OFFICIAL MINUTES OF THE REGULAR MEETING OF THE MANASSAS PARK GOVERNING BODY HELD ON TUESDAY, OCTOBER 21, 2003 AT 8:00 PM AT CITY HALL, ONE PARK CENTER COURT MANASSAS PARK, VIRGINIA
1. Roll Call: William J. Treuting, Jr., Mayor
Kevin P. Brendel, Vice Mayor
William R. Wren
Vonna L. Privett
I. Allen Correll
Michael R. Bunner
Noreen C. Slater
Absent: None
Staff Present: Lana A. Conner, City Clerk
David Reynal, City Manager
Dean Crowhurst, City Attorney
Mercury T. Payton, Deputy City Manager
Eric Edmonson, Director of Fiscal Services
The Personnel Committee met at 7:00 pm and interviewed Mridu Tripoathi, 9310 Hedgeford Street for CPMT or Disability Services Board. This appointment will be placed on November 4 agenda.
2. Closed Meeting at 7:00 PM: State Code of Virginia: Freedom of Information Act: Section 2.2-3722(A):
MOTION: Councilmember Brendel moved that the Governing Body will now go into closed meeting to discuss Personnel and School Personnel/Funding (1), to consult with the City Attorney “regarding specific legal matters requiring the provision of legal advice by such counsel”; (7) and public contract negotiations (30) pursuant to paragraphs 1,7, and 30 respectively, of Section 2.2-3711(A) of the Code of Virginia.
SECOND: Councilmember Wren
VOTE ROLL CALL: Yes: Brendel, Wren, Bunner, Correll, Slater, Privett, Treuting
3. Reconvene in Open Meeting:
The Mayor reconvened the regular meeting out of closed meeting at 8:15 pm.
4. Certification of Closed Meeting and addition of items to Agenda due to closed meeting (If Necessary):
MOTION: Councilmember Brendel moved the following Resolution:
WHEREAS, the Governing Body of the City of Manassas Park has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712(d) of the Code of Virginia requires a certification by this public body that such closed meeting was conducted in conformity with Virginia law.
NOW THEREFORE BE IT RESOLVED that the Governing Body of the City of Manassas Park hereby certify that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements under this chapter and
(ii) only such public business matters as were identified in the motion by which the closed session was convened were heard, discussed or considered in the meeting by the public body.
SECOND: Councilmember Slater
VOTE ROLL CALL: Yes: Brendel, Slater, Bunner, Correll, Privett, Wren, Treuting
The Mayor asked for a moment of silence in memory of Cris Maitland who passed away last Thursday.
5. Invocation: Councilmember Wren
6. Pledge of Allegiance: Councilmember Privett
7. Approval of Agenda:
MOTION: Councilmember Wren moved to approve the Agenda as corrected:
11d Request for Funding Study to Compare School Funding Percentage and 11e Treasurer Office Staffing.
SECOND: Councilmember Correll
VOTE: Unanimously passed
8. Citizens Time: There were no citizens wishing to address Governing Body.
8.1 Reserved for Special Announcements:
a. Potomac Rappahannock Transportation Commission: Al Harf: OmniLink Status. Mr. Harf gave an overview of the continuing and new services being provided to the citizens. He gave the Governing Body a copy of the presentation and left copies for citizens who might be interested in this information.
b. Thomas DeBolt, Superintendent of Schools: Copies of Report given to Governing Body.
c. Frank Jones, Chairperson of School Board, gave a brief presentation on school funding and the financial impact of fewer children in the school system than anticipated on FY04 budget. From June until August 2003 school system had 297 children unaccounted for leave the system.
About 140 children replaced them. The system has 175 less students on September 30 of current year than they envisioned. The history of the schools has been the School Board has never missed by more than 20 students a year. State funding is based on each child attending the school system.
The school system has approximately $700,000 in shortfall revenue. The school system with the help of Governing Body is trying to restructure to meet that deficit in current year without impacting anything to do with instructions or students educational programs. Things happening are internal and belt tightening. They have cut back on field trips unless they were mission oriented.
The city and schools must determine if this is a one-time phenomenon or a trend. If it is a trend then it will impact the schools and the city financially. The student count today is the same as it was September 30. Normally there is an increase in students not a decrease by September 30, 2003. The schools are going to try to contact the parents to find out why they left the school system. City and schools must try to undertake an analysis to find out why this many students left the system.
Mr. Jones stated this is not a school phenomenon but a community phenomenon. The schools and Governing Body must figure out what is happening or we are facing a significant change in demographics. The second budget point is March 31 in how they account for students and what drive state revenues. We do not want a similar surprise when planning for next fiscal year.
MOTION: Councilmember Correll moved to authorize the City Manager, City Attorney, Treasurer and School Financial Officer to pursue general obligation funding for $700,000 for lease purchase of buses, and phone system and for renovation to middle school to determine best method of funding that would be most advantageous to the City and Schools to include possible reimbursement of existing expenses incurred by middle school renovations.
SECOND: Councilmember Wren
The City, because they are a taxing authority, will try to provide better interest rates to the schools. Mr. Jones stated the statutory requirement that it be advertised within sixty days with the intent to pull down money for these purchases from point of completion does not apply as the City Attorney gave an opinion that the motion that the School Board passed as they are an instrument of the city will cover that sixty day window and the intent is already advertised.
VOTE ROLL CALL: Yes: Correll, Wren, Brendel, Bunner, Privett, Slater, Treuting
MOTION: Councilmember Slater moved to direct the City Manager to look at the demographics analysis as to what is happening in the City and give a report to Governing Body.
SECOND: Councilmember Brendel
Councilmember Slater would like to find a way to determine why the families have left the city and what is replacing these families. The schools can give addresses and number of students per address that will help the City Manager in this analysis. This will be addressed at a future School Board City Council Liaison Committee.
VOTE: Unanimously passed
9. Reserved including public hearings and decisions:
1. Public Hearing: Prohibition of Exterior Use of Interior Furniture Ordinance:
The Mayor opened the Public Hearing at 9:30 pm.
Citizens have complained about neighbors having code compliance problems including sleeping/living on outdoor porches. This ordinance prohibits inside furniture (beds, upholstered chairs, etc) from being used or stored outside. The Code Committee recommended this ordinance at the September 9, 2003 meeting.
There were no citizens wishing to address this Ordinance.
MOTION: Councilmember Wren moved to close Public Hearing at 9:31 pm.
SECOND: Councilmember Bunner
VOTE: Unanimously passed
ORDINANCE____________________:
MOTION: Councilmember Privett moved to approve accept recommendation of Code Committee and approve Ordinance to amend Chapter 13, Garbage and trash, of the Code of the City of Manassas Park, Virginia to prohibit the use of interior furniture being stored and used outside within the corporate limits of the City with correction Section 13-6 Outdoor Storage and Use of Interior (change Interior to Indoor) Furniture Prohibited.
SECOND: Councilmember Slater
This ordinance will be advertised on cable, web site and newsletter.
VOTE ROLL CALL: Yes: Privett, Slater, Correll, Brendel, Bunner, Wren, Treuting
10. Consent Agenda:
1. Fire Station Design Fees: $26,972.20: Ballou Justice Upton Architects
2. Parks & Recreation Waterpark Concession
3. Parks & Recreation Skate Park
4. Resignation: Fran Kassinger: NVCC Board of Directors
MOTION: Councilmember Correll moved to approve Consent Agenda as presented.
SECOND: Councilmember Privett
VOTE ROLL CALL: Correll, Privett, Brendel, Bunner, Slater, Wren, Treuting
10.1 Discussion on Consent Agenda
Governing Body will send Fran Kassinger a letter of appreciation.
Item 10 (2) and (3) are Request for Proposals).
Page Five Regular Meeting October 21, 2003
11. New Business
11a. Work Session Agenda
The November 10 Worksession agenda will be as presented.
11b. Draft Legislative Program:
1. The State should maintain full state participation in funding Comprehensive Services Act (CSA) costs, particularly for fiscally stressed communities and communities with increasing CSA-eligible populations. [state-wide support, but worth highlighting]
2. Manassas Park supports legislation to permit all localities to enact photo-red traffic enforcement programs as a means of improving public safety by reducing the number of accidents and fatalities caused by running red lights. [state-wide issue, but worth highlighting. One study shows running re-lights account for as many as 218,000 crashes, $14 billion and 880 deaths each year.]
3. Manassas Park requests that the General Assembly reaffirm its commitment to Welfare Reform in the Commonwealth by increasing funds to the Virginia Department of Social Services for Low Income Child Day Care. [State-wide support, but worth highlighting]
4. The State should double the payments to local schools for renovations of educational facilities. [State-wide support, but worth highlighting]
5. The State should study the negative effects of overcrowding of single-family homes in existing residential areas and the state should take a leadership role in studying the effects of overcrowding and determining an effective solution to its impact on local jurisdictions.
6. The State should assess sales tax on the cost of paint and materials used by motor vehicle refinishers or painters at the point of sale to the motor vehicle owners and not at the point of purchase by the motor vehicle refinishers or painters.
7. The State should require public utilities to notify their customers of the proper taxing authority of the consumer utility tax and that they cannot rely upon the customer’s zip code alone for purposes of assessing the tax.
8. The State should increase the per-student funding payments to local School Boards. [Statewide priority]
9. If State payments to localities are reduced, the State should also relax state performance mandates. [suggest deletion unless there are more specific mandates]
10. The State should authorize the issuance of a handicapped license plate to the parent or guardian of an individual who is permanently disabled through medical authorization. [per August discussion]
11. The State should expand the list of predicate criminal acts in Section 18.2-46.1, to assist in responding to the growing gang presence in the Northern Virginia area [see attached letter from the CCJB]
12. Local governments should retain all current authority to adopt and maintain rental inspection programs to protect the health and safety of the citizens of the Commonwealth [mirrors proposed VML policy statement].
13. The City supports the vital need to preserve special lands including open spaces, parks, natural areas, historical sites, farmlands, forests and recreational areas. The City therefore supports the dedication of a stable source of long-term state funding, but not more than $40 million annually, to assist in acquiring, preserving, developing and maintaining such areas. Specifically, the Manassas Park will seek financial support from the Commonwealth for renovations to Conner House in 2005. [mirrors VML policy, and would put the State representatives on notice that the City intends to apply for Conner House renovations in the 2005 General Assembly]
14. The State should replace funds to Manassas Park and other jurisdictions for those projects that were fully funded by the Transportation Act of 2000 (“TA2000”) before the Commonwealth Transportation Board substituted existing urban construction funds for needed projects. Manassas Park lost $900,000 in TA2000 funds designated to Digital Drive and the use of urban construction funds for this purpose will greatly affect the City’s efforts to improve its existing road system.
Councilmember Correll stated at the VML Conference, a major topic was education especially in the area of funding for At Risk children, and ESL. Councilmember Privett asked that disabled children be added. There is a high cost associated with these three areas with no support from the state. This could be incorporated into Item #9.
The City Attorney asked that the issue of referendum for Treasurer’s office be added.
Staff will review some of the legislative items and see if they can be incorporated into one item.
The Mayor stated we could prioritize these items at the legislative dinner.
MOTION: Councilmember Correll moved to defer to the next meeting.
SECOND: Councilmember Brendel
VOTE: Unanimously passed
11c. Independence School Maintenance Plan
Chief Evans provided background information and costs of increasing the maintenance at the Independence School site. The initial cleanup efforts by public works have already commenced. The Public Hearing for sale of Independence site has been advertised for November 4, 2003. Increased police activity, zero tolerance enforcement, a maintenance/clean up effort by Public Works will help achieve the goal of enhancing the appearance and security of the area.
MOTION: Councilmember Brendel moved to receive & file the report.
SECOND: Councilmember Slater
VOTE: Unanimously passed
11d. Request for Funding Study to Compare School Funding Percentage:
Manassas City has completed a survey of school funding formulas. Approximate cost is $4,000. Councilmember Bunner is asking the city to put up $2,000 to complete this study. The City would get the information the first part of November.
MOTION: Councilmember Wren moved to appropriate $2,000 for the city’s share of the school funding formula.
SECOND: Councilmember Slater
VOTE ROLL CALL: Yes: Wren, Slater, Brendel, Bunner, Correll, Privett, Treuting
11e. Treasurer Office Staffing:
Eric Edmonson, Treasurer, has proposed revisions to the staffing levels that City Manager believes warrants adding this item to October 21 agenda. Mr. Edmonson, by memo, gave the Governing Body a proposed Treasurer/Finance Department personnel/staffing level.
Page Seven Regular Meeting October 21, 2003
The City Manager believes that the additional position requested that of Chief deputy Treasurer would significantly enhance the capability of the Treasurer’s office and reduce the use of outside professional services (auditors, legal services).
The Treasurer is recommending that city add a professional level person to Treasurer’s office (Chief Deputy Treasurer). This person could bring collection of delinquent real estate and personal property in house. Last year city spent $75,000 on an attorney to do these collections which ended up being $.65 on the $1.00. The Treasurer’s office is facing many issues and need a competent person to manage some of the issues. The City has clerical personed the organization to death. The city is a multi-million dollar business and we need competent staff. The City will accomplish nothing by deferring this for two weeks.
The ability to focus high-level attention to the daily operations of the Treasurer’s Office should result in enhanced accuracy, reliability and collection efforts. Additional budget transfers would be made in the mid-year amended budget. There would be a net savings proposed of $860.
MOTION: Councilmember Slater moved to defer action on this item until next meeting and refer to Personnel Committee.
SECOND: Councilmember Brendel
Councilmember Slater believes the Governing Body needs more time to study this issue. We are talking about increased funding and major shifts in one department. We are talking about equity issues.
The Treasurer stated this is a new position. The Treasurer took the dollars appropriated for both departments and reallocated them to be a super department head so that all positions are funded within the existing appropriation. By eliminating the outsourcing of the attorney, he was able to come in within budget. One position in Treasurer’s office is part-time. The Treasurer’s staff did not get a raise July 1, 2003. We are going to eliminate a $75,000 attorney to hire a $50,000 professional.
The City Attorney is not sure if this attorney might have to go to court on certain cases. Councilmember Bunner asked if this could be put out to bid.
Councilmember Brendel stated we have a $1.8 million dollar deficit and are trying to find ways to save money. The next three or four years the city is going to run between a four and eight hundred thousand dollar deficit. Adding positions with benefits can be very costly. We need to understand where we are going with this.
Councilmember Correll stated we gave the Treasurer a charter to take care of the city’s financial needs. He is coming back tonight with a proposal on how he is going to do that. A couple of weeks ago the city was in a desperate situation. The city needs to follow through on their part of providing him personnel to do what they asked him to do.
Councilmember Wren stated time is of the essence. This is well thought out. It is right on with what we asked the Treasurer to do. It is a net savings. We need to get on with this. He approves this request.
VOTE ROLL CALL: Yes: Slater, Brendel, Bunner, Privett No: Correll, Wren, Treuting
Page Eight Regular Meeting October 21, 2003
13. Reports of City Officials and Reports
13a. City Manager: Report given to Governing Body.
*There will be a Public Hearing on November 4 that pertains to Independence school and possible sale of 4.2 acres to the church and the remainder of the land would be left as open space for a park.
*There will be a Public Hearing on November 4 for speed humps on Scott Drive. All pertinent citizens will be notified.
*Cheryl Kenney will be on the Discovery channel on October 27 at 4pm as part of her realty business. She and others were taped in the process of selling property.
13b. City Attorney:
*Charter Amendment General Assembly: He gave Governing Body a proposed petition for referendum to determine whether or not the citizens want to go forward with abolishing the Treasurer’s office. It is to get rid of the elective office specifically the Treasurer’s office. It reads, “Shall the City of Manassas Park be authorized to request a special act of the Virginia General Assembly to abolish the elected office of City Treasurer. This must be signed by 20% of registered voters that voted in the last presidential election. You should try to get at least 50% more than what is required. A resident is authorized from the City of Manassas Park; to present this to circuit court and get certified which normally takes ten days. They can then get the
petition circulated. Members of Governing Body can carry this petition to get signatures required. Once city gets the first signature on the petition we have 90 days from that date to get the necessary number of signatures. Once verified by Registrar, the City will ask Circuit Court to set an election, which would be on May 4, 2003. The Mayor stated this could be an individual or someone representing a group. The Governing Body, by endorsing this as a group, can ask the Mayor to file on behalf of the City. The City Attorney stated the Mayor would have to inform the Clerk of Court that he was representing the Governing Body of the Manassas Park. Members of Governing Body can carry this petition. These signatures cannot be gotten at city hall because it is a voting place.
MOTION: Councilmember Wren moved to direct the Mayor to prepare letter to be taken to Circuit Court to be certified by Clerk of Court for placing this amendment on ballot.
SECOND: Councilmember Correll
VOTE ROLL CALL: Yes: Wren, Correll, Brendel, Bunner, Privett, Slater, Treuting
c. City Clerk:
City will hold a surplus equipment auction on city equipment on Saturday, October 25, 2003 at 329 Manassas Drive.
d. Governing Body Members
1. Councilmember Wren:
*Northern Virginia Regional Commission will meet on October 23, 2003.
2. Councilmember Bunner:
*The Revenue Sharing Subcommittee will meet once they receive the report approved by Governing Body tonight and give a recommendation to School Board City Council Liaison Committee in December.
*He received a letter from a citizen regarding the speed limit on Martin Drive. It will be placed in the public record for the public hearing on Martin Drive speed limit and two way street.
3. Councilmember Correll:
*He attended the VML conference this week in Roanoke and it was very informative. All members should make an effort to attend.
4. Councilmember Brendel:
*Trail of Terror is October 24 and 25 at Signal Hill Park. Volunteers are needed.
*Halloween Party will be held on October 31 from 6-8pm at Costello Park Recreation Center.
*Trick or treat night is October 31st. Make sure your children are safe with reflective markings if possible.
*He sent condolences to the Maitland family on the loss of their son.
*Personnel Committee: They met tonight and had two interviews. They had a request from City Clerk to look at city employees being allowed to donate sick leave to other employees when family emergencies come up. The policy only addresses annual leave. Governing Body had no objections to them discussion this issue.
*Vacant property next to Fairfax Academy is being used for storage, which is not an approved use for that site.
*Fields at Signal Hill Park: People are using them but when they use the upper field next to road they are parking on side of the road which is creating a hazard. Staff will look into this issue.
*Railroad Drive: There is a lot of non-construction equipment being parked on this road. Staff will look into this issue.
*He wanted to make sure that when more than two members meet that minutes are taken on meetings.
*If it is the decision of Governing Body to address their salary they must decide soon. They can only address their salary every two years. There are guidelines that city must meet. He asked City Attorney to provide that information to City Manager. He is asking that this be added to November Finance Committee Worksession.
5. Councilmember Privett:
She sent her condolences to the Maitland family on loss of their son. She served on School Board with both Cris and Bob Maitland.
Councilmember Wren asked to be excused at 10:30 pm to go to work.
6. Mayor Treuting:
*On behalf of the City, the Mayor sent his condolences to the Maitland family. It was very impressive to see so many people both young and old at Cris’s wake. They were from school, college and work. Cris was definitely well liked and very active in the community.
*The city sent out Rental Property registration forms. The form does not apply if you live in your home only if you rent it out to someone else. This ordinance was passed to make sure all property in the city is safe for renters.
*The fire station ground breaking is this Saturday at 11am at the site location.
*Park Center: there will be a public forum on November 19 at 7PM at Manassas Park High School to discuss the different in scope from what it was originally to what it is today. The public is invited to attend. This will be a presentation on where the city is on the discussion with the developer and get public comments.
7. Councilmember Slater:
She sends her sympathy to the family of Ron Evick, former member and Commander of Manassas Park VFW Post 18ll.
14. Reading, correction (if necessary) and approval of the minutes of Previous meetings:
a. September 16, 2003 Regular Meeting:
MOTION: Councilmember Privett moved to approve as presented.
SECOND: Councilmember Brendel
VOTE: Unanimously passed
b. September 20, 2003 Special Meeting:
MOTION: Councilmember Bunner moved to approve as presented.
SECOND: Councilmember Correll
Page Eleven Regular Meeting October 21, 2003
VOTE: Unanimously passed with Slater and Wren abstaining
c. October 6, 2003 Special Meeting:
MOTION: Councilmember Brendel moved to approve as presented.
SECOND: Councilmember Bunner
VOTE: Unanimously passed with Councilmember Correll abstaining
d. October 7, 2003 Regular Meeting:
MOTION: Councilmember Privett moved to approve with noted correction: She would like the city to place on the annual calendar major religious holidays for all the religions and not schedule activities on those dates.
SECOND: Councilmember Brendel
VOTE: Unanimously passed
15. Discussion Period
There were no citizens that called in for this meeting.
17. Adjournment 10:30 PM:
MOTION: Councilmember Brendel
SECOND: Councilmember Correll
VOTE: Unanimously passed
Approved November 4, 2003
_________________________
William J. Treuting, Jr. Mayor
_________________________
Lana A. Conner, City Clerk
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