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MARCH 18, 2003 WKSHP MINUTESMINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrgima 18March 2003 Mayor Meyera E Oberndorf called to order lhe SPECIAL FORMAL SESSION for the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room Cto' Hall Budding on Tue~da)~ March 18 2003 at6 40 PM Councd Members Present Harry E Dtezel Margaret L Eure Reba S McClanan Rtchard 4 Maddox Mayor Meyera E Oberndorf dim Reeve Peter W Schmtdt Pon A l/tllanuevaandRoaematTIYdson Council Members Absent Vice Mayor Louts R Jones dames L Wood [Lift Cttv Councd Workshop .5 50 P M Bmmess CommttmentJ [Left Ctty (. ouncd 14/orkxhop at 6 25 P M Speech at Ctwc League] -2 MAYOR'S CALL TO SPECIAL SESSION ITEM # 50918 The Mayor read the CALL TO SPECIAL FORMAL AND CLOSED SESSION HONORABLE MEMBERS OF CITY COUNCIL In actordance wtth the Ctty Charter Sectton 3 06 the Vtrgmta Beach Cto, Code and by the authorlt3 vested In me as Ma)or of the Cttv of Vlrgtnta Beach I here& call a SPECIAL POIOIAL and CLOSED SESSION' of the VIRGINIA BEACH CITY COUNCIL at 5 O0 PM on Tuesday ~¥Iarch l& 2003 tn the Cttr Counctl Conference Room Crt) Hall Butldtt,g 2401 Courthouse Drne (lmmedtatel* after the tegularlv schedaled Work6hop at 2 O0 P The purpose of the CLOSED SESSION ts to constde~ a legal malter te an appltcatton of the Water Control Board Trt Cm Properties LLC Stncerel~ s,'~le~'e~a E Oberndorf Mayor March 18 2003 -3- ITEM # 50919 Mayor Meyera E Oberndol f called to order the INFORM,II. SESSION of the VIRGINI,4 BEACH CITY COUNCI~L tit the CIG' Councd Confetenc~. Room Ctt)' Hall Buddtng on Tuesday 4darch 18 2003 at 6 42 PM Council Members Present Harry E D~ezel Margaret L Eure Reba S ~tClanan Rtchatd A Maddox ¥1ayor Mevera E Oberndorf dtm Reeve Peter W Schmtdt Ron A VdlanuevaandRosemarv }~tlson Councd Members Absent Vtce Maj.,or Louts R Jones and James L I~'ood March 18 2003 4 ITEM # 50920 Mayor Oberndorf entertained a motion to pertntt C~o; Council to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A) Code of Virginia as amended for the follo}*mg purpose 1 EGAL MATTERS Consultation with legal counsel or briefings bv staff members consultants or attorneys pertaining to actual or probable litigation or other spect~c legal matters t eques ting the provtston of legal advice b) counsel pursuant to Section 2 1 344(A)(7) To Wit Water Control Boatd Apphcation - Trt Ctt~' Properties LLC Upon motion by Councilman Vdlanueva seconded by' Councilman Srhmtdt City Count il voted to proceed into CLOSED SESSION Voting Councd Members Voting Aye Hart'), E Dtezel Margaret L Eure Reba S McClanan Rtchard A Maddor ~[ayor Meyera E Oberndorf Jim Reeve Peter W Schmtdt Ron A ¢'dlanueva and Rosemary Wdson Councd Members Voting Nay None Council Members Absent Vice Ma)'or Louis R clones and James L Wood (6 42PM - 7 IOPM) March 18 2003 -5- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 18, 200? 712PM Mayor Meyera E Oberndorf called to order the FORM 4L SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Council Conference Room City Hall Budding on Tuesdai March 18 2003 at 7 12 PM Councd Members Present Harry E Dtezel Margaret £ Eure Reba S ~lcClanan Rtchard A Maddox tffayor Meyera E Oberndorf dtm Reeve Peter W Schnndt Ron A Vdlanueva and Rosemary Wdson C'ouncd Members Absent Vice Mayor Louis R Jones and James L Wood btarch 18 2003 Item II-B CERTIFICATION OF CLOSED SESSION ITEM # 50921 Upon motion by Counctl Lady Eure seconded bv Councihnan Reeve CiO Counctl CER TIFIED THE CLOSED SESSION TO BE 1¥ ACCORDANCE IVITH THE MOTION TO RECESS Only pubhc business matters lawfully exentpted from Open ~4eelmg requirement~ by Virginia law were discussed tn Closed Sesgton to **hlch this certification resolution apphes AND Only such pubhc business matters as were identified in the motion convening the Closed Sesston were heard &scussed or constdered b) Virginia Beach City Council Voting 9-0 Council ]ffembers Voting Aye Harry £ Diezel Margaret L Eure Reba S McClanan Richard A Maddox Mayor ~eyera E Oberndorf Jim Reme Peter Pl; Schmidt Ron A VtHanueva andRo6emarv Councd Members Voting Nay None Council ~lembers Absent Vice Mayor Louts R Jones and Jame~ L Wood March 18 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The V~rgtma Beach C~ty Councd convened into CLOSED SESSION pursuant to the affinnaUve vote recorded m ITEM # 50920, page 4, and m accordance w~th the provisions of The Vlrgmm Freedom of Information Act, and, W}I~,REAS Section 2 2 3 71114) of the Code ofV~rg~ma reqmres a certification by the governing body that such Closed Session was conducted m contorm~W wah V~rg~nla law NOW, THEREFORE. BE IT RESOLVED That the V~rg~nla Beach C~ty Council hereby certifies that, to the best of each member's knowledge, (a) only pubbc bus~ness matters lawfully exempted from Open Meet~ngreqmrements by V~rgtma law were discussed m Closed Sessmn to which th~s certification resolunon apphes, and, (b) only such pubhc business matters as were ~dent~fied m the motion convemng this Closed Session were heard d~scussed or considered bv V~rgm~a Beach C~ty Council ~q~uth Hodge~'Smlth MMC C~ty Clerk March 18 2003 -7- Item I11 ADJOUILNMENT ITE~I # 50922 Mayor bleyera E Oberndorf DECLARED the Cttv Councd ¢Ieetlng ADJOURNED at 7 15 P .11 Beverly 0 Hooks C~lC Chtef Deput3 Cttv Clerk Clerk Meyera E Oberndorf Mmot CttF of Vtrgmta B{ ach Vtrgmta Marrh I8 200~