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Minutes 01/27/2009
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Minutes 01/27/2009
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<br />January 27.2009 <br /> <br />(j) Taxes and fees associated with the property shall be paid when due. <br /> <br />3. EXPIRATION OF PERMIT: Unless extended as provided under Section <br />40-115 of the Code of the City of Portsmouth, Virginia (2006), the housing use permit <br />shall expire for any portion of the approved project for which building permits have not <br />been issued if the applicant fails to apply for all building permits for the entire project <br />within two years of the adoption of this resolution. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the permit by the City Council." <br /> <br />Ayes: Heretick, Psi mas, Randall, D. Smith, Whitehurst, Holley <br />Nays: None <br /> <br />'" Mr. Whitehurst read the following statement: <br /> <br />"I awoke this morning and retrieved my morning newspaper and therein read an article <br />where the Virginian-Pilot now states contact was made with the Commonwealths <br />Attorney who now indicates I am free to vote on the matter before this Council tonight <br />dealing with the construction of a Hotel and a companion project to build a conference <br />center in the Victory area of this City. <br /> <br />The newspaper focused on the fact that I am no longer an investor in the Conference <br />Center (and never have been an investor in the hotel project) therefore, I no longer have <br />a perceived conflict of interest and can vote; yet tucked within the text of the news <br />article the reporter brings out the fact that Senator Lucas, as a personal friend and <br />supporter, made a personal $10,000 contribution to my May 2008 political campaign <br />that was immediately reported as required by law. <br /> <br />Previously, the Virginian-pilot editorial board gave significant newsprint concerning the <br />$10,000 contribution and less on the $2500 investment indicating the personal <br />relationship with Senator Lucas and the political contribution did not pass the "smell <br />test" and it was that reason I obtained a legal opinion from the City Attorney and later <br />the Commonwealths Attorney. <br /> <br />My personal investment has been curtailed but the receipt of $10,000 that went into my <br />political campaign cannot be reversed. Earlier, the Pilot gave rise to a suggestion that <br />my vote was somehow purchased. The "smell test" suggestion is still in play, therefore I <br />continue to recuse myself and will not vote on this matter." <br /> <br />Motion by Mr. Heretick, and seconded by Ms. Psi mas, to amend the agenda as <br />follows: <br /> <br />First, that the resolutions on bonds for the Victory Conference Center Hotel and the <br />Victory Conference Center, which are items 09-24 and 09-25, be moved back on the <br />agenda so they are at the conclusion of "City Manager's Report" items, and thus the last <br />item on the regular business agenda. <br /> <br />**Second, that a new resolution dealing with the privatization of Southeastern Public <br />Service Authority (SPSA) be added to the agenda, to be voted on immediately after item <br />09-62, which deals with a proposed SPSA rate increase, and was adopted by the <br />following vote: <br /> <br />Ayes: Heretick, Psi mas, Randall, D. Smith, Holley <br />Nays: None <br />Abstain: Whitehurst <br />
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