Meeting Minutes for Special Meeting (05/03/2010)

Special Meeting
Monday, May 3, 2010 - - 6:30 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. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Castrilli, Director, Office of Communications, City Manager's Office; Mr. Gates, Assistant City Manager, City Manager's Office; Mr. Baier, Director, Transportation and Environmental Services; Mr. Lerner, Deputy Director, Transportation and Environmental Services; Mr. Johnson, Chief Financial Officer; Ms. Taylor, Office of Management and Budget; Mr. Routt, Office of Management and Budget; Mr. Doku, Office of Management and Budget; Mr. Elliott, Office of Management and Budget; Mr. Stewart, Office of Management and Budget; Mr. Touhill, Office of Management and Budget; Ms. Smith-Page, Director, Real Estate Assessments; Ms. Collins, Assistant City Manager/Director, Human Services; Police Captain Ogden; Fire Chief Thiel; Dr. Gilmore, Director, Mental Health/Mental Retardation and Substance Abuse; Sheriff Lawhorne; Mr. Catlett, Director, Office of Code Administration; Ms. Boyd, Director, Office of Citizen Assistance; Mr. Trobridge, Director, Office of Information Technology; and Mr. Lloyd.

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

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City Council held a work session on the final add/delete for the budget at 5:30 p.m.

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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.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION

2. Consideration of the Proposed Annual Operating Budget for FY 2011 (including Schools) and the Proposed Capital Improvements Program for FY 2011-2016 (including the Schools CIP.)

WHEREUPON, upon motion by Vice Mayor Donley and seconded by Councilman Krupicka, a motion was made that City Council adopt the annual general fund operating budget for FY2011 of $531,611,539 with the following amendments to the City Manager's proposed budget. The details of each amendment are described in the April 30, 2010 memo from the City Manager, "FY 2011 Budget Adoption - Draft of Tentative Actions for Monday Night" accompanying docket item #2: technical expenditure decreases (net of increases) of $4,554,481; other expenditure increases (net of decreases) of $2,038,021; revenue re-estimate decreases (net of increases) of $4,546,480; and tax and fee rate and new revenue increases of $2,030,020. The total increase in expenditures compared to the City Manager's proposed budget is $2,516,460, including an increase in cash capital funding for the FY 2011 - 2020 Capital Improvement Program of $295,000 and an increase in contingent reserves of $1,600,000. In addition, Council authorized the City Manager to make technical adjustments to each affected Departmental Budget from the non-departmental budget to reflect the proper allocation to departmental budgets of the adjustments related to items such as health insurance premiums, travel and education, fuel, postage and consulting services, details of these adjustments will be presented for approval by City Council in the context of the FY 2011 appropriations ordinance in June.

A SUBSTITUTE MOTION was made by Councilwoman Hughes to move adoption of the annual general fund operating budget for FY 2011 of $527,250,791 with the following amendments to the City Manager's proposed budget:
Technical expenditure decreases (net of increases) of $4,554,481
Other expenditure decreases (net of increases) of $2,322,727
Revenue Re-estimate decreases (not of increases) of $4,546,480 and
Tax and fee rate and new revenue increases including an increase in the appropriation of fund balance of $2,330,728.
The total decrease in expenditures compared to the City Manager's proposed budget is $6,877,208, including a $470,000 in travel reduction and $2.5 million reduction in consulting and contracting fees, the addition of $249,631 to fully restore three cops positions, the addition of $10,000 for the First Night Alexandria, and an increase in cash capital funding of the FY 2011 - 2020 Capital Improvement Program of $100,000 and an increase in Contingent Reserves of $750,000. The proposed budget of $527,250,791 requires an increase in the appropriation of fund balance proposed in the City Manager's budget of $489,275.
In addition, to move that Council authorize the City Manager to make technical adjustments to each affected Departmental Budget from the non-departmental budget to reflect the proper allocation to departmental budgets of the adjustments related to items such as health insurance premiums, travel and education, fuel, postage and consulting services, details of these adjustments will be presented for approval by City Council in the context of the FY 2011 Appropriations Ordinance in June.

The motion failed for lack of a second.

The voting on the original motion carried 5-2 and was as follows:

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

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Hughes and carried unanimously, City Council moved that Council assign the Budget and Fiscal Affairs Advisory Committee (BFAAC) the following special projects in the 2011 Fiscal Year:

1. BFAAC should work with City staff to develop adequate metrics to evaluate the total financial burden from all taxes, fees, fines and charges on the average resident in the City of Alexandria.

2. BFAAC should work with City staff to propose an amendment to the City’s debt-related financial guidelines that includes a policy, similar to other guidelines, on the use of Cash Capital from current revenues, prior year surpluses, and other sources to fund the Capital Improvement Program.

3. BFAAC should work with City staff to examine the use and funding of City contracts and consultant services and the provision of funding for employee travel and education expenses.

The voting on the motion was as follows:

Donley "aye" Fannon "aye"

Hughes "aye" Krupicka "aye"

Euille "aye" Pepper "aye"

Smedberg "aye"

WHEREUPON, upon motion by Councilman Krupicka, seconded by Councilman Smedberg and carried unanimously, City Council moved that it was the intent and understanding of the City Council in adopting the FY 2011 General Fund Operating Budget:

1. That the Schools realized $2.0 million in savings in FY 2010 from the waiver of their 4th quarter Virginia Retirement System (VRS) payment provided by General Assembly action;

2. That the Schools need $4.9 million less in FY 2011 than requested in the School Board approved budget and provided by the adopted budget due to the lower than budgeted VRS rate.

3. That these artificially low rates of payment being required in FY 2010 and FY 2011 will lead to large future cost increases for the Schools as the VRS rates increase to make up for years of underfunding;

4. That the Schools Staff and School Board are to be commended for considering a responsible way to use these funds to minimize future increases in the Schools budget for the cost of VRS benefits;

5. That it is Council’s intent in including $4.9 million in the operating transfer to the Schools, that those funds are for purposes of minimizing increases in the Schools’ budget for the future cost of VRS benefits;

6. That it is the understanding of City Council that the School Board will include in its motion adopting a FY 2011 operating budget language setting aside $4.9 million in funds for future VRS payments in accord with the April 12

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and April 28

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memoranda from Schools Staff suggesting this course of action.

7. That the Schools will face costs in implementing a Federally required transformation plan to address the designation of T.C. Williams as an persistently lowest-achieving school;

8. That the Schools Staff believes that $2.0 million in the Schools’ fund balance available from the FY 2010 VRS 4

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quarter payment waiver may need to be used in funding the costs of a transformation plan for secondary schools in a plan addressing the designation of T.C. Williams as a persistently lowest-achieving (PLA) school;

9. That to the extent this $2.0 million is not needed for this transformation plan for secondary schools, such funds shall also be set-aside for future VRS rate increases; and

10. That nothing in this addendum shall be construed as imposing a legal obligation on the Schools to spend these funds in any particular manner.

The voting was as follows:

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

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Pepper and carried unanimously, City Council moved to authorize the increase of the Sanitary Sewer Fee from $1.00 to $1.25 as proposed in the City Manager’s Operating and Capital Improvement Program Budgets. The revenues generated from the Sanitary Sewer Fee are segregated in a Special Revenue Fund and are used to support both operating and capital expenses related to the Sanitary Sewer system. This change will be reflected in a subsequent ordinance to be introduced in May. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Smedberg, seconded by Councilwoman Hughes and carried unanimously, City Council authorized the appropriation from General Fund Balance of $5,499,291. This reflects an increase of $755,000 compared to the City Manager’s Proposed budget. The source of this increase will be from cancelled Contingent Reserves projects currently budgeted in FY 2010. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council moved the adoption of the proposed FY 2011 to FY 2020 Capital Improvement Program of $707,133,050 million in total and $691,813,050 million in local funding, with $106,126,923 million in total and $100,676,926 million in local funding in FY 2011; $65,103,447 million in total and $60,948,447 million in local funding in FY 2012; $72,044,776 million in total and $71,639,776 million in local funding in FY 2013; $59,341,616 million in total and $59,186,616 million in local funding in FY 2014; $62,346,026 million in total and $62,191,026 million in local funding in FY 2015; $73,002,706 million in total and $72,002,706 million in local funding in FY 2016; $68,408,843 million in total and $67,408,843 million in local funding in FY 2017; $66,876,697 million in total and $65,876,697 million in local funding in FY 2018; $66,666,406 million in total and $65,666,406 million in local funding in FY 2019; and $67,215,607 million in total and $66,215,607 million in local funding in FY 2020. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

3. Second Reading and Final Passage of an Ordinance on the Increase in Real Estate Tax Revenue, at a Rate Not to Exceed $0.99.3 per $100 of Assessed Value, Attributable to the Increase in Value of Assessed Property as of January 1, 2010, and Known as the "Effective Rate Increase" Pursuant to Section 58.1-3321 of the Virginia Code. (#3, 3/13/10) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 10, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/3/10, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 5/3/10, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 3; 5/3/10 and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Smedberg and carried 5-2 by roll-call vote, City Council moved final passage of an ordinance to set the City’s 2010 blended real property tax rate at $0.978 (ninety-seven point eight cents) on each $100 of assessed value, an increase of $0.075 (seven and a half cents) from the 2009 rate. $0.973 (ninety-seven point three cents) will provide general fund revenues in support of City government operations. The sum of $0.006 (six tenths of one cent) on each $100 of assessed value of the $0.973 (ninety-seven point three cents) real property tax rate will be dedicated for affordable housing purposes to continue to pay budgeted debt service on affordable housing bonds, beginning July 1, 2010. This change will be reflected in a subsequent ordinance amending City Code Section 3-1-5, to be introduced in May. In addition, the sum of 0.3% (three tenths of a percent) of real property tax revenue will continue to be dedicated to the Open Space Trust Fund to continue to pay budgeted debt services on borrowing for open space purposes. The sum of $0.005 (five tenths of one cent) on each $100 of assessed value of real property tax will be collected for stormwater management and established as a separate special revenue fund to address operating and capital needs related to stormwater management. This change will be reflected in a subsequent ordinance to be introduced in May. The total blended real property tax rate for the City in 2010 will be $0.978. Personal property tax rates remain unchanged from 2009.

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

The ordinance reads as follows:

ORDINANCE NO. 4656

AN ORDINANCE to amend and reordain Section 3-2-181 (LEVIED; AMOUNT) and Section 3-2-188 (CLASSIFICATION AND TAXATION OF CERTAIN COMMERCIAL AND INDUSTRIAL PROPERTY), of Division 1, (REAL ESTATE), and Section 3-2-221 (LEVIED ON TANGIBLE PERSONAL PROPERTY OTHER THAN MOBILE HOMES, AUTOMOBILES, TRUCKS, ANTIQUE MOTOR VEHICLES, TAXICABS, MOTOR VEHICLES WITH SPECIALLY DESIGNED EQUIPMENT FOR USE BY THE HANDICAPPED, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND TRAILERS; AMOUNT), Section 3-2-222 (LEVIED ON MACHINERY AND TOOLS USED IN MINING OR MANUFACTURING BUSINESS; AMOUNT), Section 3-2-223 (LEVIED ON MOBILE HOMES; AMOUNT), Section 3-2-224 (LEVIED ON AUTOMOBILES, TRUCKS, TRAILERS, SEMI-TRAILERS ANTIQUE MOTOR VEHICLES, TAXICABS, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND TRAILERS; AMOUNT) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), all of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 2. That Section 3-2-181 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-181 Levied; amount.

There shall be levied and collected for the calendar year 2010 on all real estate located within the territorial boundaries of the city and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $0.978 on each $100 of the assessed residential property value thereof and $0.978 on each $100 of the assessed commercial residential property value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 3. That Sec. 3-2-188 of The Code of the City of Alexandria, 1981 as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-188 Classification and taxation of certain commercial and industrial real property.

(a) Pursuant to the authority granted by Section 58.1-3221.3 of the Code of Virginia (1950), as amended, all commercial and industrial real property in the City of
Alexandria classified by the General Assembly as a separate class of real property for
local taxation shall be designated, assessed and taxed as a separate class of real

property. Such separate class of real property shall not include any residential uses
excluded by Section 58.1-3221.3 of the Code of Virginia.

(b) In addition to all other taxes and fees permitted by law, the class of real property designated in this section may, and if imposed by ordinance shall, be subject to a real property tax, in addition to that imposed by City Code Section 3-2-181 and any other applicable law, at the rate established by the City Council of the City of Alexandria not to exceed the rate authorized by the Code of Virginia.

(c) All revenues generated from the real property tax imposed by this Section
3-2-188 shall be used exclusively for transportation-related projects and services that benefit
the City of Alexandria.

(d) The real property tax imposed by this Section 3-2-188 shall be levied, administered, enforced and collected in the same manner as set forth in Subtitle III of Title 58.1 of the Code of Virginia and Chapter 2 of this Title for the levy, administration, enforcement and collection of local taxes.

(e) The director of the department of real estate assessments shall separately assess and set forth upon the City of Alexandria's land book the fair market value of that
property that is designated as a separate class of real property in accordance with the
provisions of this section.

(f) There shall be levied and collected for the calendar year 2010 on all real estate located within the territorial boundaries of the city and subject to taxation pursuant to this section, a tax of $0.00 on each $100 of the assessed value thereof, for the purposes set forth in subsection (c) above.

Section 4. That Section 3-2-221 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-221 Levied on tangible personal property other than mobile homes, automobiles, trucks, antique motor vehicles, taxicabs, motor vehicles with specially designed equipment for use by the handicapped, motorcycles, campers and other recreational vehicles, boats and boat trailers; amount.

There shall be levied and collected for the calendar year 2010 on all tangible personal property, other than mobile homes, automobiles, trucks, antique motor vehicles, taxicabs, motor vehicles with specially designed equipment for use by the handicapped, motorcycles, campers and other recreational vehicles, boats and trailers, owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs within the city and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $4.75 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 5. That Section 3-2-222 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-222 Levied on machinery and tools used in mining or manufacturing business; amount.

There shall be levied and collected for the calendar year 2010 on all machinery and tools used in a mining or manufacturing business taxable on capital and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $4.50 on each $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 6. That Section 3-2-223 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-223 Levied on mobile homes; amount.

There shall be levied and collected for the calendar year 2010 on all vehicles without motor power, used or designed to be used as mobile homes as defined in section 46.2-100 of the Code of Virginia, owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs within the city and subject to taxation for city purposes under the constitution and laws of this state and city, a tax of $0.978 on each $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

Section 7. That Section 3-2-224 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-224 Levied on automobiles, trucks, trailers, semi-trailers, antique motor vehicles, taxicabs, motorcycles, campers and other recreational vehicles, boats and trailers; amount.

(a) Except as provided in subsections (b), (c) and (d), there shall be levied and collected for the calendar year 2010 on all automobiles, trucks, trailers, semi-trailers, antique motor vehicles (as defined in section 46.2-100 of the Code of Virginia, 1950, as amended, which may be used for general transportation purposes as provided in subsection C of section 46.2-730 of the Code of Virginia, 1950, as amended), taxicabs, motorcycles, campers and other recreational vehicles, boats and boat trailers owned or held by residents or citizens of the city or located within the territorial boundaries of the city or otherwise having a situs for taxation in the city, a tax of $4.75 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(b) There shall be levied on and collected for the calendar year 2010 on all automobiles, trucks, trailers and semi-trailers with a gross vehicle weight of 10,000 pounds or more which are used to transport property for hire by a motor carrier engaged in interstate commerce, and are owned or held by residents or citizens of the city, are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $4.50 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(c) There shall be levied on and collected for the calendar year 2010 on all automobiles and trucks which are equipped with specially designed equipment for use by the handicapped and are owned or held by residents or citizens of the city, are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $3.55 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(d) There shall be levied on and collected for the calendar year 2010 on all privately owned pleasure boats and watercraft, which are used for recreational purposes only, and are owned or held by residents or citizens of the city, or are located within the territorial boundaries of the city or otherwise have a situs for taxation in the city, a tax of $.01 on every $100 of assessed value thereof, for the support of the city government, for the payment of principal and interest of the city debt and for other municipal expenses and purposes.

(e) For tax years commencing in 2006, the City adopts the provisions of Item 503.E of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, the “2005 Appropriations Act”), providing for the computation of tax relief under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, as a specific dollar amount to be offset against the total taxes that would otherwise be due but for the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, and the reporting of such specific dollar relief on the tax bill.

(i) The City shall, following adoption of the annual budget adopted pursuant to Chapter 25 of Title 15.2 of the Code of Virginia and sections 6.01 through 6.15 of the City Charter, set the rate of tax relief under this subsection at such a level that it is anticipated fully to exhaust relief funds under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, provided to the City by the Commonwealth. Any amount of relief funds under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, provided to the City by the Commonwealth, not used within the City’s fiscal year shall be carried forward and used to increase the funds available for personal property tax relief under this subsection in the following fiscal year.

(ii) Personal property tax bills shall set forth on their face the specific dollar amount of relief under this subsection credited with respect to each qualifying vehicle, together with an explanation of the general manner in which such relief is allocated.

(iii) Allocation of relief under this subsection shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the City’s annual budget relating to relief under this subsection.

(iv) Relief under this subsection shall be allocated in such as manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000 or less.

(v) Relief under this subsection with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a rate, annually fixed in the City budget and applied to the first $20,000 in value of each such qualifying vehicle, that is estimated fully to use all relief funds under the Personal Property Tax Relief Act of 1998, sections 58.1-3523 et seq. of the Code of Virginia, as amended, provided to the City by the Commonwealth.

Section 8. That this ordinance shall become effective January 1, 2010, nunc pro tunc.

4. Consideration of a Resolution to Establish the Annual Fee for the City's Collection and Disposal of Solid Waste, Yard Debris and Recyclable Materials. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 23, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 5/3/10, and is incorporated as part of this record by reference.)

Chief Financial Officer Johnson noted a correction in the resolution, page three of the docket item, section 1 should be changed from $327 to $336 per household.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried 6-1 by roll-call vote, City Council adopted the resolution to increase the residential refuse fee from $331 per household to $336. This increase enables the City to continue the City’s policy of 100 percent cost recovery of the full cost of residential refuse collection and disposal and provides $9 to fund the use of larger recycling bins to increase recycling rates and improve convenience and service to users. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2395

WHEREAS, under Section 2.07 of the City Charter, City Council has the authority to establish fees to be charged for services provided by the City; and

WHEREAS, under City Code Section 5-1-34(a), City Council is required from time to time, to set by resolution the annual fee that is to be paid by the owners of “required user property,” as defined in Section 5-1-2 (12b) of the City Code, for the City’s collection and disposal of solid waste, ashes and yard debris from their properties during the fiscal year; and

WHEREAS, in Resolution No. 2330, adopted April 27, 2009, City Council set the annual fee for such collection and disposal services at $331.00; and

WHEREAS, City Council has now determined that it is necessary and desirable to decrease the annual fee for such collection and disposal services to $327;

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

1. That, beginning in fiscal year 2011, the annual charge for the collection and disposal of solid waste, ashes and yard debris from required user properties shall be $336 per household, with each single-family, two-family and row dwelling in the City, and each separate dwelling unit in a building or structure in the City that contains four or fewer dwelling units, constituting a “household.”

2. That the annual fee established in Section 1 above shall apply to collection and disposal services provided by the City during fiscal year 2011 and, unless and until revised by the City Council, to such services provided during subsequent fiscal years.

3. That Resolution No. 2330 is hereby repealed.

4. That this resolution shall be effective on the date and at the time of adoption.

5. Consideration of a Resolution to Adopt Code Administration Fee Increases. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 23, 2010, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/3/10, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilwoman Hughes and carried unanimously by roll-call vote, City Council adopted a resolution to increase Code Administration Fees by the amounts described in Docket Item #5 and that we establish a Special Revenue Fund for New Construction-related activities that is fully funded by permit and inspection fees. The voting is as follows:

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

The resolution reads as follows:

RESOLUTION NO. 2396

WHEREAS, pursuant to Section 2.07 of the City Charter, City Council has the authority to establish fees to be charged for services provided by the City; and

WHEREAS section 8-1-29(a) of The Code of the City of Alexandria, Virginia, 1981, as amended, provides that all fees for permits, inspections and certificates required by the Virginia Uniform Statewide Building Code shall be as established by resolution of the city council; and

WHEREAS, Resolution No. 2347, adopted by city council on June 13, 2009, which incorporated an attached fee schedule, is the most recent establishment of fees charged for various permits and certificates issued by, and for various services performed by, the City of Alexandria Office of Building and Fire Code Administration; and

WHEREAS, city council has determined that the fee schedule set forth in Resolution No. 2347 is in need of amendment and adjustment;

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

1. That the fee schedule attached hereto, entitled “City of Alexandria, Virginia, Office of Building and Fire Code Administration, Fee Schedule,” dated June 1, 2010, is deemed to contain fair and appropriate fees to be paid by persons seeking various permits, inspections and certificates, and other services, from the city’s Office of Building and Fire Code Administration;

2. That said fee schedule shall be, and hereby is, approved and incorporated by reference in this resolution, and shall, until amended or rescinded, set forth the fees to be charged for various permits, inspections and certificates, and for various services performed by, the City of Alexandria Office of Building and Fire Code Administration, beginning June 1, 2010;

3. That Resolution No. 2347, adopted on June 13, 2009, shall be, and hereby is, rescinded; and

4. That this resolution shall be effective on the date and at the time of adoption.

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Smedberg, seconded by Vice Mayor Donley and carried unanimously, City Council adjourned the special meeting of May 3, 2010, was adjourned at 8:06 p.m. The voting was as follows:

Smedberg "aye" Fannon "aye"
Donley "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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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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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 703-746-4550 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.

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