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Regular Meeting
Tuesday, November 10, 2009 - - 7:00 p.m.

* * * * *

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. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Johnson, Chief Financial Officer, Office of Management and Budget (OMB); Mr. Baier, Director, Transportation and Environmental Services (T&ES); Mr. Castrilli, Communications Director, City Manager's Office; Mr. Gates, Assistant City Manager, City Manager's Office; Mr. Skrabak, Director, Environmental Quality; Ms. Taylor, Budget Analyst, OMB; Ms. Escher, Principal Planner, Planning and Zoning (P&Z); Ms. Boyd, Director, Citizen Assistance; Ms. Triggs, Director, Finance; Mr. Caton, Legislative Director, City Manager's Office; Mr. Maslanka, Division Chief, T&ES/Transit Services; Mr. Welch, Comptroller, Finance; Ms. Baker, Director, Office on Women; Ms. Collins, Assistant City Manager for Community and Human Services, Human Services; Mr. Eisinger, Budget Analyst, OMB; Mr. Sharma, Division Chief, Environmental Quality; Mr. Tran, Senior Air Pollution Control Specialist, Environmental Quality; Mr. Garbacz, Division Chief, T&ES; Ms. Kidd, Division Chief, Finance; Ms. McLean, ITS; Police Captain Uzzell; and Mr. Lloyd.

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

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.

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

(a) The Public Hearing Meeting Minutes of October 17, 2009; and

(b) The Regular Meeting Minutes of October 27, 2009.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the public hearing meeting minutes of October 17, 2009 and the regular meeting minutes of October 27, 2009. The voting was as follows:

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

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

None.

PROCLAMATIONS

None.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (4-12)

(Resignations and Uncontested Appointments)

4. 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. 4 (a-c); 11/10/09, and is incorporated as part of this record by reference.) 5. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria-Gyumri Sister City Committee
1 Citizen Member

(b) Archaeological Commission
1 Citizen Member From Planning District II

(c) Commission on Aging
1 Citizen Member

(d) Commission on HIV/AIDS
1 Citizen-at-Large

(e) George Washington Birthday Celebration Committee
1 Member Nominated by the Friendship Veterans
Fire Engine Association

(f) Local Emergency Planning Committee
1 Representative of a Community Group

(g) Park and Recreation Commission
1 Planning District II Member

(h) Youth Policy Commission
1 Member From the Park and Recreation Commission
1 Parent From School Board District A
1 Member of Professions Which Require Special Training
or Knowledge in Issues Affecting Youth

(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. 5 (a-h); 11/10/09, and is incorporated as part of this record by reference.)

(Reports and Recommendations of the City Manager)

6. Receipt of Report of the City Council Naming Committee on Naming the Gymnasium and Pool at Charles Houston Recreation Center.

(A copy of the City Manager's memorandum dated November 4, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 6; 11/10/09, and is incorporated as part of this record by reference.)

7. Authorization to Apply for Renewed Grant Monies to Fund a Mentoring Program Administered By the Alexandria Court Services Unit.

(A copy of the City Manager's memorandum dated November 2, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 7; 11/10/09, and is incorporated as part of this record by reference.)

(Ordinances for Introduction)

8. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend and Reordain Section 3-2-246 (Exemptions; Limitations on Application) of Article N (Tax on Meals Sold by Restaurants) of the Alexandria City Code.

(A copy of the City Manager's memorandum dated October 28, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8; 11/10/09, 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 as Exhibit No. 2 of Item No. 8; 11/10/09, 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. 8; 11/10/09, and is incorporated as part of this record by reference.)

9. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Add a New Article X (Pollution Control Equipment Tax Exemption) to Chapter 2 (Taxation) of Title 3 (Finance, Taxation and Procurement) of the Alexandria City Code.

(A copy of the City Manager's memorandum dated October 28, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 9; 11/10/09, 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 as Exhibit No. 2 of Item No. 9; 11/10/09, 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. 9; 11/10/09, and is incorporated as part of this record by reference.)

10. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Repeal Article T (Daily Rental Tax) and to Adopt and Reordain a New Article T (Short-Term Rental Tax) to Chapter 2 (Taxation) and Title 3 (Finance, Taxation and Procurement) of the Alexandria City Code.

(A copy of the City Manager's memorandum dated October 27, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 10; 11/10/09, 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. 10; 11/10/09, 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. 10; 11/10/09, and is incorporated as part of this record by reference.)

11. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Adopt an Amendment to Section 11-513 of the City’s Zoning Ordinance to Apply the Zoning Regulations Governing Certain Small Businesses to the Cameron Station Development.

(A copy of the City Manager's memorandum dated November 2, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 11/10/09, 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. 11; 11/10/09, 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. 11; 11/10/09 and is incorporated as part of this record by reference.)

12. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Make Supplemental Appropriations For The Support of the City Government For Fiscal Year 2010.

(A copy of the City Manager's memorandum dated November 2, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 11/10/09, 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. 12; 11/10/09, 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. 12; 11/10/09 and is incorporated as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council approved the consent calendar, with the exception of docket items #7 and #12, which were considered under separate motions. The City Manager's recommendations were as follows:

4. City Council accepted the following resignations with regret: (a) JoAnn Miller, Commission on Aging; (b) Ruth Lankford Chamowitz, Community Services Board; and (c) Sonya L. Sacks, Consumer Affairs Commission.

5. City Council made the following appointments: (a) appointed Matthew Charpentier as the citizen member to the Alexandria-Gyumri Sister City Committee; (b) reappointed Donald Kent, Jr., as the citizen member from Planning District II to the Archaeological Commission; (c) reappointed Patricia Sullivan-Perry as the citizen member to the Commission on Aging; (d) appointed Robert Nast as the citizen-at-large to the Commission on HIV/AIDS; (e) appointed Joseph Shumard as the member nominated by the Friendship Veterans Fire Engine Association to the George Washington Birthday Celebration Committee; (f) reappointed Karen Helbrecht as the representative of a community group to the Local Emergency Planning Committee; (g) reappointed Stephen Mercer as the Planning District II member to the Park and Recreation Commission; and (h) reappointed Stephen Mercer as the member from the Park and Recreation Commission, appointed Tammy Smith as the parent from School Board District A, and appointed Sarah Cunningham as the member of professions which require special training or knowledge in issues affecting youth to the Youth Policy Commission.

6. City Council: (1) received the recommendation of the City Council Naming Committee to name the gymnasium and pool at the Charles Houston Recreation Center; and (2) set the proposal for public hearing and consideration on Saturday, November 21, 2009.

8. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, November 21, 2009.

9. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, November 21, 2009.

10. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, November 21, 2009.

11. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, November 21, 2009.

The voting was as follows:

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

7. Authorization to Apply for Renewed Grant Monies to Fund a Mentoring Program Administered By the Alexandria Court Services Unit.

(A copy of the City Manager's memorandum dated November 2, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 7; 11/10/09, and is incorporated as part of this record by reference.)

Councilman Krupicka inquired whether there were any other metrics used besides the court appearances metrics to determine if the program was working.

Deputy City Manager Evans stated that she would contact the Director Lillian Brooks, Court Services Unit, and get the answer to that question.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) authorized the Court Service Unit (CSU) to submit a renewal grant application for $18,100 to the Virginia Department of Criminal Justice Services to support the CSU iMovie Mentor program (It should be noted that notification of this grant opportunity was received October 28 and the grant application was due on October 30, so the CSU filed the application subject to later Council approval in order to meet the submission deadline); and (2) authorized the City Manager to execute the necessary grant documents. The voting was as follows:

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

12. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Make Supplemental Appropriations For The Support of the City Government For Fiscal Year 2010.

(A copy of the City Manager's memorandum dated November 2, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 12; 11/10/09, 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. 12; 11/10/09, 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. 12; 11/10/09 and is incorporated as part of this record by reference.)

Mr. Johnson, Chief Financial Officer and Ms. Taylor, Budget Analyst, responded to questions from Council about grant activity and items that might possibly help the budget shortfall.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Pepper and carried unanimously, City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, November 21, 2009. The voting was as follows:

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

PUBLIC HEARING:

13. Public Hearing and Consideration of the Recommendation of the City Council Naming Committee to Name the City's New DASH Maintenance Facility in Honor of the Late William B. Hurd.

(A copy of the City Manager's memorandum dated November 3, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 13; 11/10/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing on the proposal to name the new DASH Maintenance Facility in honor of the late William B. Hurd and approved the recommendation of the City Council Naming Committee to name the new facility in honor of the late William B. Hurd. The voting was follows:

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

CONTESTED APPOINTMENTS

14. Archaeological Commission
1 Member at Large

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

NAME: ENDORSED BY:

Ann Davin
Patrick Murray

(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; 11/10/09, 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 Ann Davin as the member at large to the Archaeological Commission. The voting was as follows:

Euille - Davin
Donley - Davin
Fannon - Murray
Hughes - Murray
Krupicka - Davin
Pepper - Davin
Smedberg - Davin

15. USS Alexandria Liaison Committee
1 Representative From the Alexandria Chamber of Commerce

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

NAME: ENDORSED BY:

Adron Krekeler Tina Leone, President/CEO, Alexandria Chamber
of Commerce

(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; 11/10/09, 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 waived the residency requirement and appointed Adron Krekeler as the representative from the Alexandria Chamber of Commerce to the USS Alexandria Liaison Committee. The voting was as follows:

Euille - Krekeler
Donley - Krekeler
Fannon - Krekeler
Hughes - Krekeler
Krupicka - Krekeler
Pepper - Krekeler
Smedberg - Krekeler

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

16. Consideration City Charter Amendments Regarding Council Elections Which May Be Considered as a Part of the Legislative Package for the 2010 General Assembly Session.

(A copy of the City Manager's memorandum dated October 29, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/10/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried 4-3, City Council recommended not to offer any amendments to the Charter Bill as it relates to City Council elections and noted that the next election will be held November 2012, with members serving three year terms. The voting was as follows:

Donley "aye" Fannon "no"
Smedberg "aye" Hughes "no"
Euille "aye" Krupicka "aye"
Pepper "no"

Council participated in a discussion about what options should be included in a proposed election process for Council elections including staggered terms, length of terms, when the election should take place and a possible referendum to the voters.

17. Consideration of Authorizing the City Manager to Approve Construction Permits Allowing BRAC-133 Related Local Road Improvements to Seminary Road and Beauregard Street.

(A copy of City Manager's memorandum dated November 4, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/10/09, and is incorporated as part of this record by reference.)

Director of Transportation and Environmental Services Baier gave a presentation of the road improvements to the Seminary Road and Beauregard Street intersection and responded to questions from Council about meeting with the community, the type of improvements that will possibly be made to the intersection, alternative transportation improvements and environmental reviews of the project.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Hughes and carried unanimously, City Council authorized the City Manager to direct City staff to undertake reviews of the proposed improvements to Seminary Road and Beauregard Street adjacent to the Mark Center, and to authorize, subject to the approval of the Director of the Department of Transportation and Environmental Services, the issuance of related construction permits as long as those improvements are consistent with the recommendations detailed in the Vanasse Hangen Brustlin, Inc. report and requested that City staff have a community meeting in the West End to discuss the local road improvements. The voting was as follows:

Donley "aye" Fannon "aye"
Hughes "aye" Pepper "aye"
Euille "aye" Krupicka "aye"
Smedberg "aye" 18. Consideration and Approval of Phase I Projects (Fugitive Dust Controls) Under the 2008 Project Schedule and Agreement Between the City and Mirant Potomac River LLC.

(A copy of City Manager's memorandum dated November 2, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/10/09, and is incorporated as part of this record by reference.)

Director of Environmental Quality Skrabak gave a presentation on the environmental controls that would be installed at the Mirant Plant and responded to questions about types of materials that would be installed and questions about the usage of the settlement money.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the Mirant Community Monitoring Group's (MCMG) recommendations as stated in the motion passed at the MCMG open house on October 8, 2009, and authorized City staff to work with Mirant to implement the following five fugitive dust control measures at the Mirant Potomac River Generating Station as recommended by the MCMG, provided that the total installed cost will be less than the $2 million budget as specified in the Project Schedule and Agreement:

(1) Installation of fog dust suppression system for Ash loading;
(2) Purchase of a street sweeper;
(3) Installation of 30-foot high windscreens for the coal pile;
(4) Installation of conveyor drip plans; and
(5) Provide partial funding for the installation of the new ash loader that was previously purchased and received by Mirant (with net cost to escrow account not to exceed $100,000)

The voting was as follows:

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

19. Receipt of the Monthly Financial Report for the Period Ending September 30, 2009.

(A copy of the City Manager's memorandum dated October 28, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/10/09, 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 received the Monthly Financial Report for the period ending September 30, 2009. The voting was as follows:

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

20. Receipt of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2009.

(A copy of the City Manager's memorandum dated November 4, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/10/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council received the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2009. The voting was as follows:

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

21. Receipt of Listing 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 October 22, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/10/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion Councilman Krupicka, seconded by Councilwoman Pepper and carried unanimously, City Council: (1) received the listings of delinquent local property taxes; (2) authorized those parts of the delinquent real estate and personal property tax listings deemed advisable by the Director of Finance be published 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 intentionally paid less than the amount due and owed. The voting was as follows:

Krupicka "aye" Donley "aye"
Pepper "aye" Fannon "aye"
Euille "aye" Hughes "aye"
Smedberg "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) Mayor Euille thanked Dr. Kaplowitz and the Health Department for an outstanding H1N1 Flu Clinic held on October 31. Mayor Euille noted that everyone was cooperative and professional throughout the day.

(b) Councilman Krupicka congratulated everyone who was victorious last Tuesday in the Election and expressed that he was looking forward to working with them to keep the State moving forward.

(c) Councilman Krupicka stated that he was chair of the Virginia Safe Routes to Schools Network, which establishes procedures for distributing federal funds for making it easier for children to walk and bike to school. Councilman Krupicka reported that there was a report in the Washington Post stating that Virginia was one of the worst states for pedestrian safety and he pointed out that the City's legislative package includes a request to create a law for cars to stop for pedestrians in crosswalks. Councilman Krupicka noted that in the Annual Report from Safe Routes to Schools, Mount Vernon Elementary School has about 32% of the students walking to school and 3% bike to school and at George Mason Elementary School, 90% of the students walk or bike to school. Councilman Krupicka noted that 9 schools participate in the Safe Routes to School program and the Alexandria City Public Schools recently applied for a $95,000 grant from VDOT to conduct additional in-school educational programs and develop walking maps. Councilman Krupicka also reported that the program will expand to 11 schools next year and Tucker Elementary School has been particularly active, repealing the prohibition of their walking and biking policy, increasing the number of students who participate in the program.

(d) Councilwoman Pepper stated that the DASH company had a trolley on display in front of City Hall today that the City is considering purchasing for use on King Street and she suggested that others visit the trolley tomorrow.

(e) Councilwoman Pepper noted that the Mayor's 6th Annual Unity Breakfast will be held on November 25 at the Hilton Mark Center.

(f) Councilman Fannon thanked all the Veterans that have served this country for years, and he noted that today was the birthday of the U.S. Marine Corps.

(g) Councilman Fannon also congratulated everyone who won in last week's election and stated that he would be glad to work with the Governor to make Alexandria a better place.

ORAL REPORT FROM THE CITY MANAGER

None.

ORDINANCES AND RESOLUTIONS

22. Consideration of Budget Resolution Establishing the Process to be Used to Adopt Operating Budgets and Capital Improvement Programs.

(A copy of the City Manager's memorandum dated November 9, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/10/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council adopted a resolution establishing the process to be used to adopt operating budgets and capital improvement programs. The voting was as follows:

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

The resolution reads as follows:
Resolution No. 2368

Budget Resolution Establishing the Process To Be Used
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, 2166, and 2256 previously adopted by City Council have now expired; and

WHEREAS, City Council wishes to establish a budget process that is responsive to the economic times in which we live and that provides the Council and community with clear information about the trade-offs between revenues and services in order to facilitate the creation of the final budget; and

WHEREAS, City Council understands that after four years of program reductions, audits and efficiency efforts, the capacity of the city to do the same work for less money has been essentially eliminated; and

WHEREAS, City Council believes that flexibility is needed for both the preparation and evaluation of expense items as well as with regard to 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 desires 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, but understands that economic reality will require stark trade-offs between services and revenues; and

WHEREAS, over the last ten years, residential real estate taxes have borne an increasing share of the burden of paying for City and School services both because of the earlier run-up in residential home value and development and most recently because of the decline of commercial property values; and

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

WHEREAS, the City Council is committed to assisting Alexandria City Public Schools improve student performance, decrease drop-out rates and in achieving its mission and being among the best in Northern Virginia; and

WHEREAS, the City-Council understands that delayed infrastructure maintenance threatens the health and safety of the community as well as its long-term economic prosperity; 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 continue its focus on managing for results, sharing services with the Alexandria City Public Schools, and developing clear accountable metrics for all city programs and services; 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, objectives, and initiatives as outlined in the City Council’s 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, adopt this resolution 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 goals, objectives, and initiatives, potential discretionary supplemental increases crucial to achieving City Council’s strategic goals, objectives, and initiatives, 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 any appropriate market rate- adjustment for City and School staff), (c) the outlook for possible additional requests for City operating needs in the upcoming fiscal year and future capital needs in the upcoming fiscal year and succeeding 5 to 10 fiscal years, (d) the outlook for possible budget reductions and increases in fees, fines and charges for services, and (e) 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 5 to 10 years, (d) the outlook for possible budget reductions and increases in fees, fines and charges for services, and (e) the outlook for Federal and State grants, and 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 resident 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.

(6) That City Council plans to adopt such a budget resolution during the month of November for the next fiscal year.

(7) 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 of Council in February, prior to the upcoming fiscal year. Such budget shall meet any guidance for General Fund revenues and expenditures established by City Council.

(8) That the Board of the Alexandria City Public Schools is requested to approve an Operating Budget and Capital Improvement Program no later than the week of the first legislative meeting of the Council in February, prior to the upcoming fiscal year. Such budget, if it shall exceed or otherwise not comply with the guidance provided by City Council, shall clearly identify what operating programs and activities would be funded, if additional funding were provided above that guidance, and the reasons therefore.

(9) That the Council shall hold a budget public hearing on the City Manager’s proposed budget in the month following the budget submission by the City Manager and may hold an additional public meeting on the budget, if Council deems it necessary, in April, in addition to any effective tax-rate public hearing needing to be held prior to budget adoption.

(10) That the council requests that staff create a way for residents and organizations to submit written budget comments to the Council in lieu of or in addition to participation in public meetings.

(11) 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 Chief Financial Officer 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 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 there has not been a budget memo requested that relates to the specific item or a Council discussion of the proposal during a budget work-session or public hearing and (ii) such motion or amendment would have the effect of increasing any specific budget expenditures above the level of such expenditures 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, and (iii) such motion or amendment is not provided in writing electronically or in hard copy to all members of Council and the City Manager or Chief Financial Officer at least 7 days before the first budget work session to consider such motions or amendments (the preliminary add-delete work session), or discussed at the preliminary add-delete work session to be considered at the final add-delete work session. (2) In the Alexandria City Council, any appropriation from the 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 technical 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 Fund Balance. As specified in Section c (2), any appropriation from the 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. Section (d) Expiration -- The provisions of this resolution shall expire with the expiration of the term of this City Council.

OTHER

23. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated November 3, 2009, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No.1 of Item No. 23; 11/10/09, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Smedberg and carried unanimously, City Council received the revised calendar which includes the 32nd Annual Volunteer Appreciation Party and Holiday Celebration on Saturday, November 14 from 6:00 p.m. to 8:00 p.m., at the Alexandria Archaeology Museum, 105 North Union Street. City Council also added the Mayor's Annual Unity Breakfast, to be held on Wednesday, November 25, 2009 at 7:30 a.m., at the Hilton Mark Center. The voting was as follows:

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

EXECUTIVE SESSION

24. Consideration of Convening an Executive Session Closed to the Public For Discussion or Consideration of the Acquisition of Real Property for a Public Purpose.

WHEREUPON, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, at 9:05 p.m., City Council convened in executive session, pursuant to Section 2.2-3711(a)(3) of the Code of Virginia for the purpose of discussion and consideration of the acquisition of real property for public purpose or disposition of publicly held real property. 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 9:20 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, 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. 2369

WHEREAS, the Alexandria City Council has this 10th 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.
*******

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Hughes, seconded by Councilman Smedberg and carried unanimously, City Council adjourned the regular meeting of November 10, 2009 at 9:22 p.m. The voting was as follows:

Hughes "aye" Donley "aye"
Smedberg "aye" Fannon "aye"
Euille "aye" Krupicka "aye"
Pepper "aye"
APPROVED BY:

_________________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

_______________________________
Gloria A. Sitton, CMC Deputy City Clerk



This docket is subject to change.

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