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244 <br /> <br />where discussion in open session would adversely affect the negotiating strategy of the <br />City, all as authorized by Section 2.2-3711(A)(3) of the Virginia Code. <br /> <br /> Council reconvened in open session and, on motion by Ms. Richards, seconded by <br />Mr. Cox, approved the following certification of closed meeting by the following vote. <br />Ayes: Mr. Caravati, Mr. Cox, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: None. <br /> <br /> WHEREAS, the City Council has convened a closed meeting on this date <br />pursuant to an affirmative recorde3 vote and in accordance with the provisions of the <br />Virginia Freedom of Information Act; and <br /> <br /> WHEREAS, Section 2.2-3711 of the Code of Virginia requires a certification by <br />the Council that such closed meeting was conducted in conformity with Virginia law; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council hereby <br />certifies that, to the best of each member's knowledge, (i) only public business matters <br />lawfully exempted from open meeting requirements by Virginia law were discussed in <br />the closed meeting to which this certification resolution applies, and (ii) only such public <br />business matters as were identified in the motion convening the closed meeting were <br />heard, discussed or considered by the Comacil. <br /> <br />RESOLUTION: AMENDING AND APPROVING CITY MANAGER'S CONTRACT <br /> <br /> On motion by Mr. Toscano, seconded by Ms. Richards, the resolution Amending <br />and Approving the City Manager's Contract was approved by the following vote. Ayes: <br />Mr. Caravati, Mr. Cox, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: None. <br /> <br /> BE IT RESOLVED that the existing Employment Agreement between the <br />City and City Manager Gary O'Connell, dated July 1, 2000, be amended as <br />follows: <br /> 1. Section 2 of the Agreement entitled "Initial Term and Renewals" is <br />amended to state as follows: <br /> <br />A. The term of this Agreement shall be from November 1, 2001 to <br />October 31, 2006, unless sooner terminated by either party in accord <br />with provisions of this agreement. <br /> <br />B. This agreement may be renewed for an additional term beginning <br />November 1, 2006 by mutual written agreement of the parties. In <br />the event that Council decides not to renew, the agreement shall <br />expire as of October 31, 2006 and the City shall be obligated for the <br />payment on non-renewal described in Section 7(A) below. <br /> <br /> 2. Section 6 of the Agreement entitled "Salary" is amended to increase the <br />base annual salary of the Manager by 7.5%, effective July 1, 2001. <br /> <br /> 3. Section 7 (A) and (B) of the Agreement entitled "Payments on Non- <br />Renewal and Termination" is amended to state as follows: <br /> <br />A. Non-renewal. In the event City Council shall elect not to renew <br />this agreement at the end of the contract term (October 31, 2006), it <br />shall so advise the Manager in writing at least one (1) year before <br />that date, and the Manager shall be entitled to receive his then <br />current compensation and all benefits through October 31, 2006. In <br />addition, beginning November 1, 2006, the Council shall also <br />continue Manager's salary and benefits on the same terms as those <br />existed during the preceding contract year for each of the next six (6) <br />months; provided, however, that such non-renewal payments and <br />benefits shall cease at any time during said six month period that <br /> <br /> <br />