Loading...
HomeMy WebLinkAbout2024-09-11 BOER Minutes Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 MINUTES Orange County Board of Equalization and Review Meeting held on September 11, 2024 Board Members in attendance: Chair of the Board Leon Meyers Yes Regular Member Tony Blake Yes Regular Member Barbara Levine Yes Alternate Member Hunter Beattie No Alternate Member Vaughn Compton No Alternate Member Shannon Julian No Alternate Member Joy Mercer No Alternate Member Sarojini Salvi No Alternate Member Richal Vanhook No Orange County Staff in attendance: IL Office Assistant Jennifer Rigsbee Deputy Tax Assessor Chad Phillips Business Appraiser Karen Atwater Business Appraiser Christy Carden Meeting Schedule: Time PIN or Abstract Appellant Appeared Appeal Type 2:30 PM 1067067 CH Hotel LLC No Compromise of Listing Penalty 2:33 PM 3206489 GCP Applied Technologies No Compromise of Listing Penalty 2:35 PM 242199 DAC Awnings No Compromise of Listing Penalty 2:37 PM 34666 Matthew Bostian DDS No Compromise of Listing Penalty 2:39 PM 3196816 Blues on Franklin No Compromise of Listing Penalty 2:41 PM 9769731917 John Gallagher Yes Value 2:46 PM 9788612160 Waheed Haq No Value 2:52 PM 1049123 Radius Pizzeria & Pub LLC No Compromise of Listing Penalty 2:56 PM 199392 University Ford Inc. Yes, via Compromise of Listing phone Penalty 3:02 PM 9798384228 Karen Swanson Yes Value Time By Meeting called to order 2:30 PM Leon Meyers Meeting adjourned 3:26 PM Leon Meyers Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Related meeting notes: Chad Phillips provided an informational item to the Board Members related to the 2025 schedule. The Clerk to the Board of County Commissioners has requested that as the Board members adopt the schedule, they should approve both pre and post adjournment meeting dates. Both schedules should include a motion. Mr. Phillips told the Board that currently,the plan is to adopt both at the convening meeting of 2025. Property Identification: Property Owner CH Hotel LLC Appellant(if different) Property Address Business Personal Parcel ID or Abstract 1067067 Property located at 400 Market Street Ste 115 Statement of Appeal: Request compromise of taxes in the amount of$1,481.16 for listing penalty. Current Assessed Value N/A County Opinion Applied listing penalty of $1,481.16 Time of Hearing 2:30 PM Appellant Opinion Compromise of taxes for $1,481.16 in listing penalty County Representative Christy Carden Board Decision Grant full compromise of $1,481.16 in listing penalty Evidence submitted by the appellant: • The accountant's personal postage meter was set for 1/29/2024 however it was received in the Tax Office on 2/5/2024. The accountant was unaware that it was required to have a USPS post mark date stamp. Due to history of filing timely,they are requesting waiver of penalty. Evidence submitted by the county representative: • The extension request letter was denied by our office due to not having a valid USPS postage date stamp. Office postage meters aren't acceptable sources of date stamps. • The taxpayer does have history of filing timely and paying taxes timely. • The amount the taxpayer is requesting to be compromised is$1481.16 in late list penalty. • Appeal Letter • Extension Letter Request • Tax Bills Motion of the Board Compromise the entirety of the$1,481.16 listing penalty Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Property Identification: Property Owner GCP Applied Appellant(if different) Technologies Property Address Business Personal Parcel ID or Abstract 3206489 Property located at 219 Guthrie Avenue Statement of Appeal: Request compromise of taxes in the amount of$131.10 for listing penalty. Current Assessed Value N/A County Opinion Applied listing penalty of $131.10 Time of Hearing 2:33 PM Appellant Opinion Compromise of taxes for $131.10 in listing penalty County Representative Christy Carden Board Decision Grant full compromise of $131.10 in listing penalty Evidence submitted by the appellant: • The extension request was timely however it was sent to an incorrect address. The mailing address used was: Orange County Assessor's Office PO Box 808 Jackson NC 27845-0808 Dated 1/23/2024 Evidence submitted by the county representative: • The taxpayer provided a copy of the extension request once it was realized the extension didn't make it to our office in March due to incorrect mailing address. • The Business Personal Property listing form was submitted on March 18,2024 which would have been timely with an approved extension. • The account has been active for two years and they have listed timely and paid timely previously. • Appeal Letter • Extension Letter Request • Tax Bills Motion of the Board Compromise the entirety of the$131.10 listing penalty Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Property Identification: Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Property Owner DAC Awnings Appellant if different Property Address Business Personal Parcel ID or Abstract 242199 Property located at 6709 Mt. Herman Church Road Statement of Appeal: Request compromise of taxes in the amount of$90.53 for listing penalty. Current Assessed Value N/A County Opinion Applied listing penal of$90.53 Time of Hearing 2:35 PM Appellant Opinion Compromise of taxes for$90.53 in listing penalty County Representative Christy Carden Board Decision Grant full compromise of$90.53 in listing penalty Evidence submitted by the appellant: • CPA for DAC Awnings notified them in May that it didn't appear they had completed the 2024 Business Personal Property listing form.Upon reviewing the files,DAC Awnings office manager couldn't find where they ever received the listing form in January. DAC Awnings is requesting compromise of the late listing penalty, as they had no intention of not completing the listing and no changes in assets would have kept them from listing. Evidence submitted by the county representative: • DAC Awnings contacted our office in May to request a copy of the 2024 tax listing. They did indicate at that time they did not receive the original mailing. Upon receipt of the listing form they completed the listed and resubmitted back to our office on 5/13/2024. Historically they have listed timely, exceptions would be in 2017 they didn't list until the fall and in 2018 they listed a day late. • Payments have always been made timely. • Appeal Letter • Extension Letter Request • Tax Bills Motion of the Board Compromise the entirety of the $90.53 listing penalty Made the motion Barbara Levine Seconded the motion Tony Blake Voted For Leon Meyers Voted Against Property Identification: Property Owner Matthew Bostian DDS Appellant(if different) Property Address Business Personal Parcel ID or Abstract 34666 Property located at 101 Conner Drive, Suite 403 Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Statement of Appeal: Request compromise of taxes in the total amount of$46.86 due to listing penalties resulting from audit discoveries for tax years 2022-2023. The listing penalties were$22.99 for 2022 and $23.87 for 2023. Current Assessed Value N/A County Opinion Applied listing penalties of $46.86 Time of Hearing 2:37 PM Appellant Opinion Compromise of taxes for$46.86 in listing penalties County Representative Christy Carden Board Decision Grant full compromise of$46.86 in listing penalties Evidence submitted by the appellant: • An audit was conducted on the account, and it was found that assets had been previously under reported. Due to the listing deadline of January 31 sometimes the information is not always 100%accurate.We approved the value of assets however we are asking for one time consideration of abatement of penalties. Evidence submitted by the county representative: • Dr. Bostian's office was randomly selected for audit that was conducted by our third party vendor,Tax Management Associates. There were some discoveries issued for under reported Machinery and Equipment assets. The discovery penalties are automatically billed each year they were not assessed. • 2023 20%penalty which equals$23.87. • 2022 30%penalty which equals$22.99. • Dr. Bostian bought the practice in 2021. Listings have previously been submitted timely in January and tax bills have been paid timely. • Appeal Letter • Discovery Letter(which includes penalty) • Tax Bills Motion of the Board Compromise the entirety of the $46.86 listing penalties Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Property Identification: Property Owner Blues on Franklin Appellant(if different) Property Address Business Personal Parcel ID or Abstract 3196816 Property located at 110 West Franklin Street Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Statement of Appeal: Request compromise of taxes in the total amount of$1,592.27 due to listing penalties resulting from audit discoveries for tax years 2021-2024. The listing penalties were$704.80 for 2021, $448.83 for 2022, $230.44 for 2023 and$208.20 for 2024. Current Assessed Value N/A County Opinion Applied listing penalties of $1,592.27 Time of Hearing 2:39 PM Appellant Opinion Compromise of taxes for $1,592.27 in listing penalties County Representative Christy Carden Board Decision Grant full compromise of $1,592.27 in listing penalties Evidence submitted by the appellant: • I am writing to ask you to reconsider the discovery penalties assessed on our business,Blues Grille LLC dba Blue's on Franklin. • In recent years, our family lost 4 immediate family members. The stress of handling their estates and dealing with the impact on my family led to health issues which prevented me from focusing on the business. In addition,businesses in downtown Chapel Hill have struggled since COVID as the town transitions to a new plan for parking and appeal to visitors/customers. • For these reasons I would ask that you approve my appeal of the following penalties: 2024 Discovery Penalty--$208.20 2023 Discovery Penalty--$230.44 2022 Discovery Penalty--$448.83 2021 Discovery Penalty--$704.80 Evidence submitted by the county representative: • Blue's on Franklin St. started in the county in August 2020 with first Business Personal Property listing slated for January 2021. In 2023 when our records indicated we had not received a listing,we authorized an audit to be conducted by our 3rd party vendor CTSI(we often use this vendor to work with taxpayers who had not previously listed with the county). CTSI was unable to connect with the owner so they used a like business search to arrive at values that would be consistent with same businesses in our jurisdiction. Audit was completed and discovery values were submitted for 2023-2021. 2024 the account wasn't listed so the discovery value from 2023 was used again in 2024 for valuation. The taxpayer is asking for compromise of the penalties for 2024-2021 which would be total of$1,592.27 • Appeal Letter • Tax Bills Motion of the Board Compromise the entirety of the$1,592.27 listing penalties Made the motion Barbara Levine Seconded the motion Tony Blake Voted For Leon Meyers Voted Against Property Identification: Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Property Owner John Gallagher Appellant(if different) Property Address 1019 Russell's Ford Road Parcel ID or Abstract 19769731917 Statement of Appeal: Request a reduction in value due to discrepancies of the dimensions on the current property record card. Current Assessed Value $473,249 County Opinion $375,249 Time of Hearin 2:41 PM Appellant Opinion Not Provided County Representative Chad Phillips on Board Decision $375,249 behalf of Bill Hiltbold Evidence submitted by the appellant: • The property owner has measured the entire residence with the addition and found the dimensions are different from tax records. Evidence submitted by the county representative: • A site visit was conducted of the home and around the outside including the fenced back yard. It was found that outside dimensions had indeed been incorrect for many years. Previous area labels remain unchanged. After recalculation the total finished area corrected from 3,911 sq. ft. to 3,133 sq. ft. • It was also discovered that the ceiling height of the second floor of the original farmhouse to be one inch short of 7 feet and therefore cannot be considered standard living space. It is proposed to add a functional 10%depreciation to the building to account for the low ceiling. • Photos • Current property record card • Proposed property record card Motion of the Board Accept the County's revised value of $375,249 Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Property Identification: Property Owner Waheed Haq Appellant(if different) Property Address 506 Otey's Road Parcel ID or Abstract 9788612160 Statement of Appeal: Request a reduction in value based on the valuation of adjacent lots indicating the subject lot is overvalued on a value per square foot basis. Current Assessed Value 1 $715,900 1 County Opinion $700,000 Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Time of Hearing 2:46 PM Appellant Opinion $575,900 County Representative Chad Phillips on Board Decision $700,000 behalf of Roger Gunn Evidence submitted by the appellant: • The land assessed value is incorrect. The adjacent lots are calculated at much lower rate than the subject lot. They have assessed values between$5.89 per square foot and$9.72 per square foot. However,the subject lot has been assessed at$13.12 per square foot even though it has a significantly lower appeal based on location and other factors. Evidence submitted by the county representative: • All properties in the subject neighborhood are valued at$320,000 per lot with adjustments to value made to properties with significantly larger or smaller than typical lot sizes as was with PIN 9788518063 in the appellant's spreadsheet. Based on a size basis,it is felt that the subject's .61 acre lot is equitably valued at$320,000 with the majority of lots in the appellant's spreadsheet as well as with a same sized parcel 9788515246 and.52 acre parcel 9788513193 and.55 acre parcel 9788513340,none of which were included in the appellant's spreadsheet. • However,when comparing the subject lot to adjacent .69 acre parcel 9788611008 on the appellant's spreadsheet,we find that the lot for parcel 9788611008 is only valued at$288,000 reflecting a-10%adjustment for backing to Fordham Boulevard and being subject to highway road noise. Considering the subject is similarly situated, it is the County's recommendation to apply the same-10% adjustment to the subject's land value,thereby reducing the subject's land value from$320,000 to$288,000. • Upon inspecting the subject on September 3, 2024,Bill found the finished area was understated by 318 square feet due to finished area over the garage not being included. he also found that the subject only contained 4 bedrooms instead of 5 and the construction grade was slightly high at B+05 compared with the adjacent homes on parcels 9788611008 and 9788612237,which both have a construction grade of B. After making these building adjustments,the building value would be increased from$395,900 to $412,000. • Photographs of subject property • Current property record card for subject • Map highlighting subject property and properties discussed in County's Position • Proposed property record card for subject Motion of the Board $700,000 Made the motion Barbara Levine Seconded the motion Tony Blake Voted For Leon Meyers Voted Against Property Identification: Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Property Owner Radius Pizzeria&Pub Appellant(if different) LLC Property Address Business Personal Parcel ID or Abstract 1049123 Property located at 112 North Churton Street Statement of Appeal: Request compromise of taxes in the amount of$530.75 for listing penalty. Current Assessed Value N/A County Opinion Applied listing penalty of $530.75 Time of Hearing 2:52 PM Appellant Opinion Compromise of taxes for $530.75 in listing penalty County Representative Karen Atwater Board Decision Grant full compromise of $530.75 in listing penalty Evidence submitted by the appellant: • The business is seeking relief of the penalty on the personal property tax bill. The owner had to care for her father and stepfather who were in the hospital earlier this year. During this hard time, she forgot to mail in the form and did not realize the mistake until notified of the late filing. The business is going through a rough time, and it would help a great deal if they did not have to pay the $530.75 penalty fee.We appreciate the help in this matter. Evidence submitted by the county representative: • The business did have an extension in place to allow for filing the Business Personal Property listing form by April 15,2024. However,the listing was received July 3,2024. As this was after the deadline,the penalty was applied to the account for 2024 property tax billing. • The history of the account shows that since 2014 they have listed on time, except for tax year 2015. The taxes have always been paid on time, including the 2015 penalty. • Appellant email of appeal • 2024 Business Personal Property listing form • 2024 personal property tax bill Motion of the Board Compromise the entirety of the$530.75 listing penalty Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Property Identification: Property Owner University Ford Inc. Appellant(if different) Bryce Hopkins Property Address Business Personal Parcel ID or Abstract 199392 Property located at 102 Ephesus Church Road Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Statement of Appeal: Request compromise of taxes in the amount of$231.97 for listing penalty. Current Assessed Value N/A County Opinion Applied listing penalty of $231.97 Time of Hearing 2:56 PM Appellant Opinion Compromise of taxes for $231.97 in listing penalty County Representative Karen Atwater Board Decision Grant full compromise of $231.97 in listing penalty Evidence submitted by the appellant: • Mr. Hopkins recently joined the business as CFO and is still acclimating to the responsibilities associated with the role. Being new in the role,he encountered some challenges in adhering to the filing requirements and deadlines which led to an unintended delay in the submission of the tax documents.With sincere apologies,please be assured he is now fully aware of the procedures and deadlines and has taken steps to ensure that all future filings will be made promptly and is committed to preventing any recurrence of such issues. Considering these circumstances,he kindly requests the understanding and consideration of the Board in waiving penalties and appreciates the cooperation, assistance,time and attention to the request. Evidence submitted by the county representative: • The 2024 Business Personal Property listing form of University Ford Inc was received August 5,2024 with an accompanying appeal letter to request the penalties be waived. • Looking over the history of the account,the listings were filed late in 2023 and 2022,by a party other than Mr. Hopkins. The taxes for those years, including penalty,was paid timely. • The history as far back as 2011 shows the listings for tax years 2011 through 2021 were filed timely and taxes paid timely. • Appeal Letter • 2024 Business Personal Property listing form • 2024 property tax bill Motion of the Board Compromise the entirety of the$231.97 listing penalty Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Property Identification: Property Owner Karen Swanson Appellant if different Property Address 47 Oakwood Drive Parcel ID or Abstract 19798384228 Statement of Appeal: Request a reduction in value based on the condition and age of the home. Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 Current Assessed Value $437,900 County Opinion $394,600 Time of Hearin 3:02 PM Appellant Opinion $327,855 County Representative Chad Phillips on Board Decision $339,500 behalf of Bill Hiltbold Evidence submitted by the appellant: • The condition of the home remains in the same condition as to before the 136 square foot addition. This additional space was added to a bedroom and two additional closets were made. The home's interior mostly remains in the same 1950's state with the original kitchen, bathroom, living room, dining room and two bedrooms. The three most recent sales prior to the January 2021 revaluation on my street were 40 Oakwood Dr. sale price, $305,000, 1980 sq. ft., 31 Oakwood Dr. sale price$350,000, 1383 sq. ft., and 2 Oakwood Dr., sale price$319,000, 1486 sq. ft.A broker's appraisal supports an appraised value of$327,855. • The appellant received a notice dated April 19,2024,that there was a change to the valuation of the home for 2024. This is the second Notice of Value Change that the appellant received this year because of an addition that was added 2023-2024. There have been no changes/alterations/remodeling to the home since the prior January 2024 Notice of Value change, so it is unclear why the tremendous increase in property appraised value. The increase raises the cost per square foot to substantially more than the neighboring homes on the same street. • The home only has two full bathrooms,while it is listed as having 3 full baths. This change has been noted directly on the Spatialest website to update this mistake. Effective year built is listed as 2020. The property was in its original build state when purchased in 2019. • At the hearing,the appellant stated to the Board: 1. That she received more than one value notice and is still unaware of her value. 2. That she emailed the appraiser,and received no response. 3. That she requested the value that was to be presented to the board and it was not provided to her. 4. That she was told that she would not be permitted to speak to the board at the hearing. The appraiser was not in attendance to address these statements made by the appellant. Evidence submitted by the county representative: • It is proposed to change the grade from B+05 to B-05,the effective year built from 2020 to 2010,the full bath count from 3 to 2 and open porch to screen porch. Total property value would change from$437,900 to $394,600 for tax year 2024. • Photos • Current property record card • Proposed property record card • An additional spreadsheet, for informational purposes,was provided to the Board at the time of the hearing. The spreadsheet included all the qualified sales that occurred during the time period reviewed for the 2021 revaluation values. Since the county's proposed changes were centered around grade and EYB,this information was provided for each of the sales. The subject property and two of the comparables were highlighted in the spreadsheet. Also included were a few values that would be arrived at if the Board decided to make further changes to the building grade and effective year built. o Grade B-10 and Effective Year Built 2000=Value$370,000 o Grade B-15 and Effective Year Built 1990=Value$346,700 Docusign Envelope ID:0776C7AB-OEE6-4D95-94E7-C84FDD4E6E17 o Grade B-15 and Effective Year Built 1985 =Value $339,500 Motion of the Board $339,500 Made the motion Tony Blake Seconded the motion Barbara Levine Voted For Leon Meyers Voted Against Chair of the flaqQ4pigned by: Leon Meyers LOfi57F15A3C6Il4FF 9/18/2024 Recording SecreL,,4gJennifer RigsbeeA 9/19/2024