Meeting Minutes for Regular Meeting (11/27/2007)

Regular Meeting
Tuesday, November 27, 2007 - - 7:00 p.m.

* * * * *

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; Mr. Baier, Director, Transportation and Environmental Services (T&ES); Ms. Boyd, Director, Citizen Assistance; Ms. Winey, Grants Coordinator, City Manager's Office; Ms. Bonds, Communications Director, City Manager's Office; Mr. Johnson, Director, Office of Management and Budget (OMB); Ms. Triggs, Finance Director; Mr. Coleman, Division Chief, General Services; Mr. Caton, Legislative Director; Ms. Wheel, Budget Analyst, OMB; Fire Chief Thiel; Mr. Penn, Emergency Management Coordinator, Fire; Ms. Niebauer, Director, Human Rights; Ms. McCoy, Solid Waste Planner, T&ES; Ms. Scott, Citizen Assistance; Mr. Mason, Special Assistant to the City Manager; Mr. Trobridge, Deputy Director, Information Technology Services (ITS); Ms. Meadows, Accounts Payable Supervisor, Finance; Mr. Welch, Accounting Deputy Director, Finance; Ms. Hamer, Director, Planning and Zoning; Mr. Noelle, City Arborist, Recreation, Parks and Cultural Activities; Mr. Dieruf, Arborist, Recreation, Parks and Cultural Activities; Mr. Saenz, ITS; Police Captain Ogden; and Mr. Lloyd.

Recorded by: Gloria Sitton, Deputy City Clerk and Clerk of Council.

*******

City Council held a work session at 5:30 p.m. with the City's General Assembly Delegation to discuss the City's Legislative Packet Proposals for upcoming session.

*******

OPENING

1. Calling the Roll.

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

2. Moment of Silence and Pledge of Allegiance.

City Council observed a moment of silence and recited the Pledge of Allegiance.

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

3. Presentation of a Proclamation Declaring November as America Recycles Month.

(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. 3; 11/27/07, and is incorporated as part of this record by reference.)

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

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

4. Presentation of a Proclamation Recognizing Finance Department Employee Lillian Meadows as City Employee of the Month for November.

(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. 4; 11/27/07, and is incorporated as part of this record by reference.)

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

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

5. Recognition of the Alexandria Citizens Academy Graduates.

City Council recognized the Alexandria Citizens Academy Graduates.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6-11)

(Resignations and Uncontested Appointments)

6. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Archaeological Commission

1 Member From the Alexandria Chamber of Commerce

(b) Alexandria Building Code Board of Appeals
1 Citizen Member

(c) Alexandria Citizen Corps Council
1 Citizen Member

(d) Alexandria Commission for the Arts
1 Member Who Has Expertise In the Arts, Either As A
Practitioner of Various Art Disciplines or As A Professional
Administrator Working In the Field

(e) Alexandria Commission on Aging

1 Citizen Member Who Is 60 Years of Age or Older

(f) Alexandria George Washington Birthday Celebration Committee

1 Member Nominated by the Alexandria Chapter of the Daughters

of the American Revolution

(A copy of the above appointments is on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6 (a-f); 11/27/07, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

7. Consideration of Receipt of the Comprehensive Annual Financial Report for the Period Ending June 30, 2007.

(A copy of the City Manager's memorandum dated a November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/27/07, and is incorporated as part of this record by reference.)

8. Consideration of Listings of Delinquent Taxes and Authorization to Advertise the Listings and Write-Off Balances Less Than Twenty Dollars.

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/27/07, and is incorporated as part of this record by reference.)

9. Consideration of Monthly Financial Report for the Period Ending October 31, 2007.

(A copy of the City Manager's memorandum dated November 21, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/27/07, and is incorporated as part of this record by reference.)

10. Consideration of Authorization of Recommended Capital Project Allocations and Planned Expenditures.

(A copy of the City Manager's memorandum dated November 19, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/27/07, and is incorporated as part of this record by reference.)

11. Application for Grant Funds for a Fire Safety House from the Assistance to Firefighters Grant, Fire Prevention and Safety Grant Program.

(A copy of the City Manager's memorandum dated November 16, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/27/07, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council approved the Consent Calendar, with the removal of items #8 and #11, which were considered under separate motions. The City Manager's recommendations were as follows:

6. City Council made the following appointments: (a) waived the residency requirement and reappointed Adron Krekeler as the member from the Alexandria Chamber of Commerce to the Alexandria Archaeological Commission; (b) appointed Andrew Campanella as the citizen member to the Alexandria Building Code Board of Appeals; (c) appointed Walter Worrall as the citizen member to the Alexandria Citizens Corps Council; (d) reappointed Terry D'arcy as the member who has expertise in the arts, either as a practitioner of various art disciplines or as a professional administrator working in the field to the Alexandria Commission for the Arts; (e) reappointed Donald Fowler as the citizen member who is 60 years of age or older to the Alexandria Commission on Aging; and (f) appointed Linda Lyons as the member nominated by the Alexandria Chapter of the Daughters of the American Revolution to the Alexandria George Washington Birthday Celebration Committee.

7. City Council received the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2007.

9. City Council received the Monthly Financial Report for the period ending October 31, 2007.

10. City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary.

The voting was as follows:

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

8. Consideration of Listings of Delinquent Taxes and Authorization to Advertise the Listings and Write-Off Balances Less Than Twenty Dollars.

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/27/07, and is incorporated as part of this record by reference.)

Councilman Wilson requested information about collection procedures for delinquent property taxes. Finance Director Triggs and Deputy City Manager Jinks responded to the inquiry and explained the City's collection procedures for delinquent taxes.

Mayor Euille noted that there were individuals and businesses on the list of delinquent taxes that continue to conduct business with the City. Mayor Euille requested that a process be started to prohibit those who owe taxes to the City from conducting business until those obligations have been satisfied.

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously, City Council: (1) received the listings of delinquent local property taxes; (2) authorized that those parts of the delinquent real estate tax and personal property tax listings deemed advisable by the Director of Finance be listed on the City of Alexandria website; and (3) authorized the Director of Finance to write off uncollected tax balances amounting to less than twenty dollars each for which the Director of Finance has determined that the cost of collecting such balances would exceed the recoverable amount, provided that the Director of Finance will not include any balance for which she has reason to believe the taxpayer has purposely paid less than the amount due or owed. The voting was as follows:

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

11. Application for Grant Funds for a Fire Safety House from the Assistance to Firefighters Grant, Fire Prevention and Safety Grant Program.

(A copy of the City Manager's memorandum dated November 16, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/27/07, and is incorporated as part of this record by reference.)

Councilman Wilson requested an explanation of the increase in the number of fires in the City for the current fiscal year. In response to Councilman Wilson, Fire Chief Thiel stated that the increase in fires accounts for all types of fires reported and responded to by the Fire Department.

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Smedberg and carried unanimously, City Council: (1) authorized the submission of a Fire Prevention and Safety grant application (due November 30, 2007), not to exceed $45,000; and (2) authorized the City Manager to execute the necessary documents that may be required. The voting was as follows:

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

CONTESTED APPOINTMENTS

12. Alexandria Commission for the Arts
1 Member Who Represents the Public-at-Large As An Arts
Consumer and Participant

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

NAME: ENDORSED BY:

Donna Fowler
Ross Simons

(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. 12; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Donna Fowler as the member who represents the public-at-large as an arts consumer and participant to the Alexandria Commission for the Arts. The voting was as follows:

Euille - Fowler
Pepper - Fowler
Gaines - Fowler
Krupicka - Fowler
Lovain - Fowler
Smedberg - Fowler
Wilson - Fowler

13. Alexandria Environmental Policy Commission
1 Citizen-at-Large

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

NAME: ENDORSED BY:

Juliette Faulkner
Peter Pennington

(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. 13; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, ballots were distributed, tellers were appointed and the ballots were tallied with the following results: City Council reappointed Peter Pennington as the citizen-at-large to the Alexandria Environmental Policy Commission. The voting was as follows:

Euille - Pennington
Pepper - Pennington
Gaines - Pennington
Krupicka - Pennington
Lovain - Pennington
Smedberg - Pennington
Wilson - Pennington

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

14. Consideration of Adoption of the City's Legislative Package for the 2008 General Assembly Session. (#13, 10/23/07 and #8, 11/19/07)

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted items 1.A through 1.H, 2.A through 2.Q, and 3.A through 3.G as positions in the City's Legislative Package for the 2008 General Assembly Session. The voting was as follows:

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

15. Consideration of the Proposed Gypsy Moth Suppression Program For Spring 2008, and Setting the Plan for Public Hearing on Saturday, December 15, 2007.

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council scheduled the proposed 2008 gypsy moth suppression program for public hearing and consideration at Council's Saturday, December 15 public hearing meeting. (Staff will hold an open house prior to that date to provide the public an opportunity to gather information and ask staff questions about the programs.) Staff will contact the Northridge Civic Association about the proposal before the public hearing, since this area of the City is most impacted by the program. The voting was as follows:

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

16. Consideration of Allocation of Funds For Alexandria's National Harbor Initiative.

(A copy of the City Manager's memorandum dated November 21, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council: (1) approved $1,303,716 for the priority (Tiers I, II, and III) National Harbor related activities as identified and as displayed in the docket item from Council's November 19, 2007 legislative meeting, and to fund these activities; (2) allocated $700,000 from the General Fund fund balance designation set-aside as part of the FY 2008 budget adoption for National Harbor readiness purposes; (3) utilized $40,000 of Alexandria Economic Development Partnership IDA funds for facade and exterior improvements identified in Tier I; (4) allocated $141,000 from Northern Virginia Transportation Authority (NVTA) new transportation revenues to fund the net new costs of the King Street rubber tire trolley; and (5) allocated $422,716 from the FY 2008 General Fund Contingent Reserves. The voting was as follows:

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

Public Hearings:

17. Public Hearing, Second Reading and Final Passage of an Ordinance to Permit an Alternate, Appointed By a City Council Member, To Represent That Council Member on City Boards and Commissions. (#11, 11/19/07)

(A copy of the City Manager's memorandum dated November 15, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/27/07, 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. 17; 11/27/07, 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. 17; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and passed the ordinance to permit an alternate, appointed by a City Council member, to represent that Council Member on City Boards and Commissions. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4506

AN ORDINANCE to amend and reordain Section 2-4-7 (APPOINTMENTS TO COMMITTEES), of Article A (GENERAL PROVISIONS), Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT), of the Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new subsection (k) (COUNCIL ALTERNATES)

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-4-7 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained by adding thereto a new subsection (k) to read as follows:

Sec. 2-4-7 Appointments to committees.

(a) Unless an appointment or reappointment to a committee is expressly vested by law in the courts or in come other body, all appointments shall be made by the city council. No person shall be appointed to any committee without the affirmative votes of at least four members of the council.

(b) Before appointing or reappointing any person to a committee, the executive secretary shall give public notice of the impending appointment and cause the same to be advertised in the form and manner prescribed by law for public notices at least 21 days prior to consideration by the city council of the appointment or reappointment. Insofar as practicable, the notice shall indicate the name of the committee, the number of positions to be filled, any special occupational, professional or other qualifications that may be required for a particular position and the time within which the application required by subsection (c) of this section must be filed. Where a position can be filled only by a designated member, the notice shall also include the name of the organization, group or committee from which such member must be designated.

(c) No person shall be appointed or reappointed by the city council to any committee until there is first submitted and filed with the executive secretary an application form. No person shall submit an application for membership for more than one committee position at any city council meeting at which appointments to committees are considered. Such application shall include personal data with respect to the applicant's name, address, age, educational background, practical experience, length of residency, employment of the applicant or any relative by the city and any special qualifications that the applicant possesses for a particular position. Applications must be filed with the executive secretary not less than seven days prior to the date that the appointment will be considered by the city council.

(d) Unless its enabling legislation expressly so provides, or unless waived by a majority of the city council when it deems such waiver in the best interest of the city and such waiver is not prohibited by any provision of law, no person shall be appointed to a committee unless at the time of the appointment the person is a resident of and residing in the city, and the person shall cease to be a member of a committee upon becoming a resident of any other jurisdiction.

(e) No person who holds any office or position in the city for compensation shall be appointed to any committee which is involved in, responsible for, oversees or regulates the subject matter, policy or rules of the city department or agency by which the person is employed. The executive secretary shall review all applications for appointments to committees. The executive secretary shall advise the council whether, in his or her opinion, the appointment of the person to the committee for which application has been made would result in such a situation.

(f) No person shall be appointed by the city council to more than one standing committee, or to more than one standing committee and one temporary committee, at the same time except as a designated member; provided, that, for the purposes of this subsection, a regional committee shall not be considered a standing or a temporary committee.

(g) Any person appointed to a committee shall, upon appointment, agree to comply with the provisions of chapter 5 of this title, concerning ethics, conflicts of interest and ownership of real property and, where applicable, the provisions of sections 2-5-11 to 2-5-16 of this code.

(h) Every person appointed by the city council to any committee shall, on or before undertaking a position on such committee, qualify by taking the following oath or affirmation before the clerk of the circuit court or other officer authorized to administer oaths or affirmations:

I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as (insert title of office) according to the best of my ability (so help me God).

(i) (1) The head of each committee shall keep or cause to be kept a record of each appointee's attendance at meetings of the committee, and shall, on or before July 1 of each year, forward to the executive secretary in writing, a copy of each attendance record for the immediately preceding 12 months. Appointees to committees shall attend at least 75 percent of the meetings of the bodies on which they serve each year. If the attendance record reflects that any appointee does not attend at least 75 percent of the meetings, the executive secretary shall advertise a vacancy so that city council can proceed to fill the vacancy at the first regular council meeting held in September, following any year during which an appointee has not attended at least 75 percent of the meetings. The executive secretary shall also forthwith notify the appointee of this action. The office of any appointee who has not attended the required number of meetings shall be automatically deemed vacant on the date of the above mentioned council meeting in September. If at any time during a year, a majority of the committee concludes that an appointee will be, based upon the appointee's attendance record, unable to meet the 75 percent attendance requirement, it may immediately direct the committee head to request the city council to declare the position vacant. If council determines that sufficient meetings have already been missed such that the 75 percent attendance requirement will not be met, it may declare the position vacant and may make an appointment to fill the vacancy for the remainder of the existing term of office of the appointee whose position was declared vacant.

(2) The committee head may excuse the absence of an appointee from a meeting or meetings if informed by the appointee of the absence within a reasonable period of time in advance of the meeting. Such excused absences shall not be considered by the committee head when preparing the appointee's attendance record but shall be noted as "excused absences" on the record.

(j) Any person appointed to a committee by the city council may be removed by the city council for neglect of duty or violations of this article or any other provision of law.

(k) Notwithstanding any contrary provision of this chapter, a member of city council, who serves a member of a committee established pursuant to this code, may appoint another person to represent the council member as an alternate member of such committee. Any such alternate member shall be appointed in writing, filed with the executive secretary and city clerk. Any such alternate member shall serve at the pleasure of the council member making the appointment, and, in the absence of the council member, may exercise any or all of the rights, privileges and duties of the council member on such committee.

Section 2. That this ordinance shall be effective upon the date and at the time of its final passage.

18. Public Hearing, Second Reading and Final Passage of an Ordinance to Authorize an Encroachment For Gas Meters on the Front Facades of 711-717 Gibbon Street. (#12, 11/19/07)

(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. 1 of Item No. 18; 11/27/07, 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. 2 of Item No. 18; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council closed the public hearing and passed the ordinance to authorized an encroachment for gas meters on the front facades of 711-717 Gibbon Street. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4507

AN ORDINANCE authorizing the owners of 711, 713, 715 and 717 Gibbon Street to establish and maintain an encroachment for four gas meters at the subject properties in the City of Alexandria, Virginia.

WHEREAS, Ellis Denning Construction, L.L.C. is the owner of the properties located at 711, 713, 715 and 717 Gibbon Street, in the City of Alexandria, Virginia, and, together with its successors in interest as owner(s) of the subject properties, are referred to as “Owners” herein; and

WHEREAS, Owners desire to establish and maintain four gas meters which will encroach into the public sidewalk right-of-way at 711, 713, 715 and 717 Gibbon Street; and

WHEREAS, the public sidewalk right-of-way at that point on at 711, 713, 715 and 717 Gibbon Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Owners be, and the same hereby are, authorized to establish and maintain an encroachment into the public sidewalk right-of-way at 711, 713, 715 and 717 Gibbon Street, in the City of Alexandria, said encroachment consisting of four gas meters, each of which is 1.71 feet wide and two feet in height, and will generally encroach approximately 18 inches into the public right of way, and as approved by the Old and Historic Board of Architectural Review, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owners of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owners maintaining, at all times and at their own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owners as named insureds and shall provide for the indemnification of the City of Alexandria and Owners against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owners shall, upon notice from the city, remove the encroachment from the public right-of-way, or these city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owners of their obligations and undertakings required under this ordinance.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall in addition be subject to and conditioned upon the following terms:

(a) Neither the City of Alexandria nor any public or private utility company shall be responsible for damage to Owners’ property encroaching into the public right-of-way during repair, maintenance or replacement of the public right-of-way or any public facilities or utilities in the area of encroachment.

(b) The gas meters shall be painted to match the building facade and the gas meters shall be screened with evergreen shrubs or foliage to the satisfaction of the Director of Recreation, Parks & Cultural Activities.

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owners shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owners maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owners the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owners without cost to the city. If Owners cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owners, and shall not be liable to Owners for any loss or damage to the structure of the encroachment or personal property within the encroachment area, caused by the removal.

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.

19. Public Hearing, Second Reading and Final Passage of an Ordinance Making Supplemental Appropriations for FY 2008. (#13, 11/19/07)

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/27/07, 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. 19; 11/27/07, 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. 19; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council closed the public hearing and passed the ordinance making supplemental appropriations for FY 2008. The voting was as follows:

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

The ordinance reads as follows:

ORDINANCE NO. 4508

AN ORDINANCE making provision for supplemental appropriations for the support of the government of the City of Alexandria, Virginia, for fiscal year 2008.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances or otherwise on or before June 30, 2007, but which are payable in fiscal year 2008, and for which amounts were appropriated but not expended in fiscal year 2007, and further that the council does hereby allot the amounts so appropriated to the several city departments for fiscal year 2008, as follows:

EQUIPMENT REPLACEMENT RESERVE FUND

General Services $ 70,820
Fire 166,091
Police 49,985
Recreation 147,063
Total Equipment Replacement Reserve Fund $ 433,959

Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2008, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 2007, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2008, as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Office on Women $ 34,694
Commonwealth’s Attorney 38,353
Court Services 108,465
Transportation and Environmental Services 1,849,275
Fire 87,514
Police 184,992
Housing - Affordable Housing 8,421,091
Mental Health/Mental Retardation/Substance Abuse 496,449
Human Services 330,518
Recreation and Cultural Activities 59,087
Total Estimated Revenue $ 11,610,438

SPECIAL REVENUE FUND

APPROPRIATION:

Office on Women $ 34,694
Commonwealth’s Attorney 38,353
Court Services 108,465
Transportation and Environmental Services 1,849,275
Fire 87,514
Police 184,992
Housing - Affordable Housing 8,421,091
Mental Health/Mental Retardation/Substance Abuse 496,449
Human Services 330,518
Recreation and Cultural Activities 59,087
Total Appropriation $ 11,610,438

Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the Special Revenue Fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2008, the source of such amount being external grant awards for which the proceeds were authorized and adjusted after July 1, 2007, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2008 as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Office on Women $ 59,606
Commonwealth’s Attorney 19,254
Court Services 28,287
Transportation and Environmental Services 91,937
Fire 194,650
Police 115,474
Housing 2,169,577
Mental Health/Mental Retardation/Substance Abuse 151,624
Human Services 354,039
Total Estimated Revenue $ 3,184,448

SPECIAL REVENUE FUND

APPROPRIATION:

Office on Women $ 59,606
Commonwealth’s Attorney 19,254
Court Services 28,287
Transportation and Environmental Services 91,937
Fire 194,650
Police 115,474
Housing 2,169,577
Mental Health/Mental Retardation/Substance Abuse 151,624
Human Services 354,039
Total Estimated Revenue $3,184,448

Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 2008, the source of such amount being the residual balances accumulated as of June 30, 2007 in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 2008 as follows:

SPECIAL REVENUE FUND

ESTIMATED REVENUE:

Office on Women $ 30,432
Citizen Assistance 16,667
Commonwealth’s Attorney 9,870
Court Services 7,540
Sheriff 96,089
Clerk of the Courts 36,569
Planning & Zoning 2,113,509
Transportation and Environmental Services 529,836
Sewer Fund 8,114,237
Fire 1,785,912
Police 542,428
Mental Health/Mental Retardation/Substance Abuse 1,150
Health 125
Human Services 78,261
Office of Historic Alexandria 45,627
Recreation 197,072
Non-Departmental 487
Total Estimated Revenue $ 13,605,811

SPECIAL REVENUE FUND

APPROPRIATION:

Office on Women $ 30,432
Citizen Assistance 16,667
Commonwealth’s Attorney 9,870
Court Services 7,540
Sheriff 96,089
Clerk of the Courts 36,569
Planning & Zoning 2,113,509
Transportation and Environmental Services 529,836
Sewer Fund 8,114,237
Fire 1,785,912
Police 542,428
Mental Health/Mental Retardation/Substance Abuse 1,150
Health 125
Human Services 78,261
Office of Historic Alexandria 45,627
Recreation 197,072
Non-Departmental 487
Total Estimated Revenue $ 13,605,811

Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 2008, the source of such amount being undesignated General Fund Balance, and further that the Council does hereby allot the amount so appropriated to the several city departments, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Undesignated General Fund Balance $69,072
Total Estimated Revenue $69,072

APPROPRIATION:

Citizen Assistance $ 1,455
City Clerk and Clerk of Council 1,492
Office of Historic Alexandria 66,125
Total Appropriation $69,072

Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2008, the source of such amount being Capital Project Fund revenue, and further that the Council does hereby allot the amount so appropriated for fiscal year 2008, as follows:

CAPITAL PROJECTS

ESTIMATED REVENUE:

Capital Projects $ 116,135
Total Estimated Revenue $ 116,135

APPROPRIATION:

Capital Projects $ 116,135
Total Appropriation $ 116,135

Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2008, the source of such amount being Designated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance $ 2,345,870
Total Estimated Revenue $ 2,345,870

APPROPRIATION:

Clerk of the Courts $ 13,000
Sheriff 54,111
Registrar of Voters 45,000
Other Public Safety 40,501
Economic Development Activities 22,394
Fire 8,950
Housing 487,779
Mental Health/Mental Retardation/Substance Abuse 398,854
Health 27,083
Human Services 30,000
Historic Alexandria 18,000
Recreation 84,250
Transportation and Environmental Services 200,000
Contingent Reserves 244,584
Non-Departmental 671,364
Total Appropriation $ 2,345,870

Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2008, the source of such amount being Undesignated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATE REVENUE

Undesignated General Fund Balance $ 3,368,000
Total Estimate Revenue $ 3,368,000

APPROPRIATION:

TES – Transfer to CIP (Dredging) $1,428,000
Housing – (Housing Studies) 700,000
Non-Department – (Fiscal Impact Analysis and Model) 150,000
TES – Transfer to CIP (Cameron Run Study Phase 2) 490,000
Non-Departmental – (City-owned Asset Evaluation) 200,000
Contingent Reserves 400,000
Total Appropriation $ 3,368,000

Section 9. That the Council of the City of Alexandria, Virginia, does hereby make provision for and transfer appropriations in the General Fund in the amounts hereafter stated that is required to defray certain expenditures and liabilities of the city, as follows:

GENERAL FUND

APPROPRIATION:

City Council $ (263)
City Manager (3,593)
Office on Women (3,383)
Citizens Assistance (1,344)
Office of Management and Budget (2,285)
18th Circuit Court (2,023)
Commonwealth’s Attorney (5,298)
Sheriff (59,265)
Clerk of the Circuit Court (4,606)
Law Library (223)
Court Services (86,632)
Human Rights (1,357)
Internal Audit (330)
Information Technology Services (13,653)
City Clerk and Clerk of Council (599)
Finance 52,699
Real Estate Assessments (2,663)
Personnel (5,455)
Planning and Zoning (9,302)
City Attorney (3,933)
Registrar of Voters (910)
General Services (43,075)
T&ES (48,179)
Fire (87,686)
Police (115,061)
Housing (3,851)
MH/MR/SA (67,816)
Health (2,750)
Human Services (53,760)
Historic Alexandria (5,069)
Recreation (14,259)
Library (13,476)
Contingent Reserves 84,400
Non-Departmental $525,000
Total Appropriation $ 0

Section 10. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 2008, the source of such amount being Designated General Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Designated General Fund Balance $ 700,000
Total Estimate Revenue $ 700,000

APPROPRIATION:

Transit Subsidies $ 141,000
Contingent Reserves $ 559,000
Total Appropriation $ 700,000

Section 11. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 2008, the source of such amount being Charges for Services Revenue, further that the Council does hereby allot the amount so appropriated to the several city departments, as follows:

GENERAL FUND

ESTIMATED REVENUE:

Charges for Services $ 577,000
Total Estimate Revenue $ 577,000

APPROPRIATION:

Recreation $ 577,000
Total Appropriation $ 577,000

Section 12 That this ordinance shall be effective upon the date and at the time of its final passage.

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

Traffic and Parking Board

20. Consideration of Traffic and Parking Board Recommendation to Prohibit Through Trucks on West Taylor Run Parkway Between Janneys Lane and Duke Street.

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council: (1) concurred with the Traffic and Parking Board recommendation to prohibit through truck traffic on West Taylor Run Parkway between Janneys Lane and Duke Street; and (2) requested the City Attorney to prepare an amendment to City Code Section 10-1-15.1, Truck traffic prohibited on certain streets; penalty, to include the 100 through 600 blocks of West Taylor Run Parkway and docket the ordinance for Council consideration in December. The voting was as follows:

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

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

(a) Councilman Krupicka reported that the Aviation Policy Committee of the Council of Governments (COG) passed a resolution requesting the U. S. Congress not expand the number of slots available for new flights at Reagan National Airport. Councilman Krupicka stated that there will probably not be an increase thanks to the efforts of Virginia representation in Congress.

(b) Councilman Krupicka stated that the region underwent the 150 Process to evaluate air noise in the region and the Federal Aviation Administration (FAA) will release its final comments on the process in February. Councilman Krupicka noted that many of the recommendations may not be accepted because of the prohibitions placed on the FAA by Congress.

(c) Councilman Krupicka reported that a new noise monitoring system is being installed around the DC Capital area, around Reagan National and Dulles Airports, giving the residents near the airports a better quality tracking of noise issues.

Councilman Smedberg noted that during the Woodrow Wilson Bridge Task Force meeting last night, there was mention of the increasing frequency of helicopters and small single engine planes flying over residential areas.

Councilman Krupicka stated that the helicopter activity usually comes from emergency vehicles or military vehicles. Councilman Krupicka also stated that the Aviation Policy Committee has been working closely with the military in the last year to develop a better system to track, monitor and respond to citizens on helicopter noise and a summit of all helicopter operators in the area is planned for next year to discuss issues and to develop a formal program to better track and monitor helicopter noise in the region.

Mayor Euille stated that the concerns of safety, as well as the noise issues, should be formally developed and put in a letter to alert the Federal authorities from the City to address health, safety and welfare concerns of the citizens of Alexandria.

Councilman Krupicka stated that he would take the concerns of Council to the Aviation Policy Committee and work with Legislative Director Bernie Caton on a formal action to be presented by Council.

(d) Councilman Krupicka reported that the School Board voted on a resolution expressing their concerns about the No Child Left Behind Act and suggested that Council adopt either a similar resolution or the same resolution to support their action.

Mayor Euille stated that Council should support the School Board in this endeavor and the resolution should be docketed for a future legislative meeting.

(e) Vice Mayor Pepper reported that on November 19, City Council testified on the permit for Mirant at the Lee Center. Vice Mayor Pepper requested that the City Attorney clarify why the members of the Air Pollution Control Board were not present at the meeting, as well as give an update on the matter.

City Attorney Pessoa gave an overview of the progress with the Mirant case, reported why the members of the Air Pollution Control Board were not present at the meeting and outlined the next steps that will be taken. City Attorney Pessoa stated that he, along with other City staff, will be attending a meeting on November 30 in Newport News, where the Air Pollution Control Board will be considering a two stack permit for Mirant.

Mayor Euille suggested that in addition to the City Attorney and staff representation at the meeting, Council should send a written response to the Virginia Department of Environmental Quality (VDEQ), the Governor's Office and the Attorney's General's Office. Mayor Euille also suggested putting the information in a press release.

City Attorney Pessoa noted that a letter to the Air Pollution Control Board is being prepared stating objections to the proceedings.

Councilman Smedberg inquired about an additional violation against Mirant. In response, Transportation and Environmental Services Director Baier noted that the violation occurred over a month ago but the City just received notification several days ago.

(f) Councilman Wilson reported that the Director of the Library, Patrick O'Brien, will be retiring in the early part of the year and his last day is Friday. Councilman Wilson stated that this gives the Library Board the opportunity to hire a new director and the board has appointed Rose Dawson, Deputy Director, as the Acting Director during the search process.

(g) Councilman Wilson noted that he saw a website in Fairfax County that allows citizens to submit special needs requirements to allow the County to respond accordingly in the case of an emergency. Councilman Wilson stated that he has asked staff to investigate a way for the City to start such a site for Alexandria.

(h) Councilman Smedberg reported that at the Virginia Railway Express (VRE) Board meeting, the issue of how to treat Northern Virginia Transportation Authority (NVTA) funds was discussed. Councilman Smedberg noted that the VRE Board would be sending letters to mayors, chairmen and administrators in the various jurisdictions outlining some of the concerns. Councilman Smedberg pointed out that a few jurisdictions are objecting to spending the funds on regional projects as opposed to jurisdictional projects.

(i) Councilman Smedberg reported that the Northern Virginia Regional Commission (NVRC) will be celebrating its 60th Anniversary on December 7 at a luncheon, which Vice Mayor Pepper is a co-chair. Councilman Smedberg stated that Governor Kaine will be the keynote speaker and regional awards will be presented.

Mayor Euille stated that the NVTA Finance Committee had a meeting this morning and the committee will be submitting a recommendation to the NVTA Board concerning how to deal with the funds.

(j) Councilmember Lovain stated that the Commonwealth is still considering plans to place an exit ramp at Seminary Road, northbound on I-395. Councilmember Lovain reported that at a Transportation Planning Board meeting, the Virginia Department of Transportation (VDOT) removed the option to allow cars to use the exit ramp, but the Virginia Department of Rail and Public Transportation are actively considering an access ramp as well as an in-line transit station in the vicinity of Seminary Road. Councilmember Lovain noted that there is a Council resolution from 2002 opposing any type of ramp at that location and it is the appropriate position.

(k) Councilmember Lovain stated that the Chesapeake Bay Policy Committee of COG recently received a new implementation plan from the Environmental Protection Agency (EPA) for Chesapeake Bay Cleanup that excludes local government from consulting on the plan. Councilmember Lovain reported that the Committee has written the EPA concerning the matter and he has talked with Senator Ticer about the matter and hopefully the situation will be changed soon.

(l) Mayor Euille reported that he and Councilman Gaines attended the National League of Cities (NLC) Congress of Cities Exposition in New Orleans, along with nine student delegates and chaperones. Mayor Euille stated that it was a great opportunity to network with elected officials and city staffs from all over the country, as well to learn about emergency preparedness and other topics. Mayor Euille noted that the City of New Orleans is still in need of support for redevelopment and revitalization from the devastation from Hurricane Katrina. Mayor Euille stated that the resolutions that will be forwarded to the President and Congress dealt with infrastructure and transportation funding, health care initiatives, continued funding for affordable housing programs, and Community Development Block Grant (CDBG) funding. Mayor Euille pointed out that immigration did not receive a lot a discussion from the delegation and that Alexandria is doing the right thing concerning immigration.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Mayor Euille reported that the Scottish Walk Christmas Parade will be held Saturday, December 1. Mayor Euille noted that Sister Cities Delegation would be here to participate in the activities for the weekend.

(b) Mayor Euille reported that on Saturday, December 1, at T.C. Williams High School, there will be a Tip-Off Challenge Fundraiser to raise money for the Hopkins House and Child and Family Network Programs. Mayor Euille stated there will be boys and girls basketball games, as well as the dedication of the new gym floor in honor of Earl Lloyd.

(c) Mayor Euille congratulated Councilman Krupicka on receiving the Outstanding Virginia Jaycees for 2007.

(d) Councilman Smedberg inquired whether the E911 grant had been submitted and the status of the application. In response, Deputy City Manager Evans stated that the item was scheduled for consideration at the December 11 Legislative Meeting.

(e) Mayor Euille congratulated Vice Mayor Pepper on being elected President of the Corporate Board of COG.

ORAL REPORT FROM THE CITY MANAGER

City Manager Hartmann reported that the City's new website would be launched tomorrow and encouraged everyone to take a look at it.

ORDINANCES AND RESOLUTIONS

21. Consideration of Resolution Establishing the Fiscal Year 2009 Budget Targets for the Alexandria City Government and the Alexandria Public Schools (#19, 11/19/07)

(A copy of the City Manager's memorandum dated November 21, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Lovain, City Council adopted a resolution that revised the budget procedures for use during the remaining term of this Council with the exception of the following line of Item No. 10 stating: "Provided that the City Manager shall not include the minimum market rate adjustment specified in section 6 above as one of those additional recommended expenditures."

A motion was made by Councilman Wilson, seconded by Councilman Smedberg, which failed 2-5, to amend the resolution to include the following: " Provided that the City Manager shall not included the minimum rate rate adjustment specified in section 6 above as one of those additional recommended expenditures;" and delete the following paragraph stating, "The City Manager may separately list all or a portion of the minimum market rate adjustment as one of those additional expenditures that would need to be added to the proposed budget to be paid for by an increase in the real estate tax rate under section 2 above. If that expenditure is so listed it would also reduce the School target specified in section 4 by the amount of the minimum market rate adjustment for Schools employees." The voting was as follows:

Wilson "aye" Pepper "no"
Smedberg "aye" Gaines "no"
Euille "no" Krupicka "no"
Lovain "no"

The original motion passed unanimously, by roll-call vote. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2256

Budget Resolution Establishing the Processes To Be Used To Plan For and To Adopt Operating Budgets and Capital Improvement Programs

WHEREAS, the Alexandria City Council wishes to establish specific policies to guide upcoming budget deliberations to ensure responsible actions with current economic resources; and

WHEREAS, resolutions No. 2088, 2150, and 2166 and previously adopted by City Council have now expired; and

WHEREAS, City Council believes there should be more flexibility in diversifying the sources of revenue available to fund the General Fund Operating Budget; and

WHEREAS, City Council’s deliberations on the budget each and every year reflect a balancing of the needs of the community, with the community’s ability to afford services to meet those needs; and

WHEREAS, the City Council is committed to continue performing fully its obligations to provide the core services expected of a municipal government and to continue to provide quality services and facilities for the residents and businesses of Alexandria; and

WHEREAS, residential real estate taxes have borne an increasing share of the burden of paying for City and School services; and

WHEREAS, the City Council is committed to managing the growth of City General Fund operating and capital expenditures in order to help address the issue of increased residential real estate taxes; and

WHEREAS, the City Council is committed to assisting Alexandria City Public Schools in achieving its mission and being among the best in Northern Virginia; and

WHEREAS, the City Council is committed to maintaining a fair, reasonable and competitive compensation plan for City and School employees; and

WHEREAS, the City Council is committed to continuously improving City government effectiveness and efficiency, and expects the City Manager and City staff to focus on managing for results; and

WHEREAS, the City Council is committed to maintaining its top AAA/Aaa credit ratings; and

WHEREAS, the City Council desires to achieve the vision and strategic goals and objectives outlined in the City Council’s adopted Strategic Plan; and

WHEREAS, sufficient time for the budget process is necessary for the City Council and the community to deliberate on the various issues raised given the budget’s complexity and importance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alexandria, Virginia, that the Council shall, for the purposes of consideration of the Budget for the City of Alexandria, repeal Resolution 2205, adopt this resolution in lieu thereof, and adhere to the following rules of procedure:

Section (a) The Timing of the Setting of Budget Guidance by City Council and the City Manager’s Budget Submission to City Council

(1) That the City Manager shall plan and prepare the proposed Operating Budget and proposed six-year Capital Improvement Program and that such preparations shall include, but not be limited to, requests for City departments to identify efficiencies, low priority programs not crucial to achieving City Council strategic objectives, potential discretionary supplemental increases crucial to achieving City Council’s strategic objectives, and potential City-wide process changes that would be beneficial to City operations and to the public.

(2) That the City Manager shall present to City Council in time for the fall Council Retreat a preliminary forecast and outlook for (a) revenues (including the outlook for real estate assessments), (b) expenditures necessary to maintain appropriate services and policies (including in the City Manager’s forecast of cash capital and debt service costs related to the most recently approved Capital Improvement Program and estimates of the cost of an appropriate cost-of-living adjustment for City and School staff), (c) the outlook for additional requests for City operating needs in the upcoming fiscal year and future capital needs in the upcoming fiscal year and succeeding 5 fiscal years, (d) the outlook for Federal and State grants and the costs of meeting unfunded Federal and State mandates, both current mandates and projected new mandates.

(3) That the Alexandria City School System shall separately present to City Council, but in a format coordinated with the City Manager, its preliminary forecast and outlook for (a) expenditures necessary to maintain appropriate services and policies, (b) the outlook for additional requests for Schools operating in the upcoming fiscal year and capital needs through the upcoming fiscal year and the succeeding five years, (c) the outlook for Federal and State grants, and (d) the outlook for the costs of meeting unfunded Federal and State mandates, both current mandates and projected new mandates.

(4) That as part of its fall Retreat, City Council will consider this information and any other relevant information available to it at that time from the efforts described above, including citizen input to be provided by a public hearing on the upcoming budget to be conducted prior to City Council’s fall Retreat.

(5) That City Council shall, as a result of information available to it at the Retreat, direct that the City Manager prepare a budget resolution to be adopted by City Council to guide the preparation of the upcoming Operating Budget and next Capital Improvement Program and that such a resolution would contain (a) a maximum real estate tax rate (b) a maximum target for City General Fund expenditures (including any market rate adjustment (MRA) for City staff and cash capital and debt service), and (c) a target for a budget transfer to the Alexandria City Public Schools (including the cost of any MRA for School staff). The City Manager must include this amount in the proposed budget to be submitted in accordance with section 9 below.

(6) City Council shall establish for the City Manager and the Schools what preliminary minimum percentage MRA should be included in the guidance established in sections 5(a), 5(b) and 5(c) above.

(7) That City Council plans to adopt such a budget resolution during the month of November.

(8) That the Board of the Alexandria City School Schools is requested to approve an Operating Budget and Capital Improvement Program by no later than January 31, prior to the upcoming fiscal year. Such budget, if it shall exceed the Council approved budget guidance for the Operating Budget transfer given to the Alexandria City Public Schools, shall clearly identify what operating programs and activities would be funded if additional funding were provided above that guidance.

(9) That the City Manager shall submit a proposed Operating Budget and Capital Improvement Program to the City Council no later than the first legislative meeting in February, that does not exceed the guidance for the rate of change in the real estate tax rate, and the guidance for General Fund expenditures established by City Council. Such budget shall clearly identify what operating programs and activities and capital projects would be recommended if additional funding were provided, and/or what other tax rate and fee changes could be enacted with whatever additional revenues might be available above the revenues needed to meet the expenditure guidance and still provide a structurally sound budget, including a proposed real estate tax rate necessary for financing the budget provided for that rate, as well as provide tax, fee and other revenue options necessary for financing the budget, as appropriate, so long as the real estate tax rate proposed does not exceed that allowable under section 5(a) above.

(10) That the City Manager shall endeavor to produce a budget that substitutes other taxes, fines, fees and charges for real estate taxes, as well as reductions in programs and activities through efficiencies and reduced service levels in order to balance the budget as required by section 6.05 of the City Code. To the extent that the City Manager deems additional expenditures in excess of those included in the proposed budget within the guidance provided by section 5(a) of this resolution, but within the guidance provided by sections 5(b) and (c) of this resolution, the City Manager shall separately specify as a recommended “add” to the proposed budget the additional recommended expenditures by program and activity and the reasons therefore, and the required real estate tax rate necessary to balance the budget.

(11) The City Manager may recommend, and Council may adopt, a different percentage MRA in his proposed budget than that established by City Council under section 6 above, but such a recommendation shall not change the guidance established by sections 5 (a), (b) and (c) above. The proposed Operating Budget shall include as a line item of expenditure (instead of as a designation of fund balances) the cost of any other market-based salary adjustments proposed to maintain the City’s ability to attract and retain any class or classes of employee. The City Manager may separately list all or a portion of the minimum market rate adjustment as one of those additional expenditures that would need to be added to the proposed budget to be paid for by an increase in the real estate tax rate under section 10 above. If that expenditure is so listed it would also reduce the Schools target specified in section 5(c) above by the amount of the minimum market rate adjustment for Schools employees.

(12) That City Council shall consider these recommendations and endeavor to enact an Operating Budget and Capital Improvement Program that balances the needs of the community with the community’s ability to afford services to meet those needs.

Section (b) Proposed Budget for the City of Alexandria -

(1) For purposes of this resolution, the proposed budget of revenue rates and expenditure levels for the fiscal year shall be that proposed by the City Manager.

(2) For purposes of this resolution, the Office of Management and Budget shall provide revenue and/or expenditure projections for any motion or amendment that could affect the proposed budget specified in Section (b) (1).

Section (c) Maximum Expenditure Levels May Not Exceed Sum of Projected Revenue and Appropriation from Undesignated Fund Balance in Proposed Budget

(1) It shall not be in order in the Alexandria City Council to consider any motion or amendment to the proposed budget of the City of Alexandria if such motion or amendment would have the effect of increasing any specific budget outlays above the level of such outlays contained in the proposed budget specified in Section (b) of this resolution, or would have the effect of reducing any specific revenues below the level contained in the proposed budget specified in Section (b) of this resolution, unless such motion or amendment makes at least an equivalent reduction in other specific budget outlays, identifies an equivalent increase in other specific revenues, or an equivalent combination thereof.

(2) In the Alexandria City Council, any appropriation from the Undesignated Fund Balance or any like account beyond that proposed in the Manager's proposed budget shall require an affirmative vote of five Council Members.

(3) In the event that the City Manager recommends final revenue adjustments that result in a net increase or net decrease from the revenue estimates specified in section (b) of this resolution, the net change in the revenue estimate shall be reflected as a change in the proposed appropriation from the Undesignated Fund Balance. As specified in Section c (2), any appropriation from the Undesignated Fund Balance beyond that proposed in the Manager's proposed budget, including the net effect of final revenue adjustments, shall require an affirmative vote of five Council Members.

(4) It shall not be in order for any member of the Alexandria City Council to initiate any amendment to the proposed budget of the City of Alexandria which would increase any specific budget outlay by more than $50,000, unless written public notice of the member’s intent to offer such an amendment, and a general description of the proposed amendment, is given to the City Manager and City Clerk at least one week prior to the spring budget public hearing.

(a) The provisions of this paragraph may be waived if the proposed amendment is raised by a member of the public at the spring budget public hearing (but not an amendment raised at the separate public hearing on the effective real estate tax) and at least three members of the Alexandria City Council formally request a budget memorandum from staff in regard to such proposed amendment within 3 days of the public hearing.

(b) The provisions of this paragraph also may be waived for good cause by an affirmative vote of five Council Members. As used in this paragraph, “good cause” shall include, but not be limited to, a change in the amount of state or federal funding included in the proposed budget.

Section (d) Adoption of Budget that exceeds target.

The adoption of a budget that in total exceeds the guidance established in accordance with sections 5(a), 5(b) and 5(c) (or the highest target if more than one target is established for each section) shall require an affirmative vote of five Council Members.

Section (e) Expiration -- The provisions of this resolution shall expire on June 30, 2009.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted a resolution to establish specific budget guidance for FY 2009 to include the following guidance: (1) in the initial budget proposal keep the existing real property tax rate; (2) seek out alternative revenue and efficiency options prior to consideration of increase in real property tax rate; (3) hold city budget growth to five percent; (4) hold school transfer growth to five percent; (5) develop clear priorities for community and council evaluation, with a specific request to the City Manager to develop a specific prioritization list for City Council and the community to discuss and understand the trade-off between services and revenues; and (6) include market rate adjustment salary increases in budget proposal, if possible. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2257

Budget Resolution Setting Guidance for FY 2009 General Fund Operating Budget

WHEREAS, the City Council of Alexandria passed Resolution 2256 on November 27, 2007, that established the process to be used for formulating the budget during the remaining term of this Council and requires that City Council set budget guidance for the City Manager and the School Board for the FY 2009 budget;

WHEREAS, the City Council held a public hearing on the FY 2009 budget on October 13, 2007; and

WHEREAS, the City Manager and the Alexandria City Public Schools Superintendent have presented to City Council at its October 27, 2007 retreat their preliminary forecasts of revenues, expenditures and capital needs; and

WHEREAS, the City Council’s deliberations on the budget each and every year reflect a balancing of the needs of the community, with the community’s ability to afford services to meet those needs; and

WHEREAS, the City Council is committed to continue performing fully its obligations to provide the core services expected of a municipal government and to continue to provide quality services and facilities for the residents and businesses of Alexandria; and

WHEREAS, residential real estate taxes have borne an increasing share of the burden of paying for City and School services; and

WHEREAS, the City Council is committed to managing the growth of City General Fund operating and capital expenditures in order to help address the issue of increased residential real estate taxes; and

WHEREAS, the City Council is committed to exploring all possible non-real estate tax revenue options in order to minimize the impact of rising municipal costs on homeowner real estate taxes.

WHEREAS, the City Council is committed to assisting Alexandria City Public Schools in achieving its mission and being among the best in Northern Virginia; and

WHEREAS, the City Council is committed to maintaining a fair, reasonable and competitive compensation plan for City and School employees; and

WHEREAS, the City Council is committed to continuously improving City government effectiveness and efficiency, and expects the City Manager and City staff to focus on managing for results; and

WHEREAS, the City Council is committed to maintaining its top AAA/Aaa credit ratings; and

WHEREAS, sufficient time for the budget process is necessary for the City Council and the community to deliberate on the various issues raised given the budget’s complexity and importance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA:

1. In the Initial Budget Proposal Keep the Existing Real Property Tax Rate: That the City Manager shall submit a proposed FY 2009 Operating Budget and Capital Improvement Program to the City Council no later than February 12, 2008, that contains a proposed real estate tax rate of $0.83 cents per $100 assessed valuation.

2. Seek Out Alternative Revenue and Efficiency Options Prior to Consideration of Increase in Real Property Tax Rates: That the City Manager shall endeavor to produce a budget that substitutes other taxes, fines, fees and charges for real estate taxes, as well as reductions in programs and activities through efficiencies and reduced service levels, in order to balance the budget as required by section 6.05 of the City Code. To the extent that the City Manager deems additional expenditures in excess of those included in the proposed budget within the guidance provided by section 1 of this resolution, but within the guidance provided by sections 3 and 4 of this resolution, the City Manager shall separately specify as a recommended “add” to the proposed budget the additional recommended expenditures by program and activity and the reasons therefore, and the required real estate tax rate necessary to balance the budget.

3. Hold City Budget Growth to Five Percent: That the City Manager’s proposed FY 2009 Operating budget shall not exceed a $377.2 million for General Fund expenditures (5% growth over the previous year’s budget). The guidance includes the cost of whatever market rate adjustment is to be provided to City employees. This guidance does not include the operating budget transfer to the Alexandria City Public Schools.

4. Hold School Transfer Growth to Five Percent: That the School Board of the Alexandria City Public Schools is requested to approve a FY 2009 Operating Budget and Capital Improvement Program by no later than January 31, 2008. Such budget shall seek not to exceed a target of $168.2 million for the operating budget (5% growth over the previous year’s budget) transfer provided to the Alexandria City Public Schools. This guidance includes the cost of whatever market rate adjustment is to be provided to Schools employees. Such budget, if it shall exceed the Council approved budget guidance for the Operating Budget transfer, shall (as specified in section a (8) of Resolution 2256 clearly identify what operating programs and activities would be funded if additional funding were provided above that target. The City Manager must include this guidance amount in the proposed budget to be submitted on February 12, 2008.

5. Develop Clear Priorities for Community and Council Evaluation: That the budget documents of both the City Manager and the School Board shall clearly describe what operating programs and activities and capital projects could be funded within the budget guidance and what operating programs and activities and capital projects and other policy options may exceed the budget guidance and, to the extent possible, what the impact would be on the performance of those programs (the results) that are proposed either for possible expansion or reduction.

6. Include Market Rate Adjustment Salary Increases in Budget Proposal: That the City Manager and the School Board shall assume on a preliminary basis that a minimum market rate adjustment of 1.0 % is included in the guidance established in sections 3 and 4 above. The City Manager may recommend, and Council may adopt, a different percentage market rate adjustment than that assumed above, but such a recommendation shall not change the guidance established by sections 3 and 4 above. The City Manager may separately list all or a portion of the minimum market rate adjustment as one of those additional expenditures that would need to be added to the proposed budget to be paid for by an increase in the real estate tax rate under section 2 above. If that expenditure is so listed it would also reduce the Schools target specified in section 4 by the amount of a minimum market rate adjustment for Schools employees.

22. Consideration of a Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc.

(A copy of the City Manager's memorandum dated November 19, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council adopted a resolution authorizing the issuance of bonds by the Industrial Development Authority of the City of Alexandria for the American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2258
OF THE CITY COUNCIL OF THE
CITY OF ALEXANDRIA, VIRGINIA

WHEREAS, the Industrial Development Authority of the City of Alexandria (the “Authority@) has considered the application of the American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc. (the “Applicant”), a not-for-profit 501 (c)(3) organization, for the issuance of the Authority=s revenue bonds in an amount not to exceed $16,000,000 (the “Bonds”), to finance or refinance certain costs related to the acquisition, development, construction, renovation and equipping of an approximately 28,000 square foot five story office building located at 1650 Diagonal Road and a parking lot located at 100 Daingerfield Road (the “Project”), for the Applicant, and has held a public hearing thereon on November 13, 2007;

WHEREAS, the Authority has requested that the City Council (the “Council”) of the City of Alexandria approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”);

WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing, and a “fiscal impact statement” with respect to the Project have been filed with the Council;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:

1. The Council hereby approves the issuance of the Bonds and the plan of financing by the Authority for the benefit of the Applicant to the extent required by Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in financing or refinancing the Project.

2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Applicant, but, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the full faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto.

3. This resolution shall take effect immediately upon its adoption.

23. Deferred from the November 19, 2007 meeting, Consideration of a Resolution Establishing a Committee to Study the Commercial Real Estate Transportation Tax Option. (#20, 11/19/07)

(A copy of the City Manager's memorandum dated November 20, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council adopted a resolution establishing a committee to study the Commercial Real Estate Transportation Tax Option. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2259

WHEREAS, in order to address critical transportation needs, the General Assembly enacted HB 3202 in 2007 which granted new tax and fee authority options to Northern Virginia jurisdictions; and

WHEREAS, one of the new tax options is an add-on commercial real estate tax which can be applied to non-residential commercial properties; and

WHEREAS, transportation capacity, infrastructure, and service are key issues for the City, as well as its businesses and residents; and

WHEREAS, tax policies, tax competitiveness, and how they impact businesses and the City economy are key issues for the City, as well as its businesses and residents; and

WHEREAS, 2008 is the first year when Northern Virginia jurisdictions can consider adopting this add-on commercial real estate tax; and

WHEREAS, City Council is scheduled to determine the maximum real estate tax rate, or rates, it can consider on March 15, 2008;

WHEREAS, City Council is scheduled to adopt the calendar year 2008 real estate tax, or rates, on May 5, 2008; and

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

There is hereby established a group known as the Ad Hoc Commercial Transportation Tax Option Study Committee (the “Committee”):

1. The Committee shall consist of five members, including two non-Chamber of Commerce appointed members of the Budget and Fiscal Affairs Advisory Committee, two members of the Ad Hoc Transportation Task Force, and one member of the Chamber of Commerce.

2. The Committee shall be appointed by the Mayor and serve a term concluding by June 30, 2008.

3. The Committee shall select a chair from among its members.

4. The Committee’s charge will be to:

a. Study the new commercial real estate transportation tax authority as enacted by the General Assembly.

b. Determine the positive and negative impacts of enacting such an add-on tax.

c. Recommend whether or not Council should enact such a tax for 2008 and beyond, and if so, provide guidance on a reasonable add-on tax rate range which should be considered for 2008.

d. Make other recommendations to Council related to these issues as the Committee deems appropriate.

5. By February 29, 2008, the Committee should report the results of its study and its recommendations to Council.

6. Staff support of the Committee shall be provided by the Office of Management and Budget and the Department of Transportation and Environmental Services.

OTHER

24. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated November 21, 2007, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 11/27/07, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the Council schedule for November 2007 through June 2008, which includes: (1) the itinerary for the visit by our Sister City delegations from Thursday, December 29 - Monday, December 3 and note that Council will dedicate the Sister Cities Conference Center at 2 p.m., on Saturday, December 1 and will host a dinner for the delegations on Saturday night at 7 p.m., at the Westin Alexandria Hotel, 400 Courthouse Square; and (2) the revised calendar which includes the work session set at the November 19 legislative meeting; the January 22, 5:30 p.m. work session with the Planning Commission; and the February 12, 5:30 p.m. work session with the Ad Hoc Transportation Task Force. The voting was as follows:

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

*******

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the regular meeting of November 27, 2007 at 9:57 p.m. The voting was as follows:

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

APPROVED BY:

________________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

_____________________________________
Gloria A. Sitton, CMC Deputy 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.

City Council meetings are closed-captioned for the hearing impaired.

* * * * *