Minutes 01/14/1958 - Laserfiche WebLink

Home Browse Search

the Second District of Virginia, requesting them re: (1) Make effective a bill, similar to the one passed for New York Harbor, for the regulation'and prevention~of'water pollution for the Port of Hamp- ~on Roads with the necessary appropriations and designating the Corps of Engineers, USA as the enforcement agency. (2) Provide additional funds and personnel to the U.S. Coast Guard ~o enable it to co-ordinate the operations of launch, air patrol and shore inspections in visiting water front industrial plants, oil refineries and similar installations, and provide air patrols for the review of vessels ar sea ~o insure compliance with Federal statutes both ashore and in open waters within the jurisdictional limits of the United States. (S) Appropriate sufficientfunds and authorize additional personnel ~o p~ovide adequate legal personnel re the Office of the U.S. District Attorney to assure proper prosecution and punishment of violations of the statutes regarding pollution, And that a copy of this resolution be spread upon lthe minutes of this meeting." On ~otion of Mr. Scott, said resolution was adopted. 58-10 - "I am reporting that the City Attorney has submitted a report in writing, copy of which you-have received, concerning the matters discussed at the recent Council conference on legislatinn." "At the special meeting of Council held on December 31, I957~ you requested my comments for charter changes attached to Mrs. Barnabas W. Baker's letter of that on and analysis of certain suggestions date. Mrs. Baker's proposals are discussed herein seratim. AMENDING CHAPTER I, Section 2 re increase maximum number of words ro fifteen. amendment; Council has already requested the local legislative delegation ~o sponsor such an therefore, no f~rther comment is necessary. Amending Chapter II, Section 3, and repealing Chapter VII, Section 76, ~o make it u~awful for Council to fix its own salaries. It is my pnderstandi~g that the s~bject of councilmanic salaries has had considerable discussion and that Senator William B. Spong, Jr. is prepared to introduce legislation in line with the expres- sed wishes of Council. Enacting Chapter Iii, Secti0~ 23-e to provide for toll roads within the City. It should be noted that the S~are Highway Department will nor participate in the cost of constructing or maintainiag a toll road; therefore, federal funds li-kewise can not be made available. Chapter 438 of the Acts of Assembly of 1956 reserved unto the Genera~ Assembly the power ~o grant political subdivisions the right re operate toll roads but re accomplish this would ~ require a more detailed ac~ than'the two paragraphs proposed by Mrs. Baker, especially if a bond issue i~ contemplated. The designation of Chapter III Section 23-e" should not be used as it has been assigned to the charter provision concerning the Planning Com - mission. See Acts of Assembly, 1954, Chapter 78, page 91. Amending Chapter XIV, Section 1 with respect qualifications of City Manager. The terminal sentence of Section 15-487 of the Code of Virginia (referred re by Mrs. Baker as Title lO-Section 847) reads as follows: 'Every city and town officer except members of the police and fire departments and town attorney shall, at the time of his election or appointment, have resided one year nex~* preceding his election or appointment in such city or ~own unless otherwise specifically provided by charter.' The basic portion of this sentence was enacted in 1903. See Acts of Assembly, 1902-4 Chapter 418, page 655. Upon codificaiion of the various ordinances of the City of Portsmouth into-the Munici- pal Code of 1914, SectiQn 120 thereof provided as follows: 'Ne person not a resident of the City shall be appointed re any city office; and if any officer appointed by the Council shall remove from the City, bls office shall be thereby vacated.' However, ~n 1920, Sention 32 of the Constitution of Virginia was amended so that persons appointed ~o fill municipal positions requiring special technical or professional training and experienc were exempted from all residential and voting requirements. By further amendment in 1928, the exemption wax extended to similar positions in the State and County governments. As now worded, the pertinent parr of Section 32 reads as follows: 'Every person qualified to yore shall be eligible to any office of the State, or in any county, city, town or Othe~r subdivision of the State, wherein he resides, except as otherwise provided in this Constitution, and except that this provision as to residence shall no~ apply to any office elective by the people where the law provides otherwise; and except, further, that the requi,~emenr of this section ~s to residence and vofing qualifications-shall not apply to the appointment of persons to fill positions or posts3/-equiring special technical or professional training and experience.'