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Regular Meeting
Tuesday, March 28, 1995 - - 7:30 pm

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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; Ms. Evans, Assistant City Manager; Mr. Sunderland, City Attorney; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Services; Mr. Cyphers, Director of Human Services; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Lynn, Director of Planning and Zoning; Police Chief Samarra; Fire Chief Hawkins; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Steele, Deputy City Manager; Mr. Brannan, Assistant City Manager; Ms. Hansen, Deputy Director of Housing; Mr. David, Housing Program Coordinator; Ms. Schmitt, Accounting Division Chief; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Powers, Director of Division of Community Services; State Delegate Cohen; and Lieutenant Crawford, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.

City Council held a reception for State Delegate Bernard Cohen at 6:30 p.m. in the Council Workroom.

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 Sara Manner, Pastor, Beverley Hills Community United Methodist Church.


3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes for (a) the Regular Meeting of March 14, 1995, as submitted. The voting was as follows:


Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"



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4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council received the report of the City Clerk dated March 20, 1995, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/28/95, and is incorporated herewith as part of this record by reference. The voting was as follows:

Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

5. Presentation of a Proclamation Honoring the T. C. Williams Varsity Basketball Team. (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. 5; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland seconded by Councilwoman Pepper and carried unanimously, city council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

6. Presentation of Proclamation Proclaiming April 1995 as Sudden Infant Death Syndrome Awareness Month in Alexandria. (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. 6; 3/28/95, and is incorporated herewith as part of this record by reference.)

(Councilwoman Pepper presented the proclamation.)

WHEREUPON, upon motion by Councilman Cleveland, seconded simultaneously by Council Member Walker and Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Ticer "aye"
Walker "aye" Donley "aye"
Pepper "aye" Euille "aye"
Rich "aye"

7. Presentation of Proclamation Designating the Week of April 23 through April 30, 1995, as Days of Remembrance of the Victims of the Holocaust.

(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; 3/28/95, and is incorporated herewith as part of this record by reference.)

(Mayor Ticer presented the proclamation.)





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WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

8. Presentation of Proclamation Honoring Delegate Bernard S. Cohen for His Many Years of Service to the City and Citizens of Alexandria. (Vice Mayor Donley and Council Member Walker)

(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. 8; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Euille "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (9 - 14)
WITHOUT OBJECTION, City Council removed Docket Item No. 13 from the Consent Calendar and considered it under separate motion.

9. Receipt of the Followin Resignation from members of Boards, Commissions and Committees:

(a) Alexandria Planning Commission
(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. 9 (a); 3/28/95, and is incorporated herewith as part of this record by reference.)


(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. 10 (a-e); 3/28/95, and is incorporated herewith as part of this record by reference.)

11. Consideration of Application to the Virginia Commission for the Arts for a Local Government Challenge Grant for the Department of Recreation, Parks and Cultural Activities

(A copy of the City Manager's memorandum dated March 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/28/95, and is incorporated herewith as part of this record by reference.)

12. Consideration of Application to the Virginia Department of Social Services for Funds for the Continuation of the Community Services Block Grant Program for Fiscal Year 1996.

(A copy of the City Manager's memorandum dated March 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/28/95, and is incorporated herewith as part of this record by reference.)

14. Consideration of Proposed Testimony for 1995 Virginia Department of Transportation Preallocation Hearing.

(A copy of the City Manager's memorandum dated March 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Euille and Council Member Walker and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Item No. 13 which was considered under separate motion. The City Manager's recommendations are as follows:

9. City Council received the resignation of April L. Burke from the Alexandria Planning Commission with regret; requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.

10. City Council (a) reappointed Peter Comey as a Representative from the Alexandria Redevelopment and Housing Authority Board of Commissioners to the Alexandria Affordable Housing Advisory Committee; (b) appointed Lea Fowlie as a Member from the Friends of Alexandria Archaeology to the Alexandria Archaeology Commission; (c) appointed Barbara Brecher and Rosemarie Wojcik as Members Representing Arts Education or Business Expertise Relative to Arts and Cultural Development to the Alexandria Commission for the Arts; (d) appointed Henry Brooks as a Member from the Alexandria School Board to the Alexandria Sister Cities Committee; and (e) reappointed Thomas Johnson, Gerald Tamanini, Converse West and James Yancey as Members of the Traffic and Parking Board to the Alexandria Transportation Safety Commission.

11. City Council authorized the City Manager to: (1) submit a grant application in the amount of $5,000 to the Virginia Commission for the Arts' Local Government Challenge grant program; and (2) execute all necessary documents that may be required.

The Alexandria Commission for the Arts has prepared the application and fully endorses its submission.



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12. City Council authorized the City Manager to (1) submit a grant application for federal and State Community Services Block Grant continuation funding, in the amount of $174,492, to the Virginia Department of Social Services; (2) approved the continuation of the four grant-funded positions covered by the Community Services Block Grant. Grant-funded positions terminate upon expiration of the grant and the individuals filling these positions will be notified of this condition of employment; and (3) execute all necessary documents that may be required.

The FY 1996 Community Services Block Grant proposal was reviewed and recommended for submission to City Council for approval by the Economic Opportunities Commission at its meeting of March 15, 1995.

14. City Council (1) approved the projects listed in the memorandum for presentation by staff at the Virginia Department of Transportation Preallocation Hearing for the Northern Virginia District; and (2) authorized staff to transmit the City's list of priorities to the Virginia Department of Transportation.

The voting was as follows:

Pepper "aye" Ticer "aye"
Euille "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Rich "aye"

13. Receipt of the Monthly Financial Report for the Period Ending February 28, 1995.

(A copy of the City Manager's memorandum dated March 21, 1995, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 13; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, City Council received the Financial Report for the period ending February 28, 1995. The voting was as follows:

Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

15. Consideration of Installation of a Fence at Jefferson-Houston School. (Councilman Euille)

(A copy of the City Manager's memorandum dated March 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/28/95, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried unanimously, City Council approved the transfer of $5,000 from contingent reserves (account 103356-2707) to the Department of Transportation and Environmental Services, for the installation of a security fence at the Jefferson-Houston Elementary School. The voting was as follows:

Euille "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

16. Consideration of a Request to Change the Location and Race Route for the Run for Shelter Race Which is Scheduled for September 23, 1995.

(A copy of the City Manager's memorandum dated March 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/28/95, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 16; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council referred this back to the staff for reconsideration of either an alternative route that potentially avoids the Russell Road/King Street intersection, and also for discussions with the organizers about maybe moving the race to Sunday where we can mitigate a lot of the adverse impacts that we would normally experience on Saturday which is a very busy day. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

17. Consideration of Application to the U.S. Department of Justice for the COPS MORE Program for the Alexandria Police Department.

(A copy of the City Manager's memorandum dated March 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland seconded by Councilwoman Pepper and carried unanimously, City Council (1) authorized the City Manager to submit a grant application for the COPS MORE program; and (2) approved the use of $87,263 from the Police Department's federal seized asset account to provide the required local match to the federal share of $261,787. There are no additional positions associated with this grant. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"


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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper noted that this is the 12th year that Alexandria has been named the "Tree City USA".

(b) Councilwoman Pepper pointed out that this past Sunday the Shiloh Baptist Church celebrated its 130th Anniversary.

(c) Councilman Cleveland announced that on Tuesday, April 4, from 11:00 a.m. to 4:00 p.m. at the Washington Convention Center, 900 Ninth Street, N.W., Washington, D.C., there will be a minority business conference sponsored by the Council of Governments. Those interested in minority businesses should attend.

(d) Vice Mayor Donley reminded everyone that Christmas in April participation by Council will be the same day as the City's Homeownership Fair which is April 29. There will be a basketball game between the Police and Fire Departments, including Councilman Euille and himself participating, at T.C. Williams High School on April 13 at 7:30 p.m. Tickets are $4. He encouraged everybody to come. Bryan Watson from Armand's Pizzaria has agreed to donate pizza not only for the players but for the fans as well.

(e) Vice Mayor Donley announced that the City Manager and he attended a dinner that was held as part of a conference at the Radisson Hotel on March 25, 1995. This was the annual meeting of the Commission for the Accreditation of Law Enforcement Agencies which had approximately 700 attendees. Our Police Department is accredited by this agency. This year, the Sheriff's office was reaccredited as a "Triple Crown Winner." They are accredited not only in law enforcement, but also corrections and health care. He congratulated the Police Department and Sheriff's Office for doing an excellent job in hosting this event.

He requested that Council express its appreciation and gratitude to the Sheriff's Office for being reaccredited as a "Triple Crown Winner." The City Clerk was requested to send a letter on Council's behalf expressing its appreciation and congratulations on their achievement. It is a high standard of excellence that we have come to expect from our Police Department and Sheriff's Office and are grateful for their hard work for not only their day-to-day jobs, but also for the extra steps that they take to meet the high standards. Job well done to Sheriff Dunning and his staff.

(f) Councilman Euille spoke to the recent shooting incident in the City involving a citizen and police officer. He stated that there has been outrage and concern with regard to the excessiveness of the number of times the victim was shot. He indicated that he wanted to assure the public that the City has a thorough investigative process that is under way. He personally has talked with the Police Chief and he stated that he feels very confident that the investigation will be above board and all facts and evidence will be presented. Once that investigation is concluded, then the public, at the proper time, will be presented with the facts. But at this time, he wanted to allay any fears and concerns that people may have that this issue may be closed and we won't know the facts and that perhaps will err on a side or decision that will be either unfavorable or perhaps not respected by the citizenry. He stated that he has expressed his concerns to the City Manager as many have done. He indicated that he feels comfortable with the process as the investigation is being handled both by the Police Department and the Commonwealth's Attorney's Office. The citizens will benefit from the facts after the investigation has concluded.
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(g) Mayor Ticer announced that on April 7 at 3:30 p.m., she will be scooping ice cream at Ben and Jerry's. She invited everyone to come down for a free scoop of ice cream on the afternoon of April 7. She noted that Ben and Jerry's has been very good about participating in the community providing ice cream for various events throughout the City.

(h) Mayor Ticer spoke about a communication received from the Virginia Municipal League concerning the Governor's proposal to return lottery proceeds to localities.

Office of Management and Budget Director Godwin participated in the discussion of this issue and responded to questions. OMB will provide Council with a memorandum outlining the impact of cuts. This will be included in the discussion on the April 4 budget work session agenda.

(A copy of the communication dated March 28, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (h); 3/28/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

18. Consideration of Application and Resolution to the Virginia Department of Rail and Public Transportation for Funds for the Paratransit Automated Reservation and Information System Project. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council (1) adopted the resolution that endorses a grant application to the Virginia Department of Rail and Public Transportation for funding, in the amount of $25,000, for the development of an automated reservation system for the City's DOT Paratransit service; and (2) authorized the City Manager to execute all necessary documents that may be required. The voting was as follows:

Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1731
WHEREAS, the City of Alexandria complies with the Americans With Disabilities Act by operating the DOT paratransit service for persons with disabilities who are unable to access the fixed-route transit network; and

WHEREAS, the City of Alexandria has created the Paratransit Automated Reservation and Information System project to improve the efficiency of trip reservations to adequately manage the increasing demand for DOT paratransit service; and

WHEREAS, the Commonwealth of Virginia, Department of Rail and Public Transportation, hereafter referred to as THE DEPARTMENT, administers the Demonstration/Experimental Program to provide financial support to such projects;


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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA: that the City Council supports the Paratransit Automated Reservation and Information System project and hereby authorizes the City Manager, for and on behalf of the City of Alexandria, to execute an agreement with THE DEPARTMENT, for a grant of financial assistance in the amount of $25,000 to defray the costs borne by the City of Alexandria for the Demonstration/Experimental Program project, and to accept from THE DEPARTMENT grants in such amount as may be awarded, and to authorize the City Manager to furnish to THE DEPARTMENT such documents and other information as may be required for processing the grant receipt.

BE IT FURTHER RESOLVED, that the City Council certifies that the funds shall be used in accordance with the requirements of Section 58.1-2425.E of the Code of Virginia, that the City of Alexandria will provide matching funds as required in such Act, that the records of receipts of expenditures of funds granted the City of Alexandria may be subject to audit by THE DEPARTMENT and by the State Auditor of Public Accounts, and that funds granted to the City of Alexandria for defraying the expenses of the DOT Paratransit Automated Reservation and Information System Project shall be used only for such purposes as authorized in the Code of Virginia.

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 the 28th day of March, 1995.



ATTEST:

/s/Beverly I. Jett, CMC City Clerk



19. Consideration of a Resolution for the Eisenhower Avenue Connector Interchange from the Capital Beltway (I-95) to Eisenhower Avenue. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/28/95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated March 25, 1995, from Mr. Dwyer, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution from the Virginia Department of Transportation that approves of the design plans with modifications, and endorses the acquisition of the rights-of-way for the proposed construction of the Eisenhower Avenue Connector Interchange. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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The resolution reads as follows:

RESOLUTION NO. 1732
EISENHOWER AVENUE CONNECTOR INTERCHANGE
CAPITAL BELTWAY (I-95) TO EISENHOWER AVENUE
LOCATION AND DESIGN PUBLIC HEARING APPROVAL

WHEREAS, a Location and Design Public Hearing was conducted on February 27, 1995, in the City of Alexandria by representatives of the Commonwealth of Virginia, Department of Transportation, after due and proper notice for the purpose of considering the proposed location and design of The Eisenhower Avenue Connector Interchange (formerly called the Clermont Avenue Interchange) at the Capital Beltway (I-95), Project 0095-029-Fl8, PE-101, RW-201, C-501. Federal Project: IM-095-2 and Projects UOOO-100-VO9, PE-101, RW-201 and UOOO-100-109, C-501 in the City of Alexandria, at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; and

WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and

WHEREAS, the representatives of the Commonwealth of Virginia, Department of Transportation, did receive and review the comments and concerns expressed by the public that attended the Public Hearing and will evaluate incorporating such comments into the final design of the project; and

WHEREAS, representatives of the City of Alexandria were present and participated in said hearing; and

WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and

NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby approves the major design features of the proposed project as presented at the Public Hearing; and

BE IT FURTHER RESOLVED that the City of Alexandria requests the Virginia Department of Transportation to acquire all rights-of-way necessary for this project conveying said rights-of-way that lie within the City boundaries to the City and all others to the proper jurisdiction at the appropriate time; and

BE IT FURTHER RESOLVED that the Mayor of the City of Alexandria is hereby authorized to execute, on behalf of the City of Alexandria all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way.

20. Consideration of the City's Submission of a Program Application and Resolution for Participation in the HomeSTART Program. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/28/95, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council (1) approved by roll call vote a resolution authorizing the City to become a Certified Local Administrator of the Virginia Department of Housing and Community Development's HomeSTART Program; and (2) authorized the City Manager to execute all necessary documents. The voting was as follows:

Donley "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1733
WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development, has requested applications for participation in the HomeSTART Program; and

WHEREAS, assistance is needed to address the affordability of home purchase by lower-income first-time homebuyers in Alexandria; and

WHEREAS, an application for participation in this program has been prepared; and

WHEREAS, the City of Alexandria agrees to administer the HomeSTART Program in conformance with the State's regulations and guidelines and all applicable Federal requirements; and

WHEREAS, City Manger 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 HomeSTART 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 Resolution Pertaining to Welfare Devolution. (Council Member Rich) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution. The voting was as follows:

Rich "aye" Cleveland out of room
Donley "aye" Euille out of room
Ticer "aye" Pepper "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1734
WHEREAS, many states in the nation are initiating significant welfare reform efforts, and requesting and receiving waivers from existing federal rules and regulations, in order to experiment with new bold approaches and requirements; and


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WHEREAS, one of the results of this "devolution" of welfare to the states could be a competitive process to see which state can cut public assistance benefits furthest and fastest; and

WHEREAS, the poor people of our nation are not well served when there is a downward competition by the states to reduce benefits, which can force poor people to relocate in other states with higher benefits; and

WHEREAS, any such migration of poor people between states due to welfare reform will place increased burdens on those localities and states which have a history of and commitment to serving poor people; and

WHEREAS, true welfare reform should primarily involve initiatives which move welfare families toward jobs, improved family and social functioning and self-sufficiency, rather than having the immediate goal of saving money for the states; and

WHEREAS, there needs to be a "fair share floor," below which state welfare benefits may not go, to avoid a "downward bidding war," if in which one community provides less services than its neighbor so that poor people will move to that neighboring community to access those better services;

NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby recommends to the Congress and President of the United States that the federal government should require some regulatory uniformity and minimal public assistance benefit levels for all the states, in order to reduce the downward competition of welfare benefits by states which can result in poor people relocating to other states.

At this point, City Council considered Docket Item No. 23 out of order.

OTHER

(A copy of the City Manager's memorandum dated March 24, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion simultaneously made by Council Member Rich and Councilwoman Pepper and seconded by Council Member Walker and carried unanimously, City Council received the updated Council calendar which includes the following additions and changes since the March 14 Council meeting: Council vision setting work session set for Tuesday, April 11, in the Council Workroom will be held from 5:00 p.m. to 8:00 p.m.; Thursday, April 13, at 7:30 p.m. "Shoot the Hoops" Christmas in Alexandria Basketball Game/Fund Raiser will be held at T.C. Williams High School; City Homeownership Fair will be held on Saturday, April 29 from 9:30 a.m. to 1:00 p.m. at T.C. Williams High School; and Community Forum on City Council Vision Setting Program will be held on Tuesday, May 30, at 7:30 p.m. in Council Chambers. The voting was as follows:

Rich "aye" Ticer "aye"
Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Euille "aye"
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22. Consideration of Resolution Supporting the Passage of an Amendment to the U. S. Constitution Restoring to the States and Congress the Power to Enact Laws to Protect the Nation's Flag from Intentional Acts of Desecration. (Councilman Cleveland) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
RESOLUTION NO. 1735

WHEREAS, the United States flag is a hallowed and integral symbol of America, unique among our traditional national emblems; and

WHEREAS, as a reflection of our nation's heritage, the flag is the one national symbol that represents our country; and,

WHEREAS, the flag has served as our nation's banner during periods of peace, war and domestic turmoil; and

WHEREAS, the flag has persevered as a symbol of unity, justice and national resolve; and

WHEREAS, the flag represents, to a vast majority of Americans, the hope, freedom and values that we hold dear; and

WHEREAS, the flag deserves respect, care and protection from deliberate acts of desecration which strike at the heart of our national loyalty; and

WHEREAS, there exists a Citizens Flag Alliance, a non-partisan group of diverse American organizations and individuals dedicated to seeking adoption of a constitutional amendment;

NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council agrees to support the goal of passing an amendment to the United States Constitution, restoring to the states and to Congress the power to enact laws to protect the nation's flag from intentional acts of desecration; and

BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the City's congressional delegation, Senators John Warner and Charles Robb and Congressman James Moran, and a copy to the Citizens Flag Alliance of Virginia.

At this point, City Council considered Docket Item No. 26 out of order.







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CONTESTED APPOINTMENTS

(Material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 26; 3/28/95, and is incorporated herewith as part of this record by reference.

A copy of a 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. 26; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Council Member Rich, seconded by Councilwoman Pepper to defer a decision on Item No. 26.

WHEREUPON, City Council returned to the motion made by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 4-to-3, City Council deferred this item and requested that this item be readvertised. The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "no"
Ticer "aye" Euille "no"
Walker "no"

At this point, City Council considered Docket Item No. 30 out of order.







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

30. Consideration of Four Grant Applications by the Alexandria Community Services Board to the Following Agencies: (1) the U.S. Department of Housing and Urban Development (HUD) for Funds for the Continuum of Care Assistance for Homeless; (2) the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services for Funds for a Detention Center Based Transition Team; (3) the Virginia Department of Criminal Justice Services for Funds for Substance Abuse Education and Treatment Services for Adjudicated Juveniles and their Families; and (4) the Virginia Department of Housing and Community Development for Funds to Match the HUD Grant for the Alexandria Community Services Board, Department of Mental Health, Mental Retardation and Substance Abuse.

(A copy of the City Manager's memorandum dated March 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 3/28/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Vice Mayor Donley and seconded by Councilwoman Pepper that City Council (1) approve submission of grants as discussed in the memorandum to the U.S. Department of Housing and Urban Development, Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, Virginia Department of Housing and Community Development and the Virginia Department of Criminal Justice Services; and (2) decide to exceed its budget cap on the number of part-time and full-time City positions by 2.14 FTE part-time positions and 7 full-time positions. Persons in the grant-funded positions would be working with the Department of Mental Health, Mental Retardation and Substance Abuse to provide the services proposed under the grant proposals. These grant-funded positions would terminate upon the expiration of the grant and the individuals who are to fill the positions would be notified of this condition of employment.

THEREUPON, a motion was made by Council Member Rich, seconded by Councilman Cleveland to approve just the last two grants [listed in the discussion portion of the City Manager's memorandum] and not approve the two housing grants which motion FAILED on a vote of 2 "ayes" to 5 "nays". The voting was as follows:

Rich "aye" Donley "no"
Cleveland "aye" Euille "no"
Ticer "no" Pepper "no"
Walker "no"

WHEREUPON, Council returned to the original motion made by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council (1) approved submission of grants as discussed in the memorandum to the U.S. Department of Housing and Urban Development, Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, Virginia Department of Housing and Community Development and the Virginia Department of Criminal Justice Services; and (2) decided to exceed its budget cap on the number of part-time and full-time City positions by 2.14 FTE part-time positions and 7 full-time positions. Persons in the grant-funded positions would be working with the Department of Mental Health, Mental Retardation and Substance Abuse to provide the services proposed under the





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services proposed under the grant proposals. These grant-funded positions would terminate upon the expiration of the grant and the individuals who are to fill the positions would be notified of this condition of employment. The voting was as follows:

Donley "aye" Cleveland "no"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "no"
Walker "aye"

CONTESTED APPOINTMENTS (continued)

(The following persons volunteered for appointment to the above Committee:)

NAME ENDORSED BY:

1 Homeowner

Jeremy Flachs

Lillian Curley

1 Representative from the Financial Community

Amy Rose*

Margaret Whitesides

(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; 3/28/95, 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 Jeremy Flachs as a Homeowner Representative and reappointed Amy Rose as a Representative from the Financial Community to the Alexandria Affordable Housing Advisory Committee. The voting was as follows:

Ticer - Curley, Rose
Donley - Flachs, Rose
Cleveland - Flachs, Rose
Euille - Curley, Rose
Pepper - Flachs, Rose
Rich - Flachs, Rose
Walker - Curley, Rose







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Victoria Beam

Ann Liddle

(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; 3/28/95, 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 appointed Victoria Beam as a Member-at-Large to the Alexandria Commission for the Arts. The voting was as follows:

Ticer - Beam
Donley - Beam
Cleveland - Liddle
Euille - Beam
Pepper - Beam
Rich - Beam
Walker - Beam

(The following persons volunteered for appointment to the above Committee:)

Geralyn Chapple

Anna McCaffery

Thomas Shea

(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; 3/28/95, 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 appointed Thomas Shea as a Citizen Member to the Alexandria Sister Cities Committee. The voting was as follows:

Ticer - Shea
Donley - Shea
Cleveland - Shea
Euille - Shea
Pepper - Shea
Rich - Shea
Walker - Shea


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(The following persons volunteered for appointment to the above Committee:)

Edward Cabot

Joan Coyle

Charles Frazier

(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. 28; 3/28/95, 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 appointed Joan Coyle as a Citizen-at-Large to the USS Alexandria Liaison Committee. The voting was as follows:

Ticer - Coyle
Donley - Coyle
Cleveland - Coyle
Euille - Cabot
Pepper - Cabot
Rich - Coyle
Walker - Cabot

EXECUTIVE SESSION

29. Convening of an executive session for the purpose of consulting with legal counsel pertaining to pending litigation involving the City, pursuant to Virginia Code § 2.1-344(A)(7).

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 10:10 p.m., City Council convened an executive session for the purpose of:

The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"
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THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 10:55 p.m., City Council reconvened the Meeting. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1736
WHEREAS, the Alexandria City Council has this 28th day of March, 1995, 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;

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.

THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council settled the case RF&P Properties, Inc., v. the City of Alexandria, regarding the tax assessment at the land known as Potomac Greens as outlined in the Executive Session. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"







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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, at 10:57 p.m., the Regular Meeting of Tuesday, March 28, 1995, 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:

_____________________________
Beverly I. Jett, CMC, City Clerk







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This docket is subject to change.

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