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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />7 <br />Dwane Brinson, Tax Administrator, said his department has tried to get this resolved, <br />but the statutory requirements only go back 5 years. He said the total yearly refund amount <br />due is $1678.89. He reviewed information in the abstract. <br />Commissioner Marcoplos said he is curious about the penalty related to the 5 -year <br />statute; asking what would be the penalty if the County went beyond the five years. <br />John Roberts said there is not a specific penalty, but statutorily any taxpayer could then <br />sue the County if the Board voted to grant a refund outside the 5 -year time frame, and each <br />member could be liable for the refund amount. <br />Commissioner McKee asked if Tom ODwyer could be given additional time to speak. <br />Tom ODwyer said there is a discrepancy between Mr. Brinson's numbers and his own <br />numbers, and the tax office has omitted information. <br />Commissioner Jacobs asked John Roberts if it is the machinery act that governs this. <br />John Roberts said yes. <br />Commissioner Jacobs said the BOCC has put this act in it legislative agenda every year, <br />because it recognizes the unfairness of it. He said it is repeatedly turned down, and it is <br />beyond the Board's authority and purview. <br />Commissioner Price asked if this appeal was first brought to the County's attention in <br />2016. <br />Dwane Brinson said it was brought to his office in 2016. <br />A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to <br />approve statutorily supported refund for tax years 2012, 2013, 2014, 2015 and 2016 for the <br />property owned by Ms. Doris Tippens at 107 Boulder Lane, Chapel Hill. <br />VOTE: Ayes, 6; Nays, 1 (Commissioner Rich) <br />5. Public Hearings <br />a. Zoning Atlas Amendment: Conditional Zoning — Master Plan Development <br />Conditional Zoning District (MPD -CZ) Settlers Point <br />The Board continued to review, and receive additional comments on, the Settlers Point <br />Master Plan Development — Conditional Zoning (MPD -CZ) application. This item was heard at <br />the November 14, 2017 Quarterly Public Hearing and was referred back to the Planning Board <br />for additional review /discussion on the possible modification of several conditions and consider <br />the following Manager recommendations. <br />Michael Harvey, Current Planning Supervisor, said there were three items at the <br />Commissioners' places: <br />- the staff's PowerPoint presentation <br />- the Applicant's PowerPoint presentation <br />- a letter received by staff on January 19, 2018, from the Applicant indicating that they <br />accept all the recommended conditions associated with the approval of the master <br />plan development conditional rezoning project. <br />Michael Harvey said this item has 11 attachments, and highlighted attachments 3, 5, 6, <br />7, and 11. <br />BACKGROUND: <br />As the BOCC is already aware, a request has been submitted from Old NC 86 Partners LLC to <br />rezone approximately 195 acres of property: <br />