Board of Civil Authority – DRAFT

The meeting was called to order by C. Shaw at 6:30 p.m.

 

Attendance:
BCA Members Present: Charles “Butch” Shaw, Matt Candon, Alicia Malay, Susan Markowski, Walter “Terry” Poor, Hank Pelkey, Patricia Carter, Ernest Clerihew, and Helen McKinlay
Lister’s Present:  John Eugair, Dan Adams and Donna Wilson
Appellants Present:  Peter Hadeka, Matthew Halliday, Christine Halliday and Tom Grace
Others Present:  Liz Willis

 

There are three hearings scheduled for this evening.

The Board of Civil Authority accepted the agenda as presented with renumbering of the items listed.  The agenda was accepted unanimously with this correction.

Butch reviewed the Grievance Hearing process which allows ten minutes for the appellant to present evidence on their behalf and ten minutes for the Lister’s to present evidence of their findings.

BCA members were reminded of the Primary Election on Tuesday, August 14, 2018.  Polls are open from 7:00 a.m. until 7:00 p.m.  BCA members will be needed to deliver ballots to those who are ill and for after the polls close to count ballots.

The BCA meeting was recessed at 6:40 until 6:55 p.m.

The BCA reopened the meeting at 6:55 p.m. with H. McKinlay giving the oath to all BCA members present prior to hearing BCA tax appeals. 32 V.S.A. § 4405.  At 7:00 p.m. the first hearing began:

 

1. Peter W. Hadeka, Derek Saari Rev. Trust and William Greene, Parcel 0096, located at 1700 Old Hubbardton Road

C. Shaw asked if any member of the BCA had a conflict of interest or had any ex parte communication with regard to the Hadeka, Saari Rev. Trust and Greene property.  No conflicts or ex parte were noted on this property.

J. Eugair, Lister and P. Hadeka, Appellant were sworn in by H. McKinlay.  12 V.S.A. § 5810.

C. Shaw indicated that the Board of Civil Authority received a letter from Mr. Hadeka.  C. Shaw explained the hearing process to Mr. Hadeka.

The property was described as a 26.10-acre lot located at 1700 Old Hubbardton Road.

Mr. Hadeka described the property as 26 acres located on the steep backside of a hill, with some wet areas and no town road.  In 1976 the property was a deer camp.  Now the deer camp is no longer there, only a sink and stove remain outside on the ground.  The property was bought by Peter Hadeka, Derek Saari and Bill Greene as it was adjacent to their properties and to provide protection.

Mr. Hadeka stated this property 1976 was assessed at $800.00.  In 2016 the property was assessed at $900.00.  2017 the property assessment went up to 42,000.00 with no improvements or changes to the property.  The sale price of this property was $42,000.00.  Each person paid $14,000.00 to purchase the property from Carl Ruby.

Mr. Hadeka submitted evidence A-1 showing a list of twelve properties in town of about the same approximate size.  The Pere acre range of these twelve properties were from $161.00 per acre to $420.00 per acre.  The price per acre of Parcel 1196 is $1609.00 per acre.  Evidence A-2 showing additional Pittsford properties with assessments and price per acre.  The prices range from $161.00 per acre to 642.00 per acre.  Parcel 1196 price per acre is $1,609.00.

The third piece of evidence submitted by Mr. Hadeka, A-3 was printed from the Town of Pittsford website page for the Lister’s.  Mr. Hadeka read and the document was highlighted in green marker the following sentence.  “Your property is assessed in relation to all other properties in Town and in your neighborhood to maintain equity and fairness.”

Matt Candon asked Mr. Hadeka how much he felt the property was worth in total.  Mr. Hadeka replied he felt the property was worth between $12,000 and $14,000.   M. Candon then asked if Mr. Hadeka would sell the property for that price.  Mr. Hadeka said he couldn’t say as he is not the sole owner.

John Eugair, Lister describe the property assessment using the Florence area base assessment for the first two acres of $2,700.  Back land was assessed at $1500 an acre, with the more acres the less per acre.  Mr. Eugair lodged evidence L-1 with the BCA.  The following items are contained in this packet: Listers Grievance Worksheets, Letter of Grievance from Appellant to Listers, Letter of Grievance form Appellant to BCA, Listers Card – Subject Property, Appellant Submission, Lister’s Determination, Listers Comparables, and Listers review of Appellant submission.

The Lister’s do not consider this property to be land locked.  There is access through Old Hubbardton Road, which was thrown up and is a Class 4 road or trail.  The property is also accessible through Hubbardton Town via the Bidde Knob road.  Due to the difficult access the property has an applied access discount.

Mr. Hadeka asked about Derek Saari’s property across the street as a comparable.  The Lister’s responded this can not be used as it is developed property.  The Base amount is different for undeveloped property and does not ownership is not completely the same.

Mr. Hadeka stated Bidde Knob Road is not passible year-round.  The road does not access the property but ends two houses below the property.  The property in question does not abut any town road.

 

2. Matthew and Christine Halliday, Parcel 1280, located at 2067 Corn Hill Road

C. Shaw asked if any member of the BCA had a conflict of interest or had any ex parte communication with regard to the Halliday property.  No conflicts or ex parte were noted on this property.

D. Adams, Lister, and Appellants, Matthew and Christine Halliday were sworn in by H. McKinlay.  12 V.S.A. § 5810.

The hearing began at 7:25 p.m.   C. Shaw indicated that the Board of Civil Authority received a letter from Mr. & Mrs. Halliday.  C. Shaw explained the hearing process to Mr. & Mrs. Halliday.

The property was described as a house and 5.9 acres located at 2067 Corn Hill Road.  The property has an additional 4.3 acres in Rutland Town.

Mr. Halliday stated in 2004 the property was accessed at $192,600.  In 2006 a deck was added to the house and the driveway was paved changing the assessment to $302,500.  In 2009 a barn was added to the property and the assessment wen down to $294,800.  When the housing market was going down from 2009 through 2011 the property assessment went to $344, 700.  In 2016 while trying to refinance the property accessed at 345,200 the bank appraisal came in at $295,000.

Mr. Halliday presented evidence A-1 showing tax maps and Lister’s cards for comparable properties.  The properties shown are for T & T Tractor of Pittsford; and Henry and Jennifer Fish of Rutland.  Evidence A-2 was submitted showing a Lister’s card tax bill for Scott Brileya.  All of the properties shown in A-1 and A-2 are located in two towns.  Evidence A-3 was a copy of the appraisal completed by Hometown Appraisals of Hubbardton, VT regarding the Halliday property showed a value of $295,000.

D. Adams entered evidence L-1 and L-2 with the BCA.  D. Adams stated the property consists of a house, garage, detached barn on 5.7 acres.  In 2016 the Lister’s made changes to the property appraisal.  A walk out basement was added, the number of bedrooms was reduced, the garage was changed to a barn lot, the land line was changed from pleasant to average.  These changes reduced the assessment by $21,900, which has the Town Assessment at $321, 900 versus the bank appraisal at $295,000.

D. Adams felt the market analysis and comparable sales used by the Halliday’s were poor.  The appraisal also had not listed the barn on the property.

The Lister’s had used four strong comparables that were easily reconciled using current sales.

The hearing recessed at 7:40 p.m. until August 9, 2018 at 6:00 p.m. to hear the Inspection report for the inspection team of Patty Carter, Sue Markowski and Hank Pelkey.

 

3. Tom & Carol Grace, Parcel 0697, located at 2990 U.S. Route 7

C. Shaw asked if any member of the BCA had a conflict of interest or had any ex parte communication with regard to the Grace property.  No conflicts or ex parte were noted on this property.

J. Eugair and D. Wilson, Lister’s, and Tom Grace, Appellant were sworn in by H. McKinlay.  12 V.S.A. § 5810.

The hearing began at 7:45 p.m.   C. Shaw indicated that the Board of Civil Authority received a letter from Mr. & Mrs. Grace.  C. Shaw explained the hearing process to the Mr. Grace.

The property was described as a house and .29 acres located at 2990 U. S. Route7.

Mr. Grace described the property as having a faulty foundation, no furnace and therefore no heat, in need of plumbing and needs a lot of work.  The Grace’s paid $35,000 for the property as is.  There were no special deals or arm length deal.  The insurance company, S&H Underwriters has notified the Grace’s it will no longer cover the property as is and has issued a cancellation notice the insurance will cease on August 30, 2018.  The cancellation notice was dated July 11,2018.

J. Eugair and D. Wilson described the property as a home with an attached shed.  The Lister’s during the last inspection of the property, changed the depreciated and listed the house with abnormal deficiencies.  These changes changed the assessment from $53,500 to $50,200 with the land valued at 40,400 and house value of $8,600.

The Lister’s explained the typical improved Village lot of 2 acres is accessed at $65,000.  This would be considered an improved lot with driveway and town water and sewer.  The property had bees for sale.  The Lister’s had never seen the property advertised.  Tom Grace said the property was advertised for sale by owner with a sign hanging on the front post.  T. Grace stated the house structure on the lot is unlivable and asked if this would make the lot value go down.  The Lister’s responded the lot with driveway and town water and sewer can be improved.

The hearing recessed at 8:00 p.m. until August 9, 2018 at 6:00 p.m. to hear the Inspection report for the inspection team of Matt Candon, Alicia Malay and Butch Shaw.

The BCA remained to hand out documentation and inspection report forms.  The meeting recessed until August 9, 2018 at 6:00 p.m. to hear Inspection Reports and go into Deliberative Session.

 

Respectfully submitted:

 

________________________________

Helen E. McKinlay, Recording Clerk

 

 

 

________________________________

Charles “Butch” Shaw, BCA Chairman