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Minutes 01/22/1963
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Minutes 01/22/1963
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City Council
City Council - Type
Adopted Minutes
City Council - Date
1/22/1963
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Jam~ ~2nd, ]9S3 <br /> <br />If I can be of any service in the f~ture, please do not hesitate co call on me." <br /> <br /> Motion of Mr. Knight that the resignation be accepted with regrets and acknowledgment <br />with thanks for Mr. Russell's services on the School Board, and that the matter of the election of his successor <br />be referred to a conference of the Council, was adopted without dissenting ~ote. <br /> <br />63-18 - The following communication from the Chamber of Commerce was read: <br /> <br /> "In a.je~rer dated September 1t, 1962, the Chamber of Commerce-recommended that the <br />Minimum Sousing Code of the City o! Portsmouth be amended ~o cope with those problems that cause blight and <br />deterioration and that the amended code be strickly enforced. <br /> The Public Affairs Con~ittee of the Chamber of Commerce, together with representatives <br />from the various civic leagues, reviewed the proposed new housing code with the City Planner and Director of <br />Public Health. Two meetings were held by the Executive Committee of the Board of Directors and the above <br />mentioned officials at which time the proposed housing code was reviewed. Both the Public Affairs Committee and <br />the Executive Committee voted unanimously in favor of the new proposed housing cede. <br /> The Chamber of Conmlerce urgently recommends the early approval and implementation of the <br />new Minimum Housing Code as proposed by the City Planning Commission." <br /> <br /> Motion of Mr. Eastes that the letter be received and acknowledged with thanks, was <br />adopted, without dissenting vote. <br /> <br />63-19 - The following communication from the Chamber of Commerce was read: <br /> <br /> "The Education Committee 'of the.Chamber' of ,Commerce has been studying the need for a <br />Vocational-Technical school in Portsmouth. Representatives from this committee appeared before the State <br />Committee on Vocational Education. A copy of the presentation ro this Committee is enclosed. <br /> It~is apparen5 to the Chamber that a Vocations'l-Technical school is aeeded now to provide <br />technic.ally trained people for our growing industry as well as to provid~ technical training 5o our young people <br />to permit them ~o take their proper place in industry. In a recen5 meeting the Executive Committee of the Board <br />of Directors voted unanimously in favor of establishing such a school in the Portsmouth area. <br /> The Chamber of Commerce urgently reqaests the City Cduhc~l ro initiate a study for the <br />establishment of s Vocational-Technical school in the Portsmouth area at the earliest practicable date." <br /> <br /> Motion of Mr. Dillon that the letter he received and acknowledged, and that the ma~ter <br />be referred mo the City M~n~ge~ for consideration, was adopted, without dissenting vote. <br /> <br /> 63-20 - A reques~ from the Commissioner of Revenue for a refund in the amoun~ of $10.45 <br />ro Ben Davi~, for erroneous assessment of personal property, was presented and on motion of Mr. Dillon, approved <br />on first reading, without dissenting vote. <br /> <br /> 63-21 - The following communication from the West Side Civic. League was read: <br /> <br /> "It is the opinion of this league that your honorable body again violated Chapter 3 <br />Section 19 of the City Charter by appointing a member of Council, Mayor R. Irvine Smith, mo be on the Southeastern <br />Regional Commission. <br /> We call your attention to Atsorne~ General Robert Y. Button's opinion dated September 10, <br />1962, which stares in parr: ~9 member of the Council shall be ~igible, during his tenure of office as such <br />member, or for one yenr~ thereafter, ro any office to be filled' by the council, by election or by appointment." <br />Acts-of Assembly of 1908, Chap. t57, Sec. 19. <br /> "~his section of the City Charter alone, without regard to other.provisions of law, in. my <br />opinmon~ wou~d prevent a member of council of the Cit~ of Portsmouth from serving as a member of the Tidewater <br />Airport Commission under an election as such by the council of which he is a member." <br /> I~ ~s felt that this appointment of Mayor Smith to the Southeastern regional Commission <br />parallels the appointment that Attorney Genera] Button has already rendered an opinion on. <br /> Since such appointments are in violation of the City Charter:it would seem that no <br />member of council should hold or accep~ an appointment knowing it is in violation. <br /> This league is of the opinion that there are ~a~y qualified citizens who are not connected <br />with the municipal government who could serve on this Commission." <br /> <br /> In this~-connection the Mayor read the following s~atement, which he requested be included <br />in the minutes: <br /> "Without objection, I request the personal privilege of having the following statement <br />spread upon the minutes of this meeting: <br /> The letter of January 16, 1963, from Mr. Louis H. Keller, Corresponding Secretary of West <br />Side Civic League~ does not come as-a surprise. The.question of Portsmouth City Council electing or appointing <br />one of its members to an office has been an on and off political issue for ma~y ~ears. <br /> I am not unmindful of the opinion of the Attorney General referred to by Mr. Keller. I <br />have the greatest respect fo~ ~. Button, having served on the local committee working for his election. However, <br />his rulings are nor law. Attorneys general and even judges from time ro time form erroneous opinions. I <br />accepted the election to the Southeastern Regional Planning ~ommlssion with the hope that Mr. Keller's group <br />would challenge the validity of my election. This is an issue~of great importance throughout the State and I <br />w~nr ~o help settle it.fi~a$!~ and completely, one wa]- or the other. The issue is hot whether I am ro serve on <br />the Cqmmission, but w~e~ the services of many councilme~_~hroughout the State will be denied to such groups <br />as SoutheasEern Regional Planning Commission. <br /> I am np~ the only city councilman serving, on this Commission. The records of this <br />council will show that my predecessor in the office of Mayor was elected or appointed by this council 5o a~ <br />least three offices while he was Msyor~ yet, Mr. Keller's eb~ections were no~ heard on those occasions. <br /> If Mr. Keller and his group are really, desirous of rendering public service, they will <br />take this issue before the only forum with the power and duty~to settle it-namely-a eourt of law. The 0nly way <br />I could raise the issue was to accept the election and await their pleasure. May the right side prevail, and the <br />losing side console itself by knoP~ing that future argumen5 on this subject will nor .be necessary." <br /> <br /> Motion of Mr. Knight that the letter be recorded and received as information, was adopted, <br />without dissenting vote. <br /> <br /> <br />
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