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New CEO details permitting errors by predecessor; board to draft policy limiting solo site visits
Summary
Newly appointed CEO Bill Butler described multiple alleged errors by the former CEO — unauthorized permit changes, improper plumbing signoffs and rooftop solar compliance gaps — and asked the Select Board to adopt a policy preventing individual board members from visiting CEO-regulated sites without the CEO; the board asked for a written policy and additional legal review before voting.
Mount Vernon — Bill Butler, the town’s recently appointed CEO, told the Select Board that he has inherited multiple permitting problems he says were created by the former CEO and asked the board to adopt clearer rules to prevent future confusion and alleged ex parte interactions.
Butler recounted cases he said demonstrate risky and inconsistent previous practice: property owners told by the former CEO they did not need permits for roof-mounted solar; permit conditions changed (a single-family dwelling converted to a duplex in apparent conflict with local ordinance); plumbing inspections performed despite the inspector not being certified; and tree removal and shoreline setbacks mischaracterized, in one case involving Belgrade Stream and an extended "shoreline" classification tied to Long Pond that affected a 250-foot zone. Butler said the legacy errors are slowing current permitting work and risk legal exposure.
"If your former CEO was a doctor, he'd have been arrested for malpractice, thrown in jail," Butler said, citing his concern about prior approvals and the burden of correcting them. He urged the board to hold the former CEO accountable where appropriate and to prevent select board members from creating the perception of town approval by visiting regulated sites on their own.
Butler asked the board to vote on a policy that would require any select board member who visits a CEO-regulated property to be accompanied by the CEO and to require that texts, phone calls or emails regarding a CEO-regulated site be shared promptly with the CEO so staff can respond fully. Board members debated whether such visits are illegal (MMA legal advised they are not technically illegal but are an ill-advised practice known as an ex parte inspection) and whether correspondence should be shared in full or summarized; several members said some complaint details may require executive session.
Outcome: The board did not adopt a rule that night. Members asked Butler to draft a formal policy and provide it before the next meeting; one member said they want to consult MMA about whether the requirement is a formal policy or a norm. Butler said he would provide a draft policy and that his signature on a pending contract would depend on the final policy’s alignment with Section 12 of that contract.
