Regular Meeting
Tuesday, September 22, 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, Acting Director of General Services; Mr. Neckel, Director of Finance; Ms. O'Regan, Director of Human Services; Mr. Simmons and Ms. Barnett, Deputy Directors of Recreation, Parks and Cultural Activities; Ms Davis, Director of Housing; Ms. Federico, Director of Historic Alexandria; Mr. Sudduth, Director of Personnel Services; Ms. Gattsek, Director of Office on Women; Fire Chief Hawkins; Mr. Caton, Legislative Director; Mr. Rosenbaum of Planning and Zoning; Ms. Beidler, Registrar of Voters; Commonwealth's Attorney Sengel; Ms. Boyd, Director of Citizen Assistance; Mr. Eiffert, Director of Agency on Aging; Ms. Dunn, Coordinator of Domestic Violence Program, Office on Women; Officer Santiago, Domestic Violence Unit, and Lieutenant Butler, Police Department.
Recorded by: Ms. Susan K. Seagroves, Deputy City Clerk and Clerk of Council.
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City Council interviewed applicants for the vacancy on the Alexandria Redevelopment and Housing Authority Board of Commissioners at 5:15 p.m. in the Council Workroom.
(The interview schedule and Personal Data Forms for the three applicants are on file in the office of the City Clerk and are incorporated herewith as part of the record.)
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There was a City Council Work Session at 6:00 p.m. in the Council Workroom to discuss the Three-Year (FY 1999-2001) Marketing Plan for the City. The agenda was followed.
Mayor Donley and Councilman Speck made opening remarks. Executive Director of the Alexandria Economic Development Partnership Riley presented AEDP's three-year marketing plan and explained AEDP's mission and major goals. Members of Council directed questions to Ms. Riley, and Council, City Manager Lawson and staff participated in a discussion regarding the survival of Landmark Mall. Mayor Donley suggested in the short-term that Ms. Riley schedule a meeting for them with Landmark Mall managers.
Executive Director of the Alexandria Convention and Visitors Association Mitchell presented ACVA's three-year marketing plan, responded to questions and participated in a discussion with Members of City Council and City Manager Lawson. It was noted that the movie production has brought positive attention to the City.
Councilman Speck presented recommendations from the ACVA Funding Task Force for funding of ACVA by a special revenue fund. The Mayor will appoint a small working committee to look at the details and requested that the task force proposal be submitted to Council, the City Manager and ACVA for review. The Mayor suggested that ACVA move forward quickly. Members of City Council, ACVA Board Member Greenberg, and the City Manager participated in a discussion of the funding proposal. Staff will work with ACVA on this.
The work session was concluded at approximately 7:30 p.m.
(The agenda and material pertaining to this work session are on file in the office of the City Clerk and are incorporated herewith as part of the record.)
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OPENING
The meeting was called to Order by Mayor Donley, and the Deputy City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend Columbus Watson, Pastor of Beulah Baptist Church.
New Business Item No. 1. WITHOUT OBJECTION, Phil Brooks and Pat Butler of the 250th Anniversary Celebration Commission addressed the Council and presented t-shirts celebrating the 250th Anniversary which will be sold for $12 at various locations throughout the City. It was noted that the commemorative license plate design has been approved, and Council encouraged citizens to purchase them as part of this promotion--450 people have signed up so far.
3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes of (a) the Regular Meeting of September 8, 1998, as submitted. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the report of the City Clerk. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
5. Presentation of Proclamation Honoring the Alexandria Branch of the National Association for the Advancement of Colored People (NAACP) on Its Sixty-Fifth Anniversary and Declaring the Week of October 11, 1998 as NAACP Week in the City of Alexandria. (Mayor Donley)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/22/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley presented the proclamation.
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"
6. Presentation of Proclamation Honoring Mr. Carlton A. Funn, Sr. on Being Selected the 1998 Mid-Atlantic Region Recipient of the National Council of Negro Women, Inc.'s Excellence in Teaching Award. (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. 6; 9/22/98, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Euille, seconded 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"
7. Presentation of Proclamation Establishing Saturday, October 3, 1998, as "Read To Me Alexandria" Day in Alexandria Sponsored by the Education Association of Alexandria (EAA). (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. 7; 9/22/98, and is incorporated herewith as part of this record by reference.)
Vice Mayor Euille presented the proclamation.
WHEREUPON, upon motion by Vice Mayor Euille, seconded 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"
8. Presentation of Proclamation Recognizing the Month of October as National Arts and Humanities 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. 8; 9/22/98, 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"
Walker "aye"
9. Presentation of Proclamation Recognizing October as Domestic Violence and Sexual Assault Awareness Month in the City of Alexandria. (Councilwoman Pepper)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/22/98, and is incorporated herewith as part of this record by reference.
A copy of a bookmark distributed by Virginians Against Domestic Violence, Northern Virginia Chapter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 9/22/98, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper presented the proclamation.
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"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
CONSENT CALENDAR (10 - 17)
10. Receipt of Resignations from Boards, Commissions and Committees:
(a) Alexandria-Caen Exchange Committee
David Lapan
(b) Alexandria Task Force on AIDS
Brenda Trask
(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 No. 10(a-b); 9/22/98, and is incorporated herewith as part of this record by reference.)
11. Uncontested Appointments to Boards, Commissions and Committees:
(a) Ad Hoc City of Alexandria 250th Anniversary Commission
1 Member Designated by the Alexandria George Washington
Birthday Celebration Committee
(b) Alexandria Community Services Board
1 Consumer Member
(c) Alexandria Environmental Policy Commission
1 Member From the Field of Intergovernmental Relations
(d) Health Systems Agency of Northern Virginia Board of Directors
1 Health Care Provider Member
(e) Historic Alexandria Resources Commission
1 Member From Planning District I
(f) Alexandria Industrial Development Authority
2 Citizen Members
(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. 11(a-f); 9/22/98, and is incorporated herewith as part of this record by reference.)
13. Consideration of a Grant Application to the State Department of Criminal Justice Services for Community Oriented Justice - Multi-disciplinary Partnerships.
(A copy of the City Manager's memorandum dated September 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/22/98, and is incorporated herewith as part of this record by reference.)
14. Consideration of the Grant Application to the Virginia Department for the Aging for the Federal FY 1999 Area Plan for Aging Services.
(A copy of the City Manager's memorandum dated September 4, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/22/98, and is incorporated herewith as part of this record by reference.)
15. Consideration of a Grant Renewal Application for the Local Law Enforcement Block Grant Program, and Setting the Grant Application for Public Hearing on Saturday, October 17, 1998.
(A copy of the City Manager's memorandum dated September 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/22/98, and is incorporated herewith as part of this record by reference.)
16. Receipt of the Fiscal Year 1998 Annual Report of the Landlord-Tenant Relations Board.
(A copy of the City Manager's memorandum dated September 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/22/98, and is incorporated herewith as part of this record by reference.)
17. Consideration of Career Ladder Program for the Commonwealth's Attorney's Office.
(A copy of the City Manager's memorandum dated September 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/22/98, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented, with the exception of docket item no. 12 which was considered under separate motion. The City Manager's recommendations are as follows:
10. City Council received the following resignations with regret: (a) David Lapan from the Alexandria-Caen Exchange Committee, and (b) Brenda Trask from the Alexandria Task Force on AIDS; requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.
11. City Council (a) reappointed William Hendrickson as a Member Designated by the Alexandria George Washington Birthday Celebration Committee to the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) appointed Megan Contakes as a Consumer Member to the Alexandria Community Services Board; (c) appointed Douglas MacMillan as a Member from the Field of Intergovernmental Relations to the Alexandria Environmental Policy Commission; (d) appointed John Kling as a Health Care Provider Member to the Health Systems Agency of Northern Virginia Board of Directors; (e) appointed Kleber Masterson, Jr., as a Member from Planning District I to the Historic Alexandria Resources Commission; and (f) appointed Roger Machanic and Stephen Norwood as Citizen Members to the Alexandria Industrial Development Authority.
13. City Council (1) approved the submission of a grant application to the State Department of Criminal Justice Services for funding in the amount of $71,556, for computer programming to enhance the City's Criminal Justice Agencies' ability to capture, locate, display and share, digital mugshots of criminal suspects, inmates and defendants. Due to the short turnaround time provided by DCJS, the grant application was forwarded to DCJS in accordance with the August 17, 1998, deadline, contingent upon City Council's approval in September; and (2) authorized the City Manager to execute all documents that may be required.
14. City Council (1) approved the federal FY 1999 Area Plan for Aging Services grant application; (2) authorized the City Manager to: (a) submit the Area Plan application to the Virginia Department for the Aging for continuation funding for Alexandria Aging Services in the amount of $295,374 ($184,610 for federal Older Americans Act Title III funds; $4,000 for federal Health Care Financing Administration funds and $106,764 for additional State program funds); (b) execute all necessary documents; and (3) approved the continuation of one full-time and three part-time grant-funded positions which administer and operate the Older Americans Act programs and associated services. There are no funds available to continue these positions after the grant expires.
15. City Council (1) approved the submission of the grant application, in the amount of $195,215, of which 90 percent, or $175,694, will be federal funds, and 10 percent, or $19,521, will be provided from the FY 1999 Police Department operating budget for the local match; (2) set the grant application for public hearing on October 17, 1998, to receive comments on the grant, as required by the U.S. Department of Justice; and (3) following the public hearing, authorize the City Manager to execute any documents that may be required to receive the grant and release the grant funds to the City for expenditure.
16. City Council received the report.
17. City Council (1) approved the establishment of attorney and legal secretary career ladders in the Commonwealth's Attorney's Office as described in the City Manager's report effective October 1, 1998; and (2) authorized the Commonwealth's Attorney to initially place individuals on the career ladders on an internal promotional basis in accord with criteria he has developed.
END OF CONSENT CALENDAR
The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
12. Receipt of the Monthly Financial Report for the Period Ending August 31, 1998.
(A copy of the City Manager's memorandum dated September 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/22/98, and is incorporated herewith as part of this record by reference.
A copy of a draft partial verbatim transcript is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 9/22/98, and is incorporated herewith as part of this record by reference.)
Mayor Donley questioned Financial and Information Technology Services Director Gitajn about use of the City's fund balance to meet a shortfall such as that reported to date between revenues and expenditures, and they participated in a discussion. The Mayor illustrated how the fund balance works, outside of budget deliberations, to indicate that the City is not keeping too much fund balance: (1) It funds our operations; (2) It saves us money; and (3) It gives us the flexibility we need as a AAA bond-rated jurisdiction. He is hopeful that we are not having this discussion again during this spring's budget deliberations.
Councilman Cleveland thanked Financial and Information Technology Services Director Gitajn for providing a monthly annual report for the month of August for which he had asked.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council (1) received the Monthly Financial Report for the period ending August 31, 1998; and (2) authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Program Planned Expenditures Summary. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
18. Receipt of the City of Alexandria, Virginia 1998 Annual Report, and Setting It for Public Hearing. (#19 9/12/98)
(A copy of the City Manager's memorandum dated September 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/22/98, and is incorporated herewith as part of this record by reference.
A copy of the City of Alexandria, Virginia 1998 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 9/22/98, and is incorporated herewith as part of this record by reference.)
Councilman Speck questioned City Manager Lawson about the Annual Report's cost and distribution, and the Members of City Council participated in the discussion. The City Manager will respond to Council with answers to the questions raised.
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council received the City Manager's 1998 Annual Report and docketed the report for public hearing on Saturday, November 14. The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
19. Consideration of Proposal for an Alternative Scottish Christmas Walk Parade Route on Saturday, December 5, 1998.
(A copy of the City Manager's memorandum dated September 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/22/98, and is incorporated herewith as part of this record by reference.)
City Manager Lawson and staff responded to questions from Councilman Speck about the completion of renovations to Market Square garage and their impact on the Christmas Walk and the Christmas tree lighting. There is no guarantee that the work will be done by the first Saturday in December; the contract completion date is December 11, 1998. The Christmas tree lighting will be held at the Waterfront Park.
WITHOUT OBJECTION, Katherine Morrison, Executive Director of the Campagna Center, addressed Council Member Walker's concern about the effects on the success of the Christmas Walk by this change in the parade route. Considering the options, this parade route will help them the most because the crowds will be down on Wolfe Street by the Campagna Center where the heather and greens normally sold at Market Square will be sold.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the alternate parade route for the 1998 Scottish Christmas Walk Parade on Saturday, December 5, 1998. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Councilman Cleveland stated that the Scottish Christmas Walk on December 5 is not on the Council calendar.
(b) Councilman Cleveland had previously stated that he could not be here for the October 17 Council meeting because of a conference. He will not be going to the conference because of his fiduciary duties to the people of the City, and he will be here on October 17 for the public hearing.
(c) Councilwoman Pepper reported on the "We Marched Too" forum at the Alexandria Black History Resource Center which several Council Members attended, and a number of residents from our Black community, like Shirley Tyler, Eudora Lyles, Helen Miller, Ferdinand Day, Melvin Miller, Elsie Thomas, and others, were there. It was an outstanding forum. The forum was filmed by Jones Communications, and there will be one showing of this on October 2 at 5 p.m. on Channel 10.
(d) Councilwoman Pepper announced that City Council attended the groundbreaking ceremony at Carpenter's Shelter's new site. Randy Kell from the Winkler Company has been spearheading this project and has been able to get contributions of supplies and work at cost or free from a large list of people who have generously given. On behalf of all those who will be served at the shelter, they would want all these people to be thanked, particularly Randy Kell for his generous time and effort and commitment to this project.
(e) Mayor Donley announced that on Saturday, October 17, from 10 a.m. to 4 p.m. the First Alexandria Adoption Awareness Day will be held at Blessed Sacrament Community. This is a program being sponsored by a number of folks including the Alexandria United Way and the United Methodist Family Services to talk about the issues regarding adoption--private placement, international adoptions--and hopefully make good decisions about adoption.
(A copy of a brochure on Alexandria Adoption Awareness Day is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (e); 9/22/98, and is incorporated herewith as part of this record by reference.)
(f) Mayor Donley announced that this Saturday, September 26, in Washington, "The March" to fight cancer will occur beginning at Noon on the Mall. The honorary committee includes Vice President Gore, General Norman Swartzkopf, Rev. Jesse Jackson, Aretha Franklin, Michael Bolton, Crosby & Nash, and Cindy Crawford. Fliers regarding The March are available at the City Clerk's office, and there are key chains and buttons available as well.
(A copy of a flier The March Rally is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Oral (f); 9/22/98, and is incorporated herewith as part of this record by reference.)
(g) Mayor Donley reported that the City is receiving nominations for the Third Annual Technology Achievement Award. The Technology Achievement Week, which is a week designed to focus on Alexandria technology and our technology companies, is co-sponsored by the Chamber of Commerce, the City and the Economic Development Partnership. This award was the idea of our Ad Hoc Task Force on Information and Communication Technologies which was co-chaired by Councilwoman Pepper and Council Member Walker. Past winners have included UUCom and Jones Communications. This year's winner will be announced during Technology Week, March 8-12. Approximately 1600 letters are going to go out soliciting nominations. Deadlines for submitting nominations is October 30, and nomination forms are also available on the City's web site. Nominations can be mailed to Financial and Information Technology Services Director Gitajn at City Hall, 301 King Street, Alexandria, VA 22314; e-mailed to arthur.gitajn@ci.alexandria.va.us; or call 838-6420 with questions.
ORDINANCES AND RESOLUTIONS
20. Consideration of a Resolution approving the inducement resolution passed by the Industrial Development Authority of Arlington County authorizing the issuance of bonds to assist in the financing of the air pollution control retrofit of the Alexandria/Arlington waste-to-energy facility. [Roll-Call Vote]
(A copy of the memorandum of the City Manager and City Attorney dated September 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/22/98, and is incorporated herewith as part of this record by reference.)
City Attorney Sunderland explained this issue and participated in a discussion with City Council as did Director of Transportation and Environmental Services O'Kane, and Director of Financial and Information Technology Services Gitajn.
Councilwoman Pepper commended Director of Transportation and Environmental Services O'Kane for an excellent job in working with Ogden and the Eisenhower Partnership neighbors around the facility.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution which (1) affirms council's approval of the federally-required Retrofit of the Facility, (2) approves the inducement resolution passed by the Arlington IDA on September 10, 1998, in which the IDA authorized the issuance of up to $50 million in tax exempt bonds to assist in the financing of the Retrofit and other Facility improvements, and (3) authorizes the director of finance to conduct a public hearing on the issuance of such bonds, as required by federal law. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1891
A RESOLUTION concerning concurrence with the Inducement Resolution of the Industrial Development Authority of Arlington County, Virginia, authorizing the issuance of up to $50,000,000 in resource recovery revenue bonds for the purpose of acquiring and installing air pollution control equipment in, and making certain other improvements to, the waste-to-energy facility located in Alexandria, Virginia.
RECITALS
A. Inducement Resolution
1. The Industrial Development Authority of Arlington County, Virginia, a political subdivision of the Commonwealth of Virginia (“Arlington IDA”), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (“Act”), to issue its revenue bonds for the purpose of providing long-term financing for facilities used primarily for the benefit of the residents of Virginia, through the increase of commerce or the promotion of residents’ safety, health, welfare, convenience or prosperity, and to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth of Virginia (“Commonwealth”);
2. The Arlington IDA has received a request from the Arlington County Solid Waste Authority and the City of Alexandria, Virginia, Sanitation Authority (collectively, the “Authorities”) that the Arlington IDA issue its revenue bonds in an amount not to exceed $50,000,000 (the “Series 1998B Bonds”) to assist in financing the acquisition and installation of air pollution control equipment in and making certain other improvements to (“Project”) the waste-to-energy facility ("Existing Facility") located in the City of Alexandria, Virginia (“City”);
3. The Arlington IDA has adopted a resolution ("Inducement Resolution") authorizing issuance of the Series 1998B Bonds in an aggregate principal amount not to exceed $50,000,000; and
4. Section 15.2-4905 of the Act requires that the City concur with the Inducement Resolution and show such concurrence in a duly adopted resolution.
B. Existing Facility
1. The Existing Facility was constructed in 1984. It has a capacity to process approximately 975 tons per day of solid waste disposal generated within Arlington County (the "County") and the City (collectively, the “Jurisdictions”). The Existing Facility also converts such waste into steam or steam generated electricity.
2. The Existing Facility was constructed pursuant to a Facility Construction and Operation Agreement, dated as of December 1, 1984, among the Alexandria/Arlington Resource Recovery Corporation, the City, the Authorities and the Jurisdictions (“Facility Agreement”).
C. Ownership of Project
1. In order to obtain equity funding for the Existing Facility, Alexandria/Arlington Resource Recovery Corporation was acquired by Ogden Martin Systems, Inc. through a stock transfer, and its name was changed to Ogden Martin Systems of Alexandria/ Arlington, Inc. (the “Company”).
2. Pursuant to a Conditional Sale and Security Agreement, dated as of October 1, 1985, between the Authorities and the Company (“Conditional Sale Agreement”), the Authorities, among other things, transferred certain ownership interests in the Existing Facility to the Company, and the Company agreed to make payments with respect to bonds issued to finance the construction of the Existing Facility (the "1984 Bonds").
3. Although the Authorities have transferred certain ownership interests in the Existing Facility to the Company, in the case of the Project, the Authorities will own the Project and will lease it to the Company. The Existing Facility and the Project together will constitute the “Waste-to-Energy Facility.”
D. Refunding Bonds
1. On July 23, 1998, the Arlington IDA issued its Resource Recovery Refunding Revenue Bonds (Alexandria/Arlington Waste-to-Energy Facility) Series 1998A (the “Series 1998A Bonds”), in an aggregate principal amount of $55,025,000 to refund the 1984 Bonds. In connection with the issuance of the Series 1998A Bonds, the Arlington IDA approved and delivered an Indenture of Trust, dated as of July 1, 1998, by and between the Arlington IDA and Crestar Bank, as Trustee (the “Indenture”).
E. Project
1. The Existing Facility is currently equipped with air pollution control equipment that was designed to meet the federal emissions requirements which were in effect at the time the Existing Facility was designed and constructed in 1984.
2. Since the construction of the Existing Facility in 1984, new and more stringent emissions requirements have been promulgated under the Clean Air Act Emission Guidelines, 40 C.F.R. 60, Subpart Cb (the "Emission Guidelines"). Substantial equipment replacement, improvements and modifications must be made to the Existing Facility's air pollution equipment by December 19, 2000, in order for the Existing Facility to comply with the new Emission Guidelines.
3. The Authorities and Jurisdictions have determined that it is in the best interests of the residents within the City and County to construct the Project so that it is completed by December 19, 2000, and to finance the Project through the issuance by the Arlington IDA, pursuant to the Act, of its Series 1998B Bonds in an aggregate principal amount not to exceed $50,000,000.
4. The Authorities and Jurisdictions have further determined that it is most feasible to have the Project acquired, installed and constructed by the Company, to have the Project owned by the Authorities and Jurisdictions, and to have the Project leased to the Company as the operator of the Waste-to-Energy Facility.
5. The Indenture provides that Additional Bonds may be issued for purposes, among others, to pay the costs of any additions to or modifications of the Existing Facility or other components of the Solid Waste System that are necessary or desirable to enable the Jurisdictions and Authorities to comply with the Facility Agreement or Applicable Law (including, without limitation, any additions to or modifications of the Solid Waste System necessary to "retrofit" or otherwise improve the Existing Facility or the Solid Waste System in order to comply with the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, and any federal regulations related thereto), and to pay the costs of the acquisition, construction, improvement or operation of any portion of the Solid Waste System.
F. Public Hearing
1. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental entity having jurisdiction over the Arlington IDA as issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds following a public hearing for which notice has been given in accordance with such section.
2. The Arlington IDA held a public hearing on September 10, 1998 with respect to the Series 1998B Bonds and has recommended that the City and County approve the issuance of the Series 1998B Bonds. Copies of the resolution approving the issuance of the Series 1998B Bonds and a fiscal impact statement are to be filed with the city council and with the board of the County.
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
Section 1. That the following findings and determinations are hereby made:
(a) The Existing Facility furthers the purposes of the Act and promotes the safety, health, welfare, convenience and prosperity of the residents of the Jurisdictions and the Authorities by providing a long-term, environmentally sound method for disposal of municipal solid waste of the Jurisdictions. The Existing Facility is used by the Jurisdictions in order to provide an essential governmental service to the residents and businesses of the Jurisdictions, and is used by the Company in its business of providing solid waste disposal services.
(b) The issuance of the Series 1998B Bonds in order to finance the Project will allow the Authorities to continue to use the Waste-to-Energy Facility to promote the safety, health, welfare, convenience and prosperity of residents within the jurisdictions of the Authorities and the Jurisdictions by providing an essential governmental service and will allow the Waste-to-Energy Facility to operate in compliance with the Emission Guidelines.
(c) It is in the best interests of the residents of the City for the Arlington IDA to issue the Series 1998B Bonds.
Section 2. That the undertaking of the Project shall be, and hereby is, approved and affirmed.
Section 3. That the Inducement Resolution passed by the Arlington IDA on September 10, 1998, shall be, and hereby is, approved and affirmed in all respects, it being the intent of the city council that the concurrence required by Section 15.2-4905 of the Act is hereby fully given.
Section 4. That the city manager or her designee shall be, and hereby is, authorized to conduct a public hearing in connection with the Series 1998B Bonds, to execute and deliver any reports in connection with the public hearing and, if required by law, to file such reports with city council for its approval.
Section 5. That this Resolution shall take effect immediately upon its adoption.
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21. Consideration of Resolution Establishing a Year 2000 Census Complete Count Committee to Promote Public Participation in the Year 2000 Census. [Roll-Call Vote]
(A copy of the City Manager's memorandum dated September 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/22/98, and is incorporated herewith as part of this record by reference.)
City Council discussed with Director of Planning and Zoning Lynn and Director of Citizen Assistance Boyd the groups to be invited to join this committee, and it was stressed that any organization that wants to be involved, in particular the groups representing people who are least likely to be counted, will be included.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council: (1) adopted the resolution establishing a Year 2000 Complete Count Committee; (2) authorized the Mayor to select a person to serve as Chair of the Committee; (3) requested the Executive Secretary for City Boards and Commissions to advertise the vacancies and request that the groups listed in Attachment 1 to the City Manager's report designate a representative to serve on the committee; and (4) approved the transfer of $20,000 from a contingent reserve account (103556-2707) to the Planning Department to fund the City's share of the Complete Count Committee's activities. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1892
WHEREAS, the United States Census Bureau will conduct a decennial census in the spring of the year 2000; and
WHEREAS, the Census Bureau believes there has been a substantial undercount of population in Alexandria in previous censuses, and that there will be a substantial undercount in the year 2000 unless an effort is mounted to encourage the public to participate in the Census; and
WHEREAS, City Council wishes to establish a Complete Count Committee charged with the responsibility of ensuring that all City residents participate in the year 2000 Census;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA:
Section 1. Creation, Composition and Organization
(a) There is hereby established an ad hoc committee known as the Alexandria Complete Count Committee.
(b) The Mayor shall select a person to serve as Chair of the committee.
(c) The remaining members shall consist of one person appointed by City Council based on nominations from each of the following groups invited to submit nominations:
(1) Alexandria Federation of Civic Associations
(2) Alexandria Condominium Association
(3) Arlandria Civic Association
(4) Del Ray Citizens Association
(5) Hume Springs Citizens Association
(6) Inner City Civic Association
(7) Lynhaven Civic Association
(8) Northeast Citizens Association
(9) Southwest Quadrant Civic Association
(10) Strawberry Hill Civic Association
(11) Warwick Village Citizens Association
(12) Hamlets Tenants Group
(13) Mt. Jefferson Civic Association
(14) Alexandria Resident Council
(15) Interfaith Association
(16) Northern Virginia Community College
(17) Alexandria Chamber of Commerce
(18) Alexandria Chapter of The American Red Cross
(19) Alexandria JAYCEES
(20) Alexandria League of Women Voters
(21) Alexandria NAACP
(22) Alexandria United Way
(23) Alexandria Volunteer Bureau
(24) Bienvenidos
(25) Departmental Progressive Club, Inc.
(26) The Empowerment Network
(27) Hispanic Advisory Committee
(28) Hopkins House Association
(29) Kiwanis International of Alexandria
(30) Northern Virginia Urban League
(31) Optimist Club of Alexandria
(32) Rotary International of Alexandria
(33) Salvation Army
(34) Senior Citizens Employment and Services
(35) Tenants’ and Workers’ Support Committee
(36) Alexandria Police Department
(37) Alexandria Health Department
(38) Alexandria Department of Mental
Health, Mental Retardation & Substance Abuse
(39) Department of Human Services
(40) Alexandria Transit Company (DASH)
(41) Department of Recreation, Parks and
Cultural Activities
(42) Alexandria Public Schools
(43) Alexandria Community Shelter
(44) Jones Communications of Alexandria
(45) Carpenter’s Shelter
(46) Registrar of Voters
(d) Authorize the City Manager to make additional appointments as recommended by the committee;
(e) The term of the committee shall be one year from the date of the initial committee meeting, it being the intent of the Council to extend the term for through the spring of the year 2000;
(f) Members of the committee shall be appointed in the manner proscribed in Title 2, Chapter 4, Article A of the City Code; provided, that a member who is the representative of an organization shall be nominated by the organization and confirmed by City Council. The members appointed shall serve until the expiration of the term of the committee, including any extensions thereof; provided, that a member who is the representative of an organization shall cease to be a member at such time that such member shall cease to be a member in good standing of the organization for which such member serves as representative, and that any vacancies shall be filled for the remainder of the term of the committee, and any extensions thereof.
Section 2. Function; Powers and Duties
(a) The functions of the committee shall be as follows:
(1) Consult with Bureau of the Census and other persons who can provide estimates about what groups of persons have a high likelihood of being undercounted in the year 2000 Census.
(2) Establish a list of groups that will be targeted for priority attention in an effort to encourage their members to be counted in the year 2000 Census.
(3) Develop a program to encourage participation in the year 2000 Census by the public generally, and by the target groups in particular.
(4) Prepare recommendations to the City Manager about expenditures of funds to accomplish (3) above in an amount not to exceed the funds appropriated by City Council.
(b) The committee is empowered to adopt rules and regulations in regard to procedure and other matters so long as same are not inconsistent with the city code including, but not limited to, the establishment of subcommittees through which it may carry on its functions and purposes.
(c) The City Manager shall appoint such staff to provide administrative and logistical support to the committee as the Manager shall deem necessary and appropriate, subject to the availability of funds and staff.
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OTHER
22. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated September 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/22/98, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried unanimously, City Council: (1) added to the Council Calendar the Annual Fire Memorial Service and Wreath Laying Ceremony on Thursday, October 8, 1998, at 6:30 p.m. at Ivy Hill Cemetery, 2823 King Street; (2) noted that the City Council Fall Retreat will be on Saturday, October 10 (instead of Saturday, November 21), from 8:30 a.m. to 4:00 p.m. at the Fire Department Training Center located in the rear of the Lee Center, 1108 Jefferson Street; (3) scheduled a work session at 6:00 p.m. in the Council Workroom before Council's Wednesday, October 14, 1998, legislative meeting with representatives of the Boards of Architectural Review and the Historic Restoration and Preservation Commission; and (4) deleted the work session at 6:00 p.m. in the Council Workroom before Council's Tuesday, December 8, 1998, legislative meeting on Year 2000 (Y2K) computer issues. The City Manager will address the Year 2000 computer issues by memo; and (5) added the Scottish Christmas Walk for Saturday, December 5, and the Annual Tree Lighting for Friday, November 27, at Waterfront Park. The voting was as follows:
Walker "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Speck "aye"
CONTESTED APPOINTMENTS
23. Alexandria Commission for the Arts
1 Member-At-Large Who Is an Arts Consumer or Participant
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Elizabeth Beck
David Bledsoe
Jill Wiley* * * * *
(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; 9/22/98, 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 Jill Wiley as a Member-at-Large Who Is an Arts Consumer or Participant. The voting was as follows:
Donley - Beck
Euille - Wiley
Cleveland - Wiley
Pepper - Wiley
Rich - Bledsoe
Speck - Wiley
Walker - Wiley
* * * * *
24. Alexandria Commission for Women
3 Citizen Members
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Kristin Conklin
Kristen Galles
Amy Green
(Residency Waiver Required)
Mary Hartzler*
Laura Mandala
Gina Parello
Jenny Wade
*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. 24; 9/22/98, 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 Mary Hartzler and appointed Laura Mandala as Citizen Members to the Alexandria Commission for Women. No other applicant received a majority vote; therefore, a second ballot among Kristen Galles, Gina Parello, and Jenny Wade was required for the third member. The voting was as follows:
Donley - Hartzler, Galles, Wade
Euille - Hartzler, Mandala, Wade
Cleveland - Hartzler, Conklin, Wade
Pepper - Hartzler, Galles, Mandala
Rich - Hartzler, Mandala, Parello
Speck - Hartzler, Mandala
Walker - Hartzler, Mandala, Parello
* * * * *
Thereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: No applicant received a majority vote; therefore, a third ballot among Kristen Galles, Gina Parello, and Jenny Wade was required for the third member. The voting was as follows:
Donley - Galles
Euille - Wade
Cleveland - Wade
Pepper - Galles
Rich - Parello
Speck - Wade
Walker - Parello
* * * * *
Whereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Jenny Wade as a Citizen Member to the Alexandria Commission for Women. The voting was as follows:
Donley - Wade
Euille - Wade
Cleveland - Wade
Pepper - Galles
Rich - Parello
Speck - Wade
Walker - Wade
* * * * *
25. Alexandria Consumer Affairs Commission
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
David Deighan
Sarah Jennings
Patti Rivera
Michael Starkweather
William Torrans
* * * * *
(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; 9/22/98, 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 William Torrans as a Citizen Member to the Alexandria Consumer Affairs Commission. The voting was as follows:
Donley - Starkweather
Euille - Torrans
Cleveland - Deighan
Pepper - Torrans
Rich - Rivera
Speck - Torrans
Walker - Torrans
* * * * *
26. Historic Alexandria Resources Commission
1 Member From Planning District II
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Patrick Butler
John Sprinkle
* * * * *
(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; 9/22/98, 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 Patrick Butler as a Member From Planning District II to the Historic Alexandria Resources Commission. The voting was as follows:
Donley - Butler
Euille - Butler
Cleveland - Butler
Pepper - Butler
Rich - Butler
Speck - Butler
Walker - Butler
* * * * *
27. Alexandria Redevelopment and Housing Authority Board of Commissioners
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Antoine Cobb
Nina Hillary-Bush
Patricia Miller
* * * * *
(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. 27; 9/22/98, 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 Antoine Cobb as a Citizen Member to the Alexandria Redevelopment and Housing Authority Board of Commissioners. The voting was as follows:
Donley - Cobb
Euille - Cobb
Cleveland - Cobb
Pepper - Cobb
Rich - Cobb
Speck - Cobb
Walker - Cobb
* * * * *
EXECUTIVE SESSION
28. 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).
It was noted that an Executive Session was not needed.
* * * * *
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, at 9:48 p.m., the Regular Meeting of September 22, 1998, was adjourned. The voting was as follows:
Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"
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APPROVED BY:
______________________________________
KERRY J. DONLEY MAYORATTEST:
_____________________________________
Susan K. Seagroves, Deputy 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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