It seems the discussion between the Board and their lawyers during the last meeting was in response to my submitted comments prior to the meeting. Since I don't see that they've been posted by the Board, I am including them below for discussion. You will note that nowhere did I threaten to sue anyone. I have in the past said that if the Board takes any collection action against me based on this Notice, I will counterclaim against them, what choice would I have?
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I received the notice of assessment from the PASRD Board and have the following objections. My earlier comments sent to the Board and Directors over the last two years are also within the Noon, May 24, 2021 deadline and are also part of the record.
I'm in favor of paving. I'm happy to pay for it according to the County assessment and levy laws. For the following reasons I won't be paying this PSARD any property assessment unless and until I get a notice from the Deschutes County Tax Assessor or Tax Collector .
1. There has been no valid Panoramic Access Special District District election and there can be no valid assessment.
An SRD election which excludes district electors (registered voters) based on property ownership is prohibited by the Oregon Constitution as well as the ORS. The property owners' vote conducted by the Board excluded resident electors if they did not own property in the District. It was therefore not a valid SRD election, and the Notice of Assessment based on that invalid election has no legal effect, none.
2. There is no Panoramic property owners' association so the property owners' vote conducted by the Board has no legal effect on anyone. This is exactly what one Board member and road committee member/speculator were told in person by the County Assessor. A valid assessment requires either an SRD elector vote on an ad valorem assessment, an elector vote to form a Local Improvement District, or whoever wants to can pass the hat for voluntary contributions. The Board has simply refused to comply. In the process the Board has misspent District funds on a property owners' vote. The District's (our) misspent funds can hopefully be recovered under the District's E&O insurance coverage by the next Board.
3. Oregon statutes prohibit an SRD from either collecting or holding SRD assessments. Our property tax assessments may only be collected and held by Deschutes County.
4. Oregon statutes only authorize SRD property assessments on an ad valorem basis, (per thousand dollars of property value.) SRD lump sum assessments are not authorized nor permitted.
5. The current assessment is unfair. In addition to the few wealthy homeowners and unscrupulous speculators primarily driving this attempt to bypass a levy vote, there are many working families and retirees living in Panoramic for whom this assessment would be an unfair burden. The Board has expressed zero empathy for those families or the unfairness of this assessment. ("Well, maybe not everyone can afford to live here.") Indeed, not all can afford to cough up or finance the $6000 (or whatever the amount turns out to be, there is no contracted project cost, only a windage estimate.) The Board appears to have not taken that into consideration.
In light of all that, if I receive a notice or property tax statement from either the Deschutes County Assessor or Tax Collector that a paving assessment has been levied, I will gladly pay it and support the paving project. I will not be sending this Board any payment on this Notice of Assessment.
Sincerely,
Glenn Brown
I am glad you are willing to jump in and contribute. I hope you will run for my husband's position which ends this year. We personally are done. You want dirt roads - you got them. Sadly without more money this community will have dirt as roads rather than even good gravel. So, jump in and take over Glenn. Quit being just a whiner.