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City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsApri l 22, 2019Page | 1
City of Manassas, VirginiaCity Council Meeting
AGENDA
City Council Regular Meeting & Public HearingsCouncil Chambers
9027 Center StreetManassas, VA 20110
Monday, April 22, 2019
Call to Order - 5:30 p.m.
Roll Call
Invocation and Pledge of Allegiance
Community and Staff Presentations
Presentation: Child Abuse Prevention Month Proclamation (Staff: Ronald King, Social Services Director)
Presentation: Business Appreciation Month Proclamation(Staff: Nicole Smith, Economic Development Coordinator)
Presentation: National Travel & Tourism Week Proclamation(Staff: Nicole Smith, Economic Development Coordinator)
Council Time
Mayor Time
Staff Reports
1
City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsApri l 22, 2019Page | 2
1. Consent Agenda
All matters listed under the consent agenda are considered to be routine by the City Counciland will be enacted by one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the consent agenda and consideredseparately.
SUGGESTED MOTION: "I move that the Consent Agenda be approved and the readings ofthe ordinances be dispensed."
SUGGESTED MOTION #2: "I move that Items # and # be removed from the Consent Agendaand be added as Items # and #, respectively, and that the remaining Consent Agenda itemsbe approved as it now appears and the readings of the ordinances be dispensed."
1.1 City Council Minutes: April 3, 2019 and April 8, 2019(Staff: Rose V.B. Spring, Acting City Clerk)Agenda Statement - City Council MinutesCity Council Minutes: April 3, 2019City Council Minutes: April 8, 2019
1.2 Resolution #R-2019-10: A Resolution Approving the Freedom Aquatic & FitnessCenter Tripartite Agreement between George Mason University, Prince WilliamCounty and the City of Manassas(Staff: W. Patrick Pate, City Manager and Craig Brown, City Attorney)Agenda Statement - Resolution #R-2019-10Resolution #R-2019-10Tripartite Agreement
1.3 Resolution #R-2019-50: Recognize the Benefits and Value of Regionalism in theNational Capital Region (Staff: W. Patrick Pate, City Manager)Agenda Statement - Resolution #R-2019-50Resolution #R-2019-50
1.4 Resolution 2019-09-R: Amending the FY 2019 Budget by Budgeting andAppropriating $392,903 of Additional Federal CMAQ Grant Funds for theCitywide Traffic Improvements - Signal Software and Equipment Project (Staff: Bryan Foster, Deputy City Manager)Agenda Statement - Resolution 2019-09-RResolution 2019-09-RResolution 2019-09-R Backup: Citywide Traffic Improvements Grant
1.5 Proclamation: Business Appreciation Month(Staff: Nicole Smith, Economic Development Coordinator)Agenda Statement - Business Appreciation Month Proclamation
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City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsApri l 22, 2019Page | 3
Proclamation - Business Appreciation Month
1.6 Proclamation: Child Abuse Prevention Month(Staff: Ronald King, Social Services Director)Agenda Statement - Child Abuse Protection MonthProclamation - Child Abuse Prevention Month
1.7 Proclamation: National Travel & Tourism Week(Staff: Nicole Smith, Economic Development Coordinator)Agenda Statement - Travel & Tourism Week ProclamationProclamation - Travel & Tourism Week
2. Ordinances and Resolutions
2.1 Resolution #R-2019-51: Appointment of City Clerk (Staff: Darla Hicks, Human Resources Director)Agenda Statement - Resolution #R-2019-51Resolution #R-2019-51
2.2 Resolution #R-2019-52: A Resolution Approving the First Amendment to theCooperation Agreement for Manassas Gateway Between the City of Manassasand the Economic Development Authority of the City of Manassas (Staff: Nicole Smith, Economic Development Coordinator)Agenda Statement - Resolution #R-2019-52Resolution #R-2019-52First Amendment to the Cooperation AgreementCooperation AgreementThird Amendment to Purchase and Sale Agreement
3. Bid Opening & Public Hearing
3.1 Request for Franchise Proposals for a 40 Year Franchise for the Lease of Parcel4, a 2.2 Acre Parcel at 10520 Wakeman Drive for the Purpose of Operating anExisting 12,000 Square Foot (SF) Aircraft Hangar with Office Space, andFinancing, Constructing and Operating a New Corporate Hangar that will be aMinimum of 15,000 (SF)(Staff: Juan Rivera, Airport Director and Craig Brown, City Attorney)Agenda Statement - RFFP 10520 Wakeman Drive
4. Citizens' Time - 7:30 p.m.
The citizens' portion of the agenda is set aside for those citizens who wish to address theCouncil for less than three minutes each. Citizens need not give prior notice to the City tospeak during the citizens' time portion of the agenda. Citizens may address the Council for
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City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsApri l 22, 2019Page | 4
longer than three minutes if they ask the City Manager for a place on the agenda at leastfour working days before the meeting.
5. Authorize the Closed Meeting
Virginia Code Section 2.2-3711 A (1):1. Appointments to Boards, Committees and Commissions
5.1 Authorize a Closed MeetingAgenda Statement - Authorize a Closed Meeting
6. Certify the Closed Meeting
6.1 Certify the Closed Meeting Agenda Statement - Certify a Closed Meeting
Adjournment
4
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: City Council Minutes: April 3, 2019 and April 8, 2019
Recommendation: Approve
Motion: 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 April 3, 2019 and April 8, 2019 be approved.
Date Last Consideredby City Council:
N/A
Summary and/orComments:
N/A
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: Rose V.B. Spring, Acting City [email protected](703) 257-8304
5
April 3, 2019
1
A Special Joint Meeting of the Manassas City Public School Board and the City Council of the City of Manassas, Virginia, for the purpose of conducting a joint budget work session, was called to order in the conference room at Public Works, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Ken D. Elston, Council Members Michelle Davis-Younger, Ian T. Lovejoy, and Pamela J. Sebesky; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Acting City Clerk Rose V.B. Spring, City Attorney Craig Brown, Finance and Administration Director Diane V. Bergeron, and Budget Manager Stott Mason.
Mayor Parrish called the meeting to order at 5:31 p.m.
Absent from the meeting were Council Members Theresa Coates Ellis and Mark D. Wolfe.
Members of the Manassas City Public School Board and MCPS staff were present.
The Acting City Clerk reported that the news media had been notified of the meeting in accordance with the Freedom of Information Act.
1) City Council and School Board Joint Budget Work Session
Chairman of the School Board Sanford Williams offered opening remarks, highlighting the challenges and opportunities facing the public schools. Chairman of the School Board’s Finance Committee, Scott Albrecht, and Andy Hawkins, Executive Director of Finance and Operations for the Manassas City Public Schools, presented to the City Council the School Boards FY 2020 Budget and CIP.
A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting.
Mayor Parrish declared the meeting adjourned at 6:35 p.m.
Mayor City Clerk
Date Approved
6
April 8, 2019
1
A Regular Meeting 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 Ken D. Elston, Council Members Michelle Davis-Younger, Theresa CoatesEllis, Ian T. Lovejoy, and Pamela J. Sebesky; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Acting City Clerk Rose V.B. Spring, City Attorney Craig Brown, Police Chief Doug Keen, Fire and Rescue Chief Robert L. Clemons, Jr., Finance and Administration Director Diane V. Bergeron, Acting Assistant Director of Public Works Steven Schrank, and Captain Tina Laguna.
Mayor Parrish called the meeting to order at 5:30 p.m. and delivered the invocation.
The Manassas City Police Department Honor Guard presented Colors as the Mayor led those present in the Pledge of Allegiance.
Absent from the meeting was Council Member Mark D. Wolfe.
Community and Staff Presentations
Manassas City Police Department Employee Recognition Ceremony
Police Chief Douglas W. Keen recognized the following members of the Manassas City Police Department:
Honorable Service Medal:-Senior Police Officer J. Turpin-Officer S. Shillingburg-Officer K. Bowden
Sergeant John Conner Memorial Award Recipient (Employee of the Year 2018):-Sr. Detective A. Speights
Field Training Officer of the Year 2018:-Senior Police Officer M. Hyde
Employees of the Month: - January 2019 Employees of the Month Senior Police Officer J. Turpin Officer S. Shillingburg
Officer K. Bowden
- February 2019 Employee of the Month Sergeant G. Daisey Senior Police Officer D. Hogue Senior Police Officer M. Hyde Senior Police Officer S. Barrett
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April 8, 2019
2
Officer J. ArmasOfficer E. Eustace
Officer R.P. McCarthy Officer W. Lane
Presentation: National Public Safety Telecommunicators Week Proclamation
Mayor Parrish, City Manager W. Patrick Pate, and Police Chief Douglas W. Keen presented the Public Safety Communications Center staff with a Proclamation designating the week of April 14-20, 2019 as National Public Safety Telecommunicators Week in the City of Manassas.
RECESS
The Mayor and City Council took a brief recess to congratulate the public safety officers recognized and promoted.
Council Time
Vice Mayor Elston congratulated the recognized public safety officers. Vice Mayor Elston stated that the April 5 First Friday was a success. Vice Mayor Elston welcomed George Mason University Small Business Development Center to the City. Vice Mayor Elston reported that he attended some events with Micron Technology, but unfortunately missed the All City Chorus Concert. Vice Mayor Elston informed the community that Beauty and the Beast is being performed by Osbourn High School at the end of April and beginning of May.
Council Member Lovejoy offered a “Go Wahoos” to the University of Virginia.
Council Member Sebesky congratulated the public safety officers and their families on their continued success. Council Member Sebesky congratulated LeRoy Williams from Metz Middle School on being named the Virginia Education Association 2019 Education Support Professional of the Year. Council Member Sebesky reported that she attended the Holocaust Survivor Speaks event at the Center for the Arts. Council Member Sebesky invited everyone to attend the Comprehensive Plan Committee Meeting on Wednesday, April 10, the Farmer’s Market on Thursday, April 11 at the Harris Pavilion, and to the Bridging Cultures Exhibit Opening on Thursday, April 11 at the Manassas Museum. Council Member Sebesky reported that the Manassas City Police Department is hosting a free VIN Etching event on Saturday, April 13. Council Member Sebesky announced that April is National Volunteer Month and the beginning of National Volunteer Week and thanked the City of Manassas volunteers.
Council Member Davis-Younger reported that she attended the ribbon cutting ceremony for the Small Business Development Center at Centerfuse. Council Member Davis-Younger statedshe attended and helped Didlake with setting up interviews for special education classes. Council
8
April 8, 2019
3
Member Davis-Younger thanked Juan Rivera, Airport Director, and the staff of the Airport for the wonderful tour of the Manassas Regional Airport.
Council Member Ellis informed the community that April is the month of the military child. Council Member Ellis announced that a Health and Wellness Fair will be held on Thursday, April 11 from 5:00 p.m. to 7:00 p.m. at Metz Middle School.
Mayor Time
Mayor Parrish distributed to members of the City Council information on appointments to the Virginia Municipal League 2019 Policy Committees and informed the City Council, if they are interested in serving on any of the Policy Committees to contact him.
Staff Reports
Police Chief Douglas W. Keen informed the community that it is event season in Historic Downtown and to be aware of pedestrians and street closures.
Sarah Maroney, Crime Prevention Specialist and Public Information Officer, reported that a new Safe Exchange Zone has been established at the Manassas City Police Department. Ms. Maroney encouraged the public to utilize the space.
Mr. Pate informed the community that the Farmer’s Market will be opening on Thursday, April 11 at 10:00 a.m. and the Bridging Cultures Exhibit is opening on Thursday, April 11 at 6:00 p.m.
Mr. Pate reported that the City has begun flushing hydrants and changed from Chloramines to free chlorine for the month because the City’s water is being treated to ensure bacteria and viruses are not present in the drinking water.
Mr. Pate informed the community that new banners have been hung in Historic Downtown.
Mr. Pate reported that Patrick Small, Economic Development Director, has been featured in an article by Virginia Business Magazine about the Micron expansion.
Mr. Pate stated that the City is honoring its volunteers at a reception on Tuesday, April 16.
Mr. Pate informed the Council that a work session is scheduled for Monday, April 15 on outstanding budget issues and a work session is scheduled for Thursday, April 25 following Land Use Committee on the Transportation Master Plan.
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April 8, 2019
4
Mr. Pate reported that the City is pleased with the Bond Ratings received from Standard & Poor’s and Moody’s.
1) Consent Agenda
1.1 City Council Minutes: March 20, 2019, March 25, 2019, and March 28, 20191.2 Correction to Appointments to Boards, Committees and Commissions:
Appointment of Jill Spall to the Citizens Advisory Committee on Cemeteries 1.3 Proclamation: Community Services 50th Anniversary Celebration Day1.4 Proclamation: National Public Safety Telecommunicators Week1.5 Ordinance #O-2019-23: An Ordinance Vacating a Temporary Construction,
Maintenance, and Turnaround Easement on Property at 9213 Park Avenue (Second Reading)
COUNCIL MEMBER LOVEJOY MOVED to approve Consent Agenda Items 1.1 through 1.5and that the reading of the ordinances be dispensed. Seconded by Council Member Davis-Younger. Roll call vote: AYES – Davis-Younger, Ellis, Elston, Lovejoy, and Sebesky. ABSENT –Wolfe. MOTION CARRIED.
2) Ordinances and Resolutions
2.1 Resolution #R-2019-49: A Resolution Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Manassas, Virginia, in an Aggregate Principal Amount Not to Exceed $80,000,000 to Finance the Costs of Certain Public Improvement Projects and Providing for the Form, Details and Payment Thereof
Diane Bergeron, Finance Director, stated that City Council is considering a Resolution authorizing the issuance of General Obligation Public Improvement Bonds in a Principal Amount not to exceed $80,000,000.00. Ms. Bergeron stated the City plans to borrow $55,500,000.00 for various projects to include the public safety facility, Fire Rescue Station 21, and several utility projects. Ms. Bergeron stated a public hearing was held on March 25. Ms. Bergeron reported that the City received outstanding ratings from the credit agencies Standard & Poor’s and Moody’s.Ms. Bergeron stated that the approval of the Resolution is the last item and the City plans to sell the Bonds next week.
VICE MAYOR ELSTON MOVED to approve Resolution #R-2019-49: A Resolution Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Manassas, Virginia, in an Aggregate Principal Amount Not to Exceed $80,000,000 to Finance the Costs of Certain Public Improvement Projects and Providing for the Form, Details and Payment Thereof. Seconded by Council Member Sebesky. Roll call vote: AYES – Davis-Younger, Ellis, Elston, Lovejoy, and Sebesky. ABSENT – Wolfe. MOTION CARRIED.
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April 8, 2019
5
3) New Business
3.1 Update: Pavement Management Plan
Bryan Foster, Deputy City Manager, provided the City Council with an update on the City’s Pavement Management Plan.
4) Awards, Acknowledgments and Presentations
4.1 Presentation: Community Services 50th Anniversary Celebration Day Proclamation
Council Member Davis-Younger presented a Proclamation proclaiming Thursday, April 11, 2019 as Community Services 50th Anniversary Celebration Day in the City of Manassas to Lisa Madron, Executive Director of the Community Services Board.
5) Citizens’ Time
There were no speakers during Citizens’ Time.
6) Authorize a Closed Meeting
6.1 Authorization of a Closed Meeting
VICE MAYOR ELSTON MOVED that the City Council convene in a closed meeting to discuss the following as permitted by Virginia Code §2.2-3711 (A) (1) for discussion, consideration, or interviews of prospective candidates for appointment as Clerk of City Council. Seconded by Council Member Ellis. Roll call vote: AYES – Davis-Younger, Ellis, Elston, Lovejoy, and Sebesky. ABSENT – Wolfe. MOTION CARRIED.
Mayor Parrish announced that the Mayor and City Council, the City Manager, and the City Attorney would be included in the closed meeting discussion regarding prospective candidates for appointment as Clerk of City Council.
The City Council retired to the closed meeting at 6:52 p.m.
7) Certify the Closed Meeting
7.1 Certification of the Closed Meeting
VICE MAYOR ELSTON 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
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April 8, 2019
6
Sebesky. Roll call vote: AYES – Davis-Younger, Ellis, Elston, Lovejoy, and Sebesky. ABSENT –Wolfe. MOTION CARRIED.
The City Council returned from the closed meeting at 7:26 p.m.
A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting.
Mayor Parrish declared the meeting adjourned at 7:32 p.m.
MAYOR CITY CLERK
________________DATE APPROVED
12
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: Resolution #R-2019-10: A Resolution Approving the Freedom Aquatic & Fitness Center Tripartite Agreement between George Mason University, Prince William County and the City of Manassas
Recommendation: Approve Resolution #R-2019-10.
Motion: 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-2019-10 be approved.
Date Last Consideredby City Council:
June 6, 1995
Summary and/orComments:
The proposed Tripartite Agreement continues the City-County-University collaboration for the maintenance and operation of the Freedom Center, started in 1995. The existing Joint Operations / Programs Advisory Board will continue under the Agreement, with representation of all three parties. The term of the Agreement is until June 30, 2023, with options for the parties to renew the Agreement for four additional terms of five years each. Prince William County and George Mason University have already approved the Tripartite Agreement.
Board – Committee – or Commission Reviewed:
Freedom Center Advisory Board recommends approval
Fiscal Impact: The Tripartite Agreement does not obligate the City or County to provide funding for the Freedom Center. It does acknowledge that the University may submit an annual request for capital maintenance funding (Article IV (J), page 7), which will be addressed in a separate funding MOU executed by the City Manager, provided funds have been appropriated by City Council for that purpose.
Staff Contact: W. Patrick Pate, City [email protected](703) 257-8212
Craig Brown, City [email protected](703) 257-8208 13
MOTION: April 22, 2019Regular Meeting
SECOND: Res. No. R-2019-10
RE: A RESOLUTION APPROVING THE FREEDOM AQUATIC & FITNESS CENTER TRIPARTITE AGREEMENT BETWEEN THE CITY OF MANASSAS, GEORGE MASON UNIVERSITY AND PRINCE WILLIAM COUNTY
WHEREAS, On or about June 8, 1995, the Parties entered into the Tripartite Agreement for the Construction and Operation of the George Mason University – Manassas – Prince William Recreation Facility (“1995 Agreement”) for the purpose of constructing and operating the facility now known as the Freedom Center; and,
WHEREAS, the Freedom Center has been a successful collaboration that has benefited the residents of the City as well as the members of the Prince William County and George Mason University communities; and,
WHEREAS, the City, County and the University wish to continue the Agreement for a new term ending June 30, 2023, with the parties having options to renew the Agreement for up to four additional terms of five years each; and,
WHEREAS, the interests of the City in the operation of the Freedom Center will continue to be represented by its appointees to the Joint Operations / Programs Advisory Board; and,
WHEREAS, the proposed Tripartite Agreement is in the best interest of the City and its residents.
NOW THEREFORE BE IT RESOLVED by the Council for the City of Manassas, Virginia that the attached Freedom Aquatic & Fitness Center Tripartite Agreement between the City, County and University is hereby approved, and the City Manager is authorized to execute the Tripartite Agreement on behalf of the City, in form approved by the City Attorney.
____________________________________ Harry J. Parrish II Mayor
On behalf of the City Council Of Manassas, Virginia
ATTEST:
Rose V. B. Spring, Acting City Clerk14
April 22, 2019Regular MeetingRes. No. R-2019-10Page 2
Votes:Ayes: Nays: Absent from Vote: Absent from Meeting:
15
FREEDOM AQUATIC & FITNESS CENTER
TRIPARTITE AGREEMENT
THIS AGREEMENT commenced on July 1, 2018 (“Commencement Date”), by and
between THE RECTOR AND BOARD OF VISITORS OF GEORGE MASON UNIVERSITY,
a public institution of higher education and agency of the Commonwealth of Virginia ("George
Mason"), THE BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY,
VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Prince William"), and
THE CITY OF MANASSAS, VIRGINIA, a Municipal Corporation of the Commonwealth of
Virginia ("Manassas"), collectively known as the "Parties" and each a “Party”.
RECITALS
WHEREAS, George Mason is the owner and operator of a community-based indoor
recreation facility and appurtenant parking facilities known as the Freedom Aquatic & Fitness
Center (“Freedom Center”) located on the Science and Technology Campus of George Mason
in Prince William County, Virginia;
WHEREAS, On or about June 8, 1995, the Parties entered into the Tripartite
Agreement for the Construction and Operation of the George Mason University – Manassas –
Prince William Recreation Facility (“1995 Agreement”) for the purpose of constructing and
operating the facility now known as the “Freedom Center.”
WHEREAS, the bond issuance contemplated in the 1995 Agreement has been paid in
full; and
WHEREAS, the Freedom Center is a community-based recreation center that provides
all-inclusive wellness enrichment for Manassas and Prince William residents and George Mason
students, faculty and staff; and
WHEREAS, the Parties desire to continue the collaboration begun under the 1995
Agreement to provide their respective citizenry and student body with the Freedom Center’s
unique services that promote and maintain good health and wellness; and
WHEREAS, the Parties further desire to accomplish their collaboration through the
formation of an advisory board that will provide policy direction, budget oversight and strategic
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Page 2 of 17
planning for operation and use of the Freedom Center.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter contained the Parties agree as follows:
ARTICLE I. CONDITIONS PRECEDENT
A. The Parties agree that Prince William and Manassas shall not be obligated to
contribute financially to the operation of the Freedom Center.
B. The Parties further agree that annual funding from Prince William and Manassas shall
not be a requirement for the localities’ continued participation on the Advisory Board
created under Article IV, Section A of this Agreement.
C. The Parties further agree that annual funding from Prince William and Manassas shall
be addressed in a separate agreement for intergovernmental transfer of funds to be used
pursuant to Article IV, Section J of this Agreement.
ARTICLE II. REPRESENTATIONS
A. Representations by George Mason
1. The execution and delivery of this Agreement, the performance by George Mason
of its obligations hereunder and the consultation of the transactions herein
contemplated do not and will not conflict with or constitute a breach of, or result in
a violation of, any agreement or instrument of which George Mason is a party or
by which it is bound.
2. George Mason has the power to enter into this Agreement and to perform its
obligations hereunder. The execution and delivery of this Agreement by George
Mason has been duly approved.
B. Representations by Manassas and Prince William
1. Prince William and Manassas are political subdivisions of the Commonwealth of
Virginia.
2. The execution and delivery of this Agreement, the performance by Prince William
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Page 3 of 17
and by Manassas of their obligations hereunder, and the consultation of the
transactions herein contemplated do not and will not conflict with or constitute a
breach of, or result in a violation of, any agreement or instrument to which either
Prince William or Manassas is a party or by which it is bound.
3. Prince William and Manassas each has the power to enter into this Agreement and
to perform the obligations assigned to each hereunder. The execution and delivery
of this Agreement by Prince William and Manassas has been properly approved by
the governing body of each locality.
ARTICLE III. GENERAL PROVISIONS
A. Mission of the Freedom Center
The Freedom Center is a community-based recreation center that provides all-inclusive
wellness enrichment for City of Manassas and Prince William County residents and the
students, facility, and staff of George Mason University.
B. Terms of this Agreement
The Initial Term of this Agreement shall begin on the Commencement Date and shall
terminate on June 30, 2023, (“the Initial Term”). The parties may extend this
Agreement for four (4) additional terms of five (5) years each (each a “Renewal
Term”). At the conclusion of the Initial Term and any of the first three Renewal Terms,
this Agreement shall automatically renew for an additional Renewal Term and
continue on the same terms and conditions as existed immediately prior to the
commencement of the then-current Initial Term or Renewal Term unless a Party has
given a timely notice of termination as provided in Article VIII.
C. Services of the Freedom Center
The Parties agree the Freedom Center will provide:
1) Programs and service including, but not limited to swimming, gymnasium, and
fitness programs and services;
2) Public meeting space;
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Page 4 of 17
3) Access to recreation programs to public and limited private sports teams and/or
leagues based in Prince William or Manassas and sports teams or leagues of
George Mason and of Prince William and Manassas school systems; and
4) Training opportunities to students of George Mason in the operation of
recreation facilities.
D. Access to the Freedom Center for the Parties
The Parties agree that access to the programs and services of the Freedom Center shall
be available to all residents of Prince William and Manassas and the students and
employees of George Mason on an equal and unrestricted basis. For the purposes of
this Agreement, students and employees of any campus of George Mason shall be
considered as University participants regardless of their place of residence.
E. Access to the Freedom Center for Nonparties
The Parties agree that access to the programs and services of the Freedom Center shall be
made available to others who are not residents or students and employees of one of the
Parties. Such access shall be provided to these others upon the payment of appropriate
service charges or fees to be established by the Advisory Board described in Article IV.
Service charges or fees to be paid by others who are not parties to this Agreement or who
are not residents of Prince William or Manassas or students or staff of George Mason will
be established so that access to the Freedom Center by these others will not substantially
impair or restrict the use of the Freedom Center by residents of Prince William and
Manassas and the students and employees of George Mason.
ARTICLE IV. ADVISORY BOARD
A. Purpose
The Joint Operations/Programs Advisory Board (the "Advisory Board") shall provide
policy direction, budget oversight, and strategic planning for the Freedom Center
management staff to ensure the efficient execution of the Freedom Center Mission. The
Advisory Board will not determine matters relating to the daily operation and
management of the Freedom Center.
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Page 5 of 17
B. Composition of the Advisory Board
The Advisory Board shall have fifteen (15) members, appointed in the following
proportions:
George Mason 4 members
Manassas 4 members
Prince William 7 members
C. Appointment and Terms of the Advisory Board
George Mason, Manassas, and Prince William shall each appoint its members on the
Advisory Board. Advisory Board members shall serve for a four (4) year term at the
pleasure of the appointing Party. Prince William representatives shall serve at-large.
D. Voting
Action on matters coming before the Advisory Board shall be in accordance with the
following two-tier voting procedure:
1) A quorum shall consist of eight (8) members;
2) The passage of any action requires a majority vote, in the presence of a quorum,
of all members present and voting; and
3) The passage of any action also requires that members present and voting in
favor of the action include members representing at least two of the Parties.
E. Meetings and Policy-Making Responsibilities of the Advisory Board
The Advisory Board shall meet on a periodic basis, at least quarterly, or more
frequently if necessary, to determine matters of operational and programmatic policy
as they may relate to the provision of services. The Advisory Board shall adopt rules
of procedure governing the conduct of meetings and describing its responsibilities
contained in this Agreement (“Rules of Procedure”) and will keep a record of its
actions relating to the operational and programmatic policies within its responsibility.
The Rules of Procedure will clearly define the method of resolution of disputes or
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Page 6 of 17
disagreements between the Freedom Center staff and the Advisory Board, including,
but not limited to, providing the Advisory Board with a direct line of communication
to George Mason's Senior Vice President for Administration and Finance or his or her
designee. The members of the Advisory Board shall also be required to report to their
appointing authority the resolution of these disputes or disagreements. George Mason
shall operate and manage the Freedom Center in a manner consistent with all
applicable laws and University policies in the furtherance of the goals of this
Agreement.
F. Customer Satisfaction Surveys
The Advisory Board and the staff of the Freedom Center shall conduct customer
satisfaction survey(s) each year to gauge or measure the effectiveness, need for and
satisfaction in each program and/or activity offered by the Freedom Center. The results of
these surveys will be used to prepare the Annual Reports required by Section G of this
Article, the implementation of Programs imposed by Section C of Article V and the
preparation of the Annual Operating Budget required by Section A of Article VI of
this Agreement.
G. Annual Reports
The Advisory Board will review all revenue and expenditure patterns and program use
statistics and make available annual reports to the Parties.
H. Business Plan
The Advisory Board will review and participate in developing a business plan for the
Freedom Center. The Advisory Board will solicit input from the City of Manassas
Committee on Parks and Recreation, the Prince William County Department of Parks
and Recreation, and appropriate staff of George Mason.
I. Review of Annual Operating Budget
George Mason will submit a proposed annual operating budget for the Freedom Center
(the “Annual Operating Budget”) to the Advisory Board for review and adoption by 21
Page 7 of 17
the Advisory Board. The Annual Operating Budget shall be based on facility-
generated fees and revenue and any other funding contributed by George Mason.
Prince William and Manassas shall not be required to contribute any funding to the
Annual Operating Budget.
J. Five-Year Capital Maintenance Budget
The Advisory Board will review and participate in developing a five-year budget for
capital maintenance projects at the Freedom Center (the “Capital Maintenance
Budget”). The Capital Maintenance Budget shall be a separate budget from the
Freedom Center Annual Operating Budget. Capital maintenance projects shall be
limited to the replacement and repair of major building systems and structures
(“Capital Maintenance Projects”) and explicitly exclude routine facility maintenance
expenditures and the replacement of fitness equipment, which shall be covered in the
Annual Operating Budget. George Mason shall have the option of annually requesting
funding from Prince William and Manassas for specific Capital Maintenance Projects
in accordance with the localities’ respective intergovernmental agreement for funding.
Prince William and Manassas do not guarantee a funding request will be approved,
and any approved funding request will be subject to appropriation. All approved
funding and appropriations shall be used only for the Capital Maintenance Projects for
which George Mason requested the funding and in the timeframe George Mason
presented.
ARTICLE V. OPERATION OF THE FREEDOM CENTER
A. Daily Administration
George Mason shall be responsible for all aspects of the daily administration and
operation of the Freedom Center.
B. Staffing, Equipment and Expenses of the Freedom Center:
George Mason shall provide such staffing, supervision, material, supplies, support
22
Page 8 of 17
services and program equipment as necessary to plan, promote, operate, and maintain
the Freedom Center in accordance with this Agreement, and pay for staffing,
equipment and expenses of same from the Freedom Center fees and revenues. These
expenses shall be reflected in the Annual Operating Budget.
C. Implementation of Programs
To the extent permitted by law, staff of the Freedom Center, who are employees
or students of George Mason, in consultation with the Advisory Board, shall plan
and implement a broad range of year-round recreational, educational, social and
cultural programs and activities of the Freedom Center. Such programs and
activities shall be designed to attract and serve a variety of user groups and
individuals, including but not limited to the general public, youth, school and
community groups, the elderly, and persons with disabilities. The programs and
services of the Freedom Center shall be made available to the general public,
particularly residents of Prince William and Manassas, and the students and employees
of George Mason.
D. Marketing of Programs and Services
To the extent permitted by law, George Mason shall promote the Freedom Center
programs and services in a manner designed to effectively communicate to the
population targets of the Parties the programs and activities available in a continuing
effort to produce revenue to meet budgeted costs. Promotional efforts may include
articles contributed to newspapers, civic newsletters and other published material
brochures, speaking engagements to civic groups and other marketing through public
media. Prince William and Manassas may also promote and market the Freedom
Center programs and services and may take advantage of opportunities to promote the
Freedom Center through appropriate mention of the facility, its programs and
operation in connection with their public information programs. In connection with the
promotion, advertising or other dissemination of information about the Freedom Center,
the Parties will acknowledge this Agreement and will give equal credit to the other
Parties with regard to the Freedom Center’s operations and programs. 23
Page 9 of 17
E. Collection of Fees and Revenues, Payment of Expenses:
To the extent permitted by law, George Mason shall receive all fees and other
revenues attributable to the operation of the Freedom Center and shall pay all
expenses associated with the operation of the Freedom Center. Funding to pay any
operating expenses that exceed the fees and revenue generated by the Freedom
Center at the end of a budget year shall be borne by George Mason. George Mason
shall establish and maintain a separate and detailed financial accounting of all
revenues and expenses for the Freedom Center and shall provide the Advisory
Board with appropriate monthly and annual financial reports.
ARTICLE VI. ANNUAL OPERATING BUDGET; CAPITAL MAINTENANCE
BUDGET
A. Each fiscal year, the Freedom Center staff shall prepare and present to the Advisory
Board:
1) An Annual Operating Budget showing anticipated revenues and expenses
resulting from the operations and programs; and
2) A Five-Year Capital Maintenance Budget listing necessary capital
improvements of the Freedom Center for the ensuing fiscal year.
B. Each proposed Annual Operating Budget and Capital Maintenance Budget shall be
reasonably consistent with the long-range budget projection previously submitted to
the Parties for review and comment in terms of general nature and levels of revenue
and expense items. The proposed Annual Operating Budget shall include, among other
things, program revenues and fee schedules, staffing costs, utilities, contracted services,
program supplies, maintenance supplies, equipment, services, and insurance. The Annual
Operating Budget will also identify recommended service levels and changes in service
initiatives and other appropriate anticipated expenses directly attributable to the operation
of the Freedom Center in accordance with this Agreement. The proposed Capital
Maintenance Budget shall be used only for approved Capital Maintenance Projects.
24
Page 10 of 17
C. The proposed Annual Operating Budget shall clearly outline the cost of operation of the
Freedom Center based on the programs expected to be offered during the succeeding year
and will estimate the expected participation of residents of Prince William and Manassas,
the students and employees of George Mason and users not represented by the Parties.
D. The proposed Capital Maintenance Budget shall clearly show:
1) The total amount of annual capital improvement expenditures five years out, with
associated project descriptions and professional cost estimates.
2) George Mason’s contributions; and
3) Any contributions from Prince William and Manassas.
E. The Capital Maintenance Budget shall be supported by a restricted fund (the “Capital
Reserve Fund”). Funds remaining in the Capital Reserve Fund at the end of a fiscal year
shall be used to offset any subsequent contribution requests to Prince William and
Manassas and shall not be used to pay non-capital maintenance expenses.
F. The Advisory Board will provide recommendations and comments concerning the
proposed Annual Operating Budget to Freedom Center staff by the September Advisory
Board Meeting of each year. The staff will review these comments and recommendations
and will prepare a final proposed operating budget to be adopted by the Advisory Board in
the March Advisory Board Meeting.
G. All budgets will be prepared in accordance with state law and procedure and, where
practical, in accordance with guidelines established by the governing bodies of the Parties
for budget submission.
H. None of the Parties can expend funds unless appropriated. It is understood that expenses
paid by George Mason are derived from appropriations from the Virginia General
Assembly which cannot obligate a future session of the Virginia General Assembly.
Therefore, notwithstanding any provision in this Agreement to the contrary, if any session 25
Page 11 of 17
of the Virginia General Assembly fails to appropriate funds for the continuance of this
Agreement for George Mason, this Agreement and all obligations hereunder shall
automatically terminate upon depletion of the then currently appropriated or allocated
funds.
ARTICLE VII. ACCOUNTING AND AUDIT PROCEDURE
A. Manuals and Statements
George Mason will prepare and execute manuals and statements of operating
procedure to ensure the efficient and effective operations of the Freedom
Center. These procedures will be in accordance with relevant state and
university policy, and to the extent allowed by law and George Mason policy,
they will not be inconsistent with any policy duly adopted by the Advisory
Board.
4) Compliance with State and Local Law
Manuals and statements of operating procedures will include accounting and
auditing systems consistent with the requirements of state and applicable local
law. These will be designed to clearly show the governing bodies of the Parties
that the revenues assigned to each party are appropriately assigned, based on
actual use statistics.
5) Annual Audit Reports
George Mason shall be responsible for obtaining an annual audit of the operations
of the Freedom Center, the results of which will be available to the Advisory Board
and the governing bodies of the Parties.
ARTICLE VIII. WITHDRAWAL
If any Party chooses not to continue its participation in this Agreement, that Party will give the
remaining Parties written notice of its intention to withdraw from this Agreement at least six
months prior to the effective date of the withdrawal.
26
Page 12 of 17
ARTICLE IX. AMENDMENTS TO THIS AGREEMENT
A. Recommendations for Amendment
The governing body of any party may present to the other Parties recommendations for
amendment to this Agreement. The Freedom Center staff will review the recommended
amendments or changes and will submit the recommendations to the Advisory Board for
consideration. The Advisory Board shall present to the Parties its recommendations
for action on the proposed changes.
B. Amendment
The unanimous consent of all Parties is required for amendments to this Agreement. All
amendments shall be in writing and executed with the same formality as this Agreement.
C. Additional Parties
Additional parties may be added to this Agreement from time to time through an
amendment.
ARTICLE X. TERMINATION OF THIS AGREEMENT
A. Compliance with Applicable Law
The Parties shall carry out their duties and responsibilities under this Agreement in
accordance with all applicable federal, Virginia and local laws and regulations.
B. Termination for Default
This Agreement may be terminated unilaterally by any Party for the failure of any other
Party to perform its obligations hereunder after the defaulting Party has been given notice
of the default and at least 30 days to cure the default.
C. Expiration of this Agreement and all Extensions
The Parties agree to enter into discussions eighteen (18) months prior to expiration of
27
Page 13 of 17
any term of this Agreement to address the future of the Freedom Center.
ARTICLE XI. REPRESENTATIVES OF THE PARTIES
Prince William's representative for matters involving the day-to-day administration of this
Agreement shall be the County Executive or his or her designated representative. Manassas's
representative for matters involving the day-to-day administration of this Agreement shall be
the City Manager or his or her designated representative. George Mason’s representative for
matters involving the day-to-day administration of this Agreement shall be its Senior Vice
President for Administration and Finance or his or her designated representative.
ARTICLE XII. NOTICES
All demands, notices, approvals, consents, requests and other communications hereunder shall be
in writing and shall be deemed to have been given when delivered in person or mailed by first
class mail, postage prepaid and addressed to the person or office designated pursuant to Article
XII. Such addresses may be changed from time to time by written notice to the designated
representatives of all other Parties.
ARTICLE XIII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties
and their respective successors and assigns.
ARTICLE XIV. NONDISCRIMINATION
In the carrying out of this Agreement, no Party shall discriminate in any manner that violates
Federal or Virginia law or its own policy.
ARTICLE XV. SEVERABILITY
If any provision of this Agreement shall be held invalid by any court of competent jurisdiction,
such holding shall not invalidate any other provision hereof.
28
Page 14 of 17
ARTICLE XVI. APPLICABLE LAW
This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia.
ARTICLE XVII. COUNTERPARTS
This Agreement may be executed in any number of counterparts and by different parties thereto
on separate counterparts, each of which, when so executed and delivered, shall be deemed to be
an original and all of which, taken together, shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the RECTOR AND BOARD OF VISITORS OF
GEORGE MASON UNIVERSITY, the BOARD OF COUNTY SUPERVISORS OF PRINCE
WILLIAM COUNTY, VIRGINIA and THE CITY OF MANASSAS, VIRGINIA, have
caused this Agreement to be executed in their respective names by their duly authorized
representative effective as of the Commencement Date.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURES ON FOLLOWING PAGES.]
29
Page 15 of 17
Freedom Aquatic & Fitness Center Tripartite Agreement
(SEAL) THE RECTOR AND BOARD OF VISITORS OF
ATTEST: GEORGE MASON UNIVERSITY
______________ BY: ____________________________________
Carol D. Kissal
Senior Vice President for Administration and Finance
Date: _________________
30
Page 16 of 17
Freedom Aquatic & Fitness Center Tripartite Agreement
(SEAL) THE BOARD OF COUNTY SUPERVISORS OF
ATTEST: PRINCE WILLIAM COUNTY, VIRGINIA
______________________ BY: ___________________________________
Clerk County Executive
Date: _________________
31
Page 17 of 17
Freedom Aquatic & Fitness Center Tripartite Agreement
(SEAL) THE CITY OF MANASSAS, VIRGINIA
ATTEST:
______________________ BY: ___________________________________
City Clerk City Manager
Date: _________________
32
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: Resolution #R-2019-50: Recognize the Benefits and Value of Regionalism in the National Capital Region
Recommendation: Approve
Motion: 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-2019-50 be approved.
Date Last Consideredby City Council:
N/A
Summary and/orComments:
The proposed resolution recognizes and promotes regional cooperation and support for fellow jurisdictions in the National Capital Region.
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: W. Patrick Pate, City [email protected](703) 257-8212
33
MOTION: April 22, 2019Regular Meeting
SECOND: Res. No. R-2019-50
RE: RECOGNIZE THE BENEFITS AND VALUE OF REGIONALISM IN THE NATIONAL CAPITAL REGION
2 SpacesWHEREAS, the City of Manassas, Virginia, recognizes and values its role as an integral part
of the economically vibrant and socially diverse National Capital Region; and1 Space
WHEREAS, the National Capital Region functions most effectively to enhance the social and economic well-being of its residents, businesses and visitors, and to ensure a growing economy, when its jurisdictions collaborate to address regional challenges and design and implement regional policies and plans; and
WHEREAS, for the natural environment of the National Capital Region to be protected, regional cooperation is necessary to improve air quality, water quality and ecology; and
WHEREAS, the National Capital Region is comprised of 14 cities, eight counties, and many towns in Virginia, Maryland and the District of Columbia; and
WHEREAS, the National Capital Region is home to approximately 5.5 million residents and is projected to have 6.9 million residents by the year 2045; and
WHEREAS, the National Capital Region is comprised of interconnected and often interdependent networks of streets, roads, bridges, sidewalks, bicycle paths, and transit systems, as well as sanitary sewer, stormwater and water infrastructure; and
WHEREAS, National Capital Region jurisdictions support each other’s police, fire services, and emergency medical services on a daily basis by responding to requests for service across jurisdictional boundaries through automatic aid and mutual aid agreements; and
WHEREAS, because the National Capital Region includes the seat of the government of the United States, a coordinated metropolitan homeland security plan is in the interest of national and regional security; and
WHEREAS, effective regionalism means prioritizing the interests of the region as a whole over local jurisdictional self-interests.
NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby:
1. The City of Manassas, Virginia, recognizes the benefits of regionalism for Manassas and the entire National Capital Region;
34
April 22, 2019Regular Meeting Res. No. R-2019-50Page Two
2. The City of Manassas, Virginia, recognizes the interests for the good of the region are often paramount compared to the interests of an individual jurisdiction;
3. The City Council of the City of Manassas, Virginia, pledges to continue its best efforts and faithful cooperation in working with other jurisdictions and regional bodies within the National Capital Region, as well as working with the Commonwealth of Virginia, the State of Maryland, the District of Columbia, and the United States Government in addressing regional issues, and designing and implementing regional policies and plans;
4. The City Council of the City of Manassas, Virginia, further pledges the exercise of leadership on regional matters by its members and City staff through the active participation on regional boards, commissions and committees; and
5. The City Council of the City of Manassas, Virginia, urges other jurisdictions within the National Capital Region to adopt similar resolutions and take actions showing their support for regionalism.
Harry J. Parrish II Mayor
On behalf of the City Council Of Manassas, Virginia
ATTEST:
Rose V.B. Spring, Acting City Clerk
Votes:Ayes: Nays: Absent from Vote: Absent from Meeting:
35
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: Resolution 2019-09-R: Amending the FY 2019 Budget by Budgeting and Appropriating $392,903 of Additional Federal CMAQ Grant Funds for the Citywide Traffic Improvements - Signal Software and Equipment Project
Recommendation: Approve
Motion: 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 2019-09-R be approved.
Date Last Consideredby City Council:
N/A
Summary and/orComments:
Items included in this Resolution were reviewed by the Finance Committee
Board – Committee – or Commission Reviewed:
Finance Committee – April 10, 2019 (Approved Unanimously)
Fiscal Impact: $392,903 – Federal CMAQ Grant
Staff Contact: Bryan D. Foster, Deputy City [email protected](703) 257-8226
36
RESOLUTION 2019-09-R
Adopted:
BE IT RESOLVED by the Council of the City of Manassas meeting in regular session this 22nd
day of April, 2019, that the following funds be budgeted and appropriated as shown.
NVTA CAPITAL PROJECTS FUNDRevenue:39998300-333001 C5160 Federal Grant 392,903
Expenditure:39945300-439000 C5160 Citywide Traffic Improvements 392,903
For: Citywide Traffic Improvements Grant
This resolution shall take effect upon its passage.
Harry J. Parrish II Mayor On Behalf of the City Council
of Manassas, VirginiaATTEST:
__________________________________Rose V. B. Spring Acting City Clerk
37
3
Cc: Claudia Llana; Fortune, Anna; Jan Vaughan; Chloe Delhomme; Amir Salahshoor Subject: Re: UPC 109642 Funding Transfer for Award
[EXTERNAL]
Derick,
Since you're out for the next 2 weeks, I took the liberty of updating the PCES estimate for UPC 106942 so the funding transfer can be completed for project Award. I've updated the estimate to accommodate the RJACC transfer first, then Anna will process the residue parcel fund transfer and you or I will update the estimate to the full amount.
For documentation purposes:
Current SYP Allocations $433,000
CMAQ‐RJACC Transfer on 11/29/18 $375,549 (The CMAQ match requirement of $12,953 can be taken from the existing $14,525 Residue Parcel funds already in the project allocations. See below screencap.)
2nd Residue parcel surplus fund $17,354 (From T11514, we recommend transferring the entirety to cover PE spent [$9,751 as of 9/7/19] + PE contingency)
---------------------------------------------------------------------
FUNDING TOTAL: $825,903
PE Estimate: $10,000
RW Estimate: $0
CN Estimate: $815,903 (The CN Award request on 1/10/19 was for $821,502.00.)
---------------------------------------------------------------------
Total Estimate: $825,903
1st Residue Parcel funds already in UPC 109642: 38
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: Proclamation: Business Appreciation Month
Recommendation: Approve
Motion: 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 Proclamation designating the month of May 2019 as Business Appreciation Month be approved.
Date Last Consideredby City Council:
April 9, 2018
Summary and/orComments:
N/A
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: Nicole Smith, Economic Development [email protected](703) 257-8882
39
P R O C L A M A T I O N
WHEREAS, businesses play a pivotal role in strengthening our Commonwealth by embracing job creation and innovative technologies, and by employing a diverse workforce to preserve the economic well-being of all our citizens; and
WHEREAS, The City of Manassas is pleased to have a thriving base of business and industry to support the local economy; and
WHEREAS, these businesses provide essential employment opportunities, provide local tax revenues, and make other significant contributions to our community that promote both educational opportunities for our children and a variety of activities, thereby increasing the quality of life of our citizens; and
WHEREAS, Business Appreciation events offer the citizens of the City of Manassas a unique opportunity to recognize City businesses for the essential role they play in moving the Commonwealth of Virginia forward.
NOW THEREFORE, I, Harry J. Parrish II, Mayor of the City of Manassas, Virginia and on behalf of the Manassas City Council hereby proclaim the month of May, 2019 as
BUSINESSAPPRECIATION
MONTHin the City of Manassas and salute our existing businesses and industries by virtue of this proclamation.
ATTEST:
________Harry J. Parrish II, Mayor Rose V.B. Spring, Acting City Clerk
On behalf of the City Councilof Manassas, Virginia
40
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: Proclamation: Child Abuse Prevention Month
Recommendation: Approve
Motion: 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 Proclamation designating the month of April 2019 as Child Abuse Prevention Month be approved.
Date Last Consideredby City Council:
April 23, 2018
Summary and/orComments:
N/A
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: Ron King, Director of Social [email protected](703) 257-2329
41
P R O C L A M A T I O N
WHEREAS, preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community; and
WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and don’t know how to cope; and
WHEREAS, the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community; and
WHEREAS, all citizens should become involved in supporting families in raising their children in a safe, nurturing environment; and
WHEREAS, effective child abuse prevention programs succeed because of partnerships created among families, social services agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community.
NOW THEREFORE, I, Harry J. Parrish II, Mayor of the City of Manassas, Virginia and on behalf of the Manassas City Council, proclaim the month of April, 2019 as
Child Abuse Prevention Monthin the City of Manassas, and call upon all citizens, community agencies, faith groups, medical facilities, and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and neglect and strengthening the communities in which we live and call this observance to the attention of all our citizens.
ATTEST:
____Harry J. Parrish II, Mayor Rose V.B. Spring, Acting City Clerk
On behalf of the City Councilof Manassas, Virginia
42
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: Consent Agenda
Agenda Title: Proclamation: National Travel & Tourism Week
Recommendation: Approve
Motion: 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 Proclamation designating the week of May 5 - 11, 2019 as National Travel and Tourism Week be approved.
Date Last Consideredby City Council:
May 8, 2017
Summary and/orComments:
N/A
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: Nicole Smith, Economic Development [email protected](703) 257-8882
43
P R O C L A M A T I O N
WHEREAS, travel has a positive effect on Virginia, the nation’s economic prosperity, and image abroad, it also impacts business productivity and promotes well-being; and
WHEREAS, according to the U.S. Travel Association, travel to and within the United States provides significant economic benefits for the nation, generating more than $2.5 trillion in economic output in 2018, with $1 trillion spent directly by travelers; and
WHEREAS, travel is among the largest private-sector employers in the U.S., supporting 15.7 million jobs in 2018 including 8.9 million directly in the travel industry and 6.8 million in other industries; and
WHEREAS, travelers to the City of Manassas directly generated tax revenues of $1.85 million in 2017, funds used to support essential city services and programs that enhance the quality of life for residents and further develop the Manassas brand; and
WHEREAS, travelers to the City of Manassas provided tax revenues of $3.36 million to the Commonwealth in 2017, funds used to support essential state services and programs that enhance the quality of life for residents and further develop the Commonwealth; and
WHEREAS, the City of Manassas generated $71 million in visitor expenditures and supported 589 jobs in 2017 with a total payroll of $12 million in direct wages, salaries, and tips according to Virginia Tourism Corporation research, and
WHEREAS, travel is a pillar of economic growth, creating jobs at a faster rate than other sectors.
NOW THEREFORE, I, Harry J. Parrish II, Mayor of the City of Manassas, Virginia and on behalf of the Manassas City Council hereby proclaim the week of May 5th – May 11th, 2019 as
NATIONAL TRAVEL AND TOURISM WEEKin the City of Manassas and urge the citizens of Manassas to join me in this special observance with appropriate event and commemorations.
ATTEST:
________Harry J. Parrish II, Mayor Rose V.B. Spring, Acting City Clerk
On behalf of the City Councilof Manassas, Virginia
44
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: N/A
Agenda Title: Resolution #R-2019-51: Appointment of City Clerk
Recommendation: Approve
Motion: I move that Resolution #R-2019-51 be approved.
Date Last Consideredby City Council:
January 2, 2019
Summary and/orComments:
This action completes the recruitment and selection process for the position of City Clerk for the City of Manassas.
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: Darla Hicks, Human Resources [email protected](703) 257-8248
45
MOTION: April 22, 2019City Council Meeting
SECOND: Res. No. R-2019-51
RE: APPOINTMENT OF CITY CLERK
BE IT RESOLVED by the Council of the City of Manassas, Virginia, meeting this 22nd day of April, 2019, that the City Council hereby appoints Lee Ann Henderson to the position of City Clerk, effective April 29, 2019, to serve at the pleasure of the Council in accordance with Chapter IV – Paragraph 12 of the City Charter.
Harry J. Parrish II Mayor
On behalf of the City Council Of Manassas, Virginia
ATTEST:
__________________________________Rose V.B. Spring, Acting City Clerk
Votes:Ayes: Nays: Absent from Vote: Absent from Meeting:
46
City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: 5 Minutes
Agenda Title: Resolution #R-2019-52: A Resolution Approving the First Amendment to the Cooperation Agreement for Manassas Gateway Between the City of Manassas and the Economic Development Authority of the City of Manassas
Recommendation: Approve
Motion: I move that Resolution #R-2019-52 be approved.
Date Last Consideredby City Council:
July, 2015
Summary and/orComments:
On July 27, 2015 City Council and EDA entered into a Cooperation Agreement designed to facilitate the development of Manassas Gateway. The Agreement stipulates that the proceeds of any land sales by the EDA shall be remitted to the City.
In October 2016 EDA entered into a Purchase and Sale Agreement for the construction of a hotel at Manassas Gateway. The Agreement contained an obligation to provide the developer with an annual cash grant equal to the difference between the taxes paid on the assessed value of the land without improvements and the value with improvements for two years. The Agreement was subsequently amended in November, 2018 to extend the period of the grant to three years. EDA will enter into a Performance Agreement with the hotel developer that details the terms and conditions of the grant.
To facilitate making the grant payments staff is proposing that City Council and EDA amend the 2015 Cooperation Agreement. The amendment allows EDA to retain $350,000 from the sales proceeds on the hotel property for the purpose of making the grant. The actual amount of the grant is unknown as it depends on the pace of construction and future assessed values. It is not expected to exceed $350,000. The amendment also states that any funds remaining unspent at the end of the grant term must be remitted to the City unless City Council at the time determines otherwise.
Board – Committee – or Commission Reviewed:
Land Use Committee – March 26, 2019
Fiscal Impact: None
Staff Contact: Nicole Smith, Economic Development [email protected](703) 257-8882
47
MOTION: April 22, 2019Regular Meeting
SECOND: Res. No. R-2019-52
RE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE COOPERATION AGREEMENT FOR MANASSAS GATEWAY BETWEEN THE CITY OF MANASSAS AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF MANASSAS
WHEREAS, the City of Manassas (“City”) and the Economic Development Authority of the City (“EDA”) entered into a “Cooperation Agreement for Manassas Gateway” dated July 27, 2015 (the “Agreement”), to promote and facilitate the development of the mixed use Manassas Gateway project; and,
WHEREAS, section 5 of the Agreement provides that the net proceeds from the sale of any Manassas Gateway parcel by the EDA will paid to the City by the EDA within 60 days of the sale; and,
WHEREAS, the EDA has contracted to sell a portion of the Manassas Gateway property for development of a hotel, and as an incentive for the development has agreed to provide the developer with an annual cash grant for a three year period, based on the amount of new City tax revenues generated by the development of the hotel; and,
WHEREAS, the City and the EDA now wish to amend the Agreement to allow the EDA to retain $350,000 of the proceeds from the sale of the hotel property, and to use those funds for payment of the annual grant due to the developer; and,
WHEREAS, the proposed Amendment allowing the EDA to retain a portion of the proceeds of the sale of the hotel property appears to be in the City’s best interests and consistent with the underlying purposes of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Manassas, Virginia that the attached “First Amendment to Cooperation Agreement for Manassas Gateway” between the City of Manassas and the Economic Development Authority for the City of Manassas is hereby approved, and the Mayor is authorized to execute the Agreement on behalf of the City, in form approved by the City Attorney.
48
April 22, 2019Regular MeetingRes. No. R-2019-52Page Two
___________________________________Harry J. Parrish II Mayor
on behalf of the City Councilof Manassas, Virginia
ATTEST:
______________________________Rose V.B. Spring, Acting City Clerk
Votes:
Ayes:Nays:Absent from Vote:Absent from Meeting:
49
1
FIRST AMENDMENT TO COOPERATION AGREEMENT
FOR
MANASSAS GATEWAY
THIS FIRST AMENDMENT TO COOPERATION AGREEMENT FOR
MANASSAS GATEWAY (this “Amendment”) is entered into as of the ___ day of _________,
2019, by and between THE CITY OF MANASSAS, VIRGNIA, a political subdivision of the
Commonwealth of Virginia (the “City”) and the ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF MANASSAS, a political subdivision of the Commonwealth
of Virginia (the “EDA”), provides as follows:
RECITALS
WHEREAS, the parties have previously entered into that certain Cooperation Agreement
for Manassas Gateway dated as of July 27, 2015 (the “Agreement”) wherein the City and the EDA
jointly agreed to cooperate for the purposes of developing certain real property located in the City,
which land is commonly referred to as the Gateway development property (the “Property”); and
WHEREAS, pursuant to the Agreement the City was required to have conveyed the
Property to the EDA, and the EDA was in turn to have conveyed the Property to a developer
subject to an Agreement of Purchase and Sale (the “Purchase Agreement”) which was to have
been subject to approval by the City; provided that said approval shall not make the City a party
to said instrument, nor create any duties or liabilities on behalf of the City; and
WHEREAS, the gross price for which the EDA will sell the Property or any portion thereof
is to be set forth in the Purchase Agreement between the EDA and the developer and the sales
proceeds, net of all expenses incurred by the EDA from the sale of the Property or any portion
thereof, is to be paid to the City by the EDA within sixty (60) days of closing on the Property or
any portion thereof; and
WHEREAS, the EDA has entered into a Purchase Agreement dated October 4, 2016 with
Manassas Gateway Hotel LLC (as heretofore amended, the “Hotel Agreement”) for sale of a
portion of the Property (the “Hotel Land”) as the same is more fully described in the Hotel
Agreement; and
WHEREAS, the Hotel Agreement calls for a certain Economic Development Incentive
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Grant (the “Grant”) in the form of cash reimbursement payments from the EDA equal to the
difference between real property taxes assessed and imposed by the City based on: (i) the Assessed
Value (as the term is hereinafter defined) of the Hotel Land; and (ii) the real estate taxes assessed
and imposed by the City on the Hotel Land, together with all improvements on the Hotel Land,
each year for a period of three (3) years from the closing date. For the purposes of this Amendment,
the term “Assessed Value” shall mean and refer to the value of the Hotel Land, but excluding all
improvements constructed thereon, if any, as the same is finally determined by the first
reassessment of the Hotel Land made after the closing date by the City.
NOW, THEREFORE, in order to accommodate the Grant by the EDA, the parties hereto
have AGREED to amend the Agreement as follows:
1. Except as expressly defined in this Amendment, each capitalized term used herein
shall have the same meaning as in the Agreement.
2. Effective as of the date of this Amendment, the Agreement is deemed amended in
order to permit EDA to retain Three Hundred and Fifty Thousand Dollars
($350,000.00) of the net sales proceeds from the sale of the Hotel Land (the “EDA
Funds”). The parties hereto agree that the EDA Funds will only be used to fund the
reimbursement Grant to the developer of the Hotel Land, and for no other purpose
without the prior approval of the Manassas City Council.
3. All remaining sales proceeds realized by the EDA in accordance with the terms of
the Hotel Agreement, exclusive of the EDA Funds which may be retained by the
EDA in order to fund the Grant, shall be paid by the EDA to the City within sixty
(60) days of closing as stipulated in the Agreement.
4. Upon final disbursement of the Grant, EDA shall provide the City with accounting
of the amount of the EDA Funds that were disbursed in order to fund the Grant and
the amount, if any, remaining on deposit with the EDA.
5. Notwithstanding anything herein or in the Agreement to the contrary but subject to
the consent of the City to be hereafter granted, the balance of the EDA Funds, if
any remaining on deposit with the EDA after final disbursement of the Grant, may
be retained by the EDA.
6. Nothing herein shall be construed to obligate the City to pay or to otherwise fund
any portion of the Grant.
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7. Whenever any provision or term herein conflicts with, or is deemed to be in conflict
with, any provision or term in the Agreement, the provision or term set forth in this
Amendment shall prevail.
8. In all other respects the Parties do hereby confirm the terms and provisions of the
Agreement as expressly amended hereby.
9. This Amendment may be executed in multiple counterparts, each of which shall be
deemed an original and all of which together constitute one and the same document.
Signatures sent by email shall have the same binding effect as original signatures.
[Signatures contained on separate page immediately following]
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IN WITNESS WHEREOF, this First Amendment has been executed on behalf of the
EDA and the City:
CITY OF MANASSAS, VA
By: ______________________________________
Harry J. Parrish, II, Mayor
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF MANASSAS
By: ______________________________________
Mark T. Olsen, Chairman
Approved as to form:
By:____________________________
(City Attorney)
By: ____________________________
(EDA Attorney)
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City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: 5 Minutes
Agenda Title: Request for Franchise Proposals for a 40 year Franchise for the Lease of Parcel 4, a 2.2 Acre Parcel at 10520 Wakeman Drive for the Purpose of Operating anExisting 12,000 Square Foot (SF) Aircraft Hangar with Office Space, and Financing, Constructing and Operating a New Corporate Hangar that will be a Minimum of 15,000 SF
Recommendation: Postpone Opening of bids received for the Franchise till May 13, 2019.
Motion: I move that the opening of all bids received for the Franchise be postponed till May 13, 2019.
Date Last Consideredby City Council:
October 22, 2018
Summary and/orComments:
The City has solicited proposals from any qualified entity interested in using a 2.2acre site at the Manassas Regional Airport for the purpose of leasing and operating an existing 12,000 square foot (sf) hangar with office space, and financing, constructing and operating a new corporate hangar that will be a minimum of15,000 sf for aeronautical activities. Virginia law requires the advertisement and acceptance of bids because the term of the franchise exceeds 5 years (it is for 40 years). A public hearing on the granting of the franchise is also required by law.
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: The minimum acceptable bid is $151,117 annually. The rent will be escalated by 2.9% annually.
Staff Contact: Juan Rivera, Airport Director [email protected](703) 361-1882
Craig Brown, City [email protected](703) 257-8208
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City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 15, 2019
Time Estimate: 45 Minutes
Agenda Title: Authorization of a Closed Meeting
Recommendation: Authorize a Closed Meeting
Motion: I move that the Council convene in a closed meeting to discuss the following as permitted by Virginia Code Sec. 2.2-3711 Paragraph A (1): Appointments to Boards, Committees, and Commissions.
Date Last Consideredby City Council:
N/A
Summary and/orComments:
If the City Council votes to hold a closed meeting, the Council will be required to certify by motion that the meeting was held in conformance with the amended Virginia Freedom of Information Act.
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: W. Patrick Pate, City [email protected](703) 257-8212
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City of ManassasManassas City Council
9027 Center StreetManassas, VA 20110
Meeting Date: April 22, 2019
Time Estimate: N/A
Agenda Title: Certification of the Closed Meeting
Recommendation: Certify the Closed Meeting
Motion: I move 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.
Date Last Consideredby City Council:
N/A
Summary and/orComments:
If the City Council votes to hold a closed meeting, the Council will be required to certify by motion that the meeting was held in conformance with the amended Virginia Freedom of Information Act.
Board – Committee – or Commission Reviewed:
N/A
Fiscal Impact: N/A
Staff Contact: W. Patrick Pate, City [email protected](703) 257-8212
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