GUILFORD SELECTBOARD MEETING Monday, 12 December 2022, 6:30 pm, 236 School Road, Guilford, VT
MINUTES
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair, Michael Becker, Rusty Marine (via Zoom), Verandah Porche, Richard Wizansky
OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator), Dan Zumbruski (Road Commissioner)
PRESENT in person: Peter Kelleher (BCTV), Steve Lembke, JamieDurham, Kyle Parker
PRESENT via Zoom: Cynthia Clark, Anna Klein, Corey Frehsee (Stevens and Associate), Reagan Anderson, Barry Aleshnik, John Shaw, Jeff Woodward, Marty Ramsburg, Frank Larkin, Jim and Pat Haine, Shaun Murphy, Olga Peters, Rick Zamore, Sheila Adams, Jeannette Tokarz, Nancy Detra
I. Call to Order at 6:30 p.m. (Estimated Time)
II. Welcoming of Public – Community Comment Period (10 minutes)
a. Reagan Anderson: Guilford Folk Learning Connections, a group whose goal is connecting people in the community to share skills and friendship, is hosting a Saturday 12.17 gathering and a cookie potluck at the Library from 1:30 to 4 pm to brainstorm ideas for the future. Past and ongoing initiatives include a winter penpal project for the town.
b. John Shaw noted the Library has a program Tuesday, 12/13 from 5:30 for stargazing. People will meet at the Playscape to view the Geminid meteor showers. This is an opportunity to wonder together!
III. Changes to Agenda Order (2 minutes) NONE
IV. Approval of Minutes (2 minutes)
a. Minutes of the regular meeting of 11.28.22 and the special meeting of 12.8.22
a. ACTION: Michael moved and Richard seconded to approve the minutes of the meeting of 11.28.22 as written. All were in favor. None were opposed. No one abstained. Motion carried.
b. ACTION: Verandah moved and Richard seconded to approve the minutes of the Special Selectboard meeting of 12.8.22. All were in favor. None were opposed. No one abstained. Motion carried.
V. Updates & Reports
a. Highway (5 minutes)
i. Dan reported that the crew handled Sunday night’s snowstorm pretty well although there was more snow than anticipated. This year they will not chase storms, but will wait as much as possible for a storm to end to do a “one and done” sweep. Will start using and re-filling sand and salt sheds. Our new hire worked a plow for the first time and was cautious and successful.
VI. Old Business
a. Legal Issues (5 minutes)
i. ACTION: Zon moved to vote to not reconsider Mr. Herron’s October 5, 2022 allegation as requested in his November 30, 2022 submittal, and to officially sign the response letter sent to Mr. Herron after the 12.8.22 Special Selectboard meeting. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
ii. Zon spoke to these continuing issues:
1. We are anticipating increasing our legal fee budget from $2,500 in FY2022 to $5,000 in FY2023 and up to $50,000 in FY2024 . The reason for this substantial increase is that dealing with Mr. Herron’s appeal to the VT Supreme Court will incur a huge expense to the town.
2. We are dealing with Public Record Requests, Open Meeting Law violation allegations, and a lawsuit. None of these repetitious claims can be handled without the advice of the town’s attorneys. They come primarily from one source.
3. There is a remarkable amount of repetition ( “res judicata” says that once a decision has been made it will not be reconsidered”) that should be acknowledged by the community as it is being done by the SB. We are being badgered.
4. The Selectboard does take these issues seriously, scrutinizing each carefully with our attorneys to make sure we’re not leaving any stone unturned. There have been comments from some community members suggesting that we may not be taking these issues seriously. That is not true.
5. We are learning that this situation is not being addressed out of a concern for Guilford’s health, as claimed by the accuser.
6. Zon reminded attendees that the meeting is open to comments only during motions, not in response to remarks.
VII. New Business
a. Housing needs, Jethro Eaton (8 minutes) – TABLED
b. ARPA Advisory Committee report (8 minutes)
i. Zon sincerely thanked the committee for coming together as strangers and coalescing as a group that worked extremely well together. He noted that the group consulted with Katie Buckley, Director Federal Funding Assistance Program at VLCT. Katie asked permission to use this report as a model statewide for how to work with the committee! High praise from VLCT’s ARPA Director.
ii. Jamie outlined the three phases of the process, and the project categories and priorities in the report. She emphasized the importance of leveraging the ARPA dollars, specifically with matching grants.
iii. ACTION: Michael moved and Verandah seconded that the SB accept the report as written. All were in favor. None were opposed. No one abstained. Motion carried. The report will be posted on the website. Verandah said if there were an award for community service and working with exemplary collaboration this committee would receive it.
iv. Next steps: SB will consider the committee recommendations and make decisions based on the report. The report does not now include any actions. Verandah moved and Rusty seconded that Michael and Richard serve as a sub-committee to thoroughly review and report back to the SB with recommendations regarding projects and expenditures.
c. Internet Technology security (3 minutes)
i. Sheila described the need for an IT survey and the content of the RFP.
ii. ACTION: Richard moved and Michael seconded to approve issuing the RFP for an IT consultant. All were in favor. None were opposed. No one abstained. Motion carried.
iii. The RFP will be paid for out of the Technical Support line or the general reserve fund if the website improvement contract is not paid for out of ARPA funds
VIII. Finance Warrants
a. ACTION: Verandah moved and Zon seconded to pay the following warrants. All were in favor. None were opposed. No one abstained. Motion carried. (5 minutes)
Payroll – WE 12/04/22
$7,220.97
Payroll – WE 12/11/22
$6,322.26
Expense Warrant #2211
$21,817.17
TOTAL
$35,360.40
IX. Other Business – NONE
X. Communications (2 minutes)
a. SEVCA – letter of appreciation for Guilford’s appropriation.
b. Guilford resident- concern regarding civility in meeting dynamics.
I. Executive Session to discuss personnel issues per 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee.
a. ACTION: Zon moved to enter executive session to discuss personnel issues per 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee and to invite Sheila Morse to participate. Michael seconded. All were in favor. None were opposed. No one abstained. Motion carried.
b. ACTION: Zon moved to exit Executive Session at 7:52 pm. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
c. ACTION: Zon moved to approve bonuses for staff as discussed, noting that the Board is responding to a world where there are a lot of pressures and stresses. Richard seconded. Zon, Michael, Richard, and Verandah were in favor. Rusty abstained. None were opposed. Motion carried.
d. Sheila will send notes advising staff about the bonus prior to the year’s end, as checks will not be distributed until 12.29.
II. Actions from Previous Meeting – NONE
XI. Action Taken see above
XII. Actions to be Taken
XIII. Adjournment
a. ACTION: Richard moved to adjourn and Michael seconded. All were in favor. None were opposed. No one abstained. Motion carried.
GUILFORD SPECIAL SELECTBOARD MEETING Thursday, 08 December 2022, 9:00 a.m., 236 School Road, Guilford, VT
MINUTES
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair, Michael Becker, Rusty Marine (via Zoom), Verandah Porche, Richard Wizansky
OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator)
PRESENT in person: Steve Lembke, Gordon Little, Marty Ramsburg, Frank Larkin, Nancy Detra, Deborah and David Albright
PRESENT via Zoom: Chad Kaminski, David Eastman, Jim Haine, Connie Burton, Barry Aleshnik, Bob Audette, Cathi Wilken, Erika Elder, Christina Belogour, Anne Montgomery, Jason Herron, Mary Wallace Collins, Michael Hanish, Pat Haine, Linda Hay, Cynthia Clark, Rick Zamore, Virginia F, Joslyn McIntyre, Rick Zamore, Anna Klein, Tammy Sargent
Call to Order 9:02
Rules of Procedure were read by Rusty; Zon announced that comments would be restricted to 3 minutes per person, and that there would be no response.
New Business
Jason Herron: Open Meeting Law Violation #8
Allegation #8: On November 30, 2022, Jason Herron alleged that Assistant Town Administrator Sheila Morse violated the Open Meeting Law by seeking advice from the Town Attorney outside of a duly warned meeting. Although Mr. Herron previously alleged the same violation, and the Selectboard denied his allegation, he now additionally claims Ms. Morse violated 1 V.S.A. § 312(g) by seeking advice from the Town Attorney outside a duly warned meeting. In particular, he claims Ms. Morse violated the portion of 1 V.S.A. § 312(g) which states, “[r]outine, day-to-day administrative matters that do not require action by the public body may be conducted outside a duly warned meeting, provided that no money is appropriated, expended, or encumbered.” While Mr. Herron lists multiple “Specific Violations”, they appear to center on a specific claim that, “[t]here has been no open meeting discussion authorizing the assistant town administrator to spend taxpayer funds contacting the Town’s law firm for any reason.” Mr. Herron claims that Ms. Morse did not have authority to seek legal advice on behalf of the Town in her position as Assistant Town Administrator.
Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
Mr. Herron already put forward this allegation on October 5, 2022, and the Town denied the allegation. While Mr. Herron has added claims relative to 1 V.S.A. § 312(g), the additional claims do not alter the Selectboard’s decision. Town Administrator Sheila Morse did not violate the Open Meeting Law in contacting the Town Attorney for advice. Ms. Morse is not subject to the Open Meeting Law, as she is not a member of the “public body” as defined in 1 V.S.A. § 310(4).
We also note that Mr. Herron claims Ms. Morse redacts the Town’s legal bills. This is not the case. Monaghan Safar Ducham PLLC provides legal bills to the Town in a redacted format. If the Selectboard were to provide unredacted versions to the public, it would first need to waive the attorney-client privilege for these legal bills. The Town has not waived this privilege.
We previously denied Mr. Herron’s October 5, 2022 allegation and will not accept additional arguments from Mr. Herron as to whether Sheila Morse violated the Open Meeting Law by contacting the Town Attorney relative to Mr. Herron’s questions regarding the Town’s legal bills.
Pursuant to 1 V.S.A. § 314(c), a person aggrieved by a denial of an Open Meeting Law violation may bring an action in the Civil Division of the Vermont Superior Court.
Zon stated that the Selectboard will take no action because there’s nothing new to be acted on.
Discussion
Two participants raised concern about the Selectboard not being open about their actions. An accusation was made that the first Budget Workshop meeting Zoom video was edited.
Others commented that the Selectboard does its best to adhere to Open Meeting Law requirements and that, while members may make mistakes, there is no intent to defraud the town.
Some comments related to how to stop these accusations going forward, because it appears that there is no acceptable resolution to the party bringing them forward.
Other comments reminded participants that the SB members are neighbors, good people, volunteers, and may make mistakes occasionally, but that we are a community. No one wants strife or contention. The community appreciates the SB. It would be nice to know, if the SB says, perhaps we made mistakes and we’re all learning, that would suffice. We have worked collaboratively in the past, but wishing doesn’t make it so now. That seems to be in our past. So it’s important that the SB acknowledge that OML is critical. Look at each allegation to assess if there’s a level of truth or substance, acknowledge a mistake, and commit to acting on that going forward. There has never been an intent on the part of this or past Selectboards to execute a decision that is harmful.
Adjournment
ACTION: Michael moved and Richard seconded that the meeting be adjourned. All were in favor. None were opposed. No one abstained. Motion carried. The meeting adjourned at 9:35 a.m.
The next regularly scheduled meeting will be held on Monday, 12.12.22 at 6:30 p.m.
GUILFORD SELECTBOARD MEETING Monday, 28 November 2022, 6:30 pm, 236 School Road, Guilford, VT
MINUTES
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair, Michael Becker, Rusty Marine (via Zoom), Verandah Porche, Richard Wizansky
OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator)
PRESENT in person: Austin Rice (BCTV), Steve Lembke, Chuck Collins, Mary Wallace-Collins, Tammy Sargent, Rick Zamore
PRESENT via Zoom: Tosha Tillman, Jim Haines, Don McLean, Barry Aleshnik, Victoria Hone (attorney at Facey Goss & McPhee), Anna Klein, Lesley Malouin, Jeff Woodward, Sheila Adams, Christina Belogour, Julie Beet, Cynthia Clark, Jason Herron
Call to Order at 6:30 p.m. Estimated Time
Welcoming of Public – Community Comment Period (10 minutes)
Anna Klein of Neighborhood Roots. This is a relatively new Guilford non-profit organization working to strengthen the local food economy and alleviate some food security issues. The group exchanges seeds, conducts workshops that strengthen the ability to grow food locally, and has set up two tiny free food pantries located at the Playscape and the Guilford Center Road/Weatherhead Hollow Rd. intersection. Community has come together to donate to those who need to access it. Their largest project is the Guilford Food Hub which moved into the BBCC. The goal is to support a venue for local farmers (and FoodConnects) to sell their produce to consumers who sign up for a group order. All food is sold at or below cost and EBIT purchases are possible. There is also a pay-what-you-want food shelf stocked from 3 – 6 on the days they are open. Go to www.NeighborhoodRoots.org to get on a waiting list to participate in the buying club. Anna noted that this is a volunteer-run community organization and would love more participation.
Changes to Agenda Order (2 minutes) NONE
Approval of Minutes (2 minutes)
ACTION: Verandah moved to approve the minutes of the meeting of 11.14.22 as written. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Updates & Reports
Highway (5 minutes)
As Dan was unable to attend, Sheila reported that the crew is continuing to clean out culverts. They will attend a special flagging training this week.
Recreation Commission
Mary Collins expressed thanks to their co-commissioners and Verandah, the Selectboard Liaison, for their work. Recreation holds seasonal events including a Nordic ski program with rentals available at the library, Winterfest, a Wake Up the Earth parade with egg hunt, Bike Night, a Halloween party at BBCC (which they would like it to be even bigger next year), Trunk or Treat at the Fairgrounds, etc. Want to encourage more community participation, especially by joining the events committee. It was noted that the Rec Commission brings home- schooling families together with GSC families. The Recreation Commission has a FB page: Guilford Recreation with lots of photos. Follow them!
Old Business
Single Source Guard Rail/Road Stabilization bid (5 minutes)
Richard moved and Zon seconded to authorize Dan to rent equipment for about 10 hours with which to retrieve rip rap from Broad Brook to repair guardrails on Guilford Center Road at a cost not to exceed $1,900. All were in favor. None were opposed. No one abstained. Motion carried.
Stony Hill Road (2 minutes)
Zon reported that the SB contacted the Town’s attorney regarding the request to rescind their original decision. Per the attorney, the SB has no standing to rescind the decision as this is an issue between two landowners. The hope is that the abutters can come to an amicable resolution.
Lawsuit resolution: Herron vs Guilford (3 minutes): Zon reported that the lawsuit by Jason Herron: the decision by the Superior Court was found in favor of the Town of Guilford. There is no further action to be taken on the part of the Selectboard. Herron strenuously objected to not being permitted to voice his opinion. Zon advised that as there is no action to be taken, and therefore no discussion to be had.
New Business
VT Dept. of Health – Guilford – BBCC point of distribution contract (8 minutes)
ACTION: The Selectboard expressed its unanimous approval and gratitude to the BBCC for taking on this role.
contract with Codewryter for website redesign (5 minutes)
ACTION: Zon moved and Richard seconded to approve Codewryter as a sole-source vendor for the redesign of the Town’s website, based on their experience over the past several months in updating and analyzing the website. All were in favor. None were opposed. No one abstained. Motion carried.
ACTION: Richard moved and Michael seconded to approve the proposed contract with Marjorie Ray of Codewryter to revamp the Town’s website at a cost not to exceed $3,600.00. All were in favor. None were opposed. No one abstained. Motion carried. The cost will be allocated to 003-3000-63.04 Technical Support.
Authorization of Fund Transfer Journal entries (10 minutes)
ACTION: Richard moved and Michael seconded to approve the following transfers of funds
009-Highway Surplus to Highway Reserve Fund: $191,044.82. This increased the balance in the Highway Reserve Fund to $1,133,193.
003 – Municipal Fund to General Reserve Fund: $45,528.77. This increased the balance in the General Reserve Fund to $267,494.00
604-Emergency Response Fund from General Reserve Fund: $5,700 to bring this inactive fund to $-0-.
007-Bike and Pedestrian Study Fund from General Reserve Fund: $7,432.02 to cover Town match to grant award.
All were in favor. None were opposed. No one abstained. Motion carried.
Finance (5 minutes)
Warrants ACTION: Verandah moved and Zon seconded to pay the following warrants. All were in favor. None were opposed. No one abstained. Motion carried.
Payroll – WE 11/20/22
$6,355.75
Payroll – WE 11/27/22
$6,693.25
Expense Warrant #2210
$42,964.66
Expense Warrant #FW10
$21.50
TOTAL
$56,035.16
Other Business – NONE
Communications (2 minutes)
Rescue, Inc. Report and Invitation
Request for permission to gain access to the tree from the front yard of the museum from Laura Lawson-Tucker:
ACTION: Richard moved and Michael seconded to grant permission to the property owners to allow the tree work to be conducted from the Old Town Hall (Museum) property, as long as the property is left in the state at which they found it. All were in favor. None were opposed. No one abstained. Motion carried.
Executive Session to discuss personnel issues per 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee
ACTION: Zon moved to enter executive session to discuss personnel issues per 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee and to invite Sheila Morse to participate. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Zon moved to exit Executive Session at 8:10 pm. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
No action taken
Actions from Previous Meeting – NONE
Action Taken see above
Actions to be Taken
Adjournment ACTION: Richard moved to adjourn and Michael seconded. All were in favor. None were opposed. No one abstained. Motion carried.
GUILFORD SELECTBOARD – SPECIAL MEETING Wednesday, November 2, 2022, 6:30 pm, 236 School Road, Guilford, VT
Minutes
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair; Richard Wizansky, Rusty Marine, Michael Becker, Verandah Porche via Zoom
OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator)
PRESENT in person: Richard and Patricia Bullock
PRESENT via Zoom: Jaime Durham, Nancy Detra, Victoria Hone, Tammy Sargent, Steve Lembke, Elliot Mitchell, Anna Klein, Jeannette Tokarz, Jason Herron, Rick Zamore, Sheila Adams, Anne Rider, Virginia F, Don McLean, Patrice Pennington,
Call to Order at 6:30
Rules of Procedure and community engagement
New Business
Open Meeting Law Violation Allegation #6: On October 25, 2022, Jason Herron alleged that Town Administrator Peder Rude and former Selectboard Chair Richard Wizansky violated the Open Meeting Law by seeking advice from the Town Attorney outside of a duly warned meeting. Although Mr. Herron previously alleged the same violation, and the Selectboard denied his allegation, he now additionally claims Mr. Rude and Mr. Wizansky violated 1 V.S.A. § 312(g) by seeking advice from the Town Attorney outside a duly warned meeting and has requested that the Selectboard reconsider his allegations. In particular, he claims Mr. Rude and Mr. Wizansky violated the portion of 1 V.S.A. § 312(g) which states, “[r]outine, day-to-day administrative matters that do not require action by the public body may be conducted outside a duly warned meeting, provided that no money is appropriated, expended, or encumbered.”
Mr. Herron’s specific violation claims are the following:
“Rude spent $192.50 in taxpayer funds seeking advice from the Town’s attorney outside of a Duly Warned Meeting. That Violates 1 VSA 312(g).”
“Chairman Wizansky improperly utilized the Town Administrator (A town Resource) to act on behalf of the library, he was a Trustee and The Treasurer of. This was a discussion with the bond bank about the feasibility of using recently discovered funds for the library addition. This was all done without the Selectboards Joint Authority which violates both 1 VSA 172 and 1 VSA 312(g).”
“Wizansky and Rude allocated taxpayer funds for the Town’s Law Firm to draft the revised bond language before the funds were disclosed to the public which violates both 1 VSa 312(g) and 1 VSA 172.”
Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.Selectboard is required to respond publicly within 10 calendar days
ACTION: Zon moved and Richard that the Selectboard determine that no violation of the Open Meeting Law has occurred and that no cure is necessary. Further, if Mr. Rude and Mr. Wizansky had violated the Open Meeting Law by seeking advice from the Town Attorney outside of a duly warned meeting, which they have not, the Selectboard later ratified their decisions by approving the finance expense warrants that included the legal fees. All were in favor. None were opposed. No one abstained. Motion carried.
Discussion: There was a disagreement between Jason Herron and others about whether or not town business can be conducted and expenses incurred absent a duly-warned public meeting.
Open Meeting Law Violation Allegation #7: On October 26, 2022, Jason Herron alleged that Selectboard Chair Zon Eastes violated the Open Meeting Law by seeking advice from the Town Attorney outside of a duly warned meeting. Although Mr. Herron previously alleged the same violation, and the Selectboard denied his allegation, he now additionally claims Mr. Eastes violated 1 V.S.A. § 312(g) by seeking advice from the Town Attorney outside of a duly warned meeting and has requested that the Selectboard reconsider his allegations. In particular, he claims Mr. Eastes violated the portion of 1 V.S.A. § 312(g) which states, “[r]outine, day-to-day administrative matters that do not require action by the public body may be conducted outside a duly warned meeting, provided that no money is appropriated, expended, or encumbered.”
Mr. Herron’s specific violation claims are the following:
“The receipt below (see attached full allegation)is evidence that Chairman Eastes spent $35.00 in taxpayer funds, seeking advice from Guilford’s Town attorney. Those funds were allocated to the law firm by Eastes outside of a Duly Warned Meeting, which is a violation of 1 VSA 312(g).”
“Chairman Eastes violated 1 VSA 172 when, acting on behalf of the Selectboard, he contacted the Town’s law firm without their Joint Authority.”
Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
ACTION: Zon moved and Richard seconded that Selectboard Chair Zon Eastes did not violate the Open Meeting Law in contacting the Town Attorney for advice. He is authorized as a Selectboard member to seek advice from the Town Attorney without approval of the full board, and this has no implication on the Open Meeting Law. All were in favor. None were opposed. No one abstained. Motion carried.
Discussion: several major concerns were expressed by Jason and a number of residents, including: the Selectboard is being hampered in its responsibilities to conduct town business; the huge time and expense burden of handling these allegations; the charge that expenses cannot be incurred without a duly-warned public meeting; and a call to move on from making repeated allegations and charges and go to court for resolution; and a call to civility.
Resubmittal of Open Meeting Law Violation Allegation #3: In Mr. Herron’s October 26, 2022 email regarding allegation #7, he goes on to seemingly request that the Selectboard reconsider his previous allegation #3 in which he claimed that he was refused a reasonable opportunity to speak at a May 9, 2022 public meeting.
Response: Pursuant to 1 V.S.A. § 314(c), following a denial of a violation, a person aggrieved by a violation may bring an action in the Civil Division of the Superior Court.
ACTION:Zon moved and Richard seconded that the Selectboard not reconsider this exact same allegation for a second time, as the Selectboard has already carefully considered this allegation and made a decision on October 10, 2022 denying the allegation pursuant to 1 V.S.A. § 314(b)(2). All were in favor. None were opposed. No one abstained. Motion carried
Adjournment : Michael moved and Rusty seconded that the meeting be adjourned. All were in favor. None were opposed. No one abstained. Motion carried. The meeting adjourned at 7:10 p.m.
Richard Wizansky ____________________________________
Open meeting Violation number 6
Jason Herron
Tue, Oct 25, 8:39 AM (9 days ago)
to Zon, me
To the Chairman of the Guilford Selectboard Zon Eastes,
Pursuant to 1 V.S.A. § 314(b)(1) and as a Resident of Guilford I, Jason Herron, am submitting to the public body this written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation.
Regarding the Selectboards Denial of Open Meeting Violation #1
The Guilford Selectboard’s Sole Reason for why they claim 1 VSA 172 (Joint Authority) was not violated was based on this one statement. “The Town Administrator has the authority under his contract to work on behalf of the Selectboard. This includes contacting the Town Attorney for advice and to draft bond language for the Selectboard’s consideration. Mr. Rude’s contact with the Town Attorney in no way violates the Open Meeting Law.”
The Selectboard’s reasoning for this denial REQUIRES that I now invoke 1 VSA 312(g) as additional evidence to the original allegation.
1 VSA 312(g) states that “routine, day to day administrative matters may be conducted outside a duly warned meeting, provided that no money is appropriated, expended or encumbered.”
In this instance, Guilford’s Town Administrator, Peder Rude, spent $192.50 in taxpayer funds, seeking advice from the Town’s attorney. This was done Outside of a Duly Warned Meeting. That is a clear violation of 1 VSA 312(g).
1 VSA 312(g) explains why the Selectboard was wrong in their original denial and should therefore reconsider their original determination. The Town Administrator has no authority to spend taxpayer funds on behalf of the selectboard. No individual Selectboard member, including the Chairperson, has the authority to spend tax dollars outside of a duly warned meeting. If taxpayer funds are to be spent, it needs to be authorized in a meeting and done with the Selectboards Joint Authority.
The Town Administrator, or any individual Selectboard member, can hire their own attorney to research statutes. Or they can utilize the free legal services offered to them by the VLCT. Or they can research the Statutes themselves utilizing their free Selectboard Handbook or any number of free online resources. Or they can make a motion, in an Open Meeting, and vote to authorize the spending of tax dollars for legal advice. However, no one is authorized to remove tax dollars from the public’s pocket without their consent.
The following paragraph is a transcribed quote from Guilford’s Town Administrator, Peder Rude, during Guilford’s Selectboard meeting on December 27, 2021. The town of Guilford had recently discovered some unused funds and Rude was explaining the events that transpired immediately following that discovery. Here is the meeting for reference. The entirety of this particular statement starts at the 6:10 mark.
“There was one final payment to pay off that bond. Through the discussion with the representative at the bond bank and noting that there are no more expenses outstanding for that portion of the project, what can the town do with those funds? Which led to the topic of the project at the library. We had a few questions, so we set up a follow-up meeting with the bond bank with Richard and Isaac Wagner anddiscussed with them about the feasibility of using those funds for the library project.”
The Guilford Selectboard Chairman at the time was Richard Wizansky. Wizansky was also the Treasurer and a Trustee of the Guilford Free Library. According to Rude’s statement, Wizanksy used town assets, to meet and discuss reallocating $195,000 in recently discovered public funds to the library addition. These funds were earmarked to the library addition before they were disclosed to the public. This was done without the concurrence of a majority of the selectboard body violating Vermont State Statute 1 V.S.A § 172. Joint authority
When joint authority is given to three or more, the concurrence of a majority of such number shall be sufficient and shall be required in its exercise.
The Selectboard responded to these allegations by stating that: “The Town Administrator has the authority under his contract to work on behalf of the Selectboard. This includes contacting the Town Attorney for advice and to draft bond language for the Selectboard’s consideration. Mr. Rude’s contact with the Town Attorney in no way violates the Open Meeting Law.”
The receipt below is evidence that Guilford’s Town Administrator, Peder Rude, spent taxpayer funds when he contacted the town lawyer. This was done without the Selectboard’s authorization. The Receipt also shows that the lawyer was instructed to add language to the Library Ballot before the funds were revealed to the public in an open meeting. Both instances required allocating taxpayer funds outside of a duly warned meeting and are thus violations of 1 V.S.A. §312(g)
1 V.S.A. §312(g) reads in its entirety as follows:
The provisions of this subchapter shall not apply to site inspections for the purpose of assessing damage or making tax assessments or abatements, clerical work, or work assignments of staff or other personnel. Routine, day-to-day administrative matters that do not require action by the public body may be conducted outside a duly warned meeting, provided that no money is appropriated, expended, or encumbered.
There are more than a dozen instances where the Town Administrator, Peder Rude, and the Selectboard Chairman, Richard Wizasky have spent taxpayer funds seeking legal advice outside of a duly warned meeting.
These instances have all been brought to the attention of the Guilford Selectboard as open meeting violations per 1 VSA 172 Joint Authority. My contention is that no individual Selectboard member may act on behalf of the Selectboard without having the Selectboards Joint approval, which can only be obtained by a vote in an open meeting.
In denial of that contested violation, the Selectboard claims the Town Administrator has the authority in his contract to work on behalf of the Selectboard.
1 VSA 312(g) clearly states that “routine, day to day administrative matters may be conducted outside a duly warned meeting, provided that no money is appropriated, expended or encumbered.”
Rude spent $192.50 in taxpayer funds seeking advice from the Town’s attorney outside of a Duly Warned Meeting. That Violates 1 VSA 312(g)
Chairman Wizansky improperly utilized the Town Administrator (A town Resource) to act on behalf of the library, he was a Trustee and The Treasurer of. This was a discussion with the bond bank about the feasibility of using recently discovered funds for the library addition. This was all done without the Selectboards Joint Authority which violates both 1 VSA 172 and 1 VSA 312(g).
Wizansky and Rude allocated taxpayer funds for the Town’s Law Firm to draft the revised bond language before the funds were disclosed to the public which violates both 1 VSA 312(g) and 1 VSA 172.
The specific cure.
It is requested that the Selectboard publicly acknowledge this scenario and explain why the actions taken were unlawful. This will help restore public trust while clarifying the mistake, so it doesn’t happen again.
It is also suggested that the Selectboard study the VLCT handbook and attend training, so they understand the Laws they are to work under.
From: Jason Herron <jbh512@msn.com>
Date: Wed, Oct 26, 2022 at 8:50 AM
Subject: Open Meeting Violation #7
To: Zon Eastes <zoneastes@guilfordvt.gov>
CC: Sheila Morse <help@guilfordvt.gov>
To the Chairman of Guilford’s Selectboard Zon Eastes,
Pursuant to 1 V.S.A. § 314(b)(1) and as a Resident of Guilford I, Jason Herron, am providing the public body this written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation.
Regarding the Selectboards Denial of Open Meeting Violation #3
The Guilford Selectboard claimed that Vermont Statute 1 VSA 172 (Joint Authority) was not violated because “Mr. Eastes is authorized as a Selectboard member to seek advice from the Town Attorney without approval of the full board, and this has no implication on the Open Meeting Law.”
The Selectboard’s reasoning for that denial REQUIRES that I now invoke 1 VSA 312(g) as additional evidence to the original allegations.
1 VSA 312(g) states that “routine, day to day administrative matters may be conducted outside a duly warned meeting, provided that no money is appropriated, expended or encumbered.”
Specific Violation – The receipt below is evidence that Chairman Eastes spent $35.00 in taxpayer funds, seeking advice from Guilford’s Town attorney. Those funds were allocated to the law firm by Eastes Outside of a Duly Warned Meeting, which is a violation of 1 VSA 312(g).
Specific Violation – Chairman Eastes violated 1 VSA 172 when, acting on behalf of the Selectboard, he contacted the Town’s law firm without their Joint Authority.
1 VSA 312(g) explains why the basis for the Selectboard’s original denial is erroneous and must be reconsidered.
The Selectboard has also failed to address several other allegations in their original decision. Since the Selectboard is the Head of Agency in this matter, if the Selectboard’s determination is appealed, the Court will want a clear understanding of how the Selectboard is interpreting these accusations.
The questions below, that are written in bold, all require a response from the Selectboard. This is to ensure the Court has a clear understanding of the events that transpired if an appeal becomes necessary.
On May 9th, 2022, Jason Herron was on a regular selectboard meeting agenda to discuss Guilford’s Conflict of Interest policy. During that meeting, he was refused an opportunity to participate in two agenda items concerning Public Document Requests. Herron was also silenced using a premeditated scheme by Selectboard Chairman Zon Eastes during Herron’s allotted agenda time. Here is the link to that meeting. An account of what transpired is outlined below and began at the 50:00-minute mark.
The Selectboard granted themselves 5 minutes to discuss recent Public Document Requests. At the end of those five minutes, the public was allowed to speak and the selectboard responded to their questions and comments. However, when Herron tried asking about a Document Request, without hearing any questions, the Selectboard said they planned to address his questions during the next agenda item. That statement inferred to the public that the next agenda item was about a specific Document request that was made by Herron. The Selectboard then refused to hear questions from Herron during this period of public discussion. Does the selectboard deny they refused to hear questions from Jason Herron during the public discussion period of the agenda item just mentioned?
The Selectboard then allotted themselves 8 minutes to address a specific document request Herron had made. They started off that 8-minute presentation by stating there would be no public discussion following it. During that statement, Eastes even invoked Herron’s name, but still would not let him respond. Does the Selectboard deny that Eastes invoked Jason Herron’s name? Does the Selectboard deny that they would not allow public discussion after their statement?
Herron was also the only one who was timed during the entire meeting. He was given a predetermined 5 minutes to address his agenda item. Since he was not allowed to participate in the two previous discussions about Document Requests, he put his agenda item (Conflict-of-Interest) aside. He was forced to clarify all the accusatory misstatements the selectboard had just made about his and other Document Requests during their combined 13-minute presentations. Was Herron the only one who was alerted, by an alarm, that their allotted time had expired during the meeting in Question?
When five minutes were up, an alarm sounded, and Herron was cut off in mid-sentence. Herron was not given a reasonable opportunity to discuss his agenda item because he was forced to Defend himself from the Selectboard’s accusations. When several members of the community offered to donate their time, so Herron could finish his presentation, the selectboard refused and took a 10-minute recess. Does the selectboard deny they took a recess immediately after several residents offered to donate their time for Herron to continue his presentation?
Earlier that same day, on May 9th, Eastes used taxpayer funds to seek advice from the Town’s lawyer without first discussing that decision in an open meeting. That action is a violation of 1 VSA 312(g) and 1 VSA 172 Joint Authority. The conversation Eastes had with the Town’s law firm, was regarding a “potential for altercation at SB meeting and ability to call for recess without a vote.” Does the Selectboard deny Eastes asked the Town’s law firm if he had the ability to call for a recess without a vote?
Herron also asked the selectboard several direct questions, but they refused to respond. Prior to the meeting, Eastes had sent an email to Herron stating that he should expect “friendly ears, but sure silence from us.” Does the Selectboard deny this email was written?
Specific Violation – Members of the public have the right to participate in public meetings. Specifically, public bodies must give members of the public a reasonable opportunity to express their opinions on matters being considered by the body at an open meeting. 1 V.S.A. § 312(h).
Herron was omitted from participation in the public discussion of two separate agenda items. He was also not given a reasonable opportunity to express his opinions on matters being considered by the Selectboard during that same meeting. The Selectboard also refused Herron’s right to participate by refusing to answer any of his questions.
Specific Violation – The following persons can be found guilty of a misdemeanor and fined up to $500:
• A person who knowingly and intentionally participates in the wrongful exclusion of any person or persons from any meeting. 1 V.S.A. § 314(a).
On May 9th, Chairman Eastes contacted Guilford’s Town lawyer asking if it was legal to call for a recess without a vote. Later that very evening, immediately after several residents of Guilford offered to donate their time for Herron to finish his presentation, Eastes called for that recess without a vote.
The specific cure:
It is requested that the Selectboard publicly acknowledge this scenario and explain why the actions taken by the elected officials involved were unlawful. This will help restore public trust while clarifying the mistake, so it doesn’t happen again.
It is also suggested that the Selectboard be required to read the VLCT Selectboard Handbook and attend training, so they understand the Laws they are to work under.
GUILFORD SELECTBOARD – MEETING Monday, 24 October 2022, 6:30 pm, 236 School Road, Guilford, VT
MINUTES
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair, Michael Becker, Rusty Marine, Verandah Porche, Richard Wizansky
OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator), Dan Zumbruski (Road Commissioner)
PRESENT in person: Dolores Clark, Steve Lembke, Mary Wallace Collins; Chuck Collins, Jethro Eaton, Nancy Coan, Roman Nemet, Victoria Hone
PRESENT via Zoom: Beth Bristol (GSC), Carol Schnabel, Anna Klein, Lesley Malouin, Marty Ramsburg, Marianne Lawrence, Charles Light, Rick Zamore, Mary Ellen Franklin, Nancy Detra, Don McLean, Rick Pennington, Cathi Wilken, Sherri Keefe, Jason Herron, Christina Belogour, Linda Hecker, Sheila Adams, John Shaw, Jeannette Tokarz, Paul Belogour, Julie Beet, Ben James, Dan Powersmith, Claire Griffith, Anne Rider, Susan Bonthron, Richard Cianflone, Patrice Pennington, Lyle Howe, Regan Anderson, Jaime Durham. Two attendees, not having complied with the Chair’s request to identify themselves by first and last names, were placed in the Waiting Room: Christopher D. and 646.322.8209)
Call to Order – 6:30 p.m., with estimated times
Welcoming of Public – Community Comment Period, 10 minutes
Nancy Detra of Guilford Energy Committee:talked about Window Dressers’ insulation project that’s taking place at Winston-Prouty. They Invite residents to participate in this project every year in October…
Mary Wallace-Collins: The Rec Commission is holding its annual Trunk or Treat event Saturday 10/29/22 from 1-3 p.m. at the Guilford Fairgrounds, followed by an “All-Ages Halloween Party at the BBCC” from 5 p.m.
Verandah read her poem honoring the reopening of the Broad Brook Community Center (attached)
Changes to Agenda Order
Pursuant to 1 V.S.A. § 312(d)(3)(A), any addition to or deletion from the Selectboard agenda shall be made as the first act of business at the meeting. We therefore amend the agenda to include Jason Herron’s October 24, 2022 resubmittal of open meeting violation allegations that he previously submitted on October 5, 2022 and which the Selectboard publicly responded to on October 10, 2022. This item will be added to Agenda Item #8, New Business.
ACTION: Zon moved and Rusty seconded that we add Jason Herron’s request for a response to his 10.24.22 resubmittal of an Open Meeting Law violation allegation, previously submitted on October 5, 2022. to the agenda. – Section 8(c). All were in favor. None were opposed. No one abstained. Motion carried.
Approval of Minutes of 10.12.22 meeting, 2 minutes
ACTION Richard moved to approve the minutes as written. Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried. Zon noted that the minutes are very long.
Updates & Reports
Highway, 5 minutes
New employee on Road Crew – Jason Willette. The Road Crew is now fully staffed.
Grading on some roads but Tater Lane turned to soup due to today’s rain so they had to postpone further work.
Needs to get rip rap on Guilford Center Road
Sand bid – opened All States/Mitchell came in the lowest. Received bids
ACTION: Richard moved that we accept the bid from All States / Mitchell to supply winter sand at a cost of $12.87 per Cubic Yard.Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried. It was noted that the price of sand has increased substantially since the FY2023 budget was created. If the Road Crew uses the full 4,000 CY the total cost will be $51,480, $6,480 over budget. But it’s difficult to estimate how much sand will be used during any winter season.
Postpone Jelly Mill Bridge RFP
ACTION: Zon moved that we extend the RFP deadline for repairing Bridge #62, Jelly Mill, from 10.24.22 to 12.12.22. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Guilford Central School Leadership Committee, 8 minutes
Beth Bristol of GCS Leadership Committee noted that the Leadership Committee arose from Act 46 and was formed to maintain representation of local schools in the District. It’s a 10-member committee consisting of parents, staff members, school principal John Gagnon, and Sean Murphy, Guilford’s representative to the School Board. This configuration makes for a lot of good involvement. Their primary role is to provide input and advocacy to the school board on local issues, concerns, etc.Currently they are focused on developing a formal chain of communication between the local leadership councils and the school board. Also, the Committee is working on an annual budget. Verandah applauded the leadership council on their work and contribution to the community.
Capital Improvement Plan Report, 2 minutes
Sheila reported that on Tuesday, 10/25, we will be working with the former Assistant Treasurer and our accounting software firm’s consultant – the former has the historical background and the latter the software expertise AND years of experience consulting with Guilford’s staff. They will extract information from the past 5 years of financial data and provide us with the means to create the report, both the history and the format for annual use going forward.
Old Business
Request to reconsider Stony Hill Road Right of Way, 5 minutes
Roman Nemet and Nancy Coan presented their request to the SB to reverse its decision of 8/2019 allowing Paul Belogour to make improvements to Stony Hill Road, upgrading the road to Class 3. They instead want Belogour to use the property he bought from Nemet so that access to Viking Village will not be via Stony Hill Road within just a few feet of their house. Roman shared a number of slides depicting which he will submit in hard copy to the Selectboard.
Victoria Hone, the attorney representing Paul Belogour and Viking Village responded. She noted that a permit was issued in 2019 and there were two written comments but nothing from Nemet. To their knowledge, notice was sufficient.Two years after the fact Paul Belogour has invested $10-20K to bring the road up to Class 3 standards. The land sale is outside the scope of permitting.
Nemet and Coan will submit a response to the attorney’s representations. It was noted that the understanding vis-a-vis the Belogour purchase of the Nemet property was a verbal agreement, not a legal commitment.
New Business
Budget Workshops, 2 minutes
Schedule:
Thursday, 10/27 9 to 10:30 am
Thursday, 11/10 9 to 10:30 am
Monday, 11/21 9 to 10:30 am
If necessary, Thursday 12/8 9 to 10:30 am
Some participants expressed a strong preference for holding these workshops during evening hours. Zon explained that those hours are difficult for a majority of those who must attend the workshops and that, to offset the inconvenience to the public, meetings will be via Zoom, recorded, and posted as soon as possible. The public is invited to send any questions pertaining to the meeting’s discussions to the Asst. Town Administrator. The intention is to address them in a subsequent workshop.
Open Meeting Law Violation Allegation, No. 5, 5 minutes
On October 14, 2022, Jason Herron alleged that Selectboard Chair Zon Eastes violated the Open Meeting Law by consulting with the Town Attorney without Selectboard approval on the topic of whether Selectboard Member Richard Wizansky has a conflict of interest in matters involving the Guilford Free Library OR that the Selectboard violated the Open Meeting Law by meeting as a quorum privately to authorize Mr. Eastes’ contact with the Town Attorney. Mr. Herron’s specific violation claims are the following:
“There has never been an Open Meeting discussion to contact the Town’s lawyer for this legal advice. If advice was obtained on the aforementioned subject, it was done by Eastes without being given Joint Authority, which can only be obtained in an open meeting.”
“There has been no Open Meeting discussion that released Wizansky of his well-established conflict with the Guilford Free Library.”
“Since it was never discussed in an Open Meeting why Wizansky was being released from his well-established conflict with the library; and since there is no invoice or public record of any kind that a discussion happened with either law firm; and since there was no open meeting discussion that authorized gathering any of this alleged legal advice, the selectboard has clearly met outside of an open meeting to establish this narrative.”
Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
ACTION: Zon moved that, as Selectboard Chair,he did not violate the Open Meeting Law in contacting the Town Attorney for advice. He is authorized as a Selectboard member to seek advice from the Town Attorney without approval of the full board, and this has no implication on the Open Meeting Law. Additionally, the Selectboard did not meet as a quorum privately. The Selectboard has determined that no violation of the Open Meeting Law has occurred and that no cure is necessary. Michael seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Michael said: “I support you Zon. I also support the good people of Guilford. We, the Selectboard, want nothing more than to carry out the business of the town in a peaceful and timely manner. I will not support false, angry rhetoric. The bullying and harassment we are being subjected to is unhelpful and counterproductive.
This is abusive, plain and simple. I’ll say it again. Abusive. And it needs to stop”.
Jason claimed he’s doing his duty, telling the Selectboard that they are wrong, and will continue to do so until they see they are wrong. He wants the town to know what’s going on.
Allegation of Open Meeting Law Violations Allegations Nos. 1 and 2
Mr. Herron resubmitted two allegations that he previously submitted on October 5, 2022. The Selectboard considered these October 5, 2022 allegations and publicly denied the allegations on October 10, 2022. The Selectboard is required to respond publicly within 10 days.
ACTION: Zon moved that the Selectboard not consider these allegations for a second time, as the Selectboard has already considered these allegations and made a decision pursuant to 1 V.S.A. § 314(b)(2). Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Pursuant to 1 V.S.A. § 314(c), following a denial of a violation, a person aggrieved by a violation may bring an action in the Civil Division of the Superior Court.
Jason noted that he inserted a new allegation. Rick Pennington commented that he agreed with the decision to deny with new information, adding that it seems very clear, based on what he’s heard, that there is no violation.
Report on Requests, Claims, Allegations, Appeals, and Suit,10 minutes
Zon read in a report to the Selectboard, which is attached to these minutes.
ACTION: Richard moved and Michael seconded that the Selectboard accept that report. All were in favor. None were opposed. No one abstained. Motion carried. Comments included the following:
Verandah noted that as a town if feels that we’ve crossed a line. Lies circulate; they are reputed; they are repeated, and it’s damaging to all of us and I have to wonder why.”
Richard said “I thoroughly agree with your assessment. The Selectboard is being harassed and bullied. Our town is spending an inordinate amount of money on legal fees for the same unfounded allegations that are being presented over and over again. They have all proved wrong. It’s my hope that our community will understand what’s going on here and use their voices to counter these unfounded attacks.
Steve Lembke – asked what outcome Jason Herron is seeking.
Susan Bonthron and husband expressed support of and respect for SB’s work.
Anne Rider echoed Susan’s comments and added that it breaks her heart to see Selectboard overwhelmed by the”lies, lawsuits, and allegations” which are detracting them from their real work. In her experience on the board, there were plenty of differences of opinion, but they were civil, not unhealthy disagreement.This is not healthy.
Jason noted that he’s just trying to find the truth and has done everything by the book. He questioned the Selectboard if, before any of the allegations had they ever had 1 V.S.A. 312(g). Would like transparency.
Rick Pennington noted that Mr. Herron raised the issue of a new statute pertaining to his resubmission. However, that statute was in effect when he brought up his original allegation so he had an opportunity to raise it before.
Nancy Detra noted that she voted to elect the members on the Selectboard because she can trust them to do the work needed on behalf of the Town, not to fight lawsuits.
Dolores Clark appreciates both sides and feels the frustration of both parties. She claimed that the Conflict of Interest was not addressed.
Marty Ramsburg appreciates Selectboard hanging in there through all of this and echoed Steve Lembke’s question: What is Jason’s goal? If nothing short of agreeing with him is the only solution acceptable to him, then the SB should not spend time and money on that.
Steve Lembke wanted to know if it would be helpful to appoint a sub-committee to deal with allegations.
Finance
Warrants, 5 minutes
Payroll – WE 10.09.22
$6,332.93
Payroll – WE 10.16.22
$5,338.95
Expense Warrant #2208
$289,143.65
TOTAL
$300,815.53
ACTION: Verandah moved to pay the finance warrants as read. Zon seconded. All were in favor. None were opposed. None abstained. Motion carried. Verandah noted that All States Asphalt’s invoice of $267K for paving Hinesburg Rd, about $200K of which will be reimbursed through a grant.
Other Business – NONE
Communications – NONE
Action Summary from Previous Meeting: approved minutes, sending out JP ballot, center line painting on new pavement; moved to use Bond principal to pay final loan from VT Bond Bank Loan fund and to use Reserve funds to cover cost of future unanticipated costs of legal fees; approved exploring the option to appoint rather than elect a treasurer, and asked Penny and Sheila to draft jD; reviewed four allegations of OML violations and determined no violations; approved warrants, hiring a new road crew member and asking Sheila to work more.
Actions Taken: approved change to agenda order, the 10.12.22 minutes, a bid for providing winter sand, and postponed the RFP due date for Jelly Mill bridge repairs; attended to OML violation allegations, adopted report from the Chair, approved warrants
Actions to be Taken: SB will review the request from Roman Nemet once he submits more information.
Adjournment
ACTION: Richard moved to adjourn. Rusty seconded. All were in favor. None were opposed. None abstained. Motion carried. Meeting adjourned at 8:25 p.m.
Richard Wizansky ____________________________________
BROAD BROOK CHRONICLE
composed on the opening of the Broad Brook Community Center
by Verandah Porche, October 22, 2022
Those who reap the most abundant harvest are those who contribute most liberally of their own time and talent. From the Preface to the Official History, penned by Guilford’s Broad Brook Grangers: 1961.
1. 1896—from Vermont Phoenix:
The people of Guilford are to be congratulated
on having such a live, energetic order as the
Broad Brook Grange, for through their efforts
a handsome and substantial building has been
erected as a monument to their fidelity and
perseverance. One is impressed with the solid
appearance and convenient arrangement.
Numbered hooks will accommodate 150 articles
of clothing. A kitchen is equipped with all
the modern conveniences for a crowd.
All the rooms are finished in hard pine.
Upstairs is a seating capacity of over 300;
a stage with a good assortment of scenery,
all that amateur plays will call for.
It has a handsome drop curtain with a scene
from Ben Hur, “the chariot race.”
Everything about the building is first class
and one good granger said, “It is too good for us,”
but we don’t agree with him.
The opening drama, “Bound by oath,”
was followed by a dance and chicken pie supper.
The building was packed to suffocation….
2. Squares and Reels
With foolery and fortitude
In winters past, our neighbors wooed.
They scoffed at blizzards, slung on chains
To swerve and mingle at the Grange,
Fiddle, flounce, then strike a match,
Converse, rehearse, propose, attach.
“We made a go of it, I guess,”
That sweet momentum after “Yes!”
Years do-si-do then promenade,
The caller halts, the piper’s paid.
Ah, foolery and fortitude—
What precious wisdom we’ve accrued.
*
Tend what’s old, and make it sound—
Raise the Grange Hall. Set it down
Stronger ever than before.
Let spirits dance across the floor—
Ken and Pat who drilled our wells,
Mimi who picked chanterelles,
Margery, back with Emery,
Promenade through memory—
Lucy and Abijah Prince,
Driven out and honored since.
For eloquence and bravery
We mark their place in history.
3. October: the Ah!! before the B-r-r-r.
Sun, bless us as we gather—
Weary of wariness, sick of malaise,
Giddy with gratitude, primed for praise.
There’s majesty on every ridge.
(Who spoke of drought-dull foliage?)
As Autumn doffs her golden gloves,
Let’s say Nature’s labors of love
Are matched by Neighbors’ hearts and hands,
With skills and wiles such work demands—
Rend, transcend, amend, and spend
To resurrect our treasured friend.
O, Broad Brook Center, splendid Grange,
What secrets lodge within your change?
Who dug the ancient stone-lined well
Below the crawl space? None can tell.
How did your rituals unfold,
To lighten the load of winter’s cold?
Who recalls that New Year’s Eve?
250 revels caused the heave—
A sinking feeling and a crack!
Eleven years propped on a jack.
Where is the lift? We must be shown
To elevate our ancient bones.
What new farmers will fill your larder,
Move the produce, sell or barter?
How did you shift from bricks and mortar,
From “shiver my timbers” to apple pie order?
Who will script your future scheme?
We’ll stitch together common dreams,
And reawaken, cellar to rafter,
Guilford’s happily ever after.
Report on Requests, Claims, Allegations, Appeals, and Suit
I offer this report to the Selectboard and to the Guilford community at large. I seek to advise the Selectboard and the community out of concern for what appears to be the intentional use of lies and misinformation, and distraction, to gain a platform.
I will lay out a number of facts and, though I could speak of related reports from multiple community members, I will limit focus here to instances of lies, misrepresentation, and distraction that have come only before the Selectboard.
To set the context. In the past seven months, the Selectboard has responded to Requests for Records from five Guilford residents and one from the west coast. All requests have been responded to, some with guidance from the Town’s attorney. The language of these requests ranges from entirely civil to downright surly. For example, one critic wrote: “Seriously, what kind of fascist dystopia do you think you are living in that you get to hide public records from the public. You guys should be utterly ashamed of yourselves.”
The Selectboard has endured additional claims that the Selectboard acts through impropriety, and that the Selectboard lies. The Selectboard has responded to multiple allegations of violation of Open Meeting Law. The Selectboard has responded to formal and informal appeals of Selectboard decision-making.
The Selectboard is currently involved in a suit against the Town.
Let me state clearly: Guilford citizens are guaranteed the right to seek information and clarity from their government. The Selectboard upholds the use of appropriate access, formal and informal, by all residents.
During the onset of the Town Administrator’s serious illness last winter, the Selectboard was inadequately equipped to respond to records requests in a timely fashion. Vermont statute is very clear about the timings for response to citizen requests. The Selectboard responded as it could, but under the circumstances, we fell short. Over the past several months, however, and with the able assistance of the Assistant Town Administrator, the Selectboard has kept pace with these issues in a timely fashion, all according to statute.
On average, the Assistant Town Administrator and the Selectboard chair spend between 6 and 16 hours per week addressing the kinds of issues I listed before. Because statute is very clear about allowable response times, the hours spent responding to requests are then hours we cannot spend addressing the Town’s ongoing business.
Additionally, to address these issues fully and properly, the Selectboard has already, in the first three months of this fiscal year, spent just over 100% of the year’s budget for legal fees. At its last meeting, to cover future related costs, the Selectboard approved use of reserve funds to cover unanticipated legal expenses.
This evening, in the previous two agenda items, you heard a fifth allegation of violation of Open Meeting Law as well as a re-submittal of two previous allegations. All these allegations come to the Selectboard from a single citizen. In the fifth allegation, each ‘specific allegation’ is a repeat or re-working of an issue that has previously come before the Selectboard. Statute is very clear about what avenues are available to citizens when a different outcome is desired.
For our general understanding, and by way of example, I want to highlight the elements of that fifth allegation.
1. The first specific allegation questions the Selectboard chair’s authority to contact the Town’s Attorney for legal advice. The chair has the authority to contact the Town’s attorney. The Selectboard has previously and repeatedly dealt with this issue.
2. Central to the second specific allegation, you may be familiar with the claim about a Conflict of Interest concerning a current Selectboard member. Out of an abundance of caution, the Selectboard first consulted with Vermont League of Cities and Towns (VLCT) and later, when the charge was leveled again, the Selectboard consulted with the Town’s attorneys. Indeed there are some missing signed Conflict of Interest statements. This has been acknowledged. But there is no conflict of interest. Yet now there is a lawsuit against the Town dealing with this issue. That lawsuit is pending in Vermont Superior Court.
I will note here that, during the last Selectboard meeting, on Oct 12, when the suit was mentioned, it was claimed that the Town was not being sued. Examining the opening of the legal document itself, called a Summons, delivered to the Town on June 7, right up at the top, number 1, we see: “You are being sued. The Plaintiff has started a lawsuit against you.”
3. The final specific allegation represents a repeated misrepresentation of the conflict of interest issue I just spoke about. The Selectboard has previously heard and ruled on this issue.
A Selectboard need not hear the same claims repeatedly. We have been advised that repetitious allegations speak to a legal concept called Res judicata. In essence, restating a claim that has already been judged incorrect or inaccurate will not make it true no matter how many times it is repeated.
Additionally, five or six months ago, long before any of these issues became allegations, I approached the alleger privately about sitting down to discuss the issues in front of us. The alleger deflected, choosing not to discuss the matter in person. Now, months later, the Selectboard – after having heard and acted – still hears about these issues.
It has been suggested, even requested, by some citizens that the Selectboard and the alleging party enter a mediation process. Indeed, it has been repeatedly asserted that the Vermont League of Cities and Towns could and would provide mediation services at no cost or a fraction of the current legal costs. While on the face of it, mediation might seem a reasonable next step, VLCT has never offered mediation services to Vermont towns. VLCT is willingto refer a short list of professional mediators. Thus, the course of mediation for this situation is not available, at least not at free or reduced rates.
Further, mediation is a tool used when two parties cannot agree. Because the Selectboard is governed by Vermont Statute (read: the statute is very clear about the issues at hand, and about what potential remedies can be taken), there simply is no issue here to negotiate. Let me say that again: Because the Selectboard is governed by Vermont Statute, there simply is no issue here to negotiate. While mediation could well be used to rebuild greater trust in our community, it is the wrong tool for this moment.
If a resident seeks to contest any Selectboard ruling, that person may file a suit against the Town of Guilford. Statute is very clear. Or that person may contact any individual Selectboard member for an informal, community-building discussion.
It has been my experience that the Selectboard welcomes inquiries from Guilford residents. We are each volunteers, here to serve our community. We are indeed fallible. For the record, we have corrected past mistakes and are willing to do so in the future.
Going forward, I will also call out lies, misrepresentations, and distractions as they occur.
The Selectboard has done so with regard to lies and misrepresentation about the Guilford Free Library project, about a supposed conflict of interest, and about allegations of multiple open meeting law violations. It is disturbing that the community is currently enduring the intentional and repeated use of lies, misrepresentation, and distraction.
Finally I hope the town understands that these ongoing lies, misrepresentations, and distractions are costing you, the taxpayers, money in the form of legal fees and reduced productivity. They have disrupted the orderly operation of town government and, to my eyes, have encouraged suspicion and divisiveness in our town.
It is my firm belief that Selectboard members, individually and together, wish to proceed with good will, openness, and clarity, to carry on with Guilford’s work.
I was deeply inspired by the opening of the Broad Brook Community Center on Saturday. I was especially struck by words that Town Moderator Rick Zamore offered in closing. With his kind permission, I adjust the final bit: Let us welcome new opportunities to connect and care about one another here in Guilford.
GUILFORD SELECTBOARD MEETING Wednesday, October 12, 2022, 6:30 pm, 236 School Road, Guilford, VT
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair; Michael Becker; Rusty Marine; Verandah Porche; Richard Wizansky (via Zoom)
OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator), Dan Zumbruski (Road Commissioner)
PRESENT in person: Austin (BCTV), Connie Burton, Mary Wissman, Steve Lembke, Lyle Howe, Dolores Clark;
PRESENT via Zoom: Roberta Bremmer, Christina Belogour, Jason Herron, Anna Klein
Call to Order at 6:31 pm Estimated Time
Rules of Procedure: Zon shared the Rules of Procedure
Welcoming of Public – Community Comment Period 10 minutes
Mary Wissman spoke on behalf of the members of the BCA and Guilford voters. The BCA met on 10.11.22 to discuss how to remedy the issue of the Justice of the Peace ballot. The BCA requested that the Selectboard approve (a) issuing a new ballot to replace the one previously created by the Town Clerk and (b) the costs for doing so. BCA members will work with the Town Clerk to explain the new ballot and send it to all residents well before election day.
Sheila Morse mentioned that the Town Clerk will open the Town Office, solely for payment of taxes, on 10.14 and 10.15, and noted that no other Town business would be transacted during those hours.
Changes to Agenda Order: discuss “ D. JP mailing” after approval of the minutes.
Approval of Minutes 2 minutes
Regular Meeting of 9.26.22
ACTION: Michael moved to approve the minutes as written. Rusty seconded. All were in favor. None were opposed. No one abstained. Motion carried.
JP Ballot Mailing 5 minutes
ACTION: Zon moved to support the BCA actions to remedy the JP ballot by sending out a new ballot for all voters in Town. Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Updates & Discussions
Highway 5 minutes
Hinesburg Road paving and gravel shoulders completed; Algiers Village paving completed, hoping to get School Road and Center Road shoulders completed in the coming few days; tires have been ordered for three trucks; trying to complete the mowing jobs and cleaning leaves from the ditches; also the crew is still ditching and will continue to do so until the ground freezes.
Center line and edge painting on Center Road and Hinesburg Road – will cost $.20/ft for double edge lines and $.075 per foot for each edge painting.
ACTION: Zon moved to authorize painting the center lines of the newly paved roads at a cost not to exceed $7,500 (about 4.5 miles). Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Guilford Central School Leadership Committee TABLED 8 minutes
Old Business
Declaration of Inclusion 5 minutes
signed
BDCC/SeVEDS Letter of Support 5 minutes
signed
New Business
Reallocation of Funds: VT Bond Bank loan; legal fees 5 minutes
In attending to the budgetary health of the Town a number of issues have come to light in the past weeks. he final payment of the principal on the $195K bond fund was not included in the FY2023 budget approved by residents. The board needs to determine the source of funds for the amount owed: $19,793.28. The Vermont Bond Bank counseled that the Town may apply any balance in the fund to the final payment. Doing so would reduce funds available to cover the cost of a project approved by the voters, which also meets the terms of the Fund to $175,206.72.
ACTION: Zon moved that the SB approve the use of the bond principal to pay down the remaining amount owed on the loan, contingent on confirming that the use of the funds in this way is allowed by Vermont law. Richard seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Legal fees are well over budget. Zon presented the background of both FY 2022 and the current Q1 of FY2023.
ACTION: Richard moved to authorize the use of Fund 07 Reserve Fund General to cover the cost of future legal payments in FY 2023. Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried.
In recognition that a substantial portion of the excess legal fees are as a result of actions on the part of Jason Herron, Jason stated that he was again offering to the board to enter into mediation under the guidance of VLCT. Zon undertook to explore with the Town’s attorneys and VLCT how this process might work. The stated goal of all parties is to keep legal costs to a minimum.
Appointment of Assistant Treasurer 5 minutes
Zon explained that the above discussion is indicative of a number of financial issues that Guilford has worked to resolve over the past months. He noted that Penny is retiring from both Clerk and Treasurer positions in March 2023. In consideration of her recommendation to the SB to appoint a qualified treasurer following her retirement, he stated that it’s in the best interest of the SB to consider how to act on her recommendation, and to determine how to recruit an appropriate candidate who can take on the Treasurer responsibility. Penny’s statement in the forthcoming Gazette reads: “the underlying fundamentals and challenges of municipal finances have become increasingly complex. That trend will probably continue. Guilford needs a Treasurer with expertise in municipal accounting and finances. To that end, I feel that appointing a qualified Treasurer would be the best course of action for Guilford.”
ACTION: Richard moved to put the question of appointing a treasurer on the March 2023 Town Meeting Warrant on the ballot. Rusty seconded. All were in favor. None were opposed. No one abstained. Motion carried.
ACTION: Zon moved that Penny and Sheila, in consultation with VLCT, draft a Treasurer job description for Selectboard review, whereby the Town treasurer could appoint an interim treasurer. Michael seconded. All were in favor. None were opposed. No one abstained. Motion carried.
The goal is to define the position, recruit an interim Assistant Town Treasurer, hire and train that person, in advance of Penny’s retirement so that, if the measure passes at Town Meeting, Treasurer responsibilities are handed off to a competent person in a smooth transition.
Open Meeting Law Violation Allegations 10 minutes
Zon read the allegations and responded to them as advised by the Town’s attorneys.
ACTION: Re Violation # 1 of OML: Zon moved and Verandah seconded that the Selectboard determine that no violation of the Open Meeting Law has occurred and that no cure is necessary. All were in favor. None were opposed. No one abstained. Motion carried.
ACTION: Re Violation # 2 of OML: Zon moved and Michael seconded that the Selectboard determined that no violation of the Open Meeting Law has occurred and that no cure is necessary. All were in favor. None were opposed. No one abstained. Motion carried.
ACTION: Re Violation # 3 of OML: Zon moved and Richard seconded that the Selectboard determined that no violation of the Open Meeting Law has occurred and that no cure is necessary. All were in favor. None were opposed. No one abstained. Motion carried.
ACTION: Re Violation # 4 of OML: Zon moved and Verandah seconded that the Selectboard determined that no violation of the Open Meeting Law has occurred and that no cure is necessary. All were in favor. None were opposed. No one abstained. Motion carried.
Finance
Warrants
Payroll – WE 10.02.22
$$6,101.07
Payroll – WE 10.09.22
$5,403.83
Expense Warrant #2207
$22,978.00
Expense Warrant #FW7
$88.00
TOTAL
$34,570.90
ACTION: Verandah moved to pay finance warrants as read. Richard seconded. All were in favor. None were opposed. None abstained. Motion carried.
Other Business NONE
Communications NONE.
Executive Session to discuss personnel issue 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee.
ACTION: Zon moved that premature knowledge of employment discussions could potentially put the Town at significant disadvantage. Richard seconded. All were in favor. None were opposed. None abstained. Motion carried.
ACTION: Zon moved and Richard seconded that the Selectboard move into Executive Session per 1 V.S.A. § 313 (a)(3) inviting Sheila Morse and Dan Zumbruski to participate, to discuss personnel issues. All were in favor. None were opposed. None abstained. Motion carried. The board entered into Executive Session at 8:25 p.m.
ACTION: Zon moved and Michael seconded to exit Executive Session at 8:43 p.m. All were in favor. None were opposed. No one abstained. Motion carried.
ACTION: Zon moved to authorize Dan Zumbruski to offer the open job of Road Crew member to the candidate he recommended to the Selectboard. Rusty seconded. All were in favor. None were opposed. No one abstained. Motion carried. Richard requested that the candidate’s references be on file in his personnel file before final confirmation of employment.
ACTION: Zon moved to amend Sheila Morse’s contract to permit up to 80 hours in a two-week period, in recognition of the increased burden of carrying out the tasks of the Assistant Town Administrator. Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried. Sheila disagreed with Jason’s characterizations of her workload.
Action Summary from Previous Meeting: BDSS-SeVEDS letter of support; Declaration of Inclusion. (Decision to accept donation of color printer still pending)
Actions Taken: Approve BCA request; approve a not-to-exceed cost for line painting; approve source of funds to pay final bond payment and legal fees in excess of budget; approve a question for the Town Meeting warrant regarding appointing a Treasurer, and begin to draft a Treasurer job description; determination of no Open Meeting Law violations; payment of warrants; authorization to hire for the open Road Crew position; authorization to amend Sheila’s contract.
Actions to be Taken – contact VLCT regarding mediation; draft Treasurer Job Description; amend Sheila’s contract; confirm new employee references and complete on-boarding process.
Adjournment
ACTION Richard moved to adjourn. Rusty seconded. All were in favor. None were opposed. None abstained. Motion carried. Meeting was adjourned at 8:51 p.m.
Richard Wizansky ____________________________________
ATTACHMENTS: Open Meeting Law Violation Charges and Responses
Jason Herron
Wed, Oct 5, 7:13 AM (7 days ago)
to Zon, me, Peder
To the Chairman of Guilford’s Selectboard Zon Eastes,
Pursuant to 1 V.S.A. § 314v(b)(1) and as a Resident of Guilford I, Jason Herron, am providing the public body this written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation.
Violation #1
The following paragraph is a transcribed quote from Guilford’s Town Administrator, Peder Rude, during Guilford’s Selectboard meeting on December 27, 2021. The town of Guilford had recently discovered some unused funds and Rude was explaining the events that transpired immediately after they were discovered. Here is the meeting for reference. The entirety of this particular statement starts at the 6:10 mark.
“There was one final payment to pay off that bond. Through the discussion with the representative at the bond bank and noting that there are no more expenses outstanding for that portion of the project, what can the town do with those funds? Which led to the topic of the project at the library. We had a few questions, so we set up a follow-up meeting with the bond bank with Richard and Isaac Wagner anddiscussed with them about the feasibility of using those funds for the library project.”
The Guilford Selectboard Chairman at the time was Richard Wizansky. According to Rude’s statement, Wizanksy used town assets, the Guilford Town Administrator and the paid consultant to the library addition, to discuss reallocating 195,000 in recently discovered public funds to the library addition. These funds were then earmarked to the library addition where Wizansky held the roles of Treasure and Trustee. This was done without the concurrence of a majority of the selectboard body violating Vermont State Statute 1 V.S.A § 172. Joint authority
When joint authority is given to three or more, the concurrence of a majority of such number shall be sufficient and shall be required in its exercise.
or the Guilford selectboard met as a quorum privately and authorized this meeting in violation of the Vermont Open Meeting Law
Please explain if this was an individual Selectboard member acting on his own or the Selectboard meeting privately to authorize this meeting.
Violation #2
The receipt below shows that Guilford’s Town Administrator, Peder Rude, spent taxpayer funds when he contacted the town lawyer without first being given authorization at an open public meeting. It also shows that the lawyer was instructed to add language to the Library Ballot without it being first discussed in an open public meeting.
The town lawyer was tasked with revising the library ballot article language to include 195,000 in newly discovered bond money. This was done without discussion in an open meeting. This interaction happened on December 27th just before the selectboard’s scheduled open meeting that very evening. The December 27th selectboard meeting was the first time the 195,000 of unused bond money was disclosed to the public and it was already earmarked for the library.
Again, the selectboard either met privately to authorize this discussion between the town administrator and the town lawyer or an individual selectboard member orchestrated this on their own; please explain.
The specific cure:
It is requested that the Selectboard publicly acknowledge these scenarios and explain why the actions taken were unlawful. This will help restore public trust while clarifying the mistake, so it doesn’t happen again.
It is also suggested that the Selectboard be required to attend training offered by the VLCT, so they understand the Laws they are to work under.
Jason Herron
Wed, Oct 5, 2:21 PM (7 days ago)
to Zon, Peder, me
To the Chairman of Guilford’s Selectboard Zon Eastes,
Pursuant to 1 V.S.A. § 314(b)(1) and as a Resident of Guilford I, Jason Herron, am providing the public body this written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation.
On May 9th 2022 I was on a regular selectboard meeting agenda to discuss Guilford’s Conflict of Interest policy. During that meeting, I was refused an opportunity to participate in two agenda items. I was also silenced using a premeditated scheme by the Selectboard Chairman Zon Eastes. Here is the link to that meeting. An account of what transpired is outlined below and began at the 50:00-minute mark.
The Selectboard allotted themselves 5 minutes to discuss document requests. At the end of those five minutes, the public was allowed to speak and the selectboard responded to their comments and questions. However, when I tried asking about my document request, they said they planned to address it during the next agenda item and refused to take my questions.
The Selectboard then allowed themselves 8 minutes to address my document request. They started off that agenda item by stating there would be no public discussion following their statement. During that presentation Eastes invoked my name, but still would not let me respond.
I was then timed and given a predetermined 5 minutes to try and clarify all the misstatements the selectboard had made during their combined 13-minute presentations. When those five minutes were up, an alarm sounded, and I was cut off in mid-sentence. When several members of the community offered to donate their time, so I could slow down and finish my presentation, the selectboard refused and took a 10-minute recess.
Earlier that very day on May 9th, Eastes used taxpayer funds to seek advice from the town lawyer without first discussing that decision in an open meeting. That conversation was in regard to a “potential for altercation at SB meeting and ability to call for recess without a vote.” That is more than enough evidence to prove what transpired that evening was a premeditated scheme.
I also asked the selectboard several direct questions, but they refused to respond. This was not a complete surprise because prior to the meeting, Eastes had emailed me and wrote “the Selectboard would have open ear but closed lips.”
This is my complaint:
Members of the public have the right to participate in public meetings. Specifically, public bodies must give members of the public a reasonable opportunity to express their opinions on matters being considered by the body at an open meeting. 1 V.S.A. § 312(h). I was omitted from public discussion on two separate agenda items and was not given a reasonable opportunity to express my opinions during my allotted agenda time.
The following persons can be found guilty of a misdemeanor and fined up to $500:
• A person who knowingly and intentionally participates in the wrongful exclusion of any person or persons from any meeting. 1 V.S.A. § 314(a). Zon Eastes contacted the town lawyer asking if it was legal to silence a resident of Guilford by calling for a recess without a vote. When he wanted me silenced, Eastes called for that recess.
Eastes also violated Open Meetings Law by either acting without the Selectboards Joint authority or the Selectboard met privately and unlawfully authorized Eastes to meet with the town lawyer to discuss this topic on their behalf.
The specific cure:
It is requested that the Selectboard publicly acknowledge this scenario and explain why the actions taken by the elected officials involved were unlawful. This will help restore public trust while clarifying the mistake, so it doesn’t happen again.
It is also suggested that the Selectboard be required to attend training offered by the VLCT, so they understand the Laws they are to work under.
Jason Herron
Wed, Oct 5, 7:54 PM (7 days ago)
to Zon, Peder, me
To the Chairman of Guilford’s Selectboard Zon Eastes,
Pursuant to 1 V.S.A. § 314(b)(1) and as a Resident of Guilford I, Jason Herron, am providing the public body this written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation.
In an attempt to ascertain the reason why previously unredacted invoices concerning the Guilford Free Library were now being redacted, I contacted three people by email. The Selectboard Chairman, Zon Eastes, the Town Administrator, Peder Rude, and the newly appointed Assistant Town Administrator, Sheila Morse, were all attached to the entirety of this conversation.
The Assistant Town Administrator Morse responded to my inquiry on behalf of the selectboard, by stating:
● Our attorney redacted this information prior to submitting the invoice for payment.
● The Selectboard and the town attorney determined that the information is covered by
attorney-client privilege.
● This pertains to both receipts.
● The Selectboard holds the privilege and thus are responsible for the denial.
To the best of our knowledge, we are not withholding any other information and we consider
the request satisfied to the extent possible.
Morse’s response says this is from the: “Town Administrator, on behalf of the Guilford Selectboard”. However, Morse could not provide the meeting minutes where this topic was discussed, and a determination was made by the Selectboard.
Morse also stated that, The Selectboard and the town attorney determined that the information is covered by attorney-client privilege. Yet again, Morse could not provide the meeting minutes where this topic was discussed and provided no evidence that this determination was ever made by the Selectboard.
Morse then continues by stating that, The Selectboard holds the privilege and are thus responsible for the denial. Morse claims the Selectboard is responsible for the denial, and issued a decision, but could not provide the meeting minutes where this decision was made.
To conclude, a Selectboard member, or members, either colluded with Morse outside of an open meeting and convinced her to inappropriately respond on their behalf, or Morse acted on her own and spoke on behalf of the Selectboard without any coercion. Either way, the methods of these decisions are a violation of Vermont’s Open Meetings Law. Eastes was attached to this entire email exchange. So, at a minimum, he is intimately aware of Morses’ response on behalf of the Selectboard he is also the Chairman of.
The specific cure:
It is requested that the Selectboard publicly acknowledge this scenario and explain why the actions taken by the appointed and/or elected officials involved were unlawful. This will help restore public trust while clarifying the mistake, so it doesn’t happen again.
It is also suggested that the Selectboard and the Appointed Assistant Town Administrator be required to attend training offered by the VLCT, so they understand the Laws they are beholden to.
For 10.12.22 Selectboard Meeting
Prepared by Monaghan Safar Ducham PLLC 10.7.22
Allegations of Open Meeting Law Violations
1) Allegation: On October 5, 2022, Jason Herron alleged that Selectboard member Richard Wizansky violated the Open Meeting Law by meeting with Town Administrator Peder Rude, consultant Isaac Wagner, and representatives of the Vermont Bond Bank to discuss reallocating $195,000 in public funds to a library addition OR that the Selectboard violated the Open Meeting Law by meeting as a quorum privately to approve the meeting.
Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
The Town Administrator has the authority under his contract to work on behalf of the Selectboard. This includes contacting the Town Attorney for advice and to draft bond language for the Selectboard’s consideration. Mr. Rude’s contact with the Town Attorney in no way violates the Open Meeting Law. Additionally, the Selectboard did not meet as a quorum privately.
The Selectboard has determined that no violation of the Open Meeting Law has occurred and that no cure is necessary.
2) Allegation: On October 5, 2022, Jason Herron alleged that Town Administrator Peder Rude violated the Open Meeting Law by contacting the Town Attorney to discuss revising library bond language without Selectboard approval OR that the Selectboard violated the Open Meeting Law by meeting as a quorum privately to authorize Mr. Rude’s contact with the Town Attorney.
Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
The Town Administrator has the authority under his contract to work on behalf of the Selectboard. This includes contacting the Town Attorney for advice and to draft bond language for the Selectboard’s consideration. Mr. Rude’s contact with the Town Attorney in no way violates the Open Meeting Law. Additionally, the Selectboard did not meet as a quorum privately.
The Selectboard has determined that no violation of the Open Meeting Law has occurred and that no cure is necessary.
3) Allegation: On October 5, 2022, Jason Herron alleged that the Selectboard violated the Open Meeting Law by refusing Mr. Herron a reasonable opportunity to speak at a May 9, 2022 public meeting, and that Selectboard Chair Zon Eastes violated the Open Meeting Law by consulting with the Town Attorney without Selectboard approval OR that the Selectboard violated the Open Meeting Law by meeting as a quorum privately to authorize Mr. Eastes’ contact with the Town Attorney.
Selectboard Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
As Mr. Herron acknowledges in his allegation, he was provided five minutes to address an agenda item that was included in the agenda at his request. Five minutes is a standard and reasonable amount of time for a member of the public to be allowed to speak at an open meeting. 1 V.S.A. § 312(h) requires only that the public be provided a “reasonable opportunity” to express itself at an open meeting, and Mr. Herron was given such reasonable opportunity. Additionally, Selectboard Chair Zon Eastes did not violate the Open Meeting Law in contacting the Town Attorney for advice. Mr. Eastes is authorized as a Selectboard member to seek advice from the Town Attorney without approval of the full board, and this has no implication on the Open Meeting Law. Additionally, the Selectboard did not meet as a quorum privately.
The Selectboard has determined that no violation of the Open Meeting Law has occurred and that no cure is necessary.
4)Allegation: On October 5, 2022, Jason Herron alleged that Assistant Town Administrator Sheila Morse violated the Open Meeting Law by responding to a public records request on behalf of the Selectboard without Selectboard approval, OR that the Selectboard as a whole, or certain Selectboard members violated the Open Meeting Law by colluding with Ms. Morse outside of an open meeting.
Selectboard Response: Pursuant to 1 V.S.A. § 314(b)(2), the Selectboard is required to respond publicly within ten calendar days to a written notice of an alleged Open Meeting Law violation.
Assistant Town Administrator Sheila Morse is authorized under her contract to act on behalf of the Selectboard and her response to a public records request is unrelated to the Open Meeting Law. The Selectboard and/or its individual members did not collude with Ms. Morse outside of an open meeting – she acted independently in her response. The Selectboard later independently denied the same public records request Mr. Herron refers to in his allegation.
The Selectboard has determined that no violation of the Open Meeting Law has occurred and that no cure is necessary.
GUILFORD SELECTBOARD – MEETING Monday, 22 August 2022, 6:30 pm, 236 School Road, Guilford, VT
MINUTES
SELECTBOARD MEMBERS PRESENT: Zon Eastes, Chair, Michael Becker (by Zoom) , Rusty Marine, Verandah Porche, Richard Wizansky OFFICIALS/ STAFF PRESENT: Sheila Morse (Asst. Town Administrator), Dan Zumbruski (Road Commissioner) PRESENT in person: Kyle Parker, Steve Lembke, Jeannette Tokarz (Planning Commission), Dolores Clark PRESENT via Zoom: Anna Klein, Don McLean, Lesley Malouin, Emily Lewis (DuBois and King), Jason Herron, Rick Zamore, Whitney Lynde, Tammy Sargent
Call to Order at 6:30 pm
Recognition of Public
Rules of Procedure and How to Communicate with the Selectboard
Welcoming of Public – Community Comment Period
Lesley Malouin: Guilford Christ Church (Cemetery) wants to hear stories about the cemetery’s history from local residents. Summer Soirée Sunday, 8/28 from 2 – 4 pm. Musicians and poets will participate. Donations welcome! Connect via christchurchcemetery.org
Changes to Agenda Order NONE
Approval of Minutes (5 minutes)
Regular Meeting – ACTION Richard moved to approve the minutes as written. Rusty seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Discussions
Highway Report
Dan noted that the crew has been mowing. Wednesday, 8/24, Butternut Hill will be closed from 8:30 to noon to put 2 culverts in place. With the rain, the crew will be grading soon.
ACTION Richard moved that we depart from Guilford’s regular vendor selection process to appoint Allstate Asphalt as the sole source vendor for paving the portion of Guilford Center Road from Route 5 to Tater Lane while they are already in place to repave the southern portion of Guilford Center Road, pending receipt of formal pricing not to exceed $90,000 to the Town. Verandah seconded. All were in favor. None were opposed. No one abstained. Motion carried.
Planning Commission
Zon noted that the Town Plan has been accepted by Windham Regional Commission and thanked everyone in Guilford who participated in bringing the Town Plan to create this plan.
Jeannette noted that we now have 8 years of work ahead of us to articulate priorities and create a road map to help with decision-making and authorizing use of funds. She is pursuing a municipal planning grant to hire a strategic planning consultant to get us there. In the past, funding has come from the ACCD, we may find other sources of funding. WRC, per Steve Lembke, suggests that the consultant can draw information from a wide range of sources with the assistance of a consultant.
Guilford Center Village Designation Application: since the Town Plan is finished we can apply for renewal of the Guilford Center Village Designation. Richard moved and Rusty seconded that the application for renewal be submitted to the State. All were in favor. None were opposed. No one abstained. Motion carried.
Old Business
Extension of DuBois & King contract to 10.31.22 2 minutes Zon moved and Richard seconded that we extend the DuBois and King contract to 10.31.222. All were in favor. None were opposed. No one abstained. Motion carried.
Guilford Center Bike and Pedestrian Study Report 25 minutes Presentation by Emily Lewis from DuBois and King of their draft final report. The final report will be posted on www.guilfordvt.gov and in the Town Office. The draft report has been sent to VTrans to review, and to Town officials. Emily will take any comments from reviewers and make revisions as needed before submitting the final report to the Town. Alternatives proposed meet ADA requirements. With regard to ongoing maintenance, Emily will research and send to Guilford this week. She welcomes questions or comments from the Planning Commission and the Selectboard.
Dan noted that, with the September paving project, the Guilford Center Road portion will include shoulders widened to the extent possible, at no extra cost.
Zon thanked DuBois and King for their work and noted that the SB will need to study this report and the recommendations. Richard noted that it was a well-done study.
Adopt Local Hazard Mitigation Plan 5 minutes Zon noted that this is a huge accomplishment. Town is now qualified to apply for ERAF money (additional funds from FEMA). ACTION Richard moved and Rusty seconded that we adopt the plan. All were in favor. None were opposed. No one abstained. Motion carried. (Michael noted that perhaps the number of farms listed on page 3 of the plan may be inaccurate. If that’s true, the plan will be corrected. Verandah noted that the clause refers to working dairy farms.)
New Business – NONE
Finance
Warrants (5 minutes)
Payroll – WE 08/14/22
$7,366.86
Payroll – WE 08/21/22
$6,762.85
Expense Warrant #2204
$17,970.96
TOTAL
$32,100.67
ACTION Verandah moved to pay the finance warrants as read. Richard seconded. All were in favor. None were opposed. None abstained. Motion carried.
Other Business – NONE
Communications Richard read recent communications.
Executive Session to discuss personnel issue 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee.
ACTION Zon moved to enter into Executive Session to discuss personnel issue 1 V.S.A. § 313 (a)(3) to discuss the appointment or employment or evaluation of a public officer or employee, and to invite Dan Zumbruski and Sheila Morse to participate. Verandah seconded. All were in favor. None were opposed. None abstained. Motion carried.
The Selectboard entered into Executive Session at 7:35
ACTION Zon moved to exit Executive Session at 8:05. Richard seconded. All were in favor. None were opposed. None abstained. Motion carried.
ACTION Zon moved to post a job description for an assistant road foreman and road crew member. Richard seconded. All were in favor. None were opposed. None abstained. Motion carried. IT was noted that we will recruit for two levels of road crew on social media town website and papers; VLCT and perhaps other relevant sites.
ACTION Zon moved and Richard seconded to form a task force to include Verandah and Michael to interview candidates. All were in favor. None were opposed. None abstained. Motion carried.
Action Summary from Previous Meeting – NONE
Actions Taken – approved Village Center designation application, adopted local hazard mitigation plan, approved warrants and posting job description for road crew positions
Actions to be Taken – review draft Bike and Pedestrian Scoping study and submit comments to Sheila to pass along to Emily. Post position opening.
Adjournment
ACTION Verandah moved to adjourn. Richard seconded. All were in favor. None were opposed. None abstained. Motion carried. Meeting was adjourned at 8:09 pm
