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7 <br /> <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 /> <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 /> <br />VOTE: Ayes, 6; Nays, 1 (Commissioner Rich) <br /> <br />5. Public Hearings <br /> <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 /> <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 />