Title
a. Authorize the Clerk of the Board of Supervisors to process a request to refund $500.00 to Horan Lloyd offices which is a refund of the deposit for the preparation of written Findings of Facts for regarding Assessment Appeal Application No. A2015-00254, which was resolved via withdrawal on May 5, 2017; and
b. Authorize the Auditor/Controller to issue a refund in the amount of $500.00.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Authorize the Clerk of the Board of Supervisors to process a request to refund $500.00 to Horan Lloyd offices which is a refund of the deposit for the preparation of written Findings of Facts for regarding Assessment Appeal Application No. A2015-00254, which was resolved via withdrawal on May 5, 2017; and
b. Authorize the Auditor/Controller to issue a refund in the amount of $500.00.
SUMMARY:
On November 19, 2015, the Application for Changed Assessment Number A2015-00254 was filed in the office of the Clerk of the Board by Pamela H. Silkwood, representing El Sur Ranch. The attorney for the applicant submitted a $500.00 deposit for Findings of Fact at the time of filing the application. Pursuant Board of Supervisors’ order date July 31, 2001 and Rule 9 of the Rules of Procedure of the Monterey County Assessment Appeals Board (AAB), the AAB charges a fee of $125 per hour to cover the cost of writing Findings of Fact, if the matter goes to hearing and if Findings of Fact are requested; a deposit of $500 against the full cost is required prior to the close of the AAB hearing on the application.
DISCUSSION:
Prior to the hearing in this case, the applicant submitted a withdrawal, and hence, no hearing occurred and no Findings of Facts were prepared. Accordingly, the deposit must be refunded.
The Clerk of the Board of Supervisors has no authority to refund the fee, and therefore requests the Board to authorize the Auditor to refund the Findings of Fact deposit in the amount of $500.00 to Horan Lloyd offices.
OTHER AGENCY INVOLVEMENT:
County Counsel concurs with the recommendation for a refund.
FINANCING:
There is no financial impact to the Clerk of the Board’s budget. The fee was deposited to the County Counsel Department budget. Therefore, the refund would be paid from 001-1210-8057-COU001-5475.
Prepared by: Iracema Lopez, Board Clerk x5066
Approved by: Gail T. Borkowski, Clerk of the Board of Supervisors x5066
Attachments:
Receipt for payment of Written Finding of Facts fee