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Home My WebLink AboutJULY 6, 1995 MINUTES (2it@ c3f .'WORLD'S LARGEST RESORT Crff" CrrY COUNCIL MAYOR MEY@ E. OBERNDOU. AT-UW VICE MAYOR WIUI" D. SEWM& JR., At-Ur JOHN A. MUM. @ &"h u@D 0. B"wu III, v@. @h @h @T K. DEAN, N. A.- @h W@ W. H@N, JR., L,.@ &"h HAR= HEWHOBEK At-@V M@ M. H@, NW @,h WUIS A. IONIM B,@ @h NANCY K. PAMK Al.@ LOUI@ M. smvmml @@ @h 281 Cin H@ BUILDING MUNICIP@ CENTER I"@ K, SMU. Ci@ M@-@ VIRGINIA @CH, VIRGINIA 234M-@5 LESIJE L U@Y. C@@ A,@ .27 4303 RVRH HOWM WMH, CW I @E. Cil, C@k S P E C I A L F 0 R M A L S E S S I 0 N C 0 U N C I L C H A M B E R July 6, 1995 8:00 A.M. I. CALL TO ORDER - Mayor Meyera E. Oberndorf II. READING OF MAYOR'S CALL TO SPECIAL SESSION III. ELECTRONIC ROLL CALL OF CITY COUNCIL IV. RECESS TO EXECUTIVE SESSION V. CERTIFICATION OF EXECUTIVE SESSION VI. LAKE GASTON SETTLEMENT AND RELATED ISSUES VII. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 6, 1995 Mayor Meyera E. Oberndorf called to order the SPECL4L FO SESSION of the 1,7RGINL4 BEACH CITY COUNCIL re Lake Gaston on Thursday, July 6, 1995, at 8.-OO A.M. Council Members Present.- John A. Baum, LinwwdaBrancik III, Robert K Deap; William W Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf and Nancy K Abarker, Vice Mayor William D Sessoms, Jr and Louisa M. Strayhorn Council Members Absent,- None 2 Item II, ITEM # 39463 7he Mayor read the CALL TO SPECL4L FO SESSION. "HONORABLE MEMBERS OF C17Y 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 SPECL4L FORMAL SESSION of the VLRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Thursday, July 6, 1995, at 8:00 A.M. re Lake Gaston Seitlement and related issues. Sincerely, sIMeyera E Oberndorf Mayor July 6, 1995 3 item IV, RECESS INTO EXECUTIVE SESSION ITEM # 39464 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2 1 -344, Code of Virginia, as amendett for the following purpose: LEGAL MA7TERS.- Consultation with legal counsel or bri@gs by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 21 -344(A)(7). To - Wit: Lake Gaston Settlement Agreement Upon motion by Vice Mayor Sessona, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION (8:08 AM.). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K Parker, Irice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None July 6, 1995 - 4 - ITEM # 39465 Mayor Oberndorf RECONVENED the FORMAL SESSION of the 1,7RGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Thursday, July 6, 1995, at 10:32 A.M. Council Members Present.- John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Absent.- Vice Mayor William D. Sessoms, Jr. [LEFY EXECUTIVE SESSION.- 8.-46 A.M. Nancy K Parker [LEFTFXECUTIVESESSION.- 10:20A,M.] July 6, 1995 5 ITEM # 39466 UPon motion by Councibnan Jones, seconded by CounciLpnan Branc,% City Council CERTIFIED THE EXECUTIFIE SESSION TO BE IN ACCORDANCE R7TH THE MOTION To RECESS. Only public business matters lawfully exejnpted fi-om Open Meeting requirements by lirginia law were discussed in Executive Session to which this certification resolution applies; AND, OnlY such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City CounciL Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Deap; William w. HarrisOn, Jr., Harold Heischober, Barbara M. Henley, Louis p, Jones, Mayor Meyera E. Oberndorf and Louisa M. Strayborn Council Members Voting Nay: None Council Members Absent: Nancy K Parker and Vice Mayor William D. Sessoms, jr. July 6, 1995 ton CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affimative vote recorded in ITEM # 39464 Page No. 3 and in accordance with the provisions of Ilc 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. r,tun Hodges Smith, CMC/AAE City Clerk July 6, 1995 6 Item VII, ADJOURNMENT ITEM # 39467 MaYor Oberndorf DECLARED the City Council SPECL4L SESSION ADJOURNED at 10:35 A. M. - @ @o /@ ------- Beverly 0. Hooks, CMC Chief Deputy City Clerk ------------------------ Ru Hodge it4 CMC Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia July 6, 1995 Cit@ @t- 13@et@" "WORLD'S LARGEST RESOFrr CITY" CrrY COUNCIL MAYOR MEVERA E ORERNDOff At-L-i, VICE MAMA MLUAM D. @& JR., M.@ JOHN k BAUM, @@ @gh @ 0. @H ill. Vini-. Bh @gh @" K. @. N. A.- &"h W W. HAPJtlWt4, JR., LM. @h HAROLD H@BM M-@, @ M. HENLEY, NW @gh wuls p JONES. @@ @h NANCY K. PARKER, At-@ LOUMA M. @MYHORN. @lk @h 281 C@ HALL BUIWING MUNICIP@ CENTER ]"O K. SM@. Ciq M.@ VIRGINIA MACH, VIRGINIA 234% W5 @UE L U@. Cil, Al@ (@l 427.4M3 R@H HO@M WIM. CMC I ME, Cil C@ S P E C I A L F 0 R M A L S E S S I 0 N C 0 U N C I L C H A M B E R July 6, 1995 8:00 A.M. I. CALL TO ORDER - Mayor Meyera E. Oberndorf II. READING OF MAYORIS CALL TO SPECIAL SESSION III. ELECTRONIC ROLL CALL OF CITY COUNCIL IV. RECESS TO EXECUTIVE SESSION V. CERTIFICATION OF EXECUTIVE SESSION VI. LAKE GASTON SETTLEMENT AND RELATED ISSUES VII. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 6, 1995 Mayor Meyera E. Oberndorf called to order the SPECL4L FORMAL SESSION of the 1,7RGINL4 BF,4CH CITY COUNCIL re Lake Gaston on 7hursday, July 6, 1995, at 8. 00 A.M. Council Members Present: John A. Baum, Linwood 0. Branc& III, Robert K Deap4 William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent. None 2 Item II, ITEM # 39463 77ie Mayor read the CALL TO SPECL4L FORMAL SESSION. "HONORABLE MEMBERS OF CFIY 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 SPECL4L FORMAL SESSION of the P7RGINLI BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on 77tursday, July 6, 1995, at 8:00 A.M. re @ Gaston Settlement and related issues. Sincerely, sIMeyera E Oberndorf Mayor July 6, 1995 3 Item IV, RECESS INTO EXECUTIVE SESSION ITEM # 39464 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 21 -344, Code of Virginia, as amended for the following purpose: LE@ MAZTERS.- Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal mauers requesting the provision of legal advice by counsel pursuant to Section 21 -344(A)(7). TO - WI t., Lake Gaston Settlement Agreement Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION (8.-08 A.M.). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members Voting Nay: None Council Members Absent.- None July 6, 1995 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 # 39459 Page No. 3 and in accordance with thc 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. Rut~h Hodges ~mith, CMC/AAE City Clerk June 30, 1995 - 4 - ITEM # 39465 MaYor Oberndorf RECONVENED the FORMAL SESSION of the VLRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Thursday, July 6, 1995, at 10:32 A.M. Council Members Present: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Louisa M Strayhorn Council Members Absent.- llice Mayor William D. Sessoms, Jr. [LEFT EXECUTIVE SESSION.- 8.-46 A.M. Nancy K Parker [LEFTEXECUT@SE&ION.- IO.-20A.Ml July 6, 1995 - 5 - ITEM # 39466 Upon motion by Councibnan Jones, seconded by Councibnan Branch, City Council CER77FLED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters @lly ted from Open Meeting requirements by rtrginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by rirginia Beach City CounciL Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Deat4 William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker and Vice Mayor William D. Sessoms, Jr. July 6, 1995 6 item Yri, ADJOURNMENT ITEM # 39467 Mayor Oberndorf DEC D the City Council SPECLIL SESSION ADJOURNED at 10:35 A. M. Beverly 0. Hooks, CMC Chief Deputy City Clerk __: ------ ------------------------ Ruth Hodges Smith, CMCIAAE Meyera E Oberndorf City Clerk Mayor City of Virginia Beach Virginia July 6, 1995