Regular Meeting
Tuesday, April 13, 1999 - - 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; Mrs. Godwin, Director of Management and Budget; Ms. Steele, Deputy City Manager; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Neckel, Director of Finance; Ms. Boyd, Director of Citizen Assistance; Legislative Director Caton; Mr. Sudduth, Director of Personnel Services; Ms. Gattsek, Director of the Office on Women; Ms. Plemmer, Assistant City Manager; Ms. Davis, Director of Housing; Ms. Whitmore, Director of Parks, Recreation and Cultural Activities; Mr. Jinks, Director of Financial and Information Technology Services; Ms. O'Regan, Director of Human Services; Fire Chief Hawkins; Police Chief Samarra; and Lieutenant Butler, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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City Council attended the Youth Council Reception and Installation of Officers at 6:30 p.m. in Room 2000.
OPENING
The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend John Fair, Associate Pastor, Fairlington United Methodist Church.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council approved the Minutes of (a) the Special Meeting of March 16, 1999; and (b) the Regular Meeting of March 23, 1999, as submitted. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "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 April 5, 1999, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/13/99, 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 the Week of April 18-24, 1999, as Infant Immunization Week in the City of Alexandria. (Mayor Donley and Councilman Speck)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/13/99, and is incorporated herewith as part of this record by reference.)
Councilman Speck presented the proclamation.
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
6. Presentation of Proclamation Declaring the Week of April 18 through April 24, 1999, as Volunteer Week in the City of Alexandria.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/13/99, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper presented the proclamation.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
7. Presentation of Proclamation in Honor of the Days of Remembrance of the Holocaust Ceremony.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/13/99, and is incorporated herewith as part of this record by reference.)
Council Member Walker presented the proclamation.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
8. Presentation of Proclamation Honoring the Youth Policy Commission and Kicking-off the YouthMapping Project. (Mayor Donley and Vice Mayor Euille)
(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. 8; 4/13/99, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
Councilman Speck introduced Dr. Thomas Sullivan and Joanna Regan, Trustees of the Robert S. Rixie Foundation. Councilman Speck presented a $10,000 check, on behalf of the Trustees of the Robert S. Rixie Foundation, in support of the YouthMapping Project. Councilman Speck is also a Trustee.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
At this point, City Council considered docket item no. 39.
39. Presentation of Proclamation Proclaiming April 1999, as Fair Housing Month in the City of Alexandria.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 4/13/99, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland presented the proclamation.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Euille "aye"
Rich "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (9 - 16) (20-25)
Without Objection, City Council removed docket item no. 24 from the Consent Calendar and considered it under a separate motion.
9. Receipt of Resignations from Boards, Commissions and Committees:
(a) Alexandria Commission for the Arts
Jill Wiley
(b) Alexandria Fair Share Task Force
Loyd LaMois
(A copy of each of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 9 (a-b); 4/13/99, and is incorporated herewith as part of this record by reference.)
10. Uncontested Appointments to Boards, Commissions and Committees:
(a) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by the Historic Alexandria Resources Commission
1 Member Designated by the Alexandria Chamber of Commerce
1 Member Designated by the Alexandria Library Board
1 Member Designated by the American Legion
1 Senior Citizen Member
(b) Alexandria Commission on Aging
1 Citizen Member
(c) Alexandria Commission on Persons With Disabilities
1 Citizen Member
(d) Alexandria Community Services Board
1 Licensed Physician
(e) Historic Alexandria Resources Commission
1 Representative of the Business Community
(f) Alexandria Potomac West Alliance Board of Directors
2 Members-at-Large Who Live and/or Work in the Potomac West Alliance Service Area
1 Commercial Property Owner
(g) Alexandria Task Force on AIDS
1 Representative From the Whitman-Walker Clinic
(h) Alexandria Waterfront Committee
1 Representative From the Alexandria Park and Recreation 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. (a-h); 4/13/99, and is incorporated herewith as part of this record by reference.)
11. Consideration and Approval of a Federal Grant Application for Funding to Expand the Domestic Violence and Intervention Project.
(A copy of the City Manager's memorandum dated March 23, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/13/99, and is incorporated herewith as part of this record by reference.)
12. Consideration and Approval of a Grant Renewal Application under the State of Virginia, Division of Motor Vehicles (DMV), Aggressive Driving Interdiction Program.
(A copy of the City Manager's memorandum dated March 17, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/13/99, and is incorporated herewith as part of this record by reference.)
13. Consideration of a Grant Application to the Department of Criminal Justice Services to Implement a Community Corrections Program under the Comprehensive Community Corrections Act and the Pretrial Services Act.
(A copy of the City Manager's memorandum dated March 25, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/13/99, and is incorporated herewith as part of this record by reference.)
14. Consideration of a Grant Application to the Virginia Department of Health for the Office on Women's Sexual Assault Response and Awareness Program for FY 2000.
(A copy of the City Manager's memorandum dated March 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/13/99, and is incorporated herewith as part of this record by reference.)
15. Consideration of a Grant Award from the Virginia Department of Social Services for Employment Training Services for Welfare-To-Work Clients.
(A copy of the City Manager's memorandum dated March 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/13/99, and is incorporated herewith as part of this record by reference.)
16. Consideration of Request to Vacate a Position on the Alexandria Commission for the Arts.
(A copy of the City Manager's memorandum dated March 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/13/99, and is incorporated herewith as part of this record by reference.)
20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE soliciting bids to lease from the City, for a term up to 40 years, 2.9202 acres of City property located immediately to the north of the waste-to-energy facility at 5301 Eisenhower Avenue which shall be used in conjunction with and to facilitate operations at the facility.
(A copy of the City Attorney's memorandum dated April 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/13/99, 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. 20; 4/13/99, 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. 3 of Item No. 20; 4/13/99, and is incorporated herewith as part of this record by reference.)
21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to extend for one year, until May 1, 2000, the City's franchise to Bell Atlantic, which authorizes facilities of Bell Atlantic to occupy public rights-of-way within the City.
(A copy of the City Attorney's memorandum dated April 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/13/99, 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. 21; 4/13/99, 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. 3 of Item No. 21; 4/13/99, and is incorporated herewith as part of this record by reference.)
22. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Zoning Ordinance to revise the regulations pertaining to a change in ownership of entities to which a special use permit has been issued.
(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. 22; 4/13/99, 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. 22; 4/13/99, and is incorporated herewith as part of this record by reference.)
23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Zoning Ordinance to revise the definition of "rooming house" and the regulations pertaining to such houses.
(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. 23; 4/13/99, 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. 23; 4/13/99, and is incorporated herewith as part of this record by reference.)
25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize an encroachment into the public right-of-way at 1600 Prince Street for an awning.
(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. 25; 4/13/99, 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. 25; 4/13/99, 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. 24, which was considered under separate motion. The City Manager's recommendations are as follows:
9. City Council received the following resignations with regret: (a) Jill Wiley from the Alexandria Commission for the Arts; and (b) Loyd LaMois from the Alexandria Fair Share Task Force; 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) reappointed Philip C. Brooks, Jr. as a Member Designated by the Historic Alexandria Resources Commission; Katherine Hoffman as a Member Designated by the Alexandria Chamber of Commerce; William Francis Smith as a Member Designated by the Alexandria Library Board; Kim Ching as a Member Designated by the American Legion and Richard Wyler as a Senior Citizen Member to the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) reappointed Eric Berenbaum as a Citizen Member to the Alexandria Commission on Aging; (c) appointed Maura Rozell as a Citizen Member to the Alexandria Commission on Persons With Disabilities; (d) appointed Dale Cloyd as a Licensed Physician to the Alexandria Community Services Board; (e) reappointed Florence King as a Representative of the Business Community to the Historic Alexandria Resources Commission; (f) reappointed Patricia A. Miller and appointed Wilma Probst as Members-at-Large Who Live and/or Work in the Potomac West Alliance Service Area; and reappointed Bernard Fagelson as a Commercial Property Owner to the Alexandria Potomac West Alliance Board of Directors; (g) appointed Nancy Turner Thompson as a Representative from the Whitman-Walker Clinic to the Alexandria Task Force on AIDS; and (h) reappointed Kenneth Foran as a Representative From the Alexandria Park and Recreation Commission to the Alexandria Waterfront Committee.
11. City Council (1) approved the grant application to the U.S. Department of Justice for a total of $489,795, which requires no local matching funds; (2) approved the addition of three police officers, two civilian employees, and the necessary equipment, training and travel to implement the program under the oversight of the Police Department's existing Domestic Violence Unit. This authorization would be for an 18-month period from the time of grant approval; and (3) authorized the City Manager to execute all necessary documents.
12. City Council (1) approved the submission of the grant application to the Department of Motor Vehicles for funding, in the amount of $14,080, which would provide overtime funds to the Police Department to conduct DWI checkpoints and operate an aggressive driving interdiction program in the City; and (2) authorized the City Manager to execute all necessary documents that may be required.
13. City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Criminal Justice Services (DCJS) for funding in the amount of $132,787 under the Comprehensive Community Corrections Act (CCCA). Due to the short turnaround time provided by DCJS, the grant application was forwarded to DCJS in accordance with the March 26 deadline, contingent upon City Council's approval at its April 13 legislative session; (2) approved the continuation of the two full-time grant-funded positions previously funded under the grant. These grant-funded positions would terminate upon the expiration of the grant and the individuals filling these positions have been notified of this condition of employment and signed the agreement of understanding with regard to this condition; and (3) execute all documents that may be required.
14. City Council approved this request and (1) approved the submission of the grant application to the Virginia Department of Health for funding in the amount of $48,721 for continued funding of the Sexual Assault Prevention and Education Project; (2) approved the continuation of one full-time grant-funded Outreach Prevention Specialist position; and (3) authorized the City Manager to execute all documents that may be required. Approval of this request will result in continuation of funding for one full-time Outreach Prevention Specialist for the Office on Women's Sexual Assault Response and Awareness (SARA) Program's Sexual Assault Prevention and Education Project. At this time, this position is funded through two grants from the Virginia Department of Health. This application consolidates funding for this position to one grant due to a change in the administration of funds on the state level. The Outreach Prevention Specialist position will continue to be supervised by the Coordinator of the Sexual Assault Response and Awareness Program. This grant-funded position would terminate upon the expiration of the grant and the individual who fills this position would be notified of this condition of employment at the time that they are hired.
15. City Council (1) approved receipt of a grant award in the amount of $186,464 for employment training services for hard-to-employ welfare clients; and (2) approved the establishment of three full-time grant-funded positions to manage a hard-to-employ welfare caseload using a team approach. The persons in these grant-funded positions will provide the services outlined in the grant through the Office of Employment Training and the Alexandria WorksI Teams in the JobLink Division of the Department of Human Services. These positions will be terminated upon expiration of the grant and any person filling these positions will be notified of this condition of employment; and (3) authorized the City Manager to execute all documents that may be required.
16. City Council declared as vacant one of the positions for members who have experience in the arts on the Alexandria Commission for the Arts and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.
20. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 17, 1999.
21. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 17, 1999.
22. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 17, 1999.
23. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 17, 1999.
25. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 17, 1999.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Zoning Ordinance to allow day labor agencies to operate within the City only with a special use permit, and to require the abatement of existing day labor agencies.
(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. 24; 4/13/99, 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. 24; 4/13/99, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille requested a status report with respect to staff's meeting with the representatives of the day labor agencies that are within the City.
Planning and Zoning Director Lynn responded to his query.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, April 17, 1999. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
17. Discussion of Creating a Film Production Task Force. (Councilman Speck)
Councilman Speck spoke to three issues that he asked the City Manager to consider with respect to this item as follows: (1) to bring together whatever group she feels appropriate, in conjunction with the Mayor, the appropriate people to do a debriefing of our most recent experiences, what it cost us, some analysis of what if any benefits are brought to us as just a part of a review of this activity; (2) do some analysis and review of whether it appears that this has benefits for us other than it's kind of fun to have a movie being made on our streets, but whether there are some measurable values and benefits that we can look at, and that could extend to television production as well since it is sort of a related activity; and (3) if it appears that there are benefits that are measurable and useful to the City, to what extent do we want to develop more of an effort to solicit them.
18. Consideration of Acceptance of a Gift of a Statue of a Ship Builder. (Mayor Donley)
(A copy of the City Manager's memorandum dated April 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/13/99, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 18; 4/13/99, and is incorporated herewith as part of this record by reference.)
There was considerable dialogue on this item. The Members of City Council, Representative of Celebrating the 250th Corinne Winburn, Sculptor Michael Curtis, Arts Commission Member Margene Berry, Margretta Danshaw, and City Manager Lawson participated in the discussion.
Ms. Winburn stated that the group has made a pledge that no monies from the City will be needed. The project was conceived as a philanthropic project and the group will continue to raise the money so that the project can happen.
WHEREUPON, a motion was made by Vice Mayor Euille, seconded by Council Member Rich that City Council (1) receive the report of the Commission for the Arts; and (2) refer this docket memorandum and the Commission for the Arts' report to the Park and Recreation Commission and the Waterfront Committee for their review and comments on specific issues raised by the Commission for the Arts and their recommendations with regard to the statue. The sculptor and the proponents of the statue titled Ship Builder should also be present at the meetings to address the comments of the Commission for the Arts.
Council Member Rich offered a friendly amendment as follows: that Council indicate its general desire to accept this gift subject to the answering of a number of details pertaining to siting, location and further input by the Arts Commission at the Park and Recreation Commission and Waterfront Committee level as to potentially some changes to the statue that would make it more acceptable; which amendment was acceptable to the maker.
WHEREUPON, Council returned to the main motion now amended to read as follows: Upon motion by Vice Mayor Euille, seconded by Council Member Rich and carried on a vote of 5-1-1, City Council (1) received the report of the Commission for the Arts; and (2) referred this docket memorandum and the Commission for the Arts' report to the Park and Recreation Commission and the Waterfront Committee for their review and comments on specific issues raised by the Commission for the Arts and their recommendations with regard to the statue. The sculptor and the proponents of the statue titled Ship Builder should also be present at the meetings to address the comments of the Commission for the Arts; and Council indicated its general desire to accept this gift subject to the answering of a number of details pertaining to siting, location and further input by the Arts Commission at the Park and Recreation Commission and Waterfront Committee level as to potentially some changes to the statue that would make it more acceptable. The voting was as follows:
Euille "aye" Cleveland "aye"
Rich "aye" Pepper "abstain"
Donley "aye" Speck "aye"
Walker "no"
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Councilman Speck stated for clarification that the purpose of this motion is to indicate our intent or desire to accept this gift, to ask the Park and Recreation Commission and the Waterfront Committee to give us advice on matters of siting, location, and utilization, and to ask the Arts Commission to provide any recommendations for modifications that it would suggest that would make this statue more acceptable from its perspective.
City Manager Lawson stated that staff would incorporate the comments of three commissions, the Waterfront Committee, the Park and Recreation Commission and the Arts Commission, and that all of the questions she detailed in the docket memorandum that need answers that the Arts Commission believes would have to be answered before it comes back to Council to flesh out the details, and that this is general acceptance of the statue.
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19. Consideration of a Memorandum from the City Attorney Regarding the Recodification of the City Code.
(A copy of the City Attorney's memorandum dated April 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/13/99, 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 vote of 5-to-0, City Council approved the recodification of the City Code project as well as the process outlined in the City Attorney's memorandum dated April 7, 1999. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich out of room
Speck out of room
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilwoman Pepper briefed Council on the Y2K Contingency Planning and Business Continuity Forum she attended on March 26, 1999.
(b) Councilwoman Pepper spoke to the recent ribbon cutting ceremony for Carpenter's Shelter. She thanked all those who made it happen.
(c) Mayor Donley announced the upcoming Titan Expo, T.C. Williams' Spring Fair, to benefit the Scholarship Fund of Alexandria. It will be held on April 25, 1999, from Noon to 5 p.m., at Chinquapin Park, 3330 King Street.
(d) Mayor Donley proudly announced that Alexandria has once again been designated a Tree City USA by the National Arbor Day Foundation for the year 1998.
(e) Council Member Rich asked questions of Transportation and Environmental Services Director O'Kane about a recent memorandum concerning the improper connections to the City's sanitary sewers. He asked that Mr. O'Kane keep Council updated on this issue and add it to the agenda for City Council's retreat to be held in the fall.
ORDINANCES AND RESOLUTIONS (continued)
26. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement No. 55 to The Code of the City of Alexandria, 1981, as amended, and to provide for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes. [ROLL-CALL VOTE]
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council introduced and passed the ordinance on First and Second Readings. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 4036
AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 55," are hereby adopted as and shall constitute "The Fifty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981."
Section 2. That the sections and portions thereof set forth in "The Fifty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981" shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between June 25, 1998, and February 23, 1999, inclusive, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended, are hereby repealed, except as otherwise provided in section 3 of this ordinance.
Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance adopted after June 25, 1998, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between June 25, 1998, and February 23, 1999, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Fifty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
Section 4. That one complete set of pages comprising "The Fifty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: April 13, 1999
First Reading: April 13, 1999
Second Reading: April 13, 1999
Final Passage: April 13, 1999
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27. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement No. 18 to the City of Alexandria Zoning Ordinance, and to provide for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes. [ROLL-CALL VOTE]
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council introduced and passed the ordinance on First and Second Readings. The voting was as follows:
Cleveland "aye" Pepper "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 4037
AN ORDINANCE adopting supplemental pages for the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended ("Zoning Ordinance"), and the portions thereof, set forth in the supplemental and replacement pages for the Zoning Ordinance, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 18," are hereby adopted as and shall constitute "The Eighteenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992."
Section 2. That the sections of the Zoning Ordinance, and the portions thereof, set forth in "The Eighteenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be in force and effect on and after the effective date of this ordinance, and all ordinances amending the text of the Zoning Ordinance which were adopted between May 17, 1998, and December 12, 1998, inclusive, and which are not included in such supplement or in the Zoning Ordinance are hereby repealed, except as otherwise provided in section 3 of this ordinance.
Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any provision of any ordinance amending the Zoning Ordinance which was adopted between May 17, 1998, and December 12, 1998, inclusive, and which is inadvertently omitted from or erroneously incorporated into "The Eighteenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992"; nor shall it affect any ordinance adopted after December 12, 1998.
Section 4. That one complete set of pages comprising "The Eighteenth Supplement to the Zoning Ordinance of the City of Alexandria, Virginia, 1992," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the pages comprising such supplement shall be properly inserted into the copy of the Zoning Ordinance of the City of Alexandria, Virginia, 1992, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: April 13, 1999
First Reading: April 13, 1999
Second Reading: April 13, 1999
Final Passage: April 13, 1999
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OTHER
28. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated April 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 4/13/99, and is incorporated herewith as part of this record by reference.)
General Discussion.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried unanimously, City Council (1) noted that the Thursday, April 22 Budget Work Session will be the joint work session with the School Board at Minnie Howard Ninth Grade Center Library at 7:30 p.m.; (2) did not schedule a work session to hear a presentation on open space by landscape architect Elliot Rhodeside, instead Council Member Walker suggested that we invite Mr. Rhodeside to participate in a discussion of this as part of the City Council retreat in the fall [Council was invited to attend the April 19 brown bag lunch at noon in the Council Workroom.]; (3) added to the Council Calendar the 1999 City Council Reception to honor Members of Council-appointed Boards and Commissions on Thursday, September 16 from 6:30 p.m. to 8:30 p.m. at the Torpedo Factory Art Center; and (4) scheduled a joint work session with the Planning Commission at 6:00 p.m. before the Tuesday, September 28 Council legislative meeting. The voting was as follows:
Walker "aye" Euille "aye"
Speck "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"
CONTESTED APPOINTMENTS
29. Ad Hoc Alexandra Year 2000 Census Complete Count Committee
1 Member Nominated by Hopkins House
(The following person volunteered and was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Jaime Knowles* J. Glenn Hopkins, Executive Director
Hopkins House
*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. 29; 4/13/99, 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 Jaime Knowles as a Member Nominated by Hopkins House to the Ad Hoc Alexandria Year 2000 Census Complete Count Committee. The voting was as follows:
Donley - Knowles
Euille - Knowles
Cleveland - Knowles
Pepper - Knowles
Rich - Knowles
Speck - Knowles
Walker - Knowles
30. Ad Hoc City of Alexandria 250th Anniversary Commission
3 Citizen Members
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Althea Burns
Patrick Butler*
Duncan MacDonald
Michael Oliver*
Elsie Thomas*
*Incumbent* * * * *
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 30; 4/13/99, 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 Patrick Butler, Michael Oliver and Elsie Thomas as Citizen Members to the Ad Hoc City of Alexandria 250th Anniversary Commission. The voting was as follows:
Donley - Butler, Oliver, Thomas
Euille - Butler, Oliver, Thomas
Cleveland - Butler, Oliver, Thomas
Pepper - Butler, Oliver, Thomas
Rich - Butler, Oliver, Thomas
Speck - Butler, Oliver, Thomas
Walker - Butler, Oliver, Thomas
* * * * *
31. Alexandria Affordable Housing Advisory Committee
1 Real Estate Professional
(The following persons volunteered for appointment to the above Committee:)
NAME ENDORSED BY:
Michael Caison
Betty Gillespie
* * * * *
(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. 31; 4/13/99, 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 Michael Caison as a Real Estate Professional to the Alexandria Affordable Housing Advisory Committee. The voting was as follows:
Donley - Caison
Euille - Caison
Cleveland - Caison
Pepper - Caison
Rich - Caison
Speck - Caison
Walker - Caison
* * * * *
32. Alexandria Commission for the Arts
1 Member Who Represents Arts Education or Business Expertise Relative to Arts and Cultural Development
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Margretta Danshaw Margene S. Berry
Christine Haggerty
* * * * *
(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. 32; 4/13/99, 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 Christine Haggerty as a Member Who Represents Arts Education or Business Expertise Relative to Arts and Cultural Development to the Alexandria Commission for the Arts. The voting was as follows:
Donley - Haggerty
Euille - Haggerty
Cleveland - Haggerty
Pepper - Haggerty
Rich - Haggerty
Speck - Haggerty
Walker - Danshaw
* * * * *
33. Alexandria Commission on Aging
1 Representative of a Health Care Provider Organization
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Deborah Tatum Raymond Johnson
Susan Wick* Inova Alexandria Hospital
*Incumbent
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 33; 4/13/99, 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 reappointed Susan Wick as a Representative of a Health Care Provider Organization to the Alexandria Commission on Aging. The voting was as follows:
Donley - Wick
Euille - Tatum
Cleveland - Tatum
Pepper - Wick
Rich - Wick
Speck - Wick
Walker - Wick
* * * * *
34. Alexandria Commission on Employment
1 Representative of the Virginia Employment Commission
(The following person volunteered and was recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Shelby Robinson* Thomas J. Towberman
(Residency Waiver Required) Commissioner, Virginia Employment
Commission
*Incumbent
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 34; 4/13/99, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Shelby Robinson as a Representative of the Virginia Employment Commission to the Alexandria Commission on Employment. The voting was as follows:
Donley - Robinson
Euille - Robinson
Cleveland - Robinson
Pepper - Robinson
Rich - Robinson
Speck - Robinson
Walker - Robinson
* * * * *
35. Alexandria Convention and Visitors Association Board of Governors
1 Attraction Representative
1 Historic/Preservation Representative
2 Hotel Owner/Manager Representatives
(The following persons volunteered for appointment to the above Board of Governors:)
NAME ENDORSED BY:
1 Attraction Representative
Charlene Duryea*
(Residency Waiver Required)
1 Historic/Preservation Representative
Sarah Becker*
Brian O'Connell
2 Hotel Owner/Manager Representatives
Peter Greenberg*
(Residency Waiver Required)
Catherine Herold-Callard*
(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. 35; 4/13/99, 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 reappointed Charlene Duryea as an Attraction Representative, reappointed Sarah Becker as an Historic/Preservation Representative, and waived the residency requirements and reappointed Peter Greenberg and Catherine Herold-Callard as 2 Hotel Owner/Manager Representatives to the Alexandria Convention and Visitors Association Board of Governors. The voting was as follows:
Donley - Duryea, Becker, Greenberg, Herold-Callard
Euille - Duryea, Becker, Greenberg, Herold-Callard
Cleveland - Duryea, Becker, Greenberg, Herold-Callard
Pepper - Duryea, Becker, Greenberg, Herold-Callard
Rich - Duryea, Becker, Greenberg, Herold-Callard
Speck - Duryea, Becker, Greenberg, Herold-Callard
Walker - Duryea, Becker, Greenberg, Herold-Callard
* * * * *
36. Alexandria Emergency Medical Services Council
1 Citizen Member
(The following persons volunteered for appointment to the above Council:)
NAME ENDORSED BY:
Benjamin Harris
Scot Phelps
* * * * *
(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. 36; 4/13/99, 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 Scot Phelps as a Citizen Member to the Alexandria Emergency Medical Services Council. The voting was as follows:
Donley - Phelps
Euille - Phelps
Cleveland - Harris
Pepper - Phelps
Rich - Phelps
Speck - Phelps
Walker - Harris
* * * * *
37. Alexandria Park and Recreation Commission
1 Member From Planning District III
(The following persons volunteered or were recommended for appointment to the above Commission:)
NAME ENDORSED BY:
Ellen Murray* Judy R. Guse-Noritake, Chair
Alexandria Park and Recreation
Commission
Bruce Dwyer
Kirk S. Fedder
Alyson Thomas
*Incumbent
* * * * *
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 37; 4/13/99, 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 reappointed Ellen Murray as a Member from Planning District III to the Alexandria Park and Recreation Commission. The voting was as follows:
Donley - Murray
Euille - Murray
Cleveland - Murray
Pepper - Murray
Rich - Murray
Speck - Murray
Walker - Murray
* * * * *
EXECUTIVE SESSION
38. Consideration of Convening of an Executive Session to Consult with Legal Counsel Pertaining to 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 Council Member Walker and carried on a vote of 6-to-0, at 10:00 p.m., City Council convened an executive session at this time for the purpose of: consulting with legal counsel pertaining to the following litigation involving the City, pursuant to Virginia Code § 2.1-344(A)(7): Jefferson Memorial Hospital, et al. v. City of Alexandria, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the City's real estate assessment of the Jefferson Memorial Hospital, which is located at 4600 King Street, for tax years 1995 through 1998. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich out of room
THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 6-to-0, at 10:10 p.m., City Council reconvened the meeting. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich out of room
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council authorized the City Attorney to settle the suit identified in the motion to convene this evening's executive session in accordance with the terms and conditions recommended by the City Attorney in the executive session. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich out of room
THEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, 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 "aye"
The resolution reads as follows:
RESOLUTION NO. 1914
WHEREAS, on this 13th day of April 1999, 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.
* * * * *
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, at 10:15 p.m., the Regular Meeting of Tuesday, April 13, 1999, was adjourned. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
* * * * *
APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
______________________________________________
Beverly I. Jett, CMC City Clerk
The Meeting was adjourned at 10:15 p.m.
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
There was a City Council Work Session on the Proposed Budget on Monday, April 12, 1999, at 7:30 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.
Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session 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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