THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, January 5, 1995 TAG: 9412310114
SECTION: NORFOLK COMPASS PAGE: 05 EDITION: FINAL
SOURCE: BY ALEX MARSHALL, STAFF WRITER
LENGTH: Medium: 57 lines
A city attorney has said it was OK for City Council to exclude the public from a discussion about Nauticus on Nov. 29 because it covered legal matters pertaining to the attraction.
But City Council members said they discussed the financial health of the attraction and one councilman says he doesn't recollect any legal discussions.
A Council vote after the closed-door session certified that only approved executive matters were discussed in the closed-door session.
And Councilman Randy Wright said last week that he could not recall any legal discussions during the meeting.
``There wasn't any legal matters that I have any recollection of,'' Wright said. ``It just dealt with what they were doing, what the attendance numbers were, how to get information on a timely basis. That was about it.''
Under the state open meeting laws, the council is generally only allowed to exclude the public from a meeting when it is discussing legal matters such as a possible or actual lawsuit, personnel matters such as the hiring or firing of employees, or the sale or purchase of property.
Three weeks after the Nov. 29 meeting, on a 4-3 vote, the council approved a new package of financial assistance for Nauticus after a public hearing. The provisions included an additional $5 million in city-backed loans and the right for Nauticus to apply its annual tax payments against its debt service.
The basic structure was consistent with the financial aid package council members said was discussed in the Nov. 29, closed-door session, which they said was outlined by Assistant City Manager Darlene L. Burcham.
Nauticus has cost more than $50 million. The city has provided the bulk of this in long-term loans and direct payments to prepare the site for the project.
Deputy City Attorney Nathaniel Beaman IV, in a Dec. 27 letter to The Virginian-Pilot, said the council's closed-door session was permitted because the discussion was about ``specific legal matters requiring the provision of legal advise by counsel.''
``There are a number of significant legal elements attendant to the complex Nauticus situation,'' Beaman said in the letter. ``The specifics, of course, are confidential.''
Wright said last week he supposed the council executive session was permitted because ``it was a monetary question. It was their need for money.''
Wright said he usually didn't question the rationale or a legal basis for closed-door sessions but left such decisions to City Attorney Philip R. Trapani, who attends council meetings.
KEYWORDS: NORFOLK CITY COUNCIL CLOSED MEETING NAUTICUS by CNB