Property Reassessment

December 9, 2008

Reassessment firm criticized

Acting county controller raps 21st Century over presence at appeals.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
Jennifer Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

Luzerne County acting Controller A.J. Martinelli has sent a stern letter to the reassessment company over its contention that the company must be paid to defend the county in court-level assessment challenges.

The county’s contract and contract extension with 21st Century Appraisals Inc. both say the company shall be paid to defend assessed values before the Court of Common Pleas. However, the court has since added mediation, arbitration and special master steps to the court-challenge process.

The county assessment appeal board has decided it doesn’t need 21st Century for these additional steps, but 21st Century representative Tim Barr has said the company should be present because the additional steps are still challenges in court.

The contractual fee for 21st Century to provide court-level services is $150 an hour for a certified appraiser and $250 an hour for legal counsel.

Martinelli said in his Dec. 5 letter to Barr that he thought there was a “consensus” during a past meeting with 21st Century that the contract does not require the county to pay the company for representation during the additional steps.

“Instead, I believe it was acknowledged that your contract only provides for the county to call on your company for services when an appeal is in court before a judge,” Martinelli wrote.

Martinelli said his reading of the contract would support this conclusion.

“Therefore, I am placing you on notice that as a supervisor of the fiscal affairs of the county, I will not pay any bills for any unauthorized and unwanted services that you force upon the county, for the reasons stated in this letter,” Martinelli wrote.

Barr said on Monday he hasn’t received the letter and can’t comment on the contract because the county communications office has prohibited his company and the appeals board from discussing contract dispute issues in the media.

21st Century has been trying since the summer to set up a meeting with county officials to discuss the potential breach of contract, Barr has said.

Martinelli wrote that he was “surprised” to learn from several property owners that 21st Century employees were present when auxiliary appeal board members deliberated values behind closed doors.

“I do hope representatives of your company did not encourage board members to deny appeals and disregard valid appraisals so that your company could profit from providing defenses in every appeal,” Martinelli wrote.

Barr said the county appeals board set policy governing all assessment appeals, and 21st Century-certified property evaluators were instructed to be present during deliberation to operate the computerized property valuation program, allowing board members to determine how changes in property descriptions would alter values.

Barr said his company was instructed to provide feedback and explain values in the presence of the property owners.

“Once the taxpayer leaves the room, no new evidence is presented by our appraisers,” Barr said. “We certainly didn’t encourage them to disregard appraisals. That’s an offensive accusation.”

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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