HomeMy WebLinkAboutMinutes - Board of Civil Authority - 07/23/2014BOARD OF CIVIL AUTHORITY 23 JULY 2014
The South Burlington Board of Civil Authority held a meeting on Wednesday 23 July 2014, at
7:45 p.m. in the Conference Room, City Hall, 575 Dorset Street.
Members Present: P. Taylor, Chair; D. Kinville, H. Riehle, P. Nowak, B. Nowak, P. Benner, M.
Sirotkin, M. Mahoney, M. Emery, A. Clift, P. Picard, C. Shaw, Rep. A. Pugh
Also Present: No one else was present.
1. Agenda Review:
No changes were made to the Agenda.
2. Comments & Questions from the public, not related to Agenda items:
No public was present.
3. Approve Minutes of 20 February 2014:
Mr. Shaw moved to approve the Minutes of 20 February 2014 as written. Ms. Nowak seconded.
Motion passed unanimously.
4. Organizational meeting for hearing of appeals:
Mr. Taylor directed attention to a letter from Attorney Ellis regarding the appeal of the City of
Burlington re: Burlington International Airport. He noted that the city still has not received a list of
properties. Ms. Kinville said she sent Mr. Ellis a list and asked him if it was correct. He said he didn’t
think so. She has heard no more from him.
Mr. Taylor noted the Board went through these appeals over the last year or two, and they will have
to determine whether to go through the inspections again. Mr. Knapp of the tax department felt it
was appropriate to do the inspections. Mr. Taylor said he was concerned that if the Board doesn’t
do the inspections, and they are required by statute, the city can lost automatically.
Mr. Taylor said he would like to continue the hearing to a date in late August/early September and
plan to do inspections in October.
Mr. Taylor asked the Board if they would like to have an independent counsel for the Board
Mr. Sirotkin suggested getting more information from Bob Fletcher. Rep. Pugh said if Mr. Fletcher is
reluctant to provide information, then the Board can think about an independent counsel.
Ms. Nowak proposed that if they do inspections, they “enter, step in and step out.” She noted that
many of the properties are in dangerous condition. Ms. Kinville noted that some of the properties
have been combined into “blocks,” and may be easier to inspect.
Mr. Sirotkin suggested that if both parties agreed the inspections weren’t needed, he didn’t think the
Court would impose the law and grant the appeal. He felt the Board should get a legal opinion on
this. Ms. Kinville said state law says you shall inspect the properties.
Mr. Taylor said he would approach the City Manager and see which attorney to start with. He hoped
both Burlington and South Burlington would have representatives present at the next BCA meeting.
BOARD OF CIVIL AUTHORITY
23 JULY 2014
PAGE 2
Mr. Mahoney then moved to continue the hearing to 6 August 2014, 6:30 p.m. Ms. Emery
seconded. Motion passed unanimously.
5. Discuss new open meeting law and the posting of minutes:
Ms. Kinville felt BCA minutes should have a little more detail than the Board of Abatement.
Members were OK with the level of detail in previous minutes.
6. Legislative changes to homestead filing and City Council action:
Rep. Pugh noted the law now says there can be a penalty of “up to” 3% or 8% to be determined by a
community’s City Council.
Ms. Riehle advised that the South Burlington City Council decided on a 2% penalty. They felt it was
important to have a penalty.
7. Discussion regarding supporting candidates and impact on working elections:
Ms. Kinville noted there were complaints about people working the election who had supported a
particular candidate or candidates. She said that when she received a complaint she explained the
process and stressed that these people are also members of political parties. The question is how
much support do you give a candidate before it is considered “unusual.”
Ms. Nowak reviewed the situation she encountered at the last election.
Ms. Kinville said she would like to have a written policy from the BCA. She stressed the need to
have Justices of the Peace running elections.
Members agreed that freedom of speech should not be limited and that everyone should have the
right to speak out. Mr. Siorotkin stressed that if there is a policy, it has to be totally objective. You
can’t limit who works at the polls.
Mr. Taylor said he would put something together for the board to consider at its next meeting.
8. Other Business:
No other business was presented.
Mr. Mahoney then moved to adjourn. Ms. Riehle seconded. Motion passed unanimously, and the
meeting was adjourned at 8:40 p.m.
____________________________, Clerk