PITTSFIELD SELECT BOARD REGULAR MEETING MINUTES
 
DATE:      January 21, 2020
 
PRESENT:  Charles Piso , Matt Corron, Ann Kuendig,  Marylou Scofield, Sarah Gallagher, Herb Kuendig, Joyce Stevens, Trish Jarecki, Bruce & Karen Shaw, Media – Onion River Public TV, Herald of Randolph, Mountain Times
 
AGENDA
Agenda Modifications: Correspondence #4 – ARC News, #5 – Town Financial Reports, #6 – Town Clerk Letter, #7 – US Dept of Commerce; New Business #1 – Harvey’s Excavating outside contractor application, #2 – Town Meeting Petition
 
Minutes Approval: Budget Meeting Minutes January 16, 2020
Public Present:  
Correspondence:
1.VTrans town highway and bridge restrictions
2.Corrected 2019 Equalization study results
3.VLCT News
4.ARC News
5.Town Financial Reports
6.Town Clerk Letter
7. US Dept of Commerce
 
Old Business:
1.Jarecki and Pittsfield residents parking petition
2.CV South letter
3.Buyout discussion & demolition plans for Abrams property
4.NRCS Grants
5.Complaint-Motion for VLCT Recommendation
 
New Business:
1.Harvey’s Excavating - outside contractor application
2.Town Meeting Petition
3.Other
Adjournment
 
Meeting Opened, Minutes Approval & Agenda Modifications
Charlie motioned to open the meeting at 6:02 p.m., Ann seconded, meeting opened. All are in favor of the agenda modifications: Correspondence #4 – ARC News, #5 – Town Financial Reports, #6 – Town Clerk Letter, #7 – US Dept of Commerce; New Business #1 – Harvey’s Excavating outside contractor application, #2 – Town Meeting Petition. Charlie motioned to approve the minutes of the Budget Meeting held January 16, 2020; Matt seconded; minutes approved.
 
Correspondence:
1.VTrans town highway and bridge restrictions – Information forwarded to George
2.Corrected 2019 Equalization study results – CLA was corrected
3.VLCT News – January/February 2020 Issue
4.ARC News – Mapping/GIS Magazine, no action
5.Town Financial Reports – Distributed to board members to review
6.Town Clerk Letter – Distributed letters addressed to board members from Trish Fryer. Complaint from today on a separate incident. Town counsel recommends tabling discussion to the next meeting to allow board to investigate.
7.US Dept of Commerce – Report from the Census Bureau with town boundaries. Request verification of information by March 1, 2020. Forward to the Listers.
 
Old Business:
1.Jarecki and Pittsfield residents parking petition – Charlie updated Trish Jarecki via phone. Charlie checked the Park & Ride Grant and there are no restrictions for operating the space. He then consulted VLCT and they provided two options: a.) Have a discussion and non-binding vote at the end of Town Meeting; or b.) One of the citizens that signed the petition may formally request the Select Board to re-visit the ordinance to make changes. Trish and Joyce request to have the ordinance reviewed at the next meeting. Charlie will contact George about attending.
2.CV South letter – District 3 Environmental letter indicating CV Oil is requesting an amendment. Charlie will ask Greg Martin about it. The board is considering a letter of support, if needed.
3.Buyout discussion & demolition plans for Abrams property – Closing for town to purchase the property is scheduled for 1/30/20 at 10 a.m. Buildings will be demolished and town will own the land. There will be a discrepancy in the financials until the town is reimbursed for buy-out and the demolition is completed.
4.NRCS Grants – Mitigation grants from the April flood event. Parmenter Place erosion on town property is eligible for an armored bank of approximately three feet thick and 200 feet long. NRCS does not provide funds to private property owners. The section along Tweed River Drive is eligible to be armored with approximately five feet thick and 100 feet long. The cost is $143,000 with a $30,000 match from the town. The board will discuss further
5.Complaint-Motion for VLCT Recommendation – Charlie spoke to VLCT and per their attorney the town is eligible to receive 3 hours of counsel through PACIF insurance policy. The town’s complaint policy is specific to conflict of interest and ethical standards, not harassment. Discussion is limited to the motion to be made and not the complaint. Charlie motioned to allow the board chair to bring in outside counsel as recommended by VLCT/PACIF to obtain an opinion for the next steps in handling the complaint; it will be limited to the 3 hours covered by the insurance policy and he will obtain an hourly rate if more time is needed; Matt seconded the motion; all in favor – two yes (Charlie and Matt); one no (Ann); motion carried.
 
New Business:
1.Harvey’s Plumbing and Excavating - outside contractor application: Applications are renewable every three years. Harvey’s submitted required paperwork for board approval. Charlie motioned to approve Harvey’s renewal; Ann seconded; motion carried.
2.Town Meeting Petition – A petition was submitted to the Town Office as follows: Prohibit the sales and/or dispersing of recreational marijuana, and/or marijuana products, including but not limited to solvents, and edibles, within the town of Pittsfield. Petition needed 20 verified signatures and there are 12 (5% of voters requires); must be received 45 days prior to Town Meeting so it is too late; and VLCT said the language is not correct. The board does not know who submitted the petition. No action.
3.Other – Joyce asked for clarification on the $5,000 spending limit mentioned in the newspaper article. Office computer was budgeted and purchased based on the recommendation of the town’s IT consultant. Digitizing records is very expensive, especially land records. Herb stated the Listers have NEMRC contracted for mapping and re-appraisal; all the maps will be digitized.
 
Next Meeting Date:  February 4, 2020 Regular Meeting
 
Adjournment:  Charlie motioned to adjourn the meeting at 7:25 p.m.; Matt seconded; meeting adjourned.                                                                        
 
Approved Date: February 11, 2020                                                                        Recorded by:   s/Tyna Gallagher
 
s/Charles Piso
 
s/Matt Corron
 
s/Ann Kuendig

Minutes of the Pittsfield Select Board Special Meeting, January 16, 2020
10:00 a.m. in the Town Office building.
 
DATE:             16 January, 2020
 
PRESENT:       Charles Piso, Ann Kuendig, Matt Corron, Sarah Gallagher
 
AGENDA
 
Finalization of 2020 town budget and warning.
 
Charles called the meeting to order at 10:02 a.m.  
 
The estimated tax rate with all proposed warned items sits at .65, without the school tax which is not yet available from the State.  Some items will need to be reduced or eliminated altogether.  The contingency fund has a small balance and will eventually be reimbursed by FEMA for the April flooding, though it is unknown at this time whether that will occur in 2020 or 2021.  This request will be removed in its entirety, hoping there will be no emergencies before it is reimbursed by FEMA.
 
The Town Hall request is reduced from $40,000 to $30,000, as there is $10,000 in reserve funds for this project.
 
Village Green paving will not occur now until at least 2021,  so we will not add to this fund in 2020.
 
The PVFR request for funding for extrication equipment is removed for this year, and the request for SCBA equipment is reduced to $4000.00.  Nearby departments have extrication equipment and it was felt the SCBA request was more important.  The requested amount for the fire truck fund was reduced to $2500.
 
The Highway department request for $45,000 to be placed in the truck reserve fund was reduced to $20,000, recognizing that the truck  is seeing more repairs and will need to be replaced, the board hopes that George can get it through another year.
 
The Library increase is largely due to the addition of the Interlibrary Loan Courier, their budget request was reduced by $1000.  The line item for Lister Training will be level funded.
 
Petition regarding changes to the parking ordinance cannot be a warned item per VLCT as it is a public safety issue.  The board will raise for discussion at town meeting and consider possible changes.  Petition regarding ban of commercial sale of cannabis and related products did not have enough signatures, but will likely be raised for discussion at town meeting.
 
Charles will prepare information regarding total taxpayer support of the PVFR and RCML for 2019 and 2020.  He will notify departments of changes to budget requests.
 
Motion to adjourn passed at 12:04 p.m. (Charles/Matt).
 
Respectfully submitted,
 
Sarah Gallagher
Secretary pro tem
 
Approved:
 
s/Charles Piso, chair
 
 
s/Matt Corron
 
 
s/Ann Kuendig
 

Minutes of the Pittsfield Select Board Meeting, January 7, 2020
6:00 pm in the Town Office building.
 
DATE:             7 January, 2020
 
PRESENT:       Charles Piso, Matt Corron, Sarah Gallagher
 
AGENDA
 
AGENDA MODIFICATIONS: Correspondence # 5 - 99 Hawk Rd; Old Business  #4 - E911 Coordinator; New Business #1 - Certificate of Highway Mileage
 
MINUTES APPROVAL: December 4, 2019; December 17, 2019; December 26, 2019; January 2, 2020.
 
PUBLIC PRESENT: Michelle Hunt
 
Correspondence

1. PACIF Loss Control
2. CV South Act 250 amendment notification
3. Preservation Trust of Vermont
4. Education Grand List Equalization Study results
5. 99 Hawk Rd
6. Colton Act 250 appeal

 
Old Business

1. Town Meeting Warrant
2. Budget discussion
3. Overnight parking response
4. E911 Coordinator

 
New Business

1. Certificate of Highway Mileage

 
Due to the inability of town counsel to be present at this meeting there will be no discussion of the complaint issue. It will be taken up at the next scheduled meeting on January 21, 2020.
 
Adjournment
 
Charles called the meeting to order at 6:03 p.m.  Agenda modifications were reviewed and approved by all.  Motion to approved the December 4, 17, and 26, 2019, and the January 2, 2020 Minutes was passed (Charles/Matt).
 
Correspondence

1. PACIF – information regarding grant and scholarship opportunities for safety and security related items and trainings/conferences.
2. CV South – Act 250 amendment, ANR notice of appearance.  Discussion of possible letter of support for the project. Charles will follow up.
3. Preservation Trust of Vermont. Matching grant notification. TH Committee applied for 2 matching grants. Charles will pass along to Town Clerk for required completion of documentation.
4. Education Grant List Equalization Study results.  Received, no action required.
5. 99 Hawk Rd. Driveway issue.  Charles reviewed and will ask George Deblon to review and advise.
6. Colton Act 250 appeal. Notification, no action required.

 
Old Business

1. Town Meeting warrant. Two articles finalized: 1. Will the voters of Pittsfield authorize $50,000.00 to replenish the Contingency Fund?  This number may change depending on tax rate implications. 2. Will the voters of Pittsfield authorize $40,000.00 for Phase One Town Hall repairs as recommended by the Town Hall Citizens’ Advisory Committee?
2. Budget Discussion  Undesignated fund balances not available until accounts reconciled later this week. Sand shed numbers provided by Fellows. Insurance  numbers finalized. Lister salaries to remain at $1500, lister training level funded. It was felt that any additional training required for the new mapping system could come from the mapping funds.  New line item for the Listers will be for annual fee and support for the mapping system. Departments which haven’t provided 2019 actuals and projected 2020  budgets will be level funded.
3. Overnight parking response.  Tabled while Charles checks with Tory Littlefield of TRORC regarding any grant requirements.
4. E911 Coordinator.  The Board welcomed Michelle Hunt who is interested in serving as E911 Coordinator. Motion to appoint Michelle Hunt as E911 Coordinator was made and passed (Charles/Matt). Charles will ask Trish to forward information to Michelle.

 
New Business

1. Certificate of Highway Mileage. Received. 14.72 Class III miles, 4.87 State Highway miles.

 
Adjournment. Motion to adjourn passed at 8:13 p.m. (Matt/Charles)
 
Respectfully submitted,
 
Sarah Gallagher
Secretary pro tem
 
Approved:   February 11, 2020
 
s/Charles Piso, chair
 
 
s/Matt Corron
 
 
Ann Kuendig

Minutes of the Pittsfield Select Board Special Meeting

DATE: Thursday, January 2, 2020, 5 p.m. in the Town Office Building

PRESENT: Charles Piso, Matt Corron, Ann Kuendig, Marylou Scofield, Sarah Gallagher, Rebecca Steward, Kristina Tooker, Herb Kuendig, Marion Abrams & sons, Verna Borden, Peter Borden, Katie Savage, Dylan Kelley

AGENDA

Select Board Chair Charles Piso called the meeting to order at 5:07 p.m.

Approval of the Minutes from the December 26, 2019 meeting was tabled until the January 7, 2020 meeting (Charles/Ann).

Old Business
1.    Budget discussions.  Charles reported that the Town Treasurer was unable to attend as her daughter was in the hospital.  2020 budget preparations are nearly complete, the Board is awaiting further requested information and 2019 actuals from some departments. A motion to level fund these departments until requested information has been provided was made and passed (Charles/Matt).  Grant monies for the sand shed will go to the Highway Fund and Town Treasurer Trish will work with Tory Littlefield of Two Rivers Ottauquechee Regional Commission to set up bookkeeping for the grant.  The Town Hall Committee had submitted its report and recommendation for several phases of work.  Phase One includes the installation of steel beams, excavation and watersealing, and electrical work at an estimated cost of $40,000.  These repairs would make the building operational.  The Town Hall Reserve Fund as of 12/31/18 contained $10, 143, with no expenditures made in 2019.  Motion to warn Article 12 to approve $40,000.00 for Phase One was made and passed (Charles/Ann).
2.    Board concerns. Charles introduced Town Counsel, Marylou Scofield, who reminded those present to stay on task and limit comments to agenda items.  Anyone wishing to speak must raise their hand and be recognized by the chair.  Charles reported that a complaint had been filed and in-house discussions to resolve the issues had not been fruitful. The complaint will be discussed at the January 7 board meeting.  Charles stated that tonight’s agenda had been properly posted in 3 places, though not on the website as usual. Charles also stated that he had done the minutes of the December 26 meeting as counsel had advised that the Town Clerk should not do the minutes as an involved party.  Acknowledging his long-time friendship with Ann, and that he had recommended her for the Board, Charles nevertheless felt the situation was detrimental to the Town and left the Town vulnerable to liability issues, and made a motion for a Vote of No Confidence and Request for Resignation of Select Board member Ann Kuendig.  “Specifically, Ann’s actions have resulted in a complaint made by the current Town Clerk alleging hostile work environment, and has warranted the constant involvement of Town Counsel, creating significant additional expense to the Town in an effort to avoid legal action against the Town.  The statements of the complaint and discussion surrounding the conflicts Ann has created with town employees show a history of inappropriate behavior toward the current and past Town Clerks and Assistant Town Clerks. I make this motion after attempts to resolve the problems brought to my attention have failed. Ann Kuendig has refused to acknowledge that her demeanor and conduct have been detrimental to the atmosphere of mutual respect and civility to and among town employees and officers that is required for a Town to function effectively. Ann’s conduct has been unprofessional and at times has been in contradiction of the Town policies of confidentiality with regard to personnel issues and has resulted in a serious complaint being brought against the Town.  For these reasons, I feel there is no other option for the Select Board other than to sanction Ann with a vote of no confidence and request her immediate resignation.”
Matt seconded the motion and it passed with 2 aye votes and one nay.
Ann began to read a statement, though Charles asked her to stop as it appeared to be a response to the complaint, which was not on the floor for discussion. Charles deferred to counsel, who said though it sounded like a response to the complaint she could not say without seeing the entire document. Charles agreed to let Ann read her statement, which follows.

January 2, 2020
Statement of Select Board member Ann Kuendig
I have a prepared statement which I want to read into the record and included verbatim in the minutes of this meeting.
I have been elected by the voters of Pittsfield to aid in the conduct of the people’s business and are accountable to them pursuant to Chapter 1, Article 6 of the Vermont Constitution. 
As their representative, it is my duty and obligation to help townspeople exercise their rights granted to the public under state statutes. Those rights are clearly defined in chapter one section 315 of the statues which state “Officers of government are trustees and servants of the people and it is in the public interest to enable any person to review and criticize their decisions even though such examination may cause inconvenience or embarrassment.”
Every question, communication or criticism that the Town Clerk/Treasurer cites in her complaint has been sanctioned under the statutes, not only as my right to pose, but for every community member to ask. Any resident or taxpayer can come to Town Offices on Tuesdays when Select Board orders are approved to review, question and/or criticize those decisions.
I can understand why someone who has no experience in public office might feel intimidated by public scrutiny of their decisions. But what I find troubling is the Select Board Chair’s response to her complaints.
The Select Board spent several months developing a procedure to handle complaints alleging a violation of Conflict of Interest and Ethical Conduct Policy the Board enacted in July 2019. But when the Town Clerk’s complaint was submitted, the Chair failed to follow the procedure which called for conducting an informal review by the Board and determining if it warranted further investigation. Not only was the complainant (Town Clerk) allowed to sit in on the Executive Session during which this discussion took place, but the Chair offered a motion to grant her request in her complaint to relieve me of my Select Board responsibilities of approving weekly orders.
Shortly after this meeting, I submitted a written answer to the Select Board Chair which he acknowledged receiving but has not submitted as correspondence for action at any subsequent Select Board public meeting.
I would now like to submit that letter to be publicly recorded.
This complaint, the way it has been handled and action taken by the Board threatens the integrity of the checks and balances system proscribed by statute to ensure every tax dollar is spent appropriately. I have raised legitimate questions regarding expenditures and appropriations that were made outside duly warned public meetings of the Select Board denying the public their right to participate in the administration and government of Pittsfield.
Respectfully 

The referenced letter follows:

Mr. Charles Piso                        October 17, 2019
Pittsfield Select Board Chair
40 Village Green
Pittsfield, VT  05762

Dear Charlie,
I have gotten some legal advice from a well-respected municipal law attorney regarding the recent actions of the Pittsfield Select Board. The attorney has directed me to the state law citations which spell out the duties and responsibilities of Select Board members specifically delegated by the Legislature; the authority granted the Chair of the Board and excluding the public from Select Board deliberations. It’s my hope that a review of these laws will clear up the confusion and debate we are experiencing over how the Board and other town officials carry out their responsibilities.
 Below are the citations and specific interpretations found in the VLCT handbook and Secretary of State Municipal Law basics.

Select Board

24 V.S.A § 872. “The Select Board must authorize all town expenditures by signing orders for the treasurer to draw funds.” 

“The law provides that the selectboard is responsible for “the general supervision of the affairs of the town and shall cause to be performed all duties required of towns and town school districts not committed by law to the care of any particular officer.”  This means that if something needs to be done, or a decision must be made that is necessary for a municipality to function, and no statute grants a specific local official the authority to perform that function, the particular duty will fall to the selectboard. When a question arises as to whether a local official has authority to act in a certain area the official must identify the law that grants the authority to act; it is never enough to simply conclude that since there is no law prohibiting the contemplated action the action is permissible.”
Example: As part of the selectboard’s “general supervision of the affairs of the town” the selectboard has the authority to make decisions about town buildings (with the exception of the library). They get to decide things like who gets keys, who should be able to use the building, whether the roof needs to get fixed, and how much liability and casualty insurance should be purchased. This is true even if the office is used principally as the town clerk’s office. The law requires the clerk to maintain the public records of the town and to make them available for public inspection during reasonable hours. 24 V.S.A. Ch. 35 (Town Clerks). Because of these specific statutory requirements, the clerk has control over the town vault, even though the vault is in a town building that is controlled by the selectboard, and the clerk may decide who gets a key to the vault. The clerk also gets to decide what his or her office hours will be and she can adopt policies related to making the town records accessible to the public. “
1 V.S.A. § 312 (g). “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.” 
Authority of the Chair
1 V.S.A. § 172. “Vermont law does not give the chair of a board particular authority except for that which is delegated to him or her by the rest of the board. This means that the chair has no special authority to control what is on the agenda, to spend money that is in the control of the board or to direct the employees that are overseen by the board. Generally, the chair is responsible only for running the board meeting and for keeping order during the meetings and for making sure that the decisions of the board are carried out by the staff.” 
“Vermont Law gives authority to selectboards and not to individual selectboard members. An individual selectperson has no more authority to take action on behalf of a town than any other resident.”
Exemptions for Holding Executive Sessions
1 V.S.A. § 313. “The law permits boards to exclude the public from a portion of an open meeting to discuss certain topics specifically provided for in the statute authorizing executive sessions. That being said, no binding action may be taken in executive session (except those related to securing real estate options). All final votes must be taken in open session and recorded in the minutes of the meeting. A board may not go into executive session simply because it wishes to proceed privately. Rather, it may only exclude the public if it can point to a specific exemption in the law. The statutory permissible things a public body may consider in executive session are: 
•  After making a specific finding that premature general public knowledge would clearly place the public body or a person involved at a substantial disadvantage: 
o contracts;
o labor relations agreements with employees;
o arbitration or mediation;
o grievances, other than tax grievances;
o pending or probable civil litigation or a prosecution, to which the public body is or may be a party;
o confidential attorney-client communications made for the purpose of providing professional legal services to the body; 
•  The negotiating or securing of real estate purchase or lease options; 
•  The appointment or employment or evaluation of a public officer or employee; provided that the public body shall make a final decision to hire or appoint a public officer or employee in an open meeting and shall explain the reasons for its final decision during the open meeting; 
•  A disciplinary or dismissal action against a public officer or employee; but nothing in this subsection shall be construed to impair the right of such officer or employee to a public hearing if formal charges are brought; 
•  A clear and imminent peril to the public safety; 
•  Discussion or considerations of records or documents that are not public documents under the access to public records act. However, when the board discusses or considers the excepted record or document it may not also discuss the general subject to which the record or document pertains; 
•  The academic records or suspension or discipline of students. 
•  Testimony from a person in a parole proceeding conducted by the parole board if public disclosure of the identity of the person could result in physical or other harm to the person; 
•  Certain information relating to a pharmaceutical rebate; 
•  Municipal or school security or emergency response measures, the disclosure of which could jeopardize public safety. 
According to the Vermont Supreme Court, an action taken improperly in executive session will not be void so long as it is ratified in a later, properly noticed, open meeting at which the issue appears on the agenda. Valley Realty & Development v. Town of Hartford, 165 Vt. 463 (1996). Despite this recent case, if it looks like a board has used executive session to circumvent the public process intentionally, it is likely that the court will determine its actions to be void. 
In order to go into executive session, the issue must be on the agenda and the board must vote to go into executive session to discuss the matter. A motion to go into executive session must indicate the nature of the business of the executive session, and this motion must be passed by an affirmative vote of a majority of the members present. In an executive session only the subject matter referenced in the motion to go into this session may be discussed.’ 
Since the day I took the oath of office, I have not overstepped the discretionary authority granted to Selectboards by the Legislature (and the cited laws above) to ensure most tax dollars are spent wisely, appropriately and transparently under full public scrutiny. As I have stated over and over, I am just doing the job I have been sworn to do when I question expenditures that are made outside the authority of the Selectboard. 
The latest two examples--the purchase of monogramed shirts for Constables and laptop and accessories for the Town Clerk, should have come before the Select Board in a duly warned public meeting (as this legal advice affirmed.)
I also intend to continue doing my job of monitoring and scrutinizing orders on Tuesdays at Town Offices as the Chair has no authority under the law to re-organize the duties of the Board and prohibit a member from examining documents that even all members of the public are entitled to do. 
Please accept this letter as a formal complaint that the last two Executive Sessions of the Pittsfield Select Board were held improperly as the nature of the business was not given at the last session and there does not appear to be a clear exemption for discussing an informal complaint letter for a public officer or a change in personnel behind closed doors. As the Vermont Supreme court has affirmed an action taken improperly will be considered void unless it is ratified in a later properly noticed, open meeting.
I am also submitting this letter as a public records request for a copy of the Town Clerks letter to you and Matt and the email from Erica Hurd that was sent to town offices last week.  
It really is my sincere desire that we move on from the distractions that have plagued this Board since last May and focus on doing what’s best for residents and taxpayers. I know some people believe the board is dysfunctional, but I believe we have already made some important accomplishments and can achieve many more in the future.
Sincerely
Ann Dufresne Kuendig
Pittsfield Select Board member
Cc:  Paul Guiliani,
       Jenny Prosser

New Business
1.    Complaint. Charles noted that the complaint will be addressed at the January 7 Board meeting and next steps will be determined.

Adjournment: Motion to adjourn passed at 5:55 p.m. (Charles/Matt)

Respectfully submitted,

Sarah Gallagher                                     
Board Secretary pro tem

Approved: January 7, 2020
s/Charles Piso, chair
s/Matt Corron