Regular Meeting
Tuesday, April 8, 1997 - - 7:30 p.m.
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Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, William D. Euille, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Steele, Deputy City Manager; Ms. Anderson, Deputy Director of Transportation and Environmental Services; and Lieutenant Hazel, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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There was a City Council Work Session on issues relating to the Monticello Park Erosion Control Project, at 6:30 p.m. in the City Council Workroom.
Mayor Donley made opening remarks. Transportation and Environmental Services Director O'Kane, and Parks and Recreation Director Robinson gave a brief background of this issue.
There was a discussion of the proposed project by Transportation and Environmental Services Director O'Kane, Park and Recreation Commission Chair Anne Haynes, North Ridge Citizens' Association representative Reginald Foster, and Friends of Monticello Park representative Kathleen Kust. The Mayor and Members of City Council also participated in the discussion.
Transportation and Environmental Services Director O'Kane will proceed with his recommended alternative 3 which was endorsed by the Park and Recreation Commission and the North Ridge Citizens' Association.
The work session was concluded at approximately 7:45 p.m.
(A copy of the agenda and materials relating to this work session are on file in the office of the City Clerk and Clerk of Council, and is incorporated herewith as part of the record.)* * * * *
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 Stephen H. Wade, Rector of Immanuel Church-on-the-Hill.
3. THERE BEING NO DISCUSSION, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council approved the Minutes for the Regular Meeting of March 25, 1997, as submitted. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker out of room
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council received the report of the City Clerk dated March 31, 1997, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/8/97, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Pepper "aye"
Rich "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker out of room
5. Presentation of Proclamation Honoring Wes McCune and The Orff Ensemble from John Adams School. (Council Member Rich)
(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; 4/8/97, and is incorporated herewith as part of this record by reference.)
The Orff Ensemble performed for the Mayor and Members of City Council and those in attendance.
Council Member Rich presented the proclamation.
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
6. Presentation of Proclamation Proclaiming the Week of April 13 - April 19, 1997, as Crime Victims' Rights Week 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. 6; 4/8/97, and is incorporated herewith as part of this record by reference.)
Council Member Walker presented the proclamation.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Walker "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
7. Presentation of Proclamation Declaring the Week of April 7-13, 1997, as National Public Health Awareness Week 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; 4/8/97, 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 Walker and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich out of room
Speck "aye"
8. Presentation of Proclamation Recognizing Ben Brenman for His Leadership and His Contributions to 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. 8; 4/8/97, and is incorporated herewith as part of this record by reference.)
Vice Mayor Pepper 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" Speck "aye"
Walker "aye"
9. Presentation of Proclamation Proclaiming the Month of April as Fair Housing 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. 9; 4/8/97, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
10. Presentation of Proclamation Honoring the Winners of the Flora Krause Casey Award Given by the Alexandria Public Health Advisory Commission.
(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. 10; 4/8/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck presented the proclamation.
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker out of room
11. Presentation of Proclamation Proclaiming the Week of April 13-19, 1997, as Volunteer Week 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. 11; 4/8/97, 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" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (12-15) (19-21)
WITHOUT OBJECTION, City Council removed Docket Item No. 15 from the Consent Calendar and considered it under a separate motion.
12. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:
(a) Alexandria Landlord-Tenant Relations Board
Michael D. Lynch
(b) Alexandria Task Force on AIDS
Carolyn R. Winters
(A copy of each 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. 12 (a-b); 4/8/97, and is incorporated herewith as part of this record by reference.)
13. Uncontested Appointments to Boards, Commissions and Committees:
(a) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member From the Performing Arts
1 Member Designated by the Historic Alexandria Resources Commission
1 Member Designated by the Alexandria Chamber of Commerce
1 Member Designated by the Alexandria Seaport Foundation
1 Member Designated by the Alexandria Library Board
1 Member Designated by the Alexandria Public Records Advisory Commission
1 Member Designated by the American Legion
1 Senior Citizen Member
(b) Alexandria-Caen Exchange Committee
1 Representative From the Business Community With Expertise in Economic Development Programs
(c) Alexandria Consumer Affairs Commission
1 Business Member
(d) Alexandria Early Childhood Commission
1 Developmental Pediatrician Representing Alexandria Hospital
1 Representative of the Alexandria Chapter of the Northern Virginia Family Day Care Association
(e) Alexandria Environmental Policy Commission
1 Member From the Field of Environmental Sciences
(f) Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the Veterans of Foreign Wars
(g) Historic Alexandria Resources Commission
1 Representative From The Alexandria Association
1 Business Representative
(h) Alexandria Potomac West Alliance Board of Directors
2 Representatives Nominated by Potomac West Civic
Associations
(i) Alexandria Youth Services Commission
1 Member From a Group Concerned With the Development of Educational Policy
(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. 13 (a-i); 4/8/97, and is incorporated herewith as part of this record by reference.)
14. Consideration of Application to the Virginia Department of Social Services for Funds for the Continuation of the Community Services Block Grant for Fiscal Year 1998.
(A copy of the City Manager's memorandum dated March 21, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/8/97, 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 authorize an encroachment into the public sidewalk right-of-way at 808 Russell Road for a fence and wall.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/8/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 4/8/97, 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 expand the membership of the Waterfront Committee to 14 members.
(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. 20; 4/8/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 4/8/97, and is incorporated herewith as part of this record by reference.)
21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Alexandria Zoning Ordinance in the following manner: (i) to revise certain regulations applicable to coordinated districts and the process for obtaining CDD special use permits; (ii) to revise the regulations applicable to height limits in the King Street Height District; (iii) to state the factors to be considered by the director of planning and zoning and the director of transportation and environmental services when determining the scope of traffic impact studies to be submitted with applications for transportation management plan special use permits; (iv) to eliminate the requirement that a separate special use permit be obtained for certain temporary trailers or for tandem and reduced-size parking spaces when these features are shown as part of the site plan or special use permit application for a single-family, two-family or townhouse development project; and (v) to permit roof eaves that project 12 inches or less to encroach into a required yard.
(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. 21; 4/8/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 4/8/97, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the consent calendar as presented, with the exception of Docket Item No. 15 which was considered under a separate motion. The City Manager's recommendations are as follows:
12. City Council received the following resignations with regret: (a) Michael D. Lynch from the Alexandria Landlord-Tenant Relations Board; and (b) Carolyn R. Winters from the Alexandria Task Force on AIDS; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
13. City Council made the following appointments: (a) appointed William Monahan as a Member from the Performing Arts; Philip C. Brooks as a Member Designated by the Historic Alexandria Resources Commission; Katherine Hoffman as a Member Designated by the Alexandria Chamber of Commerce; Kathleen Murphy as a Member Designated by the Alexandria Seaport Foundation; William Smith as a Member Designated by the Alexandria Library Board; Ruth Lincoln Kaye as a Member Designated by the Alexandria Public Records Advisory Commission; Kim Ching as a Member Designated by the American Legion; and Richard Wyler as a Senior Citizen Member to the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) appointed Susan Keyes as a Representative from the Business Community with Expertise in Economic Development Programs to the Alexandria-Caen Exchange Committee; (c) appointed Harriet Wagner as a Business Member to the Alexandria Consumer Affairs Commission; (d) appointed Robert Anderson as a Developmental Pediatrician Representing Alexandria Hospital, and Tiffany Ashby as a Representative of the Alexandria Chapter of the Northern Virginia Family Day Care Association (NVFDCA) to the Alexandria Early Childhood Commission; (e) see Docket Item No. 31; (f) reappointed Robert Klausing as a Member Nominated by the Veterans of Foreign Wars to the Alexandria George Washington Birthday Celebration Committee; (g) reappointed Catherine Hollan as a Representative from the Alexandria Association, and Florence King as a Business Representative to the Historic Alexandria Resources Commission; (h) appointed Matthew Murguia and William Collins as Representatives Nominated by Potomac West Civic Associations to the Alexandria Potomac West Alliance Board of Directors; and (i) appointed Bernadette Johnson as a Member from a Group Concerned with the Development of Educational Policy to the Alexandria Youth Services Commission.
14. City Council authorized the City Manager to: submit a grant application for federal and State Community Services Block Grant funding, in the amount of $183,916 in FY 1998, to the Virginia Department of Social Services; approved the continuation of the four grant-funded positions supported by the Community Services Block Grant. Grant-funded positions terminate upon expiration of the grant and the individuals filling these positions are notified of this condition of employment; and to execute all necessary documents that may be required.
19. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 1997.
20. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 1997.
21. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 12, 1997.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
15. Receipt of the 1995-1996 Annual Report of the Alexandria Public Health Advisory Commission.
(A copy of the City Manager's memorandum dated March 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 15; 4/8/97, and is incorporated herewith as part of this record by reference.)
Alexandria Public Health Advisory Commission Chairman Kling spoke and thanked the Members of City Council.
With the recent merger of the Inova Health Care System with the Alexandria Hospital, he stated that the Commission has reached out to its counterpart in Fairfax County and is beginning a dialogue with them.
Mayor Donley made comments and was glad that Dr. Kling brought this item up. He encouraged our Public Health Advisory Committee to begin now to explore ways that (1) we can maximize service, and (2) potentially hold down some of the cost since that's what is driving this merger to begin with. He stated that one of the primary motivating factors in the merger was service delivery to Alexandria, not only today, but what it is going to be five years from now, ten years from now, or fifteen years from now. That's where the Commission can play a real important role in working with Inova and its counterparts in Fairfax. Mayor Donley indicated that he doesn't think that health care is going to get any cheaper and we have to look at better ways to deliver those services because it's often overlooked that one of the primary responsibilities of community is that of public health. He thanked Dr. Kling for bringing this to the Council's attention.
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously, City Council received the report and thanked the Alexandria Public Health Advisory Commission for its efforts on behalf of public health and the City. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
16. Consideration of Report on Providing Personal Property Tax Relief for Low-Income Elderly and Disabled Residents. (Councilman Speck)
(A copy of the City Manager's memorandum dated April 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/8/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck spoke to this matter. Members of City Council, Financial and Information Technology Services Director Gitajn, and City Manager Lawson participated in the discussion on this item.
Staff was requested to examine the provisions in the State law regarding to this matter.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council requested the staff to prepare a program for personal property tax relief and come back to Council with the specific details. If there is some tweaking that needs to be done on the structure of it, Council would be willing to listen to that. The voting was as follows:
Speck "aye" Pepper "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Walker "aye"
17. Consideration of Development of a Red Light Enforcement Pilot Program for the City of Alexandria. (Councilman Speck)
(A copy of the City Manager's memorandum dated April 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/8/97, and is incorporated herewith as part of this record by reference.
A copy of a recent Washington Post article is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 4/8/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck spoke to this issue. Councilman Cleveland, Mayor Donley and Legislative Director Caton participated in the discussion.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council: (1) proceeded with a pilot red light camera enforcement program; (2) (a) authorized staff to issue a request for proposals for a pilot program from vendors of red light camera enforcement systems; (b) requested staff to discuss the details of the program with the General District Court Judges, the General District Court Clerk, the Commonwealth's Attorney, and the Sheriff; (c) scheduled a Work Session on a pilot red light camera enforcement program for Alexandria prior to the June 24 Council meeting; and (d) designated $150,000 of FY 1997 contingent reserves for the first year startup costs for such a pilot program. As discussed in the memorandum, some of the first year startup costs would be offset by revenue from fines for red light violations. It is difficult to project the exact revenue to be received, but staff has estimated that, based on discussions with Fairfax City, we might receive $40,000 to $66,000 less in fines revenue than we will incur program costs for the first year of the pilot. The voting was as follows:
Speck "aye" Pepper "aye"
Rich "aye" Cleveland "no"
Donley "aye" Euille "aye"
Walker "aye"
18. Consideration of Application to the Virginia Department of Criminal Justice Services for Continued Funding for the Victim/Witness Assistance Program.
(A copy of the City Manager's memorandum dated March 31, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/8/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried unanimously, City Council (1) approved the submission of the grant application to the Virginia Department of Criminal Justice Services for funding in the amount of $111,897, for continued funding of the Victim-Witness Assistance Program. This will increase the number of grant-funded positions in the Victim-Witness Assistance Program by one; (2) approved the continued funding of the two existing full-time grant-funded positions (one Victim-Witness Specialist I position and one Victim-Witness Specialist II position) covered by the Victim-Witness Assistance grant, and contingent upon the award of the grant, approved the establishment of an additional full-time grant-funded position; and (3) authorized the execution all necessary documents that may be required. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilman Euille spoke to the success of the recent basketball game between the team from Russia and the team from Northern Virginia.
(b) Council Member Walker reported to Council that WMATA is seriously looking at constructing the Backlick Road garage which means that the Royal Street garage may be replaced in the future.
(c) Mayor Donley reported on the Metro Regional Mobility Panel Meeting that he attended this morning. He stated that they are struggling with the development of a scope with a consultant that would come back and report what he thinks will be the future of regional bus transportation in the Washington area. He indicated that one of the items discussed was the benefits cost and otherwise with relocating garage facilities to an area that is closer to their routes to eliminate the time that drivers drive an empty bus before he begins his route.
(d) Mayor Donley indicated that he was contacted by a member of Oasis which is a local jazz group. They are putting on a fundraiser on behalf of the Alexandria-Caen Sister City Committee. They are trying to raise funds to go over to perform in Caen, France. The performance is going to be at the First United Methodist Church on Friday, May 16, at 8:00 p.m. He encouraged people to attend. The admission is $20.
(e) Mayor Donley spoke to the clear-cutting of the banks which is taking place at Holmes Run Channel.
WITHOUT OBJECTION, City Council permitted area residents, Evan Vallianatos and Jeff Bernholz, to participate in the discussion.
After considerable discussion on this issue, by a show of hands, it was the consensus of Council that Director of Transportation and Environmental Services O'Kane is to proceed with completing this clearing project as scheduled. (Donley, Cleveland, Speck and Walker were in support of proceeding; Pepper, Euille, and Rich were against proceeding at this time.)
ORDINANCES AND RESOLUTIONS (continued)
22. Consideration of Resolution Authorizing the Issuance of Alexandria Industrial Development Authority Bonds for the National Association for College Admission Counseling (NACAC) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated March 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/8/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution as recommended by the Alexandria Industrial Development Authority at its meeting and public hearing on March 10, 1997. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1822
WHEREAS, the Industrial Development Authority of the City of Alexandria (the “Authority”), has considered the application of the National Association for College Admission Counseling (NACAC, the “Applicant”), whose principal business address is 1631 Prince Street, Alexandria, Virginia 22314, requesting the issuance of the Authority's revenue bonds in a principal amount not to exceed $1,600,000 (the “Bonds”). The proceeds of the Bonds will be used to assist the Applicant in financing (a) the cost of acquisition, renovation and equipping of an approximately 12,000 square foot office headquarters building (the “Project”) located at 1631 Prince Street, Alexandria, Virginia 22314, and (b) financing certain costs of the issuance of the Bonds.
WHEREAS, the Applicant has filed its request for the issuance of the Bonds by the Authority in connection with the bond pool program established by the agreement between the Authority and NationsBank, N.A. (“NationsBank”), pursuant to which NationsBank has agreed to have the Authority issue bonds for 501(c)(3) organizations utilizing the NationsBank bond pool program structure. The Bonds will be secured by a NationsBank Letter of Credit, will bear interest at a variable rate, and will be in minimum authorized denominations of $100,000 so as to avoid the application of the continuing disclosure rules promulgated in Rule 15c2-12 by the Securities and Exchange Commission.
WHEREAS, section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 15.1.1378.1 of the Code of Virginia of 1950, as amended (the “Virginia Code”), provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the City, and the Project will be located in the City. The City Council of the City of Alexandria, Virginia (the “Council”), constitutes the highest elected governmental unit of the City.
WHEREAS, following the public hearing held by the Authority on March 10, 1997, the Authority adopted a resolution (the “Inducement Resolution”) in which it recommended and requested that the Council approve of the issuance of the Bonds by the Authority. A copy of the Inducement Resolution, a brief summary of the Authority’s public hearing, and the Applicant's Fiscal Impact Statement have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. The Council approves the issuance of the bonds by the Authority in a principal amount now estimated to be $1,600,000 for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the creditworthiness of the Project or the Applicant, and, as required by Section 15.1-1380 of the Virginia Code, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the City and the Authority, shall be pledged thereto.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
* * * * *
CONTESTED APPOINTMENTS
23. Ad Hoc City of Alexandria 250th Anniversary Commission
3 Residents of the City of Alexandria
1 Member Designated by the Alexandria Convention and Visitors Association Board of Governors
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Dennis Bradshaw
Patrick Butler
Susan Clot de Broissia
Norma Dempsey
William Hendrickson
Mary Judkins
Shellyn McCaffrey
Michael Oliver
Elise Thomas
Gregory Wilson
1 Member Designated by the Alexandria Convention
Visitors Association (ACVA) Board of Governors
Charlotte Hall* (APPLICATION WITHDRAWN 4/8/97)
ACVA Board of Governors
*Residency Waiver Required
* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 23; 4/8/97, 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 Patrick Butler, Michael Oliver and Elsie Thomas as Residents of the City of Alexandria to the Ad Hoc City of Alexandria 250th Anniversary Commission. [The application was withdrawn for the Member Designated by the Alexandria Convention and Visitors Association Board of Governors and will be readvertised.] The voting was as follows:
Donley - Butler, Dempsey, Oliver
Pepper - Butler, Oliver, Thomas
Cleveland - McCaffrey, Oliver, Thomas
Euille - Butler, Oliver, Thomas
Rich - Butler, Dempsey, Thomas
Speck - Butler, McCaffrey, Oliver
Walker - Butler, Oliver, Thomas
* * * * *
24. Alexandria Commission for Women
1 Citizen Member
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Susan Butler Alexandria Commission for Women
Elizabeth DiGregorio
Elizabeth Engle (APPLICATION WITHDRAWN 3/26/97)
Kristen Galles
Lisa Miller Taylor Run Civic Association
Joyce Putman
Jenny Wade* * * * *
(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; 4/8/97, 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 Susan Butler as a Citizen Member to the Alexandria Commission for Women. The voting was as follows:
Donley - Butler
Pepper - Butler
Cleveland - Miller
Euille - Miller
Rich - Butler
Speck - Miller
Walker - Butler
* * * * *
25. Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the American Legion
(The following person volunteered or was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
James Stevenson* American Legion Post No. 24
*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. 25; 4/8/97, 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 James Stevenson as a Member Nominated by the American Legion to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:
Donley - Stevenson
Pepper - Stevenson
Cleveland - Stevenson
Euille - Stevenson
Rich - Stevenson
Speck - Stevenson
Walker - Stevenson
* * * * *
26. Alexandria Potomac West Alliance Board of Directors
5 Members-at-Large Who Live and/or Work in the Potomac West Alliance Service Area
1 Representative of the Potomac West Business Community Designated by the Alexandria Chamber of Commerce From Its Membership Within the Potomac West Alliance Service Area
1 Representative of the Potomac West Business Community
1 Potomac West Commercial Property Owner Representing the Owners of Potomac Yard
2 Potomac West Commercial Property Owners
(The following persons volunteered or were recommended for appointment to the above Board of Directors:)
NAME ENDORSED BY:
5 Members-at-Large Who Live and/or Work in the
Potomac West Alliance Service Area
James Babin
Brian Collins
Judith Ferris
David Fromm
Paul Haire*
David Jones
Stephen Kindrick
Steven Mead
Patricia Miller
Scott Mitchell
Lee Quill
James Van Zee
1 Representative of the Potomac West Business Community
Designated by the Alexandria Chamber of Commerce
From Its Membership Within the Potomac West
Alliance Service Area
Joan Gaskins* Alexandria Chamber of Commerce
1 Representative of the Potomac West
Business Community
Paul Fiscella
James Fowler
Anna Leider (APPLICATION WITHDRAWN 4/7/97)
William Miller
1 Potomac West Commercial Property Owner
Representing the Owners of the Potomac Yard
Jeffrey Sherman* Commonwealth Atlantic Properties, Inc.
2 Potomac West Commercial Property Owners
Bernard Fagelson
Joann Poladian
Roni Robins
*Residency Waiver Required
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(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. 26; 4/8/97, and is incorporated herewith as part of this record by reference.)
Council Member Walker requested that the Executive Secretary advertise the positions which were not filled. An organizational meeting will be held on April 11, 1997, at 8:30 a.m. at St. Almos.
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed Judith Ferris, David Fromm, Patricia Miller, Scott Mitchell and Lee Quill as Members-at-Large Who Live and/or Work in the Potomac West Alliance Service Area; waived the residency requirement and appointed Joan Gaskins as a Representative of the Potomac West Business Community Designated by the Alexandria Chamber of Commerce From Its Membership Within the Potomac West Alliance Service Area; appointed James Fowler as a Representative of the Potomac West Business Community; waived the residency requirement and appointed Jeffrey Sherman as a Potomac West Commercial Property Owner Representing the Owners of the Potomac Yard; and appointed Bernard Fagelson and Roni Robins as Potomac West Commercial Property Owners to the Alexandria Potomac West Alliance Board of Directors. The voting was as follows:
Donley - Collins, Kindrick, Miller, Quill, Van Zee, Gaskins,
Fowler, Sherman, Fagelson, Robins
Pepper - Fromm, Miller, Mitchell, Quill, Van Zee, Gaskins,
Fowler, Sherman, Fagelson, Poladian
Cleveland - Ferris, From, Haire, Miller, Quill, Gaskins,
Fowler, Sherman, Fagelson, Poladian
Euille - Ferris, Fromm, Haire, Miller, Mitchell, Gaskins,
Miller, Sherman, Fagelson, Robins
Rich - Fromm, Haire, Kindrick, Miller, Mitchell, Gaskins,
Fowler, Sherman, Fagelson, Robins
Speck - Collins, Ferris, Miller, Mitchell, Quill, Gaskins,
Fowler, Sherman, Fagelson, Robins
Walker - Collins, Ferris, Miller, Quill, Van Zee, Gaskins,
Fowler, Sherman, Fagelson, Robins
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27. Alexandria Social Services Advisory Board
2 Citizen Members
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Lisa Carr
Deborah Colton
Elizabeth Engle
Pamela Sosne
* * * * *
(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. 27; 4/8/97, 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 Lisa Carr and Elizabeth Engle as Citizen Members to the Alexandria Social Services Advisory Board. The voting was as follows:
Donley - Carr, Engle
Pepper - Colton, Engle
Cleveland - Carr, Sosne
Euille - Carr, Colton
Rich - Carr, Engle
Speck - Carr, Engle
Walker - Carr, Sosne
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28. Alexandria Youth Services Commission
1 Member From a Profession, Including Law, Medicine or Education, Having an Interest and Concern With the Problems of Young People
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Marni Byrum
Fay Slotnick* * * * *
(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; 4/8/97, and is incorporated herewith as part of the record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Marni Byrum as a Member from a Profession, Including Law, Medicine or Education, Having an Interest and Concern With the Problems of Young People to the Alexandria Youth Services Commission. The voting was as follows:
Donley - Byrum
Pepper - Byrum
Cleveland - Slotnick
Euille - Byrum
Rich - Byrum
Speck - Byrum
Walker - Slotnick
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WITHOUT OBJECTION, City Council considered Docket Item No. 31, at this time.
DOCKET ITEM #13(e) WAS REMOVED FROM THE CONSENT CALENDAR AND READS AS FOLLOWS:
CONTESTED APPOINTMENTS (continued)
31. Alexandria Environmental Policy Commission
1 Member From the Field of Environmental Sciences
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Laurence Breaker
Nancy Pomerleau* * * * *
(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. 31; 4/8/97, 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 Nancy Pomerleau as a Member from the Field of Environmental Sciences to the Alexandria Environmental Policy Commission. The voting was as follows:
Donley - Pomerleau
Pepper - Pomerleau
Cleveland - Pomerleau
Euille - Breaker
Rich - Pomerleau
Speck - Pomerleau
Walker - Pomerleau
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OTHER
29. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated April 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 29; 4/8/97, and is incorporated herewith as part of this record by reference.)
WITHOUT OBJECTION, City Council received the updated Council Calendar, noted the Work Session scheduled for June 24, 1997, before the City Council Meeting on the Pilot Red Light Camera Enforcement Program; and included the following additions: Wednesday, April 16, City Council Committee Meeting on the Watson Wyatt Report, from 5:00 p.m. to 7:00 p.m. in the Council Workroom; Friday, May 9, Days of Remembrance of the Holocaust Ceremony on Market Square at Noon; and Saturday, June 21, dedication ceremony at the renovated Alexandria Union Station, at 9:45 a.m.
EXECUTIVE SESSION
30. Convening of an Executive Session for the Purpose of Consulting with Legal Counsel and Receiving a Briefing from Staff Members, Consultants or Attorneys Pertaining to Specific Legal Matters Requiring the Provision of Legal Advice by Counsel, Pursuant to Virginia Code Section 2.1-344(A)(7).
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, at 10:25 p.m., City Council moved to convene an Executive Session at this time for the purpose of consulting with legal counsel and receiving a briefing from staff members and attorneys pertaining to potential litigation and specific legal matters requiring the provision of legal advice by counsel, pursuant to Virginia Code Section 2.1-344(A)(7). The voting was as follows:
Speck "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Rich "aye"
THEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a vote of 5-to-0, at ll:05 p.m., City Council reconvened the meeting. The voting was as follows:
Rich "aye" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley out of room Euille "aye"
Speck out of room
WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland 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:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley out of room Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1823
WHEREAS, on this 8th day of April, 1997, 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 Councilman Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 11:10 p.m., the Regular Meeting of Tuesday, April 8, 1997, was adjourned. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley out of room Speck "aye"
Walker "aye"
* * * * *
APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
______________________________________________
Beverly I. Jett, CMC City Clerk
The Meeting was adjourned at 11:10 p.m.
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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Public Notice
A meeting of the City Council Pay Parity Committee is scheduled for Monday, April 7, 1997, from 3:00 p.m. to 5:00 p.m. in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.
Public Notice
A meeting of the City Council Committee on the Watson Wyatt Report is scheduled for Wednesday, April 16, 1997, at 5:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.
Public Notice
There will be a City Council Work Session on the Proposed Budget on Wednesday, April 16, 1997, at 7:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.
Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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