[0:15] So, it is uh Monday, August 31st, 2026. It is 6 pm. This is a special meeting of [0:25] the Montgomery Select Board and Water Commission. Um, we'll call the meeting [0:29] to order. Um, first, uh, item of business as always is to review and make [0:35] any changes to the agenda. Do any board members have any, uh, additions or [0:40] deletions to the agenda? >> No, I don't have anything. [0:45] » No. >> All right. Uh, not hearing any additions [0:49] or deletions to the agenda, we'll move on to the approval of the August 21st [0:52] special meeting minutes. Um, is there a motion to approve the [0:57] August 21st meet? Can we just Can we Can we Can we not talk? [1:03] » Thank you. >> I make a motion to approve. [1:08] » I'll second it. >> Okay. So, we have a motion from Dennis [1:10] to approve the August 21st meeting minutes as written. We have a second [1:13] from Mark. Is there any discussion on the minutes? [1:23] Hearing none. All those in favor, please signify by saying I or raising your [1:26] hand. I >> I [1:29] » Any opposed? Any abstensions? All right. Motion [1:34] carries and the minutes are approved. Um just as a point of information in case [1:39] folks didn't catch it, Daniel is on the Zoom tonight. So that was the eye from [1:43] the computer. All right. Third item here is to review [1:48] uh a review and analysis of the latest complaints concerning violations of [1:52] state of Vermont open meeting law and municipal conflict of interest policy. [1:56] Um Chris was appointed the leazison to deal with these and [cough] so took [2:01] [clears throat] it up to work through this new set. So I will turn it over to [2:06] Chris. Um I just want to verify with you Chris that in preparing this you worked [2:12] independently uh of other board members. um and just put this together by [2:17] yourself. Correct. >> That's correct. [2:19] » All right, that's enough. >> All righty, [2:23] » Amy. It's not visitors. You'll have a chance to comment. [2:26] » Yeah, but really I must be honest. >> All right. Thank you, Amy. You'll have a [2:32] chance to comment during public comment. Uh so, Chris, I'm going to turn this [2:36] over to you at this point [clears throat] to work us through item [2:39] number four, item number three on the agenda. [2:41] » Okay. So, we have uh we have two complaints that we're addressing and [2:46] I've prepared a report for each. Um, so I'm just going to go over the I'm going [2:51] to go over the report and then the board can discuss and decide whether they want [2:54] to agree with the findings of the report. [2:57] » I don't mean to interrupt. >> Amy, you're going to have a chance to [2:59] comment during visitors. >> Copy of the agenda that I can have. [3:03] » A copy of the agenda. There might be one on the board outside. You can grab it if [3:06] you want. [3:11] » Okay. So, we'll start with the August 23rd written complaint from Josh [3:16] Howard. And that complaint contains two [3:20] allegations. The first one is uh pursuant to Vermont's open meeting law 1 [3:25] VSA 312, meeting minutes must serve as a true indication of all public business, [3:29] including a record of official documents received and any material public access [3:33] disruption. Sorry. [3:36] » The relevant law here is 1 VSA 312B1 and it requires that minutes shall be [3:43] taken of all meetings of public bodies. The minutes shall cover all topics and [3:47] motions that arise at the meeting and give a true indication of the business [3:50] of the meeting. Minutes shall include at least the following minimal information. [3:54] All members of the public body present. All other active participants in the [3:58] meeting. All motions, proposals, and resolutions made, offered, and [4:03] considered. and what disposition is made of same and the results of any votes [4:07] with a record of the individual vote of each member if a roll call is taken. [4:12] 1 VSA 312 sets a minimum standard of requirements for what must be included [4:16] in the meeting minutes. This standard does not include a list of documents [4:19] received and it does not require written comments submitted by the public to be [4:23] included in the minutes in their entirety. The standard also does not [4:27] specifically include public access disruptions. In this instance, the [4:31] reference document was was included in the August 21st select board minutes and [4:37] it's in the minutes pages 13 through 15. The recommendation is that no violation [4:43] occurred. [4:47] The second allegation is that the town's interactive public Zoom link failed to [4:51] function, completely blocking remote citizen participation. [4:55] This represents the second meeting where this spec specific technological failure [4:59] has occurred. The select board has long-standing firsthand knowledge of the [5:02] systemic defect as members of the select board personally tried to open the [5:05] broken link a few weeks ago live during a public meeting. Because the board [5:09] possessed clear advanced notice that remote public access was non-functional [5:12] and failed to correct it, proceeding with official board deliberations [5:15] constitutes a distinct and actionable open meeting law violation. [5:20] In the 7 in the 7:20 uh July 20th select board meeting, Josh commented that the [5:25] Zoom link was not working and that's on the meeting recording starting at 9:07. [5:30] Several people in the room tried the link and the consensus seemed to be that [5:33] the link was not clickable on some phones, but copy pasting the link [5:36] worked. The meeting agenda for the August 21st select board meeting [5:41] included a Zoom link as well as a Zoom meeting ID and passcode. Three members [5:45] of the public, John Chamberlain, Alyssa Hardy, and Brent Goden, participated in [5:50] the August 21st meeting via Zoom. They were offered an opportunity to make [5:53] public comment, and that's on the meeting recording starting at 1:2428. [5:58] All three participants responded when their names were called, mostly stating [6:01] that they did not have any comments to add. [6:04] Also at 5:01 p.m. on August 21st, a community member posted on the McGomery [6:09] area ver Montgomery Vermont area community forum Facebook group [6:13] encouraging people to join the select board meeting via Zoom. The post [6:16] included an incorrect link to the Zoom meeting. [6:20] » Can you slow down a little bit? >> Sure. [6:24] Relevant law 1VSA 312A3 [6:28] requires state level public bodies to hold all special and regular meetings in [6:33] a hybrid fashion. This requirement does not apply to local bodies such as the [6:38] Montgomery Select Board. Local public bodies are required to [6:43] provide electronic access to a meeting if they receive a written request for [6:47] access. The Vermont Secretary of State provides [6:51] an open meeting training video and there's a link to it in the report that [6:55] provides more information about these requirements. [7:00] The select board is not required by one VSA 312 to hold meetings in a hybrid [7:04] format unless a written request for electronic access to that specific [7:08] meeting has been received. No such request was received for the August 21st [7:13] meeting. Nevertheless, the August 21st Select Board meeting was held as a [7:17] hybrid meeting. Three members of the public participated in the meeting [7:20] remotely via Zoom. Many factors can cause someone to have [7:24] trouble connecting to a Zoom meeting. These factors can include internet [7:28] connection issues, problems with the Zoom app, or user error. The select [7:32] board has no control over any of these factors. [7:36] In the July 20th meeting, Josh reported difficulty clicking on the Zoom link. [7:40] Several people in the room tried the link and the consensus seemed to be that [7:43] the link was not clickable on some phones but copyping the link worked. The [7:48] URL for the Zoom link is generated by Zoom. Zoom support provides some [7:53] troubleshooting steps to follow when having trouble connecting to a meeting [7:57] which include manually entering the meeting ID and passcode. [8:01] The Vermont the Montgomery Vermont area community forum Facebook post that [8:05] contained an incorrect link may have also contributed to some members of the [8:09] public having trouble connecting to the August 21st Zoom meeting. The select [8:12] board has no control over the Facebook group or the account that posted the [8:15] incorrect link. Recommendation, no violation of [8:33] And then um the motion >> the motion that we should make would be [8:39] » if we make I'll make a motion to accept. >> Okay. I had can [8:43] » both. >> Okay. And uh the the wording um of the [8:48] motion should be after reviewing the facts and applying the law as described [8:51] in the report. I move that the select board find that no violation occurred [8:55] and that no cure is necessary and that a copy of the report be attached to the [8:58] minutes of this meeting. >> Yeah, [9:01] » that's that's the motion. >> Uh so we have a motion from Mark. [9:07] Is there a second? [9:11] Second. We have a motion made and seconded. Is [9:15] there any discussion? So um I've zoomed on twice. having an issue. [9:22] So are there and this is this is just a [9:28] question that probably might not be able to be answered but the people that are [9:30] having problems is it consistently the same people is it they can get on one [9:34] time and on another time I I mean I'm not something that we're going to be [9:37] able to solve the problem now but um is this a an action to I mean because [9:44] it is a hybrid form or um maybe in good faith are we I mean is this a contacting [9:51] Zoom or is this more were you looking this specific at a user error? [9:55] » Well, I think probably I think what I think the issue probably is is that when [10:01] you click on the link, what what happens when you click on the link depends on [10:05] what app you're using to display the document. So, that may be different if [10:08] you're on a if you're on a computer versus a phone and the uh the agenda [10:13] goes out as a PDF document. So depending on what PDF viewer you're using, it may [10:18] behave differently and I think that's probably what's causing the issue. [10:23] » Is this just for you guys right now? >> What I want to know. [10:27] » So is when when we when we post this um on the website, can they click directly [10:34] from the website with the link? >> Yeah. So, when you if you go to the [10:39] website and you look up the the agenda on the drop-own menu, there's two [10:44] options. You can download it or you can preview it. If you download it, you'll [10:47] download the full PDF. If you preview it, the PDF will pop up in a window. Um, [10:53] and in that window, if the PDF is in the right format, the link is live. That's [10:58] what I used to get that computer on there. Um there was one posting of the [11:02] agenda where somehow when the um when the PDF was transmitted to Liz or when [11:11] Liz posted it, the link was a dead link. It like didn't go anywhere. Um and we [11:16] didn't realize it until that meeting. That was when the the link was grayed [11:20] out. It wasn't blue. >> Um I think we resolved that in terms of [11:23] how things are set and how it gets posted. But I have been checking that [11:26] when it gets posted to make sure that the link is live. So now that we're we [11:31] offer a hybrid function for people um is there something that we can do um before [11:39] the meeting starts that we're ensuring that the link is is viable or I mean and [11:46] and I'm not saying it's possible. I'm not saying it's impossible. I'm just [11:48] saying that to appease or to help um the people or the people. I mean I like I [11:54] said I've done it twice. I haven't had an issue. I've done it on my computer. I [11:57] haven't done it on my phone. Um, but I just I mean obviously I know an Android [12:01] and Apple have a different operating system and the computer has a different [12:04] operating system whether it's an a Mac or a [12:07] » a regular computer. So um just saying that is there um you know when we when [12:12] we pose this are we making sure I mean obviously it's a Zoom thing right this [12:16] not we we they generates the link Zoom generates the link we don't generate the [12:20] link >> and that link is generated and from what [12:24] you said when it's blue it means it's live I think that's the [12:27] » that's my non-technical way of phrasing that but [12:32] » and I would say the other thing that we could do is just make sure that people [12:35] know that if the link doesn't work they can you can go on Zoom, you can go to [12:39] the Zoom website and you can click join a meeting and you can type in the [12:42] meeting ID and passcode. >> Okay. [12:46] » One thing I don't want to make a I do not want to make a friendly amendment um [12:52] to to what was motioned, but something that my takeaway on this is that there [12:57] is a concern about the Zoom and accessibility. Um, I what I'd like to [13:03] do, you know, is with the board's kind of agreement, if you will, I think it [13:08] might be helpful if I could uh go into the town office, maybe talk to Liz um [13:12] and and better understand like what all of these processes are because I think [13:17] we've been doing it the same way for a really long time. And as far as I know, [13:20] it works, but some people have had issues. Uh, I wonder if there's um if it [13:25] might be helpful for me to just go through and see if there are any [13:28] accessibility improvements or recommendations that I can make like how [13:31] links are posted, how meetings are posted. Um, looking at the user [13:34] friendliness of the website, just maybe try to have a a comprehensive look at it [13:39] and maybe solicit input from the community if they have, you know, [13:43] requests something that might make it easier or make this hybrid system work [13:47] better for them. understanding that none of this is a promise that anything will [13:50] change, but just to see if there are improvements that we can do without [13:54] detracting from, you know, the the requirements of the meeting. [14:00] » Sure, Daniel. Yeah, by all means, if you want to dig [snorts] into it. [14:04] » Yeah, I would I would say I think uh looking at the the usability of our [14:09] website and those processes is a great idea. Um, in terms of the actual Zoom [14:14] link, I don't think it's going to make much difference because a Zoom link is [14:17] just the address of a web page. And so, it's either clickable or it's not. I [14:22] mean, it's either it's either in the document as a link or it's in there as [14:26] text >> and it's probably I think probably most [14:30] of the issues are maybe specific to a particular platform like particular, you [14:36] know, phone configuration in PDF viewer that's causing the link not to [14:42] not to be active >> because it is active on when you open it [14:47] from a computer. It is active and it works. [14:52] » All right. Any other discussion on the motion? [14:58] » Hearing none. All those in favor, please signify by saying I or raising your [15:01] hand. I >> Any opposed? [15:06] Any abstensions? I will abstain. [15:11] Uh, the motion carries. Chris, back to you. [15:17] » Okay, so the second complaint is an August 21st complaint from Carrie [15:24] Quinton and it has several allegations. Uh, [15:29] allegation one is that Charlie's 33125 email violated open meeting law. This is [15:35] the wastewater email. Um, and this uh was actually I think maybe the complaint [15:40] was written before um the result of our last meeting, but this uh open meeting [15:48] law question was covered in last week's report. [15:52] » Um, and the uh complaint says that um that [16:00] it that the email constitutes a meeting under one VSA 312 and it is possible [16:06] for emails to constitute a meeting under 1 VSA 312. But in this case, Charlie's [16:11] email does not meet the definition of a meeting because it did not discuss [16:14] business of the select board. It discussed a public election. [16:19] So the recommendation there is that no violation occurred. [16:23] The second allegation is that Charlie's [16:28] 33125 email violated the public records act [16:33] one v one VSA 316. Charlie's [16:38] email was released in response to a July 27th public records request from Carrie [16:44] Quinton. And the email is attached to the minutes of the August 3rd McGomery [16:48] Select Board meeting. And the email includes and the the response to the [16:54] public records request includes the list of BCC recipients. [17:02] So the um the al the allegation here was that the use of the BCC function was [17:11] a violation of the public records act. >> Are you going through the first letter [17:17] or are you going through the one that I gave you recently? [17:20] I'm going through I'm going through the um I'm going through your [17:26] » the stuff that you submitted that was that was in the um minutes of the last [17:31] meeting >> that you submitted on August 21st. [17:36] » Okay. Thank you. >> The other the other email that you sent [17:40] um was a list of questions and it did not appear to be a complaint. It was [17:44] just a list of questions. >> Exactly. I was like wait. [17:46] » Yeah. So I'm not going through that. All right. Um, so the BCC function is [17:53] commonly used when sending a mass email in order to avoid sharing the email [17:57] addresses of each recipient with all the other recipients. The email was released [18:01] in response to a public records request on July 27th. The response to the public [18:06] records request included the list of BCC recipients. [18:10] Recommendation, no violation occurred. >> I just added all this to add to your [18:16] meeting. It wasn't [18:23] We'll have chance for public comment when we get to public comment. We're [18:26] going to let Chris continue. We're going to let Chris continue with his report. [18:30] » Allegation three, Charlie's 33125 email constituted abuse of town resources and [18:36] impermissable impermissible electioning. The email was sent from mcgomery [18:41] selectboard.charie@gmail.com. A free Gmail account created by Charlie. [18:46] The email did not use any non-public or confidential town information. No town [18:51] resources were used to send the email. The relevant law here uh is the [18:56] municipal code of ethics uh misuse of position, misuse of information, and [19:01] misuse of government resources. >> [snorts] [19:05] » A common thread running through the recent complaints seems to be the [19:08] misconception that select board members must remain neutral or impartial on [19:12] public policy questions and that it is somehow improper for them to advocate [19:16] for a policy position. This is not the case. Select board [19:21] members are elected officials and it is entirely acceptable for them to hold and [19:25] advocate for policy positions. see the report on investigation into [19:30] ethics and OML complaints which is the report from last week's meeting. [19:35] The 2022 article ask do select persons have to be impartial by VLCT municipal [19:43] assistance center attorney Garrett Baxter also explains this common [19:46] misconception. Do select persons have to be impartial? [19:50] And this is this is a quote from the article. Do select persons have to be [19:54] impartial? >> Not always. one article, correct? [19:58] » It's from uh Vermont League of Cities and Towns Municipal Assistance Center. [20:04] And there's a uh there's a link to it in the in this report. There's a link to [20:10] the folder. >> So, where do I find that report though? [20:12] » It'll be >> Will it be posted? [20:15] » It'll be posted to the minutes. >> Yeah. [20:17] » Okay. >> Do select persons have to be impartial? [20:21] Not always. It depends on the context. Like all other elected officials at the [20:26] local, state, or federal level, select persons are first and foremost [20:30] politicians. Politicking involves finding common ground where it exists, [20:35] engaging in horse trading, advocating for or against people, projects, and [20:40] positions, and sometimes taking sides. There's a widespread misconception in [20:45] local government that a select board must be impartial in all matters that [20:48] come before it. This is simply not the case. Context is key. [20:54] Many people run for office because of something they want to accomplish or [20:58] because of a particular issue that sparked their spirit of civic [21:00] engagement. Publicly taking a position on an issue will generally not [21:05] disqualify a select person from participating in a legislative [21:09] rulemaking or executive administrative context so long as some unique benefit [21:15] is not conferred upon them that is not afforded to the rest of the general [21:18] public. Bias, a preference or inclination that [21:23] inhibits impartial judgment, typically only becomes a disqualifying factor when [21:27] a select person acts in a quasi judicial context, i.e. when it is acting like a [21:32] court. Examples of when a select board serves in this role include when it's [21:37] hearing a dog bite complaint or when it's sitting in judgment of a tax appeal [21:41] as a member of the board of civil authority. [21:46] The email did not use any non-public or confidential town information. [21:49] Therefore, there was no violation of 24 VSA 1993D. [21:54] It did not use any town resources. Therefore, there was no violation of 24 [21:58] VSA 1993E. The email provided no personal or [22:03] financial benefit for Charlie. Therefore, there was no violation of 24 [22:06] VSA 1993 C. Recommendation, no violation occurred. [22:14] Allegation four, the August 17th special town meeting violated 1 VSA 312, which [22:21] states the public must be able to hear the conduct of the meeting and be heard [22:24] throughout [22:28] Vermont opening law 1 VSA 310 item item five defines the term meeting [22:35] and 5E explicitly excludes special town meetings. 5E says meeting does not mean [22:41] a gathering of the voters at a municipality for the purposes of [22:44] conducting an annual or special municipal meeting. [22:51] the cited section of 1vsa 312 to be able to hear the conduct of the meeting and [22:56] be heard throughout the meeting which is from 1vsa 312 part u section a part c2 [23:05] applies to meetings where a member of the body is attending remotely even if 1 [23:11] vsa 312 did apply to the special town meeting town meetings do not allow [23:15] remote participation so this section would not apply [23:19] recommendation No violation occurred. [23:26] Allegation five, the August 17th special town meeting [23:31] should be invalidated based on Charlie's conflict of interest, his failure to [23:35] abstain, and failure to provide a legally audible forum. Charlie must [23:40] abstain from participating in or presiding over any and all citizen [23:44] petitions or special meetings in the future. [23:48] So, facts. On June 15th, 2026, the select board adopted the short-term [23:53] rental ordinance. On July 6th, the select board received a petition seeking [23:57] a special meeting to disapprove the ordinance. On July 13th, the select [24:02] board warned the August 17th special meeting to act on the following article [24:06] of business. Shall the town of Montgomery disapprove the short-term [24:10] rental ordinance adopted by the select board on June 15, 2026, thereby [24:14] rendering said ordinance null, void, and of no legal effect via petition 24VSA [24:20] 1973. The special town meeting was held on [24:24] August 17th and was presided over by Jacob Rekusen, the moderator elected by [24:29] the town. The audience microphones were not working during the first part of the [24:33] meeting. The moderator encouraged everyone to speak loudly or come to the [24:37] front of the room and use the moderator's microphone if needed and [24:40] offered to repeat questions or comments as needed so that everyone could hear. [24:44] The microphone issue was fixed during the meeting. [24:49] Relevant law 17 VSA sections 2640 through 2667 [24:55] regulate the conduct of town meetings. 17 VSA 2641 requires that a town meeting [25:01] be warned not less than 30 nor more than 40 days before the meeting. [25:07] 17 VSA 2666 requires that neither the warning, the notice, the official voter [25:13] information cards, nor the ballot itself shall include any opinion or comment by [25:18] any town body or officer or other person on the matter to be voted on. [25:23] 17 VSA 2667 requires that the legislative body of the municipality [25:29] shall take reasonable measures to ensure that voters who are elders or have a [25:33] disability may conveniently attend annual or special meetings, provided, [25:37] however, that such measures need not be taken if doing so would impose undue [25:40] hardship on the town. Measures may include location of meetings on the [25:44] ground floor of buildings or providing ramps or other devices for access to [25:48] meetings. 24 VSA1973 [25:52] allows voters to petition to disapprove an ordinance by submitting a petition [25:56] signed by at least 5% of the voters within 44 days of the adoption of the [26:00] ordinance. 24VSA1973 then requires the select board to call a [26:05] special meeting within 60 days from the date of the receipt of the petition. [26:10] The select board received petition calling for a vote to disapprove the [26:13] short-term rental ordinance. The select board warned the meeting as required by [26:18] 17 VSA 2641. The warned article warned article did [26:24] not contain any opinion or comment. So there was no violation of 17 VSA 2666. [26:31] This is the only action the select board takes with respect to a petition. The [26:35] question then goes to the voters of the town at the special town meeting. [26:40] 17 VSA 2667 requires reasonable measures to ensure [26:45] that voters who are elders or have a disability may conveniently attend [26:49] unless doing so causes undue hardship. The town hall where the special meeting [26:53] was held has ramps and an elevator to ensure wheelchair accessibility. There [26:58] is no specific requirement that microphones be provided. [27:02] The audience microphones were not working at the beginning of the meeting. [27:06] The moderator made reasonable efforts to ensure that everyone could hear the [27:09] proceedings. He encouraged everyone to speak loudly or come to the front of the [27:13] room and use the moderator's microphone if needed and offered to repeat [27:17] questions or comments as needed so that everyone could hear. [27:22] The complaint also claims that Charlie has a conflict of interest, but does not [27:26] identify a specific conflict. This conflict of interest claim has already [27:31] been addressed in the report from last week. [27:35] Charlie's affiliations with VLCT, Vermont Land Trust, Working Lands [27:39] Enterprise Board, etc. do not create a conflict. Not because these are [27:44] reputable organizations whose missions benefit Vermont communities, but because [27:49] none of these organizations have any stake in the outcome of Montgomery's [27:53] wastewater project or short-term rental ordinance. [27:57] A conflict of interest does not exist in a vacuum. It must be tied to a [28:02] particular issue. In order for one of Charlie's [28:05] affiliations to cause a conflict on a particular issue, there would need to be [28:10] evidence that Charlie through his affiliation with the organization stands [28:14] to gain or lose something based on the outcome of the select board decision. [28:19] The complaint does not identify which organization is involved or what [28:23] interest that organization might have in the wastewater or short-term rental [28:26] issues. The complaint also claims that Charlie [28:31] was not impartial. There is no requirement that select board members be [28:35] impartial on questions of public policy. The job of the select board is to [28:40] supervise the affairs of the town 24 VSA872. [28:45] When a proposal such as the wastewater project or short-term rental ordinance [28:49] comes before the select board, each select board member studies the issue, [28:53] asks questions, listens to public comment on the issue, and discusses the [28:57] issue with other members in open meetings. Each member forms their own [29:01] opinion as to whether they are in favor or opposed to the measure at issue. [29:05] Having an opinion on a public policy issue is not evidence of a conflict. In [29:11] many cases, as in the case of the short-term rental ordinance, petitions [29:15] are brought for the purpose of reversing or undoing an action taken by the select [29:19] board. Therefore, it should not be surprising for a select board member to [29:24] be opposed to an article that is brought by petition. The fact that a select [29:28] board member disagrees with the petitioner's policy position does not [29:32] indicate that there must be some hidden conflict of interest. [29:37] At the town meeting, voters ask questions, share their opinions, and [29:41] hear perspectives from both sides of the issue, and the voters make a decision. [29:46] There is no requirement that select board members remain silent during this [29:49] process. As the elected representatives of the voters, it is entirely [29:54] appropriate for select board members to explain the select board's actions and [29:58] the reasoning behind them to the voters. The special town meeting is not a select [30:03] board meeting. It is a meeting of the voters of the town of Montgomery. [30:07] Charlie did not preside over the meeting. The presiding officer of the [30:11] meeting was Jacob Racusen, the moderator elected by the town. Charlie's actions [30:16] during the special town meeting included participating in floor debate when [30:19] recognized by the moderator and voting. These are actions that are available to [30:24] every voter at the meeting. Recommendation. [30:28] The petition to disapprove the short-term rental ordinance was handled [30:32] properly by the select board. There is no cause to invalidate the result of the [30:36] August 17th special town meeting. Charlie has no obligation to abstain [30:41] from future special meetings or select board action on voter petitions. [30:50] » I'll make a motion. >> Okay. [30:52] » Did you have >> same motion as before? [30:53] » Yeah. >> After reviewing the facts and applying [30:55] the law as described in the report, >> I move that the select board find that [30:59] no violation occurred and that no cure is necessary and that a copy of the [31:02] report be attached to the minutes of this. [31:04] » Yeah, that's the motion. We have a motion from Mark. Is there a [31:09] second? >> Second. [31:12] » Thank you, Dennis. Is there any discussion on the motion? [31:19] Not hearing any. All those in favor, please signify by saying I or raising [31:23] your hand. >> I. [31:25] » Any opposed? Any abstensions? I will abstain. And the [31:30] motion carries. That brings us through item three. [31:35] Uh moving on to item four. So this is um board process for receiving written [31:40] comments and communications. Um so I'm looking for guidance from the board on [31:44] this. We only started accepting written comments back in July. Um [31:51] since then given the volume and timing of the material that we've received um [31:55] you know the minutes from August 3rd were 24 pages long. The minutes from [31:59] August 21st were 19 19 pages long. for the comments. Um, timing wise, we [32:05] sometimes get stuff given to us at the meetings, stuff comes in the Monday [32:09] following. We also get stuff submitted Thursday with a request to put them on [32:14] the following minutes. So, so timing is kind of unclear. Um, and there's also [32:19] some questions about the content. Um, specifically, if we receive written [32:24] comments that include profanity, how do we handle that? Um, and so, uh, I'm [32:29] looking for some guidance from the board as to how to handle written [32:34] communications or written comments the board receives. Again, when we started [32:38] receiving them and recording them in July, I did that on my own. I didn't ask [32:43] the board. I just said, "Sure." Um, but now I am looking for the board to [32:48] provide some guidance on how we how we handle this. Um, again just given the [32:54] volume, the timing, the content, and then the physical requirements of having [32:58] to actually record all this stuff on archival paper. [33:00] » Is there any um guidance from like the state of how to handle [33:05] » So according to state law, the minutes cover uh basically just three things. [33:10] Who was there, the motions that were made, and then the result of any votes. [33:14] Um, so the requirements for the minutes in one VSA 312 are are limited. It's who [33:20] was there, motions, proposals, resolutions made, and the outcome of the [33:23] votes, [33:28] » but there's nothing anywhere saying when you do get a written request, what you [33:32] have to do. >> No, there isn't. Uh, the towns handle [33:35] this differently. Um, there are towns that have uh written board policies, [33:39] which we've talked about in the past, that talk about uh taking written [33:44] communications and putting them in a file. It's available on public record. [33:48] Um, I haven't found any board or city council that actually accepts written [33:53] comments and records them with the meeting minutes. Um, [33:58] but there's no there's no formal guidance other than that. Um, if you [34:02] read things that are out there about minutes, um, some of the stuff that [34:06] you'll find it is statements like the minutes exist to record the board's [34:10] business. It's not a forum for public discussion. Um, but there's no other [34:15] guidance beyond what's in state law from the state. [34:18] What was it about the profanity? >> Uh my question related to profanity was [34:23] what do you do if there's profanity in written comments? Um I don't feel [34:28] comfortable censoring someone's written comments or editing them. Um, [34:33] » well, because >> um, so, uh, [34:39] » board members, >> if you can't be quiet and act [34:42] respectfully, >> I asked you because sometimes [34:45] » you'll get a chance during public comment to talk. So, when you're [34:48] recognized, you'll have a chance. Thank you, Amy. [34:51] » And, she just turned around and told me. >> Thank you, Amy. Okay, let's all try to [34:55] behave like third graders and kind of keep their hands to oursel and stay [34:59] quiet and and not be mean to other people. We're just going to, you know, [35:04] be ourselves. So, >> all right, board members, [35:09] what do you want to do with written communications that are received either [35:14] at a meeting or between minute meetings? H how do you want to handle this? [35:20] So, have we always accepted written? [35:25] » No, we we only started really doing it back in July. It was at the request of a [35:30] member of the community that didn't feel comfortable speaking publicly and I [35:34] said, "Just give me your comments and I'll record them with the meeting [35:36] minutes." >> Um, [35:39] following that seemed to kind of >> open the floodgates to that. Um, and so [35:45] again, given the timing, the volume, the content, [35:49] » I'd like to figure out something that, you know, we can do to receive these, [35:54] um, but also make the minutes manageable and, you know, in the in the format [35:59] that's appropriate given what they're there to do. [36:08] » Yeah. I I feel like the minutes aren't really the right place for those. I [36:13] wouldn't be opposed to posting them somewhere else [36:18] if there if there's another place to do that. [36:21] » So like you mean physically post a copy? >> Well, I was thinking on the website is [36:25] what I was thinking. But >> yeah, my only concern with that is that [36:30] then we end up with a part of our website that really looks a lot like a [36:34] comment section on the Facebook post. Um, and we all know what happens in the [36:38] comment section of the Facebook posts. >> That's a that's a good point. And then [36:41] it it becomes an there's an onus on the board to either moderate that or respond [36:46] to it which kind of creates a separate dialogue from what's happening. [36:53] I mean I'll offer that the and I have not done an exhaustive survey of other [36:57] boards policies but the policies that I have looked up the ones that I have read [37:01] that have policies [clears throat] related to this seem to say that they [37:05] accept the comment. um they'll record it received and they'll keep it on a file [37:09] that's available for public inspection. Um they don't record it with the [37:13] minutes. If it is a comment that gets at a specific policy um such as conflict of [37:20] interest policy, complaint policy, dog policy, then that policy governs what [37:24] happens with uh the comments beyond that. [37:37] There's there's kind of a distinction between maybe there's a distinction also [37:40] between a comment and versus a versus a written complaint because complaints [37:45] would ideally have a policy for how to handle those depending on what type of [37:50] complaint. So in the case of that if a complaint [37:54] was received in writing at a meeting it would be taken stamped as received filed [38:00] and then the complaint policy would govern the next steps associated with [38:04] that >> similar to if a written complaint about [38:07] a dog was handed to us. Um if it was just written comment related to [38:13] someone's opinion on the color of the new trucks uh that would be stamped as [38:18] received and it would go into the file and retained. uh that's available for [38:22] public inspection, but it would not get posted with the minutes or anything [38:26] happen beyond right. [38:32] » So, we're talking about people are just writing an opinion that can't be here. [38:37] Is that or because they don't? >> So, what we're getting now is we're [38:42] getting things handed to us at meetings. We're getting communications emailed to [38:46] us before and after meetings with requests that they be recorded with the [38:50] minutes. [snorts] Um, we're getting stuff all sorts of ways [38:54] » and the the law states that we're not required [38:58] to >> one VSA 312 simply states that the [39:02] minutes cover who was there, the motions, proposals, resolutions made, [39:05] and the result of the votes. Our minutes tend to be a little bit more [39:10] than that just to give a little bit more color into like so for example when Mark [39:15] provides an update on public works we tend to give a short synopsis of the [39:19] guys are working here they're finishing that up so we try to add a little color [39:23] I mean if you go back into the town records and look at minutes from like [39:26] the 70s some of these are less than onethird of a page long for a meeting [39:31] that lasted six and a half hours >> so um we've gotten a little bit more [39:38] verose with our minutes over the years. Um, but state law, three things, who was [39:43] there, motions, proposals made, and the result of the votes. [39:47] » Larry had a question. >> Can it wait until public comment? [39:50] » I'm okay. >> Thanks, Larry. [39:52] » Just trying to help you out. >> I just I don't want to start selectively [39:56] letting people talk whenever. So, we're going to handle everything during public [39:59] comment. Um [40:04] » um >> I'd like I'd like to just look into it [40:09] more and then see what you know. >> Okay. [40:12] » If you want to table it, that's fine. I just as as the person who currently is [40:16] taking the minutes. >> I don't feel comfortable making a [40:19] unilateral decision about this one way or the other just as I don't feel [40:22] comfortable censoring something that comes. [40:24] » I'm hoping hoping this is going to slow down. [40:26] » Okay. >> All right. If if that's fine, if folks [40:29] are comfortable tableabling this, we can. Um, it also brings up the broader [40:34] question that came up at a couple meetings around board policy related to [40:37] things like if we are doing a hybrid meeting and the meeting glitches, what's [40:42] the process for addressing it? So, we can look at a a board policy about [40:46] meetings too if we want to. >> Yeah. [40:48] » Um, so we can certainly look at that, but if [40:50] » maybe that's >> if the consensus is that we want to [40:52] table it for this evening, that's >> totally fine with me. [40:58] Yeah. >> Okay. [41:00] » Sounds like the consensus is to table it. So, we'll carry that item forward [41:03] while folks can think on it and um do a little bit more digging if they want to. [41:08] That brings us to item five. This is the Northwest Fiberworks lease agreement. Um [41:13] so, I will point out that this is one area where if the board does want to go [41:17] into executive session, we can because it's essentially a contract. And so [41:22] premature public knowledge of our positions related to a contract during a [41:25] contract negotiation is a mechanism whereby we can go into executive session [41:31] because the premature knowledge of our discussions could put us at a [41:34] disadvantage. Um I'm not saying we have to do that. Um I don't think there's a [41:39] lot in here that's proprietary or or secretive. Um I'll walk through. So, was [41:46] there anybody else >> interested in doing a lease with us for [41:49] » So, we do have So, we have two we have two uh two entities looking to enter [41:54] into an agreement with us. The first is Northwest Fiberworks. This is the one [41:57] that we've got before us tonight. They're the ones that want to put the [42:00] equipment in the firebase um storage area in the back. Doug is working with [42:05] them very closely on that. Doug has reviewed all this and is okay with it. I [42:09] will say um the other entity is north is uh NEK broadband or NEKCU. [42:17] Um they're also looking to enter into an agreement with us that would be to house [42:21] equipment outside of the building uh on a separate [42:25] thing that they would have access to out there. Um they have not gotten back to [42:30] me with detailed responses some of the questions I posed. So we don't have [42:34] something to act on by them tonight. But those are the two groups that are [42:38] looking to utilize space here. >> Oh, okay. [42:42] » Are we are we looking at So, we're not we're we're in the position to pick one [42:47] or the other. >> No. No. So, this So, so this is Sounds [42:49] like >> uh NEK broadband is coming over the hill [42:52] down 242 and Fiberworks is coming in from the west. So, Montgomery is going [42:58] to be served by two different communication districts. Yeah. Um, and [43:02] because essentially both of their lines terminate in Montgomery, they're both [43:06] looking to house equipment here to assist with the operations of their [43:10] systems. So, North House Fiber Works, um, the [43:15] response to some of the things that were raised in the last uh, draft that we [43:19] reviewed. Um, so the this agreement should be between the town of Montgomery [43:22] and the fire department. That's been corrected here. Um, article three, um, [43:28] there was some conversations around, uh, the free service at the subject [43:32] property, this ser this property. So, um, in consideration for the lease [43:37] agreement, they would give free service to the town. Um, they're also providing [43:40] a generator out back that will then be in our ownership. So, in addition to the [43:44] generator, they're looking to provide free service. I did go back and forth. [43:48] » So, the current cost of the service is 250 a month. So, then they're going to [43:52] wave that. Uh yes, that would be the idea. Dennis, you got a question. [43:55] » They are paying for the generator. >> Yes. [43:57] » Yeah. >> So the generator is being furnished and [43:59] then that reverts the ownership of that uh reverts to the town. [44:03] » Um it will be hooked into their system so that should power fail that generator [44:07] will work for them but it will also work for this building. [44:11] » So this building is okay. >> Yep. [44:13] » Um so I did ask about other places in town and free service other locations. [44:19] The response I got in writing here is that um the free service only pertains [44:23] to the premise in which the equipment is being housed. [44:27] Um >> so let me ask this question. So if we're [44:30] looking at two different >> companies coming in here, does it have [44:33] to be >> one's coming from the west, [44:37] one's coming from whatever, east, north, south, whatever. So does it have to be [44:42] this building? Can one be at a different building and one what I'm getting at is [44:46] that this one's offering free internet service for here like we got you know [44:52] other public spaces is that is it availability to [44:56] » Yeah. So um so I think the location here is what makes the most sense for where [45:02] their service is going to kind of be divided like any K is going to come down [45:06] the hill basically to here. Northwest works is going to come from the west up [45:11] to here. So this location just makes sense in terms of where their service [45:14] lines end. Um I have talked to them a little bit more about where they are [45:19] proposing to offer service in the community um and where we would have [45:23] access to it. So they are going to have service on Main Street. To your broader [45:27] point, if NEK broadband terminates here, um my question to NEK broadband would be [45:34] can you provide us free service here? thinking any uh Northwest Fiberworks [45:39] could provide us free service at some other location on Main Street like the [45:42] town hall. >> Um [45:44] » I have not gotten a definitive answer like on that from either one other than [45:50] that's something that we can do. Um, so my my recommendation once I run through [45:55] the questions is going to be that within this we amend uh we we approve it with [46:01] an amendment to um the third article in here that instead [46:08] of saying >> third [46:09] » um town of Montgomery future fire [46:13] department 86 Mountain Road that we amend that to at one municipally owned [46:17] property. >> Yeah. [46:18] » Yeah. I guess my thing too is that if we don't have the proposal from another [46:23] place, what are their what are they offering? Yeah. For the town, are they [46:26] more amunable to saying all public, you know, all the spaces or [46:31] » Yeah. So, I don't think that would work for them because they're not going to [46:33] the only they're not going to have service that extends to any other of our [46:37] buildings. >> We're just coming to here. [46:38] » So, just so it's going to stop here and it's not going to go that way. [46:41] » That's my understanding. So, NEK would be basically the ones that we'd want to [46:44] provide here. Yeah. and and they have said in principle in an email like [46:48] that's something that they would be amicable to as consideration for the [46:51] agreement. Um but they haven't gotten that to us in in writing yet. [46:56] » So this 250 is what they're saying what like what what's what's our service? [46:59] What are we paying now? >> It's through uh we have a few different [47:04] services here. I talked to Liz about it today. We've got a consolidated account. [47:08] We also have a Comcast business account. Um, I think when you combine all these [47:13] things, it's over 250 a month. >> Yeah. [47:16] » Um, I don't know the exact number we're paying. [47:19] » This building has two different carriers. [47:21] » Yeah, we have an account through uh through Comcast Business. We also have [47:25] an account through Consolidated. I don't quite understand this, but the [47:28] consolidated one I think we have because of the package that they offer. They [47:34] don't I mean I dropped consolidated a while ago, so I don't really know, but I [47:37] guess it's like you you you can't just tease out the phone service the way that [47:41] they were basically pitching it to us. I'm not sure. [47:45] » So our phone services was consolidated. Okay. [47:48] » And my preference would be longterm to figure out some voiceover IP thing so [47:51] that we can just go straight internet and drop the phone altogether. But [47:56] there's some details that have to get worked out there. [47:57] » My yeah concern with that would be is if the internet goes down I mean I guess [48:03] one or the other. If the internet goes down I would think the phone lines are [48:06] going down anyway. So >> um [48:11] okay. >> So [48:15] the generator not only u covers their panel but it it it covers [48:22] this building right that it runs his building. Yep. [48:27] » And who and who's responsible for the update of the generator? [48:30] » Uh we maintain the generator. >> So it's our responsibility. It's a free [48:33] generator, but we're we're we're taking care of it. [48:36] » Okay. >> And and and who's doing that? Obviously, [48:40] it's the whoever's installing it or >> I'd be the company we use to do all of [48:43] our generator maintenance. >> Yeah, we use Milton Cat. [48:47] » Milton Cat does our generator. >> All right. So, oh, sorry. Do you have [48:53] another question? Is that the generators going on in here as Milton Cat? [48:56] » I I haven't walked up to see I don't know what it is, but Milton's Cat is the [49:00] company we use to service the generators. [49:03] » Uh so going again going through our punch list that we sent back to them. [49:06] Article five, exhibit A needs amending. They've corrected that. [49:11] » Yeah. >> Article six, landlord agrees to provide [49:14] electricity electricity. Tenant pays amounts of usage based on monitoring [49:18] equipment. So, um, we can figure out with them whether we want to invoice [49:22] them monthly or quarterly. Um, they're fine with either. Quarterly is probably [49:27] more efficient. >> Um, article seven, [49:31] uh, the generator is a Generrack 30 kilowatt singlephase LP liquid cooled [49:36] transfer switch is a gener 400 amp singlephase automatic transfer switch. [49:42] » Uh, article nine. [49:46] Uh so they have clarified the generators being supplied by Northwest Fiberworks. [49:50] Article 9 is to ensure that any upgrades to the backup battery equipment that may [49:53] be needed in the future is accounted for. Um [49:58] so they addressed the question that we had with article 9. So that should be [50:02] fine. Now uh article 17 the question was [50:06] clarifying the gen the owners the ownership of the generator and they have [50:09] clarified yes the generator will remain with the town of Montgomery. [50:14] Uh, and they fixed the stuff in exhibit A. The header is no longer Alberg. It's [50:20] Montgomery. The address has been fixed. The location has been clarified. And [50:24] which door they're talking about in exhibit A has also been clarified. [50:28] So, uh, they've addressed all the concerns. Um, again, I went over this, [50:34] Doug has gone over this, um, since he has a better understanding of the [50:38] electrical needs plus on the part of the fire department. Um, so my [50:42] recommendation to the board tonight would be to sign this, but that we amend [50:47] article three. Um, >> so that it reads as such service [50:53] delivered to the town of Montgomery for use at and then instead of it saying the [50:58] Montgomery Fire Department, 86 Mountain Road, etc., etc., [clears throat] um, we [51:02] just say at a municipal property of our choosing. [cough] [51:10] » [clears throat] [51:13] » So, this this one here is going to service more of the town [51:18] » than the other one coming in. Is that what you're saying? I [51:20] » I believe that um this this [clears throat] one's going to serve [51:24] more uh residences >> and more of our infrastructure, more [51:29] Yeah. more the town buildings. [clears throat] [51:33] » And Charlie, just to confirm that uh generator backup is going to be for all [51:36] components of the public service building. That's the fire department, [51:39] the town office, and the library. >> Yeah. [51:41] » Yeah. I So, just to clear be clear, I don't think it's it means that we can [51:45] run everything all at once off of it. I think what it means is that should we [51:48] have a power outage that gener that generator will allow the building to be [51:52] used in the capacity of a fire department and an emergency shelter. Um, [51:58] so I don't think we could all be in here at once with all the lights on doing [52:00] stuff like we're doing right now. Um, but it would be a backup so that EMS [52:05] could be served out of that bay and that um, if we needed to make this a a [52:11] shelter, we could do that. [52:19] » So, what I'd be looking for, if folks are game, is a motion to um, adopt the [52:24] lease agreement as amended. And again, the amendment would be article three, [52:28] changing the Montgomery Fire Department, 86 Mountain Road, Montgomery, [52:31] Vermont,05470 to at a municipal property of the town's [52:35] choosing, and then we can work out with them which property you want that to be. [52:40] » So, I'll I'll make that motion through. >> All right. Thanks, Mark. [52:44] » Going to lease. Yeah. Yeah, >> I'll second. [52:47] » All right. We have a a motion from Mark to adopt a lease agreement with [52:50] Northwest Fiberworks. [snorts] We have a second from Chris. [52:54] Is there any further discussion? >> The only the 25-y year lease. [53:00] » Yep. >> That's the only I mean that's [53:03] it's all on lease. >> It is. Um NEK is angling for a permanent [53:07] easement. Um and I'm trying to work on them to figure out like [53:14] why they need that because permanent is a lot longer than 25 years. [53:18] » Uh I think 25 years is probably the lifespan of their equipment. I'm not [53:24] quite sure, but yeah. [clears throat] [53:32] » And again, the it's going to [snorts] be housed in the fire department with [53:35] access through the fire department. Um, and like I said, the fire department [53:40] through Doug, the chief has um reviewed this and they're okay with all that. [53:44] » So, if something goes down the equipment, they're going to get access [53:46] to the building. Yep. >> Whereas the other company would be [53:49] outside. >> Outside. Yep. And so NEK is going to or [53:52] Northwest Fiberworks is going to have a punch code to that outdoor outside door [53:56] to get into the fire bay to get back to their equipment. [54:04] » Any other discussion on the uh on the agreement? [54:13] All right. Not hearing any. All those in favor, please signify by saying I or [54:16] raising your hand. >> I [54:18] » I. Any opposed? >> Any abstensions? [54:23] » Abstain. >> Okay. So, I think what I heard I heard [54:28] three eyes, one abstension. I didn't catch your [54:32] vote, Daniel. >> Oh, I was for it. [54:36] » For it. Okay. >> All right. Um, so motion carries. 401. [54:41] Dennis abstaining. All right. Uh, that brings us to article [54:47] six. Article six. Item six, um, bridge rental agreement with the town of [54:51] Georgia. So, um, as folks should already be aware or if you're not already aware, [54:56] for full disclosure, my day job is the Franklin and Grandal County Forester [55:00] with the Department of Forest Parks and Recreation. I'm bringing this to the [55:04] town to the board for your take on it with that hat on. Um, in my capacity of [55:12] county forester, I work with towns to develop management plans and execute [55:16] work on town forests. Um, I'm working with the town of Georgia to do a timber [55:20] sale on their Silver Lake Town Forest. Um, in order to access that, we need a [55:25] temporary bridge to get over a small stream on the truck road to get to the [55:29] property. Um, I thought we had a bridge secured through the department. Uh, but [55:34] it turned out that it is not available this winter. Um, the town of Montgomery [55:38] has a portable temporary bridge that is sitting up at the water plant. It's been [55:43] sitting in there for >> I'm not sure how much is left of it [55:47] because we used some of it on Brady Road and then some of it on Cotch. So, [55:50] » yeah, I did. So, I did stop and talk to Scott. Uh [55:54] » Randy might say might know how much is left, how many feet. Um, and so what [56:01] what I what I would like what I'm asking from the board tonight is um I guess [56:08] verbal approval [clears throat] to pursue putting together uh some sort of [56:12] an agreement to loan them this bridge. It's going to take going and actually [56:17] figuring out how many pieces are there, the span, getting the stuff. I have [56:21] talked to Scott and he's okay with it. >> Yeah. Um, I will point out that like in [56:25] my capacity as county forester, I have no stake in this timber sale. I don't [56:30] get paid one way or the other from it. None of the proceeds come through me. I [56:35] am a facilitator working on behalf of the department. Um, but I have no [56:39] personal financial or other interest in this timber sale. I'm just trying to [56:43] help another town in Franklin County get work done. So the history of this bridge [56:48] is this [snorts] was a temporary bridge we got when the Lonely Bridge was [56:52] [clears throat] before the Long Lonely Bridge got [56:54] repaired. So we got this bridge through the grant through a grant this temporary [56:59] bridge. Um so we've used two sections of it. We've used one section on Brady [57:04] Road, another section on Cotay. So there's still some of the bridge left. [57:07] So that's what we're talking about. >> Yeah. And I believe the span they'd be [57:10] looking for is like 30 to 40 feet. So I think I think we have enough there, but [57:16] » we can clarify. We have to cut out some of the sumac that's grow through it. [57:19] » Randy might know you know [snorts] how much is left [57:23] » and what would the length of the rental be and the also the revenue from it? How [57:28] much would we charge? What's like a reasonable fee or [57:31] » Yeah. So so the length of time would be this fall through the spring. It would [57:35] be just used for this one winter to execute the timber sale. The uh the [57:39] rental agreement would be up to the town. Um, we could mirror uh the kind of [57:44] rental agreement that the Department of Forest Parks and Recreation uses and the [57:48] fee structure there. Um, at a minimum, I'm going to put on my slugboard hat [57:53] again for a second. At a minimum, I would want us to have at least a bond in [57:57] place so that if the bridge was damaged or destroyed, we get covered. [58:01] » Uh, as to the fee that we charge, that's up to the board. Um, [58:07] so again, tonight I'm looking for the board basically to say we're cool [58:12] looking into that. Um, from this I can work with Scott to figure out exactly [58:16] the pieces that would be needed. Um, I can put together a uh like a rental [58:22] agreement mirroring what the department uses and bring that back to the board [58:25] and we can talk about the the fee structure, too. [58:28] » Yeah. >> But tonight was just kind of a this is [58:31] an idea I've got. Is this something that I can pursue and come back to the board [58:34] with or is this a No, no, no, no, no. We're not renting our bridge to anybody. [58:39] » I don't I don't see a problem with it. I mean, the bridge is sitting there. So, [58:42] » if we have an asset we're not using and we can get some money renting it out to [58:46] a local town in need. That seems perfectly reasonable. I don't have a [58:50] problem with that. >> Okay. All right. Well, if there's no [58:54] objection, I will work with Scott to get the details on this and then at our next [58:59] uh meeting, I'll bring back uh a draft agreement for the board to look at. Um [59:04] and then we can talk about the particulars. But that's great. I [59:07] appreciate that. Um I think anytime towns in Franklin County can work [59:11] together to help each other, it's a good thing. So, [59:14] » I appreciate that. All right. No formal action on that, but [59:19] we'll keep that uh moving. The uh item seven here is the town hall committee [59:24] charter. Um so this was brought at a request of the chair of the town hall [59:28] committee. The request was to amend the composition of the board from seven [59:32] members to five members. Currently their charter speaks of a seven member board. [59:37] They want to drop it to five. So the action would be to amend the town hall [59:40] committee charter to state that the composition of the board is five members [59:44] not seven members. >> What is the reasoning for that? just [59:50] » so yeah. So Tosska, since you're the chair of the committee and this is [59:53] subject to the charter, you're recognized to give whatever background [59:57] you want. >> It's essentially that we have three [59:59] people that show up. So in order to have a consistent quorum, [1:00:03] » okay, >> we would rather have a five member [1:00:04] board. Two of the other members are come and go. [1:00:09] » Um but they're not consistent. So right now we have three solid people that show [1:00:14] up at every meeting and with seven members. [1:00:19] So five is five is work. [1:00:23] » So I make a motion to amend the town hall committee charter to five members. [1:00:29] » Okay, we have a motion from Mark. Is there a second? [1:00:31] » Second. >> Thanks Chris. [1:00:34] Uh is there any discussion on the motion? [1:00:41] Not hearing any. All those in favor, please signify by saying I or raising [1:00:44] your hand. I >> I. [1:00:46] » Any opposed? Any abstensions? You are unanimous by zero. Motion carries. So [1:00:51] that brings us through our agenda to public comment. And so we will go to [1:00:55] public comment now. Um I think I have everybody already here. [1:01:00] We don't have a sign in tonight, but I think I have everybody listed. Um so [1:01:04] we're going to start. We're going to go left to right. Um we're not going to put [1:01:08] a clock on folks, but I would ask that you try to be um concise and uh so we're [1:01:14] not here until late. Um, dope. We're going to start on the left. So, my left, [1:01:19] Cliff, you're up. >> Oh, I just got a quick question. Uh, [1:01:23] [clears throat] what is the status of the updated policies and procedures on [1:01:26] why the my two voicemail messages were uh not given to the town assessor in [1:01:35] order to get to why I had somebody trespass, [1:01:38] not trespass, but walk onto my property without after I warned the town. [1:01:43] » I was like, know where we're at, please. Yeah. So, um, so we don't have a formal [1:01:48] written process or procedure for that. Um, I have spoken with Liz about it and [1:01:52] she has, uh, worked with our tech folks to see what happened as far as where the [1:01:57] gap showed up and she believes it's addressed. Um, [1:02:01] » here's the I would like to know because the next step I want to do is is [1:02:05] probably fight the assessment since it was in violation the law. [1:02:09] » Okay. I mean, I can ask Liz. Uh, >> I don't want to do that. It's just [1:02:13] because I was like all I want is somebody to tell me it's fixed and it's [1:02:17] never going to happen. >> Yeah. So I I believe [1:02:19] » I said show me not say yeah I think it's fixed. [1:02:21] » Okay. So I believe it has been fixed. Um I what what sort of evidence [1:02:26] » is not >> So let me ask you this. Uh you said show [1:02:28] me what what kind of evidence would you like? [1:02:30] » Well just show me what you're doing for procedures and policy that won't happen [1:02:34] again >> because obviously they slipped through. [1:02:38] » Okay. So a written >> please help me out here. [1:02:40] » Yeah. No no. So, I'm just asking what you would like as far as the [1:02:43] » just give me some kind of policy or procedure that this is not going to [1:02:46] happen to anybody else. >> Okay. Looking for the for us to write up [1:02:48] a a procedure that says that this is >> I asked the town. They said, "Hey, call [1:02:52] this number appointment." >> I did it. I did it twice. Left messages. [1:02:56] Okay. >> And still had to show up. So, [1:02:57] » when you say left messages with the town or the assessor? [1:03:00] » The assessor. [snorts] You're supposed to make it over cross over the [1:03:02] electronic stuff. Again, >> my point is I would like to have some [1:03:08] kind of resolve. >> Okay. written resolution. Okay. We I [1:03:11] will >> otherwise I don't want to go down the [1:03:13] other route. >> Heard. So I will work with Liz to get [1:03:16] you something in writing that addresses how it was addressed and then what the [1:03:19] policy is in the office for doing that. Yep. [1:03:21] » Thank you. >> All right. Good. [1:03:24] » Roberta, you're good. Okay. Hi. You're [clears throat] good. [1:03:28] » Y. >> All right. Carol [1:03:31] » for now. >> You're good. Pat, [1:03:33] » um, on the fiberworks, I've been talking about Northeast [1:03:37] Fiberworks. Um, so I had some questions, concerns, and I don't know how the phone [1:03:44] lines that you're currently using down here are run, if they're run pole to [1:03:49] pole or underground. Where we are in Reagan Road, they're underground. [1:03:54] » Yeah. >> And [laughter] [1:03:57] and um that means that if a tree falls on the line, it knocks out the electric [1:04:04] but not the phone. And we can report an outage, [1:04:10] fiber works is going to string it pole to pole. So, if you're going phone over [1:04:14] internet, uh, you're going to lose that when the [1:04:18] line goes down. >> What? We're going to be what? [1:04:23] » It's not It's It's If you go with the NEK, if you leave consolidated, [1:04:29] » if you if you switch your phone service like Verizon or AT&T, I'll use that as [1:04:33] an example. It's not I mean it's apples and oranges but but you have consol I [1:04:37] don't know what you have now but say you have consolidated what he's saying is if [1:04:40] he's consolidated on the Reagan road is underground. If he was to switch over to [1:04:44] NEK they're going pull the poles to his point is if a snowstorm hits power lines [1:04:49] go down that means the phone lines go down if you're using NEK. If you're [1:04:52] still in consolidated you're fine >> right? [1:04:55] » That's what that's what he's saying. It's not saying it's not saying it's [1:04:57] everybody's going NEK. It's it's your choice to switch over. That's for the [1:05:00] town risk. But then they usually can only put it underground to get to your [1:05:04] house >> that you just [1:05:05] » Yeah, but that's but that's >> that's only [1:05:08] » that that's only if but that doesn't have if if something happens up the [1:05:11] street and the pound goes down, you're not going to get phone access or [1:05:13] internet access or that's what he Right. Is that [1:05:16] » I mention it's it's a consideration that's important for me. It may or may [1:05:21] not be important for the town. Yeah, >> great great point to raise with folks [1:05:27] when they're considering whether or not to switch service. I guess yeah, [1:05:31] » but consolidated is Reagan World might have it underground, but I don't know if [1:05:35] other people have it underground. I think it's all it's all it's it's it's a [1:05:39] it's a fin it's a financial burden on them that they make that choice to [1:05:42] either put it underground, which costs more. [1:05:44] » Yeah. and easy cost obviously is to put it up in the air which obviously living [1:05:49] in Montgomery you're going to have a different potentially outcome you know I [1:05:54] use the examples like like the Belelfrey we went to um to Starlink [1:05:58] » for that reason because we were constantly we would lose power we have a [1:06:02] generator but we'd always lose our phone lines and we'd lose our credit card [1:06:06] reader and everything so um and I understand what you're saying I agree [1:06:09] with you I just it's just that it's you know it's [1:06:12] » the preferential of the company how they want to spend spend their money. So, I [1:06:15] mean, it's tough. >> Um, but I think your point being is that [1:06:20] if we're going to use NEK here, we're potentially going to this building's not [1:06:25] going to have internet andor phone. [1:06:30] » Well, if it's strung on a power on a pole and [1:06:35] » Yeah. >> tree falls. [1:06:36] » Yeah. >> Yeah. [1:06:42] » Thanks, Pat. Anything else, Pat? >> No. Okay. Uh Sue, [1:06:46] » not at this time. Thank you. >> Okay. And I will just uh seeing you [1:06:49] reminded me, I'll just let everybody know uh I did check in with DEEC Friday. [1:06:53] They thought they were going to have the written response to the public comment [1:06:58] on the wastewater indirect discharge permit by Friday. They haven't posted it [1:07:02] yet. I haven't heard from them yet this week, but as soon as that does come out, [1:07:06] we'll put something on the website so folks can read that. So, thank you. [1:07:09] » Yeah. >> Um so, we're going to keep going around [1:07:12] in public comment. So, Alyssa, you're good. Tusca, [1:07:16] » I'm good. >> You're good. All right. Now, we're going [1:07:18] to loop to the next row and go back this way. I don't see anybody behind Alyssa. [1:07:22] So, Amy, you're up. >> Me? [1:07:24] » Yep. >> All right. So, Oh, yeah. Mine was kind [1:07:28] of about what um [clears throat] the farmer was talking about because we [1:07:34] had a man probably two weeks ago step up and said [1:07:39] that they had ran ran the fireworks up to [1:07:44] and I was like really and you know and he's coming and he's [clears throat] [1:07:49] looking at our meters and everything and there was nothing up there and he said [1:07:54] they're supposed to be running it and I was like, well, that's kind of far. [1:07:59] And then I was to the understanding that they overtook Consolidation, but no, [1:08:06] » no, >> no. So, in town now, we're going to have [1:08:10] NEK in their service area, Northwest Fiberworks in their area, Consolidated, [1:08:16] which is now Vidium, >> and you can also get Comcast, I believe, [1:08:21] as another alternative. So, there's still going to be [1:08:24] » certain points. >> Certain points. Yeah. Not everybody. I [1:08:27] should somebody going to be that far up? >> So my understanding is that um the [1:08:32] communications union districts are trying to get to the quote last mile for [1:08:37] service everywhere. Okay. >> So they should be running it all the way [1:08:40] up to the geoo. That's that's their plan at least. [1:08:44] » Okay. I just find it funny, you know, because [1:08:48] just where we are, you know. Yep. Um, and then, uh, [1:08:58] I don't know, Terry, this might not have nothing to do with, you know, the topic [1:09:03] tonight, but it has to do with Act 181 and 2, Act 250 that [1:09:12] I'm concerned that there a statement by you that [1:09:21] are going to just take our land by conservation whether you [1:09:27] remember Dennis you said you can get what you want for your land whether you [1:09:31] want you know the price you're asking >> somebody's going to pay if they want [1:09:36] your land they're going to pay for it >> but but that's going away when that [1:09:40] assessor come up he said we're not assessing your property we're assessing [1:09:44] your land your land's going to be devalued we were [1:09:48] Oh, >> this was the nemerric assessor that came [1:09:52] to your property. >> Okay. I mean, the assessor should be [1:09:55] assessing >> devaluing someone's land. [1:09:59] » You're talking about the statewide assessment of everything, properties and [1:10:02] land. I guess I don't I'm just trying to understand, [1:10:04] » right? >> So, this whole state, [1:10:06] » this whole act, it involves the whole act 181. [1:10:10] » I'm not really fully familiar with 181, but [1:10:13] » I would I got something for you and you better be. You're going to be if you [1:10:17] watch this, you will be. But [1:10:21] they're he told he said they're not. He He didn't even care about our building. [1:10:27] He didn't care about what was in our building. He said we're here for the [1:10:32] land. So what I want to know is no. >> Well, [1:10:40] I read statement a statement from Charlie [1:10:46] and in a in a [1:10:51] I believe it was BLCT, but I could be wrong, [1:10:57] that there's going to be a 40-year easement on [1:11:02] certain people's property, which I know mine's one of them because we're not in [1:11:06] current use, down to 10 down to 10 acres [1:11:13] where you're going to prevent us from allowing our son [1:11:20] son's kids to build on our land that we have paid full property. We're not [1:11:27] current use. >> Yeah. Yeah. [1:11:28] » We've always paid full property taxes, >> but because you want it so bad for [1:11:32] conservation that you just want you're just going to snatch it. [1:11:37] » So, do you have can you can you point me towards the statement you think I made [1:11:41] where where I can find it? She said, "I I don't know what you're talking about." [1:11:43] And not no offense. >> Well, I tried to find it right before I [1:11:47] came here, >> but I couldn't. Okay. [1:11:50] » But I've seen it, >> so I'm going to find it. You know, I [1:11:55] will. You know, I will find it. >> Okay. And I'll just say if you can find [1:11:58] what you're referencing and send it to me, I'm happy to address it. What you're [1:12:02] saying does not ring any bells related to anything that I'm aware of. As far as [1:12:07] act 181 goes, that was repealed. Um, and so that's [1:12:11] » but but what you're going to do, so we got our gravel pit. What you're going to [1:12:16] do with the gravel pit is you're going to say it's too close to the beaver [1:12:19] pond. We've already I've already seen this action already occur cuz they were [1:12:26] in our somebody was parked at the Beaver Pond driveway and I walked in there and [1:12:31] I asked them what they were doing. >> When you say they like do you have their [1:12:35] contact information like who this was? They were the natural resources [1:12:41] commission. >> So it was somebody from the Department [1:12:44] of Environmental Conservation. >> Yes. [1:12:46] » Okay. >> And you know what? [1:12:49] » Our gravel pit been there longer than the beavers, but we we protect those [1:12:55] beavers left and right. >> Okay. I'm I'm not aware of anyone trying [1:12:59] to shut down your gravel pit, Amy. So I I don't know. But again, if you can find [1:13:02] the >> find the statements, [1:13:04] » there's a lot of money involved here and a lot of money you want to get away with [1:13:08] because what it's going to what it's turning into be is you have the first [1:13:13] right of refusal. >> Who does [1:13:18] » you? The town >> on what? [1:13:20] » On what? >> On on the properties. [1:13:23] » I don't believe we do. >> Come on, Mark. You can sit there and [1:13:27] shake your head all you want. Your farm is so protected. I can't believe it. [1:13:32] » So So Amy, so if you can if you can find >> I'm gonna find it. [1:13:35] » Yeah, I would love that >> because you know what? Every time I go [1:13:38] in into these um places that I've looked and I found it before, [1:13:43] it there's a red flag saying don't enter this. It's It's dangerous. It's a [1:13:49] dangerous site. You know what? I entered that site today. There's nothing [1:13:53] dangerous about it. >> Okay. Yeah. [1:13:59] » But if you so so if you can find if you can find and send uh send me on the [1:14:03] board a reference to what you're looking at, I think we'd be better able to [1:14:07] address it. So yeah, if you could do that, that'd be great, Amy. [1:14:11] » And it it'd be great if if you would appreciate us some more for what we've [1:14:16] done. >> I will try to appreciate you more, Amy. [1:14:19] But I think I've said in the past, >> what pissed you off, Charlie, [1:14:23] » is when we put our road in right alongside that class 4 road because we [1:14:27] asked for help for many years and you wouldn't help us and you said, "Here we [1:14:32] go. >> I'm going to I'm going to shove it right [1:14:35] up their ass." And that's what you done. >> I didn't shove anything anywhere and I [1:14:39] don't have any opinion left, right, or center on your road. [1:14:42] » Look at Look it. It pissed you off. >> And don't tell me it didn't. That pissed [1:14:48] you off, child. But yet, >> a mile past our place, you guys went in [1:14:54] that went in up on that Atlas land. You took bulldozers and skitters and [1:15:00] everything you could and made a two-lane highway, but yet we put a driveway in [1:15:06] because nobody would give us money for 30 years to take care of a class 4 road [1:15:11] that we done out of the kindness of our heart. But when times got tough, and [1:15:19] it's the same thing you guys do. When you can't afford it, what do you do? You [1:15:24] raise taxes. >> We couldn't afford it. What you do to us [1:15:28] when we asked you for help? >> That's what you did to us. [1:15:34] » All right. Thank you, Amy. Uh Carrie, [1:15:39] » uh I think that she was talking about maybe your your not just 181, but your [1:15:43] conservation company or nonprofit. >> Are you talking about Cold Holiday [1:15:48] Canada? >> Yeah. And I I'm hoping because I know [1:15:52] that now we're not allowed to. We used to be able to kind of comment together [1:15:57] per topic instead of having to revisit other people's topics, too. So, [1:16:02] » there's a lot on my plate that I'm going to try to go through nicely. [1:16:06] » Or yours. You can >> like I said, no one's got a time clock [1:16:09] on yet. Everyone has >> Okay, go ahead. [1:16:13] » Kind of keep it straight forward. But >> for your for your She's talking too [1:16:18] about your conservation. Is there anything that you know of in law, [1:16:24] legislation, lobby or just your executive director of your company is [1:16:31] think considering anything >> company [1:16:35] » taking land instead of asking people if they want to buy not buy [1:16:41] » no one is taking anybody's land. >> Okay. So that's what I I wanted to know [1:16:44] if there is anything that can that that is in action has been done at all. So [1:16:49] nothing related. >> Yeah. [1:16:51] » I just wanted to know. I didn't know >> you're talking about eminent domain. [1:16:55] » Yeah. >> But for conservation purpose. [1:16:57] » No. Yeah. >> No. And this is Dennis. This [1:17:01] » I'm just asking. >> No. No. I'm just saying this. I'm just [1:17:03] » Okay. So So question answered. We're good. Okay. [1:17:06] » And it's answered and we we're >> it's different than imminent domain. [1:17:10] » And then yeah, not imminent domain. Whatever. I don't know what that's not [1:17:14] my focus right now. Um, the tech comment was more about [1:17:20] really kind of just having maybe you do a lot of work, Charlie. You do the [1:17:25] minutes, you do the tech, you do you moderate, you know, you're and you've [1:17:31] been doing this for quite a while and you've had to take on some of these [1:17:35] extra [clears throat] roles like Suzanne used to be the minutes, you know, and so [1:17:38] it would just kind of be nice if we had an independent person that could do the [1:17:43] tech. um or somebody that is specially here for all of the technological things [1:17:49] so that you're not having to do that on top of everything else. If something [1:17:52] isn't working because things are not working on a regular basis, there's a [1:17:58] problem somewhere and and if you're not able to find it, we should have a tech [1:18:02] person that is more responsible to make sure that that's all functioning like [1:18:07] like we have Northwestern access today. they they're in charge of [1:18:12] their their stuff and it's working, you know, um because they're setting I don't [1:18:17] even know they're who knows. And then the same with the minutes too and then [1:18:24] the public record complaint. Um, so with that, [1:18:33] I mean, it's not just a a select board email that's advocating for something, [1:18:39] and I've already talked to you about that. That wasn't the problem. The the [1:18:44] attorney sending back all that information, it was fantastic, but it [1:18:48] was very narrow. It avoided a lot of the main points that were solid that I was [1:18:54] concerned with. And I'm looking up a lot of like past connections because you [1:19:00] when you start having affiliation with so many different boards and you're on a [1:19:05] legislative level and there's a lot of money involved on all of these boards [1:19:09] together including your nonprofit and grants are being given everywhere. [1:19:14] People like Tusca need grants. You're in charge of like she has to say yes and [1:19:19] you're part of the board that like says yes for that for every grant. Like all [1:19:24] I'm saying is you're affiliated with things. I don't even know if there's an [1:19:27] affiliation with any dress that she gets from from but it's a whole atmosphere [1:19:32] out there politically with a lot of money and kind of potentially a lot of [1:19:36] like control. So that's what my concern was more with that with that um email [1:19:43] that you were saying something that was not true [1:19:46] » and you were promoting it in a way that was like swaying voters. like not only [1:19:52] were you promoting it, we know that you like you want the wastewater system, but [1:19:55] you had an angle on it that was like no matter what, you factually characterized [1:20:00] like something wrong. It was inaccurate and it was to me a little like deceitful [1:20:05] saying that the person who wrote the petition was from from mass when it it [1:20:12] was from Vermont. And you might may or may not have known that. I'll figure [1:20:16] that out at some point. I I mean I've told you that multiple times in and open [1:20:21] meeting. It's on the record. It's recorded. You can watch it again, but [1:20:23] keep going. >> Yeah. Exactly. So So you were persuading [1:20:27] voters in a false way. >> That's the problem with the with the [1:20:32] open meeting law. That is the the main there. There's probably more, but that [1:20:36] was the problem. >> So just to be clear, are you saying that [1:20:38] that is in violation of Vermont's open meeting law? [1:20:41] » Yeah. >> Okay. It's not. [1:20:42] » No. >> Yeah. So Okay. It's I respect your [1:20:46] opinion that you don't like it, but it's not a violation of open meeting law. [1:20:50] » No. >> Just like I know you don't like that I'm [1:20:52] involved in a lot of things. It's possible. And no matter what, [1:20:56] » you're just not getting any answers you want. So that's all there is to it. [1:21:00] » You do with ethics issues. I >> How long are we going to hash this out? [1:21:05] » We've gone over it how many times, Carrie? [1:21:06] » Okay. If they had just if you had figured something out. [1:21:09] » Jeez, it's getting ridiculous. >> Like across the board blanket. [1:21:12] » Okay, just keep going. We're through your comments. You're good. [1:21:15] » I just don't think that this should continue to be something. [1:21:18] » You should stop any time on this issue. >> All right, Mark. Let's just let her [1:21:22] finish. >> Yeah. [1:21:24] » Yeah. >> Yeah. Watch out. [1:21:27] » Guys, guys, everybody take a deep breath. [1:21:31] » Everybody take a deep breath. >> Carrie, you have the floor. [1:21:34] » Okay. So, >> work through your comments. [1:21:36] » Yep. And that's fine. Thank you. Sorry. I'm [1:21:40] » No, don't be shy. [snorts] >> It's okay. It's all right. Um then I [1:21:45] wanted to ask um oh the connection with Sarah [1:21:51] having done that I mean she she she has presented [1:21:57] two VT Vermont city league and towns. She was a presenter for codes for code [1:22:05] of ethic and they changed the codes of ethic. So she literally created the [1:22:11] codes of ethic potentially. >> Okay. Can you just can you clarify what [1:22:14] you're saying? So Sarah Buckton, our municipal attorney [1:22:17] » Yeah. >> presented at a VLCT event about the [1:22:21] municipal code of ethics. >> Y [1:22:23] » and you're saying that led to the state legislature changing the code of ethics? [1:22:27] » No, I'm not. I'm just saying I'm just trying I'm just trying to understand [1:22:32] what you're what you're saying, Carrie. just saying you're getting all of your [1:22:36] information from the attorney that wrote wrote that like the the response and [1:22:42] she's she's the one involved in Vermont City leads and towns. She's giving our [1:22:47] town advice. You are the president vice president there, right? So like it's all [1:22:53] like the fact that we are sending our select board members to a place that is [1:22:58] like potentially there's a lot of conflict between in the past between [1:23:04] that I can see and I'm finding between you and Sarah having like a pretty [1:23:09] long-standing crossover like relationship [1:23:11] » like can you like what >> I have a few I have plenty [1:23:14] » like what I just if you have a few no if you're going to accuse me of a conflict [1:23:19] of interest in every breath I want you to be specific. What is it? What is the [1:23:23] conflict? >> I don't want to say anything that's [1:23:25] that's technically like wrong. I If I do it, it has to be in writing. It's [1:23:29] horrible. But it's just >> Okay. Well, I would appreciate instead [1:23:33] of kind of vague assertions of things, specifics really do help. [1:23:38] » So, well, yeah. What what do they follow for the what's their it's called [1:23:44] something the >> no for the um yeah for the for the code [1:23:50] of ethics for Vermont leaks cities and town there's a name of it [1:23:54] » so just so I can clarify >> that's you you have an issue with [1:24:00] the lawyer who sits on the board that helps to write the ethics [1:24:03] » no so she doesn't sit on the board >> No okay okay so she she she she wrote [1:24:08] the code of ethics for the municipality bodies. [1:24:11] » No, >> no, [1:24:12] » no. She, no. She has presented to Vermont League cities and towns who then [1:24:17] » trains you >> and works with you and [1:24:21] you know what they're following for their codes of ethics is like right on [1:24:25] track with with her. So like that in addition to the state, [1:24:31] » the attorney's office that she's involved in, Paul Gill, is that his [1:24:35] name? >> Gillies Tarant is the firm. Gilly has [1:24:40] has wrote a and and for quite some time a significant book about town policies [1:24:50] act 250. >> He Yeah, he has. So, but just to be [1:24:54] clear like >> the LCT has many events. They bring in [1:24:59] many speakers to address things. They didn't write the code of ethics. The [1:25:04] legislature did. So again, I I I >> But hopefully that'll change in [1:25:10] November. >> Sure. Anything can change with [1:25:13] elections, but I >> So So again, car I guess all I'm asking [1:25:17] Carrie is if there are specific >> things that you can give us in writing [1:25:23] to respond to, but I don't know. I don't quite understand some of the the [1:25:28] » That's why I write because I'm really a horrible public speaker. I I [1:25:31] [clears throat] don't it doesn't come out right at all. It's it's not [1:25:34] something that >> it's one of those things that I'm [1:25:37] working on. >> Okay, hold on, Amy. I'm gonna I want [1:25:40] Carrie to finish her public comments and then we're gonna go to Josh. [1:25:44] » I just am saying that she did a presentation that's explaining how [1:25:47] municipality municipal offices should analyze conflicts of interest. So, she's [1:25:53] the one she's saying this is how you should analyze it. And then she's our [1:25:57] town attorney and all of the people here are going like to to her and there's a [1:26:05] background between you guys that I'm like very concerned about that that was [1:26:09] a very biased response. It was narrow. There's a lot of stuff that I'm going to [1:26:14] be needing to go through legally because it's not it's not fully right and you [1:26:19] shouldn't have been doing some like talking about our code of ethics policy [1:26:25] with with like attorney money for one and talk about it from a legal [1:26:31] standpoint. That's why are we defending that's not what I was asking. I wanted [1:26:35] to ask if you guys had talked like actually talked amongst the board about [1:26:40] the possibility of an appearance to a reasonable person in town that there [1:26:45] could have been a town code of ethic violation. A reasonable person in town [1:26:51] couldn't have assumed that if a reasonable person in town does any kind [1:26:55] of research at all and understands anything, it's possible. Nice. [1:27:00] » I mean, I just >> I'm I just don't want to get to the [1:27:03] point where I have to find like bad. Like, it's just I want to prevent that. [1:27:08] » I just You should have at least like talked amongst yourself. I was expecting [1:27:12] you to not give this legal like spend a lot of money, give this legal response [1:27:18] to all the code of ethics. >> I was expecting you to talk about it at [1:27:21] a select board meeting. Would would somebody reasonably think that? So [1:27:26] Chris, you're the one that talked to her, Sarah, correct? [1:27:29] » Yes. >> So this was Hold on. So So to your to [1:27:35] your point to your point, Carrie, you're saying [1:27:40] » Chris is the one that headed the investigation, right, Chris? Correct. [1:27:45] Right. So we can clear that up now. So you saying that Charlie spoke to her [1:27:50] about what we what Chris addressed has it's nothing to do with Charlie. Like [1:27:56] Chris did his part to do to to to talk through through this stuff. So Charlie [1:28:01] had nothing to do with this. If you're going back to looking at it as a [1:28:04] standpoint of their relationship, which I mean I don't I mean I don't know. I [1:28:08] mean you know people have relationships with lawyers because they have the best [1:28:13] interest of in this case the community. um whether and people have the complete [1:28:20] right to disagree with it, right? Because anybody we're going to disagree [1:28:23] whether it's wastewater or short-term ordinance or you know the lawyer the [1:28:27] conflicts or whatever what have you. But that's why she went to law school is and [1:28:30] if she's talking about ethics that's like that's what you know that's if I'm [1:28:35] not mistaken that the law firm is specializes in municipality ethics. [1:28:39] » She's she's in general. Okay, we're going to we're going to [1:28:42] » Yeah. So, all all I want to end on this, all I want all I want to end up saying [1:28:47] is Chris is the one that spoke with her, not Charlie. [1:28:50] » So, this is the order of operations because Chris did already email me back [1:28:54] about what happened. Liz emailed the attorney. The attorney replied to [1:29:00] Charlie and repi replied to Liz because he's the chair, right? But he is the one [1:29:06] that I'm talking about conflicts of interest [1:29:09] that I don't know if it should have just gone back to to Liz and then I think he [1:29:14] said and I have to go back through his email to explain all of the dates and [1:29:17] all the times but that that Charlie then asked him to to present. So like you [1:29:24] made a decision for him to present before you even fine [1:29:27] » the at the public meeting at the grain shaw Chris was appointed by the board in [1:29:32] a vote that I abstained from to lead on this just as a matter of fact and a [1:29:36] record. >> I did not pick Chris or tell Chris in [1:29:40] charge of all >> this is a topic on you and you should [1:29:44] really not be talking. >> Carrie Carrie I am the chair of this [1:29:49] board. It's a public comment session. We're going to keep doing public comment [1:29:52] and we're going back to Robert's rules right now. The person with the floor can [1:29:56] talk. Carrie, you have the floor. You can finish your public comments. [1:29:59] » Okay. >> Yeah. And that's the whole ethics part [1:30:02] of it that if it wasn't about that that it wouldn't I wouldn't care who is [1:30:06] moderating. >> Um so we what did we end up doing with [1:30:10] Northwest Fiber tonight? They're essentially going to be working together [1:30:15] and they're >> we executed a lease agreement for them [1:30:18] to house equipment in the public safety building in the fire bay. [1:30:21] » Yeah. >> And do they have any like is it possible [1:30:25] that NEK can go underground? Like >> I don't know the mechanics of their [1:30:28] operation. You can ask them. >> We're just doing we're doing public [1:30:31] comment. >> Was there another option for the JP part [1:30:35] section or is that the only thing we had? [1:30:37] » The only commun the only communication unions districts are Northwest Fiber [1:30:41] Works and NEK Broadband. the service. >> So, we're just trying to get it here. [1:30:44] Sweet. >> And then [1:30:48] I think I think I might be really close. >> Um, yeah. I mean, I'm not going to [1:30:55] I don't want to go too crazy right now, so I'm fine. [1:30:59] » Okay, great. We're going to go to Josh. >> I do have a question about that [1:31:02] broadband. You said that we have a 25 year lease agreement. We could have a 25 [1:31:07] year lease agreement and we have to maintain that for 25 years. What happens [1:31:10] if no one dies? We have to buy a brand new one in that arena. [1:31:14] » I'm sorry. Buy a new what? >> Generator. [1:31:17] » Uh >> cuz you said we have to maintain it for [1:31:19] 25 years only buying the original one. So if it dies in 15 years, we have the [1:31:23] new one. >> So no, the lease agreement of 25 years [1:31:26] is just for them to have access to that space. [1:31:30] » Um there's nothing in that agreement where if the generator died and we [1:31:33] didn't furnish one, we'd be required to. Just curious [1:31:40] maintain that thing. >> The generator is ours for good. [1:31:43] » So, we have to maintain that for them no matter what. [1:31:46] » Uh we maintain it. We'll we'll be maintaining it with all of our [1:31:48] generators because it'll serve both them and the building. [1:31:52] » No, >> I'd like uh just go off for a question. [1:31:56] Uh could you tell us if you've ever had any uh things with Sarah Box before you [1:32:01] were before she was a lawyer? Have you ever testified next to her like [1:32:06] three different times? >> No, I have never had any kind of [1:32:10] personal or business relationship with Sarah Buckton prior to her being the [1:32:14] municipal attorney starting in 2023. >> And I still have no other relationship [1:32:19] with Sarah outside of her being the municipal attorney. We don't serve on [1:32:24] any boards together. We don't hang out on the weekends. [1:32:28] She's the municipal attorney. I saw that you guys testified next to each other in [1:32:31] 2003 in March. I think it was >> we testified in March of 2000 where [1:32:38] » I can find it. Come back to me. I'll find it for you [1:32:41] » like in court. >> Come back to me. I'll find it. [1:32:44] » Like a legislative committee. You mean something like a [1:32:49] » I didn't go back. >> I just [1:32:52] » Okay. Are you good? >> You don't remember? [1:32:55] » You know. Yeah. I'm getting gray hairs. All [1:33:00] right, Charlie. I'm going to make it simple tonight. [1:33:03] » All right. Love simple. >> Okay. Because you talk about the [1:33:06] temporary bridge. Well, my other half's a logger, so I know all about temporary [1:33:11] bridges. Okay. And you know, well, I just looked it up online so that you [1:33:17] everybody know how much a 40 foot temporary bridge would cost. [1:33:24] » Like the purchase price. The purchase price [1:33:28] » $26,000 [1:33:32] » for a temporary bridge, but it's yours. >> But I just want everybody to know how [1:33:36] much >> how much is the weight of [1:33:38] » I don't know that. Just look the 40 foot [snorts] 50 foot is 6 26,0002. [1:33:45] » I don't give you the button. >> Anything else? Teresa. [1:33:50] » Oh, there wasn't there. >> Hang on. It's Teresa's [1:33:56] » radio, but I don't know how much >> Teresa, you still have the floor. [1:33:59] » I know. [1:34:03] » Yes. But I'm being nice tonight, just to let you know cuz I got dinner waiting [1:34:08] for me at [laughter] [1:34:12] » Daddy's cooking. >> And I know how great you how you how [1:34:18] everything goes around here. I've been here long enough and I'm not rehashing [1:34:22] anything, but these meetings are great. But [1:34:27] sometimes people decide or get really heated up. [1:34:32] They got to remember they're in the public and they're [snorts] [1:34:36] thinking, you know what I mean? Like Mark, I'm not going to pull you out [1:34:39] right now, but you got a little mad. >> Yeah. I'm sorry. [1:34:42] » You got a little mad. >> Yeah. [1:34:43] » And that okay, but cuz we all love you. We're all here. We're all family. That's [1:34:50] I become family up here and I don't know why. [1:34:52] » I don't love mine. I like them. >> Okay. Can we [1:34:56] » But anyway, >> I just want to let you know about the [1:34:59] logging bridge. >> Okay. [1:35:01] » And if a Georgia thing's coming up, let us know cuz Chris needs another job. [1:35:07] » Okay. I need I need to [1:35:13] » Thank you. Okay. >> All right. Thank you, Teresa. We're [1:35:16] going to go. Craig needs one too, right? >> We're going to Larry for public comment. [1:35:20] Larry, public comment. The floor is yours. [1:35:23] » I have five or six in no particular order. [1:35:25] » You can do them whatever order you want. [laughter] [1:35:28] » Uh Chris did a prefest for us. He did [1:35:33] script for the uh before he read the lawyers interpretation [1:35:39] last time on the 21st. and he read this document to the public that were here. [1:35:46] » And I believe this document should have been part of your minutes and and should [1:35:50] have been attached as well. >> It was [1:35:52] » it it was not with the minutes. >> I think it was. [1:35:55] » No, it was it was not it was basically >> this just this document with Sarah's [1:36:00] interpretation >> the report. [1:36:01] » Okay. But this was read before he did that before he did that interpretation. [1:36:06] Before he read her interpretation, he read this. [1:36:10] » Okay. That's pretty >> that's the it's the document that um [1:36:13] it's the document that Sarah provided that went over the open meeting law [1:36:17] complaint section of the report. >> Okay. [1:36:20] » And um so I read instead of reading the text of the report, I read it was [1:36:25] basically a summary of the of that section of the report. [1:36:27] » And this and this should have been because it was read to the public should [1:36:31] have been part of >> part of the part of the record. [1:36:34] » Okay. If we if board members want to amend the minutes from last meeting, we [1:36:38] there's a process to do that. >> Secondly, at one time, sometimes it [1:36:45] doesn't seem like very long ago, but maybe it was the beer or something. At [1:36:48] one time, Liz was uh going to be head of the uh do I want [1:36:55] to say ethics? We needed a we needed a [1:37:00] » a >> person a person that was a employee and [1:37:03] she took it. How did that she go away and Chris became [1:37:08] » what happened to Liz? >> So Liz is the leazison with the uh [1:37:14] ethics commission. Um the ethics commission exists only in name right [1:37:18] now. Um we have we can't we so we basically they're useless to us until [1:37:23] they get money and can do stuff. >> Thank you. [1:37:27] You're talking about all the complaints you receive. [1:37:30] Lucky [1:37:34] you you have a you have a format that you use for complaints of ordinances and [1:37:39] policies uh particularly with planning commission zoning and everything else. [1:37:44] You might want to look at that to see if that's something you can use and you can [1:37:48] look at the complaint and see if it's really worthwhile. Okay. [1:37:51] » Yep. >> Mhm. Um, [1:37:55] » what the hell does that say? [laughter] >> Oh, yeah. The environmental group guys [1:38:01] that were here and asked and took a few questions about the [1:38:06] » uh the Yeah, the folks from DEC on the indirect discharge permit. Yeah, [1:38:09] » they said probably two weeks or more. It's definitely been two weeks or more. [1:38:13] Have you heard anything back from >> Yeah, like I said earlier, I checked in [1:38:16] with them Friday. I thought they were going to have the written response to [1:38:19] the comment log up Friday. It's not there. Um, I'll check again with them [1:38:23] tomorrow, but as soon as we get word that the comment log responses are live [1:38:26] on their site, we'll put something on the website. [1:38:28] » A follow-up question to to that is, are you going to award a contract without [1:38:33] their answers? >> No, because we need we need the answers [1:38:36] and the the permit, >> the 25 year [1:38:42] um, >> can it be broken? [1:38:47] » Uh, there is. >> What's the terms of being able to break? [1:38:49] Yeah, there are there is severability uh or default I should say. [1:38:59] » Yeah, it's on 19 uh there's a default provision. [1:39:12] » I mean it would be broken through the default provision in clause 19. Um [1:39:17] there's no other clause that essentially allows either party to break it at any [1:39:21] time. So it would be a case of we would default on it somehow and that would be [1:39:26] the breaking of the lease. My my last my last comment is that a [1:39:33] good lawyer a really good lawyer would probably poke a lot of holes in Sarah's [1:39:37] interpretation because it is an interpretation not not all of it is law [1:39:42] and I think that's on those people that disagree to be able to to have to do [1:39:48] that. It's not it's other than that it's done. [1:39:53] » Sure. Yeah. I mean, like anything related to law, until it's ruled on by a [1:39:57] judge, it's two interpretations of law until it's settled. [1:40:02] » Anita, anything for visitors? >> Nope. Okay. Thanks. We're going to go to [1:40:05] the Zoom. Uh Daniel, anything for visitors? [1:40:12] » Uh [laughter] Gabby, anything for visitors? [1:40:16] » Uh Peter, anything for visitors? [1:40:21] » Yes. Hi. Can you hear me? >> Yep, we can hear you. [1:40:24] » Just an observation. Uh over many months and a few years, the board seems to be [1:40:30] spending u an increasing amount of time defending itself [1:40:35] on either real or appeared conflicts. And I understand you're addressing it [1:40:42] through uh process. It concerns me that the process involves uh a law firm that [1:40:51] is being employed by the town at the approval of the select board. Basically, [1:40:57] the select board is policing itself. Uh she does have a stake. Sarah or her [1:41:02] firm have a stake. They've been employed by the town for many years past and um [1:41:09] anticipated years forward. So once again, and I've brought this up [1:41:14] before, and it's obviously the final decision is yours, but the um oversight [1:41:21] of conflict of interest should be removed completely from anybody with [1:41:26] affiliation or the potential to um continue [1:41:32] as a vendor or whatever you would call a law firm with the town and be hired out [1:41:39] uh to somebody who's got absolutely no affiliation with the town. That's just [1:41:44] an observation. Over the years, the the board is spending a lot of time [1:41:50] uh on these issues and that doesn't seem to be getting any traction in terms of [1:41:56] resolving them uh because nobody frankly is is [1:42:03] buying the process right now. [1:42:08] That's my observation and that's it. It's uh and and the question remains, [1:42:14] you know, what what are these people being paid at Gilly's Tyrant or Tarant [1:42:18] Gilly's law firm that Sarah works for u to address conflict of interest? The [1:42:24] question's been asked and I've never met a lawyer that hasn't built somebody for [1:42:29] breathing within the month that they took the breath. [1:42:36] So, I'm quite sure you have what they're charging you. You must have it by now [1:42:40] because this has gone on for a while. >> So, [1:42:44] » yeah. So, we don't actually have an invoice to cover her work on the [1:42:49] conflict of interest stuff yet. I I checked today because it someone else [1:42:52] asked. >> Um [1:42:54] » I mean, I will say that it the the board policing itself, that's the process. I [1:43:00] mean, if complaints come to the board, the board is the one that addresses [1:43:03] them. I think we brought Sarah in at that point to try to [1:43:09] address the lack of trust with the board members um by having a third party and [1:43:14] we thought the municipal attorney given that they are the attorney that [1:43:17] represents the town would be a an adequate third party. It sounds like [1:43:21] there's a definitive lack of trust now with her with a subset of the community, [1:43:27] however small it might be. Um if something else comes up and we want to [1:43:32] hire a third-party law firm to address it, we certainly can. Um but in the [1:43:37] absence of working with an admissible attorney, it comes back to the board. [1:43:41] And so the board essentially is who would address complaints. Um and we can [1:43:47] certainly not involve the town attorney. Um [1:43:53] but that's that's the resource we have right now to answer questions related to [1:43:56] legal matters. So then the follow-up comment would be [1:43:59] that basically the person who is citing law is being paid by the town to cite [1:44:06] law to substantiate a position of what is a conflict and [1:44:11] what is not. And as you must well know, you can cite law to support pretty much [1:44:18] any position. That's why you have a system all the way up to a Supreme [1:44:22] Court. uh far beyond our scope, but the point [1:44:27] is that you're paying this lawyer >> to uh feed Chris [1:44:34] supporting documentation to a position that the town uh select [1:44:40] board has not breached conflict of interest. And I take exception also to a [1:44:46] subset of the community, however small it is. It's not quite as small as you [1:44:51] might imagine, Charlie. There are a lot of people that don't speak [1:44:56] uh publicly but voice their opinions privately [1:45:00] that have absolutely no faith in the um integrity of the select board. [1:45:08] And you know I'm personally I I am uh cognizant of all the work you do. [1:45:14] There's a lot of positive work you do. I get all that. My concern is that your [1:45:18] time doing that work is being chewed up by these types of complaints of conflict [1:45:26] of interest that are not adequately being addressed [1:45:31] and the money is aside but uh it's not really aside. I mean the money is the [1:45:36] money but uh the result is long you know it's it's not happening you're not [1:45:42] squelch you're not satisfying the concerns of the subset [1:45:48] that uh there's there's not a conflict of [1:45:52] interest and that that could go on for more years [1:45:57] who knows but I think it would be a productive [clears throat] constructive [1:46:02] first step to not rely on someone that the select [1:46:06] board is authorizing to be paid to make the judgment. The judgment should be [1:46:12] made by somebody with absolutely uh nothing to gain. I understand you pay [1:46:17] a third party, but you don't pay a third party for years back and years forward. [1:46:24] It's a oneshot deal. And that that's kind of what I'm [1:46:28] suggesting. But uh that's obviously again up to you guys. [1:46:32] And that's it for me. All right. Thanks, Peter. That brings us [1:46:37] through the public comment. Um, that brings us to the end of our agenda. [1:46:41] We've done a round of public comment that I received. [1:46:44] » We've done a round of public comment. We're all going to try to take a deep [1:46:48] breath and go home to dinner. >> Thank you. [1:46:51] » Uh, with that, uh, [1:46:57] brings us to our agenda. Is there a motion to adjurnn? [1:47:01] » Make a motion to adjurnn. Is there a second? [1:47:04] » Second. >> Is there any further discussion? [1:47:10] Hearing none. All those in favor, please signify by saying I or raising your [1:47:12] hand. >> I [1:47:14] » I. >> Any opposed? [1:47:16] Any abstensions? All right. Motion carries and we stand [1:47:20] in adjournment at 7:48 p.m.