Chelsea Special Selectboard Meeting Minutes (Draft)
October 24, 2022 – 7 PM – Chelsea Town Hall
Selectboard Members present: Levar Cole, Mark Whitney, Merrill Whitney, Geoff Clayton, Bruce Hook
Other Town Employees present: Gayle Durkee, Treausrer
- Meeting called to order at 7:00 PM
- No changes to the agenda
- No conflicts of interest to disclose
- Department/Liaison for immediate action
a. Cole gave an update on the Water/Wastewater Chief Operator and Cole’s meeting with
Simon Operation Services (SOS). Cole met with Lane Simon, Nate Fredericks, and Duncan Cone from
SOS along with Mike Whipple- emergency back-up for Chelsea Water/Wastewater operations, to seek
options for staffing the water/wastwater facilities in the absence of the Chief Operator and Assistant
Chief Operator. Whipple led the group for 3 hours, introducing /visiting all the water/wastewater
facilities throughout Chelsea on October 24, 2022 beginning at 9:00AM.
SOS will put together a proposal for the selectboard if they are able to assist.
Cole will present whatever potential solutions are developed to the Selectboard
b. Cole asked Hook to give an update on the unpermitted excavation of Klondike Road near 59
Klondike Rd. that occurred on October 20, 2022. Hook explained part of Klondike Rd was excavated to
lay pipe or conduit. Hook and the board noted there is a State Statute 19 VSA, Chapter 11 § 1111,
“Permitted Use of the Right of Way” and a town policy referencing that statute covering requirements
for individuals and organizations needing to excavate road for pipe, conduit, etc. Cole asked for a copy
of the application and permit that was approved. Hook noted that the processes was not followed. Hook
said he was told the Road Foreman gave verbal permission to the subcontractor doing the work the day
the work commenced. Cole and Merrill Whitney noted that the Town Policy explicitly says the
application is made by the landowner not the subcontractor and the decision is made by the
selectboard. Mark Whitney explained the requirements for an application, approval, 48 hours notice,
observation of backfilling or compaction, approval of materials etc. exist to provide reasonable
assurance a permitted activity does not endanger public health and safety or decrease the integrity of
the road.
The Board had several questions for the Road Foreman who was not in attendance. The board asked
Hook to get the answers to the questions and report back to the board next week. Hook agreed.
Hook, Merrill Whitney, Mark Whitney, Clayton and Cole all expressed concern that the town policy and
state statute were not followed and all were very concerned about the current condition of the road as
it was sinking where it was excavated. Cole noted he checked out the site Saturday afternoon. Hook and
Cole noted obvious settling the road that resulted in a large depression or rut across the road. Hook and
Mark Whitney noted that if the policy was followed regarding 12 lifts mechanical compaction, the road
might not have settled as much as it did in this short a period.
Clayton expressed concern that since the Town is receiving a lot of state and federal money for roads
and other projects, the town might be out of compliance with its oversight duties if the board allow
events like this to be ignored. Clayton suggested that since the process was not followed, the town
should seek legal advice, get an engineering analysis of the damage, and obtain an estimate for removal,
repair, and remediation. Mark Whitney asked how the town is assured that the backfill or compaction
met the requirements of the rules if there was no application or permit to reference. Hook said there is
no assurance since the process was not followed.
The Selctboard went into executive session to discuss legal options related to the excavation at 7:25 PM
pr 1VSA 313(a)1 via unanimous vote on amotion made by Cole and seconded by Mark Whitney. The
Board ended executive session at 8:05 PM. After executive session, the Board unanimously agreed to
have the highway liaison, Bruce Hook, reach out for legal advice on what could and should be done
regarding the excavation and report back to the Board at the next regular meeting on November 1,
2022.
There were no public comments.
The Board meeting adjourned at 8:06 PM