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Regular Meeting
Tuesday, January 11, 2000 - - 7:30 p.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, 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; Mrs. Godwin, Director of Management and Budget; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Neckel, Director of Finance; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Boyd, Director of Citizen Assistance; Ms. Plemmer, Assistant City Manager; Mr. Caton, Legislative Director; Mr. Sudduth, Director of Personnel Services; Ms. Davis, Director of Housing; Mr. Jinks, Director of Financial and Information Technology Services; Mr. Ruller, Acting Director of Transportation and Environmental Services; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Fire Chief Hawkins; Police Chief Samarra; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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City Council had a work session with the Alexandria Electoral Board at 6:00 p.m. in the Council Workroom. The agenda was followed and there was discussion amongst the City Council, Alexandria Electoral Board Secretary Lineberry, Attorney Hebert, and staff.

The Alexandria Electoral Board will have community outreach meetings to educate the community and to explain the process with respect to seeking relief from the Justice Department from the Preclearance Provisions of the Voting Rights Act.

Secretary Lineberry spoke to the possibility of changing the required length of time for volunteers to work on election days.

Mayor Donley requested that the request to close schools on election day be placed on the agenda for the City Council/School Board Subcommittee.

Secretary Lineberry addressed the staffing for voter registration at the Virginia Division of Motor Vehicles.

The work session was concluded at approximately 7:30 p.m.



(Material pertaining to the work session is on file in the office of the City Clerk and Clerk of Council and is incorporated herewith as part of the record.)
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OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present with Councilman Speck arriving at 7:50 p.m.

The Invocation was pronounced by Father William J. Metzger, Principal for Bishop Ireton High School.
* * * * *

New Business Item No. 1: City Manager Lawson introduced the new Director of Transportation and Environmental Services Richard J. Baier.
* * * * *

3. WHEREUPON, upon motion Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Minutes for (a) the Regular Meeting of December 14, 1999; and (b) the Public Hearing Meeting of December 18, 1999, as submitted. The voting was as follows:

Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck not yet arrived
Walker "aye"

4. WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the Report of the City Clerk, dated January 4, 2000, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/11/00, 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" Speck not yet arrived
Walker "aye"

At 7:50 p.m., Councilman Speck arrived.

5. Presentation of a Proclamation Proclaiming January 15, 2000, as Martin Luther King, Jr. Day in 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. 5; 1/11/00, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille presented the proclamation.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:

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

6. Presentation of a Proclamation Honoring Mary Margaret Otis for Her Donation of the Blue Spruce Tree at Market Square and Honoring Laurie Hieta for Her Donation of the Blue Spruce Tree at King Street Gardens and Honoring Carol Price for Her Donation of the Blue Spruce Tree at Lower King Street.

(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; 1/11/00, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper presented the proclamation.

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

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

7. Presentation of a Proclamation Honoring the Beverley Hills Garden Club and the Alexandria Council of Garden Clubs for Funds, and for Creating the Wreaths at City Hall.

(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; 1/11/00, 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 Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

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

Without Objection, City Council considered docket item no. 29 at this time.






29. Presentation of Proclamation Proclaiming January 16-22, 2000, as Jaycees 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. 29; 1/11/00, and is incorporated herewith as part of this record by reference.)

Council Member Rich presented the proclamation.

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

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (8-15)(17-18)

WITHOUT OBJECTION, City Council removed docket item nos. 11 and 17 from the Consent Calendar and considered them under separate motions.

8. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:

(a) Alexandria Sister Cities Committee
Peggie Dill

(b) Alexandria Social Services Advisory Board
C. Joseph Baker

(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 Nos. 8(a-b); 1/11/00, and is incorporated herewith as part of this record by reference.)

9. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Affordable Housing Advisory Committee
1 Employer

(b) Alexandria Beautification Commission
4 Citizen Members

(c) Alexandria Commission on Persons With Disabilities
2 Citizen Members

(d) Historic Alexandria Resources Commission
1 Representative From the Alexandria Public Records Advisory Commission



(e) Alexandria Public Records Advisory Commission
1 Citizen Member

(f) Alexandria Youth Policy Commission
1 Representative From the Alexandria Public Health Advisory Commission

(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 Nos. 9(a-f); 1/11/00, and is incorporated herewith as part of this record by reference.)

10. City Council Consideration of the Spring 2000 Gypsy Moth Suppression Program for Two Areas of the City.

(A copy of the City Manager's memorandum dated January 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/11/00, and is incorporated herewith as part of this record by reference.)

12. Consideration of Submission of a Grant Application to the Institute of Museum and Library Services for Funding for Alexandria Archaeology.

(A copy of the City Manager's memorandum dated January 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/11/00, and is incorporated herewith as part of this record by reference.)

13. Consideration of Submission of a Grant Application to the Virginia Foundation for the Humanities for Funding for Alexandria Black History Resource Center Education Program.

(A copy of the City Manager's memorandum dated December 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/11/00, and is incorporated herewith as part of this record by reference.)

14. Consideration of Submission of a Grant Application to the Institute of Museum Services and Library Services for Funding for the Alexandria Black History Resource Center.

(A copy of the City Manager's memorandum dated December 27, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/11/00, and is incorporated herewith as part of this record by reference.)

15. Consideration of Community Development Block Grant Budget Transfers.

(A copy of the City Manager's memorandum dated January 3, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/11/00, 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 code by authorizing up to 50 parking spaces on streets adjacent to the United States Courthouse in the Carlyle project to be used, without limitation during working days, by individuals who have been called to jury duty.

(A copy of the City Attorney's memorandum dated January 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/11/00, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 1/11/00, 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. 3 of Item No. 18; 1/11/00, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Consent Calendar as presented with the exception of docket item nos. 11 and 17 which were considered under separate motions. The City Manager's recommendations are as follows:

8. City Council received the following resignations with regret: (a) Peggie Dill from the Alexandria Sister Cities Committee; and (b) C. Joseph Baker from the Alexandria Social Services Advisory Board; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

9. City Council (a) appointed Deirdre Shipley as an Employer to the Alexandria Affordable Housing Advisory Committee; (b) reappointed Candace Beane, Sarah Costello, Noel Sengel and Bette Jo Sullivan as Citizen Members to the Alexandria Beautification Commission; (c) reappointed Geoffrey Baynard and Maura Rozell as Citizen Members to the Alexandria Commission on Persons with Disabilities; (d) reappointed Clarence Henley as a Representative from the Alexandria Public Records Advisory Commission to the Historic Alexandria Resources Commission; (e) appointed Raymond Santora as a Citizen Member to the Alexandria Public Records Advisory Commission; and (f) appointed Lori Cooper as a Representative from the Alexandria Public Health Advisory Commission to the Alexandria Youth Policy Commission.

10. City Council received this report and scheduled a Public Hearing for Saturday, January 22, 2000.






12. City Council authorized the City Manager to: (1) submit the grant application to the Institute of Museum and Library Services (IMLS) in the amount of $83,361; (2) approve the establishment of two part-time positions (one 0.75 FTE Museum Education Specialist and one 0.75 FTE Museum Technician) to administer grant-funded activities at Alexandria Archaeology should the grant be awarded. These grant-funded positions would terminate upon the expiration of the grant. The individuals who are to fill these positions would be notified of this condition of employment at the time that they are hired and would sign an agreement of understanding with regard to this condition. It should be noted that there are no funds available in the City budget to continue these activities once the grant funds are expended; and (3) execute all documents that may be required.

13. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Foundation for Humanities in support of costs for the development of an educational program at the Alexandria Black History Resource Center in the amount of $2,000; and (2) execute all documents that may be required.

14. City Council authorized the City Manager to: (1) submit the grant application to the Institute of Museum and Library Services (IMLS) in the amount of $34,726; (2) approve the establishment of one part-time position (one 0.45 FTE Museum Education Specialist) to administer the educational program activities at the Alexandria Black History Resource Center should the grant be awarded. This grant-funded position would terminate upon the expiration of the grant and the individual who fills this position would be notified of this condition of employment at the time that he or she is hired and would sign an agreement of understanding with regard to this condition. It should be noted that there are no funds available in the City budget to continue these activities once the grant funds are expended; and (3) to execute all documents that may be required.

15. City Council: (1) approved funding allocations for housing and community development initiatives totaling $275,601, as follows: (a) allocated $129,326 in CDBG funds for additional capital improvements at 610 Notabene Drive, a 10-unit apartment building owned and operated by the Alexandria Community Services Board; and (b) allocated $146,275 in CDBG funds for the purpose of funding homeownership loans anticipated to be committed through March 2000. This is in addition to amounts previously allocated for that purpose; and (2) authorized the following budget transfers to fund the activities in Recommendation #1:

From:To:
Transitional Assistance
(Department of Human Services)
$ 71,868610 Notabene Drive$129,326
Eviction Assistance and Furniture Storage
(Department of Human Services)
$ 18,600
Blighting Influences$ 38,858
Blighting Influences$146,275Homeownership loans$146,275





18. City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, January 22, 2000.

END OF CONSENT CALENDAR

The voting was as follows:

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

11. Consideration of Acceptance of a Donated Vehicle for Police Child Passenger Safety Programs.

(A copy of the City Manager's memorandum dated January 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/11/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley spoke to this item and thanked Jack Taylor for his generosity. He requested that the Department of Human Services place this item on the next Youth Policy Commission meeting agenda so that they are aware of the child passenger safety programs.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the receipt of the donated vehicle to be used by the Police Community Support Section for three years, the value of which is approximately $12,960. This value is based on a suggested retail lease agreement for a 2000 Toyota Sienna at $360 per month for 36 months. Jack Taylor Alexandria Toyota agrees to pay this cost to the City in yearly installments ($4,320 per year) and the City will then forward this amount to Toyota Motor Credit; and (2) authorized the City Manager to execute all necessary documents. The voting was as follows:

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

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code by (a) prohibiting the running-at-large of exotic or poisonous animals and requiring the owner of any such animal to pay for the costs incurred by the city in capturing the animal, (b) authorizing law enforcement officers to impound dogs running-at-large in violation of city regulations, (c) authorizing the quarantine of animals, in addition to dogs, that have bitten a person, (d) providing for the issuance of dog and cat tags without identification of the animal's sex, and (e) providing for the regulation of traveling animal exhibitions.





(A copy of the City Manager's memorandum dated January 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/11/00, 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; 1/11/00, 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. 3 of Item No. 17; 1/11/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley and Councilwoman Pepper suggested deferring this ordinance to a later meeting in order to gather more information with respect to traveling circuses.

Members of City Council participated in the discussion of this item.

The City Attorney will bring forward a substitute ordinance for Saturday.

The issue of the prohibition of traveling circuses will be docketed for Council discussion at its Second Legislative Meeting on Tuesday, January 25.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council introduced and passed the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, January 22, 2000, and deferred the pertinent sections relating to traveling circuses. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

16. Consideration of a license agreement between the City of Alexandria and Cavalier Telephone Company authorizing Cavalier, for a five-year period, to place, construct and maintain telecommunications equipment and facilities within the public rights-of-way of the city.

(A copy of the City Attorney's memorandum dated January 5, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/11/00, and is incorporated herewith as part of this record by reference.)

City Attorney Sunderland responded to questions asked by Council Members.




Vice Mayor Euille requested that the City Attorney provide additional information with respect to prospective companies such as who are the officers and their profitability, and what other firms with which they might be associated.

Mayor Donley suggested that the various companies' annual report could be attached to future docket items pertaining to this issue.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the license agreement with Cavalier, and authorized the City Manager to execute the agreement on behalf of the City and to take any other actions that are necessary or desirable to implement the agreement. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper spoke to the City of Alexandria being ranked ninth in the February 2000 edition of the Ladies' Home Journal as one of the "Best Cities for Women Today and Tomorrow."

(A copy of the City Manager's memorandum dated January 7, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (a); 1/11/00, and is incorporated herewith as part of this record by reference.

A copy of a press release dated January 13, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Oral (a); 1/11/00, and is incorporated herewith as part of this record by reference.)

(b) Councilwoman Pepper addressed the City's Y2K victory.

Mayor Donley also thanked all of the City employees who were involved in the success of Y2K and for working the night of December 31.

(c) Councilman Speck spoke to a letter Council received from a member of the Planning Commission with respect to the information that is required when completing an application for a board or commission, in particular, requiring a person's social security number.

(A copy of Mr. Leibach's letter dated December 20, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (c); 1/11/00, and is incorporated herewith as part of this record by reference.)

Without Objection, City Council requested Executive Secretary for Boards and Commissions Boyd to remove the requirement of a social security number from the application.

Council requested that the names of persons who serve on the various boards and commissions be listed on the internet.

Vice Mayor Euille requested, for those 400 or so individuals that Ms. Boyd routinely mails the vacancy notice to, that she do an inquiry to see if they prefer to receive it via the internet versus the mailing.

(d) Councilman Speck noted that last month Council agreed to designate the Plaza in front of Mount Vernon Recreation Center as the Versace Plaza as well as a memorial to Vietnam Veterans. He stated that we have received some recommendations from them to move forward with their names.

Mayor Donley designated the three individuals that were recommended by the Veteran's group, i.e., Mike Kentes, Joe Flynn and Mike Faber, asked for a representative from the Arts Commission, a representative from the Park and Recreation Commission, also the Director of Recreation, Parks and Cultural Activities or her designee, Al Cox from Planning and Zoning be asked to join the group because of his particular talents, and Assistant City Manager Evans. In addition, Councilman Speck will also serve on this group.

(A copy of a letter from Mr. Faber is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (d); 1/11/00, and is incorporated herewith as part of this record by reference.)

(e) Councilman Cleveland noted that he received a memorandum from Registrar Beidler requesting that he announce that the Republican Presidential Primary will be on February 29, and the registration books will close on January 31.

(f) Mayor Donley noted the opening of the new Charles E. Beatley, Jr. Library which was attended by over 500 citizens on Sunday, January 9. He personally thanked all of the donors who contributed to the Library Foundation, as well as all of the staff who helped make it all happen. The library will officially open the last week in January.

(g) Mayor Donley announced that Business Development Outlook has ranked Alexandria number five in the nation as one of the best places to do business.

(A copy of an AEDP news release dated December 21, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (g); 1/11/00, and is incorporated herewith as part of this record by reference.)













ORDINANCES AND RESOLUTIONS (continued)

19. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement No. 56 to the Code of the City of Alexandria, and to provide for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes. [ROLL-CALL VOTE]

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the Ordinance on its First and Second Readings. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4100

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. 56," are hereby adopted as and shall constitute "The Fifty-Sixth Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Fifty-Sixth 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 February 24, 1999, and October 16, 1999, inclusive, 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 February 24, 1999, 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 February 24, 1999, and October 16, 1999, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Fifty-Sixth 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 Fifty-Sixth 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 city clerk, and such code, as amended and supplemented, shall be kept on file in 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.

KERRY J. DONLEY
Mayor

Introduction: 1/11/00
First Reading: 1/11/00
Second Reading: 1/11/00
Final Passage: 1/11/00
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20. Consideration of Resolution Authorizing the Donation of Surplus Firefighter Breathing Apparatus to the Virginia Department of Fire Programs. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated January 2, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/11/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution authorizing the City Manager to donate this surplus equipment to the Virginia Department of Fire Programs. The voting was as follows:

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

The resolution as adopted reads as follows:



RESOLUTION NO. 1943

WHEREAS, the Virginia Department of Fire Programs administers the Fire Programs Fund for the improvement of volunteer and salaried fire service operations in eligible counties, cities, and towns; and

WHEREAS, the Virginia Department of Fire Programs has distributed approximately $1.6 million to the City of Alexandria since the inception of the Fire Programs Fund on July 1, 1985; and

WHEREAS, the Alexandria City Council recognizes the importance of these grant monies, which have allowed the Fire Department to upgrade fire-service equipment, including the purchase of new 60-minute air bottles used by Alexandria firefighters; and

WHEREAS, the Virginia Department of Fire Programs has requested that surplus 30-minute air bottles be donated to their agency and distributed to small, rural fire departments in the Commonwealth; and

WHEREAS, the Fire Department has accumulated 222 surplus 30-minute air bottles, since selecting and purchasing new 60-minute air bottles in 1997 and 1998; and

WHEREAS, the Fire Chief has recommended that these surplus air bottles be conveyed to the Virginia Department of Fire Programs.

NOW, THEREFORE, BE IT RESOLVED that this resolution authorizes the City Manager to convey the Fire Department’s surplus air bottles to the Virginia Department of Fire Programs.
* * * * *

21. Consideration of a Resolution to rescind Resolution No. 442, which sets out rules governing the speaking by members of the public at city council meetings, and to adopt new rules which largely parallel but contain some revisions to the rules in the rescinded resolution. [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated January 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 1/11/00, and is incorporated herewith as part of this record by reference.)

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

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

The resolution as adopted reads as follows:

RESOLUTION NO. 1944

WHEREAS, Resolution No. 442, adopted November 12, 1975, established certain rules of procedure, orders of business and schedules for meetings of the City Council; and

WHEREAS, it is necessary and desirable to amend Resolution No. 442 to conform to the present practices of City Council and for other purposes;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria:

Section 1. Schedule for Meetings and Official Events. That the following schedule for City Council meetings and other official events be, and the same hereby is, adopted, and shall be supplemental and in addition to the applicable provisions contained in The Code of the City of Alexandria, Virginia, 1981, as amended:

1. The City Council shall, except during the months of July and August, hold regular meetings on the second and fourth Tuesdays in each month at 7:30 p.m.; provided, however, that when any such day shall fall on a legal holiday, the meeting shall be held on the next succeeding day.

2. The City Council shall, except during the months of July and August, hold regular public hearing meetings on the Saturday following the second Tuesday in each month at 9:30 a.m.; provided, however, that when such day shall fall on or within three days of a legal holiday, the meeting may be held on the Saturday preceding the fourth Tuesday of the month.

3. Special meetings of the City Council, held in lieu of or in addition to regular meetings, may be held at any time as provided for in section 2-1-43 of The Code of the City of Alexandria, Virginia, 1981, as amended.

4. At the first regular meeting in September of each year, City Council shall approve a calendar of City Council meetings and other official events for the entire year, from September through June, including any neighborhood meetings that are planned, and may, from time to time, amend the calendar as deemed desirable.

Section 2. Order of Business for Regular, Public Hearing and Special Meetings. That the following Order of Business for City Council meetings be, and the same hereby is, adopted, and shall be supplemental and in addition to applicable provisions contained in The Code of the City of Alexandria, Virginia, 1981, as amended.

1. At regular meetings the order of business shall be as follows:

(a) Calling the roll.
(b) Invocation. (d) Report of the City Clerk.
(e) Proclamations.
(f) Reports and recommendations of the City Manager.

(g) Reports and recommendations from boards, commissions and committees. (i) Ordinances and resolutions.
2. At public hearing meetings, the order of business shall be as follows:

(a) Calling the roll.
(b) Public discussion period (30 minutes).
(c) Public hearing on reports of boards, commissions and committees.
(d) Public hearing on reports and recommendations of the City Manager. (f) Other business.
(g) Executive sessions.

3. At special meetings, the order of business shall conform to the order established for regular or public hearing meetings, as appropriate, or shall be established in the notice of the meeting, as provided by section 2-1-43 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 3. Rules of Procedure for Regular, Public Hearing and Special Meetings. That the following rules of procedure for regular, public hearing and special meetings of City Council be, and the same hereby are, adopted, and shall be supplemental and in addition to applicable provisions contained in The Code of the City of Alexandria, Virginia, 1981, as amended:

1. All supporting reports, documents or material shall be delivered to each member of Council at least 48 hours in advance of the meeting.

2. All supporting reports, documents or material, other than material exempt from disclosure under the Freedom of Information Act, shall be available to the public at the time such material is delivered to the members of Council.

` 3. The public will normally not be recognized to speak on docket items at regular meetings. The rule with respect to when a person may speak to a docket item can be waived by a majority vote of council members present, but such a waiver is not normal practice. When a speaker is recognized, the rules of procedures for speakers at public hearing meetings shall apply. (See also paragraph 7 below.)

4. One or more consent calendars, comprised of docket items deemed to be routine and housekeeping in the discretion of the City Council or City Manager, shall be prepared for each meeting at the direction of the City Manager. Adoption or approval of the entire consent calendar, including all items on the consent calendar, shall require only a single vote by City Council; provided, that upon the request of a member of the Council, any item on a consent calendar shall be voted upon separately; and, provided further, that upon the request of a member of the public, any item on a consent calendar for a public hearing meeting shall be heard and voted upon separately. A consent calendar shall not include ordinances docketed for public hearing, second reading and final passage, resolutions or other items requiring a roll-call vote by Council.

5. If the City Clerk, at least two days before a meeting, shall transmit to each member of the City Council, at the member's business or residence address, a copy of the minutes of a previous Council meeting for inspection, reading thereof before the City Council assembled may, upon motion, be dispensed with and such minutes may be acted upon.

6. At all meetings the City Manager shall, where reasonably possible, arrange the docket so that items covering similar subject matter are grouped together.

7. The first 30 minutes of a public hearing meeting will be open for public discussion on any subject not on the public hearing docket. The mayor may grant permission to a person who is unable to participate in public discussion at a public hearing meeting, for medical, religious, family emergency or other similarly significant reasons, to speak at a regular meeting. When such permission is granted, the rules of procedures for public discussion at public hearing meetings shall apply. Guidelines for the public discussion period shall be as follows:

(a) All speakers must complete a speaker request form and submit the completed form to the City Clerk by the time the item is called by the Clerk.

(b) No speaker will be allowed more than five minutes, and that time may be reduced by the mayor or other presiding member of Council.

(c) If more than six speakers are signed up, or if more speakers are signed up than would be allotted for in 30 minutes, the mayor will organize speaker requests by subject or position, and allocate appropriate times, trying to ensure that speakers on unrelated subjects will also be allowed to speak during the 30-minute public discussion period.

(d) If speakers seeking to address City Council on the same subject cannot agree on a particular order or method that they would like the speakers to be called, the speakers shall be called in the chronological order of their request forms’ submission.

(e) Any speakers not called during the public discussion period will have the option to speak at the conclusion of the meeting, after all docketed items have been heard.

8. Any speaker wishing to address City Council shall register his or her intent to do so on a speaker request form filed with the City Clerk in advance of the time that the item about which the speaker wishes to speak is called on the docket, or in advance of the public discussion period. The speaker request form shall be substantially in the form attached hereto.

9. The order of speakers shall be determined by the mayor or other presiding member of Council.

10. A speaker shall limit his or her remarks to five minutes and shall speak only once on any docket item. The mayor or other presiding member of Council may allow rebuttal for a total of no more than five minutes, and a proponent may also speak during the time allowed for rebuttal. A speaker requiring more than five minutes for his or her presentation shall notify the City Clerk in writing before 5:00 p.m. of the day preceding the date of the meeting of the additional time required, together with the reasons. Council may, by consent of a majority of those present, grant additional time not to exceed fifteen minutes. Additional time for rebuttal shall not be allowed. A speaker shall be stopped if his or her comments become irrelevant or unnecessarily repetitious.

11. Speakers are encouraged to prepare and deliver to the City Clerk for distribution to the Council written statements of their positions.

12. The City Clerk shall arrange for a timekeeper to assure that each speaker stays within the allotted speaking time.

13. When voting on final passage of any ordinance, or on any resolution, the name of each member of City Council voting and how the member voted shall be recorded by the City Clerk.

Section 4. Miscellaneous provisions.

1. The Schedule of Meetings, Order of Business and Rules of Procedures adopted by this resolution shall not be departed from, except upon the consent of the majority of the Council members present.

2. The Schedule of Meetings, Order of Business and Rules of Procedure adopted by this resolution, unless otherwise required by law, shall be directory only, shall not have the force or effect of law, and a departure therefrom shall not be construed to invalidate any Council proceeding, decision or action.

3. This resolution shall become effective on January 12, 2000.

Section 5. Repeal. That Resolution No. 442, adopted November 12, 1975, relating to rules of procedure, orders of business and schedules for meetings of the City Council be, and the same hereby is, repealed.

Attachment

SPEAKER’S FORM

DOCKET ITEM NO. _______

PLEASE COMPLETE THIS FORM AND GIVE IT TO THE CITY CLERK
BEFORE YOU SPEAK ON A DOCKET ITEM.

PLEASE ANNOUNCE THE INFORMATION
SPECIFIED BELOW PRIOR TO SPEAKING.

1. Name ______________________________________________________________

2. Address ____________________________________________________________

3. Whom do you represent, if other than yourself? ______

______________________________________________________________________________

______________________________________________________________________________

4. What is your position on this item?
For ____ Against ____ Other ____________________________________

5. Nature of your interest in the item (property owner, attorney, lobbyist, civic interest, etc.)?

______________________________________________________________________________

______________________________________________________________________________

6. Are you receiving compensation for this appearance before Council?
Yes ____ No _____

This form shall be kept as a part of the permanent record in those instances where financial interest or compensation is indicated by the speaker.

A maximum of five minutes will be allowed for your presentation. If you have a prepared statement, please leave a copy with the Clerk.

Additional time not to exceed 15 minutes may be obtained with the consent of the majority of the council present, provided that notice requesting additional time with reasons stated is filed with the City Clerk in writing before 5:00 p.m. of the day preceding the meeting.

The public normally may speak on docket items only at Public Hearing Meetings, and not at Regular Meetings. Public Hearing Meetings are usually held on the Saturday following the second Tuesday in each month; Regular Meetings are regularly held on the second and fourth Tuesdays in each month. The rule with respect to when a person may speak to a docket item can be waived by a majority vote of council members present, but such a waiver is not normal practice. When a speaker is recognized, the rules of procedures for speakers at public hearing meetings shall apply.



In addition, the public may speak on matters which are not on the docket during the Public Discussion Period at Public Hearing Meetings. The mayor may grant permission to a person, who is unable to participate in public discussion at a Public Hearing Meeting for medical, religious, family emergency or other similarly substantial reasons, to speak at a regular meeting. When such permission is granted, the rules of procedures for public discussion at public hearing meetings shall apply.
Guidelines for the Public Discussion Period

(1) All speaker request forms for the public discussion period must be submitted by the time the item is called by the City Clerk.
* * * * *

OTHER

22. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated January 6, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 1/11/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley noted that he will not be attending the Community Meeting at Cora Kelly on February 17, nor the George Washington Birthday Parade on February 21, as he will be out of town.

Councilman Speck will be out of town on March 4, the St. Patrick's Day Parade day.






WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the City Council calendar and added the following to the calendar: (1) the George Washington Birthday Parade on Monday, February 21 at 1:00 p.m., (2) added the St. Patrick's Day Parade on Saturday, March 4, at 12:30 p.m., and added the groundbreaking for the new Animal Shelter to be held at 8:30 a.m. at the site before the Public Hearing Meeting to be held on Saturday, January 22. The voting was as follows:

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

CONTESTED APPOINTMENTS

23. Alexandria-Caen Exchange Commission
1 Representative From the Alexandria Public Schools

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

NAME ENDORSED BY:

Gregory Jones* Alexandria Public Schools
(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. 23; 1/11/00, 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 Gregory Jones as a Representative of the Alexandria Public Schools to the Alexandria-Caen Exchange Commission. The voting was as follows:

Donley - Jones
Euille - Jones
Cleveland - Jones
Pepper - Jones
Rich - Jones
Speck - Jones
Walker - Jones
* * * * *







24. Alexandria Commission on Aging
1 Citizen Member

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

NAME ENDORSED BY:

Scott Frey*

Arlene Gonzalez

Clarence Pittman

*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. 24; 1/11/00, 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 Scott Frey as a Citizen Member to the Alexandria Commission on Aging. The voting was as follows:

Donley - Frey
Euille - Frey
Cleveland - Frey
Pepper - Frey
Rich - Frey
Speck - Frey
Walker - Frey
* * * * *

25. Alexandria Consumer Affairs Commission
1 Citizen Member

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

NAME ENDORSED BY:

Richard Castelli

Stephen Moss
* * * * *

(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; 1/11/00, 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 Stephen Moss as a Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:

Donley - Moss
Euille - Moss
Cleveland - Castelli
Pepper - Moss
Rich - Moss
Speck - Moss
Walker - Castelli
* * * * *

26. Alexandria Convention and Visitors Association, Inc. Board of Governors
1 Representative From the Alexandria Hotel Association

(The following person volunteered or was recommended for appointment to the above Board of Governors:)

NAME ENDORSED BY:

Wanda McKeon* Alexandria Hotel Association

*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. 26; 1/11/00, 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 Wanda McKeon as a Representative from the Alexandria Hotel Association to the Alexandria Convention and Visitors Association, Inc. Board of Governors. The voting was as follows:

Donley - McKeon
Euille - McKeon
Cleveland - McKeon
Pepper - McKeon
Rich - McKeon
Speck - McKeon
Walker - McKeon
* * * * *






27. Alexandria Environmental Policy Commission
1 Citizen Member

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

NAME ENDORSED BY:

L. Anathea Brooks

Kevin DeBell

Marguerite Downey

Paula Potoczak Del Ray Citizens Association

Adrianna Ross
* * * * *

(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; 1/11/00, 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 one received a majority vote so there had to be a second balloting amongst DeBell, Potoczak and Ross. The voting was as follows:

Donley - Ross
Euille - DeBell
Cleveland - Potoczak
Pepper - Ross
Rich - Potoczak
Speck - Potoczak
Walker - DeBell
* * * * *
Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: No one received a majority vote; however, Mayor Donley changed his vote from Ross to Potoczak and thus the City Council appointed Paula Potoczak as a Citizen Member to the Alexandria Environmental Policy Commission. The voting was as follows:

Donley - Potoczak
Euille - DeBell
Cleveland - Potoczak
Pepper - Ross
Rich - Potoczak
Speck - Potoczak
Walker - DeBell
* * * * *

EXECUTIVE SESSION

28. Consideration of The Convening of an Executive Session to Discuss Personnel Matters Pertaining to the Hiring of A New City Manager, Pursuant to Virginia Code § 2.1-344(A)(1).

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 9:03 p.m., City Council convened an executive session to discuss personnel matters pertaining to the hiring of a new City Manager, pursuant to Virginia Code § 2.1-334(A)(1). The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, at 11:20 p.m., City Council reconvened the Meeting. The voting was as follows:

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

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

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

The resolution as adopted reads as follows:
RESOLUTION NO. 1945

WHEREAS, on this 11th day of January 2000, 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.
* * * * *

THEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, City Council moved that, within the next 15 days, the Council convene an executive session solely to review applications for the current City Manager's position, pursuant to Virginia Code § 2.1-344(A)(1). The voting was as follows:

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

Councilman Speck made the following Announcement of this future executive session:

Pursuant to Virginia Code § 2.1-344.1(B), I wish to announce that the Council will hold a closed meeting within 15 days of today solely for the purpose of reviewing applications for the position of Alexandria City Manager.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 11:23 p.m., the Regular Meeting of January 11, 2000, was adjourned. The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "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.
* * * * *
Public Notice

The dedication of the Alexandria Library's Charles E. Beatley, Jr. Central Library, 5005 Duke Street, Alexandria, Virginia, will be held on Sunday, January 9, 2000, at 3:00 p.m.
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