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