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HomeMy WebLinkAboutAgenda - 04-21-2009 - 4eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 21, 2009 Action Agenda Item No. SUBJECT: Property Tax Releases DEPARTMENT: Assessor's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Resolution Spreadsheet INFORMATION CONTACT: John Smith, 245-2101 PURPOSE: To consider adoption of a resolution to release property values related to thirteen (13) requests for property tax release. BACKGROUND: The Assessor's Office is requesting approval to release property values related to thirteen (13) requests for property tax release. (see explanations on attached spreadsheet). General Statute 105-381(b), "Action of Governing Body" provides "upon receiving a taxpayer's written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct liability or notify the taxpayer in writing that no release or refund will be made". North Carolina law allows the Board to approve property tax releases for the current and four previous fiscal years. FINANCIAL IMPACT: Approval of these changes will result in a net reduction in revenue of $29,371.81 to the County, municipalities, and special districts for FY 2008/2009. The approval of this release will bring the total net reduction for FY 2008/2009 to $115,286.79. The Tax Assessor recognized releases and Property Tax Commission decisions can impact the budget and accounted for these in the annual budget projections. RECOMMENDATION(S): The Manager recommends the Board approve the attached resolution approving thirteen (13) property tax release requests in accordance with N.C. General Statute 105-381. NORTH CAROLINA ORANGE COUNTY RELEASE RESOLUTION (Approval) Whereas, North Carolina General Statutes 105-381 and/or 330.2(B) allows for the release of taxes when the Board of County Commissioners determines that a taxpayer applying for the release has a valid defense to the tax imposed; and Whereas, the properties listed in each of the attached "Request for Property Tax Release" has been taxed and the tax has not been collected: and Whereas, as to each of the properties listed in the Request for Property Tax Release, the taxpayer has timely applied in writing for a release of the tax imposed and has presented a valid defense to the tax imposed as indicated on the Request for Property Tax Release. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax release(s) are approved. Upon motion duly made and seconded, the foregoing resolution was passed by the following votes: Ayes: Commissioners Noes: I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Board of Commissioners for said County at a regular meeting of said Board held on said record having been made in the Minute Book of the minutes of said Board, and is a true copy of so much of said proceedings of said Board as relates in any way to the passage of the resolution described in said proceedings. WITNESS my hand and the corporate seal of said County, this day of 2009. Clerk to the Board of Commissioners RELEASE (GS 105-381) April 21, 2009 (Taxable) Value Rate Financial Property Name Map Ref Tract # Old Value New Value Difference Code Impact Description Reason for Adjustment Rebecca Gadell Acct 277595 2,000 0 -2,000 17 -29.11 Personal Release is for 2008. Illegal Tax Assessment of personal property (items of personal property owner provides in rented property for tenant... stove, oven, refrigerator) The owner moved back into the property for the entirety of 2008. Since owner-occupied, no assessment of personal property is warranted. Yarnell Hoffer Hardware Inc Acct 113392 29,709 0 -29,709 22 -607.44 Bus Personal Release is for 2008 Clerical Error Billed in error. Company had previously notified office of business closing. Old Mill Inc 4.27.E.15B 463612 75,112 22,806 -52,306 00 -554.97 Mobile Home Release is for 2008 Illegal Tax Land owner notified Assessor's office that the mobile home situated on the property actually belonged to someone else. _ Owner of mobile home is to be assessed. Old Mill Inc 4.27.E.15C 463613 74,765 22,808 -51,957 00 -551.26 Mobile Home Release is for 2008 Illegal Tax Land owner notified Assessor's office that the mobile home situated on the property actually belonged to someone else. Owner of mobile home is to be assessed. Idle Aire Technology Acct 286480 482,953 0 -482,953 22 -4,123.60 Bus Personal Release is for 2008 Clerical Error Business personal property was billed in the incorrect jurisdiction. Amended bill to correct jurisdiction completed. Jewel Investments 1.1..8G 173528 59,222 3,620 -55,602 15 -580.48 Land Release is for 2008 Illegal Tax NCGS 105-277.4 a1 allows for late ~l-' application for participation in the Present Use Value program. Jewel Investments 1.1..8H 173529 93,839 6,465 -87,374 15 -912.18 Land Release is for 2008 Illegal Tax NCGS 105-277.4(a1) allows for late application for participation in the Present Use Value program. Jewel Investments 1.1..8J 173530 91,839 5,472 -86,367 15 -901.67 Land Release is for 2008 Illegal Tax NCGS 105-277.4(a1) allows for late application for participation in the Present Use Value program. N M Newcomb LLC Acct 258113 272,880 0 -272,880 22 -5,660.82 Bus Personal Release is for 2008 Illegal Tax _ Business personal property sold in 2007 but for 2008 was billed to current owner and previous owner in error. Double assessed. Sandhills Foods Inc Acct129450 218,280 0 -218,280 22 -4,528.16 Bus Personal Release is for 2008 Illegal Tax Business personal property sold in 2007. Sandhill Foods should not have been taxed in 2008 University Photo & Video Acct 189440 155,876 0 -155,876 22 -3,233.58 Bus Personal Release is for 2008 Illegal Tax Business closed in 2007 and should not have been taxed for 2008. Ramshead Rathskeller Acct 240289 221,111 0 -221,111 32 -2,737.74 Bus Personal Release is for 2008 Illegal Tax Business closed in 2007 and should not have been taxed for 2008. David A Hibbert 7.118..78 765216 336,374 32,478 -333,896 02 -4,950.80 Residence Release is for 2008 Illegal Tax Property stradles the Orange/Chatham Co line. House has previously been taxed in Orange County, however, owner has now requested to be released to Chatham Co. -2,050,311 -29,371.81 NORTH CAROLINA ORANGE COUNTY RELEASE RESOLUTION (Approval) Whereas, North Carolina General Statutes 105-381 and/or 330.2(B) allows for the release of taxes when the Board of County Commissioners determines that a taxpayer applying for the release has a valid defense to the tax imposed; and Whereas, the properties listed in each of the attached "Request for Property Tax Release" has been taxed and the tax has not been collected: and Whereas, as to each of the properties listed in the Request for Property Tax Release, the taxpayer has timely applied in writing for a release of the tax imposed and has presented a valid defense to the tax imposed as indicated on the Request for Property Tax Release. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax release(s) are approved. Upon motion duly made and seconded, the foregoing resolution was passed by the following votes: Noes: I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Cazolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Boazd of Coommissioners for said County at a regular meeting of said Board held on ,~C 2 ~ 2~~, said record having been made in the Minute Book of the minutes of said Boazd, and is a true copy of so much of said proceedings of said Board as relates in any way to the passage of the resolution described in said proceedings. WITNESS my hand and the corporat e~ ¢`' ty, this Z Z day of ¢~ ~ 2009. $ ;~, ~~ y` ~;,, tr -~~~ ~~ 1~~_~~ ~ .. - ?i~~~. "~ G~ ~ Board of Commissioners ' ~'~'~ . .y,~~