Though Spellman had opposed the refund of $36,568 RIM (Road Impact Mitigation) fees to Black Creek LLC due to the fact that the owner owed in excess of $100,000 back property taxes, at the May 24, 2011 BOS (Board of Supervisors) meeting he was outvoted 4-1 to refund the monies. At the meeting a motion was made by Spellman to go into closed session to discuss pursuing litigation against Black Creek LLC and keeping the RIM fees owned. However, previously County Counsel had stated that the fees could not be applies to the outstanding property tax bill. Spellman further suggested that the funds be used to build a brick and mortar library in Copperopolis.
At a previous forum meeting in Copperopolis it was questioned if the County had proceeded with a lien process of some sort for back property taxes which could possibly in turn seize the RIM fees refund. This was not discussed at the 5-24-11 BOS meeting.
Spellman was spinning his wheels on those monies that were sent back to this company for RIM fees. Once they declared bankruptcy that money belongs to the bankruptcy trustee to be shared amongst anyone claiming debt against this company. I have had bankruptcy trustees take money from the company I was working for for services we had rendered and had been paid by the bankrupt company. The county counsel was also correct in that they cannot apply RIM fees to taxes without a court order and that would first need the blessing of the bankruptcy court. He needs to look into these laws and quit wasting BOS time.
ReplyDeleteMike Shevlin