Board moves to appeal decision
By Curt Peterson
KILLINGTON—Town Manager Chet Hagenbarth had bad news for the Select Board at its Dec. 3 meeting. Not only did he report a negative response from FEMA to the April request for more money for a Tropical Storm Irene repair – the federal disaster relief agency wants the town to return $250,000 they already appropriated for the same project earlier, money that Killington spent on repairs.
The original damage involved two culverts – one on Ravine Road, and another on Stage Road. Vermont state regulations required the culverts be replaced with bridges. FEMA wanted to pay only enough to replace the culverts as they were – including FEMA’s appropriation of $250,000 for the project, this left about $290,000 of unfunded Irene repairs. The town had appealed, hoping to be reimbursed the unfunded amount.
“They found some kind of loophole they say means they shouldn’t have paid the original appropriation,” Hagenbarth said. “Now they want it back.”
He told the board there is one more appeal option – to the federal level – which Mel Adams, FEMA coordinator who facilitated earlier negotiations with FEMA on behalf of the town, estimates will cost between $5,000 and $8,000.
“These federal appeals are decided in favor of the appellant only 20 percent of the time,” Hagenbarth told the Mountain Times in a phone conversation.
Hagenbarth said at the federal level Adams recommends soliciting help from Vermont’s Washington delegation – Sens. Patrick Leahy and Bernie Sanders, and Rep. Peter Welch. He said they had been helpful with FEMA in the past.
Select Board member Patty McGrath said she was in favor of pursuing the additional appeal. Select Board chair Steve Finneran and board member Jim Haff agreed with McGrath. The vote to file the final appeal was unanimous. Hagenbarth explained that they have 60 days to file.
“Jan. 29 is the deadline for filing the appeal with the state and FEMA,” Hagenbarth told the Mountain Times.
The state will then have 60 days in which to document its case for keeping the original funds.
“Historically, the whole process takes five to six months before we will hear a final decision,” said the town manager.
If Killington’s appeal is denied, the state will be notified, and VTrans will pay FEMA, then notify the town they have to come up with the money. Hagenbarth doesn’t know what the payment terms might be.
That will be right around the time the 2020 budget goes into effect. The total 2019 budget will be around $4.4 million.
