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