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Thursday, February 14

Assessing and Abatements, the Facts

Anonymous said...
Please submit as an article

ASSESSING and/or ABATEMENTS

I have been a resident of Atkinson for 23 years. Currently I am the Assessing Clerk in Danville and also held this same position in Atkinson for some years. Having some small knowledge of the process I submit this article to outline the process.

Property assessments are across the board utilizing the same information and formulas for everyone.

Each and every resident has the responsibility of keeping informed on their own property value. This is available at the Town Hall. If obtaining a copy of your personal property card is not free (as it should be in my opinion) it is at a minimal cost.

If details are incorrect (such as the number of bedrooms, bathrooms, measurements or other details) an abatement can be filed, which by the way the town offices should help you to process at NO COST. I personally process with the resident each and every abatement before it goes to the Assessor and then the Board of Selectmen.

Filing an abatement is done after the second tax bill has been generated and before March 1st of the following year. The Assessor then has until July of the following year to process.

The Assessor will visit the property, adjustments will be made, and if you have been overtaxed a refund will be generated to inlcude interest from the day you paid your taxes until the day the town reimburses you the difference.

If you feel that you are improperly assessed because of like properties that are assessed for less then a resident can also file an abatement, which by the way the town offices should help you to process at NO COST.

An abatement is filed by submitting a form found at the Town Hall and attaching a bank appraisal along with comparatives of like properties. Again the Assessor will visit the property and make adjustments.

Further, if the resident disagrees with the Assessors findings, they have the option to take the entire abatement to the Board of Tax and Land Appeals for a second decision.

There is no doubt that property values are down.......the stock market is down.......available jobs are down.......times are tough.

When total revals are done it is unrealistic and impossible for the Assessor to enter each and every residence in town. There are times when no one is at home or the Assessor is not allowed entry that a best guesstimate must be used. Like properties will have assumptions made that interiors are the same.

A total reval is VERY expensive. Mailing each and every resident a property card every time there is a change major or minor is expensive and we, the taxpayers, pay for this.

You never hear of a resident complaining because they are under assessed until they are ready to sell and then they want their property truly reflected so they can sell at the highest price.

Likewise if a resident's property is sold for more than the assessed value they are not beating down the door of town hall to pay their extra share of tax.

If the current assessing practices can be improved I am all for it. If there is a better and fairer way to raise taxes it should be investigated and implemented.

How Atkinson can better manage this process is unclear. The method in which taxes are raised has little effect on the outcome. We still haved to pay a certain amount in taxes.

Jill Fleming

16 comments:

Anonymous said...

Here's a thought. Next year, why don't the Selectmen put in a warrant article for a revaluation, to be done in one year. Estimated cost might be around $200,000...possibly more, but that might be close.

Then we could all have our properties reassessed with values set to be equal to the current market values which quite possibly would be substantially lower than the existing values.

Of course, our tax rate would have to go up because we still need to raise and appropriate the same amount of money to pay town, county and school taxes, but that's okay, isn't it?

And then, in a year or two, when people went to sell their homes, the assessed value would be substantially lower than the amount the property owners were looking for, but that's okay, right? So what if they bought high and need to sell low.

Not a problem! We can spend another $200,000 to have another re-val so the values all go up!
The good news would be that the tax rate would go down again.

And that could go on and on and on. The town could spend a couple of hundred thousand every other year to keep our values up to date.

Good plan right? I don't think so, but there are apparently some who believe updated values (and revals) are the way to go.

Anonymous said...

To Jill Fleming,

Thank you for your very informative, helpful, and timely submission concerning "Assessing and Abatements."

It was very well written. You wrote it in a manner that made the whole process very easy to understand. Again, thank you.

Anonymous said...

I just read the 2007 sales and saw how lopsided the assessment was. BUT in 2004-2006 sales is even more lopsided the other way. I did not try to figure out the % but it was HUGE just roughly guessing it. So doesn't this sort of even out over time?

Anonymous said...

The answer is YES. The market always corrects itself and the tax rate adjusts accordingly. Revaluing the town every time values go up or down as the market changes is a rediculous idea. Thank goodness Valerie can see that this way of thinking is hurtful to the town. Hopefully no selectperson would ever think this way.

Anonymous said...

Publius please accept this as an article submission


In response to Jill Fleming’s posting of
February 16, 2008 8:29 AM


Thank you, for taking your time to post such an accurate overview of the assessing process as to the way it should be. If I may, I would like to make a few observations of my own.

1. Your statement “Property assessments are across the board utilizing the same information and formulas for everyone”, actually change between classes of property. (Private residential, Commercial, Condo’s, Common land. etc) The formulas used are only as good as the person that puts the information into the computer. (Garbage in – garbage out) Since the Assessor is not required to be on the property he is assessing, the information he puts into the computer comes from someone that is not a certified assessor. Accordingly, like properties do not have all the pertinent data necessary to formulate a proportionate assessment. Because of this, properties in Atkinson in 2006 were over valued by as much as 1220%. This is not fair or proportional assessing and does not meet the law. (Please see Sirrell v. State, 146 N.H. 364, 374 and 384 (2001)

In 2007, Atkinson Taxpayers For Fair Evaluations Committee helped get back over $100,000.00 in abatement monies that never should have been collected. All those monies were for Factors / Conditions that our assessor did not give (garbage-in, garbage out) that would have lowered their assessment. He never addressed the core issues we were asking to be resolved. This needs to be rectified, before the law can be met.

2. There are eight different assessing computer programs used across the state of New Hampshire, and they do not use the same formulas as Atkinson’s. Accordingly, a taxpayer in one town can not compare like properties in another town accurately. There is no transparency between programs, and again doesn’t meet the Supreme Court ruling in Sirrell v. State. The easiest way to resolve this problem, is for the State to require one program be used by all assessing firms.

3. We agree that there should be no charge at the town level, to receive any and all information regarding one’s property taxes. The taxpayers have already paid for the town hall, paper, supplies, copy machine, payroll etc, so should not be charged again. In our experience, the towns use these charges, to discourage taxpayers from asking questions. We believe that policy needs to be changed, along with charges for requests for Right-To-Know information. (Designed to keep people from getting the truth)

4. The assessor will schedule an appointment to see your property, but only after an abatement has been filed. He will address only the points made in the abatement, but will not volunteer to reduce the assessment for things he finds during the visit. Property owner must know and point out ALL ERRORS to be addressed. (Good Luck to the property owner, if he doesn’t know ALL FACTORS/CONDITIONS to ask for.

5. If the assessor/selectman refuses to give you a reduction for any Factor/Condition, one must / should file with the BTLA for a decision. (I know of a recent case where a Plaistow businessman was refused, and won $25,000 cash back at the State Level, because the “Power’s To Be” dared him to do it) The case took a year and a half to be heard, but his total assessment dropped dramatically. He also got his filing fee back.

6. The BTLA can require the assessing firm to pay for a town reval at no cost to the taxpayer, for doing a poor assessing job. Remember the Winchester, NH Case where Nyburg – Purvis Associates was required to reassess a second time and still couldn’t get it right? (Please sees: http://www.nh.gov/btla/docs2005/Winchester.pdf) If the company name sounds familiar, it should. It’s the same company minus Mr. Nyburg, that is Atkinson’s assessing firm. We will be asking the BTLA to have our town reassessed at Mr. Purvis’s expense, with another firm to do the job. The facts we will present mirror the facts in the Winchester case.

6. Sending out tax cards would only cost $1200.00 a year (38 cents each at current Post Office bulk rates), and is a bargain to keep the taxpayer informed. (The average abatement last year returned $552.00 cash back to each taxpayer, with less than 5% of taxpayers filing.) More people need to be filing, but our selectmen want to keep them in the dark. Perhaps, we should require the selectmen to keep the town office open on Saturday, so people won’t have to take a day off from work. Wonder what that would cost?

7. Since the State requires all homes to be assessed at 98.4% of actual market value, the chances of being under assessed are extremely slim. From the data we have collected, it appears that all homes are over valued. The taxpayer will only know for sure, by checking all data in their property tax file in the selectmen’s office. A total town reval done correctly, (catching all mistakes) will be the only way fair and proportional assessments can be assured.

8. Requiring our selectmen to work with taxpayer groups to set local standards for assessing, will go a long way to better manage the assessing process. Something our selectmen work very hard not to have to do. Again, it begs the questions. WHY? We think we know the answer. The town’s people should too.

Thank you again Jill, for your submission and the time it took to write.

Sincere regards,
Leon
Atkinson Taxpayers For Fair Evaluations Committee

Anonymous said...

leon that was a great letter you wrote im glad we have you on our side next year i hope more people will see our side and check there card;s thank,again for saving me 400.00 on last year,s tax,s

Anonymous said...

I also owe Leon for the gracious donation of his valuable time to assist me. Thank you Leon for helping me with my abatement last year. I got over $700 back. Your support was invaluable. Also, thanks for your help in getting my new abatement done for March 1, 2008. I am owed another 10% back! Rest assured, I will not rest until I get back every penny of the money that was improperly taxed away from me. You can bet on it. It should be obvious to anyone with a brain that you are both a town leader and a town hero. I respect you absolutely.

Anonymous said...

Leon,
Thank goodness Ms. Tobin does not agree with this convuluted view of
the assessments in our town. Thank you for all your help with abatements however, you should just worry about your own.

Anonymous said...

To Leon Artus
I would question
What properties were over assessed by 1220%? Were they over assessed because previously they were under assessed to begin with? Was the data incorrect or was the perception by the owner justified by a realtor the only criteria that you are using? Give me facts not perceptions.

I asked you at deliberative session what percent of the abatements you had helped to process at NO COST were properties that the assessor was never allowed entry? You did not answer. I ask did you gather any information from the equalization or any of the trending reports available through that program. Do you have data that supports, give me facts not perceptions?

You state that the assessor never answered the core issues you were asking to be resolved. Did the assessor process the abatements submitted? Did he visit the properties and address those issues that had been presented? Was he allowed entry into these properties? Were these “core issues” part of the abatement process?

If indeed as you stated “there are eight different assessing computer programs used across the state of New Hampshire, and they do not use the same formulas as Atkinson’s” and if this is drastically skewing assessments why not utilize your energy to research and possibly implement one program to be used statewide? This would be ultimately much more helpful and comprehensive than the total reval you are pushing for, which would be costly and increase our tax burden.

I will state hats off to you for helping some residents to process their abatements at NO COST. You certainly helped move forward a number of abatements that otherwise would not have been processed. Even so, the number of abatements and total dollar amount does not warrant a red flag for a reval. And why would you push for a reval by the present assessor and assessing company utilizing the states' standards if in your opinion each and every one is deficient?

I would suggest a more effective and less costly approach to be educating the Town offices in the assessing process. This information should not be a mystery or withheld from any resident. Rather complete disclosure as well as down to earth translation of the process and formulas used should be the norm. Sitting with and explaining to residents their property card is all in a day’s work in my opinion. Also giving a resident access to the information as well as appointments with the assessor goes hand in hand. After all we are all working for the benefit of the town aren’t we?

I challenge you Mr. Artus to put your energies into researching and documenting those residents that FLY UNDER THE RADAR? The residents that have added a bedroom, a deck, an extra bathroom, a playroom in the basement, a pool, an apartment etc without the benefit of a building permit and as a consequence do not pay tax on these added features? Of course the balance of the tax burden is spread out among the rest of us while these solid citizens take advantage. These are the very same residents who are knocking down the door to correct their assessments when they want to put their property on the market to sell for a higher price.

So the gauntlet is down, let’s put your money where your mouth is. If it’s broken let’s fix it. Let’s not divide the town but work in concert for the benefit of the town.

Jill Fleming

Anonymous said...

Hear! hear!!!!! I couldn't have said it better.

Great post Jill!

Anonymous said...

Jill,
You make a lot of sense!!!!!!!
Perhaps Leon could learn a thing or two from you. Maybe you should take over his group aand give them some direction. I feel they would be much more effective looking at issues logically.
Thanks!!!

Anonymous said...

Sorry, Jill. When you generalize you never win because everything cannot be put into one category.

The square footage on my house has been wrong for 6 years and each year I go down and ask them to fix it. After 2 tries this year, it's finally ok!! I have been overpaying for 6 years and I don't like it.

I have not remodeled either.

Leon was kind enough to explain some of the codes because the assessor did not and God only knows where you can look these up. It's certainly not on the town website.

Leon's helping people out so give him a break. If YOU want to go after the ones who are hiding things, YOU do it. Don't volunteer someone else and make it their priority.

Anonymous said...

To anon 5:51PM
I absolutely applaud Leon for helping out residents in the abatement process as I already stated. It is wonderful he could explain the codes. I am surprised when asked the assessor did not or was not able to do so.

In addition you should have been able to sit with the Town Administrator or Assessing Clerk and have all the details of your property card explained to you. Shame on them for not doing so. Or shame on you for not asking.

And you are quite correct generalizations do not get you anywhere. That is why I requested documentation as opposed to perception of Mr. Artus.

I can only offer condolences regarding your 6 year wait for square footage correction. One would think that 6 abatements filed would net a result. You are very patient and understanding to have waited so long for a correction.

I merely recommended that Mr. Artus put his energy to better use and help lower all of our taxes by seeking out those who have slid under the radar.

I am sorry that this topic is so upsetting to you. And as for going after those who are hiding things that's just plain silly. the point was simply that 5% abatements (which is quite low) is not a reason for a reval and would not help lower anyones taxes....just the opposite.

It just seems that going forward is more productive than dwelling on the perceived inadequecies of a system that until changed municipalites must work within.

Jill Fleming

Anonymous said...

There is an extremely important election coming up. As important as fair evaluations are, folks we have much more important fish to fry at the moment.

All these entries regarding assessments are directing attention away from the problem at hand. The government of the town is broken. It needs to be fixed. One problem at a time please.

I think it is very telling that only one candidate has expressed their views here. The other two have apparently been unwilling to face the scrutiny Ms. Tobin has. You have to ask yourself why. No doubt, at least to me, their silence so far suggests they may be afraid of the questions that will be asked. And boy, I have a few.

We've also had one blogger attempting to suggest Mrs. Tobin is not fit to serve, because she may have some emotions. Phase it anyway you want, that is sexist and has no place here. I would think Margaret Thacher would have an opinion on that.

So, please, lets fix one problem before we go after another.

Anonymous said...

Attention please anon 9:41

These comments are under assessing and abatements the facts not candidates.

Besides it was tobin that talked in circles about "striving to correct mistakes" and "the town needs better management" which really says nothing.

These comments are helpful and tell the real story and bring attention to the fact that tobin does not have a clue.

Anonymous said...

I believe, that you can ask to have your tax info corrected anytime. And in the fall, as long as the tax card corrections are made prior to the assessor notifying the Department of Revenue(DRA) with his final figures for the year, it is still OK. I have done it in Atkinson and elsewhere.

That is why up until the recent past the town sent out copies of your tax card to you before the December bill. You could challenge the correctness of the information on it before the December tax bills are compiled.
This eliminates the need for so many abatements being filed the following spring. Mailing out tax cards before the December billing could save hundres of hours that the town administrator put in, explaining, figuring, finding, adding, telephoning, computering, copying and so on about tax cards.

It also eliminates the need for a fixed income senior like myself having to come up with another
$2,000.00 in taxes a few weeks before Christmas (I cried), even though I and everyone else knew I would get an abatement by the following August. It slipped by me in 2006, that is why I support mailing them out to people before the December bills.

If you believe that the tax system in Atkinson is well, then you probably believe that the N H Department of Revenue and the IRS are doing a swell job too. It is considered by many in this state that the DRA, like other state departments is broken, and they are simply rubber stamping the work assessing firms are doing.

That became very clear to me when I realized on 1/25/07 at the tax info meeting at the community center, that it was us, the taxpayers, versus the selectmen, Purvis the assessing firm and the representatives from the DRA who did the rubber stamping.

Please note that those DRA reps didn't say that the assessing job done for us great. I have it on DVD, they said that the "stats" matched up with what the state saw in the evaluation. It's the old fox guarding the hen house, and the animal control officer
looking for the fox on the other side of town.

Lastly today, if the town does get a revaluation by a request to the "Board of Tax and Land Appeals (BTLA), that board revues the eval and finds a reval necessary, the town should request that Purvis Associates perform the job they got paid for already. It should not cost the town a dime for a reval.

That is what we asked the selectmen to do when we handed in our petition last year. Unfortunately, the town administrator lost the petition, or he was the last person to have it before it got misplaced.


ATKINSON's Vietnam HONOR ROLL as VOTED and PASSED by 2005 Town Meeting and re-approved at Special Town Meeting Sept. 12

EDITORIAL-


A voice of compassion, an example of fairness and reasonable government.

One who believes in the strength and comfort you, your children and your family can draw from good government leadership.

A person who knows Atkinson is our home -- our most important possession that must be preserved and protected through fair taxes and sound community planning and where our children must be safe to grow to become a new generation of leaders.

One who knows that the citizens of Atkinson are all neighbors with her leadership to be dedicated and responsive to all.

One who believes that when those from Atkinson have served our nation and honors are deserved, those honors must be given.

In Valerie Tobin, we now have a leader we know we can entrust with these responsibilities because they are part of her character.

It is our honor to endorse Valerie for election to Atkinson’s Board of Selectmen.

Just a note for those who wish to count the deer.

In January 08 this blog had 16,000 hits and 1,500 unique visitors (for the month).

In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).

EDITORIAL-


"I offer nothing more than simple facts, plain arguments, and common sense . . ." [TP, 1776]

We take no small measure of umbrage at such a hostile official act against this BLOG’s patron. Therefore, a timely Editorial comment is both appropriate and necessary.

Discussion of Atkinson’s financial direction, from any viewpoint, is fundamental and encouraged and we will always attempt to limit and correct errors.

However, Righteous indignation towards purported error of such inconsequential nature is not appropriate.

The ENTIRE car deal is problematic. If it was caused by poor judgement, improper exercise of authority, neglect or mistake or even specious reasoning, this will never trump the facts that the entire questionable transaction started and ended within a very small circle of confidants.

We find the entire circumstances surrounding the disposition of the police Cruiser highly irregular at the least and the "explanations" somewhat trifling and exhaustive of our intellect.

Mr. Consentino: It’s time to go. Being Chief of Atkinson’s Police Department is NOT a birthright. That is a fabled legend of yesteryear.

Historically in Atkinson, police chief appointments were made "under the hand of the selectmen" for terms of one year at a time, as was also the case in the beginning of Mr. Consentino’s assorted and discontinuous stream of appointments to this position.

Your only remaining credential established on a claim of indispensability has faded.

So time is neigh. Plan a graceful exit, Clean out your desk, Accept the gratitude and tearful sentiments from some. We plan no editorial recriminations. It is time. Thank you for your service, We wish you a long and happy retirement. Bon Voyage.

LETTER


"To All Atkinson Residents,

I am writing to ask for your help. A member of the Atkinson Police Department needs our help. I am here to ask for your help in Corporal John Lapham's fight for his life. As you are aware, John has been diagnosed with Leukemia. He has been once again hospitalized with an infection that is threatening his life. He is one of the bravest people that I have ever met. He has never asked of anything from the residents of the town. Now is our chance to step up and help both him and his family out. As everyone is aware John has been out of work for a few months. His family has been busy helping John to get better. He needs our help, and I am hoping that this town can step up to the plate and help. From the moment that I met John, I have admired him. He does alot, but never asks for anything in return. He has helped so many people in this town. I for one am one of those people. Please help him.

There is a fund set-up in his name at TDBanknorth in Plaistow. Any amount will help John, while he is out of work. It would be great if this town could help ease a burden off his wife.

Thank You

Also if anyone would like to send a card, please address it to:

John Lapham
c/o Dana-Farber/Brigham and Women's Cancer Ctr.
Inpatient mail
75 Francis Street
Boston, MA 02115
United States

Please show Corporal John Lapham, that this community can stand up and show our support to those in need. I for one, miss John and can not wait until he can get better and return to work. Please show him that we support him. "