The URL can be used to link to this page

Home My WebLink AboutDECEMBER 21, 1993 MINUTES SPEC Cit:v- ~f' ~irgi~ia I3each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III VirgInia Beach Borough JAMES W BRAZIER, JR, Lynnhaven &rough ROBERT W CLYBURN, Kempsmlle &rough ROBERT K DEAN, Pnncess Anne Borough LOUIS R JONES, BaYSlde Borough PAUL J LANTEIGNE, Pungo &rough JOHN D MOSS At Large NANC) K PARKER, At Large JA\1ES K SPORE CIty Manager LE~LIE L LIUEY, CIty Attorney RUTH HODGES SMITH, CMC ¡ AAE, CIty Clerk CITY COUNCIL AGENDA 281 un H4LL BU/LDINL .\,1lJ.'VIUP4L CE.\iTER VIRC'¡J\i/4BEAC H VIRLINI4234'i6 900'; ¡X(}41 42ì 4303 SPECIAL SESSION DECEMBER 21, 1993 I. FORMAL SESSION - Council Chamber - 1:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. READING OF MA VOR'S CALL TO SPECIAL SESSION c. ROLL CALL OF CITY COUNCIL D. RECESS TO EXECUTIVE SESSION E. CERTIFICATION OF EXECUTIVE SESSION F. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 21, 1993 The SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 1 :00 P.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Willzam D Sessoms, Jr. Council Members Absent: Louis R. Jones [ENTERED' EXECUTIVE SESSION AT 1'30 PM] -2- ~ ITEM # 37532 The Mayor read the CALL TO SPECIAL SESSION: "HONORABLE MEMBERS OF CITY 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 SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Buildmg, on Tuesday, December 21, 1993, at 1'00 P.M for the following purpose Discuss legal issues in Executive Session involving Lake Gaston. Sincerely, s/Meyera E. Oberndorf" Mayor December 21, 1993 Cit:y- at Virgi:r1ia Beach. MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9000 (804) 427-4581 December 20, 1993 HONORABLE MEMBERS OF CI1Y 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 Cay, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL ill the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 1:00 P.M. for the following purpose. Discuss legal issues In Executive Session involving lAke G/ß'ton. Sincerely, Meyera E. Oberndorf Mayor MEO/bh cc: James K Spore, City Manager Leslze L. Lilley, City Attorney Ruth ¡lodges Smith, CMC/AAE, City Clerk Pam Lingle, Director of Public Information -3- ~ ITEM # 37533 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE (closed) SESSION, pursuant to Section 21-344, Code of VIrgin la, as amended, for the folloWIng purpose: . 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 Sectzon 2.1-344(A)(7) To- WIt: Lake Gaston Briefing Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazler, Jr Robert W Clyburn, Robert K Dean, Paul J Lantezgne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and VIce Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones, December 21, 1993 - 4 - Ih:m...l=.I2J.. ITEM # 37534 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 2:38 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W Brazzer, Jr., Robert K Dean, Louis R. Jones, Paul J. Lanteigne. John D Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: Robert W. Clyburn VIce Mayor WIlliam D Sessoms, Jr [LEFT AT 2 30 PM FOR BANK MEETING 1 December 21, 1993 -5- ~ CERTIFICATION OF EXECUTIVE SESSION ITEM # 37535 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by VIrginia law were discussed m Executzve Session to which this certification resolutiOn applzes, AND, Only such public business matters as were identified in the motion convening the Executzve Session were heard, discussed or considered by VIrginia Beach City Council Voting: 9-0 Council Members Voting Aye John A. Baum, Linwood O. Branch, III, James W Brazzer, Jr, Robert K Dean, Louis R. Jones, Paul J. Lantezgne. John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent Robert W. Clyburn and VIce Mayor William D Sessoms, Jr December 21, 1993 ittønlutinu 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 # 37533, Page No.3, and in accordance with the 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. ~¿~~ Ruth Hodges SmIth, CMC/ AAE City Clerk December 21, 1993 /.lnn....I.=E. ADJOURNMENT - 6 - ITEM # 37536 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 2:40 P.M c¿J~-_t2 .72~- -- --- Beverly V. Hooks, CMC Chief Deputy City Clerk ~~~'-_~_n_- Ruth Hodges Smith, CMC/ME City Clerk City of VIrginia Beach VIrginia ------------------------ Meyera E Oberndorf Mayor December 21, 1993 MUniCIpal Center VIrgInIa Beach VIrgInIa 23456-9080 (804) 427-4111 FAX (804) 426-5665 Pamela M lingle 011 ecfor NEWS RELEASE CIty of VIrgInIa Beach Office of PublIc Information FOR IMMEDIATE RELEASE December 21, 1993 MEDIA CONTACT: Clarence Warnstaff (804) 427-4346 VIRGINIA BEACH CITY COUNCIL CONSIDERS LAKE GASTON OPTIONS The Virginia Beach City Council met today in Executive Session to discuss the City's legal options in connection with the Lake Gaston Water Supply Project. City staff and outside legal counsel have been discussing options and alternatives since December 16 when the City was notified the Department of Justice had withdrawn its earlier opinions that the Coastal Zone Management Act (CZMA) did not provide for interstate review of the Project. The briefing concerning possible strategies and a recommended course of action was provided by Jack F. Kay, Jr. of Mays & Valentine, the City's outside legal counsel for the Lake Gaston Project. In releasing information concerning the briefing Mayor Meyera E. Oberndorf stated, "Securing water for Southeastern Virginia is the highest priority of this City Council. We have been working night and day since the recent CZMA ruling to consider every alternative available to us. It is vitally important to keep our residents and those of southside Virginia informed about how we are going to proceed with development of this project. However, any release of information, at this time, regarding our course of action could jeopardize our option availability. As soon as it is feasible, we will fully inform the public of the direction we are pursuing." ### g:ssgast1.rel City- e>f Virgi:r1ia Beach MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 December 20, 1993 HONORABLE MEMBERS OF CIIY COUNCIL In accordance with the City Charter, Section 306, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 1:00 PM for the following purpose Discuss legal issues in Executive SessIOn involving Lake Gaston. Sincerely, Meyera E. Oberndorf Mayor MEO/bh cc: James K Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Smith, CMC/AAE, City Clerk Pam Lingle, Director of Public Information T--- City- e>f Virgir1ia Beach MEYERA E OBERNDORF MAYOR MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 December 20, 1993 HONORABLE MEMBERS OF CITY 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 SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, CIty Hall Building, on Tuesday, December 21, 1993, at 1.00 PM. for the folloWIng purpose' Discuss legal issues in Executive Session involving Lake Gaston. Sincerely, Meyera E Oberndorf Mayor Yirginia Beach City Council Received Notice Councilman John A. Baum JA- /?:J Councilman Linwood O. Branch, III ~ Councilman James W. Brazier, Jr. Councilman Robert W. Clyburn Councilman Robert K Dean . ~ / ~ Councilman Louis R. Jones ~ Councilman Paul J. Lanteigne ,é};;) Councilman John D. Moss . E Councilwoman Nancy K Parker 7W Vice Mayor WIlliam D. Sessoms -- ---1-- MEYERA E OBERNDORF MAYOR Cit:,y of Virr V ~ Beach r '{/ MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9000 (804) 427-4581 December 20, 1993 ~ HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Sectzon 306, the City Code, Sectzon 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 1:00 P.M. for the following purpose: Discuss legal issues in Executive Session involving Lake Gaston. Sincerely, Meyera E. Oberndorf Mayor Yirginia 8each City Council Received Notice Councilman John A. Baum Councilman Linwood O. Branch, III Councilman James W. Brazier, Jr. Councilman Robert W. Clyburn Councilman Robert K Dean Councilman Louis R Jones Councilman Paul J. Lanteigne Councilman John D. Moss Councilwoman Nancy K Parker VIce Mayor WIlliam D. Sessoms ~. (6;) <iP('2J1 ./ ( ~~ --- -- Cit:y ~f Virgi:r1ia Beach MEYERA E OBERNDORF MAYOR HONORABLE MEMBERS OF CI1Y COUNCIL MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9000 (804) 427-4581 December 20, 1993 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 SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chamber, City Hall Building, on Tuesday, December 21, 1993, at 1:00 P.M for the following purpose: Discuss legal issues in Executive Session involving Lake Gaston. Vzrginia Beach City Council Received Notice Councilman John A. Baum Councilman Linwood O. Branch, III Councilman James W. Brazier, Jr. Councilman Robert W. Clyburn Councilman Robert K Dean Councilman Louis R. Jones Councilman Paul J. Lanteigne Councilman John D. Moss Councilwoman Nancy K Parker VIce Mayor WIlliam D. Sessoms - - --T !~ð ~ ~ . .~) (;~ ~ Sincerely, Meyera E Oberndorf Mayor ---- - ---~ --