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Home My WebLink AboutJUNE 8, 2021 SPECIALL FORMAL SESSION MINUTES 1 Ors =r . �a � T.~9�F's 0 140 Ijb4w 04 OF.OUR AT�O VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 8, 2021 Mayor Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL, in the Virginia Beach Convention Center, Suite 5, on Tuesday,June 8, 2021, at 4:36 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss—Family Illness 2 MAYOR'S CALL FOR SPECIAL FORMAL SESSION ITEM#71682 Mayor Dyer read the Mayor's Call for the SPECIAL FORMAL SESSION: June 3, 2021 "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 Tuesday,June 8, 2021 5:00 P.M. Virginia Beach Convention Center,Suite 5 100019`h Street The purpose of this SPECIAL FORMAL SESSION is to allow City Council to CONVENE INTO CLOSED SESSION pursuant to Section 2.2-3711(A)(7) to discuss the Holloway et al v. City of Virginia Beach litigation matter. At the conclusion of the Closed Session, the City Council will reconvene in open session for the purpose of certifying the Closed Session and, commencing at 6 p.m., the City Council will take PUBLIC COMMENT to obtain public input regarding UPCOMING CHANGES TO THE CITY'S ELECTION SYSTEM RESULTING FROM THE CASE OF HOLLOWAY, et al v. CITY OF VIRGINIA BEACH AND RECENT CHANGES TO VIRGINIA STATE LAW. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/gphp?MTID=e24f7982ee752c65403c028279a1120ad •Register with the City Clerk's Office by calling(757)385-4303 prior to 5:00p.m.on June 8, 2021 This Special Formal Session will be streamed live on wwvv.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CitvCouncil(avbgov.com. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office June 8, 2021 3 ITEM#71683 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: 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 pursuant to Section 2.2-37 1 1(A)(7). • Holloway et al v. City of Virginia Beach June 8, 2021 4 ITEM#71683 (Continued) Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 4:38 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, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Break 4:38 P.M. — 4:48 P.M. Closed Session 4:48 P.M. — 5:13 P.M. June 8, 2021 5 CERTIFICATION ITEM#71684 Mayor Dyer RECONVENED the Special Formal Session at 6:00 P.M. Upon motion by Vice Mayor Wood,seconded by Council Member 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: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss June 8, 2021 04 e r 2 OUR N'1\OMS RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#71683 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. I A ands rnes, MMC City Clerk June 8, 2021 6 PUBLIC COMMENT ITEM#71685 Mayor Dyer DECLARED a PUBLIC COMMENT: Upcoming Changes to the City's Election System Resulting from the Recent Case of Holloway, et al v. City of Virginia Beach And recent changes to Virginia State Law The following registered to speak: Barbara Messner, P. O. Box 514, suggested returning to holding elections in May and is OPPOSED to holding this meeting. Dee Oliver, 1244 Crystal Lake Circle,Phone:406-4954,Hampton Roads Chamber of Commerce, Virginia Beach Board Chair spoke in SUPPORT of City Council's decision to appeal the Holloway case David Nygaard, 1625 Cutty Sark Road, Phone: 778-1496, expressed concerns regarding the proposed maps as the districts are not -practical". Mr. Nygaard expressed the need for district lines to be drawn equitable and fairly Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, expressed concerns of voter suppression with current election system. Mr. McCollum supports the 10-1 proposal Dr. James Allen, 395 Old Great Neck Road, Phone: 449-8322, expressed frustration with cost of appeal paid by taxpayers Matthias Telkame, 2400 Deep Water Way, Phone: 972-310-2091, expressed frustration with cost of appeal for an election system found to be illegal and believes money would be better spent on flooding and/or road projects Perez Gatling, 965 Baker Road, Phone: 620-8391, spoke in SUPPORT of Ward System Susan Hippen, 5909 Cold Harbor Court, Phone: 679-1286, spoke in SUPPORT of election changes. Ms. Hippen expressed frustration with cost of appeal for an election system found to be illegal and believes money would be better spent on projects in the Centerville District Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT of election changes and believes the City's election system has been wrong since the very beginning as the system simply does not make sense Henry Ruto, expressed SUPPORT for district voting Linwood Branch, 720 Windwood Drive, spoke in SUPPORT of City Council's decision to appeal the Holloway case. Mr.Branch expressed frustration with the lack ofpublic input and believes the State should not have made changes without public input June 8, 2021 7 PUBLIC COMMENT ITEM#71685 (Continued) R. J. Nutter, 222 Central Park Avenue, Phone: 687-7502, representing Virginia Beach Vision, spoke in SUPPORT of City Council's decision to appeal the Holloway case.Mr. Nutter expressed frustration with the lack of public input and believes the State should not have made changes without public input and would like to have a Referendum to allow citizens to make the decision on the election system Jay Boone, Phone: 613-6971, registered to speak via WebEx; however, was unable to speak due to a loss of power There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT June 8, 2021 7 ADJOURNMENT ITEM#71686 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at 6:39 P.M. r Terri H. Cheliu Chief Dep City Clerk an arnes,MMC Robert M. Dyer City Clerk Mayor June 8, 2021