6-YEAR REQUEST TO UPGRADE .3 MILES OF “CLASS 4” ROAD WITH 5 FAMILIES

The documents below show brazen discrimination, grossly misleading and even dishonest statements, and other misconduct by Middlesex, VT officials. The misconduct includes discriminatory use of nearly $8M in FEMA funds provided to help residents recover from severe flooding in 2023 and 2024. The discrimination long preceded the floods (e.g., 2015) but was brazenly expanded after them due to the sheer magnitude of federal help. Misconduct included grossly disproportionate spending on the favored view — e.g., a Board Member and Road Foreman including within a year when his position as Foreman was terminated — to the detriment of others (e.g., a complaining resident who lived on a road that was far worse than the Foreman’s yet received $0 of FEMA funds in the year 2023 when the Foreman’s already-better road received over $400,000). The resident had complained in 2022 after the Foreman threatened the entire group of 5 families after one of them requested road improvements (the threat was to turn their road into a trail). The 2022 threat was followed by Board-level “wagon-circling” in the form of grossly misleading and even dishonest statements as well as explicit discrimination, and it recently led to a second (2026) Board threat if the complaining resident followed through on his stated intent to seek judicial intervention if the discrimination continues.

2015-12-15 Middlesex Board approves upgrade of .4miles of road along vacant land owned by former Bd. Member & Road Foreman (Bd. rejects concern of precedent on ground that a .4mile section is too small to set precedent; 2015 upgrade was not needed to provide emergency or other access for any families)

2019-11-06 S. Bear Swamp (“SBS”) Class 4 Resident offers to pay for upgrade of .1mile hill above his home so also 5 families could climb it in winter)

2021-09 emails from Town Counsel claiming without any basis privilege over his communications with Developer who had taken title to 400 acres of other neighbor’s land and asked for waiver of environmental laws for his development)

2022-08-18 renewal and expansion of 2019 request to upgrade Class 4 section (with expansion needed due to 2022 degradation and asked after Road Foreman threatened still further degradation to trail status).

2022-09-06 Hearing Video (PW: @SvK9KLx) (Bd. rejects even considering .3mile upgrade request, citing concern for setting precedent despite express rejection of that reason in context of 2015 upgrade of Road Foreman’s and Board Member’s road); Bd. Chair says SBS request should come from all 5 families within the .3mile section).

2022-09-23 Chair assures his support if all 5 families Petition and suggests meeting along side of road to discuss

2022-09-29 all 5 families Petition for upgrade (per Bd. Chair’s 09-06 suggestion and 09-23 assurance)

2022-10-04 Bd. Chair cancels roadside meeting, alleging legal restrictions without citation or other basis

2022-10-18 Hearing Video (PW: IK*kv2fE) (threat to turn road into a trail is reported to full Bd.; Chair denies his Sept. 23 assurance of support if all 5 families petitioned; Vice-Chair and 3rd Bd. Member equates request to one to plow and grade their private road and/or driveways; Bd. refuses to even consider the request unless 5% of the Town Petitions to mandate that it do so; Vice-Chair states expressly that she and other Bd. Members are less likely to grant relief requested because 1 of the 5 requesters had, in her view, gone “immediately into lawyer-mode.” Vice-Chair says this while ignoring “lawyer-mode” resident had since 2019 unilaterally offered to pay for .1 mile of the upgrade himself, and also ignoring 2022 threat against the 5 families that preceded any discussion of legal prohibitions of discrimination).

2024-01-10 article that Middlesex had already spent 3x its $1.6 million annual budget just on some of its roads, “draining” its line of credit  

2024-06-24 Minutes (Bd. fires Road Foreman but does so in secret session; says it will provide public explanation but never does; Bd. permits Foreman to vote as Bd. member on his own firing; one Bd. Member abstains).

2024-08-24 Bd. Member (who’d abstained on vote to fire Road Foreman prohibit SBS Class 4 residents from repairing their road themselves even despite its degradation due to Foreman’s >2 years of neglect.  Documents reveal Bd. spent $686K on Bd. Member’s (and Road Foreman’s) road just in 2023 & 2024 (and despite that Foreman’s road was already safer and otherwise better than the SBS section)

2024-08-26 photos proving Town keeps SBS section worse than all other thru-roads, all other Class 4 roads, and even a Trail

2024-10-13 article that Middlesex and may need to move to regional governance

2025-11 objection to Town Survey misleadingly lumping SBS Sec. (where 5 families average <.1mile each) with roads averaging .5 miles per family (and “roads” that are not even passable by car and have with no families at all )

2025-12-29 SBS resident emergency request to extend Town’s 1.6mile sanding for just 100 yards (to cover SBS hill) while Class 4 residents’ sander is repaired; Bd. Chair responds via FPF Post (lacking the courtesy of even a phone call or email) and assures residents that Town would, if a fire or other emergency occurred, try to get a sander out as soon as they could.

2026-01-04 Ltr. to Town regarding Bd Chair’s Dec. 29 FPF Post rejecting emergency request

2026-01-06&10 photo of “road closed” sign, and AmeriGas email saying could not deliver due to “road closure” (at a time when road was plowed)

2026-01-09 SBS resident offer to pay for .2mile of upgrade (assuring emergency access to 2 families) if Town will upgrade just .14 (assuring same for 3 families); Town Counsel writes that he lacks authority even to discuss settlement

2026-01-13 resident emails Town re. urgent need to move Road Closed sign due to significant risks due to false negatives and positives (for outsiders as well as residents); Town ignores request.

2026-01-14 SBS resident email to Town with link to this website (to enable all to have access to facts ahead of Jan. 20 Bd. meeting)

2026-01-15 Cost Data (as provided by Town Counsel) reveals Bd. spent $686K on Bd. Member’s road in 2023 & 2024 alone despite that it was already far better than SBS section.

2026-01-20 Board Hearing to consider whether to consider for upgrade of .3mile SBS section (with resident offering to pay for first .2miles. On motion of new Board Member (Stacey Skadberg) seconded by new Board Member (Larry Rooney), Board agrees to hold hearing Feb. 3 to consider upgrade of the 1st .3miles (and possibly the full .8mile length).

2026-01-22 resident requests for video-link of Jan. 20 Board Meeting, & swears to truth of (and Rule 3.1 ethics compliance for) all statements in website or otherwise provided wrt upgrade request (and invites Bd. and others to do the same)

LAW

Rhodes_v_Georgia (SCOV 2012) (Vermont Constitution’s Common Benefits Clause prohibits Town road decisions based on discrimination or personal animus)

ABA & VBA Guidelines re. lawyer’s obligations wrt Settlement & Civility

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