NPTR: Village League - Alert #135 - Questions Anyone?
Maryanne Ingemanson/Vicki
mingeivlt at yahoo.com
Wed Jun 13 14:10:12 PDT 2007
Alert # 135
Village League
Tax Revolt and Reform
June 13, 2007
QUESTIONS ANYONE?
You bet! There are lots of questions and none of the government officials seem keen about answering them. So, we will tell you what we know and also what we just perceive to be happening.
The latest move by the Washoe County Assessor was to propose a settlement agreement to the State Board of Equalization on May 17, 2007. It had been preceded the day before by a settlement discussion meeting to which we had been invited by Washoe County. Deputy District Attorney Terrence Shea, Washoe County Treasurer Bill Berrum, his assistant Lisa Mitchell, Assessor Josh Wilson, Attorneys Suellen Fulstone and Norman Azevedo; and Todd Lowe and Maryanne Ingemanson, who were representing the Village League were in attendance at the hearing. Noticeably absent were County Manager Katy Singlaub or any of the County Commissioners.
The settlement discussion had been represented to us prior to the meeting as an effort to come to a global resolution of the entire property tax situation. However, the first words that we heard from Attorney Shea, representing the County, was that the only discussion item was to be the roll-back and refunds for just the 300+ appellants victories that were won by the Village League before the County Board of Equalization in March 2006; however, nothing was to be discussed about the 9000 properties for whom the Village League had, also in 2006, won the same victory; or any of the other pending legal actions.
When questioned by Todd Lowe as to why we were not going to be discussing a global settlement, as had been the original intent, County Attorney Shea said that he didnt have the authority to do that. Maryanne Ingemanson then asked him who did have the authority and he answered that he didnt know!!
STATE BOARD OF EQUALIZATION HEARING
At the State Board of Equalization hearing the next day, it immediately became apparent that the members of the Board had been thoroughly briefed as to what the County intended for them to do, which was try to force us to accept the Countys proposal. Attorney Fulstone stated that she would have to get direction from each of her clients as to what they individually desired, and could not agree to anything until that was accomplished. Attorneys Hall and Azevedo accepted the settlement for their respective clients, and have sent letters to those folks which imply that the lawsuits are over. Unfortunately, that is far from the actuality
The settlement proposal that was presented was a roll-back for just the 2006 tax values, for only the 300+ appellants, to the 2002 tax year; however, that amount would then be increased by 8% in 2005 and then that amount would then be increased by another 2% for 2006. (The fact that the 3% tax cap would have reduced the 2005 year to 3% instead of 8% was not given any consideration.) The final number, of course, would be less than what the Village League won for every property in Incline Village and Crystal Bay before the County Board of Equalization in March 2006.
When the members of the Village League Board and our Attorney were analyzing the actual results of all of these machinations later, we found numerous discrepancies in the figures that were presented by the County Assessor and the County Treasurer. Attorney Fulstone requested, in writing, some clarification from the County Attorney, which was not forthcoming. On behalf of the League I requested some clarification from the County Treasurer and the County Assessor as well.
Following is the letter that I received in return:
2006-2007 SBOE SETTLEMENT PROPOSAL
Dear Ms. Ingemanson;
In reply to your e-mail request of June 8, 2007...
The figures released at the mediation meeting held a few weeks ago in the Assessor's Conference Room, were estimates based upon certain assumptions of value for the purpose of arriving at a mutually agreeable solution for the SBOE to consider...and as the SBOE's scope of authority is limited to determining property value...any additional refund and interest calculations at this time would be premature. The next set of calculations from this office will be compliant with the final resolution of this specific issue in front of the SBOE.
Respectfully,
Bill Berrum, Washoe County Treasurer
As is apparent, the settlement in our opinion, is a moving target and is designed to prolong any real finality to the Tax Revolt. Attorney Shea had also telephoned our Attorney, Suellen Fulstone prior to the State Board hearing to say that any settlement proposal would have to be confirmed by the County Commissioners, which further affirmed our concerns.
The good news is that we feel that the County is only making settlement noises because they feel that they are close to finally LOSING this incredibly long and difficult fight.
LEGAL SITUATIONS
Our 2004-2005 cases that were appealed by the County Assessor are now before the Nevada Supreme Court and will have been fully briefed and ready for a ruling by the end of the month; and the decision that will be made by the Supreme Court on our Writ of Mandamus should be forthcoming in the very near future. PLEASE keep us in your thoughts for a favorable ruling on that one. It is a hugely important piece to this ever more convoluted tax situation.
We have sent letters to the 300+ taxpayers who were the subject of all of this maneuvering, requesting that when they do get their refunds and interest, they consider donating 10% to the Village League, (which is tax deductible), so that we can continue to monitor the activities of the Washoe County Assessor, the County Commissioners, the Washoe County Treasurer and any other elected officials to protect the lower tax values that we have won.
Hopefully, all of you will pledge to join us in this effort so that the Village League will remain a force that has to be recognized. There are approximately 18,000 voters in our little hamlet! We want to make sure that the full power of their vote is realized by any officials running for elected offices.
A Form is attached for your convenience to help us determine our budget and plan for the future. Thank you for taking a moment of your time to fill it out and send it to the following address:
Village League
1165 Vivian Lane
Incline Village, Nevada 89451
Once again, our great appreciation for your continued support and confidence.
Sincerely,
Maryanne Ingemanson
Maryanne Ingemanson, President
Village League to Save Incline Assets Board Members:
Maryanne Ingemanson, President, Ted Harris, Tax Revolt Committee Chairman,
Les Barta, Law Research, John Carney, Analyst, Wayne Fischer, Webmaster,
Todd Lowe, Financial Analyst, Dale Akers, Historian, and Chuck Otto, Public Relations
Village League to Save Incline Assets, Inc. an approved non-profit organization
FEIN 88-0399029
1165 Vivian Lane - Incline Village, Nevada 89451 - telephone 775-831-4011 - fax 775- 831-0325
Email mingemanson at charter.net
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