NOVEMBER 29, 2005 MINUTES SFS
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
29 November 2005
Mayor Oberndorf called to order the SPECIAL FORMAL SESSION of the Virginia Beach City Council
from which to recess into CLOSED SESSION for the purpose of discussing legal aspects related to the
BRAC impressed restrictions on Tuesday, November 29, 2005, at 4:00 P.M. in the City Council Conference
Room, City Hall Building.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt and James L. Wood
Council Members Absent:
Ron A. Villanueva
[Entered: 4:10 PM.]
Rosemary Wilson
[Entered: 4: 12 P.M.]
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MAYOR'S CALL TO SPECIAL SESSION:
ITEM # 54658
The Mayor read the CALL TO SPECIAL FORMAL SESSION:
"The Honorable Members of City Council:
In accordance with the Virginia Beach City Code Section 2-21,
and by the authority vested in me as Mayor of the City of Virginia Beach,
I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCILfrom which to recess into CLOSED SESSION
for the purpose of discussing legal aspects related to the BRAC
restrictions.
The SPECIAL FORMAL SESSION shall be held on Tuesday,
November 29, 2005, at 4:00 P.M., in the City Council Conference Room,
City Hall.
Sincerely,
Meyera E. Oberndorf
Mayor"
29 November 2005
Citye>f Virgi:rl..ia. Bea.ch
MEYERA E. OBERNDORF
MAYOR
November 23,2005
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 427-4581
FAX (757) 426-5699
MOBERNDO@VBGOV.COM
THE HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me
as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL from which to recess into CLOSED SESSION for the purpose of
discussing legal aspects related to the BRAC restrictions.
The SPECIAL FORMAL SESSION shall be held on Tuesday, November 29, 2005, at 4:00 P.M.,
in the City Council Conference Room, City Hall.
Sincerely,
~
Meyera E. Oberndorf
Mayor
cc: Mayor and Members of City Council
James K. Spore, City Manager
Leslie L. Lilley, City Attorney
Ruth Hodges Smith, MMC, City Clerk
Charles W Meyer, Chief Operating Officer
Susan Walston, Chief of Staff
Marcy Sims - Interim Chief Information Officer
Jack Whitney - Interim Chief Financial Officer
Diane Roche, Assistant to the City Manager
for Communications and Media Relations
MEYERA E. OBERNDORF
MAYOR
City <Jf Virgir1ia. Bea.ch
November 23,2005
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 427-4581
FAX (757) 426-5699
MOBERNDO@VBGOV.COM
THE HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me
as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL from which to recess into CLOSED SESSION for the purpose of
discussing legal aspects related to the BRAC restrictions,
The SPECIAL FORMAL SESSION shall be held on Tuesday, November 29, 2005, at 4:00 P.M.,
in the City Council Conference Room, City Hall.
Virginia Beach Citv Council
Councilman Harry E. Diezel
Councilman Robert M. Dyer
Vice Mayor Louis R, Jones
Councilwoman Reba S. McClanan
Councilman Richard A, Maddox
Councilman Jim Reeve
Councilman Peter W. Schmidt
Councilman Ron A. Villanueva
Councilwoman Rosemary Wilson
Councilman James L. Wood
Sincerely,
~
Meyera E. Oberndorf
Mayor
AA/
-9-
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ITEM # 54659
Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose:
LEGAL MATTERS: 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 Section 2,2-3711 (A)(7).
BRAC Compliance Plan
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION (4:00 P.M.)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A, Villanueva
[Entered: 4: 1 0 PM.]
Rosemary Wilson
[Entered: 4: 12 P.Ml
(Closed Session: 4:00 - 6:24 P.M.)
29 November 2005
- 4-
ITEM # 54660
Mayor Meyera E. Oberndorf RECONVENED the SPECIAL FORMAL SESSION of the Virginia Beach
City Council On Tuesday, November 29,2005, at 6:25 P.M. in the City Council Conference Room, City
Hall Building.
Council Members Present:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
None
29 November 2005
- 5 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 54661
Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
29 November 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54659, page 3, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed 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 Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~.
Ruth Hodges Smith, MMC
City Clerk
~
November 29, 2005
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ADJOURNMENT
ITEM # 54662
Vice Mayor Louis R. Jones DECLARED the Special Formal City Council Session ADJOURNED at
6:27 P.M.
~;;;;f:~!:~4
Chief Deputy City Clerk
~;es
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
29 November 2005