Minutes 11/27/2018 - Laserfiche WebLink

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November 27, 2018 18 - 446 - Adoption of an ordinance to amend and reordain subsections (b) and (f) of section 35-14 of the Code of the City of Portsmouth, Virginia (2006) (Relief from Erroneous Assessments and Erroneous Payments Generally) for the purpose of streamlining the process for refunding erroneous payments of local levies, taxes, licenses or fees. Background:  Section 35-14 of the City Code provides a process for the refund to citizens of overpayments of taxes, levies, licenses or fees.  The section provides that citizens can apply to the City Assessor or Commissioner of the Revenue, as applicable, for relief from an assessment that the citizen believes is erroneous or for refund of an overpayment.  After application is made, the City Assessor or Commissioner of the Revenue reviews the claim. Where it is determined that an overpayment was made, the Assessor or Commissioner so certifies to the City Manager and City Treasurer.  Where the overpayment was the result of miscalculation or ministerial error by an officer or employee of the City, ten percent interest is added to the refund. Discussion:  As currently written, Section 35-14 of the City Code requires City Council approval when any refund including interest totals more than $1,000.  It is proposed to amend the Code to eliminate the requirement for City Council approval of such refunds and instead to require the determination of the City Treasurer, with the concurrence of the City Manager and City Attorney, that the refund is owed.  Because City Council meets only twice a month and agendas must be set well in advance of meetings, the City Council approval requirement unduly delays repayment to citizens.  The addition of the requirement for City Treasurer, City Manager, and City Attorney approval will provide adequate checks and balances to prevent improper issuance of refunds. Financial Impact:  None. Recommended Action:  Adoption of the ordinance. Next Steps Following Council Action:  The process required by the Code amendment will be implemented in future cases where it is determined that a refund is owed. Motion by Ms. Lucas-Burke, and seconded by Mr. Clark, to adopt the following ordinance, and was adopted by the following vote: “ORDINANCE TO AMEND AND REORDAIN SUBSECTIONS (B) AND (F) OF SECTION 35-14 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) (RELIEF FROM ERRONEOUS ASSESSMENTS AND ERRONEOUS PAYMENTS GENERALLY) FOR THE PURPOSE OF STREAMLINING THE PROCESS FOR REFUNDING ERRONEOUS PAYMENTS OF LOCAL LEVIES, TAXES, LICENSES OR FEES.” Ayes: Clark, Lucas-Burke, Moody, Psimas, Smith, Rowe Nays: None 18 - 447 - Adoption of a resolution directing that an analysis of proposals received for the construction of a new City Hall and a new Public Safety Building be conducted by City staff. Background:  In May 2018 the City received an unsolicited proposal for the construction of a new City Hall and a new Public Safety Building.