TOWN OF PITTSFORD
BOARD OF ABATEMENT
October 23, 2014
BCA Members Present: Charles “Butch” Shaw, Jane Cornell, Thomas “Hank” Pelkey, Ed Keith, Matt Candon, Bill Drummond, Patty Carter, Terry Poor, David Trombley, Bonnie Stewart, Helen McKinlay and Brian Nolan.
Absent: Thomas Hooker, Peter Decker, Margaret “Peg” Flory, Joseph Gagnon, Ernie Clerihew.
Others Present: Kelly Giard – Recording Secretary.
1.) The meeting was called to order at 6:23 PM by Charles “Butch” Shaw, Chairman.
2.) Motion by T. Pelkey and seconded by B. Drummond to accept the agenda with the addition of a) the addition of a possible abatement on Parcel 1003; and b) the possibility of a Deliberative Session, if deemed necessary. Motion passed unanimously 12 – 0.
3.) Public Comment: None presented at this time.
4.) Review Parcel 0960 – Emma Nauman Estate for Abatement: H. McKinlay explained that the taxes for this parcel have been billed to the Estate as Ms. Nauman passed in 1967. The Admin. Deed was reviewed and shown to be to Carlos E. Mills and the transfer was not processed. Following the last assessment, the family has decided that they do not want the property as it was in the flood zone. The property tax was billed and Ms. Nauman’s son has been paying the property taxes. The current assessment for the property is lowered to $200 value.
M. Candon inquired if the Will has been probated. H. McKinlay stated that the Nauman Will has been probated and closed.
There was much discussion regarding the legalities of a tax sale, which can not occur this year as the taxes have been billed to the wrong persons.
Motion by M. Candon and seconded by T. Pelkey to abate the taxes and refer to the Delinquent Tax Collector to include in the tax sale after 1 year. The amount to be abated is $1,211.28. Motion passed unanimously 12 – 0.
5.) Review Parcel 1003 – Albert Maxham property to abate taxes following a fire.
H. McKinlay explained that the Listers’ received a request for abatement for Parcel 1003 following a fire. The Listers’ have inspected the property. The taxes have been paid in full and the request from the Listers’ to abate in the amount of $1,077, which the Town would apply to the next billing cycle and not issue a refund check.
M. Candon expressed concerns over timing in contacted the Listers’.
H. McKinlay indicated that this request will also be forwarded to the Select Board for consideration as an Error and Omission.
M. Candon believes that this should be reviewed by the Select Board prior to being addressed at the Board of Abatement level.
M. Candon made a motion to act in the proper procedure by forwarding the request to the Select Board then to take action as the Board of Abatement. T. Pelkey indicated that the Select Board would require more information prior to review. C. Shaw expressed that the owner is responsible to contact the Listers’ to review any variances for occupancy, such as fire or wind/storm damages. Motion passed unanimously 12 – 0.
T. Pelkey explained that the Select Board traditionally sees these requests within the same calendar year, however, this situation is over a year old.
6.) Other Business that may come before the Board: C. Shaw explained that the Select Board abated cases in which an extension was requested and granted by the State for Homestead Declaration, however, specified in their motion that this request covered this current year only. C. Shaw explained that there is 1 request for the prior year that will be referred to the Select Board for review and consideration.
7.) Motion by T. Pelkey and seconded by D. Trombley to adjourn at 6:49 PM. Motion passed unanimously 12 – 0.
Charles “Butch” Shaw