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February 13, 2024
<br />
<br />At a Regular Meeting of the City Council on Tuesday, February 13, 2024, there
<br />were present:
<br />
<br />Mayor Shannon E. Glover, Vice Mayor Lisa L. Lucas-Burke, William E. Moody, Jr., Dr.
<br />Mark M. Whitaker, De’Andre A. Barnes, Mark A. Hugel, Vernon L. Tillage, Jr., Interim City
<br />Manager Mimi C. Terry, City Attorney Lavonda Graham-Williams.
<br />
<br />Mayor Glover asked for a moment of silence which was followed by the Pledge of
<br />Allegiance to the Flag.
<br />
<br /> Mayor Glover called the meeting to order and welcomed all in attendance.
<br />
<br /> Motion by Mr. Moody, and seconded by Ms. Lucas-Burke, to adopt the minutes of
<br />a Special Called Meeting of January 22, 2024, of a Called Meeting of January 23, 2024,
<br />of a Regular Meeting of January 23, 2024, of a Special Called Meeting of January 29,
<br />2024, and of a Special Council Meeting of January 29, 2024, and was adopted by the
<br />following vote:
<br />
<br /> Councilman Whitaker asked that his vote to Certify Closed at the January 29, 2024,
<br />
<br />Special Called Meting be changed to a no vote.
<br />
<br />Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover
<br />Nays: None
<br />
<br />- City Manager’s Report -
<br />
<br />24 - 34 - Adoption of an ordinance authorizing payment of escheated funds from
<br />the tax sale of 602 Wakefield Drive to Jacqueline S. Williams as authorized by
<br />Section 58.1-3967 of the Virginia Code and appropriating the sum of $21,208.05
<br />from the Fund Balance of the General Fund to the FY 2024 General Fund Budget
<br />for said purpose.
<br />
<br />Background:
<br />
<br />
<br /> The property located at 602 Wakefield Drive, Portsmouth, Virginia was sold at a
<br />tax sale and, after payment of the applicable past-due taxes and other liens against the
<br />property, the remaining funds were placed in escrow with the Court for the period of one
<br />year, as required by the Virginia Code.
<br />
<br /> Because the former owner of the property did not petition the Court for release of
<br />the funds within the one-year escrow period, the funds escheated to the City.
<br />
<br /> When the funds escheated, they went into the City’s fund balance.
<br />
<br /> Section 58.1-3967 of the Virginia Code allows the former owner of property sold at
<br />tax sale, or their heirs or assigns, to petition City Council for payment of any funds from
<br />the sale that escheated to the City. City Council has full discretion as to whether to grant
<br />or deny the petition.
<br />
<br />Discussion:
<br />
<br /> Ms. Jacqueline S. Williams, heir of the former owner of an interest in 602 Wakefield
<br />Drive, petitioned City Council for payment of escheated funds from the tax sale of the
<br />property.
<br />
<br /> At its January 23, 2024, meeting City Council directed the City Attorney to prepare
<br />an ordinance authorizing payment of a percentage of the escheated funds equivalent to
<br />
<br />the former owner’s ownership interest in 602 Wakefield Drive.
<br />
<br /> Originally it appeared that the former owner had a 25% interest in 602 Wakefield
<br />
<br />Drive. However, upon additional research and review, their actual interest was 40%.
<br />
<br /> Accordingly, the ordinance prepared for City Council’s consideration appropriates
<br />$21,208.05 (40% of the escheated amount) from Fund Balance to the General Fund for
<br />
<br />payment to Ms. Williams.
<br />
<br />Financial Impact:
<br />
<br />
<br /> The sum of $21,208.05 will be appropriated from Fund Balance to the FY 2024
<br />
<br />General Fund Budget for payment to Ms. Williams.
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