HomeMy WebLinkAboutAgenda - 03-21-1995 - IX-B ORANGE COUNTY 1
BOARD OF COMMISSIONERS
Action Agenda
Item No :Qaa
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 21, 1995
SUBJECT: Board of Equalization and Review Schedule
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DEPARTMENT County Assessor PUBLIC HEARING YES NO X
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ATTACHMENT(S) INFORMATION CONTACT
Resolution Kermit Lloyd, ext 2101
TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To decide whether to adopt a resolution providing for the
appointment of a special board of equalization and review to hear 1995
property valuation appeals, or whether to have the Board of County
Commissioners sit as the Board of Equalization and Review for 1995.
BACKGROUND: North Carolina General Statutes 105-322 (a) specifies that
a county's board of equalization and review (E&R) shall be comprised of
the Board of County Commissioners unless the Commissioners adopt a
resolution to appoint a special board of equalization and review. The
Board needs to decide whether it will perform this function, or whether
it desires to appoint a special board.
Regardless of who comprises the E&R Board, that Board must hold its
first meeting no earlier than Monday, April 3, 1995, and no later than
Monday, May 1, 1995. Because this is a non-revaluation year, the E&R
Board should complete its duties on or before the third Monday
following its first meeting. As of the preparation of this abstract,
no taxpayers have submitted a formal appeal of their 1995 real property
valuation. However, it is possible that one or more taxpayers would
request an appearance before the E&R Board prior to its adjournment.
If the Board of Commissioners elects to serve as the E&R Board, one
possible schedule would be to meet briefly immediately before the April
3 regular Commissioners' meeting to convene the E&R Board. The BOCC
could then meet immediately preceding the April 18 regular
Commissioners' meeting to hear appeals, if any, and/or to adjourn the
E&R Board for 1995. On the other hand, because of the uncertainty
concerning appeals that could be filed and the extensive meeting
commitments that the BOCC already has, the Commissioners may prefer to
appoint a special board of equalization and review.
If the Commissioners opt for a special E&R Board, they must adopt a
resolution that shall provide for the membership, qualifications, terms
of office, and the filling of vacancies on the board. The Board of
Commissioners shall also designate the chair of the E&R board. The
resolution must be entered into the minutes of the meeting of the Board
of Commissioners and a copy forwarded within 15 days of adoption to the
North Carolina Department of Revenue. The statute also requires that
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the Board of County Commissioners fix the compensation and allowances
to be paid to members of the E&R board. The resolution would be
effective throughout 1995 unless sooner revised or rescinded.
In 1993 and 1994, to enhance the likelihood of assuring a quorum for
each meeting, the E&R board was comprised of three regular members and
two alternates. The alternates attended meetings, heard appeals, and
voted in the place of any regular member unable to attend a scheduled
meeting. Because the number of appeals is likely to be quite low in
1995, staff suggests that the Commissioners appoint only the three
regular members, should they opt for a special E&R board. Staff also
suggests that the Board of Commissioners fix compensation at the level
established in 1993 and 1994 - $75 per meeting attended, with the E&R
board chair receiving $100 per meeting attended. Funds to cover the
compensation for E&R board members are available in the Revaluation
Fund budget.
If the Commissioners decide to appoint a special E&R board for 1995,
staff can solicit applications from prospective E&R board members,
including those who served in 1993 and 1994; and schedule Commissioner
appointments to the special E&R board at the April 3 regular
Commissioners' meeting.
RECOMMNDATION(S) : The Manager recommends that the Board of
Commissioners decide between two options: ( 1) serve as the 1995 E&R
Board, or (2) adopt the attached resolution to appoint a special board
of equalization and review for the purpose of hearing 1995 valuation
appeals, and establish compensation for members of the E&R board at
$100 per meeting for the E&R board chair and $75 per meeting for other
E&R board members.
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ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A
SPECIAL BOARD OF EQUALIZATION AND REVIEW
WHEREAS, pursuant to North Carolina General Statute 105-322, the
Board of Equalization and Review of Orange County is presently composed
of the members of the Board of County Commissioners of Orange County;
and
WHEREAS, the Board of Commissioners of Orange County is authorized
to appoint a special Board of Equalization and Review to carry out the
duties imposed by North Carolina General Statute 105-322; and
WHEREAS, the Board of Commissioners of Orange County deem it
advisable to appoint a special Board of Equalization and Review and by
this resolution provide for the membership, qualifications, terms of
office and the manner of filling of vacancies on the special Board of
Equalization and Review;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The special Board of Equalization and Review of Orange
County is hereby created.
2. The Orange County special Board of Equalization and
Review shall consist of 3 regular members, each to serve
for a term beginning on the date of appointment and
continuing until this resolution is rescinded or revised.
3. Vacancies occurring and existing on the Orange County
special Board of Equalization and Review shall be
filled by the Orange County Board of Commissioners at
their next regular meeting after the occurrence of the
vacancies.
4 . Each member of the special Orange County Board of
Equalization and Review shall be a resident of Orange
County and have the statutory qualifications
necessary to hold the public office of County
Commissioner in Orange County. In addition the Board
of Commissioners of Orange County, in selecting
members of the special Board of Equalization and
Review, may consider:
a. The length of time a candidate has resided in
Orange County,
b. Whether and to what extent a candidate owns real
property located within Orange County,
c. Whether and to what extent a candidate is familiar
with the value of real property located within
Orange County,
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d. Whether and to what extent a candidate has had
formal education in real estate appraising,
e. The geographical composition of the special Board
of Equalization and Review within Orange County,
f. Any other matters that the Board deems
appropriate.
After the members of the special Board of Equalization and
Review of Orange County have been appointed, the Orange County
Board of Commissioners shall designate a chair of the special
Board.
This, the 21st day of March, 1995.