Fx Selectboard DRB Evaluations Follow Complaints, Lawsuit

Fairfax Selectboard DRB evaluations follow residents’ complaints, lawsuit

Morins seek legal recourse against board chair Steen

As published in the Thursday, February 17, 2005 Edition of The St. Albans Messenger

By LEE J. KAHRS

Messenger Staff Writer

FAIRFAX — The Development Review Board (DRB) here, and the board chair in particular, is at the center of a controversy involving public complaints and a civil suit.

On the advice of town attorney Steven Stitzel, the Fairfax select-board will hold evaluations of DRB members on Feb. 23., following complaints from residents who feel their development projects have been handled improperly by the DRB.

DRB Chair Colleen Steen now faces a civil suit brought by one disgruntled Fairfax resident, who has had lengthy dealings with the DRB.

Calls requesting comment from Stitzel and Steen were not returned as of press time. Board policy prohibits selectboard members, other than the board chair, from commenting to the press regarding town business.

Board Chair Jeff Blake was unavailable this morning. Other than a written statement regarding the selectboard's recent feud with former clerk Tina Levick, he has refused comment on town business since adoption of the policy.

Deanne and Ronald Morin filed the suit in Franklin Superior Court on Feb. 11, claiming Steen has treated their various DRB applications unfairly and with prejudice. The Morins claim that Steen's behavior conflicts with the Fairfax ethics ordinance, and charge Steen with "abusive treatment" of them during DRB hearings.

The suit claims, "Steen has gone far beyond her authority as a member of the local DRB in attempting to delay and frustrate the Morins from obtaining local and state permits, demonstrating her lack of impartiality, and showing a strong bias against whatever the Morins have proposed."

The Morins also claim that Steen has ignored a continued request that she recuse herself from hearings on their projects. The civil suit seeks a court order that would prohibit Steen from further involvement with the Morins' DRB applications, and seeks monetary damages to cover legal fees and other costs.

At a Jan. 24 meeting, the selectboard voted to authorize Blake to contact the town attorney on the question of removing all members of the DRB. Blake, Ed Nuttall, Doug Webb. and Bob Horr voted in favor, with Barbara Murphy opposed.

In addition to resident's complaints about the DRB, there is also a record of animosity between Steen and Selectman Ed Nuttall, who also sat on the DRB as an alternate.

At the Jan. 31 selectboard meeting, according to official town minutes. Blake reported that town attorney Stitzel said DRB members could be removed, "but it was risky to challenge the entire board." Stitzel suggested the selectboard conduct individual evaluations, and if just cause were determined, the board chair would then hold a public hearing with the town lawyer present. The DRB members would have a right to hire their own attorneys.

Nuttall resigned from the DRB on Feb. 7 on the advice of Stitzel, who said Nuttall must either resign from the DRB or recuse himself from the selectboard before DRB discussion and evaluations could occur.

According to the town's official minutes of the Feb. 14 selectboard meeting, selectman Bob Horr questioned Nuttall's ability to be unbiased during the DRB evaluations, based on his poor relationship with Steen. Chairman Jeff Blake asked Nuttall to recuse himself during Steen's interview and Nuttall refused.

Steen presented a letter at that meeting, also questioning Nuttall's right to participate in the evaluations of DRB members.

Stizel returned a call to the Messenger on Friday morning, but refused to comment.