Memorandum of Understanding VALUER – GENERAL (V-G), LAND SERVICES GROUP (LSG) and LOCAL GOVERNMENT ASSOCIATION (On behalf of all councils with the exception of the City of Adelaide) xx December 2012 20091001_MOU_V1.0.doc Definition: A MOU is a document of intent that records the fundamental terms under which the customer and service provider agree to work together. This includes: Outlining each parties’ roles and responsibilities with regard to sharing of information and service provision Period of agreement and review procedure Table of Contents 1. The Memorandum of Understanding (MOU) 1 2. Purpose and Objective 1 3. Scope of services and service performance expectations 1 4. Period of the MOU 3 5. Parties and Signatories to the MOU 3 6. Responsible Officers for this MOU 3 7. Valuer-General obligations and responsibilities 3 8. Local Government obligations and responsibilities 4 9. Pricing Arrangements 4 10. Management, Reporting and Monitoring Arrangements 4 11. Issues Monitoring and Resolution Process 5 12. Variations to the MOU 5 13. Schedules 5 a) Services and Service performance expectations b) Form of Valuation Roll c) Pricing Arrangements d) Issues log template e) List of councils and responsible officers f) List of Council specific Variations 1. The Memorandum of Understanding (MOU) This MOU defines the services and service performance expectations for the provision of valuation information and services from the Valuer-General to Local Government (all Councils with the exception of the City of Adelaide). The MOU has been prepared as part of a process to clearly define services and service performance expectations for all services provided from the Valuer-General. It also defines the services and expectations that are required of Local Government to the Valuer-General in order to timely and accurately deliver the service defined in this MOU. Separate agreements with individual Councils will also be developed, as required, to satisfy specific needs within the overall MOU framework including data use agreements to define the conditions that are applicable for on selling of information provided. While this MOU predominantly defines existing services, continuous improvement and ongoing discussion will enhance performance expectations. Existing pricing arrangements have been included however adjustments and potential for credits or debits is not part of this initial MOU and will be a subject for future discussion and clarification. The responsibility of both parties is outlined, together with the relevant services and service performance expectations. The MOU will take effect from the 1 January 2013. SIGNATURES …………………………………. ………………………………………. Delfina Lanzilli Wendy Campana Deputy Valuer-General Chief Executive Officer Land Services Group DTEI Local Government Association Date: Date: 2. Purpose and Objective This MOU has been established to ensure that the services including performance standards provided by the Valuer-General are clearly defined, understood and achieved, and the responsibilities and obligations of both parties, being the Valuer-General and Local Government in delivering these services are also clearly defined and agreed. There will be elements within this document subject to change that will not have a material impact on the intent of the agreement for either party i.e. name changes of staff or councils. 3. Scope of services and service performance expectations -1- The Valuer-General will provide the following services. (Further specific details of activities and performance levels are provided in schedule A). Valuation of Properties Provide general valuation detailing the capital and/or site value as required for all properties in accordance with the Valuation Act 1971. The service includes information provided in accordance with the statutory requirements of the Valuer-General as defined in Section 18 of the Valuation of Land Act 1971 (refer schedule B) and other information supplied by the Valuer-General. The Valuation Roll as referred to under sec 18 of the Valuation of Land Act 1971 will for the life of this MOU contain the Valuer-General’s Land Use Code. Statistical Growth Analysis Provide a database extract on statistical information and segmented analysis of the property valuation database on changes and trends in the total valuation and assessments within the Council area. Commentary about General Valuation Provide a commentary about the valuation changes that have taken place since the preceding General Valuation. This will highlight which market segments have altered and in what way. It is intended to be a high level summary for the benefit of Councillors. To be supplied at the same time as the General Valuation list or as arranged. This commentary will be provide as part of a formal meeting, or report, or both, as requested by Council and arranged with representatives of the Valuer-General. An additional meeting prior to the commencement of the general valuation program can be requested to inform Council as to the intended work in their locality. This information is not part of the Valuer-Generals statutory requirement and is provided as an additional service. Supplementary Valuation: Provide weekly updates on changes in valuation records of property within the Council area as a result of changes in use of land and property, approvals and the grievance process. The information provided forms part of the service required to satisfy the ValuerGeneral’s statutory requirements. Where there is a change to the Valuer-General’s Land Use Code in a manner that does not appear on the supplementary list. Council will be advised of that change by written correspondence Ongoing Valuation Support Provide general advice on property valuation matters on a daily or as required and agreed basis. This service is designed to support the provision of the general valuation of properties to councils. It is recognised that the valuations are used by Local Government for the purpose of levying rates. Will review the Land Use Code applied to an assessment on the valuation roll at the request of Council in writing, where Council has received an objection to their land use classification applied to that property. This review of the Land Use Code does not form any part of Part 4 (objections, reviews and appeals) of the Valuation of Land Act 1971. It is at Councils discretion to change, or not to change, their land use classification of a property following the outcome of the Land Use Code review, as Council has ultimate -2- responsibility for the land use classification that is applied to a property under the Local Government Act 1999. 4. Period of the MOU This MOU with LGA and all councils with the exception of the City of Adelaide will be effective for a period of three years commencing 1 January 2013 to 31 December 2015. 5. Parties and Signatories to the MOU This MOU is between the Valuer-General and the LGA on behalf of all councils with the exception of the City of Adelaide. The signatories are: Delfina Lanzilli Deputy Valuer-General; and Wendy Campana, Chief Executive Officer, LGA 6. Responsible Officers for this MOU The responsible officers and their contact details for the day-to-day administration and operational arrangements of this MOU are available in appendix E – list of councils and responsible officers: CEO, Financial Officers, Rates Managers, Planning and Development Managers. 7. Valuer-General obligations and responsibilities The Valuer-General agrees to: 7.1 ensure that the responsibilities of the Valuer-General as described in the Valuation of Land Act 1971, are satisfied 7.2 encourage day-to-day discussion and liaison between delegates of the ValuerGeneral and officers of the Council at a regional and local level 7.3 provide assessment and the valuation information as required, in an agreed format and in a timely manner 7.4 provide assessment and valuation information on new and cancelled assessments and boundary realignments of Plan or Titles by Land Services in a timely manner according to complexity and location 7.5 provide the valuation roll in accordance with agreed timeframes, but Council recognising that the valuation roll cannot be used until the notice of general valuation of the land within in the Council area has been made has been published in the Gazette in accordance with sec 13 of the Valuation of Land Act 1971. The valuation roll for the life of this MOU will contain the Valuer-General’s Land Use Code. 7.6 provide weekly supplementary lists on changes in valuation 7.7 maintain electronic delivery and distribution of information 7.8 provide a clear definition of present and future performance expectations of service delivery 7.9 ensure that appropriate controls and risk management activities are in place for providing accurate and reliable information 7.10 engage in regular communication with the Council relating to feedback and issues at the local and operational level 7.11 manage the grievance process in accordance with the Act -3- 7.12 7.13 7.14 7.15 7.16 7.17 provide assistance, support and advice to Council on land use classification in accordance with the Local Government Act 1999, and where the Valuer-General proposes to change which land use classification their Land Use Code will decode to, it will be done in consultation with Council through the Local Government Association. provide normal business hour access to the services actively participate in the review process of the MOU assist Council to identify potential change to assessments subject to legislative or policy constraints work co-operatively with the Council in satisfying this MOU provide SVO standard analysis of data for property and valuation changes. (Refer to Schedule A – Statistical Growth Analysis) 8. Local Government obligations and responsibilities Local Government agrees to: 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 assist and support the Valuer-General in satisfying statutory requirements provide timely advice if performance expectations are not being met utilise the data provided in accordance with legislative requirements comply with the Local Government Act 1999 in the provision of valuation information be responsible for resolving all Local Government property classification objection issues in consultation with SVO communicate regularly with the Valuer-General, both formally and informally on service related matters actively contribute to the review of this MOU and its improvement as well as support the Valuer-General in a collaborative to identify and deliver new initiatives to improve business efficiency and customer service advise the Valuer-General on proposed changes to Council rating policies alert the Valuer-General to plan amendments and reports undertaken by the Council work towards cooperative issue monitoring and resolution with the Valuer-General prior to any external communication or escalation work cooperatively with the Valuer-General in satisfying this MOU provide copies of plans for every new dwelling within one month of approval, in electronic format where possible approved building works, where available ensure delivery of information is timely and accurate confirm and provide certificates of completion for approved building works, where available provide a monthly list of building and development approvals to the Valuer-General in electronic format where possible. 9. Pricing Arrangements A summary of existing pricing arrangements is provided in schedule C. The importance of accurate and reliable information however, is recognised, as is the impact of this information on the cost structure of the Council. Future discussion will be necessary to address pricing including the potential for credits and or debits. 10. Management, Reporting and Monitoring Arrangements The following management arrangements are applicable to this MOU. -4- The Valuer-General and LGA Executive Director (or their nominated representatives) will at least annually meet to discuss service level standards and to set performance service delivery expectations for future MOUs. Day to day responsibility for liaison and resolving immediate issues impacting the agreement will be addressed as far as practical through the normal day to day channels. Where issues cannot be resolved they are to be referred to and managed by the responsible officer(s) identified in Section 6. 11. Issues Monitoring and Resolution Process 11.1 Issues should generally be expediently resolved at the workface level; however, if this is not possible they should be referred to the responsible officer(s) nominated in this agreement. 11.2 Issues which remain unresolved after progression through the council responsible officers and Land Services staff should then be escalated to the VG and LGA Executive Director. Briefing documentation is required to be provided. 11.3 The Valuer-General and LGA Executive Director will undertake best endeavours to facilitate timely resolutions to outstanding issues. 12. Variations to the MOU Proposals to vary the MOU must be submitted in writing to either the Valuer-General or LGA Executive Director, and include information outlining the case for variation and considerations of operational and financial impacts. An amendment or variation to the MOU does not take affect until agreed and signed by the Valuer-General and LGA Executive Director or their appointed nominees. 13. Schedules A. B. C. D. E. F. Services and Service performance expectations Form of Valuation Roll Pricing Arrangements Issues log template List of councils and responsible officers List of Council specific Variations -5- SCHEDULE A - SERVICES & SERVICE PERFORMANCE EXPECTATIONS SERVICE VALUATION OF PROPERTIES Provide a General Valuation Roll ( list) in accordance with sec 18 of the Valuation of Land Act 1971 detailing the capital and/or site value as required for all properties within the Council area. The valuation roll will for the life of this MOU contain the ValuerGeneral’s Land Use Code DESCRIPTION OF SERVICE Undertake a market and sales analysis Visit sites to inspect Validate the integrity of the data Create and maintain a data base of valuation information Undertake computer assisted mass appraisals Audit and test valuations and output against performance standards Establish day to day communication links with Councils Utilise information from Council and supplementary valuations to keep data base updated Collate an audit the valuation data into a list. Provide Council with Valuation List Data Ensure all data changes that are not included in supplementary report are advised to Councils i.e.renumbering processes (with date of effect) and boundary realignments not resulting in subdivision. Will provide a Land Use Code for each property based on the requirements of the Valuer-General. Will maintain a list of land use classification for Council purposes for each Land Use Code. Will not change the land use classification associated with a Land Use Code without consultation with Council through Local Government Association Will review Land Use Code at the request of Council if they receive an objection to their land use classification. -6- PERFORMANCE EXPECTATION Valuation listing to be provided in accordance with agreed timeframes, subject to legislative requirements The general valuations have been subject to validation and integrity checking The general valuations have been audited Provision of updated valuation files and data as requested within a negotiated timeframe and normally within 1 week of the request Friendly and professional approach. SERVICE STATISTICAL GROWTH ANALYSIS Provide a data base extract on statistical information and segmented analysis of the property valuation database on changes and trends in the total valuation and assessments within the Council area. ANNUAL VALUATION COMMENTARY Provide a commentary of valuation changes reflective of sub-market movements. SUPPLEMENTARY VALUATIONS Provide weekly updates on changes in valuation assessments within the Council area as a result of changes in land use, approved development, property structure changes and the grievance process DESCRIPTION OF SERVICE Review data base Prepare statistical information on changes in valuation within the council area Analyse trends in property values for the area Collate and prepare the report Distribute report to Council with the valuation listing Communicate with Council to provide advice on the information provided Respond to requests for updates on trends and analysis This report is not a part of the statutory requirement for the VG. Create a document describing in general terms the changes in the market place, which have impacted on the General Valuation. Create and update records of new approved subdivisions, plans and changes associated with land use utilising information provided by Council Reconcile subdivision data created to allotments created/cancelled as indicated on Plan at time of input as quality control measure Create and update records of tenancy valuations, and ensure inclusion in supplementary list Revisit sites to check and examine changes to the land use and form Adjust the valuation as necessary Prepare adjusted valuations for inclusion in the -7- PERFORMANCE EXPECTATION To be provided in conjunction with the valuation listing Provision of updated valuation files and data as requested within a negotiated timeframe and normally within 1 week of the request Friendly and professional approach. To be provided at the time of the General Valuation list and the growth report, or as arranged. The supplementary report distributed weekly Timely updating of records and database within one month of deposit of plans or issue of titles by Land Services (for subdivision and boundary realignment data) Revisit process to be undertaken progressively through the year where practicable (i.e. where construction incomplete at 30 June) Revisits where building and planning approval and other advice from Council has been received prior to 1 March, will be undertaken with any changes in valuation included for rating purposes by 30 June. Priority will be given to major changes SERVICE (i.e. amalgamations, subdivisions, etc) ONGOING VALUATION ADVICE Provide general advice on property valuation matters on a daily or as required and agreed basis DESCRIPTION OF SERVICE next years rating period Manage and undertake reviews associated with objections to valuation. This includes court proceedings Adjust the database as a result of any changes that are made through the objection process. Collate all of the changes and prepare a supplementary document Provide report to council on a weekly basis. Provide advice on value changes as a result of the grievance process contained in Sections 24, 25, 25B and 25C of the Valuation of Land Act 1971. Provide advice of Land Use Code changes that do not appear on the supplementary list Day to day interaction at the local level between council officers and Land Service officers providing support to the Valuer-General This service could include providing advice, data checks, other valuation information and presentations The service will be available during normal working hours and is designed to support the provision of the valuation service provided to councils. It will be based on telephone, e-mail, Internet, fax, written reports interviews, discussions and presentations as required. -8- PERFORMANCE EXPECTATION Where Council provides information after 1 March revisits will be undertaken and any changes in valuation included for rating purposes by 30 June where resourcing and timelines permit The objections process will be handled with due care and in a timely way Friendly and professional service Performance in terms of SVO’s revisit program is highly dependent on the timely provision of relevant data (building approvals, plans, demolitions, development approvals etc) from councils In order to maximise reported growth new relevant property related data is to be provided to SVO on a monthly basis All matters related to the above can be subject to specific negotiated agreement between a council and the VG. Satisfaction rating as measured by random survey throughout the year Prompt and cooperative approach to resolution of issues including where escalation of issue is identified Friendly and professional approach Staff will be available during normal working hours and can provide support out of these hours by prior arrangement and discussion. SCHEDULE B - FORM OF VALUATION ROLL Section 18 of the Valuation of Land Act 1971 states: A valuation roll will be in such from as the Valuer-General determines and must contain the following particulars in respect of land subject to a general valuation(a) the name of the owner; and (b) a description of or reference to the land sufficient to identify it; and (c) the annual value, the capital value and the site value and the unimproved value of the land, so far as those values have been determined by the Valuer-General; and (d) such additional particulars as the valuer-General may determine. -9- SCHEDULE C - PRICING ARRANGEMENTS As regulated under the Valuation of Land Act and updated from time to time. - 10 - SCHEDULE D - ISSUES LOG TEMPLATE ISSUE PRIORITY STATUS RESOLUTION OR ESCALATION - 11 - COMMENTS SCHEDULE E - LIST OF COUNCILS AND RESPONSIBLE OFFICERS FOR THESE SERVICES COUNCIL CHIEF EXECUTIVE OFFICER Peter Peppin Peter Dinning David Morcom Nigel Hand David Beaton Paul Deb Paul Di Iulio FINANCIAL OFFICERS Adelaide Hills Council – 8408 0400 Alexandrina Council – 8555 7000 Barossa Council – 8563 8444 Barunga West, DC – 8635 2107 Berri Barmera Council – 8582 1922 Burnside, City of – 8366 4200 Campbelltown City Council – 8366 9222 Ceduna, DC of – 8625 3407 Trevor Smart Charles Sturt, City of – 8408 1111 Mark Withers Clare & Gilbert Valleys Council – 8842 Roy Blight 6400 Cleve, DC of – 8628 2004 Phil Cameron Coober Pedy, DC of – 8672 5298 Trevor McLeod Coorong DC – 8572 3611 Michael Poyd Copper Coast, DC of – 8821 1600 Peter Harder Elliston, DC of – 8687 9177 Mary Deakin Flinders Ranges Council – 8648 6031 Colin Davies Franklin Harbour, DC of – 8629 2231 Terry Barnes Gawler, Town of – 8522 9211 Stephen Kerrigan Goyder Regional Council – 8892 0100 John Brak Grant, DC of – 8721 0444 Russell Peate Holdfast Bay City Council – 8229 Justin Lynch 9999 Kangaroo Island Council – 8553 4500 Andrew Boardman - 12 - RATES MANAGERS PLANNING & DEVELOPMENT MANAGERS COUNCIL CHIEF EXECUTIVE OFFICER Peter Smithson FINANCIAL OFFICERS Karoonda East Murray, DC of – 8578 1004 Kimba, DC of – 8627 2026 Daryl Cearns Kingston DC – 8767 2033 Martin McCarthy Light Regional Council – 8525 3200 Brian Carr Lower Eyre Peninsula, DC of – 8676 Rod Pearson 2106 Loxton Waikerie, DC of – 8584 8000 Peter Ackland Mallala, DC of – 8527 0200 Charles Mansueto Marion, City of – 8375 6600 Mark Searle Mid Murray Council – 8569 0100 Robin Bourne Mitcham, City of – 8372 8888 Matthew Pears Mount Barker, DC of – 8391 7200 Andrew Stuart Mount Gambier, City of – 8721 2555 Mark McShane Mount Remarkable, DC of – 8666 Sean Cheriton 2014 Murray Bridge, Rural City of – 8539 Peter Bond 1100 Naracoorte Lucindale Council – 8762 Dr Helen Macdonald 2133 Northern Areas Council – 8664 1139 Roger Crowley Norwood, Payneham & St Peters – Mario Brione 8366 4555 Onkaparinga, City of – 8384 0666 Mark Dowd Orroroo/Carrieton, DC of – 8658 1260 Iian Wilson Peterborough, Dc of – 8651 3566 Peter McGuinness Playford, City of – 8256 0333 Tim Jackson Port Adelaide Enfield, City of – 8405 Harry Wierda 6600 - 13 - RATES MANAGERS PLANNING & DEVELOPMENT MANAGERS COUNCIL CHIEF EXECUTIVE OFFICER Greg Perkins Geoff Dodd Dr Andrew Johnson FINANCIAL OFFICERS Port August City Council – 8641 9100 Port Lincoln, City of – 8621 2300 Port Pirie Regional Council – 8633 9777 Prospect, City of – 8269 5355 Mark Goldstone Renmark Paringa Council – 8580 Tony Siviour 3000 Robe, DC of – 8768 2003 Bill Hender Roxby Downs, MC of - 8671 0010 Bill Boehm Salisbury, City of – 8406 8222 John Harry Southern Mallee DC – 8577 8002 Rod Ralph Streaky Bay, DC of – 8626 1001 Lachlan Miller Tatiara DC – 8752 1044 Rob Harkness Tea Tree Gully, City of – 8397 7444 Di Rogowski Tumby Bay, DC of – 8688 2101 Tony Irvine Unley, City of – 8372 5111 RaPeter Tsokas Victor Harbor, City of – 8551 0500 Graeme Maxwell Wakefield Regional Council – 8862 Geoff Sheridan 0800 Walkerville, Town of – 8342 7100 Kiki Magro Wattle Range Council – 8733 0900 Frank Brennan West Torrens, City of – 8416 6333 Terry Buss Whyalla, City of – 8640 3444 Ian Burfitt Wudinna District Council – 8680 2002 Alan McGuire Yankalilla, DC of – 8558 0200 Roger Sweetman Yorke Peninsula, DC of – 8832 0000 Andrew Cameron - 14 - RATES MANAGERS PLANNING & DEVELOPMENT MANAGERS SCHEDULE F – LIST OF COUNCIL SPECIFIC VARIATIONS TEMPLATE VARIATION COUNCIL PRIORITY STATUS - 15 - RESOLUTION OR ESCALATION COMMENTS