HomeMy WebLinkAboutMinutes - Board of Abatement - 07/23/2015BOARD OF ABATEMENT 23 JULY 2015
The South Burlington Board of Abatement held a meeting on Thursday, 23 July 2015, at 5:30
p.m., in the Conference Room, City Hall, 575 Dorset St.
MEMBERS PRESENT: P. Taylor, Chair; D. Kinville, B. Burgess, K. Burgess, Rep. A. Pugh, C. Shaw,
M. Emery, P. Nowak, B. Nowak, T. Chittenden, L. Vera, P. Picard, T. Harrington, P. Benner
ALSO PRESENT: J. Barlow, City Attorney
1. Agenda Review: Additions, deletions or changes in order of Agenda items:
No changes were made to the Agenda.
2. Comments and questions from the public not related to the Agenda:
No issues were raised.
3. Approve Minutes from 19 February 2015:
Ms. Harrington moved to approve the Minutes of 19 February 2015 as written. Mr. Shaw
seconded. Motion passed unanimously.
4. Discussion with City Attorney on options for ceasing collection on delinquent taxes
(including interest) and placing lien on property:
Mr. Taylor reviewed the history of the request for this discussion and referred to a letter
regarding the last abatement appellant. He said the Board was seeking input on the possibility
of seeking a change in statute to allow the city to stop charging interest on the balance due and
to collect the money owned via a lien when the property is sold.
Mr. Barlow said that the Board of Abatement does not have the authority to direct anyone to
make that change. The Board can make a request of the City Manager, who could agree or not.
Mr. Barlow said he did not feel it would be prudent for the Board to have that authority. The
City Manager has the authority to determine how delinquent taxes will be collected. If the City
Council is not satisfied with the City Manager’s policy on collecting taxes, they can ask for a
BOARD OF ABATEMENT
23 JULY 2015
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change in policy or they can act on the City Manager’s contract. Mr. Barlow said he felt that
system works well, though he acknowledged some abatement requests are hard to decide.
Ms. Vera asked how the money can be gained back if the Board of Abatement gives an
appellant a “break.” Mr. Barlow said it can’t.
Mr. Shaw asked if the City Manager is able to issue a loan, could the loan be secured by a lien.
Mr. Barlow said it can be. It would have to be approved by the City Council. This would be
outside the normal operating procedures of the city.
Ms. Kinville asked how the law could be changed. Mr. Barlow said there could be a change in
the state law or the City could request a City Charter change which would have to be approved
by the voters and the State Legislature.
Mr. Barlow reminded the Board that any decision they render must be presented along with
the reasons for the decision. The appellant can appeal the decision, in which case the Court
would decide if the decision was reasonable.
Ms. Emery asked the percentage of abatement requests that are granted. Mr. Barlow said it is
very low and most often involves the destruction of the property or a mistake on the part of the
listers. “Hardship” is rarely granted.
Mr. Taylor asked how members wanted to proceed. Members felt they wanted to “file” the
information (and to take no action).
5. Other Business:
Members discussed having 2 regularly scheduled meetings a year, one after tax sale notices go
out and one possibly at the end of February.
As there was no further business to come before the Board, Ms. Nowak moved to adjourn. Mr.
Burgess seconded. Motion passed unanimously. The meeting was adjourned at 6:10 p.m.
________________________________, Clerk