Town Meeting Over, Killington Board Gets Down To Business

Vermont Standard

By Curt Peterson

Standard Correspondent

Killington — After reelecting Patty McGrath board chairman, Killington selectmen reviewed their monthly general funds report. Interim Town Manager Richard Horner remarked, “Everything seems to be tracking according to plan, except this one item.”

Horner was referring to the budget expense line item for “Legal Services,” which has climbed to $4,121 as the result of a suit filed by resident and Town Moderator M. B. Neisner against the select board in late December 2015.

Suing “on behalf of all taxpayers in the Town of Killington,” Neisner complained that former Town Manager Seth Webb was unqualified and overpaid, and should have been terminated by the selectmen. Various misdeeds by Webb are alleged.

Further complaints included financial fraud by the select board, entering into a disadvantageous employment relationship between the town’s Economic Development Commission and the Killington Pico Area Association, financial misdoings involving the Killington sewer line, failure to maintain roads, and filing “a false and fraudulent complaint” against Neisner.

Regarding Neisner’s own property, the suit claims a subcontractor acting for the board misinstalled a culvert causing erosion, and raised the pavement bordering the property, leaving chunks of asphalt on the lawn. The suit claims the property is devalued by an unspecified amount as a result.

The suit was moved to federal court jurisdiction because Neisner claimed the Town refused to provide “requested material” unless Neisner paid “thousands of dollars” in production costs, thereby violating both state and federal constitutions.

The Select Board has taken the stand that Neisner’s suit is with- out merit. McGrath said Neisner requested an unreasonable number of documents. The board asked that he be more specific, but he refused.

McGrath also said the board had offered to meet with Neisner’s engineer at the culvert installation site to explore remedies, but that Neisner failed to set up the appointment. Selectman Chris Bianchi said the Town’s attorney filed a Motion to Dismiss because the suit lacks specific claims and any evidence.

Selectman Ken Lee congratulated the voters in town, saying that almost 480 submitted ballots.

“That’s close to 50 percent of our eligible voters,” he said. “And I think it’s a direct result of going to the Australian ballot system.” He cited resistance by some residents when voting was changed from voice vote in an open Town Meeting format. “There’s something to be said for voice votes, but the Australian ballots make it possible for people who can’t get to Town Meeting to cast their votes.”

Road Foreman Chet Hagenbarth made a presentation asking for Select Board approval of applications for four grants with matching funds, totaling more than $480,000, and allowing the town to complete some of the projects sooner by as much as two years. Hagenbarth explained there is no guaranty that Killington will get any of the grants, but that he needed the board’s approval to submit the applications. The board gave him the approval by unanimous motion.

Lee cited several complaints last winter from residents who said their lawns were covered with salt and sand when the snow melted in the spring. Hagenbarth said while the road crew had used more sand this year than last, the salt use had been diminished a lot, so the problem shouldn’t be so bad. He said some of the sand was carried by plowed snow, which was so deep last year that the crew had to push it onto people’s lawns to clear the roads. But a lot of it is deposited after snowmelt by road sweeping.

“I’m trying an experiment this year that should help,” Hagenbarth said. “We’re going to try to salvage as much of the sand as we can before sweeping.”

Hagenbarth also requested board approval to send out a request for proposals regarding a construction manager for reconstruction and reshingling of the library roof. Voters approved $200,000 for the project on Town Meeting. The road foreman said they had not been able to find a roofing contractor who was interested in providing design and supervision required for the project, so the alternative is to hire a construction manager who will do the designing and hire contractors who will perform the actual work.

“It means we’ll get professional input and assume the least amount of liability and risk,” Hagenbarth said.