Mayor Parrish called the meeting to order at 5:30 p.m. giving the invocation and leading those present in the Pledge of Allegiance to the flag.

Transcription

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: Mayor Harry J. Parrish II, Council Members Marc T. Aveni, Sheryl L. Bass, Andrew L. Harrover, J. Steven Randolph, Jonathan L. Way, and Mark D. Wolfe; City Manager Lawrence D. Hughes, Deputy City Attorney Martin R. Crim, Chief of Police Douglas W. Keen, Fire and Rescue Chief Mike L. Wood, Assistant Fire Chief Leon Buckley, Assistant Fire Chief Mike Rohs, Fire Marshal Francis J. Teevan, Deputy Fire Marshal James Hartnett, Development Services Manager Jamie Collins, Planning and Zoning Services Manager Terry Russell, Senior Planner Gregory Bokan, Public Works and Utilities Director Mike C. Moon, Assistant Public Works Director Nichalos Gardner, Deputy Director of Electric Gregg Paulson, Human Resources Manager Brenda Cogdell, Airport Director Juan Rivera, and City Clerk Andrea P. Madden. Absent was City Attorney Robert W. Bendall. Mayor Parrish called the meeting to order at 5:30 p.m. giving the invocation and leading those present in the Pledge of Allegiance to the flag. City Attorney Report. No report was given. City Manager Report. The City Manager reported on the following items: 1. Mr. Hughes introduced guests from Northern Virginia Community College who provided an update on the various programs at the college. 2. Mr. Hughes asked Fire Chief Mike L. Wood and Fire Marshal Francis J. Teevan to report to City Council their findings regarding the structural fires at Sumner Lake on Thursday, September 23, Development Services Manager Jamie Collins confirmed that all structures were in compliance with zoning requirements and building codes. Chief of Police Report. The Chief of Police reported on the following items: 1. Chief Keen reported on an armed robbery and stabbing that occurred behind Canterbury Village on Sudley Road on Tuesday, September 21, Both suspects have been apprehended and are in the juvenile detention center. Chief Keen commended the responding officers, the investigators, and the citizens who assisted the victim and the police. 2. Chief Keen stated that the City continues to work with business owners and property owners near Mathis Avenue and Liberia Avenue to address the issue of loitering. Council Time. Council Member Harrover announced he would distribute information to City Council on Friday, October 1, 2010 in regard to the Pay and Classification Study. Council Member Randolph encouraged everyone to attend the Fall Jubilee on Saturday, October 2, 2010 in Old Town. There are many wonderful events and vendors, and the weather should be fabulous.

2 Council Member Bass stated that she recently visited the Manassas Museum and encouraged everyone to do the same; the Manassas Museum is a real gem and an asset to the City. Mayor Time. Nichalos Gardner, Assistant Public Works Director, provided a brief update on the Wellington Road Widening Project and the Overpass Project planned at Wellington and Route 28. A public meeting is scheduled for Thursday, September 30, 2010 at 6:30 p.m. in Council Chambers to allow citizens to gather information and ask questions about both projects. Mayor Parrish reported that Lake Manassas is approximately eight feet (8 ) low; the entire region is in need of rain. Mayor Parrish reported that a ribbon cutting for Harris Teeter at Hastings Marketplace will be held on Wednesday, October 6, 2010 at 8:00 a.m. Mayor Parrish reported the City Council had been invited to the groundbreaking on Friday, October 1, 2010 at 11:00 a.m. for a Roy Rogers Restaurant at Canterbury Village on Sudley Road. Mayor Parrish asked the Legislative Committee to continue working on the City s legislative priorities. Mayor Parrish announced that he would be out of the City from September 29, 2010 through October 3, Consent Agenda. Item 1. Approve Minutes of the Regular Meeting of September 13, 2010 and the Special Meetings of September 7, 8 and 14, COUNCIL MEMBER WOLFE MOVED that the Minutes of the Regular Meeting of September 13, 2010 and the Special Meetings of September 7, 8, and 14, 2010 be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 2. Consideration of an Application for FY 2012 Road Surface Transportation Projects (RSTP) and Congestion Mitigation and Air Quality (CMAQ) Funding Request for Regional Transportation Funds. COUNCIL MEMBER WOLFE MOVED that the application for FY 2012 Road Surface Transportation Projects (RSTP) and Congestion Mitigation and Air Quality (CMAQ) Funding Request for Regional Transportation Funds be approved for submission. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 3. Consideration of a Virginia Department of Aviation Grant in the Amount of $10,000 for Airport Promotion and Economic Development Projects and Authorize the Mayor to Sign the Grant Agreement.

3 Consideration of Resolution R Amending the FY 2011 Budget by Budgeting and Appropriating a $10,000 State Grant for Airport Promotion and Economic Development Projects. COUNCIL MEMBER WOLFE MOVED that the Virginia Department of Aviation Grant in the amount of $10,000 for airport promotion and economic development projects be accepted and the Mayor be given the authorization to sign the Grant Agreement. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. COUNCIL MEMBER WOLFE MOVED that Resolution R amending the FY 2011 Budget by budgeting and appropriating a $10,000 State Grant for Airport Promotion and Economic Development Projects be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 4. Consideration of Resolution #R Authorizing the Purchase of an Autosampler for the Water Treatment Plant. COUNCIL MEMBER WOLFE MOVED that Resolution #R authorizing the purchase of an Autosampler for the Water Treatment Plant be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 5. Consideration of Resolution #R Authorizing the Potomac and Rappahannock Transportation Commission (PRTC) to Unappropriate $132, from the Battle Street Project. COUNCIL MEMBER WOLFE MOVED that Resolution #R authorizing the Potomac and Rappahannock Transportation Commission (PRTC) to unappropriate $132, from the Battle Street Project be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 6. Consideration of Resolution #R Approving the Renewal of Airport Liability Insurance with the Ace Property and Casualty Insurance Company for 2010 ~ COUNCIL MEMBER WOLFE MOVED that Resolution #R approving the renewal of Airport Liability Insurance with the Ace Property and Casualty Insurance Company for 2010 ~ 2011 be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 7. Consideration of Resolution #R Accepting Streets into the City System. COUNCIL MEMBER WOLFE MOVED that Resolution #R accepting streets into the City System be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 8. Consideration of Resolution #R Honoring Beverly S. Freeman for Her Twenty-Nine (29) Years of Service to the City of Manassas. COUNCIL MEMBER WOLFE MOVED that Resolution #R honoring Beverly S. Freeman for her twenty-nine (29) years of

4 service to the City of Manassas be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 9. Consideration of Resolution #R Approving the Master Agreement on Terms and Conditions of Accepting State Aviation Funding Resources and Authorize the Mayor to Sign the Master Agreement. COUNCIL MEMBER WOLFE MOVED that Resolution #R approving the Master Agreement on Terms and Conditions of Accepting State Aviation Funding Resources be approved and the Mayor be given the authorization to sign the Master Agreement. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 10. Consideration of Resolution R Amending the FY 2011 Budget by Budgeting and Appropriating a $7,500 Contribution from the Owens Brooke Home Owners Association for the Owens Brooke Stormwater Pond Stream Bank Stabilization Project. COUNCIL MEMBER WOLFE MOVED that Resolution R amending the FY 2011 Budget by budgeting and appropriating a $7,500 contribution from the Owens Brooke Home Owners Association for the Owens Brooke Stormwater Pond Stream Bank Stabilization Project be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 11. Consideration of Resolution R Amending the FY 2011 Budget by Budgeting and Appropriating $28,561 for the Commonwealth of Virginia, Department of Motor Vehicle s Proactive Traffic Safety Grant and Authorize the City Manager to Accept the Award. COUNCIL MEMBER WOLFE MOVED that Resolution R amending the FY 2011 Budget by budgeting and appropriating $28,561 for the Commonwealth of Virginia, Department of Motor Vehicle s Proactive Traffic Safety Grant be approved and the City Manager be given the authorization to accept the award. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 12. Consideration of Resolution R Amending the FY 2011 Budget by Reducing the Budget and Unappropriating $5,640 for Reduced 2010 Northern Virginia Regional Gang Task Force Federal Grant Revenue. COUNCIL MEMBER WOLFE MOVED that Resolution R amending the FY 2011 Budget by reducing the budget and unappropriating $5,640 for Reduced 2010 Northern Virginia Regional Gang Task Force Federal Grant Revenue be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 13. Consideration of Resolution R Amending the FY 2011 Budget by Budgeting and Appropriating $160,000 of Water Fund Net Assets to Accelerate the Raw Water Pump Replacements at the Water Treatment Plant Capital Project.

5 COUNCIL MEMBER WOLFE MOVED that Resolution R amending the FY 2011 Budget by budgeting and appropriating $160,000 of Water Fund Net Assets to accelerate the raw water pump replacements at the Water Treatment Plant Capital Project be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 14 was reserved for changes to the Consent Agenda. Item 15 of the Agenda: Consideration of Resolution #R Approving Special Use Permit # : The Life Church, 9213 Center Street, to Consider a Special Use Permit Application from The Life Church Allowing A Place of Worship Pursuant to Section of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended. Mr. Bokan stated that the public hearing on this special use permit was held on September 20, 2010 with no speakers in favor of or in opposition to the permit. Council had questions and concerns regarding the daycare center, the traffic plan, and the operation of a food closet. Mr. Bokan reported that the Health Department reviews daycare uses after the special use permit is approved, typically at the time of building permit. The only time review is requested during the review of a special use permit is if the building is on a septic system. Regulation and monitoring of daycare facilities is handled through the State s Department of Social Services. Mr. Bokan stated that a traffic circulation pattern could not be completed prior to the City Council meeting. Staff proposes an update to Condition #10 requiring the plan to be completed and reviewed by both Public Works and City Council prior to the approval of an Occupancy Permit for the daycare facility. This will allow the Council the opportunity to act on the permit for the church now, while requiring the circulation plan to come back to Council for approval at a later date. In regard to the enforcement of special use permit conditions, Mr. Bokan stated that as outlined in the City s Standard Operating Procedures (SOP), proactive enforcement of conditions is carried out during normal business hours. Reactive enforcement is based upon complaints received outside of normal business hours. The SOP states that, If, after a minimum of three actual violations of the same code, proffered conditions or SUP conditions, then the Property Code Inspector shall refer the case to the Zoning Administrator and the City Attorney to determine if it is appropriate for the City to file a petition in Circuit Court for an injunction against the owner to abate the violation or cease the activity that is causing the violation. Further, the SOP states, In the case of a Special Use Permit, based on the nature of the violation, the Zoning Administrator, on advice of the City Attorney, may elect to proceed directly to the City Council Land Use Committee and the City Council for consideration of Revocation of the permit without court action. As with all special use permits, per Section of the Zoning Ordinance, the City Council has the ability to revoke a special use permit upon notice to the holder that the conditions of the permit have not been met or that failure to comply with any City regulation poses a nuisance to the surrounding properties. This gives the City Council the ability to void the permit and cease the use. The City Council asked for additional information regarding the problems associated with food closets in Old Town. Staff could not find any written documentation.

6 However, in discussion with City Staff they mentioned the following issues have been associated with past food closets: uncontrolled crowds, loitering, and a high spike in activity during a short period of time. This becomes problematic in Old Town due to the close proximity of buildings to each other. The smaller lots and building sizes make it difficult to mitigate the impacts of this use. Council Member Aveni asked if the applicant would be unwilling to consider the special use permit without the inclusion of a daycare center and food closet. Council Member Aveni stated he is supportive of the church but has concerns regarding the daycare and food closet. Mr. Bokan responded that the applicant wanted to move forward with both the daycare and the food closet, but would be willing to accept the permit without the food closet. Mr. Bokan was unsure on the applicant s plan if the daycare were not approved. Council Member Way stated that his concerns are similar to Council Member Aveni s concerns. Council Member Way stated that the area behind the building is not suitable for droppingoff and picking-up of children or food. Council Member Way suggested that Condition #10 be amended and apply to the food closet. Council Member Harrover thanked Mr. Bokan for following up on the issues raised by City Council during the September 20, 2010 public hearing. Council Member Harrover asked if the special use permit can be approved without the daycare and food closet included. Mr. Bokan stated that staff has prepared alternative conditions that do not include the daycare or the food closet if City Council is inclined to approve only the church. COUNCIL MEMBER AVENI MOVED that Resolution #R approving Special Use Permit # : The Life Church, 9213 Center Street, to consider a Special Use Permit application from The Life Church allowing a Place of Worship Pursuant to Section of the Code of Ordinances, City of Manassas, Virginia (2002) as Amended be approved with the exclusion of the daycare and the food closet and the amended conditions. Seconded by Council Member Harrover. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 16 of the Agenda: Consideration of Resolution #R Approving Special Use Permit # : S.W.I.F.T., 9613 and 9615 Center Point Lane and 9623 Center Street, to Consider a Special Use Permit Application from S.W.I.F.T. Allowing Combustible Liquid Storage with a Cumulative Total of up to 20,000 Gallons, Pursuant to Section of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended. Mr. Bokan stated that the public hearing on this special use permit was held on September 20, 2010 with no speakers in favor of or in opposition to the permit. A question was raised by a Council Member over the requirements for spill containment, specifically whether a secondary containment system or spill reservoir is needed. The Fire Marshal indicated that the National Fire Protection Association standards do not require a double walled tank to have a secondary containment system. The application will use double walled construction for the fuel storage tanks. Staff is recommending approval of Resolution #R

7 COUNCIL MEMBER WOLFE MOVED that Resolution #R approving Special Use Permit # : S.W.I.F.T., 9613 and 9615 Center Point Lane and 9623 Center Street, to consider a Special Use Permit application from S.W.I.F.T. allowing combustible liquid storage with a cumulative total of up to 20,000 Gallons, Pursuant to Section of the Code of Ordinances, City of Manassas, Virginia (2002) as Amended be approved. Seconded by Council Member Harrover. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 17 of the Agenda: Consideration of Resolution #R , Supporting Regulation of First Trimester Abortion Facilities and Providers by the Commonwealth of Virginia. Council Member Aveni reported that over the years, many constituents have expressed concern regarding the operation of the clinic that performs abortions in Manassas. Council Member Aveni stated that first trimester abortion clinics are not regulated in Virginia; the resolution before Council builds off the Attorney General s opinion of August 20, Council Member Randolph urged everyone to carefully read the resolution to fully understand City Council s action. Council Member Way stated that he is pleased to be able to support Resolution #R Council Member Way stated the resolution serves a useful purpose; the actions, to the extent they are needed, are in the hands of the State Board of Health and the Board of Medicine, which are technical and medical professionals, which is where such decisions should be taken. The state-wide development of this plan will prevent conflicting local regulations, which would be developed by groups with few resources and little experience. Council Member Way noted that Resolution #R is consistent with the Virginia and the United States Constitution. Council Member Harrover stated that Resolution #R places the issue where it belongs and he hopes the Governor refers the matter to the State Board of Health. Council Member Harrover thanked Council Member Aveni for his cooperation in drafting the resolution. Council Member Wolfe stated that the discussion is about abortion, but it s also about the political process. Council Member Wolfe stated that he firmly believes abortion is a terrible event and almost always represents failure of adults, normally a moral failure. Council Member Wolfe stated that he wishes and prays that there were no such procedures. The law regarding abortion is settled, but remains a topic that gives rise to the greatest and honestly held passions on both sides. Council Member Wolfe stated that with his limited understanding of the topic, he agrees with the Attorney General s Opinion that in this manner, in Virginia, this is a topic for action at the state level. Nothing in the Attorney General s Opinion speaks to local involvement; the City does not have the power to regulate abortion clinics. Being a state matter, determined by the Governor and the General Assembly, this is necessarily a political discussion and a political decision; and being a state political matter, Council Member Wolfe stated it was inappropriate for the City Council, as a body, representing the City of Manassas, to weigh in on that debate. It is altogether proper for individual Council Members and citizens to engage in the political debate, but the City, as an entity, should refrain from that debate. Council Member Wolfe stated that

8 while he agrees with the Attorney General s Opinion, he cannot support Resolution #R Council Member Bass stated that she supports Resolution #R as it supports the Attorney General s Opinion. The City Council is not regulating the procedures through the passage of this resolution. Mayor Parrish suggested that in the second to last paragraph, the words, and enforce, be added and the resolution read as follows: NOW, THEREFORE, BE IT RESOLVED, that the City of Manassas does hereby assert that it has a valid interest in protecting the health and safety of women and consequently requests the Governor of the Commonwealth of Virginia to direct the Virginia Board of Health and the Virginia Board of Medicine to publish and enforce appropriate regulations for performing first trimester abortions, to establish qualifications for abortion doctors, and to require the accurate reporting of abortion figures to health officials. COUNCIL MEMBER AVENI MOVED that Resolution #R , as amended, supporting regulation of first trimester abortion facilities and providers by the Commonwealth of Virginia be approved. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, and Way. NAYS: Council Member Wolfe. MOTION CARRIED. Items 18, 19, 20, and 21 were reserved for changes to the Agenda. Item 22 of the Agenda: Presentation by Mark Olsen, President of Historic Manassas Inc. (HMI) Board of Directors, on Events and Activities for Old Town Manassas and an Update on Activities Planned for the Sesquicentennial of the American Civil War. Mark Olsen, President of HMI Board of Directors, presented to City Council an update on the upcoming events and activities planned for Old Town Manassas and the activities planned for the Sesquicentennial of the American Civil War. Item 23 of the Agenda: Presentation of the FY 2010 Board of Zoning Appeals Annual Report by Robert W. Schilpp, Board Chairman. Robert W. Schilpp, Chairman of the Board of Zoning Appeals, presented to City Council the Board s Annual Report. Item 24 of the Agenda: Presentation of Manassas City Public School System Update by Dr. Gail Pope, Division Superintendent, Manassas City Public Schools. Dr. Pope provided an update to the City Council on the Manassas City Public School System. Dr. Pope shared statistical information regarding enrollment, graduation rates, test scores, and highlighted the outstanding accomplishments of the students and the teachers. Items 25 and 26 were reserved for changes to the Agenda. Item 27 of the Agenda: Citizens Time.

9 Ron Link, Commander of the VFW Francis Cannon Post, spoke to City Council about a proposed expansion of the VFW s building, which is located next to the Fire Station. Mr. Link asked if the City would consider initiating the rezoning of the property. Kelly McGinn, a resident of Prince William County, stated that she was impressed with City Council s willingness to sit for four hours on September 7, 2010 and listen to all the comments made by citizens regarding the opening of KK s Temptations. Ms. McGinn stated that she did not believe that there was a legal strategy in place when that meeting closed, however, and that has caused her great concern. Ms. McGinn offered to City Council her findings regarding the City s powers in this matter. Ms. McGinn stressed that obscenity is not protected speech under the Constitution and urged City Council to meet with the Commonwealth s Attorney, Paul Ebert, and ask him to prosecute those who are currently selling obscenity in Manassas. Ms. McGinn pointed out that the community has a right to protects itself from the negative secondary effects of sexually oriented businesses. Ms. McGinn stated that City Council can limit the hours of operation for sexually oriented businesses and can exert power through zoning regulations. Ms. McGinn asserted that there is a welcome mat outside of Manassas for sexually oriented businesses and more will come if Council does not act swiftly. Ms. McGinn reported that it is zoning laws that shut down most pornographers. In regard to licensing, Ms. McGinn stated that Council could require sexually oriented businesses to have additional lighting, to undergo background checks, and to eliminate back rooms. Ms. McGinn asked City Council to use their authority to protect the City s children and preserve the town to ensure it is a great place to raise a family. Dave Core, a resident of the City of Manassas, stated that the Council s earlier decision to approve a resolution supporting the regulation of abortion clinics and providers by the state means a lot to the community. Mr. Core stated that this is more than a health issue, it is a political issue, and there are people with very strong opinions on both sides. Mr. Core stated that he would like to hear reports on a regular basis by the Governor and the Health Department regarding their progress in regulating clinics. Mr. Core stated that City Council may have to be proactive to ensure the approved resolution is taken seriously and acted upon. Although it is a long process, Mr. Core encouraged the citizens to be in touch and be vocal and remain in contact with City Council regarding these issues. Mr. Core requested that statistics regarding the number of women who suffer from complications of an abortion be collected. Pam Kincheloe, a resident of the City of Manassas, stated that the Amethyst Women s Center has been providing valuable medical services to the community and surrounding areas for twenty-one years. Ms. Kincheloe stated that it has not, however, always been exposed to the scrutiny of the City Council. It was not until recent years that the issue of the clinic became a political football, generating sermons from people who want to end abortion access to women in Virginia. Ms. Kincheloe stated that she believes most of the City Council has the best interests of the City s citizens and the future in mind, but she is not convinced that this current single-minded ideological pursuit has the same goals for the City. Ms. Kincheloe asserted that certain members of Council

10 have strayed from their duties as elected officials and have focused solely on closing down the offices of a respected member of the medical community because they do not agree with the services provided there. Ms. Kincheloe stated that she expects City Council to pursue projects similar to the improvements on Battle Street, to focus on the schools, and to discuss issues like opening Lake Manassas and the City s water supply; this agenda against the clinic does not seek to improve the quality of life for the citizens of Manassas. Ms. Kincheloe stated that the purpose of the approved resolution is to create regulations that would make it impossible to provide a legal medical procedure, not to protect women s health. Abortion providers are already regulated by the Board of Medicine, the Board of Health, the Board of Health Professions, and other regulator agencies, just like other medical offices offering similar medical procedures, including oral surgery offices, urology offices, OB/GYN offices, dermatology offices, cosmetic surgery offices, and general surgery offices. Ms. Kincheloe stated that since 1973, abortion has been legal in the United States, and was legal in Virginia before that time. Right now, the effort to try and establish these regulations is simply another way to reduce women s access to a safe and legal procedure. Geraldine Ethington, a resident of the City of Manassas, reported that the curb and apron in front of her home was damaged by a snow plow five years ago. Ms. Ethington asked that the damage be repaired and something be done about the grass and weeds that are growing in the street and in the cracks on the sidewalk. Randall O Bannon, a resident of the City of Manassas, stated that the problem with the abortion clinics is a real one. In New Jersey in 2007, the press found blood under the operating tables, rusty IV poles, expired drugs, shoddy patient records, unlabeled drug-filled syringes, open packages, soiled table pads, nurses with expired licenses, and doctors that did not always scrub-up before procedures. An investigation in Alabama uncovered ultra-sound testing and chemical abortions being administered by non-physicians. Abortion clinics in South Carolina were found to have bloody sheets, bloody coats, and dirty bathrooms. Inspectors in Florida closed a clinic where they found dead cockroaches, cobwebs on the sprinkler system, non-functioning emergency equipment, and sinks without soap or hot-running water. Mr. O Bannon stated that regulations will ensure that there are not two victims when an abortion is performed and women s health and safety is given consideration. Frank Nuar, a resident of the City of Manassas, thanked Ms. McGinn for doing so much research in regard to sexually oriented businesses. Dr. Nuar suggested that perhaps the City Attorney did not have enough time to research the issue before giving counsel on the matter. Dr. Nuar stated that when he worked at Prince William Hospital, he saw quite a few women come in with complications after having an abortion and is happy to see Council support some form of regulation and enforcement. Finally, Dr. Nuar thanked whoever was responsible for building the sidewalk next to the cemetery. Cristina Davis, a resident of the City of Manassas, stated that she has been a resident of the City for nine years and her daughter currently attends Osbourn High School. Ms. Davis stated that every day when she picks her daughter

11 up from school, there are many teenagers walking through Old Town to either go home or shop at a store or restaurant. Ms. Davis is concerned that the students walking in Old Town will be exposed to KK s Temptations. The store does not fit with the family-friendly image of Manassas. Ms. Davis stated that the high school students are already talking about the porn store and those who are 18 years old will go in to the store and tell all those who are not 18 years old what they have seen, or purchase something. This store provides easy access to offensive materials and families in the City do not want to be exposed to this type of business. Michael McManus, a resident of the City of Manassas, commented on a letter to the Editor in the Washington Post regarding the death of Teresa Lewis. Ms. McManus asked City Council to support the adoption of a Human Life Amendment to the Constitution of the United States. Mr. McManus commended City Council for approving Resolution #R earlier in the evening. Cathy Carolla, a resident of Prince William County, stated that her family owns buildings and a business in the City of Manassas. Ms. Carolla stated that it would be a shame to see KK s Temptations ruin Old Town Manassas. Ms. Carolla stated that she is looking forward to the Fall Jubilee on October 2, 2010, but that if KK s Temptations were open, she would not be attending. If the shop is open during next year s event, Ms. Carolla stated she will stay away from Old Town. Ms. Carolla stated that she agrees with those prolife speakers before her and abortion may be legal, but she does not believe there is a safe one. Item 28 of the Agenda: Consideration of a Motion Authorizing a Closed Meeting on Subjects in Accordance with the Amended Freedom of Information Act. COUNCIL MEMBER RANDOLPH MOVED that the City Council convene in a closed meeting to consult with staff and legal counsel retained by the Public Body pertaining to actual litigation, styled Brookfield Saranac LLC v. City of Manassas, Prince William County Circuit Court Case CL 77794, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body and pertaining to municipal regulation of adult businesses and other special land uses requiring briefing of staff members and the provision of legal advice, as permitted by Virginia Code Paragraph (A)(7), Parts 1 and 2, for which the Virginia Freedom of Information Act permits discussion in a closed meeting. Seconded by Council Member Bass. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, and the Public Works and Utilities Director would be included in the closed meeting discussion regarding Brookfield Saranac LLC v. City of Manassas, Prince William County Circuit Court Case CL Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, and the Planning and Zoning Services Manager would be included in the closed meeting discussion regarding the municipal regulation of adult businesses and other special land uses. Council retired to the closed meeting at 8:31 p.m.

12 COUNCIL MEMBER AVENI MOVED to extend the City Council Meeting to 10:00 p.m. Seconded by Council Member Harrover. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. COUNCIL MEMBER RANDOLPH MOVED to extend the City Council Meeting to 11:00 p.m. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 29 of the Agenda: Consideration of a Motion Certifying That the Closed Meeting was Conducted in Conformity with Virginia Law. Council returned from the closed meeting at 10:41 p.m. COUNCIL MEMBER RANDOLPH MOVED that the City Council certify that, in the closed meeting just concluded, nothing was discussed except the matters specifically identified in the motion to convene in closed meeting and lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information Act cited in the motion. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Item 30 of the Agenda: Consideration of Resolution #R , Regulation of Sexually Oriented Businesses. COUNCIL MEMBER WAY MOVED that Resolution #R , Regulation of Sexually Oriented Businesses, be approved. Seconded by Council Member Wolfe. Roll call vote: AYES: Council Member Aveni, Bass, Harrover, Randolph, Way, and Wolfe. MOTION CARRIED. Motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 10:44 p.m. MAYOR CITY CLERK DATE APPROVED