DRAFT Minutes of Starksboro Special Selectboard Meeting 6/23/17

DRAFT Minutes of Starksboro Special Selectboard Meeting 6/23/17

Attending: Susan Jefferies, Selectboard chair, Peter Marsh, Tony Porter, Keegan Tierney, Koran Cousino ( by phone), Donna Lescoe, Eric Clifford, Dennis Casey, Jan McCleary, Righard Warren, Ben Campbell, Bill Coon, Dan Nugent, DRB chair, Jon Fenner, Samantha Fenner, Mitch Horner, Celine Coon, Kerry Kurt.

The meeting was called to order at 5:35 PM. S Jefferies reminded the group that the meeting was being recorder and she would also use a stop watch, to give fair time to each attendee. She reminded speakers to stay on point.

The first order of business is to discuss the outcome of the DRB meeting of June 22. P Marsh stated that Dave Wetmore considered the original application of July 2016 to be void because the conditions of approval were not met within the 180 day time frame. The DRB minutes from June 22nd should be consulted, but after 2 tied votes the DRB considered the plat expired. It will be sent back to D Wetmore, ZA. There was much discussion, with DRB chair Dan Nugent making the point that the DRB approved the application in 2016, with conditions. Those conditions were not met within the 180 days. B Campbell voiced his concern, R Warren and T Porter also spoke on the subject. The Town Attorney will be sending the Deed for review.

PURCHASE AND SALE OFFER EXTENTION REQUEST: S Jefferies explained that she had received a request from K KURT to extend the Purchase and Sales Agreement. D Nugent questioned the legality of the current extension, since it was not signed by the buyer. S Jefferies noted that the original contract dated 10/2015 was signed timely and an extension was signed 3/8/16. There was discussion and P Marsh reported that J Runcie, Town Attonrey, accepted the current extension as valid. There was further discussion with D Nugent , D Lescoe, B Coon. B. Coon asked for a paper trail of all documents pertaining to extensions. S Jefferies had the documents, B Coon read from past 2 years Selectboard minutes noting no motion to accept a prior extension. K Kurt stated she did not know she had to sign the extension.

S Jefferies asked if any new points could be made. There was further discussion. D Casey expressed concerns over the presentation of information at Town Meeting that the Town would have no costs related to this sale. S Jefferies said that the P&S agreement stated purchaser would pay up to $1,000 of Town’s legal fees. There was further discussion about the process, the timeliness of actions of both parties and how to move forward. T Porter, J Fenner, B Coon, S Jefferies all spoke on the subject. Some points were restated.

After discussion, S Jefferies said these are the options

·  Let the current contract end

·  Extend the current contract 6 months

·  Extend the contract 1 month with conditions

Koran Cousino felt the Board should seek a second legal opinion on the current agreement. There was discussion, with D Lescoe, R Warren, K Kurt all weighing in on the topic.

S Jefferies asked the Board if their pleasure was to go in to Executive Session. The Board was polled and said no. S Jefferies ended the “open discussion” portion of the meeting.

The Board continued to discuss the options. The consensus was that the Board wants to act in good faith with consideration of the legal issues presented.

Tony Porter made the motion to extend the contract to July 31st with the following conditions:

The Starksboro Selectboard will:

·  Get legal review of current extension, if determined to be not legal, current extension is void

·  Get the Deed

·  Get waste water permit

·  Get storm water permit

·  Get reclamation affidavit

·  Get act 250 amendment, if required

·  Get DRB approval

Kerry Kurt responsibilities by 4:30 PM June 30th

·  $15,000 deposit in escrow at Runcie’s office, per contract

·  Statement from Vermont Land Trust that they are in agreement with the terms of this purchase.

·  Statement from Bank or banks, that they are in agreement with the terms of this purchase.

·  Statements from all other Lien holders that they are in agreement with the terms of this purchase.

·  Statements from Attorney or representative for Bankruptcy that they are in agreement with the terms of this purchase.

P Marsh seconded, 4 in favor 1 against.

Action plan:

K Cousino will consult an attorney

K Tierney will handle wastewater, storm water, act 250

T Porter will talk to ZA

T Porter made the motion to adjourn at 7:20 PM seconded by K Cousin. All in favor.

Respectfully Submitted,

Celine Coon

Town of Starksboro