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M~rch 1 ~. 1 <br /> <br /> "On August 9, 1983, the City Council of Portsmouth became the first local governing body <br />in Virginia to adopt an ordinance regulating imitation controlled substances. The ordinance <br />adopted on that date made it unlawful for any person to sell, give, or otherwise distribute <br />an imitation controlled substance to any person under the age of 18 years of age. It became <br />a model for local governin~g bodies throughout the Commonwealth. In November 1983, the City <br />Council of Hampton adopted a similar ordinance prohibiting sales to people under 18 years of <br />age, but added a paragraph requiring the owner or proprietor of any establishment which has <br />gross sales of such drugs exceeding seventy-five percent of its total gross sales to employ~a <br />registered pharmacist, on the premises, during business hours. Subsequent to its adoption, <br />the validity of that ordinance was challenged in the Circuit Court of thei~City of Hampton, <br />Virginia, which Court recently upheld its validity. <br /> <br /> In view of the Hampton Circuit Court upholding the validity of this requirement, I recom- <br />mend the adoption of a similar provision to be included in the Portsmouth City Code. The City <br />Attorney has prepared the necessary amendment which is attached for action, and I recommend <br />its adoption. <br /> <br /> The City Attorney also advised that further regulation regarding~hese items is being <br />considered by the General Assembly of Virginia, and based upon the action taken by that body, <br />further amendments to these regulations may be in order subsequent to the effective date of <br />the General Assembly action." <br /> <br /> On motion of Mr. Gray and seconded by Mr. Beamer, the following ordinance was <br />first and final reading, and by the following vote: <br /> <br />"AN ORDINANCE TO AMEND ARTICLE 2 OF CHAPTER 21 OF THE CODE OF THE THE CITY <br />OF PORTSMOUTH, 1973, AS AMENDED, BY ADDING THERETO ~21~18.3 PERTAINING TO <br />PROPRIETARY MEDICINES AND IMITATION CONTROLLED SUBSTANCES." <br /> <br />Ayes: Barnes, Beamer, Gray, Holley, ~ebb, Whitlow, Johansen <br />Nays: None <br /> <br />adopted on <br /> <br /> 84-88 - Letter from the City Manager recommending adoption of a resolution ratifying the <br />authorizations previously made for the City to apply to the Environmental Protection Agency <br />for Federal Funds to construct Waste water treatment facilities. <br /> <br /> "With the appointment of Jim Spacek as Director of Public Utilities it is necessary to <br />amend the signature authorizations for Federal Grant ~equests (EPA) for the construction of <br />waste water treatment facilities. <br /> <br /> The attached resolution would amend the previous authorization by deleting Jack Howell's <br />name and substituting Jim Spacek." <br /> <br /> On motion of Mr. Whitlow and seconded by Mrs. Webb, the following resolution was adopted, <br />and by the following vote: <br /> <br /> "A RESOLUTION RATIFYING THE AUTHORIZATIONS PREVIOUSLY MADE FOR THE CITY TO APPLY <br /> TO ~HE, ENYfRONMENTAL PROTECTION AGENCY FOR FEDERAL FUNDS TO CONSTRUCT WASTE WATER <br /> TREATMENT FACILITIES; AUTHORIZING THE CITY MANAGER AND DIRECTOR OF PUBLIC UTILITIES <br /> TO DO WHATEVER IS NECESSARY TO APPLY FOR SUCH GRANT. <br /> <br /> WHEREAS, the Council of the City of Portsmouth has previously authorized its City Manager <br />and Director of Public Utilities to sign an application for federal funds for the construction <br />of waste water treatment facilities; and <br /> <br /> WHEREAS, James R. Spacek has recently been appointed Director of Public Utilities for the <br />City of Portsmouth in accordance with Section 38-2 of the Code of the City of Portsmouth, 1973 <br />as amended. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that <br />Council ratifies the authorizations previously made for the City to apply to the Environmental <br />Protection Agency for federal funds to construct waste water treatment facilities. <br /> <br /> BE IT FURTHER RESOLVED that George L. Hanbury, City Manager, and James R. Spacek, Directo~ <br />of Public Utilities, are authorized to complete all transactions and execute all documents <br />incident to applying for federal grants for the construction of waste water treatment faciliti~ <br /> <br />Ayes: Barnes, Beamer, Gray, Holley, Webb, Whitlow, Johansen <br />Nays: None <br /> <br /> 84-89 - Letter from the City Manager recommending adoption of a resolution authorizing <br />the filing of an application to the Virginia Division of Parks and Recreation for improvements <br />to Portsmouth City Park. <br /> <br /> "From recent work sessions that I have had with City Council, concerning the proposed <br />reconstruction of City Park, I believe it was generally agreed that with proper planning City <br />Park could be not only a pleasingly aesthetic asset for the citizens but an~economic asset for <br />the taxpayers as well. <br /> <br /> In recent months the recreation consulting firm of W±lson-Moreth Partnership, Ltd., has <br />made several alternate proposals. The proposal that seems to be within our financial capabili- <br />ties utilizes existing City Park Avenue as the main point of ingress and egress. In order to <br />proceed with development of construction drawings and plans which would ultimately be approved <br />by City Council, I would like to make application for two(2) Grants. <br /> <br /> <br />