Special Meeting
Wednesday, November 9, 1994 - - 7:30 pm
[In lieu of the Regular Meeting of November 8, 1994]
* * * * *
Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Boyd, Director of Citizen Assistance; Ms. Davis, Director of Housing; Mr. Gitajn, Director of Financial and Information Services; Mr. Cole, Director of Management and Information Services; Mrs. Godwin, Director of Management and Budget; Dr. Claiborn, Director of Mental Health, Mental Retardation, and Substance Abuse; Fire Chief Hawkins, Police Chief Samarra; Judge Rideout; Mr. McMahon, Deputy Director of General Services; Mr. LaMois, Chair, Community Services Board; Mr. Garrity, Intergovernmental Relations Coordinator; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
The Mayor and Members of Council attended the Alexandria Historical Society History Award Reception at 7:00 p.m. in the Cameron Street Lobby of City Hall.
(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the 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 except for Council Member Rich who arrived at 7:45 p.m.
The invocation was pronounced by Reverend Rosemari G. Sullivan, Director of The Church of Saint Clement's.
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3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded simultaneously by Vice Mayor Donley and Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the minutes for (a) the Public Hearing Meeting of October 15, 1994, and (b) the Regular Meeting of October 25, 1994, as submitted. The voting was as follows:
Cleveland "aye" Ticer "aye"
Donley "aye" Euille "aye"
Pepper "aye" Rich not yet arrived
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated November 2, 1994, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/9/94, and is incorporated herewith as part of this record by reference. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Euille "aye"
Pepper "aye" Rich not yet arrived
Walker "aye"
5. Presentation of Proclamation Recognizing the city Employees who Volunteered at the Boys' and Girls' Camp Get-Away Held at the Alexandria Police Youth Camp in August.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/9/94, and is incorporated herewith as part of this record by reference.)
At 7:45 p.m., Council Member Rich arrived during the discussion of this item.
(Mayor Ticer presented the proclamation.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"
At this point, City Council considered Docket Item No. 7.
7. Presentation of Proclamation Honoring Alexandria Lodge No. 48 I.B.P.O.E.O.W on the occasion of its 15th Thanksgiving Dinner for Alexandria Seniors on Saturday, November 12, 1994.
(Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/9/94, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper presented the proclamation.)
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WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
6. Presentation of the Alexandria Chamber of Commerce's Alexandria 2000 and Beyond Task Force Report. (Gant Redmon, Chairman)
(A copy of the Alexandria 2000 and Beyond Task Force Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of a partial 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. 6; 11/9/94, and is incorporated herewith as part of this record by reference.)
(Gant Redmon, Chairman of the Task Force, made comments on the report and gave a video presentation to the Members of city council.
Members of City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council received the report, and referred the report to the Budget Fiscal Affairs Advisory Committee (BFAAC) for its review and report back to Council hopefully by February 1995. The voting was as follows:
Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 8 - 12; 17 - 19
WITHOUT OBJECTION, City Council removed Docket Item No. 12 from the Consent Calendar.
8. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Commission for Women
Collette Caprara
(b) Alexandria Sister Cities Committee
(A copy of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8 (a-b); 11/9/94, and is incorporated herewith as part of this record by reference.)3
9. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Beautification Commission
1 Citizen Member
(b) Alexandria Commission on Aging
I Representative of a Health Care Provider
Organization
(c) Alexandria Community Policy and Management Team
1 Parent Representative
(d) Alexandria Consumer Affairs Commission
1 Citizen Member
(e) Alexandria Economic Opportunities Commission
1 Representative of Councilman William Cleveland
(f) Alexandria George Washington Birthday Celebration
1 Member Nominated by the Alexandria Federation of Civic Associations
(g) Alexandria Human Rights Commission
1 Representative From the Alexandria Commission on Aging
(h) Alexandria Youth Services Commission
1 Member From a Group Concerned With the
Development of Education Policy
1 Member of the Business Community
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9 (a-h) ; 11/9/94, and is incorporated herewith as part of this record by reference.)
10. Presentation of Viewers' Report regarding a Request for Vacation of the Public Street Cul-de-sac Right-of-Way of Valley Forge Drive at the 200 Block of South Pickett Street and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#23 10/15/94)
(A copy of the Viewers' Report dated October 28, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/9/94, and is incorporated herewith as part of this record by reference.)
11. Presentation of Viewers' Report regarding a Request for Vacation of the Public Right-of-way adjoining the Property Located at 4007 Mount Vernon Avenue and Authorization to the City Attorney to Prepare the Necessary Ordinance. (#28 10/15/94)
(A copy of the Viewers' Report dated October 27, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/9/94, and is incorporated herewith as part of this record by reference.)4
17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to change the name of the Alexandria-Leninakan Exchange Committee to the Alexandria-Gyumri Sister City Committee.
(A copy of the 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. 17; 11/9/94, 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. 17; 11/9/94, and is incorporated herewith as part of this record by reference.)
18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a portion of the public street right-of-way at 2000 Duke Street, in the City of Alexandria.
(A copy of the 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. 18; 11/9/94, 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. 18; 11/9/94, and is incorporated herewith as part of this record by reference.)
19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate a portion of the public street right-of-way at 2345, 2347 and 2365 Mill Road and Jamieson Avenue, in the City of Alexandria.
(A copy of the 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. 19; 11/9/94, 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. 19; 11/9/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion Council Member Rich, seconded by Councilman Donley and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 12 which was considered under separate motion. The City Manager's recommendations are as follows:
8. City Council received the following resignations with regret: (a) Collette Caprara from the Alexandria Commission for Women and (b) A. Dabney Oakley, Jr. from the Alexandria Sister cities committee.
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9 City Council (a) appointed Loralee Freilich as a Citizen Member to the Alexandria Beautification Commission; (b) reappointed Laurestine Gravely as a Representative of a Health Care Provider Organization to the Alexandria Commission on Aging; (c) appointed Juliet Choi as a Parent Representative to the Alexandria Community Policy and Management Team (ACPMT); (d) appointed Shannon Lane as a Citizen Member to the Alexandria Consumer Affairs Commission; (e) appointed Arthur Mosley as a Representative of Councilman William Cleveland to the Alexandria Economic Opportunities Commission; (f) reappointed Marianne Fowler as a Member Nominated by the Alexandria Federation of Civic Associations to the Alexandria George Washington Birthday Celebration Committee; (g) reappointed Justine Rowe as a Representative from the Alexandria Commission on Aging to the Alexandria Human Rights Commission; and (h) appointed Claire Eberwein as a Member from a Group Concerned with the Development of Education Policy and reappointed K. Robert Krupicka as a Member of the Business Community to the Alexandria Youth Services Commission.
10. City Council received the Viewers' Report and authorized the City Attorney to prepare the necessary ordinance.
11. City Council received the Viewers' Report and authorized the City Attorney to prepare the necessary ordinance.
17. City Council passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, November 12, 1994.
18. City Council passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, November 12, 1994.
19. City Council passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, November 12, 1994.
END OF CONSENT CALENDAR
The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
12. Consideration of Submission of a Letter of Intent to Participate in the COPS AHEAD Program that will be forwarded to the U.S. Department of Justice, Office of Community Oriented Policing Services, for the City to be Considered Eligible for Grant Funding under this Program.
(A copy of the City Manager's memorandum dated November 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/9/94, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper asked questions of Police Chief Samarra.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council authorized the City Manager to submit the Letter of Intent, which will place Alexandria in consideration for a "COPS AHEAD" grant. The deadline for submission of the Letter of Intent is November 10, 1994. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
13. Consideration of Promotion of Homeownership as a City Policy. (Vice Mayor Donley and Councilman Euille)
(A copy of Vice Mayor Donley and Councilman Euille's memorandum dated October 20, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of the verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 11/9/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Euille and Vice Mayor Donley explained this item.
Members of City Council and the City Manager participated in the discussion.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council (a) endorsed the concept of a homeownership fair directed at City residents; (b) endorsed a charter amendment to expand eligibility under the City's Homeownership Assistance Program (HAP); and (c) authorized staff revisions of the provisions of the City's Homeownership Assistance Program which might improve its effectiveness. The voting was as follows:
Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
14. Consideration of Proposal on the Alexandria City Council Visioning Process. (Council Member Rich)
(A copy of Council Member Rich's memorandum dated October 30, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of Mayor Ticer's memorandum dated November 18, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of a verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 11/9/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Council Member Rich and Mayor Ticer spoke to this item.
Members of City Council and the City Manager participated in the discussion of this item.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council referred this issue to the City Manager and requested the City Manager to come to Council at one of its meetings in December with a recommendation. The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
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15. Consideration of Acceptance of a Federal Grant Award to the Alexandria Community services Board, with the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services as the Lead Agency, from the Center for Mental Health Services, a Component of the U.S. Public Health Service.
(A copy of the City Manager's memorandum dated November 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of Dr. Claiborn's memorandum dated November 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of Dr. Claiborn's memorandum dated November 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 11/9/94, and is incorporated herewith as part of this record by reference.
A copy of a partial verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 15; 11/9/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. There was considerable discussion on this item by the Members of City Council, Mr. Lamois, Chairman of the Community Services Board, and City Manager Lawson.
City Manager Lawson stated for the record that future grants such as this will come before the City Council in order to work some of these issues out by the time they come forward. She indicated that the Community Services Board ought to follow the same process as all of the boards, commissions, departments, agencies and offices throughout the City which is to bring their grants to the City Council before they apply for them.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council (1) accepted the federal grant totaling $1,000,000 for the first grant year, from October 1, 1994 through September 30, 1995. The five-year grant project will end on September 30, 1999. The grant award is $1,000,000 for the first year and $8,636,761 for the five years ending September 30, 1999. Including local matching funds, the grant could total as much as $15.1 million over the next five years. The Alexandria Community Services Board has agreed to obtain the required match from Alexandria Community Policy and Management Team funds and in-kind services, and will not request additional City funds for the grant-required match, which ranges from 25 percent to 75 percent over the life of the grant; (2) decided to exceed its budget cap on the number of full-time and part-time City positions by 37.7 full-time equivalent positions as described in Table I, page 7 of the City Manager's memorandum. Persons in the grant-funded positions would be working in the Department of Mental Health, Mental Retardation and Substance Abuse to provide the services stipulated in the grant application, and they would be terminated upon the expiration of the grant. All persons who fill these positions will be notified of this condition of employment; (3) agreed that the grant staff will work closely with the school system as the primary referral source in order to identify children with behavioral problems and serious emotional disturbance. Grant staff will establish liaisons with each school and coordinate services with the school staff to address children with seriously disruptive behavior. School staff, with assistance of grant-funded staff, will work to ensure the proper placement of children in an appropriate setting so as not to disrupt the learning environment of other children; and (4) agreed that the project will
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develop an effective tracking system which will provide information on the results of the treatments offered, including information on school performance, criminal justice involvement, use of residential placements and other human services. Grant staff will participate in the nationwide evaluation project coordinated by the Federal government which will study the longitudinal effects for the project interventions. The tracking system will be usable by the Alexandria Community Policy and Management Team after the grant term is ended. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "no"
Walker "aye"
16. Receipt of the City of Alexandria's Proposed Legislative Package for the 1995 Session of the Virginia General Assembly, and Setting a Public Hearing on the Proposed Package for November 22, 1994, and a Public Hearing on the Proposed City Charter Bill on December 17, 1994. (#16 10/25/94)
(A copy of the joint memorandum dated November 4, 1994, from the City Attorney and the City Manager is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/9/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Cleveland spoke to the proposed amendment regarding the heart/lung presumption for public safety employees.
The City Attorney explained the amendment.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) received the proposals for the City's 1995 legislative package; (2) set the proposed legislative package for public hearing and adoption on November 22, 1994; and (3) scheduled a public hearing on the proposed charter amendment bill for December 17, 1994. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Mayor Ticer spoke to a project that the Council of Governments has worked on once before. A Committee of Police Chiefs is trying once again to encourage the public to stop for red lights, as well as stop signs. She asked that people take the "I Stop for Red Lights" bumper stickers for their cars. She expressed that this is very important as it has gotten extremely dangerous. If nothing is done about it in terms of public safety to stop the rolling stops and actually being able to depend on people for stopping for lights, we are going to find us faced with a recommendation probably for no right turn on red.9
(b) Mayor Ticer spoke to her letter as Chair of the Northern Virginia Transportation Commission to the Governor explaining the reasons and past history of NVTC. As you know, the Governor's Strike Force has recommended the dissolution of both the Transportation Planning Board and NVTC because it was a Commission always looking for a mission.
(A copy of the Mayor Ticer's letter, together with a copy of NVTC's memorandum to the Northern Virginia Delegation to the General Assembly, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (b); 11/9/94, and is incorporated herewith as part of this record by reference.)
(c) Council Member Rich requested the City Attorney to explain the recent Supreme Court decision in Geller v. Board of Zoning Appeals.
(A copy of the City Attorney's memorandum dated November 7, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (c); 11/9/94, and is incorporated herewith as part of this record by reference.)
(d) Councilman Cleveland expressed concerns about the building at Jones Point becoming surplus and stated that time is running out.
Mr. Lynn, Director of Planning and Zoning, indicated that the City was misinformed that the building at Jones Point was declared surplus. Once it is declared surplus, the first offer on the building goes to the Federal agencies.
Mr. Lynn further stated that Jones Point was given by the Army to the Department of the Interior Park Service. City Manager Lawson and Mayor Ticer also participated in the discussion.
The City Manager indicated that she would provide Councilman Cleveland with a copy of the memorandum that had gone to the Members of City Council. She indicated that the City will also try to see if they can get the Park Service to put something in writing with regard to their intentions.
(e) The City Manager announced that she received a very short but very generous letter earlier this evening from Councilman Euille. The letter stated that through his Foundation for Hope and Diversity, he is pledging $4000 to support Alexandria's Summer Youth Employment Program for 1995.
The Members of Council expressed their appreciation.
ORDINANCES AND RESOLUTIONS (continued)
20. Consideration of a Resolution Regarding the City's Submission of a Program Application for Participation in the Virginia Housing Partnership Fund's Urban Rehabilitation Program. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 31, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/9/94, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council (1) adopted, by a roll-call vote, a resolution authorizing the City to receive $75,000 for the period January 1995 through June 1996 to fund rehabilitation loans through the City's Home Rehabilitation Loan Program, and to participate in the Virginia Housing Partnership Fund's Urban Rehabilitation Program; and (2) authorized the City Manager to execute all necessary documents. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"
The resolution reads as follows:RESOLUTION NO. 1712
WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has requested applications for participation in the Urban Rehabilitation Program; and
WHEREAS, assistance is needed to address the rehabilitation of substandard homes of low-income homeowners living in the Potomac East and Potomac West Neighborhood Strategy Areas, and the Strawberry Hill neighborhood; and
WHEREAS, an application for participation in this program has been prepared; and
WHEREAS, the City of Alexandria agrees to administer the Urban Rehabilitation Program in conformance with the State's regulations and guidelines and all applicable Federal requirements; and
WHEREAS, City Manager Vola Lawson can act on behalf of the City of Alexandria, and will sign all necessary documents required to complete the proposal process;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of Alexandria, Virginia hereby authorizes City Manager Vola Lawson to apply for and accept participation in the Urban Rehabilitation Program and enter into an Agreement with the Virginia Department of Housing and Community Development and undertake any and all actions and responsibilities in relation to such Agreement.
21. Consideration of a Resolution Requesting Additional Information from Jones Intercable of Alexandria, Inc. regarding its August 15 Rate Filing with the City. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated November 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/9/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution which directs Jones to submit additional information that is needed to bring its rate filing into compliance with the City Code and applicable Federal Communications Commission (FCC) rules and stops the City's 150-day review period until Jones submits the required material to the City. The voting was as follows:
Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich out of room
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The resolution reads as follows:
WHEREAS, the City of Alexandria informed Jones Intercable of Alexandria, Inc. (Jones) on May 14, 1994, pursuant to Section 9-3-208(a)(1) of the Alexandria City Code that Jones' basic service and equipment rates and charges were subject to regulation; and
WHEREAS, the City Council has received and preliminarily reviewed Jones' rate filing submitted pursuant to Section 9-3-201 et seq. of the Alexandria City Code, in which Jones seeks the City of Alexandria approval of the rates it is currently charging its Alexandria subscribers for basic cable television service and related equipment; and
WHEREAS, on September 13, 1994, pursuant to Section 9-3-208 of the Alexandria City Code and 47 C.F.R. Section 76.933, the City Council issued an order tolling the City's review; and
WHEREAS, pursuant to such review, the City has concluded that Jones' rate filing is facially incomplete, for at least the following reasons: the rate filing provides information based on only a seven-month period ending May 31,1993, rather than on Jones' most recent fiscal year, as required by 47 C.F.R. Section 76.922(g)(2); and it fails to include FCC Form 393, as required by Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, MM Docket 92-266, Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC Rcd 4119 at paragraph 146 (released March 30, 1994); and
WHEREAS, the City finds that it needs additional information to review Jones' rates for basic service and equipment;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA
1 . That Jones is directed to file with the City, as soon as possible, but in no event later than November 22, 1994, all supplemental information necessary to complete its rate filing in accordance with applicable rules of the Federal Communication Commission and Section 9-3-210(e) of the City Code;
2. That the City's deadline to rule on the reasonableness of Jones' proposed rates shall be, and hereby is, tolled pending the receipt of such information, pursuant to 47 C.F.R. Section 76.937(e);
3. That this Resolution shall be the order referred to by 47 C.F.R. Section 76.937(e);
4. That the City Manager shall see that this Resolution is released to the public and to Jones, pursuant to Section 9-3-209(a) of the City Code; and
5. That this Resolution shall be effective upon its adoption.
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OTHER
(A copy of the City Manager's Memorandum dated November 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/9/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the Council schedule. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"
CONTESTED APPOINTMENTS
23. Alexandria Ad Hoc Task Force on Information and Communication Technologies
Representative(s) of an Institution of Higher
Education Located in Northern Virginia
3 Citizens-at-Large
(The following persons volunteered or were recommended for appointment to the above Task Force:)
Representative(s) of an Institution
of Higher Education Located in Northern
Virginia
Frederick Krimgold*
Christopher Sterling*
Roger F. Stough*
3 Citizens-at-Large
Douglas Anderson
Chester Avery Commission on Persons with
Amy Begg
Barbara Bernstein
Michael Brown
Keith Carney
Maurice Gilliland
Carol Greenwood
Mark Higgins
David Keir
Jane King
Harry Mahon13
NAME (continued) ENDORSED BY: (continued)
Kendra Martin
John Mecklenburger
John Mennell*
Grace Sams
Patricia Shea
Joseph Smith, III
Robert Veeder
Thomas Walczykowski
*Residency waiver Required
(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. 23; 11/9/94, 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 waived the Residency Requirement of Frederick Krimgold, Christopher Sterling and Roger F. Stough and appointed them as Representatives of an Institution of Higher Education Located in Northern Virginia, and appointed Chester Avery, Michael Brown and Jane King as Citizens-at-Large to the Alexandria Ad Hoc Task Force on Information and Communication Technologies. The voting was as follows:
Ticer - Krimgold, Sterling, Stough, Avery, Brown, King
Donley - Krimgold, Sterling, Stough, Avery, Brown, King
Cleveland - Krimgold, Sterling, Stough, Avery, Mennell,Shea
Euille - Krimgold, Sterling, Stough, Avery, Brown, King
Pepper - Krimgold, Sterling, Stough, Avery, Carney, King
Rich - Krimgold, Sterling, Stough, Avery, Carney, King
Walker - Krimgold, Sterling, Stough, Brown, Carney, King
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24. Alexandria Commission on Aging
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Klara Guyton
Mark Locklear*
Catherine Nicholson*
Ralph Thompson* Edward Sheehy, Chair
Commission on Aging
George Zitnay
*Incumbent
(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. 24; 11/9/94, 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 reappointed Mark Locklear, Catherine Nicholson and Ralph Thompson as Citizen Members to the Alexandria Commission on Aging. The voting was as follows:
Ticer - Locklear, Nicholson, hompson
Donley - Locklear, Nicholson, Thompson
Cleveland - Locklear, Nicholson, Thompson
Euille - Guyton, Locklear, Thompson
Pepper - Locklear, Nicholson, Thompson
Rich - Locklear, Nicholson, Thompson
Walker - Locklear, Thompson, Zitnay
25. Alexandria Environmental Policy Commission
1 High School Student Member
(The following persons volunteered or recommended for appointment to the above Commission:)
Rob Dempsey Camilla Japec
Sean Kumar
(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. 25; 11/9/94, and is incorporated herewith as part of this record by reference.)15
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Rob Dempsey as a High School Student Member to the Alexandria Environmental Policy Commission. The voting was as follows:
Ticer - Dempsey
Donley - Dempsey
Cleveland - Dempsey
Euille - Dempsey
Pepper - Dempsey
Rich - Dempsey
Walker - Dempsey
26. Alexandria Library Board
(The following persons volunteered or were recommended for appointment to the above Board:)
NAME ENDORSED BY:
Ellen Klein
H. Anthony Lehv
Peter Muirhead* Library Board
Marjorie Posner
Mary Relic
(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. 26; 11/9/94, 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 reappointed Peter Muirhead as a Citizen Member to the Alexandria Library Board. The voting was as follows:
Ticer - Muirhead
Donley - Muirhead
Cleveland - Muirhead
Euille - Lehv
Pepper - Muirhead
Rich - Muirhead
Walker - Posner
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New Business Item No. 1: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, at 10:30 p.m., City Council convened an executive session for the purpose of: *consulting with legal counsel and receiving a briefing by staff members, consultants or attorneys, pertaining to actual litigation, and other specific legal matters requiring the provisions of legal advice by counsel, pursuant to Virginia Code § 2.1-344 (A) (7): Duggin v. City of Alexandria a case pending in the Circuit Court for the City of Alexandria, No. 931055 which involves the real estate tax assessment of the property at 4351, 4451 and 4551 Eisenhower Avenue for the tax years 1991 through 1993. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
New Business Item No. 2: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, at 11:05 p.m., City Council reconvened the meeting. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council authorized the City Attorney to settle the litigation captioned Duggin v. City of Alexandria on the basis of the terms and conditions discussed in executive session. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
New Business Item No. 3: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the executive session. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Walker "aye"
The resolution reads as follows:RESOLUTION NO. 1714
WHEREAS, the Alexandria City Council has this 9th day of November, 1994, recessed 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;
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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 DISCUSSION, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, at 11:07 p.m., the Special Meeting of Wednesday, November 9, 1994, was adjourned. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
APPROVED BY:
PATRICIA S. TICER MAYOR
ATTEST:
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Beverly I. Jett, CMC City Clerk
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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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