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Home My WebLink AboutJULY 12, 2000 MINUTESCity of Virginia Bctach "COMMUNITY FOR A UFETIME" CITY COUNCIl. MA YOR MEYERA E. OBERNDORE. At I.argc ITCE MA YOR WILLIAM D SI:SSOMS. JR.. At-l.argc LINWOOD O. BRAN(TI HI. Dt~lrt{ I 6 Bra~ h MARGARET L. ~ t,'RE. Di~trt~ ttlI.LIAM ~. IIARRISON. JR.. HAROLD HEIS('IIOBER. At-Latg~ BARBARA M. tlENLEY. Di.~,u I 7-P~m r~ Anne' LObI5 R. JONES. D~tru REBA S. ,~f~ ('I-4NAN. Dt.~trl~ NAN('} K. PARKER, At Lorgc A.M (DONJ WEEKS. Di~lri~ t JAMES K. SPORE. ('try Ma.agcr LESLIE L. LII.I.EY. (1~1~ Att,,rnrv RUTI! ItOD(;E$ SMITIt. ('M(TAAE. ('i~v ¢'h ~k CITY tIALL BUILDING I 2401 COURTIIOI;$E DR/VI: VIRGI.¥1A Bk~4Cll. VIRGINIA 25456 900¢ PIIONE: (757~427.41tLi (757)426 g669 liMAII. (qY¢'N('I.(o~(TI'Y.VIR(;INIA BE:\¢'II VA.I?i SPECIAL FORMAL SESSION CONFERENCE ROOM January 12, 2000 3:00 PM I. CALL TO ORDER - Mayor Meyera E. Oberndorf II. READING OF MAYOR'S CALL TO SPECIAL SESSION III. ROLL CALL OF CITY COUNCIL IV APPOINTMENT TO FILL THE AT-LARGE VACANCY (CREATED BY THE RESIGNATION OF COUNCIL MEMBER HAROLD HEISCHOBER EFFECTIVE 1 JANUARY 2000) V. ADJOURNMENT VERBATIM EXCERPT - SPECIAL SESSION - Appointment of John A. Baum to fill the At- Large vacancy. MAYOR OBERNDORF: I would like to call this Meeting to order and read the call that we have written to each of you and to the press. In accordance with the City Charter Section 3.06 the City Code Section 2-21 and by the authority vested in me as Mayor of the City, I hereby call a Special Session of the Virginia Beach City Council on Wednesday January the 12th, 2000, at 3:00 p.m. in the City Council Conference Room, City Hall Building, for the purpose of considering the appointment to fill the At-Large vacancy on the Virginia Beach City Council created by the resignation of Harold Heischober, effective 1 January 2000; and it is signed by me. That's the reason for the Me~ting and I will now look to the Council to see if they need to go into Closed Session or if we are ready to move on. COUNCILMAN JONES: Madam Mayor, I believe we discussed this in Executive (Closed) Session previously. It was my impression that the Council does have some collective position on what they want to do. If I may, Your Honor, I will just speak up. MAYOR OBERNDORF: Surely. I would appreciate it, Mr. Jones. COUNCILMAN JONES: Thank you. The collective wisdom of Council that I gleamed from the previous Executive (Closed) Sessions that we've held in regard to this matter has been that, because of the fact that we are moving into the Budget process and that we have a need to have somebody appointed to the vacant seat that has the ability as well as the experience to jump immediately into the Budget process without having to go through a, training period, because of the fact that the Council, as I gleamed, would like to have somebody appointed to this particular position who has in the past been able to have the support of the community At-Large, I feel that the nomination of John Baum to fill the seat vacated by Councilman Heischober would be probably the most appropriate nomination that we could make. I think we are all grateful for the fact that so many other people have expressed an interest in serving on City Council and certainly many of those people are qualified to serve on Virginia Beach City Council. But, there is nobody that has the experience and the ability to move immediately into this seat that Mr. Baum has. For that reason, I would like to place his name in nomination. MAYOR OBERNDORF: Mr. City Attorney, do we need a second for that motion? CITY ATTORNEY: to consider in that regard. No, ma'am. Madam Mayor, in anticipation I've prepared a proposed Ordinance I would like to pass out to Council for Council MAYOR OBERNDORF: Please. I think while we are waiting for the Ordinances to be passed around, it should also be noted that fortunately there is an Election in May where the public will have the opportunity to choose for themselves among the various people who have offered themselves for Public Office. Mr. Baum will not be running in the May Election. He will serve the City and then move onto other things when the person is elected by the Public. Mr. Harrison. COUNCILMAN HARRISON: Mr. Lilley, Mr. Baum is a City Member of the Planning Commission. Will he have to give that seat up in order to take on his appointed duties as a Member of the Virginia Beach City Council? CITY ATTORNEY Mr. Harrison, around. It should also be noted that fortunately there is an the State Code permits one Member of the City Council to be also a member of the Planning Commission. So, at the Council's pleasure he would be able to continue his role as a Planning Commissioner and to sit on the City Council. I have learned and I did not know this, but I have learned that Mr. Baum is also a member of the Wetlands Board, and the provisions of our Code would require him to resign from the Wetlands Board. But to answer your question specifically, he would be able to continue as a member of the Planning Commission and as a Member of the City Council. COUNCILMAN HARRISON: Madam. Mayor, it would be my position that we adopt the stance encouraging Mr. Baum remain on the Planning Commission during this interim period of time. I think he has been a valuable servant on the Planning Commission and I would not like to lose his service by virtue of him stepping into this role for the next five months. MAYOR OBERNDORF: the motion? Okay. Have you looked over this Ordinance and are you comfortable with it? Okay. Mr. Jones, do you want to make COUNCILMAN JONES: I move approval of the Ordinance. COUNCILMAN HARRISON: MAYOR OBERNDORF: Second. Motion by Mr. Jones seconded by Mr. Harrison. Anymore discussion? If not, Mrs. Smith, will you call the role. CITY CLERK: Mr. Branch. COUNCILMAN BRANCH: Aye. CITY CLERK: Mrs. Eure. COUNCIL LADY EURE: CITY CLERK: Mr. Harrison. COUNCILMAN HARRISON: CITY CLERK: COUNCIL LADY HENLEY: CITY CLERK: COUNCILMAN JONES: CITY CLERK: Mrs. Henley. Aye. Mr. Jones. Aye. Mrs. McClanan. COUNCIL LADY McCLANAN: Aye. CITY CLERK: Mrs. Parker. COUNCIL LADY PARKER: Aye. CITY CLERK: Mr. Sessoms - - He's absent because of his bank business. Mr. Weeks. COUNCILMAN WEEKS: Aye. CITY CLERK: Mayor Oberndorf. MAYOR OBERNDORF: Aye. CITY CLERK: The vote is 9 to 0. MAYOR OBERNDORF: Although Mr. Sessoms is in North Carolina on Bank Business, he has sent through the City Clerk a letter that simply reads: Due to a banking business commitment, I am out of the City and will not be, Wednesday, January 12th, Year 2000. Please note that the selection of former Council Member John A. Baum to fill the interim At-Large position on the City Council through June 30th, 2000, meets the criteria of this Body and represents my choice of candida te. Respectfully yours, Will Sessoms. So I wanted that to be part of the record. And, certainly, we can let Mr. Baum know that we do encourage him to stay on the Planning Commission until his tenure on Council. Does anybody have anything else to say? If not, I will call this Special Meeting adjourned. (Whereupon, the Special Meeting was adjourned at 3:10 p.m.) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 12, 2000 Mayor Meyera E. Oberndorf called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 12, 2000, at 3:00 P.M. in the City Council Conference Room, City Hall Building, for the APPOINTMENT TO FILL THE AT-LARGE VACANCY. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. [OUT OF THE CITY ON BANK BUSINESS] Item L ITEM # 46163 The Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Wednesday, January 12, 2000, at 3:00 P.M. in the City Council Conference Room, City Hall Building for the purpose of considering the appointment to fill the At-Large vacancy on the Virginia Beach City Council created by the resignation of Harold Heischober effective 1 January 2000. Sincerely, s/Meyera E. Oberndorf Mayor" January 12, 2000 ¢~yofVirginia Bcach MEYERA E. OBERNDORF MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5699 January 11, 2000 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Wednesday, January 12, 2000, at 3:00 P.M. in the City Council Conference Room, City Hall Building for the purpose of considering the appointment to fill the At-Large vacancy on the Virginia Beach City Council created by the resignation of Harold Heischober effective 1 January 2000. MEO~h Sincerely, Meyera E. Oberndorf Mayor CC: James K. Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Smith, CMC/AAE, City Clerk Director of Public Information Video Services Rem I~ APPOINTMENT TO FILL THE AT-LARGE VACANCY ITEM # 46164 Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED: Ordinance appointing John A. Baum as an At-Large Member of City Council to fill the unexpired Term of Former Council Member Harold Heischober, effective immediately. Councilman Jones NOMINATED John A. Baum as an At-Large Member of City Council The collective wisdom of City Council, through previous Executive Sessions has been the appointee should be one who has the ability and experience, without training, to be an active participant in the budgetary process and who has, in the past, had the support of the community. Councilman Jones believed the nomination of John Baum to fill the seat, vacated by Councilman Harold Heischober, would probably be the most appropriate nomination to be made. The City Council is grateful that so many otherpeople have been interested and are qualified to serve on City Council. However, there is no one who has the experience and ability to move immediately into this seat as John Baum. The City Attorney distributed the proposed Ordinance. Mayor Oberndorf advised John Baum will not be a candidate in the May Councilmanic Election The City Attorney advised the State Code permits one Member of the City Council to also be a Member of the Planning Commission; therefore, John Baum would be able to continue his role as a Planning Commissioner. However, as he is also a Member of the Wetlands Board and the provisions of the Code require him to resign from the Wetlands Board. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. January 12, 2000 1 2 3 4 5 AN ORDINANCE APPOINTING JOHN A. BAUM AS AN AT-LARGE MEMBER OF CITY COUNCIL TO FILL THE UNEXPIRED PORTION OF THE TERM OF FORMER COUNCILMEMBER HAROLD HEISCHOBER 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, by letter to the Mayor and members of City Council, dated December 31, 1999, Councilmember Harold Heischober resigned from City Council, effective January 1, 2000; WHEREAS, § 3.03 of the City Charter provides, in pertinent part, that "[v]acancies in the office of councilmen ... shall be filled within sixty days for the unexpired portion of the term by a majority vote of the remaining members of the council ..."; and WHEREAS, former Councilmember Heischober's term of office as at-large member of City Council would have expired on June 30, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That John A. Baum is hereby appointed as an at-large member of City Council to fill the unexpired portion of former Councilmember Harold Heischober's term. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January , 2000. 24 25 26 27 28 CA-7581 ORDIN~NONCODE~JOHN BAUM.ORD R2 JANUARY 12, 2000 -4- Item V. ITEM # 46165 Mayor Oberndorf read into the record the letter of Vice Mayor William D. Sessoms, Jr..' "HONORABLE MAYOR MEMBERS OF CITY COUNCIL Due to a banking business commitment, lam out of the City and will not be available to attend a SPECIAL SESSION of the Virginia Beach City Council scheduled for 3.'00 P.M., Wednesday, danuary 12, 2000. Please note that your selection of former Council Member dohn A. Baum to fill the interim At-Large position on the City Council through dune 30, 2000, meets the criteria of this body and represents my choice of candidate. Respectfully yours, s/William D. Sessoms, ,Ir. Vice Mayor" January 12, 2000 -5- Item V! ADJOURNMENT ITEM # 46166 Mayor Meyera E. Oberndorf DECLARED the City Council SPECIAL SESSION ADJOURNED at 3:10 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January l2, 2000