Waitsfield will contribute roughly 25 percent of the $20,000 cost of repairing the Mad River Greenway, post-Irene, with the expectation that the Mad River Path Association and the Mad River Valley Recreation District will each cover 25 percent of those costs.
The greenway runs on the west side of the Mad River on land owned by Elwin Neill and his family. The flooding scoured out a large section of the riverbank between the trailhead and the kiosk that marks the end of the greenway. That streambank and more dirt and more debris were deposited on the Neill farm fields.
Working with the Mad River Path Association, Neill removed the scoured material from the field and rebuilt the scoured out stream using extensive and large materials (rocks as big as cars). He and his son did the work using contracted equipment. The work was done with the permission of the Vermont Agency of Natural Resources.
During the flood of 1998, the cost of rebuilding the streambank along that Mad River Path was covered by FEMA as a town-related expense. This time, because specific FEMA procurement policies were not followed, that repair work is not eligible for FEMA funding.
Neill and Mad River Path representatives met with the Waitsfield Select Board on January 30 to discuss the situation. Neill presented the town with a bill for $20,000 which the town had no mechanism to pay. That bill does not include the cost of fill or the extra large rocks used to armor the bank because Neill used materials from his own quarry.
During the discussion, select board members asked whether Neill would have done the work regardless of whether the greenway was damaged. He said he would because repairing the streambank and repairing it correctly was the right thing to do. He did explain that he had used the heavy equipment he had to repair the path and right the kiosk (which was lifted off its foundation during the flooding) and clear debris for the path.
“I’d do the riprap work anyway. And there’s no state or federal program right now for farmers to rebuild streambanks. There are no protections like that for ag land right now,” Neill said.
“In using the material that was gouged out to fill in the scour, were you restoring the path and field at the same time?” asked select board member Sal Spinosa.
“No, I was removing enough material to fill the scour. There was excess material deposited on the field. I haven’t restored the field yet. There’s still a lot of work to do on that field and on the rest of the farm. The damage to the farm, excluding the streambank, was over $150,000 and that does not include the cost of the rock and riprap we used,” Neill said.
“We were up against time and weather. We needed to get seed on the stuff that was scoured out and get a cover crop going before the next event or winter,” he continued.
“That seems like a lot of money to spend on a path when the town’s got so many road costs,” said select board member Paul Hartshorn.
Laura Brines, president of the Mad River Valley Path Association, thanked Neill for the work he did and explained that the board of the path association was operating under the assumption that the work would be covered by FEMA.
“Could there have been more clear communication? Probably,” she said.
In response to a question from select board member Bill Parker, Brines said that there is no clear language in the easement or the deed that addresses reparations following a natural disaster.
Harrison Snapp, a member of the path association board, said he felt his association should be on the hook for some of the repairs.
“We need to put our problem-solving hats on. You’ve done great work repairing the path and streambank and have been caring for the path for a long time. There was a misunderstanding about FEMA. There’s no way we can get FEMA money for this. This bill represents about one-half cent on the tax rate. That is not insignificant. And that bill represents a significant portion of the path’s budget. There’s no precedent or legal parallel to show us the light,” select board chair Kate Williams said.
Select board member Charlie Hosford said he felt the issue should not just be one for Waitsfield to deal with.
“It’s a path issue,” he said.
Board member Spinosa suggested applying to the Mad River Valley Community Fund for assistance.
“I don’t feel we are in a situation where we should apply for those funds because there are people who are in far worse shape than we are. I don’t feel comfortable doing that,” Neill said.
After further discussion Neill said he would absorb 25 percent of the bill and the town agreed to pay for 25 percent of the bill. Brines said the path association would accept 25 percent of the bill and that the Mad River Valley Recreation Fund would be asked to pay the other 25 percent.
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