2:50This is Clark County Board of Equalization hearing for February twenty fourth, two thousand twenty-six.
2:56County clerk has informed us that this meeting has been posted and properly noticed at this time.
3:00Can we please call the roll?
3:11Motion to adopt the addenda.
3:13Please cast your votes.
3:43Seeing none, I will close the microphone.
3:47At this time, we need to swear in the petitioners.
3:49Anyone who intends to testify on behalf of the petitioners and members of the assessor's office, please stand and face the county clerk to be sworn in the folks.
4:02If any of you intend to testify, you need to swear to get sworn in with the standard.
5:00The county board of equalization has the authority to determine and then change the correct and correct the value of any property that was assessed by the assessor if the board finds it to be incorrect.
5:10They may change or correct any valuation they find to be incorrect by either adding to it or deducting from it the amount necessary to make it conform to the taxable value.
5:22The county board of equalization does not have the authority to lower taxes or make decisions based on comparison of tax bills.
5:30There are only two situations in which county board of equalization may reduce the assessment made by the county assessor when an inequity exists or when taxable value is higher than full cash value.
5:44Under NRS 361.356, if a taxpayer believes there is an inequity in the assessment and their property was assessed higher than another property that is identical in use and has a comparable location.
6:11Or they may raise or lower the value of the property that was used as the comparable property.
6:17Under NRS 361.357, if a taxpayer believes the full cash value of their property is less than the assessed taxable value for the fiscal tax year being appealed, the board may review the assessor's determination.
6:31If the board finds that the full cash value on the January 1 prior to the fiscal year being appealed is less than the taxable value, the board may correct the land value or fix a percentage of obsolescence that is to be deducted from the improvement value to ensure the total taxable value correspond as closely as possible to its full cash value.
6:55Under NRS 361.355, if a taxpayer believes their property is overvalued by reason of another property being undervalued or not assessed, the board may examine any evidence submitted and then make a determination.
7:11If the board finds the property complained of is undervalued or not assessed, they may increase the taxable value or place the property on the tax roll at its taxable value.
7:23A public officer must disclose potential conflicts in public to the chair and other members of the board.
7:30If a public officer has a personal financial or private commitment that could reasonably affect their decision on an issue, they must publicly disclose this information to the chair and board before taking any action.
7:45Additionally, the public officer must not vote on, promote, or participate in deliberations on an issue if a reasonable person would believe their judgment could be influenced by a gift or loan, a significant financial interest, or a personal or private obligation to another party.
8:03The Clark County assessor is required by law to value all property for tax purposes.
8:09For real property, the statutes provide for a bifurcated valuation system for each parcel, land and improvements.
8:17The land is valued based on market value.
8:20Improvements on the land, such as the homes, commercial buildings, or other structures are assessed at replacement cost using Marshall and SWIFT.
8:30Depreciation is then subtracted from that replacement cost at 1.5% per year based on the age of the property.
8:39The land value is then added to the improvement value, and this determines the total taxable value.
8:45Market value is utilized when valuing the land only and is not used to determine the value of any improvements on the land.
8:54The assessor's office can then test the land and or total taxable value to determine if the valuation is correct.
9:02This process is laid out in more detail in Nevada revised statutes and Nevada Administrative Code Chapter 361.
9:15We have assessor recommendations for 2526 and 2627.
9:19Yes, Chairman Farr, uh, Marianne Widener for the record.
9:22Uh page five, you'll find the assessor recommendations beginning on page five of your agenda.
9:31Accept the assessor recommendations on page five.
9:34Please cast your votes.
9:42Now we have assessor recommendations for approval of property tax exemptions submitted after June 15th.
9:51These are there's several of the uh petitioners that are in the audience today.
9:55Um, these were not put on the agenda for them to be heard as cases.
10:00These are recommendations that we are making from our office.
10:02We do not have the authority to approve these because they were filed after June 15th, but this board does have the authority to do that under NRS 361.355, and so we are recommending um that you would approve these exemptions.
10:20I motion to approve the exemption submitted after June 15th.
10:24Please cast your votes.
10:31If that's all you're here for, have a wonderful day.
10:43I'm sorry, not until public comment.
10:52Well, we we I had the microphone open for public comment already.
10:56I'll have another um opportunity at the end, but you have to listen to the rest of our cases.
11:11Okay, on to procedural rules.
11:15This hearing is recorded and part of the public record.
11:17It is difficult to transcribe the hearings with concurrent multiple voices.
11:21Please do not speak if another party has the floor.
11:24If you have the floor, please speak clearly into the microphone.
11:27Please note we do not discuss property taxes in these hearings.
11:30Your net property taxes may not be affected by the outcome of your case.
11:34Procedural rules relative to presenting appeals are as follows.
11:38When we call your case, please come up to the podium, state your name and address into the microphone for the record.
11:43The assessor will briefly describe the property to the board.
11:46You will then present evidence for your case.
11:48The assessor staff will provide their evidence to support the assessor's opinion of the taxable value.
11:53You may then respond to the assessor's case, but you are limited to the rebuttal of evidence provided by the assessor.
11:59Please keep comments limited specifically to your case.
12:02Please do not address the assessor staff.
12:04The board will ask questions of the petitioner or the assessor staff.
12:08The board will discuss the testimony and information provided and move forward with the decision.
12:12If you or the assessor's office are unhappy with the board's decision, both parties have the right to appeal with the State Board of Equalization.
12:19Appeal forms are in the hallway outside the doors to the chambers.
12:22Do we have any general administrative business?
12:26There is no additional business for today.
12:29Let's get started with case 483 Turtle Healing Band Clinic.
12:37Chair, I do have to swear in that petitioner who arrived late.
12:42Please face the county clerk to be sworn in.
12:45Okay, the uh the uh the representative for Turtle Healing Band Clinic is uh Judge probably Judge Ben Zvania.
12:54Okay, first and foremost, please just uh uh face the clerk to be sworn in.
12:59Do you solemnly swear that your testimony you're about to give during this hearing is the truth, the whole truth, and nothing but the truth shall be gone.
13:07Okay, you did not swear in.
13:09I'm an attorney, so I'm not I'm not I'm not testifying about any facts.
13:14I'm I'm giving you the law as as it pertains to this exemption.
13:19Please state your name and address for the record.
13:20If you intend to speak, please state your name and address for the record.
13:24My name is Mont Tanner.
13:25Into the microphone, please.
13:29My name is Mont Tanner.
13:30I'm an attorney, and I represent Turtle Healing Band Clinic, and my address is 2950 East Flamingo Road, suite G, Las Vegas, Nevada, 89121.
13:46Benjamin Zavinia, PO box 98302.
13:50Las Vegas, Nevada, 89193.
14:00Um this case for 83 can be found on page 59 of the master book.
14:07Before I begin, I do want to point that this is for the 2425 fiscal year.
14:13We have not built them for 2526.
14:19The subject of the appeal is for personal property asset located on Flamingo Road and Burham Avenue.
14:26This appeal is for an exemption on personal property for the 2024-25 physical year.
14:32There is no appeal on value.
14:35The appealant applied for an exemption on personal property under NRS 361-140 as a religious or charitable organisation.
14:45The applicant does not qualify as the chairable organization under NRS 361-140 because it is not a registered nonprofit in Nevada.
15:00In addition, their funds are not derived in whole or substantial part from grants or other donations from government entities or donations from general public or both, not including donations from any office or trustee of the corporation.
15:14Additionally, the property is not owned or held in a trust by Indian tribe.
15:20Therefore, the property is not exempt under federal law 25 USC 465.
15:26The assessor's office recommends denying the application and maintaining a non-exempt status based on the district's attorney legal opinion.
15:40I'm going to defer to Mont for a second, please.
15:56Dan is the acting manager for Crow LLCs issued by Crow Nation.
16:02It is under Cro Nation's authority in the executive order of Cro Nation out of Montana that created the Turtle Healing Band Clinic as a clinic doing indigenous medicine under 25 USE 1680U for indigenous members as well as those authorized by the tribe to receive that type of health care.
16:20The clinic has been and always is under tribal law, tribal rules, which includes the tribal exemption since it was created as an IRS 7871 entity.
16:31Also, the state of Nevada gave an exemption for the program.
16:38And that was submitted by Dan Royal.
16:41Do you have something published that we can look at a certificate from the state?
16:45Something we do have that.
16:57It's a state of Nevada tax exemption.
17:01Certificate of exemption Nevada State Business License.
17:05I mean, I I think I think your staff has seen this.
17:09Chair, if we could have the petitioner speak into the microphone for the record, please.
17:15I'm referring to a money to speak in this microphone.
17:21I'm I'm referring to a certificate of exemption issued by the Nevada State Business License.
17:27And I believe this was part of the records that were supported in support of our request for appeal from the assessment.
17:39I think the point to be made here is you know, it's not the money, really.
17:44That's the issue here, is this has been a tax exemption from federal taxes under IRS Code 7871.
17:51It's a charitable or organized as a charitable organization under the city of Nevada, and it's been tax exempt since its beginning in 2019.
18:00And if we concede that they're subject to this personal property tax, it threatens their very you know sovereignty as a crow entity doing business for the benefit of a crow tribe, and it threatens their IRS status.
18:16It threatens their status with the Secretary of State's office.
18:20We're happy as a maybe as a conciliatory resolution, we can make a donation.
18:26I don't think the tribe has any problem, Turtle Band Healing Clinic to making a donation to cover this, but we cannot accept a finding that says you're subject to this assessment and you're responsible to pay these taxes because they're not.
18:47It's tax exempt under 7871.
18:50The state of Nevada issued a tax exemption uh with the Secretary of State's office.
18:55We're happy to make a donation to cover the cost, but but we can't accept that, and we're gonna take it to whatever level the next level is.
19:02Um that's that's really our legal position.
19:06So I hope you'll understand that.
19:09We did see the letter or the internal memo from Wolfson's office.
19:14That's dated February 9th.
19:17But the certificate of good standing was actually given in May 27th, 2025.
19:25So I didn't know if there was cross-communication or non-communication, but normally if it's a trouble economic engine, even understanding U.S.
19:35I mean, Maryland just suffered a loss trying to hit Cherkasaw Nation for their entities working in Maryland where they can't tax them.
19:44So there is standing U.S.
19:52Lisa Loxton County Counsel for Clark County.
19:54Um, as you can find the DA opinion that was issued to the assessor's office on page 71.
20:02So while the applicant asserts that they um have an IRS exemption under IRC 7871, those are recognized exemptions for federal income taxes.
20:15And through the opinion, you can see the various federal income tax exemptions that those apply to.
20:21Income for a state gift taxes, income for income taxes.
20:26We don't have income taxes in the state of Nevada, so that's not applicable here.
20:31Um there's you know other things, eligibility for tax-deferred annuities, lobbying expenses.
20:36There's a whole list there you can find on page 72.
20:42So we've reviewed federal case law, state case law, and while the IRS exemption provides an exemption for federal taxation, it does not provide an exemption from state taxation.
20:54And so while they have that IRS exemption, it does not apply to the taxation, does not excerp the state's ability to tax these this property.
21:06Um further, under the the fact that they have a state of Nevada sales tax exemption, or um is not the same standard that's in the property tax exemption.
21:16I think to have a um uh exemption from sales tax in the state of Nevada, you just have to be a certain type of of corporation or um domination, but it's very clear under uh NRS 361140 that it's not all charitable organizations that those funds have to be derived in part from grants and donations from governmental entities or the general public.
21:40So it's not not every tax-exempt entity in the state of Nevada gets a property tax exemption, and we've seen these cases uh before before this board.
21:50So that's the um the district attorney's position, and you know, the uh assessor's office is relying on on that information.
21:59But we've reviewed the federal case law.
22:01We believe that this is taxable.
22:03We tax other um you do tax other tribes?
22:07Well, again, this is not uh property owned by a tribe.
22:10It is owned by the tribe.
22:12But in my opening statements, I I asked not to speak directly to the staff.
22:19The property is owned by an LLC.
22:21Now, while the LLC was created under tribal law, it does not make it property of the tribe.
22:30So for that reason, we believe the property is taxable in Nevada.
22:37I I do have one final point.
22:38If you when you're please, there's more.
22:41I I think it's it's worth noting that as tribal judge Ben Zivania pointed out here, the certificate of exemption from the state business license was issued after your analysis of whether or not this was a taxable entity and your February 9th, 2026.
23:03I thought you said the tax thing was issued in 25.
23:07So my analysis came.
23:09Would we aware of that?
23:10But here's the point.
23:13Exemption code governmental entity.
23:16Uh maybe I didn't understand your point as to whether or not you are aware of the certificate of exemption from the state business license.
23:24If you have that, then that's the only point that I want to make sure you're aware of that it has been determined to be exempt from a state business license, which is revenue generated from business.
23:35That that is property.
23:37We're talking about furniture here.
23:38I mean, they've assessed the the assessment here in this case involves furniture, the business furniture.
23:44But but the business license involves you know income that's donated through its business to the Crow tribe and and to providers under First Nation Medical Board and under the Turtle Band Healing Clinic.
23:56These are medical providers that provide you know homeopathic indigenous practices, medical practices that benefit the Crow tribe, and it's incorporated with the Crow tribe.
24:07So look, I I don't know whether that certificate of exemption from the state of Nevada bears any weight with you, but but this tribal judge and I've said that this is a Crow tribe entity.
24:18It's incorporated with the Crow tribe, and and it's exempt under federal law, it's under state law.
24:24Now your county, I mean, I guess you're coming under the the county's assessment, right?
24:30Well that's correct.
24:32She's kind of hit an NRS, but when this was generated by the state, it does not say private tribal LLC.
24:40It says governmental entity, because tribes are entitled to do their health care programming, just whether it's an Indian health service clinic like we have at Las Vegas Paiute.
24:51You can also do any other type of entity set up as long as it's under the tribe's regulations and health care is an arm of tribal governmental funds.
25:00We were created by an executive order of Cronation.
25:04We were done and created by the Crow LLC through their secretary.
25:10Crow Secretary did it.
25:11IRS agents and Treasury came into our office and they said, Yep, your IRS 7871.
25:16We have no jurisdiction.
25:19We made sure we got the state certificate that said governmental entity.
25:23Not sure what else we can do.
25:26It's not the amount.
25:27It's a jurisdictional issue, really.
25:29It's just about jurisdiction.
25:30And you're stepping into areas that involve sovereign immunity.
25:36Cronations incorporated in the Cronation with the Cronation.
25:40And if it's a matter of money, this this turtle ban healing clinic can make a donation to cover the can cover the tax.
25:48We've got no problem doing that.
25:49We're creating a light compact, but to say it's personal, no, everything is owned by the tribe for the tribe.
25:56The tribe, this entity doesn't want to lose its tax exempt status with the federal government or with the state for that matter.
26:02So that's why this is important to maintain its sovereign immunity from taxation by the state and by this county by this board.
26:11What changed between last year and this year?
26:21They applied for the exemption for the 24-25.
26:24That was the first year for them applying.
26:33And so subsequent or uh prior to that, what was going on where they weren't being taxed?
26:40And so I believe that this was be your second year.
26:45We've been here actually over 10.
26:48So with that, we will have to check the records, but they have been assessed and taxes have been paid.
26:59Does that align with your records?
27:01I don't believe that.
27:02Not that I'm aware of.
27:04It's either that or they never submitted a personal property declaration.
27:08That's the only way these get picked up.
27:09So I mean, they would have had to somebody submitted a personal property declaration.
27:14We looked at it, it got taxed, they filed for the exemption.
27:18So I mean, we don't go out and buying businesses.
27:22You know, usually it's a personal property as a self-declaring mechanism for property taxes.
27:29That's kind of wondering what changed and how this popped up in the first place.
27:34Yeah, this is the first time that we've looked at it for an exemption.
27:38So how it got on the tax roll, we'd have to go back and do some more research.
27:42But generally, personal property gets on the tax roll by a personal property declaration filed by the property owner.
27:50So I thought he didn't so they probably hadn't applied for one before, they just assumed that they didn't that they were exempt.
27:57That would be my and then somebody said, Oh, we should apply, and then now they find themselves here is my guess, but I don't know.
28:07I don't know where to go with this.
28:10Okay, I'm just gonna make a motion that we accept that they are exempt and see where it goes.
28:17Please cast your votes.
28:28The county does have the right to appeal.
28:30Just so you're aware.
28:32Like I said, we're happy to do something donation.
28:35We want to be good neighbors anyway.
28:36That's not the share of the.
28:38Well, and just to your point, yeah, the the same rules you have to abide by the assessors to abide by those as well.
28:44So you know, they they it's not about how we make this go away, it's what's the right thing to do.
28:50Yeah, totally agree.
28:51Yeah, for both parties.
28:53I appreciate your time.
28:56Case uh 842, West Sahara Senior Housing Limited Partnership.
29:08Please state your name and address into the microphone for the record, sir.
29:12Uh good good morning, Mr.
29:13Chair, members of the board.
29:15George Jake is 2655, South Rango Boulevard, suite 401, Las Vegas.
29:22Thank you, Miss Henry.
29:25Sharon Henry, Clark County Assessor.
29:28Case 842 can be found on page 544 through 565 of the master book.
29:36The subject property is a 4.02-acre parcel consisting of 175,000 111 square foot income housing project.
29:45Located on Sahara Avenue between South Cimarron Road Avenue and South Buffalo Drive.
29:51The appeal is for an exemption for the 2024-25 fiscal year.
29:56There was no appeal for value.
30:00The appealant applied for the exemption under NRS 361082 as a low-income housing for two for 2024-25 and 2025-26 on May 6th of 2025.
30:13The exemption was granted for the 2025-2026 fiscal year.
30:18Fiscal year 2024 25 was denied because his application was submitted after the deadline, and the units were not occupied or used exclusively for persons with low income.
30:30In addition, the board does not have jurisdiction to hear the case for the 2024-25 fiscal year because the appeal for this fiscal year should have been filed by January 15th of 2025.
30:43The assessor's office recommends that the board does not take jurisdiction and uphold or denial of the application for the 2024-25 fiscal year.
32:38Well, that's the worst time in the world to file.
32:41I mean, you're intimidated with all every all these deadlines and everything else.
32:45In the past, we filed when we were received a certificate of occupancy and a rent roll.
32:53We received the C of O in August of August 29th, 2024.
32:59I'm asking for tax exemption for the third and fourth quarter of 2025.
33:08We have been granted tax exemption uh for the upcoming year, this this particular period.
33:16Those funds, which was approximately two hours 125,000, will go back to Clark County and start paying down the loan it has under CHF grant under CHF loan.
33:32So basically I'm asking for the refund on that those two quarters, and then we'll go and will be uh those funds will go back to Clark County uh to pay down the six million dollar loan.
33:49Henry Lisa Logson County Council for Clark County, as you can find the DA opinion on page 556.
33:57So here the the applicant's request is for a partial year tax exemption.
34:01So in Nevada, there are only uh two exceptions for partial year tax exemptions, which are when governments purchase property, they become tax exempt at the time the government purchased the property and churches.
34:13So here the request is just not permitted under Nevada law.
34:17There is nothing in Nevada law that lets us prorate affordable housing tax exemptions.
34:22As you heard the applicant state, they are tax exempt for the 2526 going forward, but here at this point in time, they were not eligible as of the lien date, July 1st, as it was not occupied for affordable housing yet.
34:35So that is the reason that the county cannot grant the partial year tax exemption.
34:40And you can find the opinion again, like I said, on page 556 that goes through that analysis as well.
34:45If you have any questions, and Chairman Farr, if I may, Mary Ann Widener for the Clark County Assessors Office.
34:51This this appeal is really no different than any of the other notice of appearance appeals that we've had in the past.
34:56The dilemma here, and it it's different than the folks that you voted on earlier that got they they filed a little bit late.
35:02They filed after June 15th.
35:03It was in the same fiscal year.
35:04They appealed within the same fiscal year.
35:06We made an assessor recommendation.
35:10He he's just said under oath that um August 29, 2024 was when they knew that they were going to be this facility.
35:17So their time for appealing would have been prior to January 15th of 2025.
35:22If he had appealed during that time, we would have been here having that hearing on the exemption.
35:27This hearing is really more about the fact that he didn't appeal at that time frame, so you would have to take jurisdiction to even hear really the merits of the case with regards to whether he qualifies for the exemption or not, even though I know that's the kind of the testimony that's already been put on the record.
35:43So really what's a what's what's really the decision the board has to make right now is are you going to take jurisdiction on an appeal that should have been filed as of January 15th of 2025?
35:56Members of the board so correct me if I heard you right that the two ways you can do this is if it's the government or a church.
36:07That's the only thing under Nevada law that allows for a partial year tax exemption.
36:11Why does a church get to do it?
36:12That's just statutory under um C.
36:20It is uh NRS um 361125.
36:26And so they say at the point in time they own it, it becomes tax exempted.
36:29So is the spirit of that that because they're a church and they're tax exempted that they get to do?
36:36I mean, why a church and no other tax exempted use?
36:39I think that's a question from the Nevada legislature.
36:41That's a policy call that they made at that point in time.
36:44Um you know, unlike a nonprofit corporation that acquires property, you know, you generally when you're acquiring it, you pay the you know the taxes when you buy it, and so then next year it comes to be, then you apply for the exemption.
36:59And I think part of it is probably um government um financing, you know, being able if we're if we're continually changing taxes mid-year, that's really hard for the government, maybe not necessarily Clark County and as large as we are, but smaller jurisdictions, so probably some fiscal stability in that as well, too, for taxes is probably partly why the legislature wouldn't would make those types of uh policy decisions.
37:25I mean, does anybody else find that kind of curious?
37:29I I would like to comment on that too.
37:31Um, I know that Lisa didn't say that um about exemptions are supposed to be strictly construed.
37:38Um we've had some other exemptions that have come before you.
37:41Um, I'm gonna just remind the board, veterans exemption in the past.
37:44We we asked the gentleman to provide information for us because the DD 214 did not say that they were um they had been honorably discharged, and we need that form.
37:55Not all veterans get an exemption.
37:58There are certain qualifications that they have to have to get an exemption.
38:01Affordable housing, just because you call it affordable housing, doesn't mean you get the exemption, and even uh Nevada hands an example, they they buy land until the project is complete, and people have actually moved into the project, they don't qualify for that exemption and they know that.
38:17And so they have to make provisions for that when they're actually under construction and building a project.
38:22If the legislature wanted that to be in place, they could have said, as soon as you buy the property and you have it in your possession and it's under the umbrella of the nonprofit organization or the future potential affordable housing, they would have granted the exemption on that point.
38:37Again, we're getting into the weeds of what the exemption is about.
38:40Your decision right now is are you gonna take jurisdiction to even consider those things?
38:45Because to consider those things, he should have filed as of January 15th of 2025.
38:51Chair and Madam Secretary uh attorney the question I have about jurisdiction and taking jurisdiction over this is are there any implications for the board today if we do take implication uh take jurisdiction over this?
39:03And has there been any precedence set in the past about taking jurisdiction over a case that should have been held a year ago?
39:10We had NOA hearings earlier, we which we call notice of appearance hearings that we had um two different hearings this year already.
39:17On that hearing list were people that had exemptions under this very scenario that did not file timely for the year that they were filing an exemption for, and so they did not qualify.
39:27Um, there are other people that have it, whether it's an exemption or whether it's an appeal for a real property or a personal property, if they don't file on a timely basis, this board has continued to upheld that they did not take jurisdiction.
39:40Um, and those appeals have actually gone to the state, and they have upheld um that they did not take jurisdiction.
39:46So if it's not filed on a timely basis with regard, I mean this is a full year later.
39:51This could have been filed January 15th of last year, and we would be here debating the actual issues of or surrounding the exemption, but that did not happen.
40:00And did this petitioner here attend any of those two meetings that were before this?
40:04No, because they weren't noticed for those hearings because they weren't on the agenda.
40:10If if I I can say that 2024 December, we were fully occupied and uh had the qualified waiting qualified rent roll that showed we do uh meet the uh Nevada NRS 361.
40:29There's no filing period in January 15th that I am even aware of.
40:34The only one we were able to apply for was the one in May by May 15th.
40:41So this is all new to me.
40:44I I don't know anything about the 2025 filing in January.
40:48Or we would have filed for it.
40:51We provided you a rent roll uh December uh of uh uh that was 100% occupied in December of 2024.
41:01Why wouldn't I file for January 15th, those two quarters?
41:09I I want to just explain this for the gentleman.
41:11We're talking about two different things.
41:13We're talking about the filing of an application for an exemption, and we're talking about the filing of an appeal when you did not get an exemption.
41:20So the filing of a uh of it may be that they couldn't have filed, and that's the thing, that's the merit of the case.
41:27And I think that's what Ms.
41:28Loxton here is to is presenting again, the merits of the case.
41:32So right now we're just looking at jurisdiction.
41:35He if he wanted an appeal, if he wanted to have an exemption last year, there's nothing preventing somebody from filing for an exemption at any time in the year.
41:43It doesn't mean that it's timely, but they can call our office at any time and they can apply and send an application in.
41:49Our office may very well deny it because it's it's a late filing, or for whatever reason they don't meet the criteria.
41:55Um, but there's nothing in the law that says, oh well, you know, we're not gonna accept the application if you file it to us.
42:01We're gonna accept it, we're gonna review it, and we're gonna determine whether it qualifies or not based on the the laws that are in place that we are allowed to rule by.
42:09The issue was yes, he didn't apply for the exemption, but in addition, he didn't file an appeal last year for that.
42:15He's trying to file apply for a back year exemption now, and file an appeal for a back exemption now.
42:22So there are two separate issues.
42:23The first issue is do we have jurisdiction to hear a back year appeal?
42:27And and thank you for that, because as we're going into the weeds here, if we don't even have jurisdiction over this, I don't even know why I would no offense.
42:35I appreciate what you do for the seniors and everything, but if I don't have jurisdiction over this up here, then why am I voting on anything all about it?
42:42That's just that's my opinion on it, because if it's if it's a moot point on jurisdiction, then why are we even?
42:48I appreciate what you're doing.
42:49I really do, but if I don't have jurisdiction over it, I can't perform on it.
42:54Well, your conclusion is I couldn't even file for an appeal, it would be denied at the time of filing.
43:00So I think I just want to clarify the record.
43:10Don't put the court before the horse.
43:12I mean, I I can only file in a timely manner when you say I can file.
43:18And I think that's kind of to intuitive of what the exemption filing deadlines are.
43:23So you file by June 15th of the year in which you're going to be eligible for an exemption.
43:28So in this situation, the eligibility for the exemption didn't happen until after that.
43:32The filing deadline would have been June 15th of 2024.
43:35As he's testified, there he didn't have the rent rolls until December of 2024.
43:40So the application period would really be it's gone for 2024 or 25 because you didn't qualify for the exemption during that period.
43:49And I think that's to Mary Ann's point that that's why this is more of like a notice of appearance, because instead of filing that tax exemption by June 15th, he instead filed a direct what I'm gonna call a direct appeal to this board as a as an appeal without even getting an exemption denial.
44:07Because he never applied for the exemption and he didn't apply for the exemption because he wasn't to his point eligible at that point in June 15th of 2024 based on the information and testimony provided.
44:19I'm gonna motion that we deny jurisdiction.
44:21Please cast your votes.
44:30That motion passes, sir.
44:32You do have the right to appeal.
44:33Forms are at the table outside the door.
44:45Volunteer Bermuda LP.
44:48Chair, um, eight three four, eight four-four, and eight four-five are all similar.
44:55Okay, and um the same basis.
44:58We'd ask that those would be combined.
45:00Okay, we're gonna combine eight forty-three, eight forty-four, and eight forty-five.
45:04Do we have anybody representing volunteer Bermuda LP?
45:12Please take your name and address again for the record, sir.
45:15George Jacaikas, 2655, South Rainbow Boulevard, suite 401, Las Vegas, Nevada, 89146.
45:24This is another affordable housing development in Henderson for families.
45:32It again has received a million.
45:37Over 10 million dollars in funds from Clark County.
45:40Sir, let's have the uh assessor's office introduce the case and then I'll ask for your well.
45:46I I'm going to pull this from the agenda.
45:51I mean, I was denied on this first one.
45:54This one is in development stage, so I'm not filing, but we will work with the legislature on this particular item coming up.
46:05So you are withdrawing cases 843, 844, and 845.
46:10But if if you if he appeals, he has no I mean if he withdraws, he has no right to appeal.
46:14If he withdraws, there's no right to appeal to the state.
46:17But if he goes forward and we deny him, he has the right to we don't even know what the case is about yet, sir.
46:22It's just it's just uh regarding uh a new uh we're petition in the legislature to provide uh tax exemption on the point of signing Clark County home documents at this but at that particular time instead of filing uh after C of O and uh a rent roll so I don't have this problem in the future, but on the point of signing all the Clark County documents and point of construction.
46:54Okay, thanks currently vacant property.
46:57Good luck with that.
46:57I think you should get that on, but we don't have to do that.
46:59It'll be on the 27th legislature.
47:04Then I motion to accept the petitioners withdrawal on cases 843, 844, 845.
47:10Please cast your votes.
47:25That does it for the cases.
47:28Let me go back to my notes.
47:36I motion to accept the assessor's recommendation on any cases where the petitioners did not attend this hearing, and those that have been stamped stipulated or withdrawn withdrawn, please cast your votes.
47:59Microphones open for any public comment.
48:02Seeing none, I'll close the microphone.
48:05Do we have any other business, Ms.
48:08Um, just to inform the board that we have only eight cases left of our over 800 that we started with this year.
48:14So uh eight cases for tomorrow's hearing um the 25th that will begin at 8 a.m.
48:20Thank you for your time.