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Home My WebLink AboutFEBRUARY 17, 2009 I I I I I III I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR IFILL/AM D. SESSQ.'.tS, JR.. At-Large 1'10: MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS Rose Hall - District 3 JI'lLL/AM R. DeSTEPH, At-Large HARRY E. DlEZEL. Kempsville - District] ROBERT M. DYER" Cel/ten.iIle - District J BARBARA M. HESLEY, Pril/cess AI/lie - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILUN[,'EVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD, LYlIl/havell -District 5 CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-80()5 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: C~vcncl@vbgov.com SPECIAL FORMAL SESSION CITY MANAGER - JAMES K. SPORE ACTING CITY ATTORNEY - WILL/AM "BILL" MACAL/ CITY ASSESSOR - JERALD BANAGAN ClTYAUDlTOR - LYNDON S. REMIAS ('fTY CLERK - ReTH HODGES SMITH, MMC 17 FEBRUARY 2009 I. SPECIAL FORMAL SESSION - City Council Conference Room - 1 :45 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. 1. READING OF THE MAYOR'S CALL FOR FORMAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION (re Personnel and Legal matters) D. CERTIFY CLOSED SESSION II. ADJOURNMENT I I I I' II I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 17, 2009 Mayor William D. Sessoms, Jr. called to order the SPECIAL FORMAL SESSION for the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room 234, City Hall, on Tuesday, February 17,2009, at 1:45 P.M. 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., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Entered: 1:55 P.M.) Ron A. Villanueva [Entered: 2:00 P.M.) February 17, 2009 I II I I III1 -2- MAYOR'S CALL TO SPECIAL SESSION: ITEM # 58528 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 COUNCIL from which to recess into CLOSED SESSION for the following purposes: PERSONNEL MATTERS LEGAL MATTERS The SPECIAL FORMAL AND CLOSED SESSION shall be held on Tuesday, February 17, 2009, 1:45 P.M. in the City Council Conference Room 234, City Hall, Sincerely, s/ William D. Sessoms, Jr. Mayor" February 17, 2009 I I I I I II I City of' Virgi:r1ia. Bea.ch WilLIAM D. SESSOMS. JR. MAYOR February 13, 2009 VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@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 BEA CH CITY COUNCIL from which to recess into CLOSED SESSION for the following purposes: PERSONNEL MATTERS LEGAL MATTERS The SPECIAL FORMAL AND CLOSED SESSION shall be held on Tuesday, February 17, 2009, 1:45 P.M. in the City Council Conference Room 234, City Hall. , A'J' Virf[inia Beach Gitv CounCJi Glenn R. Davis William R. "Bill DeSteph Harry E Diezel Robert M Dyer Barbara M Henley Vice Mayor Louis R. Jones John E Uhrin Ron A. Villanueva Rosemary Wilson James L. Wood , I I I I I II I - 3 - Item V-C.] ITEM # 58529 Mavor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees City Attorney - Candidate Interviews LEGAL MATTERS: 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 of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A) (7). Buddhist Education Center of America, Inc. v. City of Virginia Beach Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 1:50 PM. February 17, 2009 I II II 'II - 4 - Item V-C.] ITEM # 58529 (Continued) Voting: 9-0 Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin and Ron A. Villanueva (City Attorney Interviews: 1:50 P.M. - 4: 52 P.M.) (Legal Matters: 4:52 P.M - 5:30 P.M.) February 17, 2009 I II I I II I - 5 - Item V-E. CERTIFICATION ITEM # 58530 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS at 5:30 P.M. 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. VOling: 11-0 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay None Council Members Absent: None February 17, 2009 I I I I I II 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 #58529, 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. NOW; 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. th Hodges Fraser, MMC City Clerk February 17, 2009 I I I II I - 6 - Item II. ADJOURNMENT ITEM # 58531 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 5:32 P.M. c.~__t2_,Lt:€/u Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~~ pt,th Hodges Smith, MMC City Clerk William D. Sessoms, Jr, Mayor City of Virginia Beach Virginia February 17, 2009 -6- Item II. ADJOURNMENT ITEM # 58531 I I Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 5:32 P.M. Q~__-d__~Lb.) Beverly '0. Hooks, CMC Chief Deputy City Clerk ~~----- William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia February 17,2009