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Home My WebLink AboutAUGUST 11, 2020 SPECIAL SESSION MINUTES Sa440 alp 94N40gGF Gb+r s of oUp to:::S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 11, 2020 Mayor Dyer called to order the SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, Tuesday,August 11, 2020, at 3:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten—Family member ill 2 CALL TO ORDER ITEM#70609 Mayor Dyer read the Mayor's Call for the SPECIAL MEETING: August 7, 2020 "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 MEETING of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 11, 2020 3:00 P.M. City Council Chamber Building 1, City Hall, 2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL MEETING is for the City Council to convene into a Closed Session in accordance with Virginia Code § 2.2-3711(A)(3) and (7) to discuss property acquisition in the Beach District(two separate matters but both in the Beach District)and the Princess Anne District, and the Holloway v. City of Virginia Beach litigation. At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office August 11, 2020 NS"'0.1.11A Bah --' City of Virginia Beach 2z OF OUR Nx-o0147 VBgov oom ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)3854581 FAX(757)385-5699 August 7, 2020 BDYEROVBGOV.COM 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 MEETING of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 11, 2020 3:00 P.M. City Council Chamber Building 1, City Hall, 2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL MEETING is for the City Council to convene into a Closed Session in accordance with Virginia Code § 2.2-3711(A)(3) and (7) to discuss property acquisition in the Beach District (two separate matters but both in the Beach District) and the Princess Anne District, and the Holloway v. City of Virginia Beach litigation.At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 ITEM#70610 Mayor Robert M. Dyer 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District • Princess Anne District • Beach District • Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. • Holloway, et al v. City of Virginia Beach *Council Member Moss stepped out during the Beach District discussion due to a conflict of interest. August 11, 2020 4 ITEM#70610 (Continued) Upon motion Council Member Wilson, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 3:03 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten Closed Session 3:03 P.M. —5:19 P.M. August 11, 2020 5 CERTIFICATION ITEM#70611 Upon motion by Council Member Wilson, seconded by Council Member Abbott, 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: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John D. Moss -Departed at 4:36 P.M. Sabrina D. Wooten August 11, 2020 ,`4G\N1'BEAc, 04 L� Oa F' r.r ] 5 \;3‘P , i}1S 9 OF OUR N�1�0+ 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#70610 Page 4 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 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. £ 111, in,a iaj•s, MMC City Clerk August 11, 2020 6 ADJOURNMENT ITEM#70612 Mayor Robert M. Dyer DECLARED the City Council SPECIAL MEETING ADJOURNED at 5:20 P.M. ,/,..„.------ alio Tern • aus Chief Deputy ity Clerk man rues, MMC Robert M. Dyer City Clerk Mayor August 11, 2020