A FRESH APPROACH E S A FOR · Sandra Grenier Clerk/Treasurer, St. Johnsbury William Perkins...

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SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS INSIDE THIS ISSUE... Project Citizen Success . . . . . . . 2 Legal Corner . . . . . . . . . . . . . . . . . 4 Ask the League . . . . . . . . . . . . . . . 6 Legislative Message . . . . . . . . . . . 7 Group Services Comm. Ctr. . . . 8 Tech Check . . . . . . . . . . . . . . . . . 11 New VLCT Staff Member . . . . 14 MAC On-site Workshops . . . . 14 Classified . . . . . . . . . . . . . . . . . . . 15 Calendar . . . . . . . . . . . . . . . . . . . 16 December 2003 (Continued on Page Ten) 2003-4 S ALARY AND B ENEFITS R EPORT A complete rewrite of the 2004 VLCT Municipal Policy, publication of the new 2004 VLCT Municipal Policy Priorities booklet, and new, regional legislative meetings demonstrate the League’s stepped up effort to bring a strong municipal voice to the State House in 2004. The 2004 VLCT Municipal Policy was extensively rewritten over the summer by the municipal officials on VLCT’s four legislative committees, and approved at VLCT’s Annual Meeting at Town Fair on October 2. The full Policy can be found at www.vlct.org, under A F RESH A PPROACH VLCT PREPARES FOR 2004 LEGISLATIVE SESSION The 2003-2004 VLCT Salary and Benefits Report was published earlier this month. Selectboard chairs or managers in municipali- ties that completed the initial survey should have already received their free copy in the mail. If you need a copy, please contact us for pricing information, or visit our Bookstore at www.vlct.org. We hope the Salary and Benefits Report is a useful tool in planning and budgeting. This year we had an excellent response rate of 86% from member municipalities. The Report contains salary and benefits information on 236 cities, towns and villages, with separate sections for larger and smaller communities. We welcome all suggestions for improving the 2004-2005 VLCT Salary and Benefits Report at [email protected]. Member Services/Legislative Affairs. This year, the decision was made not to print the Policy in its entirety, but to print VLCT’s legislative priorities, drawn from the Policy, instead. A copy of this new booklet was recently mailed to the selectboards, managers, mayors, administra- tive assistants, clerks and planning commissions in all VLCT member municipalities. It is hoped that the new format will result in a more focused and effective municipal effort at the State House. In addition, VLCT legislative staff hosted five regional meetings around the state this fall to discuss the adopted 2004 VLCT Municipal Policy and priorities for action in the Legislature. In visits to St. Johnsbury, Burlington, Wilmington, Montpelier, and Rutland City, Karen Horn and Todd Odit, occasionally joined by Steve Jeffrey, talked about a proposed home rule amendment to the Vermont Constitution, extending local option taxes to cities and towns statewide, transportation funding, stormwater permitting, education funding and property tax assessment, corrections policy and more. Please see the article on Page Seven for a discussion of the issues Karen, Todd and Steve heard about from VLCT members on their “Legislature 2004 Tour.” - Karen Horn, Director, VLCT Legislative and Membership Services, and Katherine Roe, VLCT Communications Coordinator As we think ahead to the 2004 legislative session, we consider again what are the most effective ways to contact our legislators and to get our points across to the people who call the shots under the gold dome in our Capitol. Legislators are most interested in the opinions of their constituents back home. Therefore, you, the elected and appointed officials working in the towns that your legislators are elected to represent, are the most effective advocates for your communities. Whether at home or when visiting the State House, here are some tips to help you get the best results from your legislators or members of a legislative committee before whom you are testifying. On an individual level: Get personally acquainted with your senators and representatives . Every legislator, in fact every person, has his or her story. If you take the time to find out, you may find your opinion of your legislator changes and your understanding of his or her motives will only increase. Contacting your legislators E FFECTIVE A DVOCACY FOR Y OUR T OWN

Transcript of A FRESH APPROACH E S A FOR · Sandra Grenier Clerk/Treasurer, St. Johnsbury William Perkins...

1 • VLCT News • December 2003

SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS

INSIDE THIS ISSUE...Project Citizen Success . . . . . . . 2Legal Corner . . . . . . . . . . . . . . . . . 4Ask the League . . . . . . . . . . . . . . . 6Legislative Message . . . . . . . . . . . 7Group Services Comm. Ctr. . . . 8Tech Check . . . . . . . . . . . . . . . . . 11New VLCT Staff Member . . . . 14MAC On-site Workshops . . . . 14Classified . . . . . . . . . . . . . . . . . . . 15Calendar . . . . . . . . . . . . . . . . . . . 16

December 2003

(Continued on Page Ten)

2003-4 SALARY AND BENEFITS REPORT

A complete rewrite of the 2004 VLCTMunicipal Policy, publication of the new 2004VLCT Municipal Policy Priorities booklet, andnew, regional legislative meetings demonstratethe League’s stepped up effort to bring a strongmunicipal voice to the State House in 2004.

The 2004 VLCT Municipal Policy wasextensively rewritten over the summer by themunicipal officials on VLCT’s four legislativecommittees, and approved at VLCT’s AnnualMeeting at Town Fair on October 2. The fullPolicy can be found at www.vlct.org, under

A FRESH APPROACHVLCT PREPARES FOR 2004 LEGISLATIVE SESSION

The 2003-2004 VLCT Salary and BenefitsReport was published earlier this month.Selectboard chairs or managers in municipali-ties that completed the initial survey shouldhave already received their free copy in themail. If you need a copy, please contact us forpricing information, or visit our Bookstore atwww.vlct.org.

We hope the Salary and Benefits Report is a

useful tool in planning and budgeting. Thisyear we had an excellent response rate of 86%from member municipalities. The Reportcontains salary and benefits information on236 cities, towns and villages, with separatesections for larger and smaller communities.

We welcome all suggestions for improvingthe 2004-2005 VLCT Salary and BenefitsReport at [email protected].

Member Services/Legislative Affairs. This year,the decision was made not to print the Policy inits entirety, but to print VLCT’s legislativepriorities, drawn from the Policy, instead. Acopy of this new booklet was recently mailed tothe selectboards, managers, mayors, administra-tive assistants, clerks and planning commissionsin all VLCT member municipalities. It is hopedthat the new format will result in a morefocused and effective municipal effort at theState House.

In addition, VLCT legislative staff hostedfive regional meetings around the state this fallto discuss the adopted 2004 VLCT MunicipalPolicy and priorities for action in the Legislature.In visits to St. Johnsbury, Burlington,Wilmington, Montpelier, and Rutland City,Karen Horn and Todd Odit, occasionally joinedby Steve Jeffrey, talked about a proposed homerule amendment to the Vermont Constitution,extending local option taxes to cities and townsstatewide, transportation funding, stormwaterpermitting, education funding and property taxassessment, corrections policy and more. Pleasesee the article on Page Seven for a discussion ofthe issues Karen, Todd and Steve heard aboutfrom VLCT members on their “Legislature2004 Tour.”

- Karen Horn, Director, VLCT Legislative andMembership Services, and Katherine Roe, VLCT

Communications Coordinator

As we think ahead to the 2004 legislativesession, we consider again what are the mosteffective ways to contact our legislators and toget our points across to the people who call theshots under the gold dome in our Capitol.Legislators are most interested in the opinionsof their constituents back home. Therefore,you, the elected and appointed officials workingin the towns that your legislators are elected torepresent, are the most effective advocates foryour communities.

Whether at home or when visiting the StateHouse, here are some tips to help you get thebest results from your legislators or members ofa legislative committee before whom you aretestifying.

On an individual level:Get personally acquainted with

your senators and representatives.Every legislator, in fact every person, has his orher story. If you take the time to find out, youmay find your opinion of your legislator changesand your understanding of his or her motiveswill only increase. Contacting your legislators

EFFECTIVEADVOCACY FORYOUR TOWN

2 • VLCT News • December 2003

89 Main Street, Suite 4Montpelier, VT 05602-2948

Tel.: (802) 229-9111 • Fax: (802) 229-2211E-mail: [email protected]: www.vlct.org

VLCT Board

Charles Lusk, PresidentSelectperson, Stowe

Susan Spaulding, Vice-presidentManager, Chester

William Shepeluk, Past PresidentManager, Waterbury

Steven E. Jeffrey, Secretary

James CondosCity Councilor, South Burlington

Nicholas Ecker-RaczSelectperson, Glover

Gail FallarClerk/Treasurer, Tinmouth

William FraserManager, Montpelier

Sandra GrenierClerk/Treasurer, St. Johnsbury

William PerkinsSelectperson, Middlebury

Mary PetersonSelectperson, WillistonHunter RiesebergManager, Hartford

Al WilkinsonAlderperson, Rutland

Stephen WillbanksSelectperson, Strafford

VLCT Staff*

Steven E. JeffreyExecutive DirectorKaren B. Horn

Director, Legislative and Membership ServicesDavid Sichel

Director, Group ServicesB. Michael Gilbar

Director, Administrative Services*Partial List

Katherine B. Roe, Editor, VLCT News

The VLCT News is published monthly by theVermont League of Cities and Towns, a non-profit,nonpartisan organization founded in 1967 to servethe needs and interests of Vermont municipalities.

The VLCT News is distributed to all VLCTmember towns. Additional subscriptions are

available for $25 to VLCT members ($60, non-members), plus sales tax if applicable. Please contactVLCT for subscription and advertising information.

Last month, Attorney General WilliamSorrell announced that the principal tobaccocompanies who advertise in Time, Newsweek,and US News and World Report will removeadvertising for their cigarettes from the studenteditions of these magazines.

What does this have to do with VLCT?The impetus for the removal of the ads

began with a Project Citizen portfolio atMarshfield’s Twinfield Union School; ProjectCitizen is co-sponsored in Vermont by VLCT.

In 2002, six Twinfield eighth grade studentsdeveloped a plan to remove the offensiveadvertising as their Project Citizen portfolio.They also brought the issue to Sorrell’sattention, and he was able to incorporate thestudents’ request into the State’s tobaccosettlement agreement.

“As one of the state sponsors of ProjectCitizen, VLCT is delighted that the Twinfieldportfolio had such excellent results,” com-mented Karen Horn, VLCT Director of

PROJECT CITIZEN STUDENTS VANQUISH

TOBACCO COMPANIESLegislative and Membership Services. Thestudents’ portfolio won the statewide ProjectCitizen contest in May 2003 (see July 2003VLCT News) and went on to receive anhonorable mention in the national competition.

Project Citizen is a hands-on civicseducation program for students in grades 6-12that provides students the resources, publicpolicy familiarity and confidence to tackle realproblems in their communities. “VLCT hasactively supported Project Citizen in theschools as a way to engage students in govern-ment and their communities at a young age,with the hope that the experience will carryover to government and public policy whenthose students reach adulthood,” Horn said.

VLCT congratulates the six eighth gradestudents at Twinfield who identified the issueand developed a plan to remove the offensiveadvertising. The students are: GregoryBlackburn, Larry Dillard, Maegan Mears,Amber Miksic-Thomas, Rachel Rudi andZachery Unteidt.

3 • VLCT News • December 2003

4 • VLCT News • December 2003

Summarizing recent court decisions of municipal interest

The take away messages from this case are: 1) Not all injuries caused by work-related stress arecompensable under the Workers’ Compensation statute; 2) Only work-related injuries caused byunusually stressful working conditions are compensable; and 3) To determine if an employee’spsychological injuries were caused by unusually stressful working conditions, Vermont courts mustcompare the pressures experienced by the claimant against those encountered by all employees doingthe same or similar job.

WORKERS’ COMP STRESS CLAIMS;EXECUTING A SEARCH WARRANT

(Continued on next page)

VERMONT SUPREME COURTADOPTS “SIMILARLY SITUATEDSTANDARD” UNDER WORKERS’

COMPENSATION STATUTEThe Vermont Supreme Court has issued an

important decision involving a workers’compensation claim that all employers shouldbe aware of. Crosby v. City of Burlington, 2003Vt. 107 (November 21, 2003). The decisionsets forth the applicable standard that will nowbe applied in Vermont to determine whether anindividual has suffered a psychological injurythat is compensable under the VermontWorkers’ Compensation Statute. This case is

particularly helpful to municipalities with alarge proportion of employees working in highlystressful positions - such as emergency workers -because it creates a level playing field uponwhich determinations of whether employeeshave been injured by unusually stressful workingenvironments must now be made.

The Vermont League of Cities and Townsfiled a brief of amicus curiae (“friend of thecourt”) in support of the City’s interpretation ofthe case, which prevailed.

The Vermont statutes require employers tocompensate “a worker [who] receives a personalinjury by accident arising out of and in thecourse of employment.” 21 V.S.A. § 618. Thereare generally four categories of injuries that havebeen held to be compensable under § 618.These general categories include: 1) physicalinjury caused by physical stimulus; 2) physicalinjury caused by mental stimulus; 3) nervousinjury caused by physical stimulus; and 4)nervous injury caused by nervous stimulus.Crosby involves a claim alleging the fourthcategory of injury, commonly referred to as a“mental-mental” claim.

The plaintiff in Crosby worked as a firefighterfor the City from 1975 until his employmentwas terminated in 1995. In 1994, prior to histermination, the plaintiff stopped working andsought workers’ compensation, alleging that hewas “experiencing stress at a level greater thanhe could handle.” Crosby v. City of Burlington,2003 Vt. 107 (November 21, 2003). Theplaintiff alleged the stress was due to anxietycaused by a 1991 car fire, a 1994 buildingcollapse, and a 1994 shift transfer that causedhim to lose confidence in his superiors and inhis ability to do his job safely. The City deniedthe plaintiff ’s claim for workers’ compensationbenefits, and the plaintiff appealed to the

commissioner of the Department of Labor andIndustry. The commissioner also deniedplaintiff benefits, explaining that the “evidencedemonstrated that the stress he was experienc-ing stemmed from normal workplace pressures

related to fighting fires, being transferred, andengaging in conflicts with his superiors.” Id.The plaintiff then sought a de novo jury trial inSuperior Court. The jury awarded the plaintiffbenefits and the City appealed, primarilycontending that the trial judge erroneouslyinstructed the jury that they should consider the“general population of employees” to determinewhether the plaintiff was subject to unusualwork-related stress. Id.

The Vermont Supreme Court has onlyaddressed the issue of mental-mental injury inthe context of workers’ compensation benefitson one prior occasion. Bedini v. Frost, 165 Vt.167 (1996). In that case, the Court upheld thecommissioner’s denial of benefits based on thefinding that the claimant had not beensubjected to unusual working conditions. Thetest for determining what constitutes “unusualworking” conditions, however, was not clearlyarticulated by the Court.

The key issue for the Court in the presentcase is this: What is the appropriate “controlgroup” that should be used to determine if aclaimant has suffered “an unusual workplacestress” that constitutes a compensable injuryunder the workers’ compensation statute?

The Court reviewed the three different

5 • VLCT News • December 2003

(Continued from previous page)LEGAL CORNER -

approaches courts have employed to measurewhether a claimant has experienced “unusualworkplace stress.” The first approach requiresclaimants to show that they were subjected to“unusual pressures compared to other employ-ees in the same workplace with similarresponsibilities.” The second approachmeasures the pressures experienced by aclaimant against those encountered by allemployees doing the same job. And the thirdapproach requires a showing that a claimantexperiences pressures significantly greater thanthose generally encountered by all employees inthe working environment.

The Court adopted the second approach,referred to as the “Wyoming Standard” or“similarly situated standard,” which looks to the“day-to-day mental stresses experienced by otherworkers employed in the same or similar jobs”as the control group for determining whether aclaimant has or has not been injured by “unusualworkplace stress.” The Court noted its decisionwas grounded in sound public policy byproviding employees with compensation forlegitimate work-related injuries while at thesame time limiting employers’ liability toinjuries caused by their industry. The Courtfurther explained that a “control groupcomprised of similarly situated workers in thesame general field provides a relatively precise,fair, and empirically workable standard.” Crosbyat 6. Therefore, in this case, the control groupused to determine whether the plaintiff wasinjured by “unusual workplace stress” should beother firefighters, not other workers in general.

This case is good news for employers forseveral reasons. First, it clearly sets forth theapplicable standard that a claimant must meetin order to establish a compensable, psychologi-cal, work-related injury. Second, the standardarticulated in the decision promotes consistencyamong similar cases by focusing on actualemployment conditions in a specific field “ratherthan trying to take into account the level ofstress placed on the workplace as a whole.”Crosby v. City of Burlington, 2003 Vt. 107(November 21, 2003). And third, it reiteratesthe principle set forth in Bedini that not allemployees who suffer mental injury fromworkplace stress are entitled to workers’compensation benefits, and that in order to beentitled to such benefits, the claimant mustmeet a heightened standard of proof.

The take away messages from this case are:1) Not all injuries caused by work-related stressare compensable under the Workers’ Compensa-tion statute; 2) Only work-related injuries

caused by unusually stressful working condi-tions are compensable; and 3) To determine ifan employee’s psychological injuries werecaused by unusually stressful working condi-tions, Vermont courts must compare thepressures experienced by the claimant againstthose encountered by all employees doing thesame or similar job.

- Julie Fothergill, Attorney, VLCT MunicipalAssistance Center

U.S. SUPREME COURT ISSUESTIMING GUIDELINE FOR

EXECUTING CERTAIN SEARCHWARRANTS

A recent decision by the United StatesSupreme Court has established that a 15-20second wait prior to using a battering ram inorder to execute a search for cocaine satisfiedthe Fourth Amendment’s test of reasonableness.

The Fourth Amendment “protects the rightof the people…against unreasonable search andseizure” and the Supreme Court in United Statesv. Banks, 540 U.S. ___ (2003)1 identifies twofactors to consider when carrying out a warrantto search. First, there is no template todetermine when the actions of police officerssatisfy Fourth Amendment requirements; rather,“the facts known to the police are what countin judging reasonable waiting time.” Banks at 8.Second, when executing a search warrant wherean exigent circumstance exists, such as thedestruction or loss of evidence, the time areasonable officer must wait before entrance isthe same as a “no-knock” warrant. A “no-knock” warrant permits law enforcementofficials to enter the warranted premisesunannounced.

Totality of CircumstancesLooking at the specific facts in Banks offers a

glimpse at how to apply the Fourth Amendmentreasonableness standard. The Court held,“when a warrant applicant gives reasonablegrounds to expect futility or to suspect that oneor another such exigency already exists or willarise instantly upon knocking” the officers maygo straight in. Banks at 5.

In Banks, the North Las Vegas policeacquired a search warrant for a suspected drugdealer’s apartment, knocked on the door,announced their presence and waited 15-20seconds before forcibly entering the apartment.The police found Banks dripping wet as hisafternoon shower had just been interruptedand, upon further search, discovered crackcocaine, drug paraphernalia and weapons.

The officers’ entrance was based on the fact

that at two o’clock on a Wednesday afternoon,with police officers posted at the front doorcalling out “police search warrant” and rappinghard enough on the door to be heard by theofficers posted at the back door, “after 15 to 20seconds without a response, police could fairlysuspect that cocaine would be gone if they werereticent any longer.” Banks at 7. At this timethe police did not know Banks was in theshower and based their entrance on an exigentcircumstance, the potential destruction ofevidence.

Reasonableness is to be “judged from theperspective of a reasonable officer on the scene,rather than with the 20/20 vision of hindsight.”Banks at 8. Upholding the decision of theofficers to enter, the Supreme Court held that,“once exigency had matured…the officers werenot bound to learn anything more or wait anylonger before going in.” Banks at 9.

Exigent CircumstancesThe main factor in Banks was “imminent

disposal, not travel time to the entrance, thatgoverns when the police may reasonably enter.”Banks at 9. The Court rejected the argumentthat reasonableness is to be based on the time ittakes a defendant to reach the door. Whileexecuting a search warrant for drugs, the officersreasonably believed that announcing themselvesand waiting longer than 15 to 20 seconds wouldallow Banks the opportunity to destroyevidence. It should be noted that when there is“no reason to suspect an immediate risk offrustration or futility in waiting at all, thereasonable wait time may be longer when thepolice make a forced entry.” Banks at 10.

Application to Law OfficersIn a felony situation where the possibility of

destruction of evidence exists, law enforcementofficers can reasonably assume that announcingtheir presence may lead to an exigent circum-stance allowing them to forcibly enter thepremises. To ensure that the law enforcementofficers in your municipality follow this rule, thedevelopment of departmental proceduresregarding the execution of search warrants issuggested. When developing these proceduresit is important to emphasize that facts specificto the scenario are what determine how long anofficer must reasonably wait before entering.

In conclusion, whenever an exigentcircumstance –such as the destruction ofevidence – exists, the reasonable time an officermust wait to forcibly enter is the same as a “noknock” warrant.

- Daniel Phillips, Law Clerk, VLCT MunicipalAssistance Center

(For help developing procedures regarding theexecution of search warrants contact the VLCTMunicipal Assistance Center, [email protected].)

1 Further citations from this recent decisionare referenced to http://www.supremecourtus.gov/opinions/03pdf/02-473.pdf.

6 • VLCT News • December 2003

Questions asked by VLCT members and answered by the League’s legal and research staff

SUPPORTING SOCIAL SERVICEORGANIZATIONS; RESTORATION

RESERVE FUNDS

Can public funds be allocated to aprivate institution such as a localpreschool?

The answer is yes, when this allocationserves a legitimate public purpose and isapproved by the voters of the town. Accordingto 24 V.S.A. § 2691, “at a duly warned townmeeting for that purpose, a town…mayappropriate such sums of money as it deemsnecessary for the support of social servicesprograms and facilities within that town for itsresidents.” Therefore, any social serviceorganization that serves a legitimate publicpurpose and receives voter approval can becomea recipient of town money.

In order for the voters to authorize thisallocation, the question must be placed on thetown meeting ballot. A request for appropria-tions can be placed on the ballot in one of twoways. First, the question can be placed on theballot when the organization seeking fundingfiles a petition with the town clerk that contains5% of the voters’ signatures, 40 days before thedate of the meeting. 17 V.S.A. § 2642(a).Second, the selectboard can establish a policy forhow social service appropriation requests will beincluded in the warning for the town meeting.A typical policy is to automatically place theprevious year’s appropriation on the ballot thefollowing year. Under this policy, any organiza-tion that has not previously been appropriatedfunds by the town, or that desires an increase infunding, must petition the selectboard to haveits request placed on the warning for townmeeting.

Once the request has been placed on theballot, it is up to the voters to decide whetheror not to approve the appropriation. Whenconsidering this decision, the voters must lookat the specific purpose for which these funds areto be used. The primary objective for the use ofthese funds must serve a public purpose. Aslong as this public purpose is the actualrationale for the appropriation, any privatebenefit that occurs will be considered incidentalto the primary public purpose. “The test of apublic purpose should be whether the expendi-

ture confers a direct benefit of reasonablegeneral character to a significant part of thepublic, as distinguished from a remote ortheoretical benefit.” Eugene McQuillan,Municipal Corporations § 39.19, at 38 (3rd ed.1995). Ideally, prior to the vote, theselectboard will have applied the public purposetest before placing any question on the warning.Therefore, this system of checks and balanceswill ensure that a public purpose is truly servedwith the use of these public funds.

It can be shown that a preschool that servestown residents is a legitimate public purpose. Apreschool that provides daycare as well as astructured program to develop young mindsprovides a benefit to town residents. Thisopportunity prepares these children for theregiment of formal education while providing aneducational daycare service for working families.Therefore, the preparatory education for thechildren, combined with the benefit conferredupon the parents of these children, can bedefined as a legitimate public purpose that maybe worthy of an allocation of town funds.

- Daniel Phillips, Law Clerk, VLCT MunicipalAssistance Center

What can restoration reserve fundsthat are created under 32 V.S.A. §1671(c) be used for?

Restoration reserve funds are designatedreserve funds established for the specific purposeof restoring, preserving, and conservingmunicipal records. Thirty-two V.S.A. § 1671(c) authorizes legislative bodies to create reservefunds to preserve municipal records forposterity. These reserve funds are known asrestoration reserve funds and may only be usedfor the restoration, preservation, and conserva-tion of municipal records. This means that theycannot be used for general fund purposes.

Restoration funds are established orabolished only by an affirmative vote of thelegislative body at a legally warned meeting ofthe body. Unless the fund is properly created,monies cannot be collected for, or expendedfrom, the fund. These funds are primarily

funded by a portion of recording fees that arecollected pursuant to 32 V.S.A. § 1671 (a) (1)-(6), but once established, a municipality cancommit other monies to the fund in addition torecording fees.

The importance of municipal records cannotbe overstated. They tell the story of a town’shistory, ensure the integrity of governmentalactions, and provide certainty in propertytransactions. Restoration reserve funds providethe funding to ensure that these importantdocuments are maintained not only for futuregenerations, but also for use by the public today.

If you have any questions about whetheryour proposed expenditures of restorationreserve funds comply with 32 V.S.A. § 1671 (c),the Public Records Division of Buildings andGeneral Services can assist you by providinggeneral information about what it considers toconstitute restoration, preservation, andconservation of municipal records.

- Julie Fothergill, Attorney, VLCT MunicipalAssistance Center

7 • VLCT News • December 2003

Conversations held with VLCT membersaround the state at our recent regionallegislative meetings have proven invaluable toyour VLCT legislative staff. This is becausewhile VLCT is your voice in the State House,you are the people who have to work with andimplement legislative initiatives in yourhometowns.

Clearly, which municipal issues are mostcompelling varies from one part of Vermont tothe next. Likewise, different office holderswithin our municipalities have differentpriorities. In the Windham andBennington County areas, property taxbill information and the need to address howthe Department of Taxes handles homesteadsand grievances due to changes in the commonlevel of appraisal (CLA), and the Department’slack of resources to support technical assistanceto towns, are significant problems. Overweighttrucks driving through towns because theychoose to not go on the Massachusetts Turnpikeand Department of Corrections populationslodged in municipalities with minimal oversightare significant quality of life issues in thesouthern part of the state.

In the southeastern part of the state, energy-related issues resonate. Entergy permits andrelated issues are of tremendous concern to the

BRINGING THE MUNICIPALMESSAGE TO MONTPELIER

WHAT IS ON LOCAL OFFICIALS’ MINDS AROUND THE STATE

municipalities within a short distance of theVermont Yankee nuclear facility. Rockingham’sefforts to assume ownership of the hydroelectricdam in its downtown has sparked intenseinterest. Wind generation and the location ofwindmills on highly visible mountaintops areclose-to-home issues in southern counties.

As in the southern part of the state andRutland County, corrections issues are hugein Caledonia County and particularly in St.Johnsbury, host to a prison population as well aspersons under the supervision of the Depart-ment of Corrections. Lack of supervision is amajor problem not only in St. Johnsbury, butalso in communities hosting prisons and supportservices around the state. The fact thatmunicipal police departments are the first lineof response when offenders re-offend in thecommunity is seen as part of a nationwideshifting of corrections costs to municipalities.Municipal attendees suggested that theDepartment of Corrections be required tonotify a community when someone is releasedto that community, and to involve the Commu-nity Justice Committee in release decisions.

Dispatching for municipal public safetypersonnel and constables who are trained andhave law enforcement authority is a significantissue in Caledonia County and other ruralareas. Questions about who should dispatch, atwhat cost to taxpayers and towns, how toacquire necessary communications equipment,and what should be the role of the state police

all need to be answered if dispatching problemsare to be resolved.

Questions abound not only inChittenden County, but also around thestate about stormwater permitting. How aredevelopments along municipal roads to bepermitted? What is the responsibility ofmunicipalities for stormwater from develop-ments that makes it into the municipal road?How will the Legislature or Water ResourcesBoard resolve the permitting, development andreal estate transfer impasse created by invali-dated water improvement permits (WIPS) inimpaired waterways? How should the Depart-ment of Environmental Conservation negotiateactivities required by erosion control permits?Smaller towns are struggling to find a way toaddress the immense costs they might be facingto cover salted sand piles and provide coveredareas for washing vehicles. Above all, municipalofficials urged VLCT staff to get out ahead ofthe stormwater permitting issues.

Closely related are the new rules andregulations for on-site septic systems andpotable water supplies. In Rutland Countywe heard that municipalities need flexibility tobe more restrictive than state law regardingseptic if the municipality votes to be so. Andquestions continue to arise about when thestate will have a rule in place that lets munici-palities take delegation of the new on-sitesewage and potable water supply program.

In the Rutland area as in other parts of thestate, record keeping and record retention inclerks’ offices are major issues. Confidentialityissues around documents bearing social securitynumbers, floor plans and security plans forbuildings, and non-locatable addresses continueto concern those local officials who might beliable if information is given to someone whothen abuses it. The suggestion was made tofund a project to “look at town offices in 2015”vis-a-vis technology needs and treatment ofrecords. Likewise, a study was recommended todefine “land records” and consider what thatterm should appropriately include.

These are just a few of the myriad issues thataffect municipal governments and arise in theLegislature. Our visits around the state haveproven that your perspectives and insight intohow laws work or don’t work at the local levelare invaluable. We urge you to take the timeduring the session to let us and your legislatorsknow how a proposal might impact yourcommunity. And, we would love to hear howthe timing or agenda of the legislative previewmeetings might be adjusted to make them moreconvenient for you to attend.

- Karen Horn, Director, VLCT Legislative andMembership Services

Well, she did it again. For the thirdmonth in a row, Lisa Mancuso,Administrative Assistant for the Town ofGrafton, nailed our monthly Trivia question.Lisa knew that the Social Welfare Act of1967 removed Vermont municipalities’authority to operate poor farms, and thatthe last one closed was in Sheldon (in1968). Here is December’s Trivia:

This Vermont woman was ascientist who was able to demon-strate that a person’s sex wasdetermined by a particular chro-mosome, the results of her studiesof mealworms. Who was she, whenand where was she born, and inwhat year did she die?

Contact us with your answer: VLCT, 89Main Street, Suite 4, Montpelier, VT05602; 800/649-7915; fax, 802/229-2211,e-mail, [email protected].

TRIVIA

8 • VLCT News • December 2003

(COMMUNICATIONS UNDER TEN SENTENCES)

MARK YOUR CALENDARS -GROUP SERVICES DAY

THURSDAY, JUNE 3, 2004HARTNESS HOUSE

SPRINGFIELD, VERMONT

ATTENTION UNEMPLOYMENT INSURANCE TRUST MEMBERSWe want you to be aware of the following information! If an individual is working in your town

through a community grant and is paid through your municipal payroll, your municipality will becharged if an unemployment claim is filed once the grant ends or the individual leaves employment.Some of our members pay individuals associated with the county court diversion program, forexample, and other similar entities.

We will be surveying members for this information when we send out the annual wage reports inJanuary.

WELCOME!The Town of Montgomery and the Town of Middletown Springs to the VLCT

Health Trust.Jericho Fire District #1, Alburg Fire District #1 and the Town of Weybridge to

VLCT PACIF.Francis “Tag” Taginski, Williamstown Town Manager, as Alternate Board Member of the

VLCT Unemployment Trust Board of Directors. Tag takes the place of South Burlington ManagerCharles Hafter, who moved from the Alternate position into a regular Unemployment Boardposition upon Margaret “Peg” Picard’s retirement from the Board in October. Thank you, Peg, foryour years of service to the Board, and welcome, Tag.

MORE BENEFITS ADDEDTO VLCT PACIF

MEMBERSHIP

Now membership in PACIF has anotherbenefit for your communities. Recognizing thattraining and education are a vital part of anymunicipality’s risk management program, VLCTPACIF, in collaboration with the VLCTMunicipal Assistance Center (MAC), is offeringreduced rates for attendance at MAC trainingseminars. The discounts are as follows:

Full Day MAC seminar: Non-PACIFMember rate $75.00 per person, PACIFMember rate $50.00 per person.

Planning and Zoning Series: Non-PACIF Member rate $50.00 per person,PACIF Member rate $40.00 per person.

On-site workshops on a topic of yourchoice: Non-PACIF Member rate$700.00, PACIF Member rate $350.00.Please see article elsewhere in this issuelisting all the on-site workshops offered byVLCT MAC.Take advantage of these great rates and sign

up for trainings! Watch your mail for workshopannouncements and check our Web calendar atwww.vlct.org/calendar. For more information,call VLCT at 800/649-7915.

9 • VLCT News • December 2003

A new study reports some disturbing news about cell phones anddriving. The study by University of Utah researchers suggests thattalking on a cell phone while driving disrupts your attention to thevisual environment, leading to what the researchers call inattention

WRONG NUMBERNEW STUDY REPORTS ON DANGERS OF CELL PHONES

blindness, or the inability to recognize objects encounteredin your visual field - other cars, for example.

In a previous study, the same researchers reported thattalking on the phone while driving can lead to significant decreases in drivingperformance. Their research found that driver distractions can occur evenwhen hands-free phones are used. And they reported that cell phoneconversations created much higher levels of driver distraction than listeningto the radio or audio books.

The researchers suggest that banning hand-held devices, but permittinghands-free phones, is not likely to solve the distraction problem. Theproblem, they say, is that phone conversations direct attention away from theexternal environment and toward an internal thought context associated withthe conversation.

So, next time you reach for the cell while driving, think twice. If youhave to make or take a call, pull over and give your full attention to the call.Then, when you’re done, you can pay full attention to your driving.

VLCT KICKS OFF 2004WELLNESS PROGRAM

Don’t let winter in Vermont turn you into a couch potato! Come learnhow your municipal employees can join one of VLCT’s health promotionprograms, get active, have fun and win prizes.

VLCT Senior Health Promotion Consultant Heidi Joyce is offering sixWellness Coordinator workshops around the state in January and February.New and existing municipal wellness coordinators are urged to attend theworkshops to learn about VLCT health promotion programs for municipal

employees. The morning workshops arefree and include lunch.

Heidi and Brian FitzPatrick, Manager,VLCT Health and Safety Promotion, willtalk about their new Long Trail PedometerAdventure, a fun step-counting programthat plots participants’ progress on a mapof Vermont’s Long Trail. The Adventurestarts on February 9 and runs for tenweeks; prizes will be awarded at GroupServices Day on June 3. Heidi will alsopresent a new health promotion program,

Motivating Health Behavior Changes, that she can bring to your municipal-ity in 2004, along with the health screenings that have been so popular for somany years.

Please plan to join us for these workshops. You can pick up materials forthe Long Trail Pedometer Adventure and plan a year’s worth of fun activitiesto keep your employees active and healthy. To register, fax back the formthat was mailed to municipalities earlier this month, call VLCT at 800/649-7915 or visit the Calendar section of the VLCT Web site, www.vlct.org.

10 • VLCT News • December 2003

(Continued from Page One)EFFECTIVE ADVOCACY -

only when you want their support on alegislative matter might be too little too late. Itis better to be in touch throughout yourlegislators’ terms of office.

Recognize your legislators’ prob-lems. Your legislators, once elected, representall the constituents in your area – liberal,conservative, business, labor, conservation andmunicipal. Your legislators may have factsabout a situation or piece of legislation that arenot available to you. Try to take the time tounderstand their outlooks and objectives. Mostcontroversial legislation is the result ofcompromise, and there may be times whenlegislation does not go your way. Try to refrainfrom being critical at the same time you assuremunicipal interests are not compromised intooblivion. Even if you lose today, you will needthat legislator or he or she will need youtomorrow. We can all disagree without beingdisagreeable.

Stay well informed and take thetime to inform your legislator andyour advocacy organization, VLCT.The VLCT Weekly Legislative Report is theprimary means through which the Leaguecommunicates legislative information to itsmembers. Every Thursday evening during thelegislative session, VLCT legislative staffsummarizes action of the week on bills thataffect local governments. The newsletter isposted on the VLCT Web site (www.vlct.org),e-mailed and snail-mailed to members Fridayafternoons. Occasionally VLCT legislative staffwill also e-mail and post on our Web siteLegislative Action Alerts to members, asking foryou to contact your legislators on a particularissue that is going to be voted on in thefollowing day or two and on which legislatorsneed to have a municipal perspective. Becauseof the time factor involved, Action Alerts are notmailed to members. When you have contactedyour legislator about a particular bill orrequesting a particular vote, please remember toinform your legislative staff in Montpelier! Wewould far prefer to not blunder into somesituation where we are saying somethingcontrary to what you might have told yourlegislator. That only gives the legislator thefreedom to do whatever he or she wants to do.

With the above actions, you have laid thegroundwork for effective advocacy. Now, whenyou actually go to the State House, how canyou and your colleagues be most effective?

When trying to convince a board, commis-sion or legislators to revise their thinking about

an issue or to start thinking about an issue,remember this at all times: You are the messenger.Your comments need to be directed to the issue andto supporting the views of the people for whom youare speaking. Your own personal feelings and beliefsare not the subject of discussion and may diminishthe power of your arguments. Your credibility iseverything in this game, and once lost it is verydifficult to re-establish.

An effective advocate’s strengths:· Information. This is a municipal official’s

long suit. You have made sure that you arewell informed. Now the position you aresupporting must be supported by the facts,and you are the one who can best providethem. Even more important, you must buildcredibility by proving to be an irrefutablesource of impartial information.

· Preparation. Research the topic and thepeople before testifying. What is the topic?Which committee is hearing testimony?What will the opponents (if any) say andhow can they be best contradicted? Whatare the possible alternatives to my proposedsolution and why is mine better? Who arethe important players and what are theirbiases? Where can I best compromise if needbe? Try to ask only those questions to whichyou know the answers. Being blind-sided isdifficult!

· Consistency. Make sure you say the samething before all the different committees andto all legislators with whom you visit. If youhave new issues, ideas or changes in yourposition, be sure to back track and alert allthe previous players of the new situation andwhy it changed.

· Honesty. Tell them the truth, the wholetruth and nothing but the truth. Don’ttell them anything you wouldn’t want to seeattributed to you on the front page of thenewspaper the next morning.

· No personal opinions. To be an effectivespokesperson, you cannot offer publicly, oreven privately, any personal opinion thatdiffers from the marching orders from yourboard or constituents. Doing this even oncedestroys your ability to ever again representthem. Be careful about making jokes. Sofar, it appears that the weather and highschool sports may be the only safe topics forpersonal opinions.

· Don’t overreach. Testify on issues onwhich you are the expert or have been askedto comment on. Saying, “I don’t know. Iwill get back to you.” is OK. Offer to havethe person who knows the answer contactthe legislator, so that you are still beinghelpful. Stay away from topics that are notthe subject of discussion.

VLCT mails out approximately 1,600paper copies of the Weekly Legislative Reporteach Friday during the legislative session.Approximately 900 electronic copies are e-mailed out early Friday afternoon; at thesame time, the Report is posted on theVLCT Web site, www.vlct.org.

If you would like to change how you arereceiving the Weekly Legislative Report to anelectronic copy from a paper one or viceversa, please contact Jill George, VLCTInformation Systems Administrator, [email protected].

· Stay out of the water if you can’tswim. The “how a bill becomes a law” flowchart is only the calm and quiet surface of avery turbulent ocean with tides, current andrip tides beneath and out of sight. Bills inthe Legislature become hostages, victims ofpersonal retribution and weapons of partisanwarfare. There is no way you can know allthe reasons why legislators act the way theydo, and you’ll never be good enough to figureout the whole system. Stay on the top of thewater and deal with the merits of the bill orproposal.

· Formality. During testimony, addresslegislators as “Rep. Smith” or “Sen. Jones.”Address board or commission chairs as Mr.or Ms. Clearly state your name andaffiliation every time you speak, and addressyour comments to the chair. Remember thatthe chairperson is the one who runs themeeting and will have the most to say abouthow a bill or proposal is handled. Be polite!

· Handouts. Keep any handouts informa-tional and concise. Many legislators feelthey don’t have the time to read beyond thefirst page.

· Be available and accessible. Personalpresence in the State House can’t be beat,but make sure that the legislators have yourphone number and e-mail address.

· “You gotta know when to hold ’em,know when to fold ’em.” Knowingwhen to compromise instead of insisting onsomething you know is right and when tobreak all of the above rules are the twoquestions for which we have no answers. Letus know when you find out!

- Karen Horn, Director, VLCT Legislative andMembership Services

(Editor’s Note: For a more detailed discussionof the legislative process – how a bill becomes a law- please see the preview edition of the VLCT WeeklyLegislative Report, mailed to VLCT members inmid-December.)

KEEP IN TOUCH!

11 • VLCT News • December 2003

(Continued on next page)

Return on investment (ROI) is a conceptthat local officials should consider whenattempting to make a case for technology or e-government purchases. Examining the returnsthat the technology investment will yield is animportant first step toward making your case. Ifyou’re unable to do so, then maybe thatinvestment isn’t such a great idea.

This is especially true in this era of tightbudgets, when decision-makers or taxpayersdemand more accountability and it is tougher toconvince them that new technology is worth theinitial investment, not to mention the addi-tional maintenance costs.

How is return on investment measured?ROI analyzes net earnings as a percentage oftotal assets. In other words, is your investmentin assets performing as well as it should? In theprivate sector, the net earnings resulting fromcapital investment are a measure of ROI. In thepublic sector, ROI is measured by costeffectiveness or increased productivity. Servicedelivery or citizen/taxpayer convenience mayalso be considerations that can supersede costeffectiveness or productivity. In e-government,

IS IT WORTH IT?MAKING E-GOVERNMENT PURCHASING DECISIONS

where information and interactive processesmay be available to your citizens, privacy issuesarise that add political considerations totechnology acquisition. These elements ofmunicipal ROI all add up to a very messy sortof analysis not conducive to a simple quantita-tive measurement.

And yet it is important to examine andjustify costly purchases that are long-livedinvestments in order to ensure that themunicipality is indeed maximizing its utilizationof all capital assets, particularly its technology.New, expensive applications or equipmentshould improve productivity by increasingefficiency in the workflow and reducing theneed for additional staff, as well as producingnecessary data in a timely manner. Thisenhances the ability to make better decisionsand increases the availability of information, astaple of a democratic society.

Before making a business case for those whoare making the final decision to acquire atechnology asset, it is incumbent on therequester to examine why he or she needs tomake the purchase. Is it to solve a problem,

improve workflow, or simply to get the latestand greatest top-of-the-line gadget or software?Deciding on a purchase and then trying tojustify it may be putting the cart before thehorse. If you cannot clearly define a problem orneed and how that purchase will resolve theproblem or satisfy the need, then you probablyhaven’t done your homework.

It should also be said that the mission orgoals of your local government would determinethe necessity and priority of various technologyinvestments. If a significant number of yourcitizens demand credit card payment capabilityon-line, providing that service should be apriority. If one of the goals of your governmentis to provide quality service at the counterwithout long lines, perhaps developing aworkflow that makes use of technology to speedup certain transactions such as tax paymentsshould be a priority.

So what are the steps to developing abusiness case for your technology acquisitionrequest?

12 • VLCT News • December 2003

(Continued from previous page)TECH CHECK -

· First, define why you think youneed the technology: what is theproblem or perceived need? Presum-ably, you’ve already examined the workflowassociated with the desired technology andunderstand clearly at which point thetechnology will improve the process orresolve the problem. You should be able toexplain and/or quantify the benefits, whetherthey are in time or cost savings, or theygenerate a new revenue stream, or theysimply improve or enhance convenience andservice delivery to your citizens.

· Second, analyze all costs related tothe investment. Show both the initialcost of acquisition (purchase and set-up orinstallation, including delivery costs), as wellas ongoing costs. These may includemaintenance and training, design anddevelopment, and opportunity costs ofchoosing one option over another.

· Third, analyze all benefits associatedwith the investment. This includesimproved efficiencies in the workflow, harddollar cost savings in supplies, maintenanceor personnel, more or better access toinformation, increased accuracy, andenhanced delivery and quality of service.The intangible costs should be accountedfor, if not quantitatively, at least in anarrative form. My experience with trying toquantify intangible costs or benefits is thatdecision-makers tend to be very skepticalwhen you try to assign numbers to some-thing that clearly defies such an exercise.

When you assert that the there will be a15% increase in quality of service, you’dbetter have a straight-faced explanation togo along with it or you may find that youlose credibility, along with funding, for theacquisition. If you have no good explana-tion, quantified or otherwise, for a benefityou list, it is a good policy not to include it.

Anexsys, an e-government solutions provider,along with Indiana University and Meta Group,a research and consulting firm, have developed aprimer that outlines the process for measuringROI for e-government purchases. They specifythree tools or formulas to use after determiningthe costs and benefits:

1. NPV or Net Present Value Analysis.This works best for projects or purchaseswith tangible costs and benefits, usuallythose associated with internal managementprocesses that are looking for cost effectivesolutions or increases in productivity.Taking your benefits less the costs for eachyear of the life of the project or purchase anddiscounting the results to get their presentvalue will show whether or not there is a netgain or loss. When you discount thenumbers, you are simply dividing them bythe discount rate plus 1 (an acceptablediscount would be the latest municipal bondrate, available through the VermontMunicipal Bond Bank): Difference betweenbenefits and costs over 5 years = $20,000/(1+.04) = $96,154. When comparingoptions, choose the one with the highestNPV.

2. CBA or Cost/Benefit Analysis(Anexys refers to this as BCA).Determine your net benefits and costs, then

divide net total benefits by net total costs. Ifyou have a factor of 1 or more, your benefitsexceed costs. When comparing options,choose the one with the highest ratio.

3. CEA or Cost-effectiveness Analysis.This formula looks at total cost as a ratio oftotal output and is a quick and dirty methodfor looking at projects or purchases wherethe benefits are difficult to ascertain orquantify, but output is easily determined.Comparing automated systems for processingtransactions would be a good example.Speed of output may allow you to processmore per year with one system than withanother, yet may cost more. A way tocompare the two would be to look at totalcost over the life of each system divided bytotal output over the same period. The onewith the lower ratio is your best option.

In summary, when you make technologyinvestments, remember that there should besome sort of return or net benefit for the cost ofthe investment, if it is indeed a wise expenditureof funds. If you can’t identify and adequatelyjustify that return, then the expenditure maynot be fiscally responsible and should not bemade.

Some good resources for learning moreabout ROI are available on-line throughAnexsys at www.anexsys.com (including theprimer I referred to), Darwin Magazine atwww.darwinmag.com/read/010103/roi.html andthe National Electronic Commerce Coordinat-ing Council at www.ec3.org. In addition, SIMXCorporation has an ROI calculator on-line atwww.simx.com.

- Michael Gilbar, Director, VLCTAdministrative Services

Happy Holidays fromall of us at VLCT!

The VLCT offices will be closedThursday, December 25 and Friday,December 26 for the Christmas holiday andThursday, January 1, for New Year’s. Inaddition, the office switchboard will beclosed on Wednesday, December 24.However, some staff will be working thatday and you will be able to reach them bytelephone by listening to the staff directoryand dialing their extension. The switch-board message will also have instructions onhow to reach a claims staff person in case ofa claims emergency.

Best wishes for a joyful and peacefulholiday season and new year.

13 • VLCT News • December 2003

ALL-AMERICA CITY AWARDThe National Civic League is now accepting

applications for the 55th annual All-AmericaCity Award, which recognizes exemplarygrassroots community problem-solving.

“It’s been described as ‘a Nobel prize forconstructive citizenship,’” said ChristopherGates, President of the National Civic League.“That’s how George H. Gallup, the famouspollster and one of the Award’s founders,described the All-America City Award 50 yearsago. That description holds true today.”

The Award honors communities of all sizes –cities, towns, counties, neighborhoods andregions – in which citizens, government,businesses and volunteer organizations worktogether to address critical local issues.Innovation and collaboration are key character-istics of Award winners.

For more information, or to receive anapplication for the All-America City Award,contact the National Civic League, tel. 303/571-4343; e-mail, [email protected]. Applicationsand information can also be accessed atwww.ncl.org/aac/. Applications are dueMarch 11, 2004.

LWCF GRANTS PROGRAMThe Vermont Department of Forests, Parks

and Recreation is soliciting proposals frommunicipalities for grants under the Land &Water Conservation Fund (LWCF) Program.The LWCF program helps to create andmaintain high quality municipal recreation areasand facilities throughout the State.

Approximately $400,000 in federal matchingfunds was available for competitive grants lastyear and a similar amount is expected for thecurrent year. A minimum 50% local match willbe required. Only governmental entities areeligible applicants under this program. Eligibleprojects include acquisition and development ofpublic outdoor recreation areas and facilities.

Applications must be received no later than4:30 p.m. on Friday, February 27,2004 in order to be considered under thisround of funding. Upon approval, funding willbe made available to the highest ranked projectsin the summer of 2004.

For a grant application and grant guidelinesvisit http://www.state.vt.us/anr/fpr/recreationand click on the Land & Water ConservationFund. For more information, contact SherrySmecker, LWCF Grants Administrator, orRebecca Brown, Grants Program Assistant,Vermont Department of Forests, Parks andRecreation, 103 South Main Street, Bldg. 10South, Waterbury, VT 05671-0604, or call 802/241-3653.

14 • VLCT News • December 2003

!Counsel by municipal attorneys and VLCT staff.!Review of proposed ordinances, policies, and

contracts.!Onsite workshops on topics such as financial

management, land-use planning, and theproper functioning of municipal boards andcommissions.

!Consulting services such as meetingfacilitation, mediation, and personnelrecruitment.

!Manuals and handbooks which provide a plain-English guide to state and federal laws.

!Regular surveys on salaries and benefits,municipal practices, rates and fees, etc.

!Model ordinances, bylaws, and policies.

Serving andStrengtheningVermont LocalGovernments

89 Main St., Ste. 4, Montpelier, VT 05602; tel., 800/649-7915; fax,802/229-2211; e-mail, [email protected].

VLCT’s Municipal Assistance Center specializes inthe issues confronting Vermont municipalities today.Please give us a call if we can provide yourmunicipality with any of the following services:

Municipal Assistance Center

MUNICIPAL ASSISTANCE CENTER ON-SITE WORKSHOPSThe following workshops can be delivered on-site in your town or village. Workshops generally

last 2.5 hours; the cost is $700 for VLCT members and $350 for VLCT PACIF members (sharingthe cost with nearby towns is possible). Please contact Dominic Cloud, tel., 800/649-7915, e-mail,[email protected], for more information.Welcome Aboard: An Orientation for New Selectboard Members. This workshop

can be customized to the needs of your local legislative body and covers the basics of Vermontlocal government. Specific attention is paid to the Open Meeting Law, Executive Session,Dylan’s Rule, the Role of the Town Manager, and the Role of the Chairperson.

Retreats and Goal Setting Sessions. On a small board (3 to 7 people), one new person candramatically change the dynamic, goals, and effectiveness of the group. Let VLCT help ensurethe board gets off on the right foot or help get things back on track.

Conducting Effective Meetings and Hearings. This workshop covers the basics ofrunning effective regular meetings, as well as conducting hearings and quasi-judicial proceedings.Particular attention is paid to adopting Rules of Procedure, managing public participation, useof executive session, and ex-parte communication.

Is a Development Review Board Right for Our Town? This workshop covers thestatutory process and choices involved in converting from a planning commission/zoning boardof adjustment model to a planning commission/development review board. Particular attentionis paid to changes in the role/responsibilities of the zoning administrator and board members.

Making it Stick: The Art of Writing Effective Quasi-Judicial Decisions. Theprospect of writing a formal decision for your quasi-judicial board is often perceived as adaunting task. This workshop de-mystifies this perception by providing local officials with thetools they need to write effective decisions.

Understanding Your Town’s Finances. This workshop shows you how to analyze the townbudget and understand the story it tells. Particular attention is paid to capital budgeting andcompliance with generally accepted accounting principles.

The Property Tax Appeals Process. This workshop focuses on the legal requirements forgrievance hearings and Board of Civil Authority (BCA) hearings. Particular attention is paid tothe burden of proof, the role of evidence, and rules of procedure.

VLCT WELCOMESNEW STAFFMEMBER

Tara Fischer began work at the Leaguelast month as the Research and InformationAssistant in the Municipal Assistance Center.Her position, a new one for VLCT, was created

when Deb Solomon left her AdministrativeAssistant position last summer to move toBrattleboro.

While we miss Deb, Tara brings a variety ofexperiences that will help the new MunicipalAssistance Center better meet municipalofficials’ needs for information and backgroundmaterials. Tara is a 1997 graduate of theUniversity of Wisconsin-Milwaukee andreceived her degree in Communications, with aminor in General Business. Following gradua-tion, she worked on a series of projects as anintern with the U.S. Department of Interior,and on implementing water quality grantprograms for Native American tribes for theU.S. Environmental Protection Agency.

Her next position took her to the Coted’Ivoire, West Africa as a U.S. Peace Corps ruralhealth education specialist. Tara focused onhealth and hygiene issues for two years in asmall, rural farming community. Since returningfrom Africa, Tara has worked as a teachingassistant in her hometown of Monroe, Wiscon-sin and as an office nurse in western NorthCarolina.

Tara resides in Montpelier with her husband,who is a student at the Vermont Law School.Welcome, Tara!

Tara Fischer

15 • VLCT News • December 2003

FOR SALEOkidata Microline 591 Wide-Carriage

Dot Matrix Printer. $300. 24-pinwide-carriage dot matrix printer, used onlyfour months. Connects via parallel. 450CPS in High Speed Draft Mode. Comeswith original documentation and software.Drivers to support Windows 95, 98, ME,2000, NT can be downloaded. ContactVLCT, 800/649-7915 or [email protected].

Fire Truck. The Town of Groton, Vermont isaccepting bids for the following used firetruck: Make: 1976 Chevrolet; Model; C65Custom Deluxe; VIN: CCE6676100684;Odometer: 9265 miles; 427 V-8 gasolineengine; 5-speed tran. w/ 2-speed rear; 1600gallon water tank; 250-300 PTO pump.This vehicle will be sold “as-is” without anywarranties, expressed or implied, as to thecondition of such vehicle. The vehicle isexpected to be available during January2004. All bids shall be delivered to theGroton Town Clerk in a sealed envelopemarked “Fire Truck Bid” prior to thedeadline of 3:30 pm January 20, 2004.Appointments to inspect the vehicle may bemade by calling 802/584-3276. The GrotonSelectboard reserves the right to reject anyor all bids and also reserves the right to givepreferential consideration to surroundingcommunities.

I-Beams. The Town of Berlin, Vermont isaccepting bids on 3 I-Beams (3' H x 73' L).I-Beams may be seen at the Town Garage bycalling 802/223-7337. Please submit bid tothe attention of: Town Administrator,Municipal Office Building, 108 Shed Road,

Berlin, VT 05602.

The Selectboard reserves the right to acceptor reject any and all bids. No closing date.

HELP WANTEDMechanic. Full-time position in central

Vermont, responsible for maintaining GreenMountain Transit Agency (GMTA) vehicles,equipment and its facility. Must have or beable to obtain CDL. Must have experienceand formal training on diesel engines andclimate control systems. Please call toll-free866/864-0211 for an application, or faxcover letter and resume to 802/864-5564.GMTA offers excellent wages and a fullbenefits package to all full-time employees.EOE.

Assistant to the Sewer Commission.The Town of Berlin, Vermont SewerCommission is accepting resumes for theposition as Assistant to the Sewer Commis-sion. Persons interested in this positionmust have good computer and administrativeskills, experience in billing and financialreporting, ability to read meters, and possessa valid Vermont Driver’s License. Salary forthe part-time position is commensurate witheducation and experience. The positionrequires approximately 20 hours per weekincluding two (2) evening meetings permonth. Persons interested in the positionmay submit a cover letter, resume, and three(3) references to the attention of: TownAdministrator, Municipal Office Building,108 Shed Road, Berlin, Vermont 05602.Resumes will be accepted until 4:00 PM onDecember 19, 2003. Information may beobtained by contacting the TownAdministrator’s Office at 802/223-4405.

RUNNING FOR LOCALOFFICE BROCHURE

AVAILABLE

VLCT has a limited number of our “Run-ning for Local Office” brochures available fordistribution to citizens who are interested inholding local, elective office.

Designed to encourage local governmentparticipation, the educational brochures outlinethe steps a person needs to take to get on theballot, the eligibility requirements for holdinglocal office, and some of the issues and

procedures aperson mightexpect toencounter asa new localofficial.

Thebrochureswere printedlast year. anda free, startersupply wasmailed toeach VLCTmembermunicipalityfor use ashandouts inthe weeksleading up toTownMeetingballotdeadlines.

Please contact us at [email protected] or call800/649-7915 to order these free brochures.You may also print copies from the VLCT Website, www.vlct.org/local.htm.

VLCT NEWS CLASSIFIED ADVERTISING POLICYThe VLCT News welcomes classified advertisements from

municipal entities, public agencies, businesses and individuals. Thisservice is free for VLCT members (regular, contributing and associ-ate); the non-member rate is $37.00 per ad.

The VLCT News is published every month and usually reachesreaders by the third week of the month. Ads are also placed on theVLCT Web site as soon as they are received.

The copy deadline for advertisements is the first Friday of themonth for that month’s issue. However, space is occasionally availablefor late additions. Please feel free to check with the editor foravailability. For more information on advertising in the VLCTNews, please call 800/649-7915 or e-mail [email protected].

16 • VLCT News • December 2003

89 Main Street, Suite 4Montpelier, VT 05602-2948

PRSRT STDU.S. Postage

PAIDMontpelier, VTPermit No. 358

Annual Wellness Coordinator Work-shop. Friday, January 9, Hampton Inn,Colchester; Friday, January 16, CapitolPlaza, Montpelier; Thursday, January 22,Black Bear Tavern & Grill, St. Johnsbury;Friday, January 30, Cortina Inn, Mendon;Thursday, February 5, St. Anthony’s CountryClub, Bennington; and Thursday, February12, 2004, Holiday Inn, Brattleboro. Pleasesee article on Page Nine for more informa-tion about these VLCT sponsored, regionalworkshops.

The Policy Issues Surrounding WindPower. Thursday, January 15, 2004,Suzanna’s Restaurant, Berlin. Sponsored bythe VLCT Municipal Assistance Center forlocal and regional planners, town managersand administrators, selectboard members,citizens, and land use or energy profession-als. The day-long workshop includessessions on Vermont’s energy policy issues,the positives and negatives of wind power, apolicy roundtable, and collaborative

decision-making for solving tower sitingdisputes. Please contact Jessica Hill, VLCTConference Coordinator, tel., 800/649-7915; e-mail, [email protected], for moreinformation. For online registration, visitwww.vlct.org, select the Calendar, and selectthis workshop.

Municipal Lands Management.Thursday, January 29, 2004, HulbertOutdoor Center, Fairlee. Sponsored by theVLCT Municipal Assistance Center, thisworkshop will focus on the legal, insurance,and management issues involved with townforests, parks and natural areas. Pleasecontact Jessica Hill, VLCT ConferenceCoordinator, tel., 800/649-7915; e-mail,[email protected], for more information. Foronline registration, visit www.vlct.org, selectthe Calendar, and select this workshop.

Local Government Day in the Legisla-ture. Wednesday, February 11, 2004,Capitol Plaza Hotel, Montpelier. Co-sponsored by VLCT and the Vermont

Municipal Clerks and Treasurers’ Associa-tion, this day-long program featurespresentations by VLCT and VMCTA onimportant legislation, meetings withlegislators and testimony before legislativecommittees. Please contact Jessica Hill,VLCT Conference Coordinator, tel., 800/649-7915; e-mail, [email protected], for moreinformation. For online registration, visitwww.vlct.org, select the Calendar, and selectthis event.

VLCT Town Fair and Field Day.Wednesday, September 29 and Thursday,September 30, 2004, Barre Municipal CivicCenter. It’s not too early to mark yourcalendars!