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HomeMy Public PortalAbout2021_tcwsmin0208Council Work Session February 8, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Martinez, Kari Nacy, Neil Steinberg and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Airport Director Scott Coffman, Information Technology Deputy Director John Callahan and Clerk of Council Eileen Boeing. Minutes prepared by Executive Associate Corina Alvarez. AGENDA ITEMS 1. Electronic Participation for Vice Mayor Martinez Vice Mayor Martinez requested to participate in the Council Work Session electronically due to the health and safety concerns associated with the Coronavirus. Mayor Burk, Council Member Bagdasarian, Council Member Cummings, Council Member Fox, Council Member Nacy and Council Member Steinberg were physically present at the meeting. MOTION2021-030 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: To allow Vice Mayor Martinez and Council Member Steinberg to electronically participate in the February 8, 2021, Town Council Work Session. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez abstain) 2. Items for Discussion a. Proposed Town Code Amendments for Airport Commission and Review of Other Town Boards and Commissions Mr. Dentler informed Council that the staff report in the agenda packet contains the recommendation for potential changes and also a response from the Airport Commission and the Tree Commission. Mr. Dennis Boykin also provided some additional information on behalf of the Airport Commission. Council discussed the item. It was the consensus of the Council to move forward with this item. 1 Page Council Work Session February 8, 2021 b. Review of Town Council's Ethics Policy Mr. Spera gave Council some background information in regard to the Ethics Policy. Council and staff discussed the item. It was the consensus of the Council to move forward with this item. c. Discontinuance of Invocation at Public Meetings Council discussed the item. It was the consensus of the Council to keep the Invocation but allow Council Members who did not want to deliver the Invocation to be removed from the rotation and if Council wanted someone to deliver the Invocation on their behalf, it would be up to the Council Member to coordinate. 3. Additions to Future Council Meetings Council Member Bagdasarian requested a discussion on an overall plan for reviewing the newly drafted Town Plan. It was the consensus of the Council to add this item to a future work session. Mayor Burk requested that the Parks & Recreation Commission provide input on what it envisions for Westpark and then have Council send a letter to the Board of Supervisors regarding the Town's expectations for the park. It was the consensus of the Council to add this item to the February 23, 2021, Council meeting to approve a letter for the Board of Supervisors regarding Westpark. Mayor Burk asked to add a proclamation to the February 9, 2021, Council meeting to denounce hate crimes per request from the American Jewish Committee. It was the consensus of the Council to add this item to the January 25, 2021, work session. 4. Adjournment On a motion by Council Member Steinberg, seconded by Council Member Bagdasari an, the meeting was adjourned at 7::56 p.m. Clerk of Council 2021 tcwsmin0208 2IPage February 8, 2021 — Town Council Work Session (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate. For greater accuracy, we encourage you to review the video of the meeting that is on the Town's Web site — www.Ieesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: Welcome. Let me open tonight's Town Council Work Session of February 8th, 2021. I need a motion to allow Vice Mayor Martinez to electronically participate in the February 8th, 2021 Town Council Work Session. Council Member Zach Cummings: So moved. Mayor Burk: Moved by Council Member Cummings. Second? Council Member Ara Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. Council Member Bagdasarian: [inaudible]. Mayor Burk: I didn't even get close. It sounded like it was just right here. Sorry. Council Member Steinberg, seconded by Council Member Bagdasarian. Was that correct? Okay. Any discussion? All in favor, indicate by saying, "Aye." Council Members: Aye. Mayor Burk: Opposed? So that passes, 6-0-1. Our items for discussion tonight. The first one is the proposed Town Code Amendment for the Airport Commission and review of other Town Boards and Commissions. Mr. Dentler? Kaj Dentler: [inaudible] The staff report that's in your packet, it does also include not only the recommendation for potential changes, but a response from the Airport Commission, and then I do believe there's also a letter from the Tree Commission about changes. Other than that, there's no staff report. Mayor Burk: All right. We do have members of the Airport Commission here, so if we have any questions in regard to this, let us begin the discussion. Ms. Nacy, do you have any questions in regard to this proposal? Council Member Kari Nacy: I do not. I think given the timing-- Sorry, I put lip gloss on my mask and it's sticking to me. Not very smart. Given the timing of the Town Plan and the opportunity to maybe include a review of all of our boards and commissions along with that, I would just suggest that maybe we push this off and try to coincide it with you know, and over our chain review of all of our boards and commission, along with our Town Plan. That's my only thought. Thank you. Mayor Burk: All right. Mr. Bagdasarian? Council Member Bagdasarian: Okay. Yes, I also believe that we do need to review all boards and commissions, their charter, purpose, mission, and how it aligns with the Town Plan. Due to the timing, the Town Plan first draft was released on Friday. I think that this should be a comprehensive process. I certainly agree with the essence, but the timing of it, I think, has to be comprehensive and to achieve alignment across from Town Council, boards of commission, staff, as well as residents. Mayor Burk: All right. Ms. Nacy? No, you already spoke. Ms. Fox? Page 11 February 8, 2021 1 Council Member Suzanne Fox: Okay. I am still wondering, and I don't disagree. I know the Town Plan is coming up, and I think that might be a good way to tackle this. However, we do have the Airport Commission here now, and I don't know if they have anything to say. I would like to hear them, and get their input because at this point, we just have a letter of in point. Admittedly, I still don't understand the problem that has arisen. I suppose maybe if we looked at the Town Plan closer, that might be more clear. I just don't think we have a satisfactory answer yet, and I know this commission has done an exemplary job in the past years. They have countless successes. I see an issue with just singling out them for right now. I think doing this more comprehensively is a good thing. I did hear one thing, during the last commission meeting, that I thought was problematic, and I don't want this to be any standard-bearer for anything we do on any commission. There was mention made that there were too many men on this commission, and I think if that's the case, and if that's why we're actually visiting this right now, we need to just go ahead and move on because that is not a legitimate reason or a [unintelligible] not a serious problem that we need to address. There are other commissions that are a little bit lopsided as far as how many women and men are on those, so we'd have to really look at that if we're going to use this as our standard. Mayor Burk: Mr. Steinberg? Council Member Neil Steinberg: Yes, thank you, Mayor Burk. I'm just a little bit in disagreement with a couple of the comments. I think the Airport Commission, in many respects, stands alone in its function and its composition. We are facing a rather fluid and changing situation at the airport, with the addition of a second FBO. There have been requests by both FBOs and a number of the other businesses that rent space at the airport, that they be given a greater voice at the Airport Commission. I think that's a good idea, even in an ex officio capacity. I think a number of the proposals in the Mayor's original outline are good ones. I have questions on others, but I think that we do need to look at the Airport Commission. I think they would be in agreement with that. While I wouldn't be in favor, for example, nor do I see the necessity of an authority, I think the commission serves us well. Giving a couple of voices a greater say, or at least access to the conversation at the table during the commission meetings is a good idea. I'd be in favor perhaps of an ad hoc committee of some sort that could view this in greater detail. I don't think there's a great rush, but I'm not sure I necessarily see the connection. It's not a disconnect entirely, but I believe we can push the Airport Commission review ahead regardless of our future discussions involving the Town Plan. I think the airport and the commission would both be well -served if we were to do that. Thanks. Mayor Burk: Mr. Cummings? Council Member Cummings: Thank you. At this point, I agree that there-- A lot of what we're looking to do is incumbent upon what the Town Plan says for the airport. I believe that's the governing document, the guiding document, if you will, for our town. I would, as Mr. Steinberg alluded to, I would support an ad hoc committee of sorts to discuss the airport. Some of the concerns or areas of emphasis I'd like to see is the Economic Development folks working with the Airport Commission to ensure that everything in the airport's plan, as well as the Town Plan, works in conjunction with Economic Development. As I believe the airport is an incredible driver for our Town, and the economic development situation. would support putting together an ad hoc committee to go through these changes, but also look at the airport in general and how it interacts with the other parts of the Town. Especially, our Economic Development Commission, as well as Mr. Seymour and his department, to ensure that the next 5 to 10 - year plan that Mr. Coffman works out with the commission, and us here on Council, includes a real true focus on economic development and attempts to ensure that we're maximizing the airport for the majority of Leesburg residents, not just the few who use it to fly in and out of, or go there. Page 21 February 8, 2021 2 We want to make sure that the use of that airport goes towards all Leesburg residents, and not just a few. I would want the Airport Commission members to be a part of this ad hoc committee, as well as members of Council, and staff, and the citizens. I think it's an important step to helping guide our airport into the future. Mayor Burk: Mr. Martinez? Vice Mayor Fernando "Marty" Martinez: Good evening all, I'm glad to see you all here, talking. As far as this goes, I agree with Ara and Kari that we need to go through all our different boards and commissions. I also think that since the Airport Commission has come up, that this is a great opportunity for us to set a process in place that we can take a board and commission, say, every month or every two weeks, and have a sub -committee completely review what's going on with that commission, and figure out ways to improve it, leave it alone, and other things. I'm not averse to an ad hoc committee. I'm not averse to using the Airport Commission as a template on how we look at the other boards and commissions, and how we dig a little deeper in their mission statement. I know that the Airport Commission was one of my favorite commissions to be a liaison to because I am so active-- I was active with the FAA and all the other different things. I do believe that our Airport Commission has grown to the point where it wouldn't be a bad idea for us to go in depth on what we, our expectations should be, and how we can use this as probably a vision statement of what we want to see the airport grow to. That's all I got. Thank you. Mayor Burk: Thank you, Hans Solo, I appreciate that. I want to make it very clear that this intention of looking at the Airport Commission was not to diminish anyone's voice, but it was to include more voices. Our airport is, has been served very well by the Airport Commission. No one denies that, nobody is disputing that, but we are at a point where we have new businesses there, we have opportunities that we should be taking advantage of, and we have two FBOs that have asked to be part of the process, and to be allowed to have a voice in the process. This endeavor was to clarify and to move things forward, and it has been a shame that both sides have not communicated well. We need to move forward with this. I don't know how the Council is going to -- what the motion is going to be in regard to this, but we do need to remember that this is an economic driver. There has been many a time that I have gone before Congress people and the Board of Supervisors and argued that for them and with them, that our airport is one of the major economic drivers of the Town. So we want it to be the very best of what it can be, and it's well on its way, but we've got some changes that we can make to make it even better. If it's that you'd want to take it to an ad hoc committee, or you want to take it to -- wait until the Town Plan is done, the Town Plan is probably not going to be finished until probably at the earliest September. If that's the will of the Council, that is fine, but I want to make it very clear that at no time was anybody ever being diminished for their involvement, but only praised for all that they have done and what a great job they've done. We just have an opportunity to move even forward with including more voices, and more people, and more businesses, and make the Leesburg Airport an even more dynamic and business -friendly and business -oriented location. That being said, is there a motion? Does someone have a motion they would like to make at this point? Council Member Fox: Madam Mayor, I don't think we do motions tonight, but I did want to take another minute. I think we have three more minutes. Mayor Burk: Oh, yes, you do. I'm sorry. Council Member Fox: Okay. You just said something, which is very clear to me, about hearing more voices, but I know we have a letter from the Airport Commission, but I was wondering if anybody had any thoughts on this ad hoc committee from our commission. Page 31 February 8, 2021 3 Dennis Boykin: Hard for me to pass up a chance to speak to the Council. Thank you for the question, Council Member Fox. In point of fact, starting last fall, we began considering a committee in the commission of all the businesses. Part of the issue that we have with businesses not being represented equally is grant obligation requirements. For the committee of the commission, different question from what you asked, businesses have always been able to speak. This would be a method by which all 11 businesses at the airport would have a seat at the table with somebody representing them. They are all welcome to come to the meeting. We're going to take that up on Wednesday. As for the ad hoc committee, I think it's a good idea. Our new Vice Chair, Dan Duenkel, is new to the commission. I'm trying to volunteer or voluntold Dr. Miller to work on the committee as well, on the commission side. I think if the vice chair and I had a conversation with the Vice Mayor and I tried to volunteer him for this idea as well when it came up the other day. I think if the folks that are new in the commission took that on, one of the things you do when you get new people working on things is they don't assume they know anything. Actually, they go out and research things. I've been doing this for too long. I think I know a lot of stuff I don't necessarily know. I find myself asking Mr. Spera a lot of questions lately that I didn't know stuff about. If we can get some new people working on that, I think a committee of the commission and a committee of the Council could work together on this and work in consonance with the development of the Town Plan. This wouldn't be a two or three- year effort. It just simply wouldn't take that long. I think it's a good idea to look at that. You also raised the issue of an authority. The Mayor suggested that. I don't think there is anything wrong with looking at that, but if you want to do that, there's two things that I think that are important, and I'll lean on the Town Manager here. At the end of the day, the authority is all about the money, so we would absolutely need Town staff and specifically, Clark Case's input, because it's all about the budget. Secondly, I think you would need a little bit of outside counsel support to help out Mr. Spera. I got referred by the Director of the Department of Aviation, Mark Flynn, when I talked to him a couple of weeks ago. He said there's a firm down in Richmond that has just done one, and I believe it was for the Chesterfield Airport last year. They've got the template, they know what it would take to actually do that, and they might be willing to give us a briefing so we could look at that and see if it is actually feasible. Council Member Fox: [inaudible] Dennis Boykin: Yes, they just did this authority. Just got it through the General Assembly. That's a fairly lengthy process, but again, as I said, it's all about the money. The Town Manager is charged with having to make the budget work for you all, and that really does matter. Council Member Fox: If I heard you correctly, you were to — you thought ad hoc committee between Council and the commission members, is that what you're suggesting? Or are you suggesting other members to this? Dennis Boykin: I think that's all you need in terms of members. You do need Town staff support. In terms of staff support, it would obviously be the Airport Director, but I think you've got to have the finance committee-- The Finance Director has to be at least consulted because at the end of the day, if you're going to look at the authority portion of it, you've got to do your pro forma budget, and you got to see how that affects the Town budget once you extract parts out of it. Council Member Fox: Okay. As far as the authority is concerned, if we decide that a new commission structure is insufficient with how everything is growing and progressing, and where we would like to see it go, I think we can all have a serious talk about an authority, but all stakeholders, I would believe, would need to be in on that conversation. Dennis Boykin: Agree. Page 41 February 8, 2021 4 Council Member Fox: All right. Thank you. Mayor Burk: All right. Is there anyone else at this point that has anything additional? In my excitement to get that motion forward, I forgot this is a work session. Is there any-- Yes, Mr. Bagdasarian? Council Member Bagdasarian: I do have one. Obviously, this is developing. The question is, if we decide to move forward the ad hoc committee, is that started right now or after we have a chance to review the Town Plan and potentially inform it? Mayor Burk: It depends on what you want. It depends on what you say, and we'll see if there's four people that are interested in doing what you're asking. If not, then some variation of that. Council Member Bagdasarian: Thanks. Mayor Burk: I would suggest that any motion that involves an ad hoc committee would also include Economic Development as part of that committee. That's all. Are there four people-- What are you looking? What did you say you were looking for? An ad hoc committee -- Council Member Bagdasarian: An ad hoc committee to be organized after an initial review of the Airport Commission charter by Town Council, as well as the other boards of commissions charters. They may have variations based on our discussion, or they may stay the same. I think it makes sense for us to review the overall charters of other boards of commissions. I'm not talking about months and months in the future, but somewhat brisk timeline. I will have a future agenda item to have a more comprehensive plan around this, but for now, it is for the Council to review the boards of commissions' charters, and provide any additional direction for the Airport Commission or other commissions to form committees to review their strategic plans for the next five years. Mayor Burk: Okay. Let me see if I sum this up correctly. You are asking for an ad hoc committee, who do you see as members of this committee? Council Member Bagdasarian: I know there's been a number of discussions this evening. The Vice Mayor, for example, someone from the Town Council, members from the Airport Commission, members from the business community at the airport, and representation from the Economic Development Department. Mayor Burk: Okay. Are you limiting this to the Airport Commission? Council Member Bagdasarian: I'm not limiting to the Airport Commission? Mayor Burk: You're not going to have any other commission people there? If you're going to be looking at the other commissions, aren't you going to want to have those commissions have representation too? Council Member Bagdasarian: For the purpose of my whatever you call it now, I would not get prescriptive on who would be a part of that commission at the current time. It's just I'm basically making a point from a timeline perspective. Council Member Cummings: Can I help him? I'd like to see, maybe we have two to three members of the Airport Commission, two to three members of Council, one member of the Economic Development Commission, and one Planning commissioner, and then two members, two of the businesses at the airport, maybe just the two FBOs, as part of this ad hoc committee. To me, that would be a good way to start. Mayor Burk: Are you saying that the ad hoc committee will be just looking at the Airport Commission? Council Member Cummings: Yes, I think at this point, that's what they need to look. Yes. Page 51 February 8, 2021 5 Council Member Bagdasarian: Yes, at that point it was just the Airport Commission, for this. Yes. Mayor Burk: All right. Thank you. Council Member Bagdasarian: We are the ad hoc committee for the Town with the review of the overall groups. Mayor Burk: You are asking? Vice Mayor Martinez: Do not forget - Mayor Burk: I'm sorry, Mr. Martinez? We forgot already. Vice Mayor Martinez: Actually, do not forget citizen representation. Mayor Burk: All right. How many would you like to see as citizen representation? We've got two, two, and one. Council Member Steinberg: Madam Mayor? Vice Mayor Martinez: I'll defer to the rest of the council. Mayor Burk: Yes. I don't know where the voice was coming from. I'm sorry. Yes, Mr -- Chris Spera: I think it was Neil. Council Member Steinberg: Some direction, if I may offer. The Airport Commission meets this week, I'm sure they're going to have a fairly in-depth conversation about this, and no doubt they will have some recommendations as to how this ad hoc committee might be structured. I would offer rather than making a decision this evening, we simply agree to put this up for our next work session, with more input at both that work session and the subsequent business meeting. We might actually come up with first, a solid proposal then a motion that will carry this whole thing forward. Mayor Burk: Okay. Mr. Steinberg is suggesting that we postpone any discussion on this until the next work session. Council Member Steinberg: Next work session, at which point we will have had the chance to get feedback from the Airport Commission. Mayor Burk: Mr. Spera, you were starting to say something? Christopher Spera: I was just trying to point-- You were looking around, you didn't know who spoke. Mayor Burk: Oh, thank you. Christopher Spera: I was pointing to Mr. Steinberg. That's all I was doing. Mayor Burk: It's very hard to hear up here - Christopher Spera: Understandable. Mayor Burk: - with these glass things. The sound is bouncing off everywhere. Let me do yours first. Are there four people that would prefer that we postpone this discussion until the next work session? Then we'll have to see where it goes as to what-- Are there four votes that would like to move this to another work session? Ms. Nacy, Ms. Fox, Mr. Steinberg. How are you voting, Mr. Martinez? Vice Mayor Martinez: No, I don't agree. Page 61 February 8, 2021 6 Mayor Burk: All right. That one doesn't make it yet. Now we have a suggestion that we have an ad hoc committee to review the Airport Commission's mission statement and makeup with two Airport commissioners, two Council commissioners, one Economic Development commissioner, one Planning commissioner, two businesses from the airport. I'm not sure who's going to decide which businesses from the airport. Council Member Cummings: These will all be public meetings. No? Mayor Burk: Yes. Council Member Cummings: Anyone can attend. I'm assuming they'll follow the very similar format for the public input. Mayor Burk: Right. If you're going to set up an ad hoc committee, there are going to be voting members, so you've got to know what businesses you're going to-- How you're going to select those businesses, or you can't just say any business that shows up, is what I'm trying to say. Council Member Cummings: I understand that, but when you say voting, I'm not sure what the committee will be voting. Mayor Burk: As they're making their recommendations, I'm sure they're going to take a consensus. They're not going to just -- Council Member Cummings: Sure. Mayor Burk: Does anybody -- Council Member Fox: Madam Mayor? I'm not sure, and maybe you can convince me otherwise. I don't see this as the purview of the Planning Commission, so I'm not quite sure about the Planning Commission member. However, I would suggest that our Economic Development Director be included in this committee. Mayor Burk: All right. We're going to include the Economic Development Director along with an Economic Development commission person? Council Member Fox: Yes. Mayor Burk: Okay. Mr. Steinberg, you had [unintelligible]. Council Member Steinberg: That's the point I was going to make. Mayor Burk: We still haven't determined how we're going to select this-- What? Vice Mayor Martinez: Madam Mayor, a couple of things, if I might. Mayor Burk: Yes, sir. Vice Mayor Martinez: Unfortunately, I'm hearing the Town Attorney. As far as the businesses, we just put out whoever wants to be part of this commission, and we'll let the ad hoc committee decide. Which is - well, we'll just figure out. Let them apply and we'll make a selection. The other thing has to do with the planning. There's a lot of potential development around the airport, and having some insight as to what's allowed and what potential there is, a Planning Commission could help, but then again, we don't necessarily need to have one there all the time, but whenever we have a problem, be able to have somebody we could talk to. Mayor Burk: Did you have-- We have a suggestion of an ad hoc committee for the Airport Commission that includes the Economic Development Director, and Economic Development commissioner, two Airport commissioners, one Planning commissioner, two Council members, and two businesses from Page 71 February 8, 2021 7 the airport. Do I have four people that are interested in doing that? Ms. Fox, Mr. Cummings, Mr. Bagdasarian. Mr. Martinez? Vice Mayor Martinez: Yes. Mayor Burk: And myself, so that you've got more than four votes. At this point, we are not going to make any changes. We're not going to invite the FBOs to participate, we're just going to wait until this commission reports back. All right. Christopher Spera: Madam Mayor, we'll prepare a resolution for you to adopt. Vice Mayor Martinez: Madam Mayor? Mayor Burk: Just a moment, Mr. Martinez. Pardon me. Mr. Spera? Christopher Spera: We'll put that on the docket for tomorrow night with a resolution, creating the ad hoc committee? Mayor Burk: Creating it, but we're not going to-- Okay, yes, that's right. Christopher Spera: That's what you want. That was your intention? Mayor Burk: Yes. Christopher Spera: Okay. We can do that. That's allowed. Mayor Burk: Mr. Martinez, yes? Vice Mayor Martinez: The Town Attorney actually answered one of the questions I was going to ask about whether we're going to have a resolution prepared for tomorrow, and are we at the same time going to appoint Council members to that committee to get it all kick-started? Mayor Burk: I don't have a problem doing it tomorrow. Does anybody have a problem? No. Okay, yes, we'll -- Council Member Bagdasarian: [inaudible] just one question. Mayor Burk: Yes, sir. Council Member Bagdasarian: Would it make sense to include the two FBOs as part of this task force since they're part of the operations of the airport? Mayor Burk: It makes sense to me, but we already passed a motion, so we have to -- Vice Mayor Martinez: 1 also -- Mayor Burk: What? I'm sorry, Mr. Martinez, what? Vice Mayor Martinez: Oh, I said I would have no problem with the two FBOs being part of the commission. Dennis Boykin: If I may, just as a point of clarification, you only actually have one FBO at this time. The second FBO has not yet met all the minimum standards, so he's not started in business as an FBO. Now, he's certainly getting ready to be there. He would have been there had he not run into some engineering issues with his fuel tanks, but there is actually only one FBO. The one issue I am concerned about is, if you direct which businesses can participate, you then run into an issue of, you're discriminating against the other businesses, and you have 11 businesses on the airport. Page 81 February 8, 2021 8 Clearly, the one FBO and the one that is about to be an FBO are the second and third largest businesses on the field, but the biggest one is the FAA, so they don't really get a vote in the matter. Not to be disrespectful to them, but they don't get involved in these things. I might recommend, why don't you let all of the businesses contribute to that? I mean, that was the issue that there aren't enough voices being heard, let's let all of them be heard. Those two are going to show up because they've got the most at stake. They'll be there, and then if the other guys want to be involved, they're not locked out and you won't have a regulatory issue there. Mayor Burk: That is fine with me. Is that okay? Is there four people that that's okay to add all the businesses that wish to participate? Council Member Fox: On the committee? Mayor Burk: It's going to be a large committee. Vice Mayor Martinez: I'm good with it. Mayor Burk: That's all right. So, Mr. Martinez, Mr. Bagdasarian, myself, and Mr. Cummings. Okay, we're in favor of doing that. All right? Okay, thank you, gentlemen, appreciate it, and ladies, for that discussion. We now go on to the Town Review of the Council's Ethics Policies. Mr. Spera? Christopher Spera: Eileen, help me out. While we're pulling this up, just the background, especially for our new Council members. When I was hired back in August of last year, this was one of the tasks that was assigned to me. We had this on the docket in October, and then it was moved by unanimous vote until the new Council was seated. Is the clicker up here? I don't see it, but that could be just because I don't see it. I got it. I'm sorry. It was hidden in the back. Thank you. The process that I went through was to review what you had and then compare it both to what I knew from working in other places, and then also comparing it to other jurisdictions. What you've got was adopted in 2009. It is pretty basic, really just touches on core ethical elements. You're required to report third part communications, you're required to restrict the form of correspondence that you use so you couldn't put personal issues on Town letterhead, that kind of thing. Gives you some admonitions and guidance about what can and can't be disclosed after a closed session, and then some general fiduciary responsibilities, use of Town assets, those types of things. It's pretty basic, what was adopted in 2009. The observations that I had, there was no code of conduct, which is fairly common these days. Your current regulatory structure is very statutory in style, it's not done in plain language. There is no disciplinary process, so something could be a violation, but there's no process by which the violation could be addressed by the body politic. It's also missing some fairly common elements that you tend to see in ethical structures. There's usually some discussion of only acting in the public interest, and applying with applicable laws, both local and State. There's usually some discussion of not attempting to influence boards, commissions, or staff in an inappropriate way. There is usually some discussion of advocacy, not advocating on behalf of private interests. There's usually some discussion and acknowledgement of your role as policy makers versus administrators of town government. Those are the things that are fairly common that I thought were missing from what you've got. My proposal, my recommendation to you is that I present you with a new ethical policy. It would be styled more in plain language, not so much the regulatory code -based language that you've got now. It will address the missing elements that I laid out in those recommendations. It would add a conduct and decorum policy, and add a disciplinary process. Assuming you are comfortable with those recommendations, tell me when you want it. I will be frank, it's already done. At least the way that I've drafted it. I mean, obviously, you will have the opportunity to review and make the changes that you want, but this could be in front of you as soon as you'd like it to be because it's already done. Page 91 February 8, 2021 9 Mayor Burk: Okay. Thank you. Does anybody have any questions? Yes, Mr. Steinberg. Council Member Steinberg: Madam Mayor, I have absolutely no questions. It seems to me it's a fairly straightforward process, and Mr. Spera has been very efficient. If he's already got the language written up, then I suspect the easiest thing to do would be to review it at our earliest convenience, and then adopt the new policy. Mayor Burk: All right. Ms. Fox? Council Member Fox: Just one quick question. Our former attorney had some language in her proposal that wasn't passed because we're here talking about it now, but that we would have to report any and all infractions, personal infractions to her. Is that in your proposal? Christopher Spera: It is not. Council Member Fox: Okay. Real quick, I have one question. We have some, under our ethics policy right now, we have some fiduciary responsibilities, and letter C and D allude to the fact that Council members shall not use Town -owned property or knowingly use office or position for personal or family gain. Would that include campaign signs on Town property? Things like that. Christopher Spera: Campaign signs are regulated by another-- There's campaign law that directly addresses that. It's not part of your ethical -- Council Member Fox: It isn't. Okay. That wouldn't be part of the ethics part. Christopher Spera: Campaign stuff typically is not part of your ethical code, it's governed by campaign law. Council Member Fox: Okay. Thank you. Christopher Spera: That's typically how it's been-- I see it done. Council Member Fox: Okay, thanks. Mayor Burk: Anyone else have any questions? Are there four people that would like to have Mr. Spera bring this to the - Christopher Spera: Work session. Mayor Burk: - next work session? Mr. Steinberg, Ms. Fox, Mr. Cummings, Mr. Bagdasarian, Mr. Martinez. We got four votes. Okay. Christopher Spera: All right. Vice Mayor Martinez: Of course. Mayor Burk: All right. Christopher Spera: You'll see what I've drafted up. On the next work session you can review it and we'll go through each one. You can tell me which ones you like, which ones you don't, and we can talk about how you'd like to change. Thank you. Mayor Burk: All right. Vice Mayor Martinez: Can I get a copy now? Mayor Burk: Okay. The next-- Mr. Martinez, you need to stay here because this next item is yours. Are you there? Page 101 February 8, 2021 10 Vice Mayor Martinez: No, I'm staying here. I'm just asking if the Town Attorney can give us a copy as soon as possible. Mayor Burk: Oh, okay. Christopher Spera: I'II send it to all of you tomorrow. Mayor Burk: All right. The next item is the Discontinuation of the Invocation at a Public Meeting. Mr. Martinez, this was yours. Vice Mayor Martinez: Well, I don't know if it was mine, I just made the comment that I don't plan on giving an invocation. I believe, for me, prayer is private and I will not do an invocation. If the rest of the Council wants to do that too, I have no problem with that. Mayor Burk: Any questions at this point? I recently was at a meeting, and instead of an invocation, it wasn't identified as an invocation, it was identified as a moment of silence. Each Council member stated what was the moment of silence for. They changed, every meeting a new Council member said, "We will be doing a moment of silence for the troops," or whatever. I just want to throw that out, if that was something that people were interested in. Ms. Fox? Council Member Fox: Thanks. I agree with Council Member -- Vice Mayor Martinez that prayer is private, but there's also very many examples where prayer is not private, and I don't want to see it disappear from our process. I really do believe that Council Member Cummings' suggestion, the last time we had a little bit of a discussion about this, but reaching out to our community, to different faiths, I would like to see that happen. I think that it would take care of some people's discomfort with having to actually offer some sort of prayer or moment of silence as we have been for a long time. I really think it's an integral part of what we've been doing, and what the Town's done for a long time, and I'd like to see it stay, personally, but I would like to also extend invitations to the public. Mayor Burk: Is there anyone else who has a comment at this point? 1, myself, if we're going to have an invocation, if it's going to stay, I think we should do it. I think it's our responsibility. We were sent some wording on what invocations are about, and they are very specific to the Council. I'd be concerned about asking other ministers and rabbis and imams from the different faiths that we would get caught in not having even representation. I don't want to get into that type of situation where you had more Christian speakers than you had Muslim speakers. I would be hesitant to do that, for that reason alone. I have no problems continuing the invocation. I have done it in all different meetings, in different locations, but if I understand people's reluctance to do it, but I do think that if we do it, we all should do it. Unless we decide that if you don't feel comfortable, and you don't want to do it, we could allow those individuals to not participate in it. We have to think along those terms because this is a change. Think of the message that you're sending out to the public, is that a message you want? Do we not want to start the meeting with a serious and thoughtful consideration of our roles and our responsibilities? I don't think that's what Mr. Martinez is trying to do at all. I think he's just of a perspective that too often it becomes too much like a prayer, and that it doesn't always make everybody in the audience very comfortable. Mr. Bagdasarian? Council Member Bagdasarian: Another possible option as we deliberate this is, in lieu of prayer, a moment of silence. If somebody does not feel comfortable in public prayer, giving them the option to have that moment of silence. It's not you must do one thing or the other, it's the Council member's option. Because if it's accomplishing the same outcome, what is the purpose of invocation? We're setting the tone for the meeting, and if it's not necessarily prayer, and there are many of us that are very religious, and different denominations, but I think having the option would be appropriate. Mayor Burk: Mr. Cummings? Page 111 February 8, 2021 11 Council Member Cummings: Thank you. I think including more folks from the community is good. I don't necessarily agree with the concern about properly-- ministers and rabbis and imams, they do this all the time throughout the community, as a religious leader. I don't think that there's a concern there with what they would come in and say. However, I understand, from a staff point, there's someone that's going to need to organize all of that and pull that together. Mayor Burk: That would be us. Council Member Cummings: Right. We would have to do that. My thought is, if it doesn't seem like that's a direction we want to move in, then I would just ask that we keep the status quo, and if you do not want to partake, and you don't feel like you can do a moment of silence, then it just passes on to the next person, and we continue to do it, but I don't think we should shut it out because I think even if it's a moment of silence, it centers us and gives us an opportunity to breathe and think about things, and think about those that these decisions we make affect. I would just urge us to, at the minimum, keep the status quo with the invocation. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Yes, thank you. Well, as the other end of the spectrum, not being a religious individual, the invocation, it's not that it doesn't hold meaning for me, but I also recognize, for example, we open every meeting with a pledge of allegiance, and if the primary intent is to set a tone of seriousness, I think the pledge certainly does that. That being said, if the Council wants to maintain the responsibility, as the Council, for the invocation process, whether it's a personal prayer on the member of an individual Council member, or a moment of silence, I have no problem with that. I would hesitate to, again, get involved, get the staff involved, as Council Member Cummings has said. I would tend to not be in favor of inviting outside voices per se. It is the Council's meeting where a special, some different kind of occasion arise where Council felt inviting an outside voice in on a particular basis obviously, we could deal with that at any given time. It seems like what we're going to do is hold on to the status quo, and I'm perfectly fine with that. Mayor Burk: All right. Ms. Nacy, you haven't spoken. Council Member Nacy: I was just going to say, I agree with, at the very least, let's not take it out. It can be a very inspiring thing. It doesn't necessarily have to be a prayer if you don't want it to be. You could just say something inspiring to get the meeting started, that sort of thing. I was just going to add, I don't know if everyone saw the case law that Mr. Spera sent earlier today, but if we did go down the road of inviting outside members, then there is some great case law that lays out what we should and shouldn't do. So, we wouldn't have to reinvent the wheel there. It would be an exercise of adding one more thing to the staffs' plate, which we may not want to do. Mayor Burk: Okay. Mr. Martinez, did you have anything more you wanted to say? Has he spoken? Vice Mayor Martinez: No, ma'am. Mayor Burk: Okay. Ms. Fox, your light's on? Did you -- Council Member Fox: Just one question. In the past, there have been some folks who have been invited. Would we be at liberty ourselves to do that? Mayor Burk: Sure. Council Member Fox: Okay. Thanks. Mayor Burk: Absolutely. I'm getting the feeling that the majority of people want to keep the invocation in place, with the caveat that if people would prefer to do a moment of silence, that's appropriate. That if someone does want to invite someone to do the invocation, it is up to them to reach out to that Page 121 February 8, 2021 12 individual to make that happen. Is that the gist of what I'm reading from the group? All right. Everybody agrees with that. Mr. Martinez? Vice Mayor Martinez: I am okay with it. Mayor Burk: I didn't hear what he said. What did he say? Eileen Boeing: He agreed. Mayor Burk: He agreed. Okay, thank you, Mr. Martinez. Thank you for bringing this forward. All right, Ms. Fox, do you have any additions to future meetings? Council Member Fox: No, [inaudible]. Mayor Burk: Mr. Steinberg? Council Member Steinberg: No. Mayor Burk: Mr. Cummings? Council Member Cummings: No. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Well, yes, I do. I would like to add to an upcoming session -- Council Member Steinberg: Mr. Bagdasarian, could you lean into your mic, please? Because you're not coming through to the speaker here. Council Member Bagdasarian: Okay, is that better? Okay, thank you. Nobody's ever asked me to speak up, so thank you very much, Council Member Steinberg. Yes, I would like to add a discussion item, a plan to align around the Town Plan. Really, a comprehensive approach, something that we can work on together as a Council and really take it throughout all aspects of the Town. Mayor Burk: You're going to have to be a little more specific there. You want to have-- What is it that you would like to have? Council Member Bagdasarian: An approach to align around the new Town Plan as a Council, which would involve reviewing the Town Plan and reviewing the different boards and commissions, what their charter is, and deploying the boards and commissions to update their plans and strategies based on the new Town Plan and our direction based on the review of their charters. Mayor Burk: Are you asking for an additional meeting? Are you asking us to-- That you'd like this to go to a work session? Council Member Bagdasarian: Yes, to a work session so we can propose an actual plan. Council Member Fox: I have a question about that. Mayor Burk: Yes, ma'am. Council Member Fox: Do we wait until the Town Plan is complete, or does it go from the first draft, or are we going to have a work session based on the first draft? Council Member Bagdasarian: I would say the first draft would be a parallel process with the Planning Commission, but that's something we have to discuss with the Planning Commission and the department. Because it should be-- it can operate, I think, as a parallel path because the vision and the guiding principles, I think are not going to change dramatically from the final version of the Town Plan, Page 131 February 8, 2021 13 but really focusing on the vision and guiding principles more than anything else. It's not getting into the actual weeds of the Town Plan at all. This is very much very high level. Council Member Fox: Okay. Mayor Burk: Any other questions? Do we have four people that would like to have this discussion at a work session? All right, I think everybody's willing to do that. We are not going to set a date for it because you're going to have a conversation with the planning. Council Member Bagdasarian: That's correct. Mayor Burk: Okay. We'II wait until that meeting happens and then- Kaj Dentler: I can't hear you. I'm sorry. You all are having a hard time, imagining what I'm having. Mayor Burk: This work session item, he's not putting a time to it because he's going to have a conversation with the Planning Commission chair. Kaj Dentler: I agree. I'll just put it out there so I have a timetable, and then I'll wait to hear it from you and the Mayor, and we'll -- Mayor Burk: Okay. Council Member Bagdasarian: That's great. Thank you. Mayor Burk: Ms. Nacy, do you have any additions? Council Member Nacy: I do not. Mayor Burk: Okay. Mr. Martinez, do you have any additions? Vice Mayor Martinez: No, ma'am. Mayor Burk: All right. I have two. The first one is that it has come to my attention that the County and Mr. Kuhn are close to a final deal on Westpark. I wanted to ask the Parks and Rec Commission, if they would weigh in on what's the vision that they would have for Westpark, knowing the limitations in regard to it because it will be a conservation easement. If they would weigh in on it, and then come back to us and we send a letter to the Board of Supervisors thanking them for cooperating and letting them know what it is that we would like to see at the Westpark park. I'm asking that we request from the Parks and Rec Commission to weigh in on Westpark, and come back with a recommendation to us, and that we then write a letter to the County thanking them and also letting them know what our expectation is on what happens with the park. Do I have four people that would agree with doing that? All right. Mr. Steinberg, Ms. Nacy, myself, Mr. Cummings. All right. The second thing, I got a request today from the AJC, the American-- It's part of the Anti -Defamation League, the AJC. American Jewish- Kaj Dentler: Center. Mayor Burk: Congress? Center? I'm sorry, I should know this. Council Member Steinberg: You're not talking about [inaudible]. The Anti -Defamation League? Mayor Burk: Well, no, it's the-- That's terrible. I can't remember it. They have asked for a letter, a proclamation condemning antisemitism, and with all the data that has come out recently showing that there is such a large increase in hate crimes directed towards the Jewish community. They would like support from-- They're asking town Councils and board of supervisors to do proclamations and Page 141 February 8, 2021 14 recognition that they are under attack, and that we as a body object to any anti-Semitic activities within our community, and support our Jewish community. Do we have a problem doing that one, Ms. Fox? Council Member Fox: I do. I have a question about that. I think it's necessary that we denounce that, but as part of the proclamation, do they want this to be just for the Jewish community, or can we do all hate crimes? Mayor Burk: I'm sure the general part would be all communities, most certainly, but it is being requested in regard to the Jewish community. Their numbers are gigantically increased the last four years. Hate crimes directed towards them. Council Member Fox: I understand that. I'm trying to figure out, and I can't remember. My memory doesn't serve. I feel like we've had a proclamation of this type within the last few years, and I can't remember, but I would like to know if that's the case. Just denouncing hate crimes. Kaj Dentler: I'll look it up. Council Member Fox: Okay. I want it to be all encompassing, but I agree that with the increase in hate crimes with the Jewish community, that should be denounced as well. Mayor Burk: Mr. Steinberg? Council Member Steinberg: I didn't mean to leave my mic on. I just wasn't sure if you had identified the organization. Mayor Burk: It is the AJC. It is a campaign to acknowledge and unite against anti-Semitic. It's an anti- Semitic campaign. They, in particular, are asking that it be directed towards anti-Semitic activity, but I'm sure that if we wanted to have a small paragraph at the top condemning all hate crime, I don't think there would be any problem with that. Do we have four people that would be willing to do that? All right, that looks like everybody. Do I have a motion to adjourn? Council Member Steinberg: So moved. Mayor Burk: So, moved. Is there a second? Council Member Bagdasarian: Second. Mayor Burk: Second. Moved by Mr. Steinberg. Seconded by Mr. Bagdasarian. All in favor. Council Members: Aye. Mayor Burk: Opposed? Kaj Dentler: Everybody run fast. Get out of here while you can. Mayor Burk: That's 7-0. Page 151 February 8, 2021 15