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HomeMy WebLinkAboutNOVEMBER 29, 2005 MINUTES SFS MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 29 November 2005 Mayor Oberndorf called to order the SPECIAL FORMAL SESSION of the Virginia Beach City Council from which to recess into CLOSED SESSION for the purpose of discussing legal aspects related to the BRAC impressed restrictions on Tuesday, November 29, 2005, at 4:00 P.M. in the City Council Conference Room, City Hall Building. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and James L. Wood Council Members Absent: Ron A. Villanueva [Entered: 4:10 PM.] Rosemary Wilson [Entered: 4: 12 P.M.] - 2- MAYOR'S CALL TO SPECIAL SESSION: ITEM # 54658 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 COUNCILfrom which to recess into CLOSED SESSION for the purpose of discussing legal aspects related to the BRAC restrictions. The SPECIAL FORMAL SESSION shall be held on Tuesday, November 29, 2005, at 4:00 P.M., in the City Council Conference Room, City Hall. Sincerely, Meyera E. Oberndorf Mayor" 29 November 2005 Citye>f Virgi:rl..ia. Bea.ch MEYERA E. OBERNDORF MAYOR November 23,2005 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5699 MOBERNDO@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 BEACH CITY COUNCIL from which to recess into CLOSED SESSION for the purpose of discussing legal aspects related to the BRAC restrictions. The SPECIAL FORMAL SESSION shall be held on Tuesday, November 29, 2005, at 4:00 P.M., in the City Council Conference Room, City Hall. Sincerely, ~ Meyera E. Oberndorf Mayor 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 Marcy Sims - Interim Chief Information Officer Jack Whitney - Interim Chief Financial Officer Diane Roche, Assistant to the City Manager for Communications and Media Relations MEYERA E. OBERNDORF MAYOR City <Jf Virgir1ia. Bea.ch November 23,2005 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5699 MOBERNDO@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 BEACH CITY COUNCIL from which to recess into CLOSED SESSION for the purpose of discussing legal aspects related to the BRAC restrictions, The SPECIAL FORMAL SESSION shall be held on Tuesday, November 29, 2005, at 4:00 P.M., in the City Council Conference Room, City Hall. Virginia Beach Citv Council Councilman Harry E. Diezel Councilman Robert M. Dyer Vice Mayor Louis R, Jones Councilwoman Reba S. McClanan Councilman Richard A, Maddox Councilman Jim Reeve Councilman Peter W. Schmidt Councilman Ron A. Villanueva Councilwoman Rosemary Wilson Councilman James L. Wood Sincerely, ~ Meyera E. Oberndorf Mayor AA/ -9- - 3 - ITEM # 54659 Mayor 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: LEGAL MATTERS: 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 Section 2,2-3711 (A)(7). BRAC Compliance Plan Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (4:00 P.M.) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A, Villanueva [Entered: 4: 1 0 PM.] Rosemary Wilson [Entered: 4: 12 P.Ml (Closed Session: 4:00 - 6:24 P.M.) 29 November 2005 - 4- ITEM # 54660 Mayor Meyera E. Oberndorf RECONVENED the SPECIAL FORMAL SESSION of the Virginia Beach City Council On Tuesday, November 29,2005, at 6:25 P.M. in the City Council Conference Room, City Hall Building. Council Members Present: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None 29 November 2005 - 5 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54661 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None 29 November 2005 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 # 54659, page 3, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) 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 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 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. ~. Ruth Hodges Smith, MMC City Clerk ~ November 29, 2005 - 6- ADJOURNMENT ITEM # 54662 Vice Mayor Louis R. Jones DECLARED the Special Formal City Council Session ADJOURNED at 6:27 P.M. ~;;;;f:~!:~4 Chief Deputy City Clerk ~;es City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia 29 November 2005