Meeting Minutes for Special Public Hearing Meeting (04/14/2008)

Special Public Hearing Meeting
Monday, April 14, 2008 - - 4:00 p.m.

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Present: Mayor William D. Euille, Vice Mayor Redella S. Pepper, Members of Council Ludwig P. Gaines, K. Rob Krupicka, Timothy B. Lovain, Paul C. Smedberg and Justin M. Wilson.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Ms. Harris, Communications Officer, City Manager's Office; Mr. Mason, Special Assistant to the City Manager, City Manager's Office; Police Captain Ogden; Deputy Police Chief Corle; Police Chief Baker; Ms. Boyd, Director, Citizen Assistance; Ms. Niebauer, Director, Office of Human Rights; Ms. Triggs, Director, Finance Department; Mr. Johnson, Director, Office of Management and Budget; Ms. Collins, Director, Human Services and Assistant City Manager; Ms. Smith-Page, Director, Real Estate Assessments; and Mr. Lloyd.

Recorded by: Jacqueline M. Henderson, City Clerk and Clerk of Council

OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of Council were present.

2. Public Hearing on the City Manager's Proposed Annual Operating Budget for FY 2009 (Including Schools and Proposed Tax Rates) and the Proposed Capital Improvement Program (CIP) for FY 2009-2014 (including the School CIP.) Adoption is Scheduled for Monday, May 5, 2008.

The following persons participated in the public hearing on this item:

1. David Pritzker, 4113 N. Garland Street, City representative to the Northern Virginia Regional Park Authority, spoke about what the NVRPA does for the community and noted that they make a substantial contribution to the quality of life in Alexandria, and the two regional parks in Alexandria - Carlyle House and Cameron Run Regional Park, are both first class operations. He said the City's investment in the NVRPA is a bargain for the City and the residents, and they represent 8.3 percent of the regional population.

2. William Dickinson, 805 N. Quaker Lane, City representative to the Northern Virginia Regional Park Authority, said they predicated their budget on the assumption of not asking for any increase or slight adjustment for population. He said the NVRPA has developed a five-year strategic plan, put out an annual report, and the budget and strategic plan correspond very much to the City's - it is a performance based budget, based upon the strategic plan. He said the parks are top grade and thought they could stand more usership, and feel it will pay off even more this summer as people stay closer to home. He said they have made minimal increases in fees, have increased volume of usership and while they have money to run the operation, they cover 80 percent of their operating costs by user fees. However, he said, they don't have enough capital by which to grow and they have tried to get money in Richmond through incentives and grants.

3. Vic Glasberg, 6 East Alexandria Avenue, said he is a homeowner and owner of a small business in Old Town, and he said Council should pass its budget and the City Manager's alternative budget, which comes close to meeting what needs to be done to permit them to remain a vibrant community that it wishes to be. He said there is obviously political difficulty for Council in contending with tax increases, and no one wants to pay taxes, but its what they pay to have an excellent civil society - they need it for the schools and the City.

4. Brenda D'Sylva, 2034 Eisenhower Avenue, City employee for 18 years, said she is speaking on behalf of the general scale employees, who are a critical part of the infrastructure of the City, often out of mind, sometimes out of sight, but without whom the City government would not function at the level of efficiency that the taxpayer has become accustomed. She said a memo from the Office of Management and Budget dated February 2008 noted that the general scale employees are compensated at 13 percent below the cost of living in the region. She said they want a five percent market adjustment increase, which is a minimum needed to provide a living wage in the community. She said they love the City and help run and maintain it and are asking for due compensation. She said other providers of City services have been adequately compensated for their duties and they would like to be compensated for their effort with a five percent market rate adjustment/COLA.

5. Mary Craige, 2034 Eisenhower Avenue, civilian employee with the Police Department, said City general scale employees market rate adjustments and in-steps have totalled 13 percent below the real cost of living since 2002, and many employees have fallen far behind area competitors for their job classifications and will lose money out of their paychecks effective July 1. She said that in 1997, the City adopted a compensation philosophy with a goal and promise that pay programs are intended to be competitive at a minimum with the average pay of comparative organizations in the primary labor market. She said that by the City's own admission, more than half of general payscale employees are at or near the bottom of the comparative benchmark for their job classification, and general scale employees have continued to slip below the market average due to low or no cost of living and/or market rate adjustments, and City COLA's have not kept up with the inflation rate. She asked why this has been allowed to happen and what is Council prepared to do to remedy the situation. She said the City needs to rectify the pay disparity by offering an adequate cost-of-living increase that meet the 2007 inflation rate of five percent.

6. Stacey Herzlinger, 2034 Eisenhower Avenue, asked Council to reconsider renewing the contract with United Healthcare. She read an excerpt from an appeal of an adverse decision dated September 3, 2007, regarding her health problems resulting in surgery and said they denied her requests to cover her benefits, and she knows she is not the only one that had problems with United Healthcare.

7. James McCoy, 2034 Eisenhower Avenue, said he has been a City employee for 17 years, and his job is to coordinate repairs and maintenance for the Police Department, and two of them work to cover the 300 cars in their division. He said some Police Departments in the area pay Police Officers and Sergeants to do what he does, and he costs $20,000 less than a Police Officer or Sergeant does. Mr. McCoy said the most important pay decision Council makes each year is the cost-of-living adjustment for City workers, and he used to have free health insurance, but now he has to pay a lot. He said they should not have to wait and hope every year for a decent COLA. He said inflation went up by five percent last year and that means he has to pay a whole lot more for things his family needs, and the employees need a five percent COLA.

8. Dora Todd, 2034 Eisenhower Avenue, said she is a grade two and has been with the Police Department since October 2004, she lives in Old Town and has to work two jobs to support herself and she still can't make it. She asked for a five percent COLA.

9. John H. Morehead, Jr., 16605 Mannington Road, Accokeek, Maryland, president, Black Fire Service Professionals of Alexandria, Virginia, spoke in support of the City Manager's alternative budget, and said they are understaffed, underpaid and falling further behind the neighboring jurisdictions and said they are lean to the breaking point, and yet they continue to provide the extraordinary services the citizens demand. He said they do not meet the Northern Virginia agreement for mutual aid, and this almost cost the lives of firefighters who spent time in a hospital and may have cost the lives of civilians if not for the valiant efforts of an understaffed Fire Department. He said they cannot compete with the neighboring jurisdictions who have better pay, better hours and who have committed to up-to-date staffing if the City does not commit to the needed resources to bring the Alexandria Fire Department on a level equal with their neighbors.

10. Joseph Seskey, 3010 Colvin Street, immediate past president, Alexandria Police Association, said the organization supports any market adjustment for its members, but what they support more is fixing what is broken. They are appreciative of working with consultants Watson Wyatt, and said proposals for the consultant work or what will be a result of the consultant work is that it will cost money to fix the system, and they support setting aside monies or funding in advance of the report coming out. He said they do not support one time bonuses.

11. Patrick Coza, 2001 Mill Road, president, Sheriff's Association, said they are in complete support of what Sgt. Seskey said and would like to see the City move forward on it. Mr. Coza said the current proposed increase in health care costs, as well as increases in real estate taxes, have had a dramatic effect on everyone's finances, and current health care costs for family plans are increasing by $35 bi-weekly, and real estate taxes in most jurisdictions are increasing from $200 to $400 yearly. The one percent market rate adjustment will not cover the health care costs, let alone other economic factors. Mr. Coza said they have a great group of employees that do a fantastic job for the City, and it is time for Council to pass a full market rate adjustment for everyone.

12. Phillip Perry, 4600 Duke Street, Suite 429, representing Alexandria Firefighters Local 2141, said local president John Volmer could not be present because of an illness, and said the firefighters support and echo the comments made previously by the other public safety officials regarding pay and benefits needed for the public safety employees. He spoke of the request from Chief Thiel for the three safety officers that are presently needed, which is phase one of what they would like to consider an on-going development in increased staffing for the Fire Department. He asked Council to recognize the gravity of their situation and act on it before any more of the members are injured or killed. He said the members are in danger anytime they enter a fire, but are in even more danger than the neighboring jurisdictions because of the substandard staffing levels. He said that when Chief Thiel asks for more firefighters, the request is not for an added luxury, but to bring the capabilities up to a level that should have been met years ago.

13. Sean McGowan, 3010 Colvin Street, Alexandria Police Benevolent Association, formerly the Police Union, speaking on the pay system, said it has completely broken down. He said his unit has 10 officers with one sergeant, and the sergeant they work for makes less than all but one of the officers he supervises. He said the minimal market rate adjustment, as the one percent proposed, help break the system and continue to cause them to fall behind in the market. He said the membership is frustrated by the amount of time it takes to address the problems. He said the Watson Wyatt study should be completed by FY 2010 and the recommendations will be very expensive. Providing less for employees in this budget will continue to raise the cost of the fix. Rising health costs will take the one percent COLA and more for many of the members. He urged Council to consider a higher market rate adjustment and additional benefits for the employees, such as increases in leave accrual rates and sick leave buy-outs toward retirement, clothing allowances and others. He said they look forward to the next general Council election in 2009, as the Alexandria Police Benevolent Association will be extremely active in the political process and have funds, support and manpower available to candidates who become involved in the political screening process.

14. Nina Randolph, 424 N. Union Street, volunteer and supporter of Healthy Families Alexandria, which is a program of Northern Virginia Family Service, spoke of her commitment to support Healthy Families Alexandria, and she said it lies in knowing the critical importance of a mother receiving timely prenatal care and for a family to receive caring guidance in nurturing their child to a healthy start in life. She thanked Council for its support in the past for the Children's Fund, the Youth Fund and the Community Partnership Fund. The non-profit agencies that receive grants from these funds provide valuable cost-effective services that directly benefit residents of the City. She asked for Council's continued support for the funds and for early childhood programs, including Healthy Families Alexandria.

15. Richard Estes, 2034 Eisenhower Avenue, spoke about the general employees and the necessary jobs they do. He said it was recently reported that the inflation rate for 2007 in the Washington region was estimated at 4.9 percent, and this affects everyone, but it affects the general employees even more so. It was also reported that the general employees pay is now 13.8 percent the cost of living in the region since 2002. He said general employees were denied an additional step at the end of the pay scales last year because it was said the City could not afford both a 1.5 percent COLA and a "Q" step, and now the City is studying compensation and pay structures with the hope of implementing changes for FY 2010, but one can't pay bills and put food on the table based on a study that recommends a pay increase a year from now. Mr. Estes said 57 percent of the general schedule employees make less than $60,000 a year, 36.9 percent make less than $50,000 and 27.5 percent make less than $40,000. He said there are nearly 700 signatures on the petition they have passed around.

16. Stanley Bullock, 3000 Fox Laier Drive, said the general City employees need to have at least a five percent COLA raise so they may feed their families and live everyday and provide great service to the taxpayers of the City.

17. Bill Harris, 1106 Tuckahoe Lane, chair of the Commission on Aging, speaking for senior adults, said that in 2000, there were about 11,000 people 65 years or older, and by 2010, there are going to be over 15,000, which is a 32 percent increase in the number of seniors. He said they need to find out what is best for the seniors, so last Fall, the Commission selected a theme, "Making Alexandria a Livable Community for All Ages," and have scheduled a forum for service providers to talk about the needs and what might be done to meet the needs. He said they are making an effort, but lack the skills and experience to develop an action plan. Mr. Harris said that in February, he wrote a letter to the Council, in which it asked three things. It said they wanted to appoint one person in each City department to be the lead person for the issues dealing with seniors, at no cost. The second thing was to appoint a task force of concerned and knowledgeable citizens to help study the issue and assist and develop a plan, at no cost. The third, with a little cost, is for a consultant to help bring expertise and leadership to the efforts of the Commission and their City staff to help develop a plan, which is what is proposed in budget memo #86, and he urged approval of the third option, which is to hire a research company or an academic consultant.

18. Carl D. Behnke, 513 W. Windsor Avenue, president of the board of Senior Services of Alexandria, said that last year, he noted that the public/private partnership that exists between the City of Alexandria and Senior Services is a model of effective and economic delivery of services for the seniors of Alexandria. He urged Council to fund $50,000 for a consultant to conduct an in-depth needs analysis of seniors in Alexandria. He asked Council to focus on the need for expedited transportation services for the seniors. One viable alternative is to fund the senior taxi, so that seniors can use the service for trips other than grocery shopping and medical appointments. He urged that all direct more of their attention to the needs of a very growing and deserving group of senior citizens.

19. Charmaine Ingleton, 2034 Eisenhower Avenue, said she is a dedicated, hard-working member of the Police Department and said cost of living is high and there are great employees, and they are asking for five percent.

20. Cathy Gary, 2034 Eisenhower Avenue, said she is a City employee and lives in Fredericksburg, and she noticed that the cost of living in Fredericksburg has gone up. She said she's been working in the City for 15 1/2 years and has not seen a five percent increase, whether a COLA or market value increase, and she would like to see that by all City employees and civilian workers. She said the employees serve the citizens every day and asked that the Council give them a five percent raise.

21. Cheryl Fuller, 2034 Eisenhower Avenue, said she works with one of the hardest working and under-appreciated group of City employees - the Alexandria Parking Enforcement Unit. She said $148,588 is the amount of revenue generated from booted vehicles last year, and there were 79,630 citations written last year. This number multiplied by the average $40 ticket gives a ticket of $3,185,000 in citation revenue, and these figures total $3,337,088 in revenue earned last year. She said this revenue alone totals over half the money required to give the general City employees a five percent market rate adjustment. She asked Council to take care of the employees who take care of the City.

22. David Barnickle, 2034 Eisenhower Avenue, said the City government is financially sustainable, provides excellent services that are valued by its customers and engages the entire community as it plans for the future. A devoted and dedicated workforce should be their greatest resource as put forth in the mission of the City, but nowhere in the mission statement did it say anything about appreciating their most valued asset. He said each day, he sees how hard those around him work, not only in his organization, but throughout the City. He said it is time for Council to take a step back and analyze how successful the City is and will be in the future. He said they focus on providing service for the customers, yet are unwilling to acknowledge and provide for their own workforce. He said it is time to take a hard look and show how they compensate them fairly.

23. Mike Nardolilli, 4022 Hummer Road, president, Northern Virginia Conservation Trust, said they are proud of their successful public/private partnership with the City and their record of saving nature. He thanked Council for its support and investment in the Trust, as it has enabled them to preserve four parcels in Alexandria totalling eight acres of open space. He said NVCT is committed to assisting the City in achieving the 100 acre goal of new open space and the Federal and State income tax benefits are an important tool to reach that target. The City Manager's budget proposes continuing their successful public/private partnership in FY09 and NVCT looks forward to continuing to assist the City in implementing the open space plan and working with the Alexandria Open Space Advisory Group. He said the City has an opportunity to make an appointment to the NVCT Board to replace David Speck, who earlier stepped down.

24. Tony Davis, 2001 Mill Road, representing the Sheriff's Association, said the Sheriff's Office Association supports everyone in the room in regard to the COLA or market rate adjustment. He said the Council received a package of information from the Sheriff's Association recently concerning the pension and retirement plans associated with the Sheriff's Office, as well as Fire EMT's and the Fire Marshals. He noted that what has happened is that in 1990, through Council resolution, there was a policy placed in effect that said compensation for pension plans would be equal to all public safety - it was 22.35 percent, but what has happened is that the Police and Fire Department contributions will be increased by four percent, and yet there is no reflection or increase for the Sheriff's Office retirement, Fire Code or EMT's. He noted that City Council and the City Manager's Office has always been fair and equitable, and in this case, there is inequity of why would it increase one section of public safety and not increase the other section.

25. Bill Reagan, 801 N. Fairfax Street, #402, executive director, Alexandria Small Business Development Center, said the thing the SBDC hears most often from businesses is that they wish they had known about the small business development center years ago, as it would have saved them a lot of time, money and aggravation. The City, the SBDC and the AEDP are putting together steps to identify the SBDC as the City's small business assistance resource, and they hope when that is in place to be able to reach more of the 9,000 businesses in the City with fewer than 20 employees. The SBDC staff works one to one with businesses to help them solve problems, improve operations, help them plan strategically to find new markets and to help improve operations, but the small staff is stretched to help meet demands. He said they are asking for $100,000 additional funding for the SBDC to a level of $220,000, noting that over the years, they have used their funding efficiently and have generated an impressive return on investment. He said with total City funding in that period of a little over $600,000, their clients have reported that they have increased their sales by $63 million and have created over 1,600 new jobs.

26. Heather Stouffer, Mom Made Foods/Choice Organics for Children, 107 S. West Street, #453, said she founded her company in May 2006 and first contacted the Alexandria Small Business Development Center in January 2006 with questions on her business planning and was blown away by the level of expertise, advice and help that existed within the SBDC and said the SBDC has been there for her all along the way, have saved her time and helped her strengthen the business in many ways. She said that as a small business owner starting from scratch and building a national brand, she appreciated all that they do and hoped they could continue to offer it to small businesses.

27. Nancy Belmont, 816 A N. St. Asaph Street, Belmont, Inc., spoke in support of the Alexandria Small Business Development Center increased funding. She said she has sponsored events for SPDC and is a supporter of them in in-kind services and financially. She said she didn't know where Belmont would be today without the support of the SBDC. She asked Council to think of the investment in the SBDC a little differently - they are entering the economic downturn and Council has bought into the Economic Sustainability Workgroup Report and all are on-board with the vision of creating a 21st Century thriving community. She said what makes Alexandria so special is all the unique entrepreneurs, and they can't do it without the support of an organization such as the SBDC.

28. Nora Partlow, owner, St. Elmo's Coffee Pub, 2300 Mt. Vernon Avenue, said she has been in business for 12 years and has been an SBDC client since 2004. She said they have played an important role in her success at St. Elmo's by connecting her with the Virginia Tech Masters in Business Administration Program and have done much for her. Currently, she said, they are also helping her over the tough economic condition, and she said that as a small business, she needs SBDC to be funded so they can continue to stay in business and contribute to the City tax base.

29. Moira Bindner, 4 Canterbury Square, #302, said her daughter is a student at Hopkins House Preschool Academy, and her daughter Katie's socialization skills, education and quality curriculum she received at Hopkins House is imperative to her. She said the program is an all-day program, from 7 a.m. to 6 p.m., and she didn't have to worry and be a distracted employee, trying to figure out what is going on with her daughter during the day. She said it is a very diverse program, and when choosing a program, she chose a program that represented the City of Alexandria. Hopkins House is a high quality program and is something she can afford. She asked for Council's support around the child care subsidy issue and investing in the kids in the class. She said if the recession does hit, there are more parents that could be in the position that she was in last November of losing and needing that child care subsidy.

30. Alison DeCourcey, 4220 Peachtree Place, said she is on the Youth Policy Commission, is the gift chair of the Women's Giving Circle of Alexandria, and she is on the Hopkins House Resource Development Committee. She said she has seen the two Alexandria's - the haves - those with the resources to thrive in their community, and the have nots - those who struggle to survive. Ms. DeCourcey said she feels fortunate to live in a caring community where the haves provide or offer vital support to those less fortunate, but still the economic disparity is within the City and how they play out in the long run have serious concerns to her. Speaking to early childhood care and education, she said there are vast changes and brain development that occur in early childhood. Children who do not benefit from quality preschool are at a significant disadvantage than their peers. Quality early education prepares all children for success in school, and is particularly beneficial for children growing up in low income families. She urged Council to support the efforts by Hopkins House and the Campagna Center and others to continue to support the child care fee subsidy assistance program.

31. Jeffrey Schwartz, Jakes of Old Town/Life is Good Store, 103 King Street, said he wished to speak on behalf of the Alexandria Small Business Development Center. He said his business just celebrated its first year anniversary and it was a phenomenal year, and on that day, he also celebrated his first year of experience in retail. He said that as someone who had no experience in retail, the SBDC has been a big benefit to him, as he has attended retail seminars, benefitted from a site visit, what he was doing right and what he would be doing better. He said that at the end of the day, he believed the goal to the extent practical was the return on investment, and the SBDC meets the return on investment test in the way it helps small businesses succeed and the benefit that results to the City. He urged Council to approve the requested funding for the SBDC.

32. Ted Johnson, senior vice president, Virginia Commerce Bank, 5140 Duke Street, said he has been on the board of the SBDC for four years. He said that six years ago, CEO Peter Converse saw the opportunity to be a senior funding partner with the SBDC, and it has not only been a community relations victory for the bank, but has been good business. The SBDC refers businesses to the bank - right now it has 10 customers who have up to $3 million in loans at the bank and deposits of between $300,000 and $400,000, and he said they also refer business to the SBDC. He said the SBDC is a great investment and he hoped that the City would increase the funding.

33. Kerri Chase, 4920 Brenman Park Drive, owner, Bright Start Learning Center, said she has been a client of the SBDC since 2004. She said SBDC guided her through the process of her dream of Bright Start Learning Center, and it is now a thriving business, and she noted the relationship she has as a mentor relationship. She said that without the SBDC, before she started the business, she would not have had access to the professionals that were on her side to show her how to get it all done. She asked Council to approve the funding they have requested.

34. David Horne, 1641 Mt. Eagle Place, vice chair of the Commission on Aging, asked for Council's support to hire a consultant to study the increase in the senior population, as its been estimated that the population of seniors will double in the next 15 years, and the things they have for seniors right now is very limited. He said they need to look ahead to see what they can do to make it possible for seniors to stay in Alexandria. Mr. Horne said the second problem is transportation, and there is a proposal to expand the senior taxi. He asked for Council's support for both of the programs.

35. Jack Sullivan, 4300 Ivanhoe Place, speaking on behalf of the Seminary Hill Association, said the All City Sports Facility is supposed to cost almost $12 million, and $5 million of it was to be raised by the Alexandria Capital Development Foundation. To date, little if any of that money has been raised, and now the City has $260,000 in the FY 2009 budget to hire a professional fundraising firm, and bringing in professionals changes significantly the nature of the City's participation in the project. For FY 2010, the City has almost $6.8 million programmed for the facility, and at the same time, the schools are being denied capital improvements. Polk Elementary will lose $1 million in capital improvements in 2009 and $4.5 million in 2010, and that is the same year the City plans to fund a stadium with a $100,000 press box. Patrick Henry School will lose $755,000 in improvements. He said the Seminary Hill Board Association unanimously passed a resolution asking Council to strike the appropriation of $260,000 in the FY2009 budget to hire a firm to do fundraising for the All-Sports Facility and to postpone any further planning or expenditure for the project until improvements in the economy allow them to meet pressing needs in capital improvements for the schools and other projects of a higher priority.

36. Bernard Kellom, 719 S. Fairfax Street, chair of the transportation committee of the Commission for Aging, spoke in reinforcement of the previous speakers concerning the two funding requests before Council. He said that in the Vice Mayor's initiative to create a plan of action to comprehensively address the tidal-wave of seniors in the City, the very modest step is the hiring of a consultant to put together a task force. The second is an expansion of the current Alexandria senior taxi service, and said the loss of driving capability drastically effects the older population and isolates the older people from the rest of society.

37. Rick Dorman, 2724 Kenwood Avenue, speaking on behalf of the Alexandria Chamber of Commerce, read from the City's vision statement and said the Chamber is excited about the vision and he said they support and work toward every day in their individual businesses and professional organizations. He said they support and compliment the City Manager, City staff and City Council for its hard work on the budget. He said that in this tough year, they are faced with significant management and policy decisions that will shape the City for years to come. The Chamber proposes that sound investment in economic development and growth will enable the City under some of the budget issues, while remaining true to the vision of 2015. The Chamber of Commerce has endorsed, when taken in its entirety, the concept set forth in the final report of the Economic Sustainability Workgroup, and the report speaks to increasing density at the metro stations and embracing new forms of development such as the Braddock Road plan and upcoming plans such as Landmark, Van Dorn and Alexandria Waterfront in a manner that drives increased revenue for the City to the expansion of the tax base. Mr. Dorman said the report also recommends that the City consider imposing a higher tax rate on commercial property, and while the Chamber acknowledges that the maximum tax rate advertised is modest, the Chamber recommends that Council reject the notion of imposing a commercial ad-on tax for commercial real estate. He said they suggest that instead of imposing the commercial ad-on tax, the City should adopt the advertised three cent increase on both residential and commercial property. A unified tax rate shared by both residents and businesses sends a strong message that Alexandria is ready to support and promote economic development that benefits all Alexandrian's.

38. Elizabeth Moon, 1110 W. Mason Avenue, chair of the Alexandria Chamber of Commerce, said Governor Kaine touts Virginia to be pro-business, and the imposition of a commercial ad-on tax will erode the hard-earned reputation. When neighboring jurisdictions are imposing commercial ad-on taxes at approximately 12 cents per $100 of assessed value, the City can position itself as a pro-business safe harbor in Northern Virginia by rejecting the notion of a commercial ad-on tax. Rejecting the tax will position the City to attract new businesses of all sizes, help establish corporate headquarters and entice retailers to newly developed mixed-use centers. She said that standing alone in opposition to the commercial ad-on tax, if marketed properly, will attract new businesses to the City, will build the economic base of the City, increase commercial uses and taxes proportionately to residential and provide future funding for enhanced City services that benefit all the City's constituents. The City must also look to protect and enhance the opportunities for small businesses. She said the local, individual shops do not have deep pockets of chain stores, and the commercial tax will have significant negative effects upon them. She said if the City imposes the commercial ad-on tax, the Chamber urges Council to consider the tax relief for smaller businesses recommended by the Ad-hoc Commercial Real Estate Tax Options Study Committee. She said the Alexandria Small Business Development Center is an effective economic development resource, and they encourage Council to provide additional funding of $100,000 to the SBDC. She said the City must continue to prioritize the capital improvement projects, placing an emphasis on committee projects and provide services such as the new permitting center, while increasing staff required to advance the planning and economic development initiatives to contribute to the growth and success of the City's economy. She said they applaud the creation of the City's permitting center, and they encourage the City Council to fund the staff positions required to commence planning for the waterfront and the West End in 2009.

39. Christine Michaels, 801 N. Fairfax Street, Suite 402, president, CEO, Alexandria Chamber of Commerce, said economic development includes quality of life issues that are important to Alexandria's vision of the future. Last year, the Chamber encouraged Council to make every effort to increase the amount of affordable housing, and they again ask Council to create and support affordable housing. She said that as new residential development is proposed, it is essential to create incentives for workforce and affordable housing opportunities. The Chamber also supports a public safety budget that promotes a safe City. The Chamber expressed gratitude to the City Manager for continuing to support a transparent budget process. The managing for results initiative has made performance more measurable and they encourage Council to apply similar processes to the CIP and other organizations and departments. The Chamber also supports implementation of the two studies investigating the current compensation system for City employees, the goal of which is to review best practices related to performance management, compensation and benefits. Ms. Michaels said that with respect to additional tax revenue anticipated through the NVTA, the Chamber believes it is the State Legislature's obligation to adopt laws that lawfully provide for the regional transportation needs of Northern Virginia, and they encourage the elected representatives in Richmond to reach a reasonable and lawful resolution to the issue, and they encourage the City to fully discuss the options for responding to the situation outlined in budget memo #14, should the General Assembly fail to act timely. She said the Chamber encourages the City to adopt multi-year financial forecasting to help the City plan appropriate strategies for the tough years to come, and they encourage the City to study the possibility and implications of special tax districts as a means of raising revenue required for capital infrastructure improvements targeted for enhancing economic development in desired locations. Examining future possibilities now will enable the City to maintain an equal rate between commercial and residential real estate taxes while developing more diversified revenue streams to address the cost of the CIP projects.

40. Mary Riley, 202 E. Alexandria Avenue, chair, Community Services Board, said Director Gilmore handed each member of Council a pie. She said she wanted to advocate for one position - the Parent Infant Education Program (PIE), and referrals have gone up 24 percent increase over the past four years. Children who are referred are being diagnosed with autism, and for almost every category of disability for the children, research shows that early diagnosis for children can lead to significantly improved outcomes, but they are staffing the program with only four employees - the same number as four years ago. The therapists have caseloads averaging 50-70 consumers, and most nationally recognized recommendations set 40 as the maximum. The PIE employees provided 45 percent more service hours than planned. This is a situation where working harder and smarter is not the answer and more resources are needed. She said they received notice that Alexandria's PIE program was ranked 40th out of 40 in the state, and if that continues, the State can withhold funds and seek recovery of funds. She said the Board believes that two additional staff members are needed to serve the growing number of PIE referrals, but they are asking for one position. She urged Council to approve the funding.

41. Marietta Robinson, 2034 Eisenhower Avenue, speaking on behalf of the general City salaried employees in reference to the cost of living wages, said she has worked for the City for 27 years. She said the majority of her 27 years has been with support units for the Police Department, and the tenured employees are at the end of their pay scales and will not benefit from future pay increases, therefore, the only increase they can look forward to is the cost of living wages. She said that because they are 13 percent below inflation, she felt a five percent COLA is a reasonable request.

42. Amy Flenniken, 2034 Eisenhower Avenue, speaking on behalf of general City employees, said that in March 2006, they learned that half the City general workforce was being paid below the Council's minimum benchmark pay levels. She said that at that time, sworn employees pay was increased five and a half percent, school employees received approximately eight percent pay increases, and in contrast, the general City employees received a much lower two percent market adjustment. She said that did not repair the overall problems with pay erosion, and it did not reverse the declines in the real cost of living. The new compensation study with Watson Wyatt does not provide a remedy for the immediate need, and that is that in 2007, inflation increased five percent, and that compounds the challenges of general workers already being 13 percent, the real increase in the cost of living in the region, and higher health insurance costs have affected all of them. She said the most important pay decision Council makes each year for all workers is related to the real cost of living in this area, and this is even more important when a large portion of the employees receive no pay increase because they are at the top of the scale. She said that six weeks ago, they formed a new general employee association, and 700 of the 1,600 general employees have signed the petition. She requested Council to approve a five percent COLA for general employees.

43. James Green, 2034 Eisenhower Avenue, said he has been in Alexandria for 55 years and has watched things changed, and Council has done a great job of bringing the City into the 21st Century. He said he worries how they obtained enough resources to bring them into the future, but they have not replenished the resources that got them there. He said his kids are at college age, and he couldn't afford to buy a house in Alexandria, so he had to move to Fairfax. He said he asked for a reclassification, but it was not in the budget, and he was in the position for 12 years. He said he and his wife both work for the City but still can't afford to live in the City.

44. Sharon Shackleford, 607 Johnston Place, preschool director for the Child and Family Network Centers, spoke for the 144 children and families they serve. She asked Council to ensure that the Child and Family Network Centers received sufficient funding to continue to serve the children that would not otherwise have a preschool experience. She said they serve 144 children, and two years ago they served 188, but with shrinking dollars had to cut back. All of the children qualify for free and reduced price lunch and none of the children qualify for the fee subsidy system. She said they rely on the children's fund to run the programs, which is between $9-10,000 per child to educate a preschooler, and they receive about $2,000 per child from the City. She noted they are struggling to maintain the current level of service they have now and are hoping to reopen the Charles Houston classrooms when the renovation is complete. Ms. Shackleford asked for Council to guarantee that those who wouldn't otherwise have a preschool will get one.

45. Amanda S. Henderson, 109 S. Jordan Street, president, Patrick Henry Parent Advisory Board, spoke on behalf of the renovation of Patrick Henry Rec, and stated that Patrick Henry does not have space for after school tutoring and there is no space for a quiet environment for the children. She said the bathrooms are not handicapped accessible and they have not been upgraded since the building was constructed. There is no service or activities for the seniors, adults or teenagers. There is no basic computer lab, the game room is only one room, there is no gym and no weight room. The staff is located in the rear, which compromises security. Ms. Henderson said the kids and community deserve better, and she asked for Council support in reinstating Patrick Henry in the FY 2009 budget.

46. Lucy Odoi, 5375 Duke Street, on the board of directors of the Patrick Henry Advisory Board, said the center needs renovation, and the center was placed in the budget for renovations and upgrade and the City removed it from the 2008 budget putting Charles Houston in its place. The condition of Patrick Henry is deplorable, the restrooms are decaying, fixtures are missing, there is only one bathroom for everyone. She said Mt. Vernon, Cora Kelly and Ramsay have been put in front of Patrick Henry, and she asked Council for the Patrick Henry Center to be put back in the budget and to be rebuilt.

47. Shawntae Sanders, 505 N. Howard Street, #404, Patrick Henry Parent Advisory Board, said space is a real issue. They house one of the largest groups of adolescents in the summer program and sometimes they turn away 50 kids because there is no space. The gym, when occupied by a group, makes the other groups find space in the hallways and outside, and they don't like to use the outside, as the cars and buses drive by. She said all the ages are grouped together and they need to be separated. She said Patrick Henry houses far more youth than Charles Houston and their numbers exceed Charles Houston by 300 youth annually. She reiterated on the safety problem at the center where the kids cannot be seen by the adults.

48. Blanca Leyva, 12139 Estallin Court, Lake Ridge, speaking for the Child and Family Network Centers, said they provide family services, which includes crisis intervention, casework counseling, referrals, development delays assessments and others, and she asked for money to maintain their program so they can continue to provide the services. She said that right now, there are three of them serving 144 families, and without the additional money, there may be less children next year.

49. Donna Bain, 3304 Landover Street, manager of the Health Services for the Child and Family Network Centers, asked for increased funding for early childhood education programs and specifically, the Child and Family Network Centers, who is in need of dedicated funding for the FY 2009. Without an increased commitment from Alexandria, they won't be able to continue to sustain their neighborhood based program at the current levels. She said many families return once their child is in public school and tell them how their children were excelling and how it wouldn't have been possible without the CFNC. She said a study compared families with children from low incomes who attended preschool with those who did not attend preschool and found significant differences once the children became 40 year old adults, and the impact was still evident with big differences in rates of incarceration, high school and college graduation, overall achievement and income levels. By investing in kids at an early age, they are accomplishing gang prevention, crime prevention, teen pregnancy prevention and improved social, welfare, health and education outcomes.

50. Claudia Castro, 1505 Colchester Road, Woodbridge, representing the 24 teachers from the Child and Family Network Center, thanked Council for its support. Early education is important for the children and is the foundation for the little ones. She said Barbara Mason is trying her best, but without Council's support and help, they cannot serve the low-income families. Council will be investing in something that is very productive. She said when children come from families who do not speak English, they start from zero and it is not easy to get out of the ESL program, and when she sees the children in their program that don't need to go to the ESL program, that is a lot.

51. Clarice Chandler, 108 N. Gordon Street, vice president, Patrick Henry Advisory Board, spoke of the diverse group of people who are moving into the Charles Houston area and the diverse group have different socioeconomic backgrounds than those previous residents who reside there. It has impacted the City's decision to remove Patrick Henry from the 2008 budget and to place Charles Houston in its place. The need at Patrick Henry is greater, as it turned down 50 or more youths during the summer program, therefore, they have youth out on the streets. It would be more feasible to have the children in positive programs than running in the street, so they are in dire need of more space and better facilities. She also spoke about the safety issue, and there were no staff at the front door, because they are housed in the back rear of the center, therefore, people could pick-up a child without anyone knowing about it. She asked for support of reinstating Patrick Henry Recreation Center back on the 2009 budget.

52. Tonya Johnson, 1522 Princess Street, speaking on behalf of the Child and Family Network preschool, said her daughter went through the program and it is an excellent program. She said she went from an assistant teacher to a lead teacher and is now at NOVA getting her degree. She asked for support of the Child and Family Network.

53. Julie Goodale, 493 Naylor Place, parent and PTA member, James K. Polk Elementary School, speaking on behalf of Jeffrey Zack, PTA president, said they are encouraged that the budget contains significant funding for Polk in the upcoming year. Replacing the HVAC system is of utmost importance to them, fixing the room and resurfacing the playground eliminated safety issues, and they cannot be happier about the funds for an architectural study for a new gym. Their concern with the gym lies with the lack of funding in 2010 to complete the gym and HVAC projects. The gym addition was initially scheduled to be built in 2005, only to be deferred. The gym and the HVAC are now listed as unfunded under the new capital budgeting process. Presently, the multipurpose room that in addition to being used for PE is used for non PE functions, including voting stations, assembly space, after school care, picture days and many other events, including storing the folding chairs along the wall and it also houses the grand piano. Given the national obesity epidemic and the SOL goals put in place by the Commonwealth, they feel it is imperative that Polk be granted the funding for a new gymnasium, as well as the additional funding to finish the HVAC project in 2010.

54. Gene Kendall, 209 E. Luray Avenue, president, Alexandria Neighborhood Health Services, Inc., Arlandria Health Center, said their numbers are up and their money is down. They have a 77 percent increase in their client base in Alexandria over the last three years, with an 18 percent increase in City funding, which they are grateful for. They have asked for an increase in their base, and they also have a request for a supplemental for $95,000 for help cover their lease expenses. He said that starting next month, they are looking at an $8,200 a month lease that they will pay out of operating expenses, and they have met with Arlington County and have been told they will be considered in their budget request this year.

55. Lewis Wiener, 1275 Pennsylvania Avenue, Washington, D.C., attorney representing Advance America Cash Advance Systems, the nation's largest payday lending corporation, spoke to the ordinance as proposed by Councilman Wilson that would increase the business license tax rate applicable only to payday lenders and car title lenders. He said the memo on the item fails to account for recent legislative activity in Richmond in which the Virginia legislature specifically adopted revised payday lending legislation that was signed by Governor Kaine, and that legislation addresses the resolution enacted earlier by Council that asked that payday lending interest rates be limited to 36 percent, and that legislation specifically limited the interest rate applicable to payday lending to 36 percent and it extended the time that payday loan customers have to repay loans and limited the numbers of transactions that payday loan customers may get each year. He said that before Council enacts an ordinance that is specifically designed to penalize the payday loan and car lending industry, he suggested that Council allow the legislation specifically enacted to address this issue to go into effect. He said they dispute the data that this ordinance was based on and spoke about charges that banks charge for overdrafts on checks, credit card late fees and disconnect fees on utilities. He said the Council is projecting to recover $2,000 in fees and the cost to defend the lawsuit that is going to come as a result of the ordinance will far outstrip the cost of the fees the City hopes to garner as a result of enacting the ordinance.

56. Charniele Herring, 715 N. Ashton Street, representing the Youth Policy Commission, asked for three things for their children. The first is to approve the City Manager's proposal for the current level of funding for Human Services for the youth fund, the children's fund and the community partnership fund. The second is to approve the City Manager's alternative budget proposal for the child care fee subsidies, and the third is to approve an appropriation of $50,000 for the summer jobs program. She said it would be financially and fiscally irresponsible for them to not look at the child care subsidy as not just an expenditure, but as an investment and said they know hard cold facts about childhood education. The Commonwealth of Virginia uses the third grade reading level to determine how many prison cells to build - the thought is that if a child does not meet the third grade reading level, they will more likely end up in prison and less likely to complete high school. By the age of five, 95 percent of a child's brain has been developed, and if they do not invest in early childhood education, they are allowing children to develop at a halfway point. She said that with early childhood education, students complete high school at a successful rate, meaning they go on to college or technical school.

57. Geoffrey M. Goodale, 493 Naylor Place, representing the board of directors of the Brookville-Seminary Valley Civic Association, said that at a meeting last week, some issues were raised with respect to capital improvement projects for schools, and two schools are within the Brookville Seminary Association boundaries - James K. Polk Elementary School and Patrick Henry Elementary School and both schools are slated to take significant cuts in proposed CIP plans over the next several years. Polk Elementary will lose $1 million in 2009, and in 2010, it will lose $4.5 million for CIP projects, including the new gym. He proposed that next year, they try to have public outreach a little earlier in the process so the public and civic associations can give input to the City Manager as he is crafting his budget.

58. Marianne Hetzer, 604 N. Mansfield Street, said she is an ACPS alumni, parent and volunteer, and said she is pleased with the progress that has been made to bring the Superintendent's operating budget very close to the target proposed by the City Manager and is optimistic that the combination of expected additional State revenue, careful stewardship by ACPS administration and full funding of the requested City appropriation will guarantee a successful year of continued progress toward their goal of preparing every ACPS student for college or career. Ms. Hetzer said that if Alexandria's economic situation requires that additional revenue be generated in order to fulfill obligations to ACPS, she was willing to do her part as a taxpayer, but she urged Council to seek alternative means of generating revenue besides immediately looking to raise the property tax rates. They cannot consider budgets that do not include effective market rate adjustments for City and School employees. The new Police facility is the number one capital priority, but she noted how hard the City and school system have worked to catch up in terms of keeping the school buildings safe, comfortable and effective places to learn and work. Projects that are unfunded in 2010 and 2011 will force them to slip dangerously backward toward unsafe, uncomfortable and ineffective environments.

59. Julie Jakopic, 3210 Landover Street, board member of Hopkins House, spoke about the return on the investment made on children and said they know that the investment of one dollar in preschool education returns seven dollars to the community. She thanked Council for the efforts made last year, when new taniff regulations required the State move investments from early childhood education into serving taniff families and that cost the City funds, but the City stepped up and made sure the waiting list was met. Ms. Jakopic said the families they serve at Hopkins House are working families, many are low income and on average, a Hopkins House family makes $25,000 a year. Their average tuition cost is about $1,000 a month, and that is 50 percent of the pre-tax dollars the family would have to come up with. She said it is an investment in everyone's future. She asked Council to support the City Manager's alternative budget and fund child care preschool and child care subsidy at no less than the recommendation.

60. Susan Pettey, 220 N. Royal Street, representing the Alexandria Waterfront Committee, urged Council to allocate funds necessary to begin an updated waterfront plan and to continue that funding throughout 2009 and thereafter as needed. An updated waterfront plan has been delayed many times over the past seven years, while other priorities have always come ahead. One of the key recommendations of the Mayor's task force on economic sustainability is to create a world class waterfront, and another key recommendation is to increase the economic benefits generated by the tourist industry, and it would be difficult to achieve either of those objectives without a plan to guide land use and development along the waterfront. She said they applaud Council for the leadership in initiatives to improve the waterfront in relation to the tourist from National Harbor, however, members of the National Harbor Collaborative Task Force all recognize that those were only interim steps and were taken in anticipation of a more long-range improvement coming through the waterfront plan. Without a comprehensive plan in their hands today, it may already be too late to plan proactively to shape some significant development along the waterfront. She urged Council to budget adequate funding to support an updated waterfront plan and to move that plan to the front burner of the Planning Department's priorities.

61. Francis Chase, 1501 Cameron Street, president, Education Association of Alexandria, which represents administrators, support staff, bus drivers and cafeteria workers, said he received a lot of messages about the decision Council will make. He said other school districts are catching up to them, but if Council does the one percent and the step, it will put them almost behind a lot of areas. Mr. Chase said they have to look long-term, as teachers may look to not come to Alexandria for what Council may do.

62. Ernest Lehmann, 621 N. St. Asaph Street, said he is a senior, and in the Planning Department January 2008 demographic data report, he is listed as one of the 12 percent of seniors who are 65 or older, which is about one-quarter of the citizens. The seniors have seen what awaits them as they age, and as a result, they want another option - they want to stay in their own homes, they want to keep living in the same neighborhood, they want to be surrounded by the same friends and they want to age in place. He said that two days ago, he attended a conference sponsored by Fairfax County, the theme of which was reinventing your neighborhood, creating supportive communities for all ages, and with over 400 attendees, it was the most highly attended of its kind in the United States. One of the budget considerations is to fund a study of the needs of Alexandria senior citizens, and a study utilizing the skills and expertise of a reputable consultant to give them credible and substantive assessment would cost approximately $50,000. The study could identify what services presently exist, what services need to be added or modified or what services are no longer needed. He said they found that their own aging in place programs rely successfully on volunteers, and this means impact on public expenditures would be minimal. He urged Council to approve the request for funds for the study of the needs of the senior citizens.

63. Julie Crenshaw Van Fleet, 26 Wolfe Street, said that today, a business owner stopped her and asked her to please tell Council about the impact a tax would be added to the commercial establishments. The cost of food to the restaurant has risen incredibly - a $15 bag of flour now costs $30, and if the City ads a tax, it will create a terrible problem. She said Council needs to look at the macro and micro economics of what some of the taxing may do, as it could seriously backfire in a way not intended. Ms. Crenshaw Van Fleet said the all sports facility is not something that is needed, and $200,000 to hire someone to raise money for something most people don't want is ridiculous. She said people from Patrick Henry spoke of the deplorable recreation center conditions and that is where the $210,000 and any money raised should go. She noted that the City does not need the metal benches that Parks and Recreation purchases, and they have told them that they don't like them and they are uncomfortable, and they have been taking out the wood benches that are in good condition. She said she spoke with a health care professional about the benches and was told they are awful and they should use the wood. She said the one thing Windmill Hill Park does need is bollards or a rock on the east side south of Harborside, as she has watched trucks drive into the open space parking area and leave ruts in the mud, and she brought this to staff's attention a year ago. She said the Waterfront Committee has a professional scribe that has been hired by Parks and Recreation because they say their staff members cannot take adequate notes, and that is a waste of money, as taking notes at meetings should be a part of staff development. She said the department needs scrutiny and oversight and she suggested looking at the director's salary, look at the department, how they spend their money and the things they ignore.

64. Sherry Brown, 1600 Prince Street, said transportation should be about moving people and goods, not cars. She said she had several "aha" moments reading the Nigel Morris task force report, especially the recognition of the importance of the arts to the City's economy. She said they have seen the Americans for the Arts study results and experienced the arts impact on their quality of life, and that's why she felt sure Council would continue its investment in the arts in the budget. Despite welcoming visits from National Harbor, they need to get more Alexandrian's back to Old Town. She said they need the parking planner position, because if there is enough parking, they need to get the word out on where it is. She said perception of parking availability is an economic issue, so they need to assure that perception and reality are the same. She said she hoped Charles Houston is the City's last single purpose building. To make real savings in the budget, they need to look not just department by department but for ways to combine similar functions in one facility well provided with public transportation. For example, many in the arts community would like to see a City arts facility, and the new transportation plan calls for smart stations.

65. Maria T. Wildes, 3452 Martha Custis Drive, said in the Transportation and Environmental Services budget, Section 18, pages 10 and 11, the City has set aside two services - spring clean-up costing $180,000 and leaf collection costing over $375,000 to be delivered to a select class of fewer than 17,000 residents. The residents will pay a $281 fee for curbside refuse collection, however, the $281 fee does not cover any of the City's expenses for spring clean-up and leaf collection. Ms. Wildes said that this past week, the City provide spring clean-up for an area bounded by Mt. Vernon Avenue, Braddock Road and Quaker Lane. The City's brochure states this is a free service made available to residents who receive City refuse collection. In addition, the budget states that the City will provide vacuum and bag leaf collection for residential customers and the same free brown bag states that the bags are to be used only by Alexandria residents participating in the City's residential refuse collection program. She said it is 1957 all over again in Alexandria - separate and unequal services, which belong in the history books. She said that if the City cannot or will not provide spring clean-up and leaf collection services to all homeowners, the City has two options. One is to eliminate the services or to recover 100 percent of the cost through fees. Spring clean-up and leaf collection have a combined projected cost of $556,000. Recovering 100 percent of the cost will set the residential refuse fee at $314. Ms. Wildes said proclamations, resolutions, task forces and committees extolling the merits of affordable housing are cruel, heartless hypocrisies as long as these services are denied to homeowners in Park Fairfax, Park East, 4600 Duke and Watergate at Landmark. She said they are the ones paying for the free services provided exclusively to another class of homeowners. She asked Council to rectify the unconstitutional separate and unequal delivery of services this year without citizens having to resort to a lawsuit.

66. Richard Moose, 317 South St. Asaph Street, spoke on behalf of a modest amount of money to study the needs of Alexandria's aging senior population. He said Mr. Lehman spoke of the aging in place movement, and they have done a study of what is going on in that regard. Across the country, many communities voluntarily have come together and created aging in place communities villages. It is a wonderful way to provide the means by which seniors may remain in their own homes. He said if they are able to stand up something like it in Alexandria, they will be helping to pull together a number of public/private services that already exist and to point them in an efficient way toward the needs of seniors. A survey that gives them a better notion of the needs of the aging is a necessary first step for citizens and organizations to move ahead and try to put together a not for profit organization at no cost to the City that would serve a wide and growing group.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously, City Council closed the public hearing. The voting was as follows:

Krupicka "aye" Pepper "aye"
Gaines "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

3. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Increase the Business Professional and Occupational License Tax Rate Applicable to Pay Day and Car Title Lenders.

(A copy of the City Manager's memorandum dated April 9, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/14/08, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 4/14/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council 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. 3; 4/14/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson and seconded by Councilman Krupicka, City Council moved introduction of the ordinance to increase the business professional and occupational license tax rate applicable to pay day and car title lenders.

In response to a question from Councilman Wilson, City Attorney Pessoa noted the legal underpinning for the proposal, detailing the legal vulnerabilities it may have.

Councilman Krupicka asked the City Attorney to put his comments in writing prior to the public hearing.

The voting on the motion was as follows:

Wilson "aye" Pepper "aye"
Krupicka "aye" Gaines "aye"
Euille "aye" Lovain "aye"
Smedberg "aye"

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, the City Council special public hearing meeting of April 14, 2008, was adjourned at 7:48 p.m. The voting was as follows:

Gaines "aye" Krupicka "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

APPROVED BY:

_____________________________
WILLIAM D. EUILLE MAYOR

ATTEST:
___________________________________
Jacqueline M. Henderson, CMC, City Clerk

This docket is subject to change.

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