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JUNE 30, 1995 MINUTESCity of Virginia [3each MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 FAX (804) 426-5669 June 30, 1995 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Czty Charter, Section 3.06, the Czty Code, Section 2-21, and by the authority vested bt me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Building, on Friday, June 30, 1995, at 4 O0 P.M. re Lake Gaston Settlement and related issues MEO/bh Virginia Beach Ci~_ Council Received Notzce Councilman John A. Baum Councilman L#,wood O. Branch, III Councilman Robert K. Dean Councilman William W. Harrison, Jr. Counczlman Harold Heischober Councilwoman Barbara M. tlenley Councilman Louis' R Jones Counczlwoman Nancy IC Parker Vice Mayor William D Sessoms Councilwoman Louisa M. Strayhorn Slncercly~ Mayor City of Virginia [3each MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 FAX (804) 426-5669 SPECIAL FORMAL SESSION COUNCIL CHAMBER June 30, 1995 4:00 P.M I. CALL TO ORDER - Mayor Meyera E. Oberndorf II. READING OF MAYOR'S CALL TO SPECIAL SESSION III. ELECTRONIC ROLL CALL OF CITY COUNCIL IV. RECESS TO EXECUTIVE SESSION V. CERTIFICATION OF EXECUTIVE SESSION VI. LAKE GASTON SETTLEMENT AND RELATED ISSUES VII. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 30, 1995 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL re Lake Gaston on Friday, June 30, 1995, at 4:00 P.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. William W. Harrison, Jr. Barbara M. Henley Louisa M. Strayhorn [ENTERED: EXECUTIVE SESSION: 4.10 P.M.] [FAMILY VA CA TION] [ENTERED EXECUTIVE SESSION: 4:40 P.M.] [0 UT 0 F THE S TA rE / CONFERENCE IN LAS VEGAS] -2- Item II. ITEM # 39458 The Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Friday, June 30, 1995, at 4:00 P.M. re Lake Gaston Settlement and related issues. Sincerely, s/Meyera E. Oberndorf Mayor" June 30, 1995 -3- Item Il(. RECESS INTO EXECUTIVE SESSION ITEM # 39459 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose' LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Settlement Agreement Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION (4:10 P.M.). Voting: 7-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Robert I~ Dean, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy ~ Parker Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr., Barbara M. Henley, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn June 30, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39459 Page No. 3 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each mcmberts knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session wcrc heard, discussed or considered by Virginia Beach City Council. City Clerk June 30, 1995 -4- ITEM# 39460 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Friday, June $0, 1995, at 5:50 P M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. and Louisa M. Strayhorn June 30, 1995 -5- ITEM # 39461 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I(L Dean, Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members l/~oting Nay: None Council Members Absent: William W.. Harrison, Jr. and Louisa M. Strayhorn June 30, 1995 -6- Item VII. ADJOURNMENT ITEM # 39462 Mayor Oberndorf DECLARED the City Council SPECIAL SESSION ADJOURNED at 5:55 P.M. Beve~f~-O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 30, 1995 City of Virginia t3each MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 FAX (804) 426-5669 SPECIAL FORMAL SESSION COUNCIL CHAMBER June 30, 1995 9:00 A.M I. CALL TO ORDER - Mayor Meyera E. Oberndorf II. READING OF MAYOR'S CALL TO SPECIAL SESSION III. ELECTRONIC ROLL CALL OF CITY COUNCIL IV. RECESS TO EXECUTIVE SESSION V. CERTIFICATION OF EXECUTIVE SESSION VI. LAKE GASTON SETTLEMENT AND RELATED ISSUES VII. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 30, 1995 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL re Lake Gaston on Friday, June 30, 1995, at 9:00 A.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, Barbara M. Henley, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker and William D. Sessorns, Jr. Council Members Absent: William W. Harrison, Jr. Louisa M. Strayhorn [FAMILY VA CATION] [OUT OF THE STATE/ CONFERENCE IN LAS VEGASI -2- Item II. ITEM # 39453 The Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Friday, June 30, 1995, at 9:00 A.M. re Lake Gaston Settlement and related issues. Sincerely, s/Meyera E. Oberndorf Mayor" June 30, 1995 City of Virgini Beach MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 FAX (804) 426-5669 June 30, 1995 HONORABLE MEMBERS OF CITY COUNCIL In accordance wtth the City Charter, Section 3.06, the Cay Code, Section 2-21, and by the authority vested m me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Frtday, June 30, 1995, at 9.00 A.M. re Lake Gaston Settlement and related issues. MEO/bh Virginia Beach City Council Received Notice Councdman John A. Baum Councilman Linwood O. Branch, III Councilman Robert I~ Dean Councdman William W. Harrison, Jr. ~__~ Councdman Harold Heischober Councilwoman Barbara M. Henley Counctlman Lout's R. Jones Councilwoman Nancy K. Parker Vice Mayor William D Sessoms Counctlwoman Louisa M. Strayhorn Sincerely, Meyera E Oberndorf Mayor -3- Item liE. RECESS INTO EXECUTIVE SESSION ITEM # 39454 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Settlement Agreement Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION (9:05 A.M.). Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. and Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Louisa M. Strayhorn June 30, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39454 Page No. 3 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. CMC/AAE City Clerk June 30, 1995 -4- ITEM # 39455 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Friday, June 30, 1995, at 11:20 A.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members ,4bsent: William W. Harrison, Jr. and Louisa M. Strayhorn June 30, 1995 -5- ITEM # 39456 Upon motion by Councilman Baum, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified tn the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert lC Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy lC Parker Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr., Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn June 30, 1995 -6- Item VII. ADJOURNMENT ITEM # 39457 Mayor Oberndorf DECLARED the City Council SPECIAL SESSION ADJOURNED at 11:28 A.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera £. Oberndorf Mayor City of Virginia Beach Virginia June 30, 1995