OFFICE OF THE SELECTBOARD
TOWN OF HALIFAX, VERMONT
REGULAR MEETING MINUTES — DRAFT
JULY 2, 2024
6:00 PM AT THE HALIFAX TOWN OFFICE
CALL TO ORDER
Edee Edwards called the Regular Meeting of the Selectboard to order on July 2, 2024 at 6:00pm. Selectboard members present in the room were Edee Edwards, Patrick McAllister, Rhonda Ashcraft and Karen Christofferson whileTristan Roberts joined remotely. Visitors present in the room were Stephan Chait,, Matt Gancz, Colin Bratton, Nancy McRay and Diana Conway. Visitors joining remotely were David Jones and Linda Lyon.
Recording in Progress at 6:09pm. Due to technical difficulties, the OWL was not providing video, the meeting continued with Audio only recording coverage.
CHANGES AND ADDITIONS TO THE AGENDA
Given the lengthy agenda and the number of visitors, Edwards suggested that approval of the minutes be moved to the end of the meeting.
NEW BUSINESS
Appointment: PC/ZBA – Matt Gancz
Edwards invited Mr Gancz to introduce himself. Following Gancz’ brief remarks, McAllister asked if he had any prior PC/ZBA experience. Gancz replied that he didn’t have specific experience but had led a local union team. Edwards suggested that he take the opportunity of reading the Town Plan. Gancz responded that he already had. Edwards moved to appoint Gancz to the vacant position on the PC/ZBA. McAllister seconded.
McAllister left the meeting.
6:14pm – Motion carried 4-0
Sign Special Town Meeting Warning
Edwards described the necessity for the Special Town Meeting to be held on August 13, 2024 which is the same day as the Vermont Primary election.
Edwards noted that the meeting would be held in the Halifax Elementary School and that polls will be open from 10am to 7pm. Voting will be by Australian Ballot. Edee asked the community to please come vote in person or by Absentee Ballot.
Edwards identified the offices to be filled as:
- Selectboard Seat with balance of a 3-year term expiring 2026
- Three Auditor positions with one year, two year and three year terms expiring in 2025, 2026 and 2027, respectively
Edwards then described the two Highway Department budget items up for Community consideration as:
- Article 2: Replacement Excavator to be purchased in an amount not to exceed $350,000 and a financing time period not to exceed 15 years. Edwards noted that the Town Treasurer noted that financing is typically a 10 year term. Edwards further noted that the Road Supervisor thoughtr the longest financing term would be 7 years. Edwards noted that the Selectboard expects to be prepared to provide estimates of principal and interest payments for a 10 year financing at the Informational Meeting
- Article 3: Replacement Loader to be purchased in an amount not to exceed $235,000 and a financing time period not to exceed 15 years.
Christofferson noted that both the Excavator and Loader were noted as pending replacement in the Town Meeting materials on page 18.
Edwards noted that the Selectboard would sign the warning and the Town Clerk would record and post it. Edwards further noted that the addition of the Auditors as open positions was a last minute addition following her reading of the VLCT Warning requirements. Edwards note that the Auditor positions pay $1,000 each and that the time commitment is not a lot during the January / February time frame in advance of the 2025 Town Meeting. Edwards encouraged the Community to consider becoming an Auditor.
Edwards sent Roberts and McAllister a copy of the Warning. Selectboard members present signed the Warning at 6:21pm.
Target date for informational meeting
Edwards noted that the Quorum for the Informational Meeting would likely be Edwards, McAllister and Ashcraft. A discussion ensued regarding Selectboard member availability.
The target date of August 6 in the morning was selected.
Edwards noted that due to Open Meeting Law the informational meeting will need to be held in the Town Office Conference room in order to provide both physical and remote meeting access.
Postcard/Warning/Newspaper finalization
Edwards noted the requirement to post the warning for the Informational Meeting 5 days before the meeting date. Edwards further noted that there was no requirement to send postcards to registered voters in advance. Edwards noted the need to post the Warning in the newspaper of record and that we could also send an email notice via Mailchimp.
Edee requested that the Informational Meeting have slides that could be shared during the meeting.
Trails/Roads policy:
Edwards introduced Colin Bratton from Windham Regional Commission. Edwards noted that this matter has been of prior concern to residents in prior meetings and thanked him for joining the meeting. Edwards described several situations involving requests by residents and non-resident landowners to maintain or upgrade Class 4 and Class 3 roads. Edwards further requested that Mr Bratton provide the Selectboard with his guidance regarding the ongoing obligations of the Town to maintain such upgrades, if any.
Mr Bratton circulated information which Edwards then sent to Roberts.
Bratton said that Class 4 road maintenance is the responsibility of the Town Highway Department. Bratton further told the Selectboard they have broad discretion regarding the maintenance and access to Legal Trails. Bratton explained that the Selectboard can limit snowmobiles and ATV’s but can not limit foot traffic access on a Legal Trail.
Bratton explained that if a property owner wants to make improvements, the Selectboard would have to approve such an improvement and may need to reclassify it to a Class 4 road.
Ascraft asked if a person wants to improve a road is the Town then obligated to maintain the road at the improved level. Bratton directed everyone’s attention to his handout explaining that the Town of Westminster VT Road and Trail policy Bullet number 3 in the Maintenance Section. Bratton said that the Town would not be obligated to maintain such landowner improvements.
Edwards noted the requirement of the Cemetery Commission to provide access and that they have done minor trail maintenance and she would want the Town Policy to include the Cemetery Commission
Bratton directed everyone’s attention to Bullet No 5 “Change in Classifications”. Bratton encouraged the Selectboard to adopt a By-Law because State Statute doesn’t cover everything noting that other towns have had lengthy legal battles.
Edwards told Bratton that the Selectboard has authority to adopt a policy but not to change By-laws. Edwards noted a possible change pertaining to plowing by private parties where the Selectboard would have to be informed. Edwards further noted the VLCT Model Policy also mentions insurance requirements.
Chait noted the difference between a Class 4 road and a Legal Trail. Chait noted it was important to keep trapping away from Legal Trails.
Edwards directed everyone’s attention to the graphs included in the materials Bratton distributed. Bratton said that the Town of Halifax has the highest percentage of unpaved roads to paved roads. The graphs further note that Halifax with a population of 771 is in the top 7 towns for total miles (Class 1, 2 & 3 roads).
Bratton noted that Halifax has the highest town burden of roads compared to population.
McRay asked about maintenance and landowners. Bratton responded by saying that landowners abutting the right of way [had maintenance role].
Chait explained that the Halifax Conservation Commission is an advocate for ecological and historical perspective to road policies. Chait noted the Conservation Commission’s perspective as a Town resource having a focus on recreational access and not hurting connectivity for animals.
A discussion ensued regarding different cases where residents have posted No Trespassing signs on Legal Trails. Edwards described difficulties on walking trails that feel like walking on someone’s driveway. Chait noted that if a Town Right of Way (“RoW”) provides access for all citizens it is not legal for the landowner to block access. Jones asked Bratton to confirm that the Town has a 50 foot RoW on any road or Legal Trail. Bratton confirmed that the technical term is “3 Rods” which is 49.5 feet applies to Class 4 roads. Bratton said he was less sure if the same standard applies to Legal Trails but will look it up.
Bratton described the “ancient roads” project from about 20 years ago. A discussion ensued regarding the focus on fishing and conservation version agriculture.
Set dates for Highway Department Staff Reviews
Edwards described the availability of the Road Commissioner and the timing of highway department reviews in the prior year. The date was tentatively set as July 22, 2024 at 6:30am. Edwards described OML and that we may need to conduct the reviews at Town Offices with Executive Sessions for each review. Edwards will contact Roberts and McAllister for their availability.
Hazard Mitigation Grants (No Town Contribution Program)
Edwards described a Grant Program which does not require Town Contribution so as such it is going to be very competitive. The program requires a Letter of Intent (“LOI”) and Windham Regional can help with the submission. The LOI is due in August and is related to Flood Mitigation Projects in the Halifax Hazard Mitigation plan. Edwards circulated the relevant pages from the Hazard Mitigation Plan.
7:02pm Roberts rejoined the meeting following connectivity issues.
Edwards directed attention to items No. 8, 9 & 10 regarding culvert upgrades and bridge repair, respectively. Edwards asked Christofferson and Ashcraft as Road Commissioners to work with Fournier, Road Supervisor to identify relevant project.
Christofferson and Ashcraft agreed to review with Road Supervisor and asked Edwards to send the relevant information. The LOI is due on August 16th.
Open Meeting Law(“OML”) changes
Edwards described OML changes that became effective on July 1, 2024. Edwards reported she had posted on the Town Website how people can complain/report on OML violations. Edwards summarized the following points:
- More town meetings will need to be recorded
- Minutes must be posted/available 5 days after the meeting
- There is a 10 day response time for any complaints
- Posting is required for subcommitties with the key metric being whether or not the committee spends money or acts in a quasi-judicial role.
Chait asked if the Conservation Commission was included in the group the needed to comply with OML. Edwards said she would check.
OLD BUSINESS
Administrative Assistant Job Opening update
Edwards reported that the position opening has been posted to the Brattleboro Reformer at a cost of $185 for 7 days. The opening has also been posted on the Town website and the 3 physical locations.
Administrative Assistant Position: Pay rate/range
Roberts left the meeting [Timing uncertain]
Edwards provided summary information regarding annual amounts from in FY2024 budget and estimated time requirements in order to arrive at hourly/weekly/monthly time based estimates. Using the $16/hour rate for PC/ZBA the $3,000 amount reflected 187 total hours ,~15 hours a month or ~3.6 hours a week.
Similarly, the Administrative Position was budgeted for $13,000 in FY2024. Using a $20 per hour rate for “Other Admin” resulting in 650 hours, ~54 hours per month and 12.5 hours weekly.
For FY2025 the two positions were combined into a single budget line item of $17,600. Using a $20 per hour rate results in a total of 880 hours with approximately 17 hours per week. If a 5% raise is given the impact raises the hourly rate to $21 per hour such that using 880 hours results in 16 hours per week and 70 hours per month. Similarly a 10% raise would calculate as $22 per hour for 15 hours per week.
Using her own recent experience covering secretarial roles earlier in the year, Edwards noted the time requirements.
Edwards provided information on wage ranges and the VLCT Compensation survey. Edwards noted a similar position posted for Essex, VT provided for a range of $18-$23 per hour. The VLCT Compensation Survey shows a pay range of $20 per hour.
Edwards noted that the current Administrative Assistant spends approximately 18 hours a week.
Edwards asked the Selectboard to consider the appropriate pay range for the July 1 to end of current Admin’s term. Edwards moved that the pay rate of $22 per hour, which is the high end of the $19-$22 hourly range. Ashcraft seconded. Motion carries 3-0
7:21pm Roberts rejoined the meeting
Pay rates for: PC/ZBA Secretary; ACO; EMD
Edwards explained that in order to calculate the hourly rate we need to have an estimate of time spent. Edwards will ask for best estimates of time spent.
Regional Policing Effort (webinar report)
Edwards reminded attendees that Sheriff Anderson previously mentioned the transition to regional policing the last time he came to a Selectboard Meeting. The current effort entails going to the Legislature to be part of a pilot program. The payment for services would become a calculation into the tax rate. Christofferson asked if we can participate without being part of a pilot tax program as we do not have the tax base to support such a pilot program involvement.
Roberts explained the importance of the initiative and that this “back of the envelope” concept requires legislative approval and the final terms would likely change a lot by the time it could be enacted. Roberts further suggested reviewing the concept as promising without focusing on the details so that we can say we are interested in learning more with out committing to it.
A discussion ensued with the general view it is worth taking a look at with the awareness that Halifax has significant constraints with 70 miles of roads without a strong tax base to increase taxes.
Edwards will draft a letter. Roberts and Christofferson requested the opportunity to review the draft.
Chait inquired as to who would provide policing services. Conway noted that the Sherriff was present in Town around 2:30pm today,.
Update on “insurance obtain and maintain” requirements for FEMA
Edwards explained that FEMA does not want to keep paying for the same properties flooding and that insurance must be obtained and maintained. Edwards noted that we are unable to get insurance for Town Roads and Bridges as we have pooled insurance.
Edwards suggested checking the FEMA portal and see how Halifax is presented and then call our pooled insurance provider, PACIF. Edwards will forward the request to look at the FEMA portal to Town Treasurer and Halifax Administrative Assistant. Christofferson asked that Edwards request they take a screen shot of whatever the result is for Halifax for our records and ease of review/response.
Livestock & Animal Control Officer (“ACO”) support
Edwards noted that Christofferson had re-circulated the VLCT revised ACO information prior to the meeting. Edwards noted:
Domestic Animals Running at Large increasing statutory fines and providing explicit authority to municipalities to enforce them.. She further listed the types of animals included under the livestock designation.
ACO authority has been split into two categories. Humane Officers and Non-Humane officers. The categories depend on whether or not the ACO is part of the Municipal Police Force.
Edwards confirmed she sent the VLCT ACO update email to Halifax ACO.
Edwards explained the Town can create a livestock control ordinance that is different from a dog ordinance. Edwards would like to clarify with the Town’s ACO if there is a safety situation and the need to call emergency 9-1-1. Edwards confirmed that animal abuse situations will still be passed along to the appropriate authorities.
Roberts reported he is still trying to get a response from the Sheriff. Roberts noted the ban on sale of Bear internal organs.
A resident [name not retained] joined the meeting remotely and described an ongoing situation on Green River Road involving livestock and barking dogs. A discussion ensued regarding safety and the involvement of the relevant authorities. Edwards noted that the Selectboard can create a policy to start issuing fines but there is limited recourse.
Ashcraft asked about animal abuse. Edwards reported that the State Police and ACO are already involved.
Roberts offered to write a letter informing the resident that the law is changing and refreshing the resident of the statutes.
Meeting minutes process
Edwards described OML restrictions. Roberts asked why we are not able to use Google Docs to edit draft minutes. Edwards said that the prior chairman had a conversation with VLCT on this same subject and was told that the joint editing by multiple Selectboard members could violate OML. Roberts then asked if Selectboard members proposing changes to the draft minutes posted, could send markups to the Administrative Assistant. Christofferson expressed support for such a process to improve efficiency of review since each board member is not editing other Selectboard member content.
Roberts continued to note the high standard for detailed minutes set by Robin Gabrielle. A discussione ensued about the sustainability of such detailed minutes. Christofferson explained her level of detail as a way to provide transparency for the community without having to listen to hours of recording.
Edwards asked about the cost for transcripts and noted that minutes needed to contain motion details, wording, votes and who comes to the meetings.
With respect to Budget Meetings, Edwards said she didn’t want to specifically document line items and just use the budget version number. Roberts agreed.
HEARING OF VISITORS (8:10pm)
Roberts left the meeting.
David Jones advised the Selectboard that he had received a signed contract from Saladino for the DVFiber Connectivity Project. Edwards signed the Master Agreement. Jones noted he was processing responses received from the Community. Jones explained he had received 20 completed surveys and that 20% of the funds had ben potentially committed.
Nancy McRay requested assistance in locating prior Selectboard minutes. Edee provided instructions.
OTHER BUSINESS
A discussion ensued regarding the quorum for August 6th informational meeting. Roberts said he was not sure he would be able to attend. Christofferson said she would try to attend remotely but is traveling and may not have adequate connectivity to participate.
CORRESPONDENCE
Edwards and Roberts described the Letter of Support requested by the Southern Vermont Economy Project (“SVEP”). Edwards circulated the letter received June 30, 2024 at 10:06pm
A brief discussion ensued regarding driveway permits.
Selectboard Order:
Edwards read the following Orders into the record:
- Last Selectboard Order No. 25 for FY2024 = $58,743.03 Christofferson noted the amount includes the full year payroll expenditures for FICA, Medicare, and VMERS (retirement plan)
- First SelectboardOrder No.1 for FY2025 = $9,818.16
- Highway Order – Truck 3 $45,334 with interest of $14,800
ADJOURNMENT
Christofferson Moved to adjourn the meeting. Ashcraft Seconded. Motion carried 3-0.
8:39pm Meeting adjourned and recording turned off.
Respectfully submitted using best efforts. In event of any substantive discrepancy the recording shall prevail.
Karen Christofferson, Secretary Pro Tempore
Meeting YouTube Recording Link: PENDING