Regular Meeting
Tuesday, April 28, 1998 - - 7:30 p.m.
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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Boyd, Director of Citizen Assistance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Deputy Fire Chief Connor; Mr. McMahon, Deputy Director of General Services; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Mr. Neckel, Director of Finance; Ms. Davis, Director of Housing; Mr. Simmons, Acting Director of Recreation, Parks and Cultural Activities; Mr. Ransom, Special Assistant to the City Manager; Mr. Pritchett, Division Chief, Environmental Health; Mr. Steindler, Administrator, Human Rights Office; Police Chief Samarra; and Lieutenant Butler, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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City Council attended the National Youth Services Day Award Ceremony in the Council Chamber at 6:00 p.m., followed by a Reception at 6:30 p.m. in Room 2000.
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OPENING
The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend Timothy J. Mabbott, Pastor, First Christian Church.
3. WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried unanimously, City Council approved the Minutes for the Regular Meeting of April 14, 1998, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Rich "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
4. WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the Report of the City Clerk,.dated April 18, 1998, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/28/98, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
5. Presentation of Proclamation Recognizing the National Association of Letter Carriers' Food Drive on Saturday, May 9, 1998. (Mayor Donley)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/28/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
6. Presentation of Proclamation Declaring May 9, 1998 as Homeownership Fair Day in the City of Alexandria.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/28/98, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Euille, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Donley "aye"
Cleveland "aye" Rich "aye"
Pepper "aye" Speck "aye"
Walker "aye"
7. Presentation of Proclamation Proclaiming the Month of April as Fair Housing Month in the City of Alexandria.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/28/98, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
New Business Item No. 1: Vice Mayor Euille welcomed a delegation of officials from Romania. Mayor Donley was presented with a seal.
New Business Item No. 2: Mayor Donley recognized Susan Abraham and Dibby Smith for their work on behalf of the Arlandria Health Center for Women & Children which recently received an Award of Excellence from the Washington Public Health Association.
(A copy of a pamphlet entitled "Arlandria Health Center for Women & Children", is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of New Business No. 2; 4/28/98, and is incorporated herewith as part of this record by reference.)
New Business Item No. 3: Councilwoman Pepper spoke to the recent actions of vandals who painted anti-gay slurs on an Alexandria townhouse and on a fence shared by several homes Sunday morning. She stressed the City's outrage for this senseless act and indicated that this is unacceptable and intolerable behavior.
Members of City Council concurred with Councilwoman Pepper's remarks.
Myles Jaffe, a neighbor of the victim, requested that the comments made by Council tonight be taken to the schools and be told as stories to the students to get the message through to them that these types of actions are intolerable, unacceptable and will not go unpunished.
Mayor Donley indicated that this will be discussed at the next City/School meeting. He indicated that this may be an item also for the legislative session in the fall with respect to criminal sanctions.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (8 - 18)
WITHOUT OBJECTION, City Council removed docket item nos. 16 and 17 from the consent calendar and considered them under separate motions.
8. Receipt of Resignations from Boards, Commissions and Committees:
(a) Alexandria Convention and Visitors Association
Board of Governors
Gary Jutz
(b) Alexandria Fair Share Task Force
John M. Hartung
(c) Alexandria Park and Recreation Commission
William Dickinson
(d) Alexandria Social Services Advisory Board
William Harris
(A copy of each 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 Nos. 8(a-d); 4/28/98, and is incorporated herewith as part of this record by reference.)
9. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Human Rights Commission
1 Representative From the Alexandria Economic
Opportunities Commission
(b) Alexandria Social Services Advisory Board
1 Citizen Member
(Material pertaining 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 Nos. 9(a-b); 4/28/98, and is incorporated herewith as part of this record by reference.)
10. Consideration of the Renewal of the Contract Between the Office of Human Rights and the U.S. Equal Employment Opportunity Commission (EEOC).
(A copy of the City Manager's memorandum dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/28/98, and is incorporated herewith as part of this record by reference.)
11. Consideration of Application to the Virginia Department of Criminal Justice Services for Funding for the Commonwealth's Attorney's Office for the Victim/Witness Assistance Program.
(A copy of the City Manager's memorandum dated April 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/28/98, and is incorporated herewith as part of this record by reference.)
12. Consideration of Application to the Virginia Department of Criminal Justice Services for Funding to Continue the Alexandria Community Corrections Program (ACCP) Under the Comprehensive Community Corrections Act and Pretrial Services.
(A copy of the City Manager's memorandum dated April 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/28/98, and is incorporated herewith as part of this record by reference.)
13. Consideration of a Renewal Application to the Virginia Department of Motor Vehicles (DMV) for Funding for an Aggressive Driving Interdiction Program.
(A copy of the City Manager's memorandum dated April 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/28/98, and is incorporated herewith as part of this record by reference.)
14. Consideration of Application to the United States Department of Agriculture (USDA) for Funding for the Summer Food Service Program for Children.
(A copy of the City Manager's memorandum dated April 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/28/98, and is incorporated herewith as part of this record by reference.)
15. Consideration of Application for a Renewal Grant to the Virginia Department of Environmental Quality for FY 1999 Pass-Through Funding from the U.S. Environmental Protection Agency for the Alexandria Health Department Office of Environmental Quality, Air Pollution Control Program.
(A copy of the City Manager's memorandum dated April 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/28/98, and is incorporated herewith as part of this record by reference.)
18. Consideration of Grant Application to the U.S. Environmental Protection Agency for Federal Fiscal Year 1999 and Federal Fiscal Year 2000 Funding Under the Environmental Monitoring for Public Access and Community Tracking Grants Program.
(A copy of the City Manager's memorandum dated April 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/28/98, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Consent Calendar as presented with the exception of docket item nos. 16 and 17 which were considered under separate motions. The City Manager's recommendations are as follows:
8. City Council received the following resignations with regret: (a) Gary Jutz from the Alexandria Convention and Visitors Association Board of Governors; (b) John M. Hartung from the Alexandria Fair Share Task Force; (c) William Dickinson from the Alexandria Park and Recreation Commission; and (d) William Harris from the Alexandria Social Services Advisory Board; requested the
Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
9. City Council (a) appointed Arthur Mosley as a Representative From the Alexandria Economic Opportunities Commission to the Alexandria Human Rights Commission; and (b) appointed Julian Haley as a Citizen Member to the Alexandria Social Services Advisory Board.
10. City Council authorized the City Manager to submit a renewal contract to the EEOC for funding in the amount of $46,200, for the Alexandria Office of Human Rights to continue as a Fair Employment Practice Agency (FEPA).
11. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Criminal Justice Services (DCJS) for funding in the amount of $218,259, for continued funding for the Victim/Witness Assistance Program. Due to the short turn around time provided by DCJS, the grant application was forwarded to DCJS in accordance with the April 17 deadline, contingent upon City Council's approval at its April 28 legislative session; (2) approve the continuation of the three full-time grant-funded positions (one Clerk Typist II position, one Victim-Witness Specialist I position and one Victim-Witness Specialist II position) covered by the Victim/Witness Assistance Grant, and contingent upon the award of the grant in the amount requested, approve the establishment of two new full-time (2.0) grant-funded positions which are requested to adequately provide services to victims of crime based on the State's staffing needs assessment. These grant-funded positions would terminate upon the expiration of the grant and the individuals who are to fill these positions would be notified of this condition of employment at the time that they are hired and would sign an agreement of understanding with regard to this condition. It should be noted that there are no funds available in the City budget to continue these activities once the grant funds are expended; and (3) execute all necessary documents that may be required.
12. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Criminal Justice Services (DCJS) for funding in the amount of $156,674 under the Comprehensive Community Corrections Act (CCCA). Due to the short turn around time provided by DCJS, the grant application was forwarded to DCJS in accordance with the April 24 deadline, contingent upon City Council's approval at its April 28 legislative session; (2) approve the continuation of the two full-time grant-funded positions, previously funded under the grant, and contingent upon the award of the grant in the full amount requested, approve the establishment of one full-time, grant-funded caseworker position effective November 1, 1998. These grant-funded positions would terminate upon the expiration of the grant and the individuals filling or who may fill these positions would be notified of this condition of employment and would sign the agreement of understanding with regard to this condition; and (3) execute all documents that may be required.
13. City Council authorized the City Manager to (1) submit a renewal grant application to the Department of Motor Vehicles for funding, in the amount of $15,900, which would provide overtime funds to the Police Department to conduct DWI checkpoints and operate an aggressive driving interdiction program in the City; and (2) execute all necessary documents that may be required. Because staff did not receive the renewal application form for the DMV grant program until late March, staff was unable to bring the grant application to City Council before the application deadline of April 15, 1998. Therefore, the
application was submitted to the State with the notification that this grant application is contingent upon City Council's approval on April 28, 1998.
14. City Council authorized the City Manager to (1) submit the grant application to the U.S. Department of Agriculture (USDA) for continuation funding, in the amount of $105,000, in estimated program income; and (2) execute all necessary documents that may be required. It was noted that there are no funds available in the City budget to continue these activities once the grant funds are expended.
15. City Council authorized the City Manager to: (1) submit a renewal grant application to the Virginia Department of Environmental Quality for FY 1999 pass-through funding from the U.S. Environmental Protection Agency (EPA), in the amount of $40,870, for the Alexandria Health Department Office of Environmental Quality (OEQ) Air Pollution Control Program; (2) approve the continuation of three full-time grant-funded positions in the Alexandria Health Department Office of Environmental Quality (OEQ) Air Pollution Control Program to administer the grant-funded activities should the grant be awarded. These grant-funded positions would terminate upon the expiration of the grant and the individuals who fill these positions would be notified of this condition of employment at the time their employment is renewed and would sign an agreement of understanding with regard to this condition. It was noted that there are no funds available in the City budget to continue these activities once the grant funds are expended; and (3) execute all documents that may be required.
18. City Council authorized the City Manager to: (1) submit the grant application to the U.S. Environmental Protection Agency (EPA) for up to $600,000 in funding over the two-year period (Federal Fiscal Year 1999 and Federal Fiscal Year 2000) under the EMPACT program, with the Alexandria Health Department Office of Environmental Quality serving as the lead agent in cooperation with the Departments of Transportation and Environmental Services, Planning and Zoning, and Parks, Recreation and Cultural Activities, and in partnership with George Mason University, the Northern Virginia Planning District Commission, and the Alexandria Sanitation Authority; (2) approved the establishment of one full-time Environmental Specialist position in the Alexandria Health Department Office of Environmental Quality (the lead agent for the City) to administer the grant-funded activities should the grant be awarded. The grant-funded position would terminate upon the expiration of the grant and the person who fills this position would be notified of this condition of employment at the time of hiring and would sign an agreement of understanding with regard to this condition. It should be noted that there are no funds available in the City budget to continue these activities once grant funds are expended; and (3) execute all documents that may be required.
END OF CONSENT CALENDAR
The voting was as follows:
Rich out of room Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
16. Receipt of the Monthly Financial Report for the Period Ending March 31, 1998.
(A copy of the City Manager's memorandum dated April 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/28/98, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland directed questions to Financial and Information Technology Services Director Gitajn, who will report back with respect to some of his concerns.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council (1) received the Financial Report for the period ending March 31, 1998; (2) authorized the capital project allocation and planned expenditure for the capital project as detailed in the Capital Improvement Program Planned Expenditure Summary; and (3) delegated to the City Manager, or her designee, authority to award contracts for the construction of a playground at Simpson Stadium and a contract for construction of a multi-purpose court at Four Mile Run Park to the lowest responsive bidders. Monies for these capital projects were allocated in January 1997 (Simpson Stadium) and October 1997 (Four Mile Run Park). The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
17. Receipt of Fiscal Year 1997 Annual Report from the Alexandria Environmental Policy Commission.
(A copy of the City Manager's memorandum dated April 20, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/28/98, and is incorporated herewith as part of this record by reference.)
Tom Tyler, chair, Environmental Policy Commission, spoke briefly to the report and the upcoming Quality of Life Summit.
Mayor Donley noted that an Ad Hoc Chesapeake Bay Task Force was created by the Council of Governments. Council Member Lois Walker will be the City's representative to this Task Force.
(A copy of a letter dated April 22, 1998, from the Metropolitan Washington Council of Governments, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 4/28/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley requested the Executive Secretary for Boards and Commissions Boyd to write to the Chamber of Commerce requesting that they nominate a Chamber Representative to the Environmental Policy Commission. Chair Tyler indicated that this has been vacant for some time.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council received the Annual Report from the Alexandria Environmental Policy Commission and thanked the Commission for its efforts on behalf of the City. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
19. Consideration of City Council Policy on Naming City Facilities. (Mayor Donley and Councilwoman Pepper)
(A copy of the City Manager's memorandum dated April 24, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/28/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley explained the docket item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council (1) approved the policy governing the naming of major City facilities including a naming process and guidelines for naming new and existing City facilities; (2) created a standing committee of City Council, consisting of Councilman Speck, Councilwoman Pepper and the City Manager, or her designee, to be known as the City Facilities Naming Committee, to consider new and existing City facilities appropriate for naming; and referred recommendation (3), the naming of the new central library in honor of former Mayor Charles E. Beatley, Jr., and the naming of the new 52-acre east end park at Cameron Station in honor of the late Col. Ben Brenman (USA-retired), back to the new Committee for further consideration. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
20. Consideration of Staff Recommendations to Control Gypsy Moths on Infested Trees Located on Public Property.
(A copy of the City Manager's memorandum dated April 22, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/28/98, and is incorporated herewith as part of this record by reference.)
City Arborist Noelle answered questions directed to him by Members of Council.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the proposed gypsy moth suppression program for 1998, which shall include the following: (a) approved the ground spray application of appropriate insecticides to the two susceptible trees on public properties in Northridge as shown in Attachment I of the memo, which are located in areas that are expected to have elevated levels of gypsy moth infestation in the spring of 1998. Appropriate insecticides shall include Bacillus thuringiensis (B.t.) or other similar organic insecticides. All properties within 200 feet of any public area to be treated shall be notified of the date and general time period when ground spray applications of insecticides are to be made. We expect that this will occur in May; (b) notify all private property owners and residents within the area in Northridge and Seminary Hills specified in Attachments 1 and 2 of the memo, that the level of gypsy moth infestation is expected to rise this year, and that a careful review by them of their properties for egg masses and monitoring of larvae through burlap banding is recommended to protect their trees. Staff is not recommending City-sponsored application of insecticides on private property; (c) requested staff to continue to sponsor programs which encourage citizen participation in the monitoring and suppression of the gypsy moths, such as the distribution of burlap for banding trees, and educational materials; and (d) requested staff to continue participation in the Virginia Cooperative Gypsy Moth Suppression Program, administered by the Virginia Department of Agriculture Consumer Services, which provides support for annual gypsy moth egg mass surveys and aerial defoliation surveys. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
21. Consideration of a Proposed Regulations for Automated Teller Machines (ATM's) and Automatic Vending Machines (AVM's) in the Old and Historic Alexandria District and the Parker-Gray Historic District.
(A copy of the City Manager's memorandum dated April 21, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/28/98, and is incorporated herewith as part of this record by reference.
A copy of Planning and Zoning's list of buildings which would be candidates for installation of an ATM/AVM, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 4/28/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley stated that because of his employment with Virginia Commerce Bank, a bank in Alexandria and the potential implications, he abstained from participating on this particular item and turned the meeting over to Vice Mayor Euille.
There was considerable dialogue on this item between the Members of City Council and Planning and Zoning Director Lynn.
Councilwoman Pepper requested that there be no more than one machine on a building, i.e., either one ATM or one AVM.
Council Member Rich expressed concern about what may be vended.
Council Member Walker expressed the desire to have non-offensive machines.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 5-to-1, City Council (1) considered the compromise set of regulations for ATMs and AVMs in the historic districts; (2) noted that no building will have more than one machine, i.e., either one ATM or one AVM, expressed concern about what may be vended, and the desire to have non-offensive machines; and (3) referred the issue to the Planning Commission for preparation of a text amendment. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "no"
Donley out of room Pepper "aye"
Rich "aye"
22. Consideration of Agreement Establishing the Northern Virginia Criminal Justice Academy as a Legal Entity and Approval of Deed, Sublease and Assignment of Rights Under the Financing Lease for the Academy Facility.
(A copy of the City Manager's memorandum dated April 25, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/28/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution authorizing the City Manager to execute the following documents: (a) the agreement (attachment 1 to the resolution) establishing the Northern Virginia Criminal Justice Training Academy (NVCJTA) as a legal entity; (b) the deed (attachment 2 to the resolution) conveying to NVCJTA the interests of Arlington County, Loudoun County, and the Cities of Alexandria, Falls Church, and Fairfax in certain real property in Prince William County; (c) the assignment of rights under the financing lease (attachment 3 to the resolution) designating NVCJTA as the entity to which the property in Loudoun County on which the Academy is now located is to be conveyed by the Loudoun County Industrial Development Authority once the bonds, issued by the IDA to finance the property's acquisition, are paid off (on or before the year 2015); and (d) the sublease (attachment 4 to the resolution) between Arlington County, Loudoun County and the City of Alexandria and NVCJTA, pursuant to which the three jurisdictions, which now lease the Loudoun County property from the Loudoun County Industrial Development Authority, will sublease that property to the NVCJTA. The governing bodies of the participating jurisdictions have approved the documents that relate to each of them. The voting was as follows:
Cleveland "aye" Euille "aye"
Rich "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1867
WHEREAS, the City of Alexandria is a participant in the Northern Virginia Criminal Justice Academy ("Academy"); and
WHEREAS, the Academy was established in 1965, pursuant to § 15.1-21 of the Virginia Code, by nine Northern Virginia jurisdictions, including the Counties of Arlington and Loudoun, and the Cities of Alexandria, Fairfax and Falls Church; and
WHEREAS, the Academy provides training for sworn law enforcement and correctional officers serving many Northern Virginia jurisdictions, and is governed by a board of directors consisting of the city and county managers of the member jurisdictions; and
WHEREAS, in 1993, the Virginia General Assembly enacted Virginia Code § 15.2-1747 et seq., which authorizes the creation of regional criminal justice training academies as separate legal entities; and
WHEREAS, creation of the Academy as a separate legal entity will enable it to conduct many activities, such as the acquisition or transfer of real property, without having to obtain the consent of the governing body of each member jurisdiction; and
WHEREAS, the "Agreement Establishing Northern Virginia Criminal Justice Training Academy," a copy of which is attached hereto as Attachment 1, creates a separate legal entity, to be known as the Northern Virginia Criminal Justice Training Academy ("Training Academy"), and sets out the means by which the member jurisdictions will govern and operate the Training Academy; and
WHEREAS, in 1993, in response to a need for a larger permanent training facility, the Academy decided to purchase and renovate a building located in a new commercial development near the intersection of Route 7 and Route 28 in Loudoun County, which building and the land upon which it is located (collectively the "Property") were purchased jointly by the Counties of Arlington and Loudoun and the City of Alexandria which financed the Property's acquisition with revenue bonds issued by the Industrial Development Authority of Loudoun County; and
WHEREAS, under the terms of the bond offering, the Authority acquired the Property on behalf of the Counties of Arlington and Loudoun and the City of Alexandria and leased the Property to these three jurisdictions pursuant to a financing lease, dated May 1, 1993, which provides that, upon payment in full of the bonds, the Authority will convey legal title to the Property to these three jurisdictions; and
WHEREAS, the Counties of Arlington and Loudoun and the City of Alexandria desire to transfer to the Training Academy all legal interest they have in certain real property in Prince William County to be held for possible future use by the Training Academy as a driver training facility ("Prince William County Property"); and
WHEREAS, a "Deed" has been prepared, a copy of which is attached hereto as Attachment 2, to convey to the Training Academy the legal interest in the Prince William County Property that is presently held by the Counties of Arlington and Loudoun and the City of Alexandria; and
WHEREAS, the Counties of Arlington and Loudoun and the City of Alexandria desire to assign to the Training Academy their rights under the financing lease of May 1, 1993; and
WHEREAS, an "Assignment of Rights Under Financing Lease" has been prepared, a copy of which is attached hereto as Attachment 3, which designates the Training Academy as the legal entity to whom the Property shall be conveyed by the Authority upon the payment of the revenue bonds; and
WHEREAS, establishing the Training Academy as a separate legal entity will enable it to sublease the Property from the Counties of Arlington and Loudoun and the City of Alexandria; and
WHEREAS, a "Sublease" has been prepared, a copy of which is attached hereto as Attachment 4, pursuant to which the Training Academy will sublease the Property from the Counties of Arlington and Loudoun and the City of Alexandria, for the period of time during which these three jurisdictions are the lessees of the Property under the terms of the May 1, 1993, financing lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ALEXANDRIA, VIRGINIA:
1. That the city manager be, and hereby is, authorized to execute, on behalf of the City of Alexandria, the following documents:
(a) Agreement Establishing Northern Virginia Criminal Justice Training Academy (Attachment 1);
(b) Deed conveying to the Northern Virginia Criminal Justice Training Academy the interests of Arlington County, Loudoun County, the City of Alexandria and other jurisdictions in the Prince William County Property (Attachment 2);
(c) Assignment of Rights Under Financing Lease (Attachment 3); and
(d) Sublease between Arlington County, Loudoun County and the City of Alexandria, and the Northern Virginia Criminal Justice Training Academy (Attachment 4).
2. That this resolution shall be effective upon the date and at the time of its adoption.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Vice Mayor Euille spoke to a report received from the Alexandria Task Force on AIDS requesting a work session with respect to a needle exchange program.
It was suggested that a dialogue be held between the Anti-Drug Task Force, the Community Services Board, and the Task Force on AIDS.
Legislative Director Caton was requested to get the sentiments of our legislative delegation.
Council Member Rich suggested that civic associations, churches and synagogues be invited to provide input.
Mayor Donley asked that Special Assistant to the City Manager Ransom be requested to discuss with the Interfaith Association.
Mayor Donley requested the City Manager to get the comments of the interested commissions and interested groups and then have a work session to decide if there should be a public hearing on this issue.
City Manager Lawson stated this would occur after the discussion between the Anti-Drug Task Force and interested parties.
(A copy of the communication from the Alexandria Task Force on AIDS is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (a); 4/28/98, and is incorporated herewith as part of this record by reference.)
(b) Councilwoman Pepper spoke to the City's 250th Anniversary logo. Phil Brooks, chair of the 250th Celebration Committee handed out lapel pins with the logo. Director of Historic Alexandria Federico stated that the Committee is selling the pins to raise funds, and indicated that a fund-raiser will be held on November 13.
(c) Councilwoman Pepper noted that she and Senator Ticer met with representatives of Clyde's at the new restaurant on North Beauregard Street.
(d) Councilwoman Pepper spoke to "Take Your Daughter To Work Day" which was last week on April 23. She spent the day with a bright young woman named Sheen Jones.
(e) Council Member Walker presented Council with a copy of the COG Transportation Planning Board's draft vision for the National Capital Region. Public comment is critical to the success of this "Roadmap for the Future". Copies of the publication are available in the City Clerk's Office.
(A copy of the publication is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (e); 4/28/98, and is incorporated herewith as part of this record by reference.)
(f) Council Member Rich spoke to a random act of kindness by a lady who picks his newspaper up from his front yard and places it at his doorstep during her morning walk.
(g) Councilman Cleveland thanked Members of City Council for helping out with Christmas in April, and hoped they enjoyed the picnic.
Councilman Speck noted the staff coordination of this effort, and especially thanked Nancy Coats and Larry, her husband, for heading up this project. He requested the City Clerk to communicate Council's appreciation for their efforts, and acknowledging the good work of the police and fire departments, and all the staff who participated.
(h) Councilman Speck indicated that he had met with the Coalition for a Sensible Bridge. The Coalition requested that he tell them exactly what he is for with respect to the Woodrow Wilson Bridge project.
(A copy of Councilman Speck's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (h); 4/28/98, and is incorporated herewith as part of this record by reference.)
(i) Mayor Donley noted that this year's senior play at T.C. Williams will be "Leader of the Pack". It will be held on Thursday, May 7, through Saturday, May 9.
(j) Mayor Donley recognized Fiscal and Information Technology Services Director Gitajn to respond to Councilman Cleveland's earlier question about the 1.5 million dollar increase in other local taxes. The answer to the question is that the increase is attributable to the motor vehicle license due date change from May 1 - FY 97, to October 6 - FY 98, as part of the one date/one payment program that Council approved.
(k) Mayor Donley noted that a new Alexandria business, the American Society for Industrial Security, has new headquarters located at 1625 Prince Street. It has built a park in an undeveloped site adjacent to its building. Included in the park is a mural commissioned by Bryan King of Artiface, Inc. to design and paint a trompe l'oeil which portrays an arcade exhibiting the Masonic Temple in the background. Mayor Donley encouraged citizens to stop by the park to enjoy this new public art project.
(A copy of the press release dated April 22, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (k); 4/28/98, and is incorporated herewith as part of this record by reference.)
(l) Mayor Donley stated that he was approached by the Petersen Companies, HP Companies, who are developing the area around the King Street Metro Station. They were questioning the $1.10 per square foot that the City assesses for public improvements in the King Street Metro area. In the course of the discussion, Mayor Donley recommended that they consider taking down "the hill" at Jefferson-Houston in lieu of the $1.10 per square foot. They met with the School and City staffs concerning a proposal. The HP Companies as part of their $1.10 per square foot will take down the hill, the fill and additional fill will be trucked in at no cost of the City to the west end park at Cameron Station. The area behind the school will be effectively leveled, will be seeded, and hopefully will be ready for soccer play and school use in the fall. He indicated that some details need to be worked out and permits, etc., but it is hoped that work will begin shortly after the close of school. It will take approximately three weeks to remove "the hill".
(m) City Attorney Sunderland spoke to the telecommunications rights-of-way use fee authorized by recent legislation. He will bring forward in June an ordinance that adopts it which will be effective July 1, the day that the state legislation is effective.
(A copy of the City Manager's memorandum dated April 24, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral Presentation (m); 4/28/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the sending on April 29,of the notice giving the ninety-day notice for the beginning of collection of the right-of-way fee relative to the telecommunication fee legislation. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
ORDINANCES AND RESOLUTIONS
23. Consideration of Resolution Authorizing the Issuance of Bonds by the Industrial Development Authority of the City of Alexandria for the Young Men's Christian Association of Metropolitan Washington Facility at 420 East Monroe Avenue. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated April 20, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/28/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution as recommended by the AIDA at its meeting on April 21, 1998. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1868
WHEREAS, the Industrial Development Authority of the City of Alexandria (the "Authority"), has considered the application of the Young Men’s Christian Association of Metropolitan Washington (the "YMCA") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $4,500,000 (the "Bonds") to assist in refinancing certain indebtedness of the YMCA, the proceeds of which were used to assist the YMCA in financing the acquisition, construction
and equipping of its family style YMCA located at 420 East Monroe Avenue, in the City of Alexandria, Virginia, and has held a public hearing on April 21, 1998;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Alexandria, Virginia (the "City"); the Project is located in the City and the City Council of the City of Alexandria, Virginia (the "Council") constitutes the highest elected governmental unit of the City;
WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ALEXANDRIA, VIRGINIA:
1. The Council approves the issuance of the Bonds by the Authority for the benefit of the YMCA, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code") to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the YMCA, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the City and the Authority, shall be pledged thereto.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the City Council of the City of Alexandria, Virginia this 28th day of April 1998.
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24. Consideration of a Resolution Providing for the Amendment of the City's Swimming Pool Regulations. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated April 24, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/28/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution, which approves the establishment of examination requirements and new procedures for the issuance of an individual pool operator's certificate, increases the fee for such certificates, and establishes a procedure under which the issuance of swimming pool operators' certificates could be delegated to a private contractor. Regulation of and routine inspection of swimming pools and health spas will continue to be performed by Health Department staff. Arlington and Fairfax Counties have approved similar regulations. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1869
WHEREAS, on March 20, 1993, as part of a joint effort among Northern Virginia jurisdictions to establish uniform regional standards for the construction, operation and maintenance of swimming pools, spa pools and health clubs, city council enacted Ordinance No. 3619 which authorizes the city's health department to adopt, following council approval, regulations governing swimming pools, spa pools and health clubs; and
WHEREAS, pursuant to said ordinance, the health department prepared and, following council approval, adopted Administrative Regulation 20-6 ("A.R. 20-6") entitled "Regulation of Swimming Pools, Spa Pools and Health Clubs;" and
WHEREAS, section 20-6-6 of A.R. 20-6 requires that, when in use, a swimming pool or spa pool must have a person in charge on the premises who holds a valid pool operator's permit issued or accepted by the director of the health department, and who has basic knowledge of (i) the water treatment process and water testing procedures in bathing places, and (ii) proper techniques for collection of water samples for water chemistry analysis; and
WHEREAS, the health department requires proof of the successful completion of a swimming pool operator training course approved by the director of the health department prior to issuance or acceptance of a city pool operator's permit; and
WHEREAS, a large number of groups and businesses in Northern Virginia offer instructional courses and qualifying examinations for prospective swimming pool operators, making it very difficult to monitor the quality and effectiveness of all such courses and examinations; and
WHEREAS, in recent years, health department staff have found increasing numbers of permitted pool operators who cannot adequately demonstrate the basic knowledge of water chemistry, water treatment and general functioning of swimming pools and spa pools required by A.R. 20-6; and
WHEREAS, the Northern Virginia health districts (Alexandria, Arlington County and Fairfax County) now propose to make the issuance of a swimming pool and spa pool operator's permit contingent upon the successful passage of an approved examination that will be administered and recognized in all three Northern Virginia health districts; and
WHEREAS, the health department has determined that amendments to A.R. 20-6 are necessary to accomplish the proposed change in the pool operator permit process; and
WHEREAS, the amended sections of A.R. 20-6 are attached hereto as Attachment 1; and
WHEREAS, section 11-11-1 of the Alexandria City Code requires that city council approve any amendments to A.R. 20-6 prior to the changes becoming effective;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF ALEXANDRIA
1. That city council does hereby approve the amendments to A.R. 20-6 which have been prepared by the city's health department and are shown on Attachment 1 by redlining and strikeouts;
2. That city council does hereby approve A.R. 20-6, as amended by said amendments; and
3. That this resolution, as well as A.R. 6-21 as amended by this resolution, shall be effective upon the date and at the time of the adoption of the resolution.
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1
2
3
4
OTHER
25. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated April 22, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/28/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council received the updated Council Calendar. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
CONTESTED APPOINTMENTS
26. Alexandria-Gyumri Sister City Committee
1 Citizen Member
(The following person volunteered for appointment to the above Committee:)
NAME ENDORSED BY:
Dean Shahinian*
(Residency Waiver Required)
*Incumbent
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 26; 4/28/98, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Dean Shahinian as a Citizen Member to the Alexandria-Gyumri Sister City Committee. The voting was as follows:
Donley - Shahinian
Euille - Shahinian
Cleveland - Shahinian
Pepper - Shahinian
Rich - Shahinian
Speck - Shahinian
Walker - Shahinian
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27. Alexandria Commission for the Arts
2 Members Who Represent Arts Education or
Business Expertise Relative to Arts and Cultural
Development, Including such Perspectives as
Marketing, Finance/Funding, Tourism Promotion and
Organizational Development
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Tiffany Larbalestier* Alexandria Commission for the Arts
Kimberly A. Maney
Jill Wiley
James Wilhoit* Alexandria Commission for the Arts
* * * * *
(Material pertaining to 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. 27; 4/28/98, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Tiffany Larbalestier and James Wilhoit as Members Who Represent Arts Education or Business Expertise Relative to Arts and Cultural Development, Including Such Perspectives as Marketing, Finance/Funding, Tourism Promotion and Organizational Development to the Alexandria Commission for the Arts. The voting was as follows:
Donley - Larbalestier, Wilhoit
Euille - Larbalestier, Wilhoit
Cleveland - Larbalestier, Wilhoit
Pepper - Larbalestier, Wilhoit
Rich - Larbalestier, Wilhoit
Speck - Larbalestier, Wilhoit
Walker - Larbalestier, Wilhoit
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28. Alexandria Commission on Information Technology
1 Citizen-At-Large
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Michael Cassidy
Ronald Davis
Todd Landfried
John McBride
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 4/28/98, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed John McBride as a Citizen-At-Large to the Alexandria Commission on Information Technology. The voting was as follows:
Donley - McBride
Euille - Davis
Cleveland - McBride
Pepper - Cassidy
Rich - McBride
Speck - McBride
Walker - McBride
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29. Alexandria Human Rights Commission
3 Citizen Members
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Sherry deVries
Fred Martin
Linda Schaefer*
S. Howard Woodson, III
*Incumbent
* * * * *
(Material pertaining to 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. 29; 4/28/98, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Linda Schaefer and appointed Sherry deVries and Fred Martin as Citizen Members to the Alexandria Human Rights Commission. The voting was as follows:
Donley - deVries, Martin, Schaefer
Euille - deVries, Martin, Woodson
Cleveland - Martin, Schaefer, Woodson
Pepper - deVries, Schaefer, Woodson
Rich - deVries, Martin, Schaefer
Speck - deVries, Martin, Schaefer
Walker - deVries, Martin, Schaefer
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30. Alexandria Traffic and Parking Board
3 Citizen Members
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Michael Bond
Christopher Hamilton
Martha Harris
Theodore Haverchack
Anthony Norwood*
Brian O'Connell
Jason Rizzo
C. Peter Schumaier
Raymond Whitney, Jr.
*Incumbent
* * * * *
(Material pertaining to 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. 30; 4/28/98, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Anthony Norwood and appointed Christopher Hamilton and C. Peter Schumaier as Citizen Members to the Alexandria Traffic and Parking Board. The voting was as follows:
Donley - Norwood, Schumaier, Whitney
Euille - Hamilton, Norwood, Schumaier
Cleveland - Hamilton, Norwood, Whitney
Pepper - Hamilton, Norwood, Schumaier
Rich - Hamilton, Norwood, Schumaier
Speck - Hamilton, Norwood, Schumaier
Walker - Hamilton, Norwood, Schumaier
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, at 10:00 p.m., the Regular Meeting of Tuesday, April 28, 1998, was adjourned. The voting was as follows:
Euille "aye" Cleveland "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
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APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
_____________________________________________
Beverly I. Jett, CMC City Clerk
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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