Wallingford Selectboard Minutes

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June 13, 2011

Present:  Bill Brooks, Frank Bruce, Nelson Tift, Joshua Gilman, and Rose Regula  

Others Present:  John Liccardi and Julie Sharon  

B. Brooks explained that the purpose of this meeting was to review the letter from General Counsel John Hasen received June 9^th regarding the violation of the Act 250 Land Use Permit relating to the operation of the former Wallingford Park Association gravel pit on Waldo Lane. The reclamation was to be final by October 1999.  The Land Use Panel of the Natural Resources Board is now enforcing compliance by August 1^st along with a civil penalty of $12,750.  The Town must respond no later than June 17^th.

The Selectboard reviewed the events and timeline from when the land use permits were issued to the WPA in 1996, to when the property was donated to the Town by the WPA in 2005, the Act 250 permit application with Thomas and Kimberly Phillips and Fuller Sand & Gravel in 2006-07, the Whitmore’s lawsuit and settlement agreement in 2009, and finally discussions with the Phillips to acquire the property and the receipt of the Willis engineering design proposal during 2010.  Since reclamation cannot be done by August 1^st, the Selectboard recently notified Bill Burke at the District Environmental Commission that an amended Act 250 permit could be submitted for reclamation of the property by November 2012 by budgeting for the engineering study in FY13 and budgeting for the reclamation work in FY14.   Following further discussion, Attorney Liccardi stated that he will make contact with the Agency of Natural Resources and attempt to work out an amended assurance document.

B. Brooks moved to enter executive session at 6:50 p.m. with J. Sharon and J. Liccardi present, to discuss a legal issue.  J. Gilman seconded the motion.  Motion carried (5-0).  The Selectboard returned from executive session at 7:25 p.m.   Attorney Liccardi left the meeting at 7:25 p.m. The Selectboard agreed that based on Attorney Liccardi’s recommendation, Bill Brooks and Frank Bruce will attempt one last negotiation with Mr. Phillips in the near future.  Any meeting held with Mr. Phillips will have a written outline and will be audio taped, with the end result in writing and approved by the Selectboard.  

There being no further business, the meeting adjourned at 7:31 p.m.

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