Minutes 09/27/1983 - Laserfiche WebLink

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September 27, 1983 In addition, the Portsmouth Police Department has requested that the City Code be amended to clarify the regulation of the discharging of firearms within the City. Section 15.1-865 provides, in pertinent part, that the local governing body may regulate the discharge of firearms. At the current time, the controlling City ordinance only prohibits the discharge of firearms in the street or business, or public gathering. The amendment to 921-37 will prohibit the willful discharging of any firearm within the City limits unless otherwise found justifiable or excusable in the protection of life or property. I, therefore, recommend the adoption of such ordinance as well Motion of Mrs. Webb and secondded by Mr. Barnes, to adopt the ordinance. Substitute motion of Mr. Holley and seconded by Mr. ~gnitlow, to adopt only Section 21-127.1, and the ordi- nance was adopted by the following vote: Ayes: Barnes, Holley, Webb, ~hftlow, J6hansen Nays: None 83-341 - The following ordinance deferred from the meeting of September 13, 1983, was taken up and read: "AN ORDINKNCE AUTHORIZING ~ OBTAINING AND DISS~4I~TION OF RECORDS OF PAST CRIMINAL CONSfICTIONS FOR APPLICANTS FOR PUBLIC E~PLOYMENT, PERMITS OR LICENSES." Letter from the City Manager: 'In the course of employment checks for applicants for City employment and employment with the Portsmouth Public Schools, as well as in the conduct of investigation of persons seeking certain permits and licenses, it is necessary that the City Administration obtain for such applicants a record of past criminal convictions, if m to determine if any such past criminal conduct would be compatible with the nature of the employment., permit or license. The applicable provisions of the Code of Virginia provide that the Police Department may obtain crimina history record information through the Central Criminal Records Exchange for the conduct of investigations of applicants for public enmloyment, permits or licenses only where a duly enacted ordinance has been adopted. The Department of Criminal Justice Services of the Commonwealth has recently requested that the City adopt such ordi- nance authorizing such record checks by the Portsmouth Police Department. The City Attorney has researched this matter and indicated that 919.2-389 of the Code of Virginia authorizes the same. I, therefore, reco~end the adoption of the attached ordinance mn order to co~ply with the applicable provisions of the State Code." Helen Davis, 1311 Effingham Street, representing Black Concerned Citizens, spoke in opposition of the ordi- nance as recor~nended by the City Manager. Minister Rafiq Zaidi, 514 Effingham Street, representing Black Concerned Citizens, questioned the legality the proposed ordinance and threatened to file suit i~ adopted. ~Dtion of Mr. Holley and and seconded by Mr. Barnes, that the ordinance be deferred until Council has oppor- tunity to review the concerns raised tonight, a~d was adopted by unanimous vote. (5-~) REPORTS FROM THE CITY MANAGER - 83-358 - Letter from the City Manager recommending adoption of an ordinance closing a uortion of Fairfmx Avenue. "Only July 12, 1983 City Council approved the appointment of viewers to consider the application of the Cit of Portsmouth to~,ctose a portion of Fairf~x Avenue. The viewers have reported, as required by law, that no inconvenience would result from the closure of this street. I recormnend adoption of the ordinance on your agenda to close a portion of Fairfax ~venue." On motion of ~rs. Webb and seconded byMr. Barnes, the following ordinance was adopted, and by the follow- ing vote: "AN ORDINANCE CLOSING A PORTION OF FAIRFAX AVENUE." Ayes: Barnes, Holley, Webb, Whitlow, Johansen Nays: None 83-359 - Letter from the City Manager recommending adoption of an ordinance closing a portion of Harbor Street between Harbor Court and Water Street. "On June 14, 1983, at the request of Portsmouth Redevelopment and Housing Authority and upon receipt of the recommendation of the Planning Commission, the Council appointed viewers as prescribed by law to report on the closure of Harbor Street between Harbor Court and Water Street. As Council is aware, Harbor Street is an integral part of the Olde Harbour Market and our overall waterfron development effort. Harbor Street should be closed to vehicular traffic for ease of pedestrian access during periods when the Olde Harbour Market will be in operation. Harbor Street will be ooened to the ~rolleys and any emergency vehicles. The viewers have reported, as required by law, that no inconvehience would result from the closure of this street. I recommend adoption of the ordinance on your agenda to close Harbor Street." Motion of Mrs. Webb and seconded by Mr. I~hitlow, to adopt the ordinance. Substitute motion of Mrs. Webb and seconded by Mr. Barnes, that the ordinance be deferred, and was adopted by unanmnous vote.