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Municipal Authority to Maintain Legal Trails is Challenged in Tunbridge

Member for

2 years 3 months
Submitted by Lisa Goodell on
hiking trail

In a case with widespread municipal importance, two Tunbridge landowners are seeking a declaratory judgment in the Orange County Superior Court that they, rather than the town, hold the legal authority to determine whether and how to build, maintain, and repair the legal municipal trail located on their property. Legal trails are defined as a “public right of way that is not a highway and that (A) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or (B) a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use.”  19 V.S.A. § 301(8).  Up until this point, it has been the uncontested conventional legal wisdom that selectboards have the exclusive authority to maintain the legal trails they are explicitly authorized to regulate. 

If the complainants are successful, selectboards will lose all authority to manage the physical state of their legal trails. This would undoubtedly impact most member municipalities, each of which has an average of at least two miles of legal trails. In total, there are 547 miles of legal trails in Vermont – see the Vermont Agency of Transportation General Statistics.  

Although towns vary in their use of trails, recreational uses are becoming more common. With such increased use comes incumbent maintenance and repair requirements. A negative result in this case then could cause lost recreational opportunities if landowners defer or prevent maintenance of trails passing through their properties. This case comes precisely as municipalities are seeking more options to increase their local recreational opportunities. Without the discretionary authority to manage their trails systems to desired standards, municipalities would indirectly lose their explicit authority to regulate the use of trails for hiking, cross-country skiing, biking, or ATV use. VLCT joins the Town of Tunbridge in support of their argument that you can’t have one without the other.  

At this point Tunbridge and their municipal attorney are vigorously defending their authority to maintain their legal trails at the superior court. The VLCT Board of Directors heard from the attorney in September, and voted to help gather information that could help Tunbridge prevail. Should the case reach the Vermont Supreme Court, the VLCT Board would consider sending an amicus curae brief in support of the town. 

Kail Romanoff, VLCT MAC Attorney I 

Municipal Budgeting Recordings and Resources

Event Date: 9/18/24

This annual training explains basic municipal budgeting principles, how to comply with legal requirements, and best practices for preparing the budget for town meeting. This year you’ll also learn about VLCT’s new government finance assistance, which is supported by the U.S. Department of Agriculture – Rural Development (USDA-RD). Use this webinar as you embark on your budget development process.

Ordinance Adoption and Enforcement

Event date: 8/29/2024

Vermont law authorizes municipalities to adopt ordinances regulating certain subjects as legally enforceable local laws if specific statutory process is followed. Some of the more common civil ordinances regulate dogs, solid waste, parking, and speeding. Adopting, amending, and enforcing ordinances in accordance with the processes prescribed in state law is critical for avoiding legal challenges.  

Attend Town Fair to Get Maximum Value from Your Membership

August 06, 2024

If you’re reading this, you’re likely a member of VLCT. You’re one of more than 5,000 elected, appointed, or employed municipal officials here in Vermont. One of your greatest membership benefits is the VLCT connection to people facing similar challenges, similar opportunities, and similar head-slapping moments in the town office. You’re not alone, you don’t need to have the answer to every question, and there are people interested in your success. Come meet them at Town Fair 2024 in Killington on October 2nd.  

This year’s theme, “Making Connections and Sharing Solutions”, emphasizes the importance of coming together. Being in the same room with several hundred other selectboard members, top-level managers, clerks, treasurers, listers, mayors, and other colleagues is the best part of Town Fair. And let’s not forget the fun – from this year’s silent auction, to a packed exhibit hall, to an ice cream social and the grand raffle. The committee also put together some deep content in five different workshop tracks: Finance, Administration and Operations; Leadership; Building Safe and Healthy Communities; Elections; and the fifth track – which aims to create more space for networking, discussion, and dialogue – Facilitated Discussions. 

Facilitated Discussions  

At the suggestion of our Town Fair Planning Committee, we created an entire track that aims to create space to talk about what you want to talk about, not what VLCT thinks you should talk about. One of our board members likened this track to an “un-conference”. These loosely structured and lightly facilitated sessions will bring people together around a common topic for conversation. I’m personally most excited about our young municipal leaders session. What’s “young”, you ask? I don’t know for sure, but if you have to ask, you might not be young. We also have a new session focused on what different municipal officers do and a session dedicated to simply asking any question you want of VLCT lawyers or other municipal officials. It’s an experiment that I hope you’ll sign up to participate in.  

You don’t need to worry about which workshops are in which tracks. Bounce between tracks, sample a session from each, and follow your interests.

Finance, Administration, and Operations 

Some of the most popular content at Town Fair has always been the most practical. Designed to appeal to those in the town office every day – such as clerks, treasurers, listers, department heads, administrators, and managers – this track may also appeal to members of legislative bodies. This year you’ll find sessions aimed at helping you engage residents better, introducing you to the new procurement portal “VTBuys”, updating you on new property tax system changes, and helping you recruit and retain good people. 

Leadership 

In order to lead, municipal officials need a big-picture understanding of what’s happening throughout the state, how state policy changes could affect their communities, and what tools exist to help catalyze change in their communities. That’s why we’ve created sessions for this track about equity in land use, workplace culture, and one of the largest leadership challenges we’ve recently seen in municipal government: how leaders in Pawlet handled the Slate Ridge dispute. This track is intended for members of municipal legislative bodies, mayors, and managers, but anyone with an interest in these topics is encouraged to attend.  

Building Safe and Healthy Communities 

Designed to inspire and educate land use officials, mayors, selectboards, city councils, village trustees, and anyone who wants to use municipal authorities to improve the livability of their communities, this track features legislative updates, tips for good governance practices, and more. We included a session on the newly passed housing and land use bill that significantly affects Act 250 and municipal zoning, a session on civility and effective meeting management, and a session on cyber security (there’s money coming to help you tackle this issue).  

Elections 

Clerks! Clerks! Clerks! Featuring appearances from our Secretary of State’s office as well as our former elections director Will Senning (now a big wig with the federal office that oversees election security), this track is singular in focus: helping clerks prepare for this year’s election. VLCT couldn’t have offered this track without the help of the Vermont Municipal Clerks’ & Treasurers’ Association.  

Here's the best part of the workshop tracks being offered at Town Fair this year: you don’t need to worry about which workshops are in which tracks if you don’t want to. Bounce between tracks, sample a session from each, and follow your interests.  
 

But Wait, There’s More! 

My favorite part of Town Fair is presenting the annual municipal service awards – the Lifetime Achievement Award, the Municipal Service Award, and the Legislative Service Award. We’ll do that at lunch this year – where we’ll also hear from VTDigger CEO Sky Barsch about how the media and local government depend on each other. It’s not too late to nominate someone for a VLCT Municipal Service Award. 

Finally, to use your time as efficiently as possible, Town Fair 2024 is a densely packed one-day event. Register by August 31 to get the early bird price of just $79 for the entire day, which includes breakfast roundtables, lunch, and the ice cream social in addition to all the great sessions, exhibitors, and raffle prizes. To provide all that in one day, we will hold the annual meetings for VLCT, PACIF, and VERB in a hybrid fashion the day before, on October 1. It’s free to attend the annual meeting and critically important that every member has a representative there. Attend from your desk, your kitchen table, or your car (safely parked, of course). Our member-owned insurance trusts need your input. We’ll be voting on a new municipal policy to guide our work in the legislature next biennium. And we’ll be electing members to the VLCT Board of Directors.  

Once you’ve hit the lake one last time, gotten another cut of hay in the barn, or sent the kids back to school, we’ll announce our keynote speaker. Until then, get yourself registered for Town Fair. It’s one of the best benefits of being a member of VLCT.

Two Animal Control Statute Changes Took Effect on 7/1/24

Member for

2 years 3 months
Submitted by iminot@vlct.org on
photo of one pig running on a muddy country road
1. Domestic Animals Running at Large  

Act 160 (H.877) of the 2024 legislative session brings Vermont laws that govern domestic animals running at large into the 21st century by significantly increasing many of the statutory fines and providing explicit authority to municipal officials to enforce them, effective July 1, 2024. 

Act 160 also gives municipalities the explicit authority to regulate by ordinance the control of livestock running at large. Livestock, under Vermont law means “cattle, horses, sheep, swine, goats, camelids, fallow deer, red deer, reindeer, and American bison.” In response to these statutory changes, the VLCT Municipal Assistance Center will review and update our model animal control ordinance and resources in the coming weeks. 
 

2. Animal Control Officer Authority 

A section of Act 167 (2024) affecting the authority of Animal Control Officers (ACO) took effect on July 1, 2024. This separates ACOs into two distinct categories. 

Animal Control Officers who are contracted by or work for a municipality but whose positions are not organized within the municipality’s police department will no longer be considered Humane Officers as listed in 13 V.S.A. § 351(4).  

  • This group of non-Humane Officer ACOs will no longer have the authority to investigate animal cruelty cases as described in Vermont Statues Annotated Title 13 Chapter 8.   

  • They do retain the authority to serve as local Animal Control Officers enforcing local ordinances and the elements of Title 20 Chapter 193

Animal Control Officers who are employed by a local law enforcement agency and who attend the training developed by the Animal Cruelty Investigation Advisory Board (ACIAB) will be classified as Humane Officers and retain full investigative authority.  

  • The required training has not been released by the ACIAB. 
  • It is recommended that these ACOs partner with a law enforcement officer until the training is available and completed by the ACO. It is not yet known when this training will become available.
     

VLCT members with questions regarding Animal Control Officers should feel free to contact VLCT PACIF Law Enforcement Consultant, Trevor Whipple, at twhipple@vlct.org or 802-262-1929.  

Act 133 (S.55) Amendments to Open Meeting Law to Take Effect July 1, 2024

Member for

2 years 3 months
Submitted by iminot@vlct.org on
microphone

Act 133 (S.55) is a permanent amendment to Vermont’s Open Meeting Law that: 

  • permits “advisory bodies” – those that do not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters – to meet electronically without a physical meeting location (i.e., remotely);  
  • requires all other public bodies (i.e., “nonadvisory bodies”) to record, in audio or video form, their meetings and post the recordings in a designated electronic location for a minimum of 30 days following the approval and posting of the official minutes of the meeting which was recorded; 
  • allows all public bodies to meet remotely in response to a state of emergency or “local incident”; 
  • requires all public bodies to provide local residents, members of the press, or members of the body itself electronic/telephonic or in-person meeting access options to a regularly scheduled meeting, if requested (unless it causes an undue hardship);  
  • requires a municipality to post on its website (if it maintains one): 
    • an explanation of the procedures for submitting notice of an Open Meeting Law violation to the public body or the Attorney General; and  
    • a copy of the text of 1 V.S.A. § 314; and  
  • imposes annual training requirements on selectboard chairs, town managers, and mayors. 

The training requirements take effect on January 1, 2025.

VLCT’s staff attorneys developed new Act 133 (S.55) Open Meeting Law FAQs in coordination with the Secretary of State and the Vermont School Boards Association. If you have any questions remaining after reading these FAQs, please direct them to vlct.org/askvlctinfo@vlct.org, or 1-800-649-7915.

News about Prints of Vermont Statutes Annotated 2024

Member for

2 years 3 months
Submitted by iminot@vlct.org on
photo of a generic green book and eyeglasses on a laptop keyboard

The Assistant State Librarian asked VLCT to help inform and remind our members of a significant change and deadline for ordering prints of the upcoming Vermont Statutes Annotated, aka "green books". His message is below. To reserve a print, use this Department of Libraries form before Friday, June 7.


Dear Town Clerk,

You are receiving this message because your office received an automatically shipped copy of the Vermont Statutes Annotated (“green books”) last year. Up until this year, those volumes have been provided by the publisher at no cost. 

This year, the state will need to pay $401.50 per recipient for four new title volumes, an index, and a set of pocket parts

In an effort to save tax dollars, we are checking with each past recipient to make sure that you still want to receive them. We are only able to purchase limited quantities. 

Keep in mind that an unofficial up-to-date version of the Vermont Statutes is free online and can serve as an alternative.

If you would like to receive a print of the new Vermont Statutes Annotated, Pocket Part Supplements, and Vermont Index to the VSA, please go to this form and respond by June 7, 2024 so that we may set printing quantities with the publisher.

Please note the Department of Libraries does not believe towns are legally required to have the hardcopy books on site, because it knows of no reference in statute to this.

Contact: 
Tom McMurdo, Assistant State Librarian, Info & Access, Vermont Dept. of Libraries
802-622-4012
Thomas.McMurdo@vermont.gov