FEBRUARY 17, 2009
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR IFILL/AM D. SESSQ.'.tS, JR.. At-Large
1'10: MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DA VIS Rose Hall - District 3
JI'lLL/AM R. DeSTEPH, At-Large
HARRY E. DlEZEL. Kempsville - District]
ROBERT M. DYER" Cel/ten.iIle - District J
BARBARA M. HESLEY, Pril/cess AI/lie - District 7
JOHN E. UHRIN, Beach - District 6
RON A. VILUN[,'EVA, At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD, LYlIl/havell -District 5
CITY COUNCIL
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-80()5
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: C~vcncl@vbgov.com
SPECIAL FORMAL SESSION
CITY MANAGER - JAMES K. SPORE
ACTING CITY ATTORNEY - WILL/AM "BILL" MACAL/
CITY ASSESSOR - JERALD BANAGAN
ClTYAUDlTOR - LYNDON S. REMIAS
('fTY CLERK - ReTH HODGES SMITH, MMC
17 FEBRUARY 2009
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SPECIAL FORMAL SESSION
- City Council Conference Room -
1 :45 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
1. READING OF THE MAYOR'S CALL FOR FORMAL SESSION
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION (re Personnel and Legal matters)
D. CERTIFY CLOSED SESSION
II. ADJOURNMENT
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 17, 2009
Mayor William D. Sessoms, Jr. called to order the SPECIAL FORMAL SESSION for the VIRGINIA BEACH
CITY COUNCIL in the City Council Conference Room 234, City Hall, on Tuesday, February 17,2009, at 1:45
P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., Rosemary Wilson and James L. Wood
Council Members Absent:
John E. Uhrin
[Entered: 1:55 P.M.)
Ron A. Villanueva
[Entered: 2:00 P.M.)
February 17, 2009
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MAYOR'S CALL TO SPECIAL SESSION:
ITEM # 58528
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:
PERSONNEL MATTERS
LEGAL MATTERS
The SPECIAL FORMAL AND CLOSED SESSION shall be held on
Tuesday, February 17, 2009, 1:45 P.M. in the City Council Conference
Room 234, City Hall,
Sincerely,
s/
William D. Sessoms, Jr.
Mayor"
February 17, 2009
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City of' Virgi:r1ia. Bea.ch
WilLIAM D. SESSOMS. JR.
MAYOR
February 13, 2009
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms@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
BEA CH CITY COUNCIL from which to recess into CLOSED SESSION for the following purposes:
PERSONNEL MATTERS
LEGAL MATTERS
The SPECIAL FORMAL AND CLOSED SESSION shall be held on Tuesday, February 17, 2009,
1:45 P.M. in the City Council Conference Room 234, City Hall.
, A'J'
Virf[inia Beach Gitv CounCJi
Glenn R. Davis
William R. "Bill DeSteph
Harry E Diezel
Robert M Dyer
Barbara M Henley
Vice Mayor Louis R. Jones
John E Uhrin
Ron A. Villanueva
Rosemary Wilson
James L. Wood
,
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Item V-C.]
ITEM # 58529
Mavor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or resignation of specific public
officers, appointees or employees pursuant to Section 2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
City Attorney - Candidate Interviews
LEGAL MATTERS: Consultation with legal counsel and briefings by staff
members, consultants, pertaining to actual or probable litigation, where such
consultation or briefing in an open meeting would adversely affect the
negotiating or litigating posture of the public body, or consultation with legal
counsel employed or retained by a public body regarding specific legal
matters requiring the provision of legal advice by such counsel pursuant to
Section 2.2-3711 (A) (7).
Buddhist Education Center of America, Inc. v. City of Virginia Beach
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 1:50 PM.
February 17, 2009
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Item V-C.] ITEM # 58529 (Continued)
Voting: 9-0
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and Ron A. Villanueva
(City Attorney Interviews: 1:50 P.M. - 4: 52 P.M.)
(Legal Matters: 4:52 P.M - 5:30 P.M.)
February 17, 2009
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Item V-E.
CERTIFICATION
ITEM # 58530
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS at 5:30 P.M.
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.
VOling: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay
None
Council Members Absent:
None
February 17, 2009
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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 #58529, Page 3, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 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 RESOL VED: 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.
th Hodges Fraser, MMC
City Clerk
February 17, 2009
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Item II.
ADJOURNMENT
ITEM # 58531
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 5:32 P.M.
c.~__t2_,Lt:€/u
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~~
pt,th Hodges Smith, MMC
City Clerk
William D. Sessoms, Jr,
Mayor
City of Virginia Beach
Virginia
February 17, 2009
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Item II.
ADJOURNMENT
ITEM # 58531
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Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 5:32 P.M.
Q~__-d__~Lb.)
Beverly '0. Hooks, CMC
Chief Deputy City Clerk
~~-----
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
February 17,2009