NPTR: Alert 194: Point - Counter Point with Washoe County Manager

[Wayne Fischer]

POINT – COUNTER POINT WITH
WASHOE COUNTY MANAGER

ALERT: #194
DATE: January 15, 2009
TO: Incline Village & Crystal Bay Property Owners
FROM: Village League Tax Revolt Committee

Dear Incline Village & Crystal Bay Property Tax Protesters,

Following are communications between Katy Simon, Washoe County Manager and Maryanne Ingemanson, President of the Village League.  Reading these two email messages will give you more insight into our challenges trying to come to an equitable resolution settling our property tax revolt issues with Washoe County.

Sincerely,

Wayne  Fischer

Wayne Fischer, Webmaster
Village League to Save Incline Assets
www.NevadaPropertyTaxRevolt.org


POINT

From: Simon, Katy
Sent: Wednesday, January 14, 2009 12:31 PM
To: mingemanson at charter.net
Cc: Shea, E. Terrance; Lipparelli, Paul A.; Creekman, David; Wilson, Josh G. (Assessor)
Subject: FW: NPTR: Alert 192: Possible Breakthrough!!

Dear Ms. Ingemanson,

Good afternoon.  I am following up on my email to you from last Thursday.  We are still hoping to have a clarification from you regarding the purpose of your meeting with me on January 22.  Again, if you are hoping to discuss some new settlement ideas that you think I am empowered to offer, we did not want to waste anyone's time.  The settlement that we offered previously, that is, that all property owners who properly filed an appeal and had one of the improper methodologies applied to their property, was and is the only settlement we can offer, and I believe all those cases have been disposed of and refunds are being computed for distribution.

Neither the Board of County Commissioners, nor the DA's Office, nor myself have any authority under law to settle the remaining question of law, which is whether people who did not properly file appeals and who did not have any of the offending methodologies applied to their property have any right to enjoy some reduction of their property tax obligation.

I would be most grateful if you would let us know the purpose of your meeting with me, so that we are properly prepared.  If it was for the purpose of discussing possible settlements, please note that there is nothing new, and has been nothing new for months.

Thanks,
Katy Simon


COUNTER POINT

From: Maryanne Ingemanson
Sent: Wednesday, January 14, 2009 9:02 PM
To: 'Simon, Katy’; ‘Keven MacMillan’; 'Chuck Otto'; 'Dale Akers'; 'John Carney'; 'Les Barta'; 'Suellen Fulstone'; 'Todd Lowe'; 'Wayne Fischer'
Cc: 'Shea, E. Terrance'; 'Lipparelli, Paul A.'; 'Creekman, David'; 'Wilson, Josh G. (Assessor)'; 'John Breternitz'; 'James Settlemeyer'; 'Townsend Randolph'; 'Kelly J. Chouinard'
Subject: RE: NPTR: Alert 192: Possible Breakthrough!!

Dear Ms. Simon,

You have made it quite clear that you have no intention of attempting to settle the outstanding cases involving Washoe County and the Incline Village and Crystal Bay taxpayers.  Even so, a meeting between opposing parties often can have beneficial results. I feel that it is unfair to call our scheduled meeting, in advance, a “waste of time”. In any event, I don’t mind “wasting my time” in such an endeavor and I am puzzled by your obvious reluctance to meet with county residents even to discuss the situation.

Although your statement, that neither the “Board of County Commissioners, nor the DA’s Office, nor myself have any authority under law to settle the remaining question of law…” is technically accurate, it is seriously misleading.  None of us, other than the courts, have the authority to "settle" the "law".  No one is asking you or other County employees or the members of the County Commission to "settle" the "law."  The issue here is the settlement of pending lawsuits involving the County and it is preposterous to suggest that the County Commissioners are somehow helpless to do anything under those circumstances.  Under NRS 244.165, the County Commission has the express authority to control the prosecution or defense of all lawsuits where the county is a party.  The Nevada Supreme Court has said that this statute authorizes the County to settle cases. (Clark County v. Lewis, 88 Nev. 354 (1972).)  You yourself have undoubtedly been in attendance
 at numerous meetings of the County Commission where settlements of pending lawsuits were agendized, discussed and approved or rejected. In fact, in your capacity as County Manager, you have undoubtedly recommended that the Commission approve or reject such proposed settlements.  Clearly, the County is not precluded by a "lack of authority under law" from settling the pending tax cases; it simply refuses to do so.  

As a result of the County's refusal to address or correct the Incline Village/Crystal Bay property tax issue for the last six years, the cost to refund the over-paid taxes, as directed by the courts, is already in the millions of dollars. To have corrected these problems when they were first presented would have cost the County $55,000.  This is, on its face, fiscal mismanagement.  It remains to be seen whether that mismanagement of the public's money will be continued or whether  sincere efforts will be made to resolve the remaining issues.  The Incline Village/Crystal Bay taxpayers have been and remain willing to make such efforts.

If you plan to cancel our January 22nd meeting, please let me know immediately.  

Maryanne Ingemanson, President
Village League to Save Incline Assets, Inc.

---------------------------------

Village League to Save Incline Assets Board Members:
- Maryanne Ingemanson, President
- Dale Akers, Historian
-Les Barta, Law Research
- John Carney, Analyst
- Wayne Fischer, Webmaster
- Todd Lowe, Financial,
- Chuck Otto, Public Relations 


Village League to Save Incline Assets, Inc.
Non-Profit Corporation - FEIN 88-0399029
1165 Vivian Lane, Incline Village, NV 89451
Phone: 775-831-4011, Fax 775-831-0325
www.NevadaPropertyTaxRevolt.org

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