City of Manassas, Virginia City Council Meeting AGENDA. City Council Regular Meeting & Public Hearings. Council Chambers Monday, January 08, 2018

Transcription

1 City of Manassas, Virginia City Council Meeting AGENDA Call to Order - 5:30 p.m. City Council Regular Meeting & Public Hearings Council Chambers Monday, January 08, 2018 Roll Call Invocation and Presentation of Colors by the Manassas City Police Department Honor Guard Community and Staff Presentations Swearing In Ceremony: City of Manassas Police Department (Staff: Douglas W. Keen, Chief of Police) - Police Officer Arjun Datta - Police Officer Bradley Forren - Police Officer Phillip Harrover - Police Officer Cooper Knight - Police Officer Warren Lane - Police Officer Reid McCarthy - Police Officer Abdulah Rasooli City Attorney Report City Manager Report Chief of Police Report Council Time City Council City Council Regular Meeting & Public Hearings January 08, 2018 Page 1 1

2 Mayor Time 1. Consent Agenda All matters listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and considered separately. 1.1 City Council Minutes: December 11, 2017 (Legislative Meeting) and December 11, 2017 (Regular Meeting & Public Hearings) (Staff: Andrea P. Madden, Assistant to the City Manager - City Clerk) Agenda Statement - City Council Minutes City Council Minutes: December 11, 2017 (Legislative Meeting) City Council Minutes: December 11, 2017 City Council Minutes: December 11, 2017 (AMENDED) 1.2 Commendation: Honoring Radford University Panhellenic Council (Staff: Ronald King, Social Services Director) Agenda Statement - Radford University Panhellenic Council Commendation - Radford University Panhellenic Council 1.3 Agreement: Virginia Department of Health (VDH) Contract (Staff: W. Patrick Pate, City Manager) Agenda Statement - Virginia Dept. of Health Contract Virginia Department Health Contract - FY Resolution #R : Honoring Carl V. Crawford for his Thirty Years of Service to the City of Manassas (Staff: Douglas W. Keen, Chief of Police) Agenda Statement - Resolution #R Resolution #R Resolution #R : Appointments from the Greater Manassas Volunteer Rescue Squad to the Fire and Rescue Committee (Staff: Rob Clemons, Fire and Rescue Chief) Agenda Statement - Resolution #R Resolution #R GMVRS Letter Dated December 30, Resolution #R : Accepting the Results of the Annual Election of Officers of the Greater Manassas Volunteer Rescue Squad (Staff: Rob Clemons, Fire and Rescue Chief) Agenda Statement - Resolution #R Resolution #R City Council City Council Regular Meeting & Public Hearings January 08, 2018 Page 2 2

3 GMVRS Letter Dated December 30, Ordinance #O , Pierce Funeral Home Columbarium (Second Reading) (Staff: Kelly Davis, AICP, Senior Planner) 1.8 Uncodified Ordinance #O : Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) (Second Reading) (Staff: Tony Dawood, Utilities Director and Martin Crim, City Attorney) 2. Ordinances and Resolutions 2.1 Resolution #R , Pierce Funeral Home Columbarium (Staff: Kelly Davis, AICP, Senior Planner) Agenda Statement - #R Resolution #R SUP # Conditions 3. New Business 3.1 Agreements: Memorandums of Understanding and Supplemental Agreements with Constitutional Officers (Staff: Darla J. Hicks, Human Resources Manager) Agenda Statement - MOU for Constitutional Officers Memorandum of Understanding: D.S. Waldron Supplemental Agreement: D.S. Waldron Memorandum of Understanding: P. Richie-Folks Supplemental Agreement: P. Richie-Folks 4. Awards, Acknowledgments and Presentations - 7:15 p.m. 4.1 Presentation of Commendation: Honoring Radford University Panhellenic Council (Presented by: Mayor Harry J. Parrish II) 5. Citizens' Time - 7:30 p.m. The citizens' portion of the agenda is set aside for those citizens who wish to address the Council for less than three minutes each. Citizens need not give prior notice to the City to speak during the citizens' time portion of the agenda. Citizens may address the Council for City Council City Council Regular Meeting & Public Hearings January 08, 2018 Page 3 3

4 longer than three minutes if they ask the City Manager for a place on the agenda at least four working days before the meeting. 6. Public Hearings - 7:30 p.m. 6.1 SUP # , Youlen Enterprises, Inc. Home Business (Staff: Kelly Davis, AICP, Senior Planner) Agenda Statement - Public Hearing SUP # SUP Staff Report Attachment 2. Conditions Attachment 3. Comment Letters Attachment 4. Applicant Response Letters Attachment 5. Planning Commission Minutes and Resolution Adjournment City Council City Council Regular Meeting & Public Hearings January 08, 2018 Page 4 4

5 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2017 Time Estimate: Agenda Title: Recommendation: Motion: Consent Agenda City Council Minutes: December 11, 2017 (Legislative Meeting) and December 11, 2017 Approve If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that the Minutes of December 11, 2017 (Legislative Meeting) and December 11, Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: N/A N/A N/A N/A Andrea P. Madden, Assistant to the City Manager / City Clerk amadden@manassasva.gov (703)

6 December 11, 2017 A Special Meeting of the Council of the City of Manassas, Virginia was held at the Center for the Arts, 9419 Battle Street, on the above date with the following present: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, City Attorney Martin R. Crim, Assistant to the City Manager & City Clerk Andrea P. Madden, Chief of Police Douglas W. Keen, Fire and Rescue Chief Rob L. Clemons, Community Development Director Elizabeth S. Via-Gossman, Planning and Zoning Manager Matthew D. Arcieri, Transportation Planner Chloe Delhomme, Utilities Director Tony Dawood, Social Services Director Ronald King, Public Works Director Steve Burke, and Deputy City Clerk Rose V.B. Spring. Absent was Council Member Ian T. Lovejoy. Senator Jeremy McPike and Delegate-elect Lee Carter were present. Members of the School Board and the Superintendent of Schools, Dr. Catherine Magouyrk, were also present. Mayor Parrish called the meeting to order at 8:53 a.m. The City Clerk reported that the news media had been notified of the special meeting in accordance with the Freedom of Information Act. The City Clerk read the Notice of special meeting acknowledged by all Council Members stating that the special meeting was called for the following purposes: 1. As per the attached agenda dated December 11, 2017; 2. Other pertinent business for the operation of the City. 1) Presentation of Manassas City School Board 2018 Legislative Priorities Scott M. Albrecht, Vice Chairman of the Manassas City School Board, presented the School Board s 2018 Legislative Priorities. 2) Presentation of Manassas City Council 2018 Legislative Priorities W. Patrick Pate, City Manager, presented the Manassas City Council s 2018 Legislative Priorities. Department Directors from Utilities, Social Services, Public Safety, Transportation, and Public Works discussed roles and relationships with State agencies and officials and noted current issues. Senator McPike and Delegate-elect Carter both discussed their thoughts on upcoming legislation and the potential impacts of decisions made at the state level. 6

7 December 11, 2017 A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 9:45 a.m. MAYOR CITY CLERK DATE APPROVED 7

8 December 11, 2017 A Regular Meeting and Public Hearings of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, Police Chief Doug Keen, Fire and Rescue Chief Rob Clemons, Community Development Director Elizabeth S. Via-Gossman, Planning and Zoning Manager Matthew D. Arcieri, Senior Planner Kelly Davis, Utilities Director Tony Dawood, Public Works Director Steve Burke, City Engineer Michelle Brickner, Senior Engineer Corinna Sigsbury, Deputy City Clerk Rose V.B. Spring, Acting Finance and Administration Director Diane V. Bergeron, Budget Analyst Amanda Hamm, and General Registrar Susan Reed. Mayor Parrish called the meeting to order at 5:30 p.m., delivered the invocation, and led those present in the Pledge of Allegiance. Community and Staff Presentations Presentation: Report on 2017 General Election John Snider, Chairman of the Electoral Board, reported on the successful 2017 General Election and discussed possible improvements to be implemented in future elections. Swearing-In of Constitutional Officers and Deputies by the Clerk of Circuit Court, Jacqueline C. Smith, Esquire The Honorable Jacqueline C. Smith, Clerk of the Circuit Court, administered the Oath of Office to Teresa M. Martin, Chief Deputy Commissioner of the Revenue, Douglas S. Waldron, Commissioner of the Revenue, and Patricia Richie-Folks, Treasurer. Presentation of 2017 Greater Manassas Christmas Parade Awards Mayor Parrish, Mark Olsen, and Santa Claus presented the 2017 Christmas Parade Awards to organizations and members of the community. City Attorney Report Mr. Crim reported on the likely sale of property located at 9510 Liberty Street and discussed the outstanding zoning code violations at 9512 and 9514 Liberty Street. Mr. Crim stated that he requested a closed meeting later in the evening to provide an update to City Council on the Sims v. Labowitz case. Mr. Crim updated the City Council on pending litigation involving the Prince William Street project and property acquisition. 8 1

9 December 11, 2017 City Manager Report Mr. Pate announced that the City welcomed Puzzle Palooza to Historic Downtown last week and encouraged everyone to visit the store for fun and unique gifts this holiday season. Mr. Pate noted that the City s logo was recently painted on the water tank located on Quarry Road and thanked the Utilities Department and its crews for getting the work done so quickly. Mr. Pate stated that the VRE s annual Santa Train Ride was a success and thanked the Police Department and Public Works for ensuring a safe environment for the participants, motorists, and pedestrians in Historic Downtown. Mr. Pate encouraged citizens to visit the Winter Wonderland Train Show at the Center for the Arts on Battle Street; the show will open on Wednesday, December 13th and run through the weekend. Mr. Pate shared that the City of Manassas was recently named one of the safest cities in the United States and was recognized as the third safest City in the Commonwealth of Virginia. Mr. Pate congratulated all those who work hard to keep citizens and visitors safe. Mr. Pate thanked those Council Members and City staff that attended the Legislative Breakfast meeting and commented on the importance and need for ongoing communication amongst legislators and local officials. Mr. Pate urged all residents to celebrate safely this holiday season and wished everyone a Merry Christmas. Chief of Police Report Police Chief Douglas Keen thanked City staff for their outstanding efforts to ensure safety for all those participating in the Santa Train Rides and commented on the success of the Shop with a Cop community event. Council Time Council Member Wolfe announced that performances of The Nutcracker will begin at the Hylton Performing Arts Center on December 14th and run through December 23rd. Council Member Lovejoy wished everyone a Merry Christmas. Council Member Bass thanked City staff for their efforts during the 12 Days of Giving campaign and for organizing the Legislative Breakfast earlier in the day. Council Member Bass wished everyone a Merry Christmas, Happy Hanukkah, and a Happy New Year. 9 2

10 December 11, 2017 Council Member Elston reported on activities and conversations being had at the COG Human Services Policy Committee meetings. Council Member Elston stated that he would be out of the country teaching in January and noted that he would miss the first Council meeting of the year. Council Member Elston congratulated the parade award winners and commented on the great job done by staff to clean-up after such a large event. Council Member Elston recognized the hard work and dedication of citizens who volunteer to serve on various Boards, Committees, and Commissions, including the Advisory Board to Social Services, and particularly at this time of year. Council Member Sebesky welcomed everyone to the meeting and commented on the wonderful tree lighting on Friday, December 1st. Council Member Sebesky encouraged citizens to walk the museum lawn and view the other trees that have been decorated by members of the community. Council Member Sebesky noted that there are many ways to give during the holiday season and reminded everyone to enjoy time spent with loved ones. Mayor Time Mayor Parrish wished everyone Happy Holidays and a Merry Christmas. 1) Consent Agenda 1.1 City Council Minutes: November 20, 2017 (Work Session), November 20, 2017 (Town Hall Meeting), November 27, 2017, and November 30, Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht 1.3 Commendation: Honoring Manassas City School Board Member Sanford S. Williams 1.4 Performance Bond and Erosion Control Bond Release: Prince William Commerce Center Public Improvement Plan, SP# /SP# /SP# Resolution #R : Application for Federal FY 2024 Congestion Mitigation and Air Quality Improvement / Regional Surface Transportation Program (CMAQ / RSTP) 1.6 Resolution #R : Applications to Northern Virginia Transportation Authority (NVTA) 1.7 Ordinance #O : 2017 Zoning Ordinance Annual Updates (Second Reading) COUNCIL MEMBER BASS MOVED that Consent Agenda Items 1.1 through 1.7 be approved as presented and the reading of the ordinances dispensed. Seconded by Council Member Sebesky. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 10 3

11 December 11, ) Ordinances and Resolutions 2.1 Resolution #R : Sudley Road Third Lane Scope Change Michelle Brickner, City Engineer, explained that the Sudley Road Third Lane project is a Capital Improvement Project (T-015) to add a third lane and sidewalk along northbound Sudley Road between Dorsey Circle and Godwin Drive. The proposed scope of the project included undergrounding NOVEC utility lines. Ms. Brickner stated that City staff reassessed the scope and determined that the third lane can be added without undergrounding the NOVEC lines and is proposing that the cost savings achieved by not undergrounding the utility be used to extend the limits of the third lane and sidewalk from Godwin Drive to Grant Avenue. Ms. Brickner further explained that because the project has received SmartScale funding, VDOT has determined that the change in scope must be approved by the Virginia Commonwealth Transportation Board (CTB). Therefore, VDOT has requested City of Manassas Council endorsement of the change of scope before presenting the modification to the CTB for approval. If the CTB does not approve the revised scope, staff will move forward with the project as currently described in the City s Capital Improvement Plan. Council Members Wolfe, Elston, and Sebesky expressed their concern regarding the original placement of Resolution #R on the Consent Agenda and suggested the City Council take additional time to consider changes made to the project. Council Members Wolfe, Elston, and Sebesky stated that they are in favor of improving traffic flow and easing congestion, but also felt a responsibility to consider all possible impacts associated with the scope change. VICE MAYOR AVENI MOVED that Resolution #R regarding the Sudley Road Third Lane Scope Change be approved. Seconded by Council Member Lovejoy. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, and Wolfe. NAYS Sebesky. MOTION CARRIED. 3) New Business 3.1 Presentation: FY 2017 Comprehensive Annual Financial Report (CAFR) Diane V. Bergeron, Acting Finance and Administration Director, provided to the City Council the department s annual report and highlighted achievements of the previous year. Following her report, Ms. Bergeron introduced Matthew S. Heatwole, CPA Senior Manager, with Brown Edwards & Co., LLP. Mr. Heatwole reviewed the CAFR and the auditor s findings with the City Council, noting there were no significant issues. 4) Bid Opening 4.1 Uncodified Ordinance #O : Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) (First Reading) 11 4

12 December 11, 2017 Mayor Parrish announced that the next item on the agenda was the public hearing and receipt of bids for the first reading of Uncodified Ordinance #O granting two easements to Virginia Electric and Power Co. The City has duly advertised the franchise, as required by law for all franchises with the duration of more than five years. Mayor Parrish opened the public hearing and invited anyone wishing to comment on the granting of easements to Dominion Virginia Power to come forward. There were no speakers in favor of or in opposition to the granting of easements to Dominion Virginia Power. VICE MAYOR AVENI MOVED that the public hearing pertaining to Uncodified Ordinance #O be closed. Seconded by Council Member Sebesky and CARRIED UNANIMOUSLY. With the public hearing closed, Mayor Parrish stated that the City has received one sealed bid from Dominion Virginia Power. Before opening the bid, Mayor Parrish asked that anyone wishing to submit a bid for the franchise bring it forward. There were no additional bids submitted. Mayor Parrish opened the one bid that was received, marked it for identification as required by law with Received 12/11/17, Ord. O , and provided it to Martin Crim, the City Attorney. Mr. Crim stated that the bid was as expected and advised the City Council that a motion to approve Uncodified Ordinance #O on first reading was appropriate. VICE MAYOR AVENI MOVED that Uncodified Ordinance #O Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) be approved on first reading. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 5) Awards, Acknowledgments, and Presentations 5.1 Presentation of Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht Mayor Parrish read and presented a Commendation honoring Vice Chairman of Manassas City School Board Scott M. Albrecht on being named the President of the Virginia School Board Association (VSBA). 5.2 Presentation of Commendation: Honoring Manassas City School Board Member Sanford S. Williams Council Member Pamela Sebesky read and presented a Commendation honoring Manassas City School Board Member Sanford S. Williams for being given the Advocate for Education Award by the Virginia School Board Association (VSBA). 12 5

13 December 11, ) Citizens Time Allen Muchnick, a resident of the City of Manassas, voiced his concerns about public improvement projects, including the Sudley Road Northbound widening, and stated that a design hearing should be held to hear citizen comments. In addition, Mr. Muchnick voiced his concerns on the Grant Avenue Project, stating there was no citizen involvement on that project and other alternatives should have been discussed. 7) Public Hearings Mayor Parrish read an affidavit of publication that was before him signed by an authorized agent of the Prince William Times newspaper certifying that the public hearings listed on the evening s agenda were published in conformance with Virginia law and City ordinances. 7.1 SUP # & REZ# : Pierce Funeral Home Columbarium, 9609 Center Street, and 9406 and 9412 Stonewall Road Kelly Davis, Senior Planner, reviewed the application submitted by Pierce Funeral Home to concurrently obtain a special use permit and a rezoning to construct a columbarium in conjunction with the existing funeral home and crematory. Ms. Davis noted that staff and the Planning Commission recommend approval of the rezoning and the eventual special use permit, as conditioned. Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council. Mr. du Von commented on the role that the State Cemetery Board plays in regulating for-profit cemeteries that offer perpetual care services or pre-need burial contracts, and that are required to maintain trust fund accounts. Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the Pierce Funeral Home rezoning and special use permit to come forward and address the City Council. There were no speakers in favor of or in opposition to either request. Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the rezoning is listed on the agenda as Item 8.1. VICE MAYOR AVENI MOVED that the public hearing be closed. Seconded by Council Member Bass and CARRIED UNANIMOUSLY. The public hearing was closed at 8:11 p.m. 13 6

14 December 11, SUP # : Kena Holding Corp. Place of Assembly, 9500 Technology Drive Ms. Davis reviewed the application submitted by Kena Holding Corporation for a special use permit for a Place of Assembly (50+ persons) at 9500 Technology Drive within the existing office building. The building will be used as a gathering place for the Shriners, a fraternal organization that is relocating from Fairfax County. Daily operations will be handled by a small staff of two to three people and the property will primarily be used for monthly meetings, as well as small subgroup and club meetings that take place on a weekly basis. The applicant is proposing to construct a small canopy along with interior renovations; the existing warehouse space will be retained as a storage space for the Shriners parade cars and other equipment. Ms. Davis noted that staff and the Planning Commission recommend approval of the special use permit, as conditioned. Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council. Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the special use permit to come forward and address the City Council. There were no speakers in favor of or in opposition to the request for a special use permit. Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the special use permit is listed on the agenda as Item 8.2. VICE MAYOR AVENI MOVED that the public hearing be closed. Seconded by Council Member Bass and CARRIED UNANIMOUSLY. The public hearing was closed at 8:22 p.m. 8) Action Following Public Hearings 8.1 Ordinance #O : Rezoning # : Pierce Funeral Home, 9406 Stonewall Road Ms. Davis offered to answer any outstanding questions regarding the request for rezoning and the special use permit from Pierce Funeral Home; there were no additional questions or comments. Ms. Davis noted that the resolution approving the special use permit will appear on the January 8, 2018 Council agenda. VICE MAYOR AVENI MOVED that Ordinance #O : Rezoning # : Pierce Funeral Home, 9406 Stonewall Road be approved on first reading. Seconded by Council Member Lovejoy. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 14 7

15 December 11, Resolution #R : Special Use Permit # : Kena Holding Corporation, 9500 Technology Drive Ms. Davis offered to answer any outstanding questions regarding the request for a special use permit by Kena Holding Corporation; there were no additional questions or comments. VICE MAYOR AVENI MOVED that Resolution #R : Special Use Permit # : Kena Holding Corporation, 9500 Technology Drive be approved. Seconded by Council Member Sebesky. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 9) Authorization of a Closed Meeting 9.1 Authorization of a Closed Meeting VICE MAYOR AVENI MOVED that Council convene in a closed meeting to discuss the following, as permitted by Virginia Code A (1), A (3), A (7), and A (29): a personnel matter involving consideration or interviews of candidates for employment or appointment as the City Attorney, personnel matters involving the performance and salaries of Constitutional Officers, the acquisition of real property for a public purpose, consultation with legal counsel pertaining to a pending case, specifically Sims v. Labowitz in the Federal Court of Appeals for the 4th Circuit, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the City, and for discussion of a public contract involving the Shared Services Agreement with Prince William County, because discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the City Attorney. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the Constitutional Officers. Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, the Chief of Police, and the Deputy City Manager would be included in the closed meeting discussion regarding the Sims v. Labowitz case. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Community Development Director, and the Deputy City Manager would be included in the closed meeting discussion regarding a public contract involving the Shared Services Agreement with Prince William County. The City Council retired to the closed meeting at 7:25 p.m. 15 8

16 December 11, 2017 After the public hearings were closed and consequent action taken on those items, the following closed meeting authorization motion was made: VICE MAYOR AVENI MOVED that Council convene in a closed meeting to discuss the following, as permitted by Virginia Code A (1), A (3), A (7), and A (29): a personnel matter involving consideration or interviews of candidates for employment or appointment as the City Attorney, personnel matters involving the performance and salaries of Constitutional Officers, the acquisition of real property for a public purpose, consultation with legal counsel pertaining to a pending case, specifically Sims v. Labowitz in the Federal Court of Appeals for the 4th Circuit, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the City, and for discussion of a public contract involving the Shared Services Agreement with Prince William County, because discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the City Attorney. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the Constitutional Officers. Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, the Chief of Police, and the Deputy City Manager would be included in the closed meeting discussion regarding the Sims v. Labowitz case. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Community Development Director, and the Deputy City Manager would be included in the closed meeting discussion regarding a public contract involving the Shared Services Agreement with Prince William County. The City Council retired to the closed meeting at 8:25 p.m. 10) Certify the Closed Meeting 10.1 Certification of a Closed Meeting VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 7:50 p.m. 16 9

17 December 11, 2017 Following the second closed meeting, the certification motion below was made: VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 10:17 p.m. 11) Action Following the Closed Meeting 11.1 Consideration of Employment and Salaries for Appointed and Constitutional Officers of the City of Manassas COUNCIL MEMBER ELSTON MOVED that the City Manager be given the authorization to hire S. Craig Brown to fill the position of City Attorney at a salary of $175,000; that the salary of the Commissioner of the Revenue be increased by 3% to $120, and that the salary of the Treasurer be increased by 10% to $94,036.80, effective December 31, Seconded by Council Member Wolfe. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 10:18 p.m. MAYOR CITY CLERK DATE APPROVED 17 10

18 December 11, 2017 A Regular Meeting and Public Hearings of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, Police Chief Doug Keen, Fire and Rescue Chief Rob Clemons, Community Development Director Elizabeth S. Via-Gossman, Planning and Zoning Manager Matthew D. Arcieri, Senior Planner Kelly Davis, Utilities Director Tony Dawood, Public Works Director Steve Burke, City Engineer Michelle Brickner, Senior Engineer Corinna Sigsbury, Deputy City Clerk Rose V.B. Spring, Acting Finance and Administration Director Diane V. Bergeron, Budget Analyst Amanda Hamm, and General Registrar Susan Reed. Mayor Parrish called the meeting to order at 5:30 p.m., delivered the invocation, and led those present in the Pledge of Allegiance. Community and Staff Presentations Presentation: Report on 2017 General Election John Snider, Chairman of the Electoral Board, reported on the successful 2017 General Election and discussed possible improvements to be implemented in future elections. Swearing-In of Constitutional Officers and Deputies by the Clerk of Circuit Court, Jacqueline C. Smith, Esquire The Honorable Jacqueline C. Smith, Clerk of the Circuit Court, administered the Oath of Office to Teresa M. Martin, Chief Deputy Commissioner of the Revenue, Douglas S. Waldron, Commissioner of the Revenue, and Patricia Richie-Folks, Treasurer. Presentation of 2017 Greater Manassas Christmas Parade Awards Mayor Parrish, Mark Olsen, and Santa Claus presented the 2017 Christmas Parade Awards to organizations and members of the community. City Attorney Report Mr. Crim reported on the likely sale of property located at 9510 Liberty Street and discussed the outstanding zoning code violations at 9512 and 9514 Liberty Street. Mr. Crim stated that he requested a closed meeting later in the evening to provide an update to City Council on the Sims v. Labowitz case. Mr. Crim updated the City Council on pending litigation involving the Prince William Street project and property acquisition. 18 1

19 December 11, 2017 City Manager Report Mr. Pate announced that the City welcomed Puzzle Palooza to Historic Downtown last week and encouraged everyone to visit the store for fun and unique gifts this holiday season. Mr. Pate noted that the City s logo was recently painted on the water tank located on Quarry Road and thanked the Utilities Department and its crews for getting the work done so quickly. Mr. Pate stated that the VRE s annual Santa Train Ride was a success and thanked the Police Department and Public Works for ensuring a safe environment for the participants, motorists, and pedestrians in Historic Downtown. Mr. Pate encouraged citizens to visit the Winter Wonderland Train Show at the Center for the Arts on Battle Street; the show will open on Wednesday, December 13th and run through the weekend. Mr. Pate shared that the City of Manassas was recently named one of the safest cities in the United States and was recognized as the third safest City in the Commonwealth of Virginia. Mr. Pate congratulated all those who work hard to keep citizens and visitors safe. Mr. Pate thanked those Council Members and City staff that attended the Legislative Breakfast meeting and commented on the importance and need for ongoing communication amongst legislators and local officials. Mr. Pate urged all residents to celebrate safely this holiday season and wished everyone a Merry Christmas. Chief of Police Report Police Chief Douglas Keen thanked City staff for their outstanding efforts to ensure safety for all those participating in the Santa Train Rides and commented on the success of the Shop with a Cop community event. Council Time Council Member Wolfe announced that performances of The Nutcracker will begin at the Hylton Performing Arts Center on December 14th and run through December 23rd. Council Member Lovejoy wished everyone a Merry Christmas. Council Member Bass thanked City staff for their efforts during the 12 Days of Giving campaign and for organizing the Legislative Breakfast earlier in the day. Council Member Bass wished everyone a Merry Christmas, Happy Hanukkah, and a Happy New Year. 19 2

20 December 11, 2017 Council Member Elston reported on activities and conversations being had at the COG Human Services Policy Committee meetings. Council Member Elston stated that he would be out of the country teaching in January and noted that he would miss the first Council meeting of the year. Council Member Elston congratulated the parade award winners and commented on the great job done by staff to clean-up after such a large event. Council Member Elston recognized the hard work and dedication of citizens who volunteer to serve on various Boards, Committees, and Commissions, including the Advisory Board to Social Services, and particularly at this time of year. Council Member Sebesky welcomed everyone to the meeting and commented on the wonderful tree lighting on Friday, December 1st. Council Member Sebesky encouraged citizens to walk the museum lawn and view the other trees that have been decorated by members of the community. Council Member Sebesky noted that there are many ways to give during the holiday season and reminded everyone to enjoy time spent with loved ones. Mayor Time Mayor Parrish wished everyone Happy Holidays and a Merry Christmas. 1) Consent Agenda 1.1 City Council Minutes: November 20, 2017 (Work Session), November 20, 2017 (Town Hall Meeting), November 27, 2017, and November 30, Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht 1.3 Commendation: Honoring Manassas City School Board Member Sanford S. Williams 1.4 Performance Bond and Erosion Control Bond Release: Prince William Commerce Center Public Improvement Plan, SP# /SP# /SP# Resolution #R : Application for Federal FY 2024 Congestion Mitigation and Air Quality Improvement / Regional Surface Transportation Program (CMAQ / RSTP) 1.6 Resolution #R : Applications to Northern Virginia Transportation Authority (NVTA) 1.7 Ordinance #O : 2017 Zoning Ordinance Annual Updates (Second Reading) COUNCIL MEMBER BASS MOVED that Consent Agenda Items 1.1 through 1.7 be approved as presented and the reading of the ordinances dispensed. Seconded by Council Member Sebesky. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 20 3

21 December 11, ) Ordinances and Resolutions 2.1 Resolution #R : Sudley Road Third Lane Scope Change Michelle Brickner, City Engineer, explained that the Sudley Road Third Lane project is a Capital Improvement Project (T-015) to add a third lane and sidewalk along northbound Sudley Road between Dorsey Circle and Godwin Drive. The proposed scope of the project included undergrounding NOVEC utility lines. Ms. Brickner stated that City staff reassessed the scope and determined that the third lane can be added without undergrounding the NOVEC lines and is proposing that the cost savings achieved by not undergrounding the utility be used to extend the limits of the third lane and sidewalk from Godwin Drive to Grant Avenue. Ms. Brickner further explained that because the project has received SmartScale funding, VDOT has determined that the change in scope must be approved by the Virginia Commonwealth Transportation Board (CTB). Therefore, VDOT has requested City of Manassas Council endorsement of the change of scope before presenting the modification to the CTB for approval. If the CTB does not approve the revised scope, staff will move forward with the project as currently described in the City s Capital Improvement Plan. Council Members Wolfe, Elston, and Sebesky expressed their concern regarding the original placement of Resolution #R on the Consent Agenda and suggested the City Council take additional time to consider changes made to the project. It was noted that the change in scope being proposed was not reviewed by the Planning Commission, the Land Use Committee, or the full Council prior to being placed on the agenda. Council Members Wolfe, Elston, and Sebesky stated that they are in favor of improving traffic flow and easing congestion, but also felt a responsibility to consider all possible impacts associated with the change in scope. Council Member Wolfe commented that if costs exceed the $7.4 million budget, the City may be financially responsible for the overage. Discussion regarding the need for easements, temporary and permanent right-of way acquisition, and the undergrounding of utility lines occurred; staff clarified that the utility lines originally included in the project are located in Prince William County and noted that Sudley Road is the demarcation line between City and County property. Council Member Elston commented that he is in favor or increasing capacity on Sudley Road, but is not in favor of large changes being rushed through and not taking aesthetic changes seriously. Council Member Sebesky emphasized the importance of following established processes and procedures when seeking approval for projects and stated she is uncomfortable voting on Resolution #R because the project was not considered in detail and, in her opinion, the appropriate process was not followed. Questions regarding the consequences associated with delaying the vote on Resolution #R were posed to staff. Ms. Brickner stated that the project would likely be placed on the Commonwealth Transportation Board s February agenda and to her knowledge, the City is not in danger of losing funding. 21 4

22 December 11, 2017 VICE MAYOR AVENI MOVED that Resolution #R regarding the Sudley Road Third Lane Scope Change be approved. Seconded by Council Member Lovejoy. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, and Wolfe. NAYS Sebesky. MOTION CARRIED. 3) New Business 3.1 Presentation: FY 2017 Comprehensive Annual Financial Report (CAFR) Diane V. Bergeron, Acting Finance and Administration Director, provided to the City Council the department s annual report and highlighted achievements of the previous year. Following her report, Ms. Bergeron introduced Matthew S. Heatwole, CPA Senior Manager, with Brown Edwards & Co., LLP. Mr. Heatwole reviewed the CAFR and the auditor s findings with the City Council, noting there were no significant issues. 4) Bid Opening 4.1 Uncodified Ordinance #O : Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) (First Reading) Mayor Parrish announced that the next item on the agenda was the public hearing and receipt of bids for the first reading of Uncodified Ordinance #O granting two easements to Virginia Electric and Power Co. The City has duly advertised the franchise, as required by law for all franchises with the duration of more than five years. Mayor Parrish opened the public hearing and invited anyone wishing to comment on the granting of easements to Dominion Virginia Power to come forward. There were no speakers in favor of or in opposition to the granting of easements to Dominion Virginia Power. VICE MAYOR AVENI MOVED that the public hearing pertaining to Uncodified Ordinance #O be closed. Seconded by Council Member Sebesky and CARRIED UNANIMOUSLY. With the public hearing closed, Mayor Parrish stated that the City has received one sealed bid from Dominion Virginia Power. Before opening the bid, Mayor Parrish asked that anyone wishing to submit a bid for the franchise bring it forward. There were no additional bids submitted. Mayor Parrish opened the one bid that was received, marked it for identification as required by law with Received 12/11/17, Ord. O , and provided it to Martin Crim, the City Attorney. Mr. Crim stated that the bid was as expected and advised the City Council that a motion to approve Uncodified Ordinance #O on first reading was appropriate. 22 5

23 December 11, 2017 VICE MAYOR AVENI MOVED that Uncodified Ordinance #O Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) be approved on first reading. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 5) Awards, Acknowledgments, and Presentations 5.1 Presentation of Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht Mayor Parrish read and presented a Commendation honoring Vice Chairman of Manassas City School Board Scott M. Albrecht on being named the President of the Virginia School Board Association (VSBA). 5.2 Presentation of Commendation: Honoring Manassas City School Board Member Sanford S. Williams Council Member Pamela Sebesky read and presented a Commendation honoring Manassas City School Board Member Sanford S. Williams for being given the Advocate for Education Award by the Virginia School Board Association (VSBA). 6) Citizens Time Allen Muchnick, a resident of the City of Manassas, voiced his concerns about public improvement projects, including the Sudley Road Northbound widening, and stated that a design hearing should be held to hear citizen comments. In addition, Mr. Muchnick voiced his concerns on the Grant Avenue Project, stating there was no citizen involvement on that project and other alternatives should have been discussed. 7) Public Hearings Mayor Parrish read an affidavit of publication that was before him signed by an authorized agent of the Prince William Times newspaper certifying that the public hearings listed on the evening s agenda were published in conformance with Virginia law and City ordinances. 7.1 SUP # & REZ# : Pierce Funeral Home Columbarium, 9609 Center Street, and 9406 and 9412 Stonewall Road Kelly Davis, Senior Planner, reviewed the application submitted by Pierce Funeral Home to concurrently obtain a special use permit and a rezoning to construct a columbarium in conjunction with the existing funeral home and crematory. Ms. Davis noted that staff and the Planning Commission recommend approval of the rezoning and the eventual special use permit, as conditioned. 23 6

24 December 11, 2017 Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council. Mr. du Von commented on the role that the State Cemetery Board plays in regulating for-profit cemeteries that offer perpetual care services or pre-need burial contracts, and that are required to maintain trust fund accounts. Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the Pierce Funeral Home rezoning and special use permit to come forward and address the City Council. There were no speakers in favor of or in opposition to either request. Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the rezoning is listed on the agenda as Item 8.1. VICE MAYOR AVENI MOVED that the public hearing be closed. Seconded by Council Member Bass and CARRIED UNANIMOUSLY. The public hearing was closed at 8:11 p.m. 7.2 SUP # : Kena Holding Corp. Place of Assembly, 9500 Technology Drive Ms. Davis reviewed the application submitted by Kena Holding Corporation for a special use permit for a Place of Assembly (50+ persons) at 9500 Technology Drive within the existing office building. The building will be used as a gathering place for the Shriners, a fraternal organization that is relocating from Fairfax County. Daily operations will be handled by a small staff of two to three people and the property will primarily be used for monthly meetings, as well as small subgroup and club meetings that take place on a weekly basis. The applicant is proposing to construct a small canopy along with interior renovations; the existing warehouse space will be retained as a storage space for the Shriners parade cars and other equipment. Ms. Davis noted that staff and the Planning Commission recommend approval of the special use permit, as conditioned. Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council. Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the special use permit to come forward and address the City Council. There were no speakers in favor of or in opposition to the request for a special use permit. Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the special use permit is listed on the agenda as Item

25 December 11, 2017 VICE MAYOR AVENI MOVED that the public hearing be closed. Seconded by Council Member Bass and CARRIED UNANIMOUSLY. The public hearing was closed at 8:22 p.m. 8) Action Following Public Hearings 8.1 Ordinance #O : Rezoning # : Pierce Funeral Home, 9406 Stonewall Road Ms. Davis offered to answer any outstanding questions regarding the request for rezoning and the special use permit from Pierce Funeral Home; there were no additional questions or comments. Ms. Davis noted that the resolution approving the special use permit will appear on the January 8, 2018 Council agenda. VICE MAYOR AVENI MOVED that Ordinance #O : Rezoning # : Pierce Funeral Home, 9406 Stonewall Road be approved on first reading. Seconded by Council Member Lovejoy. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 8.2 Resolution #R : Special Use Permit # : Kena Holding Corporation, 9500 Technology Drive Ms. Davis offered to answer any outstanding questions regarding the request for a special use permit by Kena Holding Corporation; there were no additional questions or comments. VICE MAYOR AVENI MOVED that Resolution #R : Special Use Permit # : Kena Holding Corporation, 9500 Technology Drive be approved. Seconded by Council Member Sebesky. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 9) Authorization of a Closed Meeting 9.1 Authorization of a Closed Meeting VICE MAYOR AVENI MOVED that Council convene in a closed meeting to discuss the following, as permitted by Virginia Code A (1), A (3), A (7), and A (29): a personnel matter involving consideration or interviews of candidates for employment or appointment as the City Attorney, personnel matters involving the performance and salaries of Constitutional Officers, the acquisition of real property for a public purpose, consultation with legal counsel pertaining to a pending case, specifically Sims v. Labowitz in the Federal Court of Appeals for the 4th Circuit, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the City, and for discussion of a public contract involving the Shared Services Agreement with Prince William County, because discussion in an open meeting 25 8

26 December 11, 2017 would adversely affect the bargaining position or negotiating strategy of the public body. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the City Attorney. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the Constitutional Officers. Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, the Chief of Police, and the Deputy City Manager would be included in the closed meeting discussion regarding the Sims v. Labowitz case. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Community Development Director, and the Deputy City Manager would be included in the closed meeting discussion regarding a public contract involving the Shared Services Agreement with Prince William County. The City Council retired to the closed meeting at 7:25 p.m. After the public hearings were closed and consequent action taken on those items, the following closed meeting authorization motion was made: VICE MAYOR AVENI MOVED that Council convene in a closed meeting to discuss the following, as permitted by Virginia Code A (1), A (3), A (7), and A (29): a personnel matter involving consideration or interviews of candidates for employment or appointment as the City Attorney, personnel matters involving the performance and salaries of Constitutional Officers, the acquisition of real property for a public purpose, consultation with legal counsel pertaining to a pending case, specifically Sims v. Labowitz in the Federal Court of Appeals for the 4th Circuit, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the City, and for discussion of a public contract involving the Shared Services Agreement with Prince William County, because discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the City Attorney. Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the Constitutional Officers. 26 9

27 December 11, 2017 Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, the Chief of Police, and the Deputy City Manager would be included in the closed meeting discussion regarding the Sims v. Labowitz case. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Community Development Director, and the Deputy City Manager would be included in the closed meeting discussion regarding a public contract involving the Shared Services Agreement with Prince William County. The City Council retired to the closed meeting at 8:25 p.m. 10) Certify the Closed Meeting 10.1 Certification of a Closed Meeting VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 7:50 p.m. Following the second closed meeting, the certification motion below was made: VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 10:17 p.m. 11) Action Following the Closed Meeting 11.1 Consideration of Employment and Salaries for Appointed and Constitutional Officers of the City of Manassas COUNCIL MEMBER ELSTON MOVED that the City Manager be given the authorization to hire S. Craig Brown to fill the position of City Attorney at a salary of $175,000; that the salary of the Commissioner of the Revenue be increased by 3% to $120, and that the salary of the Treasurer be increased by 10% to $94,036.80, effective December 31, Seconded by Council Member Wolfe. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED

28 December 11, 2017 A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 10:18 p.m. MAYOR CITY CLERK DATE APPROVED 28 11

29 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Consent Agenda Commendation: Honoring Radford University Panhellenic Council Approve If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that the Commendation honoring the Radford University Panhellenic Council be approved. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: N/A N/A N/A N/A Ronald King, Social Services Director Ronald.King@dss.virginia.gov (703) ext

30 COMMENDATION WHEREAS, The Panhellenic Council is a values-based organization made up of seven sororities; and WHEREAS, The Panhellenic Sororities live their mission of providing thousands of dollars in philanthropic support to dozens of worthy causes and pursuing thousands of additional hours in community services; and WHEREAS, The Panhellenic Council supports programs that help to provide services to foster children and other youth who are in need; and WHEREAS, The Panhellenic Council has allotted $7, for the City of Manassas Department of Social Services for the well-being of Foster children and other youth; and WHEREAS, The Panhellenic Council currently has given $3, to the City of Manassas Department of Social Services and its Team Quest program; and WHEREAS, The Panhellenic Council recognized that individuals, no matter their circumstances, have hopes and dreams for themselves and their communities, and that the Sororities remain true to their core principles in providing support for communities to reach their goals to enhance the lives of families in their communities. NOW, THEREFORE, I Harry J. Parrish II, Mayor of the City of Manassas, Virginia and on behalf of the Manassas City Council, hereby thank and commend the Radford University Panhellenic Council for its care, compassion, and generous financial contribution to the City s Social Services programs and the citizens of Manassas. Harry J. Parrish II, Mayor On behalf of the City Council of Manassas, Virginia ATTEST: 30 Andrea P. Madden, City Clerk

31 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Consent Virginia Department of Health Contract Approve If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that the Virginia Department of Health Contract be approved. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: January 23, 2017 The City contracts annually with the Virginia Department of Health to provide services to the citizens of the City of Manassas. The Prince William County Health Department has sent the contract for FY N/A Fiscal Impact: FY 2017 Budget is $195,000 Contract amount is $187,269 Staff Contact: W. Patrick Pate, City Manager ppate@manassasva.gov (703)

32 32

33 33

34 34

35 35

36 36

37 37

38 38

39 39

40 40

41 41

42 42

43 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Consent Agenda Resolution #R : Honoring Carl V. Crawford for his Thirty Years of Service to the City of Manassas Approve Resolution #R If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that Resolution #R be approved. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: Captain Carl V. Crawford is retiring from the City of Manassas after serving the City for 30 Years. N/A N/A Doug Keen, Chief of Police dkeen@manassasva.gov (703)

44 MOTION: January 8, 2018 Regular Meeting SECOND: Resolution # - R RE: Honoring Carl V. Crawford for his Thirty Years of Service to the City of Manassas WHEREAS, Captain Crawford began his career with the City of Manassas Police Department as an officer in 1987, rising through the ranks to become of great service to the community; and WHEREAS, Captain Crawford was promoted from Officer to Sergeant in 1999, to Lieutenant in 2002, and has served as a Captain for the City of Manassas Police Department since July 5, 2010; and WHEREAS, in 2006, Captain Crawford graduated from the FBI National Academy Session #224 and over the years has accumulated thirty (30) years of experience in all facets and levels of police work; and WHEREAS, Captain Crawford was awarded the Medal of Merit in 2010, has earned numerous commendations for his actions, was selected as Officer of the Month numerous times, and has received many letters of noteworthy performance; and WHEREAS, during his time with the Manassas City Police Department, Captain Crawford has served as the Commander of all three divisions, Administrative, Investigative, and Patrol, within the department; and WHEREAS, Captain Crawford has been a Field Training Officer, Narcotics Detective, Community Police Supervisor, a member of the Bike Unit, and held many certifications such as Evidence Technician and Crisis Negotiator; and WHEREAS, Captain Crawford has created a departmental culture that instills education, training, community service, and excellence in all aspects of the law enforcement mission; and WHEREAS, Captain Crawford has helped make the City of Manassas a safer and more enjoyable place to live while demonstrating an unwavering commitment to the Police Department s reputation, professional standing, and to the citizens of the City of Manassas. 44

45 January 8, 2017 Regular Meeting Res. No. R Page Two NOW, THEREFORE, BE IT RESOLVED that I, Harry J. Parrish II, Mayor of the City of Manassas and on behalf of the Manassas City Council, hereby publicly commend, recognize, and thank Captain Carl V. Crawford for his exceptional dedication and professionalism with which he has executed his duties during his thirty years of service to the City of Manassas and its citizens as a member of the Police Department. Further, the Manassas City Council wishes Captain Crawford good health, happiness and fulfillment that he so richly has earned in his upcoming retirement. ATTEST: Harry J. Parrish II Mayor On behalf of the City Council Of Manassas, Virginia Andrea Madden City Clerk Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 45

46 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Consent Resolution #R : Appointments from the Greater Manassas Fire and Rescue Committee Approve If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that Resolution #R be approved. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: January 23, 2017 In accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article III, Section 60-27, the Rescue Squad shall nominate two members for service on the Fire and Rescue Committee for appointment by the City Council. N/A N/A Rob Clemons, Fire and Rescue Chief rclemons@manassasva.gov (703)

47 MOTION: January 8, 2018 Regular Meeting SECOND: Res. No. R RE: RESOLUTION REGARDING NEW APPOINTMENTS TO THE FIRE AND RESCUE COMMITTEE AS A RESULT OF THE ANNUAL ELECTION OF OFFICERS OF THE GREATER MANASSAS VOLUNTEER RESCUE SQUAD (GMVRS) FOR THE YEAR BEGINNING JANUARY 1, 2018 WHEREAS, in accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article II, Section 60-27, The Rescue Squad shall nominate two members for service on the Fire and Rescue Committee for appointment by the City Council; and WHEREAS, at the election noted above held on December 20, 2017, Pete Rockx was elected President of the Greater Manassas Volunteer Rescue Squad and Nancy Orndoff was elected Chief of the Greater Manassas Volunteer Rescue Squad for the year beginning January 1, 2018; and WHEREAS President Pete Rockx and Chief Nancy Orndoff have been nominated by the Greater Manassas Volunteer Rescue Squad (GMVRS) to serve on the Fire and Rescue Committee. NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby appoint President Pete Rockx and Chief Nancy Orndoff to serve on the Fire and Rescue Committee effective January 1, ATTEST: Harry J. Parrish II MAYOR On behalf of the City Council of Manassas, Virginia Andrea P. Madden City Clerk Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 47

48 48

49 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Consent Resolution #R : Accepting the Results of the Annual Election of Officers of the Greater Manassas Volunteer Rescue Squad Approve If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that Resolution #R be approved. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: January 23, 2017 In accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article III, Section 60-24, all officers of the Rescue Squad shall be annually elected by members of the company. Officers so elected shall be certified to the City Council immediately after election, and before they assume the responsibilities of their respective offices, together with a complete and correct roster of the company listing each member by name and giving that member s level of certification(s). N/A N/A Rob Clemons, Fire and Rescue Chief rclemons@manassasva.gov (703)

50 MOTION: January 8, 2018 Regular Meeting SECOND: Res. No. R RE: RESOLUTION ACCEPTING THE RESULTS OF THE ANNUAL ELECTION OF OFFICERS OF THE GREATER MANASSAS VOLUNTEER RESCUE SQUAD FOR THE YEAR BEGINNING JANUARY 1, 2018 WHEREAS, in accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article III, Section 60-24, all officers of the Rescue Squad shall be annually elected by members of the company. Officers so elected shall be certified to the City Council immediately after election, and before they assume the responsibilities of their respective offices, together with a completed and correct roster of the company listing each member by name and giving that member s level of certification(s); WHEREAS, the elected noted above for officers of the Greater Manassas Volunteer Rescue Squad for the year beginning January 1, 2018 was held on December 20, 2017; and WHEREAS, the officers elected by the Greater Manassas Volunteer Rescue Squad possess the certifications to serve, as required by the adopted Fire and Rescue System Uniform Rank Structure Policy. NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby accept the results and certifications as presented. ATTEST: Harry J. Parrish II Mayor On behalf of the City Council Of Manassas, Virginia Andrea P. Madden City Clerk Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 50

51 51

52 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: 5 minutes Resolution #R , Pierce Funeral Home Columbarium, 9609 Center Street, and 9406 and 9412 Stonewall Road Approve Resolution #R I move that Resolution #R be approved. Public Hearing - December 11, 2017 Consideration of a request for a special use permit to permit a columbarium in conjunction with the existing funeral home and crematory. Planning Commission November 1, 2017 (Recommended Approval 6/0) N/A Kelly E. Davis, AICP, Senior Planner kdavis@manassasva.gov (703)

53 MOTION: January 8, 2018 Regular Meeting SECOND: Res. No. R RE: Special Use Permit # : Pierce Funeral Home, 9609 Center St., 9406 Stonewall Rd., 9412 Stonewall Rd. WHEREAS, Pierce & Price LLC, has applied for a special use permit amendment, pursuant to of the Manassas City Zoning Ordinance to allow a columbarium in conjunction with the existing funeral home previously approved under SUP # ; and WHEREAS, the Community Development staff has reviewed the application and RECOMMENDS APPROVAL subject to specific conditions; and WHEREAS, the City of Manassas Planning Commission held a public hearing on November 1, 2017, after full compliance with all state code public hearing notice and posting requirements and RECOMMENDS APPROVAL subject to specific conditions; and WHEREAS, the Manassas City Council held a public hearing on December 11, 2017, after full compliance with all state code public hearing notice and posting requirements; and WHEREAS, among the purposes of zoning called out in Chapter of the Code of Virginia is to facilitate the creation of convenient, attractive, and harmonious community ; and WHEREAS, among the matters to be considered in drawing and applying zoning ordinances and districts called out in Chapter of the Code of Virginia is the suitability of property for various uses ; and WHEREAS, the City Council upon careful consideration finds that approval of SUP # is justified by public necessity and convenience and general welfare, and is consistent with reasonable zoning practices, and that the cumulative effect of the activity proposed will not be detrimental to the character and development of the adjacent land, and is in reasonable harmony with the City s land use plan and policies; and WHEREAS, the Council finds that a comprehensive list of conditions and safeguards can eliminate or mitigate the negative impacts of the proposed development sufficiently to justify approval. 53

54 January 8, 2018 Regular Meeting Res. No. R Page Two NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby APPROVE SUP # in regular session this 8 th Day of January 2018, subject to the conditions listed on the attached pages. Harry J. Parrish II Mayor On behalf of the City Council of Manassas, Virginia ATTEST: Andrea P. Madden City Clerk Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 54

55 Special Use Permit Conditions SUP# , Pierce Funeral Home 9609 Center Street and 9406/9412 Stonewall Road December 8, 2017 In addition to compliance with all applicable zoning, subdivision, and Design & Construction Standards Manual (DCSM) requirements, the development and use of the designated property shall be subject to the following conditions: 1. This special use permit for a Place of Assembly (50 or more persons) for a funeral home, Cemetery (columbarium area), and Crematory. 2. Special Use Permit # shall replace and supersede Special Use Permit # Center Street: The site and building shall be developed and operated in general conformance with the GDP entitled, "Pierce Funeral Home" prepared by Ross, France and Ratliff, Ltd. dated November 4, 2011, and last revised May 3, 2012, except as modified to accommodate the entrance to the columbarium area and to provide parking lot landscaping between the existing parking lot and the columbarium area meeting the minimum requirements of the DCSM. As depicted on the GDP, the applicant shall plant a double row of evergreen trees to the east facing Stonewall Road at the earliest practical opportunity, but no later than September 30, /9412 Stonewall Road: The site, subject to final engineering, shall be developed and operated in substantial conformance with the Special Use Permit Amendment Plan ( SUP Plan ) entitled Pierce Funeral Home, prepared by Ross-France, and dated October 6, 2017, subject to minor modifications in connection with final engineering. All structures within the columbarium area shall not exceed 15-feet in height Center Street: The building shall be developed and operated in general conformance with the Floor Plan and Elevations entitled "Pierce Crematory" received November 10, 2011 and prepared by Beasley Architecture Group, LLC. 6. All activity shall be conducted inside the building only, with the exception of organizing the vehicle stacking for funeral processions and activity within the columbarium area. The delivery/unloading of remains shall occur inside the building. 7. There shall be no activities in the Celebration of Life room while the Chapel is occupied except for activities, such as a repast, related to a service in the Chapel. SUP # , Pierce Funeral Home, 9609 Center Street and 9406/9412 Stonewall Road December 8, 2017 Page 1 of 3 55

56 8. The height to the top of the fixture of any freestanding parking lot lights shall not exceed 24 feet from grade and shall be equipped with box-type light fixtures that direct light downward and inward to prevent light spillover onto adjacent properties. All exterior lighting attached to the building and within the columbarium area shall also be so arranged and shielded. 9. Vehicle stacking for funeral processions on public streets shall be prohibited. 10. For traffic management purposes, upon request by the City of Manassas Police Department, coordination shall be made with the Prince William County Sheriff's Department and the City of Manassas Police Department. 11. There shall be no more than two curb cuts on Route 28. Vehicular access onto Stonewall Road shall be prohibited. 12. As a condition of final site plan approval, the portion of 9406 Stonewall Road labeled as Right-of-Way Dedication shall be dedicated to the City for frontage improvements on Stonewall Road to be constructed in conjunction with the improvements to the columbarium area. 13. There shall be one freestanding sign located on the property and no wall signs. The freestanding sign shall be a monument design and shall not exceed forty square feet. The design of said sign shall be substantially similar in style to that sign located at Lee Funeral Home. Directional signs not exceeding four square feet each shall also be permitted. The base of the monument sign and all entrance signage shall be planted with a mixture of shrubs and/or perennials in such as fashion that sight distance is not impaired. 14. The Applicant shall obtain the appropriate license from the Virginia Cemetery Board and create a perpetual care trust fund for maintenance of the columbarium in accordance with Section of the Code of Virginia. At the time of site plan approval, the Applicant shall dedicate an ingress-egress easement across Applicant s adjoining parcel to an entrance on Center Street (Route 28), as well as provide an easement for at least three (3) parking spaces reserved for the use of visitors to the columbarium. Said ingress-egress easement and parking spaces may be relocated to accommodate development of the adjoining parcel. Prior to the sale of the first niche or columbarium inurnment, the Owner shall record a covenant over the entire columbarium which restricts the use of the property solely as a columbarium. SUP # , Pierce Funeral Home, 9609 Center Street and 9406/9412 Stonewall Road December 8, 2017 Page 2 of 3 56

57 15. The use of this property shall be in compliance with all federal, state, and local ordinances. Crematory Operations: 16. The hours of operation of the two crematoria shall be 8:00 am to 9:00 pm. There shall be no more than four (4) human cremations per day. 17. The crematory operator must maintain the Cremation Association of North America certification or other appropriate certification to operate the cremation center on site. 18. The applicant must receive an Environmental Protection Agency (through the Virginia Department of Environmental Quality) Air Discharge Permit or other similar permit from the State prior to the issuance of an occupancy permit for the crematory portion of the business. In addition, upon request, the applicant shall provide a copy of the annual inspection letter from the State to the City. If any part of the crematory unit does not pass inspection, the crematory must cease operation until a satisfactory inspection has been completed and approved State letter provided to the City. 19. The applicant shall install the Mathews International Power Pak II Smoke Buster 140 cremation equipment or equivalent, and shall contract for monitoring offered by Matthews International to ensure proper functioning of that equipment. 20. The pet crematory may have a maximum of three (3) attendees associated with a cremation. The applicant shall advise clients of this condition. Further deliveries shall be by pet owner only or the funeral home may pick up pets from commercial sources such as veterinary clinics. Delivery from commercial sources, such as veterinary clinics, shall be prohibited. The applicant shall designate a cooler for pets to the extent necessary to accommodate any backup in pets awaiting cremation. Matthew D. Arcieri, Zoning Administrator Date This signature certifies that these conditions were approved by the Manassas City Council as part of the above referenced special use permit. SUP # , Pierce Funeral Home, 9609 Center Street and 9406/9412 Stonewall Road December 8, 2017 Page 3 of 3 57

58 58

59 59

60 60

61 61

62 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: Recommendation: Motion: Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: 10 minutes Agreements: Memorandums of Understanding with Constitutional Officers Approve the Memorandums of Understanding with Constitutional Officers I move that the Memorandums of Understanding with the Constitutional Officers be approved. N/A Under Virginia law, constitutional officers are legally independent from their local governments. These memoranda establish and clarify what employment policies, procedures, and benefits apply to employees of Constitutional Officers, with separate memoranda to address supplemental compensation for Constitutional Officers. Personnel Committee November 16, 2017 (Recommended Approval 3/0) N/A Darla J. Hicks dhicks@manassasva.gov (703)

63 CONSTITUTIONAL OFFICER S AGREEMENT THIS AGREEMENT made and entered into this day of, 2018, by and between, the Commissioner of the Revenue of the City of Manassas, Virginia, (hereinafter referred to as the Constitutional Officer ) and the City Council of the City of Manassas, Virginia, a municipal corporation of the Commonwealth of Virginia (hereinafter the municipal corporation is referred to as the City and its governing body as the City Council ). RECITALS: WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth Virginia provides for the City s voters to elect a City Treasurer and Commissioner of the Revenue as the Constitutional Officers of the City of Manassas, Virginia; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, employees (but not deputies) of Constitutional Officers may be accepted into a local governing body s grievance procedure or personnel system if agreed to by both the Constitutional Officer and the local governing body; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, the City shall provide annual leave, sick leave, and legal holidays for the deputies and employees of the Constitutional Officers; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers, their deputies and employees in such amounts as it may deem expedient; and WHEREAS, Deputies of the Constitutional Officer serve at the will of the Constitutional Officer as appointees of an elected official, and the terms of all deputies end (if not terminated sooner) upon the termination of the Constitutional Officer s term, whether by resignation, removal, expiration of term of office, death, or other cause; NOW, THEREFORE, this Agreement WITNESSETH: That for and in consideration of the premises and the mutual covenants contained herein, and other good and valuable considerations, the receipt of which hereby acknowledged, the parties hereto agree as follows: A. The Recitals are hereby incorporated as substantive portions of this Agreement. B. The Constitutional Officer shall: 1 63

64 1. Administer for his/her deputies and employees the Employee Handbook and all standard operating procedures of the City government except for the grievance procedure. Deputies and employees of the Constitutional Officer are not covered under the City s Grievance Procedure. 2. Recruit and employ personnel in accordance with the procedures of the City s personnel department. The employment decision is the sole prerogative of the Constitutional Officer. However, the individual hired must meet the minimum qualifications of the job as outlined in the job description. 3. Employ no personnel in excess of that authorized by the State Compensation Board without the express prior consent of the City Council. 4. Review with the City Manager and/or the Director of Finance regarding the preparation and presentation of the Compensation Board budget prior to submittal. Seek reimbursement from the Compensation Board for all allowable expenses. 5. Meet with the City Council whenever the need arises or whenever either the City Council or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 6. Comply with all procedures, including compliance with the audit management letter, applicable to the Constitutional Officer s office set forth in the City Council s adopted policies. 7. Provide financial or informational reports as requested by the City Council or City Manager. C. The City Council shall: 1. Support and contribute to the Constitutional Officer s compensation to fund the City s share of the State s mandated salary. In addition, the City Council has assigned the Constitutional Officer to a grade in the City s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. The supplementary compensation for the Constitutional Officer shall include the City s contribution to the local retirement system, the Virginia Retirement System, and fringe benefits offered by the City to include group hospitalization, group life insurance, worker s compensation insurance, accident and sickness insurance and long-term disability insurance. 2. Accept the deputies and employees of the Constitutional Officer into the City s personnel system. The deputies and employees may participate in any and all fringe benefits offered to permanent employees of the City. 3. Provide assistance and services to the Constitutional Officer concerning personnel 2 64

65 matters through its Department of Human Resources. 4. Meet with the Constitutional Officer whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 5. Provide office space, office furniture and supplies in accordance with the established City budget policy. D. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of. E. This Agreement shall be in full force and effect from, 20, through December 31, 20 unless terminated sooner. This Agreement terminates automatically upon the termination of the Constitutional Officer s term for any reason. F. Upon the expiration or termination of this Agreement, all obligation to fulfill the mutual promises contained in this Agreement shall cease, and no further payments will be made by the City to the Constitutional Officer or the Constitutional Officer s deputies and employees in excess of the salary mandated by the State Compensation Board. G. This Agreement is made solely for the benefit of the City and the Constitutional Officer, and is not intended to grant any right, benefit, or interest to any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, amend, waive, or vary this Agreement are not subject to the consent of any third party. H. All obligations of the City to make payments under this Agreement are subject to annual appropriations by the City Council. Failure of the City Council to make such appropriations shall be cause for the Constitutional Officer, in his or her sole discretion, to terminate this Agreement upon ten (10) days prior written notice. I. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are no other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Constitutional Officer and the Mayor, after due authorization from the City Council. J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Commissioner of the Revenue and Chief Deputy Commissioner of the Revenue, all at their official business addresses of record. IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY COUNCIL of the CITY OF MANASSAS, VIRGINIA, have caused these premises to be signed and their seals 3 65

66 affixed hereto by all due authority. WITNESS: Commissioner of the Revenue FOR THE CITY COUNCIL OF THE CITY OF MANASSAS, VIRGINIA ATTEST: 4 66

67 THIS AGREEMENT made and entered into effective as of the day of January, 2018 ( Effective Date ), by and between Douglas A. Waldron, the duly elected Commissioner of the Revenue for the City of Manassas, Virginia (hereinafter referred to as the Constitutional Officer ), party of the first part; and the City of Manassas, Virginia, a Virginia municipal corporation (hereinafter referred to as the City ), party of the second part. RECITALS: WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth of Virginia provides for the election of a City Treasurer and City Commissioner of the Revenue by the voters of the City of Manassas, Virginia; and WHEREAS, the City Treasurer and the City Commissioner of the Revenue are designated Constitutional Officers; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers in such amounts as it may deem expedient. NOW THEREFORE, this Agreement WITNESSETH: That for and in consideration of the premises and the mutual covenants contained herein, and other good and valuable considerations, the receipt of which hereby acknowledged, the parties hereto agree as follows: A. The Recitals are hereby incorporated as substantive portions of this Agreement. B. The Constitutional Officer shall: 1. Follow City procedures and policies related to the accrual and use of paid sick, annual, and holiday pay and time and attendance. C. The City Council shall: 1. Subject to annual appropriation, support and contribute to the Constitutional Officer s compensation to fund the City s share of the State s mandated salary. In addition, the Council has assigned the Constitutional Officer to a grade in the City s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. 1 67

68 2. The supplementary compensation for the Constitutional Officer shall include the City s contribution to the Virginia Retirement System, and fringe benefits offered by the City to include group life insurance, and worker s compensation insurance, and accrual of sick leave, annual leave, and discretionary leave under the City s leave programs. The parties understand and acknowledge that the provision of supplementary compensation is provided at the sole discretion of City Council in accordance with budgetary and other considerations. 3. Nothing in this Agreement shall be construed to obligate the City of Manassas to the continued provision of such discretionary compensation. D. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of. E. This Agreement shall be in full force and effect from, 20, through December 31, 20 unless terminated sooner. This Agreement terminates automatically upon the termination of the Constitutional Officer s term for any reason. F. Upon the expiration or termination of this Agreement, all obligations to fulfill the mutual promises contained in this Agreement shall cease, and no further payments will be made by the City to the Constitutional Officer in excess of the salary mandated by the State Compensation Board. G. This Agreement is made solely for the benefit of the City and the Constitutional Officer, and is not intended to grant any right, benefit, or interest to any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, amend, waive, or vary this Agreement are not subject to the consent of any third party. H. All obligations of the City to make payments under this Agreement are subject to annual appropriations by the City Council. Failure of the City Council to make such appropriations shall be cause for the Constitutional Officer, in his or her sole discretion, to terminate this Agreement upon ten (10) days prior written notice. I. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are no other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Constitutional Officer and the Mayor, after due authorization from the City Council. J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Commissioner of the Revenue, all at their official business addresses of record. 2 68

69 IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY COUNCIL of the CITY OF MANASSAS, VIRGINIA, have caused these premises to be signed and their seals affixed hereto by all due authority. WITNESS: Commissioner of the Revenue FOR THE CITY COUNCIL OF THE CITY OF MANASSAS, VIRGINIA ATTEST: 3 69

70 CONSTITUTIONAL OFFICER S AGREEMENT THIS AGREEMENT made and entered into this day of, 2018, by and between, the Treasurer of the City of Manassas, Virginia, (hereinafter referred to as the Constitutional Officer ) and the City Council of the City of Manassas, Virginia, a municipal corporation of the Commonwealth of Virginia (hereinafter the municipal corporation is referred to as the City and its governing body as the City Council ). RECITALS: WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth Virginia provides for the City s voters to elect a City Treasurer and Commissioner of the Revenue as the Constitutional Officers of the City of Manassas, Virginia; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, employees (but not deputies) of Constitutional Officers may be accepted into a local governing body s grievance procedure or personnel system if agreed to by both the Constitutional Officer and the local governing body; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, the City shall provide annual leave, sick leave, and legal holidays for only the deputies and employees of the Constitutional Officers; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers, their deputies and employees in such amounts as it may deem expedient; and WHEREAS, Deputies of the Constitutional Officer serve at the will of the Constitutional Officer as appointees of an elected official, and the terms of all deputies end (if not terminated sooner) upon the termination of the Constitutional Officer s term, whether by resignation, removal, expiration of term of office, death, or other cause; NOW, THEREFORE, this Agreement WITNESSETH: That for and in consideration of the premises and the mutual covenants contained herein, and other good and valuable considerations, the receipt of which hereby acknowledged, the parties hereto agree as follows: A. The Recitals are hereby incorporated as substantive portions of this Agreement. B. The Constitutional Officer shall: 1 70

71 1. Administer for his/her deputies and employees the Employee Handbook and all standard operating procedures of the City government. 2. Recruit and employ personnel in accordance with the procedures on the City s personnel department. The employment decision is the sole prerogative of the Constitutional Officer. However, the individual hired must meet the minimum qualifications of the job as outlined in the job description. 3. Employ no personnel in excess of that authorized by the State Compensation Board without the express prior consent of the City Council. 4. Review with the City Manager and/or the Director of Finance regarding the preparation and presentation of the Compensation Board budget prior to submittal. Seek reimbursement from the Compensation Board for all allowable expenses. 5. Meet with the City Council whenever the need arises or whenever either the City Council or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 6. Comply with all procedures, including compliance with the audit management letter, applicable to the Constitutional Officer s office set forth in the City Council s adopted policies. 7. Provide financial or informational reports as requested by the City Council or City Manager. C. The City Council shall: 1. Support and contribute to the Constitutional Officer s compensation to fund the City s share of the State s mandated salary. In addition, the City Council has assigned the Constitutional Officer to a grade in the City s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. The supplementary compensation for the Constitutional Officer shall include the City s contribution to the local retirement system, the Virginia Retirement System, and fringe benefits offered by the City to include group hospitalization, group life insurance, worker s compensation insurance, accident and sickness insurance and long-term disability insurance. 2. Accept the deputies and employees of the Constitutional Officer into the City s personnel system. The deputies and employees may participate in any and all fringe benefits offered to regular employees of the City. 3. Accept the Constitutional Officer s employees (but not the Chief Deputy) into the City s grievance procedure. 2 71

72 4. Meet with the Constitutional Officer whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 5. Provide office space, office furniture and supplies in accordance with the established City budget policy. D. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of. E. This Agreement shall be in full force and effect from, 20, through December 31, 20 unless terminated sooner. This Agreement terminates automatically upon the termination of the Constitutional Officer s term for any reason. F. Upon the expiration or termination of this Agreement, all obligation to fulfill the mutual promises contained in this Agreement shall cease, the employees of the Constitutional Officer shall no longer be covered by the grievance procedure (even if a grievance is then pending), and no further payments will be made by the City to the Constitutional Officer or the Constitutional Officer s deputies and employees in excess of the salary mandated by the State Compensation Board. G. This Agreement is made solely for the benefit of the City and the Constitutional Officer, and is not intended to grant any right, benefit, or interest to any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, amend, waive, or vary this Agreement are not subject to the consent of any third party. H. All obligations of the City to make payments under this Agreement are subject to annual appropriations by the City Council. Failure of the City Council to make such appropriations shall be cause for the Constitutional Officer, in his or her sole discretion, to terminate this Agreement upon ten (10) days prior written notice. I. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are no other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Constitutional Officer and the Mayor, after due authorization from the City Council. J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Treasurer and Chief Deputy Treasurer, all at their official business addresses of record. 3 72

73 IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY COUNCIL of the CITY OF MANASSAS, VIRGINIA, have caused these premises to be signed and their seals affixed hereto by all due authority. WITNESS: Treasurer FOR THE CITY COUNCIL OF THE CITY OF MANASSAS, VIRGINIA ATTEST: 4 73

74 THIS AGREEMENT made and entered into effective as of the day of January, 2018 ( Effective Date ), by and between Patricia Richie-Folks, the duly elected Treasurer for the City of Manassas, Virginia (hereinafter referred to as the Constitutional Officer ), party of the first part; and the City of Manassas, Virginia, a Virginia municipal corporation (hereinafter referred to as the City ), party of the second part. RECITALS: WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth of Virginia provides for the election of a City Treasurer and City Commissioner of the Revenue by the voters of the City of Manassas, Virginia; and WHEREAS, the City Treasurer and the City Commissioner of the Revenue are designated Constitutional Officers; and WHEREAS, in accordance with Section of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers in such amounts as it may deem expedient. NOW THEREFORE, this Agreement WITNESSETH: That for and in consideration of the premises and the mutual covenants contained herein, and other good and valuable considerations, the receipt of which hereby acknowledged, the parties hereto agree as follows: A. The Recitals are hereby incorporated as substantive portions of this Agreement. B. The Constitutional Officer shall: 1. Follow City procedures and policies related to the accrual and use of paid sick, annual, and holiday pay and time and attendance. C. The City Council shall: 1. Subject to annual appropriation, support and contribute to the Constitutional Officer s compensation to fund the City s share of the State s mandated salary. In addition, the Council has assigned the Constitutional Officer to a grade in the City s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. 1 74

75 2. The supplementary compensation for the Constitutional Officer shall include the City s contribution to the Virginia Retirement System, and fringe benefits offered by the City to include group life insurance, and worker s compensation insurance, and accrual of sick leave, annual leave, and discretionary leave under the City s leave programs. The parties understand and acknowledge that the provision of supplementary compensation is provided at the sole discretion of City Council in accordance with budgetary and other considerations. 3. Nothing in this Agreement shall be construed to obligate the City of Manassas to the continued provision of such discretionary compensation. D. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of. E. This Agreement shall be in full force and effect from, 20, through December 31, 20 unless terminated sooner. This Agreement terminates automatically upon the termination of the Constitutional Officer s term for any reason. F. Upon the expiration or termination of this Agreement, all obligations to fulfill the mutual promises contained in this Agreement shall cease, and no further payments will be made by the City to the Constitutional Officer in excess of the salary mandated by the State Compensation Board. G. This Agreement is made solely for the benefit of the City and the Constitutional Officer, and is not intended to grant any right, benefit, or interest to any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, amend, waive, or vary this Agreement are not subject to the consent of any third party. H. All obligations of the City to make payments under this Agreement are subject to annual appropriations by the City Council. Failure of the City Council to make such appropriations shall be cause for the Constitutional Officer, in his or her sole discretion, to terminate this Agreement upon ten (10) days prior written notice. I. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are no other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Constitutional Officer and the Mayor, after due authorization from the City Council. J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Treasurer, all at their official business addresses of record. 2 75

76 IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY COUNCIL of the CITY OF MANASSAS, VIRGINIA, have caused these premises to be signed and their seals affixed hereto by all due authority. WITNESS: Treasurer FOR THE CITY COUNCIL OF THE CITY OF MANASSAS, VIRGINIA ATTEST: 3 76

77 4 77

78 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: January 8, 2018 Time Estimate: Agenda Title: 10 minutes Public Hearing: SUP # : Youlen Enterprises, Inc. Home Business Foxborough Court Recommendation: Close the public hearing and schedule action for Monday, January 22, Motion: I move that the public hearing be closed and action scheduled for Monday, January 22, Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: N/A Consideration of a request for a special use permit for a Home Business to allow customer pickup of products associated with the applicant s business. The applicant is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the dealing, manufacturing, and assembly of firearms. Planning Commission November 1, 2017 and December 6, 2017 (Recommended Approval 6/0) N/A Kelly Davis, AICP, Senior Planner kdavis@manassasva.gov (703)

79 CITY OF MANASSAS CITY COUNCIL STAFF REPORT YOULEN ENTERPRISES, INC. SUP # Proposed Use: This is a request for a special use permit for a Home Business to allow customer pickup of products associated with the applicant s business. The applicant is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the dealing, manufacturing, and assembly of firearms. Location: The subject property is located at Foxborough Court, approximately 450 feet south of the intersection of Foxborough Court and Hastings Drive. Existing Zoning: R-2, Single Family Residential (Moderate Density) Parcel Size: 0.15 acres Comprehensive Plan Designation: Suburban Neighborhood Date Accepted for Review: October 4, 2017 Planning Commission Hearing: November 1, 2017 City Council Hearing: January 8,

80 MEMORANDUM CITY OF MANASSAS Department of Community Development SUP # , Youlen Enterprises, Inc Foxborough Court Public Hearing Dates: Planning Commission: November 1, 2017 City Council: January 8, 2018 Recommendation: Staff: Approve Planning Commission: Approve OVERVIEW OF REQUEST Request: To consider a special use permit for a Home Business to allow customer pickup of products associated with the applicant s business. The applicant is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the dealing, manufacturing, and assembly of firearms. Surrounding Land Uses: Single Family Residential, Moderate Density (Owens Brooke) Single Family Residential, Moderate Density (Cedar Crest) Prince William County SUP # , Youlen Enterprises, Inc. January 4, 2018 Page 2 80