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<br />January 10, 2017
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<br />At a Called Meeting of the City Council on Tuesday, January 10, 2017, there were
<br />present:
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<br />Mayor John L. Rowe, Jr., Vice Mayor Paige D. Cherry, William E. Moody, Jr., *Elizabeth
<br />M. Psimas, Dr. Mark M. Whitaker, *Nathan J. Clark, Lisa L. Lucas-Burke, City Manager
<br />Dr. L. Pettis Patton, City Attorney Solomon H. Ashby, Jr.
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<br />17 - 23 - The following call for the meeting was read:
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<br /> "Please attend a Called Meeting of the City Council to be held in the 6 Floor
<br />Conference Room, 801 Crawford Street, 5:00 p.m., Tuesday, January 10, 2017 for the
<br />purpose of a Public Work Session.
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<br /> In addition, you may consider a motion to go into a Closed Meeting.
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<br />By order of the Mayor."
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<br />17 - 24 - The following items were discussed in Public Work Session:
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<br />1. Southeastern Public Service Authority (SPSA)/Transfer Station Options - Cheran
<br />Cordell, Senior Deputy City Attorney / Erin Trimyer, Public Utilities Director
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<br /> Dr. Patton, City Manager, asked that City Council direct her to have a discussion
<br />with the Executive Director of SPSA to allow the City to be a part of one of their
<br />transfer stations and give consideration to Wheelabrator as an option.
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<br /> By a show of hands (6-1 Whitaker), City Council directed the City Manager to start
<br />negotiations with the Executive Director for SPSA to pursue Wheelabrator as an
<br />option for a transfer station.
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<br />2. Legislative Presentation - Sherri Neil, Manager of Intergovernmental Affairs
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<br />3. Boards and Commissions Overview - Debra White, City Clerk
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<br />17 - 25 - Motion by Ms. Psimas, and seconded by Ms. Lucas-Burke, to go into Closed
<br />Meeting pursuant to provisions of Section 2.2-3711 A.7 of the Code of Virginia, for the
<br />purpose of consultation with legal counsel pertaining to actual or probable litigation, where
<br />such consultation in open meeting would adversely affect the negotiating or litigating
<br />posture of the City, specifically regarding Virginia International Gateway, Inc. v. City of
<br />Portsmouth, Virginia, Portsmouth Circuit Court case number CL 16001427-00 and
<br />Virginia International Gateway, Inc. v. City of Portsmouth, Virginia, Portsmouth Circuit
<br />Court case number CL 15002813-00; and
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<br />pursuant to Virginia Code subsection 2.2-3711 A.7 for the purpose of consultation with
<br />legal counsel pertaining to actual or probable litigation, where such consultation in open
<br />meeting would adversely affect the negotiating or litigating posture of the City, specifically
<br />regarding Meeks v. City of Portsmouth, Virginia, et als., Portsmouth Circuit Court case
<br />number CL 16001694-00 and Moody v. City of Portsmouth, Virginia, et als., Portsmouth
<br />Circuit Court case number CL 16001291-00.
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<br /> Councilman Moody asked for a legal opinion from City Attorney Ashby as to why he
<br />has to leave during City Council’s discussion of Moody v. City of Portsmouth, Virginia,
<br />et als., Portsmouth Circuit Court case number CL 16001291-00 and not Vice Mayor
<br />Cherry and Councilman Whitaker.
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<br />The motion was adopted by the following vote:
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<br />Ayes: Cherry, Clark, Lucas-Burke, Psimas, Whitaker, Rowe
<br />Nays: Moody
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<br /> Motion by Ms. Psimas, and seconded by Mr. Cherry, pursuant to Section 2.2-
<br />3712(D) of the Code of Virginia, certifying that to the best of the Council Members’
<br />knowledge during the immediately preceding Closed Meeting of the City Council:
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