BOARD OF ASSESSORS CHATHAM COUNTY, GEORGIA

Transcription

1 BOARD OF ASSESSORS CHATHAM COUNTY, GEORGIA Regular Meeting - November 2, :39 A.M. Members Present: M. J. Jerry Hogan, Sr., Chairman Kenneth Jayroe, III, Vice Chairman Jackie Sommers Patricia Stringer Others Present: Gary B. Udinsky, Chief Appraiser/Receiver of Returns Sheryl Snider, Deputy Chief Appraiser Kathy Wilkes, Deputy Chief Appraiser Donna McCoy, Senior Appraiser Harold Copeland, Senior Appraiser Steve Corcoran, Senior Appraiser Jay Boaen, Senior Appraiser Lesha Lanier, Personal Property Auditor Emily Vinke, Personal Property Auditor Mark Thomas, Appraiser Brian Grant, Appraiser Monica Middleton, Appraiser Carol Osborne, Administrative Assistant Jeffery Rayno, Commissioner Elect Other Member Information: Tammy Cox, absent. Mr. Sommers moved to approve the minutes of the October 19, 2000 as corrected. Mr. Jayroe seconded. The motion passed with a unanimous vote. County Commissioner Elect Jeffery Rayno Mr. Rayno requested to address the BOA concerning inquiries (see attached) made by property owners. James Daly, Sr Mr. Mark Thomas is the appraiser handling this property. Based on his review and interior inspection, it was the appraiser s opinion that the fair market value should be $101,500. The appraiser suggested that the appellant go the BOE if the $101,500 value was still not an acceptable value.

2 Page Two Susan Mullins Ms. Mullins had a BOE value in 1998 which she contends should be frozen. Ms. Stringer stated that there is no reason to deny her request. Mr. Sommers moved to honor the freeze for two years. Ms. Stringer seconded. Mr. Udinsky explained that this motion is contrary to the action plan which the BOA adopted. Mr. Sommers insisted that Ms. Mullins value should have been frozen. Mr. Jayroe questioned what caused the change in value and is the change going to be just for this property owner or all property owners that fall in this category. Mr. Hogan stated that the change should be for all, not just one. Mr. Sommers indicated that since the law was in effect in 1998, the value should be frozen. At this time, Mr Rayno added a few words on behalf of the property owner. Mr. Hogan suggested tabling this item because he wanted more information. Ms. Stringer, at this time, read the letter from the county attorney which she thinks addresses this issue. Mr. Jayroe agrees with Mr. Hogan, but also feels that a policy should be established. Mr. Sommers moved to change the policy back to include tax year Ms. Stringer seconded. The motion failed with Mr. Hogan and Mr. Jayroe voting negatively, and Ms. Stringer and Mr. Sommers voting affirmatively. Ms. Stringer suggested that the board not go back beyond She stated that she asked the Chief Appraiser for information that she did not receive, information he refused to give her and that she considers that insubordination. Mr. Sommers said that any BOA member should be able to ask for information. Mr. Udinsky advised that Ms. Stringer s allegations have no basis in fact. Mr. Hogan stated that this issue would be tabled until the next meeting. Ms. Stringer wanted to go on record saying that all data necessary to make a decision on this matter was available at the meeting. Elbert Brown The issue with this property was incorrect square footage. This property was converted to CAMA, and this error was discovered and corrected through the appeal process in the same year. Although this property is one of a group of condos, Mr. Udinsky pointed out that data is collected on each property as an individual property. Mr. Rayno s letter questioned the validity that there are numerous floor plans in terms of square footage located on this property. Ms. Stringer wanted the record to reflect that portion of Mr. Rayno s letter. Staff did not pursue areas that Ms. Stringer believed to be relevant to this issue. Ms. Stringer wanted

3 the record to also reflect that this is another example of staff having ample time to research a request and it was not thoroughly done. Mr. Rayno then asked why some values were decreasing, and some values were increasing. Mr. Udinsky responded to Ms. Stringer and Mr. Rayno by saying that he answered the questions directly asked by Mr. Rayno at the direction of

4 Page Three Mr. Hogan. Mr. Sommers moved that this issue be tabled because more information is needed. Mr. Jayroe seconded. The motion passed with a unanimous vote. Edna Jackson - Homestead Exemption Mr. Sommers moved that the homestead on Ms. Jackson s property on Walthour Road be removed, and that this issue be sent to the District Attorney s (DA s) office to prosecute as he sees fit. Ms. Stringer seconded. The motion failed with Mr. Hogan and Mr. Jayroe voting negatively, and Ms. Stringer and Mr. Sommers voting affirmatively. Mr. Sommers gave some background on the issue of Ms. Jackson s homestead exemption. Mr. Hogan did not agree with going to the DA s office. He felt that is was politically motivated and we should just remove the homestead. Mr. Jayroe moved that the homestead on Ms. Jackson s property on Walthour Road be removed for the years in question. Mr. Hogan seconded. The motion passed with Mr. Jayroe and Mr. Hogan voting affirmatively, and Mr. Sommers and Ms. Stringer abstaining from the vote. Mr. Sommers moved to refer this issue to the District Attorney for advice. Ms. Stringer seconded. The motion failed with Mr. Jayroe and Mr. Hogan voting negatively, and Mr. Sommers and Ms. Stringer voting affirmatively. Real and Personal Property 21 Day Change of Value Notices Mr. Sommers moved to approve all 21 Day notices (see attached) as presented. Mr. Jayroe seconded. The motion passed with a unanimous vote. Ms. Stringer asked about the Gateway Properties. Mr. Hogan asked questions concerning depreciation on the property owned by Mr. McNairy and Mr. Downing. Ms. Stringer asked why depreciations factors are not caught. It was explained that the appraiser is not always afforded the opportunity to do an interior inspection until the appeal stage.

5 Page Four Real and Personal Property Change of Value Notices Current Year (additions and corrections) Ms. Stringer moved to approve all Change of Value notices - current year (see attached) as presented. Mr. Jayroe seconded. The motion passed with a unanimous vote. Real and Personal Property Change of Value Notices Prior Year (additions and corrections) Mr. Jayroe moved to approve all Change of Value notices - prior years (see attached) as presented. Ms. Stringer seconded. The motion passed with a unanimous vote. Real Property Exemption Requests Rehabilitated Historic Hamilton - Turner LLC Mr. Sommers moved to accept staff recommendation and approve, effective TY1998, this rehabilitated historic preferential assessment (final certification) in the amount of $815,000 and a fair market value of $920,000 (sales price $815,000 10/1997). Mr. Jayroe seconded. The motion passed with a unanimous vote. Real Property Exemption Requests Other South Congregation of Jehovah s Witness A - Mr. Sommers moved to approve, effective TY2000, this exemption request. Ms. Stringer seconded. The motion passed with a unanimous vote. Port Wentworth Penecostal Holiness Church Mr. Sommers moved to approve, effective TY2000, this exemption request. Ms. Stringer seconded. The motion passed with a unanimous vote. Forest City Lodge No A - Mr. Sommers moved to deny, effective TY2000, this exemption request because exemption of a headquarters facility available only to dues-paying members is not such as could be said to be of a purely public charitable use when it is a headquarters available only to those who pay dues. Ms. Stringer seconded. The motion passed with a unanimous vote.

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7 Page Five Superior Court Appeals Consent Agreements Mr. Sommers moved that staff enter into a consent agreement with Lauren D. & Mary Ellen Sprague to settle their 1999 Superior Court appeal as follows: $210,000 Ms. Stringer seconded. The motion passed with a unanimous vote. Mr. Sommers moved that staff enter into a consent agreement with Edmund and Gladys Hill to settle their 1999 Superior Court appeal as follows: $600,000 Ms. Stringer seconded. The motion passed with a unanimous vote. Mr. Sommers moved that staff enter into a consent agreement with Felton C. Farrar to settle his 1999 Superior Court appeal as follows: $227,000 Ms. Stringer seconded. The motion passed with a unanimous vote. Certify Appeals to the Board of Equalization Ms. Stringer moved to certify appeals to the Board of Equalization as presented (see attached). Mr. Jayroe and Mr. Sommers seconded. The motion passed with a unanimous vote. Current Board of Equalization Decisions Ms. Stringer moved that no action be taken. Mr. Jayroe seconded. The motion passed with Ms. Stringer, Mr. Hogan, and Mr. Jayroe voting affirmatively and Mr. Sommers voting negatively. Mr. Hogan stated that he has no confidence in the BOE. Ms. Stringer suggested that the BOA get their business corrected before attempting to correct the BOE s business. Mr. Sommers made mention that some of the changes made by the BOE were large changes. Mr. Sommers requested that staff use the same format when they prepare background information.

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9 Page Six Reconsideration of Board of Assessor s Appeals to Superior Court Mr. Hogan apologized for the manner in which he handled these appeals at the last BOA meeting. Mr. Hogan moved to withdraw all 19 appeals (see attached) previously appealed to Superior Court. Mr. Jayroe seconded. The motion failed with Ms. Stringer and Mr. Sommers voting negatively, and Mr. Jayroe and Mr. Hogan voting affirmatively. It was suggested that some BOA members may have spoken with appraisal staff prior to the meeting concerning these appeals. Mr. Jayroe as well as Mr. Hogan stated adamantly that they did not speak to anyone prior to the meeting. Mr. Sommers and Ms. Stringer asked questions about trending in reference to parcel Mr. Sommers moved to reconsider the BOA appeals to Superior Court. Mr. Jayroe seconded. The motion passed with a unanimous vote. Mr. Sommers moved to withdraw these 19 appeals from Superior Court. Mr. Stringer seconded. The motion passed with a unanimous vote. Certify Appeals to the Superior Court Mr. Sommers moved to certify all appeals to Superior Court (see attached) with the exception of Martha Blackstock. Ms. Stringer seconded. The motion passed with a unanimous vote. Mr. Jayroe moved to withdraw the Superior Court appeal on Martha Blackstock. Mr. Jayroe withdrew his motion. The BOA took a recess at 10:44 A.M. The BOA reconvened at 10:54 A.M. This item has been deferred to the next meeting. The Landings Yacht Club - Hogan

10 Page Seven Correcting Errors - Assessments Notices Subsequent to the Original Notice Ms. Snider gave the board some background on this issue. Basically, direction is needed on how to deal with correcting errors such as when an improvement is placed on the incorrect parcel and the property owner does not file an appeal and it is clearly an error. Ms. Stringer reminded the board and staff of statements made at prior meetings that addressed this very issue. She then stated that Ms. Snider s example described an error of fact. Ms. Stringer believes that clerical errors should be corrected, but properties should not be reappraised. Mr. Udinsky gave an explanation of the code section (see attached) that deals with what is a clerical error. Mr. Jayroe gave examples of how he defined clerical errors. He then stated that the law should be used in favor of the taxpayer. It was decided that this item would be tabled until a response could be obtained from Larry Griggers. Board of Equalization TY1999 Appeals With Multiple Decisions Mr. Udinsky presented the board with the list of multiple hearings. Mr. Sommers asked if staff had received the response from the county attorney concerning multiple hearings. Mr. Udinsky answered that we had not yet received a response. Mr. Sommers requested that staff ask again for the county attorney s opinion. Ms. Stringer asked which office was responsible for the data entry of the BOE decisions. Mr. Udinsky responded by asking Carol Osborne who entered the decisions for TY1999. Ms. Osborne responded with the appropriate names, including her own. Ms. Stringer stated that she did not want to know who entered the decisions, but what office was responsible for the data entry. Ms. Stringer stated that she found regrettable errors in the information and that it is the responsibility of the Chief Appraiser to keep records in order. Ms. Stringer thinks that these errors should have been discovered earlier. Ms. Stringer stated that she feels obliged to read materials and go to the supporting files and that she is tired of finding errors.

11 Page Eight Mr. Jayroe indicated that he thought is was good to look into these things, but it needs to be brought to the board as a policy or action plan. He also stated that staff should not be hammered. Mr. Hogan wanted the record to show that he felt as though Ms. Stringer implied that BOA is not doing their job and that she is having to go behind the scenes and that he strongly disagreed. It was asked that the reasons for multiple appeals be put in writing. Mr. Sommers indicated that the BOA took part in the multiple appeals because staff attended the hearings. Mr. Udinsky stated that staff was sent a letter to appear. He also indicated that if he is given direction by the BOA, he will do as instructed. It was also stated that these multiple decisions were handled based on the instructions given, by the BOA, at the time. It was then decided that this item should be tabled until the opinion from the county is received. Compensatory Time Compensation - Sommers Mr. Sommers gave some background. He stated that, in his opinion, mandatory comp hours must be paid and that this comp time on the books is a problem because it is against county policy. Mr. Sommers moved to have each employee polled on a private statement concerning how many mandatory comp hours that each employee has earned and whether they would like to be paid for all mandatory comp hours and get paid for all of the ghost hours. Ms. Stringer seconded. Mr. Jayroe stated that he was not wanting to be confrontational, but he was not voting on any items in section III (Board Member items) of the agenda because they are member items not BOA items and that maybe agenda items should go through the board chairman. Mr. Jayroe also indicated that he felt that there was some counter-active activities being done that was expending county resources because a few board members are representing their actions as BOA actions. Mr. Sommers stated that Mr. Jayroe is just in the practice of rubber stamping. Mr. Sommers indicated that he spoke with Michael Kaigler concerning this matter and that Mr. Kaigler was scared to death because the County Commission may not have been aware of what was going on with this mandatory overtime.

12 Page Nine Mr. Udinsky asked Mr. Sommers if Mr. Kaigler informed him that our office made him aware of what was being done with the overtime hours. Mr. Sommers indicated that he was not told about that in the meeting that he and Ms. Stringer had with Mr. Kaigler. Mr. Sommers insists that the employees should have been paid for this mandatory overtime. Mr. Sommers wants the employees to be polled to see if they want to be paid or keep their time. In an effort to make the motion clear, Mr. Hogan stated that the employees should be polled first to see what they want to do with their time, then if they wanted to be paid, take whatever steps necessary to facilitate this action. Mr. Sommers withdrew his motion and Ms. Stringer withdrew her second. Mr. Sommers then moved that the employees be polled privately to determine if they wanted to keep their overtime or be paid for it. Mr. Jayroe seconded. The motion passed with a unanimous vote. Before the meeting adjourned, Mr. Hogan commented that it is obvious that the board is split. He then announced that he wanted the board to have a 8-hour workshop, which by law would have to be an open meeting. He wants everyone to be headed in one direction. Mr. Jayroe moved that the meeting be adjourned. Mr. Sommers seconded. The motion passed with a unanimous vote. Mr. Hogan adjourned the meeting at 11:57 A.M. M. J. Jerry Hogan, Sr., Chairman Gary B. Udinsky, AAS Secretary