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Friday, May 18, 2012

Are Some Property Owners Getting Steam Rolled?

GoLocalWorcester: Questions Answered – and Raised – over Worcester Property Values

By Walter Bird Jr., GoLocalWorcester Reporter

City councilors wanted answers regarding the mystery surrounding the manual overrides of property valuations being blamed for this year’s sky-high assessments.

“We’re in limbo,” said At-Large Councilor and former Mayor Konstantina Lukes. “I’m not sure it’s any clearer than before.”

Lukes spoke to GoLocalWorcester after a marathon session that saw councilors tackle the first part of City Manager Michael O’Brien’s fiscal 2013 budget, before heading into a regular council meeting. There, the City Manager tried to explain why so many property values – during the city’s triennial revaluation – have doubled, tripled and, in some cases, quadrupled.

O’Brien was armed with a report councilors had been anxiously awaiting. But it ended up raising a lot of questions. For example, the council had asked for a list of the approximately 2,000 valuations of commercial and industrial properties that O’Brien had said were manually overridden by the city’s previous assessor. O’Brien provided records from 1998 – one year before current Assessor William Ford came on board – detailing 2,155 properties for which an override was entered.

Manual overrides are a legal practice used to account for any number of factors in a valuation, such as a change of building use or for a property that had become vacant. According to O’Brien, the overrides were done in two main categories: Functional Obsolescence and Economic Obsolescence. The former refers to a reduction in property value due to an inability to perform the function for which it was designed. The latter is a reduction in the value of a property because of effects, events or conditions not controlled by the current use or condition of the property.

In an accompanying report provided to councilors, O’Brien pointed out that the percentage adjustments for economic and functional obsolescence were, in some cases, as high as 100 percent. Some councilors have questioned the overrides. No specifics

The problem, at least for Lukes, was that the report O’Brien put forth did not mention specific properties or their owners. Instead, properties were identified by their location on a city map, their block and lot.

“I wanted names,” Lukes said. “I wanted property owners, not blocks and lots.”

What she walked away with instead, Lukes said, was the feeling that “there’s another player here.” She was referring to the Massachusetts Department of Revenue (DOR), the agency Councilor George Russell previously accused of forcing the city to adopt a new valuation method that he said inflated property valuations. The DOR has denied any such action, while acknowledging it played a huge part in reviewing the assessing systems and their ultimate overhaul.

In his accompanying report to the council, O’Brien said, “The Commonwealth’s Department of Revenue’s (DOR) oversight was present throughout this process, conducting detailed data quality reviews of all categories and classes of properties. I am confident that based on this extensive undertaking and the checks and balances that have been put into place, that this is the most current and consistent assessment database and system we have had as a City.”
DOR involved

In addition to asking for a list of the manually overridden properties, councilors had also asked for a report on the legal responsibility of the DOR. In his report, O’Brien said the DOR’s Bureau of Local Assessment “is responsible for regulation, oversight, training and technical assistance to cities and towns in the areas of real and personal property valuation and classification. Consequently, one of the main duties of the Bureau is to review and re-certify each municipality's property values once every three years to ensure they are at full and fair market value.”

Based on the DOR’s apparently close involvement, Lukes does not believe there was anything illegal about the manual overrides.

“I think if something was illegal, there would have been action taken,” Lukes said. “I’ve been poking around, but I’m only scratching the surface. But I don’t believe there was anything illegal.”

Former Assessor Bob Allard has denied any wrongdoing and has refuted assertions that he performed more than 2,000 manual overrides.

GoLocal Worcester: Worcester Could Face Flood of Abatement Requests After Tax Bills

By Walter Bird Jr., GoLocalWorcester Reporter

It’s safe to say many Worcester taxpayers are sitting on pins and needles waiting for the city to set the tax rate. Likewise, city officials are bracing for what could be a mountain of tax abatement requests from unhappy customers.

“I think so, yes,” At-Large Councilor and former Mayor Konstantina Lukes said when asked whether she thought taxpayers might be biting their nails. “And there’s a more intense advocacy for a more favorable rate for businesses. Instead of the same predictable folks, we’re seeing a lot of different people.”
Pressure Is On

That puts the pressure on councilors during next week’s tax classification hearing. However it turns out, most appear in agreement on one issue: City Hall is going to be swimming in abatement requests once customers get their bills. They have 30 days to file for an abatement, which is when a homeowner appeals the new tax rate given to them by the city.

“We’re going to have a ton of requests, absolutely,” said At-Large Councilor Joseph O’Brien, another former mayor, who believes the city should ready itself by beefing up staff “as much as necessary” so taxpayers can send their requests.

There could be another wrinkle. Lukes said the city has its next tax classification hearing in November, saying, “There may be two sets of abatement requests within six months.”
High Number Expected

While the exact number remains to be determined, the city projects between 1,600-2,000 abatement requests this year. Those who are successful will be paid out of an overlay reserve account. The assessor raises money in that account to cover abatements and exemptions that meet state requirements. According to Christina Andreoli, spokesperson for City Manager Michael O’Brien, abatements are granted when real or personal property has been overvalued or disproportionately valued.

There was $3.9 million budgeted for overlay in fiscal 2012, according to figures Andreoli supplied to GoLocalWorcester. In fiscal 2011, that amount was $3.11 million. In fiscal 2010, $2.75 million was budgeted. The figures did not include how much was spent.
‘Considering’ Abatement

Several businesses throughout Worcester have already learned their property values, which in some cases increased by more than 100 percent. In extreme cases, such as with Saint-Gobain, values shot up more than 400 percent. That company could be among those seeking an abatement. Worcester businesses can expect to find their new property bills in the mail in the coming weeks.

“Anybody in the 100-percent-plus range is certainly at least considering it,” said Richard Kennedy, president and CEO of the Worcester Regional Chamber of Commerce.

A company like Saint-Gobain, from whom Kennedy is retired, needs to consider all its properties. The 400-percent increase was for just one parcel.

“First of all, you can’t file (an abatment) until you get your tax bill and pay it," Kennedy said.
Staying Positive

District 4 City Councilor Sarai Rivera said she is maintaining a positive attitude – even though she is positive there will be a high number of abatement requests.

“Definitely a lot of people are going to apply,” said Rivera, who also thinks a good number of those requests will be granted. “I think with a couple people I talked to, yes, I think they will be successful. The numbers are just so very different. I mean we’re talking way over-the-top increases. I would imagine there would be a measure of success.”

O’Brien agreed, saying: “From my perspective, I think we’re going to have a high number of requests, and looking at some of the numbers, we’re going to see a high success rate.”
Another Bill

Taxpayers face more than the prospect of high tax bills. They’re also going to be hit with the first-quarter fiscal 2013 bill in July. That prospect has generated some talk over whether the city should delay sending out that bill. Councilors are not unaware of the financially dire straits in which many homeowners and businesses find themselves.

Rivera said she would support a delay in sending out first-quarter bills, if the city is allowed under state law. Massachusetts Department of Revenue spokesperson Robert Bliss was not immediately aware of the laws governing tax bills.

“If it’s something within our power, yes,” said Rivera. “I would support anything that will help our business owners or residents.”

Added Lukes: “Seventy percent of the property in the city is in escrow with a mortgage. They may not feel a hit, but what about those who have no mortgage or escrow and are paying for this right out of their pocket? There has been discussion on delaying the first-quarter bill. We haven’t spent a whole lot of time on it. We’re not going to make a hard and fast rule. This is probably a once-in-a-lifetime event.”

Wednesday, May 16, 2012

T&G: Lowest residential taxes unlikely in Worcester. Fear of burdened businesses

By Nick Kotsopoulos TELEGRAM & GAZETTE STAFF

WORCESTER —  With many business owners reeling from dramatic increases in their property assessments, some city councilors are signaling that the lowest residential tax rate allowed under tax classification is not in the cards this fiscal year.

They said that may have to be the case because the highest possible tax rate for commercial and industrial properties, combined with the skyrocketing assessments, would place a tremendous tax burden on many businesses.

“It doesn’t take a math whiz to figure out that with the lowest residential tax rate, commercial tax bills would go through the roof,” said Councilor-at-Large Frederick C. Rushton.

“We have to figure out what we’re going to do with this situation,” he added. “The way I’m reading the tea leaves, if we vote the lowest residential tax rate it would send a true shock to the business community. We have to be cognizant of the cause and effect of the tax rates we eventually set because the bottom line is what the final bill ends up being.”

Since the early 1980s, the city has set separate tax rates for residential and commercial-industrial properties, as is allowed under tax classification.

The City Council has adopted the lowest residential tax rate in several of those years, and in all years the residential tax rate has been significantly lower than the commercial-industrial rate.

Adoption of the lowest residential tax rate translates into the highest possible tax rate for commercial and industrial properties.

Pending final certification of the city’s triennial property revaluation, the City Council hopes to finally be able to set the tax rates for this fiscal year on May 22.

Councilor-at-Large Konstantina B. Lukes, who has traditionally voted for the lowest residential tax rate, said setting the rates for this fiscal year will be one of the most difficult decisions the council will have to make.

While acknowledging that adoption of the lowest residential tax rate could cripple many businesses, she said she does not want to see homeowners have to bear the burden through higher taxes as a way to correct past assessing practices.

Mrs. Lukes has suggested that homeowners be asked to pay no more of an increase in their property taxes than what they paid the previous year.

“We’re all going to get blamed for this,” Mrs. Lukes said. “We find ourselves having to correct the culmination of a series (of assessing) missteps.”

District 5 Councilor William J. Eddy, meanwhile, said setting the tax rates should not come down to pitting homeowners against business owners, as seems to happen every year.

“We’re one community,” Mr. Eddy said. “We have to make a decision on the tax rate that ensures our residents have a livable city.”

District 1 Councilor Tony Economou said he fears a higher tax rate for business properties could unravel all the progress that has been made in the city the past several years.

“We have to look at all options going forward,” he said. “These kinds of tax increases simply cannot be absorbed by many businesses.”

But District 2 Councilor Philip P. Palmieri, who has already indicated that he is leaning toward once again supporting the lowest residential tax rate, said it is an issue of fairness.

He said homeowners should not be asked to pick up a greater share of the tax burden to compensate for many business properties being under-assessed for so long.

“This is a problem no one had anticipated, certainly not of this magnitude,” Mr. Palmieri said. “I’ve always committed to the lowest residential tax rate and will probably remain that way. Residents shouldn’t have to carry the full burden.”

District 3 Councilor George J. Russell, who has questioned the method used to assess commercial and industrial properties, said he has always advocated for tax rates that favor the homeowner.

“My fear is that the council is going to shift the tax rate to the homeowner to somehow make up for an assessment process that does not reflect accurate values,” Mr. Russell said.

Of the city’s 2,278 commercial parcels, the assessed valuations for 317 have gone up 10 percent to 20 percent; 498 went up 20 percent to 40 percent; and 540 went up 40 percent to 100 percent, according to city officials.

Meanwhile, the valuations of 174 commercial properties have increased by more than 100 percent.

Of the 598 industrial properties in the city, the assessed valuations of 58 of those properties have increased by 10 percent to 20 percent; 98 properties went up by 20 percent to 40 percent and 101 properties shot up 40 percent to 100 percent.

In addition the assessed valuations of 60 industrial properties have more than doubled.

Meanwhile, residential property assessments have decreased by 3.8 percent on average compared with the previous year.

T&G: Worcester faces tough choices in setting tax rate this year

By Nick Kotsopoulos TELEGRAM & GAZETTE STAFF

WORCESTER —  With many business property owners swooning from dramatic increases in their property assessments, some city councilors are signaling that the lowest residential tax rate allowed under tax classification is not in the cards this fiscal year.

They said that may have to be the case because the highest possible tax rate for commercial and industrial properties, combined with the skyrocketing assessments, would place a tremendous tax burden on many businesses.

"It doesn't take a math whiz to figure out that with the lowest residential tax rate, commercial tax bills would go through the roof," said Councilor-at-Large Frederick C. Rushton.

"We have to figure out what we're going to do with this situation," he added. "The way I'm reading the tea leaves, if we vote the lowest residential tax rate it would send a true shock to the business community. We have to be cognizant of the cause and effect of the tax rates we eventually set because the bottom line is what the final bill ends up being."

Since the early 1980s, the city has set separate tax rates for residential and commercial-industrial properties, as is allowed under tax classification.

The City Council has adopted the lowest residential tax rate in several of those years and in all years the residential tax rate has been significantly lower than the commerical-industrial rate.

Adoption of the lowest residential tax rate translates into the highest possible tax rate for commercial and industrial properties.

Pending final certification of the city's triennial property revaluation, the City Council hopes to finally be able to set the tax rates for this fiscal year on May 22.

Councilor-at-Large Konstantina B. Lukes, who has traditionally voted for the lowest residential tax rate, said the tax rates set by the council for this fiscal year will be one of the most difficult decisions it will have to make.

While acknowledging that adoption of the lowest residential tax rate could cripple many businesses, she said she does not want to see homeowners have to bear the burden through higher taxes as a way to correct past assessing practices.

Mrs. Lukes has suggested that homeowners be asked to pay no more of an increase in their property taxes than what they paid the previous year.

"We're all going to get blamed for this," Mrs. Lukes said. "We find ourselves having to correct the culmination of a series (assessing) missteps."

District 5 Councilor William J. Eddy, meanwhile, said the setting of the tax rates should not come down to pitting homeowners versus business owners, as seems to happen every year.

"We're one community," Mr. Eddy said. "We have to make a decision on the tax rate that ensures our residents have a livable city."

District 1 Councilor Tony Economou said he fears a higher tax rate for business properties could "unravel" all the progress that has been made in the city the past several years.

"We have to look at all options going forward," he said. "These kind of tax increases simply cannot be absorbed by many businesses."

But District 2 Councilor Philip P. Palmieri, who has already indicated that he is leaning toward once again supporting the lowest residential tax rate, said it is an issue of fairness.

He said homeowners should not be asked to pick up a greater share of the tax burden to compensate for many business properties being under-assessed for so long.

"This is a problem no one had anticipated; certainly not of this magnitude," Mr. Palmieri said. "I've always committed to the lowest residential tax rate and will probably remain that way. Residents shouldn't have to carry the full burden."

District 3 Councilor George J. Russell, who has questioned the method that was used to assess commercial and industrial properties, said he has always advocated for tax rates that favor the homeowner.

"My fear is that the council is going to shift the tax rate to the homeowner to some how make-up for an assessment process that does not reflect accurate values," Mr. Russell said.

Of the city's 2,278 commercial parcels, the assessed valuations for 317 have gone up 10 percent to 20 percent; 498 went up 20 percent to 40 percent; and 540 went up 40 percent to 100 percent, according to city officials.

Meanwhile, the valuations of 174 commercial properties have increased by more than 100 percent.

Of the 598 industrial properties in the city, the assessed valuations of 58 of those properties have increased by 10 percent to 20 percent; 98 properties went up by 20 percent to 40 percent and 101 properties shot up 40 percent to 100 percent.

In addition the assessed valuations of 60 industrial properties have more than doubled.

Meanwhile, residential property assessments have decreased by 3.8 percent on average compared with the previous year.

T&G: Worcester earns A's in fiscal ratings

By Nick Kotsopoulos TELEGRAM & GAZETTE STAFF

WORCESTER —  The city's fiscal health remains strong as two bond rating agencies have affirmed their previous ratings for it, citing “significant improvement” in its reserve and liquidity positions, as well as prudent management of unused property tax-levy capacity and steady progress toward funding long-term liabilities.

Moody's Investors Service has assigned an “A1” rating to the city's upcoming bond sale — $6.8 million general obligation District Improvement Financing Bonds.

It also affirmed the “A1” rating and “positive outlook” for the city's $573 million worth of outstanding general obligation limited tax debt.

Concurrently, Standard & Poor's assigned its “A-” long-term rating to the city's bond issuance and affirmed its “A-” rating and positive outlook for previously issued debt.

The general obligation District Improvement Financing Bonds are scheduled to be put out for sale on May 22.

At the same time, the city plans to sell $21.9 million in short-term Bond Anticipation Notes.

City Manager Michael V. O'Brien said the ratings are an indicator of the city's long-term “stability, vibrancy and vitality.”

“I am pleased by this news and appreciative of the collective work that has been done by all to help stabilize our municipal finances,” Mr. O'Brien said.

In its analysis, Moody's said its long-term “A1” rating reflects the city's satisfactory overall credit profile, which includes improved financial reserves, moderate tax-levy capacity under Proposition 2-1/2 and medium-term expansion in the city's economic base.

Moody's added that its positive outlook for Worcester recognizes continued improvement in financial operations, resulting in increased reserves, expected medium-term tax-based growth and a prudently-managed debt position.

“Worcester's positive outlook reflects the city's improved financial position and reduced enterprise risk due to a conservative approach to budgeting and expenditure management,” the Moody's report said. “The city's management and elected officials have adhered to its adopted Five-Point Plan, a set of comprehensive financial policies adopted in 2006 to improve financial reporting and forecasting for the city's operating and capital budgets, generate growth in reserves and provide limits for annual general fund borrowing.

“The positive outlook anticipates improvement in Worcester's financial position in the near term, including continued augmentation of general fund and stabilization fund reserves, steady progress toward funding (long-term liabilities) and a prudent approach to capital planning and debt management,” the report added.

Standard & Poor's, meanwhile, said good financial management practices have enabled the city to maintain financial stability through the recession, while many other communities' bond ratings have declined.

“Worcester's financial position has improved substantially over the past three fiscal years,” the Standard & Poor's report said. “The positive outlook reflects our assessment of the city's ongoing progress toward improving financial budget management practices and reserves, while at the same time implementing cost control and reform measures associated with its long-term liabilities.

“In our view, the city has proactively adjusted to lower state revenues and local receipts through the recession,” it added. “Moreover, economic development has been steady.”

Both ratings agencies did express concerns, however, about the city's ability to address a large unfunded liability for post-employment health benefits. According to most recent actuarial projects, that unfunded liability is at about $765 million, which is actually down significantly from an initial 2008 valuation of $1.2 billion.

Sunday, May 13, 2012

Are You Thinking About Filing An Abatement Application?

Golocalworcester: Chamber Head: Worcester Valuations to Close Businesses

Walter Bird Jr., GoLocalWorcester Reporter

Worcester businesses will go under if the city levies the highest possible tax rate on commercial and industrial properties, Dick Kennedy said.

That uncertainty, said Kennedy, president/CEO of the Worcester Regional Chamber of Commerce, combined with recent skyrocketing assessment, has city officials and property owners holding their breath until fourth quarter tax bills are delivered.

Kennedy said business owners are worried that property valuations, which in some cases have doubled and tripled, will contribute to a sharp increase in their taxes when the city finally mails out the final fiscal 2012 tax bills. Those will be followed in short order by the first quarter bills for fiscal 2013.

“Yes,” he answered flatly when asked whether some owners would go out of business if their tax bills increase sharply. “Let me put it this way. Very successful businesses are calling me, saying I don’t know if I would move or stay in business.”
Businesses are ‘backbone’

That is not a message Mayor Joseph Petty wants to send to a valuable and much-needed part of the city’s tax base.

“I certainly do not want one business to close in Worcester and certainly not because of our tax structure,” Petty said in a statement to GoLocalWorcester. “I am very concerned as to what the impact of the new assessments will have on the business community. Small business are the backbone of our economy and I will take a very detailed look once we receive the numbers as to what the impact will be for both the residential and the commercial owners.”
What will they pay?

Residential taxpayers, city councilors and officials all share the same concerns: With a tax classification hearing set for May 22, and tax rates (the city has a two-tiered tax system) ready to finally be set, how bad, exactly, will the news be for taxpayers? And is there anything the city can do to avoid putting the hurt on them? The answers aren’t pretty. The current residential tax rate is $16.06 per $1,000 assessed valuation. The commercial, industrial and personal property tax rate is $34.65 per $1,000.

“There are very few options, no one of them good,” At-Large City Councilor and former Mayor Konstantina Lukes said. “Should the council rectify past inequities and give residential taxpayers less of a burden to make up for what they had been picking up? On the other side, these are bad economic times. We’re trying to pass the burden around and we can’t, because we’ll lose business.”

While there is much speculation over just what the tax rates will be, Petty wasn’t about to join the rumor mill or raise any fears.

“I cannot comment on what the implications will be to the taxpayers until we see the numbers,” Petty said. “We currently have not been provided with that information.”
File an appeal

Still, the news does not appear good for residential taxpayers. Of course, there are options. Taxpayers have two routes when it comes to disagreeing with their tax assessments. They can request tax abatements or they can take the city to court. The first step is to file an appeal and the city has plenty of those on its plate. For fiscal 2011, there were a total of 95 residential and commercial appeals filed, according to Christina Andreoli, spokesperson for City Manager Michael O’Brien.

Based on early signs – some property valuations have increased, percentage-wise, in triple digits – a high number of appeals is likely for fiscal 2012. Big businesses are likely to feel the pinch, too. The valuation for the Saint-Gobain Abrasives property at 1 New Bond Street, where there are three factories, jumped by 484.6 percent over fiscal 2011 – from $3.3 million to $19.7 million. The valuation for property owned by Berkeley Management at 90 Front St. increased even more – from $2.19 million to $13.79 million, or 527.2 percent.

Calls to representatives for both companies were not immediately returned.
Controversial overrides

Adding to the furor over potentially crippling tax bills is a debate over the system the city once used for property valuations. Officials claim assessors previously performed several manual overrides – a practice the Massachusetts Department of Revenue (DOR) acknowledged is standard and widely used. Andreoli said a review of the assessing department, which O’Brien mandated when the new assessor, William Ford, arrived in 2009, revealed more than 2,000 manual overrides. That helped keep tax levels low, many now believe artificially, and when they were removed property assessments shot up.

Manual overrides are used, according to DOR spokesperson Bob Bliss, to account for any number of factors in a valuation, such as a change of building use or for a property that had become vacant.

“(Ford) found that more than 2,000 properties had manual overrides on them and in some cases properties had not been inspected in years – there was no back-up, documentation, or notes in the file to say when these changes or adjustments occurred,” Andreoli told GoLocalWorcester. “They could have been there for one reason at one time or another, but as they stand today, there is no place in law or DOR regulations for these overrides to exist. The city must develop fair and equitable values for all classes of property. These values must be based on the most current and accurate property data."

Andreoli said, “As part of this required triennial revaluation, property data was checked, double-checked and tripled-checked through virtual reviews, full-field reviews, and valuation reviews. These reviews were necessary to ensure fair and accurate valuations of individual properties.”

The discovery of manual overrides and the resulting increase in commercial and industrial property assessments has led to finger-pointing and blame, and when the question was posed to Lukes, she said, “That’s an interesting question.”

Former assessor Bob Allard’s name has popped up as officials and residents wonder just why so many overrides were done, something he has publicly refuted. Petty shot down any suggestions of wrongdoing by Allard.

“I do not believe there was tampering,” Petty said. “Bob Allard worked for this city for long time and was always held in the highest regards. I am not aware any issues or concerns as to how he acted as the city’s assessor or how the assessing department was run.
An outdated system

The real culprit could be an antiquated process that, as late as 2007 was operating on DOS, or disk operating system. Printers spit out large reams of green-barred paper with perforated edges.

“Now,” said Bliss, “The city has a new, state-of-the art system.”

Actions, which were previously done manually, are included in the new system, although Bliss said manual overrides can still be done.
Income approach

The new way of doing things has also ignited anger among some observers, including City Councilor George Russell, a licensed realtor whose business also includes a real estate school. The city now assesses commercial and industrial property using an income method, meaning it looks at what a property could generate in revenue. Russell believes the state has forced the city to use this method of valuating property.

“The administration tells me that’s what Boston is making us do,” he said, a charge Bliss vehemently denied.

“No,” Bliss said. “We did not encourage the city to use the income approach. That’s what they used to use.”

There are three approaches to assessing property, he said. One of them, the comparable sales method, is predominantly used to assess residential property, because it is easier to find other properties of comparable worth. That is not the case with commercial and residential property. Russell acknowledged that point, but believes it is unfair when it is the only method used to assess those properties.

“It works when you have income,” he said. “But if you have a vacant property … you can’t say, gee, in a perfect world it would rent for whatever.”

Russell made it clear he is an advocate for the lowest possible residential property rate for homeowners, “or slightly lower, but not more than, last year.”
Confidence high, low

Russell answered directly when asked whether he had confidence in the city’s handling of the fiscal 2012 property assessments.

“I’m confident in the city manager and the administration overall, but not happy with the way the whole valuation process has come out,” he said.

When asked about the current assessor, Russell said, “I don’t have confidence in the way he’s gone about this process. Personally, I think he’s honorable. I just think the process he’s chosen is not accurate.”