Controversy brewing over tax resale process

Controversy arose at the May 8, 2017 Commissioner’s Court meeting when Culberson County Appraisal District (CCAD) Chief Appraiser Chello Gonzalez recommended that the County re-auction a property located at 101 Leon Street.   The issue at hand is the fact that the Appraisal District already has a proposal in hand following its usual procedure for selling properties that have been “struck off” the tax rolls.  County Attorney Steve Mitchell offered a point of order, noting that the Culberson County Appraisal District has not taken action to recommend this change in the usual process, so any action by the Commissioners Court would be “premature.”   

Ordinarily, a property is offered for auction at a Sheriff’s sale when taxes have not been paid.  A base bid is established to cover the cost of the back taxes and fees.  If the property does not sell, the property is “struck off” the tax rolls and reverts to a taxing entity to be held in trust for all the taxing entities.  A person can then submit a proposal using the tax resale form provided by the CCAD to make an offer on the property.  The proposal is then forwarded to all the taxing entities involved to allow them to make a decision on whether or not to accept the proposal.  If the proposal is less than the base bid, all entities have to agree to accept the proposal.  If the proposal is equal to or greater than the base bid, only one entity has to approve the proposal.

The CCAD received a proposal greater than the base bid along with the funds to cover the purchase amount soon after the property was struck off the tax roll. However, the proposal has not been forwarded to the taxing entities for a decision.  Gonzalez stated that there have been many parties that have subsequently “expressed interest” which is why she is recommending that the property be re-auctioned.  But none of these interested parties have yet to put up the funds to make the purchase.  Mitchell expressed concern as to “why” the re-auction is being recommended.  He emphasized that this recommended procedure is wrong and premature and that the current procedures that have been in place for years should have been followed.  In the past, any post-auction offer for a struck-off property is forwarded to the taxing entities rather than being held by the CCAD.   The Court tabled the matter pending any recommended action by the CCAD Board of Directors.  (Note: The CCAD Board met May 9, and after consultation with its attorney also tabled the recommendation for the re-auction.)

Rita Carrasco, JP#1, reported that the conversion to the NetData software has been completed, with the County Auditor’s office set up to be able to monitor.  Each precinct has access to its own records, but NetData is working to allow the precincts to be able to view the cases filed in other precincts. Carrasco reported that the system went online on May 1 and that 22,503 past cases have been sent to collection.

Sheriff Oscar Carrillo requested that the Court modify the starting salaries for the deputies, noting that the salary scale that was previously adopted establishes the same entry level pay across the County.  This does not take into account the level of training/certifications required for deputies nor does it consider the inherent danger to the position.  Carrillo is having difficulty recruiting and retaining deputies since the base salary of $31,000 is well below the area salaries.  Carrillo offered the funds budgeted for an unfilled position to be used to cover the increased cost of raising the base salary for 3 deputies.  The Commissioners approved increasing all “low-end salaries” for deputies to a base salary of $36,968.50 beginning with the next pay period.  Carrillo also asked that department heads be allowed discretion is adjusting salaries based on certifications and extra duties.  The Commissioners agreed to look into this matter during the next budget cycle.

In other County business, the Court also

• Approved opening a new bank account and changes to signature cards.

• Approved an additional phone for JP#1.

• Approved agreement for Land Department, Inc. to copy the records in the County Clerk’s office.

• Renewed agreement with TAC for Affordable Care Act monitoring.

• Approved Utility Permit No. 17-005 for $16,121.20.

• Approved an agreement with El Paso Electric for private area lighting at the airport.

• Moved the June meeting to June 7.

• Amended Budget.

• Heard reports on County Projects.

• Approved monthly payroll and expenses for March.

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