Agenda - 09-05-2023; 8-a - Minutes

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21 1 Commissioner Richards said on page 31 the definition of special needs includes 2 disabilities, veterans, and homeless. She said she thought it would be for special needs that it 3 meant that definition. She said she is wanting to understand Commissioner Fowler's concerns. 4 Commissioner Fowler said her concern is that if they only reserve 1 unit in 200 for a person 5 with special needs, and they qualify for those points, it does not seem like it is getting at the intent. 6 She said this is just a yes or no and not how many. 7 8 A motion was made by Commissioner Richards, seconded by Commissioner Greene, to 9 approve and authorize the Chair to sign the resolution (Attachment 3) declaring eleven (11) 10 County owned parcels as surplus land for the purposes of affordable housing development. 11 12 VOTE: Ayes, 6 (Commissioner Richards, Commissioner Hamilton, Commissioner Portie- 13 Ascott, Vice-Chair McKee, Commissioner Fowler, Commissioner Greene); Nays, 1 (Chair 14 Bedford) 15 16 MOTION PASSES 17 18 7. Reports 19 None. 20 21 8. Consent Agenda 22 23 • Removal of Any Items from Consent Agenda 24 • Approval of Remaining Consent Agenda 25 • Discussion and Approval of the Items Removed from the Consent Agenda 26 27 Chair Bedford asked to pull item 8-d from the consent agenda. 28 29 A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to 30 approve the remaining consent agenda. 31 32 VOTE: UNANIMOUS 33 34 Regarding item 8-d, Chair Bedford said that the difference between clerical and appraisal 35 error seems unclear and unfair. 36 John Roberts said there are two cases reflected in the materials. He said that the 1992 37 case is from the Court of Appeals and says that an error of judgment is not an illegal tax. He said 38 the 1997 case says that a clerical error is not an error of judgement. He said that he sent an email 39 to the Board that points out the statute says they can issue refunds for taxes that were paid in 40 three situations, clerical error, appraisal error, and an illegal tax. He said that the two biggest 41 problems are if Board opens up all errors of judgment, they could have to review everything. He 42 said that is because no house is going to be an exact appraisal. He said they do not go into every 43 house and appraise it. He said that if the Board votes to grant a refund, that does not fit into the 44 category, then those Board members will be personally liable for that amount if a taxpayer of the 45 county challenged that decision. He said he understands there are issues with paying this based 46 on something that does not exist, but the law is very limited. He said that they are going to be 47 billed the correct amount going forward, but no way under current statute to award refund. 48 Commissioner Portie-Ascott said it is hard to understand that the appraiser writing 49 something incorrectly is not a clerical error and the property owner is harmed. She said it does 50 not feel right and she is still confused why it is considered a judgment issue.