Minutes 02/27/1990 - Laserfiche WebLink

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268 TUESDAY, FEBRUARY 27, 1990 Counqilman Groden questioned the reason for going into Executive Session to discuss a matter that has already been in the newspaper, i.e. a letter from James H. Ford, Chairman of the Planning Commission, alleging violations of the City's Subdivision Ordinance related to the construction of Liberty Fair Mall. It was noted that there could be some legal implications and Council should confer with their attorney before discussing in Open Session. In a vote as to whether to discuss in Open or Executive Session, there were 3 votes for Executive (0akes, Cole and Willjams), 1 for Open (Groden), and 1 Abstention (McClain). In accordance with Section 2.1-34~(A} of the CODE OF VIRGINIA (1950, and as amended), and upon motion, duly seconded and carried by a recorded vote of 4 to 1 (Councilman Groden voting "no"), Council convened into an Executive Session for the purpose of considering a legal matter, as authorized by Subsection 7- It is noted that Councilman McClain did not attend the Executive Session, stating he had a conflict of interest and could not participate in any discussion. At the conclusion of this Executive Session, Council reconvened into regular session wherein, by a recorded vote, each member of Council (with the exception of Councilman McClain who "abstained" for the reason previously stated) certified that (1) only public business matters lawfully exempted from open meeting requirements were discussed in said'Executive Session, viz., a legal matter, and (2) only those business matters are were identified in the motion convening said Executive Session were heard, discussed or considered by Council during said session. In response to Mr. Ford's letter, City Attorney Worthy noted that there had been no violations of the Subdivision Ordinance, that the matters involving the