Board of Assessors

Minutes of the Board of Assessors Meeting of April 4, 2013 A meeting of the Board of Assessors was held on Thursday, April 4, 2013 in Room 208, 2nd floor of City Hall. The meeting was called to order at 8:15 AM by Chair Dominic D'Antoni. Members Present: Dominic D'Antoni Kevin Moriarty George Farrington Assessing Staff Present: Angelo Marino Andrew LeMay Doug Dame Cheryl Walley Minutes of the Meeting: The minutes for the meeting held on March 21, 2013 were approved. Appointments: None. Abatement Requests Presented: A complete listing of all abatements approved/denied is available in the Assessor’s Office. Regarding a settlement for a 2011 BTLA appeal and a 2012 abatement filed on the property located at 4 Merritt Parkway, presented by Deputy Assessor Drew LeMay, Dr. Kevin Moriarty said he has not been given enough information to make an informed decision. He requested that more information be given to the Board as to how the proposed assessment has been calculated. Mr. LeMay agreed to furnish the Board with more information saying he will have it for the Board for their next meeting. New Exemptions: The Board was presented with two new charitable exemption requests and one new religious exemption request. The Board members each received all the information submitted by each of these organizations and reviewed the information before the meeting. Both organizations requesting a charitable exemption are using space within the Hunt Building at 6 Main Street, which is owned by the City of Nashua. Each is using the space for the reasons the organization was created and each filed the required forms timely. The first to be discussed by the Board is the charitable exemption filed by the Great American Downtown, Inc. (GAD). Attorney Steven Bolton was present to answer any questions the Board may have regarding the Great American Downtown. Chair Dominic D’Antoni asked Attorney Bolton if there is anything he would like to say with regards to this request. After introducing himself as a Nashua attorney and a member of the Great American Downtown, Inc. Board of Directors, he said that Great American Downtown is a local charitable organization recognized by the Internal Revenue Service. Dr. Kevin Moriarty asked if the Board could be supplied with a document from the State of NH indicating that the organization is charitable and in good standing. Attorney Bolton agreed and said he will provide that today. The Board then made the following motion: MOTION BY Kevin Moriarty to approve the charitable exemption for Great American Downtown, Inc. for their leased space within the Hunt Building at 6 Main Street, as this organization meets the criteria set forth in RSA 72:23. SECONDED BY George Farrington. MOTION CARRIED. Attorney Bolton then thanked the Board and left the meeting. The second to be discussed by the Board is the A-9 filed by the Nashua Area Artists’ Association. Noting that this organization is using the leased space within the Hunt Building at 6 Main Street for the purpose the organization was created and the required forms have been filed timely, the Board made the following motion: 1 of 2 MOTION BY Kevin Moriarty to approve the charitable exemption for Nashua Area Artists’ Association for their leased space within the Hunt Building at 6 Main Street, as this organization meets the criteria set forth in RSA 72:23. SECONDED BY George Farrington. MOTION CARRIED. The third to be discussed is the religious exemption request filed by the Hindu Temple of Nashua, Inc. This organization purchased the property located at 523-525 Broad Street on 2/14/2013 in a bank resale. They have received a temporary certificate of occupancy on 3/14/2013 and are using and occupying the property for the religious purposes. Commercial Appraiser Douglas Dame addressed the Board saying he inspected the property on March 26, 2013. He told the Board that this was the former “Red Barn” convenience store and has been converted into a Hindu Temple for prayer and church meetings. He said from what he saw, the property was being used and occupied for religious purposes. MOTION BY Kevin Moriarty to approve the religious exemption for Hindu Temple of New Hampshire, Inc. for their property located at 523-525 Broad Street, as this organization meets the criteria set forth in RSA 72:23. SECONDED BY George Farrington. MOTION CARRIED. Old Business: Mr. Dominic D’Antoni said he believes the equalization ratio is not being used correctly by the Assessing Department when used to settle abatement requests. He said currently the practice is to deduct the market value from the assessed value and using the current tax rate abate using the difference. For example if the 2012 assessment is $350,000 and the agreed upon market value is $295,000 this leaves a difference of $55,000. The 2012 tax rate of $21.49 multiplied by the difference leaves an abatement of $1,181.95. He believes the assessment should be lowered by the ratio and the agreed upon market value subtracted from that figure. The tax rate should be multiplied by the ratio and then the abatement calculated using the higher tax rate with the difference of the market value from the lowered assessment. For example a 2012 assessment of $350,000 divided by 109.7 equals $319,100. The taxpayer and Assessing Department agree on a market value of $295,000. Mr. D’Antoni feels that $295,000 should be deducted from the $319,100 and the difference in those two figures ($24,100) should be multiplied by $23.57, (the 2012 tax rate of $21.49 multiplied by 109.7%) to arrive at the figure the taxpayer should be abated ($568). Mr. Angelo Marino said that in Example #1 it is assumed the assessment is correct. When a taxpayer files an abatement they are saying the assessment is incorrect. The first thing that needs to be done is we both have to look at what we determine the market value to be. The proper technique is to apply the ratio that was determined by indirect equalization and determine what the level of assessment is. We know the assessment is not correct, so you can not start with that number and find out market value then apply the ratio then subtract from the original assessment. Mr. D’Antoni said that the Rule #9.6 of the Assessing Standards Board manual says that the only thing the assessor can value property at is market value and it does not say anything about applying the ratio. Mr. Marino said that what Mr. D’Antoni is suggesting is incorrect. He said you need to determine market value and then apply the ratio when an abatement is filed. That is the only way you can do it to determine what the assessment should be for that given year. We are doing this properly. Mr. George Farrington and Dr. Moriarty both requested that information regarding this subject be given to them before the meeting to allow them time to review the information and be informed during the discussion. Dr. Moriarty also asked that this be placed on the agenda when it is known beforehand it is going to be discussed. MOTION BY Dominic D'Antoni to adjourn at 9:12 AM. SECONDED BY George Farrington. MOTION CARRIED. Transcribed by: Cheryl Walley Department Coordinator 2 of 2