they were extraordinarily helpful to me. I feel now that I probably know more about the Balch library then I ever thought I would want to know and am comfortable that I don't want to know much more." Mr. Lambert stated, "on a personal note I feel it incumbent to bring up one particular point and I don't expect a response on this but in Leesburg Today at the last printing of the document there was at least appeared to me to be some indication that the management study that I'd recommended had something to do with retaliatory action related to the credit card situation. That's not true. As I've mentioned before I've been accused of a lot of things in 30 some years in local government but never of an integrity issue of that nature. That's just not a fact. And I challenge anyone to prove that it is. That troubled me and some of my friends and it should have troubled me and I just want to let you know where I stand on that. If the Council is uncomfortable with that, I am willing to address those issues. That's about all I have to say." Mayor Clem stated, "we thank you. I am glad you brought that up. I was going to point that out. But now that you have stated it very eloquently I can't improve on it." Vice Mayor Webb stated, "your honor if I could add one other point that some how seemed to not get the attention that I thought it might. The management study has been requested by the Chief in 1997 and 1998 during our budget process. Mr. Brown for financial reasons did not include that management study in the budget that came forward to the Council and it was the Chief when we were discussing at the first budget workshop the issue of salaries at the entry level that he once again refninded us that he had asked on two previous occasions for a management study. So it was my understanding that we were moving forward with a management study at the request of the police department and I too was disappointed with the coverage and I believe of the misinformation that was provided to the public." Mayor Clem stated, "well it actually had 3 problems. One we were very concerned as a Council of the fact that we had lost 23 employees. I think that generated the question and I concur with everything you've just said. That its a separate issue entirely and in there you will also read in the article that $50,000 was set aside to do this study when in fact $50,000 has been set aside to handle this study and any pay adjustments that may be needed and I'm hoping that we can do that for less. But I think its a number that had to be put out there and we have something to work with. So I thank Mr. Lambert for bringing that to our attention and I thank you for your remarks." Mayor Clem then called for the vote on the consent agenda. Vice Mayor Webb referenced agenda item (c) and stated, "the County for whatever reason has decided to move forward with a public hearing on a map that they drew without ever physically looking at the property constraints - within the next 60 days. Additionally, that map is located in the libraries both here in Leesburg as well as in Purcellville for people to look at. So we have a number of citizens with the impression that this parallel road access plan - you know unfortunately once people see a piece of paper with lines drawn on it they tend to think that oh -8- my gosh that's my house underneath that road and I just would like to reassure people that we're no where near that far and Mr. Grow was kind enough to go out with me last week and look at one of the parallel access roads and realized that physically it couldn't fit there if they created a miracle. So I hope the County will pay attention to this and will also be a little more careful in the material that they put forward." VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Webb, Zoldos, Clem Nay: None Absent: Councilmember Umstattd REGULAR LEGISLATION (g) MOTION: On motion of Webb, seconded by McDonald, the following resolution was proposed and adopted. 99-125 - RESOLUTION AUTHORIZING THE PREPARATION OF A RIGHT-OF-WAY ACCESS AGREEMENT WITH HYPERION COMMUNICATION Mr. Jim Means representing Hyperion Communication addressed the Council providing information about Hyperion and answer any questions. Vice Mayor Webb asked, what does this do for the town? Mr. Means stated, it provides competitiveness access for telephone service. Improves the technology as far as the telephone service to your businesses including the town itself. Hyperion offers a higher band width then the typical, local exchange carrier which provides a better capability for data processing. Hyperion will offer a T-1 line for data capabilities which will greatly improve the communication with what it is linked up to. It is a quality network with quality customer service. The biggest benefit is an improved telephone service. Mayor Clem asked, will this product be above ground or under ground? Mr. Means stated, they will be above ground. Mayor Clem asked, is that negotiable? Mr. Means stated, ultimately its up to this Council. Unfortunately, the Telecommunications Act of 1996 provides that the incumbent, local exchange carrier is to have the same facilities as a competitive local exchange carrier. If you require everyone to go underground, we will surely go underground. Unfortunately, I believe the local exchange carrier now is above ground and we would prefer it that way. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Webb, Zoldos, Clem Nay: None Absent: Councilmember Umstattd (h) MOTION: On motion of Buttery, seconded by Webb, the following resolution was proposed and adopted as amended by Zoldos. 99-126 - RESOLUTION - DONATING A TOWN VEHICLE TO THE LEESBURG POLICE CITIZEN SUPPORT TEAM, INC. VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Webb, Zoldos, Clem Nay: None Absent: Councilmember Umstattd (i) MOTION: On motion of McDonald, seconded by Jackson, the following resolution was proposed and adopted. 99-127 - RESOLUTION - AUTHORIZING A NEW AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER HILLS SECTION 6A AND RELEASING A CORPORATE SURETY BOND FROM K. HOVNANIAN AT EXETER HILLS, INC. -9- VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Webb, Zoldos, Clem Nay: None Absent: Councilmember Umstattd (j) MOTION: On motion of Webb, seconded by Zoldos, the following resolution was proposed and adopted. 99-128 - RESOLUTION AUTHORIZING THE MAYOR AND ACTING TOWN MANAGER TO SIGN THE DOCUMENTS FOR THE SUBDIVISION OF THE GRENATA TRACT VOTE: Aye: Councilmembers Buttery, Jackson, McDonald, Webb, Zoldos, Clem Nay: None Absent: Councilmember Umstattd On motion of, and duly seconded, the meeting was adjourned at 10:55 p.m. Clerk of Council J~mes E. Clem, Mayor