Karaffa: Augusta County's real estate assessment

By Supervisor David Karaffa
Beverley Manor District
Augusta County Board of Supervisors

Augusta County, like all counties in the Commonwealth of Virginia, must conduct an assessment of all real estate. According to the Code of Virginia this must be done every four years for a county of our size. However, Augusta County has a special provision in the code that allows for us to assess every fifth or sixth year if the Board of Supervisors desire.

Most folks in Augusta will remember the reassessment of 2009. Some didn’t mind the assessment. Many did, so much so that it became a part of my campaign when I ran for supervisor. I told folks that I would engage in the reassessment and work to get a new one off the ground as soon as possible. That is exactly what the new board did when we took office in January 2012.

That first month that the new Augusta County Board of Supervisors was seated, we voted to begin the reassessment process and put together the reassessment committee. I was one of the supervisors selected. As a committee we were responsible to select the next company that would conduct the county assessment.

The committee met for the first time in February of 2012 and a request for bids was sent out. In March of 2012 bids were submitted by companies across the Commonwealth and interviews took place later that month. Some options were good, others not so much. In April of 2012 the committee decided on Wingate & Associates of Roanoke to perform the reassessment of Augusta County. (Click here for the Frequently Asked Questions that the Board responded to about the new assessment.)

Wingate & Associates went to work immediately setting up an office inside the Government Center with space for meetings and files. Field work began on July 1, 2012, and finished up in August of 2013 (11 months). Then the company went to work with their calculations and verification.

The process would take more than a year to complete.

As a member of the reassessment committee, we had monthly meetings that kept us up to date with their overall progress and they were able to demonstrate their process for evaluating and setting a value to property. We discussed property types and county ordinances that would affect property. We discussed federally owned land, state owned land, county owned land, non profit land (schools, hospitals, churches, etc). We as supervisors also asked about random properties to evaluate the company’s process and procedure. This all went very well. The company also gave a number of updates to the entire Board of Supervisors during their work and met individually with supervisors to discuss and explain what the real estate market was doing in their districts. I found this information extremely helpful.

The total reassessment process wrapped up in November of 2013 (16 months in total). The new real estate assessments were compiled and submitted to the county (the Land Book) and on January 1, 2014, they became the official values of real estate for taxation in Augusta County.

We are currently going through the Board of Equalization process. This process is set forth in the Code of Virginia to allow for property owners to appeal the value placed on their property by Wingate & Associates. If you have any questions about your assessment you should contact the Government Center at (540) 245-5600 and ask to speak with the Commissioner of the Revenue’s office.

I hope this post has shed light on the issue of reassessment and what the current Board of Supervisors did in response. I am proud to have been on the reassessment committee that selected Wingate & Associates and am satisfied with the work they performed. As always, if you have any questions please don’t hesitate to contact me.
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David Karaffa, 30, represents the Beverley Manor District of Augusta County on the Board of Supervisors. A registered nurse, he is the Director of Nursing at Stuarts Draft Christian Home. He and his wife, Katie, have three daughters. Supervisor Karaffa can be reached at DavidKaraffa@comcast.net or by contacting the government center in Verona at (540) 245-5600.

Photo by Lynn R. Mitchell 

Augusta BoS predictably tables decision on staggered terms

Monday's Augusta County Board of Supervisors staff meeting ended as many expected it would. With four items on the agenda, the issue of staggered board terms that had been broached to the Board by Supervisor Tracy Pyles (D-Pastures) ended up tabled until the June 21 work session.

Bob Stuart has a good article in today's Waynesboro News Virginian about what happened and how a decision was once again delayed.

When the meeting began, 10 members of the public were in the audience. By the time the last item came up, only two were left to hear what happened.

The issue of staggered supervisor terms -- three supervisors voted in, then the remaining four elected two years later, all to serve four-year terms --was clouded with additional issues thrown into the mix -- redistricting, number of supervisors (whether to increase, decrease, or keep the same), other items. It was decided to limit discussion to the issue at hand.

Tracy Pyles (D-Pastures) originally suggested the board consider going to staggered terms, something used by neighboring Staunton City Council, Waynesboro City Council, and Shenandoah County BoS. The public would have a better opportunity to be heard, he said, rather than wait four years every time for elections. Staggering would offer the possibility of a "course correction," a sort of report card between the public and the board. He proposed hosting a public hearing for feedback from the community, and suggested the new policy be in place by the next election in November of 2011.

Larry Howdyshell (R-North River) flip-flopped, disappointing by first saying he agreed and then backpedaling on having the lawyer draft an ordinance, suggesting instead that it be tabled. He backed that up by voting to do nothing before a June 21 meeting. The News Virginian wrote:

North River member Larry Howdyshell said he liked considering staggered terms because it means keeping “some consistency and knowledge in place.”

But when it came time to proceed with drawing an ordinance, Howdyshell preferred to wait, calling the move “a pretty big step.”

Mr. Pyles pointed out it was just an ordinance and, instead of doing nothing before addressing it again on June 21, the lawyer could draft the ordinance ... it didn't mean it would be voted on ... it was just a draft. But he was outvoted by those who did not want the issue to move forward.

David Beyeler (R-South River) was very vocal in his objection, citing the recent real estate assessment as an example of the public becoming angry and ousting their supervisors. Well, hello! A huge part of the public felt their voices were ignored in that issue. Many people have said they view the supervisors and those at the Government Center as arrogant ... and then they always follow it up by saying, "Except Mr. Pyles."

Wendell Coleman arrived late, just at the end of the staggered term discussion, and was asked his opinion. Some of his reasoning was questionable:

- Staggered terms could have a negative effect on businesses moving to the community. (Tell that to Waynesboro's staggered City Council ... business is booming in that part of SWAC Land with new restaurants and retail announced on a regular basis.)

- Something about not being able to lead because of worrying about reelections. (As opposed to worrying about reelections now? It will still be four-year terms so not quite sure what he meant by this.)

- He mentioned being concerned about the cost because he spent far more money when he ran for supervisor than he ever imagined and it was a rude awakening how much it cost. (A candidate will incur the cost of a campaign ... staggered terms have nothing to do with it.)

- He mentioned that the learning curve to become supervisor is steep. (Again, that has nothing to do with staggered terms.)

The News Virginian best covered the discussion and, bottom line, the issue had again been sidelined until the June 21 work session.

Work sessions are held the fourth Monday each month at 1:30 in the afternoon and are open to the public. The next one is June 21. It will be interesting to see if this issue is again pushed aside at that time.

Landowner sues Augusta County ... judge delays decision

An Augusta County landowner who filed a lawsuit against the Board of Equilization will have to wait to learn the outcome.

In a familiar move, Thursday's hearing was delayed with Judge Victor Ludwig ordering attorneys for both sides to provide written arguments.

As reported in the Waynesboro News Virginian:

A judge Thursday delayed a ruling on a lawsuit accusing the Augusta County Board of Equalization of violating open government laws, but he alluded to a key charge.

“I don’t have anything that looks like [meeting] minutes,” said Judge Victor V. Ludwig, referring to documents provided by attorneys during two hours of testimony.

The judge ordered lawyers for Thomas Cline, of Fort Defiance, and the county to file written arguments in the case.

Cline, of Fort Defiance, charges that the board violated the state’s Freedom of Information Act by failing to conduct open meetings and properly record minutes and votes.

The board last fall increased the value of Cline’s 63-acre property by $75,000. He wants Ludwig to order the board to revert the value to $942,000.

Interestingly, the 2009 reassessments were protested by thousands when 10,500 Augusta County residents signed petitions requesting the Board of Supervisors and Commissioner of the Revenue Jean Shrewsbury roll back what many felt were outrageously inflated real estate assessments. The largest crowd in history, over 1,000 residents, attended a March 2009 Augusta County Board of Supervisors meeting addressing the assessments.

Others have run into issues with the Government Center over lack of minutes or recorded minutes concerning meetings. In the Rocket Boy case, now under appeal in Augusta County, a request for the audio tape minutes from a Board of Zoning Appeals meeting was denied and a hard copy version was found to have numerous inaccuracies and omissions. When the Rocket Boys pressed for the audio tape so direct comparisons could be made, they were denied by the county.

The News Virginian sifted through cases:

A review by The News Virginian of 75 cases that resulted in increases found one recorded vote: a unanimous decision to maintain the value of Cline’s property at $1.02 million. That amount earlier had been set by the board, prompting the hearing last fall.

Now this case, like others, has been put on hold.

Augusta County "operating in the dark"?

[UPDATE: Follow-up article in May 13, 2010, Waynesboro News Virginian.]

Open government, sunlight, equal treatment of all ... these are tenets of government most agree with.

A lawsuit questioning those tenets has been filed by Augusta County citizen Thomas Cline against the Augusta County Board of Equilization charging that decisions were "not conducted in the manner of a public meeting."

Mr. Cline's charge is that his assessment appeal meeting was held behind closed doors even though it was supposed to be open to the public, no minutes of the meeting were recorded, and he was not given the required 15 days notice of a meeting, instead receiving a letter dated Nov. 9 for a Nov. 18 hearing.

As reported on Tuesday's News Virginian:

Cline, put on edge by the secrecy he sensed, arrived early for his hearing and found the meeting room door closed with a note for people to wait outside until they were called.

Once inside, Cline said he asked about meeting minutes, but was rebuked and told to stick to presenting his case.

“‘We’re not here to be interrogated,’” Cline said board officials told him. Within minutes, Cline was back in the hallway.

Questions are being asked by the Waynesboro News Virginian, too, asking if Augusta County government is "operating in the dark." In today's editorial, the NV reveals it asked for information concerning this case and did not receive what they expected:

We asked for minutes and received what Cline did, a record of the value adjustment but no accounting of the attendees, discussion and vote, all mandated by law.

Board Secretary Martin Lightsey acknowledged that it was “definitely possible” that the law was not followed. He said he did not “keep the sort of notes that one would take if you were trying to record minutes of a board meeting.” He admitted votes happened after property owners left the room. Meetings, he said, felt more closed than open.

Well, if a sign on the door directs people to wait outside until called and neither property owners nor the public witnesses votes, that would feel more closed than open, wouldn’t it?

Last year, the Virginia Freedom of Information Advisory Council, a state agency, admonished that a board of equalization is a public body required to hold open meetings and keep minutes.

“A record of the vote must be included in the meeting minutes,” the council wrote. “And the vote must be taken during an open meeting conducted in accordance with FOIA.”

Further, the rule of thumb in government is that meetings are presumed open.

Interestingly, the 2009 reassessments were protested by thousands when 10,500 Augusta County residents signed petitions requesting the Board of Supervisors and Commissioner of the Revenue Jean Shrewsbury roll back what many felt were outrageously inflated real estate assessments. The largest crowd in history, over 1,000 residents, attended a March 2009 Augusta County Board of Supervisors meeting addressing the assessments.

Others have run into issues with the Government Center over lack of minutes or recorded minutes concerning meetings. In the Rocket Boy case, now under appeal in Augusta County, a request for the audio tape minutes from a Board of Zoning Appeals meeting was denied and a hard copy version was found to have numerous inaccuracies and omissions. When the Rocket Boys pressed for the audio tape so direct comparisons could be made, they were denied by the county.

Meanwhile, the News Virginian editorial concluded:

If the board followed similar patterns on openness, the keeping of minutes and notification in other cases, the legality of its actions in all is cast in doubt.

An interrogation of the board, indeed, is warranted. These are serious questions that demand answers and in their absence, a swift redress.

We applaud the News Virginian for asking hard questions on behalf of the citizens. Read more about Mr. Cline's lawsuit against Augusta County.

Landowner files lawsuit against Augusta County charging violation of open meeting laws

~Citizen concerned about sense of secrecy~

Yet another lawsuit has been filed against Augusta County, this time from a private landowner whose property value increased in 2009 and who has accused the county of failing to conduct open meetings and failing to record minutes and votes.

Thomas Cline of Fort Defiance raised many questions, perhaps one of the most startling being the lack of record keeping and what he described as a sense of secrecy coming from the Government Center. From the Waynesboro News Virginia:

He learned that neighbors had prompted the board to review his property, but when he tried to find out who spoke up, and then tried to review prior meetings to learn how homeowners contested increases, Commissioner of the Revenue Jean Shrewsbury told him there were no minutes, Cline said.

“That didn’t seem right,” he said.

Shrewsbury was on vacation and unavailable for comment Monday, officials said.

Cline, put on edge by the secrecy he sensed, arrived early for his hearing and found the meeting room door closed with a note for people to wait outside until they were called.

Once inside, Cline said he asked about meeting minutes, but was rebuked and told to stick to presenting his case. “‘We’re not here to be interrogated,’” Cline said board officials told him. Within minutes, Cline was back in the hallway.

The board had not voted.

“No discussion, no vote in our presence,” he said. “We were not made to feel like we were welcome to stay there.”

Cline later showed officials an Attorney General’s opinion about meeting minutes and law code sections pertaining to the board.

Met with more walls and “attitude,” Cline moved to litigation, he said.

“Cost is not the point,” he said. “I tried to work it out with them before filing.”

Interestingly, thousands protested the 2009 reassessments when 10,500 Augusta County residents signed petitions requesting the Board of Supervisors and Commissioner of the Revenue Jean Shrewsbury to roll back what many felt were outrageously inflated real estate assessments. The largest crowd in history, over 1,000 residents, attended a March 2009 Board of Supervisors meeting addressing the assessments.

Others have run into issues with the Government Center over lack of minutes or recorded minutes concerning meetings. In the Rocket Boy case, now under appeal in Augusta County, a request for the audio tape minutes from a Board of Zoning Appeals meeting was denied and a hard copy version was found to have numerous inaccuracies and omissions. When the Rocket Boys pressed for the audio tape so direct comparisons could be made, they were denied by the county.

Read more about Mr. Cline's lawsuit against Augusta County.

Frost on the red buds ... Riverfest in Waynesboro

Brrr. This morning was 28 degrees with frost ... a fire is crackling in the woodstove to ward off the chill. The central Shenandoah Valley's safe frost date isn't until May 15 so we still have a month to go. Still, it's sometimes easy to forget with all the nice weather we've enjoyed this spring. The grass is green, the tree leaves have really popped the past week, and the mountains are greening for the season with only the highest ridges still waiting for the spring leaf canopy.

Driving through beautiful Virginia ... SWAC Husband, SWAC Daughter, and I drove to Roanoke Saturday afternoon ... the red buds in their hues of pink and purple blooming along the interstate were gorgeous. They had been joined the past week by blooming dogwood and catawba trees, splashes of white and purple along the roads and on mountainsides, a reminder of the beautiful place we call home.

A further reminder of how fortunate we are to live in Virginia was a message Saturday evening from a fellow blogger who lives at Virginia Beach and was heading out to take a sunset stroll on the beach alongside the mighty Atlantic Ocean. It's a reminder of lyrics from a John Denver song, "The moon and the stars are the same ones you see ... it's the same old sun up in the sky...."

Yesterday's SWAC conservative round table breakfast was truly enjoyable as we listened to Pastures Supervisor Tracy Pyles and his insight into the Board of Supervisors and the real estate assessment issue from the past year. Joining us was also attorney Francis Chester who has been sanctioned by the Augusta County government for his efforts to defend citizens. He helped as We the People turned in 10,500 signatures protesting overly inflated assessments at a time of recession ... 1,000 citizens showed up for a Board of Supervisors meeting in March 2009 to protest those assessments ... only 50 speakers from We the People were allowed to address the board at that time. We the People have representation in Supervisor Pyles and Attorney Chester.

Rocket Boys ... it was good to have Chuck Neff of the Augusta County Rocket Boy case at the SWAC breakfast with his wife. He is a scientist who wanted to share his talents and knowledge with those in the community interested in rocketry ... and then was shut down by Augusta County government. Read the entire series ... it's eye-opening. His group is being represented by Attorney Francis Chester.

Congrats to fellow SWAC bloggers on their Blog Net News/Virginia rankings ... Yankee Phil is # 1 this week and Fishersville Mike is # 4.

Riverfest will be next weekend in downtown Waynesboro on the South River with fly fishing, wine tasting, canoeing, crafts, musical entertainment, nature exhibits, plant sales, food vendors, and more. The weather is supposed to warm up all week so come out and enjoy the weather, the mountains, the people, and the hospitality of the central Shenandoah Valley.

Photo by SWAC Girl
Lynn Mitchell
April 2010

Expunged HB 570 votes mysteriously reappear

Monday night I wrote:

HB 570 -- the "burden of proof" bill that removed the burden from taxpayers to assessors to prove a property's value -- the bill that saw Augusta County's Commissioner of Revenue testify against it even though a full-blown assessment battle has been brewing in the county the past year -- was defeated in the Senate Finance Committee. Now the Family Foundation reports the votes that killed the bill have been expunged. What gives?

Now the Family Foundation reports that the vote count is once again visible:

Is it possible for a bill to create more buzz in death than in life? That’s a pretty tall order, especially with an important bill such as HB 570. But we caused quite an uproar yesterday and today with the post about its missing PBI vote.
...
We reported the whole affair here along with the video of the entire committee debate and vote, yet the vote was taken down as if the world wouldn’t find out.

Read the rest of the post here. I was questioning how the vote could be expunged ... now I'm questioning how it mysteriously reappeared....

Votes that killed "burden of proof" HB 570 expunged

HB 570 -- the "burden of proof" bill that removed the burden from taxpayers to assessors to prove a property's value -- the bill that saw Augusta County's Commissioner of Revenue testify against it even though a full-blown assessment battle has been brewing in the county the past year -- was defeated in the Senate Finance Committee. Now the Family Foundation reports the votes that killed the bill have been expunged. What gives?

Transcript: Jean Shrewsbury testified against law to help taxpayers

Jean Shrewsbury, Commissioner of Revenue for Augusta County, VA, testifies against bill to help taxpayers with real estate assessments.
Video courtesy of Family Foundation.

This is the transcript of Jean Shrewsbury's testimony before the Senate Finance Committee on February 29, 2010, against HB 570, the "burden of proof" bill that would have transferred the burden of proof of a property's value from the taxpayer to the assessor. Her testimony begins at 5:23:

"I'm Jean Shrewsbury. I'm Commissioner of Revenue of Augusta County, and I represent the Commissioners Association.

"We oppose this bill. It would administratively change, dramatically, what must take place whenever we are charged with a uniform and equitable assessment to all properties within our localities."

Augusta County citizens spent the past year in battle with Augusta County and Ms. Shrewsbury over what they considered excessively high real estate assessments. Her testimony appears to suggest that government is not listening.

Augusta County: Jean Shrewsbury testifies against law to help taxpayers

Jean Shrewsbury, Commissioner of Revenue, Augusta County,
testifying against a law to help taxpayers.
Photo courtesy of Family Foundation.

After 10,500 taxpayers battled with Augusta County the past year over unfair increases in real estate assessments at a time of financial downturn, it was incredulous to learn that Jean Shrewsbury, Commissioner of Revenue for Augusta County, testified in Richmond against a proposed law that would help lessen the burden on taxpayers.

Thanks to the Family Foundation who provided the following:

... several days ago, HB 570 was before the Senate Finance Committee.

It preceded this infamous bill hearing (you must see this if you haven’t; click here).

This bill, patroned by Delegate Sal Iaquinto (R-84, Virginia Beach) would level the playing field when property owners appeal their often over assessed homes in order to reduce their already overwhelming tax burdens. Besides, if the government has a good case, it will still win. A no-brainer, right? Not!

Currently, and the way it will now remain for at least another year, the homeowner is the equivalent to guilty until proven innocent, and low-income people can’t even afford to hire an appraiser and other expenses required to overcome the burden of proof. (That’s why advocates for low-income families joined us in supporting the bill.)

Tellingly, the bill’s defeat was heavily targeted by a plethora of local governments and associated organizations whose goal is to further government’s prosperity and not that of the family or individual.

One witness favoring the bill exposed their intentions by asking if they would be against this bill would help them overcome an unfair burden against the homeowner.

Be sure to watch the video.

Citizens become frustrated when government does not listen to them as we saw in Washington when 1.2 million marched on 9/12/09 against government-mandated health care.

In Augusta County in March 2009, 1,000 taxpayers turned out for a Board of Supervisors meeting to protest high real estate assessments. A lone pro bono attorney, Francis Chester, defended taxpayers who were upset at what they considered outrageously high real estate assessments ... and he was punished by Augusta County who asked for and received sanctions from Judge Victor Ludwig who called Mr. Chester a modern day Robin Hood.

Even the Rocket Boys had difficulty finding local representation against Augusta County, noting that many lawyers were contacted but a number of them feared retaliation from Augusta County, so Mr. Chester took on their case.

One commenter asked, "Why is it that we see the Augusta County government consistently working against the interest of the citizens of Augusta County?"


Please contact our reps and let them know how you feel:

Jean Shrewsbury, Commissioner of Revenue
(540) 245-5640
Larry Howdyshell (North River)
(540) 350-2591
Gerald Garber (Middle River)
(540) 234-8388
David Beyeler (South River)
(540) 943-3202
Wendell Coleman (Wayne)
(540) 430-1350
Jeremy Shifflett (Beverley Manor)
(540) 294-2289
Nancy Sorrells (Riverheads)
(540) 377-6390
Tracy Pyles (Pastures) - only supv to support taxpayers
Please tell him "thank you" - (540) 337-7010

Sen. Emmett Hanger
(540) 885-6898 / district24@senate.virginia.gov
Del. Steve Landes
(540) 245-5540 / steve@stevelandes.com
Del. Dickie Bell
(540) 448-4763 / DelDBell@house.virginia.gov
Del. Ben Cline
(434) 946-9908 / DelBCline@house.virginia.gov

Augusta County against assessment "burden of proof" bill?

Augusta County had a representative in Richmond last week arguing against the "burden of proof" bill that would make assessors prove land's increased value instead of leaving that burden of proof on citizens.

To have an Augusta County public servant testifying in Richmond is interesting considering over 10,000 Augusta County citizens signed petitions against the county to protest the odious 2009 real estate assessments, and 1,000 citizens turned out for a Board of Supervisors meeting.

Augusta citizens feel their elected representatives are not listening to them. Perhaps this type of action has something to do with that.

Del. Sal Iaquinto's "burden of proof" bill, HB 570, was introduced and passed in the House but ran into a brick wall in the Senate. Tertium Quids' Norm Leahy testified on behalf of the bill this past week:

Del. Sal Iaquinto's tax assessment burden of proof bill, HB 570, was on the agenda and I was there to speak on its behalf. Beforehand, I spoke with the Delegate regarding the bill's prospects before the committee. He said it looked like the lobbyists for Virginia's counties and cities has done a thorough job of tilting the Democrats, at least, against it.

And sure enough, when it came time to speak on the bill, VaCo and the VML announced their opposition, as did a handful of tax collectors from Fairfax, Prince William and Augusta counties.

They all believe the current system -- which puts the burden on taxpayers to show that a property assessment is in error -- is working great.

They also seem fine with the idea that, as Iaquinto pointed out, the substantial proof taxpayers must show in a challenge is slightly below the burden of proof required for criminal cases.

So yes, Virginia, the taxman assumes you're guilty, unless you can prove otherwise.

What I found interesting was that Augusta County was even there after the assessment battle of the past year. But here's the kicker from Norm:

And it was amusing to find so many local government employees lobbying on this bill as opposed to doing their jobs back home. But it seems they found their time was better used arguing against taxpayers. [emphasis added]

The bill was defeated 9-5. Thanks, tax collector from Augusta County, whomever you were.

DJ took note that Augusta County was there.

Cross-posted at Virginia Virtucon

News Virginian: Augusta County supervisors ignored warning

The Waynesboro News Virginian was a champion of the people of Augusta County throughout the 2009 real estate assessment issue when outrageously high assessments were loudly protested by residents by the hundreds and even as warnings were issued by Supervisor Tracy Pyles.

The NV's Wednesday editorial talked about that very issue which is looming after supervisors ignored Mr. Pyles' warnings that began a year ago about the coming financial abyss.

Writing in "Index nips now, chomps later," the editoral sounds off:

A fireplug of a fellow, Tracy Pyles is accustomed to playing the part of a yapping hound on a tight leash. Having ignored his barks about a bureaucratic bedevilment known as the composite index, Augusta County supervisors now are feeling the bite of the thing at their backsides, and so the people’s.

Somewhere in the smoky mist of his mostly lonely and entirely futile campaign against a massive property reassessment earlier this year, Pyles admonished his colleagues on the supervisors board that heightened values now would cost the county state money later. How? State aid for schools is based on the composite index, which is based on property values, the aim of it all being to ensure that poorer districts get a larger state share. Wealth being defined by property, increased values frequently translate to a smaller helping of state money.

This is one of the reasons Pyles contended, and we agreed with him, that the supervisors ought not assume that simply lowering tax rates would solve the problem of a reassessment that drove up values by roughly a fourth at a time when elsewhere appraisals were plunging. In fact, to Pyles’ particular point, leveling tax revenues by lowering the rate – a move we are almost always inclined to support – opens deeper fiscal wounds when values have soared and the economy is stalled: it means not equal money but less.

Already, Augusta is losing $750,000 in state education aid next year under recently released composite index recalculations. Almost three-fourths of the state’s 134 districts – including Waynesboro and Staunton – face similar predicaments.

It goes on to say the financial hit has not even been factored in yet so worse days are yet to come, as predicted nine months ago by Mr. Pyles.

Just as private citizens in America, Virginia, and Augusta County have had to tighten their belts and decrease spending, so should our government officials at all levels decrease spending of our taxpayer money. As Augusta County continues to reel from lost jobs and a sluggish economy, residents should demand supervisors put a moratorium on new projects until the economic outlook brightens.

Hundreds turn out for Shenandoah Co. assessment meeting

"What do you do with all this money that y'all are taking from us?"
--Fred Parker, Shenandoah County resident, addressing Board of Supervisors (10/29/09)

Hundreds of Shenandoah County residents angry at huge increases in their real estate assessments turned out Thursday night for a meeting with supervisors in the high school gymnasium. From the Northern Virginia Daily:

At the largest supervisors meeting in years -- perhaps in history -- several hundred people filled Central High School's gymnasium seeking answers on the increased reassessments and likelihood of a tax increase as a result.

This takes place six months after Augusta County supervisors saw the largest crowd in history -- 1,000 strong -- turn out to protest their high real estate assessments. The paper continued:

With hundreds of people angry about the recent real estate reassessments present, the chairman of the Shenandoah County Board of Supervisors conceded Thursday night that a meeting with the appraisal group to get justification of its findings was needed.

County Administrator Vince Poling offered a presentation to explain the reassessments:

In the presentation, [Poling] noted that the new reassessment does not necessarily mean a person's taxes will go up, which elicited laughter from the crowd and one person yelling, "Tell us another one."

Thursday's meeting was in place of the scheduled Tuesday meeting that was cancelled after residents showed up at the Government Center.

What is occurring in Shenandoah County happened earlier this year in Augusta County as landowners fear that higher taxes and out-of-control spending by electeds will cause them to lose their homes.

We have been involved with the Augusta assessment issue since the beginning in February 2009 when an overflow crowd of 600 people turned out on a snowy February night for a planning meeting of Augusta Citizens Against Unfair Assessments to hear from attorney Francis Chester and Supervisor Tracy Pyles.

Petitions were circulated throughout the county ... 30+ businesses allowed them in their stores including Tractor Supply, that farm equipment store that has a finger on the pulse of the rural community.

Signatures were collected from more than 10,500 residents and taken to Augusta supervisors ... over 1,000 residents turned out for the supervisor meeting in March, the largest crowd ever in the county's history ... over 50 speakers addressed supervisors at the meeting. In March 2009 this blog reported:

There is a groundswell of discontent among those who pay taxes and feel those taxes are increasingly being squandered by the government. Tough times have hit Americans, something that is evident in the SWAC area of Staunton, Waynesboro, and Augusta County after local companies laid off hundreds of employees ... Invista, Mohawk Carpet, American Safety Razor, Gem Ply, Unifi, Hershey ... as home prices dropped 18% the last quarter of 2008, as housing starts dropped to their lowest level since 1959. Baby boomers have seen half their retirement savings disappear as the Stock Market dropped ... others lost their investments. Unemployment in Augusta County has been reported at over 9%.

Nothing has improved since that time ... in fact, the financial and job situation has become worse. Mohawk Carpet announced they will close down in December. Layoffs have been announced for McQuay in Verona as well as Western State in Staunton.

Yet there is a disconnect between the supervisors and the general population.

Instead of dealing with the assessment issue, Augusta County sued Churchville attorney Francis Chester asking for financial sanctions against him for having the audacity to represent pro bono 10,500 county residents in a lawsuit against the county.

Taking a cue from Augusta, Shenandoah County filed a lawsuit earlier this month against a county resident who is currently a supervisor candidate for having the audacity to ask questions of the board.

The electeds are there to serve the community ... they are paid by citizens ... they are not there to intimidate and humiliate those same taxpaying residents who ask questions and want answers and a transparent government. At what point do they realize Americans cannot shoulder much more of the government's debt?

200 turn out for Shenandoah BOS meeting ... BOS postpones meeting

We the People were out in force Tuesday night at the Shenandoah County Board of Supervisors meeting.

The supervisors were set to meet at 7:00 pm. Citizens held a rally last Friday that brought out 100 residents upset about their outrageous real estate assessments and planned to turn out in force to the meeting. Citizens for Honest Government teamed up with rally organizer Phil Hunt to encourage people to attend.

They did!

Our boots-on-the-ground reported that over 200 people turned out for the meeting on a rainy and messy night. Many carried signs and "pink slips" saying "You're fired!"

The first 100 chairs filled quickly. More chairs were carried in; they filled. People stood in every square inch of standing room and the crowd overflowed into the hallway.

At 7:00, BOS chairman Ferguson showed up long enough to say there was a problem because they had exceeded the number of people allowed by the fire marshall, and postponed the meeting until Thursday at 7:00 pm at the Central school campus to have room for all residents. He also announced he would have a "presentation" first to tell about the reassessments. (My boots-on-the-ground said, "He is known for 1 1/2-hour dissertations so he will try to run out the clock so people will have to leave.")

By 7:11 pm, it was over.

All those people traveled out on a cold, rainy night only to be sent home. One would think the supervisors would allow the maximum number of people allowed in the building by the fire marshall and carry on.

What happened in Augusta County is now happening in Shenandoah County. Real estate assessments that are skyrocketing have hit landowners at a time of financial depression.

All residents are now being urged to turn out for the meeting on THURSDAY, OCTOBER 29, at 7:00 pm at Central school campus.

Residents denied the opportunity to speak on Tuesday said they would be back on Thursday with more people so look for the crowd to grow. According to the Northern Virginia Daily:

Barbara McDonald, of Strasburg, said she'll be there Thursday "with bells on." She said she and her brother own identical tracts of land, and his assessment went up $1,700, and hers went up $45,000.

Fort Valley resident Dan Knapp's assessment went up 125 percent, he said, which he can't afford in this economy. He's in the construction business, and hasn't had much work lately.

"We haven't had beef in my house in 10 months," Knapp said. "We eat deer, and we eat vegetables from the garden."

He's coming out Thursday night, "and I will be bringing more people. It's just ridiculous."

DIRECTIONS: Take Woodstock exit and turn east. Go through first traffic light and past CVS Pharmacy. On right will be a driveway that runs beside the ballfield for the Central school campus; follow drive to area of school where meeting is held (look for cars).

Augusta County pursues lawsuit against local tax assessment hero

Stacks of petition copies with 10,500 signatures from Augusta County residents are ready for the Court.

The Augusta County real estate assessment lawsuit against the county is back in the news this week as Churchville attorney Francis Chester appears in court on Thursday (see press release below).

Representing 10,500 county landowners, Mr. Chester is working pro bono as he seeks justice for the taxpayers who saw their real estate increase from 30% to 1,000%. Named in the lawsuit were all seven members of the board of supervisors and Commissioner of the Revenue Jean Shrewsbury.

After a March 2009 public hearing on the matter where over 1,000 citizens showed up, many who were locked out of the government center, the supervisors and commissioner of revenue Jean Shrewsbury refused to throw out the outrageously high assessments.

As a result of Mr. Chester's lawsuit, the county has filed a lawsuit against Mr. Chester stating he filed a frivilous complaint and requested financial sanctions (fines) against him for representing 10,500 county residents, a right guaranteed by the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Is our taxpayer money being used by the county of Augusta and their full-time taxpayer-funded attorney to intimidate citizens who dare to question their policies?

This is very similar to a case in Gloucester where a judge earlier this year fined citizens in a real estate assessment dispute who tried to have supervisors removed.

Has government gotten out of control? Have public servants forgotten that they serve us ... we don't serve them? As a result of actions like this, many Americans feel as if their elected officials are not listening to them and have joined the nationwide tea party movement.

This is a result of the huge outcry of county residents earlier this year over real estate assessments ... after 1,000 residents attended the board of supervisors meeting to show disapproval of outrageous real estate assessments ... and after 10,000+ residents signed petitions asking supervisors to roll back assessments to 2005 values.

Outrage over real estate tax increases is not unique to Augusta County or even Virginia ... it's going on everywhere.

And don't forget the largest tax protest event ever just three weeks ago with the 9/12 March on Washington when upwards of 1 million+ American patriots marched down Pennsylvania Avenue to the U.S. Capitol.

The following press release was sent to media on September 29:

**** PRESS RELEASE *** FOR IMMEDIATE RELEASE

WHAT: Augusta Co. Real Estate Assessment Case
WHERE: Augusta County Courthouse, Downtown Staunton
WHEN: Thurday, Oct. 1, 2009
TIME: 1:30 pm

CONTACT PERSON:
Francis Chester, Esq.
(540) 337-7270 office
(540) 997-5277 home

Churchville attorney Francis Chester filed lawsuit against the Augusta County Board of Supervisors and the Commissioner of the Revenue Jean Shrewsbury to roll back 2009 real estate tax assessments to 2005 levels. As a result, Augusta County filed suit against Francis Chester stating he had filed a frivolous lawsuit and asked the court to assess financial penalties against him.

Although the original 1,200 copies of the tax assessment petitions containing 10,600 signatures were filed with the court, the judge required a separate set of copies of the petitions for each plaintiff in the suit.

Those ten copies -- one for each of the seven supervisors, the commissioner of the revenue, the county attorney, and the court -- and consisting of 86 pounds of paper and numerous reams of copy paper -- will be delivered to the courthouse on Thursday, October 1, 2009, at 1:30 pm.

Mr. Chester has filed a mass appeal for 10,600 appellants and thus has a mass appeal for the mass assessments.

Volunteers worked hours making additional copies as requested by the Augusta County Court in preparation for Thursday's court appearance.

The public is invited to Thursday's hearing which is to be held at the Augusta County Courthouse at the corner of Johnson and Augusta Streets in downtown Staunton.

Augusta Citizens Against Unfair Assessments townhall meeting

Francis Chester addresses Augusta County residents.

Media coverage

Francis Chester talks with press.

"Across America, home values have plunged, but property taxes—the tax homeowners pay based on their homes’ assessed value—have not. More and more homeowners are filing appeals."
--Parade Magazine (May 31, 2009)

Earlier this year, Augusta County residents expressed outrage at excessively high real estate assessments at a time when the real estate market was dropping, housing starts were the lowest they had been in years, the stock market was reeling, and hundreds of jobs had been lost in the Staunton-Waynesboro-Augusta County area.

At a February organizational meeting for Augusta Citizens Against Unfair Assessments, over 600 people turned out to hear from Churchville attorney Francis Chester and Supervisors Tracy Pyles who also felt the assessments were unfair. Mr. Chester collected over 10,000 signatures on petitions asking the county to roll back assessments to 2005 values.

On March 11, 2009, over 1,000 residents turned out to the Board of Supervisors meeting at the Government Center where 50 spoke out against the assessments. The board chose not to throw out the assessments and went for a 10-cent decrease in the rate, taking it from 58 cents to 48 cents per $100. While that helped ease the tax burden on some, many others were still strapped with assessments that were 30-500% increases over 2005. The value of land had skyrocketed so the more rural western area of Augusta was most affected.

As reported in Parade Magazine:

“Nationwide, we have properties that may be overassessed by as much as 60%,” says Pete Sepp of the National Taxpayers Union, a watchdog group in Washington, D.C. Since those figures are based on studies conducted before the housing bubble burst, it’s likely that even more homeowners are paying too much property tax today. “Many localities are still charging taxes based on the housing-boom values of a few years ago,” Sepp explains.

On Tuesday night Francis Chester met with local residents at Memorial Baptist Church in Staunton. The townhall meeting of the Augusta Citizens Against Unfair Assessments was covered by WHSV TV-3 and NBC-29, Mr. Chester emphasized that he is pursuing the court case but from a different perspective.

WHSV TV-3 reported:

Attorney Francis Chester is changing his plans to try and overturn property assessments in Augusta County.

He says he is now going to focus on bringing the court a mass appeal from residents. Since all the appeals have the common theme of people believing the assessments are wrong, Chester says one mass appeal is the direction he wants to take.

He says if the courts had to hear each appeal individually, it would take years to resolve.

"Give the people their day in court. That's what I'm looking for. Every one of these people need their day in court," says Chester. "When we have a government in this county that is so hostile to the people, the court is there to bring justice and that's what we're hoping for."

NBC-29 reported:

The Churchville attorney leading a lawsuit against Augusta County's reassessment is changing the specifics of his fight but not backing down.

Tuesday night, Francis Chester met with about 60 members of the Augusta Citizens Against Unfair Assessments group.

Chester says he's asking the court to set aside the current suit and change the case to a mass appeal against the county's mass appraisal.

Nationwide, property owners are fighting back. Nowhere is that more true than right here in Augusta County.

Photos by SWAC Girl
Lynn Mitchell
June 2, 2009

Real estate assessment lawsuit to be heard Oct. 1

Augusta County property owners will have their day in court.

Judge Victor Ludwig of the Augusta Circuit Court handed down a date of Thursday, October 1, 2009, at 2 pm, to decide whether to hear the lawsuit brought by Churchville attorney Francis Chester against Augusta County. Augusta County has made a motion to have the lawsuit dismissed.

The lawsuit asked that the 2009 real estate assessments be rolled back to 2005 values and included questions about assessments performed by Blue Ridge Mass Appraisal Company, contracted by the county.

In January, Francis Chester responded to citizens upset about huge real estate assessments at a time when the economy turned downward, hundreds of jobs had been lost in the Staunton-Waynesboro-Augusta County area, and real estate prices crashed.

A townhall meeting was held in February with a packed crowd of 600 attending, the beginning of Augusta Citizens Against Unfair Assessments. Petitions were circulated and 10,500 signatures were collected.

In March, 1,000 citizens turned out for a Board of Supervisors meeting to express their concern over assessments.

There is a townhall meeting on June 2, 2009, at 7:00 pm, at Memorial Baptist Church in Staunton. Francis Chester will be there to update residents about the lawsuit and other information.

Together, Augusta ... we can make a difference!

Augusta County resident: "I'm waiting for the election"

Got a phone call this morning from an Augusta County resident who had gone through the real estate assessment battle earlier this year.

He called to say he had received a pink letter from the county informing him the assessments were finished and the rate had been set, and if he had questions to contact them.

His response: "No thanks. I'm waiting for the election."

Augusta County goes after local attorney

The Waynesboro News Virginian has details. More to come in a follow-up post.

Augusta budget hearing April 29

The Augusta Supervisors have proposed a 48-cents-per-$100 rate for the upcoming budget, a reduction of 10 cents after county-wide grassroots protested the 2009 real estate assessments that saw many property values soar 50% and more.

Mark your calendars for Wednesday, March 29 for the budget hearing, and Wednesday, May 6, for the budget vote. Both meetings will be held at the Augusta Government Center in Verona.