Orange County NC Website
� <br /> This item was removed and placed at the end of the consent agenda for separate <br /> consideration. <br /> VOTE ON CONSENT AGENDA: UNANIMOUS <br /> 5. Items Removed From Consent Aqenda <br /> a. Minutes <br /> The Board considered correcting and/or approving the minutes as submitted by the <br /> Clerk to the Board for May 6, 2010; May 11, 2010; and May 13, 2010. <br /> Commissioner Yuhasz made reference to page 15 of the May 6th minutes, line 14. He <br /> read a corrected statement, "He thinks it is not reasonable that the County should be <br /> supporting the Chapel Hill Library at the same proportional level as it did initially." <br /> A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger <br /> to approve the minutes for May 6, 2010; May 11, 2010; and May 13, 2010; with the changes <br /> as made by Commissioner Yuhasz for May 6, 2010, page 15, line 14. <br /> VOTE: UNANIMOUS <br /> d. Property Tax Refund Request <br /> The Board considered adoption of a refund resolution related to one request for <br /> property tax refund in accordance with North Carolina General Statute 105-381. <br /> Commissioner Yuhasz said to give Jo Roberson a chance to speak to the applicant, Mr. <br /> O'Briant. <br /> Jo Roberson said that she understood the issue that there was a garage that was <br /> unfinished, but their records show a finished garage, and Mr. O'Briant and his wife would like a <br /> refund. Unfortunately, on the advice of counsel after review, and after review of the statutory <br /> requirements, she cannot make a recommendation for a refund because this does not meet <br /> the definition of a clerical error, nor does this meet the definition of an illegal tax. The record <br /> has been corrected for this garage and the value has been reduced accordingly for 2010. <br /> John Roberts said that the problem was not that there was an error made, but it was <br /> the type of error that was made. The General Assembly and the courts have limited to clerical <br /> error what can be refunded. The courts specifically rule that mistakes of judgment like this are <br /> not eligible for refund. Clerical error has been defined as transposing numbers on valuation. <br /> A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to <br /> forward this appeal to the Legislators with a cover letter that these situations arise periodically <br /> and that the County Commissioners are disappointed that under the Machinery Act that the <br /> Board is constrained to address what is obviously a mistake, but which it cannot correct under <br /> the current purview. <br /> VOTE: UNANIMOUS <br /> A motion was made by Commissioner Yuhasz, seconded by Commissioner <br /> Hemminger to approve the attached resolution denying one property tax refund request in <br /> accordance with North Carolina General Statute 105-381. <br /> VOTE: UNANIMOUS <br /> n. Oranqe County Comprehensive Transportation Plan (CTP) Process Plan <br /> The Board considered directing the Comprehensive Transportation Plan Steering <br /> Committee to continue with data collection, data projections, alternative selection and <br /> analyses, and development of the plan with public input to include NC 86 as a strategic <br />