ORD-2006-025 - Voluntary Agricultural District Designation: Pearson Property

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�— 2o6G O Z $ y 2005, they have more restricted the way that an appraiser can apply the schedule of values in dealing with a double wide. Commissioner Halkiotis asked about the difference in value and Nancy Brooks said that it was appraised at $150,000 and now it is $106,000. John Link said that the Machinery Act was enacted in the 1930's and it has not been changed since then. This is a perfect example of why this act is archaic. The County made a mistake and the best they can do is to let the legislators know. It is called a Machinery Act because they work through machinery in the process, a non - feeling mechanical process of evaluating taxes. He said that in Orange County they need' to highlight in their materials to taxpayers that they should beware and look at the tax values. Chair Jacobs asked Goof Gledhill about the legal consequence of refunding this tax and Goof Gledhill said that the tax would be considered not paid and presumably some citizen could sue for the recovery of that tax, and each Commissioner would be personally responsible for the recovery of the tax. Nancy Brooks asked where her tax money went. Goof Gledhill said that the money was put in the general fund. Chair Jacobs said that they do not have a satisfactory answer and there was another problem earlier in the year similar to this. Nancy Brooks said that she has been ripped off for nine years and it is not right. Chair Jacobs said that if they could think of something else to do, then they would do it. He thinks that they should put a big warning in the tax inserts about this. Commissioner Halkiotis asked if there was any other remedy and Goof Gledhill said there is no other legal recourse. He said that the taxpayer could sue for refund and they would have to prove to the court, and in his opinion what happened in this circumstance does not qualify for either one of the three reasons that the statutes provide. Chair Jacobs said that they could help Nancy Brooks by not contesting' her lawsuit and Goof Gledhill said perhaps. Chair Jacobs said that the County could' decide not to send its attorney to court and the judge might decide in Nancy Brooks' favor. y. Voluntary Agricultural District Designation: Pearson Property The Board considered an application from (William) Adrian Pearson for certification as qualifying farmland within the Caldwell Voluntary Agricultural District. Chair Jacobs wanted to thank Mr. Pearson for putting this property into the Voluntary Agricultural District. He asked how many acres it was and ERCD Directory Dave Stancil said 50 acres, which brings them to around 2,180 acres in the program. A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve an application from (William) Adrian Pearson for certification as qualifying farmland within the Caldwell` Voluntary Agricultural District. VOTE: UNANIMOUS aa. NC Hwy 57 Speedway Area Small Area Plan The Board considered authorizing Planning and Economic Development staff members to develop a Small Area Plan process for the NC Highway 57 Speedway area. Chair Jacobs said that the first meeting of this group is the East of the Board of County Commissioners' meetings before the break. He said that the County Commissioners keep asking staff to please not schedule meetings without checking the schedule. He asked the staff to bring this back with a different schedule. Planning Director Craig Benedict said that this was probably a clerical error. Commissioner Gordon asked about the group and how the County Commissioners were going to appoint this group. Craig .Benedict said that they want to call a group of citizens