Join The “CTA” and get on board!

Recent News    9/25/09

Below is the info. we used to write our letter to the Editor of the T.I. Sun by Dave Knapp this week in response to the Town Board statement last week! 

This should clear a few things up!     They sure are fighting  hard to miss direct public opinion on the Law suit.  If you disagree with what you read in the media, please speak out with your thoughts.  Its important now to wage a good fight and stand up for our rights!

The following was quoted from a letter to Will Salisbury in response to the erroneous Quotes in the T.I.Sun by a representive of NYS in league with our Assessor!

 

      ”  I believe your response should focus on your collective perceptions of the inequities in the Town of Clayton. Perhaps you should also comment on the Town’s unresponsiveness to the concerns of the owners who comprise the Clayton Taxpayers Association.

 

        In passing you may comment on the ORPS characterization that none of the law suits has been successful.

 

        In fact, there is significant litigation that remains pending.  Without getting into the specifics, the status of the cases can be summarized as follows:

 

 

 

 

 

TOWN OF HARRIETSTOWN

                                       

The law suits commenced by 32 property owners have been settled, with the owners receiving significant refunds as a result of reductions to their assessments.

 

        The Town has appointed a new assessor, and there have been fundamental changes in the Town’s assessment administration. The annual revaluation policy was rescinded, and a new data collection program is underway.

 

       

TOWN OF QUEENSBURY

 

        Following a 2005 revaluation, 73 property owners sued the Town claiming that the process was flawed and that the assessment roll was unfair.

 

        60 owners have now received significant reductions in their assessments, and the Town has cancelled its intended annual revaluation policy.  A new assessor has been appointed.

 

        This case continues for 13 of the original litigants.

 

 

TOWN OF BLEECKER

 

        Following a 2005 revaluation, 43 petitioners sued the town claiming that the revaluation was improper and that the assessment roll is inequitable.  The case will be tried in the near future.

       

 

 

TOWN OF SCHROON

 

        Following a 2006 revaluation, 125 petitioners sued the town claiming that the assessment roll was inequitable and unfairly influenced by political considerations. The case has yet to be tried.

 

 

        Clearly there is a widespread belief that the real property tax system is being poorly administered in many towns.  The property tax is increasing at an alarming rate, and for many homeowners the annual tax bill has become impossible.  Although correction of this situation will require change in the fiscal structure of the State, while this is happening, the system must at least be administered fairly and accurately.  That is the goal of the CTA.”

        Robert Beebe   (9/19/09)

       

    The Article 7’s have been filed as of 7/29/09 and we should hear more soon. Good job getting all your ducks in a row!  

    Please post any Ideas or thoughts just click on comments  and be sure to call if you have any questions.   315-408-1836

 We continue to take participants until the Lawyer says that’s it!                              I think the cut off will be in late Sept., 2009.    This makes  you eligable to be in our Association,  CTA.    If you wish your particulars to be represented or have a case that is important to our case , you should get “on board” soon.    5/13/09    

           Use this site for  a reference source by clicking LINKS to the Left !

   Well, here we are at the last level of response to our 100% Assessments of 2008 and thus your taxes this year; The Article 78 Lawsuit against the Town of Clayton, the Assessor, the  LaFargevlile and T.I. Central School Boards to be filed this year.   It seems apparent that nothing but a Judge’s decision will get our local government to follow the rule of law as determined by New York State, ORPS. 

  David, Jim and I have met with Robert Bebee, who for 18 years was the  Counsel General for the Office of Real Property Services of NYS, ORPS.  Mr.. Bebee is the most experienced lawyer in this field of law.  With the Article 78 Law suits, Mr. Bebee is representing five groups in New York State with similar, if not the same grievances as ours!

         The outcome of which could have tremendous impact on the assessment process.  I should say up front that there is no guarantee of results! 

  This is a costly process.  Cost is estimated to be $70,000 .  We are trying to sign up enough people so that the cost will be shared by many and lessen the burden.

  We  have approximately 35 + commited property owners.  Some of you are included in this number.  This would mean a commitment of $1,000. each to start and if we, as a group, decide to go the whole way, it could mean another  payment in July. If more than this join us the cost of the second payment goes down.  

  The outcome of Article-78 in other Townships have resulted in the removal of the Assessor, the Court ordered hiring of a real Assessment Firm by the Town and  a complete un-biased reassessment of the Township! 

   We wish to go the whole route and really make some changes that may effect all taxpayers.  To us this would be the best outcome. 

    Robert Bebee, whose practice is in the Albany region is representing us and has met with us on 10/8/08   http://www.beebelaw.com/Bio/RobertBeebe.asp

If you are interested, now that you have gotten your 2nd Tax Bill and seen your % of increase in Tax,  Please contact us  and we will make arrangements for your particapation!

I will not be posting any more details of these issues or particulars on www.claytontaxpayers.com , every thing between us will be handled in E-Mails or by phone.                                                                          Thanks , Will Salisbury, David Knapp & Jim Ludwig

                 315-408-1836, 315-523-0312, 315-686-5126

 The next letter was sent out late February 2009

 Hi, I hope I may be able to speak with all of you , so if you wish more INFO. please send me your Phone number or call at your convience.

   We are on a roll and with your help things can only improve!  Below is a letter we sent out recently……. You should recieve paper work from Robert Beebe soon, the E-address will be from Cyntha Suarez an assistant so look for that E-Mail.    Thanks, Will   4/15/09

To All Island Taxpayers,

Last year we started forming a group that is pursuing litigation against the Town of Clayton, the Assessor and  both school districts that cover the Town of Clayton.  We have hired Robert Beebe, from the Albany area, as our Lawyer.  Mr. Beebe is currently representing other groups with the same intentions and concerns as ours.  His web site is under the links tab on our website.  

Mr. Beebe is the top lawyer in this field in New York State, and came highly recommended by these other groups.  Mr. Beebe was the Consul General for NYS Office of Real Property Services for 18 years (ORPS).   He knows when a township has crossed the line and can prove this with the letter of law and facts, presenting to the judge the illegal grounds upon which the assessor carried out our assessment.  No ones taxes should increase 40-80-100% in one year, thus allowing for inland taxes to go down an average of 15- 20%. 

Please check you tax records for years 2007, 2008, and now for the start 2009.  Calculate your percentage of actual tax dollar increase.    Islanders are being taken for a ride and we mean to put an end to this policy. 

Our goal is 75 participants but 50 would be great.  The more people involved the less cost for everyone.

The intention of the lawsuit is to:   This section we removed as this info. should be kept amoung us until the Lawsuit is filed.

 All these requests are standard results sought in this and other cases.  These requests are also all or in part a result of the legal decision as to the illegal manner in which the 100% re-evaluation was done in 2008. 

Our web site is : www.claytontaxpayers.com.  We have not put any recent actions on the site or any list of properties or participants involved.  If you wish more information on who is involved, are interested in, or have questions, please call or E-Mail me.   We consider this action like “money under the mattress”, and are confident of a positive outcome.

 Please pass this along to anyone who might be interested and wishes to save on future Tax Bills, ( Get back over paid tax dollars.)

Respectfully yours,

  Will Salisbury

315-408-1836

The Clayton Taxpayers Group is seeking Participants in an Article 78 Lawsuit against the Town of Clayton and their Assessor.

The illegal actions of the Assessor will be the main contentions of this Lawsuit. Such actions have resulted in Waterfront and Island properties being assessed at unrealistic values.  We are going to change and correct our assessments by use of the very laws that our assessor has failed to uphold, as mandated by New York State.

We will be represented by the best and most experienced legal mind in the State of New York, the former General Counsel of the

Office of Real Property Services

All Clayton Taxpayers are welcome to join this legal action!

Anyone interested may become more informed online at:

www.claytontaxpayers.com

Or please call 315-408-1836

Deadline is June 26, 2009

  Their legal action is described in this Blog under Article 78.   We are meeting Robert Bebee with others for dinner on Thur. night and look forward to express our plight and suggested soultions for our State. We hope to learn alot and we will try our best to report on this meeting soon afterward.   78 no debate…78 no debate…….78 no debate….Thanks, Will

Clayton Taxpayers Group Meeting minutes - 7-12-08

The meeting began at 6:05p.

Where do we go next??

-The general consensus is that everyone is unhappy with their assessments. Some people

were able to get theirs lowered through grievance and some were unsuccessful.

Three options were discussed on what could happen next:

Option #1: Small Claims Court

-There is a small filing fee and you must have grieved your assessment.

-You must also file in the month of July.

-This is another opportunity to try and make your case to have your

assessment lowered. You will present in front of an arbitrator. The

arbitrator is not suppose to be affiliated with the Town of Clayton in any

way.

-Forms to file are accessible on the website and must be filed in Watertown.

-Residents should request their Cost Evaluation Report form the assessor.

This is the data on your property in which your assessment is based. It does

cost 75 cents per page. Apparently you need to make your request through

the Town Clerk and she will in turn get it from the Assessor.

After receiving this you can compare the costs for your property with the

Assessor’s handbook. (This is accessible on the website).

You must also submit a $ value that you think you property is worth.

-Once you have filed in small claims and presented your case, you cannot

appeal if you are unhappy. Also it is unclear whether you can be a

participant in Article 78.

-The Assessor may also decide or raise your

assessment next year back to were it is now. Whatever the decision is it is

only valid for one year.

Option #2: Article 7:

-There is a larger filing fee for this: $420.00

-You must also file in the month of July.

-You must get an appraisal that meets the reassessment challenges, not just

a regular appraiser. This can cost you up to $2000. The Town of Clayton

must also hire an appraiser at this cost. Both appraisals are submitted to the

Judge and a decision is made.

-With Article 7, you may be able to appeal the decision made, however,

this decision is also good for only one year.

-If a group of residents wished to file under Article 7, an appraiser and

lawyer may be found for all filing and a discount may be able to be given.

Option #3: Article 78: Class Action Lawsuit.

-The cost of this is $40,000 to $50,000, and is on behalf of a group of

residents.

-This must be filed by the end of September.

-The more people in the lawsuit the less it will cost everyone.

-The lawsuit will challenge the assessment process and the work the

Assessor stated she did with each assessment. Per Steve Wallach’s Letter to

the TI Sun Editor, (7-9-08), The Town of Clayton assessment was done in

direct violation of the NY State Office of Real Property standards. The

assessor failed to follow State standards in conducting the reassessment:

without obtaining adequate information or performing the required interior

inspections and also incorrectly projecting future taxes in her 2008

Assessment Notification.

-Many residents did not grieve their assessments, because they were led to

believe that their taxes would not go up, by the assessor. These residents

cannot file in Small Claims Court or file under Article 7, HOWEVER, they

may join in on Article 78.

-Such a Class Action Suit was filed In the Adirondacks and was recently

settled. The individuals who were part of the suit, had their taxes rolled

back to 2007 and have a fixed rate for 5 years.

-If the suit takes a while to settle and is won, all excessive taxes paid during

the course of the suite, will have to be refunded.

Steve Wallach has spoken to Bob Beebe, the lawyer representing others

who have filed Article 78s, and the issues we have in Clayton are the same

as those he is representing.

-In order to proceed with this option, more volunteers are going to be

needed to help recruit residents that may be willing to file the Article 78.

The more residents we have filing, the less cost to everyone.

-Steve Wallach and Michael Fairbanks will meet and work on a letter for

volunteers to refer to when approaching, friends, neighbors, family, etc.,

who are unhappy with their assessments and may want to join in filing.

This will be e-mailed to everyone within the next week.

The general consensus was that when people get their tax bills the first

part of September, there will be a bigger interest in joining the suit.

However,

we do not want to wait till then to begin the process. Remember the more

people the less money per person and most of all, the bigger the voice!

Also discussed at the meeting was the following:

-Please continue writing letters to the editor.

-Will Salisbury has been speaking with others throughout the state in

relation to the problems with assessments. As many of you know, the

Town of Clayton is not the only ones with assessment issues. There will

be a conference on 8-23-08 in Saranac Lake, about assessments, the

problems and issues and what we as taxpayers can do about it. It wouldn’t

be a bad idea to have Clayton represented at this conference.

The group decided to let Will be are contact person with others through

out the state, since he has had the most connection with them thus far.

-Part of the group’s goal is to educate the community/residents about

assessments and how they affect what you pay in taxes and the grievance

process.

A committee was formed to develop a pamphlet to assist residents in

filing grievances next year and in the future. This pamphlet will be user

friendly and hopefully not as hard to understand than the website.

-In order to assist with costs of advertising about future meetings and

Article 78; The Class Action Suit, donations were taken from those at the

Meeting: $160 was collected and will be used towards these expenses.

The Next Meeting Will Be Saturday, 7-26-08, at 6pm. This will be held once again at the Knights of Columbus. Please tell you neighbors friends, etc..

Floating Real Estate