City Council

CITY OF FREDERICKSBURG, VIRGINIA CITY COUNCIL City Hall, 715 Princess Anne Street, Second Floor Conference Room Fredericksburg, Virginia 22401 Tuesday, September 13, 2011 5:30 P.M. CALL TO ORDER MOTION FOR CLOSED SESSION • Closed Session under Code of Virginia, Section 2.2-3711 (A) (29), Discussion of the award of a public contract for court facilities, involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. • Closed session under Virginia Code §2.2-3711(A)(7), “consultation with legal counsel and briefings by staff members or consultants pertaining to actual litigation,” to discuss the case of Calvary Christian Center v. City of Fredericksburg. • Resolution 11-___, Approving Certification of Closed Meeting ADJOURNMENT HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE-MAYOR HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE ROSE PAOLUCCI, WARD FOUR  Motion for Closed Meeting Under The Virginia Freedom Of Information Act I move that the City Council convene a closed meeting under the Virginia Freedom of Information Act in order to discuss:  Personnel specific City officers, appointees, or employees, for the purpose of considering such person's assignment, appointment, promotion, performance, demotion, salary, disciplining, or resignation, under Virginia Code §2.2-371l(A)(1)  Real Property o Acquisition of real property for a public purpose, specifically, a public park where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City Council, under Virginia Code §2.2-371l(A)(3) o OR o Disposition of publicly held real property for the purpose  Prospective Business o Prospective business or industry, OR o Expansion of an existing business or industry for the purpose of discussing ___________________________________, under Virginia Code §2.2-371l(A)(5)  Legal Matters o Actual litigation specifically to discuss the case of Calvary Christian Center v. City of Fredericksburg with legal counsel where such consultation in open session would adversely affect the negotiating or litigating posture of City Council, OR o Probable litigation with legal counsel, staff, or consultants, where (1) litigation has been specifically threatened or on which the Council or its counsel has a reasonable basis to believe will be commenced by or against a known party, and (2) such consultation in open session would adversely affect the negotiating or litigating posture of the City Council, OR o Legal matters, specifically to discuss with counsel where such matters require the provision of legal advice, under Virginia Code §2.23711 (A)(7)  Other o Closed Session Under the Virginia Freedom of Information Act, VA Code §2.2-3711 (A)(29) to discuss award of a public contract for court facilities, involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. MOTION: September 13, 2011 Regular Session SECOND: Resolution No. 11-__ RE: CERTIFICATION OF CLOSED MEETING – COURTHOUSE & CALVARY CHRISTIAN CENTER LITIGATION ACTION: APPROVED; Ayes: ; Nays: 0 WHEREAS, the City Council of the City of Fredericksburg has this day adjourned into Closed Meeting in accordance with a formal vote of the Council, and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Freedom of Information Act requires the Council to reconvene in open session and to certify that such Closed Meeting was conducted in conformity with the law; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fredericksburg does hereby certify that to the best of each member’s knowledge (i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discuss in the Closed Meeting to which this certification applies, and (ii) only such public business matter as were identified in the Motion by which the said Closed Meeting was convened were heard, discussed or considered by the Council -Adjourned into Closed Meeting at p.m. -Adjourned out from Closed Meeting at p.m. ************ Clerk’s Certificate I, Tonya B. Lacey the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 11- duly adopted the City Council meeting held September 13, 2011 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey Clerk of Council