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HomeMy WebLinkAboutMARCH 16, 2004 MINUTES spec CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" ITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE j\1AYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZE!" Kempsville - District 2 MARGARET L EURE, Centervil/e - District f REBA S. McCLANAN, Rose Hatl- Dis/riel 3 lUCl-fAfW A. MALJDOX. Beach - District 6 JIM IU~'EVE, Princess Anne - District 7 PETER W SCHMIDT, Ar-l.arge RON A. VIU.ANUt:VA, At-Large ROSEMARY WILSON, AI.Large .JAM/iS L. WOOf), l.ynnhaven -Dis/ricl 5 CITY COUNCIL WORKSHOP CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE.- (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycncl@vhgov,com jAlYfE.\' K SPORE, City Manager LESLIE 1" LiLLEY, City Attorney R( ITH HODGES SMITH MMC, City Clerk 16 March 2004 I. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. BICYCLE/TRAIL FACILITY ANALYSIS Cindy Curtis, Director, Department of Parks and Recreation II. SPECIAL FORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS",O CLOSED SESSION 1. Police Firing Range D. CERTIFICATION OF CLOSED SESSION III. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 16 March 2004 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION for the VIRGINIA BEACH CITY COUNCIL in City Council Conference Room, City Hall, on Tuesday, March 16, 2004, at 4:45 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Home with his ill children] - 2- MAYOR'S CALL TO SPECIAL SESSION: ITEM # 52246 The Mayor read the CALL TO SPECIAL FORMAL AND CLOSED 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 a SPECIAL FORMAL and CLOSED SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, March 16, 2004, at 4:30 P.M, jiJllowing the regular Workshop, in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive The purpose of the SPECIAL FORMAL AND CLOSED SESSION: Police Firing Range Sincerely, s/Meyera E. Oberndoif Mayor" March 16, 2004 City C:>I Virgirl.ia. Bea.ch MEYERA E. OBERNDORF MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)427-4581 FAX (757) 426-5699 MOBERNDO@VBGOV.COM March 11, 2004 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 a SPECIAL FORMAL and CLOSED SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, March 16, 2004, at 4:30 P.M. following the regular Workshop, in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. The purpose of this SPECIAL FORMAL AND CLOSED SESSION: Police Firing Range Sincerely, 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 Steven Thompson, Chief Financial Officer David Sullivan - Chief Information Officer Gwen Cowart - Director, Communications and Information Technology Diane Roche, Assistant to the City Manager for Communications and Media Relations - 3 - MA YOR 'S COMMENTS ITEM # 52366 The City Manager distributed Virginia General Assembly status sheets (as if 2:00 P.M., March 16, 2004), which also contained information relative the potential consequences of the House and Senate Budgets relative Localities. The Senate has adopted SR 17 urging the Governor to call a Special Session of the Virginia General Assembly and SJR 258 petitioning the Governor to call a Special Session in accordance with the Constitution. Article IV, Section 6 The Governor may convene a special session of the General Assembly when, in his opinion, the interest of the Commonwealth may require and shall convene a special session upon the application of two-thirds of the members elected to each house. It appears the House will not take up SJR 257 extending the Session by three (3) additional days. The Senate adopted the Resolution earlier in the day. March 16, 2004 - 4- II-C RECESS TO CLOSED SESSION ITEM # 52367 Mayor Meyera 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, the disposition of publicly- held property, 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). Location of Police Firing Range LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision ()flegal advice by counsel pursuant to Section 2.1-344(A)(7). Contractual Negotiation - Police Firing Range Upon motion by Council Lady Eure, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:48 P.M.). Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Peter W. Schmidt and Ron A. Villanueva (4:48 P.M. - 6:20 P.M.) March 16, 2004 - 5- Item II-D. CERTIFICATION OF CLOSED SESSION ITEM # 52368 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED 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 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, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva March 16, 2004 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 # 52367, page 4, and in accordance with the provisions of The Virginia Freedom ofInformation Act; and, WHEREAS: Section 2.2-371 I (A) ofthe 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 YED: 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. ~~~-- uth Hodg Smith, MMC City Clerk March 16,2004 - 6- Item IlL ADJOURNMENT ITEM # 52369 Mayor Meyera E. Oberndorf DECLARED the Special Formal City Council Session ADJOURNED at 6:21 P.M. Q~_d~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 16, 2004