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AUGUST 3, 2009 SPECIAL SESSION CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MA YOR LOUIS R. JONES, Bayside - District -I GLENN R. DA VIS, Rose Hall - District 3 WIUJAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERI'M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 JOHN E. UHRIN, Beach District6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('ITY MANAGER - JAMES K SPORE ('fIT A7TORNEY - MARK D. STILES ('/7Y ASSESSOR - JERALD BANAGAN ('ITY AUDITOR - IXNDON S. JlhMIAS ('[IT CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL SPECIAL SESSION AGENDA 3 AUGUST 2009 II CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE'(757) 385-4303 FAX (757) 385-5669 E-MAIL: ctycncl@vbgov.com I. SPECIAL FORMAL AND CLOSED SESSION - Convention Center, Room 2-B - 8:30 AM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. 1. READING OF THE MAYOR'S CALL TO SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1. Cape Henry Sand Replenishment D. CERTIFY CLOSED SESSION II. ADJOURNMENT I' I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 3, 2009 Mayor William D. Sessoms, Jr. called to order the Virginia Beach City Council's SPECIAL FORMAL SESSION from which to recess into CLOSED SESSION, Monday, August 3,2009, at 8:30 A.M, at the. Virginia Beach Convention Center, Room 2-B, 1000 19th Street. 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., John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Absent: Ron A. Villanueva [Entered: 10:00A.M- City Council Retreat] August 3, 2009 I 'I - 2 - LA.I. MAYOR'S CALL FOR FORMAL SESSION ITEM # 59059 Mayor Sessoms read the Mayor's Callfor Special Formal Session: .July 28, 20M "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 oj the City oj Virginia Beach, I hereby call Jar a SPECIAL FORMAL SESSION oj the VIRGINIA BEACH CITY COUNCIL from which to recess into CLOSED SESSION Jor the Jollowing purpose: LEGAL ADVICE: CAPE HENRY SAND REPLENISHMENT The SPECIAL FORMAL and CLOSED SESSION shall be held: Monday, August 3,2009 8:30 A.M., before the City Council Retreat The Virginia Beach Convention Center, Room 2-B 1000 Irjh Street, Virginia Beach, Virginia 23451. Sincerely, .~I ~Villiam D. Sessoms..J/: Mayor" cc: Mayor and Members o[Oty Council .James K. Spore, City Manager M;u*. D. StIles. City Attomey Lyndon S. Remias, City Auditor Ruth Hodgcs f}asel; MMC City Clel*. Susan D. Walston, Deputy CIty Manager Rohert S. HedJel1, Deputy City Manager David L. H;1I1scn, Deputy City Manager CatJJel}1J H/hitesclJ, DJi'cctor o[M1I1agemcnt Seniccs M;uy Hancock, Media and Communications AdnJJiJlstrator Knill F;lIdcy, Dircctor olMultimedia SClvices August 3, 2009 i I "I' Citye>f Virgir1ia Beach WilLIAM D, SESSOMS, JR. MAYOR VBgoy,com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com July 28, 2009 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 oJthe City oJ Virginia Beach, I hereby callJor a SPECIAL FORMAL SESSION oJthe VIRGINIA BEACH CITY COUNCIL from which to recess into CLOSED SESSION Jor the Jollowing purpose: LEGAL ADVICE: CAPE HENRY SAND REPLENISHMENT The SPECIAL FORMAL and CLOSED SESSION shall be held: Monday, August 3, 2009 8:30 A.AI., before the City Council Retreat The Virginia Beach Convention Center, Room 2-B IOOO Irjh Street, Virginia Beach, Virginia 23451. Sincerely, W-iU./ William D. Sessoms, Jr. Mayor Virginia Beach City Council Glenn R. Davis William R, "Bill" DeSteph Harry E. Diezel Robert M Dyer Barbara B, Henley Vice Mayor Louis R, Jones John E. Uhrin Ron A, Villanueva Rosemary Wilson James 1. Wood ~:d Notice '- ,I ,I - 3 - ITEM # 59060 Mayor William D, Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2,2-3711 (A), Code oJ Virginia, as amended, Jar the Jollowing purpose: LEGAL MA TTERS: 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 oJ the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision oJ legal advice by such counsel pursuant to Section 2.2-3711 (A) (7), Cape Henry Sand Replenishment Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 8:33 A,M Voting: 10-0 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, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A, Villanueva (Closed Session: 8:33 A.M. - 8:50 A.M.) August 3, 2009 ,II - 4 - Item I-D. ITEM # 5906I CERTIFICA TION Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawJully exempt Jrom 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: 9-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer and Ron A. Villanueva August 3, 2009 ,I .,1 'I 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 #59060, 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. NOf-v, 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. 0-~~~ Ruth Hodges raser, MMC City Clerk August 3, 2009 i I I 'I - 5 - Item II ADJOURNMENT ITEM # 59062 Mayor William D. Sessoms, Jr. DECLARED the City Council Special Session ADJOURNED at 8:52 A,M ,--'~~____~:_Z~q/;.J Beverly 0. Hooks, CMC ChieJ Deputy City Clerk ~.J City Clerk William D, Sessoms, Jr, Mayor City oJ Virginia Beach Virginia August 3, 2009 II "I - 5 - Item II ADJOURNMENT ITEM # 59062 Mayor William D, Sessoms, Jr. DECLARED the City Council Special Session ADJOURNED at 8:52 A,M ~_____tZ_X~J/.,) Beverly 0. Hooks, CMC ChieJ Deputy City Clerk ~~ City Clerk City oJ Virginia Beach Virginia August 3, 2009