May 25, 1965
<br />
<br /> 65-140 - "Pursuant to a memorandum of intent of December 8, 1964, between the Virginia
<br />StatePorts Authority, the Portsmouth Port and Industrial Commission, Commonwealth Metals Limited, and the City of
<br />Portsmouth, I recommend that I be authorized to negotiate with the Virginia State Ports Authority, Atlantic Coast
<br />Line Railroad Company, Southern Railroad Company, and any other interested parties for the acquisition of land for
<br />a right-of-way to construct an access road between the Virginia State Ports Authority property and property owned by
<br />the City of Portsmouth at Pinners Point.
<br /> This land is necessary to construct the road in order that the Virginia State Ports
<br />Authority property and the City of Portsmouth property can be connected bye roadway system to enable Fire and
<br />Police protection and for the handling of cargo for the pier facilities en Virginia State Ports Authority property
<br />and the proposed new pier facilities to be constructed on land presently owned by the City.
<br /> I furkeaer recommend tha~. if this property cannot be acquired by ~urchase, we be authorize~
<br />to proceed with condemnation proceedings in accordance with the S~ate law."
<br />
<br /> Motion of ~. Knight to concur in the recommendation of the City B'Ianager was adopted with-
<br />out dissenting vote.
<br />
<br /> 65-141 - '.'The matter of Mr. E. B. Williams, 454 Crawford Street, recently requesting from
<br /> City Council a rebate on his City business license concerns me to the extent that I feel the views of this office,
<br /> based on facts peculiar to his application for licenses should be better understood by all Council members, i
<br /> At the outset, I would remind you that our policy, in cases of this kind where a person I
<br /> desires to start a business but cannot, at the time, fully meet the expense of licenses, is given full consideration I
<br /> under the law fo procure the license without the additional assessment of a penalty, and in our experience, most i
<br /> of the business people have expressed a deep appreciation for such courtesy. This, obviously, was not the case with i
<br /> Mr. Williams. .
<br /> On or about February I, 1965, Mr. Williams applied for a State retail merchants license for!
<br /> a business at the Crawford Street address and estimated his gross sales for eleven months at $2,000. After procuringI
<br /> this State license application, he proceeded to avoid payment on the tax and instead posted the license anDlication,
<br /> in triplicate, on the Hall of his store. Shortly thereafter, this office received a complaint that the l~ense was
<br /> displayed without the usual endorsement made by the City Treasurer.
<br /> Our inspector, on February 26, made an investigation and found the u~paid license ~osted
<br /> and instructed Mr. Williams to remove the application immediately, and further advised him by written notice~ that
<br /> a City and State license must be procured within the next seven days.
<br /> In the interim, Mr. Williams consulted with the Commissioner of the Revenue and requested
<br /> this time limit be extended for an additional two weeks or until March 18. In recognition of his financial circum-
<br /> stances, b~. Turlington authorized this extension of time, but Mr. Williams did not purchase any license until April
<br /> 1, 1965. This was a State merchants license for $20.00 on which he paid an additional $2.00 penalty. Mr. Williams
<br /> at t~is time, requested that he be allowed to forego the 1964 City license requirement as his restaurant was open
<br /> only part time, and that his sales were at an unexpectable low.
<br /> Being desirous of assisting this person, in the establishment of his business, this office
<br />~am~d on a conditional basis, to extend the time period for getting a 1964 City license until April 30~ the
<br />1965 license being due and payable in the following month of ~y. This was provided, however, that he deposit by
<br />April 15, with the Commissioner of the Revenue, the amount of $50.00 to cover the cost of a minimum 1964 merchants
<br />license, but if the business was operating after May 1, the money would be applied toward his 1965 license rather
<br />than the 1964 license.
<br />
<br /> This being agreed upon, Mr. Williams, on the 15 of April delivered $50.00 to this office
<br />where it was held, by request until May 4, at which time a 1965 City license was prepared and issued.
<br /> In summary, and in view of the facts surrounding this case, this office takes the
<br />position that a rebate on Mr. William's license is wholly Onjustified, that he was actually in business intermitten~l~
<br />after May 1; and further, our generosity in trying to help this person in his financial dilemma, even beyond the
<br />limits of the law was evidently not appreciated by his unwarranted action of requesting Council for a tax refund.
<br /> I have enctosdd herewith a copy of ~. Williams State License by which you may note the
<br />starting date of his Crawford Street business as February. 4, 1965."
<br />
<br /> Motion of Mr. Knight to rescend action taken by the Council at its last regular meeting
<br />to refund Mr. Williams the amount of his City license was unanimously adopted.
<br />
<br /> 65-142 - "At the last meeting of the City Council, letters from the Wilson Ward Civic
<br />League and the Biltmore Baptist Church were received and referred to me for reply.
<br /> Attached hereto, for your information, are copies of letters forwarded to the interested
<br />parties concerning their requests."
<br />
<br /> (Attachments: 'In response to your letter of M~y 8, we have investigated your complaints.
<br />At present, we are investigating the pessibility of additional lighting on Elliott Avenue.
<br /> As to the appearance of the lot nex~ do~r, the congrete footings will be removed as soon
<br />as the Public Works Department's work load will allow."
<br />
<br /> In response to your March 12, letter requesting certain improvements in the ~ilson Ward
<br />area, we forward to you the following report:
<br />
<br /> 1. Curbs and gutters for the entire area are under consideration, but funds have not
<br />been appropriated for this fiscal year. We will kee~ this need in mind and take action as soon as money is
<br />available.
<br /> 2. The widening of Wall Street is not in progress.
<br /> $. It was requested that mercury lighting be installed in all areas. As of this date,
<br />Wilson Ward has more of this type lighting than any ~ther section of the City. We hone that the entire area will
<br />have this type of lighting within two years.
<br /> 4. The unsightly and unhealthful conditions mentioned at Maplewood Park Shopping Center
<br />have been ~eferred to Dr. ~ A. Graham, Director of Public Health, for investigation."
<br />
<br />On motion of Mr. Johnson, received as information.
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