Published on June 24, 2009

BARTON — The Barton Village Trustees decided at their meeting Monday that they will consult with attorney Bill May about getting a bond from First Wind before approving the company’s trucking permit.

The permit will be discussed at the next meeting, July 13.

Representatives of First Wind told the trustees the bond is not necessary because the company has insurance, has set up an escrow account, and has set up a “letter of credit” with a bank — all methods of assuring that the company will not walk away after damaging roads or utilities under the ground such as water and sewer lines.

But Trustee Ellis Merchant, who owns a tree-trimming and line-clearing business, said he wants the extra assurance.

“I’ve had to bond myself for $3-million, just to clear a telephone line,” he said.  “Why should you be scared of a million-dollar bond?”

“I want it all bonded for any damages,” he said.  “I want to assure the village people.  God forbid that you guys go halfway through the project and go belly up.... In the back of my mind there’s a little guy saying — ‘Get the bond.’”

Andy Raubvogel, a lawyer representing First Wind, said asking First Wind for a bond is like asking a local trucker to provide a bond for an overweight permit.  He said the people at his company have discussed it seriously and just don’t believe it’s necessary.

“We just don’t think it’s a reasonable request,” he said.

Josh Bagnato, another representative of the company, asked how the amount of the bond could even be determined.

Trustee Bob Ferlazo agreed with Mr. Merchant that it would be prudent to consult with Mr. May.  He also said he believes the village needs assurance that First Wind has paid its premiums on its insurance policy, which the company representatives said is a $69-million policy.  The total project is a $100-million project, Mr. Raubvogel said.

First Wind plans to bring 132 large loads up Route 5 from Lyndonville through West Burke, through a corner of Barton Village, then up Duck Pond Road.  These large loads will be part of its project to install 16 400-foot wind turbines in Sheffield overlooking Crystal Lake.

The room was full of concerned citizens, but at the beginning of the discussion the trustees said this meeting was a time for them to discuss it among themselves instead of hearing more opinions from everyone.

“Every meeting we have really tried to listen to the people,” said Mr. Merchant.

In other business Monday, two of the trustees chose Mr. Merchant’s company, E.M. Tree Care, to trim under some power lines from Westmore to Charleston.  Mr. Merchant abstained from voting.  He offered to explain something confusing in one of his opponent’s bids, but the other two trustees said he should not discuss it, so he didn’t.

The four bids were sealed, opened at the meeting.  They were supposed to give an hourly rate for a three-person crew with a bucket, chipper, and dump truck.  One of the four bids was a flat total amount and was rejected because it was not specific.

A bid from Down to Earth Landscaping was $220 an hour.  A bid from Northco in Greensboro was just under $400.  The bid from Mr. Merchant’s company was $90 an hour.

Kristin Webb of the Barton Memorial Building Restoration and Revitalization Committee presented the trustees with a check for $1,000 as a first installment for a match for a grant.  She said they had a first meeting with the senior center, moving forward towards working together on a grant application.

She asked if the Vermont Family Theatre could sell popcorn during the village-wide yard sale on Saturday, June 27.  Mr. Merchant said he had no problem with it but wasn’t sure if they might need some kind of a vendor’s license.

Office Manager Lucie Gaboriault said she would look into it.