Meeting Minutes for Regular Meeting (02/24/2009)

Regular Meeting
Tuesday, February 24, 2009 - - 7:00 p.m.

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

Absent: Member of Council Ludwig P. Gaines.

Also Present: Mr. Hartmann, City Manager; Mr. Spera, Acting City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Caton, Legislative Director; Mr. Castrilli, Communications Director, City Manager's Office; Mr. Gates, Assistant City Manager; Police Captain Ogden; Police Chief Baker; Ms. Boyd, Director, Citizen Assistance; Mr. Baier, Director, Transportation and Environmental Services; Mr. Lambert, Transportation and Environmental Services; Ms. Hamer, Director, Planning and Zoning; Ms. Davis, Director, Office of Housing; Ms. McIlvaine, Deputy Director, Office of Housing; Mr. Cochran, Office of Housing; Mr. Johnson, Chief Financial Officer; Mr. Stewart, Office of Management and Budget; Ms. Collins, Assistant City Manager/Director, Human Services; Dr. Gilmore, Director, Mental Health/Mental Retardation and Substance Abuse; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Dr. Kaplowitz, Health Department Director; Fire Chief Thiel; Emergency Management Coordinator Penn; and Mr. Lloyd.

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

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There was a Work Session at 5:30 p.m. in the City Council Work Room with the Alexandria Redevelopment and Housing Authority Board of Commissioners.

There was a meeting With the Alexandria Transit Company Stockholders at 6:45 p.m., in the City Council Chambers.

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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, with the exception of Councilman Gaines, who was absent.

2. Moment of Silence and Pledge of Allegiance.

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

3. Reading and Acting Upon the Minutes of the Following Meeting of City Council:

(a) The Regular Meeting Minutes of February 10, 2009.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried 5-0, City Council approved the regular meeting minutes of February 10, 2009. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

4. Presentation of a Proclamation for City Star for February to Terilee Edwards-Hewitt From the Office of Historic Alexandria.

(A copy of the proclamation is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Wilson and carried 5-0, City Council endorsed the proclamation. The voting was as follows:

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

5. Presentation of a Proclamation Recognizing March 7, 2009 as St. Patrick's Day Parade Day and March as Irish-American Heritage 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. 5; 2/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilmember Lovain and carried 6-0, City Council endorsed the proclamation. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6-13)

(Resignations and Uncontested Appointments)

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

(a) Alexandria Commission for Women
Charniele Herring

(b) Alexandria Community Services Board
Mary Morrow-Bax

(c) Northern Virginia Health Center Commission (Birmingham Green) Board
of Directors
Leticia Lacomba

(d) Alexandria Youth Policy Commission
Charniele Herring

(A copy of the above resignations is on file in the Office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 6(a-d); 2/24/09, and is incorporated as part of this record by reference.)

7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Archaeological Commission
1 Member From The Alexandria Association

(b) Alexandria Environmental Policy Commission
1 Member From the Field of Urban Planning

(c) Alexandria Landlord-Tenant Relations Board
1 Resident Member Who Is Not A Landlord or A Tenant
(Homeowner)
1 Tenant Member

(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. 7(a-c); 2/24/09, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

8. Transfer of Responsibility For a Regional Clinical Response Team From the Northern Virginia Training Center to the Alexandria Community Services Board.

(A copy of the City Manager's memorandum dated February 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8; 2/24/09, and is incorporated as part of this record by reference.)

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

(A copy of the City Manager's memorandum dated February 17, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 9; 2/24/09, and is incorporated as part of this record by reference.)

10. Consideration of Monthly Financial Report for the Period Ending January 31, 2009.

(A copy of the City Manager's memorandum dated February 17, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 10; 2/24/09, and is incorporated as part of this record by reference.)

11. Consideration of Community Development Block Grant (CDBG) Budget Transfers.

(A copy of the City Manager's memorandum dated February 11, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 2/24/09, and is incorporated as part of this record by reference.)

12. Submission of Grant Application to the Virginia Commission for the Arts for the Services to the Field Grant for the Department of Recreation, Parks and Cultural Activities Office of the Arts.

(A copy of the City Manager's memorandum dated February 18, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 2/24/09, and is incorporated as part of this record by reference.)

13. Appointment of Members to the Board of the Firefighters and Police Officers Pension Plan, and to the Board of the Other Post Employment Benefits (OPEB) Trust.

(A copy of the City Manager's memorandum dated February 19, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 13; 2/24/09, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Wilson and carried 5-0, City Council approved the consent calendar, with the removal of item #8, which was considered under separate motion. The City Manager's recommendations were as follows:

6. City Council accepted the following resignations with regret: (a) Charniele Herring, Alexandria Commission for Women; (b) Mary Morrow-Bax, Alexandria Community Services Board; (c) Leticia Lacomba, Northern Virginia Health Center Commission (Birmingham Green) Board of Directors; and (d) Charniele Herring, Alexandria Youth Policy Commission.

7. City Council made the following appointments: (a) appointed Ralph Thomas Fulton as the one member from the Alexandria Association to the Alexandria Archaeological Commission; (b) appointed Jessica Bayliss Brown as the one member from the field of urban planning to the Alexandria Environmental Policy Commission; and (c) reappointed Lynn Pendlebury Colby as the one resident member who is not a landlord or a tenant (homeowner) and Richard Sforza as the one tenant member to the Alexandria Landlord-Tenant Relations Board.

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

10. City Council received the Monthly Financial Report for the period ending January 31, 2009.

11. City Council approved the transfers of CDBG monies as follows:
From Program: To Program: Amount
Home Rehabilitation Homeownership Assistance $369,000
Loan Program (HRLP) Program (HAP)

12. City Council authorized the City Manager to: 1. submit a grant application, in the amount of $15,000, to the Virginia Commission for the Arts' Services to the field grant program; 2. executed all necessary documents that may be required; and 3. due to severe City budget constraints, note that no additional City funds will be requested to fund this program in FY 2010 or future years.

13. City Council: 1. ratified the appointment of Bruce Johnson as a City representative and Morgan Routt as the City alternate representative to the Firefighters and Police Officers Pension Board; and 2. ratified the appointment of Bruce Johnson to the Post-Employment Benefits Trust Board.

The voting was as follows:

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

8. Transfer of Responsibility For a Regional Clinical Response Team From the Northern Virginia Training Center to the Alexandria Community Services Board.

(A copy of the City Manager's memorandum dated February 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8; 2/24/09, and is incorporated as part of this record by reference.)

Director of Mental Health, Mental Retardation and Substance Abuse Gilmore responded to questions of City Council regarding the classification of the employee.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilman Wilson and carried 6-0, City Council: 1. approved the transfer of responsibility for a regional Clinical Response Team (CRT) program from the Northern Virginia Training Center (NVTC) to the Alexandria CSB; 2. authorized an increase of 1.0 FTE Therapist III to be fully-supported by the Northern Virginia Regional Projects Office; 3. accepted $139,856 in Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services funding that has been allocated to this program by the Regional Management Group; and 4. affirmed that because of severe City budget constraints no City funds will be available to fund this program in FY 2009 or future years. The voting was as follows:

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

CONTESTED APPOINTMENTS

14. Alexandria Board of Zoning Appeals

2 Citizen Members

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

NAME:

Stephen Hubbard
David Lantzy
Keith Larson

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/24/09, 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 Stephen Hubbard and David Lantzy as the two citizen members to the Alexandria Board of Zoning Appeals. The voting was as follows:

Euille - Hubbard, Lantzy
Pepper - Hubbard, Lantzy
Gaines - Absent
Krupicka - Hubbard, Lantzy
Lovain - Hubbard, Lantzy
Smedberg - Hubbard, Lantzy
Wilson - Hubbard, Lantzy

15. Alexandria Park and Recreation Commission
1 Member From Planning District II

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

NAME:

Tom Hastings
Stephen Clark Mercer
Marsha Way

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/24/09, 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 appointed Stephen Clark Mercer as the one member from Planning District II to the Alexandria Park and Recreation Commission. The voting was as follows:

Euille - Mercer
Pepper - Mercer
Gaines - Absent
Krupicka - Mercer
Lovain - Mercer
Smedberg - Mercer
Wilson - Mercer

16. Alexandria Planning Commission

3 Citizen Members

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

NAME:

Joshua Carpenter
Shejal Desai
Donna Foccum
Jesse Jennings
Yong Kim
Brett Libresco
J. Lawrence Robinson

(Material pertaining to the above appointment is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/24/09, 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 Donna Fossum, Jesse Jennings, and J. Lawrence Robinson as the three citizen members to the Alexandria Planning Commission. The voting was as follows:

Euille - Fossum, Jennings, Robinson
Pepper - Fossum, Jennings, Robinson
Gaines - Absent
Krupicka - Fossum, Jennings, Robinson
Lovain - Fossum, Jennings, Robinson
Smedberg - Fossum, Libresco, Robinson
Wilson - Fossum, Jennings, Robinson

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

17. Recommendations and Status Report on Legislation Introduced at the 2009 General Assembly Session.

(A copy of the City Manager's memorandum dated February 23, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 17; 2/24/09, and is incorporated as part of this record by reference.)

Legislative Director Caton made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried 6-0, City Council received the report. The voting was as follows:

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

18. Presentation on the Health Visioning Process Sponsored by the Partnership for a Healthier Alexandria.

Health Department Director Kaplowitz, along with Partnership Chair Marian Van Landingham, and Ms. Festerman with the Health Department, made a presentation of the Partnership for a Healthier Alexandria Visioning Plan and responded to questions of City Council.

19. Oral Report on the Fairfax County Lake Barcroft Dam/Flood Inundation Mapping Study.

Director of Transportation and Environmental Services Baier and Bicycle Coordinator Lambert made a presentation of the report and study and responded to questions of City Council.

20. Receipt of the Report of the Ad Hoc Motorcoach Task Force, Scheduling Certain Recommendations For Public Hearing on March 14, 2009, and Referral of Certain Recommendations to the Traffic and Parking Board.

(A copy of the City Manager's memorandum dated February 19, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 20; 2/24/09, and is incorporated as part of this record by reference.)

Director Baier, along with Vanessa Turner-Maybank, Director of Tourism Management and Clerk of Council in Charleston, South Carolina, made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried 6-0, City Council received the report, scheduled recommendations one through seven for public hearing on Saturday, March 14, and referred recommendations eight through ten to the Traffic and Parking Board for consideration and public hearing.

Acting City Attorney Spera, along with Mr. Baier, Ms. Turner-Maybank and Mr. Lambert, responded to questions of City Council.

Councilman Krupicka asked to get a memo from staff on the funding options, other places the money could be taken from, and a good analysis of the options that the Council and community have for how to pay for this.

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES

None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilmember Lovain said the Transportation Planning Board exercised its power to stop a project from proceeding through the TIP and long-range plan process for the air quality conformity analysis, and that was for the widening of I-66. He said there was an agreement with Arlington and the Federal government about 30 years ago that I-66 would remain a four-lane highway inside the Beltway. In 1999, Congress changed that law so it could be widened. Last year when it came before the TPB, the TPB said it had a proviso that VDOT would need to do a multi-model study to look at other modes in that corridor, and when asked about it, VDOT said they would get around to it at some point in about four years. A vote was taken to strike the project from the approved list of projects and it was a tie vote, and in fact there were three tie votes. Fairfax County, Falls Church, City of Fairfax, Arlington and Alexandria all voted with Arlington, as well as everyone from D.C. voted with Arlington. Prince William County and Loudoun County voted with VDOT and Maryland was scratching their heads and split. It then went to a weighted vote where population is taken into account and the motion to strike the project carried. He said Fairfax County Board Chair Sharon Bullova wants Fairfax representatives to change their vote. He said there was some misunderstanding about the nature of the study, as VDOT insists it has to be a four-year $15 million full blown EIS. Councilmember Lovain said the issue will come back to the board for a revote and said he was happy to hear anyone's opinion on that. He said he felt he wanted to stand in solidarity with Arlington and VDOT needed to take that order to do a multi-model study seriously and the TPB exercised some authority.

(b) Councilman Wilson said the first meeting of the new combined Human Services/Public Safety Policy Committee of the Council of Governments met and they devised their 2009 work plan that will focus on childhood obesity as well as gang prevention efforts. An additional task is their efforts as relates to partnerships with the non-profit, faith based and volunteer organizations as relates to the safety net and trying to preserve that safety net.

(c) Councilman Krupicka said they had the City Schools meeting this week in preparation of the joint work session as well as a discussion on the progress the schools are making with the Human Services Department looking at ways to coordinate better on preschool. It also had a discussion about making better use of playing fields and sports fields.

(d) Councilman Krupicka said people in the arts community asked him if City Council would consider putting City wide sanctioned arts events on the City Council calendar. He said he personally liked to have a community calendar that people could update, and he asked staff to comment.

Mayor Euille said he would think it would be okay as long as it's defined and endorsed by the Arts Commission or organization.

(e) Councilmember Lovain said they had the first meeting of the Potomac Yard Metrorail Station Feasibility Work Group, and one of the initial issues is the location site for the station. He said he was very pleased that Metro showed up in force and was interested in the subject. He said they will see movement on that in the coming months.

(f) Mayor Euille noted that last Saturday he delivered the State of the City address at the new Charles Houston Recreation Center and that facility is now open to the public. He said the State of the City address is on the City's website.

ORAL REPORT FROM THE CITY MANAGER

Planning Director Hamer and Transportation and Environmental Services Director Baier gave a presentation and update on the Cameron Station signage that was discussed at Saturday's public hearing meeting.

Planning Director Hamer gave an update on the special use permit (SUP) process that was brought up at Saturday's public hearing meeting and the SUP for Bright Start Learning Center and Food Matters expansions and DSUP's in Cameron Station and others City-wide. She noted that Bright Start and Food Matters could not make the March public hearing for the Planning Commission as it didn't meet the advertising requirements, but it will be before the Commission in April. She noted that she's asked staff to look at the 15 or so DSUPs and CDD's where it has put the SUP condition in place and see if they are worth revisiting.

City Manager Hartmann introduced the new Assistant City Manager for Management Improvements Tom Gates.

ORDINANCES AND RESOLUTIONS

21. Consideration of a Resolution on the Waterfront Plan Process. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated February 19, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 21; 2/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried 6-0 by roll-call vote, City Council adopted the resolution on the Waterfront Plan Process, noting that this resolution is exactly the same as the one seen on January 13 and February 2 and this will commence March 2009 with an anticipated completion date 12 months later. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2323

WHEREAS, the revitalization of the Alexandria Waterfront is important to the quality of life as well as the economic and social health of Alexandria as a whole; and

WHEREAS, the City Council wishes to establish a public participation process for the planning of the Alexandria Waterfront that is open, fair broadly inclusive and facilitates the preparation of a plan for the area that takes advantage of limited opportunities presented by redevelopment and provides long-term benefits to residents and businesses in Alexandria as a whole;

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

1. There is hereby established broadly inclusive public planning process for the Alexandria Waterfront Plan.

2. All meetings held to discuss the Waterfront Plan will be open to all members of the public, including all residents and businesses of Alexandria.

3. A series of meetings will be held, to include:

a. Informational meetings to identify existing conditions, study other nationally and internationally successful waterfronts, and identify potential opportunities and constraints;

b. Interactive meetings to enable interested parties and groups to share their ideas for the Waterfront Plan;

c. A series of community workshops to establish goals, values, principles and options for the Waterfront plan; and

d. Walking and boat tours of Alexandria Waterfront and waterfronts in other cities.

4. The Planning Commission will play an active role in guiding the planning process.

5. Administrative and technical support for these public meetings will be provided primarily by the Department of Planning and Zoning staff, supplemented by a consultant team and staff other City departments and agencies.

6. Staff shall endeavor to present its findings recommendations to the Planning Commission and the City Council in twelve months.

OTHER

22. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated February 19, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 22; 2/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried 6-0, City Council: 1. scheduled a work session on the Matrix Study of the Department of Recreation, Parks and Cultural Activities at 5:30 p.m. before the Tuesday, May 26 legislative meeting; and 2. received the revised calendar which includes: the joint budget work session with the School Board on Monday, March 9 at 6:30 p.m. at the George Washington Middle School Library, 1005 Mount Vernon Avenue, and the annual Days of Remembrance ceremony on Tuesday, April 21 at noon on Market Square.

Councilman Wilson suggested asking the entire Parks and Recreation Commission to come to the work session on the Matrix Study on May 26.

Councilman Smedberg noted that he would not be at the March 11 budget public hearing.

The voting was as follows:

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

EXECUTIVE SESSION

23. Consideration of Convening An Executive Session Closed to the Public For Consultation with Legal Counsel Regarding the Pending Ethanol Litigation.

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried 6-0, at 9:43 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia for the purpose of consulting with legal counsel regarding the pending ethanol litigation. The voting was as follows:

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

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried 6-0, at 9:56 p.m., City Council reconvened the meeting. The voting was as follows:

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

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried 6-0 by roll-call vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2324

WHEREAS, the Alexandria City Council has this 24^th day of February 2009, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried 6-0, the City Council meeting of February 24, 2009, was adjourned at 9:57 p.m. The voting was as follows:

Smedberg "aye" Gaines absent
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "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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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.

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