Minutes 06-04-19 Regular Meeting

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10 John Guibert said he and his wife are here for a property tax refund. He said he received a call from staff today that they would be recommending a denial of this request. He said this was a surprise because they had thought it was going to be approved. He asked if it fair or legal to tax people for property they do not own. He said the property they do not own belongs to Lake Orange, Inc. He said Lake Orange, Inc. has been charged with that tax since the 1976, and he and his wife have been charged since they moved there in 2002, which is double taxation. He said he and his wife discovered this issue last year, and County staff has been aware of this situation for a long time. He said staff told him to conduct and file a new survey, which he did. He said staff accepted the survey, and he is requesting a refund of taxes for the past 5 years, which is the longest amount possible, per the statute of limitations. Dwane Brinson, Tax Administrator, said the deed on this property conveys the area between 615 and 620, and the issue all along has been that staff cannot determine where the 615 and 620 line is. He said Lake Orange is taxed on 43-50 acres between the 615 and 620 lines, but staff has never known where these lines are. He said to correct the issue, property owners are being asked to get a new survey to prove the boundaries of the land. He said the Guiberts have had a survey completed, and once the public record is corrected, the files can be updated. He said the Guibert's property was updated in February 2019, and property tax is as of January 1, 2019. He said the issue is corrected, but staff cannot support going back 5 years retroactively to pay these refunds. John Roberts said the land records do not demonstrate clear ownership, and create a lapage issue (overlapping and conflicting ownership claims). He said this could be clarified through a quiet title action, possibly through some extensive title work between the landowners around Lake Orange and Lake Orange, Inc. He said he has been unable to justify retroactive repayment of taxes pursuant to statute. Judith Guibert said it is important to remember that Lake Orange has been paying taxes on this property also, which is double taxation. Commissioner Marcoplos asked if there have been similar issues with other property owners in the same area. Dwane Brinson said yes, several families have provided updated surveys, and staff has updated the records moving forward; but none going back retroactively. John Roberts said the Guiberts did provide a survey, and it showed a new property line for them, but only shows an access easement on the other side, as opposed to a different landowner. John Guibert said a detailed survey was filed in February 2019, which was accepted by County staff. He said staff had an opportunity to resolve this back in the 1980s, but did not. He said what he has submitted is accurate and he is seeking a refund from 2014. John Roberts said it does show a new line, but it shows an easement instead of ownership. Commissioner Dorosin asked if, going forward, these folks will not get taxed on this property. Dwane Brinson said that is correct. Commissioner Dorosin asked if the Guiberts use the land, maintain it, etc. John Guibert said egress and ingress, and pays a recreational fee to Lake Orange, Inc. to get to the lake, and Lake Orange, Inc. retained ownership of the strip of land between his property and the lake. He said he knew he did not own the land, but he did not know he was being taxed on it. Commissioner Dorosin asked Dwane Brinson if both parties have paid taxes on this land. Dwane Brinson said staff has been unable to determine this, and has never known the location of the 615/620 line around the Lake. He said Lake Orange, Inc. has been taxed