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Good morning. Today's date is.
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Down there we go. There we go.
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Good morning. Today's date is Friday, September 20, 2024. This will be the elite County Board of Equalization.
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Appeals of.
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Valuation appeal Hearing date. We are located in Globe, AZ and we are convening in the Supervisors Chambers, Board of Supervisors
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Chambers or Board of Equalization. My name is Chuck Johnson. I'll be acting as the hearing officer. For those of you that are not
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familiar with the protocol, let me apprise you the protocol and then we will have all those that anticipate or possibly.
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Giving testimony during today's hearings.
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To take the oath that will be administered by the by the clerk. So at this level of hearing, this is the quasi judicial hearing.
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And so basically we follow up, we follow Robert's rules of orders order loosely. However, at this level, whether you're a
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petitioner or representative or representing the assessor, the Arizona Legislature has placed the burden of proof.
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On the petitioner at this level, what that means is has you come before a hearing at this level today? The assumption is at the
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beginning of the hearing that the assessors determination or the assessors decision is accurate. So that places the burden on the
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petitioner to overcome the burden. That's what's referred to as meeting the burden of proof now.
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That's that's an act and a function of state law.
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And so that's the burden if you are a petitioner that must be met in order for a ruling at this level to be rendered in your
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favor. Now, a couple of things about that.
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This is for the tax year 2025. So regardless of my decision at this level, either party has the right to appeal and you can appeal
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my decision. The process of appeal is one of three ways you can actually go to, you can actually actually file suit in.
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Superior Court in Gila County, or you can go directly to Tax Court.
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In merit, and that's held in Maricopa County for the.
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The entire state.
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Tax, both Tax Court and obviously a Superior Court judge both have the authority and the jurisdiction to overrule my decision. At
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that level. The burden of proof is no longer on the petitioner. It's handled as a regular court hearing where there's there is no
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given assumption between right, between correct and incorrectness prior to the hearing.
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But at this level there is that assumption, and so that is the burden that the petitioner must overcome. How do you overcome that
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burden? By what's referred to as a preponderance of the evidence. What does preponderance mean? More likely so than not. So you
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need to justify your case or your position in order to find me, to find for a ruling in your favor. Greater than 51% of the.
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Fact or records Now that's the process with regards to the legality of this particular type of process. Now let's talk more about
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jurisdiction. Jurisdiction here is limited to specifically market value. Market value is decided by the again the Arizona State
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Legislature to be reflective of what a well informed.
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Buyer, and also assuming a well informed seller would transact a property's transaction at market value with no undue stimuli on
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either side. It's a little bit of a misnomer. Usually there's a reason people want to buy, and there's usually a reason people
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want to sell, but the assumption is hypothetically that the property were to be transferred or sold as of.
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January 1 of this year, 2024. And it's my decision to determine what that market value justly would be with those assumptions.
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Well informed buyer, well informed seller. And of course this is all hypothetical. I'm not buying anyone's property today, but.
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It's all it's, it's in, it's in the eyes of a hypothetical transaction.
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So what does that mean? That means I do not have any jurisdiction over taxes, tax rate or tax payments. So that's that's just
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something that this that this body board equalization does not have jurisdiction over. I am specifically limited to market value.
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Therefore your testimony or your argument, your evidence, whatever should really be geared.
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Towards that point, because that's really all I have jurisdiction over, I might, I might agree with you personally, I might, I
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might take your point with regards to something other than market value. I might agree with you, but I don't have any jurisdiction
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to really rectify that situation.
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Now that covers the legality of our, of the of this particular hearing that also governs the burden, if you will, of this
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particular hearing. So now let's talk about protocol. So how does the hearing, how does the hearing follow? I will, once everyone
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has been sworn in, will follow the docket. That's in order. And if the assessor has a new recommendation, I'll open with an
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opportunity for the assessor to.
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Vocalize that new recommendation or to reaffirm their existing position with regards to the case, and assuming that there's no
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change to the assessor's position, we'll move right into the hearing. The petitioner will then have the opportunity to basically
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present the case.
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Excuse me. What I mean by that is you can introduce evidence, you can call witnesses, you can introduce exhibits. If you have
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appraisals, you can submit those.
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Excuse me?
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Thank you.
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However, whatever evidence evidentiary issues you would like me to consider, that's your opportunity for.
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For introduction and to read and to go over your case.
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Then the floor, if you will, following Roberts rule of order we all recall from high school debate. We'll then shift to the
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assessor and the assessor can then rebuke, repudiate, or.
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Respond to Thank you to the to the petitioners opening argument.
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At that point, assuming there are no other issues, the four will then, because the petitioner does in fact have the burden to
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overcome, the petitioner gets the last word. So the four will then shift to the petitioner to address whatever issues.
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Excuse me, may have been, may have been raised by the Assessor and to reiterate perhaps or present their final and closing at that
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point.
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No new testimony may be taken from either side.
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If I'm able to at that point, and I usually am, I'll render a decision.
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And if I'm not able to decide it because I need to do some additional research, whatever the case might be, if it if I'm unable to
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render it, then your decision will be delayed for 10 business days, at which time I will do whatever is required to arrive at a
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decision. And you'll be and both parties, both the the county and the petition will be notified by the clerk with regards to what
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that.
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To what my decision is.
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With regards to the matter.
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That in a more than probably.
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A thumbnail sketch of what you want to hear is the process, the legality of it and the, the, the format and protocol that we will
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be taking. Are there any questions before or, or, or well, we'll, we'll do that. Are there any questions before we go ahead and
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move right into it this morning?
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All right.
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Yes, Sir. Good morning. How are you? I'm well. So the only thing that we can argue here today is the full cash value for 2025,
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correct. Actually for 2024, it's actually January 1 of 2024, but it applies to 2025. That's really all that can be argued. We're
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happy to hear whatever issues bring you here today, but our juris, but my jurisdiction is specifically limited to that.
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So so if I went back 5 or 6-7 years.
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That's OK to tell you my position may or may not. I can't. That'd be legal advice thinking I mean, you're, you're you're welcome
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to, to present your case, however that whatever, whatever you want to do that constitutes that we're we're here to receive
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whatever evidence, whatever testimony you know that you want to present to. But I, I can't direct you on how to appeal your case.
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OK, thank you. There are those that can.
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But they're usually like hourly, you know?
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But you're you're welcome to to seek out those.
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Any other questions?
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All right, if you would be so kind, hats please, if you would. Thank you, Sir. And if you would say if you those of you that are
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going to testify if you would.
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Facebook clerk for the administration of the old.
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Yeah, everybody, if you intend on getting testimony, I gotta split you in. Do you? Oh, man, Chuck, I forget.
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Oh, yes, OK. Do you swear that all information provided in this in this hearing will be truthful?
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Yes, thank you. Thank you. All right, First item on the docket that is set for 10:00 is.
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Parcel #301-64-101. And it looks like the petitioner is Mr. Jeffrey Stringham. Is the petitioner, property owner, tax agent or
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attorney representing this parcel present?
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Not so the assessor's offices here, represented by.
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And Miss Wellington being previously sworn, what is your position with regard to this matter?
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I am asking that the courts.
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Leave the forecast value where we have it at 998 to 84 and the limited at 550-2394.
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So if you look at the analysis page, the second page in the red, when you look at his physical cash value score footage was 33578.
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Then we did equitables comparables to his property and ours was 38962, which is more than has. So he's still under our equitable
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values. And then our market approach was at 400 and 3414. So he's still under our market approach. And then the concept he gave
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were like $5 off.
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Difference.
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Whose cost and the comps that he used were?
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Not really in our range of the market analysis at that time.
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OK. Thank you. Anything else?
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No, upon receiving the testimony and packet is presented by the petitioner. No, I will still mark it as petitioners Exhibit A and
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reviewing the basis for the petitioners grounds for appeal and after reviewing the document and the file contained in its entirety
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is the decision of the hearing officer that A no change be entered with regard to this matter that will conclude this matter.
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Thank you.
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Next item on the docket is set for.
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1020 and it appears to be in regards to parcel number 20104009. Petitioner is Billy and Michael Menechi. I'm sorry.
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This is set for 10:20. It's a few minutes before that. You object to moving this time. Or do you want to wait 4 minutes? No, we
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don't.
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All right, go ahead and approach the party if you would.
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And if I could ask, you are the property owner, tax agent, attorney or you're standing property owners? OK, welcome.
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Nice to be here.
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OK. Excuse me. I'm sorry. Does the assessor have a recommendation, initial recommendation with regard before we get started?
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All right. Thank you. Go ahead.
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OK, we built our house and and got a certificate of occupancy on 2017.
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And.
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We got our taxes the next year and our taxes were our full cash value was 286.
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And our taxes were 4400, which I thought was pretty good. That was for 2018. Then in 2019 our full cash value was 604,000 and our
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taxes went up to 7195.
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So I wasn't too happy, so I called the assessor's office.
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And I said, how can our taxes go from 4400 to 7000 in one year? And they told me that I only paid for a partial year. Well, I'm
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from Alaska, so I thought maybe that's a fiscal year, maybe around fiscal year. So I said, well, it is what it is. We have a nice
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house and if it's 7000, it's 7000. So then it went from 604,000 on the full cash value. Over the years, it went up to 1,000,001.
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Which and the and the.
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Limited went to 700 which means my taxes are now $9000 almost. So I decided to look at some of the other places around our place
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and they're all paying 5006 thousand.
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Dollars in taxes and and they're some of them.
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They're the limited value is down South then also when this I got this file from the county.
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And in here.
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It says.
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I was reading it and it says.
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In 2018 your house was put on at 70% and AB5 code was applied.
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Then it says. Then in 2019 it was changed to 100% and a B6 code was applied.
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The B chords recalculate your LPV because you added new improvements that are more than 15% of your full cash value. In this case
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it was your home where home was finished in 2017. I have the certificate of occupancy right here. So then we decided. I said, well
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I wonder what AB5 code and AB6 code was?
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So I look them up under the heel accounting thing. I couldn't find anything. I mean, I can present these to you if you want to
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look at this is what I found on the They don't have it. This was I, I I'm happy to review them if you'd like me too, but I, I'm
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familiar with what B code is. We couldn't find them.
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I couldn't even find what it was. Let me stop it in my mind. B code is rupee.
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Mike OK. All right. So it's coded in Healer County B code, but it's in accordance with what's referred to as Rule B for statewide.
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So it is, it is what I'll go ahead. Go, go ahead. Go ahead. Sir, direct your comments if you would switch forward so we avoid
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crosstalk, but go ahead and finish your opening.
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So anyway I went back and I said well since I have a certificate of occupancy of 2017 December, we have done nothing to the house
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since. Not a thing.
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And I figured out if we were if we were figured at a hundred 100% in 2017.
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In 2017 instead of.
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The 286,000 full cash value, it should have been 395,000 full cash value. And then our taxes have gone up to 5% every year and
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none of them gonna none of the things that someone we looked at, they go down, they're around us, but ours just keep going up. You
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refer to your taxes or your market value. Well, both the market value and the limited cash value, but our limited cash value of
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what would have been.
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Done at 100% on 2017 would have been 395,000 for it would be like. I guess that would be 2018.
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And then if you add the 5% right now at today's date we would for 2024, we would have been at about 529,336 for the limited cash
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value.
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Or the yeah, limited value, which is I assume what is the taxes are based on. So the reason we're here is because I think somebody
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put the wrong thing in or the code. I don't know why they had AAV 5 code and AV6 code. I still understand what they are and and we
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had their certificate of occupancy as December of 2017.
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So that's pretty much our and I could say we looked at a bunch of other properties and it and I mean it's, it's.
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We're I've been on the highest tax guy in the whole county. If you look it up, I wouldn't doubt it. But see the reason is that
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we're from Alaska and you know, like every, every state has different rules on taxes where we have a place up there now we don't
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even pay taxes. We used to live in Fairbanks and they have a little different system for the taxes, but but I was told that.
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When I called when my taxes went up to 7000, I was only paid a partial year the year before.
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Well, then, and I'm looking at it, I don't think that's true. I think I paid a full year because I looked up the counties on a
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calendar year, not a fiscal year.
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OK.
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Anything else, Sir, with regards to your opening? I think that's about it. OK. And then I'm going to turn the floor over to the
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assessor to respond. I'm going to ask them to elaborate a little bit for your own education with regards to Rule B and, and what
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what triggers A will be OK has they has if they accept that request, they're not obligated to if they'll accept that request,
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please.
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Listen to it, but avoid cross talk with them. So avoid this isn't the forum to engage in conversation directly with them. If OK,
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listen to what they have to say and then if you'd like to respond to it, I'll give you the opportunity address. Just address me as
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opposed to the assessor if they'll elaborate on your your, your situation. I'm suspecting on what I'm only anticipating what
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they're going to say and well if.
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We'll walk through a little bit of Arizona history.
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And you'll find that you're not alone. But anyway, I'll go ahead and see how they we'll see what they have to say. Thank you.
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You're free to stay here if you'll because you'll have an opportunity for a final closing if you want to take it.
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At rule B5 is new construction.
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Partial complete construction and that was placed at the time when it was partially complete. AB 6 is when the improvement is
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totally complete and it is moved from whatever percentage it was on to 100% complete and at that time what those will be.
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What that does is it changes the limited value.
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To the percentage of what the full cash value is.
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A normal after Proposition 117, the limited value would normally just increase up to 5% yearly. In the case of a change such as a
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new improvement, demolition, a split, or a combination, that's when a rule B is usually enacted.
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Thank you.
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Thank you.
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And then with regards to your packet.
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In regards to the packet.
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Umm, we stand by our comparables.
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And.
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That's pretty much it. We stand with our comps.
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Sir, opportunity for a file and closing.
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I still didn't understand.
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The Be patient with me while I give you a thumbnail version sketch of Arizona tax history.
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Can I ask one question quick? Um.
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That said that they when they changed that, that was in 2000 and.
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18.
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No, 2017, I believe when they applied it to your home that she's in reference to them. She refers to a passage of proposition.
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What was that #117 Yeah, which was in 2015 was the path was when that the 5%.
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00:24:07
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The issue the issue is Sir.
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00:24:20
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Well, do you have anything else with regards to final closing with regard in respect to market value of the property?
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00:24:23
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Well.
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00:24:33
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Another thing.
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00:24:36
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You didn't do anything.
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00:24:43
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What?
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00:24:47
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Yeah, well.
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00:24:49
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After 2017, the house was built so. So my question is, how can it change in 2018 and then again in 2019 it doubled again. When
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00:24:53
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you're talking about doubling, you're referring to taxes or marketing. I'm talking about the market value and the full cash value
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00:24:59
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22 years in a row.
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00:25:05
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All right, so.
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00:25:13
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So your your question for me is how did your value change? How did my values change when the house was finished in 2017?
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00:25:17
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December.
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00:25:28
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When the home is finished is a different issue than the market value of the home. And I'm I'm left to determine from the board's
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00:25:30
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perspective what the market value is as of 2000, as of January 1, 2014. So that's, that's the scope. I understand what's causing
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00:25:38
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your, I understand your question, I believe.
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00:25:47
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And so.
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00:25:56
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I'm trying to address your question, but the answer to that question is outside, is outside of my jurisdiction. So here's what
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00:25:57
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occurred. You're almost finished in 2017. You the assessor marked it has 100% complete in 2017 to go on to 2018 roles as 100%
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00:26:06
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complete. Is that correct? No, they didn't. OK, Sir, I was asking the assessor.
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00:26:15
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All right, OK.
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00:26:27
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So that's, that's their position. Do you do you counter that position? Yes, because they jacked it again in 2000.
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00:26:29
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Vocabulary.
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00:26:38
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I understand your your concern is taxes and market value, but my assumption is, is that they're accurate. So what evidence do you
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00:26:42
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have that that market value that was assessed, not the taxes I it it, it, it really is, is.
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00:26:51
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It really is a of no regard to the board what the taxes are because that's a function of calculation. The calculation is based on
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00:27:00
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the market value, which ultimately, and here's the key part that's difficult sometimes to understand is it is related to limited
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00:27:08
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cash value.
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00:27:15
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So what I'm trying to explain to you, Sir, is and if if you've done the research, as it sounds like you're you're I'm I'm assuming
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00:27:23
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your wife, you know, is indicated that perhaps she has she's familiar with with the proposition in 2015, the environment at the
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00:27:29
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state of Arizona at that time was taxes were based on market value. We had just come out of the decimated recession of O seven O 8
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00:27:36
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where real estate was.
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00:27:42
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A mere percentage of a fraction of what it had been before the recession.
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00:27:50
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So because taxes became directly related to market value, there was a tremendous uproar in the entire state because obviously if
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00:27:55
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values went up 100, two, 100% a year.
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00:28:02
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Taxes would also increase by that.
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00:28:11
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So the citizens of the state of Arizona approached their legislature, which they've done, and they formed this proposition. And
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00:28:14
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according to that proposition, basically I'll try and boil it down, they they for all intents and purposes, froze the increase of
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00:28:21
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market value to a limit of 5% per year, that it could not exceed 5% a year, regardless of what was going on in the real world.
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00:28:29
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Well, the state said, OK, if that's what you're going to do.
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00:28:36
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What mechanism do we have in place to adjust property taxes if in fact there are changes made to property? And so this whole Rule
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00:28:44
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B was created and if you boil Rule B down, whether it's B5B6, it's not a tremendous consequence. The point is if there is a change
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00:28:54
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as the assessor stated, or and that change can be anything from demolition to improvement.
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00:29:04
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Completion. It triggers a recalculation of the limited value of the property, which is what the property tax is associated with.
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00:29:14
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So what does that mean if you never, what's the end result of that? Your neighbors that don't ever change their property, They're
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00:29:28
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going to, they're going to receive the benefits, quite frankly, of a very conservative tax.
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00:29:37
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Approach.
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00:29:48
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Those that change or modify or new build or do any change to a property, they are the ones that are really going to be left with
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00:29:50
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the burden of picking up that added revenue in the form of taxes. Because because the charge is given to the assessor. You must go
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00:29:58
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out now and you must reassess this property in a whole different.
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00:30:07
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Lens than what you previously had and that.
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00:30:16
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A pretty loose interpretation of the proposition. And so your home was completed 27/20/18 2017 but but taxes in the state of
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00:30:24
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Arizona are a year later. So so your rule B was triggered and the assessor was following their their so that would be for 2018.
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00:30:36
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Well, again, it's it's out of my scope. I can't even comment.
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00:30:50
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As to what what the rule, how the rule specifically affected you, I introduced the conversation has has hopefully an attempt to
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00:30:54
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try and help you understand the mechanics of it. I don't get involved in the mechanics of the ratios of the limited value because
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00:31:03
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again, my sole purpose is to is to do the best job that I can.
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00:31:11
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To to make sure the market value.
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00:31:20
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OK, of January 1 is accurate and I understand, I mean you're doing a great job. You've explained it to me. I understand it. OK. So
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00:31:24
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I would just say one thing or have one question, OK. In 2017 my home was finished in 2018 it went it went like the the limited and
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00:31:34
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the full cash value in 2017 was 122,911, both were the same.
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00:31:44
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In 2018, it went from that to two 76225 for the limited cash price value and to 286,922 for the full cash value, OK. So that
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00:31:54
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doubled basically right there. And then you're talking about market value, both limited and market value. And then in 2019, right,
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00:32:04
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which is another year, it went from 276,000.
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00:32:14
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25 limited property value to 522,769 thousand and the full cash value went from 286,922 to 604 three 58 so it got doubled twice
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00:32:24
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understood but.
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00:32:34
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If I I understand that, and again with regards to your final closing, do you have any argument with regards to your full cash
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00:32:46
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value that was assessed?
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00:32:50
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On your property as of January 1, 2024 that you want to introduce to this Board.
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00:32:55
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We didn't even go at it that way because we didn't we we turned in some comparables that we looked up.
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00:33:04
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Let's see which ones did we turn in. These ones, like some of the comparables that were given to us in this packet were had were
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00:33:16
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not add.
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00:33:21
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40 acres or five acres, I mean how can that be a comparable so that you know?
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00:33:26
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That was kind of a question to me that the county assessors office gave us a comparable of 40 acres agriculture 2007 4400 square
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00:33:34
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foot home compared to ours which is.
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00:33:42
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4500 square foot home. Well, they were probably using it as a comparable to reflect the sales price because I'm I'm suspecting the
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00:33:53
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property sold and they and they I don't know about that, but it's a million two and they have ours in.
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00:34:01
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I know, I mean the, the, the comparable approach that they did. I I disagree with two kind of but but the main thing is the other
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00:34:11
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part. So I guess that's all we have to say.
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00:34:17
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Well, based based on the, you know, as far as this decision, based on the ruling, you know, I'm going to enter and no change from
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00:34:23
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this and that'll conclude this matter. However, Sir, I, I understand your point and that you're, you're not alone. And it's a very
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00:34:32
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common typical concern, quite frankly from just about anybody that comes from out of state.
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00:34:41
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Because, you know, they could look at it and say.
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00:34:50
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This is really atypical compared to what I'm used to, unless you're from Texas. But aside from that, but aside from that, I
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00:34:54
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really, I really think, and I would encourage you to just go to the assessor's office, make an appointment with the assessor, have
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00:35:01
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them walk through with you the process they took. And, and I can't order them to do so, but I know the assessors, I know their
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00:35:09
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staff, they're usually very willing to set aside the time.
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00:35:16
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To help educate you so that you understand what triggered those rule B's when they and and the mechanics is really what your, your
|
00:35:24
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concern is. How did the mechanics work out this way? How did it, how did I get my values doubled, you know, in consecutive years
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00:35:33
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twice. And I'm confident if you'll go in there with the same open heart and mind as you came here to which I appreciate.
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00:35:41
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You'll it'll be made very, very clear to you how.
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00:35:51
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When and how that occurred and if that leads to your satisfaction, great. One thing's for sure, it'll benefit your education. And
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00:35:54
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if you're not satisfied, you have time to still go to Tax Court. And where are we going to go to Tax Court? Tax Court is actually
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00:36:03
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you can go to the website of Arizona State Tax Court. It's in Maricopa County.
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00:36:11
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And you don't have to be represented by an attorney. You can be, but you can represent yourself and appeal the decision. But I, I.
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00:36:21
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You know, as I sit here today, I really believe the answers. I understand your questions, I understand the confusion. I really
|
00:36:34
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think the answer is in the 30 to 45 minute conversation with the assessors office. Well, I'm happy to do that, but I've already
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00:36:41
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had a conversation with them and they've already denied it. Well, I understand that, but that's, but that's different.
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00:36:48
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They denied you for your appeal of market value because based on their market, but your issue really if I understand it correctly.
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00:36:57
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You're not really contesting market guy. What you're what you're really contesting is the mechanics of.
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00:37:05
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Of how we got exactly and they can explain that to you OK if they're I can't order them to do so but I would suspect that they
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00:37:11
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would be they're they're very okay servant leadership here. Okay thank you thank you thanks for coming have a good day you did a
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00:37:18
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good job.
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00:37:24
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It's just, you know, I can only, I can only call tigers with stripes and you, you brought in a leopard.
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00:37:33
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We were given the direction all right, that will conclude this matter.
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00:37:42
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Next item on the docket which is set for 10:40 and it is it is regarding parcel #304-19-113A as in Apple and that.
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00:37:57
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Appeal has been submitted by Mr. Steven.
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00:38:10
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Health. Is Mr. Hale the property owner, tax agent, attorney or or representative present? Not so. Now is the time to set aside for
|
00:38:13
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the hearing. The Assessor's office is here and represented by.
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00:38:20
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Christina Hext and the tax was previously sworn and you do have initial recommendation with regard to this matter? Yes, the
|
00:38:30
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assessors office recommends the value stays no change.
|
00:38:37
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I reviewed the, I reviewed the packet and I've reviewed Mr. Hell's appeal and I've also reviewed the assessors. I.
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00:38:48
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Position with regards to the evidence that they've submitted in fact it and it's the decision of the hearing officer that a no
|
00:38:59
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change be entered with regard to this matter that will conclude this matter. Thank you.
|
00:39:03
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|
Somebody had mentioned something about #4 was that you that they're not?
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00:39:13
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Was it?
|
00:39:16
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Oh, oh, OK, so the next one is.
|
00:39:20
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Mr. John Violetti Valletti.
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00:39:25
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Familiar to either one.
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00:39:30
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I think it's Violet. Violet. OK, Are you aware if they intend on appearing or not?
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00:39:32
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I am aware of.
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00:39:41
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The appeal prior.
|
00:39:44
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Yes.
|
00:39:46
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You mean the one that we just heard? No, Mr. Violet. Oh, oh, oh. Of your level 8. OK.
|
00:39:49
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Well, then, this is set for 11:00 AM. It's now about 10:42. We'll be in recess until 11. We'll reconvene to hear this matter.
|
00:40:00
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|
|
Hearing today is the 20th of September 2024. My name is Chuck Johnson.
|
00:40:14
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|
|
We were in recess awaiting for the next item on the docket.
|
00:40:23
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11:00 AM and it is just prior to my night.
|
00:40:33
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Thank you.
|
00:40:39
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OK, thank you. The next item on the docket, petitioner's name is John Violetti. Is the petitioner, property owner, tax agent, How
|
00:40:40
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|
do I pronounce it correctly?
|
00:40:47
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|
Feel that. I apologize. Thank you, Sir. And this is in regards to parcels number 2061807320618071 B for tax year 2025 and Mr.
|
00:40:54
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Violet who was previously identified. It's about 5 minutes early. You object going early or do you want to wait 5 minutes? Do you
|
00:41:02
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need to prepare more or?
|
00:41:10
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|
All right. If you would, we'll, I'll just begin with a little bit of protocol with regard to the hearing. So.
|
00:41:20
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Mr. Board of Equalization and that is governed by is I'm I'm actually appointed by the helicopter Board of Equalization, which is
|
00:41:29
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also in turn the Board of Supervisors.
|
00:41:35
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The Arizona State statute has specific statutes that govern this type of hearing and also the jurisdiction with regards to this
|
00:41:42
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type of hearing. My jurisdiction with regards to this hearing is very limited. My limited scope of jurisdiction is the
|
00:41:49
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determination of market value of the subject property that's in question as of January 1, 2024. What that means is I have no
|
00:41:56
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jurisdiction over taxes, tax rate assessments.
|
00:42:03
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Level ratings rule via implications.
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00:42:11
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Or as such. So my scope is market value only. And in addition to my scope, the Legislature has placed the burden, if you will, on
|
00:42:15
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the petition. What that means is my I am charged with an assumption that whatever's decision or prior to this hearing from the
|
00:42:24
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assessor's office that it is accurate.
|
00:42:33
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What that means is the so the the implication of that.
|
00:42:43
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Is that the petitioner has the burden to overcome that preponderance. So what I mean by that with regards to overcoming the burden
|
00:42:48
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or that the burden is met. The petitioner has the has the obligation to prove beyond not a reasonable doubt, but a preponderance
|
00:42:58
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which means more likely so than not or 51% that the assessors determination is in error and that your position.
|
00:43:07
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For your opinion is more likely the more accurate opinion with regards to market value, if in fact.
|
00:43:17
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At the conclusion and then I'll render that decision at the end of the hearing providing them I can do so. If in fact I need to
|
00:43:27
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take the matter under advisement, I will take it under advisement for 10 business days at which time the petitioner will be
|
00:43:33
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notified of my decision. If my decision is adverse to the petitioner, the petitioner still has the right end. Time to file an
|
00:43:39
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|
appeal from this board to.
|
00:43:45
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|
It's actually two different bodies.
|
00:43:52
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Superior Court here in Hedley County, which should be in the form of a suit, or to Tax Court in Maricopa County which hears tax
|
00:43:55
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cases for the entire for the entire state.
|
00:44:02
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At either one of those forums.
|
00:44:09
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The presumption that the assessor is accurate is removed and it's more of a even standing if you will. There's no presumption of
|
00:44:13
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|
of appropriate decision prior to or forward to. Are you recording, Sir?
|
00:44:21
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|
Is that all right? It is being recorded and it is being recorded by the and you're filming as well.
|
00:44:32
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|
It was just yeah, if, if you would, if you don't mind just continuing, please.
|
00:44:39
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The.
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00:44:44
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|
The proceedings are a matter of public, but they are being reported by the clerk who is recording and you are entitled to a copy
|
00:44:47
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of. You just need to go through that process to obtain it all right.
|
00:44:52
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Where was I? Oh, so with regards to burden you are?
|
00:44:59
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|
Placed with the burden of meeting that proof, if you will.
|
00:45:06
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|
That the that the assessor is incorrect and you are more likely correct.
|
00:45:14
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|
If I need to take it under advisement, I'll do so. A decision will be made within 10 business days and you'll be notified of that
|
00:45:18
|
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|
decision, which still allows you time to appeal the decision to either one of the previous forms that I met. Any questions so far?
|
00:45:24
|
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|
All right, so, so now let's talk about protocols. So the protocol of this hearing is pretty straightforward. If you're a
|
00:45:30
|
|
|
petitioner, I'll first have you sworn the individuals that are here representing the assessor's office, they were previously sworn
|
00:45:36
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earlier today.
|
00:45:42
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So I'll ask the two. Is formed by the by the board. This is a quasi.
|
00:45:48
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Legal hearing. So there are certain rules that we are bound by.
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00:45:55
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Legislative legislatively speaking, however, it's not necessarily absolute. It's not a court of law per SE. It's a quasi court. So
|
00:46:03
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the protocol is that the petitioner will have the opportunity to make an opening statement, basically present their case,
|
00:46:09
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introduce evidence.
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00:46:15
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Introduce exhibits, present whatever case facts that you would like the that you would like the hearing officer to consider. At
|
00:46:22
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that time, the floor will shift to the assessor who if they would like they can respond. They can argue their own packet or their
|
00:46:30
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own package of evidence that they brought and then because the petitioner does have.
|
00:46:38
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The burden of that we spoke of earlier.
|
00:46:47
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The petitioner gets the final word, if you will, and so the form will then shift where you can make a final and closing statement
|
00:46:51
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|
that affects directly to what the assessor previously submitted in a rebuttal. That'll be the conclusion of the hearing and
|
00:46:59
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|
hopefully I'll be able to render an opinion Abilities no longer than 10 business days. Any questions, Sir, regarding the?
|
00:47:07
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|
Any questions from anyone that's in the gallery that anticipates testifying or?
|
00:47:16
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|
Or a petitioner or has a position with regards to today's hearing.
|
00:47:22
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Yes, Sir, you may affirm.
|
00:47:29
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You agree with it.
|
00:47:35
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Yeah, you don't have to say I swear or.
|
00:47:37
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You just have to affirm to it that the testimony that you're going to give is the accurate testimony.
|
00:47:41
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I confirm, but I can't be squirting something like this. Affirming synonymous.
|
00:47:49
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So if you choose to affirm, that's that's acceptable.
|
00:47:56
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Confused on this matter and there's a problem but the.
|
00:48:03
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|
Well, you're going to give testimony, right? I'm assuming you're here to present a case. You have the burdens overcome the
|
00:48:08
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|
assessors decision. So I would assume that you're going to testify and give and give your case and we ask that you affirm that
|
00:48:14
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|
that information that you're giving is truthful and accurate.
|
00:48:19
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Not asking you to swear.
|
00:48:26
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Asking you to affirm to it, to attest to it.
|
00:48:30
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|
All right, thank you. Any other questions or concerns before we get started? All right, so as I mentioned, the next item on the
|
00:48:33
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docket is I apologize, Mr. Bailet. Is that correct? Violet, I apologize. Let me go ahead and come to the podium, if you'd like.
|
00:48:44
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So one other thing with regards to protocols, you would be kind enough to remove your hat. I would greatly appreciate it. The
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00:48:55
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other thing is the other thing is during the conversation and the dialogue of the hearing, I would ask that your comments, your
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00:49:03
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direction, your, your testimony, if you will be directed towards me. And then when the assessor gives their rebuttal or their
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00:49:10
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response to your case, they they will direct that same contact and comment towards me. So I asked that both parties do that.
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00:49:17
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Avoid crosstalk because anyone's got to make the decision. So I'd like to hear what both parties have to say, but avoid any type
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00:49:25
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of prosecutor.
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00:49:30
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Understood. All right, Sir, before we get started, let me ask the assessor's office who's going to represent the assessor?
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00:49:36
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Yes.
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00:49:44
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Christina Hunts will be representing the Assessor's office and stances and options. All right, thank you. And we'll have people
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00:49:47
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affirm and or swear with regards to their testimony.
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00:49:52
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OK, I think I'll read the right hand. Do you affirm that all information you provide in this hearing will be yes?
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00:49:58
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All right, Sir, go ahead. Do you have any questions before we get started? And did you did you get the copy of the appraisal that
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00:50:06
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I spent a lot of money on to get done? I did. It's here. It's here in your packet. But let me get my hands on it. Yeah, I want to
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00:50:12
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make sure you got that. Sure, of course.
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00:50:17
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That's.
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00:50:25
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Is it an actual appraisal in terms of completed? It's an appraisal report and and completed by an appraiser I'm assuming.
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00:50:32
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Yes, it cost me a lot of money to get this certified appraisal from a certified licensed appraiser, but State of Arizona I
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00:50:43
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understand it's a 26 page report.
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00:50:48
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And I haven't received anything. Additionally, as far as I know, I'm no expert on these things. I've never even been in this
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00:50:55
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hearing before. I've done this type of thing at all, so.
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00:50:59
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We don't. Whom did you send the appraisal report to? I didn't send it to you. I brought it into the office over here. I left it a
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00:51:06
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few days ago. The assessor's office or No? No, the clerks office right down the aisle here. If you don't mind, We'll just we'll
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00:51:13
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just.
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00:51:19
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Stand by for just a couple minutes to see if it's still up front.
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00:51:27
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You don't have it. I don't have it with me yet, but hopefully I'll have it in just short order.
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00:51:31
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It's my main reason for wanting to come here. I want to make sure you got that. That's why we're taking a couple minutes to get
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00:51:37
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our hands on right here now.
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00:51:41
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OK. That's my main. Is there one, did you drop off one copy or two? One. OK, not, not an issue. Thank you. We will review it and
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00:51:47
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then it's typical that another copy would be provided to the assessor, but that's not an issue. We'll we'll deal with it. But just
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00:51:56
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so you know, moving forward when you drop off the document, you kind of usually need to send a copy for both sides.
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00:52:06
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But Sir, I do have a document that has been placed in front of me, and it is from the Hewlett County. Excuse me, there's a cover
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00:52:15
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letter.
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00:52:19
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Regarding.
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00:52:27
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Your receipt of it.
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00:52:27
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And it the document is appears to be an appraisal report that was completed.
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00:52:31
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On what's referred to as a GP residential, which stands for General Purpose Residential Appraisal Report Form.
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00:52:42
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And.
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00:52:52
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It does include.
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00:52:56
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Photographs. Other exhibits include.
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00:53:00
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Narrative comparable data. Subject data.
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00:53:05
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Trying to find the oh and it was done or completed by Eric Ranta of Cornerstone Appraisal Services out of Mesa, AZ and it was
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00:53:16
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completed as of September 7th, 2024. And the date that's in question for today's hearing is actually.
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00:53:30
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Jerry January 1.
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00:53:44
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2024 Nonetheless, I find this to be complete in its entirety, and I'm assuming that you would like to have this admitted as
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00:53:46
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petitioners Exhibit A. Is that correct, Sir, with regards to your evidence?
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00:53:54
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And I'm now going to share this document with the assessor so the assessor can take a few moments and purview it. Are you able to
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00:54:12
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proceed with your opening without referencing the document while they're reviewing it? Or do you, or if you want to wait a minute
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00:54:19
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or two and give them a minute to review it because they don't have a copy of it, I'm fine to go either way.
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00:54:26
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Well, I really don't have a whole lot of faith at this point. OK, well, why don't you tell me what your position is?
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00:54:35
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Well, my position is that.
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00:54:42
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Properties and really such bad shape and that's backed up by the appraisal.
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00:54:45
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And the appraisals were a lot lower price than the assessor's office valued properties.
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00:54:51
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The properties are combined parcel.
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00:54:58
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Several properties.
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00:55:03
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And the appraisal for the same parcel, including the properties.
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00:55:06
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So it's the same thing.
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00:55:11
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It shows the appraisal.
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00:55:14
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The phrase value is far less than what the assessors office.
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00:55:17
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As a phrase.
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00:55:23
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So you know.
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00:55:26
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I don't want to sound obnoxious, but I don't see how ordinary citizen in finding come into a hearing officer against professional
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00:55:30
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accessories or whatever government officials with.
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00:55:35
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When eaters experience and they have all the advantages because they're presumed to be correct. And how in the world is an
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00:55:40
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ordinary citizen has never done this before, is not an attorney, doesn't have any other skills or any knowledge of any of this
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00:55:45
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entire process.
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00:55:49
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Going to possibly approve, I approve that assessor's wrong. I don't understand that. I just want to make that comment. So do you
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00:55:55
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offer that anecdotally or are you trying to offer that as into evidence or?
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00:56:01
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Arms I'm saying that's something that should be considered in the process somewhere because I've just been working again. Well,
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00:56:08
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Sir, it's your right to have a hearing. So that's what we're affording you. It's it's you're also your right to secure whatever.
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00:56:16
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Resources that you feel necessary to advance your position, but we're we're affording you the the right that you're guaranteed by
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00:56:26
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the Constitution and that right is being offered to you and we have set aside the time and we are in the process right now of the
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00:56:32
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hearing.
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00:56:38
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And so whatever evidence is I so indicated you wanted to present which it would include the introduction of of documents which
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00:56:45
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I've I've already accepted.
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00:56:51
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Exhibit A for the petition, it would also include whatever testimony which you're in the process of giving now, and it would also
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00:56:58
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include whatever outside witnesses you would like to call in or the hiring of experts.
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00:57:04
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So I, I, I, I appreciate your, your, your observation is noted, but from the viewpoint of the Board of Equalization, we're trying
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00:57:11
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to afford you every right that we are well aware that you're entitled to, Sir.
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00:57:19
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I just wanted to mention that I don't know whether that's going to have any effect or not.
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00:57:29
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I did already submit the truth. You have all these pictures. Are they the photos that are included in the appraisal report? No.
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00:57:34
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Those are his photos. OK, so those are additional, those are additional photos. All right, before we before we move on to that
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00:57:43
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item, does the assessor after reviewing the appraisal, have any objection with regards to admitting this under this document into
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00:57:50
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Exhibit A? Alright, so it's been admitted his the petitioner Exhibit A so ordered and it's a matter of record. Now, do you have
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00:57:56
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other documents or images?
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00:58:03
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Do you have these pictures with the notes that I wrote on the back?
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00:58:11
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I do not have photos. You will check and see if drop off.
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00:58:15
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And, and while she's reviewing that, do you have any other information or documents that you would like the hearing officer to
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00:58:31
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consider?
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00:58:34
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Well, the only.
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00:58:40
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No, I had written up these documents when I filed.
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00:58:44
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And appeal the assessor's office, which turned on my appeal.
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00:58:48
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But there are a couple documents where I listed all the problems with the properties. Would you like to have that submitted as
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00:58:52
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well?
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00:58:56
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Yeah, I would like to move.
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00:59:03
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But then those those documents, have you submitted those to the board previously?
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00:59:07
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Have you dropped those off previously? The documents that you referring to the assessor's office trying to remember whether I.
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00:59:15
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I thought, I thought I did when I filed the appeal. I thought I gave copies of all this stuff. Did the appeals do you do you have
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00:59:24
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it? You do have a copy of the, we'll call it preferred maintenance list for lack of a lot of the pictures were sent when the
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00:59:30
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appeal them to the board.
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00:59:36
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OK. Oh, all right. So we have received those documents along with those photos. Would you like to have those introduced or these
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00:59:42
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copies introduced has additional exhibits for petitioners, for the petitioner?
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00:59:49
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Well, if you have the pictures, I'm confused. This would be duplicates.
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00:59:56
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I'm assuming that they are. I haven't viewed them yet, but I'm still have the pictures. You should have all the pictures.
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01:00:01
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Because I didn't submit 2 sets, I just want to have this one set. I believe I only submitted them on the appeal I'm assuming. I'm
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01:00:08
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assuming if you have photographs or images or documents, you're going to present your case and reference those items once we have
|
01:00:15
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them admitted as exhibits during the process of your testimony. Is that your intention, Sir?
|
01:00:23
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Yes.
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01:00:32
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Well, so you.
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01:00:36
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I'm asking you to submit them now so that we can go through so that we can go through them. I wouldn't have access to them before.
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01:00:38
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I mean, I wouldn't. I'm not going to hear your hearing before it's time to hear your hearing. Right. OK, well, I have these
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01:00:44
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pictures. All right, So you tell me what you would like to submit first, the photographs or the document? These two documents.
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01:00:50
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Let's submit that first. I'm sorry, which one?
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01:00:56
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Documents right here. OK, do you have those? There's one document for each part. What? How would you like to identify the
|
01:01:03
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document?
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01:01:07
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So we can label it as such.
|
01:01:11
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Properly Valuation appeal for parcel ID, property evaluation appeal for the other parcel. All right.
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01:01:15
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OK. Thank you.
|
01:01:32
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So the clerk has handed me a couple of documents. One is entitled Property Valuation Appeal for 237 N.
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01:01:34
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Should be 231 N Chisholm Ave.
|
01:01:45
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But there's a 231 and a 257. She's she's just handed me 257 first, but I'm sure she'll find which one do you, which one would you
|
01:01:50
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like to have submitted as an exhibit 1st 2:30 one or two 57231 All right.
|
01:01:59
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|
I'll table that and now I have a document and associated photos in reference to appeal for 231 N to Children Ave. parcel ID
|
01:02:09
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20618071 B as in boy and it is specifically A2 page document Sir.
|
01:02:19
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Correct.
|
01:02:32
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Yes, that's all right. So I'm going to label this petitioners Exhibit B for reference with pages 1:00 and 2:00. I'm going to set
|
01:02:35
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that to the side before we go through it, so we can get all these entered his exhibits and then we can move on to your testimony.
|
01:02:43
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There's also a package of photographs that are attached to.
|
01:02:51
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It says pictures of slummy neighborhood.
|
01:03:01
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Is that in association with 231 N? That's an association with this other. That's two. That's 257. All right, so there's another
|
01:03:04
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package that is just marked 073, a plastic bag written 073. Is this an association with your document associated with property
|
01:03:12
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231?
|
01:03:20
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I'm just having trouble remembering exactly what I did. Can I see that? Well, sure.
|
01:03:30
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All right, well, you tell me what property that's an association.
|
01:03:38
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Is it 231 or 237 or both or?
|
01:03:44
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AM 1240. I guess maybe I submitted the same pictures for both.
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01:04:04
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All right, so would you like to have them admitted as exhibits for both parcels?
|
01:04:09
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Allow for which one, Sir?
|
01:04:18
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All right. Thank you.
|
01:04:23
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All right. Thank you.
|
01:04:26
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|
There's a plastic baggie containing numerous photos that contain handwriting on the back that the petitioner has submitted. For an
|
01:04:29
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|
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additional exhibit, this would be.
|
01:04:35
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Exhibit C.
|
01:04:42
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All right.
|
01:04:47
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And then in addition to what we've already admitted, there is a second packet. Are these copies of the of the other packets, Sir?
|
01:04:49
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I have to go through and look at it and make sure about it.
|
01:05:00
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I don't. I'm assuming you would have written on the on the masking tape pictures of slummy neighborhoods. I don't know what you
|
01:05:06
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were referring to.
|
01:05:10
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As far as I know, they're they're the same all right. So they could be copies, but nonetheless we're going to label them as
|
01:05:17
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|
petitioner Exhibit D.
|
01:05:23
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Just to separate with the understanding that you're undoubtedly going to reference them.
|
01:05:33
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Synonymously.
|
01:05:39
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All right. And then there is an additional document that's entitled at the top property valuation appeal for 257 N Chrishelm Ave.
|
01:05:41
|
|
|
parcel ID 20618073, correct? That's this additional 3 page document here and it looks like it lists items one through 19 and.
|
01:05:54
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I'm assuming you would like this admitted has exhibits.
|
01:06:07
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|
Where did I leave Bob E for petitioner? Correct, correct. All right.
|
01:06:12
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|
Assessor, do you have these documents and have you viewed them and do you have any, do you have any objection to admission of any
|
01:06:20
|
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of these documents, any of these exhibits A through E? All right, so order.
|
01:06:27
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All right, Sir.
|
01:06:37
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Floor is yours.
|
01:06:39
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Well, I could say I don't know anything about this, so I.
|
01:06:43
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Am I supposed to go through and read these or are you? Should I just let you read them and make your own?
|
01:06:48
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|
Judgment about it. You're asking me what my preference is. My preference is that you submit your case through testimony, evidence,
|
01:06:54
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documentation that would lead me to the desired conclusion that brought you here today.
|
01:07:04
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However you want to do that.
|
01:07:15
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OK, well then within certain parameters.
|
01:07:18
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I'll just go ahead and read these then.
|
01:07:21
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|
If you want to highlight it and go through it or draw out the facts that you feel are applicable.
|
01:07:26
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And let me know which document which exhibit you want to you're referencing. I'm I'm happy to follow up.
|
01:07:34
|
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OK, well.
|
01:07:43
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|
The appraisal that I had done.
|
01:07:45
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|
What is the appraisal for parcel?
|
01:07:49
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|
20618071 B.
|
01:07:52
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|
Yes Sir. Includes 2 houses.
|
01:07:56
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Including one at 231 N Chisholm Ave.
|
01:08:02
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|
That's my main focus because I only got an appraisal of that parcel. I did not get an appraisal. It's too expensive for my other
|
01:08:06
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|
property.
|
01:08:11
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257 which is where I live.
|
01:08:17
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So.
|
01:08:21
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|
My main focus, although I am appealing both assessments against, I believe they're too high. I only have appraisal for the one at
|
01:08:23
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2:31.
|
01:08:28
|
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|
And the one at 257. Since I'm over 65 I was able to apply for a freeze.
|
01:08:33
|
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|
On Saturday, freeze when I freeze them.
|
01:08:41
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Valuation I guess.
|
01:08:46
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And so.
|
01:08:48
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|
I'm not as concerned about that.
|
01:08:49
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|
Because the taxes.
|
01:08:52
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|
|
Evaluation or is that going to go up?
|
01:08:54
|
|
|
On that one, because it's frozen.
|
01:08:58
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|
When you're when you say that one, can you speak specifically which parcel you're referencing or which property so that I.
|
01:09:01
|
|
|
'M referencing the one that I live in is parcel ID 20618073.
|
01:09:11
|
|
|
Now on the evaluation has been frozen, all right. And I'm not as concerned about that one because obviously so are you appealing
|
01:09:19
|
|
|
the market guy? I am appealing the market value because it's way too high. And just because it's frozen doesn't mean any
|
01:09:27
|
|
|
assessment should be way too high. I mean besides the fact that they might do away with this freeze law at any time.
|
01:09:35
|
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|
Change the conditions or make me eligible or who knows what and so.
|
01:09:44
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|
I don't appeal it now.
|
01:09:49
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|
And something goes wrong in the future and it goes away, then I'm going to get slammed with a huge decrease. So I am appealing
|
01:09:52
|
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|
that decision, but I am not focused on that as much because Sir, what I, what I would like you to do is it would it would help me
|
01:09:59
|
|
|
a lot if you argue 1 parcel at a time in sequence, whichever 1 you want, but instead of instead of pumping them out my, my
|
01:10:05
|
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|
decision.
|
01:10:11
|
|
|
I believe we it's multiple parcel appeal, correct?
|
01:10:19
|
|
|
So my decision is going to be per parcel.
|
01:10:22
|
|
|
So I'm going to decide it accordingly. So if you, if you could formulate your argument on a specific parcel and then we'll we'll
|
01:10:24
|
|
|
go to another one. I'll start with parcel ID 2061.
|
01:10:31
|
|
|
8071B all right and and that is the one that you have the certified appraisal, all right.
|
01:10:39
|
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|
So I'll just go through and cover these points as quickly as I can.
|
01:10:49
|
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|
Don't believe that property is worth that much.
|
01:10:55
|
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|
Evaluation which should be determined on the basis of.
|
01:10:59
|
|
|
What the property is worth, and that's determined by.
|
01:11:03
|
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|
Somebody would be willing to pay for it and the properties in such bad shape it would never be sold for that and they and the
|
01:11:07
|
|
|
appraisal.
|
01:11:10
|
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|
Substantiates that.
|
01:11:15
|
|
|
Because the panel shows a lot lower value.
|
01:11:17
|
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|
Second point is that.
|
01:11:21
|
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|
You know the part of Miami. Miami is not a great.
|
01:11:23
|
|
|
Fancy place, but the part of Miami is especially.
|
01:11:28
|
|
|
Bad even for Miami, and everybody knows that. It's undeniable that.
|
01:11:31
|
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Other presence of other properties that are really bad shape, burned out houses, crumbling houses and rusty houses. All kinds of
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01:11:38
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decaying houses and ugly properties that fix the value of my property.
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01:11:45
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So.
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01:11:55
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That's one argument.
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01:11:58
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In relation to.
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01:12:04
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231 is the biggest property, biggest building on that parcel. There is another building, but it's.
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01:12:06
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Biggest one.
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01:12:13
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And as everyone here, it has no front yard. It's right on the street.
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01:12:16
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Yeah, there's a lot of.
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01:12:21
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Paint peeling and wooden cracking on the front porch where the rail is.
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01:12:23
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Second story Porches screened with his.
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01:12:30
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Has been damaged by someone throwing rocks through the screen, so it was very unappealing looking and.
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01:12:33
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Not I had leave. It's fair to stay. That is something I'm delayed more unappealing. The more ugly, the more damaged, the more bad
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01:12:40
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shape it's in. Is that going to affect the value?
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01:12:46
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Um, talk about the metal covers on the windows and lots of other paints, and they're rusty and unattractive.
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01:12:56
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The side of the building has many, many chips.
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01:13:03
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And restains.
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01:13:07
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And the service is very rough and appealing. Unappealing.
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01:13:11
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And that's where some of the pictures that I included.
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01:13:15
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Show the side of the building.
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01:13:18
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The electrical service of the house is very old and will not handle that electrical load. This is built a long time ago.
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01:13:22
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Long before most electrical codes were in place.
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01:13:29
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And.
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01:13:33
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It's my view, my contention that anybody wanted to fix it up and make it into a proper house and it would have to end up.
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01:13:35
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Spending a great deal of money on electrical.
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01:13:44
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Redoing the electrical service to the house, which would be very expensive and that also reduces the value of a building.
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01:13:48
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As is typical in old buildings, they have most of the pipes that are gas and water outside the building, which is very
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01:13:57
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unattractive and unappealing. Most houses they don't have that and have that bifes outside.
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01:14:02
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The backyard is very uneven. It's a dirt backyard.
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01:14:10
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Around the perimeter of the backyard is a very unappealing ugly wall of broken concrete blocks that stacked on each other to make
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01:14:14
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the kind of a.
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01:14:19
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Depends on one side of the yard is bordered by a remaining wall of a house that was burned out a long time ago, but the walls are
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01:14:25
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still there. The walls are cracked and also in very poor shape.
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01:14:32
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And then?
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01:14:41
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The hill behind the house is.
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01:14:43
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It has a wall containing wall made out of old rubber tires.
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01:14:46
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That are always overgrown with weeds because the people who maintain property don't do anything to about the weeds at the top of
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01:14:52
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the hill. I have a picture you can find a picture in there on this what I'm talking about.
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01:14:59
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If you want to see it, I don't know if you expect me to, if you want me to show you or what, but there's a picture in there. You
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01:15:07
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can see it. And I've, I've, I don't forgive me for interrupting you, but I've reviewed the appraisal in its entirety. I reviewed
|
01:15:15
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the exhibits in their entirety and I skimmed through the photographs which support your statements in the document. So I, I think
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01:15:22
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I have a good understanding. I have, I have rather lengthy.
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01:15:29
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Expertise in the in the Arizona real estate market, including the Miami market. And so I feel like I have a good understanding.
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01:15:37
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Of your argument and your position. So umm.
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01:15:45
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I you so I understand your your your point of view that you're that you're arguing without.
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01:15:51
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Needing to go into real specific detail with regards to each physical characteristic. It's explained in what you presented well.
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01:15:58
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There's just a couple, just a couple of points I'd like to mention. Absolutely.
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01:16:09
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This house at 2:30 one has no air conditioning, which is very unusual for.
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01:16:14
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He also has a tremendous impact on the value of the house because.
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01:16:19
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Who's gonna buy a house without air conditioning that they wanted to put in any kind of air conditioning system? It would cost a
|
01:16:23
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tremendous amount of money. There's a lot of house wiring is inadequate to support that kind of thing. And I can't imagine anybody
|
01:16:30
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else except my parents, they didn't believe in air conditioning and they lived in the house without air conditioning or as long as
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01:16:36
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they lived in the house. And so it has another air conditioning.
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01:16:42
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I grew up in that house and I didn't have recognition when I was growing up.
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01:16:50
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I think that's a new **** for the value of the property for someone to have to put all that expense and.
|
01:16:54
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In trouble?
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01:17:02
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Also, the heating in the house is not mentioned here, but the heating in the house is very poor. There's only basically a heater,
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01:17:03
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floor heater, gas heater for the.
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01:17:09
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First blower and there's really nothing. I think I have a good understanding of the physical characteristics of the problem.
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01:17:15
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I've read the appraisal in detail just so you're aware. I probably during my career read in excess of 10,000 appraisal reports so
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01:17:22
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I think I get.
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01:17:28
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OK.
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01:17:37
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Necessary to.
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01:17:42
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To stay anymore. No, I'm not I'm not trying to cut you off. I'm just trying to kind of isolate it into the facts of the argument
|
01:17:44
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is the market value and you've articulated your belief of you know why why you're protesting the assessors market value.
|
01:17:53
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Well.
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01:18:02
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Yeah. OK. Just one more quick thing on the 257 property that doesn't have wait a minute, are we talking about?
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01:18:05
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The police, my my simple mind can't handle it just just one at a time. So we don't, I don't understand anything. OK, that's all
|
01:18:16
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I'm going to say for 231. All right, then let's then let's are you, are you willing to close your opening with regards to 2:31?
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01:18:25
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Yes, you are, in light of the petitioners.
|
01:18:35
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New testimony and evidence presented today. Do you still want to go with your no change?
|
01:18:42
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OK, go ahead.
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01:18:49
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Umm, my.
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01:18:51
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Sheets on the comparables.
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01:18:55
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I did separate sheets on each structure on 2/31.
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01:18:58
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And they still stay within parameters.
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01:19:05
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Of the current value.
|
01:19:09
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Also we want to change the occupancy from a mixed-use.
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01:19:13
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Which is a mixture of class 3 and class 4. We're thinking about 2:31.
|
01:19:21
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All right, and changing it all to class 4.1.
|
01:19:27
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All right.
|
01:19:32
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And other than that, the value of the state. All right, Thank you.
|
01:19:36
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Your final and closing with regards to 231, Sir.
|
01:19:42
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Just 231.
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01:19:48
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I don't have anything else.
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01:19:50
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All right.
|
01:19:52
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This after reviewing the evidence that's presented by the petitioner and also reviewing the packet that the assessor presented.
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01:19:55
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The security officer.
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01:20:06
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And I'm not sure how these numbers right.
|
01:20:16
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So because it's different on the appeal, so is it your position that your fair market value coincides with the indicated valuation
|
01:20:18
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of the appraisal or what you put on your appeal notice because it's two different numbers.
|
01:20:26
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Well, I had no idea what to put on, if you'll notice, right, you didn't have the appraisal at that, right? So I just put a number.
|
01:20:35
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Well, the appraisal states 112,000 and the assessor has you at 147,559, correct, the full cash value. So is it your argument that
|
01:20:44
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the correct market value for the subject is $112,000?
|
01:20:52
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My argument is that 112,000 is a lot closer to the actual what I think the value is than 147,000.
|
01:21:01
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Personally, I think the improvement was a little high, but.
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01:21:10
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I can't prove that, so I guess that doesn't really mean anything.
|
01:21:15
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That's my position because the house is at such really bad shape. So understood. Understood. Yeah, I'm not asking for additional
|
01:21:19
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|
testimony. I just want to have clarification on what your position is based on the evidence and testimony that's been presented by
|
01:21:25
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|
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the petitioner. And also reviewing the assessor's packet is the decision of the hearing officer that the full cash value for the
|
01:21:32
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subject property be set at 115.
|
01:21:38
|
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$1000 And then the assessor of course is?
|
01:21:45
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Is with regards to the change, that's up to the assessor.
|
01:21:50
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Your change of use for your internal goals yeah. So that will conclude the hearing with regards to 20618071 B OK now let's.
|
01:21:55
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Trend the page, if you will.
|
01:22:11
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And let's move to the remaining parcel.
|
01:22:13
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Which is 20618073 correct?
|
01:22:19
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Yes. And with regards to this parcel, does the assessor have an initial recommendation with regard to this, to this matter with
|
01:22:25
|
|
|
regards to the full cash value?
|
01:22:30
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OK. And it looks like you have a, just so I'm clear, you have a full cash value of awesome.
|
01:22:37
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Is it 20,000? No, no, no, excuse me, $108,163 Correct. All right. And the petitioner?
|
01:22:46
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And your and the petitioners opinion, the value is $60,000, correct? That's what I put at the time. But again, I know.
|
01:23:08
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Didn't know what to put there more or less going by what it was before they raised. All right, now with regards to your argument
|
01:23:18
|
|
|
to this specific parcel, the floor is yours.
|
01:23:23
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OK, well.
|
01:23:29
|
|
|
They mentioned we we have these other exhibits that have that have already been accepted. If you want to reference those for this
|
01:23:32
|
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|
parcel, that's fine.
|
01:23:38
|
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|
It's up to you. OK, Well, I recommend that I want to present is that as in the case of the previous parcel, it's still in the same
|
01:23:44
|
|
|
slummy neighborhood. These buildings are very close to it should be kind enough to to.
|
01:23:51
|
|
|
Preclude using that specific term to describe.
|
01:24:00
|
|
|
OK, it's in the same neighborhood as the previous parcel with the same with burned down buildings and collapsing building and the
|
01:24:05
|
|
|
rusty buildings and.
|
01:24:09
|
|
|
You're an ugly building which effects not only the first parcel, but also every every other property in the neighborhood,
|
01:24:13
|
|
|
including mine. So what specific evidence, Sir, do you have with regards to the market value being erroneous in association with
|
01:24:19
|
|
|
this specific parcel?
|
01:24:24
|
|
|
Simply because I was unwilling to spend very large amount of money to get an appraisal for that. I understand that, but this is
|
01:24:33
|
|
|
the time to review.
|
01:24:38
|
|
|
Evidence, testimony, expertise. So what would you like to present to me to consider to prove that the burden that you have has
|
01:24:43
|
|
|
been met?
|
01:24:48
|
|
|
All I can say is that I believe that you have recommended that decided to lower the property.
|
01:24:56
|
|
|
Value of the other property and then that property was too high. Then the other property should be too high as well because it has
|
01:25:02
|
|
|
many things wrong with it, but they're listed to you. I don't have anything additional.
|
01:25:09
|
|
|
It's only there's only one thing I didn't include in my description here. What is that?
|
01:25:18
|
|
|
Second property that we're discussing now does not have any kind of central heating.
|
01:25:25
|
|
|
It only has one small air conditioner, which I did mention, but I didn't mention the heating has really no heating in it at all. I
|
01:25:32
|
|
|
think that's a fact that affects the value of it.
|
01:25:36
|
|
|
But since they don't have an appraisal, I guess I'll just have to leave it at that. Thank you, assessor.
|
01:25:42
|
|
|
Still with the no change.
|
01:25:50
|
|
|
Your final enclosing, Sir, with regards to the second course.
|
01:25:53
|
|
|
If you have don't really have anything additional say based on the information presented by the petitioner and also that of the
|
01:25:57
|
|
|
assessor is the decision of the hearing officer, there are no change being entered with regard to this parcel, you still have the
|
01:26:02
|
|
|
right to appeal to.
|
01:26:08
|
|
|
Superior Court or Tax Court?
|
01:26:14
|
|
|
That'll conclude this matter. Thank you. You both did exceptionally well. We have your exhibits that will keep in the file should
|
01:26:17
|
|
|
there be an appeal file.
|
01:26:22
|
|
|
Thank you. Thank you. Have a good day. You too.
|
01:26:29
|
|
|
You want to? Do you have a folder for yours?
|
01:26:44
|
|
|
You want to keep this in case.
|
01:26:48
|
|
|
That's appealed.
|
01:26:51
|
|
|
County Attorney or somebody more?
|
01:26:54
|
|
|
All right, moving along on the docket, next item on.
|
01:27:02
|
|
|
The docket is.
|
01:27:10
|
|
|
Parcel #304-0202, four East.
|
01:27:15
|
|
|
And the represented by Bain Law Firm on behalf of Chapman Payson, LLC is the attorney, property owner, tax agent or other
|
01:27:19
|
|
|
representative present.
|
01:27:24
|
|
|
And ma'am, you are, and you were sworn.
|
01:27:30
|
|
|
Oh, you're not? Oh, you, your council member of the bar.
|
01:27:34
|
|
|
The Board of Equalization recognized Miss Bain has a member of the bar with all of its rights, privileges and duties associated
|
01:27:41
|
|
|
with it. Thank you. And you plan on calling a witness? OK.
|
01:27:48
|
|
|
Any questions about protocol?
|
01:27:55
|
|
|
Absolutely, Absolutely.
|
01:27:58
|
|
|
I don't object to it.
|
01:28:02
|
|
|
I'm Jody Bain. We've been on a couple of calls.
|
01:28:11
|
|
|
So thank you very much because of everyone second COVID, I'm shaking your hand invisible. OK, just so you know how being rude.
|
01:28:15
|
|
|
Thank you very much and a point of order. Just so you're aware, Sir, I had communicated and Samantha may be in here. I don't know
|
01:28:25
|
|
|
what she looks like, but I spoke to her and I yesterday late in the day, we actually received an envelope from Healing County. We
|
01:28:31
|
|
|
didn't know that until yesterday. So I had emailed out the package. They said to bring hard copies, but I emailed it out to
|
01:28:37
|
|
|
Samantha. Unfortunately, I got a bounce back when I was sitting here, so I do have copies for you. I forwarded her the bounce back
|
01:28:43
|
|
|
that.
|
01:28:49
|
|
|
E-mail didn't get through and it might have been the PDF is too big, I don't know. That's your package that you have with you
|
01:28:55
|
|
|
though. Have you shared that information with the assessor or is that what I thought it was supposed to work and get there so I
|
01:29:01
|
|
|
can give it to her now. OK. Do you object review in it? Yeah, if you would staple or clip.
|
01:29:08
|
|
|
I ran out of big staples, that's why.
|
01:29:17
|
|
|
There you go, and before the hearing starts, does the assessor have an initial recommendation with regard to this matter?
|
01:29:22
|
|
|
No, thank you.
|
01:29:28
|
|
|
May I approach to hand you please? Thank you.
|
01:29:31
|
|
|
And I do not have a schedule with regular evidentiary or Exhibit 1, Exhibit 1B, but I don't have that many. That's OK. I just kind
|
01:29:34
|
|
|
of get hung up on it. Well, you were very kind and please order me around. So it makes sense to me.
|
01:29:43
|
|
|
Page numbers. We got that far. Yeah, you did. Page 42 was a sheet of paper that never should have been in there. So 42 doesn't
|
01:29:53
|
|
|
exist. Strike it. Or what? Oh, it isn't there. It's omitted.
|
01:29:59
|
|
|
Thank you.
|
01:30:08
|
|
|
And I have my phone in case I have to do math and look something up. You want this to be admitted as Exhibit A? Yes please. The
|
01:30:09
|
|
|
screen officers received a document that is.
|
01:30:15
|
|
|
That constitutes approximately 57 or 56 pages of.
|
01:30:21
|
|
|
Material and.
|
01:30:27
|
|
|
Is moved that it be admitted for this hearing has petitioners exhibit A. I'm sorry, you mentioned were you able to share this with
|
01:30:30
|
|
|
the assessor? Do you want to do you need a minute to go through it before to see if there's an objection? No objection noted.
|
01:30:40
|
|
|
So this document has been admitted, has exhibit petitioners, Exhibit A. All right. Thank you.
|
01:30:51
|
|
|
It's amazing what you think. You put in the file a week ago and then you tried.
|
01:31:01
|
|
|
Yeah, that's OK. Thank you. And I have extra material depending on the questions that you may have.
|
01:31:06
|
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|
And I'm probably going to stand sideways because I was raised.
|
01:31:12
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|
My rear end facing someone so.
|
01:31:16
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|
Do you want to swear me in, or is it OK that I'm a member of the State Bar? I'm already in trouble for that, yeah.
|
01:31:21
|
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|
Go ahead. OK, thank you. So the subject is Gila County Parcel 304-02-024 E, It has 4.68 acres of land. It is what I'm thinking is
|
01:31:34
|
|
|
a use code 1800. It could be a 1700. I didn't see it ma'am online. So OK, so I guess and I do have the use code page from the.
|
01:31:46
|
|
|
Department of Revenue manual, if we need it, I don't think we're going to get there, but I just wanted to say that I guessed it
|
01:31:59
|
|
|
was an 1800.
|
01:32:02
|
|
|
The subject is located in Payson. It is the it's not quite north-south, east, West. It's slightly crooked, but it is what
|
01:32:06
|
|
|
essentially is the northwest corner of West Longhorn. It's on page 2. The packet meets up with the 87 and the 260 ends. And this
|
01:32:15
|
|
|
is a dealership, American car dealership for Chapman, which has car dealerships in various places.
|
01:32:24
|
|
|
My understanding is this is.
|
01:32:34
|
|
|
On the cost model and the Full disclosure, Sir, in the 2020 calendar year for tax year 2021, I was on a remote call with you on
|
01:32:36
|
|
|
the same case.
|
01:32:41
|
|
|
Thank you. OK, just so you in case you're having Deja vu, it was telephonic because COVID is happening.
|
01:32:47
|
|
|
I I don't recall four years.
|
01:32:53
|
|
|
I think it was 2020, maybe it was 2021, but that was 2020. So the subject has 21,490 square feet of building with various years,
|
01:32:57
|
|
|
and again, it's on 4.68 acres. It's 203,861 square feet of land.
|
01:33:05
|
|
|
I'm not quite sure why it says it's 10.45 coverage because that is not possible. So that might have been an excel sheet error. The
|
01:33:15
|
|
|
reason we are here is the value of the property if you look at page.
|
01:33:22
|
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|
Well, let me just while you're while you're coming through that. So if we heard it in 21, did we do something that rolled off or?
|
01:33:31
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|
Or did we not?
|
01:33:40
|
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|
October, October, November 2020 it didn't roll off but this last year and that's the page I'm trying to show you using.
|
01:33:46
|
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|
It is page 16.
|
01:34:03
|
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This is the page off the Hilah County website that tells you the history. OK, So what happened is it had been 2021 tax year. I
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01:34:05
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believe that was a year or maybe you're you had the the the healer county Board of Supervisors sitting at the Hilah County Board
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01:34:13
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of equalization through yourself. Set the value at a million 8:50 and then in 2022 would be the roll forward 2023 and 2024 it went
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01:34:20
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up and then in 25 it made a larger jump from.
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01:34:28
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9 to 2,000,008 and change. So it rolled off in between 24 and 25, between 22 and 23. OK, so we are not rolling off a freeze now
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01:34:35
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all right. So we've had two intervening years and now we're on the third year without a freeze and the Chapman folks are very
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01:34:43
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hands on. It's a family company and they looked at this and said I don't get it and what I was looking for and I can show it on my
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01:34:50
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phone if you want is I received an e-mail from their CFO. I asked can you confirm there's been no changes meaning.
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01:34:58
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Dodge Jeep Ram that there's no flagship requirement for refresh or tile or marketing and they said no, nothing has happened. It's
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01:35:06
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the same and I was there about maybe it's ten months ago now before Christmas and it looked identical to when I had been there,
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01:35:12
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but I confirmed it and he said yes there's been nothing done since 2020. So they asked me to look at this for the cost model. They
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01:35:19
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I confirm what they said as these things don't sell so they don't have.
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01:35:26
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An example of a car dealership building that then sells as a car dealership or is nothing. I even looked in Phoenix through a
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01:35:33
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couple things that sold from a car dealership and then were scrapped and became apartments.
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01:35:38
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They sell, but not with existing years. OK, yeah, because I was looking, I was trying to be able to hit the bucket up. Here's the
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01:35:43
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sales, here's the cost. I have been told Healer County does it on cost. If that's changed, then that's something for me to be
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01:35:49
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educated on. But I looked at and I probably did 8 to 1012 different cost models because I was surprised as I kept pushing through
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01:35:55
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on the computer system of Marshalls with the cost estimator or using the book, why I was coming in at a different value. And
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01:36:01
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that's why we're here. It's not meant.
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01:36:07
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Obnoxious or you're trying to be weird. It was just I couldn't capture what I'm saying at 1,000,008, let alone a 2,000,008. So
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01:36:13
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what you have in your packet is a series of information. Just for the record. Page one is the cover map subject. Page 2 is the
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01:36:22
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valuation line item for 2025 and a map of the topography. If you look at pages 3 through 14 you'll see photos.
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01:36:30
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Some of which I took personally.
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01:36:40
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Of the property so that you can see what it looks like, particularly inside beginning on page 5. So in the bottom middle of each
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01:36:43
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page is date stamped.
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01:36:48
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So that we have consistent photos through here and you can see on page 6 and page 7, the inside of the parts section as well as
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01:36:54
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the bottom picture on page 6 begins the crossover between the part section and the garage service Bay. And then the top of page
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01:37:03
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seven shows you that interior, what they use to push air and the smells and the fumes through and then.
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01:37:12
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Bottom of page 7 is the exterior if you're looking to see what the construction's like for the exterior walls of one of the
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01:37:22
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service space.
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01:37:26
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And then on page 8, you go to another one of the metal buildings that they have, as well as an interior shot to see that it's not
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01:37:29
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completely finished.
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01:37:34
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It's finished construction, but it's not built out like this room would be or in an office building. So you have the the web joist
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01:37:39
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and some of the other steel frame exposed and that's not abnormal, but that is not perhaps what would be built today. When you
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01:37:46
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look at what Chapman needs to build in order to get the contracts in the flag, it's just different. It's it's a whole new world.
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01:37:53
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They told me, especially the grease monkey, the Pitts areas.
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01:38:01
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The industry wants something that NASA would do so you can get off the floor.
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01:38:10
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I'm curious on page 9, so this area that's in the state that it is, is this intended? I'm assuming this is intended for added
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01:38:16
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service area.
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01:38:20
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In the world of laypeople, yes, in the world of the dealership people, they call it their service garage. Their service area may
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01:38:28
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be front facing for us to look pretty versus what they do in the garage.
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01:38:34
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This is standing in the work area for the staff members.
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01:38:42
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And it's not air conditioned, which that's that's a different issue. Page 10 again is a different shot so that you can see across
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01:38:47
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what it looks like and that it is not below grade for people to go under the vehicles. And then the bottom of page 10 is a picture
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01:38:53
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of what the assessing office, not the lady I've been interfacing now, but the previous gentleman I worked with in 2020. And 21, I
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01:38:59
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don't remember if it's tax year.
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01:39:06
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Had thought that this structure was a 2006 and Mr. Bauer said this is really old. That was there way before 2006. But I treated it
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01:39:13
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as if it's the assessor's year because in the end it doesn't make that big of a deal on the cost model if it's 1992 or if it's
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01:39:20
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2006. But I want you to know that the ownership said that's been there well before 2006.
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01:39:27
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And then page 11 shows you the exterior door of the second building. There's two structures, there's two different dealership name
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01:39:35
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flags that are next to each other. And this is going into the second one on page 11. And then you can see the waiting room at the
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01:39:41
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bottom of page 11. Page 12 is the hallway walking down. I took these pictures.
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01:39:47
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Page 12, second picture on the bottom that was actually sent to me because they were excited they got new vending machines. Page
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01:39:53
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13 again is what the offices look like, so you can tell it's not elaborate build out like a courtroom. And then page 13 does the
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01:40:00
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ceiling and the lighting that I took myself. And finally, page 14 is one of their great bathrooms.
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01:40:07
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So page 15 starts Hiller County subject information. I put this in so you could see what we see when we're online. Hence on page
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01:40:16
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16, it's the breakout from 2025 to 2022, and that's what's listed on the website. Page 17 is another aerial that shows you a
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01:40:23
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little bit more clearly what the roof line looks like for these two buildings on the parcel. For your purposes, I could take you
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01:40:30
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through every page, but for your purposes, not to bore you if you go to page.
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01:40:38
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38.
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01:40:45
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I went scouring for our electronic files from 2020 to try and find the building sketch areas that had been provided previously by
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01:40:49
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the assessor and I like Hit gold. So on page 38 and 39 are the sketch areas that had been provided to us a couple years ago that
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01:40:57
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were confirmed as in place by the assessor for Building 1 and Building 2.
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01:41:04
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You found these sketches on their website? No, I found them that had been given to me by the predecessor to the lady here today.
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01:41:13
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Do you have this on your website? Does he accounting have it on the website? On the website, yeah, they're not.
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01:41:19
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They used to be. We didn't see them. Yeah. And you click on the more right the sketch and the drawings and pictures will show up.
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01:41:27
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The main picture. We don't put all of them on there, but yeah, you can go.
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01:41:34
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So we got a bunch of errors and this is going to be a staff training moment because they're like, there's nothing here. And I go
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01:41:44
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in and I can see a little more.
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01:41:48
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But I will look again because I found these in our scans inside. Yeah, so just cause of the GI and then put in the parcel number
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01:41:51
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and then read down there, you'll see more you click on that more it opens up. And when your sketches and your photo should be
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01:41:59
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there in the system. If they're not, then we need to go. I'll shoot you an e-mail. OK. Sometimes our old status when they transfer
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01:42:06
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to a new program, they're there in the background. But they weren't saved, so we had to go back in and.
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01:42:14
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I appreciate it because whatever one of the staff members said here are all the because I I can tell people if you can't get
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01:42:21
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something, take a screenshot, put in the Word document sentence to me. You got to show them. You can't just tell them. So one
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01:42:27
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reason this is so thick is I have pages up. It doesn't exist. It doesn't exist. And I thought this is not the right website.
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01:42:33
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Something had had to have changed because it should be there.
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01:42:39
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It's OK, We'll figure it out as long as I'm sorry to interrupt you. I was just, I was really curious. So page 38 is the first
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01:42:43
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building B1 and page 39, pardon me, is the second building.
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01:42:49
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And what I did is if you go to page 40, and I've done this a couple different ways, I put the most, the one that I have the county
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01:42:56
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board or the state board people most asked me for in here. I do have an alternative that's slightly different, not on value, but
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01:43:01
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on how depreciation works. I have all the marshals with backup, all the cost multipliers, all the adjustments for the region I
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01:43:07
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can.
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01:43:12
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Make it ad nauseam if you want, it's in here for you. But on page 40, what we did is the same format that we had brought in for
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01:43:18
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the prior hearing a couple years ago, Building 1 versus Building 2 directly off the assessor's sketches. And we built it out based
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01:43:25
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on the occupancy, the rank, the class of the assessor had used.
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01:43:31
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And then we said what is the description? What is the assessor effective age, the effective age as of the data value, the life
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01:43:39
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expectancy on the marshals with chart based on the class.
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01:43:45
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And that it's in the section of either the office or the warehouse industrial and we directly took the price per square foot from
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01:43:53
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Marshall and Swift. So for office it was high further than the rest. There's $138 a square foot. Pardon me guys, I have not been
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01:43:59
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drinking water because I didn't want to stop 15 times to.
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01:44:06
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If you look at page 48 you will see the autumn blunt. You know you hit 50 and you just keep going.
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01:44:14
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If you go to page 48, this is the Marshalls with page for the office building. I highlighted in yellow because I can't always find
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01:44:22
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my rulers that it was D average and took it out to the cost per square foot of $138 and this square footage of 2167 matches
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01:44:30
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exactly the office square footage on the sketch and then we.
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01:44:39
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Which is 25 tax year cost M&S. That means Marshalls with replacement cost new and you can see the value and then the local
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01:44:48
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multiplier for Hilah County which is also in the package.
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01:44:53
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.89 which is interesting. It's the same multiplier it was four years ago. Let me let me interrupt you for sure just so I get on
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01:44:59
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the same page. So you're looking at a 21 Marshall and I'm actually not. This is what's interesting. We are looking at the most
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01:45:07
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recent Marshalls with page prior to January 1st, 2024. It's really odd. I did not get an office until January 24th.
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01:45:16
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So the most recent one I have is in here. I actually looked at it and said this doesn't make sense because if you look at the
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01:45:25
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bottom of page 48, it says the schedule for delivery November 23rd for your last quarterly update that would have changed office,
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01:45:29
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it never came.
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01:45:34
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So this is the most recent, the last version of the office that I received in 2023. I didn't get another office till 24.
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01:45:40
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And my guess is, you know that they come quarterly or twice a year. Yeah, yeah, they, they do. But.
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01:45:49
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So is it?
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01:45:56
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Belief that.
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01:45:59
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Marshall and Swift didn't capture any change between that those two time periods or no it is not. That's why I keep going on the
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01:46:02
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calculation. So what happened is it was very strange. We have really old on showrooms and dealerships that were older than office,
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01:46:09
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but office didn't come forward till 24 and I don't know why. It's normally A2 year cycle. You're supposed to get it and it stays
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01:46:16
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there for two years and you use multipliers and you move it forward.
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01:46:22
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And I don't know why it didn't come through.
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01:46:30
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Because we get those packets every quarter.
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01:46:32
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And some of them are colored sheets and some are not.
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01:46:36
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So that's why I wanted to show you that we were using the most recent for the data value at the time. And then we had an old 1
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01:46:39
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from 2020 from showrooms. That's why you show 2024 for February. I'm not going to give you something four years old. I don't know
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01:46:47
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why it was lagging. I did go to a class to keep trained for Marshall and Swift February of 2020 right before COVID hit, and they
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01:46:54
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said that they do the best they can and they do insurance and all the stuff.
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01:47:02
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I don't know. It was interesting. I cried at one point because it got a little complicated doing math on paper, but that's a
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01:47:10
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different issue. It was, you talk about going back to basics. So Needless to say, what we did is we went straight across Marshall
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01:47:16
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and Swift and then we did the depreciation based on what Marshall and Swift would say for the age of the property and the class of
|
01:47:23
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the construction. And literally it's just math right across.
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01:47:29
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And then there's a note section here where the sketch area for the assessor shows a combo of showroom and office.
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01:47:36
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At 5060 square feet, what page are you, 40 the cost model, Sir. And what we wanted to make sure folks knew is that we used office
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01:47:43
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at $138 a square foot for the pure office and for the showroom that said pure showroom, it was $123 a square foot that matches the
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01:47:50
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Marshall and Swift.
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01:47:57
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And we did the same thing for the service repair garage. May I tell you why I ran two different versions? Sure. OK. And this is
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01:48:08
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for the assessing office because I try and be fair. Based on what?
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01:48:13
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My client sees it Marshall and Swift and what sometimes I'll hear from the assessing offices depending on what system they're
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01:48:19
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using. So on page 40 is a straight Marshall and Swift. It includes depreciation on the 4th column from the left, pardon me, 5th
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01:48:27
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column from the left says depreciation for Schedule 25 cost model. If you go down, you'll see that for the third, the second and
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01:48:34
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third item, the depreciation is over 60%.
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01:48:41
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Sometimes some assessing offices, depending on how they load their computer system will say our computer system maxes at 60%. We
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01:48:49
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don't go above that. So I also have a separate sheet for you that I'd like to give for the record that shows the Max depreciation
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01:48:57
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at 60% even though Marshall and Swift goes out farther than this.
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01:49:04
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So if you give me one quick second and all the paper for me to pull that to give to you guys because I also wanted to see if it
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01:49:12
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made a difference on value to do it there.
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01:49:16
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And I appreciate your patience because I can wind up pretty quick, but I want to make sure you have all the options.
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01:49:25
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Is this wrong?
|
01:49:34
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May I hand the Assessor 1 and approach you as well please. So the difference in value is when you use the Marshall and Swift
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01:49:36
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depreciation, the value comes to after depreciation. So replacement cost new before depreciation on what you're looking at is page
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01:49:42
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40 is.
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01:49:48
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My little sticker over $2,344,521.00 of improvement before land. We just applied the assessor land.
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01:49:56
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With depreciation it becomes just the improvement, $763,872 is on the paper. When you change this and you just anything that's
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01:50:05
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over 60% just stays at 60, you don't get the extra depreciation. The value goes up from 2 million 344 to.
|
01:50:15
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Hang on, I want to make sure I'm giving you the correct one.
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01:50:27
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Do do do hang on one second.
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01:50:31
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This is why I have glasses on too.
|
01:50:36
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So it looks like the excel sheet did the math to the width depreciation but with that. So I will give it to you and I can load it
|
01:50:43
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on the computer if you want, but you'll see that the for depreciation math did not do what it was supposed to do.
|
01:50:49
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But it changed on the second.
|
01:50:55
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I'm gonna put a #2 on here.
|
01:50:58
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Went up about 180,000.
|
01:51:01
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So you're sitting on that whatever is in a question. Didn't that upgrade put the data up right there if you can show it?
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01:51:05
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Thank you.
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01:51:14
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Not quite sure why I did that.
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01:51:17
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Yes, we have job security, human beings.
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01:51:20
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Because I actually do the spreadsheets, I don't delegate this stuff out, so I get more irritated than myself than anybody.
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01:51:25
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So Long story short, there's a slight increase.
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01:51:32
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So instead of with after depreciation, including land on the Marshall and Swift pure cost, the value comes to $992,197.00. If you
|
01:51:35
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do it with a Max of 60% appreciation it becomes one million 091176.
|
01:51:44
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So I thought it was very interesting to see the limited difference in this particular case and I wanted to be transparent with the
|
01:51:55
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assessor needs to work only with a maximum of 60% because of the Department of Revenue, they give them a parameter.
|
01:52:02
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So that is why we're asking for the adjustment. I will tell you I worked this so many different ways because I was surprised at
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01:52:11
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the outcome myself. I have added sprinklers and paving on top of it, even though some of that's already embedded in the value.
|
01:52:19
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It's the numbers are the numbers, so I appreciate your time. I'm happy to answer any questions or save it for comments after and I
|
01:52:29
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can sit down for now. What is your preference?
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01:52:34
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Um, I don't know if I have one, but while you're there.
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01:52:40
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So the land you took that from assessor, yes.
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01:52:46
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I guess that's a stipulated issue. It just.
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01:52:51
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That's the number that jumps out to me as being I looked at, I had provided land comps because when we went into the transaction.
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01:52:54
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When we went into the the transaction to look at it for the client to then file the paperwork I had given Thompson range from just
|
01:53:03
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over a dollar to in the early forms, but they were smaller path sites for fast food and other things, yeah.
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01:53:11
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Almost every one of them came back rejected, but yes, yeah. So there was one.
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01:53:19
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And so I looked at this and I said, OK, the last time we were here before you, I was telephonic the issue.
|
01:53:27
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Was part of the improvement and it was land. And that time we had a conversation about how is the land value and you made a
|
01:53:33
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decision that the frontage, the limited frontage would be X and the back would be considered separate. And I believe the land
|
01:53:40
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value I'm guessing was around 463.
|
01:53:46
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463,000 Yeah, I would, I would think So what and and remind me you, you covered it both. So what is the actual acreage? The
|
01:53:54
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acreage is 4.68 and the zoning and what's permitted there in the environmental impact now is really what changes how you
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01:54:01
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characterize this land. If nothing was there now and it was plain it would be different. And that's one of the conversations I had
|
01:54:08
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with the ownership. I said do you think the land value yeah may have exceeded improvement it well, but.
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01:54:15
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The land value is different because it's been there so long with the format of the garage that the remediation alone would be a
|
01:54:23
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disaster to change the use. So this becomes an environmental remediation issue.
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01:54:29
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Fun times. Sorry I raised the topic. I'm glad it's not an issue.
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01:54:39
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What I want you to know, I looked at it too, that we're not just ignoring it and going through.
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01:54:44
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You know to me, but it wasn't that much many times significant either. It looks like land went down a couple years ago,
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01:54:49
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improvements sort of hovered and now they went up and that's what threw them. I did not expect the cost model.
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01:54:56
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To be as low as it was when I ran, right, I expected it was gonna run around a million, 4,000,005, and I've gone over it and over
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01:55:04
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it and over.
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01:55:07
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So unless you address, unless you increase the land value, right, this is what we're finding.
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01:55:12
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But you know, I I has ever.
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01:55:17
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Long as I've done this for 15 years or so, I've never increased the value, although there have been occasions I've wanted to.
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01:55:21
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I'm not sure I can do that, but you know, I don't know.
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01:55:30
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I guess I could go Trump, but anyway so but.
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01:55:34
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There's enough of them, right? So, okay.
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01:55:41
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So it's your, your position that your full cash value as of today you're, you're at that.
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01:55:48
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What you appreciate your at the 992 number it's 990-2197 if you do a pure Marshall and Swift if you do the review where you Max
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01:55:56
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out of the what sometimes we are told is the Department of Revenue cap at 60% comes in at 1,091,176 dollars.
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01:56:06
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And that was my reaction. I've been looking at this for like.
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01:56:20
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And I thought maybe the math was wrong. This was wrong and I'm happy to be told I made a mistake somewhere. I've shown this to
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01:56:23
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other people that are appraisers for the cost model.
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01:56:28
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Well, we don't have the hearsay rule here. So what did they say? They looked at my math and they said that is the straight across
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01:56:37
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because I was in litigation and I hire someone like yourself that's an appraiser and they do the market costs and income assuming
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01:56:44
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they can do all three, which in tax what you're supposed to do all three even if one of them is then pushed away and.
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01:56:50
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Yeah, a lot of times appraisers that call me and they say does this look right to you? I think the only thing that they said to me
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01:56:58
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is Are you sure he will is 89% and I actually have the page in there that shows it for the adjustment.
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01:57:04
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So I'm happy to be wrong. Seriously. I mean, I've looked at this. I I don't know. That's that's what the math does and all the
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01:57:13
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pages are there and the taxpayer beyond me knowing because I was there, said there has been nothing new done here. Yeah, yeah, I,
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01:57:20
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I, I would, I mean, I believe you presented that evidence. But even notwithstanding that, I would take.
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01:57:28
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This particular taxpayer if the word anyway. They really try. Oh, they do. They do.
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01:57:36
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But anyway with regards to this issue.
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01:57:43
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Representing factual improvements. Yep. And we're trying so you know, the sketches are what we used. And I also looked at the cost
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01:57:48
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model that I had provided in 2020 the last time to make sure that there's nothing new. I sent it to the ownership as well. Meaning
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01:57:54
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is there a square footage change? Have they decided to use and they said no.
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01:58:00
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So that's where we are and the office at $138 a square foot for what it is, there is probably high, but if there's no adjustment
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01:58:06
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made for opinion, it is right out of the book. This is what it is. It's not fancy. The service industries not fancy. I think the
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01:58:13
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only thing that the client said.
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01:58:19
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And the assessor actually had said this when we were talking. It can be very hard to read the blue screenshot that you sent me.
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01:58:26
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Thank you because it's I put it in here because I was trying to figure out how to read it better. If you look at taxpayer page.
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01:58:34
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Page 54 is an example.
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01:58:48
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So the property record card.
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01:58:52
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And then the blue pages are the cost model begin on page 535455 and 56 I.
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01:58:55
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We did our best to try and read them.
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01:59:04
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And these are the cards from the assessor, which is really hard. So we haven't we looked at it. I still ran a separate Marshall
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01:59:10
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and Swift because there wasn't enough detail, like there wasn't the sketches in these cards. So I didn't want to pretend I knew
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01:59:15
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what I was doing. Nothing.
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01:59:19
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Anything else with regards to your opening? Closing? With regards to your opening, you'll have an opportunity for closing.
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01:59:26
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Assessor.
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01:59:34
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No.
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01:59:39
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OK. Any comment with regards to any rebuttal to the opening?
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01:59:45
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I'm willing to go wherever you want to go with this, but.
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01:59:52
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I want to go right, I'm sorry.
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01:59:58
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Oh, OK, no, I no, I, like everyone else in this room, just want to be accurate and and.
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02:00:02
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Puzzling, and so I was just curious.
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02:00:13
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If you could just opine, how about a little bit with regards to the background where we've been with this property since 21?
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02:00:16
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With the background on the time frame of.
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02:00:25
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The prior appeal, yeah, that was.
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02:00:32
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When Miss Henderson was here.
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02:00:38
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And.
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02:00:42
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That was a very.
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02:00:45
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Confusing time.
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02:00:49
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Understood yes now the concept were used by the assessor's office or of course comps that were not within this county because.
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02:00:54
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It's this is a unique dealership is very unique.
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02:01:09
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So we use some from some comparable areas, one in Navajo County and two in Coconino.
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02:01:15
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Yes. Where would that just go? Yes, going toward out of town, going east, there's the patch Toyota. Yes.
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02:01:23
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That and a couple on Findlay and Coconino.
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02:01:36
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Would you opine?
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02:01:42
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That Navajo would be inferior to Payson and Coconino superior as far as I mean, that's a wide brush, but just to kind of like lay
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02:01:46
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it out there. If you had, if you had, if you were to find two comparables, everything else being equal, 1 from cello, one from
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02:01:53
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flag, I would expect shallow to be South and perhaps slightly yes.
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02:02:01
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And coconut, Well, yeah, solo that area.
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02:02:10
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Is growing and as as you know, you probably go through there enough. It's yes, yes. So there's a lot of changes. So I'm thinking
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02:02:15
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it's still pretty close, yes.
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02:02:21
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You want to opine any further about God mobile industry?
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02:02:34
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I mean, it kind of seems like if it's if you're if you're at a great, if it's a great spot and a great flag, it's, you know,
|
02:02:38
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lovely puffs and rainbows. Well, this isn't a good area. I I would think so yes, it is right at that.
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02:02:47
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2260.
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02:02:57
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Yeah, it's on the corner.
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02:03:01
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Do you have anything else you want to add?
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02:03:06
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I don't.
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02:03:12
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Thank you.
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02:03:16
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Final closing.
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02:03:18
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So when you come along into four corners of some of the comparables that were in the assessment material, yeah, and it's actually
|
02:03:20
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a big problem just that it's really looking at the concepts that they were in couldn't find a lot right. So it makes a little more
|
02:03:25
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sense now, right. But the.
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02:03:29
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An auto vehicle dealership truck type of a format the same what they pay for land as a Walgreens or the McDonald's or the shopping
|
02:03:35
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center. So when I look at the four corners, I'm thinking Walgreens pays the premium. I do not understand that choice and I'm
|
02:03:41
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putting that on the record. It's some of the stuff it just doesn't make sense to me yourself and vote. But in this four corners
|
02:03:47
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you have a lot of center. You have a McDonald's and you have a Walgreens and then this corner for the subject it is what it is
|
02:03:53
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the.
|
02:03:59
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The important thing is, can you come up a little bit closer? We're not picking you up. Are these microphones OK? I'm sorry. They
|
02:04:05
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just look like Star Trek.
|
02:04:09
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That's OK, That's that's a good thing. One of the pieces that is important here is I also do transactional work and litigation on
|
02:04:14
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one of those weirdos. It's old enough one way and old enough the other. And we worked with a dealership and I'm sanitizing this
|
02:04:21
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very similar to the subject ownership where they bought property and they bought dealerships. They came in and they took over
|
02:04:27
|
|
|
someone else's like a hatch. And it's more than just.
|
02:04:34
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The sale price is more than just the real estate as if you're selling it and that's, I mean, you know, that's the difficulty of
|
02:04:41
|
|
|
getting the business value out of the flag. One of the questions I asked the ownership here is why can this subject at its age and
|
02:04:48
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|
|
how it looks still functions. And he said when we are ever under review, we keep telling them don't the, the set up in the format
|
02:04:55
|
|
|
does not allow the full refresh that if you were doing this today you would need.
|
02:05:03
|
|
|
So they keep saying just let us do it and leave it alone. You need someone in the geographic area to service these vehicles
|
02:05:10
|
|
|
because it's not cost effective and reasonable for this small site to put this facility on here for inventory anymore.
|
02:05:17
|
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|
So it would have to change, maybe it would be a value center or something else, but I'm not saying that's what they're trying to
|
02:05:25
|
|
|
do, but that's what they're worried about in the future. But we have to focus on current use. For what it's worth. Did you want to
|
02:05:31
|
|
|
add to your final closing? That's what I was just saying. Thank you, I appreciate it.
|
02:05:37
|
|
|
Well, thank you both of you, both the petitioner and also that of the assessor. It's obviously a challenging 1. There's a lot of
|
02:05:45
|
|
|
information, a lot of things to take into consideration to really analyze what the, you know, market value of the property is and
|
02:05:51
|
|
|
for those reasons.
|
02:05:57
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To serve both the petitioner and also that of the county.
|
02:06:05
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|
|
I'm going to take this under advisement. I'll render decision within 10 business days and you'll both be notified with regards to
|
02:06:08
|
|
|
those results and of course either one are eligible for.
|
02:06:14
|
|
|
Appeal eligible.
|
02:06:20
|
|
|
Won't be the right?
|
02:06:24
|
|
|
Yeah. So thank you. Thank you. It's good to see you again. Now I recall everything.
|
02:06:33
|
|
|
I'm sorry. Yeah, I'm sorry. Thank you. All right.
|
02:06:41
|
|
|
OK, let me just package this up.
|
02:06:47
|
|
|
Is there anything else before we release?
|
02:06:56
|
|
|
No, thank you for thank you for coming. And oh, I didn't know that gentleman was with you. I, I assume so because I, I thought you
|
02:07:03
|
|
|
came in together, but I thought Rex, he was an additional or a different petitioner. Welcome.
|
02:07:10
|
|
|
The assessor has a camera and our clients want to know, but if someone says it's being recorded, we're fine. So we were trying to
|
02:07:19
|
|
|
be squirrel.
|
02:07:23
|
|
|
Well, you know, thank you very much.
|
02:07:32
|
|
|
Yeah.
|
02:07:37
|
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|
I just take my agenda.
|
02:08:11
|
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|
I'm sorry.
|
02:08:15
|
|
|
No agenda.
|
02:08:19
|
|
|
Thank you. Thanks. Sorry, All right, next.
|
02:08:25
|
|
|
Next item on the docket.
|
02:08:31
|
|
|
High is set for 11:40 and my heavens, Oh my, we're way late. I apologize I'm sorry. I'm well into yours. No problem not I'm well
|
02:08:34
|
|
|
into your lunchtime. But next time on the dock at Delta Property tax on behalf of Circle K store parcel 30256002 after the
|
02:08:43
|
|
|
petitioner, tax agent, property owner or other representative here. Not so the assessor is here and represented by.
|
02:08:52
|
|
|
Christina Hacks.
|
02:09:01
|
|
|
And being previously sworn, does the assessor have initial recommendation with regard to this matter? Recommends a no change.
|
02:09:03
|
|
|
And the full cash value is $1,682,357, correct? With an LPV of 761, Yeah.
|
02:09:12
|
|
|
OK.
|
02:09:24
|
|
|
Is there anything you want to proffer or?
|
02:09:26
|
|
|
Based on the information presented by the petitioner and also by the Assessor's Office, the Hearing Officer has reviewed all
|
02:09:30
|
|
|
material that has been filed and presented and it is the decision of the hearing officer that had no change to be entered with
|
02:09:37
|
|
|
regard to this matter. Full cash value will be affirmed at $1,682,357.
|
02:09:43
|
|
|
All right. Thank you, Sir. Thank you. Next item. And the last, is this the last?
|
02:09:50
|
|
|
So one more. Oh, OK.
|
02:09:57
|
|
|
And the next item on the docket is Circle K 30417017. A is the property and supposedly or not supposedly, excuse me, they are
|
02:10:02
|
|
|
represented by Delta property tax is the tax agent, property owner, attorney or other representative present? Not so. The
|
02:10:09
|
|
|
assessor's office is here and represented by Christina Hanks being previously sworn disease has results have initial
|
02:10:16
|
|
|
recommendation with regard to this matter.
|
02:10:23
|
|
|
No change.
|
02:10:30
|
|
|
And the hearing officer has reviewed the entire packet has presented by the assessor and also that as a petitioner in its entirety
|
02:10:31
|
|
|
and based on the information contained presented and also.
|
02:10:37
|
|
|
The.
|
02:10:44
|
|
|
The burden that is placed on the taxpayer, the hearing officer issues and order of no change with regard to this matter, which is
|
02:10:47
|
|
|
not concluded and the next item.
|
02:10:53
|
|
|
Is this?
|
02:11:00
|
|
|
Oh, that's right. No, we right. We are correct. Good job.
|
02:11:07
|
|
|
Oh, she being the.
|
02:11:12
|
|
|
Oh, that's right, yeah.
|
02:11:19
|
|
|
Yeah, all right, next item on the docket is parcel #304-57-233. If you have a motion for point of order, no change. All right, no
|
02:11:21
|
|
|
change. And this was presented by improper format and unaccepted documentation by the Commissioner. James and Victoria Young,
|
02:11:31
|
|
|
however, has been doctor for a hearing. Hearing officer has reviewed the handwritten information and found that it does not meet.
|
02:11:41
|
|
|
For Dor, state of Arizona and also Yuba County, based on that information hearing, the hearing decision is therefore entered as no
|
02:11:51
|
|
|
change that will conclude this matter. And that concludes that's everything, right? That concludes everything for 2025 property
|
02:11:59
|
|
|
tax valuations for Healing County. We will stand adjourned. Thank you all. Thank you.
|
02:12:07
|