|
On motion of Mr. Smith, received as information.
<br />
<br /> 68-249 - The following letter from L. Cleaves Manning was read;
<br />
<br /> "At the July 2Srd meeting of the Council of theCCitF ef Portsmouth, I shall appear with regard to a
<br />zoning matteracted upon favorably by the Planning Commism~on.
<br />
<br /> In addition, however, I should like to appear before the ceunc~l to spe~k briefly on the following two
<br />matters:
<br />
<br />1. A request to the City Council to take action toward amendment of the zoning ordinance insofar as
<br /> it prescribes those business activities which may b'e conducted in residential areas,
<br />
<br /> 2. A request to the City Cnuncil to cmeate a board or commission to study the charter of the City of
<br />Portsmouth with the view toward creation of a new city c-%arter.
<br />
<br />I ~ill appreciate your early advi~e on this matter."
<br />
<br />On motimn of Mr. Smith, rUles were suspended to hear Mr. Mannz'ng.
<br />
<br /> Mr. Manning spoke regarding the amendment to the zoning ordinance, the provision for those business
<br />activities which may be conducted in residential areas. He discussed the status of a beautician conducting
<br />business in her home.
<br />
<br /> Motion of Mr. Johnson that the City Attorney look into this matter immediately, as well as the entire
<br />zoning ordinance, and to bring a report to the Council on the reidrafting of the entire ordinance, was adopted
<br />without dissenting vote.
<br /> to amend the motion to read:
<br /> Motion of Mr. Smith/that a joint public heating, with the P~anning Commission, be held, on this matter,
<br />at the next Council meeting on August 15th, 1968~ was adopted, without dissenting Vote. vote being taken, Mr. Johnson's motion was adopted, without dissenting vote.
<br /> 68-249 - Mr. Manning spoke on his request to create a board or commission to study the Charter of the
<br />City.
<br />
<br /> Motion of Mr. Johnson that the City Attorney be requested to set up plans for the creation of a Charter
<br />Study Commission, to be composed of not less than five nor more than nine members, to be appointed by the
<br />City Council, was adopted, without dissening vote.
<br />
<br /> 68-250 - Report on audit of the office of Clerk of Circuit Court, made by the Auditor of P~lic AccountS,
<br />was p~esented, and on motion of Mr. Smith was received as information.
<br />
<br />68-251 - The following letter from Claud D. Atwood was read:
<br />
<br /> "Since becomingaware of the fact that only nine of twenty-three candidates in the recent general
<br />election for Portsmouth City Coancil have filed statements and oaths in accordance with Section 24-442
<br />and 24-445 of the Virginia Election Laws, and that those not complying are guiity of a misdemeanor
<br />according to Section 24-445, there are two other sections of t~e law that raise serious questions which
<br />need to be answered.
<br />
<br /> In light of the fact that one of the candidates who has not filed a statement and oath is our elected
<br />Mayor, certain questions arise based on the following sections of the law:
<br />
<br />Section 24-444. "No officer or board authorized by law to issue commissions or certificates of
<br />election shall issue any such certificate or commission to any sugh person until statement and oath
<br />shall hav~ been made, verified and filed by such persons with such officer or boarfl."
<br />
<br />e
<br />
<br />Section 24-446. "No person shall enter upon the duties of any elective office until he shall have
<br />filed the statement, oath, and duplicate provided for in this Chapter, nor shall be receive any
<br />salary or any emolument for any period prior to the filing of the same."
<br />
<br />S~se~ on the aforementioned sections of the law, the following questions arise:
<br />
<br />1. Was it legal to give oaths of office to Mr. Bamnes, Mr. Turner, Mr. Smith and Dr. Holley prior
<br /> to their filing the statement and oath?
<br />
<br />2. Were the votes of Mr. Barnes, Mr. Turner, Mr. Smith and Dr. Molley on issues prior to their filing
<br /> the statement and oath valid or void?
<br />
<br />3. Were sessions conducted by Mr. Bamnes as Mayor valid or void?
<br />
<br />After Mr. Barnes files his statement will he, together with Mr. Turner, Mr. Smith and Dr. Holley,
<br />have to retake the oath of office and will all issues they voted on have to be resubmitted for
<br />vote?
<br />
<br />S. Are Mr. B~mnes, Mr. Turner, Mr. Smith and Dr. Holley entitled to salary for the period prior to
<br /> filing the statement and oath?
<br />
<br />6. Has the city studied the legal implications on issues passed since July 1, 1968 as the effects
<br /> of non-compliance with Virginia's election laws by incoming councilmen?
<br />
<br /> Gentlemen, these are a few of the questions which I feel should be answered prior to conducting further
<br />business of the city. I do not wish to embarrass or criticize 'any individual by asking these questions.
<br />However, I believe for the welfare of the city that necessary corrective actions must be initiated to ellminats
<br />future complications.
<br />
<br />I, together with many concerned citiezens, look forward to hearing the answers to the submitted questions.'
<br />
<br />
<br />
|