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224 <br /> <br />May 22, 1979 <br /> <br />section defines "construction site" and was not a matter of discussion at your previous meeting. <br /> <br /> The appropriate city staff has reviewed these suggested ordinance amendments and finds <br />them to be practical and helpful amendments to the code. I am advised that representatives <br />of the Commission will be present Tuesday evening at your regularly scheduled council meeting <br />in o~rder to express the Commission's views on these amendments. ' <br /> <br />~9}146 (A) The following ordinance was taken up and read: <br /> <br /> "AN ORDINANCE TO ADIEND THEGOUE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY <br /> AMENDING SECTION 14-29 THEREOF, PERTAINING TO CONSTRIIC~ION SITES." <br /> <br /> On motion by Mr. Barnes and seconded by Mr. Gray the ordinance was adopted, and by <br />the following vote: <br /> <br />Ayes: Barnes, Elliott, Gray, Holley <br />Nayes: None <br /> <br /> 79-146 (B) The following ordinance,deferred from the regular meeting of April 24, 1979, <br />was taken up and r6ad: <br /> <br /> "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BE AMENDED <br />SECTION 14-21 THEREOF, PERTAINING TO DEFINITIONS. <br /> <br /> On motion by Mr. Gray and seconded by Mr. Barnes, the ordinance was adopted, and by the <br />following vote: <br /> <br />was <br /> <br />'A~%': Ba'r~e'g';"E'lliott, Gray, Holley <br /> Nayes: None <br /> <br />79-146 (c) ''~-ff~"~ollowing ordinance, <br />taken ¢p a~'r'e'ad: ' <br /> <br />deferred from <br /> <br />the regular.meeting of April 24, 1979 <br /> <br />"AN-,ORDI~ATCCE'"TO~'AMEND SECTION 2~-405 OF THE COE OF THE CTTY OF PORTSMOUTH, VIRGINIA, <br />1975, PERTAINING TO TRANSPORTATION OF REFUSE, TRASH, AND OTHER DEBRIS." <br /> <br /> 'Motion of Mr Barn%s' and seconded by Mr. Elliott to defer this item <br />Council is present on June 5, 1979, and was adopted by unan.imous vote. <br /> <br />The following reports were submitted by the City Manager: <br /> <br />until the full <br /> <br /> 79-192- "Consideration of an ordinance on first reading to appropriate $40,000 from <br />the Capital Improvements Fund for drainage improvements at Kent and York Drives and Elm <br />Avenue at Fort Lane and Crawford Parkway. <br /> <br /> This appropriation will provide the necessary funds to correct drainage problems at Kent <br />and York Drives; and those at the intersection north of Fort Lane at Crawford Parkway on Elm <br />Avenue. The City has a balance of approximately $165,000 in the off-site drainage account <br />and this appropriation~will be made from that allocation. Since there is only approximately <br />6 weeks left in the Fiscal Year, it is recommended that $40,000 of the off-site drainage funds <br />be appropriated in the Hot Spot categoryssince the Hot Spots allocation has been used for the <br />Fiscal Year. The two projects included in this appropriation do qualify as Hot Spot <br />appropriations. The City Manager recommends adoption on first reading. <br /> <br /> On motion of..Mr.. Barnes and seconded by Mr. Gray, the following ordinance was approved <br />on first reading, and by unanimous vote: <br /> <br />"AN ORDINANCE TO APPROPRIATE $40,000 FROM THE CAPITAL IMPROVEMENT FUND FOR DRAINAGE <br />IMPROYEMENTS AT KENT DRIVE AND YORK DgI¢~;. AND FORT LANE AT~ CRACFFORD <br /> <br /> "Consideration of a motionJ;to award bid to the lowest responsible bidder for the Kent <br />and York Drive project," <br /> <br /> ~otion offer. BarnCs~nd seconded by Mr. Gray that the contract be awarded to W. L. <br />Birsch, Inc., being ~he lowest responsible bidder and was adopted by unanimous vote. <br /> <br /> 79-193- "Consideration of an ordinance to amend the City Code, Section 21-181 pertaining <br />to fictitious names and false information. <br /> <br /> This ordinance will amend the City Code~b~cchanging from a Class 4 misdemeanor to a Class <br />1 misdemeanor the giving of fictitious names and false information. The Commonwealth Attorney <br />has requested the City consider this change to the City Code and I concur in his request. A <br />copy, of the letter from the Commonwealth Attorney is attached for your information. The City <br />ManRg~r rec0mmend~ adoption.' <br /> <br />The following letter from the Commonwealth'g Attorney was received: <br /> <br /> "This office supports the proposed amendment to Section 21-181 of the City Code that would <br />elevate punishment from a Class IV misdemeanor to a Class I misdemeanor. There are many cases <br />in which a witness changes the story that he gives to the police when that witness testifies <br />in court._ In the vast Cajority of these cases, the crime of perjury is unprovable. In short, <br />th~'~nalty ~'the:~r~'~nt law makes it too easy for a witness to change his or her story <br />without worrying about any serious consequences of that change of story." <br /> <br /> <br />