Town
of Panton Selectboard Meeting
Monday May 9, 2005
Panton Town Offices
Minutes
Selectboard
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Administration
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Guests/Visitors
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R. Atkins
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P Bodington, Road Foreman
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K. Bingham
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D. Hartenstein
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J. Moulton
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S. Torrey, Town Clerk |
R. Hartenstein
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S. Hofmann
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A. Sullivan
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P. Valois
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Call to Order:
Chair R. Atkins called the meeting to order at 7:02 p.m.
Approval of Minutes: Motion by A. Sullivan, seconded by J. Moulton to approve the minutes as presented. So voted.
Public Communication: Mr. Hartenstein explained that as
they did not receive a response from their letter last fall to the
Selectboard, they asked to be on the agenda tonight. In 1999 they
purchased property next to William Andrews on Arnold Bay Road and have
enjoyed living there until Mr. Andrews sold the property and things
began to change. Mr. Hartenstein went on to say that one of their
concerns is the town-wide reappraisal performed last year. They were
assessed $248,200 on their .72 acres, while their neighbor to the
south, J. Bogan was assessed $237,600 on 1.4 acres and their neighbor
to the north, P. Valois and Judith Fisher, were assessed $204,700 on
.70 acres. He added that they appealed but it was denied so they
appealed to the BCA who reduced the assessment on their .72 acres to
$207,543. Mr. Hartenstein said that no one seems to be able to explain
to them why the Bogan’s, with double the land, wouldn’t be taxed
accordingly. He added another concern is the conditions imposed on the
Bogan’s building permit have not been followed, in particular the
topography of the property; fill has been put in and they have removed
a tremendous amount of trees which they said they would not do. A few
trees have been re-planted but are very small and provide no screening
at all. In addition, the trees are so close to the property line that
in a few years they will grow over the property line. Mr. Hartenstein
said they wrote a letter to the town attorney who explained the case
had been turned over to Zoning Administrator Hanson. He placed a
call to Mr. Hanson who said it was on his desk and that he would be in
touch. This was in January and they have not heard anything more. Chair
Atkins said it doesn’t seem right that there was only one tax bill
issued to the Bogan’s when they have two (2) parcels. S. Torrey
explained that according to the assessor, owning more than one
contiguous parcel does not constitute the need for separate tax bills.
She added that she did inform the assessor that the property should be
revisited. Mr. Hartenstein provided air photos of the properties in
question. It was mentioned that when Mr. Andrews owned the property
there were trees surrounding the lot which provided screening from the
other properties. He mentioned that the peak of the Bogan roof appears
to be higher than the allotted thirty-five (35) feet to which S.
Hofmann explained that the measurement goes to the pitch of the roof,
not the peak. Mr. Hartenstein asked if anyone follows up on enforcing
variances that are granted for accountability. Chair Atkins will call a
meeting with Zoning Administrator Hanson to ascertain the status. Mr.
Hartenstein will come back in a month at which time he is hopeful he
will have answers. S. Hofmann asked Mr. Hartenstein for clarification
on a reference he made regarding a closed door session in Executive
Session in which attorney Carroll was present. Mr. Hartenstein
responded that not immediately after, but later on he was told by
someone of what was said in Executive Session. A. Sullivan replied that
we should go back and look at the action that was taken in Executive
Session. The minutes in question, May 2, 2002, were reviewed and no
reference was noted of an Executive Session. Chair Atkins said
that the Board will get an explanation of the situations as described
by Mr. Hartenstein.
It was noted that Zoning Administrator Hanson is in possession of the
files containing the variances regarding the Bogan property. He will be
contacted to return the original files to the town offices and to make
copies of the files that he is currently working on. S. Hofmann advised
the Board that there is documentation of meetings between the
Hartenstein’s and former PC Chair D. Raphael.
P. Valois advised the Board that the air handling unit had arrived and
does the Board still intended to use it in the town office. It was
agreed that the unit should be installed and the Board will coordinate
with Mr. Valois prior to the construction planned in late June. S.
Torrey asked if the heat ducts could be installed near the floor versus
the ceiling and Mr. Valois said this will be done.
Discussion on the “catch basin” by the Bingham farm on Jersey Street.
P. Bodington will coordinate with the water district to determine what
can be done to remedy the problem of water going across the road.
S. Hofmann mentioned that Country Home Products called to see if the
town is interested in purchasing plastic snow fence as they will not be
carrying the product in the future. Chair Atkins directed P. Bodington
to call and get a price.
New Business: The Laura Lee Bushey violation was discussed and
A. Sullivan advised the Board that she saw Laura Lee at the store and
she stated that she was not moving the trailer and that she was not in
violation; all the papers were filed in the town clerk’s office. S.
Hofmann responded that her attorney has not responded to the last
letter sent by Z.A. Hanson. The Board will meet with Z.A. Hanson to
discuss the situation further.
Road Foreman Report:
Purchasing blades for the plows and grader were discussed. A there is
enough money in the highway budget and these are needed the Board
directed P. Bodington to purchase.
The status of the garage condensation was discussed and the Board
agreed that the town would not pay to have the AlumaShield
representative visit as it is felt this expense should be borne by
contractors Neagley & Chase. Architect S. Davis will contact the
representative directly. If not corrected, the balance of $5,000.00
owed to Neagley & Chase will not be paid.
P. Bodington advised the Board that the area behind the town hall has
so many ruts that he can’t mow it and would like to turn it into a
parking lot. Chair Atkins advised not to do too much work until after
the hall/office construction is complete. It was discussed that Claudia
Allen’s tenants are storing items in the town carriage barn and should
be removed. P. Bodington added that there are bags of garbage behind
the barn as well. The Board directed S. Torrey to write a letter to
Claudia Allen regarding this situation.
Paving was discussed and P. Bodington suggested re-paving Allen Road.
The Board recommended returning the road to dirt with a good base.
Basin Harbor road is also in need of repair and P. Bodington advised
that Ferrisburgh will be paving part of it and will be utilizing a
rotator for grinding. The Board suggested that he found out the expense
of sharing the rotator. The corner of Pease and Lake Road is also
another area in need of repaving. It was mentioned that these are Class
2 roads and usually funded by the State but the roads need to be
repaired regardless. It is hoped that maybe the town will still be
considered for pavement funding.
The new Road Foreman job description was discussed (attached). P.
Bodington expressed concern about his work week being reduced to a
forty hours and perhaps things won’t get done. He added that normally
he works forty-five hours per week. Chair Atkins explained that the
Board is trying to work within a budget and that forty is the limit,
however, if in the middle of a job the job should be finished even if
it is overtime but he should take time off to make up the difference.
Only forty hours of comp time can be accumulated.
S. Torrey asked if P. Bodington could start recycling the office paper.
J. Moulton asked if he could bring to Vergennes on Wednesdays. He said
they he will accumulate and recycle in Vergennes bi-monthly.
P. Bodington will take care of removing the old wooden chairs from the town hall.
Damage being done to our roads by the heavy farm equipment was discussed.
Action Items:
Correspondence was reviewed and check warrants for a total of $68,063.91 were signed (includes first payment for garage loan).
Chair Atkins recessed the meeting at 9:05 p.m. to be reconvened Monday, May 16, 2005 at 7:00 p.m.
Town
of Panton Selectboard Meeting - Continuation
Monday May 16, 2005
Panton Town Offices
Minutes
UNAPPROVED
Selectboard
|
Planning/ZBA
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Guests/Visitors
|
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R. Atkins
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K. Bingham
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S. Hofmann
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J. Carroll, Esquire
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J. Moulton
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L. Giovanella
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D. Marshall
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E. Hanson
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R. Moulton
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R. Klein
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Call to Order: Chair R. Atkins
reconvened the meeting from May 9, 2005 at 7:08 p.m.
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Chair Atkins turned the meeting over to Attorney Carroll
who stated that it is his understanding there is an issue with the Hartenstein
and Bogan properties. He proceeded to give an overview of the process with
regard to violations. In the case of the Hartenstein is case, the Zoning
Administrator would forward the violation to the Selectboard who makes a
decision to authorize funds for legal pursuit of the violation. When a notice of
violation has been issued to the landowner, they can appeal the violation to the
Zoning Board of Adjustment, who will hear the case in a quasi judicial role.
Evidence will be heard and deliberation made and the decision can be appealed to
the Environmental
Court. Attorney Carroll advised that the ZBA not be
involved in the early decision to pursue or not pursue the notice of violation
and evidence should not be taken or heard until there is an appeal to the ZBA as
the ZBA must be unbiased. He added that if the Zoning Administrator decides
that there isn’t a violation, the complaining party can forward that decision to
the ZBA. It was also explained that the Zoning Administrator and/or the ZBA may
request the assistance of an attorney at which time the Selectboard would be
requested to authorize funds. Attorney Carroll advised that in a town the size
of Panton there usually will be only one attorney handling the violation and it
would be wherever the need or benefit is the greatest. If the landowner should
appeal the decision of the ZBA, but only certain items, they can appeal only
those specific items to the Environmental Court. S. Hofmann inquired
about former ZBA members testifying. Attorney Carroll said that outside
witnesses for either side may be called in to testify and even subpoenaed if
necessary. S. Hofmann expressed concern that there could be a conflict as he
uses the same legal firm as the Hartenstein’s. Attorney Carroll said that he
should still participate as there is nothing that would disqualify him, but if
something should come up later he could disqualify himself at that time.
Attorney Carroll suggested meeting with the Selectboard to further discuss the
issues in Executive Session. The Planning/ZBA members left the meeting and J.
Moulton made the motion to go into Executive Session to discuss a legal
matter with town council at 7:35 p.m. inviting Zoning Administrator E. Hanson.
R. Atkins seconded the motion. So voted. The Board returned to open session at
8:40 p.m. with no action taken.
Z.A. E. Hanson advised Attorney Carroll that he has
issued two violation notices to the Selectboard; the Vorsteveld Farm and Laura
Lee Bushey. It was discussed that the appeal process has expired and Attorney
Carroll recommended going to [Environmental Court] to obtain an
injunction. The detail of the violations was discussed. Mr. Hanson advised that
he has spoke with the Department of Agriculture and although they have no
enforcement powers they will meet with us to do what they can to resolve the
issue of the Vorsteveld violation. Resolution of the Bushey violation is the
removal of the structure (mobile home).
Motion by J. Moulton to adjourn,
seconded by R. Atkins. Meeting adjourned at 9:05 p.m.
Susan F.
Torrey
Town
Clerk
JUNE MEETING SCHEDULED FOR JUNE 14th.