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187
<br />
<br />August 19, 1975
<br />
<br /> 75-356 - "Consideration of a resolution requesting the General Assembly to amend the
<br />law pertaining to shoplifting to give adequate police protection to businesses situated in
<br />the City of Portsmouth.
<br />
<br /> The President of the Do~mtown Portsmouth Association bas appealed to Attorney General
<br />Andrew Miller for assistance in closing the legal loopholes in the Virginia law relative
<br />to shoplifting. The Downtown Portsmouth Association has'requested that the City endorse
<br />their appeal by requesting that the General Assembly act quickly and effectively in providing
<br />the necessary legislation to correct this situation. The City Manager recommends adoption."
<br />
<br /> On motion of Mr. Early and seconded by Mr. Barnes, the following resolution was adopted,
<br />and by the following vote:
<br />
<br />"A RESOLUTION REQUESTING THE ATTORNFY GENE[hRI OF VIRGINIA TO PRESENT LEGISLATION
<br />TO THE NEXT SESSION OF THE GENERAL ASSEMBLY OF VIRGINIA WHICH WOULD CLARIFY THE
<br />AUTHORITY OF POLICE OFFICERS TO PARTICIPATE IN ARRESTS IN CERTAIN ~'[ISDBMEANOR
<br />OFFENSES INVOLVING LARCENY OF MERC~{gNDISE, MORE C0~ONLY KNOI~ AS "SHOPLIFTING~'.
<br />
<br /> WHEREAS, the law of the Commonwealth of Virginia presently requires that a warrant
<br />is necessary for an arrest when a misdemeanor was committed out of the presence of the arrest
<br />ing officer; and,
<br />
<br /> h~EREAS, much concern has arisen in regards to the authority of officers to assist
<br />local merchants in the arresting of persons suspected of larceny of merchandise; and,
<br />
<br /> W~EREAS, the issue of civil liability of the officer and the City in such incidents
<br />is not clear under the present law; and,
<br />
<br /> ~{EREAS, the Board of Directors of Do%~town Portsmouth Association have requested that
<br />the Attorney General of Virginia draft the necessary legislation to enable Police Officers
<br />to effectively assist in such situations.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia,
<br />that the Attorney General of Virginia is urged to present legislation to the next session
<br />of the General Assembly of Virginia which will clarify the authority of Police Officers
<br />to participate in arrests in certain misdemeanor offenses involving larceny of merchandise,
<br />more commonly known as "shoplifting".
<br />
<br /> BE IT FURTHER RESOLVED that the City Clerk
<br />tion to the Attorney General of Virginia and to
<br />the General Assembly of Virginia."
<br />
<br />is directed to forward a copy of this resolu~
<br />members of the Portsmouth Delegation to
<br />
<br />Ayes: Barnes, Early, Elliott, Holley, 0ast, Wentz, Davis
<br />Nays: None
<br />
<br /> 75-357 ~Consideration of a resolution authorizing the City Manager to acceDt as a
<br />gift the Community Psychiatric building and total assets located at 334 Effingham Street
<br />from~the Portsmouth Area Mental Health Center, Inc.
<br />
<br /> The City is currently paying rent and all custodial costs for this building through
<br />the Mental Health Fund for the operat&o~ of the psychiatric center. Since the City is cur-
<br />rently maintaining the building and grounds, the donationoof the building will eliminate
<br />the rental currently being paid by the City. The resolution from the Mental Health and
<br />Mental Retardation Board is attached for your information. The City Manager recommends
<br />adoption."
<br /> resolution
<br /> On motion of Mr. Barnes and seconded by Mr. Oast, the following/was adopted, and the
<br />City Manager draft proper letter to Mental Health Center, Inc. regarding gift, and was
<br />adopted by the following vote:
<br />
<br />"A RESOLUTION AUTHORIZING THE CITY ~NAGER TO ACCEPT A TRANSFER OF THE ASSETS
<br />OF THE PORTSMOUTH AREA MENTAL HEALTE CENTER, INC.
<br />
<br /> WHEREAS, the Trustees of the Portsmouth Area
<br />action by a resolution adopted August 6, 1975, to
<br />and,
<br />
<br />~ental Health
<br />liquidate the
<br />
<br />Center, Inc. have taken
<br />assets of said corporation;
<br />
<br /> W~REAS, the Trustees of the Portsmouth Area Mental Health
<br />that City Council accept the conveyance of the assets including
<br />at 334 Effingham Street; and,
<br />
<br />Center, Inc. have recommended
<br />the land and improvements
<br />
<br /> WHEREAS, acceptance of nhe assets of the Portsmouth Area Mental Health Center
<br />with the provision that the City~woutJ~Eive first~ consideration of-use ef such
<br />~rep~rty~or a minimum-of tSn years_ for~mental healt~r~e~es~-willpre¥~ide the
<br />basis for continuing mental health services for residents of Portsmouth.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia,
<br />that the City Manager is directed and authorized on behalf of the City of Portsmouth to
<br />accept the conveyance of the assets of the Portsmouth Area Mental Health Center, Inc. to
<br />include the land and improvements at 334 Effingham Street."
<br />
<br />Ayes: Barnes, Early, Elliott, Holley, east, Wentz, Davis
<br />Nays: None
<br />
<br />
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