TOWN OF SPRINGFIELD
SELECTMEN’S HALL – 96 MAIN STREET – THIRD FLOOR
HEARING OF APPEAL
MONDAY, AUGUST 26, 2013 – 7:00 PM
_________________________________________________________________________________________________________
MINUTES
A. CALL TO ORDER AND ROLL CALL:
Chairman, Kristi Morris, called the meeting to order at 7:00 PM. The Pledge of Allegiance was recited and Roll Call was taken.
Board Members Present: Chairman, Kristi Morris, Vice-Chairman, Michael Knoras, Stephanie Thompson, David Yesman, and Peter MacGillivray.
Also Present: Town Manager, Robert Forguites, Comptroller, Jeffrey Mobus, Fire Chief, Russell Thompson, Deputy Fire Chief, Scott Richardson, and Town Attorney, Stephen Ankuda.
For the Hearing of Appeal: Mr. Donald Bishop, Property Owner and Mr. David “Todd” Hindinger, III, P.E., S.E.
B. MINUTES: - None
C. ANY REQUESTED ADDITIONS TO THE AGENDA:
Robert Forguites, Town Manager, asked for two, (2), additional items to be added to the agenda.
Mr. Forguites also acknowledged Mr. Charlie Blish, Resident of Springfield; living on the Pleasant Valley Road, had requested to address the Board of Selectmen concerning paving issues on Pleasant Valley Road at tonight’s meeting. Several times throughout the day, Mr. Forguites tried to contact Mr. Blish to let him know the Pleasant Valley Road paving topic was scheduled to be discussed on Monday, September 9, 2013 at a Regular Board of Selectmen’s meeting. Unfortunately, Mr. Forguites and Mr. Blish did not connect and several residents from the Pleasant Valley Road have taken time from their schedule to attend the meeting tonight.
1. Mr. Forguites also had a request for a Wine and Malt Beverage Serving Permit from Springfield Regional Development Corporation with a deadline on September 6, 2013, which would be due before the Board of Selectmen Meeting on September 9, 2013.
3. Mr. Forguites stated two, (2), individuals had also contacted him about discussing the Rental Registry Agreement. One requested the Rental Registry be added to the agenda tonight and one to the agenda of Monday, September 9th.
MOTION: Vice-Chairman, Michael Knoras, moved to add the Local Liquor Control item to the agenda
tonight. Seconded by Stephanie Thompson.
Vote: 5 Yes, passed unanimously.
Vice-Chairman, Michael Knoras, also wanted to discuss the Rental Registry Agreement tonight. Mr. Knoras would like the Board of Selectmen to send Ordinance 2013-1 back to the Ordinance Sub-Committee. Stephanie Thompson also agreed with Mr. Knoras.
MOTION: Vice-Chairman, Michael Knoras, moved to send Ordinance 2013-01, Rental Registry, back to the
Ordinance Sub-Committee for re-working and re-writing. Seconded by Peter MacGillivray.
David Yesman identified himself as the other individual making the request. He stated he preferred to discuss the re-working and re-writing of the Rental Registry at the Regular Board of Selectmen Meeting scheduled for Monday, September 9, 2013. His request would allow ample notice for those who wanted to attend. Mr. Yesman stated he would not support Mr. Knoras’s motion.
Peter MacGillivray inquired if a few Landlords could be part of the Ordinance Sub-Committee while the re-work and re-write of the Rental Registry was taking place. Mr. Forguites indicated the Ordinance Sub-Committee Meetings were open meetings and anyone could attend.
Vote: 3 Yes and 2 No (Chairman, Kristi Morris and David Yesman)
Charlie Blish, Resident of Springfield, stated he understood the Pleasant Valley Road paving topic was postponed until Monday, September 9th. As long as he was present tonight, he wanted to share he has lived on Pleasant Valley Road for 41 years and the road was paved 25 years ago. Mr. Blish would like to see the road repaired correctly. “Please no band aides; grind the road down and correctly re-pave the road. Mr. Forguites and Chairman Morris thanked Mr. Blish for his comments and appreciated he acknowledged the topic was rescheduled for Monday, September 9th.
Roger Blish, Resident of Springfield, also wanted to make sure the appropriate Town Staff knew the road was in really rough shape and he was concerned about the plowing season. He stated the plows and trucks would really take a beating. It was mentioned maybe leaving Pleasant Valley Road as dirt for the winter would be better than the current paving.
Matt Priestly, resident of Springfield, stated he would not make the meeting on September 9th because of a prior commitment He would like to see Pleasant Valley Road repaired correctly. He would also like to see the plan for Pleasant Valley Road in writing.
HEARING OF APPEAL:
Mr. & Mrs. Donald Bishop have appealed an Unsafe Building Order issued on June 19, 2013 under Springfield Code, Chapter 5, Article II for property located at 23 Valley Street in Springfield, Vermont.
Chairman Morris noted the Hearing of Appeal was being recorded by SAPA TV. The SAPA TV recording will be considered the “Official Recording”. After the hearing and the following agenda items, the Board will meet in a deliberative session for the purpose of reviewing the findings of the facts and issue a report. The Board will be in deliberative session, therefore, the Public, SAPA TV, or the participants do not need to remain afterwards. The finding can be approved at the next Selectboard Meeting of Monday, September 9th.
Chairman Morris “Officially Swore In” Mr. Donald Bishop, Property Owner of 23 Valley Street and Mr. David “Todd” Hindinger, III, P.E., S.E.
Town Attorney, Stephen Ankuda, acknowledged Exhibits #1 through #14 and passed them out to Town Manager, Robert Forguites, the five Selectboard Members, Mr. Donald Bishop, and Mr. David “Todd” Hindinger, III, P.E., S.E.
Exhibit #1: Order issued by the Board of Selectmen.
Exhibit #2: Engineer, David T. Hindinger’s Report
Exhibit #3: Chief R. Thompson and Deputy Health Officer S. Richardson agreeing with the Engineer’s
Report and filing the report.
Exhibit #4: Return of Service Receipt, Constable signing off that he served Jean Bishop with the order
on July 9, 2013.
Exhibit #5: Return of Service Receipt, Constable signing off that he served Jean Bishop with the order
at 27 Mile Hill Road.
Exhibit #6: Request to Appeal Notice to Town Clerk, M. Kelley, on July 18, 2013. Stating he would like
to appeal. Although he would like to comply with this order, I am in need of more time to do so.
Exhibit #7: Copy of property Deed; showing previous owner.
Exhibit #8: View of back corner leaning out of plumb.
Exhibit #9: Another view of the back corner.
Exhibit #10: View looking downstream; wall and top of retaining wall.
Exhibit #11: Closer view of wall and top of retaining wall – No improvement/No more deterioration.
Exhibit #12: View of wall and retaining wall again.
Exhibit #13: View of sill and foundation wall; shows deterioration of structure.
Exhibit #14: View of floor joists in the back section of the building; near the stream.
Colored Copies of Exhibits #8 through #14 will be filed at the Town Manager’s Office and in the Vault.
Mr. Bishop stated he was between a rock and a woodpile. He has electrical supplies stored in the building and is requesting more time to comply with the order. He has already shored up the building in many spots. He stated money was also an issue.
Vice-Chairman Knoras wanted everyone to know which building Mr. Bishop was appealing tonight. Mr. Bishop and Mr. Hindinger confirmed it was the Bakery Building, at 23 Valley Street.
Chairman Morris asked Mr. Bishop if he had any building inspections on his own. Mr. Bishop did not. He commented Barbour Masonry was familiar with his building.
Mr. Hindinger reviewed his findings of his first outside visit to the property on May 16, 2013. He returned on August 20, 2013 for a second outside visit. Mr. Hardinger took more pictures during that visit to use as a comparison. He noted no improvements were made to the building at this time and no deterioration either. Due to the fact Mr. Bishop appealed the Unsafe Building Order issued on June 19, 2013, Mr. Hindinger requested another site visit to go inside the property. The inside site visit was made today.
Attorney Ankuda asked Mr. Hindinger for his opinion of the building now that he has visited the property three, (3), times; twice outside and once inside.
Mr. Hindinger stated the property has not improved and certainly parts could collapse. He credits Mr. Bishop with the improvements he has made. However, it is not quite enough. Mr. Hindinger’s inside findings require repairs are still needed.
Vice-Chairman Knoras inquired about the bricks on the roof and what about snow removal.
Mr. Bishop said the bricks are from a chimney he removed and covered. He just left the bricks on the roof. Last winter there was not enough snow to bother with; the year before he shoveled the roof off.
Vice-Chairman Knoras inquired if Mr. Bishop proposed to use the building as self-storage only. Mr. Bishop confirmed that was his plan.
Attorney Ankuda asked Mr. Bishop how he planned to repair his property Mr. Bishop stated he planned to do it this summer. He intends to use a come along to pull in the walls and jack up the low side of the building so the roof is better lined up.
Vice-Chairman Knoras asked about the foundation. Mr. Bishop said he didn’t plan to do anything with the foundation. In his opinion the foundation was not going anywhere.
Chairman Morris stated to Mr. Bishop he wants to know exactly what repairs will be made to the property to satisfy the ordinance.
Mr. Bishop suggested Mr. Hindinger come back to his property for another site visit. He would like until December 1, 2013 to comply with the order. Mr. Bishop stated he would have help within two to three, (2 – 3), weeks.
Chairman Morris indicated this was the time for more questions or evidence to be presented. There were none. He declared the Hearing Appeal Closed at 8:01 PM.
MOTION: Vice-Chairman, Michael Knoras officially declared the Hearing of Appeal closed.
Seconded by David Yesman.
Vote: 5 Yes, passed unanimously.
D. CITIZENS TO ADDRESS THE BOARD: Done earlier in the meeting.
E. PRIORITY BUSINESS: None
F. PETITIONS AND COMMUNICATIONS: None
G. BOARDS, COMMISSIONS AND DEPARTMENTAL MINUTES AND REPORTS: None
H. ORDINANCES AND RESOLUTIONS: None
I. OLD BUSINESS: None
J. NEW BUSINESS: None
K. LEGISLATIVE REPORTS: None
L. CITIZENS COMMENTS: None
LOCAL LIQUOR CONTROL: Opened at 8:08 PM.
Mr. Forguites received a request for a Wine and Malt Beverage Serving Permit from Springfield Regional Development Corporation, SRDC, for use on Friday, September 6, 2013 between the hours of 5:00 to 7:00 PM at The Great Hall, 100 River Street. The event will be used to showcase a new art exhibit. It should also be noted there is a Certificate of Training for Paul Kowalski, who will be serving the wine and/or malt beverage.
MOTION: Stephanie Thompson moved to approve the Wine and Malt Beverage Serving Permit request
from Springfield Regional Development Corporation for use on Friday, September 6, 2013
between the hours of 5:00 to 7:00 PM at The Great Hall, located at 100 River Street.
Seconded by Peter MacGillivray
Vote: 5 Yes, passed unanimously.
LOCAL LIQUOR CONTROL: Closed at 8:09 PM.
M. FUTURE AGENDA ITEMS: None
EXECUTIVE SESSION: None
N. ADJOURMENT:
MOTION: Vice-Chairman, Michal Knoras, moved to go into Deliberative Session for the requested Hearing of
Appeal regarding property located at 23 Valley Street owned by Mr. & Mrs. Donald Bishop.
Seconded by Stephanie Thompson.
Vote: 5 Yes, passed unanimously.
The meeting adjourned at 8:12 PM.
Respectfully Submitted,
Donna M. Hall
Recording Secretary
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