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

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Present: Mayor William D. Euille, Vice Mayor Kerry J. Donley, Members of Council Frank H. Fannon, Alicia Hughes, K. Rob Krupicka, Redella S. Pepper and Paul C. Smedberg.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Banks, City Attorney; Ms. Snow, Assistant City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Gates, Assistant City Manager; Mr. Caton, Legislative Director; Mr. Castrilli, Communications Director, City Manager's Office; Fire Chief Thiel; Ms. Boyd, Director, Citizen Assistance; Mr. Spengler, Director, Recreation, Parks and Cultural Activities; Mr. Browand, Recreation, Parks and Cultural Activities; Mr. Mallamo, Director, Historic Alexandria; Mr. Johnson, Chief Financial Officer; Police Lt. Uzzell; and Mr. Lloyd.

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

OPENING

1. Calling the Roll.

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

2. 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 November 10, 2009.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Vice Mayor Donley, to approve the regular meeting minutes of November 10, 2009.

Councilman Fannon said in the section on the Council elections from November 10, Councilman Krupicka called the question and there needed to be a second on that motion. He said he had a comment and proposal he wanted to make and he wasn't able to bring his position forward, and he asked Mayor Euille in the future to ask if there is further discussion on the item.

The voting on the motion carried 6-0 and was as follows:

Pepper "aye" Fannon "aye"
Donley "aye" Hughes absent
Euille "aye" Krupicka "aye"
Smedberg "aye"

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

City Council recognized the Department of Human Services, the Capital Area Food Bank and Giant Food for its donation of 100 $50 gift cards for the Department of Human Services holiday sharing program.

PROCLAMATIONS

4. Presentation of a Proclamation Declaring December 5, 2009 as the 39th Anniversary of the Campagna Center's Scottish Christmas Walk.

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

Pepper "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

5. Recognition of the Alexandria Citizens Academy Graduates.

City Council recognized the graduates of the Alexandria Citizens Academy.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (6-9)

(Resignations and Uncontested Appointments)

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

(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); 11/24/09, and is incorporated as part of this record by reference.) 7. Uncontested Appointments to Boards, Commissions and Committees:

(a) Affordable Housing Advisory Committee
1 Designee of the Commission on Aging

(b) Archaeological Commission
1 Member From the Alexandria Chamber of Commerce

(c) Citizen Corps Council
1 Representative of the Emergency Medical Services Council,
Medical Reserve Corps, or a Person With Emergency Medical
Response Experience

(d) Commission for the Arts
1 Member Who Represents the Public-at-Large, as Arts Consumer
and Participant

(e) Commission on Persons With Disabilities
1 Citizen Member
1 Representative of the Commission on Aging

(f) Community Services Board
1 Citizen Member

(g) Environmental Policy Commission
1 Citizen-at-Large Member

(h) Potomac Yard Advisory Committee
1 Member Representing the Potomac Yard Area
1 Member Representing the Potomac West Area

(i) Sister Cities Committee
1 Citizen Member

(j) Waterfront Committee
1 Representative From the Environmental Policy Commission
1 At-Large Citizen Representative Other Than From Areas Noted
(Resides West of Washington Street)
1 Representative From the Alexandria Chamber of Commerce
1 Representative From the Archaeological Commission

(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-j); 11/24/09, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

8. Consideration of Grant Application to the SAFER (Staffing for Adequate Fire and Emergency Response) Grant Program, the U.S. Department of Homeland Security, Federal Emergency Management Agency for Funding for Firefighters.

(A copy of the City Manager's memorandum dated November 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/24/09, 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 November 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/24/09, and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Krupicka and carried unanimously, City Council adopted the consent calendar, with the removal of item #8 and considered it under separate motion. The City Manager's recommendations were as follows:

6. City Council accepted the following resignations with regret: (a) Allison Taylor, Alexandria-Caen Sister City Committee; (b) Kenneth Hill, Alexandria-Gyumri Sister City Committee; (c) JoAnn Maldonado, Human Rights Commission; and (d) Patrick Mallory and Christine Samonds, Social Services Advisory Board.

7. City Council made the following appointments: (a) reappointed William Harris as the one designee of the Commission on Aging to the Affordable Housing Advisory Committee; (b) appointed Ellen Hamilton as the one member from the Alexandria Chamber of Commerce to the Archaeological Commission; (c) appointed David Adams as the one representative of the Emergency Medical Services Council, Medical Reserve Corps, or a person with emergency medical response experience to the Citizen Corps Council; (d) reappointed Barbara Boehm as the one member who represents the public-at-large, as arts consumers and participants, to the Commission for the Arts; (e) appointed Fred Scheigert (identified a disability) as the one citizen member and reappointed Mary Parker as the one representative of the Commission on Aging to the Commission on Persons with Disabilities; (f) appointed Thomas Craig, III as the one citizen member to the Community Services Board; (g) reappointed Peter Pennington as the one citizen-at-large member to the Environmental Policy Commission; (h) reappointed Maria Wasowski as the one member representing the Potomac Yard Area and appointed Jennifer Taylor as the one member representing the Potomac West Area to the Potomac Yard Advisory Committee; (i) reappointed Dianne Markowitz as the one citizen member to the Sister Cities Committee; (j) reappointed Peter Pennington as the one representative from the Environmental Policy Commission, reappointed Nathan Macek as the one at-large citizen representative other than from areas noted (resides west of Washington Street), reappointed Michael Geissinger as the one representative from the Alexandria Chamber of Commerce and reappointed Pete Petersen as the one representative from the Archaeological Commission to the Waterfront Committee.

9. City Council authorized $4,148,500 in 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" Donley "aye"
Krupicka "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Smedberg "aye"

8. Consideration of Grant Application to the SAFER (Staffing for Adequate Fire and Emergency Response) Grant Program, the U.S. Department of Homeland Security, Federal Emergency Management Agency for Funding for Firefighters.

(A copy of the City Manager's memorandum dated November 13, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/24/09, and is incorporated as part of this record by reference.)

There was discussion from Council on the filling of the positions and picking up of the funding after the grant money runs out in two years.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously, City Council: 1. approved the submission of the grant application (due December 18, 2009); and 2. authorized the City Manager to execute the necessary documents that may be required. The voting was as follows:

Donley "aye" Fannon "aye"
Krupicka "aye" Hughes "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

CONTESTED APPOINTMENTS

10. Commission For the Arts
1 Member Who Has Expertise in the Arts, Either as Practitioners of
Various Arts Disciplines or as Professional Administrators
Working in the Field

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

NAME: ENDORSED BY:

Shauna Lange
David Livingston

(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. 10; 11/24/09, 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 David Livingston as the one member who has expertise in the arts, either as practitioners of various arts disciplines or as professional administrators working in the field to the Commission for the Arts. The voting was as follows:

Euille - Livingston
Donley - Livingston
Fannon - Livingston
Hughes - Lange
Krupicka - Livingston
Pepper - Livingston
Smedberg - Livingston

11. Commission on Information Technology
5 Citizen-at-Large Members

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

NAME: ENDORSED BY:

Nina Baliga
Daniel Brooks
Steven Cooper
Kostas Liopiros
Efrain Santiago
Bob Soltys

(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. 11; 11/24/09, 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 Daniel Brooks and Kostas Liopiros and appointed Nina Baliga, Steven Cooper and Bob Soltys as the five citizen-at-large members to the Commission on Information Technology. The voting was as follows:

Euille - Baliga, Brooks, Cooper, Liopiros, Santiago
Donley - Baliga, Brooks, Cooper, Liopiros, Santiago
Fannon - Baliga, Brooks, Cooper, Liopiros, Soltys
Hughes - Baliga, Brooks, Cooper, Liopiros, Soltys
Krupicka - Baliga, Brooks, Cooper, Liopiros, Soltys
Pepper - Baliga, Brooks, Cooper, Liopiros, Soltys
Smedberg - Baliga, Brooks, Cooper, Liopiros

12. Community Criminal Justice Board
1 Citizen Member

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

NAME: ENDORSED BY:

Raighne Delaney
Brad Lindsay
Jermaine Mincey

(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. 12; 11/24/09, 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 Raighne Delaney as the one citizen member to the Community Criminal Justice Board. The voting was as follows:

Euille - Delaney
Donley - Delaney
Fannon - Lindsay
Hughes - Delaney
Krupicka - Delaney
Pepper - Delaney
Smedberg - Delaney

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

Items 13 and 14 were heard together:

13. Consideration of Adoption of the City’s Legislative Package for the 2010 Virginia General Assembly.

14. Consideration of the Following Charter Amendments: 1. An Amendment to Increase the Membership of the City’s Board of Review of Real Estate Assessments (Sometimes Referred To As The Board of Equalization) From Five To Nine; 2. An Amendment To Authorize the Board of Review of Real Estate Assessments to Create Panels of Three Members To Hear Assessment Appeals. All Three Members Would Have To Be Present To Constitute a Quorum For Any Appeal. If The Panel Decision is Unanimous With Regard To An Appeal, The Panel Decision Would Be Final Unless the Full Board Voted To Hear The Appeal. The Full Board Would Also Hear Any Appeals in Which a Panel Decision Was Not Unanimous; and 3. An Amendment To Authorize the Board of Zoning Appeals To Grant a Variance To a Property Owner To “Alleviate a Clearly Demonstrable Hardship.” Charter Language Currently Requires a Property Owner to Demonstrate That The Hardship is “Approaching Confiscation.” This Change Would Bring Charter Language Into Conformity With The Language in State Law, Which Was Amended in the 2009 General Assembly Session.

(A copy of the City Manager's memorandums dated November 23, November 21, 2009, and October 19, 2009, are on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No's 13 and 14; 11/24/09, and are incorporated as part of this record by reference.)

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

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Pepper and carried unanimously, City Council adopted items A.1 and A.2, B.1 through B.11, C.1 through C.9, D.1 and D.2 as positions in the City's Legislative Package for the 2009 General Assembly session. The voting was as follows: The voting was as follows:

Smedberg "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Krupicka "aye"

15. Receipt of Updated Special Events Policies.

(A copy of the City Manager's memorandum dated November 18, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/24/09, and is incorporated as part of this record by reference.)

Mr. Browand, Recreation, Parks and Cultural Activities, made a presentation of the report and responded to questions of City Council.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council: 1. received the updated special events policies; 2. will hold a Council work session on Tuesday, December 8 to discuss special events policies and procedures; and 3. scheduled a public hearing on the special events policies on Saturday, January 23, 2010. The voting was as follows:

Donley "aye" Fannon "aye"
Pepper "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye"

REPORTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES
None

ORAL REPORTS BY MEMBERS OF CITY COUNCIL

and

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Vice Mayor Donley said he is the representative to the Council on the Eisenhower Partnership, and there is an on-going debate about funding for the current fiscal year. In the past they were receiving $26,000 annually, they were proposed to be cut, economic development money in the final budget got restored, and they thought they got their money, but they didn't. He said there seemed to be a communication/action issue, and Council will be getting a letter to restore the funding. Vice Mayor Donley said he would work with the City Manager to see what they can come up with in terms of the accommodation for the Eisenhower Partnership and will report back to Council or the City Manager will bring something to Council for consideration.

(b) Councilman Krupicka said the City Schools meeting met last night and the Schools continue to refine their projections about capacity and space needs. He said they saw the first draft last night of a list of opportunities for the City and Schools to share and collaborate to share services, reduce costs and bring about efficiencies, and there is work to do to bring those things to closure. He said he wanted Council to know there is a concrete and thoughtful list of items being reviewed by the Schools and City staff. He said he is hopeful they will see some of those in the next budget.

(c) Councilman Krupicka said the previous executive director of the Eisenhower Partnership understood that the City was planning to phase out funding of the Eisenhower Partnership, the idea being that every other business organization doesn't receive City funding. The Eisenhower Partnership has reached a level of maturity that would enable them to sustain themselves. If it is revisited, it should be revisited for every business association in the City at the same time.

(d) Councilman Fannon said many City employees live outside the area and he wanted to let the City employees know about the opportunities for Police, Fire and Sheriff Departments grants, so on December 14 he will have a seminar with Shane Cochran and Tom David from the Office of Housing, at 8 a.m., where it will have some members of the real estate community to talk about options to allow the City employees to take advantage of the real estate market while it is down and give them the opportunity to move to Alexandria.

(e) Councilman Fannon said the Turkey Trot race is this Thursday, Thanksgiving day, at Cora Kelly school at 10 a.m.

(f) Mayor Euille said the City Manager received a presidents award for excellence from the Virginia Building and Code Officials Association for outstanding achievement and support of their mission, which is protection of the health, safety and welfare of all persons who live, work or visit Virginia.

(g) Councilwoman Pepper invited everyone to attend the Mayor's Prayer Breakfast at 7:30 a.m. on November 25 at the Mark Center Hilton.

ORAL REPORT FROM THE CITY MANAGER

None.

ORDINANCES AND RESOLUTIONS

16. Consideration of Grant Application and Resolution for a Transportation Enhancement Program Grant from VDOT, to Partially Fund Restoration of Gadsby’s Tavern Museum Ice Well. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 11, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council adopted the resolution and authorized the City Manager to: 1. reapply for a federal transportation enhancement program grant to partially fund the restoration of Gadsby's Tavern Museum ice well in the amount of $200,000; and 2. authorized the City Manager to execute all necessary documents that may be required. The voting was as follows:

Smedberg "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

The resolution reads as follows:

RESOLUTION NO. 2370

WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program an enhancement project in the City of Alexandria; and

WHEREAS, the restoration of the ice well at Gadsby’s Tavern Museum, Alexandria’s 5-star hotel of the 18th century, will enhance the hospitality story of this important landmark; and

WHEREAS, the ice well is both an important part of Alexandria’s historic built environment and a rare survivor in an urban setting, providing an evocative glimpse into the City’s commercial and social history; and

WHEREAS, the Gadsby’s Tavern Museum ice well is located at an active intersection for foot traffic and is an important attraction for the on-road bikeway; and

WHEREAS, this project is compatible with the City of Alexandria’s interests and goals related to historic preservation and supports the economic vitality of our community; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria, requests the Commonwealth Transportation Board to establish a project for the restoration of the Gadsby’s Tavern Museum ice well; and

BE IT FURTHER RESOLVED that Gadsby’s Tavern Museum and its friends group, the Gadsby’s Tavern Museum Society, hereby agree to ensure a minimum 20 percent of the total cost for planning and design, right of way, and construction of this project, and that, if Gadsby’s Tavern Museum subsequently elects to cancel this project, Gadsby’s Tavern Museum hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation.

17. Consideration of a Resolution Establishing FY 2011 Budget Targets for the Alexandria City Government and the Alexandria Public Schools. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 20, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously by roll-call vote, City Council approved a resolution establishing FY 2011 budget targets for the Alexandria City government and the Alexandria Public Schools. The voting was as follows:

Krupicka "aye" Fannon "aye"
Donley "aye Hughes "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

The resolution reads as follows:
Resolution No. 2371

Budget Resolution Setting Guidance for FY 2011 General Fund Operating Budget and Capital Improvement Program for FY 2011-FY 2020

WHEREAS, the City Council of Alexandria passed Resolution 2368 on November 10, 2009, that established the process to be used for formulating the budget during the term of this Council and requires that City Council set budget guidance for the City Manager and the School Board for the FY 2011 budget;

WHEREAS, the City Council held a public hearing on the FY 2010 budget on October 17, 2009; and

WHEREAS, the City Manager and the Alexandria City Public Schools presented to City Council at its November 7, 2009, 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 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 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, the national economy has suffered the worst recession in at least 30 some years and perhaps 50 years;

WHEREAS, the regional and local economy has also declined significantly, although not at the rate of the national economy;

WHEREAS, a decline in real estate values in the City is expected between 5.7% and 9.4% with a best estimate of 8.1%;

WHEREAS, a loss in State revenues is expected for both the City General Fund budget and the Schools operating budget;

WHEREAS, these reductions in General Fund revenues due to the decline in the national, regional and local economies presents the City Council and City government with an overall decline of revenues of between 5.4% and 1.8%; with a best estimate at this time of a decline in revenues of -3.9% for FY 2011;

WHEREAS, this decline places demands on the City’s ability to deliver services, maintain and expand its infrastructure as well as meeting the expectations of City residents; and

WHEREAS, City Council fully expects that there will be substantial service reductions in the proposed budget and that these reductions may need to be continued for the foreseeable future;

WHEREAS, the budget must contain for all contractual commitments, including debt service; and

WHEREAS, City Council will not make any other material changes that may threaten the City’s AAA/Aaa bond rating.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA: The City Manager shall also provide estimates of the revenue and expenditure impact in FY 2012 of any budget amendment proposed by a Council member for consideration during the FY 2011 budget development process.

OTHER

18. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated November 18 and 24, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously, City Council adopted the schedule with the following notations: 1. scheduled the annual meeting of the Alexandria Transit Company stockholders at 6:45 p.m. before Council's Tuesday, February 23 legislative meeting; and 2. received the revised calendar which includes: the 6th annual Mayor's Unity Breakfast on Wednesday, November 25 from 7:30 a.m. to 9:30 a.m. at the Mark Center Hilton, 5000 Seminary Road; the annual Inova Hanukkah Celebration on Tuesday, December 15 at 5:30 p.m. at the Inova Alexandria Hospital Atrium, 4320 Seminary Road; the "First Responder's Night" hosted by the Andrew Jackson Lodge #120 on Thursday, February 18 at the George Washington Masonic Memorial (dinner at 6:15 p.m. and presentation following in the Association's Lodge room); and moved the Tuesday, January 12 work session on King Street retail and the Parking work session to Tuesday, February 9 and moved the Tuesday, January 26 work session on Urban Forestry and Athletic Fields to Tuesday, January 12, and on Tuesday, January 26 will have the Potomac Yard Council/Planning Commission joint work session.

Councilwoman Hughes noted that she would be absent from the December 12 public hearing meeting, as she has her UVA Sorenson graduation.

Deputy City Manager Evans confirmed that Governor Kaine will be in Alexandria on December 1 at 2 p.m., and it will be at Chadwick's Restaurant.

The voting was as follows:

Krupicka "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

19. Consideration of a License Agreement with TCG, Inc., Virginia, to Install Conduits and Fiber Optic Cable in the Public Rights-of-Way.

(A copy of the City Attorney's memorandum dated November 11, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/24/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Donley and carried unanimously, City Council approved the five-year license agreement with TCG Virginia, Inc., and authorized the City Manager to execute the license agreement and to take any other actions that are necessary to implement the agreement. The voting was as follows:

Krupicka "aye" Fannon "aye"
Donley "aye" Hughes "aye"
Euille "aye" Pepper "aye"
Smedberg "aye"

EXECUTIVE SESSION

20. Consideration of Convening an Executive Session Closed to the Public for the Purpose of Consultation with Legal Counsel Regarding A Legal Matter.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, at 8:33 p.m., City Council convened in executive session, pursuant to Sections 2.2-3711(a)(7) of the Code of Virginia for the purpose of consultation with legal counsel regarding specific legal matters. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, at 8:43 p.m., City Council reconvened the meeting. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

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

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"

The resolution reads as follows:
RESOLUTION NO. 2372

WHEREAS, the Alexandria City Council has this 24th day of November 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 Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the regular meeting of November 24, 2009 at 8:44 p.m. The voting was as follows:

Donley "aye" Fannon "aye"
Smedberg "aye" Hughes "aye"
Euille "aye" Krupicka "aye
Pepper "aye"



APPROVED BY:

___________________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

___________________________________
Jacqueline M. Henderson
City Clerk and Clerk of Council



This docket is subject to change.

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