September 26, 2017
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<br />At a Regular Meeting of the City Council on Tuesday, September 26, 2017, there
<br />were 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 Lucas-Burke, City Manager Dr.
<br />L. Pettis Patton, City Attorney Solomon H. Ashby, Jr.
<br />
<br />Dr. Hal Hostetler opened the meeting with prayer, which was followed by the
<br />Pledge of Allegiance to the Flag.
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<br /> Mayor Rowe called the meeting to order and welcomed all in attendance.
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<br /> Motion by Mr. Moody, and seconded by Ms. Lucas-Burke, to approve the minutes
<br />of a Called Meeting of September 11, 2017, of a Called Meeting of September 12, 2017,
<br />of a Regular Meeting of September 12, 2017, and of a Called Meeting of September 18,
<br />2017, and was adopted by the following vote:
<br />
<br />Ayes: Cherry, Clark, Lucas-Burke, Moody, Psimas, Whitaker, Rowe
<br />Nays: None
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<br />Special presentation:
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<br />Briefing on monument by Cheran Cordell, Chief Deputy City Attorney
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<br />17-423 Motion to direct the City Attorney to request a Declaratory Judgement, and
<br />to take such other action as he deems necessary, to determine the
<br />ownership of the monument located at the intersection of High and Court
<br />Street and to determine whether the City has the legal authority to move the
<br />said monument under applicable law, including Code of Virginia Section
<br />15.2-1812.
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<br />1. Louie Gibbs, 1704 Charleston Avenue, spoke in support of moving the monument.
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<br />2. Robert Faulk, 215A Depot Drive, spoke in support of removing the monument.
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<br />3. Stephanie Liverman, 167 Mount Vernon Avenue, spoke in opposition to moving the
<br />monument.
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<br />4. Mark Geduldig-Yatrofsky, P. O. Box 50141, asked that City Council allow citizens to
<br />make the decision to move the monument by putting it on the voting ballot as a
<br />referendum.
<br />
<br /> Motion by Ms. Lucas-Burke, and seconded by Mr. Cherry, to direct the City
<br />Attorney to request a Declaratory Judgement, and to take such other action as he deems
<br />necessary, to determine the ownership of the monument located at the intersection of
<br />High and Court Street and to determine whether the City has the legal authority to move
<br />the said monument under applicable law, including Code of Virginia Section 15.2-1812,
<br />and was adopted by the following vote:
<br />
<br />Ayes: Cherry, Clark, Lucas-Burke, Moody, Psimas, Rowe
<br />Nays: Whitaker
<br />
<br />By a majority of City Council, Solomon Ashby, City Attorney, was directed to prepare and
<br />bring back to the October 10, 2017 Regular City Council meeting a resolution pertaining
<br />to the relocating the monument from its current location at Court and High Streets to
<br />Cedar Grove Cemetery, and was reflected by the following vote:
<br />
<br />Ayes: Cherry, Lucas-Burke, Whitaker, Rowe
<br />Nays: Clark, Moody, Psimas
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