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FEBRUARY 21, 2006 MINUTES CITY OF VIRGINIA BEACH DCOMMUNITY FOR A LIFETIME" ITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. (BOB) DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMC, City Clerk CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 EMAIL:Ctycncl@vbgov.com CITY COUNCIL AGENDA 21 Februar 2006 I. SPECIAL FORMAL SESSION City Council Conference Room 2:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf 1. READING OF THE MAYOR'S CALL FOR FORMAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION (re publicly held property and legal matters) D. CERTIFY CLOSED SESSION WORKSHOP I. CITY COUNCIL BRIEFING City Council Conference Room 4:00 P.M. A. HAMPTON ROADS ECONOMIC ALLIANCE J ones Hooks, President II. CITY MANAGER'S BRIEFING A. THEATRE MANAGEMENT CONTRACT Patricia Phillips, Director - Finance Department - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 21 February 2006 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION in the Council Conference Room, City Hall, on Tuesday, February 21,2006, at 2:30 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M. Dyer [Entered: 3:08 P.M.- taking wife to Hospital] Richard A. Maddox February 21,2006 - 2 - MAYOR'S CALL TO SPECIAL SESSION: ITEM # 54933 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 COUNCIL from which to recess into CLOSED SESSION for the following purposes: PUBLICLY-HELD PROPERTY - TPC LEGAL MATTERS - BRAC The SPECIAL FORMAL AND CLOSED SESSION shall be held on Tuesday, February 21, 2006, at 2:30 P.M., in the City Council Conference Room, City Hall. The regularly scheduled Workshop will convene at 4:00 P.M. Sincerely, Meyera E. Oberndorf Mayor " February 21,2006 City e>f Virgi~ia Beach MEYERA E. OBERNDORF MAYOR February 17, 2006 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5699 MOBERNDO@VBGOVCOM 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 following purposes: PUBLICLY-HELD PROPERTY - TPC LEGAL MATTERS - BRAC The SPECIAL FORMAL AND CLOSED SESSION shall be held on Tuesday, February 21, 2006, at 2:30 P.M., in the City Council Conference Room, City Hall. The regularly scheduled Workshop will convene at 4:00 P.M. 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 - 3 - ITEM # 54934 Mayor Meyer E. 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Princess Anne District - TPC 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 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (2:40 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, 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: Robert M. Dyer [Entered: 3:08 P.M.] Richard A. Maddox (Closed Session: 2:40 P.M. - 3:50 P.M.) February 21,2006 - 4 - Item V-D. CERTIFICATION OF CLOSED SESSION ITEM # 54935 Upon motion by Councilman Wood, seconded by Vice Mayor Jones, 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: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, 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: Richard A. Maddox February 21,2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the afIirmative vote recorded in ITEM #54934, 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. ~~- City Clerk February 21, 2006 - 5 - Item V.E. ADJOURNMENT ITEM # 54936 Mayor Meyera E. Oberndorf DECLARED the SPECIAL SESSION ADJOURNED at 3:52 P.M. CJ]~___t2~:t~~c:L-'.=.L Beverly 0. Hooks, CMC Chief Deputy City Clerk ~_M~~~ ~~odges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The City Council CONVENED into the regularly scheduled WORKSHOP, which adjourned at 5:45 P.M. February 21,2006