Back to FY Dockets



Regular Meeting
Tuesday, March 12, 1996 - - 7:30 pm

* * * * *

Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, William D. Euille, Lonnie C. Rich, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Director of Management and Budget; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Schott, Director of General Services; Mr. Sanderson, Director of Real Estate Assessments; Mr. Neckel, Director of Finance; Ms. Gattsek, Director of Office on Women; Ms. Fayne, Special Assistant to the City Manager; Mr. Caton, Legislative Director; Ms. Hansen, Deputy Director of Housing; Mr. Radauskas, Director of Code Enforcement; Fire Chief Hawkins; Police Chief Samarra; Delegates Van Landingham and Moran; Lieutenant Kaluta, Police Department.

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



There was a City Council work session with Edgehill, LLC/Greenvest, at 6:00 p.m. in the City Council Workroom. The discussion was on the Community Development Authority proposed for Cameron Station.

City Manager Lawson made opening remarks. Stephen M. Colangelo, McGuire, Woods, Battle and Boothe, spoke to the impact of the proposed CDA on Cameron Station and the City, and the results of the market study. Larry Shubnell, Legg, Mason, Wood, Walker, Inc., spoke to special districts, credit rating and debt capacity.

Ann Sowder and John Petersen, Government Finance Group, and the City's financial advisors, made comments. City Attorney Sunderland and Pauline Schneider, Hunton and Williams, also made comments.

Members of City Council, City Manager Lawson, and Financial and Information Management Director Gitajn participated in the discussion.



(A copy of the agenda and material relating to this work session are on file in the office of the City Clerk and Clerk of Council, and are incorporated as part of the record by reference.)




1


OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.


The Invocation was pronounced by Reverend Donald H. Bowen of Downtown Baptist Church.

3. THERE BEING NO DISCUSSION, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Minutes of the following Meetings of City Council: (a) the Public Hearing Meeting of February 24, 1996; (b) the Special Meeting of February 27, 1996; and (c) the Regular Meeting of February 27, 1996, as submitted. The voting was as follows:


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

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, City Council received the report of the City Clerk dated March 6, 1996, a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/12/96, and is incorporated herewith as part of this record by reference. The voting was as follows:


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

5. Presentation of Proclamation Proclaiming the Month of March as Red Cross Month in the City of Alexandria. (Mayor Donley)

(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; 3/12/96, and is incorporated herewith as part of this record by reference.)
(Mayor Donley presented the proclamation.)

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

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

6. Presentation of Proclamation Designating the Week of March 13-20 as Tall Cedars Week in the City of Alexandria. (Vice Mayor 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; 3/12/96, and is incorporated herewith as part of this record by reference.)

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

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

2


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

7. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
Lynnwood G. Campbell, Jr.

(A copy of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7 (a-c); 3/12/96, and is incorporated herewith as part of this record by reference.)

8. Uncontested Appointments to Boards, Commissions and Committees:


(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8 (a-g) ; 3/12/96, and is incorporated herewith as part of this record by reference.)

9. Consideration of Request for One-time Special State Funds for the Community-Based Juvenile Probation Officer Program.

(A copy of the City Manager's memorandum dated March 7, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/12/96, and is incorporated herewith as part of this record by reference.)







3


10. Presentation of Viewers' Report for a Request for Vacation of Street Right-of- Way Located at 931 Powhatan Street, and Authorization for the City Attorney to Prepare the Necessary Ordinance.

(A copy of the Viewers' Report dated March 4, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/12/96, and is incorporated herewith as part of this record by reference.)

11. Consideration of Proposed Testimony for 1996 Virginia Department of Transportation Preallocation Hearing.

(A copy of the City Manager's memorandum dated March 7, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/12/96, and is incorporated herewith as part of this record by reference.)

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE (a) to make most violations of the Volume II (maintenance) of the Virginia Uniform Statewide Building Code enforceable by civil penalties, (b) to make violations of the city's regulations governing inoperable motor vehicles enforceable by civil penalties, and (c) to transfer responsibility for enforcing the provisions of the city code governing the excessive growth of weeds, bushes and other vegetation on private property from the department of transportation and environmental services to the bureau of code enforcement, and to make violations of these provisions enforceable by civil penalties.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 3/12/96, and is incorporated herewith as part of this record by reference.)

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city's human rights ordinance to (a) to make violations of the ordinance's non-discrimination provisions enforceable by civil penalties, (b) to authorize the human rights commission, following a finding in a case properly before it that a complainant has been unlawfully discriminated against, and with the approval of city council, to file and pursue a civil action in the circuit court for the purpose of seeking relief to compensate the complainant for the injuries incurred as a result of the unlawful discrimination, and (c) to clarify various provisions of the ordinance.


(A copy of the City Manager's memorandum dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 3/12/96, and is incorporated herewith as part of this record by reference.




4


A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 3/12/96, and is incorporated herewith as part of this record by reference.)

19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code provisions governing boards and commissions in order to (a) require a staff impact analysis prior to the creation of a new committee to determine the anticipated staffing needs of the new committee, (b) establish limitations on the lifetimes of newly created committees, (c) require ad hoc groups to meet the same attendance and reporting requirements that all committees meet, and (d) require that all staff assignments from boards, commissions, committees and task forces be based upon action by the full group, as opposed to requests from individual members.

(A copy of the City Attorney's memorandum dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 3/12/96, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend Ordinance No. 3014, which granted an encroachment into the right-of-way of 1700 Prince Street to the owner of the property at the northeast corner of Reineker's Lane and Prince Street, by deleting all reference to the "Dominion Company" as the owner of said property and substituting therefor the name of "Jack Driscoll and Peter Labovitz, Trustees."

(A copy of the City Attorney's memorandum dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 3/12/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council approved the Consent Calendar as presented. The City Manager's recommendations are as follows:

7. City Council received the following resignations from Members of Boards, Commissions and Committees, with regret: (a) Lynnwood G. Campbell, Jr. from the Alexandria Budget and Fiscal Affairs Advisory Committee; (b) Lisa Williams
5

from the Alexandria Environmental Policy Commission and (c) Julia Howell-Barros from the Alexandria Youth Services Commission; requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

8. City Council (a) appointed Charlotte Gallagher as a Member from the Alexandria Association to the Alexandria Archaeological Commission; (b) appointed Susan Wicks as a Representative of a Health Care Provider Organization to the Alexandria Commission on Aging; (c) reappointed Justine Rowe as a Representative from the Alexandria Commission on Aging to the Alexandria Human Rights Commission; (d) appointed Micheline Diakite and Stephen Mercer as High School Youth Members to the Alexandria Park and Recreation Commission; (e) appointed Veronique Gresham as a Citizen Member to the Alexandria Public Records Advisory Commission; (f) appointed Judith Keating as a Representative from the Alexandria Federation of Civic Associations to the USS Alexandria Liaison Committee; and (g) reappointed Kenneth Foran as a Representative from the Alexandria Park and Recreation Commission to the Alexandria Waterfront Committee.

9. City Council authorized the City Manager's application for a $5,000 one-time special request grant from the State Department of Criminal Justice Services. Because staff was not notified of the availability of these funds until March 6, and the application deadline was March 11, we have submitted the application with the notification that this application is contingent on City Council approval on March 12.

10. City Council received the Viewers' Report and authorized the City Attorney to prepare the necessary ordinance.

11. City Council: (1) approved the projects discussed 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 and Virginia Department of Rail and Public Transportation, as appropriate.

17. City Council introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, March 23, 1996.

18. City Council introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, March 23, 1996.

19. City Council introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, March 23, 1996.

20. City Council introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, March 23, 1996.

END OF CONSENT CALENDAR
The voting was as follows:
Rich "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Euille "aye"






6


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

12. Consideration of Submission of a Grant Application to the Virginia Department of Social Services for the Office on Women's Domestic Violence Program.

(A copy of the City Manager's memorandum dated February 27, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/12/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council increased the number of full-time grant-funded positions by one (1.0) full-time Outreach Prevention Specialist position by increasing the existing .75 FTE Outreach Prevention Specialist position to full-time. This grant-funded position would terminate upon the expiration of the grant and the individual who is to fill this position would be notified of this condition of employment. City Council (1) approved the submission of the grant application to the Virginia Department of Social Services for funding, in the amount of $55,000; (2) contingent upon the award of the grant, approved the increase of a part-time (.75 FTE) grant-funded position to the full-time position reflected above; (3) approved the contracting with a part-time (10 hours per week) Social Worker/Child Specialist to provide individual and group counseling to the children of battered women; and (4) authorized the City Manager to execute all documents that may be required. The voting was as follows:

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

13. Consideration of Community Development Block Grant Assistance to Residential Youth Services for the Acquisition and Renovation of Property to Replace the Existing Girls' Home. [Thirty Minutes Allowed for Residential Youth Services Presentation and Citizen Comment.]

(A copy of the City Manager's memorandum dated March 8, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 13; 3/12/96, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

14. Consideration of Proposal to Establish a Potomac West Alliance Pilot Project.

(A copy of the City Manager's memorandum dated March 7, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of the verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 3/12/96, and is incorporated herewith as part of this record by reference.)
7

WHEREUPON, upon motion by Council Member Walker, seconded simultaneously by Councilmen Cleveland and Euille and carried on a unanimous ROLL-CALL vote, City Council: (1) approved the Potomac West Alliance Pilot Project; (2) adopted the resolution establishing an Interim Board of Directors for the Potomac West Alliance Pilot Project; (3) requested the Executive Secretary for Boards and Commissions to advertise the following vacant positions on the Interim Board of Directors to be filled at the April 9 City Council Meeting: 4 residents of Potomac West; 3 commercial developers or property owners; 3 business owners/employees; and 1 Member of the Alexandria banking community or a financial institution; (4) authorized the City Manager to: (a) Issue an Informal Solicitation for Proposals for the services of a qualified consultant to serve as an Interim Director for the Potomac West Alliance Pilot Project; (b) Enter into a consulting services contract with the best qualified offerer for a fee that is less than $15,000; and (5) approved the use of up to $30,000 from the Office of Housing budget for the Interim Director consultant contract (that is to be less than $15,000), and to support a design consultant(s) for the Pilot Project (the total, for the design consultant (s), is also to be less than $15, 000) . These monies will be available in the budget for the Office of Housing because the Co-Administrator for the Enterprise Zone position will become vacant at the end of March. The Office of Housing and the Alexandria Economic Partnership will continue to promote the Enterprise Zone and to oversee its activities. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1777
WHEREAS, on March 12, 1996, the City Council of Alexandria, Virginia, approved the Potomac West Alliance Pilot Project; and

WHEREAS, the purpose of the pilot project is to study the feasibility of creating a permanent Potomac West Alliance to coordinate City and community economic development activities in Potomac West; and

WHEREAS, the City Council wishes to create an Interim Board of Directors to carry out the tasks included in the Potomac West Alliance Pilot Project;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby creates the Interim Board of Directors for the Potomac West Alliance Pilot Project, which shall be responsible for the preparation of recommendations for the establishment of a permanent Potomac West Alliance and for the incorporation of a strong design component into the activities of the permanent Alliance. Such recommendations are to include, but not be limited to, the following:

8


BE IT FURTHER RESOLVED, that appointments to the Interim Board of Directors shall be made by the City Council, and that said appointments shall be effective on April 9, 1996, and terminate after the presentation of the Interim Board's report to City Council, in October 1996.

15. Consideration of Update Report on Items Before the 1996 General Assembly.

(A copy of the City Manager's memorandum dated March 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/12/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council received this report. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
16. SUP #95-0209 -- RF&P LAND NEXT TO RAILROAD AND METRO TRACKS BETWEEN KING STREET AND COMMONWEALTH AVENUE -- VEPCO --Consideration of a request for a special use permit to install a terminal facility for underground electrical transmission lines; zoned UT/Utilities and Transportation. Applicant: Virginia Electric and Power Company (VEPCO). (#25 2/24/96)

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated March 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 3/12/96, 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. 3 of Item No. 16; 3/12/96, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland stated that since he will be purchasing some property at the Carlyle Towers, he will not be participating in nor voting on this item. Whenever this item came before the Carlyle Design Review Committee, upon which he sits, he always removed himself and did not participate in nor vote on any item pertaining to this development.


9

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council approved the recommendation of Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and a new Condition #1 to read: "1. The applicant shall provide a 20' high opaque fence to the approval of Planning and T&ES"; and added a new Condition #4 to read: "4. The applicant shall provide monthly or periodic reports on the progress of the undergrounding to be made available to the homeowners, Rosemont Civic Association and City Council." The voting was as follows:

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

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper spoke to the recent hate fliers which were distributed in Old Town.

(b) Councilwoman Pepper announced the winners of the recent Salute to Women Awards which were presented at the banquet on March 4.

(c) Councilman Euille announced that Christmas in April will be April 27. The celebrity "Shoot for Hoops" basketball game will be held at 3:00 p.m. on Saturday, April 20, at T.C. Williams High School.

He also noted that the Second Annual Homeownership Fair will be held the same Saturday as Christmas in April at T.C. Williams High School, from 9:30 a.m. to 1:00 p.m.

(d) Councilman Euille stated that Ethel Underwood requested him to encourage the listening audience to get their children immunized.







10


ORDINANCES AND RESOLUTIONS (continued)

21. (a) Consideration of Award of Contract for the Sale and Rehabilitation of the City-owned Property Located at 327 North West Street to Michael C. Landi.

(b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the sale of property located at 327 North West Street in the City of Alexandria.

(A copy of the City Manager's memorandum dated March 7, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 21 (a-b) ; 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 21 (a-b); 3/12/96, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 21(a-b); 3/12/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council (1) awarded the contract for the sale of City-owned property located at 327 North West Street to Michael C. Landi for $42,547; (2) introduced the ordinance on its First Reading, set it for Public Hearing, Second Reading and Final Passage on Saturday, March 23, 1996; and (3) authorized the City Manager to execute all necessary documents. The voting was as follows:

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

OTHER

(A copy of the City Manager's memorandum dated March 8, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/12/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council (1) noted that the Alexandria Economic Opportunities Commission has planned a reception to celebrate the 30th Anniversary of the Commission at 7 p.m. in Room 2000 before the April 9 Council Meeting; (2) set a work session with representatives of the Alexandria Hospital Board at 7:45 a.m. on Tuesday, April 30 [Hospital staff to do agenda]; (3) noted that the groundbreaking for the Eisenhower Avenue Interchange with the Beltway has been set for Monday, April 29 at 11 a.m. Staff will work with the Virginia Department of Transportation (VDOT) and the Eisenhower Partnership on the planning for the ceremony; and (d) noted that the work session with the Early Childhood Commission for 6:00 p.m. on March 26 has been canceled. The voting was as follows:

Rich "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Euille "aye"
11


CONTESTED APPOINTMENTS


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

Rosemary Hurkamp

Mary Hurlbut

Beverly Patton

(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. 23; 3/12/96, 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 Mary Hurlbut as a Citizen Member to the Alexandria Beautification Commission. The voting was as follows:

Donley - Hurlbut
Pepper - Hurlbut
Cleveland - Hurlbut
Euille - Hurlbut
Rich - Patton
Walker - Patton




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

David Cooper

Marilyn Doherty League of Women Voters

Adam Ebbin

Gregory Soule

David Todhunter

Curtis Wagner

(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; 3/12/96, 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: No applicant received a majority of four votes; therefore, there had to be a second balloting. The voting was as follows:


12


Donley - Ebbin
Pepper - Doherty
Cleveland - Cooper
Euille - Ebbin
Rich - Doherty
Walker - Ebbin

Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Adam Ebbin as a Citizen Member to the Alexandria Board of Zoning Appeals. The voting was as follows:

Donley - Ebbin
Pepper - Doherty
Cleveland - Ebbin
Euille - Ebbin
Rich - Doherty
Walker - Ebbin




(The following person volunteered or was recommended for appointment to the above Commission:)

NAME ENDORSED BY:

Colleen Mallon* Judith V. Braun Executive Director The Washington House

(Residency Waiver Required)
*Incumbent


(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 25; 3/12/96, 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 Colleen Mallon as a Representative of Older Persons to the Alexandria Commission on Aging. The voting was as follows:

Donley - Mallon
Pepper - Mallon
Cleveland - Mallon
Euille - Mallon
Rich - Mallon
Walker - Mallon




(The following person volunteered or was recommended for appointment to the above Commission:)
Clarence Burke* Chamber of Commerce
*Residency Waiver Required
13

(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; 3/12/96, 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 appointed Clarence Burke as a Business Representative Designated by the Alexandria Chamber of Commerce to the Historic Alexandria Resources Commission. The voting was as follows:

Donley - Burke
Pepper - Burke
Cleveland - Burke
Euille - Burke
Rich - Burke
Walker - Burke



EXECUTIVE SESSION

27. 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 Councilman Euille, seconded by Council Member Walker and carried unanimously, at 10:33 p.m., City Council convened an Executive Session for the purpose of consulting with legal counsel and receiving a briefing by staff members, pertaining to probable litigation involving the City, pursuant to Virginia Code § 2.1-344(A)(7). The voting was as follows:

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

THEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 5-to-0, at 10:50 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved initiating a legal action as described by the City Attorney in the Executive Session. The voting was as follows:

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

THEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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

The resolution reads as follows:




14

RESOLUTION NO. 1778

WHEREAS, on this 12th day of March, 1996, the Alexandria City Council did recess 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 city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.



THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-0, at 10:53 p.m., the Regular Meeting of March 12, 1996, was adjourned. The voting was as follows:

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



APPROVED BY:



--------------------------------------------
KERRY J. DONLEY MAYOR





ATTEST:


--------------------------------------------------
Beverly I. Jett, CMC, City Clerk











This docket is subject to change.

* * * * *

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

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *

Edit History

Original Author: Anonymous
Date Entered: 12/31/1996 08:01:57 AM


Edit History:Rev.
Editor
Edit Date