Regular Meeting
Tuesday, December 8, 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; 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; Ms. Steele, Deputy City Manager; Mr. McMahon, Deputy Director of General Services; Ms. Chis, Director of Social Services; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; Ms. Cabe, Acting Assistant City Manager; Fire Chief Hawkins; Mr. Caton, Legislative Director; Ms. Boyd, Director of Citizen Assistance; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Police Chief Samarra; Commonwealth's Attorney Sengel; and Lieutenant Rosboschil, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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There was a Work Session on the proposed Woodrow Wilson Bridge crossing design in the Council Chambers at 6:00 p.m. Robert Healy, Deputy Bridge Engineer for the Maryland State Highway Administration, explained the design competition and the selection process.
Thomas Jenkins, Consultant, gave a slide presentation with respect to the bridge design.
Mr. Healy and Mr. Jenkins answered questions directed to them by the Members of City Council.
The work session concluded at approximately 7:25 p.m.
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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 Councilman Speck.
New Business Item No. 1: Council Member Rich spoke to the recent passing of his Pastor, Nancy Foil, who died of cancer. A memorial service will be held at Baptist Temple Church at 11:00 p.m. December 9.
New Business Item No. 2: Mayor Donley announced that Council will not be making a decision tonight on the Woodrow Wilson Bridge. Council will be receiving a briefing from legal counsel.
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3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes of the Public Hearing Meeting of Saturday, November 14, 1998, 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 Council Member Walker and carried unanimously, City Council received the Report of the City Clerk dated November 25, 1998, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/8/98, and is incorporated herewith as part of this record by reference. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
5. Presentation of Proclamation Proclaiming December 31, 1998, as First Night Alexandria Day.
(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; 12/8/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
6. Presentation of Proclamation Proclaiming December as Human Rights 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. 6; 12/8/98, and is incorporated herewith as part of this record by reference.)
Council Member Rich presented the proclamation.
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Rich "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
7. Presentation of Proclamation Proclaiming the City's Support for the Earned Income Tax Credit Campaign.
(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; 12/8/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (8 - 10) (14 - 15)
WITHOUT OBJECTION, Council withdrew Docket Item No. 10 from the Consent Calendar.
8. Receipt of Resignations from Boards, Commissions and Committees:
(a) Alexandria Youth Policy Commission
Lauren R. LaSasso
(A copy of the resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8(a); 12/8/98, and is incorporated herewith as part of this record by reference.)
9. Uncontested Appointments to Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
1 Representative From the Business Community
(b) Alexandria Commission on Aging
1 Citizen Member
(c) Alexandria Commission on Persons With Disabilities
4 Citizen Members
(Three of Whom Must Have Disabilities)
(d) Alexandria Environmental Policy Commission
1 Member From the Field of Engineering
(e) Historic Alexandria Resources Commission
1 Representative From the Historic Alexandria Docents
1 Representative From the Northern Virginia Fine Arts Association
1 Member From Planning District II
(f) Alexandria Task Force on AIDS
1 Representative From Hospice of Northern Virginia
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 9(a-f); 12/8/98, and is incorporated herewith as part of this record by reference.)
14. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the text of the Zoning Ordinance, and the zoning map as it pertains to the Cameron Station Coordinated Development District, to allow a public school, with a special use permit, within the Cameron Station CDD. [ROLL-CALL VOTE]
(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. 1 of Item No. 14; 12/8/98, 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. 14; 12/8/98, 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's 1992 Master Plan by adopting changes to (i) the Old Town North Small Area Plan Chapter, (ii) the Landmark/Van Dorn Small Area Plan Chapter, and (iii) various parts or the plan that have been recommended by the planning commission as part of its periodic, five-year plan review. [ROLL-CALL VOTE]
(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. 1 of Item No. 15; 12/8/98, 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; 12/8/98, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Consent Calendar as presented with the exception of docket item no. 10 which was considered under separate motion. The City Manager's recommendations are as follows:
8. City Council (a) received the resignation of Lauren R. LaSasso from the Youth Policy Commission with regret; requested the Executive Secretary to send the appropriate letter of appreciation; and to advertise the vacancy in the usual manner.
9. City Council (a) reappointed Mary Radnofsky as a Representative From the Business Community to the Alexandria-Caen Exchange Committee; (b) reappointed Charles Cox as a Citizen Member to the Alexandria Commission on Aging; (c) reappointed Chester Avery (Identified a Disability), Eunice Fiorito (Identified a Disability), Barbara Gilley (Identified a Disability), and Tom Sachs as Citizen Members (three of whom must have disabilities) to the Alexandria Commission on Persons With Disabilities; (d) reappointed Samuel Cole as a Member From the Field of Engineering to the Alexandria Environmental Policy Commission; (e) appointed Carole Smith as a Representative From the Historic Alexandria Docents, reappointed Elaine Johnston as a Representative From the Northern Virginia Fine Arts Association and David Peters as a Member From Planning District II to the Historic Alexandria Resources Commission; and (f) appointed Kathryn Unruh as a Representative From Hospice of Northern Virginia to the Alexandria Task Force on AIDS.
14. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 12, 1998.
15. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, December 12, 1998.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
10. Consideration of Receipt of Two-Year Grant Funds in the Amount of $127,841 from the Arlington Health Foundation for Expansion of the Psychological Services/Preschool Prevention Program.
(A copy of the City Manager's memorandum dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/8/98, and is incorporated herewith as part of this record by reference.)
Councilman Speck noted that although we may notify the person who is hired and specifically involved, he asked how the City notifies the various constituent groups who are served by the program in the event that the grant does not continue? He expressed concern about the City getting into a position to where we are being aggressively lobbied to continue a program, and essentially being put into a difficult position of having to pick something up that was initiated by a grant and now will become a burden to the City. The broad issue that has been talked about is the concern that programs never seem to end regardless of how they started.
City Manager Lawson responded to his concerns and requested the Office of Management and Budget to compile some statistics over the last five or seven years.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council (1) accepted the Arlington Health Foundation funds totaling $127,841 for the two-year period January 1, 1999 to December 31, 2000, to fund an additional clinical psychologist to provide psychological services to preschools in the City; and (2) approved the request to increase by one the number of full-time equivalent positions for the Department of Mental Health, Mental Retardation and Substance Abuse. This position would terminate upon expiration of the grant, and the individual who fills this position will be notified of this condition of employment and sign an agreement of understanding with regard to this condition. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
Without objection, City Council considered Docket Item Nos. 11 and 12 together.
11. Receipt of the 1998 Annual Report and Plant Survey from Jones Communications, Inc.
(A copy of the City Manager's memorandum dated November 25, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/8/98, and is incorporated herewith as part of this record by reference.)
12. Receipt of the 1998 Jones Communications, Inc. Annual Subscriber Survey Report.
(A copy of the City Manager's memorandum dated November 25, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/8/98, and is incorporated herewith as part of this record by reference.)
Councilman Speck directed questions to Ms. Schuler of Jones Communications about the program guide to assure that the interested public may view a program or a rebroadcast of a program. He asked questions regarding subscriber survey questions and results. Ms. Schuler, Director of Citizen Assistance Boyd, and Consumer Affairs Administrator Barbash participated in the discussion. They will work on improving the distribution of programming information, as well as exploring a link from the City's web site to Jones Communications' web site and discussing it at a meeting of the City's Commission on Information Technology with Councilman Speck being invited to that meeting.
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the City Manager's recommendations as follows:
11. City Council received the Jones Communications 1998 Annual Report and Plant Survey.
12 City Council received the 1998 Annual Subscriber Survey Report from Jones Communications, Inc.
The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
13. Consideration of Establishment of a Parking Adjudication Office.
(A copy of the City Manager's memorandum dated November 25, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/8/98, and is incorporated herewith as part of this record by reference.)
Members of City Council, Director of Financial and Information Technology Services Gitajn, and Commonwealth's Attorney Sengel participated in the discussion of this item.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council received this report and approved the transfer of $99,616 from Contingent Reserves (Account 103556) to the Commonwealth's Attorney's Office (Account 102707) to fund start-up costs and five months of operations of a new parking adjudication program beginning in February 1999. The voting was as follows:
Rich "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck out of room
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper spoke to meeting with representatives from the Living Wage Coalition of Northern Virginia. She indicated that they have requested that the City Council pass a living wage ordinance which would require the contractors that the City do business with to pay their employees an hourly wage that's above the minimum wage. Councilwoman Pepper asked if it is possible for us to get some kind of feel or idea of what our contractors are paying their employees? Is there any way of knowing if they are already doing better than offering more than the minimum wage? Are they offering a living wage so that this issue could be put to rest?
Financial and Information Technology Services Director Gitajn stated that staff could come back with an estimate of what it would take to know. It is not a piece of information they know.
Councilwoman Pepper asked, if this is going to be more of a survey than the City wants, could Council at least have a sample from one of our major firms to which we are subcontracting?
Financial and Information Technology Services Director Gitajn stated that staff will report back to Council on this.
(b) Council Member Rich spoke to the compact disc, "Sean's Treasure", which he gave to each Member of Council as a holiday present. Sean Doherty is one of the organizers of the Irish Breakfast Band which is a terrific band and has just cut its first CD. It is a really wonderful CD to listen to.
(c) Council Member Walker reported on the recent National League of Cities' Annual Convention in Kansas City. She indicated that one of the major concerns from local elected officials is growth and development. Council Member Walker spoke to her philosophy on land use decisions.
(d) Vice Mayor Euille also reported on the activities and many leadership seminars offered at this year's NLC Convention. He and Council Member Walker were able to share some of Alexandria's experiences.
(e) Vice Mayor Euille spoke to the four water main breaks in the City today.
Transportation and Environmental Services Director O'Kane responded to his questions. He will request a report from the Virginia American Water as to what caused the breaks.
(f) Councilman Speck spoke to Transportation and Environmental Services Director O'Kane's memorandum dated December 7, 1998, regardingspeeding and traffic control. He requested that this issue be docketed for a broader discussion to talk about issues that are affecting the community on a broader scale as it relates to speed, control of speed, and the ability to conduct more effective traffic calming measures, and in areas where we really need to be taking a look of what's happening as it relates to residential streets with four-lane roads and other issues like that. He requested that Council use Mr. O'Kane's memorandum as a kickoff for a broader Council discussion about this matter generally.
Councilman Cleveland suggested that on Seminary Road, between Beauregard and George Mason where the speed limit is 35 mph, it needs to be reduced to 25 mph.
Mayor Donley suggested that Council give some thought between now and the first legislative meeting in January about how the discussion should be structured.
(g) Mayor Donley gave a report on the recent meeting of the Commission on the Future of Virginia Cities which was hosted by the City and held at the George Washington Masonic Temple on December 2.
(h) Mayor Donley spoke to hosting a community forum on education and its importance. One of the goals would be to reach out to the broader community, the broader constituencies that make up Alexandria. He stated that he has talked with School Board Chair Kenealy to come up with a format. It has been tentatively agreed to have a facilitator who would lead the discussion. He indicated that one of our citizens in Alexandria, Sherry Schiller Cameron, does this for a living and has volunteered to help with this project as a community volunteer. Her husband is the Executive Director of the National Education Association, so she comes with a certain amount of expertise not only in terms of facilitation, but also in educational programs as well.
Sherry has developed an initial agenda. Mayor Donley has asked that the staff, in conjunction with the school staff, work on coming up with a date that would be acceptable to the School Board, the Council and our facilitator. We should probably shoot for something in late January or early February before we get to the budget cycle. Staff should search for a suitable location.
Mayor Donley stated that each Council Member, in conjunction with their respective School Board liaison, would develop a list of seven people to invite and those names will be submitted to him and Chairman Kenealy. They will scan them for duplication and inclusion and then issue the invitations. If there is a lot of duplication, they may come back to ask for additional persons.
Mayor Donley indicated that this should be approximately a three-hour session with an abbreviated presentation similar to what Dr. Berg gave Council regarding the Standards of Learning.
Council should provide names to the Mayor and the Chair by Christmas so that invitations could go out by the first ten days in January depending upon the date.
City Manager Lawson will talk with Superintendent Berg and report back to Council with specifics.
ORDINANCES AND RESOLUTIONS (continued)
16. Consideration of a Resolution providing for the Sale of Consolidated Public Improvement General Obligation Bonds, Series 1999, and providing for the Terms of Such Bonds. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated November 30, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/8/98, and is incorporAted herewith as part of this record by reference.)
Vice Mayor Euille asked if some of these City of Alexandria General Obligation Bonds are on the market available for purchase, would he have a conflict should he decide to buy some of these bonds?
City Attorney Sunderland stated that under the conflict statute Vice Mayor Euille unmistakably, unequivocally would not have a problem. You don't have a problem tonight and you wouldn't have one down the road.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the Resolution which sets the terms for the issuance of up to $60 million in general obligation bonds and which delegates to the City Manager and the Director of Finance the authority to establish the details of the bond sale and to accept a bid for the purchase of the bonds. 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. 1901
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALEXANDRIA, VIRGINIA
PROVIDING FOR THE SALE OF CONSOLIDATED PUBLIC
IMPROVEMENT GENERAL OBLIGATION BONDS, SERIES 1999
AND PROVIDING FOR THE TERMS OF SUCH BONDS
The City Council of the City of Alexandria, Virginia (the "City") by Ordinance No. 4017 adopted on second reading on June 23, 1998 (the “Amending Ordinance”) amended the City’s Ordinance No. 3934, which was adopted on second reading on June 24, 1997 (the "Ordinance"), so as to authorize the issuance of a maximum of $60,000,000 general obligation bonds (the "Bonds") to finance all or a portion of the costs of certain capital improvements all as more particularly described in the Amending Ordinance (the "Projects"). The City Council has held a public hearing on the issuance of such bonds on June 23, 1998. The City Council has determined that it is advisable to issue and sell the Bonds of the City pursuant to the Ordinance and the Amending Ordinance and proposes to provide for the terms of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
1. Details and Sale of Bonds. The Bonds shall be issued upon the terms established pursuant to the Ordinance as amended by the Amending Ordinance and this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Bonds shall be issued in fully registered form, shall be dated such date as the City Manager may approve, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered from R-1 upwards consecutively. The Bonds shall be issued in such aggregate principal amount and shall mature or be subject to mandatory redemption on such dates and in such amounts as the City Manager may approve, provided that the aggregate principal amount of the Bonds shall not exceed $60,000,000 and the final maturity of the Bonds shall be not later than approximately 20 years from their date.
The City Manager is authorized and directed to accept the bid for the purchase of the Bonds which results in the lowest true interest cost to the City and the Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold to the successful bidder at such price as may be set forth in the bid accepted by such officer; provided that the true interest cost of the Bonds shall not exceed 6.5% per annum and the purchase price shall be not less than 98% of the par amount of the Bonds. The City Manager is authorized and directed to approve such optional redemption provisions for the Bonds as such officer may determine to be in the best interest of the City.
2. Book-Entry-Only Form. The Bonds shall be issued in book-entry-only form. The Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Bonds, and immobilized in the custody of DTC. One fully-registered Bond in typewritten or printed form for the principal amount of each maturity of the Bonds shall be registered to Cede & Co. Beneficial owners of the Bonds shall not receive physical delivery of the Bonds. Principal, premium, if any, and interest payments on the Bonds shall be made to DTC or its nominee as registered owner of the Bonds on the applicable payment date.
Transfer of ownership interest in the Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Bonds in accordance with rules specified by DTC and its Participants. The City shall notify DTC of any notice required to be given pursuant to this Resolution or the Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The City shall also comply with the agreements set forth in the City's Letter of Representations to DTC.
Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Bonds rather than to DTC or its nominee but only in the event that:
(i) DTC determines not to continue to act as securities depository for the Bonds; or
(ii) The City has advised DTC of its determination not to use DTC as a securities depository; or
(iii) The City has determined that it is in the best interest of the beneficial owners of the Bonds or the City not to continue the book-entry system of transfer.
Upon occurrence of the event described in (i) or (ii) above, the City shall attempt to locate another qualified securities depository. If the City fails to locate another qualified securities depository to replace DTC, the City Council shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A to the Ordinance to the Participants. In the event the City Council, in its discretion, makes the determination noted in (iii) above and has made provisions to notify the beneficial owners of the Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the City shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A to the Ordinance to any Participants requesting such Replacement Bonds. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraph 5 and 6 of this Resolution and the Bonds.
3. Appointment of Bond Registrar and Paying Agent. The Director of Finance is appointed as Bond Registrar and Paying Agent for the Bonds.
The City Manager may appoint a subsequent registrar and/or one or more paying agents for the Bonds upon providing for written notice to be given to the owners of the Bonds specifying the name and location of the principal office of any such registrar or paying agent.
4. CUSIP Numbers. The Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the City, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the City and any officer or agent of the City, by reason of any inaccuracy, error or omission with respect to such numbers.
5. Registration, Transfer and Exchange. Upon surrender for transfer or exchange of any Bond at the principal office of the Bond Registrar, the City shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Bond surrendered, subject in each case to such reasonable regulations as the City and the Bond Registrar may prescribe. All Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the City and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Bond may be registered to bearer.
New Bonds delivered upon any transfer or exchange shall be valid obligations of the City, evidencing the same debt as the Bonds surrendered, shall be secured by the Ordinance and this Resolution and entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered.
6. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Bonds, but the City may require payment by the registered owner of any Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Bond.
7. Non-Arbitrage Certificate and Tax Covenants. The City Manager and the Director of Finance, or either of them, are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Code, including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The City Council covenants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the City's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the City shall comply with the other covenants and representations contained therein.
8. Disclosure Documents. The City Manager and the Director of Finance, or either of them, and such officers and agents of the City as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate notice of sale, preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The notice of sale, preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12.
9. Continuing Disclosure. The City Manager and the Director of Finance, or either of them, are authorized and directed to enter into a Continuing Disclosure Agreement for the benefit of the owners of the Bonds to assist the underwriter for the Bonds in complying with the provisions of Section (b)(5) of Securities and Exchange Commission Rule 15c2-12.
10. Further Actions. The City Manager and the Director of Finance and such officers and agents of the City as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are ratified and confirmed.
11. Effective Date. In accordance with Section 15.2-2601 of the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, (the "Act"), the City Council elects to issue the Bonds pursuant to the provisions of the Act. This Resolution shall take effect immediately.
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17. Consideration of a Resolution and Authorization to Amend the Lease of the Northern Virginia Health Center Commission Property to Facilitate Reissuance of Bonds. [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated November 23, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/8/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council (1) approved the First Amendment to Lease Agreement with the Northern Virginia Health Center Commission; (2) authorized the City Manager to execute all necessary documents pertaining to the lease amendment; and (3) adopted the resolution incorporating the above actions. The voting as as follows:
Rich "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1902
WHEREAS, pursuant to the Constitution and laws of the Commonwealth of Virginia, particularly Title 15.2, Chapter 52, Code of Virginia of 1950, as amended (the “Act”), the governing bodies of the Counties of Fairfax, Fauquier, Loudoun and Prince William and the City of Alexandria, Virginia (the “Localities”), having declared by proper resolutions a need for a hospital or health center commission to function therein, have created the Health Center Commission for the Counties of Fairfax, Fauquier, Loudoun and Prince William and the City of Alexandria, Virginia, doing business as the Northern Virginia Health Center Commission (the "Commission”); and
WHEREAS, the Commission wishing to improve the public health and welfare of persons of low income in the Localities constructed a 180-bed health center (the “Facility”) for the care and maintenance of sick or infirm persons; and
WHEREAS, the City of Alexandria, Virginia (the “City”), as one of the Localities, has cooperated to provide for the Facility so as to provide for the care and maintenance of sick or infirm persons who are residents of the City; and
WHEREAS, the Facility is located on certain real property (the “Land”) in the County of Prince William, Virginia, owned as tenants in common by the Localities; and
WHEREAS, the City, along with the other Localities, entered into a Lease Agreement (the “Original Lease”) dated as of November 1, 1990, with the Commission to lease the Land and all buildings, structures and improvements thereon, together with a non-exclusive right of ingress and egress for access to State Route 28; and
WHEREAS, the Localities are empowered and authorized to lease, without a public hearing, real property to another public body such as the Commission, pursuant to Section 15.2-1800(B) of the Code of Virginia of 1950, as amended; and
WHEREAS, the City, along with the other Localities, entered into a Service Agreement (the “Service Agreement”) dated as of November 1, 1990, with the Commission for the purpose of providing the terms and conditions for financing, constructing and operating the Facility; and
WHEREAS, the Commission issued and sold its Northern Virginia Health Center Commission, Nursing Home Revenue Bonds Series 1990 in the aggregate principal amount of $10,530,000 (the “Series 1990 Bonds”) to finance the acquisition, construction, furnishing and equipping of the Facility; and
WHEREAS, the Commission has determined to issue and sell its Northern Virginia Health Center Commission, Nursing Home Revenue Refunding Bonds (Birmingham Green Project) Series 1998 (the “Series 1998 Bonds”) pursuant to an Indenture of Trust dated as of December 1, 1998 (the “Indenture”), in the aggregate principal amount not to exceed $10,500,000 to advance refund the Series 1990 Bonds to obtain the benefit of the lower interest rates currently available in the market; and
WHEREAS, the Localities are fully aware of the Commission’s plans to grant a Leasehold Mortgage in its leasehold interest under the Lease (the Original Lease and the proposed Amendment to Lease, collectively referred to as the “Lease”) to the Trustee, in accordance with Section 7(d) of the Original Lease, as additional security for the purchasers of the Series 1998 Bonds and/or the bond insurance provider (the “Leasehold Mortgage”); and
WHEREAS, the Original Lease currently (i) does not contemplate the issuance of refunding bonds to refund the Series 1990 Bonds, and (ii) provides that the Original Lease shall terminate on December 31, 2029, or such earlier date as the Localities may determine provided no Series 1990 Bonds remain outstanding; and
WHEREAS, in order for the Commission to issue the Series 1998 Bonds, the Original Lease must be amended to provide that (i) the Lease shall not terminate so long as the Series 1998 Bonds are outstanding, and (ii) if the Trustee, as a result of the occurrence of an Event of Default under the Indenture, conveys its interest in the Lease under the terms of the Leasehold Mortgage either through foreclosure proceedings or conveyance in lieu of foreclosure, the Lease shall not terminate prior to December 1, 2029, without the prior written consent of the Trustee; and
WHEREAS, the Localities and the Commission desire to amend the Original Lease to facilitate the issuance by the Commission of the Series 1998 Bonds by executing and delivering the First Amendment to Lease Agreement (the "Amendment to Lease”) dated as of December 1, 1998; and
WHEREAS, there has been prepared and submitted to the City Council of the City a proposed form of the Amendment to Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA
Section 1. Incorporation of Recitals. The Recitals contained in this Resolution are true and correct and are incorporated in this Resolution by this reference.
Section 2. The Amendment to Lease. The Amendment to Lease is hereby approved in the form submitted to this meeting, and a copy of the Amendment to Lease shall be filed with the minutes of this meeting. The City Manager or, in her absence, her designee (each an “Authorized Officer”) is hereby authorized and directed to execute and deliver the Amendment to Lease in substantially the form herein approved with such additions, deletions and modifications thereto as may be approved by such Authorized Officer, the execution of the Amendment to Lease being conclusive evidence of such approval and the approval of the City Council; and the Clerk of the City Council or, in her absence, her Deputy, is hereby authorized and directed to affix the seal of the City to the Amendment to Lease and to attest the same.
Section 3. Other Action. The Authorized Officer and her designee, the Clerk of the City Council and her Deputy, are hereby authorized and directed to execute and deliver any and all additional documents and instruments and to do and cause to be done any and all things necessary or proper for carrying out the transactions contemplated by this Resolution.
Section 4. Severability. If any provision of this Resolution shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provision or cause any other provision to be invalid, inoperative or unenforceable to any extent whatever.
Section 5. Repealer; Effective Date. Any resolutions or orders or parts thereof in conflict with this Resolution are to the extent of such conflict hereby repealed. This Resolution shall take effect upon its adoption, subject to approval by all of the Localities.
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Need copy of Amendment to the lease which is to be a part of the minutes
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18. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated December 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/8/98, and is incorporated herewith as part of this record by reference.)
Assistant City Manager Evans went through the new additions on the updated calendar.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council adopted the updated Council Calendar as of December 8 which includes the following events or changes added since the December 1 calendar was sent to Council: (1) the Alexandria Police Athletic League Achievement Awards Ceremony on Wednesday, December 9, at 7:00 p.m. in the Multi-purpose Room at Police Headquarters; (2) the Annual Hanukkah Celebration on Monday, December 14, in the Visitors' Lobby at INOVA Alexandria Hospital, 4320 Seminary Road; (3) the Call to Community meeting at George Washington Middle School has been changed from Thursday, January 14, to Monday, January 11, at 6:30 p.m.; (4) the George Washington Birthday Parade on Monday, February 15, at 1:00 p.m.; (5) work session on federal legislative issues with Congressman James Moran at 6:00 p.m., on Tuesday, February 23; (6) the Saint Patrick's Day Parade on Saturday, March 6, at 12:30 p.m.; and (7) the Home Ownership Fair on Saturday, April 10, at 9:30 a.m. at T.C. Williams High School. The voting was as follows:
Euille "aye" Cleveland out of room
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
CONTESTED APPOINTMENTS
19. Ad Hoc Alexandria Year 2000 Census Complete Count
Committee
1 Member Nominated by Jones Communications
of Alexandria
(The following person volunteered and was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Jennifer Barnwell Marie Schuler, General Manager
Jones Communications
* * * * *
(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. 19; 12/8/98, 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 appointed Jennifer Barnwell as a Member Nominated by Jones Communications of Alexandria to the Ad Hoc Alexandria Year 2000 Census Complete Count Committee. The voting was as follows:
Donley - Barnwell
Euille - Barnwell
Cleveland - Barnwell
Pepper - Barnwell
Rich - Barnwell
Speck - Barnwell
Walker - Barnwell
* * * * *
20. Alexandria-Caen Exchange Committee
3 Citizen Members
1 Representative From the Public Schools
in the City of Alexandria
(The following persons volunteered or were recommended for appointment to the above Committee:)
NAME ENDORSED BY:
3 Citizen Members
Mark Delligatti*
Laura Ferraro
Mary Jo Johnson
David Lapan*
(Residency Waiver Required)
Warren Master*
Carolyne Roehrenbeck
1 Representative From the Public Schools in
the City of Alexandria
Gregory Jones Herb Berg, Superintendent of Schools
(Residency Waiver Required)
*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. 20; 12/8/98, 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 Mark Delligatti and Warren Master as Citizen Members and waived the residency requirement and appointed Gregory Jones as a Representative From the Public Schools in the City of Alexandria to the Alexandria-Caen Exchange Committee. Since no one received a majority vote for the third Citizen Member slot, there had to be a second balloting between Mary Jo Johnson and David Lapan. The voting was as follows:
Donley - Delligatti, Johnson, Master, Jones
Euille - Delligatti, Lapan, Master, Jones
Cleveland - Delligatti, Johnson, Master, Jones
Pepper - Delligatti, Lapan, Master, Jones
Rich - Delligatti, Johnson, Master, Jones
Speck - Delligatti, Lapan, Master, Jones
Walker - Delligatti, Master, Roehrenbeck, Jones
* * * * *
Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Mary Jo Johnson as a Citizen Member to the Alexandria-Caen Exchange Committee. The voting was as follows:
Donley - Johnson
Euille - Lapan
Cleveland - Johnson
Pepper - Lapan
Rich - Johnson
Speck - Lapan
Walker - Johnson
* * * * *
21. Alexandria Beautification Commission
3 Citizen Members
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Marie Johnston*
Jennifer Hollings*
Marjorie Olson*
Keith Uhlenhake
Marianne Weitz
*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. 21; 12/8/98, 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 Marie Johnston, Jennifer Hollings and Marjorie Olson as Citizen Members to the Alexandria Beautification Commission. The voting was as follows:
Donley - Johnston, Hollings, Olson
Euille - Johnston, Hollings, Olson
Cleveland - Johnston, Hollings, Olson
Pepper - Johnston, Hollings, Olson
Rich - Hollings, Olson, Weitz
Speck - Johnston, Hollings, Olson
Walker - Johnston, Uhlenhake, Weitz
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22. Alexandria Community Services Board
The Sheriff's Designee
(The following person volunteered and was recommended for appointment to the above Board:)
NAME ENDORSED BY:
Mondre' Kornegay* James H. Dunning, Sheriff
*Residency Waiver Required
* * * * *
(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; 12/8/98, 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 appointed Mondre' Kornegay as the Sheriff's Designee to the Alexandria Community Services Board. The voting was as follows:
Donley - Kornegay
Euille - Kornegay
Cleveland - Kornegay
Pepper - Kornegay
Rich - Kornegay
Speck - Kornegay
Walker - Kornegay
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23. Alexandria Environmental Policy Commission
1 Citizen-at-Large
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
John Koch
Patti Rivera
Tara Zimnick
* * * * *
(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. 23; 12/8/98, 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 Patti Rivera as a Citizen-at-Large to the Alexandria Environmental Policy Commission. The voting was as follows:
Donley - Koch
Euille - Zimnick
Cleveland - Rivera
Pepper - Koch
Rich - Rivera
Speck - Rivera
Walker - Rivera
* * * * *
24. Historic Alexandria Resources Commission
1 Representative From the Alexandria Historical Society
(The following person volunteered and was recommended for appointment to the above Commission:)
NAME ENDORSED BY:
James Munson*
*Residency Waiver Required
* * * * *
(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; 12/8/98, 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 appointed James Munson as a Representative From the Alexandria Historical Society to the Historic Alexandria Resources Commission. The voting was as follows:
Donley - Munson
Euille - Munson
Cleveland - Munson
Pepper - Munson
Rich - Munson
Speck - Munson
Walker - Munson
* * * * *
25. Alexandria Potomac West Alliance Board of Directors
1 Member-at-Large Who Lives and/or Works in the
Potomac West Alliance Service Area
(The following persons volunteered for appointment to the above Board of Directors:)
NAME ENDORSED BY:
Joseph Cerquone Rob Krupicka, President
Del Ray Citizens Association
Eve Tapper
Judith Wolford
* * * * *
(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; 12/8/98, 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 Joseph Cerquone as a Member-at-Large Who Lives and/or Works in the Potomac West Alliance Service Area to the Alexandria Potomac West Alliance Board of Directors. The voting was as follows:
Donley - Cerquone
Euille - Cerquone
Cleveland - Cerquone
Pepper - Cerquone
Rich - Cerquone
Speck - Cerquone
Walker - Tapper
* * * * *
26. Alexandria Urban Design Advisory Committee
1 Representative of the Old Town North
Business Community
(The following person volunteered for appointment to the above Committee:)
NAME ENDORSED BY:
Bruce Machanic*
*Residency Waiver Required
* * * * *
(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; 12/8/98, 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 appointed Bruce Machanic as a Representative of the Old Town North Business Community to the Alexandria Urban Design Advisory Committee. The voting was as follows:
Donley - Machanic
Euille - Machanic
Cleveland - Machanic
Pepper - Machanic
Rich - Machanic
Speck - Machanic
Walker - Machanic
* * * * *
EXECUTIVE SESSION
27. Consideration of Convening of an Executive Session to Consult with Legal Counsel Pertaining to Actual and Pending Litigation that Involves the City of Alexandria, Pursuant to Virginia Code § 2.1-344(A)(7).
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, at 9:35 p.m., City Council convened an executive session at this time for the purpose of consulting with legal counsel and receiving a briefing by staff members, consultants or attorneys pertaining to actual litigation, pursuant to Virginia Code § 2.1-344(A)(7), specifically City of Alexandria v. Slater et al., a case pending in the US District Court for the District of Columbia. The voting was as follows:
Speck "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
THEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 4-to-0, at 11:25 p.m., City Council reconvened the meeting. The voting was as follows:
Speck "aye" Euille "aye"
Cleveland "aye" Pepper out of room
Donley out of room Rich out of room
Walker "aye"
WHERUEPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council adopted the resolution pertaining to the executive session. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich out of room
The resolution reads as follows:
RESOLUTION NO. 1903
WHEREAS, on this 8th day of December 1998, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 11:30 p.m., the Regular Meeting of Tuesday, December 8, 1998, was adjourned. The voting was as follows:
Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich out of room
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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Public Notice
The Alexandria Call to Community will hold a forum on Tuesday, December 1, 1998 at 7:00 p.m. at Francis C. Hammond Middle School, 4646 Seminary Road, Alexandria, Virginia.
It is anticipated that more than two Council Members will be in attendance.
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Public Notice
The Commission on the Condition and Future of Virginia's Cities is holding a Meeting on Wednesday, December 2, 1998, at 1:00 p.m. at the George Washington National Masonic Memorial, 101 Callahan Drive, Alexandria, Virginia.
It is anticipated that more than two Members of Council will be attending this meeting.