CONTESTED APPOINTMENTS
33. Alexandria Board of Architectural Review - Old and Historic District 2 Citizen Members (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Oscar Fitzgerald Caroline Maffeo Lynn Neihardt (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. 33; 6/24/03, 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 Oscar Fitzgerald and Lynn Neihardt as the citizen members to the Alexandria Board of Architectural Review. The voting was as follows: Donley - Fitzgerald, Neihardt Cleveland - Fitzgerald, Neihardt Eberwein - absent Euille - Fitzgerald, Neihardt Pepper - Fitzgerald, Neihardt Speck - Fitzgerald, Neihardt Woodson - Fitzgerald, Neihardt 34. Alexandria Budget and Fiscal Affairs Advisory Committee 3 Citizen Members (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Lisa Chimento Mark Feldheim Derick Hammond Andrew Hyman Kevin Kernan Cecilia Martinez Matthew Tallmer (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. 34; 6/24/03, 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 Lisa Chimento, Mark Feldheim and Matthew Tallmer. The voting was as follows: Donley - Chimiento, Feldheim, Tallmer Cleveland - Chimiento, Feldheim, Tallmer Eberwein - Absent Euille - Chimiento, Feldheim, Tallmer Pepper - Chimiento, Feldheim, Tallmer Speck - Chimiento, Feldheim, Tallmer Woodson - Chimiento, Feldheim, Tallmer 35. Alexandria Environmental Policy Commission 2 Citizen Members (The following persons volunteered for appointment to the above Commission:) NAME ENDORSED BY: Victor Addision, Jr. Jill Bennis James Lowenstern Michael Sherlock Elmer Yglesias (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. 35; 6/24/03, 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 Victor Addison, Jr. The voting was as follows: Donley - Addison Cleveland - Addison Eberwein - absent Euille - Addison Pepper - Addison Speck - Addison Woodson - Addison WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following result: No one received a majority vote for the second appointment; therefore, there had to be a second balloting. The voting was as follows: Donley - Lowenstern Cleveland - Sherlock Eberwein - Absent Euille - Yglesias Pepper - Bennis Speck - Bennis Woodson - Bennis WHEREUPON, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Jill Bennis. The voting was as follows: Donley - Lowenstern Cleveland - Bennis Eberwein - Absent Euille - Yglesias Pepper - Bennis Speck - Bennis Woodson - Bennis EXECUTIVE SESSION 36. Consideration of the Convening of an Executive Session for consultation with counsel regarding actual or probable litigation and other specific legal matters requiring the advice of counsel, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, and for discussing the annual performance review of the City Manager and City Attorney, pursuant to Section 2.2-3711(A)(1). WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland, and carried unanimously, at 11:30 p.m., City Council convened in executive session, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, for the purpose of consulting with legal counsel and staff with respect to the settlement of a property damage claim by FCR, Inc., against the City; and pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, for the purpose of discussing the performance during the past Fiscal Year of the City Manager and the City Attorney.The voting was as follows: Woodson "aye" Eberwein absent Cleveland "aye" Euille "aye" Donley "aye" Pepper "aye" Speck "aye" THEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland and carried unanimously, at 11:45 p.m., City Council reconvened the meeting. The voting was as follows: Woodson "aye" Eberwein absent Cleveland "aye" Euille "aye" Donley "aye" Pepper "aye" Speck "aye" WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland and carried unanimously, City Council authorized the City Attorney to settle the property damage claim which was the subject of the executive session along the lines discussed in the executive session; and approved receipt of the performance reviews, authorized the Mayor to meet with the City Manager and the City Attorney for the purpose of reviewing performance, and authorized the Mayor to negotiate a merit increase of five percent in either salary or non-monetary compensation. The voting was as follows: Woodson "aye" Eberwein absent Cleveland "aye" Euille "aye" Donley "aye" Pepper "aye" Speck "aye" WHEREUPON, upon motion by Councilwoman Woodson, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-0, City Council adopted the resolution pertaining to the executive session. The voting was as follows: Woodson "aye" Eberwein absent Cleveland "aye" Euille "aye" Donley "aye" Pepper "aye" Speck "aye" The resolution reads as follows: RESOLUTION NO. 2076 WHEREAS, the Alexandria City Council has this 24th day of June 2003, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.