Back to FY Dockets



Special Meeting
Monday, May 2, 2011 - - 7:00 p.m.

* * * * *

Present: Mayor William D. Euille, Vice Mayor Kerry J. Donley, Members of Council Frank H. Fannon, Alicia R. Hughes, K. Rob Krupicka, Redella S. Pepper and Paul C. Smedberg.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Banks, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Police Captain Ogden; Mr. Baier, Director, Transportation and Environmental Services; Mr. Castrilli, Communications Director, Office of Communications; Ms. Harris, Communications Officer, Office of Communications; Mr. Johnson, Chief Financial Officer; Mr. Routt, Office of Management and Budget; Ms. Taylor, Office of Management and Budget; Mr. Stewart, Office of Management and Budget; Mr. Elliott, Office of Management and Budget; Mr. Touhill, Office of Management and Budget; Mr. Bever, Office of Management and Budget; Mr. Gates, Assistant City Manager, City Manager's Office; Ms. Boyd, Special Assistant to the City Manager, City Manager's Office; Dr. Gilmore, Director, Mental Health, Mental Retardation and Substance Abuse; Ms. Dawson, Director, Libraries; and Mr. Lloyd.

Recorded by: Jacqueline M. Henderson, City Clerk and Clerk of Council.

* * * * * *
City Council held a work session at 6:00 p.m. on the final add-delete for the budget.

* * * * * *

OPENING

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.

The following items were heard out of turn:

OTHER

5. Consideration of Appointment of the Acting City Manager.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council appointed Bruce Johnson as the Acting City Manager. The voting was as follows:

Donley "aye" Fannon "aye"
Smedberg "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

6. Oral Report on Base Realignment and Closure (BRAC-133) Project at Mark Center. (Staff Presentation)

Mr. Banks, City Attorney, made a presentation on the BRAC-133 project and pursuing legal action against the Federal government, noting that the 60 day statute of limitations has passed. Based on that statute of limitations, it is unlikely that Alexandria would be able to maintain a successful lawsuit. He said they do not have a valid cause of action that can be pursued. Mr. Banks responded to questions of City Council.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

4. Second Reading and Final Passage of an Ordinance to Codify the Tier 1 Potomac Yard Metrorail Station Special Services District as a Separate Classification For Real Estate Tax Purposes and to Establish the Tax Rate for Calendar Year 2011. (#8, 3/12/11) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 9, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/2/11, 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. 4; 5/2/11, 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. 4; 5/2/11, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council adopted the ordinance to codify the Tier 1 Potomac Yard Metrorail Station Special Services District as a separate classification for real estate tax purposes and to establish a tax rate at $.20 on each $100 of assessed value to be imposed on Tier I property owners within the special services district in addition to the real property tax rate set by City Council for all properties in the City. The revenue from this special tax district provides funding to be used exclusively for the purpose of providing facilities and services related to the construction of the Potomac Yard Metrorail Station in the City of Alexandria and the construction of a pedestrian bridge from Potomac Greens to Potomac Yard.

Councilwoman Hughes stated for the record that this motion does not include properties pre-existing and Potomac Greens.

The voting was as follows:

Hughes "aye" Fannon "aye"
Donley "aye" Krupicka "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"


The ordinance reads as follows:

ORDINANCE NO. 4717

AN ORDINANCE to amend Division 1 (REAL ESTATE), of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), of Chapter 2 (TAXATION), of Title 3 (FINANCE TAXATION AND PROCUREMENT), of the Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 3-2-189 (TIER I POTOMAC YARD METRORAIL STATION SPECIAL SERVICES DISTRICT TAX).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Division 1 of Article M of Chapter 2 of Title 3 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby amended by adding thereto new Section 3-2-189, to read as follows:

The following is all new language

Sec. 3-2-189 Tier I Potomac Yard Metrorail Station Special Services District Tax.


(a) Pursuant to the authority granted by Section 15.2-2400, et seq. of the Code of Virginia (1950), as amended, all real property located in the Tier I Potomac Yard Metrorail Station Special Services District, established pursuant to Ordinance Number 4693, classified by the city council as a separate class of real property for local taxation shall be designated, assessed and taxed as a separate class of real property.

(b) In addition to all other taxes and fees permitted by law, the class of real property designated in this section may, and if imposed by ordinance shall, be subject to a real property tax, in addition to that imposed by city code section 3-2-181 and any other applicable law, at the rate established by the city council of the City of Alexandria.

(c) As detailed in Ordinance Number 4693, all revenues generated from the real property tax imposed by this Section 3-2-189 shall be used exclusively for the purpose of providing facilities and services related to the construction of the Potomac Yard Metro Station in the City of Alexandria and the construction of a pedestrian bridge from Potomac Greens to Potomac Yard.

(d) The real property tax imposed by this section 3-2-189 shall be levied, administered, enforced and collected in the same manner as set forth in Subtitle III of Title 58.1 of the Code of Virginia and chapter 2 of this title for the levy, administration, enforcement and collection of local taxes.

(e) The director of the department of real estate assessments shall separately assess and set forth upon the City of Alexandria’s land book the fair market value of that property that is designated as a separate class of real property in accordance with the provisions of this section.

(f) There shall be levied and collected for the calendar year 2011 on all real estate located within the territorial boundaries of the city and subject to taxation pursuant to this section, a tax of $0.20 on each $100 of the assessed value thereof, for the purposes set forth in subsection (c) above.

Section 2. That this ordinance shall become effective January 1, 2011, nunc pro tunc.

* * * * * *

NEW BUSINESS ITEM #1:

City Council expressed gratitude and accolades to City Manager Hartmann on his leaving the City and taking a new position in Seminole County, Florida.

* * * * * *

The following item was heard out of turn:

ORDINANCES AND RESOLUTIONS

3. Second Reading and Final Passage of an Ordinance on the Increase in Real Estate Tax Revenue, at a Rate Not to Exceed $1.00 per $100 of Assessed Value, Attributable to the Increase in Value of Assessed Property as of January 1, 2011, and Known as the "Effective Rate Increase" Pursuant to Section 58.1-3321 of the Virginia Code. (#7, 4/16/11) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 8, 2011, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/2/11, 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. 3 of Item No. 3; 5/2/11, 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. 3; 5/2/11, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Fannon, seconded by Councilwoman Hughes and carried unanimously by roll-call vote, City Council established a source of revenue for transportation projects by reserving 2.2 cents of the real property tax rate on each $100 of assessed value. The voting was as follows:

Fannon "aye" Donley "aye"
Hughes "aye" Krupicka "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously by roll-call vote, City Council set the City's 2011 blended real property tax rate at ninety-nine point eight cents ($0.998) on each $100 of assessed value, an increase of two cents ($0.02) from the 2010 rate. The 2011 real property tax rate contains the following dedications: The sum of six tenths of one cent on each $100 of assessed value of the ninety-nine point eight cent real property tax rate will be dedicated for affordable housing purposes to continue to pay budgeted debt service on affordable housing bonds, beginning July 1, 2011; the sum of five tenths of one cent on each $100 of assessed value of the ninety-nine point eight cent real property tax rate will be collected for stormwater management and segregated in a separate special revenue fund to address operating and capital needs related to stormwater management; the sum of three tenths of one percent of total real property tax revenue will continue to be dedicated to the Open Space Trust Fund to continue to pay budgeted debt services on borrowing for open space purposes. Additionally, City Council establishes a source of revenue for transportation projects by reserving 2.2 cents of the real property tax rate on each $100 of assessed value. The total blended real property tax rate for the City in 2011 will be ninety-nine point eight cents. Personal property tax rates remain unchanged from 2010.

Councilwoman Hughes stated the following for the record: There are two parts for the stormwater management. One is for a study that is in FY 2012 budget in the amount of $85,000. This $85,000 should cover the stormwater planning east of the park roadway. The remaining section of the park will be planned as a second phase from the stormwater fund. In addition, an interim water collection system will be employed during FY 2012 to collect and convey the overland flow in and around the RPCA former maintenance area and the Oakland Baptist Church. This low cost interim solution now being designed will be funded in FY 2012 by the stormwater fund.

The voting on the motion was as follows:

Krupicka "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Smedberg "aye"

The ordinance reads as follows:
ORDINANCE NO. 4716

AN ORDINANCE to amend and reordain Section 3-2-181 (LEVIED; AMOUNT) and Section 3-2-188 (CLASSIFICATION AND TAXATION OF CERTAIN COMMERCIAL AND INDUSTRIAL PROPERTY), of Division 1, (REAL ESTATE), and Section 3-2-221 (LEVIED ON TANGIBLE PERSONAL PROPERTY OTHER THAN MOBILE HOMES, AUTOMOBILES, TRUCKS, ANTIQUE MOTOR VEHICLES, TAXICABS, MOTOR VEHICLES WITH SPECIALLY DESIGNED EQUIPMENT FOR USE BY THE HANDICAPPED, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND TRAILERS; AMOUNT), Section 3-2-222 (LEVIED ON MACHINERY AND TOOLS USED IN MINING OR MANUFACTURING BUSINESS; AMOUNT), Section 3-2-223 (LEVIED ON MOBILE HOMES; AMOUNT), Section 3-2-224 (LEVIED ON AUTOMOBILES, TRUCKS, TRAILERS, SEMI-TRAILERS ANTIQUE MOTOR VEHICLES, TAXICABS, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND TRAILERS; AMOUNT) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), all of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-2-181 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-181 Levied; amount.

There shall be levied and collected for the calendar year 20110 on all real estate located within the territorial boundaries of the city and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $0.998 on each $100 of the assessed residential property value thereof and $0.998 on each $100 of the assessed commercial residential property value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 2. That Sec. 3-2-188 of The Code of the City of Alexandria, 1981 as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-188 Classification and taxation of certain commercial and industrial real property.

(a) Pursuant to the authority granted by Section 58.1-3221.3 of the Code of Virginia (1950), as amended, all commercial and industrial real property in the City of Alexandria classified by the General Assembly as a separate class of real property for local taxation shall be designated, assessed and taxed as a separate class of real property. Such separate class of real property shall not include any residential uses excluded by Section 58.1-3221.3 of the Code of Virginia.

(b) In addition to all other taxes and fees permitted by law, the class of real property designated in this section may, and if imposed by ordinance shall, be subject to a real property tax, in addition to that imposed by City Code Section 3-2-181 and any other applicable law, at the rate established by the City Council of the City of Alexandria not to exceed the rate authorized by the Code of Virginia.

(c) All revenues generated from the real property tax imposed by this Section 3-2-188 shall be used exclusively for transportation-related projects and services that benefit the City of Alexandria.

(d) The real property tax imposed by this Section 3-2-188 shall be levied, administered, enforced and collected in the same manner as set forth in Subtitle III of Title 58.1 of the Code of Virginia and Chapter 2 of this Title for the levy, administration, enforcement and collection of local taxes.

(e) The director of the department of real estate assessments shall separately assess and set forth upon the City of Alexandria's land book the fair market value of that property that is designated as a separate class of real property in accordance with the provisions of this section.

(f) There shall be levied and collected for the calendar year 20110 on all real estate located within the territorial boundaries of the city and subject to taxation pursuant to this section, a tax of $0.00 on each $100 of the assessed value thereof, for the purposes set forth in subsection (c) above.

Section 3. That Section 3-2-221 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-221Levied on tangible personal property other than mobile homes, automobiles, trucks, antique motor vehicles, taxicabs, motor vehicles with specially designed equipment for use by the handicapped, motorcycles, campers and other recreational vehicles, boats and boat trailers; amount.

There shall be levied and collected for the calendar year 20110 on all tangible personal property, other than mobile homes, automobiles, trucks, antique motor vehicles, taxicabs, motor vehicles with specially designed equipment for use by the handicapped, motorcycles, campers and other recreational vehicles, boats and trailers, owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs within the city and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $4.75 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 4. That Section 3-2-222 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-222 Levied on machinery and tools used in mining or manufacturing business; amount.

There shall be levied and collected for the calendar year 20110 on all machinery and tools used in a mining or manufacturing business taxable on capital and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $4.50 on each $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 5. That Section 3-2-223 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-223 Levied on mobile homes; amount.

There shall be levied and collected for the calendar year 20110 on all vehicles without motor power, used or designed to be used as mobile homes as defined in section 46.2-100 of the Code of Virginia, owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs within the city and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $0.978 on each $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 6. That Section 3-2-224 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-224Levied on automobiles, trucks, trailers, semi-trailers, antique motor vehicles, taxicabs, motorcycles, campers and other recreational vehicles, boats and trailers; amount.

(a) Except as provided in subsections (b), (c) and (d), there shall be levied and collected for the calendar year 20110 on all automobiles, trucks, trailers, semi-trailers, antique motor vehicles (as defined in section 46.2-100 of the Code of Virginia, 1950, as amended, which may be used for general transportation purposes as provided in subsection C of section 46.2-730 of the Code of Virginia, 1950, as amended), taxicabs, motorcycles, campers and other recreational vehicles, boats and boat trailers owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs for taxation in the city, a tax of $4.75 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(b) There shall be levied on and collected for the calendar year 20110 on all automobiles, trucks, trailers and semi-trailers with a gross vehicle weight of 10,000 pounds or more which are used to transport property for hire by a motor carrier engaged in interstate commerce, and are owned or held by residents or citizens of the city, are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $4.50 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(c) There shall be levied on and collected for the calendar year 20110 on all automobiles and trucks which are equipped with specially designed equipment for use by the handicapped and are owned or held by residents or citizens of the city, are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $3.55 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(d) There shall be levied on and collected for the calendar year 20110 on all privately owned pleasure boats and watercraft, which are used for recreational purposes only, and are owned or held by residents or citizens of the city, or are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $.01 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(e) For tax years commencing in 2006, the City adopts the provisions of Item 503.E of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, the “2005 Appropriations Act”), providing for the computation of tax relief under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, as a specific dollar amount to be offset against the total taxes that would otherwise be due but for the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, and the reporting of such specific dollar relief on the tax bill.

(i) The City shall, following adoption of the annual budget adopted pursuant to Chapter 25 of Title 15.2 of the Code of Virginia and sections 6.01 through 6.15 of the City Charter, set the rate of tax relief under this subsection at such a level that it is anticipated fully to exhaust relief funds under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, provided to the City by the Commonwealth. Any amount of relief funds under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, provided to the City by the Commonwealth, not used within the City’s fiscal year shall be carried forward and used to increase the funds available for personal property tax relief under this subsection in the following fiscal year. (ii) Personal property tax bills shall set forth on their face the specific dollar amount of relief under this subsection credited with respect to each qualifying vehicle, together with an explanation of the general manner in which such relief is allocated. (iii) Allocation of relief under this subsection shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the City’s annual budget relating to relief under this subsection. (iv) Relief under this subsection shall be allocated in such as manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000 or less. (v) Relief under this subsection with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a rate, annually fixed in the City budget and applied to the first $20,000 in value of each such qualifying vehicle, that is estimated fully to use all relief funds under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, provided to the City by the Commonwealth.

Section 7. That this ordinance shall become effective January 1, 2011, nunc pro tunc.

2. Consideration of the Proposed Annual Operating Budget for FY 2012 (including Schools) and the Proposed Capital Improvements Program for FY 2012-2017 (including the Schools CIP.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council adopted the annual general fund operating budget for FY 2012 of $566,862,748 with the following amendments to the City Manager's proposed budget. The details are described in the May 2, 2011 memo from the City Manager "FY 2012 budget adoption - draft of tentative actions for Monday Night." Technical expenditure decreases (net of increases) of $607,120. Other expenditure increases (net of decreases) of $14,095,467. General fund revenue re-estimate increases of $1,829,557 in support of the annual operating budget for FY 2012 (including schools.) Tax and fee rate changes and decreases (net of increases) in general fund revenue of $11,658,790. The total increase in expenditures compared to the City Manager's proposed budget is $13,488,347, including an increase of $12,529,994 in cash capital funding of the FY 2012-2021 Capital Improvement Program and an increase (net of decreases) in contingent reserves of $760,000, designated as shown in the docket item. In addition, the City Manager was authorized to make technical adjustments to each affected departmental budget from the non-departmental budget to reflect the proper allocation to departmental budgets of the adjustments related to health insurance premiums, details of these adjustments will be presented for approval by City Council in the context of the FY 2012 appropriations ordinance in June. The voting was as follows:

Donley "aye" Fannon "aye"
Smedberg "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council authorized the appropriation from general fund balance of $5,019,903 to support the operations of the City government as proposed by the City Manager. City Council commits the assignments of fund balance as proposed by the City Manager with the amendments described in the adoption staff report. The voting was as follows:

Pepper "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council adopted the FY 2012 to FY 2021 Capital Improvement Program of $1.146 billion in total and $1.124 billion in local funding. Of this amount, $93.0 million in total and $79.8 million in local funding is provided for FY 2012 capital expenditures as amended by City Council and reflected in budget memo #88. The FY 2012 to FY 2021 Capital Improvement Program includes a total of $145.1 million provided for the transportation improvement fund and $211.1 million provided for Alexandria City Public Schools capital needs, with $13.6 million provided for the transportation improvement fund in FY 2012 and $22.0 million provided for Alexandria City Public Schools capital needs in FY 2012. Council moved that the City Manager provide City Council with a June 2011 docket item describing the specific FY 2012 to FY 2021 project and financing proposal for the transportation improvement fund. The City Manager, working with the Alexandria City Public Schools, provide City Council with a June 2011 docket item describing the detailed FY 2012 capital project plan for Alexandria City Public Schools. The voting was as follows:

Smedberg "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

EXECUTIVE SESSION

7. Consideration of a Closed Meeting to Discuss Personnel Matters and a Legal Matter.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council convened in closed executive session at 9:00 p.m, pursuant to Sections 2.2-3711(A)(1) and (7) of the Code of Virginia,for the purpose of discussion and consideration of the appointment of a specific appointee and consultation with legal counsel and briefing by staff pertaining to actual or probable litigation where such consultation in open meeting would adversely affect the negotiation or litigation posture of the public body and for consultation regarding specific legal matters requiring the provision of legal advice. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council reconvened the meeting at 9:39 p.m. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously by roll-call vote, City Council adopted a resolution pertaining to the Executive Session. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

The resolution reads as follows:
RESOLUTION NO. 2449

WHEREAS, the Alexandria City Council has this 26th day of April 2011, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED, that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

********
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the special meeting of May 2, 2011 at 9:41 p.m. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"



APPROVED BY:

___________________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

___________________________________
Jacqueline M. Henderson, MMC
City Clerk and Clerk of Council




This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 703-746-4550 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

City Council meetings are closed-captioned for the hearing impaired.
* * * * *