Agenda - 09-15-2009 - 4e - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 15, 2009 Action Agenda Item No. ~ ~ SUBJECT• Property Tax Releases DEPARTMENT: Assessor's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Resolution John Smith, 245-2101 Spreadsheet Legal Opinion Letter PURPOSE: To consider adoption of a resolution to release property values related to eight (8) requests for property tax release. BACKGROUND: The Assessor's Office is requesting approval to release property values related to eight (8) requests for property tax release (see explanations on attached spreadsheet). North Carolina General Statute 105-381(b), "Action of Governing Body" provides "upon receiving a taxpayer's written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct liability or notify the taxpayer in writing that no release or refund will be made". North Carolina law allows the Board to approve property tax releases for the current and four previous fiscal years. Four (4) of the bills listed for releases are present use value deferred tax bills to Norman Walker. The properties were initially disqualified from the present use program in 2008 after transfer to non-qualifying entities. However, after legal review it has been determined the properties should have been disqualified as of 2004 when the subdivision, Mill Creek Phase A, was first approved and the legal status of these four properties changed. Thus, deferred tax bills for 2001, 2002, 2003, and 2004 have been created according to statute. In addition, as described in the attached letter from legal counsel the additional discovery for years 2005, 2006, 2007, 2008, and 2009 has been created thus providing the Board with legal basis for this release. (See attached letter from former County Attorney.) FINANCIAL IMPACT: Approval of these changes will result in a net reduction in revenue of $15,380.40 to the County, municipalities, and special districts for FY 2009/2010. The approval of these releases will bring the total net reduction for FY 2009/2010 to $15,380.40. The Tax Assessor recognized that releases and Property Tax Commission decisions can impact the budget and accounted for these in the annual budget projections. RECOMMENDATION(S): The Interim Manager recommends the Board approve the attached resolution approving eight (8) property tax release requests in accordance with N.C. General Statute 105-381.