Minutes 06-18-2013 - Laserfiche WebLink

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Commissioner Dorosin said one goal is that taxpayers concerns can be challenged through the equalization and review process. He noted that several of the letters stated that the taxed square footage does not show up on the bill. He asked if this can be changed to give proper notice. Dwane Brinson said it is not possible to put it on tax bills, but reference can be given to encourage taxpayers to review their property with the new ARIES application and the county website. Frank Clifton noted that taxes are often paid by banks rather than homeowners and he said that one idea is to work with banks and put out public notices to inform people of the new process and encourage them to check the links Commissioner Dorosin asked if an insert can be included in the bill to taxpayers with this information. He said that the county should provide these refunds to these individuals. He said taxing people for property they don't own is illegal and there is recourse for these residents to file a lawsuit under the statute. Commissioner Gordon said the information states refunds cannot be given for a judgment error. She understands that it does not seem fair, but it is a difficult situation because the Board of County Commissioners can be personally liable if a refund is given. She feels that efforts should be renewed to change the law. Commissioner McKee agreed with Commissioner Gordon, and he feels the Board should lobby their legislators. He said he is not inclined to disagree with the School of Government or John Roberts' advice. Commissioner Pelissier said the situation is very unfortunate. She said that she recently looked up her taxes and discovered she has also been paying taxes on an extra 500 square feet. She said she is not inclined to go against legal counsel on this issue. She feels that efforts need to be made to educate residents on the need to evaluate their property. Dwane Brinson said it is a much more fluid process with community involvement and feedback. Chair Jacobs noted that, prior to cost cuts, there were inserts in the tax bills. He suggested that the County go back to having an insert in tax bills telling residents how to look up the square footage measurements. Chair Jacobs said this issue comes up periodically to the Board of County Commissioners. He said that while he personally feels a law may be unjust, he cannot ignore legal counsel. He asked if every tax bill could include a juxtaposition of words that would qualify under one of the three criteria to allow for refunds in the event of a legitimate error. John Roberts said if this kind of intentional action were taken, then the personal liability could still come into play. Frank Clifton said that if a tax payer has an error it is corrected going forward; however, there are no retroactive refunds. Commissioner Dorosin said he does think that the law is what a judge says it is, though there can be disagreements about what it stands for. He does not think the Board is as strictly bound as has been stated and he feels he could defend this. Commissioner Dorosin made a motion to offer refunds as requested by taxpayers, as listed and refund the $20,056.54. There was no second. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to deny requests for refunds. VOTE: 5-1 (Commissioner Dorosin) Commissioner Rich recused.