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16 <br /> <br />Commissioner Bedford said it seems to her that the law has tied the hands of the County <br />staff, and the equitable solution is to refund the monies, and the other property owners along <br />Lake Orange should be alerted to consider having a survey completed, so that going forward <br />taxes would be lower. She said this strikes her as the right and just thing to do. <br />Michael Burton said the owners around Lake Orange are routinely contacted by Lake <br />Orange, Inc. for the dues that they pay to cross that area of land, basically informing them that <br />Lake Orange still claims that land. <br />Commissioner Bedford said she understands that, but when she receives her tax bill, <br />she does not know anything about the contours, etc. <br /> <br />A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to <br />approve the resolution denying the refund request based on consultation with the County <br />Attorney. <br /> <br />Commissioner Price said the wording in the proposed resolution is confusing. <br />Commissioner Dorosin said to amend the language to say the property tax refund is <br />denied. <br />Commissioner McKee accepted this amendment. <br />Commissioner Marcoplos agreed. <br />Commissioner Dorosin said he would vote against this resolution, and this is a matter of <br />equity and fairness. He said the County was unintentionally unjustly enriched. <br /> Commissioner Price said she does see the argument of double taxation, but she also <br />understands this is prevalent throughout Orange County, and once surveys are done, property <br />lines are being corrected. She said it is unfortunate that some of these property lines and plats <br />were recorded without the advantage of modern technology and good surveys. <br />Commissioner Marcoplos said this is a tough call. He agrees with much of <br />Commissioner Dorosin’s statements, but the County did not create these problems, and the <br />County should not be in the position of arbiter and money distributer every time a mistake is <br />made. <br />Chair Rich asked if these types of mistakes really are that prevalent. <br />Nancy Freeman said the revaluation process does correct any errors or issues with the <br />details of the home, but not with the land itself. She said the County is required to record a <br />survey and tax by it, and this can only be fixed by the landowner. <br />Bonnie Hammersley said the County would not know if this is a prevalent problem, and <br />this is an example of change in technology, and the County is getting better at looking at the <br />surveying as technology improves. She said her office and the tax administration office do not <br />challenge surveys, and during the revaluation process, staff is simply looking at value. She said <br />the County is not aware of a prevalence of these types of issues, but if staff is made aware of <br />such a situation, it will alert property owners. <br />Commissioner Price said many surveys were done years ago, when technology was not <br />as accurate. <br /> <br />VOTE: Ayes, 4 (Chair Rich, Commissioner McKee, Commissioner Marcoplos, and <br />Commissioner Price); Nays, 3 (Commissioner Bedford, Commissioner Greene, and <br />Commissioner Dorosin) <br /> <br />MOTION PASSES <br /> <br />Commissioner McKee asked if there is a reason why the parties themselves could not <br />handle this issue. <br />John Roberts said there is no reason, and is likely more appropriate.