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#7 Property Revaluation ASSESSOR’S MEMORANDUM 11 June 2009 TO: City Council FROM: Richard Haviza, City Assessor SUBJECT: City Council discussion and direction to staff on approach to comply with State Statutes concerning property valuation. Summary State law requires a revaluation of property assessments for 2010 or 2011. Decisions on completing the task have been delayed since this topic was last discussed with the Council in an October 2008 study session. It is now crucial that decisions necessary to complete revaluation activities for 2010 or 2011 be expedited. A critical decision rests with the City Council in the form of implementing policy through funding. Assessor Division Staff continues to support a traditional Full Revaluation, including property inspections, as that approach: ? Is recommended by the Wisconsin Department of Revenue; ? Historically results in the best values (accurate and equitable); ? Provides the best foundation for efficiency / effectiveness in future operations; and ? May be prudent given the controversial history of the last revaluation in Janesville. A Full Revaluation requires resources exceeding normal Assessment Division staffing and has significant cost. Considering that and the dynamic change in the real estate market and overall economy in the past year, alternatives to a Full Revaluation should be reviewed. This memo outlines service options for City Council consideration and requests direction for proceeding. Division Recommendation Assessment Staff recommends the City Council support: 1. A Full Revaluation of all residential and commercial properties for the 2011 Assessment Roll, said revaluation to be based on the interior/exterior inspection of all structures; and 2. Authorize the City Manager to make application for a Wisconsin State Trust Fund loan not to exceed $1,750,000 (the amount of the highest cost proposal). Actual cost to reflect selected service provider, contract terms and loan interest cost. Suggested Motion (Division) I move to support a 2011 Full Revaluation of all properties based on interior/exterior inspections and authorize the City Manager to make application to the Wisconsin State Trust Fund for a loan not to exceed $1,750,000 in order to contract for the professional services necessary to complete the revaluation. 1 City Manager Recommendation Based on current real estate market trends that for 2010 might place residential property values very close to Full Value (Fair Market Value), the City Manager recommends the City Council support: 1. Limited property revaluation activities for the 2010 Assessment Roll. Revaluation activities will consist of a Full Revaluation of commercial class properties based on interior/exterior inspections of only that class of properties. 2. The estimated cost would be mostly covered by the 2009 appropriations and prior year encumbrances. 3. Should residential values not fall naturally into compliance for 2010, Assessment staff could consider completing a Market Update Revaluation of that class of property for 2011. A Market Update would not include residential property inspections for all properties, only those affected by building permits, sales or involving new construction. 4. This approach would allow the City to allow the market to come back in compliance based on initial trends in 2010 and allow the City to not borrow for operating costs. Suggested Motion (City Manager) I move to direct the City Manager to proceed with a Full Revaluation of commercial class properties and that any revaluation of residential class properties would consist of a Market Update based on maintenance level inspections of properties subject to building permits, sale and new construction. Primary Discussion Points Considering the depth of information included in this memo the following is a list of discussion points that it may be beneficial to focus on: ? Real Estate Market / Economic Conditions. ? Property Inspections. ? Why revalue commercial but not residential properties? ? Cost. ? History. Request Wisconsin State Statute 70.05 mandates the service resulting in the requested action. Background The property assessment process is legislatively mandated but locally funded and completed. Property assessment is the process of estimating the Full Value (Fair Market Value) of each taxable property. Assessed values are used in the equations to calculate the tax rate and individual property tax bills. Revaluation is the process of periodically insuring that property is assessed equitably and as near Full Value as possible. The last revaluation was in 2002. Assessments last met the definition of Full Value in 2004. Based on Statutes property must be assessed at Full Value by 2011. The need for a revaluation and a proposal for completing the task were first presented to the Administration in 2006. Determining how the revaluation will be accomplished remains an open question resulting from delays in the decision making process. Those can be attributed to: competing 2 organizational priorities; a transition in upper management; tax levy limits and budget impacts; and the general public’s dislike and misunderstanding of the revaluation process. What service is required? The primary requirement is to value taxable properties at Full Value for the 2011 Assessment Roll. Integral to completing that is maintaining the City’s property database, which can be accessed on the city website. Data on the physical characteristics of each property is collected and used in the process. Approximately 40 data fields are maintained for each parcel. There are approximately 21,000 residential, 1,350 commercial and 300+/- other improved parcels that we would attempt to inspect during a Full Revaluation. According to whom is the service mandated and defined? The customers and stakeholders of the service include: ? Property Owners – have a vested interest in assessed values as that is the distribution component of the property tax equation; ? The Wisconsin Department of Revenue – responsible for overseeing legislated assessment operations and for completing the annual equalization process and distribution of various state aids; ? Users of assessment and property data – individuals and organizations such as realtors, insurers, attorneys, mortgage lenders, builders, private appraisers, non- profits and government agencies use assessment and property data for business and personal real estate decisions. ? The City Council – through funding establishes policy and service levels for assessment operations. ? City Administration, Departments and Division Staff – use assessment and property information in daily activities associated with nearly all services. ? Assessment Division Staff – responsible for all aspects of maintaining the property database and establishing assessed values. How is the service defined? Full Value (Fair Market Value) is generally defined as the selling price realized through informed, open and competitive negotiation. Although detailed analysis of the level and uniformity of assessments is completed, under Statute 70.05 compliance is defined as an assessment ratio of 90–110% of Full Value (ratio = assessed values / sale prices), with the major classes of residential and commercial also within that range. The following table and chart summarize the overall ratios for 2002-08 and include an estimate for 2009. Year-to- date sales data, which is relevant to the 2010 assessment cycle, indicates that sale prices have continued to decline, potentially mirroring the national trend of hovering at near 2002 values. Staff has yet to field validate any 2009 sales and it is impossible to predict if current trends will continue thru 2009 and beyond or if conditions will stabilize or improve. In 2002 the average residential assessment was $107,800. From 2002 - 2008 property values increased as established by sale prices. During that time no revaluation occurred and assessed values did not change unless a property was affected by physical changes that impacted its individual value. The chart illustrates that the Full Value of the average assessed value home increased from $107,800 to $134,800 between 2002 and 2008. Thus correspondingly the ratio for the 2002 average assessed home decreased each year from 2002 – 2008 bottoming out at 79.98% as of 1/1/2008 ($107,800 / 134,800 = 79.99%). 3 Assessment Ratios Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 (est) (last reval)(required) % FV 97.99 96.24 92.55 88.72 84.79 81.89 79.99 84+/- ? 100+/- Why do we need this service? Other than compliance with a statutory mandate, why should customers and stakeholders care if we complete a revaluation? Following are benefits of periodic revaluation: ? Verify the accuracy, completeness and consistency of quantitative and qualitative property data; ? Accurately and equitably value properties to their Full Value; and ? Insure property owners pay only their proportionate share of local property taxes, hopefully no more or no less. What are we going to do and how are we going to do it? The technical components of the assessment process are defined by State Statute, the Wisconsin Property Assessment Manual, the Uniform Standards of Professional Appraisal Practice, case law, best practice and limited local considerations. As with all public service the goal is high value at low cost. When answering two questions, what and how, the City Council must weigh customer and stakeholder considerations and through policy and funding actions satisfy the statutory mandate. The following outlines options for completing the required task. General Approaches to Revaluation The DOR has guidelines establishing three alternative approaches to revaluation: Full Revaluation, External Review Revaluation and Market Update. Each alternative approach involves component tasks including but not limited to: property inspections o neighborhood analysis o sales analysis o data entry o computer system calibration and testing o valuation, value analysis and verification o 4 assessment roll preparation o distribution of assessment change notices o conducting the Open Book and Board of Review appeals process o defending values in subsequent appeals o public relations o Property inspections are typically an integral task in the revaluation process. They are completed to verify the quantitative and qualitative data for each parcel, which is then used in valuation models. Statutes outline that “Real property shall be valued … from actual view or from the best information the assessor can practicably obtain…” The “actual view” element has come to generally mean a full interior/exterior inspection to collect and verify data on the physical characteristics of each parcel. The following DOR guidelines address the recommended level of property inspections: ? Full Revaluation. Includes interior/exterior inspections of all parcels and is recommended when a full revaluation has not been performed for 10 years. ? External Review Valuation. Includes exterior inspections of all parcels and is acceptable when property data issues can be verified without interior inspection. ? Market Update. Performed when there is confidence in the accuracy of property data and a full revaluation has been completed in the past 5 years. Property inspections are not completed for all properties. Full Revaluation is the approach historically used in Janesville. Janesville’s last Full Revaluation was in 1998 and was based on property inspections conducted in 1996-97. In the years 2000-02 Janesville used a hybrid model of annual Market Updates coupled with inspecting 20% of properties each year. Thus in a five year cycle all properties would likely be inspected at least once. That model was discontinued in 2003 based on property owner protests. Since then there has been no City Council / Administrative direction on approach for the next revaluation. Methods of Completing a Revaluation The following options are generally available for completing a revaluation: ? Contracted. Contracting with a professional revaluation firm. Working cooperatively with City staff, the firm performs data collection, prepares assessments and defends values at Open Book and Board of Review. ? Division Staff. Use of experienced Division Staff, often augmented with temporary employees to assist in data collection / entry and possibly contracted assistance from a professional revaluation firm for valuation tasks. ? Do Nothing. Failure to voluntarily comply would, by statute, require the DOR to bid the work, hire a private firm and complete the revaluation (essentially the same as Contracted method). The total cost of services (contract and DOR) is billed to the community. This logically results in the highest cost and the City gets no input or control in this process. ? An ala carte approach. Under this method consideration can be given to changes in service levels to minimize various component costs. It is most applicable to the Market Update concept. Considering the high cost to the other 5 methods and the challenging economic conditions confronting city budgets, a combination of components could be considered. Tasks may include: Contracting for a Full Revaluation of commercial properties for 2010 o including full inspections of all structures. Exclude property inspections for residential properties not affected by o new construction, building permits or sales. Alternative means of data verification could be considered rather than mass property inspections. Examples of alternative approaches to data verification might include an in-the-car, curb-side review of all parcels; asking residential property owners to verify limited data by mail (a decision would be needed regarding when call back inspections would occur); and technology options including use of air photos. The alternatives in this option all depart from the historical service level of interior/exterior inspections and thus should be preceded by a policy discussion. This approach would be coupled with a full commercial revaluation. Not completing a residential revaluation but instead hedge that the o current trend in declining property values will continue through 2009 and thus statutory compliance might be achieved naturally in 2010 and/or 2011. This should be coupled with a full commercial revaluation for 2010 as that class of property is less likely to naturally fall into compliance. This approach has risk should values not drop sufficiently to achieve compliance the DOR would order a revaluation as outlined in the Do Nothing approach. Considerations for Choosing Revaluation Approach and Methods There are a number of factors to consider in choosing the approach and method for completing a revaluation including the following: ? Property Data. Property data is the foundation for valuation and many other public and private activities. Real estate is dynamic with physical and market attributes constantly changing. Collecting and verifying data occurs through inspections. Approximately 30% of properties were last inspected in 1996-97 and only 25% have had inspections in the last 5 years. A sampling of data accuracy indicates that 24% of properties have completely accurate data, 74% have data that is 90% or better and 2% have data less than 90% accurate. ? Division Staffing. Division staffing is based on completing annual assessing, not the extra tasks of revaluation. Staff is young in tenure and experience with an average of just 3 years in the profession. Three of six staff members (50%) are new to the office and the profession since January 2008. ? Software. Staff is in the process of implementing new custom Computer Assisted Mass Appraisal (CAMA) software. Implementing the CAMA will consume significant staff resources through 2009 and into 2010 thus reducing availability for revaluation activities. ? Community Acceptance. The 2002 revaluation resulted in controversy and a divisive citizen petitioned DOR review of assessment practices. Although the DOR ruled favorably on assessments and staff performance, citizen skeptics likely remain. To dispel that, the revaluation should include a commitment to accuracy and equity in assessments as mandated by property owners. 6 ? Public Relations. Regardless of the reality that assessments are based on sound economic principals and factual data, and that the revaluation process itself is revenue neutral, property owners typically receive the results with an element of fear and emotion. To counter misinformation and panic, a significant education/ public relations effort is necessary. ? Cost. Professional services, property inspections and data analysis tasks associated with revaluation are labor intensive and expensive. Levy limits impact how those can be funded. Response to Request for Professional Services Considering the above challenges, in March 2008 staff issued a Request for Proposals (RFP) for revaluation services. The RFP presented two inspections options for residential properties, 100% or 30% (primarily those not visited during the 2000-02 cyclical inspections). The effort produced three bids from: Tyler/CLT in st West Allis, WI; 21 Century Appraisal of Middletown, PA; and Associated Appraisal Consultants Inc of Appleton, WI. RFP responses were evaluated based on written content and interviews. Tyler/CLT st was the strongest candidate (89%); followed by 21 Century (80%); and Associated (70%). Tyler/CLT’s rating reflects their depth of resources, Wisconsin experience and familiarity with our assessment operations. Tyler/CLT provided us limited st contract assessment services from 5/03 thru 7/08. 21 Century rates well on public relations/education, solid valuations and knowledge of the CAMA software we are installing. Their shortcoming is knowledge/experience with Wisconsin’s assessment law. Although viable, Associated Appraisal lacks experience with parcel counts our size (22,000+) and knowledge of our CAMA software. Original bids were due on April 1, 2008. Based on delays in the decision making process the original quotes became void. We’ve received updated estimates for a 2011 revaluation and found, as expected, that costs increased. Following are current estimated costs for the two revaluation options. We have not fully explored costs under the Ala Carte method other than the commercial component. Regarding residential properties, it appears more efficient and effective to first make the policy decision and then arrive at the cost based on the assumption that reduced service levels would logically result in less cost than the alternatives presented below. BID SUMMARY HARRIS/21 st CLT ASSOCIATED Alternative C1 - complete inspection and revaluation of $179,000 $80,000 $121,000 all commercial properties (approximately 1,400 parcels) Alternative R1 - complete inspection and revaluation of $1,229,000 $879,000 NA all residential properties (approximately 21,000 parcels) Alternative EX1 - complete inspection and value $33,000 $40,000 NA estimates for all improved exempt parcels (approx 240) Total Cost of Recommended Approach (C1+R1+EX1) $1,258,200* $999,000 $1,749,600 Alternative R2 - limited inspection (7,000 parcels) and $866,100 $549,000 NA complete revaluation of all residential properties Total Cost Substituting Residential Alt R2 (+C1+EX1) $966,500* $669,000 $1,402,900 In CLT proposal individual Alternative costs are bid as separate from a total revaluation or ala carte. The total cost of * combining all into one revaluation effort represents economy of scale and is therefore less than the sum of the parts. 7 Budget Considerations The following summarizes current and prior year funding considerations for revaluation activities: 2005 - $50,000 Unexpended Division funds encumbered for CAMA data conversion. 2006 - $50,000 Unexpended Division funds encumbered for CAMA data conversion. Both 2005 & 06 funds might be available for revaluation depending on contract specifications. 2009 - $117,700 Budgeted for revaluation activities ($22,700 postage; $17,500 advertising/promotions; and $77,500 – other ½ cost of revaluing commercial properties). Total = $217,700 potentially available funding - although $140,200 is to meet revaluation contract commitments required of City for the reval (postage, advertising, data conversions). Considering financial constraints imposed by legislated tax levy limits, the community’s desire for property tax control and declining economic conditions, funding is not easily budgeted to complete a revaluation. Borrowing is an alternative. Unlike capital projects, borrowing for services is taxable debt resulting in higher interest charges. A review of funding sources for short term taxable debt indicates that a Wisconsin State Trust Fund loan is a choice. An Accounting Division analysis provides the following illustrative annual and total debt service costs. Actual costs will vary based on the details of revaluation activities, interest at time of borrowing (currently 3.5%) and any reduction of borrowed principal through application of potentially available funding or partial funding in future budgets. Annual Payment - Annual Payment - Limited Full Revaluation (Alts Inspection Revaluation Payment Option / Bid C1, R1 & EX1) (Alts C1, R2 & EX1) Price 3-Year Loan for High Bid $616,360 $494,230 3-Year Loan for Low Bid $351,940 $235,680 5-Year Loan for High Bid $382,110 $306,390 5-Year Loan for Low Bid $218,180 $146,110 3 year loan requires annual payments in 2010, 2011 & 2012 5 year loan requires annual payments in 2010, 2011, 2012, 2013 & 2014 Total Payment - Full Total Payment - Limited Revaluation (Alts C1, Inspection Revaluation Payment Option / Bid R1 & EX1) (Alts C1, R2 & EX1) Price 3-Year Loan for High Bid $1,849,100 $1,482,700 3-Year Loan for Low Bid $1,055,900 $707,100 5-Year Loan for High Bid $1,910,600 $1,532,000 5-Year Loan for Low Bid $1,090,900 $730,600 3 year loan total payments from 2010-12 5 year loan total payments from 2010-14 8 Citizen Advisory Committee on Assessing Input In 2003 the City Manager formed the ad hoc Citizen Advisory Committee on Assessing to provide input on public relations issues resulting from the revaluation conducted in 2002. The Committee was active 5/2003 – 9/2004, at which time they completed their original charge. That included the recommendation that following the completion of the next city wide property revaluation, we should enter into a cycle of completing Market Update revaluations every other year. The premise was that the next revaluation, that currently being discussed, would be a Full Revaluation with interior/exterior inspections of all properties. In September 2008 the Advisory Committee was reactivated with a new charge to provide input on public relations efforts associated with a revaluation. In their initial meeting we briefly revisited their prior achievements, including the recommendation on revaluations and property inspection cycles. The Committee continued to support their prior recommendation. What values do we want to uphold in this decision and completing this task? When faced with making decisions on service level changes it is beneficial to consider this critical question. Answering this question can assist in establishing a common definition of success for the task to be completed because without that we will likely not succeed. It will help establish how customers and stakeholders should treat and respond to each other as this necessary service is completed. Will we hold to traditional core values and: ? Be honest with each other and in our expectations; If a reduced service level is chosen, is the community comfortable with the o likely fact that property data and thus some assessments may not be completely accurate? ? Respect each other’s rights within the context of applicable laws and rules; Will participants operate within the normal appeals processes and not move o to politicize the assessment function? ? Act in a responsible and accountable manner; Will participants engage in the process by becoming informed and o knowledgeable of assessment practices and local real estate conditions? ? Demonstrate fairness in decision making without favoritism or prejudice; Will participants look beyond individual situations and respect the relational o integrity of the assessment process? ? Maintain civic responsibility in our common society; Understand that the assessment process is based on statewide laws and tax o policy that is not punitive, but intended to fairly apportion the cost of locally provided public services. Will participants acknowledge that whenever someone deliberately attempts to pay less than their fair share others will pay more? ? Maintain compassion yet recognize that there is no room for subjectivity; Will participants acknowledge that the process is based on factual data and o that assessment staff and appeal bodies cannot respond arbitrarily to individual financial conditions or “perceptions” of value? ? Have the courage to remain true to the charge; If confronted with opposition will participants focus on the legal framework of o the process and remain firm in the commitment to achieve the desired result? 9 Pros and Cons of Approaches and Methods available for consideration The tables on the following pages summarize pros and cons for the various approaches and methods to completing the required revaluation. THE WHAT - APPROACHES TO Full Reval Exterior Review Market Update REVALUATION Reval (Assumption: in all approaches inspections will occur annually for properties subject to new construction, building permits or a sale) Pros of Approach to Revaluation Complies with recommended DOR process X Will likely result in compliance with DOR X X X Level of Assessment Will likely result in compliance with DOR X X X Uniformity within and between classes Property owners have access to all X participation opportunities (full inspections) Builds community trust in the process X Provides customer direct (at their door) X X education & public relations Creates accurate, complete and consistent X property data Results in the most accurate and equitable X assessments. Provides technical development X X X opportunities to Division Staff Assists with CAMA Implementation by filling X X data voids Moderate Value at Moderate Cost X Cons of Approach High Value at High Cost X Reduced Value at High Cost X Service reduction from prior practices X X Less accurate and equitable assessments. X X May reduce long term acceptance of interior X X inspections Completion requires 18-24+ months X X X Property owners do not have access to all participation opportunities (no full X X inspections) 10 THE HOW - METHODS OF Full Reval Exterior Review Market Update COMPLETING A REVALUATION Reval Pros of Method relative to Approach Contracted Access to Access to Access to professional professional professional services results in services results in services results in efficient / effective efficient / effective efficient / effective revaluation along revaluation along revaluation along with Division staff with Division staff with Division staff development. development. development. Division Staff NA NA NA Do Nothing Postpones issue Postpones issue Postpones issue & expense until & expense until & expense until 2012. 2012. 2012. Contracted Commercial Revaluation Low cost solution Low cost solution Low cost solution to most complex to most complex to most complex task. Access to task. Access to task. Access to professional professional professional services results in services results in services results in efficient /effective efficient /effective efficient /effective reval with Division reval with Division reval with Division staff development. staff development. staff development. No Residential Inspections (use Reduce cost by alternative data verification methods) reducing most NA NA labor intensive task. Rely on Declining Residential Property Reduce cost by Values NA NA removing largest task. Cons of Method relative to Approach Contracted High cost. High cost. High cost. Division Staff Insufficient Insufficient Insufficient resources to resources to resources to complete tasks. complete tasks. complete tasks. Do Nothing Likely the most Likely the most Likely the most costly option. costly option. costly option. Satisfies need but Satisfies need but Satisfies need but sacrifices benefit. sacrifices benefit. sacrifices benefit. No City control. No City control. No City control. Contracted Commercial Revaluation Low cost. Low cost but less Current database data accuracy. does not support. No Residential Inspections (use Reduced service alternative data verification methods) and sacrifices NA NA data and value accuracy. Rely on Declining Residential Property Results the same Values as Do Nothing if NA NA values don't fall into compliance. c: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 11