Regular Meeting
Tuesday, November 11, 1997 - - 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. Ruller and Mr. Crabtree, Deputy Directors 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; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Mr. Neckel, Director of Finance; Mr. Ransom, Special Assistant to the City Manager; Ms. Federico, Director of Historic Alexandria; Ms. Davis, Director of Housing; Police Chief Samarra; Alexandria Convention and Visitors Association Executive Director Mitchell; Alexandria Economic Development Partnership, Inc. Executive Director Riley; and Lieutenant Butler, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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At 6:00 p.m., in Room 2000, City Council attended a reception by the Senior Citizens Employment & Services of Alexandria, Inc., to honor retiring Director Mary Ann Ormes and to introduce The Alexandria Calendar, 1998.
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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 Mrs. Michelle Conn, Member of the Alexandria Baha'i Local Spiritual Assembly.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes of (a) The Special Public Hearing Meeting of October 25, 1997; and (b) The Regular Meeting of October 28, 1997, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Euille and carried unanimously, City Council received the report of the City Clerk, dated November 2, 1997, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/11/97, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
5. Presentation of Proclamation Proclaiming Thursday, November 27, 1997, as Potomac West "Turkey Trot" Day throughout the City of Alexandria. (Councilwoman Pepper)
(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; 11/11/97, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper presented the proclamation.
WHEREUPON, upon motion simultaneously made by Councilman Cleveland and Councilwoman Pepper and seconded by Vice Mayor Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Rich "aye"
Euille "aye" Speck "aye"
Walker "aye"
WITHOUT OBJECTION, City Clerk Jett read Docket Item Nos. 6 and 7 together.
6. Presentation of Proclamation Honoring Mary Ann Ormes upon Her Retirement as Executive Director of the Senior Citizens Employment & Services of Alexandria, Inc. (Councilman Speck, Vice Mayor Euille, Councilwoman Pepper, Council Member Rich and Council Member Walker)
(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; 11/11/97, and is incorporated herewith as part of this record by reference.)
7. Presentation of the Senior Citizens Employment & Services of Alexandria, Inc.'s, Alexandria Calendar, 1998. (Councilman Speck)
Councilman Speck presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Speck and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Euille "aye"
Speck "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
Members of City Council were presented with the 1998 Calendar of the Senior Citizens Employment and Services.
8. Recognition of Wanda Dowell as Recipient of the James R. Short Award for Lifetime Service to the Museum Profession.
(A copy of the City Manager's memorandum dated October 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/11/97, and is incorporated herewith as part of this record by reference.)
City Council recognized and congratulated Wanda Dowell for receiving the James R. Short Award.
New Business Item No. 1: Councilman Cleveland introduced a local government delegation from China who is being sponsored by the International Republican Institute, and are in this country learning about government.
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
CONSENT CALENDAR (9 - 11) (15 - 18)
WITHOUT OBJECTION, City Council removed Docket Item No. 10(c) from the Consent Calendar and considered it under separate motion.
After the Consent Calendar was adopted, City Council reconsidered Docket Item No. 11.
9. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:
(a) Alexandria Commission for the Arts
Janet de Merode
(b) Alexandria Commission on Employment
Mary Ann Ormes
(c) Alexandria Fair Housing Testing Program Advisory
Committee
Abbie Moore
(d) Alexandria Task Force on AIDS
Walston Barbour
(A copy of each of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9(a-d); 11/11/97, and is incorporated herewith as part of this record by reference.)
10. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria Commission on Aging
3 Citizen Members (Two of Whom Must Be 60 Years of Age or Older)
(b) Alexandria Environmental Policy Commission
1 Member From the Field of Urban Planning
(d) Alexandria Public Health Advisory Commission
1 Representative From the Alexandria Community Services Board
(e) Alexandria Waterfront Committee
1 Representative From the Old Town Civic Association
(f) Alexandria Youth Policy Commission
1 Member of the Alexandria Public Health Advisory Commission
(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 Nos. (10a-f); 11/11/97, and is incorporated herewith as part of this record by reference.)
11. Receipt of Viewers' Report Regarding Vacation of a Portion of the Public Right-of-Way at 370 Holland Lane, Shurgard Storage Centers, Inc., Zoned CDD-1/Coordinated Development District, Duke Street, and authorizing the City Attorney to prepare the appropriate ordinance. (#19 10/25/97)
(A copy of the Viewers' Report dated November 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/11/97, and is incorporated herewith as part of this record by reference.)
15. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code by increasing the fine for violating the code's prohibition against parking on public rights-of-ways during snow emergencies.
(A copy of the City Manager's memorandum dated October 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 15; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 11/11/97, and is incorporated herewith as part of this record by reference.)
16. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code to require a person who drives while intoxicated and causes an accident to reimburse the city for up to $1,000 of its emergency response expenses.
(A copy of the City Manager's memorandum dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 16; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 11/11/97, and is incorporated herewith as part of this record by reference.)
17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public right-of-way at 5010 Duke Street for steps connecting a pedestrian walkway to a sidewalk.
(A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 1 of Item No. 17; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 11/11/97, and is incorporated herewith as part of this record by reference.)
18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code by changing the name of South Longview Drive to Jensen Street.
(A copy of the City Manager's memorandum dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present 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. 2 of Item No. 18; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 11/11/97, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar as presented, with the exception of Item No. 10(c), which was considered under separate motion. The City Manager's recommendations are as follows:
9. City Council received the following resignations with regret: (a) Janet de Merode from the Alexandria Commission for the Arts; (b) Mary Ann Ormes from the Alexandria Commission on Employment; (c) Abbie Moore from the Alexandria Fair Housing Testing Program Advisory Committee; and (d) Walston Barbour from the Alexandria Task Force on AIDS; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
10. City Council: (a) appointed Susana Perry and reappointed Arthur Jones and Ralph Thompson (who are 60 years of age or older) as Citizen Members to the Alexandria Commission on Aging; (b) appointed William Wheeler as a Member From the Field of Urban Planning to the Alexandria Environmental Policy Commission; (d) appointed Larry Hoffer as a Representative From the Alexandria Community Services Board to the Alexandria Public Health Advisory Commission; (e) reappointed William Kuehnle as a Representative From the Old Town Civic Association to the Alexandria Waterfront Committee; and (f) appointed Fay Menacker as a Member of the Alexandria Public Health Advisory Commission to the Alexandria Youth Policy Commission.
11. City Council received the Viewers' Report and authorized the City Attorney to prepare the necessary ordinance.
15. City Council introduced the Ordinance on First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, November 15, 1997.
16. City Council introduced the Ordinance on First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, November 15, 1997.
17. City Council introduced the Ordinance on First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, November 15, 1997.
18. City Council introduced the Ordinance on First Reading; and set it for Public Hearing, Second Reading and Final Passage on Saturday, November 15, 1997.
END OF CONSENT CALENDAR
The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
10.(c) Uncontested appointment to the Alexandria George Washington Birthday Celebration Committee
1 Representative of the Business Community Nominated by the Alexandria Chamber of Commerce
Councilwoman Pepper requested that this item be withdrawn from the consent calendar since the applicant is her husband, and she wishes to abstain from the discussion and voting on this item.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council reappointed F.J. Pepper as a Representative of the Business Community Nominated by the Alexandria Chamber of Commerce to the Alexandria George Washington Birthday Celebration Commission. The voting was as follows:
Euille "aye" Pepper did not vote
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
11. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council reconsidered Docket Item No. 11. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
11. Receipt of Viewers' Report Regarding Vacation of a Portion of the Public Right-of-Way at 370 Holland Lane, Shurgard Storage Centers, Inc., Zoned CDD-1/Coordinated Development District, Duke Street, and authorizing the City Attorney to prepare the appropriate ordinance. (#19 10/25/97)
City Council participated in a discussion of this item. Cyril D. Calley, attorney representing the applicant, also participated in the discussion. City Council referred the matter to the City Clerk and City Attorney to review in terms of the letter of instructions which is sent to the Viewers.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council received the Viewers Report, took note of its negative recommendation, and proceeded to process as Council would normally do by authorizing the City Attorney to prepare the appropriate ordinance. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
12. Consideration of Staff Summary and Resolution on the Regional Mobility Report on Bus Service for the Washington Metropolitan Region. (Mayor Donley) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/11/97, and is incorporated herewith as part of this record by reference.)
Mayor Donley gave a report on this item.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council received this report and adopted the resolution which provides for Council acceptance of the report of the Regional Mobility Panel. Upon adoption of the resolution by Council, staff will proceed with implementation of the Report recommendations in cooperation with the local jurisdictions of the Washington metropolitan region. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1845
WHEREAS, the U.S. Congress directed the Washington Metropolitan Area Transit Authority (WMATA) to evaluate the greater Washington metropolitan region’s current and future bus transportation needs through the year 2020; and
WHEREAS, the WMATA Board of Directors established the Regional Mobility Panel, comprised of the region’s business, citizen and government leaders, to assess the performance of the region’s existing bus systems and develop recommendations to improve these services; and
WHEREAS, the Regional Mobility Panel managed an independent study of the region’s bus services that culminated in a Report that was accepted by the WMATA Board of Directors and submitted to U.S. Congress’ Committees on Appropriations on October 9, 1997; and
WHEREAS, the City of Alexandria is party to the Interjurisdictional WMATA Compact, with representation on the WMATA Board of Directors and on the Regional Mobility Panel; and
WHEREAS, the City of Alexandria has substantial financial investment in the operation of the region’s bus services, including subsidy payments to WMATA and service payments to DASH in excess of $8.5 million per year; and
WHEREAS, the recommendations of the Panel Report include changes to the WMATA subsidy allocation formula that will ensure a more equitable distribution of Metrobus service costs, that once fully implemented, will save the City of Alexandria an estimated $1.1 million per year; and
WHEREAS, the recommendations of the Panel Report also provide measures to improve bus service scheduling and routing to simplify bus fares, and to provide a more regionally cohesive approach to managing the region’s bus services; and
WHEREAS, these improvements to the region’s bus services support the City’s commitment to mass transit and enhance the efficacy of the region’s mobility options that work towards mitigating the adverse impacts of traffic congestion and protecting the quality of life enjoyed in Alexandria;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Alexandria, Virginia, accepts the report of the Regional Mobility Panel for implementation in cooperation with the local jurisdictions of the Washington metropolitan area.
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13. Consideration of Reimbursement of Expenses for the September 3, Affordable Meetings Reception. (Mayor Donley and Councilman Speck)
(A copy of a memorandum, from Mayor Donley and Councilman Speck, dated November 5, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/11/97, and is incorporated herewith as part of this record by reference.
A copy of guest survey results as of November 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 11/11/97, and is incorporated herewith as part of this record by reference.)
JoAnne Mitchell, Executive Director, Alexandria Convention and Visitors Association, answered questions directed to her by Members of Council.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council received the report on the September 3 Affordable Meetings Reception and approved the transfer of $25,000 from the FY 1998 budgeted contingent reserves account #103556-2707 to the Alexandria Convention and Visitors Association (ACVA) contribution budget (account #105429) for a one-time City grant for costs associated with the marketing reception during the Annual Affordable Meetings Expo. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"
14. Consideration of Home Rehabilitation Loan Program Revisions.
(A copy of the City Manager's memorandum dated November 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/11/97, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille directed questions to Housing Director Davis with respect to increasing the amount to $100,000.
City Manager Lawson also responded to this.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved changing the Office of Housing's Home Rehabilitation Loan Program to incorporate the following elements into rehabilitation loans: (1) a rehabilitation limit of $90,000 for construction costs only (e.g., costs for materials, labor, and utility connections directly related to rehabilitation and energy improvements); and (2) all costs (moving, storage of furniture, rent) associated with the temporary relocation of the homeowner during the rehabilitation, as well as all costs associated with printing, surveys, permits, termite, title and appraisal reports and recording fees to be included above the construction cost limit; the Office of Housing would absorb the cost of architectural, engineering and associated expenses. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilman Speck stated that the program on Saturday morning, November 8, dealing with pedestrian access at the King Street Metro, was one of the most interesting and challenging sessions that he had attended in a long time. He truly benefited from it. He complimented Council Member Walker, her Administrative Assistant Gloria Flanagan and WMATA for a job well done.
(b) Councilman Speck spoke to the parking situation at Queen/Lee due to the construction that is being done. He expressed concern for the businesses that are located in the 200 blocks of North Lee and Queen Street.
City Manager Lawson will meet with representatives of the businesses to see what the City can do to help during this difficult time of construction.
(c) Councilman Cleveland took a moment on this Veterans' Day to remember all of the Veterans, those who have served and those who are serving now.
(d) Council Member Walker thanked the personnel at the Masonic Temple who provided such a wonderful meeting room for Saturday's workshop. She thanked the City staff who worked so hard to make it work.
(e) Council Member Walker noted that the City had won an award on the renovation of Union Station. She noted that Planner Al Cox worked very, very hard on this project and thanked him for that.
(f) Council Member Rich referred to his four points regarding the Master Plan, and would like this to go to the Planning Commission and come back to Council in December. He would like staff to report what the process is.
(g) Councilwoman Pepper noted that Council had received a memorandum indicating that $35,000 had been raised so far in the Walk for Breast Cancer.
(h) Councilwoman Pepper, co-chair of Alexandria Works! spoke to meeting with clients that were in the welfare system or leaving the system.
(i) Vice Mayor Euille stated that the meeting Councilwoman Pepper referred to was to gain an assessment in terms of the overall program of the Alexandria Works!
(j) Vice Mayor Euille announced that on Thursday, November 20, the City will be having its first Small Business Procurement Fair. The Fair is being coordinated and sponsored by the City's Purchasing Office, the Alexandria Economic Development Partnership, and the Small Business Development Center. It will be held from 8:00 a.m. to 12:00 p.m., at the Old Town Ramada Inn. He encouraged all businesses to attend.
(k) Vice Mayor Euille noted that he had received an invitation to apply for the position of Deputy Mayor in Washington, D.C. He is not an applicant.
(l) Vice Mayor Euille discussed the personal property tax and questioned what steps the City should take.
Members of Council and the City Manager participated in the discussion. Staff will follow and keep Council updated.
(m) Mayor Donley congratulated Warren Bell for his work on the Best Management Practices Manual for which Transportation and Environmental Services received an award.
ORDINANCES AND RESOLUTIONS (continued)
19. Consideration of Resolution Authorizing the Issuance of Alexandria Industrial Development Authority Bonds for the Chesapeake Hospital Corporation T/A Rappahannock General Hospital. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 31, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/11/97, and is incorporated herewith as part of this record by reference.)
Councilman Speck noted for the record that his employer will likely be an underwriter of these bonds. That has no direct or indirect financial on him, and he feels qualified to vote on this item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution as recommended by the Alexandria Industrial Development Authority at its meeting and public hearing on October 7, 1997. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1846
WHEREAS, The Industrial Development Authority of the City of Alexandria (the “Authority”), has considered the application of the Chesapeake Hospital Corporation t/a Rappahannock General Hospital (the “Applicant”), whose principal business address is 101 Harris Road, Kilmarnock, Virginia 22482, requesting the issuance of the Authority’s revenue bonds in a principal amount not to exceed $8,500,000 (the “Bonds”). The proceeds of the Bonds will be used to assist the Applicant in (i) financing the cost of the acquisition, construction and equipping of an outpatient pulmonary rehabilitation building and the acquisition and installation of a hospital-wide information/computer system and a CT scanner and (ii) refinancing a support services building, the cost of a portion of the construction of Rappahannock General Hospital (the “Hospital”), the cost of certain rehabilitation of the Hospital, and an MRI machine, all located at 101 Harris Road, Kilmarnock, Virginia 22482 (the “Project”). The proceeds of the Bonds will also be used to finance certain costs of the issuance of the Bonds; and
WHEREAS, The Applicant has filed its request for the issuance of the Bonds by the Authority in connection with the bond pool program established by the agreement between the Authority and NationsBank, N.A. (“NationsBank”), pursuant to which NationsBank has agreed to have the Authority issue bonds for 501(c)(3) organizations utilizing the NationsBank bond pool program structure. The Bonds will be secured by a NationsBank Letter of Credit, will bear interest at a variable rate and will be in minimum authorized denominations of $100,000 so as to avoid the application of the continuing disclosure rules promulgated in Rule 15c2-12 by the Securities and Exchange Commission; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the “Virginia Code”), provide that the highest elected governmental unit of the locality 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. The Authority issues its bonds on behalf of the City of Alexandria, Virginia (the “City”). The City Council of the City of Alexandria, Virginia (the “Council”) constitutes the highest elected governmental unit of the City. The Board of Supervisors of Lancaster County, Virginia, as the highest elected governmental unit over the area in which the facility is located, is scheduled to consider the issue on November 13, 1997; and
WHEREAS, following the public hearing held by the Authority on October 7, 1997, the Authority adopted a resolution (the “Inducement Resolution”) in which it recommended and requested that the Council approve of the issuance of the Bonds by the Authority. A copy of the Inducement Resolution, a brief summary of the Authority’s public hearing, and the Applicant’s Fiscal Impact Statement have been filed with the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. The Council approves the issuance of the Bonds by the Authority in a principal amount now estimated to be $8,500,000 for the benefit of the Applicant, as required by Section 147(f) of the Code and Section 15.1-1378.1 of 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 creditworthiness of the Project or the Applicant, and, as required by Section 15.1-1380 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.
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20. Consideration of the Resolution from the Landlord-Tenant Relations Board Regarding Voluntary Rent Guidelines. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/11/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution from the Landlord-Tenant Relations Board regarding the Voluntary Rent Guidelines which recommends that the City's Voluntary Rent Guidelines remain at 4.5% if the tenant pays utilities and 7% if the owner pays utilities. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1847
1997 VOLUNTARY RENT GUIDELINES RESOLUTION
CITY OF ALEXANDRIA, VIRGINIA
WHEREAS, more than half of the dwelling units in the city of Alexandria are renter-occupied; and
WHEREAS, the Alexandria City Council has continually expressed its concern for the well-being of the City’s tenants and landlords through proposed charter changes, legislation, and establishment of the Landlord-Tenant Relations Board; and
WHEREAS, the Alexandria Landlord-Tenant Relations Board has previously expressed its concern to the City Council regarding excessive rent increases;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria, Virginia, calls upon the Alexandria Landlord-Tenant Relations Board to monitor and investigate complaints of rent increases in excess of the following guidelines and to conduct a review of the guidelines every six months and forward recommendations to Council at a minimum of every 12 months;
-- If the tenants pay all utilities, not more than four and one-half percent cumulatively per year;
-- If all utilities are included in the rental amount, not more than seven percent cumulatively per year.
PROVIDED, however, that Board investigators will recognize and take into account any unusual costs, capital improvements and major repairs to the property (which should be substantiated by the owner), and extraordinary increases (more than 50%) in assessments;
PROVIDED, further, that the landlord may apportion increased real estate taxes in an equitable manner;
PROVIDED, further, that when a landlord converts utilities to a sub-metered or individually metered system, the amounts of monthly rents, plus annualized utility costs, shall remain within these guidelines;
BE IT FURTHER RESOLVED that the Landlord-Tenant Relations Board will report to City Council on the adequacy of the above guidelines in October 1998.
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OTHER
21. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated November 5, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/11/97, and is incorporated herewith as part of this record by reference.)
General Discussion.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council received the updated Council Calendar. Council noted that only five Members could attend the December 2, 1997 breakfast sponsored by the Northern Virginia Association of Realtors. Assistant City Manager Evans will advise them of this to determine if this meets with their approval. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
CONTESTED APPOINTMENTS
22. Alexandria Commission on Employment
1 Business Representative From Among Recognized Area Businesses, Including Minority-Owned and Small Businesses
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Nathan Grimsley*
Mary Anne Russell* John L. Williams, Chairman, Alexandria Environmental Policy Commission
*Residency Waiver Required
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(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. 22; 11/11/97, 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 appointed Mary Anne Russell as a Business Representative From Among Recognized Area Businesses, Including Minority-Owned and Small Businesses to the Alexandria Commission on Employment. The voting was as follows:
Donley - Russell
Euille - Russell
Cleveland - Russell
Pepper - Russell
Rich - Russell
Speck - Russell
Walker - Russell
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23. Alexandria Community Criminal Justice Board
1 Representative of Local Education Nominated by the Superintendent of Schools
2 Citizen Members
(The following persons volunteered or were recommended for appointment to the above Board:)
NAME ENDORSED BY:
1 Representative of Local Education Nominated
by the Superintendent of Schools
Lawrence Jointer Herbert Berg, Superintendent of
(Residency Waiver Required) Schools
1 Citizen Members
Andrew Bucholz
Bernadette Johnson*
Janine Ware
*Incumbent
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(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. 23; 11/11/97, 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 waived the residency requirement and appointed Lawrence Jointer as a Representative of Local Education Nominated by the Superintendent of Schools and reappointed Bernadette Johnson and appointed Andrew Bucholz as Citizen Members to the Alexandria Community Criminal Justice Board. The voting was as follows:
Donley - Jointer, Bucholz, Johnson
Euille - Jointer, Bucholz, Johnson
Cleveland - Jointer, Bucholz, Johnson
Pepper - Jointer, Bucholz, Johnson
Rich - Jointer, Bucholz, Johnson
Speck - Jointer, Bucholz, Johnson
Walker - Jointer, Johnson, Ware
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24. Alexandria Environmental Policy Commission
1 Citizen Member
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Cynthia Chambers Tom Tyler
Crane Harris
Charles Jones
John Koch
Patrick McLaughlin
Jeffrey Mosher
W. Bruce Pasfield
Loren Preheim
Pamela Sosne
* * * * *
(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. 24; 11/11/97, 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 Cynthia Chambers as a Citizen Member to the Alexandria Environmental Policy Commission. The voting was as follows:
Donley - Chambers
Euille - Chambers
Cleveland - Chambers
Pepper - Chambers
Rich - Chambers
Speck - Chambers
Walker - Chambers
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25. Alexandria Public Records Advisory Commission
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Clarence Henley
Michael Seith
* * * * *
(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. 25; 11/11/97, 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 Clarence Henley as a Citizen Member to the Alexandria Public Records Advisory Commission. The voting was as follows:
Donley - Henley
Euille - Seith
Cleveland - Seith
Pepper - Henley
Rich - Henley
Speck - Henley
Walker - Henley
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, at 9:20 p.m., the Regular Meeting of Tuesday, November 11, 1997, was adjourned. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "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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The City Council Docket is available via e-mail and fax. If you would like to receive your docket via e-mail or fax, please call the City Clerk and Clerk of Council's Office at 838-4500.