Regular Meeting
Tuesday, February 11, 1992 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Office of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Pollard, Assistant City Attorney; Mr. Grisar, Consumer Affairs Administrator; Ms. Federico, Director of Historic Alexandria; Mr. Platky, Director of Management and Budget; Mr. Garrity, Coordinator of Grants Management; Fire Chief Beam; Mr. Schott, Director of General Services; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Brannan, Assistant City Manager; Ms. Marczak, Deputy Director of Management and Budget; and Sergeant Corle, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend Nancy E. Foil, Associate Pastor, Baptist Temple Church.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved (a) the Minutes of the Public Hearing Meeting of January 25, 1992, and (b) the Minutes of the Regular Meeting of January 28, 1992, as submitted. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated 2/5/92, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/11/92, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 5 - 13; 20 - 21 and 31
WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 11, 13, and 31 from the Consent Calendar.
5. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Commission on the Status of Women
Margaret Artley
(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5 (a); 2/11/92, and is incorporated herewith as part of this record by reference.)
6. Uncontested Appointments to Boards, Committees and Commissions:
(a) Alexandria Environmental Policy Commission
1 Student Member
(b) Alexandria George Washington Birthday Celebration Committee
1 Business Representative Nominated by the Alexandria Chamber of Commerce
(c) Alexandria Gypsy Moth Suppression Committee
1 Representative from the Alexandria Park and Recreation Commission
(d) Alexandria Human Rights Commission
1 Representative from the Alexandria Economic Opportunities Commission
(e) Alexandria Steering Committee on a Memorial for African American
Leaders
1 Citizen Member
(f) Alexandria Youth Services Commission
1 Parent Member
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a-f); 2/11/92, and is incorporated herewith as part of this record by reference.)
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7 Receipt of the Alexandria Sanitation Authority's Thirty-fourth Annual Report and the September 30, 1991, Financial Reports.
(A copy of the City Manager's memorandum dated 1/24/92, together with a copy of the reports, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7; 2/11/92, and is incorporated herewith as part of this record by reference.)
8. Consideration of Application to the Institute of Museum Services (IMS) for Funds for Environmental Improvements to the Storage Facilities at The Lyceum.
(A copy of the City Manager's memorandum dated 1/29/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/11/92, and is incorporated herewith as part of this record by reference.)
9. Consideration of Application to the Institute of Museum Services (IMS) for Funds to Implement Conservation Improvements to the Collections at Fort Ward Museum and Historic Site.
(A copy of the City Manager's memorandum dated 1/29/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/11/92, and is incorporated herewith as part of this record by reference.)
10. Consideration of a Reallocation of Monies for the Installation of a Flashing Traffic Signal at the Intersection of Dawes Avenue and East Campus Drive.
(A copy of the City Manager's memorandum dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/11/92, and is incorporated herewith as part of this record by reference.)
12. Consideration of an Allocation of Monies for the Replacement of Sewer Piping at the Motor Equipment Shop.
(A copy of the City Manager's memorandum dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/11/92, and is incorporated herewith as part of this record by reference.)
20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to require that special use permit conditions be displayed on the property that is subject to the permit.
(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 20; 2/11/92, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 2/11/92, and is incorporated herewith as part of this record by reference.)
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21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the zoning code's provisions relating to rooming houses to prohibit, effective June 30, 1992, any rooming house in the city without a special use permit. This prohibition shall extend to both existing and new rooming houses.
(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 21; 2/11/92, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 2/11/92, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 11, 13, and 31 which were considered under separate motions. The City Manager's recommendations are as follows:
5. City Council received the following resignation with regret: (a) Margaret Artley from the Alexandria Commission on the Status of Women; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.
6. City Council (a) appointed Thomas Brown as a Student Member to the Alexandria Environmental Policy Commission; (b) reappointed Anna McCaffery as a Business Representative Nominated by the Alexandria Chamber of Commerce to the Alexandria George Washington Birthday Celebration Committee; (c) appointed Frances Newhouse as a Representative from the Alexandria Park and Recreation Commission to the Alexandria Gypsy Moth Suppression Committee; (d) reappointed Mark Knight as a Representative from the Alexandria Economic Opportunities Commission to the Alexandria Human Rights Commission; (e) appointed Curtis Goffe as a Citizen Member to the Alexandria Steering Committee on a Memorial for African American Leaders; and (f) appointed Augusta Barbato as a Parent Member to the Alexandria Youth Services Commission.
7. City Council received the Alexandria Sanitation Authority's Annual and Financial Reports.
8. City Council authorized the City Manager to submit the grant application and to execute all necessary contracts and documents.
9. City Council authorized the City Manager to submit the grant application and to execute all necessary contracts and documents.
10. City Council reallocated $1,500 from Account 245324-2121 (Monroe Avenue Bridge) and allocated $1,500 from Account 235390-9349 (Traffic Control Facilities-Charges to Property) to Account 235390-2121(Traffic Control Facilities-Construction) to provide for the installation of a flashing traffic signal at the intersection of Dawes Avenue and East Campus Drive.
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12. City Council allocated $8,180 from Account 040006-9712 (Cash Capital) to Account 220905-2121 (Renovation of Existing City Facilities) to pay for the sewer pipe replacement.
20. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 22, 1992.
21. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, February 22, 1992.
END OF CONSENT CALENDAR
The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
11. Consideration of an Allocation of Monies for the Continuation of the City's Combined Sewers Overflows Study.
(A copy of the City Manager's memorandum dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/11/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Speck asked questions of Mr. O'Kane, Director of Transportation and Environmental Services. Members of City Council and the City Manager participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council allocated $191,052 from Account 040006-9712 (Cash Capital) and $42,900 from Account 040006-9157 (Sewer Charges) to Account 255109-2122 (Sewer Separation and Pollution Abatement). The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"
13. Consideration of a Change in the Date for the Annual Chili Cook-off.
(A copy of the City Manager's memorandum dated 1/30/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/11/92, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper asked questions of Mr. Kauffman, Director of Recreation, Parks and Cultural Activities. He will try to insure that the October 10 date is kept open.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved a change in the date for the annual Chili Cook-off from October 10, 1992, to October 3, 1992. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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31. Consideration of Donation of City Surplus Radio Equipment to the Alexandria Resident Council. (Vice Mayor Cleveland)
(A copy of the City Manager's memorandum dated 1/31/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 2/11/92, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Cleveland asked questions of Mr. Schott, Director of General Services, and Mr. Kochensparger, Chair, Public Safety Committee of the Alexandria Resident Council Advisory Board. Mayor Ticer also asked questions of Mr. Kochensparger.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously, City Council approved the donation of ten portable radio sets and ancillary equipment to the Alexandria Resident Council for use by the Council's citizen patrol teams. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
14. Consideration of Resolution on Alexandria Education 2000. (Vice Mayor Cleveland and Council Member Rich)
(Material pertaining to the above item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 14; 2/11/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. The Members of City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1578
WHEREAS, the President of the United States and the 50 Governors held a bipartisan summit in 1989 and adopted an education strategy called "America 2000" and, in 1990, established education goals for the nation; and
WHEREAS, the six national goals for education are as follows:
1) All children will start school ready to learn;
2) The high school graduation rate will increase to at least 90 percent;
3) Students will have demonstrated competency in English, math, science, history and geography, and will learn to use their minds well, so they will be prepared for responsible citizenship, further learning and productive employment;
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4) U. S. students will be first in the world in science and math achievement;
5) Every adult will be literate; and
6) Every school will be free of drugs and violence and will offer a disciplined environment for learning;
WHEREAS, States and local communities are encouraged to become "America 2000" communities and to participate in this national effort to improve education through goals, measurable progress toward those goals, and innovation in education; and
WHEREAS, it is recognized that the Alexandria School Board has the primary legal and administrative responsibility for education in this City; and
WHEREAS, it must also be recognized that education, in the broadest sense, is a concern and responsibility of the entire community, including the City government, businesses, community organizations, and all individuals who live and work here; and
WHEREAS, a large number of Alexandrians from a broad spectrum of the City have come together to form "Alexandria Education 2000," a grassroots effort to make Alexandria an "America 2000" community; and
WHEREAS, it is important that "Alexandria Education 2000" be commended for and encouraged in its efforts to focus the entire community on the needs of education;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby commends "Alexandria Education 2000" and encourages it to focus public attention on the national education goals and Alexandria's progress in reaching those goals; and
BE IT FURTHER RESOLVED that other local institutions, organizations, businesses and individuals in Alexandria are encouraged to support "Alexandria Education 2000" and to participate in its efforts.
15. Consideration of Issuing a Request for Proposals (RFP) to Review the Delivery of Services and Use of Personnel in City Public Works Programs. (Councilman Speck)
(A copy of Councilman Speck's memorandum dated 2/6/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/11/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck explained the reason for docketing this item.)
WHEREUPON, a motion was made by Councilman Speck to approve this item; which motion was seconded by Councilman Donley for purposes of discussion.
(There was considerable discussion of this item. A copy of the verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No.2 of Item No.15; 2/11/92, and is incorporated herewith as part of this record by reference.)
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THEREUPON, a substitute motion was made by Council Member Rich that we appoint a five-member task force to be appointed at the first legislative meeting in March; announce the fact that the applications are (being solicited for this task force) and that we will be accepting applications; that the staff come back with the appropriate charter or resolution or whatever it takes to define the tasks of this task force with a view toward a preliminary report the first week in April and the final report the first week in May; which motion died for lack of a second.
(There was further discussion of this item.)
WHEREUPON, City Council returned to the motion made by Councilman Speck and seconded by Councilman Donley to approve this item; which motion FAILED on a vote of 1-to-6. The voting was as follows:
Speck "aye" Cleveland "no"
Donley "no" Jackson "no"
Ticer "no" Pepper "no"
Rich "no"
THEREUPON, a motion was made by Councilman Donley, seconded by Councilman Jackson, that City Council appoint a two-member committee comprised of two members of Council to examine the notion of how a consultant/advisory study might be done of an appropriate City department; to develop a mission statement that is specific in nature that will describe the activities and goals of such a study and that that subcommittee report back to Council at the first legislative meeting in March.
WHEREUPON, Council Member Rich offered a substitute motion, seconded by Councilwoman Pepper, to appoint a five-member citizen task force to look, instead of T & ES, at Code Enforcement and to be appointed at the first legislative meeting in March; announced the fact that the applications are (being solicited for this task force) and that we will be accepting applications; that the staff come back with an appropriate charter or resolution or whatever it takes to define the tasks of this task force with a view toward a preliminary report the first week in April and a final report the first week in May.
(Further discussion. The City Attorney stated that the motion is also a motion to substitute, not a motion on the merits. It is simply a motion of whether to substitute that motion for Councilman Donley's motion.)
THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council moved to substitute Council Member Rich's motion for Councilman Donley's motion. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "no"
(The City Attorney stated that Council Member Rich's motion is on the table to be voted on its merits.)8
WHEREUPON, Council returned to Council Member Rich's substitute motion, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, to appoint a five-member citizen task force to look, instead of T & ES, at Code Enforcement and to be appointed at the first legislative meeting in March; announced the fact that the applications are (being solicited for this task force) and that we will be accepting applications; that the staff come back with an appropriate charter or resolution or whatever it takes to define the tasks of this task force with a view toward a preliminary report the first week in April and a final report the first week in May. The voting was as follows:
Rich "aye" Cleveland "no"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "no"
Note: The members of this task force will be citizen consultants such as management analysts from backgrounds in public sector employment, public sector management and/or managing consultants who will perform a management study. We would look to obtain some level of expertise in this area. They will be considered as at-large positions.
16. Consideration of Proposed City Comments on the State Corporation Commission's Proposed Changes to its Rules Governing Public Utility Rate Increase Applications.
(A copy of the City Manager's memorandum dated 2/5/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/11/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of City Council and the City Attorney participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council (1) reaffirmed its support of the position that public utility rate increases should not go into effect until the public has been afforded a meaningful opportunity to comment; (2) opposed the proposed rule changes and urged the SCC to adopt rules that do not permit rate increases to go into effect without a public hearing and no earlier than the existing statutory limit of 150 days, rather than the proposed 60-day effective date; and (3) authorized the City Manager to transmit the Council's position on the proposed rule changes to the SCC.
The staff recommendations are consistent with the historic positions of Council and the Consumer Affairs Commission.
The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck out of room
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17. Consideration of Proposed Amendments to the Regulations for the Farmers' Market.
(A copy of the City Manager's memorandum dated 2/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/11/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council (1) approved the amended Farmers' Market Regulation; and (2) authorized the City Manager to approve future minor amendments of rules and regulations affecting the Farmers' Market. The voting was as follows:
Jackson "aye" Ticer "aye"
Donley "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Speck out of room
New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilman Jackson and Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council convened an executive session, at the close of this meeting, for purposes of discussing matters that involve the privacy of individuals in personal matters not relating to public business pursuant to section 2.1-344(4) of the Code of Virginia, and consulting with and receiving a briefing from legal counsel pertaining to specific legal matters that require the provision of legal advice by counsel, pursuant to section 2.1-344(7) of the Code of Virginia. The voting was as follows:
Donley "aye" Ticer "aye"
Jackson "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Speck out of room
It was noted that Docket Item No. 18 would be considered after the Executive Session. See page 22 of these proceedings for action taken.
19. Consideration of Update Report from the City Attorney on Items before the 1992 Virginia General Assembly.
(A copy of the City Attorney's memorandum dated 2/10/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 2/11/92, and is incorporated herewith as part of this record by reference.)
(Mr. Pollard, Assistant City Attorney, gave an oral report on this item.
Councilman Donley requested that City Council have a work session with the ABC Board after the legislative session to discuss their concern about various ABC matters.)
It was the consensus of Council to support the Cranwell bill version of the bond referendum.
It was noted that Mr. Pollard, Assistant City Attorney, went through Chart II of the City Attorney's memorandum dated 2/10/92, which is Exhibit No. 1 of this item, and City Council took the following positions:
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WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council opposed SB 285. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Jackson out of room
Ticer "aye" Pepper "aye"
Speck "aye"
THEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council supported SB 307. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Jackson out of room
Ticer "aye" Pepper "aye"
Speck "aye"
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council supported HB 710. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Pepper "aye"
Speck "aye"
THEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, City Council supported HB 956. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson out of room
Pepper "aye" Rich "aye"
Speck "aye"
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council opposed SB 238. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council opposed SB 332. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council supported HB 922, with amendment. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
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THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council opposed HB 936. The-voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council supported HB 568. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council opposed HB 688. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council opposed SB 288. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council supported SB 353. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council supported SB 400. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
THEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council supported SB 470. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council opposed HB 1066. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
THEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council supported HB 1065. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council opposed SB 394. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
THEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Speck and carried on a vote of 6-to-0, City Council opposed SB 445 and HB 1044. The voting was as follows:
Cleveland "aye" Donley "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich out of room
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council supported HB 374. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson ''aye''
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council opposed SB 514. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
(Council Member Rich discussed various legislative proposals regarding limitations on the provision of welfare benefits. The City Attorney will report back.
Councilman Jackson stated that he is not always comfortable adopting a City position on such a short synopsis of complicated legislation. The City Attorney stated that we could focus on ten or twenty bills.)
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
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ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Council Member Rich suggested that in conjunction with Council's efforts to define ways to bring economies or efficiencies to City Government that we ask staff to come up with a proposal for employee incentives, incentive bonuses, modest though they might be, to encourage them to bring such suggestions to Council's attention.
The City Manager stated that the City had an employee suggestion program a few years ago. It was discontinued because there was really no attempt to make sure it dealt with productivity and most cost effective ways to provide government services. Staff wants to make sure how to quantify how the suggestion would result in a more productive way to carry out the services of the City or to effect cost savings and will come back with a report.
Councilman Donley agreed that this is a good proposal.
(b) Councilwoman Pepper requested a report concerning the odors at the Blue Plains Sewage Treatment Plant.
(c) Councilwoman Pepper thanked the members of the Ad Hoc Committee on Potomac Yard for its report and thanked them for a job well done. She also thanked the staff for all of its work.
(d) Councilman Speck expressed concern about the vendor boxes attached to trees and poles. He asked that the ones that are not being maintained if staff could remove them. Especially remove those in the unit to 500 block of King Street. Staff will look into it.
(e) Councilman Jackson stated that there will be a public hearing on March 17, 1992, on Metro fare increases at 7:30 p.m. at F.C. Hammond Jr. High School.
ORDINANCES AND RESOLUTIONS
22. Consideration of Request to Modify the Membership Requirement of the Budget and Fiscal Affairs Advisory Committee. (Mayor Ticer)
(A copy of the City Manager's memorandum dated 2/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 2/11/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mayor Ticer spoke to this item. Members of City Council and the City Attorney participated in the discussion of this item.)
WHEREUPON, a motion was made by Councilman Donley, seconded by Councilman Jackson, to direct the City Attorney to prepare the appropriate ordinance to allow the Chamber of Commerce representative to sit on the BFAAC Committee as he is also a member of the ARHA Board of Directors.
(Further Discussion. Members of City Council spoke to the motion.)
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THEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 6-to-1, City Council tabled this. The voting was as follows:
Rich "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Ticer "no" Jackson "aye"
Pepper "aye"
23. Consideration of Application and Resolution of Support to the Virginia Department of Transportation for Continued Funding for the City's Ridesharing Services Program.
(A copy of the City Manager's memorandum dated 1/31/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 2/11/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council approved the FY 93 grant application and adopted the resolution authorizing the submission of these documents to the Virginia Department of Transportation (VDOT) for continued funding and authorized the City Manager to execute all necessary documents. The voting was as follows:
Jackson "aye" Ticer "aye"
Donley "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1579
BE IT RESOLVED BY THE CITY COUNCIL that the City Manager is authorized, for and on behalf of the City of Alexandria, to execute and file an application to the Virginia Department of Transportation, Commonwealth of Virginia, for a grant of Transportation revenues in the amount of $67,500 for a fiscal year commencing July 1, 1992, for the continuation of a ridesharing program and to accept from the Virginia Department of Transportation grants in such amount as may be awarded, and to authorize the City Manager to furnish to the Virginia Department of Transportation such documents and other information as may be required for processing the grant request.
The City Council certifies that the funds shall be used in accordance with the requirements of the Acts of the General Assembly; that the City of Alexandria will provide matching funds as required in such act; that the record of receipts and expenditure of funds granted the City of Alexandria as authorized by the Acts of the General Assembly may be subject to audit by the Department of Transportation and by the State Auditor of Public Accounts; and that funds granted to the City of Alexandria for defraying the expenses of the ridesharing program of the City of Alexandria shall be used only for such purposes as authorized in the Acts of the General Assembly.
The undersigned duly qualified City Clerk of the City of Alexandria certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the City Council held on February 11, 1992.
ATTEST:
/s/Beverly I Jett, CMC City Clerk
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24. Consideration of Approval of a Grant Application and Resolution to the U.S. Department of the Interior for the Conveyance of 50.5 Acres of Land at Cameron Station to the City for Open Space and Recreational Purposes Under the Surplus Property Program PL-91-485.
(A copy of the City Manager's memorandum dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 2/11/92, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper made comments on this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council (1) adopted the resolution; (2) authorized the City Manager to submit the grant application and resolution supporting the conveyance of 50.5 acres of surplus property located at Cameron Station from the U.S. Department of the Interior to the City for open space and recreational uses; and (3) authorized the City Manager to execute all necessary contracts and documents. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1580
WHEREAS, certain real property owned by the United States, located in the City of Alexandria, State of Virginia, has been declared surplus and at the discretion of the General Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreation purposes, under the provisions of Section 203 (k)(2) of the Federal Property Administrative Services Act of 1949 (63 Stat. 387), as amended, and rules and regulations promulgated pursuant thereto, more particularly described:
1. Cameron Station, Alexandria, Virginia.
2. GSA Control Number (not available).
3. 50.5 acres.
WHEREAS, the City of Alexandria, Virginia, needs and will utilize said property in perpetuity for public park or recreation area as set forth in its application and in accordance with the requirements of said Act and rules and regulations promulgated thereunder;
NOW, THEREFORE, BE IT RESOLVED that the City of Alexandria, Virginia, shall make application to the Secretary of the Interior for and secure the transfer to it of the above mentioned property for said use upon and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the Secretary of the Interior, or his authorized representative may require in connection with the disposal of said property under said Act and the rules and regulations issued pursuant thereto;
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AND BE IT FURTHER RESOLVED that the City Manager has legal authority, is willing and is in a position to assume immediate care and maintenance of the property, and that Vola Lawson, City Manager, City of Alexandria, Virginia, be and she is hereby authorized, for and on behalf of the City of Alexandria, Virginia, to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making and filing of plans, applications, reports and other documents, the execution, acceptance, delivery and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payments of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation or instruments, or other costs identified with the Federal surplus property acquisition.
25. Consideration of Local Governing Body Approval of ARHA Issuance of Tax-Exempt Bonds to Finance the Acquisition and Rehabilitation of Pierce Queen Apartments in Arlington County, Virginia.
(A copy of the City Manager's memorandum dated 2/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 2/11/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution approving the issuance, by the Alexandria Redevelopment and Housing Authority (ARHA), of up to $1.3 million in tax-exempt bonds for the acquisition and rehabilitation of 50 low- and moderate-income multifamily rental units known as Pierce Queen Apartments in Arlington County, Virginia, by ACT-IV, Inc., a non-profit subsidiary of Wesley Housing Development Corporation (WHDC). The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1581
WHEREAS, the Alexandria Redevelopment and Housing Authority (the "Authority") has agreed to use its best efforts to assist ACT-IV, Inc., a Virginia non-profit corporation (the "Developer") in acquiring, renovating, rehabilitating and equipping 50 multi-family residential rental units located in Arlington County, Virginia (the "Pierce Queen Apartments") and, in particular, to undertake the issuance of its bonds in an approximate amount not to exceed $1,300,000 (the "Bonds") upon the terms and conditions to be mutually agreed upon between the Authority and the Developer, and to loan the proceeds of such Bonds (the "Loan") to the Developer pursuant to a loan agreement which will provide for the repayment of the Loan in amounts sufficient to pay the principal of, premium, if any, and the interest on the Bonds; and
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WHEREAS, Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code") , provides that both the governmental unit having jurisdiction over the issuer of bonds, such as the Bonds, and the governmental body in which any facility financed with the proceeds of such bonds is located shall approve the issuance of such bonds; and
WHEREAS, the Virginia Housing Authorities Law, Title 36, Chapter 1, Code of Virginia of 1950, as amended (the "Act") requires that under certain circumstances loans by the Authority be approved by the local governing body; and
WHEREAS, the Authority operates within the jurisdiction of the City of Alexandria, Virginia (the "City") and the City Council of the City (the "City Council") constitutes the highest elected governmental body of the City; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, has been filed with the City Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:
1. The City Council approves the issuance of the Bonds by the Authority for the benefit of the Developer to the extent required by Section 147(f) of the Code and the Act, to permit the Authority to assist in the financing of the Pierce Queen Apartments.
2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and the Act, does not constitute an endorsement to a prospective purchaser thereof of the creditworthiness of the Pierce Queen Apartments or the Developer, but, as required by Section 36-29 of the Act, the Bonds shall provide that the Bonds shall not be a debt of the Commonwealth or any political subdivision thereof (other than the Authority), including the City of Alexandria and Arlington County, Virginia, and neither the Commonwealth nor any political subdivision thereof (other than the Authority) including the City of Alexandria and Arlington County, Virginia, shall be liable thereon, nor in any event shall such Bonds be payable out of any funds or properties other than those of the Authority specifically pledged thereto.
The Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
3. This Resolution shall take effect immediately upon its adoption.
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OTHER
26. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated 2/7/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 2/11/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. The City Manager requested that City Council set a Bond Sale Meeting on March 4, 1992, at Noon in the Council Chamber.
Councilman Speck requested that there be separate votes on the Bond Sale and other Council schedule items. He did not participate in the vote setting the Special Meeting on March 4, 1992, and will not be attending the meeting because his firm has been selected as the lead manager for the underwriting.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried unanimously, City Council (1) scheduled a work session in the Council Workroom at 6:30 p.m. on Wednesday, February 26, on 1992 Virginia Assembly Legislative items; and (2) set a work session during the lunch break at the Saturday, February 22, public hearing meeting for a presentation of the Health Department's video on teen health issues and the Alexandria Adolescent Health Clinic. The voting was as follows:
Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried on a vote of 6-to-0-to-1, City Council set a Special Meeting at Noon in the Council Chamber on March 4, 1992, for the Bond Sale. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck abstained
The Mayor stated that it be noted that Councilman Speck did not vote.
CONTESTED APPOINTMENTS
27. Alexandria Archaeological Commission
1 Member Designated by the Alexandria Association
(The following person was recommended for appointment to the above Commission:)
NAME ENDORSED BY:
James Hardy* The Alexandria Association
(Residency Waiver Required)
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No.27; 2/11/92, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed James Hardy as a Member Designated by the Alexandria Association to the Alexandria Archaeological Commission. The voting was as follows:
Ticer - Hardy
Cleveland - Hardy
Donley - Hardy
Jackson - Hardy
Pepper - Hardy
Rich - Hardy
Speck - Hardy
28. Alexandria Commission on Disabled Persons
2 Citizen Members (One Must Have a Disability)
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Margaret Carpenter*
Kristin daCosta*
Patricia Gonzalez
Katherine Shirey
James Wilder*
Sheila Wilson
*Has Identified A Disability
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 2/11/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Margaret Carpenter (Identified a Disability) and Sheila Wilson as Citizen Members (one must have a disability) to the Alexandria Commission on Disabled Persons. The voting was as follows:
Ticer - Carpenter, Wilson
Cleveland - Carpenter, Wilder
Donley - Carpenter, Wilson
Jackson - Carpenter, Wilson
Pepper - Carpenter, Wilson
Rich - Carpenter, Wilson
Speck - daCosta, Shirey
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29. Alexandria Emergency Medical Services Council
1 Member Nominated by the Alexandria Chapter of the American Red Cross
(The following person was recommended for appointment to the above Council:)
NAME ENDORSED BY:
Ruth Marler* Alexandria Chapter of the American Red Cross
(Residency Waiver Required)
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 29; 2/11/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Ruth Marler as a Member Nominated by the Alexandria Chapter of the American Red Cross. The voting was as follows:
Ticer - Marler
Cleveland - Marler
Donley - Marler
Jackson - Marler
Pepper - Marler
Rich - Marler
Speck - Marler
30. Alexandria George Washington Birthday Celebration Committee
1 Citizen Member
(The following persons volunteered for appointment to the above Committee:)
NAME ENDORSED BY:
Darlene Johnson*
Bonnie Newell
Dominick Wasielewski
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 30; 2/11/92, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Darlene Johnson as a Citizen Member to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:
Ticer - Johnson
Cleveland - Johnson
Donley - Johnson
Jackson - Johnson
Pepper - Johnson
Rich - Johnson
Speck - Johnson
Whereupon, at 11:10 p.m., City Council recessed its meeting for the Executive Session set earlier.
WHEREUPON, upon motion by Councilman Jackson, seconded by Council Member Rich and carried unanimously, at 11:20 p.m., City Council reconvened its meeting of this date which was recessed for purpose of conducting an executive session. The voting was as follows:
Jackson "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
18. Consideration of the Requests of City Employees for the Reimbursement of Legal Fees Pursuant to Virginia Code § 15.1-19.2.
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Speck and carried unanimously, City Council authorized a payment of $4,319.77 on behalf of John P. Keller and a payment of $2,048.50 on behalf of Mohamed Nasr, subject to final review of each itemized chart by the City Attorney, as reimbursement of legal fees and expenses incurred in connection with their defense of criminal charges arising from the performance of their official City duties. The voting was as follows:
Jackson "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
New Business Item No. 2: WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted a resolution pertaining to the Executive Session. The voting was as follows:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
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RESOLUTION NO. 1582
WHEREAS, the Alexandria City Council has this 11th day of February 1992, adjourned into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by 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 which were identified in the motion by which the executive session was convened, and which 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 Councilman Jackson, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, at 11:22 p.m., the Regular Meeting of February 11, 1992, was adjourned. The voting was as follows:
Jackson "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Rich "aye"
Speck "aye"
APPROVED BY:
________________________________
PATRICIA S. TICER MAYOR
ATTEST:
___________________________
Beverly I. Jett, CMC City Clerk
Work Session
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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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 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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