Item Coversheet



Staff REPORT
Action ITEM

Item # 12.

SUBJECT: 

Closed Meeting

DATE OF MEETING:  

July 14, 2020

Staff CONTACT(S):

David A. Mekarski, AICP, Town Manager

Sally Hankins, Town Attorney



SUMMARY and RECOMMENDATIONS:

The purpose of the closed meeting is:

 

1. for discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Specifically, the Town Council will discuss a property for a permanent police facility.

and;

 

2. to discuss and consider information provided to the Town by a private entity under the Public-Private Education Facilities and Infrastructure Act of 2002. The private entity, AQUA VIRGINIA, INC., submitted to the Town an unsolicited proposal to purchase the Town’s water and wastewater systems, which proposal is exempt from production under FOIA pursuant to Virginia Code Section 2.2-3705.6(11)(b). The Town has determined that disclosure of the pricing and revenue information contained in AQUA’s proposal, prior to the execution of an interim agreement or a comprehensive agreement, would adversely affect the financial interest or bargaining position of the Town, and may therefore be discussed in a closed meeting.



MOTION(S):

TO GO INTO CLOSED MEETING:

As authorized under Section 2.2-3711.A.3. of the Code of Virginia, I move that the Town Council convene in a closed meeting for discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.  Specifically, the Town Council will discuss a property for a permanent police facility. 

 

The following are requested to attend the closed meeting:

  1. All Town Council members
  2. David Mekarski, Town Manager
  3. Sally Hankins, Town Attorney
  4. Chief Cynthia McAlister, Police Dept.

 

 

I further move that, as authorized under Virginia Code Section 2.2-3711(A)(28), the Town Council convene in a closed meeting to discuss and consider information provided to the Town by a private entity under the Public-Private Education Facilities and Infrastructure Act of 2002. The private entity, AQUA VIRGINIA, INC., submitted to the Town an unsolicited proposal to purchase the Town’s water and wastewater systems, which proposal is exempt from production under FOIA pursuant to Virginia Code Section 2.2-3705.6(11)(b).  The Town has determined that disclosure of the pricing and revenue information contained in AQUA’s proposal, prior to the execution of an interim agreement or a comprehensive agreement, would adversely affect the financial interest or bargaining position of the Town, and may therefore be discussed in a closed meeting.

 

The following are requested to attend the closed meeting:

  1. All Town Council members
  2. David Mekarski, Town Manager
  3. Sally Hankins, Town Attorney
(ROLL CALL VOTE)

 

 

AFTER CLOSED SESSION, MOTION TO CERTIFY THE CLOSED MEETING:

In accordance with Section §2.2-3712 of the Code of Virginia, I move that Town Council certify to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act; and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. (ROLL CALL VOTE)        *(adoption of a resolution is not required by the Code of Virginia)