DECEMBER 21, 1993 MINUTES SPEC
Cit:v- ~f' ~irgi~ia
I3each
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS JR At Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH III VirgInia Beach Borough
JAMES W BRAZIER, JR, Lynnhaven &rough
ROBERT W CLYBURN, Kempsmlle &rough
ROBERT K DEAN, Pnncess Anne Borough
LOUIS R JONES, BaYSlde Borough
PAUL J LANTEIGNE, Pungo &rough
JOHN D MOSS At Large
NANC) K PARKER, At Large
JA\1ES K SPORE CIty Manager
LE~LIE L LIUEY, CIty Attorney
RUTH HODGES SMITH, CMC ¡ AAE, CIty Clerk
CITY COUNCIL AGENDA
281 un H4LL BU/LDINL
.\,1lJ.'VIUP4L CE.\iTER
VIRC'¡J\i/4BEAC H VIRLINI4234'i6 900';
¡X(}41 42ì 4303
SPECIAL SESSION
DECEMBER 21, 1993
I.
FORMAL SESSION
- Council Chamber -
1:00PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
READING OF MA VOR'S CALL TO SPECIAL SESSION
c.
ROLL CALL OF CITY COUNCIL
D.
RECESS TO EXECUTIVE SESSION
E.
CERTIFICATION OF EXECUTIVE SESSION
F.
ADJOURNMENT
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 21, 1993
The SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor
Meyera E. Oberndorf in the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at
1 :00 P.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Willzam D
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
[ENTERED' EXECUTIVE SESSION AT 1'30 PM]
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ITEM # 37532
The Mayor read the CALL TO SPECIAL 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 SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Buildmg, on Tuesday,
December 21, 1993, at 1'00 P.M for the following purpose
Discuss legal issues in Executive Session involving Lake
Gaston.
Sincerely,
s/Meyera E. Oberndorf"
Mayor
December 21, 1993
Cit:y- at Virgi:r1ia Beach.
MEYERA E OBERNDORF
MAYOR
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456-9000
(804) 427-4581
December 20, 1993
HONORABLE MEMBERS OF CI1Y 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 Cay, I hereby call a SPECIAL
SESSION of the VIRGINIA BEACH CITY COUNCIL ill the Council Chamber, City
Hall Building, on Tuesday, December 21, 1993, at 1:00 P.M. for the following purpose.
Discuss legal issues In Executive Session involving lAke
G/ß'ton.
Sincerely,
Meyera E. Oberndorf
Mayor
MEO/bh
cc:
James K Spore, City Manager
Leslze L. Lilley, City Attorney
Ruth ¡lodges Smith, CMC/AAE, City Clerk
Pam Lingle, Director of Public Information
-3-
~
ITEM # 37533
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
(closed) SESSION, pursuant to Section 21-344, Code of VIrgin la, as amended, for the folloWIng
purpose:
. Consultation with legal counselor
briefings by staff members, consultants, or attorneys pertaining to actual
or probable litigation, or other specific legal matters requiring the
provision of legal advice by counsel pursuant to Sectzon 2.1-344(A)(7)
To- WIt: Lake Gaston Briefing
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazler, Jr Robert W
Clyburn, Robert K Dean, Paul J Lantezgne, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker and VIce Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones,
December 21, 1993
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Ih:m...l=.I2J..
ITEM # 37534
Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 2:38 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W Brazzer, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne. John D Moss, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
Robert W. Clyburn
VIce Mayor WIlliam D Sessoms, Jr
[LEFT AT 2 30 PM FOR
BANK MEETING 1
December 21, 1993
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CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37535
Upon motion by Councilman Baum, seconded by Councilman Moss, 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 m Executzve Session to
which this certification resolutiOn applzes,
AND,
Only such public business matters as were identified in the motion
convening the Executzve 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, James W Brazzer, Jr, Robert K
Dean, Louis R. Jones, Paul J. Lantezgne. John D. Moss, Mayor Meyera
E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent
Robert W. Clyburn and VIce Mayor William D Sessoms, Jr
December 21, 1993
ittønlutinu
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 # 37533, 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.
~¿~~
Ruth Hodges SmIth, CMC/ AAE
City Clerk
December 21, 1993
/.lnn....I.=E.
ADJOURNMENT
- 6 -
ITEM # 37536
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 2:40 P.M
c¿J~-_t2 .72~- -- ---
Beverly V. Hooks, CMC
Chief Deputy City Clerk
~~~'-_~_n_-
Ruth Hodges Smith, CMC/ME
City Clerk
City of VIrginia Beach
VIrginia
------------------------
Meyera E Oberndorf
Mayor
December 21, 1993
MUniCIpal Center
VIrgInIa Beach
VIrgInIa 23456-9080
(804) 427-4111
FAX (804) 426-5665
Pamela M lingle
011 ecfor
NEWS RELEASE
CIty of VIrgInIa Beach
Office of PublIc Information
FOR IMMEDIATE RELEASE
December 21, 1993
MEDIA CONTACT:
Clarence Warnstaff
(804) 427-4346
VIRGINIA BEACH CITY COUNCIL
CONSIDERS LAKE GASTON OPTIONS
The Virginia Beach City Council met today in Executive Session to discuss
the City's legal options in connection with the Lake Gaston Water Supply Project.
City staff and outside legal counsel have been discussing options and
alternatives since December 16 when the City was notified the Department of
Justice had withdrawn its earlier opinions that the Coastal Zone Management Act
(CZMA) did not provide for interstate review of the Project.
The briefing concerning possible strategies and a recommended course of
action was provided by Jack F. Kay, Jr. of Mays & Valentine, the City's outside
legal counsel for the Lake Gaston Project.
In releasing information concerning the briefing Mayor Meyera E.
Oberndorf stated, "Securing water for Southeastern Virginia is the highest priority
of this City Council. We have been working night and day since the recent
CZMA ruling to consider every alternative available to us. It is vitally important
to keep our residents and those of southside Virginia informed about how we are
going to proceed with development of this project. However, any release of
information, at this time, regarding our course of action could jeopardize our
option availability. As soon as it is feasible, we will fully inform the public of
the direction we are pursuing."
###
g:ssgast1.rel
City- e>f Virgi:r1ia Beach
MEYERA E OBERNDORF
MAYOR
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-4581
December 20, 1993
HONORABLE MEMBERS OF CIIY COUNCIL
In accordance with the City Charter, Section 306, the City Code, Section 2-21,
and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL
SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City
Hall Building, on Tuesday, December 21, 1993, at 1:00 PM for the following purpose
Discuss legal issues in Executive SessIOn involving Lake
Gaston.
Sincerely,
Meyera E. Oberndorf
Mayor
MEO/bh
cc:
James K Spore, City Manager
Leslie L. Lilley, City Attorney
Ruth Hodges Smith, CMC/AAE, City Clerk
Pam Lingle, Director of Public Information
T---
City- e>f Virgir1ia Beach
MEYERA E OBERNDORF
MAYOR
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-4581
December 20, 1993
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
SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, CIty
Hall Building, on Tuesday, December 21, 1993, at 1.00 PM. for the folloWIng purpose'
Discuss legal issues in Executive Session involving Lake
Gaston.
Sincerely,
Meyera E Oberndorf
Mayor
Yirginia Beach City Council Received Notice
Councilman John A. Baum JA- /?:J
Councilman Linwood O. Branch, III ~
Councilman James W. Brazier, Jr.
Councilman Robert W. Clyburn
Councilman Robert K Dean . ~ / ~
Councilman Louis R. Jones ~
Councilman Paul J. Lanteigne ,é};;)
Councilman John D. Moss . E
Councilwoman Nancy K Parker 7W
Vice Mayor WIlliam D. Sessoms
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MEYERA E OBERNDORF
MAYOR
Cit:,y of Virr V ~ Beach
r '{/ MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456-9000
(804) 427-4581
December 20, 1993
~
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the City Charter, Sectzon 306, the City Code, Sectzon 2-21,
and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL
SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City
Hall Building, on Tuesday, December 21, 1993, at 1:00 P.M. for the following purpose:
Discuss legal issues in Executive Session involving Lake
Gaston.
Sincerely,
Meyera E. Oberndorf
Mayor
Yirginia 8each City Council
Received Notice
Councilman John A. Baum
Councilman Linwood O. Branch, III
Councilman James W. Brazier, Jr.
Councilman Robert W. Clyburn
Councilman Robert K Dean
Councilman Louis R Jones
Councilman Paul J. Lanteigne
Councilman John D. Moss
Councilwoman Nancy K Parker
VIce Mayor WIlliam D. Sessoms
~.
(6;)
<iP('2J1
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~~
--- --
Cit:y ~f Virgi:r1ia Beach
MEYERA E OBERNDORF
MAYOR
HONORABLE MEMBERS OF CI1Y COUNCIL
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-4581
December 20, 1993
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
SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chamber, City
Hall Building, on Tuesday, December 21, 1993, at 1:00 P.M for the following purpose:
Discuss legal issues in Executive Session involving Lake
Gaston.
Vzrginia Beach City Council
Received Notice
Councilman John A. Baum
Councilman Linwood O. Branch, III
Councilman James W. Brazier, Jr.
Councilman Robert W. Clyburn
Councilman Robert K Dean
Councilman Louis R. Jones
Councilman Paul J. Lanteigne
Councilman John D. Moss
Councilwoman Nancy K Parker
VIce Mayor WIlliam D. Sessoms
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Sincerely,
Meyera E Oberndorf
Mayor
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