OFFICIAL MINUTES OF THE PUBLIC HEARING HELD BY THE MANASSAS PARK GOVERNING BODY HELD ON TUESDAY, MAY 8, 2012 AT 7:00 PM AT MANASSAS PARK CITY HALL, ONE PARK CENTER COURT, MANASSAS PARK, VIRGINIA

1. Roll Call: Frank Jones, Mayor

Bryan E. Polk, Vice Mayor

Keith Miller

Preston Banks

Brian Leeper

Absent: Suhas Naddoni

William J. Treuting, Jr.

Staff Present: Lana A. Conner, City Clerk

Dean Crowhurst

James Zumwalt, City Manager

Councilmember Naddoni was out of town on business and Councilmember Treuting will try to attend the meeting but will be late due to a meeting at work he had to attend.

1. Approval of Agenda:

MOTION: Councilmember Miller moved to approve the Agenda with following amendments:

#3 Item becomes Tyler Contract for municipal software and renumber the remaining items.

Item 11: Closed meeting called for (7) Consultation with City Attorney

SECOND: Councilmember Banks

VOTE: Unanimously passed

2. Public Hearings:

Water & Sewer Budget: Rate Structure:

The Mayor opened the Public Hearing at 7:05pm.

Persons wishing to speak at this Public Hearing:

1. Dr. Laura Mattison, 9711 Handerson Place #104:

She lives in Park Station. She would like to address proposed increase of base rate of $52 per account. Condos are assessed as one account. The reserve condos are assessed as 300 individual houses. The demographics are young families, single individuals or retirees. She believes this would equate to a base rate of a five member family house in Bristow. Larger families will use more water. They would use a considerable amount of water as opposed to single family. It is unclear why they are charged more under this rate because there is not disparity. Units under foreclosure are still considered an account and HOA still have to pay and she disagrees with this because the premise is vacant and they are not using water. Springfield HOA and condos are paying about $20 a month. This rate will just maintain what we have in the city no softeners or improving the system. She would like to see more equality in the system. Maybe smaller families have a lower base rate.

2. Frank Murphy, 173 Lambert Drive:

Has the city looked at our predicament in the future with what we will have to pay? He is asking the Governing Body to look real hard at the cost the city is paying to Prince William County and City of Manassas for water. It is only going to get more expensive and he knows this from past experience. He thinks the City should look at drilling wells. There is no state requirement on preventing city from drilling wells. The Public Works Director stated that if city did that they would have to treat the water. Charge $1 extra and put it in reserve to do something about this water situation. We have been treated badly by Prince William County and Manassas and it is not going to get any better. Could you put in a filtering plant on Bull Run above Upper Occoquan Sewage Authority? Former Mayor Roger Costello stated the city’s most two valuable assets were water & sewer. Now the water is very expensive. The Mayor stated they would look at this option and get cost estimates on drilling and treating the well water. Give these estimates to the citizens.

20918

Page Two Governing Body Meeting May 8, 2012

Close Public Hearing at 7:16 PM:

MOTION: Councilmember Miller

SECOND: Councilmember Leeper

VOTE: Unanimously passed

Councilmember Banks thanked the citizens for coming out and speaking to the Governing Body. The Mayor thanked the citizens for coming out. Vice Mayor Polk stated nobody is happy with this situation. He remembers many discussions over the years on Upper Occoquan Sewage Authority. The infrastructure cost is there no matter whether you use any water or not. This is mostly contributed to Upper Occoquan Sewage Authority and very little maintenance on the system over the years. Per capita; this is a huge cost for a little city.

3. Tyler Software Package:

Tyler accepted all City Attorney changes. He has a few minor changes but nothing substantive. The issue was about modifying the access to the source codes if Tyler refused to change software, was purchased by another entity that refused to change software or declared insolvent or bankruptcy. Tyler stated they cannot modify source code if they change software or are sold. We can modify the source code if Tyler goes bankrupt. The question of insolvency was not answered. Their agreement is with the escrow agent and it is same for all clients. It is a very standard industry practice. The city cannot buy that right. The successor takes over what Tyler has and would have the same rights as with previous agreement. Councilmember Polk stated he is okay with moving forward because it is almost impossible to get access to source codes. The city rewrote the agreement and Tyler does not want to continue negotiations. The Mayor stated that he feels the city is protected with this agreement.

MOTION: Councilmember Polk moved to authorize the City to go forward with the Tyler Software Package subject to final review by the City Attorney and authorizing the Mayor to sign agreement with final approval by City Attorney.

SECOND: Councilmember Leeper

The City Attorney stated the city must pay for access to source codes for $700 a year and we then become beneficiary of that source code if bankruptcy happens.

VOTE ROLL CALL: Unanimously passed

11. Closed Meeting State Code of Virginia Freedom of Information Act Section 2.2- 3711a of the Code of Virginia: 7:28 PM:

MOTION: Councilmember Miller moved to accept recommendation of City Attorney that the Governing Body go into closed meeting to consult with the City Attorney regarding specific legal matters requiring the provision of legal advice by the City Attorney pursuant to paragraph 7, respectively, of Subsection 2.2-3711A of the Code of Virginia.

SECOND: Councilmember Polk

VOTE: Unanimously passed

Councilmember Treuting arrived at 7:35pm during closed meeting.

12. Return to Open Session: 7:55pm

MOTION: Councilmember Banks

SECOND: Councilmember Miller

VOTE: Unanimously passed

13. Certification & Action out of Closed Meeting if Necessary

MOTION: Councilmember Miller

SECOND: Councilmember Leeper

VOTE ROLL CALL: Unanimously passed

20917

Page Three Governing Body Meeting May 8, 2012

14. Adjournment: 7:58 pm:

The Mayor adjourned the meeting at 7:58 pm.

Approved June 5, 2012

______

Frank Jones, Mayor

______

Lana A Conner

20916