​Town of Pittsfield Board of Abatement Hearing Minutes
September 28, 2021 Town Office 5pm
 
AGENDA


 
Present: Trish Fryer, Ann Kuendig, AJ Ruben, Joyce Stevens, Herb Kuendig, Betty Warner, Jeremy Rayner, Beth Stanton, Brian Smith.
 
New Business

1. Elect Chair
2. Administer Oath of Office
3. Abatement request- Wendy Lothrop
4. Board Decision

 
 

Town Clerk Trish Fryer called the hearing to order at 5:01pm.
 
 
New Business:

1. Elect Chair: Joyce Stevens moved to name Trish Fryer as Chair of the Board of Abatement. Ann seconded. All in favor.  Ann agreed to take minutes.

 

1. Administer Oath of Office: Trish Fryer administered the Oath of Office to board members and asked participants to disclose any potential conflict of interest or ex-parte communications with the applicant.

 

1. Abatement Request: Trish identified the applicant as Wendy Lothrop, 231 Cahill Road, Pittsfield, VT 05762, parcel ID number 75-0231-000. Ms. Lothrop submitted a letter to the Town Clerk on August 4, 2021 requesting an abatement of delinquent taxes, interest and penalty in the form of delaying the scheduled tax sale of her property. On August 17, 2021, the Town Clerk mailed and emailed a Request for Abatement Form in which the applicant must designate under which statutory requirement she was filing for an abatement. The Town Clerk sent another request and notice of hearing on September 21, 2021. Ms. Lothrop did not respond to the requests nor did she attend the hearing.

 

1. Board Decision:  Board members deliberated under the assumption from her letter that Ms. Lothrop was requesting an abatement pursuant to 24 V.S.A. § 1525 (a) (3) Taxes or charges of persons who are unable to pay their taxes, charges, interest and /or collection fees. Without any evidence or testimony to support the request, the Board could not justify an abatement of tax. The Board unanimously agreed to deny the applicant’s request.

 
 
There being no further business of the Board of Abatement, Herb moved to adjourn at 5:17pm. Jeremy seconded. All in favor.
 
 
Submitted by:  s/Ann Kuendig
 
Date Approved:
 
By:  S/Trish Fryer

Town of Pittsfield
Board of Abatement Minutes
December 11, 2018, 12 Noon
Pittsfield Town Office

Present: Trish Fryer, Charles Piso, Ann Kuendig, Matt Corron, Herb Kuendig, Betty Warner, Martha Beyersdorf, Sarah Gallagher

Absent:  George Deblon, Arline Drugonis, Mike Wuerthele

Agenda
1. Elect Chair, secretary
2. Abatement request – Mark Stugart
3. Other Business

The hearing was called to order at 12:02 by Charles Piso.  Charles nominated Trish for Chair, seconded by Matt; motion carried. Trish nominated Sarah for secretary, seconded by Charles; motion carried.

Copies of email correspondence dated December 4 and December 5, 2018, and a letter received December 11, 2018 from Mark Stugart were distributed to those present.  Sarah confirmed that Mark Stugart arrived at the office after 5:00 p.m. on November 15, 2018.

1. Mark requested abatement under 24 V.S.A. § 1535 (a)(4) taxes in which there is manifest error or a mistake of the listers. Mark noted his address was incorrect on his tax bill and the notice from the Delinquent Tax Collector.  The Board noted that the first payment due on August  16, 2018, was received on August 15, which would indicate Mark received his bill in a timely fashion, regardless of the address.
2. Mark requested abatement under 24 V.S.A. § 1535 (a)(3) taxes of persons who are unable to pay their taxes, interest, and collection fees, saying he is unable to pay the interest and collection fees due to other financial obligations. There was no evidence presented as to extenuating financial circumstances.
3. Mark requested abatement unrelated to 24 V.S.A. § 1535, stating his opinion that the amount of the penalty was too great relative to the seriousness of the infraction (being 8 minutes late).
A motion to move to executive session was made at 12:17 by Ann, seconded by Charles; the motion carried.
A motion to leave executive session was made at 12:25 by Matt, seconded by Charles; the motion carried.
A motion to deny Mark Stugart’s request for abatement was made by Charles, seconded by Ann; the motion carried unanimously.  The Board felt the information on the date and time taxes were due was clear and it is important that all taxpayers must be treated equally.
A motion to adjourn was made at 12:27 p.m. by Sarah, seconded by Charles; the motion carried.

Respectfully submitted,                                                                                                 Date approved: __________________________________ 

Sarah Gallagher, secretary                                                                                                By: _____________________________________________