Absent: None. Also Present: Mr. Young, City Manager; Mr. Banks, City Attorney; Mr. Johnson, Chief of Staff, City Manager's Office; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Police Captain Ogden; Police Chief Cook; Mr. Baier, Director, Transportation and Environmental Services; Ms. Baker, City Engineer, Transportation and Environmental Services; Ms. Marks, Transportation and Environmental Services; Ms. Dastgheib, Transportation and Environmental Services; Mr. Garbacz, Transportation and Environmental Services; Mr. Caton, Legislative Director; Mr. Castrilli, Director, Office of Communications; Mr. Spengler, Director, Recreation, Parks and Cultural Activities; Ms. Davis, Director, Office of Housing; Ms. McIlvaine, Deputy Director, Office of Housing; Mr. Keeler, Office of Housing; Ms. Triggs, Acting Chief Financial Officer; Mr. Routt, Office of Management and Budget; Ms. Hamer, Director, Planning and Zoning; Ms. Ross, Deputy Director, Planning and Zoning Mr. Martinez, ITS; and Mr. Lloyd. Recorded by: Jacqueline M. Henderson, City Clerk and Clerk of Council. * * * * * * City Council held a work session at 5:30 p.m. with the Alexandria Economic Development Partnership and the Alexandria Convention and Visitors Association. * * * * * * 1. Calling the Roll.
The meeting was called to order by Mayor Euille, and the City Clerk called the roll. All the members of Council were present. 2. Moment of Silence and Pledge of Allegiance. City Council observed a moment of silence and recited the Pledge of Allegiance. 3. Reading and Acting Upon the Minutes of the Following Meetings of City Council: (a) The Public Hearing Meeting Minutes of February 25, 2012; and (b) The Regular Meeting Minutes of February 28, 2012. WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Hughes and carried unanimously, City Council approved the public hearing meeting minutes of February 25, 2012 and the regular meeting minutes of February 28, 2012. The voting was as follows: Donley "aye" Fannon "aye" Hughes "aye" Krupicka "aye" Euille "aye" Pepper "aye" Smedberg "aye" RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL 4. Recognition of the Third Annual Jesuit Rugby Classic To Be Held in the City March 17-18, 2012. City Council recognized the rugby classic team and coaches. PROCLAMATIONS None. REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER CONSENT CALENDAR (5-10) (Resignations and Uncontested Appointments) 5. Receipt of the Following Resignation from Members of Boards, Commissions and Committees: (a) Affordable Housing Advisory Committee Dimitri M. Warren (b) Commission for the Arts Leisa Collins (A copy of the above resignations are on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 5 (a-b); 3/13/12, and is incorporated as part of this record by reference.) 6. Uncontested Appointments to Boards, Commissions and Committees: (a) Commission for Women 1 Citizen Member (b) Commission on HIV/AIDS 1 Citizen Member (c) Community Criminal Justice Board 1 Citizen Member (d) Community Policy and Management Team 1 Parent Member Who is Not an Employee of Any Public or Private Program Which Receives Funds From the Comprehensive Services Act (e) Community Services Board 1 Licensed Physician Representative (f) Economic Opportunities Commission 1 Representative for Councilman Krupicka (g) Environmental Policy Commission 1 Member From the Field of Environmental Sciences (e.g., Environmental/Sanitary Engineering, Ecology, Geology, Botany, Hydrology, Chemistry) or Who Have Alexandria Waterfront Expertise (h) Historic Alexandria Resources Commission 1 Planning District II Representative (i) Landlord Tenants Relations Board 1 Resident Member Who is Neither a Landlord or a Tenant (j) Sister Cities Committee 1 Citizen Member (k) Urban Design Advisory Committee 1 Old Town Business Representative (A copy of the above appointments are on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a-k); 3/13/12, and is incorporated as part of this record by reference.) (Reports and Recommendations of the City Manager) 7. Consideration of a Grant Application to the Virginia Department of Health for the United States Department of Agriculture (USDA) Summer Food Service Program for Children. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/13/12, and is incorporated as part of this record by reference.) 8. Consideration of a Grant Application to the Rescue Squad Assistance Fund Grant Program, Department of Health, Commonwealth of Virginia. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/13/12, and is incorporated as part of this record by reference.) 9. Consideration of a Grant Application for the United States Environmental Protection Agency for the 2011-2012 Chesapeake Bay Green Streets-Green Jobs Initiative Grants Program. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/13/12, and is incorporated as part of this record by reference.) (Ordinances for Introduction) 10. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance Authorizing and Empowering the Issuance, Sale and Delivery of General Obligation Bonds to Finance Various City and School Capital Projects. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/13/12, and is incorporated as part of this record by reference. A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 3/13/12, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 3/13/12, and is incorporated as part of this record by reference.) END OF CONSENT CALENDAR WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilwoman Pepper and carried unanimously, City Council approved the consent calendar. The City Manager's recommendations were as follows: 5. City Council accepted the following resignations with regret: (a) Dimitri M. Warren, Affordable Housing Advisory Committee; and (b) Leisa Collins, Commission for the Arts. 6. City Council made the following appointments to boards and commissions: (a) appointed Brian Morreale as the one citizen member to the Commission for Women; (b) appointed John Wedeles as the one citizen member to the Commission on HIV/AIDS; (c) reappointed Laura Zimmerman as the one citizen member to the Community Criminal Justice Board; (d) appointed Todd Walls as the one parent member who is not an employee of any public or private program which received funds from the Comprehensive Services Act to the Community Policy and Management Team; (e) appointed Robert Pinney as the one licensed physician representative to the Community Services Board; (f) appointed Rebecca Thorsen as the one representative for Councilman Krupicka on the Economic Opportunities Commission; (g) reappointed Kurt Moser as the one member from the field of environmental sciences (e.g., environmental/sanitary engineering, ecology, geology, botany, hydrology, chemistry) or who have Alexandria waterfront expertise to the Environmental Policy Commission; (h) appointed Susan Hellman as the one Planning District II representative to the Historic Alexandria Resources Commission; (i) reappointed Debra Zusman as the one resident member who is neither a landlord or a tenant to the Landlord-Tenant Relations Board; (j) appointed Patricia Shaffer as the one citizen member to the Sister Cities Committee; and (k) waived the residency requirement and reappointed Elisabeth Lardner as the one Old Town business representative to the Urban Design Advisory Committee. 7. City Council authorized staff to: 1. submit the grant application (due April 27, 2012) to the Virginia Department of Health for United States Department of Agriculture for continued funding and an estimated reimbursement amount of $112,000 for program expenses; 2. affirmed that there are no funds available in the City budget to continue these activities once the grant funds are expended; and 3. execute all necessary documents that may be required. 8. City Council: 1. approved the submission of the grant application (due March 5, 2012); and 2. authorized the City Manager to execute the necessary documents that may be required. 9. City Council: 1. approved the submission of a grant application, not to exceed $100,000; and 2. authorized the City Manager to execute all necessary documents that may be required. 10. City Council passed the ordinance on first reading and set the public hearing for March 17, 2012 for an ordinance authorizing and empowering the issuance, sale and delivery of general obligation bonds to finance various capital projects. The voting was as follows: Hughes "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Krupicka "aye" Smedberg "aye" CONTESTED APPOINTMENTS 11. Citizen Corps Council 1 Representative of the Emergency Medical Services Council, the Medical Reserve Corps, or a Person With Emergency Medical Response Experience (The following persons volunteered for appointment to the above Commission) NAME: ENDORSED BY: Caroline Faiella Nancy Pomerleau Katya Wanzer (Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/13/12, and is incorporated as part of this record by reference.) WHEREUPON, ballots were distributed, tellers were appointed and the ballots were tallied with the following results: City Council appointed Nancy Pomerleau as the representative of the Emergency Medical Services Council, the Medical Reserve Corps, or a person with emergency medical response experience to the Citizen Corps Council. The voting was as follows: Euille - Wanzer Donley - Pomerleau Fannon - Pomerleau Hughes - Pomerleau Krupicka - Faiella Pepper - Wanzer Smedberg - Pomerleau 12. George Washington Birthday Celebration Committee 1 Member Nominated by the Alexandria Jaycees (The following persons volunteered for appointment to the above Commission) NAME: ENDORSED BY: Amber Johnson (Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/13/12, and is incorporated as part of this record by reference.) WHEREUPON, ballots were distributed, tellers were appointed and the ballots were tallied with the following results: City Council waived the residency requirement and appointed Amber Johnson as the one member nominated by the Alexandria Jaycees to the George Washington Birthday Celebration Committee. The voting was as follows: Euille - Johnson Donley - Johnson Fannon - Johnson Hughes - Johnson Krupicka - Johnson Pepper - Johnson Smedberg - Johnson REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION 13. Receipt of Report on Items Before the 2012 Virginia General Assembly. (A copy of the City Manager's memorandum dated March 12, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/13/12, and is incorporated as part of this record by reference.) Mr. Caton, Legislative Director, made a presentation of the report and responded to questions of City Council. WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council received the report. The voting was as follows: Smedberg "aye" Fannon "aye" Donley "aye" Hughes "aye" Euille "aye" Krupicka "aye" Pepper "aye" 14. Consideration of Revisions to the City Code and Zoning Ordinance to Clarify Development Conditions Regulating Visitor/Guest Permit Parking. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/13/12, and is incorporated as part of this record by reference.) Mr. Baier, Director, Transportation and Environmental Services, along with Ms. Dastgheib, Transportation and Environmental Services, and Ms. Ross, Deputy Director, Planning and Zoning, made a presentation of the report and responded to questions of City Council. WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Hughes and carried 6-0, City Council directed staff to revise the City Code and Zoning Ordinance to clarify that residents of developments with certain development special use permit conditions limiting residential parking permits may obtain guest/visitor parking passes. City Council also directed staff, whether through community outreach or through contact with local civic associations, to try to get an understanding of the other issue and report back to Council with identification of the issue and potential solutions. The voting was as follows: Donley "aye" Fannon "aye" Hughes absent Krupicka "aye" Euille "aye" Pepper "aye" Smedberg "aye" 15. Consideration of the Monthly Financial Report for the Period Ending January 31, 2012. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/13/12, and is incorporated as part of this record by reference.) Mr. Triggs, Acting Chief Financial Officer, made a presentation of the report and responded to questions of City Council. WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried 6-0, City Council received the monthly financial report for the period ending January 31, 2012. The voting was as follows: Krupicka "aye" Donley "aye" Smedberg "aye" Fannon "aye" Euille "aye" Hughes absent Pepper "aye" 16. Consideration of Funding Allocation for Rebuilding Together Alexandria. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/13/12, and is incorporated as part of this record by reference.) Ms. Davis, Director, Office of Housing, made a presentation of the staff report and she, along with Mr. Keeler, Office of Housing, responded to questions of City Council. WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously, City Council: 1. approved a grant of $50,000 in housing trust fund monies to Rebuilding Together Alexandria to fund its activities in FY 2012 as described in the staff report; and 2. authorized the City Manager to execute all necessary documents and agreements. The voting was as follows: Donley "aye" Fannon "aye" Krupicka "aye" Hughes "aye" Euille "aye" Pepper "aye" Smedberg "aye" 17. Consideration of a Grant Application to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for Funding From the 2012 COPS Hiring Program. (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/13/12, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilwoman Pepper and carried 6-0, City Council: 1. authorized the grant application (due March 22, 2012) to the U.S. Department of Justice that provides 75 percent funding for approved entry-level salaries and benefits for 3 years (36 months) for newly-hired, full time sworn officer positions (including filling existing unfunded vacancies); and 2. authorized the City Manager to execute all necessary documents that may be required. The voting was as follows: Hughes "aye" Donley "aye" Pepper "aye" Fannon "aye" Euille "aye" Krupicka absent Smedberg "aye" REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES None ORAL REPORTS BY MEMBERS OF CITY COUNCIL and ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL (a) Councilman Smedberg said the CEO of VRE is retiring as of June 30, and a search will be underway for a new CEO. He said they are meeting Thursday morning to go over proposals for a consultant to help with that search. (b) Vice Mayor Donley said the recent ACPS audit of the capital budgets has been completed and it's portrayed the Schools CIP process as dysfunctional. He said he found a number of the recommendations are fairly basic and fundamental and the basic procedures, regarding internal fiscal controls, have not been in place but more importantly should have been in place. He said that ultimately, the situation comes down to one of accountability and responsibility. ACPS is a $100 million plus organization, and the fact that the basic accounting principles and fiscal controls were not in place calls into question the administrative and managerial responsibilities of senior staff and ultimately the Superintendent. Vice Mayor Donley said that in this instance, the School Board was not well served by senior staff at ACPS, but more importantly, the taxpayers of the City were not well served. Vice Mayor Donley said it is his opinion that the Superintendent should resign because of the problems. He said he respects the authority of the School Board in terms of their relationship with the Superintendent, and said he comes to that conclusion after reading the audit and hearing the response that's come forward from the Superintendent. There needs to be more accountability in the system. Councilman Fannon said the report brought up many concerns of financial mismanagement, and Council has done a good job with 70 percent of the budget that is not the schools. He said he was trying to do what he could to get the costs under control to make smart financial decisions. He said when it looks at the space in the schools and the millions of square feet, there are thousands of details, and not having the proper checks and balances in place and staffing to handle it is what is disappointing. He said they have to trust the School Board to be sure they have their checks and balances in place and hoped things get corrected. Councilman Krupicka said they are all disappointed in the findings of the report and the School Board is as disappointed as the Council is, and the School Board is taking aggressive, corrective action. He said it is a leap to go from this issue to there being no oversight, thought or care in the last three years, as he didn't think that bears any reality to fact. Councilman Krupicka said the schools per pupil spending has gone down over the last three years, their population has increased dramatically, and they have reduced administrative overhead. He said the big question is the Schools and the City use the same outside auditor to review the books, and the Schools have received a top notch outside audit for the last years. He said he wanted the City to take a close look at their confidence in the outside auditor as relates to the City's fiscal management. He asked staff to review it and come back to Council. Mayor Euille said he shares the concerns, but this is a fiduciary responsibility of the School Board, who has responsibility for their own budget and they hire and fire the Superintendent. He said because the Council has the funding for the school system, they should have an opportunity when they feel there are matters of concern that need to be addressed. He said he's had conversations with the chair of the School Board that they need to stop the spin on it, be responsible and act accordingly. He said he's had a conversation with the City Manager and asked him to be prepared to address the CIP situation with ACPS and to help provide Council with guidance on addressing the matter. Councilman Smedberg said he was concerned when he read the report from last week, and it is an unfortunate situation. He said it highlights a concern that he had that the School Board has not been well served, and if they are getting information that is not entirely accurate, then that is clearly an issue. He said the leader of the organization is not closely monitoring large ticket items and isn't aware of some of the underlying policies and procedures, and other people have resigned or taken responsibility for things. There doesn't seem to be the expression of responsibility coming from the very top, and that accountability lies with that person and he didn't hear that from the lead administrator. Councilman Smedberg said he thought a serious examination of how things are going between the administration and School Board has to be looked at. He said he had concern when he heard that the interim CFO was continuing on as budget director and having other responsibilities, and he asked if they were putting too much burden and responsibility on this person as opposed to the Superintendent himself. Councilman Smedberg said he thought the Superintendent needs to reflect on it to see how he does ultimately take responsibility and accountability for the situation. Councilwoman Hughes said she can associate herself with the comment of taking pause and paying attention to the trust and how the public feels about the dollars on the capital side or operating side. On the operating side, ACPS accounts for 32 percent of the budget and whenever requests have been made by the Schools, Council has been swift to acquiesce to what those desires have been. She said the group used to do the audit are only as good as the questions that are raised for the work they are to do. She said given some of the things raised in the audit report, how have the internal controls that have been lacking impacted the practice or business they have had on the City side for the expenses. Councilwoman Pepper said what everyone hearing is there is a tremendous sense of disappointment that this has happened. She said when they met with the School Board and Superintendent in the joint meeting, the Superintendent seemed to find others to blame for this, and she hoped he would be thinking long and hard about the situation, as he is truly the bottom line. She said she is pleased the issue has come forward in a way that everyone gets a chance to discuss it, as it is an issue that concerns a lot of people across the City and they need to talk about it. Mayor Euille noted that this will be discussed further in a budget work session on March 28. ORAL REPORT FROM THE CITY MANAGER None. ORDINANCES AND RESOLUTIONS 18. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Establish the Real Estate and Personal Property Tax Rates for Calendar Year 2012 (Fiscal Year 2013.) (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/13/12, and is incorporated as part of this record by reference. A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 3/13/12, and is incorporated as part of this record by reference. A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 3/13/12, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried 5-2, City Council: 1. passed the ordinance on first reading after establishing the tax rate at $1.008 per $100 assessed value, an increase of one cent, to be advertised for residential and commercial real property and personal property; and 2. set the ordinance for public hearing on Saturday, April 14, with second reading and final passage on Monday, May 7. The voting was as follows: Krupicka "aye" Fannon "no" Donley "aye" Hughes "no" Euille "aye" Pepper "aye" Smedberg "aye" 19. Consideration of a Resolution Authorizing the Issuance of Refunding Bonds by the Industrial Development Authority of the City of Alexandria for Episcopal High School. [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/13/12, and is incorporated as part of this record by reference.) WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council adopted the resolution authorizing the issuance of refunding bonds by the Industrial Development Authority for Episcopal High School, as recommended by the Industrial Development Authority of the City of Alexandria. The voting was as follows: Donley "aye" Fannon "aye" Pepper "aye" Hughes "aye" Euille "aye" Krupicka "aye" Smedberg "aye" The resolution reads as follows:
WHEREAS, the Authority has held a public hearing on the Borrower’s application and Plan of Financing on March 6, 2012;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia (the "City"), the Facility is located in the City and the City Council of the City of Alexandria, Virginia (the "Council") constitutes the highest elected governmental unit of the City; WHEREAS, the Authority has recommended that the Council approve the Plan of Financing and the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds pursuant to the Borrower’s Plan of Financing, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA: 1. The Council approves the Plan of Financing and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code") to permit the Authority to assist in its Plan of Financing. 2. The approvals of the Plan of Financing and the issuance of the Bonds do not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the Borrower. 3. This resolution shall take effect immediately upon its adoption. 20. Consideration of a Resolution to Establish an Ad Hoc Towing Services Contract Advisory Board. [ROLL-CALL VOTE] (A copy of the City Manager's memorandum dated March 7, 2012, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/13/12, and is incorporated as part of this record by reference.) Mr. Garbacz, Transportation and Environmental Services, responded to questions of City Council. WHEREUPON, upon motion by Councilman Fannon, seconded by Councilwoman Hughes and carried unanimously by roll-call vote, City Council: 1. adopted the resolution establishing a five-member ad hoc advisory board consisting of two representatives of the local towing industry, two citizens and one representative from the Alexandria Police Department to review the existing contract and make recommendations to City Council on the appropriate provisions to be included in the terms and conditions of the new five-year contract for towing services utilized by various City agencies as required by State Code; and 2. authorized the City Clerk and Clerk of Council to advertise the vacancies. The voting was as follows: Fannon "aye" Donley "aye" Hughes "aye" Krupicka "aye" Euille "aye" Pepper "aye" Smedberg "aye" The resolution reads as follows: