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JUNE 26, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large JOHN A BAUM. Blacktoate~ Borough LINWOOD 0 BRANCH !!! V~rgmta Beach Borough ROBERT K DEAN, IMnce- Anne Borough W ~ HARRISON IR. Lynnhawn Borough HAROLD HEISCHOBER. At-Large BARBARA M HENLEY Pungo Borough LOUIS R ]ONES. Bay, de Borough NANCY K PARKER. At-Large LOUISA M STRAYHORN Keml~s~nlle Borough ]AMES K SPORE, C~ty Manage* LESL/E L L/LLEY, Ctty Attorney RUTH HODGES SMITH, CMC / AAE City 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456-9005 ~804[ 427 4303 SPECIAL FORMAL SESSION COUNCIL CHAMBER June 26, 1995 10:00 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 26, 1995 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL re Lake Gaston on Monday, June 26, 1995, at 10:00 A.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Louisa M. Strayhorn and William D. Sessorns, Jr. Council Members Absent: None -2- Item II. ITEM # 39374 The Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the C~ty Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the C~ty, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, C~ty Hall Building, on Monday, June 26, 1995, at 10:00 A M. re Lake Gaston Settlement and related issues Sincerely, s/Meyera E. Oberndorf Mayor" June 26, 1995 City of Virginia Beach MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 FAX (804) 426-5669 June 25, 1995 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authortty vested in me as Mayor of the Ctty, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Monday, June 26, 1995, at 10 O0 A.M. re Lake Gaston Settlement and related issues. MEO/bh Virginia Beach City Councd Received Nottce Councilman John A. Baum /~/_~ Councilman Linwood O. Branch, III . Councilman Robert K. Dean ~ Councilman William W. Harrison, Councilman Harold Heischober Councilwoman Barbara M Henley ~.~_ Councilman Louis R. Jones ~ Councilwoman Nancy I~ Parker ~ Vice Mayor William D Sessoms ~ Councilwoman Louisa M. Strayhorn Sincerely, Meyera E. Oberndorf Mayor -3- Item IH. RECESS INTO EXECUTIVE SESSION ITEM # 39375 Mayor Meyera £. Oberndorf entertained a motion to permit City Counctl to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: LEGAL MATTERS: Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertab~btg to actual or probable httgation, or other spectfic legal matters' requestmg the proviston of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Settlement Agreement Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (10:04 A.M.). Voting. 10-0 Council Members Votmg Aye' John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, Wilham W.. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent' Louts R. Jones June 26, 1995 -4- ITEM # 39376 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Budding, on Monday, June 26, 1995, at 11.$7 A.M Council Members Present John A. Baum, Linwood 0 Branch, III, Robert K. Dean, Wilham W. Harrison, Jr., Harold Heischober, Barbara M. tlenley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy tC Parker, l~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent None June 26, 1995 -5- ITEM # 39377 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 Virgtnia law were discussed in Executive Session to which this certtficatton resolution applies; AND, Only such public business matters as were identtfied in the motion convening the Executive Session were heard, &scussed or considered by Virgima Beach Ctty Council. Voting 11-0 Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay. None Council Members Absent' None June 26, 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 # 39375 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 wcrc identified in thc motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~~Hodg'es Smith, City Clerk June 26, 1995 -6- Item VII. ADJOURNMENT ITEM # 39378 Mayor Oberndorf DECLARED the City Council SPECIAL SESSION ADJOURNED at 11:38 A.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Virginia Beach Virginia June 26, 1995