LONDONDERRY, Vt. – Londonderry Selectboard Chair Tom Cavanagh announced at the Oct. 5 meeting that the town received a complaint on Sept. 22 “alleging a violation of the open meeting law at the Sept. 21 meeting.” Cavanagh continued that the context of the allegation stated, “The selectboard went outside of the basis identified for entering an executive session by debating, negotiating, and reaching a consensus to alter the town’s budget structure to bypass the explicit will of the voters.”
Cavanagh said that the town’s attorney, Robert Fisher, provided his legal opinion on the matter. According to Fisher, the board entered executive session at the Sept. 21 meeting to discuss and hold a six-month review for their part-time town clerk, which is a valid reason to enter executive session.
In executive session, the board promoted Assistant Clerk George Mora from part time to full time, and “the decision resulted in no increase to the town budget.” Cavanagh asserted that, since there was no alteration to the town budget, there was no violation of the open meeting law as alleged.
Cavanagh said it was also alleged that the promotion was improper because the town had already voted against the appropriation of funds for this position at the annual Town Meeting in March, and at a special meeting on May 11. Cavanagh stated, referencing Fisher’s legal opinion, that the selectboard has the general supervision of the affairs of the town, including the general fund budget that was approved by voters, and concluded that the board acted within its authority.
Resident Chad Stoddard, who submitted the violation complaint, then spoke to the board, stating that the town voted to indefinitely postpone allocating taxpayer funds to extend the town clerk’s operational hours and payroll compensation. “It legally bars town officials from taking executive action to resurrect it.”
Cavanagh clarified that, per Fisher’s advice, the vote for additional funding for a full-time general office manager position did not prohibit the selectboard from promoting the assistant town clerk to full time, to be paid from the approved general fund budget.
The full-time salary adjustment line in the budget, for $20,000, was allocated from the general budget as follows: $1,000 from emergency management, $1,500 from computer equipment, $1,500 from town office fuel since the new HVAC system was installed, $1,500 from town office locks and security, and $750 from town hall locks and security, since the town now has security cameras. Cavanagh also specified that Mora opted out of health insurance, which is a savings for the town.
Stoddard felt this was a misuse of specified funds, to which Cavanagh confirmed that line items within the general budget can be moved around by the selectboard as they see necessary.
Board member Taylor Prouty further clarified that the need for more staff has been an ongoing conversation among the board and the town office. “I was made aware of the need in the town clerk’s office,” Prouty stated.
Selectboard Vice Chair James Ameden questioned Town Administrator Aileen Tulloch, asking if the budget allocation portion can legally be discussed in executive session. Tulloch confirmed that, since it was part of a salary discussion, it could. Ameden did not agree, and felt that the budget portion should have been in open meeting.
The room questioned why there was such an increase in need for help. It was reported that the biggest task that needs to be completed, by state statute, is the digitization of all public records, including land maps, surveys, birth and death records, and marriage licenses. These paper records date back to the 1700s, when Londonderry was founded, and could take years to complete.
Town Clerk Allison Marino further stated that part of the statute requires the town to keep these documents forever, and that some of the ink on the older documents is fading, so they need to be digitized before the town loses them.
Some of these tasks were neglected over time, or were started but not completed at the rate they needed to be. Prouty noted that some of the work predates everyone on the board today.
“The work George is doing is hugely beneficial, because of her skills,” expressed Prouty. He felt it made more sense “to work with a professional that can help us make up some of that lost ground.”
Mora, who was in attendance, invited anyone interested in taking a tour of the vault, or visiting the town office, to see what needs to be done and how much the employees do day to day.
Ameden then continued the conversation from the previous meeting to reconvene the Williams Dam Advisory Committee. Prouty and Leanne Alexander agreed, adding that it seemed as though the town has enough information about removing the dam, but not enough understanding on what it will take in terms of the scope of work and funds needed to repair the dam.
Cavanagh voiced that the board had previously discussed holding a bond vote at Town Meeting, but if they reconvene the committee, they would not have time to present the bond vote, and they would “kick the can down the road for another year.”
Ameden countered, expressing that he felt getting the information out is more important at this point, so everyone can make an educated decision on what they want to do.
Earlier in the meeting, the opportunity to work with Ron Rhodes on the grant with Weston was brought back to light by a resident in attendance. Considering the town could apply for the grant for engineering designs for the removal of the dam, and it would not be obligated to move forward with it, he felt the town had nothing to lose. Cavanagh concurred, and confirmed that the town has until March to make a decision on the grant opportunity.
A majority of those in attendance agreed that they needed a breakdown of each option, including the costs for each option, in order to move forward with a decision for the dam.
Prouty recommended keeping the topic on the agenda, and suggested that having a contractor develop the scope of work may be the most accurate first step to take. He also expressed that the committee would be helpful in compiling the information, searching for new available grants, and reaching out to the selectboard for assistance in tasks they feel they cannot handle alone. The committee could make a presentation to the town based on new information they compile, including potential unintended consequences, such as how the cose of homeowners flood insurance could increase if the dam is removed.
Ameden voiced that anyone on the previous committee that wanted to be on the new, or reconvened, committee would be welcome. Prouty iterated that the board would not want the committee to redo any work that has already been done, but to build on its previous findings to update the townspeople.
“I think this is the right step,” said resident and previous dam committee member Rachel Febbie. “To get everybody the information so they can make the decision that is right for them…I thank you for that.”
In other news, it was announced that the bulletin board is up at the South Londonderry Library, and the board approved it as their third physical location for posting official notices, while also removing the South Londonderry Post Office from the official physical locations.
Sections of Main Street and Middletown Road will see closures on Oct. 31, from 4:30-7 p.m., for the annual trunk-or-treat. West River Road will be closed on Nov. 1, from 10:30 a.m. – 1 p.m., for a Running of the Dead 5K event.
The Londonderry Selectboard meets on the first and third Mondays of each month, at 6 p.m., at the town office and on Zoom.