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April 24, 1979 <br /> <br />(A) "Consideration of an ordinance pertaining to remoM~~ and control of refuse at <br /> construction sites. The City Manager recommen~ adoption." <br /> <br /> Motion of Mr. Early and seconded by Mr. Oast, the ordinance to be referred to the City <br />Manager for clarification, and was adopted by unanimous vote. (S-0) <br /> <br /> (BO "Consideration of an ordinance amending the City Code defining construction sites. <br />The City Manager recommends adoption." <br /> <br /> Motion of Mr. Early and~ seconded by Mr. Oast, the ordinance to be referred to the City <br />Manager for clarification, and was adopted by unanimous vote. (5-9) <br /> <br /> (C) "Consideration of an ordinance amending the City Code establishing a requirement <br />of a cover over refuse that is being transported. The City Manager recommends adoption." <br /> <br /> Donald C~ Kilgore, Attorney, representing Portsmouth Paving Corporation, spoke against <br />the ordinance, that it was ~o~ vague and not enforceable. <br /> <br /> Motion of Mr. Early and seconded by Mr. Barnes, the ordinance to be referred to the <br />City Manager for clarification, and was adopted by unanimous vote. (S-0) <br /> <br />Mayor Davis resumed the Chair for the remainder of the meeting. <br /> <br />79-147 "Consideration of an ordinance closing a portion of Wythe Street. <br /> <br /> The Portsmouth Redevelopment ~ Housing Authority has made application to close a portion <br />of Wythe Street. Council previously adopted a resolution appointing viewers. A copy of the <br />viewers report and a plat showing the portion of the street to be closed is attached for your <br />information. The City Manager recommends adoption." <br /> <br />~ On ~o~lon o~ Mr. Gray ~nd seconded by Mr. Early, the following ordinance to be amended <br />to remove that t~e perpetual easement go to the City of Portsmouth, and that the title would <br />automatically go/~he Portsmouth Redevelopment & Housing ~uthority, and the ordinance <br />adopted, as amended, and by the £ollowing vote: <br /> <br />"AN ORDINANCE CLOSING THE FOLLOWING: A PORTION OF WYTHE STREET (S-77-17)." <br /> <br />Ayes: Barnes, Early, Gray, Holley, Oast¥~Davis <br />Nays: None <br /> <br />79-148 "Consideration of an ordinance closing a portion of 4th Street. <br /> <br /> The Portsmouth Redevelopment & Housing Authority has made application <br />of 4th Street. Council previously adopted a resolution appointing viewers. <br />viewers report and a plat showing the portio~ of the street to be closed is <br />information. The City Manager recommends adoption." <br /> <br />to close a portion <br /> A copy of the <br /> attached ~or your <br /> <br /> On motion of Mr. Barnes and seconded by Mr. Oast, the following ordinance to be amended <br />to remove that the perpetual easement go to the City of Portsmouth, and that the title would <br />automatically go to the Portsmouth Redevelopment ~ Housing Authority, and the ordinance was <br />adopted, as amended, and by the following vote: <br /> <br />"AN ORDINANC~ CLOSING TH~ FOLLOWING: A PORTION OF FOURTH STREET (S-77-18)." <br /> <br />Ayes: Barnes, Early, Gray, Holley, Oast, D~v~s <br />Nays: None <br /> <br /> ~9-149 "Consideration of a resolution authorizing the City Manager to notify the <br />Southeastern Public Service Authority (SPSA) that the form of the certifying agreement has <br />been approved and will be executed on or before June 30, 1979; advising that Portsmouth favor <br />the levying of service charges in accordance with State Code. <br /> <br /> The SPSA General Council has met with the City Attorneys from the communities in the <br />regional solid waste program for discussion of the proposed agreement for the regional facili~ <br />Our City Attorney has indicated his satisfaction with the proposed agreement and from a legal <br />standpoint it is now ready for Council consideration. My office and members of my staff have <br />reviewed ~the proposed agreement including fee schedule, operation and collection of the regio~ <br />facility and has recommended that the City of Portsmouth continue ~ts participation. We have <br />been requested by the Executive Director of SPSA to advise the Authority of our Council actio~ <br />by no later than April 25, 1979. This resolution authorizes the City Manager to execute and <br />forward a letter of intent as requested. The City Manager recommends adoption." <br /> <br /> Motion of Mr. Holley and seconded by Mr. Barnes, to defer resolution 79-149 until <br />further information is developed and forwarded to member jurisdictions of SPSA; expressing <br />the continued intention of this Council to join the proposed regional solid waste resource <br />recovery and disposal system; and supporting the concept of a service charge being levied <br />against SPSA facilities, and was adopted by unanimous vote. <br /> <br /> 79-150 "Consideration of a resolution authorizing the City Manager to execute a propose <br />agreement between the City and the Seaboard Coast Line Railroad which would allow the City to <br />utilize their right-of-way for the Laigh Road and~Ballard Avenue Sewer Project. <br /> <br /> The City has been able to negotiate with the <br />their right-of-way through a permit for the Laigh <br />resolution authorizes the City Manager to execute <br /> <br />Seaboard Coast Line Rail for utilization <br />Road/Ballard Avenue Sewer Project. This <br />this agreement as well as certifies the <br /> <br />of <br /> <br /> <br />