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Minutes - 20020318
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Minutes - 20020318
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BOCC
Date
3/18/2002
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Minutes
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Agenda - 03-18-2002 - Agenda
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\Board of County Commissioners\BOCC Agendas\2000's\2002\Agenda - 03-18-2002
Agenda - 03-18-2002 - 1
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\Board of County Commissioners\BOCC Agendas\2000's\2002\Agenda - 03-18-2002
Agenda - 03-18-2002 - 2
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\Board of County Commissioners\BOCC Agendas\2000's\2002\Agenda - 03-18-2002
Agenda - 03-18-2002 - 3
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\Board of County Commissioners\BOCC Agendas\2000's\2002\Agenda - 03-18-2002
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2 <br /> the USGS line that was done on a statewide basis. The Childers' lot is in a subdivision called Spring <br /> Farm. The first phase included the Childers' lot which is newer than 1995. <br /> Commissioner Gordon made reference to page 5 and the statement"in the absence of an <br /> agreement among the counties and a citizen, the citizen has the right to pay taxes in the county where <br /> the citizen's property is cited and receive government services in the county where the citizen resides." <br /> Geoffrey Gledhill said that this sentence comes from something that is unrelated to the Childers <br /> taxes and has to do with the agreement between Orange County and Chatham County. It is talking <br /> about citizens receiving services where they live and pay taxes where they own property. There is no <br /> direct relationship between where you get services and where you pay taxes. <br /> In answer to a question from Commissioner Gordon on how a Commissioner is suppose to solve <br /> this, John Link said that if the County Commissioners make a determination that the property is in <br /> Alamance and a court decision finds that action to be wrong then there will be liability. He is not <br /> supporting either way. He feels it is important for the County Commissioners to make a judgment on this <br /> one case which is unique and different from other cases. <br /> Geoffrey Gledhill made reference to personal liability for releasing tax money which should not be <br /> released. If you agree to release and refund the Childers tax money for the years in question and <br /> someone else complained and sued you for the money you agreed to release or refund, that person <br /> would have to prove that the County Commissioners were wrong in determining that the Childers <br /> property is not located in Orange County. They would have the burden of overcoming all the evidence. <br /> It would be a low risk case. Every time you make a release or refund this is the consequence. The basis <br /> for releasing or refunding is that it is an illegal tax and Orange County has no legal right to tax property <br /> which is not in Orange County. <br /> In answer to a question from Commissioner Gordon, Geoffrey Gledhill said that the County <br /> Commissioners have the responsibility for resolving matters related to the location of the Countyline. <br /> Until some court tells us otherwise the green line on the map is the Countyline. <br /> Chair Jacobs made reference to page four (4) of Commissioner Halkiotis' memo where <br /> Commissioner Halkiotis makes a recommendation to get together with Alamance County and determine <br /> where the line is. <br /> Commissioner Halkiotis said that this is not an unusual situation to have an issue with the <br /> boundary line. When we tried to resolve this line with Alamance County, it got political. We had a nice <br /> meal, a nice discussion and then it fell apart. It may have worked if staff pursued it. He would like for <br /> this dispute to be discussed with the Managers and staffs and not in the public forum. He feels it does <br /> not need to be a repeat of the same process that has been going on for years. He feels it should not be <br /> drawn out over the summer and suggested 60 days to resolve this issue. If it can't be resolved, then it <br /> can be brought back to the County Commissioners. He made reference to the last page of his memo <br /> and noted that staff have identified 267 parcels that could be affected, if for example, the boundary line <br /> resulting from this process generally resembled the USGS line. One hundred thirty five (135) of those <br /> parcels are currently taxed by Orange County with an assessed value of almost$19 million and resulting <br /> General Fund revenue (based on the FY 2001-02 tax rate of 80.5 cents) of roughly$153,000. <br /> A motion was made by Commissioner Gordon, seconded by Commissioner Brown to refer this <br /> matter to the County Managers and staffs of Orange County and Alamance County to resolve this issue <br /> within 60 days. If it cannot be resolved within 60 days, it is to be brought back to the County <br /> Commissioners for further discussion and direction. <br /> VOTE: UNANIMOUS <br /> John Link said that when he approaches the Alamance County Manager it will be to also express <br /> the County's interest in asking the State to facilitate resolving the county boundary using a formal <br /> process made available to counties through the North Carolina Geodetic Survey Office. <br /> Commissioner Gordon noted that wherever the line is drawn, that those children on the Alamance <br /> County side will go to the Alamance County schools and those on the Orange County side will go to <br /> Orange County schools. <br />
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