CDS were not dated and didn't hear a time and date at the beginning so this is a guess which meeting is which
Rough transcript-LISTEN TO THE AUDIO FOR EXACT WORDING: Coming out of executive session:
Wes. I do have a few things I want to talk about under staff reports that I did not get put into a specific line item so. Litigation in particular under our ... its something we talked about the last time we met, the fact that we're in this lawsuit with Best Value or Quality Inn whichever way you look at it and we're obviously pursuing this lawsuit as this is the 5th year in a row that we've been sued by these folks. One of the first things we have to do when we pursue an outside lawsuit like this, we have to obtain an appraisal. I don't specifically have money budgeted for that but it is something we're going to have to look at if we're going to go very far with these guys. We don't have to do it right away and we can actually wait until after the first of the year but it's something the attorneys contacted me about the other day where they requested mediation, it looks like we're headed for a trial date sometime in May. We would probably do mediation sometime in April, I have to have the appraisal befpre we go to mediation.
? Claimed value 1.2 which is what they paid for the property, they are claiming 8.76, that's all public record That's what it sold for recently.
? How much is the appraisal? Wes I'm guessing 3-5 thousand ... we have some money set aside under litigation reserves. I think we can fit it all in under that but I won't swear to that might be a little more
?Is this something we need to budget for? It's been consistently happening. Wes. We always have a lawsuit, and since I've been here it's always been with these guys and Fane (?sp?) but now that Fane has settled ... 9 times out of ten they get settled. We've paid for that money out of our reserve.. there comes a point where we continue to bite into our reserves.. budget amendment at the end or completion of a suit, send a bill to the entities.. entities kept in the loop. .. They choose to forgoe the normal course of business and pursue a lawsuit every year. This is going on state wide. Appraisal Creep, long and short is commercial properties realize appraisal districts don't have money and they work with attorney firms. So the tax rep comes in and does the absolute minimum in an ARB hearing thereby not getting a favorable decision. So when the ARB rules in favor of the appraisal district, the attorneys firm swoops in and sues the appraisal district. Everyone loses money in that instance. ....If you go all the way it costs you a lot of money. What they're banking on is that appraisal districts don't go all the way with them, they're going to continue to do this becuase they can get a bigger settlement. Settlements typically the way they work is everyone pays their own costs, doesn't discourage them from doing this over and over. Think you're going to see this a lot at the Lege. Down in El Paso, there are huge lawsuits going on annually. Tarrant County is a good example, budget 4.3 million on lawsuits every year, they raise their roll some amount anticipating they will lose at least half of that and then they have to fight to keep the remaining half. Settle 80-90 percent
Audio 2 (March meeting)
Discussion of sending out notices to Comanche Peak because don't know what to budget for.
Pending litigation, was scheduled for mediation, has been pushed back, prior to May 12. America's Best. Chalk Mountain hasn't actually gone to litigation yet. Mediation required? Judge more or less requires it here. Bridewell's not terrible at it but Neill is pretty insistent.... it's going to cost us money for no reason. Arbritation gets something done. This particular judge, Judge Neill requires that we do meditation whether we want to or not. Date agreed on by both attorneys. Notices sent out on April 2. Land increased, some individual subdivisions that went up depending on the situation in that particular subdivision generally because of comp sales. Some of it just becuase it's just the first time they're on the tax roll. Few areas in ratio study in more depressed areas that we went up on. Increases generally incite a reaction. ARB hears more of that than you do. "Go talk to the people who paid it".
General district information. A couple of years ago our software company promised us they're going to change software, still hasn't happened. Bought new hardware in anticipation, sent letter to reimburse for hardware, the company did reimburse. The hardware that we bought we aren't going to utilize, they bought it back but they didn't actually take it back, so we have some tablets we can't do anything with, not really the districts any longer. I think we're going to dispose of them, they don't want it back. They're usable, asking attorney how to handle it. Ship it back to them and let them dispose. 6 tablets, one for each of the employees.
Anything about arbitration, relief from the state on a law that we can get reiumbursed? Bill filed in last 3 weeks to that effect, ability to recoup in certain situations the attorney fees from opposing counsel. Don't have that now. They do, but we don't. Even if we win, we are still out our attorneys fees, that's something they're trying to change. #1 thing the Lege is looking at. Hot topic. Something that just got filed that might have a major impact, comptroller trying to get rid of responsibility to deal with use, State Tax Property Board, to be governing instead of comptroller. New Comptroller hates property taxes and hates appraisal district, thinks of it as a burden he shouldn't have to deal with. Board is appointed by the governor. 5 people on board with 2 additional. It's crazy because the filing fees are anywhere from 750 to 1200 for a county this size who's going to spend 1200 to be on this board? I think it would ruin the passage of the bill. Very unusual, almost backwards. ARB hearing April 2 before notices go out.
ROUGH transcript-listen for exact wording.
Significantly under budget. Lost Peggy last month, created surplus that will grow until position filled. Over in legal, representative of case with America's best value.
Approve contract with city of glen rose. Do it every year with all our entities. Promoted Cody to Peggy's position from mapping to appraiser.
Next meeting June.
Hospital District penalties (about 11:10). This is complicated and convuluted at the same time. If you're read the writeup.... the long and short is the hospital district continues to pay their quarterly payments late or under duress. This last time they were 27 days late and it took me making calls to their board to finally get them to pay. As soon as I started that they did find the money and run down and pay it but there's supposed to be a penalty. They paid their balance without paying their penalty so now they have an outstanding balance, typically we go to collections law firm, but the collections law firm also represents the hospital so they don't want to get involved with it-conflict. Options. -go to county attorney to see if they will collect for us. 561 penalty You've contacted them multiple times prior to April 1? Yes, multiple times, phone calls, faxes. What's their explanation? The explanation I got for Mr Hankins was that they're essentially behind on more than just our bill, had a hickup with IRS, big penalty there also, they just didn't have the money to pay it. Did they tell you that before April 1, but April 25 (I wasn't able to get a phone call back). Who's the contact? Ray. Directly. They recieved this year's taxation revenue? Yes. They continue to get checks from us. Any indication that they're going to start paying on time? I have no indication that they're going to start paying on time, I have no indication that they're not. They've only paid one time since this whole thing started. This was the worst it's gotten. If it ever got to the point that they just didn't pay, we can get a court order, we're constitutionally mandated to collect money and do appraisals, we can go to a judge and force them to pay. Trying to avoid. Never had this happen. I hope this is a first year issue-if they made the payment to us, we have to keep the balance revolving. Eventualy they will get caught up, all the other entities are under the same guidance. If this continues every time, that 561 will be 5000. Have they ever stated that they have a concern with paying the penalty? Or they just don't have the money. They literally had a runner come up and pay the money, they didn't discuss this with me at all. Continue to charge them, don't spend much money on lawyers. This 561 accrues interest. Their entity payments are due quarterly.I find it absurd that we have to hound them for the $500, that's a total waste of y'alls time.
911 coordinator works in appraisal district generally because mapping system is there. 911 coordeinator here out of the SO. Talked to Brian Peterson about this, and what I'm (Wes) wanting to do is to be the place that assigns the number, not the SO. Huge benefit for us to do it and makes no sense for us not to do it. Subdivision no addresses till driveway cut. If you're a new owner, but you don't have your driveway cut, you don't get an address so you have to fabricate an address or come up with something somehow. What we're wanting to do is pre-assign the addresses, estimate distance between lots, so when you come in and get informatoin for lot in Oakview Ranch, you don't have to build a driveway, you'll be able to get your address that day. Able to keep all this moving, workflow 10 times easier.
Litigation America's Value no longer under pending litigation ,it has been settled. Went into mediation, 1.2 still under 1.2 made a few concessions for 2014 and 2015. Had a fairly high response in and no response in Oakview Ranch. They don't believe they should be on it because properties not finished. Out 56 south of town. We'll have ARB hearings on this. Raised Ridgeview a little bit, got very little response, generally Ridgeview complains as a group. Notices have gone smooth, other than that not a lot going on here.
Danny on his way to meet with TXU. Have had virtually no response.
Public hearing of appraisal district budget -no one here to discuss the budget. About 48 mins in. I'm going to ask that we delay the budget at this time. We're going to have to ask for an amendment to our budget.