I've gotten a couple of emails and in-person questions on the following. I've written about one of these before but it would appear there is some interest in the subjects. Here ya go:
1. What's the deal with the 5-year forecast? Why is it $800k in the red? The Council has approved a 5-year forecast that does include an unbalanced projection for next year. I voted against that forecast as I thought the policy body should do more work in advance of sending the document to staff. That amount is somewhere north of $800,000. The big driver in that number is increasing jail expenses. Well, jail expenses have been going up for several years but we've been paying for it out of year end funds. It needs to be in operating. It isn't a one time cost. The increase is due to somewhat more aggressive enforcement. When you want to "clean things up", you're going to end up arresting more folks as tolerance decreases. We'll have to figure it out.
2. The City is trying to regulate abortion clinics? A member of Council, Mr. Aveni, asked if the Council would entertain a debate on enacting a Fairfax City zoning ordinance that requires a Special Use Permit for most medical offices. I haven't read all of the particulars in that law so I don't know much about it. I expect the land use committee will take this up in January. Just to be clear, it would have no affect upon existing facilities. Those just become "lawful non-conforming".
3. How's the new City Manager? He's good! I think the Council is getting what we thought we were going to get. That's a good thing. This isn't his fault but I'm a bit frustrated that the Council hasn't had a session to go through our strategic plan and share our thoughts on that but I'm hopeful that this meeting will be scheduled in the not too distant future. We need to do this before the budget gets rolling in earnest.
Have a nice Thanksgiving.
November 24, 2013 at 12:54 pm
How are the jail expenses divided up? Is it divided into thirds (MCITY, MPCITY and PWC) or by % of population? Just curious… Also, let's not get started on the issues that some of the extreme right bring and cost us, in more ways then one.
November 24, 2013 at 12:59 pm
We pay a percentage – I don't remember what it is but it isn't a third. It's like 12% or something. That percentage goes up if the prisoners from Manassas exceeds a set threshold.
The basic idea behind the agreement is that Manassas' jail population should be more or less related to our percentage of the aggregate population of PWC. When that isn't the case, costs go up. It's a pretty fair arrangement really.
November 24, 2013 at 4:21 pm
Hey Andy,
I thought the Fairfax regs. apply to abortion clinics, and not other medical practices. Also, it basically just says that the city council will review those types of clinics and make the decision in public process wether they will open instead of a city employee.
it seems a good idea for this to be under the careful eye of the city council, don't you think?
November 24, 2013 at 6:45 pm
on the Jail: Keep in mind also when the County does things like upgrades the computers & software, that falls into the overhead operational costs and the City picks up part of the tab. The new software was around $1.3million, and naturally we get a cost share. In theroy, our City appointee to the Jail Board should be keeping the Council apprised of changes to costs.
Also watch for the BOCS to be pushing for the funding from Richmond to finish Jail expansion plans. They have it as part of their 2014 Legislative Platform. Granted tucked down in our CIP is the final phase, but the County bears watching.
And by the way, what ever became of the Council's Work Session on the Jail mentioned about a month ago when y'all were in session?
November 24, 2013 at 7:29 pm
. Lets not burn any of council's energy coming up with more regulation geared towards ONE business in town. Carry protest signs all you want, or support the clinic all you want as private citizens. But as council members you have no right deciding one day that you own the truth and that your government should decide whether a business lives or dies. Any more than you can decide whether or not someone else's fetus does. Citizens time has become an irritating circus of non citizens and loudmouths, and by now most of you must be pretty sick of it. Keep your religion and your regulations out of my city government.
November 25, 2013 at 7:49 am
Hey J!
I haven't read the Fairfax stuff yet but my impression is that it covers a "class" of medical facilities. I'd be very surprised if it was restricted to just abortion clinics – I doubt that would pass legal muster.
I don't know what I think of requiring a Special Use Permit for medical facilities. I need some deets on what is in their zoning code. However, please understand that even if we were to require a SUP for these kinds of things, it doesn't mean we can reject an application just "because we don't like it". Well, we could but past experience indicates we would end up talking to a room full of lawyers again…
November 25, 2013 at 7:51 am
Ray:
This summer the Jail Super gave a report to Council and I thought it seemed he was fishing for a jail expansion beyond what our agreement calls for. Can't imagine the Council agreeing to that. It would be great if the state helped to pay for the jail but we'll see…
November 25, 2013 at 11:40 am
I think the city should leave the clinic alone. Don't we have failing schools and a budget problem? Is the Council doing any strategic planning or do you guys just like to see yourself on tv?
November 25, 2013 at 3:22 pm
Leave women's health clinics alone, please. Virginia is already a laughingstock – don't want to zero the media focus in on City of Manassas. http://vimeo.com/64095676
November 25, 2013 at 3:56 pm
Andy, have a question. Kind of unrelated to the topic at hand but I noticed that Philadlephia Tavern has put up railings around their restaurant since the new sidewalks have been completed. My concern is when people are outside sitting with tables and chairs, how are citizens who are walking by going to get through. Will this require people to walk in the street to get around the outside dining area? I have a concern about people who have scooters and wheel chairs.
November 26, 2013 at 10:27 am
Based on your preliminary info concerning the special use zoning, it does make sense to have such an ordinance. Let's face it these clinics are not your average doctor's office, and not the most desirable business for our very limited city space. If a new clinic wanted to come to the city, wouldn't surrounding businesses want to know if one was coming in next door? These clinics are likely to have protests in front and other possible business-deterring activities like an occasional ambulance, so it is understandable that a neighboring business would not want such a clinic present. Wouldn't you want to know if a meth addict halfway house might go in next door to your home? So a special use zoning ordinance would help protect our business base. Look what the city had to do after the fact last time we had a porn shop business come to town. Let’s learn some lessons and get ahead of any repeat of that problem.
November 26, 2013 at 12:38 pm
Gman, respectfully: So a legally operating business should be subject to higher legal hurdles because protesters of their own volition choose to protest in front of it? So if a bunch of a bunch of occupy wall streeters protest in front of banks does this mean that banks should have to be subject to new zoning reviews? More laws = less liberty.
November 26, 2013 at 2:05 pm
Zoning exists to create compatible uses for an area, or put another way the primary purpose of zoning is to segregate uses that are thought to be incompatible. Zoning laws protect a residential neighborhood when someone wants to raise 100 crowing rooster chickens in the back yard, because the two uses are incompatible. Just like zoning exists to keep a Jiffy Lube Live from being next door to a funeral home, not all businesses are compatible with each other. This business is no different – it should receive special zoning so it exists with other compatible users. If you have an issue with that Rich, you are taking on the entire urban planning philosophy.
November 26, 2013 at 2:35 pm
So would you regulate an abortion clinic and not an oral surgeon or other outpatient facility? What would be the logic behind that? They're not all that different from a functional point of view. I would doubt the justification of regulating a business because "you don't like it" will last long in court.
November 26, 2013 at 4:58 pm
Whether it be residents, schools, churches, industries, or other types of businesses all land use has “inherent characteristics” that needs to be considered when determining if it is compatible with the area. Schools and churches have traffic and parking as inherent characteristics. An industrial land use may have noise, smells, or dangerous chemicals involved in production as its inherent characteristics. A business like a gas station would have buried gas tanks creating environmental impact concerns if they leak as their inherent characteristics. An abortion clinic is no different. I don’t see any oral surgeons having protests in front of it on a regular business, but don’t most abortion clinics have protests in front of them? It is just one of the inherent characteristics associated with that business. So a special use zoning ordinance would only allow these clinics in an area where its inherent characteristics are compatible with the rest of the area.
I never said anything about “not liking it” but aren’t there plenty of zoning decisions based on a particular land use with its inherent characteristics being incompatible with other area uses? The residents of Oakenshaw didn’t like some of the inherent characteristics of Hastings Marketplace, and some changes were made in its design. Manassas residents didn’t like the inherent characteristics of a Finley asphalt plant on Hornbaker Road citing health and heavy truck traffic concerns, so its characteristics were incompatible with the community. Haymarket residents didn’t like the inherent characteristics of a Disney park, and on and on. Creating a special use zoning ordinance now rather than when a clinic submits an application can help avoid repeating these past local zoning issues.
November 26, 2013 at 8:10 pm
G- I merely took issue with the point you made about potential protestors being used as a reason for regulating a business. You did in fact explicitly make that point. I additionally noted the tautology that more laws equal less freedom; thus any law that could result in punishment better have a really solid underlying basis. I don't see how anyone could argue against that. Instead, however, you argue against points I did not make, as though I had argued that we shouldn't have municipal ordinances. The issue here is not whether we should have ordinances or not, but rather at what point is there a constitutionally defensible basis for limiting the freedoms of businesses and individuals by governmental instrumentalities.
November 27, 2013 at 8:31 am
Mary Ann, with regards to Philly Tavern and the seating….they are required by their license with the City to comply with the ADA to allow for the 5foot clearance for passage of wheelchairs (and as you mentioned, strollers).
City Council approved the renewal of the license with the Tavern on November 18 – see Page 9 of the Agenda packet as it has the full license. Haven't driven past to see how it is set up yet, but the Tavern should be setting it up like the places over on Battle Street.
http://www.manassascity.org/ArchiveCenter/ViewFile/Item/5577
November 27, 2013 at 9:47 am
Mary & Ray: their outside area is configured so that there is a 5 foot gap on both sides so that you can indeed get a wheelchair through there. The city does enforce that too. I've gotten calls from unhappy retailers in the past when the city put its foot down.
November 27, 2013 at 1:07 pm
The only problem with the 5 foot gap is that it is ok if there are no tables and chairs and people sitting in them. That could create a problem of getting through. One thing the retailers need to understand is that the sidewalks are public access and owned by the citizens and citizens should not have to go into the street to get around the outdoor dining.
November 27, 2013 at 5:27 pm
Rich – Punishment? Who is being punished? The businesses around the clinic? "a constitutionally defensible basis for limiting the freedoms of businesses and individuals by governmental instrumentalities" Don't the surrounding businesses have freedoms that would be limited by the presence of a clinic? There needs to be equal consideration of their rights too.
November 29, 2013 at 4:11 pm
We'll just have to see what the details are. This is always a difficult issue but the details are going to be at the center of this…
December 2, 2013 at 5:52 pm
Andy, your right about the SUP and the details in terms of waiting to see. I have been pondering this and for the life of me, cannot see why even the need for the SUP given several things.
When the Forestwood Professional Village was built, it was zoned multi-purpose, but primary attraction was for medical offices. Rumor I heard once was back in the day when the old Prince William Hospital had its real estate arm, they were part of the investors in it. So the City deemed medical offices appropriate in that complex, and of course the City certifies and Occupancy Permit.
It is interesting when you look at the "neighbors" of Amethyst, they include the Court Appointed Special Adovcates (CASA) along with other non-medical businesses. There is also a Unit Owners Association (similar to an HOA/COA) and that UOA is legally registered in Virginia.
Now, toss in the prior Sudley Road/Hosptial Sector Plan Study, and as I recall when participating in the CAC meetings, a lot of the area by the hospital and across the street in the existing various groupings of buildings for medical offices were mentioned, plotted and discussed. The encouragement of course to create a "medical complex area" – my phrase for it.
So we have already studied or approved to death any permitting process. For life and logic, I cannot see the need to go through another study process for a SUP since there is long established process, policy, plans in place. Only thing that keeps leaping out – aside from the hot topic of that clinic – is somebody must need some footing for running in 2014 local election.
Discussion of a SUP at the LUC Is one thing….moving on to a study is another. So tell me, oh Wise Councilman, given the development history and the various planning studies, is going futher than about maybe 20 minutes at LUC necessary?
December 3, 2013 at 7:39 am
It's all in the details Ray. I've asked the city atty to provide the text of the FFX ordinance so we can all take a look at it.
As a general rule, I'm more interested in conducting a complete overhaul of the zoning code than continuing to spend $100k on individual studies when an issue arises because of our ancient and outdated zoning ordinance but I'm probably in the minority. Yes, it'll cost money but it will help keep us out of court and bring our code up to spec: we aren't a farming community anymore….
December 4, 2013 at 8:53 am
Thanks, Andy!
December 4, 2013 at 9:40 am
For cryuing out loud with the clinic. Looks like the abortion issue will be front and center in the next city election! Which republican can be the ultimate pro-lifer?
December 4, 2013 at 10:23 am
Interesting, the visual of the meeting speaks a thousand words. Once again, white republican men looking to decide the economic freedom of women.
December 4, 2013 at 12:40 pm
The abortion issue has been front and center as long as I've been invovled. The first time I ran for office I was grilled about my position on abortion and the clinic. I got a few questions on taxes but nothing like the abortion stuff. Was I 100% pro-life or 50% or ? Did I support any "exceptions?"
At the time (7 years ago), I really didn't know what to make of that. I was pretty sure abortion was a federal issue.
December 4, 2013 at 5:35 pm
After a phone conversation this morning, I went out to look at what Fairfax City did in terms of a code change. The key phrase in the Council's approved resolution: "Medical Care Facility means any hospital, urgent care facility, surgical center, or similar use. Medical Care Facilities shall not include a physician's or dentist's office."
If you want to read the Staff Report and the language of the proposed changes: http://fairfax.granicus.com/MetaViewer.php?view_id=11&clip_id=1088&meta_id=35073
Ok, reasonable enough. Search Manassas City Code for the word "medical" and you find nothing. In glancing through what Fairfax City did, they also aligned it somewhat with the Virginia Code on Licensure and Inspection.
As I said to Marc Aveni this morning on the phone, I can get behind cleaning up the City Code…I have advocated more than once for that. So if this is simply focused on fixing our Code as the other jurisdictions did, reasonable it be. Of course, the trick will be is to make sure we don't put to many layers on the onion since Novant Health in their generalized way they talk of their Strategic Plan, want to expand and include various clinics/ambulatory centers. By the Manassas Next 2032 approved document, supporting their efforts is an objective.
December 4, 2013 at 6:34 pm
Reading that staff report leaves me with the impression that there is a fair amount not said there…..wonder what was going on.
December 5, 2013 at 10:03 am
Andy, if it helps, the link below is to their July 9th minutes recording all points of discussion by their Council and Citizen comments from Public Hearing.
http://fairfax.granicus.com/MetaViewer.php?view_id=11&clip_id=1095&meta_id=35256
December 5, 2013 at 2:03 pm
Please observe the rules. Comments should be limited to the subject at hand. This is not a platform for attacks on other folks.
December 8, 2013 at 2:07 pm
Five Year Forecast: one item always discussed in terms of Revenue is the BPOL Tax.
The Joint Legislative Audit Review Commission has done and study and prepared a report on "Impact of Changing the Basis of the BPOL Tax From Gross Receipts to Income". A one-page fact sheet (if you don't want to read the long report) is available at:
http://jlarc.virginia.gov/factsheets/Fct447.pdf