Regular Meeting
Tuesday, January 24, 1995 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: Councilman William C. Cleveland.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Boyd, Director of Citizen Assistance; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Brannan, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mrs. Godwin, Director of Management and Budget; Ms. Davis, Director of Housing; Ms. Schmitt, Division Chief of Accounting; Ms. Federico, Director of Office of Historic Alexandria; Mr. Schott, Director of General Services; Mr. McMahon, Deputy Director of General Services; Mr. O'Brien, Library Director; Mr. Alexander, Acting Executive Director of Alexandria Redevelopment and Housing Authority; Ms. Kidd, Budget Analyst, Office of Management and Budget; Fire Chief Hawkins; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
There was an opening reception for the City exhibit "In Service to Their Nation: African American Women", at 6:30 pm. in the Cameron Street Lobby of City Hall.
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 Councilman Cleveland.
The Invocation was pronounced by the Reverend William L. Evans, Interim Rector, Immanuel Church-on-the-Hill.
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3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Minutes of the Regular Meeting of January 10, 1995, as submitted. The voting was as follows:
Donley "aye" Cleveland absent
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council received the report of the City Clerk dated January 17, 1995, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/24/95, and is incorporated herewith as part of this record by reference. The voting was as follows:
Pepper "aye" Donley "aye"
Rich "aye" Cleveland absent
Ticer "aye" Euille "aye"
Walker "aye"
5. Presentation of Proclamation Recognizing the 50th Anniversary of the Establishment of the Campagna Center. (Mayor Ticer)
(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; 1/24/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)WITHOUT OBJECTION, the proclamation was unanimously endorsed by the Members of City Council who were present.
6. Receipt of Commemorative Proclamation and Gift Recognizing the 20th Anniversary of Sister City Relationship Between Alexandria, Virginia and Dundee, Scotland. (Mayor Ticer)
(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; 1/24/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer read the proclamation which will be placed in the Sister City Room in City Hall.
Linda Whitton explained the design of the gift which also will be placed in the Sister City Room in City Hall. She stated that Dundee also was presented with one during the 20th Anniversary celebration.
Mayor Ticer acknowledged that the gifts were personal contributions of the Whittons.
Former Mayor Beatley gave a report on his visit to Dundee, Scotland recognizing the 20th Anniversary of the Sister City relationship.)
WITHOUT OBJECTION, the commemorative proclamation and gift were unanimously received by the Members of City Council who were present.
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7. Presentation of Proclamation Proclaiming the Month of February 1995 as NATIONAL AFRO-AMERICAN HISTORY MONTH in the City of Alexandria.
(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; 1/24/95, and is incorporated herewith as part of this record by reference.)
(Councilman Euille presented the proclamation.)
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Rich and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Donley "aye"
Rich "aye" Cleveland absent
Ticer "aye" Pepper "aye"
Walker "aye"
8. Presentation of Proclamation Recognizing Charles B. Moore, Jr. for his Many Years of Service to the City of Alexandria. (Mayor Ticer)
(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; 1/24/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)
WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Cleveland absent
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR 9 - 13
WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 10 (c) and (e) and 13 from the Consent Calendar.
9. Receipt of the Following Resignations from members of Boards, Commissions and Committees:
(a) Alexandria Affordable Housing Advisory Committee
Susan P. Hyre
(b) Alexandria waterfront Committee
Anne F. Keith
(Copies of the resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9 (a-b); 1/24/95, and is incorporated herewith as part of this record by reference.)
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10. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Commission on Employment
1 Representative from an Institution
Mandated in the Job Training Partnership Act
(b) Alexandria Convention and Visitors Bureau Board of Directors
1 Member from the Old Town Civic Association
(d) Historic Alexandria Resources Commission
1 Representative from the Landmark Society of
Alexandria
(f) Alexandria Sanitation Authority
1 Citizen 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. 10 (a-b,d,f); 1/24/95, and is incorporated herewith as part of this record by reference.)
11. Consideration of Request to Vacate a Position on the Early Childhood Commission.
(A copy of the City Manager's memorandum dated January 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/24/95, and is incorporated herewith as part of this record by reference.)
12. Consideration of Request to Vacate a Position on the Commission on Persons With Disabilities.
(A copy of the City Manager's memorandum dated January 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/24/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 10 (c) and (e) and 13. The City Manager's recommendations are as follows:
9. City Council received the following resignations with regret: (a) Susan P. Hyre from the Alexandria Affordable Housing Advisory Committee; and (b) Anne F. Keith from the Alexandria Waterfront Committee; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
10. City Council (a) reappointed Mary Ann Ormes as a Representative from an Institution Mandated in the Job Training Partnership Act to the Alexandria Commission on Employment; (b) reappointed Janet McDonough as a Member from the Old Town Civic Association to the Alexandria Convention and Visitors Bureau Board of Directors; (d) reappointed Linda Powell as a Representative from the Landmark Society to the Historic Alexandria Resources Commission; and (f) reappointed Elise Fulstone as a Citizen Member to the Alexandria Sanitation Authority.
11. City Council declared this position vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy [Chamber of Commerce representative on the Early Childhood Commission.]
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12. City Council declared one citizen position on the commission on Persons with Disabilities vacant and authorized the Executive Secretary to advertise the vacancy. The voting was as follows:
Donley "aye" Cleveland absent
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
10. (c) Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the Alexandria Convention
and Visitors Bureau Board of Directors
(Material pertaining to this appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10 (c); 1/24/95, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper abstained from voting on this issue since the applicant is her husband.
WHEREUPON upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Euille and Council Member Walker and carried on a vote of 5-to-0-to-1, City Council reappointed F. J. Pepper as a Member Nominated by the Alexandria Convention and Visitors Bureau Board of Directors to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:
Donley "aye" Ticer "aye"
Euille "aye" Cleveland absent
Walker "aye" Pepper "abstain"
Rich "aye"
10. (e) Alexandria Park and Recreation Commission
1 Member from Planning District I
(Material pertaining to this appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10 (e); 1/24/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer and Councilman Euille explained that due to extenuating circumstances, the Chairman did not get her application in on time, and in the interest of maintaining continuity on the Commission, they recommended to Council that this position be readvertised.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council deferred the appointment of a Member from Planning District I to the Alexandria Park and Recreation Commission and requested the Executive Secretary to readvertise the vacancy. The voting was as follows:
Pepper "aye" Donley "aye"
Walker "aye" Cleveland absent
Ticer "aye" Euille "aye"
Rich "aye"
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13. Receipt of the Financial Report for the Period Ending December 31, 1994.
(A copy of the City Manager's memorandum dated January 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/24/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Euille noted that for the most part, and it is very positive and favorable, all the revenues seem to be up over the period, and the expenses seem to be in line with projections. If that trend were to continue, he indicated that the City is on pace to have more than a balanced budget at the end of the fiscal year.
Councilman Euille stated the purpose for pulling this item off of the consent calendar was to make mention of one of the capital improvement planned expenditures, and that is the Durant Recreation Center. He stated that there have been many people in the community over the years that have been concerned about the lack of renovation and the continued deterioration of this facility. He noted that a study will be undertaken to determine what needs to be done structurally to not only repair the building, but to also consider any plans for major renovations. Once that study is completed, the staff will report back to the Council in terms of the total cost and hopefully within the next year or less we will see some major improvements at that facility.
Councilwoman Pepper noted that it had not gone under any renovations since the 1950s.
Mayor Ticer noted that the transient lodging tax is down.
City Manager Lawson stated that the taxes that have the largest implications of all are the commercial and residential real property taxes. She indicated that she is not optimistic that we, or any other of the Northern Virginia jurisdictions, are going to see any great growth in that. She stated that probably commercial will be down and residential is very close to flat, perhaps a little above that. City Manager Lawson agreed that this Center is long overdue for a comprehensive rehabilitation. One of the things staff wants to look at in the CIP as part of the FY 96 proposed budget, will be all of the Centers throughout the City.)
WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council: (1) received the Financial Report for the period ending December 31, 1994; and (2) authorized the City Manager to award contracts to the lowest responsive and responsible bidders for the following public improvement projects: asbestos inspections, removal and testing at City facilities undergoing renovations or construction; and the City's maintenance program of painting and replacement of worn and deteriorated wall coverings. The voting was as follows:
Euille "aye" Donley "aye"
Pepper "aye" Cleveland absent
Ticer "aye" Rich "aye"
Walker "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
14. Consideration of the City Council Subcommittee Report on Alexandria Vision-setting Project. (Mayor Ticer and Councilwoman Pepper) (Verbal Report)
(General Discussion. Mayor Ticer indicated that they have reviewed some consultants' applications which were narrowed down to three. They have interviewed two of the three. She indicated that they were very impressed with the two and are hopeful that the third one will be as good. She stated that Mary Means, who is a consultant in the City of Alexandria, agreed to work with the subcommittee. She did not apply because she is very busy in her own business at this time, but she did want to serve the City in a volunteer capacity. She has done a lot of visioning and consulting herself and will be of great help to the subcommittee. The Mayor indicated that Ms. Means will, if she can, help as the actual process is designed. They have decided that when the consultant is chosen, they will talk with every Member of Council to get views, expectations and creative suggestions and then they and we can design part of the public process of this visioning. The idea that they have started off with as a base is simply they will have some sort of retreat for the City Council. A draft report will come out of this and will go out to the public. Hopefully, we will find different and creative ways and the consultant would help us with designing the process as to how public participation could be the most meaningful in a relatively short period of time.
Assistant City Manager Brannan stated that the next interview with the final consultant is on January 31. Thereafter, the subcommittee will make a recommendation to staff and staff will work with its first choice in developing the program.
Councilwoman Pepper stated that she is encouraged with the applicants. She also underscored what the Mayor said about Mary Means. She has been very valuable. Her insights are quite helpful and she is very pleased that Ms. Means will be assisting in the process. She added that the public will have an opportunity at the appropriate time to have its input because we are talking about the vision for the whole City for some time.
Mayor Ticer stated that not only has Mary Means volunteered to help them, but one of the two consultants who was interviewed already said if they were not chosen, they are local also and would be willing to volunteer their assistance. The Mayor indicated that she felt that it is going to be a good process and they will report back as soon as possible.
City Manager Lawson participated in the discussion and indicated there are a lot of strategic plans that have already been adopted by the Council which can be drawn from. She stressed that there will be a very, very broad-based public involvement because it ends up being the vision of the community of Alexandria.)
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15. Consideration of Receipt of the Library Facilities Feasibility Study Report.
(A copy of the City Manager's memorandum dated January 19, 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. 15; 1/24/95, and is incorporated herewith as part of this record by reference.
A copy of the Alexandria Library Strategic Information Technology Plan 1995-1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 1/24/95, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 15; 1/24/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Council Member Walker thanked Mayor Ticer for her contributions towards putting together a library. She passed out copies of the Alexandria Library Strategic Information Technology Plan which Council should look at with the library building plan since they go together.
The City Manager suggested that City Council have a joint work session with the Library Board and the consultant to discuss the report and then after the work session that Council schedule a public hearing at perhaps the next public hearing.
Mayor Ticer agreed with the Manager's recommendation and suggested that it be scheduled as early as possible.
Staff will come back with recommended dates at the First Legislative Meeting in February.
Councilwoman Pepper requested that when this work session is held she would like to have staff look into the contract referred to in William G. Anderson's letter dated January 24, 1995; she indicated that she did not want to encourage it from being moved from the Lloyd House, but if that collection is moved what would plans be for the Lloyd House; and she has always been very concerned about closing the Burke Library until we know for sure if it is going to be needed and she requested comment on that.)
WHEREUPON, upon motion by Council Member Walker, seconded simultaneously by Vice Mayor Donley and Councilwoman Pepper and carried unanimously by all those present, City Council received the report, will have a work session with the Library Board, and will have a public hearing on the report. The voting was as follows:
Walker "aye" Ticer "aye"
Donley "aye" Cleveland absent
Pepper "aye" Euille "aye"
Rich "aye"
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16. Consideration of Funding Sources for Economic Development Projects.
(A copy of the City Manager's memorandum dated January 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/24/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 5-to-0, City Council approved the recommendation of the City Manager, as amended, (1) that the City not apply, for reasons outlined in the report, for Economic Development Initiatives Program funding, should it again become available; and (2) that the City Council authorize staff to pursue development of a business nurturing project for funding with currently available Community Development Block Grant (CDBG) monies, and to give a high priority to providing CDBG assistance to economic development projects in the future, with the request that the City Manager submit a report to the Economic Development Board of Directors, for their comments prior to returning to City Council. The voting was as follows:
Donley "aye" Cleveland absent
Euille "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"
17. Consideration of Update Report from the City Attorney on Items before the 1995 General Assembly.
(A copy of the City Attorney's memorandum dated January 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/24/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Director of Management and Budget Godwin and City Attorney Sunderland gave a report on the status of legislative issues.
City Council is to stay the course in terms of the City's position with respect to the BPOL tax.
With respect to HB1436, requested the City Attorney to get the advice of our delegation to see what its opinion is on this issue relating to run-off elections with respect to General Assembly elections.
Vice Mayor Donley gave a report of the legislative subcommittee meeting held this past Saturday, January 21, 1995. He and Council Member Walker will continue to meet with staff every Friday throughout the legislative session. Will contact Council with respect to any issues that may need a sense of Council.)
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a vote of 5-to-1, City Council, with respect to the confidentiality of juvenile records, decided to stick with what was originally mandated as part of our legislative package to the state legislature. The voting was as follows:
Euille "aye" Donley "aye"
Walker "aye" Cleveland absent
Ticer "aye" Pepper "aye"
Rich "no"
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Council Member Rich asked what the policy is on the use of soccer fields during the winter in the City whenever they are not in use.
Recreation, Parks and Cultural Activities Director Kauffman spoke to the policy. During December, January and February, the fields are off limits to all and they rest.
Vice Mayor Donley and Mr. Kauffman had a dialogue on this issue. Mr. Kauffman will contact the persons who contacted Council Member Rich and Vice Mayor Donley to advise them of City policy.
(b) Councilman Euille spoke to a committee of citizens in concert with T.C. Williams High School, the School Board, and the Departmental Progressive Club that has been working to honor Earl Lloyd. The City will be presenting a proclamation to Mr. Lloyd which will occur Friday evening, January 27, at the half-time of the T.C. Williams/Annandale High School basketball game at T.C. Williams. It is a public event and everyone is invited to participate, to enjoy the game, and to meet Mr. Lloyd. Mr. Lloyd was the subject of a recent profile in Sports Illustrated. He was born and raised in Alexandria. He attended Parker Gray High School and went on to college. He was drafted by the old Washington Bullets which were known as the Washington Capitals. He was not only one of the first three blacks to be drafted in the NBA, but he was the first black player to play in the NBA and also the first black to become head coach in the NBA. He will also be honored with a reception in his honor from 2-4 p.m. on Saturday, January 28, 1995, in conjunction with the opening of An African American Family Album: The Photographs of Elrich W. Murphy, at the Black History Resource Center.
(c) Councilman Euille spoke to a letter received from the Landlord/Tenant Relations Board regarding an item before the General Assembly, HB836.
The City Attorney indicated that the General Assembly has already acted upon it because it was a carry-over bill.
(d) Councilman Euille stated that we are about to enter the Budget process via the Manager's proposed Budget recommendation to the Council some time in late February. The following item of concern will have no impact on that Budget, but he would think that it will have some impact on future Budget years. That has to do with his concern based on information that he has been requesting from staff with regard to the number of City employees living in the City of Alexandria. He is not prepared or will not be prepared at a future date, to suggest that we legislate and require the issuance of a residency requirement for our employees to live in the City of Alexandria, but what bothers him for the number of employees that we do employee city-wide, the percentage of Alexandria residents that are part of our employment base, is very small. Councilman Euille will be working with the City Manager and the Personnel Office and others to try to come up with some type of plan that will be doable, more or less in terms of a goal approach, so that we can improve the percentage. He has not calculated out the pros and cons of encouraging our employees to be not only residents of the City, but at the same time encourage the City to be a proponent in its efforts to recruit and hire Alexandria citizens first for job vacancies. He indicated that he suspects at least because of the small number of percentage
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of employees that are not residents of the City, we could potentially generate at least another million dollars of revenues to the City if we can massage those numbers in a more positive fashion. He is mentioning this simply because he is offering to work with the Manager's office and her staff in this particular area with hopes that somewhere down the road in a future Budget year that we can do a better job than what we have been doing. It bothers him that we have the potential to not only increase revenues to the City, but at the same time he thinks it is important that our employees should be citizens of our City.
Mayor Ticer asked questions of Councilman Euille about the figures. She stated that this has been a topic of discussion in the past for department heads and the flexibility during some difficult economic times. There was an informal policy that was adopted that new department heads that came into the City who had a home outside of this region would be requested to live within the City of Alexandria. If a person were hired from the region and had an established home base, then that request might be unreasonable and therefore, it would not be made of that person. She indicated as far as she knew that is the long-standing tradition if not a formal policy, but she thinks the intent is always good for people who work for you to live here. It is just a matter of how feasible it is economically, etc.
Council Member Rich agreed with Councilman Euille. He stated that this is worth studying and revisiting and looking at the tradition of the semi-policy or however we do it. It is a matter of trying to figure out what we can do to require or encourage employees to be here. There are some policy reasons as well as looking out for our own.
Councilwoman Pepper stated she doesn't know whether it would prove to be financially an advantage. It does have the one other advantage of freeing of the arterial roads. We won't have everybody clogging up Van Dorn, Route 1 or wherever, because they are already here. She indicated that there has always been that push that what we want to do is if we can to keep the people off of the streets during the rush hour traffic. This is your worker traffic and so there is this advantage of working and living very close to your home. However, she indicated that we have to keep in mind throughout these discussions that it is the quality of the worker. When you advertise you compare everything and maybe there is some way you can kind of prefer somehow one who is already in Alexandria, but I don't think we can require that because you really want to get whoever is the best-qualified worker wherever they come from. If we keep all of those ideas in the hopper as we look through all this, we will come out with something that is good for everybody.
ORDINANCES AND RESOLUTIONS
18. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 43 of The Code of the City of Alexandria, Virginia, 1981, as amended. [ROLL-CALL VOTE]
The City Clerk read the docket item.
(General Discussion. Councilwoman Pepper suggested that sometime in the future when the City is in the computerization of all of our materials this should be one of the first things that gets on-line.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-0, City Council introduced and passed the ordinance on its First and Second Readings. The voting was as follows:
Pepper "aye" Donley "aye"
Euille "aye" Cleveland absent
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3776
AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 43," are hereby adopted as and shall constitute "The Forty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981."
Section 2. That the sections and portions thereof set forth in "The Forty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between June 29, 1994, and November 12, 1994, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended are hereby repealed, except as otherwise provided in section 3 of this ordinance.
Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance adopted after June 25, 1992, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between June 29, 1994 and November 12, 1994, which is inadvertently omitted from or erroneously incorporated into The "Forty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
Section 4. That one complete set of pages comprising "The Forty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the cityclerk, and such code, as amended and supplemented, shall be kept on file in
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the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/24/95
First Reading: 1/24/95
Second Reading: 1/24/95
Final Passage: 1/24/95
19. Consideration of Local Governing Body Approval of the Alexandria Redevelopment and Housing Authority Issuance of Tax-Exempt Bonds to Finance the Acquisition and Rehabilitation of Rental Units at Virginia Garden Apartments in Arlington, Virginia. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated January 10, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/24/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council adopted, by a roll-call vote, the resolution approving the Alexandria Redevelopment and Housing Authority (ARHA) issuing up to $7.5 million in tax-exempt bonds for the acquisition and rehabilitation of 81 rental units at Virginia Garden Apartments by the Arlington Housing Corporation. The voting was as follows:
Donley "aye" Cleveland absent
Rich "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
RESOLUTION NO. 1721
WHEREAS, the Alexandria Redevelopment and Housing Authority (the "Authority") has agreed to use its best efforts to assist the Arlington Housing Corporation, a non-profit 501 (c) (3) agency in Arlington County, Virginia, or affiliate thereof (the "Developer") in financing the acquisition and rehabilitation of an 81-unit multifamily residential rental project located in Arlington County, Virginia (the "Virginia Garden Apartments Project") and, in particular, to undertake the issuance of its bonds in an approximate amount not to exceed $7,500,000 (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
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 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
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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.
NOW, THEREFORE, BE IT RESOLVED BY THE ALEXANDRIA CITY COUNCIL.
1. The City Council approves the issuance of the Bonds by the Authority and the loan of the proceeds thereof to 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 Virginia Garden 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 Virginia Garden Apartments Project or the Developer, but, as required by Section 36-39 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.
OTHER
(A copy of the City Manager's memorandum dated January 19, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/24/95, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper stated that the Ad Hoc Task Force on Information and Technology is going to have the focus groups probably during the week of February 12. George Mason University is doing the focus groups, and they would like to have as part of the focus groups all elected officials, appointed officials, the registrar, and judges.
It was suggested that February 15, 1995, from 7:30 p.m. to 9:30 p.m. be set for the focus group on the electronic community in the Council workroom.
There will be a work session on March 14 on the Woodrow Wilson Bridge at 6:00 p.m.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously by all those present, City Council received the updated Council calendar as amended. The voting was as follows:
Pepper "aye" Cleveland absent
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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CONTESTED APPOINTMENTS
21. Alexandria Board of Zoning Appeals
(The following persons volunteered for appointment to the above Board:)
Michael Brown
Christine Byrnes
Virginia Drewry
Linda Farrell
Charlotte Gibson
John Hines
Rod Kuckro*
Shannon Lane
Mary Lyman
Odell McCants, Jr.
Richard Salopek
Christopher Yukins
(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. 21; 1/24/95, 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 Mary Lyman and Odell McCants, Jr. as Citizen Members to the Alexandria Board of Zoning Appeals. There had to be a second balloting between Michael Brown and Christopher Yukins since each received three votes. The voting was as follows:
Ticer - Brown, Lyman, McCants
Donley - Brown, Lyman, McCants
Cleveland - absent
Euille - Lyman, McCants, Yukins
Pepper - Lyman, McCants, Yukins
Rich - Lyman, McCants, Yukins
Walker - Brown, Lyman, McCants
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Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: City Council appointed Christopher Yukins as a Citizen Member to the Alexandria Board of Zoning Appeals. The voting was as follows:
Ticer - Brown
Donley - Yukins
Cleveland - absent
Euille - Yukins
Pepper - Yukins
Rich - Yukins
Walker - Yukins
22. Alexandria Budget and Fiscal Affairs Advisory Committee
(The following persons volunteered for appointment to the above Committee:)
Marjorie Kline
James McIntyre
Larry Radford
Carl Schwartz, Jr.
Thomas Walczykowski
John Williams
(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. 22; 1/24/95, 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 James McIntyre as a Member-at-Large to the Alexandria Budget and Fiscal Affairs Advisory Committee. The voting was as follows:
Ticer - McIntyre
Donley - McIntyre
Cleveland - absent
Euille - McIntyre
Pepper - McIntyre
Rich - Radford
Walker - McIntyre
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23. Alexandria Commission on Employment
1 Business Representative
2 Citizens-at-Large
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
1 Business Representative
James Lapsley*
(Residency Waiver Required
2 Citizens-at-Large
Emmitt Carlton*
Bertrand Hawkins*
(Residency Waiver Required)
James Spletzer
(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; 1/24/95, 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 waived the residency requirement and reappointed James Lapsley as a Business Representative and reappointed Emmitt Carlton and waived the residency requirement for Bertrand Hawkins as Citizens-at-Large to the Alexandria Commission on Employment. The voting was as follows:
Ticer - Lapsley, Carlton, Hawkins
Donley - Lapsley, Carlton, Hawkins
Cleveland - absent
Euille - Lapsley, Carlton, Hawkins
Pepper - Lapsley, Carlton, Hawkins
Rich - Lapsley, Carlton, Hawkins
Walker - Lapsley, Carlton, Hawkins
24. Alexandria Emergency Medical Services Council
1 Member of the Alexandria Medical Society
With Privileges at Alexandria Hospital
(The following person volunteered for appointment to the above Committee:)
James Brayshaw* Alexandria Medical Society
*Residency Waiver Required17
(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. 24; 1/24/95, 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 waived the residency requirement and reappointed James Brayshaw as the Member of the Alexandria Medical Society with Privileges at Alexandria Hospital to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Brayshaw
Donley - Brayshaw
Cleveland - absent
Euille - Brayshaw
Pepper - Brayshaw
Rich - Brayshaw
Walker - Brayshaw
25. Alexandria Environmental Policy Commission
(The following persons volunteered for appointment to the above Commission:)
Richard Cunningham
Jonathan Gibson
Chad Marlow
Jerald McNeil
(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; 1/24/95, 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 Chad Marlow as a Citizen-at-Large to the Alexandria Environmental Policy Commission. The voting was as follows:
Ticer - McNeil
Donley - Marlow
Cleveland - absent
Euille - Marlow
Pepper - Marlow
Rich - Marlow
Walker - McNeil
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26. Alexandria Landlord-Tenant Relations Board
1 Resident Member Who Is Neither a Landlord nor a
Tenant (Homeowner)
(The following persons volunteered for appointment to the above Board:)
Verda Johnson*
Anna McCaffery
(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; 1/24/95, 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 reappointed Verda Johnson as a Resident Member who is Neither a Landlord Nor a Tenant (Homeowner) to the Alexandria Landlord-Tenant Relations Board. The voting was as follows:
Ticer - Johnson
Donley - Johnson
Cleveland - absent
Euille - Johnson
Pepper - Johnson
Rich - Johnson
Walker - McCaffery
27. Alexandria Park and Recreation Commission
1 Member from Planning District II
(The following persons volunteered for appointment to the above Commission:)
Kirk Fedder
Nancy McCormick*
(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; 1/24/95, 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 had to do a second ballot since Kirk Fedder and Nancy McCormick received three votes each. The voting was as follows:
Ticer - McCormick
Donley - Fedder
Cleveland - absent
Euille - Fedder
Pepper - McCormick
Rich - McCormick
Walker - Fedder
Thereupon, ballots were again distributed, tellers were again appointed and the ballots tallied with the following result: City Council appointed Kirk Fedder as a Member from Planning District II to the Alexandria Park and Recreation Commission. The voting was as follows:
Ticer - Fedder
Donley - Fedder
Cleveland - absent
Euille - Fedder
Pepper - McCormick
Rich - Fedder
Walker - Fedder
28. Alexandria Planning Commission
(The following persons volunteered for appointment to the above Commission:)
John Komoroske*
Gail Landgraff
Richard Leibach*
James Stewart Schwartz
Eric Wagner*
(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; 1/24/95, 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 results: City Council reappointed John Komoroske, Richard Leibach and Eric Wagner as Citizen Members to the Alexandria Planning Commission. The voting was as follows:
Ticer - Komoroske, Leibach, Wagner
Donley - Komoroske, Leibach, Wagner
Cleveland - absent
Euille - Komoroske, Leibach, Wagner
Pepper - Komoroske, Leibach, Wagner
Rich - Komoroske, Leibach, Wagner
Walker - Komoroske, Leibach, Wagner
29. Alexandria Waterfront Committee
1 Representative from the Alexandria Convention and Visitors Bureau
Board of Directors
(The following person was recommended for appointment to the above Committee:)
Willem Polak* ACVB Board of Directors
(Residency Waiver Required)
(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; 1/24/95, 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 waived the residency requirement and reappointed Willem Polak as a Representative from the Alexandria Convention and Visitors Bureau Board of Directors to the Alexandria Waterfront Committee. The voting was as follows:
Ticer - Polak
Donley - Polak
Cleveland - absent
Euille - Polak
Pepper - Polak
Rich - Polak
Walker - Polak
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
30. Consideration of Resolution Opposing Riverboat Gambling in Virginia and Especially on the Alexandria Waterfront. (Council Member Rich and Councilman Cleveland) [ROLL-CALL VOTE]
(A copy of the proposed resolution is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 1/24/95, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Vice Mayor Donley, Councilwoman Pepper and Council Member Walker and carried on a ROLL-CALL vote of 6-to-O. City Council adopted the Resolution. The voting was as follows:
Rich "aye" Walker "aye"
Donley "aye" Ticer "aye"
Pepper "aye" Cleveland absent
Euille "aye"
The resolution reads as follows:
WHEREAS, the Virginia General Assembly will be considering legislation in its 1995 session to provide for a voter referendum on allowing riverboat casino gambling in Virginia; and,
WHEREAS, in 1976 when the voters of Atlantic City decided to allow casino gambling, the proposition was presented to them as one which would provide revenue, jobs and urban renewal; and
WHEREAS, as a result of crime associated with casino gambling, regulatory agencies in New Jersey spend $59 million annually to monitor the city's casinos; and
WHEREAS, in 1992 The Wall Street Journal reported that since 1976, Atlantic City's police budget has tripled to $24 million, while the local population has decreased 20% as a result of the decline in the quality of life; and
WHEREAS, casinos can bring with them the problems associated with compulsive gamblers including forgery, theft, embezzlement, drug dealing, and property crimes to support their habits and to pay off gambling debt; and
WHEREAS, the City Council is aware that the focus of the legislation expected to be considered by the Virginia General Assembly this year is the Tidewater area, the Council is concerned that the City's waterfront could be considered as a prime location for casino gambling in the future; and
WHEREAS, the City Council is not interested in having the Alexandria waterfront considered as a location for casino gambling with the resulting impacts on crime, traffic and the quality of life in the City;
NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby expresses its opposition to state legislation that would permit casino gambling in Virginia and requests the City's delegation to oppose such legislation in the 1995 session of the General Assembly.
New Business Item No. 1: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Euille and Councilwoman Pepper and carried on a vote of 5-to-0, at 10:02 p.m., City Council convened an executive session at this time for the purpose of consulting with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia Code § 2.1-344 (A) (7): Duke Yi Enterprises v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the real estate tax assessments on the property at 35 South Dove Street, for tax years 1991 through 1993; Dominion Newspaper v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the real estate tax assessments on the property at 723 North St. Asaph and 716
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North Pitt Streets, for tax years 1990 through 1992; and Duke Enterprises, Inc. v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves the real estate tax assessments on the property at 1707 Duke Street and 1707 and 1708 Prince Street for tax years 1992 through 1994. The voting was as follows:
Donley "aye" Ticer "aye"
Euille "aye" Cleveland absent
Pepper "aye" Rich out of room
Walker "aye"
New Business Item No. 2: WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried on a vote of 5-to-0, at 10:39 p.m., City Council reconvened the meeting. The voting was as follows:
Donley "aye" Cleveland absent
Walker "aye" Euille out of room
Ticer "aye" Pepper "aye"
Rich "aye"
THEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council approved the three cases that were identified in the motion by which it convened the Executive Session as outlined by the City Attorney. The voting was as follows:
Donley "aye" Cleveland absent
Walker "aye" Euille out of room
Ticer "aye" Pepper "aye"
Rich "aye"
New Business Item No. 3: WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Council Members Rich and Walker and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution regarding the certification of the conduct in the Executive session. The voting was as follows:
Donley "aye" Ticer "aye"
Rich "aye" Cleveland absent
Walker "aye" Euille out of room
Pepper "aye"
The resolution reads as follows:RESOLUTION NO. 1723
WHEREAS, the Alexandria City Council has this 24th day of January, 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.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a vote of 5-to-0, at 10:42 p.m., the meeting of Tuesday, January 24, 1995, was adjourned. The voting was as follows:
Pepper "aye" Cleveland absent
Donley "aye" Euille out of room
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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