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New!!-ALPINE DOCUMENTS / QUESTIONS
New!! GO: Saturday, May 15, 2010 ..St Thomas March
The March 15, 2010 March of STT/STJ/STC went well organized and presented. Sincere thanks to the organizers Sheri Meyers and Clarence Payne for inviting us to be a part of such momentous call to action!
Myrtle Barry
--- On Mon, 5/17/10, Lorelei <loreleivi@earthlink.net> wrote:
From: Lorelei <loreleivi@earthlink.net>
Subject: Re: Saturday's March
To: "Judith Kane" <judykane@earthlink.net>
Cc: "Myrtle Barry" <myrtlebarry@yahoo.com>
Date: Monday, May 17, 2010, 12:42 PM
Well said and I agree!
Sent from my iPhone
On May 17, 2010, at 8:14 AM, Judith Kane <judykane@earthlink.net> wrote:
> Good Monday Morning!
>
> That was a great day Saturday & I was proud and heartened to be part of it. Kudos to the organizers....and to the supporters who turned out!
> Definitely a very positive and hopeful FIRST STEP.
>
> Please excuse my more lengthy feedback. It is only in hope of carrying on the momentum that I dwell on points to consider (and they are only my personal suggestions - I may be way off base). What was accomplished was history making in the VI and I only want to see it come to fruition.
>
> 1. You have to keep the momentum going. This was an 'attention getter' for sure, and both the March and the Tax Rally on SJ attracted a great deal of interest. Things were said, the public agreed....lets not make the same mistake the politicians do...talk and no action.
>
> 2. Immediate, constant follow through is needed. The disorganized public was given a short-notice heads up that there are 'alternatives'. This is where you must not drop the ball. You have to strike while the iron is hot, and have another, more advertised event- even if it is only done separately on each island. So many did not know of the March, (or Tax Rally), and frankly, many more probably just took a 'wait and see' approach, let their neighbor do it, fluff it off as being of no-consequence just like every other protest/or meeting/or group solution. But you HAVE to swell your ranks with more people, and get them joining fast, so that the movement will keep momentum going, you'll grow your base, you can delegate more activities to folks that want to get involved (for instance, registering a neighbor to vote, hanging signs, being informed/educated so that they can talk about it at work in casual, but encouraging conversations, etc.
>
> 3. Now, an interested public has to KNOW HOW they can join in (for whatever reason), WHERE they go, WHO they contact, and what is coming up next. Example: we all went home 'charged up' by Tax Rally, had some more information, heard some possible solutions, told our neighbors . But in intervening weeks, we lose energy. On Friday I paid my WAPA bill and was delighted to see a print out of the Saturday March on counter in the office - but when I asked the 3 employees if they were going, they had NO IDEA what poster was about, or trying to accomplish. There was no explanation on the Xerox copy of the poster. Advertising has to be more specific, as do certain signs carried in March. You have to look at it from angle of what will be captured on film/photo - because you have no idea of what will appeal to media (usually the sensational or attention grabbing, in order to sell)
>
> 4. When an Organized Event is planned - get your info, and a print-out of your GOALS for the event (WHY you are having the event, what you hope to accomplish, some history, some contact numbers included for reporter to check facts AFTER the event). Do not rely on news people to get it all down on a notepad during the event, in the confusion, when everyone is talking off the top of their head. You can't control what will be written or filmed, but you CAN give a head's up that its important not to miss it, sort of direct their thinking to your point of view by providing them with written background, and then having salient points in printed copy for them to refer to when writing article, or doing voice-over for filming.
>
> 5. I watched 360 on CH 13 Sunday night and was disappointed in coverage (and program itself)...perhaps they had to go with what was already ready for the weekend programming, and the March may be covered in depth more in Sunday May 23 program? I would definitely get someone on that (see #4) so they can be interviewed and perhaps explain more correctly to viewing audience what was really going on during March, and what was true intent. The TV station should welcome the chance to film a piece as this story should carry more news worthy weight than swimming lessons segment they used.
> Monday's coverage in St. John Source was also poor, and the YouTube video really lacking in punch and message.
>
> 6. So many different groups were represented in March that perhaps it deflected a bit of the intended focus. On the one hand, the more different groups that you are trying to unite under a common banner, to give the common man a 'voice', will gain you the power and respect that comes from NUMBERS. This is an area that has to be worked with great care, not to inadvertently offend, or exclude. So careful thought must be given on how to include everyone that wants a voice, and to be represented. However, there needs to be some 'education' and some general guidelines to help achieve the maximum effect. Example: The March showed great numbers of supporters on the filmed footage - but it also reflected a carnival-like atmosphere, with twirling umbrellas, laughing and joking, even a political sign. So viewing audience is entertained, but not quite sure what it is all about. It is the culture and the history to March that way, perhaps - but a less tramp-like march, done sedately, accompanied by only conch calls (of great significance, and import), or a steady march beat from the drum line, with people marching in silence, almost funeral procession-like, would have had a greater IMPACT. Funeral-like silence would force you to pay attention because it is out of the usual - you'd read the signs, you'd see the faces seriously wanting change, you feel the SERIOUSNESS of the common man's plea - that things cannot go on like this, and certainly, certainly the legislators would be forced to see it for what it is - a groundswell movement from the bottom up, and it was rolling towards them. Party atmosphere just gives them the option to continue to divide and conquer us, let us blow off a little steam, throw us a sop, and continue on as usual.
> When I arrived back on SJ, there was the DeJongh Fish Fry for the Public at the old Subway. I wish we'd invited our travelers from STX to refresh themselves at THAT before going home!!!!
>
> Please don't take my comments in a hurtful way. I lack 'public relations skills' and usually express myself too bluntly, usually without thinking. But my feedback is NOT meant to be negative...I just want so much for you to succeed for the good of us all, that my feedback is more frustration than negativity. I want change NOW. I APPRECIATE the hard, slow leg-work you have all done on our behalf...all those meetings, all those long hours, and all behind the scenes, without thanks. That is just the reason I am zooming in with comments like the above - not to take over, not to criticize, just to provide other viewpoints, food for thought, options, etc. I just appreciate what you have given up of yourselves, to help US, and I do not want your sacrifice to be wasted, but our letting you down.
>
> RESPECTFULLY,
> Judy Kane
Wed, 4/21/10, Myrtle Barry <myrtlebarry@yahoo.com> wrote:
1. The 4-12-10 "The Truth About Our Property Tax" Rally was well presented and attended (200+). Sincere thanks to our sponsors and those who sacrificed the time to attend.
2. At the Rally Raymond Williams, Lt. Gov. Chief of Staff, assured us that the property tax receivables will not be sold to a third party interest.
3. Two days later (4-14-10) we testified against Bill 28-0227 proposed by Gov. deJongh. Section 2 stated "... the Governor may offer, by public or private sale, the Government's real property tax receipts collected for Fiscal Year 2007". Legal counsel interpretation confirmed that the 2007 property tax receivables for 2007 can be sold.
4. Act 7054 Section 5 authorized the government to secure bonds based on the property tax bills and gross receipt tax.
5. At the Rally representatives from the Lt. Governor's office stated that the 2006 bills will be issued in 7/10 and the 2007 bills will be issued in 12/10.
6. The bills will be issued at the 1998 level (assessed property and building value, rate and exemptions) per Act 7154. So, find your 1998 tax bill and make sure all tax bills paid since 1998 reflect the same figures. If you did not own your property in 1998, the previous owner's bill can be retrieved from www.vipropertyrevaluation.com or your Realtor may offer assistance.
7. It will take 4 years to catch up with collection. Also most property owners will not be able to pay their taxes. It is our position that the 2006, 2007, 2008 property tax bills be waived and the 2009 bill be issued at the 1998 level.
8. Jim Derr request that any one has filed a formal appeal over one year ago and has not received a decision from the Board of Tax Review, contact us.
Myrtle Barry
VIRGIN ISLANDS UNITY DAY GROUP, INC.
Alert! Alert! Alert!
YOUR real property is at stake!
Be present at the St. Thomas Legislature Chambers
on Tuesday, May 4, 2010 10:00 A.M.
Stand up to save your home and land!
Do not allow the government to sell your
property tax fund. Spread the word!
Bring everybody!
Governor to Sell 2007 Property Taxes to Third Parties –
You could Lose your Home!
At a Property Tax rally on Monday night, April 12th, the Lt Governor’s Chief of Staff – Mr. Williams - chastised St John residents for spreading rumors and misinformation because it was absolutely, positively, not true that the Government was planning on selling Property Tax bills to third parties.
On Wednesday, less than 48 hours later, the Legislature met to vote on Governor de Jongh’s request (dated March 4, 2010) to “Authorize the sale of the 2007 Fiscal Year Real Property Tax Receipts” to either public or private companies. This means a private company could own the 2007 Property Tax Receivables, and if the taxes are not paid or are late, they would be able to do whatever the law permits them to do to collect their money – including putting a lien on your property and even foreclosing on your land or house.
The VI Unity Day Group testified at the Legislature against sale of Property Taxes. During the session the Governor’s spokespeople insisted at various times that: 1) they really didn’t plan on selling the taxes; 2) they only meant to use the taxes as collateral; 3) the section involving Property Taxes would be deleted from the bill; 4) they found a cheaper way to borrow money which didn’t involve Property Taxes at all; 5) they would make sure the contract with the private company would not permit foreclosures. In spite of all those explanations and promises, the bill was tabled with the words unchanged – “The Governor may offer, by public or private sale, the Government’s real property receipts collected for Fiscal Year 2007”.
This bill is going to be voted by the Senate this Tuesday May 4th. If you do not want a Private Company in the position of taking away Virgin Island property please call/fax/email the Senators and tell them to delete all references to the sale of Property Taxes from Bill 28-0227. Virgin Islanders losing their land and homes is too serious an issue to play “I really meant something else”, “I didn’t mean it that way”, or “we would never let it happen” games. It needs to be deleted completely.
Here is a list of contact information for the Senators: (Note: Faxes have more impact than phone calls or email, and to make sure they hear you loud and clear, perhaps you should come to the Legislature on Tuesday at 10AM and tell them in person.)
Name ST Phone SX Phone Fax Email
Senator Craig W. Barshinger
693-3546
712-2307
693-3639
senator@barshinger.net
Senator Adlah Donastorg, Jr.
693-3515
-------------
693-3633
afd@legvi.org
Senator Carlton Dowe
693-3572
-------------
693-3660
cdowe@legvi.org
Senator Louis Patrick Hill
693-3616
712-2379
693-3635
lp_hill@yahoo.com
Senator Neville James
693-3573
712-2279
712-2384
njames3033@yahoo.com
Senator Wayne A. G. James
693-3600
712-2216
712-2376
wagj91461@hotmail.com
Senator Shawn-Michael Malone
693-3529
-------------
693-3642
smmalone1@yahoo.com
Senator Terrence Nelson693-3655712-2210712-2374 HYPERLINK "mailto:positive__1@hotmail.com" positive__1@hotmail.com (2 underscores)
Senator Usie Richards
693-3669
712-2281
712-2372
senatorrichards@hotmail.com
Senator Nereida Rivera-O’Reilly
693-3507
712-2291
712-3641
teamnellie@gmail.com
Senator Sammuel Sanes
693-3566
712-2310
712-2380
sammuelsanes@yahoo.com
Senator Patrick Simeon Sprauve
693-3513
-------------
693-3631
cbryan@legvi.org
Senator Michael Thurand
693-3618
712-2321
712-2242
senatormichaelthurland@msn.com
Senator Celestino A. White, Sr.
693-3567
-------------
693-3636
cwhite@legvi.org
Senator Alvin A. Williams, Jr.
693-3517
-------------
693-3634
alvinwil2@msn.com
THE TRUTH ABOUT OUR
PROPERTY TAXES
Winston Wells Ball Park
April 12, 2010
5:30 p.m. to 7:30 p.m.
Sponsored by: Virgin Islands Unity Day Group,Inc.
Our speakers will be as follows:
Jim Derr - Current status
Myrtle Barry - History/Analysis
Office of the Lieutenant Governor - Explination
The program will be broadcast live on WSTA radio station 1340AM from 6:00 p.m. to 7:00 p.m.
Questions can be submitted to viunitydaygroup@yahoo.com
See you there!
Myrtle
Please spread the word.
Governor de Jongh is kicking off his St John re-election campaign this Tuesday March 30 at the old Subway building in Cruz Bay - 6:30PM. Governor wants to get re-elected - he NEEDS us! What a great opportunity! Even if you have no intention of voting for him, why not tell him in person how you feel about Grande Bay, Property Taxes, Parking, or whatever else? Let him know how you rate his performance so far.
For maximum effect, have your comments prepared in advance, so you can quickly say your piece then hand him a letter to remind him later.
Your actions DO count!
Just last week, the Governor passed a bill allowing the tax assessor to issue the 2006, 2007, 2008 and future tax bills at the 1998 level until they comply with the 2003 injunction. We will not have to pay those inflated Bearing Point tax bills because of Myrtle Barry, Lorelei Monsanto, the VI Unity Day Group and all of the St John Property Owners who contributed to legal battle concerning the Bearing Point Assessment of our Property Values (THANK YOU!). By joining forces with the Bern Ice Plant lawsuit, the Senate and Governor were forced to obey the law and the VI Courts. Bravo! We won the first round! Since the Governments actions resulted in a financial of multiple past due tax bills, Mrytle has asked us to call for the Governor to waive some or all of the old bills. Why not tell him in person?
Last Friday, the Governor received the Grande Bay rezoning bill. He now has 10 days to say yes or no. Government House told me they recognize there is opposition to the Grande Bay rezoning because of your calls, faxes and emails. Why not tell him again in person?
Is St John worth a little of your time and energy? Wouldn't the Governor be surprised if he met informed residents demanding more than just free food and drinks?
Sincerely,
Pam Gaffin
3-3-10
To: Virgin Island Property Owners
STAND TOGETHER FOR THE GOOD
OF ALL PROPERTY OWNERS
We need our government to act now.
Since May 12, 2003 the District Court made provision for the tax assessor to issue property tax bills at the 1998 level until the government complied with the mandates of the injunction. The government neglected to issue property tax bills for three years creating financial hardship for property owners. Waive the 2006, 2007 and 2008 tax bills and issue the 2009 property tax bills at the 1998 level.
The office of the tax assessor has contacted the financial institutions of property owners and collected payments for the rescinded 2006 property tax bill. In response financial institutions immediately increased the monthly mortgage installment to property owners who are burdened with the eminent fear of loosing their homes. Contact the financial institutions and remove levy. Refund the all monies collected for the rescinded 2006 property tax bill.
Update the real property records in the office of the tax assessor with subdivisions filed with the office of cadastral and certificate of occupancy issued by the Department of Planning and Natural Resources
The $6.5 million dollar Bearing Point revaluation is seriously flawed. Delete the data base and formula from the property tax system and conduct a completely new assessment in accordance with IAAO (International Association of Assessing Officers) standards as stated in Section 7 paragraph (a) of Act 6991 passed by the 27th Legislature of the Virgin Islands.
The formula and rate for assessing real property tax must be comparable to the entire territory and district. Bearing Point’s base rate for houses on St. John is $360 per square foot, St. Thomas is $93 and St. Croix is $89. The base rate for land on St. John is $25.12 per square foot, on St. Thomas is $7.41 and St. Croix is $2.78.
Amend Act 6991. (a.) Seniors and Veterans should not have to choose which tax credit they cannot take when they are eligible for both. (b.) Give property owners whose assessments have increased over 125% from the previous year a 40% tax credits annually for 5 years. (c) It is unconstitutional to require tax payers to pay 50% of the difference of the previous bill and the new bill in order to appeal.
The following senators stood up for the people by voting against Act 6991on January 31, 2008. They are Sen. Neville James, Sen. Ronald Russell, Sen. Terrence Nelson and Sen. Juan Figueroa Serville. Voting for Act 6991 were Sen. Shawn-Michael Malone, Sen. President Usie Richards, Sen. Celestino White, Sr., Sen. Liston Davis, Sen. Carlton Dowe, Sen. Louis Hill, Sen. Norman Jn Baptiste, Sen. Basil Ottley Jr., Sen. Alvin Williams, Jr., and Sen. James Weber III. Sen. at Large Carmen Wesselhoft was excused. Now we have an unbearable situation.
Any formal appeal that the Board of Tax Review does not resolve within 120 days should automatically revert to the last uncontested assessed value.
Provide property owner with guide lines of what to expect and how to prepare for the formal appeals process.
Mass appraisal contracts ought to have provisions for recourse and compensation for flawed revaluations and useless work which must be exercised by the governor, lieutenant governor, attorney general, boards, tax assessor and involved parties.
Be transparent. Any decision made must encompass the general good of all Virgin Island property owners.
The Virgin Islands are already two districts. Three districts should not be created simply for assessment purposes. This is inconsistent.
In conclusion, a government “for the People, by the People” is what the Virgin Islands need.
The Virgin Islands Unity Day Group, Inc., a 501(c)4 non-profit organization.
Virgin Islands Unity Day Group, Inc.
P.O. Box 371
St. John, VI 00831-0371
viunitydaygroup.org
From the VI Daily News
Former director calls Tax Review Board dysfunctional, rife with conflicts
By JOY BLACKBURN
Tuesday, November 24th 2009
ST. THOMAS - An attorney who was fired recently after working two months as the executive director for the territory's Office of the Board of Tax Review has provided information to The Daily News that paints a picture of a dysfunctional office rife with personality conflicts and political ties.
Establishing a fully functioning Board of Tax Review is key to getting a court injunction against the collection of property taxes lifted.
Ongoing litigation in federal court - aimed at establishing a fair and equitable property tax system in the territory - has prevented the V.I. government from collecting property taxes at anything other than 1998 valuations until the injunction is lifted.
At this point, before the V.I. government can collect property taxes using new values and a new rate structure, a judge must determine that the territorial government has met several court-ordered conditions to improve the taxation system, including establishing a functioning Board of Tax Review.
The government has not collected property taxes since 2006 because of the injunction.
Finance Commissioner Angel Dawson hired attorney Chrys Rogers as executive director for the Office of the Board of Tax Review, which operates as part of Finance, on Sept. 14. The office is responsible for the administrative functioning of the board, running the day-to-day operations and organizing things so that the board can function.
Less than two months later, Rogers was fired.
Dawson would not comment on Rogers' employment termination. He disagrees with her contention that the office is dysfunctional, saying that he believes it is operating effectively, demonstrated by the board's ability to clear the backlog of cases it once had.
Rogers sees it differently. "I was brought on board to bring order to the office and to create an environment where when the injunction was lifted, we were prepared to handle any appeals that may come. From the first day coming on board, I was met with obstacles," Rogers said, adding that "most of those obstacles had to do with personnel."
Rogers contends that those issues included some employees who claimed they had connections to highly placed government officials. They did not respond to her directives displayed unprofessional behavior at times - including posting negative remarks about co-workers on an online social-networking site
"It was a chaotic environment. It didn't have to be. I think the chaos went to certain people feeling that they were above being managed - that they had ties that allowed them to do whatever they pleased," Rogers said.
When she came on board, she said, she was told that there were "various factions and political ties in the office," she said, adding, "I knew I had to tread lightly."
Because of those political ties, she kept Dawson informed on issues with those employees, rather than taking disciplinary actions against them herself, she said.
That situation made it extremely difficult for a manager, she says.
There was also confusion created, Rogers says, when the previous executive director, who had been moved to a different position in the Finance Department, stayed in the office for a week and then appeared at the Board of Tax Review meeting in his other capacity.
Rogers says that she believes that the allegations cited as the reasons for her termination are false and malicious. She says she also wants the office to be run effectively - which is key to the government being able to collect property taxes again.
"That is a very important office," she said. "If the injunction is lifted, the government of the Virgin Islands stands to collect in excess of $150 million. That is money the government can use."
Rogers says she took her position seriously and worked hard, despite the situation, and was taken aback by her abrupt firing.
Dawson, whose purview includes the Office of the Board of Tax Review and who sits as chair of the board itself, has a much different assessment of the office.
"I would say that things are going well, in the sense that we have essentially cleared up a backlog of cases," Dawson said, adding that he has not noticed the dysfunction in the office that Rogers claims.
He would not comment on her firing.
"It was an internal personnel matter that I will not comment on publicly," he said.
Less than two months after Rogers came on as executive director on Sept. 14, she was fired in a letter by Gov. John deJongh Jr. dated Nov. 12.
In his letter, deJongh referred to a letter from Dawson that outlines Dawson's reasons for recommending Rogers' termination.
"They included verbally abusing and alienating half of the employees working under your supervision. Your lack of sensitivity and inability to develop an 'esprit de corps' and teamwork among your direct reports has created an untenable situation," the governor wrote.
Rogers says that those claims about her managerial style "are so far from the truth."
Government House spokesman Jean Greaux said that the governor based his decision to terminate Rogers on the recommendation from Dawson and that Rogers simply did not meet Dawson's expectations.
Greaux said there was no basis in the suggestion that government employees with political ties are protected.
"Government House does not engage in protecting any employees," he said. "There is no protection of employees not only in this agency, but in general across the government."
Dawson said he stands on the board's record to demonstrate that both the Board of Tax Review and the office that keeps things running are functioning well.
"We have continued to whittle down the backlog and at the next meeting, we're going to be at zero," he said.
At the board's next meeting, scheduled for Dec. 2, the final 12 pending pre-2006 tax appeal cases will be heard, Dawson wrote in a prepared statement that he submitted to The Daily News after an interview.
Since late 2005, the board has cleared a backlog of more than 1,200 appeals, Dawson said.
He said that if Rogers felt that there were problems with certain employees, there were actions she should have taken.
"If she felt that way, it was her responsibility to follow through with progressive disciplinary action and that was not done," Dawson said.
Veletia Milligan, who is an administrative specialist at Finance, was named acting executive director for the Board of Tax Review after Rogers' termination, he said.
"We didn't miss a beat. We have somebody in place," Dawson said. "That is our reality."
Greaux said that, in general, the governor concurs with Dawson's view that the reduction of the tax appeals case backlog is evidence of a fully functioning board.
"The governor would like to see the day when there are no cases pending," he said. "I think the numbers cited by Commissioner Dawson speak for themselves."
- Contact Joy Blackburn at 774-8772 ext. 303 or e-mail jblackburn@dailynews.vi.
On July 8, 2009, Gov. de Jongh, Jr. filed his June 30, 2009 executive order #443-2009 recinding executive order #441-2009.
3. The September 11, 2008 District Court ruling and the June 16, 2009 3rd Circuit Court ruling both rescinded the 2006 property tax bill.
Myrtle Barry, Chairperson
Real Property Committee
VIRGIN ISLANDS UNITY DAY GROUP INC.
2006 From: Myrtle Barry <myrtlebarry@yahoo.com>
Subject: 7-1-09 Status Conference Summary
To: "Myrtle Barry" <viunitydaygroup@yahoo.com>
Date: Thursday, July 2, 2009, 11:34 AM
Good Day Everyone, (See Full News Story St. T. Source)
Sincere THANK YOU to the 52 St. John property owners who attended the status conference hearing! All seats were filled except the reserved seating. Lack of seats caused some to stand outside. Access into the court was a challenge. Special thanks to Madam President, Lorelei Monsanto, for her persistence and wit. Jim Derr took the time to address the St. John Property tax payers and answer questions. Special recognition to AARP and their show of support.
It was critical that St. John property owners show their support on since the court only scheduled Berne et. al. for the July 1st status conference. The court has now recognized the importance and emphasis of the V.I. Unity Day Group and the St. John property owners.
Jim Derr request that anyone who has an outstanding appeal prior to 2003 contact a.s.a.p. me.
JUDGE GOMEZ: Acknowledge both a motion filed by Derr to consolidate the cases and the motion filed by Jacobs to modify the injunction. The government has not yet issued an executive order rescinding the 2006 property tax bill.
JIM DERR: Derr moved the court to consolidate the VIUD case with the existing Berne case citing that both parties have complaints relative to the tax assessor. The VIUD complaints reference the revaluation and Act 6991. The revaluation has not been fully addressed. There needs to a full evidentary hearing on the Special Master's report. He needs to be examined. His report is unattested. It's hear say. We also want to depose Mr. Challenger and the Board of Tax Review regarding the descrepancies they testified of.
CAROLYN JACOBS: The Governor intends to rescind the 2006 property tax bill but the Lt.. Governor has not attested (signed) the executive order. Jacobs request that the 2003 District Court Injunction be modified. The government needs tax monies. Jacobs oppose the motion to consolidate the cases. Jacobs feel that in the Berne case only the Board of Tax Review remains to be heard and that the government has complied with the courts comtempt order. Moreover, Jacobs stated that no fees were incurred in the 3rd Circuit court. $100,000 has been deposited in the court appointed account.
JUDGE GOMEZ: August 15, 2009 deadline is set for all parties to file their request.
(PDF) Answer from the Government. I guess they decided not to fight on a Motion to Dismiss again: DOWNLOAD.
Taxes Due July 1
by Lynda Lohr
May 13, 2009 - The 2006 property tax bills are due July 1, Gov. John deJongh Jr. said in a news release issued Wednesday.
The governor issued an executive order setting the date.
According to the press release, the bills are delinquent if they're not paid by July 31. Property tax owners have until Aug. 14 to file an appeal.
In theory, those 2006 bills were due in 2007, but the government has been mired in a U.S. District Court case brought by a group of St. Thomas business owners who said the government unfairly taxes businesses in a different way than residential properties.
A 2000 decision in the case eventually resulted in a court-ordered property revaluation, but residents continued to pay property taxes based on the 1998 values. The government hasn't sent out any property tax bills since those issued for 2005Acting Tax Assessor Bernadette Williams said the 2006 bills are based on property values determined under the District Court revaluation.
The 2006 bills went out starting in August 2008, but former Tax Assessor Roy Martin said in November 2008 that residents should ignore the due date because of ongoing court issues.
As for the 2007 property tax bills, which in theory were due out in June 2008, Williams said they're being processed.
"We're hoping to have them out by August," she said.
And the 2008 bills, theoretically due out in June?
"Sometime next year," Williams said.
Williams referred questions about the still unsettled District Court case to Attorney General Vincent Frazer. He did not return a phone call requesting comment on how the government could send out the tax bills with the case unsettled.
The news that a due date was set for the tax bills didn't sit well with Myrtle Barry, who heads the St. John-based V.I. Unity Day Group's tax committee.
"There is still a court issue active. They're only permitted to issue bills at the 1998 level," she said.
She said there are still outstanding issues to be settled in the District Court case. Barry said they concern what she said was "flawed" revaluation process, the backlog at the Board of Tax Review and the fact that the Finance Department hasn't paid refunds on successfully appealed cases.
"Which it can't do because the appeals are not completed," Barry said.
The issue has been in and out of the courts for several years with filings on both sides of the 2000 District Court decision.
Additionally, the Unity Day Group filed suit in April 2008 in District Court because many St. John residents said the island's property revaluations are too high. The suit essentially asks that the Tax Assessor's Office start over with its property revaluation process and not assess or collect taxes until the situation is resolved. The suit requests temporary and injunctive relief.
Barry said that case is still pending.
--- On Thu, 7/2/09, M Barry or L Monsanto <viunitydaygroup@yahoo.com> wrote:
From: M Barry or L Monsanto <viunitydaygroup@yahoo.com>
Subject: Fw: 7-1-09 Status Conference Summary
To: "Myrtle" <myrtlebarry@yahoo.com>
Date: Thursday, July 2, 2009, 8:38 AM
--- On Thu, 7/2/09, Myrtle Barry <myrtlebarry@yahoo.com> wrote:
From: Myrtle Barry <myrtlebarry@yahoo.com>
Subject: 7-1-09 Status Conference Summary
To: "Myrtle Barry" <viunitydaygroup@yahoo.com>
Date: Thursday, July 2, 2009, 11:34 AM
Good Day Everyone,
Sincere THANK YOU to the 52 St. John property owners who attended the status conference hearing! All seats were filled except the reserved seating. Lack of seats caused some to stand outside. Access into the court was a challenge. Special thanks to Madam President, Lorelei Monsanto, for her persistence and wit. Jim Derr took the time to address the St. John Property tax payers and answer questions. Special recognition to AARP and their show of support.
It was critical that St. John property owners show their support on since the court only scheduled Berne et. al. for the July 1st status conference. The court has now recognized the importance and emphasis of the V.I. Unity Day Group and the St. John property owners.
Jim Derr request that anyone who has an outstanding appeal prior to 2003 contact a.s.a.p. me.
JUDGE GOMEZ: Acknowledge both a motion filed by Derr to consolidate the cases and the motion filed by Jacobs to modify the injunction. The government has not yet issued an executive order rescinding the 2006 property tax bill.
JIM DERR: Derr moved the court to consolidate the VIUD case with the existing Berne case citing that both parties have complaints relative to the tax assessor. The VIUD complaints reference the revaluation and Act 6991. The revaluation has not been fully addressed. There needs to a full evidentary hearing on the Special Master's report. He needs to be examined. His report is unattested. It's hear say. We also want to depose Mr. Challenger and the Board of Tax Review regarding the descrepancies they testified of.
CAROLYN JACOBS: The Governor intends to rescind the 2006 property tax bill but the Lt.. Governor has not attested (signed) the executive order. Jacobs request that the 2003 District Court Injunction be modified. The government needs tax monies. Jacobs oppose the motion to consolidate the cases. Jacobs feel that in the Berne case only the Board of Tax Review remains to be heard and that the government has complied with the courts comtempt order. Moreover, Jacobs stated that no fees were incurred in the 3rd Circuit court. $100,000 has been deposited in the court appointed account.
JUDGE GOMEZ: August 15, 2009 deadline is set for all parties to file their request.
Myrtle Barry, Chairperson
Real Property Committee
V. I. UNITY DAY GROUP, INC.
--- On Thu, 7/2/09, M Barry or L Monsanto <viunitydaygroup@yahoo.com> wrote:
From: M Barry or L Monsanto <viunitydaygroup@yahoo.com>
Subject: Fw: 7-1-09 Status Conference Summary
To: "Myrtle" <myrtlebarry@yahoo.com>
Date: Thursday, July 2, 2009, 8:38 AM
--- On Thu, 7/2/09, Myrtle Barry <myrtlebarry@yahoo.com> wrote:
From: Myrtle Barry <myrtlebarry@yahoo.com>
Subject: 7-1-09 Status Conference Summary
To: "Myrtle Barry" <viunitydaygroup@yahoo.com>
Date: Thursday, July 2, 2009, 11:34 AM
Good Day Everyone,
Sincere THANK YOU to the 52 St. John property owners who attended the status conference hearing! All seats were filled except the reserved seating. Lack of seats caused some to stand outside. Access into the court was a challenge. Special thanks to Madam President, Lorelei Monsanto, for her persistence and wit. Jim Derr took the time to address the St. John Property tax payers and answer questions. Special recognition to AARP and their show of support.
It was critical that St. John property owners show their support on since the court only scheduled Berne et. al. for the July 1st status conference. The court has now recognized the importance and emphasis of the V.I. Unity Day Group and the St. John property owners.
Jim Derr request that anyone who has an outstanding appeal prior to 2003 contact a.s.a.p. me.
JUDGE GOMEZ: Acknowledge both a motion filed by Derr to consolidate the cases and the motion filed by Jacobs to modify the injunction. The government has not yet issued an executive order rescinding the 2006 property tax bill.
JIM DERR: Derr moved the court to consolidate the VIUD case with the existing Berne case citing that both parties have complaints relative to the tax assessor. The VIUD complaints reference the revaluation and Act 6991. The revaluation has not been fully addressed. There needs to a full evidentary hearing on the Special Master's report. He needs to be examined. His report is unattested. It's hear say. We also want to depose Mr. Challenger and the Board of Tax Review regarding the descrepancies they testified of.
CAROLYN JACOBS: The Governor intends to rescind the 2006 property tax bill but the Lt.. Governor has not attested (signed) the executive order. Jacobs request that the 2003 District Court Injunction be modified. The government needs tax monies. Jacobs oppose the motion to consolidate the cases. Jacobs feel that in the Berne case only the Board of Tax Review remains to be heard and that the government has complied with the courts comtempt order. Moreover, Jacobs stated that no fees were incurred in the 3rd Circuit court. $100,000 has been deposited in the court appointed account.
JUDGE GOMEZ: August 15, 2009 deadline is set for all parties to file their request.
Myrtle Barry, Chairperson
Real Property Committee
V. I. UNITY DAY GROUP, INC.
--- On Thu, 7/2/09, M Barry or L Monsanto <viunitydaygroup@yahoo.com> wrote:
From: M Barry or L Monsanto <viunitydaygroup@yahoo.com>
Subject: Fw: 7-1-09 Status Conference Summary
To: "Myrtle" <myrtlebarry@yahoo.com>
Date: Thursday, July 2, 2009, 8:38 AM
--- On Thu, 7/2/09, Myrtle Barry <myrtlebarry@yahoo.com> wrote:
From: Myrtle Barry <myrtlebarry@yahoo.com>
Subject: 7-1-09 Status Conference Summary
To: "Myrtle Barry" <viunitydaygroup@yahoo.com>
Date: Thursday, July 2, 2009, 11:34 AM
Good Day Everyone,
Sincere THANK YOU to the 52 St. John property owners who attended the status conference hearing! All seats were filled except the reserved seating. Lack of seats caused some to stand outside. Access into the court was a challenge. Special thanks to Madam President, Lorelei Monsanto, for her persistence and wit. Jim Derr took the time to address the St. John Property tax payers and answer questions. Special recognition to AARP and their show of support.
It was critical that St. John property owners show their support on since the court only scheduled Berne et. al. for the July 1st status conference. The court has now recognized the importance and emphasis of the V.I. Unity Day Group and the St. John property owners.
Jim Derr request that anyone who has an outstanding appeal prior to 2003 contact a.s.a.p. me.
JUDGE GOMEZ: Acknowledge both a motion filed by Derr to consolidate the cases and the motion filed by Jacobs to modify the injunction. The government has not yet issued an executive order rescinding the 2006 property tax bill.
JIM DERR: Derr moved the court to consolidate the VIUD case with the existing Berne case citing that both parties have complaints relative to the tax assessor. The VIUD complaints reference the revaluation and Act 6991. The revaluation has not been fully addressed. There needs to a full evidentary hearing on the Special Master's report. He needs to be examined. His report is unattested. It's hear say. We also want to depose Mr. Challenger and the Board of Tax Review regarding the descrepancies they testified of.
CAROLYN JACOBS: The Governor intends to rescind the 2006 property tax bill but the Lt.. Governor has not attested (signed) the executive order. Jacobs request that the 2003 District Court Injunction be modified. The government needs tax monies. Jacobs oppose the motion to consolidate the cases. Jacobs feel that in the Berne case only the Board of Tax Review remains to be heard and that the government has complied with the courts comtempt order. Moreover, Jacobs stated that no fees were incurred in the 3rd Circuit court. $100,000 has been deposited in the court appointed account.
JUDGE GOMEZ: August 15, 2009 deadline is set for all parties to file their request.
Myrtle Barry, Chairperson
Real Property Committee
V. I. UNITY DAY GROUP, INC.
