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April 14, 2026 <br /> <br />- City Manager’s Report - <br /> <br />Consent Agenda: <br /> <br />26-99a: <br /> <br />Adoption of an ordinance authorizing payment of escheated funds from the tax sale <br />of 3506 Blaine Street to David V. Gill and Daniel Lee Barns, as authorized by Section <br />58.1-3967 of the Virginia Code and appropriating the sum of $9,525.24 from the <br />Fund Balance of the General Fund to the FY 2026 General Fund Budget for said <br />purpose. <br /> <br />Background: <br /> <br /> <br /> The property located at 3506 Blaine Street, Portsmouth, Virginia was sold at a tax <br />sale and, after payment of the applicable past-due taxes and liens, the remaining funds <br />were placed in escrow with the Circuit Court for a period of two years from the date of <br />confirmation of sale, as required by the Virginia Code. <br /> <br /> The confirmation of sale was entered on May 27, 2022, and the Circuit Court <br />received the funds on June 8, 2022. Several former owners of the property petitioned the <br />court to release the funds on June 4, 2024, incorrectly calculating the start of two-year <br />escrow period as the date the Court received the funds, not the confirmation of sale. <br /> <br /> Because the petition to the Court for release of the funds was not within the two- <br />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 /> Last fall, five other former owners of this property submitted petitions to City <br />Council to receive repayments for their share of the surplus. City Council approved their <br />petitions at the October 28, 2025 meeting, appropriating a total of $27,146.94 for <br />repayment. <br /> <br />Discussion: <br /> <br />th <br /> David V. Gill and Daniel Lee Barns, former owners of a 10/84 interest in 3506 <br />Blaine Street, have petitioned City Council by counsel for payment of surplus funds from <br />the tax sale of the property. <br /> <br /> The total amount of surplus funds received by the City for the tax sale was <br /> <br />$40,006.03. The total interest of each petitioner is as follows: <br />th <br /> <br /> David V. Gill: $4,762.62 (10/84 interest) <br />o <br />th <br /> <br /> Daniel Lee Barns: $4,762.62 (10/84 interest) <br />o <br /> <br /> Accordingly, the ordinance prepared for City Council’s consideration appropriates <br />$9,525.24 (about 24% of the surplus amount) from Fund Balance to the General Fund for <br /> <br />payment to the petitioning former owners. <br /> <br /> If approved, the total amount of appropriated funds to former owners of 3506 <br />Blane, including the five petitions approved last year, will be $36,672.18 (about 92% of <br /> <br />the surplus amount). <br /> <br />Financial Impact: <br /> <br /> <br /> The sum of $9,525.24 will be appropriated from Fund Balance to the FY 2026 <br /> <br />General Fund Budget for payment to the petitioning former owners. <br /> <br />Recommended Action: <br /> <br /> Adoption of ordinance. Strategic Pillar #4: Safe, Connected, and Thriving <br /> <br />Community. <br /> <br />Next Steps Following Council Action: <br /> <br /> The Finance Department will make the necessary budgetary adjustments. <br /> <br /> Payment in the amount of $4,762.62 will be made to each of David V. Gill and <br />Daniel Lee Barns. <br /> <br /> <br /> <br /> <br /> <br />