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Recovery officer says town has record of scope changes in FEMA files; board discusses appeal and legal help
Summary
Recovery officer Skip Lindsay told the board his timeline shows FEMA and state emergency management were aware of scope changes and costs; the board discussed using the League of Cities and Towns’ legal resources and preparing for an appeal if FEMA refuses to adjust its position.
Skip Lindsay, the town’s recovery officer, presented a detailed timeline and documents concerning the town’s public‑assistance (PA) project and a disputed FEMA scope‑of‑work change during the Select Board’s Feb. 23 meeting.
Lindsay said the town has emails and portal records showing H&H study results and scope changes were provided to FEMA and Vermont Emergency Management as early as May 2024 and through January 2025. “We sent an email on 05/08/2024 with the H and H studies,” he said, and later observed that FEMA’s meeting notes stated the applicant did not want to approve a revised scope and cost when town records indicate the town asked FEMA to update the scope to reflect actual costs.
Board members expressed frustration with FEMA’s responses and discussed next steps. One member urged preparing for legal action if necessary, while others recommended first using the League of Cities and Towns’ staff attorneys and pursuing the formal appeal process. Lindsay reported outreach to congressional offices and district staff and said he had sent the town’s assembled documentation to state and federal contacts and asked FEMA for a meeting. He further described guidance found on VLCT’s website about common FEMA PA audit findings and responses.
The board asked staff to collect PDFs and other documentation from VLCT, to continue pressing FEMA and VEM for a meeting, and to consult with the League’s attorneys about the appeals process. The town’s approach appears to be sequential: pursue administrative appeal and VLCT support first, then consider litigation if the appeal does not resolve the dispute.
