January 9, 2006
A Regular meeting and Public Hearing of the Council of the City of
Manassas, Virginia was held in the Council Chambers, City Hall on the above
date with the following present: Mayor Douglas S. Waldron, Council Members Judith
S. Hays, Jackson H. Miller, Bob Oliver, Harry J. Parrish II, J. Steven
Randolph and Steven S. Smith, City Manager Lawrence
D. Hughes, City Attorney Robert W. Bendall, Deputy City Attorney Martin R.
Crim, Chief of Police John J. Skinner, Director of Community Development
Elizabeth S. Via, Director of Public Works Michael C. Moon, Director of
Utilities John Hewa and City Clerk Kimberly D.
Allen.
Mayor
Waldron called the meeting to order at 5:31 p.m. and lead those present in the
invocation and Pledge of Allegiance to the flag.
City
Attorney Report
The
City Attorney reported on the following:
1.
Reported on the James M.
Banner, Jr. lawsuit.
2.
Reported on filing the
Answer and Grounds of Defense
and
Motion for Demurrer for the Ralley-Miller Properties, No. 1 lawsuit.
3.
Reported on filing the Answer and Jury Demand, Defendant’s First Set of
Interrogatories to Plaintiff and Defendant’s First Request for Production of
Documents to Plaintiff in the Moore Brothers, Incorporated lawsuit.
City Manager Report
The
City Manager reported on the following items:
1.
Introduced Ray Spicer,
new Director of Social Services
and
welcomed him to the City.
Chief of Police Report
The Chief of Police stated he had no report.
Council
Time
Council
Member Parrish commented he would be working with the City Attorney and staff
to increase competition for cable TV service in the City.
Council
Member Hays asked the status of a work session being scheduled to discuss the
Carper House. The City Manager commented the Museum Director and Historic
Resources Board were preparing information for this meeting and it would be
scheduled once information was received. Ms. Hays asked the status of
establishing criteria for the Fire Museum Task Force. The City Manager replied
he would work on establishing guidelines for the Personnel Committee to review.
Council
Member Randolph commented he represented the City at a breakfast announcing the
new CEO of the Greater Washington Area Boys and Girls Club and requested they
be invited to a City Council Meeting.
Mayor
Time
Mayor
Waldron presented awards to the winners of the Greater Manassas 2005 Christmas
Parade.
Mayor
Waldron gave the State of the City Address.
January 9, 2006
Consent Agenda.
Item 1. Approve City Council Minutes of Special
Meeting of November 22, Regular Meeting of November 28, Special Meeting of December
5, Regular Meeting of December 12, Special Meeting of December 14 and Special
Meeting and Public Hearings of December 19, 2005.
COUNCIL
MEMBER PARRISH MOVED that the minutes of November 22, 28, December 5, 12, 14
and 19, 2005 be approved. Seconded by Council Member Hays. Roll call vote:
AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION
CARRIED.
Item 2. Consideration of Request To Reduce
The Performance Bonds For Gunning Motors – Manassas Dodge, SP #03-09 From
$676,297 To $135,259.40 (80% Reduction) And Liberty Commons, SP #05-02, From
$364,348.40 To $182,174.20 (80% Reduction From Original of $910,871).
COUNCIL
MEMBER PARRISH MOVED the request to reduce the performance bond (surety) for
Gunning Motors – Manassas Dodge, SP #03-09 from the original $676,297 to
$135,259.40 (80% reduction) and Liberty Commons, SP #05-02, performance bond
(letter of credit) from $364,348.40 to $182,174.80 (80% reduction from original
amount of $910,871) be approved in accordance with the Certificate of
Compliance as signed by Gene Jennings, Deputy Director of Public Works.
Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays,
Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item
3. Consideration Of 2006 Appointments And/Or Reappointments To The Council Of
Government (COG) Policy Boards/Committees By The City of Manassas.
COUNCIL
MEMBER PARRISH MOVED the 2006 appointments and/or reappointments to the Council
of Government (COG) Policy Boards/Committees by the City of Manassas be
approved. Seconded by Council Member Hays. Roll call vote: AYES: Council
Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item 4. First Reading Of Ordinance #2006-44-O
Amending The FY 2006 Budget By Budgeting And Appropriating $62,500 Historic
Preservation Grant Funds From The Commonwealth of Virginia For Rehabilitation
And Restoration Of The Liberia Plantation House.
COUNCIL
MEMBER PARRISH MOVED that Ordinance #2006-44-O amending the FY 2006 Budget by
budgeting and appropriating $62,500 Historic Preservation Grant Funds from the
Commonwealth of Virginia for rehabilitation and restoration of the Liberia
Plantation House be adopted on the firs reading. Seconded by Council Member
Hays. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish,
Randolph and Smith. MOTION CARRIED.
Item 5. First Reading of Ordinance #2006-45-O
Amending The FY 2006 Budget By Budgeting And Appropriating $50,000 Buffer Zone
Protection Program Grant For Security System Upgrades For The Police
Department.
COUNCIL
MEMBER PARRISH MOVED that Ordinance #2006-45-O amending the FY 2006 Budget by
budgeting and appropriating $50,000 Buffer Zone Protection Program Grant for
security
January 9, 2006
system
upgrades for the Police Department be adopted on the first reading. Seconded by
Council Member Hays. Roll call vote: AYES: Council Members Hays, Miller,
Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item 6. First Reading Of Ordinance
#2006-46-O Amending The FY 2006 Budget By Budgeting And Appropriating $27,500
Division Of Motor Vehicles (DMV) Highway Safety Grant For The Police
Department.
COUNCIL
MEMBER PARRISH MOVED that Ordinance #2006-46-O amending the FY 2006 Budget by
budgeting and appropriating $27,500 Division of Motor Vehicles (DMV) Highway
Safety Grant for the Police Department be adopted on the first reading.
Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays,
Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item 7. First Reading of Ordinance
#2006-47-O Amending The FY 2006 Budget By Budgeting And Appropriating $50,000
Community Oriented Policing Services (COPS) For Security Upgrades To Existing
School Infrastructure.
COUNCIL
MEMBER PARRISH MOVED Ordinance #2006-47-O amending the FY 2006 Budget by
budgeting and appropriating $50,000 Community Oriented Policing Services (COPS)
for security upgrades to existing school infrastructure be adopted on the first
reading. Seconded by Council Member Hays. Roll call vote: AYES: Council
Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item 8 was reserved for agenda changes.
Item
9 of the Agenda: Consideration Of Resolution #R-2006-55 For Street Name
Assignment For The New Street Currently Known As The South Grant Avenue
Connector.
COUNCIL
MEMBER RANDOLPH MOVED that Resolution #R-2006-55 for street name assignment for
the new street currently known as the South Grant Avenue Connector to Orchard Lane be adopted. Seconded by Council Member Oliver. Roll call vote: AYES: Council
Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item 10 of the Agenda: Consideration of
Resolution #R-2006-56 For Special Use Permit SUP #2006-04, Dr. Tod Davis, 9213
Park Avenue For A Home Business For A Developmental Optometry Practice.
COUNCIL
MEMBER PARRISH MOVED that Resolution #R-2006-56 for Special Use Permit SUP
#2006-04, Dr. Tod Davis, 9213 Park Avenue for a home business for a
Developmental Optometry Practice be adopted. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Oliver and Parrish. NAYS: Council Members Hays,
Miller, Randolph and Smith. MOTION DEFEATED.
Item 11 of the Agenda: Consideration of
Resolution #R-2006-57 For Special Use Permit SUP #2006-07, Atlantic Sun
Control, 9055 Liberia Avenue To Amend SUP #92-14 Allowing Motor Vehicle And
Engine Repair Of All Types.
COUNCIL
MEMBER RANDOLPH MOVED that Resolution #R-2006-57 for Special Use Permit SUP
#2006-07, Atlantic Sun Control, 9055
January 9, 2006
Liberia
Avenue to amend SUP #92-14
allowing motor vehicle and engine repair of all types be adopted. Seconded by
Council Member Smith. Roll call vote: AYES: Council Members Hays, Miller,
Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Item 12 of the Agenda: First Reading of
Ordinance #O-2006-08 To Amend The Code of Ordinances By Adding Section 110-36
To Implement 2004-2005 Changes To The Personal Property Tax Relief Act of 1998;
Specific Relief.
COUNCIL
MEMBER RANDOLPH MOVED that Ordinance #O-2006-08 to amend the Code of Ordinances
by adding Section 110-36 to implement 2004-2005 changes to the Personal
Property Tax Relief Act of 1998; specific relief be adopted on the first
reading. Seconded by Council Member Miller. Roll call vote: AYES: Council
Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
Items 13 – 16 were reserved for agenda
changes.
Item
17 of the Agenda: Status Report On Site Development And Construction In The City
of Manassas.
Liz
Via, Community Development Director gave report on development activity in the
City to include major rezoning or special use permit applications and site
plans pending or under review by City staff.
There
was no formal action taken on this item.
Item
18 of the Agenda: Consideration Of the Housing Advisory Committee
Recommendations For The Community Development Block Grant Funds For FY 2007.
Brenda Knowles, Housing and Community Partnerships Manager presented the recommendations for the
Community Development Block Grant Funds.
COUNCIL
MEMBER MILLER MOVED the recommendations for the Community Development Block
Grant Funds be approved. Seconded by Council Member Hays. Roll call vote: AYES:
Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION
CARRIED.
Items 19 and 20 were reserved for agenda
changes.
Item
21 of the Agenda: Presentation Of The Housing Choice Voucher Home Purchase
Program And Presentation Of A Certificate Of Recognition To A Home Purchaser
Through The Program.
Brenda Knowles, Housing and Community Partnerships Manager announced the program settled on the
third home purchased in the City on December 12, 2005.
Ms.
Knowles introduced Roberta Parkhurst, home purchaser, and Mayor Waldron
presented her with the Certificate of Recognition.
Items 22 – 23 were reserved for agenda
changes.
Item 24 of the Agenda: Citizens’ Time.
COUNCIL
MEMBER OLIVER MOVED to extend the meeting to 10:00 p.m. Seconded by Council Member
Smith and CARRIED UNANIOUSLY.
January 9, 2006
The following spoke to repeal Ordinance
#O-2006-13:
Jeanette Rishell, Manassas Park
Jeanette
Pash, 8883 Oliver Court #3, Manassas
Ricardo
Villalobos, 6217 Cheryl Drive, Falls Church
Nancy
Lyall, 14186 Logan Court, Woodbridge
Lindy
Garnette, SERVE, 11095 Burwell Road, Nokesville
John
Steinbach, 7615 Lake Drive, Manassas
Joann
Bagnerise, 16668 Malory Court, Dumfries
Carlos
Castro, 12924 Pintail Road, Woodbridge
Dexter
Fox, 8308 Liberia Avenue, Manassas
Kathy
Clark, 7506 MacNichol Lane, Manassas
Robin
Croft, 8925 Longstreet Drive, Manassas
Illana Naylor, 10294 Grant Avenue, Manassas
Ricardo
Juavez, 1773 Rochelle Court, Woodbridge
Carmen
Calataynol, 6217 Cheryl Drive, Falls Church
Mahonrry
Hidalgo, 414 10th Avenue, Belmar New Jersey
Lydia Gonzalez, 4805 Korvett Drive, Woodbridge
Ed
Day, 3795 Ashville Road, Marshall, Virginia
Luis
Parada, 9550 Pine Bough Place, Vienna
Jean Reynolds, 14406 LaMar Road, Woodbridge
Norma
Rodriguez, 9415 Westmoreland Avenue, Manassas
Hank
Azais, 12802 Wishingwell Lane, Bristow
Mark
Hempen, 9311 Prescott Avenue, Manassas
Greg Reynolds, 14406 LaMar Avenue, Woodbridge
Teresa
Gonoy, 8396 Richmond Avenue, Manassas
Lorri
Jackson, 9456 Weeping Willow Drive, Manassas
The
following spoke in favor of Ordinance #O-2006-13:
Gayle
Hinton, 10059 Field Court Manassas
Tom
Phillips, 9291 Veridan Drive, Manassas
Mark
Boston, 9308 Saffron Hill Court, Manassas
Mike
Corbin, 10092 Azalea Grove Drive, Manassas
James
LeClere, 9011 Centreville Road, #83, Manassas
James
Baker, 9629 Park Street, Manassas
David
Core, 8859 Old Lewis Court, Manassas
Gary
Gallahan, 8526 Calvary Lane, Manassas
Edwin
Avila, 8509 Calvary Lane, Manassas
Pat
Fields, 8928 Sweet Briar Street, Manassas
S.
L. Higginbuttom, 8713 Jackson Avenue, Manassas
Partick
Hurd, 9628 Park Street, Manassas
Linda
Bowie, 9847 South Clark Place, Manassas
Marc
Aveni, 9518 Sandy Court, Manassas
Steven
Thomas, 9200 Afton Court, Manassas
Sandi Teets, 10423 Brackets Ford Circle, Manassas
Tony
Kostelecky, 8781 Peabody Street, Manassas
Kim
Rennie, 10250 Battlefield Drive, Manassas
Pam
Sebesky, 8569 Yoder Street, Manassas
Carrie
Oliver, 9200 Afton Court, Manassas
Pablo
Del Agvila, 10243 Battlefield Drive, Manassas
Maureen
Wood, 9522 Sebastian Court, Manassas
Tamara
Thomas, 9200 Afton Court, Manassas
Betty
Malone, 8907 Hazel Drive, Manassas
Ed
Johnson, 9617 Gladstone Court, Chair of Democratic Committee announced a caucus
would be held for election of members and invited citizens to attend.
Van
Fuller, 9071 Reynolds Place, expressed concern for children in her neighborhood
due to a proposed car wash being planned.
COUNCIL
MEMBER OLIVER MOVED to extend the meeting to 10:30 p.m. Seconded by Council
Member Randolph and CARRIED UNANIMOUSLY.
January 9, 2006
The Mayor read an affidavit of publication that
was before him signed by an authorized agent of the Manassas Journal
Messenger newspaper certifying that the public hearing listed on tonight’s
agenda was published in conformance with Virginia law and City ordinances.
Item
25 of the Agenda: Public Hearing On Proposed Amendments To The Fiscal Year
2006 Budget In An Amount Not To Exceed $1,109,000 For The Purchase Of
Regenerative Exhaust Filters For The Electric Generators.
Brett
Massey, Energy Services Manager presented the budget amendment request due to
the Department of Environmental Quality (DEQ) issuing a notice of violation to
the Virginia Municipal Electric Association (VMEA)/City of Manassas for excess visible
emissions (smoke) at the VMEA generation plant located at 9898 Godwin Drive.
Purchase of regenerative exhaust filters for VMEA generators is within the
scope of the operations and maintenance agreement between the City and VMEA.
This item was presented to the Utility Commission in November and to the
Finance Committee in December.
The Mayor invited anyone who wished to do so
address the Council in favor of the budget amendment.
No
one addressed Council.
The
Mayor invited anyone who wished to do so address the Council in opposition of
the budget amendment.
No
one addressed Council.
COUNCIL
MEMBER RANDOLPH MOVED to close the public hearing. Seconded by Council Member
Oliver and CARRIED UNANIMOUSLY.
The public hearing was closed at 10:15 p.m.
Item 26 of the Agenda: First Reading of
Ordinance #2006-42-O Amending The FY 2006 Budget By Budgeting And Appropriating
$1,108,960 For Regenerative Exhaust Filters For The Electric Generators.
COUNCIL
MEMBER PARRISH MOVED that Ordinance #2006-42-O amending the FY 2006 Budget by
budgeting and appropriating $1,108,960 for regenerative exhaust filters for the
electric generators be adopted on the first reading. Seconded by Council Member
Hays. Roll call vote: AYES: Council Members Hays, Oliver, Miller, Parrish,
Randolph and Smith. MOTION CARRIED.
Item 27 of the Agenda: Consideration Of
Resolution #R-2006-54 Procurement Of 15 Regenerative Exhaust Filters From
CleanAir Systems, Inc. For The Virginia Municipal Electric Association
(VEMA)/City of Manassas (City) Electric Generation Plant.
COUNCIL
MEMBER OLIVER MOVED that Resolution #R-2006-54 procurement of 15 regenerative
exhaust filters from CleanAir Systems, Inc. for the Virginia Municipal Electric
Association (VEMA)/City of Manassas (City) Electric Generation Plant. Seconded
by Council Member Hays. Roll call vote: AYES: Council Members Hays, Miller,
Oliver, Parrish, Randolph and Smith. MOTION CARRIED.
January 9, 2006
Items 28 and 29 of the Agenda: Closed Meeting
Resolutions.
The
City Clerk read Resolution #R-2006-58 authorizing a closed session to discuss the
acquisition of real property for a public purpose relating to the Old Town
Parking Deck and to consult with legal counsel with respect to actual
litigation involving Moore Brothers, Inc. seeking alleged contractual damages;
where discussion in open meeting would adversely affect the negotiating or
litigating posture of the public body; pursuant to Section 2.2-3711 paragraphs
(A)(3) and (A) (7) [part 1]; of the 1950 Code of Virginia as amended.
COUNCIL
MEMBER RANDOLPH MOVED that Resolution #R-2006-58 as just read by the City Clerk
be adopted. Seconded by Council
Member
Smith. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph
and Smith. MOTION CARRIED.
Mayor
Waldron announced the City Manager, Deputy City Attorney and Public Works
Director would be attending the closed session relating to the Old Town Parking
Deck.
Mayor
Waldron announced the City Manager and City Attorney would be attending the
closed session relating to the Moore Brothers, Inc. litigation.
Council
Member Parrish disclosed he was a member of Manassas Ice and Fuel Company (MIFCO)
and would not be participating in the closed session relating to the Old Town
Parking Deck.
Council
retired to the closed meeting at 6:55 p.m.
Council
returned from the closed meeting at 7:20 p.m.
The City Clerk read Resolution #R-2006-59
Certification of Closed Meeting.
COUNCIL MEMBER OLIVER MOVED that Resolution
#R-2006-59 as just read by the City Clerk be adopted. Seconded by Council
Member Parrish. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish,
Randolph and Smith. MOTION CARRIED.
Item 30 of the Agenda: (ADDED) Consideration
Of Continued Suspension Of Enforcement Of Zoning Text Amendment; Ordinance
#O-2006-13; Definition of “Family”.
COUNCIL MEMBER HAYS MOVED to continue the
suspension of Ordinance #O-2006-13 until a meeting with the City Attorney is
held. Seconded by Council Member Smith. Roll call vote: AYES: Council Members Hays,
Randolph and Smith. NAYS: Oliver, Miller and Parrish. Mayor broke tie by voting
AYE: MOTION CARRIED.
Motion was duly made, seconded and CARRIED
UNANIMOUSLY to adjourn the meeting.
Mayor Waldron declared the meeting adjourned
at 10:30 p.m.
___________________________ ______________________________
MAYOR CLERK
______________________________
Date
Approved