Municipal Highway Association Equipment Show & Field Day

PACIF Difference #2: “No Fault” Sewer Backup Coverage From Main Street to the Mountains: Vermont’s Musical Landscape! Managing Town Social Media Platforms

Serving and Strengthening Vermont Local Governments June 2018 From the Executive Director

Diversity is a subject that many Vermonters and Vermont institutions have been discussing for years. It is a noteworthy, complex topic. When the conversation turns to what can be done to support diversity in our state, I hear many different opinions and recommendations about how to best address the issue. While traveling around the state and talking with VLCT member officials and municipal leaders, I have discovered that people want to know how we, as municipal governments, can support an increasingly diverse Vermont. What steps should we take to ensure that we treat everyone – our residents, our colleagues, and those who visit our communities – in a consistent, unbiased manner?

To do that successfully, it is essential that we understand the concept of implicit bias. This is becoming an increasingly common term. The U.S. Department of Justice defines it well, referring to implicit bias as “the unconscious or subtle associations that individuals make between groups of people and stereotypes about those groups.” Without us being at all aware, these associations can significantly change our behavior and decision-making based on the person or people with whom we interact: we treat different people differently based on any number of variables – race, religion, gender, sexual identity, education level, and so on. If these influencers affect each of us on an unconscious level, what, then, can we do about it? And where do we, as individuals who interact daily with a wide range of people from our communities, see implicit bias at work? Fortunately, implicit bias is an area of active research for social scientists and those who examine the workings of the human brain. As a result, numerous training programs exist to help people identify implicit bias, understand the depth and breadth of its influence on how we relate to one another, and provide us with techniques to counter its influence. I am pleased that we will cover this topic at Town Fair 2018 in South Burlington in October. In addition, I have been talking with experts from around the state and with members who are working on this important issue to figure out the best way to make implicit bias training a regular offering to VLCT members beyond Town Fair, and I will keep you apprised of our progress. In the meantime, I am always eager to hear from you. Is implicit bias a topic you are talking about in your community? What type of assistance could VLCT offer you? Send me your thoughts and suggestions at [email protected]. I am very interested to know what you think.

VERMONT LOCAL GOVERNMENT LAW Warm regards, JAMES W. BARLOW plc Maura Carroll Executive Director, VLCT Attorney Jim Barlow [email protected] 802.274.6439

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2 VLCT News Inside this issue Serving and Strengthening Vermont Local Governments From the Executive Director...... 2 89 Main Street, Suite 4 Montpelier, VT 05602-2948 [email protected]/www.vlct.org Ask the League...... 4 802-229-9111 U.S. Dept of Labor Offers “PAID” Program. . . .5 Follow us on: @ Twitter: VLCTAdvocacy Vermont’s Musical Landscape...... 6 Facebook: VLCT Advocacy YouTube: youtube.com/vlctexec RMS Trust Matters...... 8

VLCT Board 2018 RMS Calendar...... 9 Dominic Cloud, President City Manager, St. Albans City PACIF Difference #2...... 9 Hon. Miro Weinberger, Vice President Mayor, Burlington Jared Cadwell Immediate Past President Selectperson, Fayston Managing Town Deb Beckett Town Clerk/Treasurer, Williston Social Media Platforms...... 10 Peter Elwell Town Manager, Brattleboro William Fraser City Manager, Montpelier City Mary Ann Goulette Town Manager, West Rutland Sandy Pinsonault Town Clerk, Dorset Charles Safford Town Manager, Stowe Ted Simmons Selectboard Vice Chair, Orwell Rebecca White Selectperson, Hartford Brendan Whittaker Selectperson, Brunswick Lucrecia Wonsor Town Fair 2018 Preview ...... 11 Town Clerk/Treasurer, Killington

th Maura Carroll Trivia (100 !)...... 11 Executive Director Shawna Brulé Staff News ...... 12 Graphic Designer David Gunn Classifieds...... 13 Editor/Copy Editor A Great Golfing Deal Returns...... 15

The VLCT News is published eleven times per year (the August and September issues are combined) Upcoming Events ...... 16 by the Vermont League of Cities and Towns, a non- profit, nonpartisan organization founded in 1967 to serve the needs and interests of Vermont municipal- Photo credits: cover, 2018 Plow Rally, Shawna Brulé; page 6, ities. The VLCT News is distributed to all VLCT member towns. Please contact VLCT for subscrip- Northeast Kingdom Community rehearsal, David Gunn. tion and advertising information. June 2018 3 Questions asked by VLCT members and answered by the League’s legal and research staff

What should our town know about hiring seasonal workers?

Many municipalities hire workers to from state minimum wage requirements but DOL Fact Sheet #32 at https://www.dol. assist with warm-weather operations they are subject to the federal minimum gov/whd/regs/compliance/whdfs32.pdf. such as summer recreational programs wage for youth. and town swimming facilities. Although State law limits the number of hours that these individuals are bona fide municipal According to the Wage and Hour Division minors may work and the functions they employees, they are not subject to the of the Vermont Department of Labor, a may perform. Those restrictions are listed same state and federal laws regarding wages municipality may pay its student employees on the Department of Labor’s website at and overtime. For instance, employees in anywhere on the federal pay scale from a http://labor.vermont.gov/wordpress/wp- municipal recreational programs that operate youth wage of $4.25 per hour to the federal content/uploads//WH-30-Information-for- for fewer than seven months of the calendar minimum wage of $7.25 per hour for a Employer-Child-Labor-Law.pdf. year are exempt from the overtime provisions maximum of 90 days or until the individual’s Sarah Jarvis, Staff Attorney II of federal and state law. For an employee to 20th birthday. For further information, see VLCT Municipal Assistance Center qualify for the exemption, his or her duties must be performed at a facility that is a distinct, physical place of operations that is separate from the main administrative Up-to-date information and helpful templates location of the organization. This means recently added to the VLCT website that a municipality’s entire government cannot qualify as a recreational program (or “establishment”). Similarly, parks and recreation department employees who are employed by a central, non-recreational Find these Online agency do not qualify for the exemption, even if they are employed only seasonally. FAQs: Vacancies in Elected Offices The applicable laws are Section 13(a)(3) of Vermont law states that an elected town office becomes “vacant” if the town officer the federal Fair Labor Standards Act, and resigns, is removed from office, dies, becomes unable to perform his or her duties due Title 21, Section 384(b)(2)(A) of Vermont to a mental condition or psychiatric disability, or moves out of the town in which he Statutes Annotated. For further information, see the U.S. Department of Labor (DOL) or she serves. 24 V.S.A. § 961. The creation of a vacancy in town government can be Fact Sheet #18 at https://www.dol.gov/whd/ a time of great confusion and uncertainty for municipalities. MAC created a list of regs/compliance/whdfs18.pdf. frequently asked questions and answers to assist members with vacant elected offices. https://www.vlct.org/resource/vacancies-elected-offices-faqs The legal scheme in regard to minimum wage is slightly different. A seasonal employee Model All Terrain Vehicle (ATV) Ordinance is exempt from federal minimum wage This model ordinance is for member municipalities that wish to regulate the use and requirements but not from state minimum operation of ATVs within the municipality. wage requirements. In other words, https://www.vlct.org/resource/model-all-terrain-vehicle-atv-ordinance municipal employees performing seasonal functions must be paid the state minimum Model Social Media Policy wage, even though they are only employed MAC wrote this model policy to help member municipalities create and seasonally. However, there is an exception manage their social media platforms. Guidance regarding state and federal legal to the law: Title 21 Section 383(1)(I), for students who work during all or any part of considerations and additional information is provided to facilitiate customization. the school year or during regular vacation https://www.vlct.org/resource/model-social-media-policy periods. Those student employees are exempt For more information, contact MAC at 4 VLCT News 800-649-7915 or [email protected] Featured Upcoming MAC Workshops and Training

Building a Sense of Municipal Place: A Forum for Employment Law and Municipal Officials Human Resources and Community Workshop Development Groups Tuesday, June 5, Thursday, June 14, Capitol Plaza, Montpelier Killington Grand Resort, Killington

Featuring: Featuring: • Compensation Planning and Pay • Community Building – A Road Map for Your Classification Place Frank Sadowski, Partner, Human Resources • Vermont Communities Transforming Consulting, Gallagher, Flynn & Company, LLP Challenges into Opportunities • Unlawful Harassment: Preventing Liability by • Wastewater Infrastructure and Food and Creating a Respectful Workplace and, Beverage Businesses • How Legalization of Marijuana Impacts • Revitalizing Public Buildings and Spaces Municipal Employers Co-sponsored by: Agency of Commerce and Kerin Stackpole, SPHR, Director of Employment + Community Development, VT Municipal Bond Bank, Labor Law Group; Paul, Frank + Collins and VT Regional Development Corporations

Visit our website, www.vlct.org/training-events, for more information on these and other upcoming VLCT training events!

Human U.S. Department of Labor Resources Offers “PAID” Program Webinars In March, the Wage and Hour Division (WHD) of the U.S. Department of Labor created a nationwide, six-month pilot program to proactively identify and resolve minimum wage FREE for or overtime violations by employers. VLCT PACIF members Participation in the program, which is voluntary, is designed to avoid litigation, penalties, Selectboard members, municipal man- and liquidated damages. Under the Payroll Audit Independent Determination (PAID) agers and administrators, department program, employers are able to self-audit their pay practices for possible overtime or heads, HR directors, and other munici- minimum wage violations under the Fair Labor Standards Act (FLSA). If the employer pal officials with supervisory and manage- discovers violations, it can then work with the WHD to correct the mistakes and pay any ment responsibilities are encouraged to back wages owed to employees. attend these sessions. Municipal employers are eligible to participate in the PAID program. However, employers • Thursday, June 21, 12:00-1:00 PM: already under investigation or engaged in litigation or settlement of wage violations may “You’re Hired!” – Now what? not participate. • Thursday, July 19, 12:00-1:00 PM: Effective Performance Management To learn more about the PAID program, visit https://www.dol.gov/whd/paid/, where you will find an informative Q&A section as well as a link to a free webinar. Register at www.vlct.org/training-events or contact [email protected] for more Jill Muhr, Human Resources Consultant information. VLCT Municipal Assistance Center

June 2018 5 From Main Street to the Mountains: Vermont’s Musical Landscape! For such a small state, Vermont has an competition, whose winner is featured in Helen Read and Martha Walker, the especially thriving live classical music its spring concert. orchestra has grown in size to more than scene. Besides a wide assortment of bands, 60 musicians from Burlington and the youth-oriented ensembles, and choruses The Burlington Civic Symphony is an surrounding area. The BCSO’s mission is of all descriptions, it also has a first- auditioned community orchestra. Founded to present high quality performances of rate professional orchestra, the Vermont in 2011 by Daniel Bruce (the ensemble’s orchestral masterworks and newer works by Symphony Orchestra. Scattered throughout current conductor) and French hornists living , and to bring symphonic the state are some dandy community , too.

The Amateur Musicians Orchestra, based On-Site BCA Training – in South Burlington, was founded in 1984 Effective Property Tax Appeals with support from the Burlington Friends of Music and St. Paul’s Ministry of the Arts. In the early years, the AMO had as few as 10 to 20 members; now it has up to 60. Ray Staff attorneys from the Municipal Assistance Center will travel to Anderson was its initial conductor, followed your town office to conduct training for all members of the Board of by Tom Toner, Richard Moorhouse, David Civil Authority – selectboard members, town clerks, justices of the Gusakov, and Anne Decker. Daniel Bruce peace – as well as listers and hired/appointed appraisers. It will cover: has been music director since 2006. The orchestra typically presents two free • the objectives and parameters of the tax appeal process; concerts a year. • the procedures and timelines that must be followed; and The Burlington Chamber Orchestra was • tools for managing the entire process appropriately and effectively. founded by Michael Hopkins in 2007 with a group of 20 Vermont musicians to advance The cost for PACIF members is $415. the arts and culture in Burlington. Hopkins stepped down as director in 2010; the current music director is Yutaka Kono. The Schedule your training for April, May, or June now! orchestra helps with the music education of hundreds of students in Burlington and the Contact Abby Friedman at [email protected] surrounding area. As part of this outreach, the orchestra hosts an annual concerto or 800-649-7915, ext. 1926

6 VLCT News music to diverse audiences through special debuted in 2017 at the Brattleboro Music of internationally renowned pianist programs that include pops and children’s Center’s Auditorium. The director is Zon Diane Huling, who was music director concerts. Eastes, who led the Windham Orchestra of the Bethany Congregational Church for over 20 years. The Juno Orchestra in Montpelier. A group of string players The Champlain Philharmonic Orchestra Project, which began last spring, is a five- directed by Ms. Huling performed a debuted in 2004 with David Gusakov as to seven-year musical mission that features Bach Brandendburg Concerto and Faure’s music director at the Middlebury College as soloists musicians who received their Requiem with the Bethany Congregational Center for the Arts. In 2010, under the early training in the area. The project will Church Choir in 1994. The following direction of Paul Gambill, the orchestra also commission new works that add to the winter, the Montpelier Chamber branched out by performing with the region’s expressive and economic vibrancy. Orchestra presented its first official Middlebury Community Chorus, featuring concert. In 1996, Lisa Jablow and Catherine pieces by local composers Peter Hamlin Me2/Orchestra bills itself as “the world’s Broucek Orr formed a partnership as co- and Robert Wigness and offering local only classical music organization created music directors. One notable concert that competitions for high school students. for individuals with mental illnesses and year featured music by French As the resident orchestra of Middlebury’s the people who support them.” Its mission Olivier Messiaen that required an ondes Town Hall Theater, the CPO performs is to erase the stigma surrounding mental Martenot, an early 20th century electronic regularly in Middlebury and now Green illness, including addiction, through musical instrument, whose soloist had to be Mountain College in Poultney. Matthew supportive classical music ensembles and imported from Montréal. The orchestra’s LaRocca became music director in 2017. performances. It is a non-auditioned current music director is Anne Decker. orchestra that rehearses weekly and Founded by Willie Docto in 2006 in performs three or four times annually The Newport Area Community Waterbury, the Eleva Chamber Players in traditional concert venues, inside Orchestra serves the communities of is an all-string, conductorless chamber correctional and rehabilitation facilities, the Northeast Kingdom. Its mission is to orchestra comprising professional and for mental health events. Roughly half foster excellence and innovation in the musicians from throughout Vermont of its current members have a diagnosis they arts in the community. The orchestra also and the Northeast U.S. Eleva’s annual are living with and have chosen to publicize serves the student communities of North concerts include musical tours of Vermont it, but the telling is strictly optional. Music Country Union High School, Lake Region wineries plus house concerts throughout Director Ronald Braunstein and Executive Union High School, Stanstead College, and the country. The ensemble’s performances Director Caroline Whiddon launched CCV in Newport. The NACO Woodwind often feature a compère, who enhances the Me2/ in 2011. Three years later, they began Quintet, the NACO Piano Trio, Trio concert experience by reciting program a similar orchestra: Me2/Boston. Nostalgia, NEK Chamber Players, and notes that shed light on each musical piece. the NACO String Quartet are smaller In the early 1990s, cellist and physician The Juno Orchestra is a chamber orchestra ensembles of the orchestra that perform Tom Moore began thinking of forming an at local venues. Ken Michelli founded the made up of professional musicians from ensemble of Central Vermont’s growing around Brattleboro, southwestern New orchestra in 2011 and is its current music number of accomplished string musicians. director. Hampshire, and western that The concept took shape with the arrival Local and student musicians in and around Lyndonville comprise the Northeast Kingdom Community Orchestra. The orchestra includes a mix of unauditioned “seasoned” musicians and players as young as eight years old who sit with their teachers and learn as they play. The orchestra presents two free concerts annually, in  November and May. Jason Bergman is artistic director and conductor.

Sage City Symphony was founded in 1972 by composer ‘˜ƒ–‹‘ and music professor as a community/college orchestra with close ‡ƒ†‹‰ ‹–‹ƒ–‹˜‡•‹ ties to the college. The college donates —•–ƒ‹ƒ„Ž‡ƒ–‡”‡•‘—” ‡• rehearsal and performance space, shares its percussion instruments and pianos, and tĂLJŶĞůůŝŽƩ͕sŝĐĞWƌĞƐŝĚĞŶƚƒ–‡”ǡƒ•–‡™ƒ–‡”ǡƬ–‘”™ƒ–‡” encourages its students to participate as ǁĞůůŝŽƩΛĞŶŐŝŶĞĞƌƐ͘ĐŽŵ ϴϬϮ͘ϴϳϵ͘ϳϳϯϯ/ǁǁǁ͘ĞŶŐŝŶĞĞƌƐ͘ĐŽŵ (continued on page 12)

June 2018 7 RISK MANAGEMENT SERVICES Trust Matters Noteworthy and timely information fromVLCT’s non-profit risk-sharing trusts. Group Dental Renewal is upon Us Open Enrollment for the July-to-June dental coverage year is nearly finished! The VERB Trust’s plans and rates for the renewal were mailed and emailed to members on May 4th, and any changes must be submitted to Northeast Delta Dental (Delta) early in June. There will only be a 2.9% increase in our dental program rates for the next year for both July-to-June (fiscal year) and 2019 calendar year coverage. This in- crease is primarily due to Delta’s current claim trend, which reflects dental care cost inflation and increased utilization.

For the past several years of our partnership with Delta, our rates have either decreased or remained flat. Last year’s renewal was the exception, yet that slight increase was in re- sponse to member requests for improved coverage to include white composite fillings on posterior teeth. VERB’s long-term low rates are a result of several factors: our mem- bers’ excellent claims experience, Delta’s negotiated provider fees, and the fact that ma- ny of our subscribers make extensive use of Delta’s expanded PPO and Premier provider networks. Additionally, our subscribers have taken advantage of Delta’s Health through Oral Wellness Program, which allows those who qualify to receive additional preven- tive dental services at no extra cost.

Delta has clearly been the right dental coverage choice for Vermont mu- nicipalities, especially since VERB members continue to enjoy the high- est quality benefits at extremely competitive and cost-effective rates.

Please direct any questions you have about VERB’s dental coverage – such as this season’s group dental renewal, adding dental coverage for your group, or Individual Direct Dental plans – to VLCT’s Kelley Avery or Larry Smith at [email protected], [email protected], or 800-649-7915.

Thank you for participating in VERB’s various programs. Your mem- bership keeps the Trust healthy! Welcome

Perfect weather greeted attendees at the VMHA 2018 Equipment Show and Field Day on May 9th in Barre. VLCT staff members always help judge the morning Snowplow Rally, which was only a little dusty this year.

Workers’ Compensation, Property, Auto, Crime Unemployment Insurance Administration, Claims Management, Advocacy General, Law Enforcement, Public Officials, and Employment Practices Liability Dental, Vision, Health Insurance Consultation, Large Group Health Insurance PACIF Loss Control Consultation, Safety Programs and Training, WorkStrong VERB Group Life, Accidental Death, Disability, Optional Life 8 VLCT News RISK MANAGEMENT SERVICES

PACIF Difference #2: “No Fault” Sewer Backup Coverage Have you ever dealt with a property owner who calls your municipality and/or attends a governing board meeting in search of financial assistance for cleaning up a sewer backup in their home? This unhappy person is hoping for a quick resolution to a disgusting situation. While most commercial general liability policies provide municipalities with some level of sewer backup coverage, they do so only when the municipalities are at fault. In Vermont, oftentimes it’s determined that municipalities are not at fault in these situations – which then places the cost of cleanup and repair on the property owner.

As you can imagine, these are not pleasant situations to be involved in because you know the homeowner wants 2018 RMS Calendar the mess to be cleaned up immediately. Answering the call of members in 2003, PACIF developed a unique (not commercially available) “no fault” coverage to help Deadline to submit Delta Dental insurance renewal pa- members provide a more expedient remedy for proper- perwork for 7/1/18 – 06/30/19 coverage. Friday, June 1. ty owners. PACIF’s sewer backup coverage is designed to minimize the need to establish clear liability and ensures New Marijuana Legislation: What Vermont Employ- that the property owner is compensated for damages that ers Should Know for the Safety of Their Employees. are not covered by their homeowner’s or other insurance Wednesday June 13, 8:00 a.m. to 10:30 a.m., College of policy, subject to certain limitations and exclusions. All St. Joseph, 71 Clement Road, Rutland. A discussion of Ver- PACIF policies come with $10,000 in annual coverage mont’s new marijuana laws led by David Harlow of Downs for members with sewer connections, and members can Rachlin Martin, PCLL, and brought to you by the Rutland elect to purchase an additional $20,000 (for a total of Area Chapter of VSHC. For more information and to regis- $30,000) in coverage for an added cost. PACIF mem- ter please contact Jill Merrow, jmerrow@vermontcountrys- bers regularly report that this coverage is tremendously tore.com. valuable because it helps them address property owners’ needs as soon as possible. This coverage provides a quick- Tick Borne Illnesses: How Do They Affect Your Work- er and equitable solution to a nasty problem and mini- place? Wednesday, August 8, 8:00 a.m. to 10:30 a.m., Col- mizes the delays that can occur when insurance compa- lege of St. Joseph, 71 Clement Road, Rutland. Presented by nies argue about who is responsible. Bradley Tompkins, Infectious Disease Epidemiologist and Enteric & Tickborne Disease Program Chief at Vermont No fault sewer backup coverage is one of many PACIF Department of Health, and brought to you by the Rutland differences to remember when shopping your munici- Area Chapter of VSHC. For more information and to regis- pality’s property and casualty insurance. You may find ter please contact Jill Merrow, jmerrow@vermontcountrys- cheaper insurance options out there, but none will in- tore.com. clude the customized products and member-focused ser- vices that PACIF provides. You can rest assured that with 2018 VLCT Local Officials Golf Outing. Wednesday, Au- PACIF, we’ve got you covered. It’s part of how we ful- gust 22, 9:00 a.m. through lunch, Green Mountain Na- fill the VLCT mission of serving and strengthening Ver- tional Golf Course, 476 Barrows Towne Road, Killington. mont local governments. And we’re committed to do- Cost: $50 for each municipal player; $65 each for others. ing it. Accepting (and welcoming!) sponsorships until Friday, July Fred Satink, Manager 20. Golfers, please register before Thursday, August 2. For Underwriting and Safety & Health Promotion more information, contact Pam Fecteau, [email protected].

Workers’ Compensation, Property, Auto, Crime Unemployment Insurance Administration, Claims Management, Advocacy General, Law Enforcement, Public Officials, and Employment Practices Liability Dental, Vision, Health Insurance Consultation, Large Group Health Insurance PACIF Loss Control Consultation, Safety Programs and Training, WorkStrong VERB Group Life, Accidental Death, Disability, Optional Life June 2018 9 Managing Town Social Media Platforms

Municipalities are increasingly using social media is beneficial, there are risks. For one, media to publicize the goings-on in town, town officials must comply with the Open whether it be general information or timely Meeting Law and Public Records Act. The special announcements. Given the ever grow- former requires all meetings of a public body ing number of people who are active on Face- to be duly warned and open to the pub- book or Twitter, these and other social media lic. While social media platforms may help platforms can be valuable tools with which to connect the town with the public and pro- share activities and initiatives with your citi- vide transparency (one of the key purpos- zenry, especially those who are unable to or es of the Open Meeting Law), they may al- record and therefore must be managed pur- rarely attend the town’s public meetings in so be places where town officials inadver- suant to state law and the Vermont State Ar- person. tently violate the law. Such inadvertent vi- chives and Records Administration’s applica- olations can occur when a majority of the ble retention schedule or disposition orders. Social media platforms also enable citizen members of a public body participate in Read more about record retention and dis- participation. Most platforms allow users to (virtual) discussions about town business position at www.sec.state.vt.us/archives-re- comment, by uploading content or respond- on those platforms. You can learn more cords/records-management.aspx. ing to other users’ posts. Comments and re- about the Open Meeting Law at www.vlct. plies can create a fertile space for discussion org/municipal-assistance/municipal-topics/ Towns also need to be careful not to violate of town business and issues and allow the vermonts-open-meeting-law. First Amendment rights of the users of the public to communicate not only with each town’s social media platforms. Generally, the other but also with town officials. Concerning the Public Records Act, town of- First Amendment restricts the government ficials must also be aware that any post, up- from discriminating against speech based While it is clear that sharing information and load, or comment created or received via on its content or viewpoint. Therefore, for interacting with the public through social the town’s social media platforms is a public

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10 VLCT News example, when a town enables users to com- increased risk of violating the First Amend- ment on its social media platform, the town ment. If a town has designated a social me- Town Fair cannot edit or remove a comment merely be- dia platform as a limited public forum but cause it criticizes the town or a town official. fails to consistently moderate user comments 2018 Preview To ensure the town is moderating user com- as such, the platform may become a de fac- After reviewing the results of a survey we sent ments appropriately, the town should iden- to traditional (unrestricted) public forum, out in April, VLCT staff have worked to fill tify the purpose of each social media plat- meaning that the town would be unable to our Town Fair agenda with exemplary train- form and clearly designate it as either a “lim- limit or remove any comment. (Think of a ing sessions that are especially relevant to our ited public forum” or “government speech selectboard meeting as a limited public fo- members. So far, workshop topics for Town forum.” rum and the sidewalk as a traditional pub- Fair 2018 – scheduled for October 3 and 4 lic forum). A “limited public forum” allows discussion at the DoubleTree (formerly the Sheraton) in Burlington – include implicit bias training, re- of certain topics; user comments must be re- To help municipalities manage their social cords retention, and cyber security. We’re also lated or they are subject to removal. One ex- media presence, VLCT’s Municipal Assis- in the planning stages for trainings on waste- ample is a town Facebook page that has been tance Center has updated its model Social water allocations and employment practices enabled to allow users to post comments and Media Policy. The policy aims to manage the liability, as well as a timely session on what replies regarding town posts. important considerations discussed in this ar- steps local governments will need to take fol- ticle. It also sets out policies and procedures lowing this year’s legalization of marijuana. Conversely, a “government speech forum” is to create and manage a town’s social media available only for the town to convey infor- platforms and identifies their proper use by mation. Public user comments are disabled *** New this year: VLCT has partnered with town officials when conducting town busi- the Vt. Dept. of Taxes Property Valuation Re- on government speech forums. Many towns’ ness. The model policy is available in the Re- official websites are government speech fo- view to hold two training sessions at Town source Library of the VLCT website, www. Fair. rums, used exclusively by the town to post vlct.org/. You may also request the document town information, initiatives, or events. by emailing [email protected]. We plan to mail Town Fair conference infor- Failure to designate a social media platform, mation in late July; registration will be open Carl Andeer, Staff Attorney I by August 1st. identify its purpose, and moderate posts VLCT Municipal Assistance Center and comments accordingly will result in an

While Mike Donoghue, Karen Drennen, and Jackie Higgins of the Vermont Press Association, Swanton, and Williamstown, respectively, knew that the more com- mon name of the “mountain with a head like a moose” is Mount Mansfield, ace trivialogists Rosie Laquerre, Herb Durfee, and Heidi Racht of East Montpelier, Norwich, and Huntington (also respectively) also knew that Mount Nickwackett in Chittenden is what the Abnaki referred to as “the abode of squirrels.” No one, however, noted that an anagram of Mansfield’s other name, Mozodepowadso, is “doomed zoo wasp.” Of course, I didn’t ask for it, but still.

The gravestone of a Vermonter who participated in the Rogers’ Rangers raid against the St. Francis Indians in 1759 carries this inscription: “Our common country claims our aid: Living or dying, I will defend it.” Who was the Vermont- er, and what river is ever so coincidentally named after her or him? (Hint: It isn’t Ambrose “Buddy” Amazon.) Think you know the answer to –Anniversary Alert! – this, my one hundredth trivia question? Email it to [email protected]. My answer will appear in the emerald ash borer-free July issue.

June 2018 11 Vermont’s Musical Landscape! (continued from page 7) players by providing them with academic The Windham Orchestra, founded credit. Other players, all unauditioned, in 1969, serves four important roles: are drawn from Vermont, , and performing live orchestral music in western Massachusetts. Its music director is Brattleboro and surrounding towns, Michael Finckel. providing performance opportunities for musicians of all backgrounds, educating The Vermont Philharmonic, “Vermont’s local school children, and providing an original community orchestra,” played its orchestral ensemble for performance of first public concert in 1959 at Norwich music by local composers. The orchestra University’s Plumley Armory in Northfield. members themselves chose more than Norwich Professor of Music Jon Borowicz three-quarters of the repertoire for the founded and conducted the ensemble 2017-2018 season. Twenty-eighteen marks for almost 20 years. He was followed by the 32nd year the orchestra has held a Brian Webb, Dan Bruce, and, since 1999, concerto competition for high school age Louis Kosma. In 1993, the Barre Opera musicians. The orchestra’s rehearsal home is House became the orchestra’s permanent the Brattleboro Music Center and its music home. Like other community orchestras, director is Hugh Keelan. the Philharmonic offers opportunities to Vermont high school music students to Are there any regional orchestras I missed? Staff News perform with the orchestra. Each year, the Please, let me know! Philharmonic awards, through audition, As of this month, Terri Crawford will have a scholarship to an exceptional music David Gunn, Editor worked at VLCT for 25 years, wow! Terri student, who is then the featured soloist in VLCT News joined VLCT in June of 1993 as a secretary. a concert. Since then, she has assumed various roles in both the Underwriting and Claims depart- ments. While Terri is licensed in workers’ compensation and property and casualty claims, she currently focuses on the latter, where she serves as Senior Claims Specialist.

Terri handles a wide variety of complex lia- bility and property claims and assists Claims Manager Kelly Kindestin as interim leader when Kelly is out. Many of you will recall the integral role she played assisting mem- bers through Tropical Storm Irene claims.

At Town Fair 2018, Terri will be present- ed with the John G. Stutz Award, an hon- or bestowed on individuals who have served 25 or more years on the staff of a state mu- nicipal league, state league risk pool, or the National League of Cities. The award is named in honor of John G. Stutz, who con- vened representatives of ten state munic- ipal leagues in 1924 in Lawrence, Kansas, for the first meeting of what would later be- come the National League of Cities.

Muchas felicidades, Terri. And just think – you’re already halfway to your goal of 50 years of VLCT employmental gratification!

12 VLCT News Classifieds Please visit the VLCT website www.vlct.org/classifieds to view more or submit a classified ads.

Help Wanted public works administration or civil engi- VLCT NEWS neering, with a supervisory capacity in at Advertising Information Maintenance Worker. The Town of Rich- least one of those years, or the equivalent mond seeks a qualified person to fill the The VLCT News is published eleven combination of education and experience part-time (20 hours/week) permanent which will demonstrate the possession of times per year – the August and Sep- position of maintenance worker. The tember issues are combined – and the required knowledge, skills, and abil- individual must enjoy working outdoors ities; eligibility to be registered with the reaches readers no later than the first and within the complex setting of the week of the month. State of Vermont as an Engineer is desir- town’s wastewater treatment and water able but not required; any combination of Two kinds of advertising are avail- distribution systems. Experience operat- knowledge, skills, abilities, certifications, able in the VLCT News: ing small equipment is desirable, but we and education deemed to be adequate will train the right person. A job descrip- for the position; valid passenger vehicle Classifieds tion is available at www.richmondvt.gov operator’s license. Salary range, $72,500 (Posted online and also placed under Documents, or call 434-2178 for to $80,000, depending on qualifications. in the printed VLCT News) more information. Starting salary, $12.06 Excellent benefits. A job description is per hour. To apply, send cover letter, available at the Municipal Manager’s The VLCT News publishes classified resume, and three current references to Office (7 Square in Bellows Falls) or visit advertisements from municipal enti- Town of Richmond, Attn: Maintenance http://www.rockbf.org/ and click Public ties, public agencies, businesses, and Worker Water Resources, PO Box 285, Notices. Apply to: Shane O’Keefe, Munic- individuals, subject to the VLCT Ad- Richmond, VT 05477. EOE. (05-07) ipal Manager, Town of Rockingham, PO vertising Policy. Ads are free for VLCT Safety Manager. The City of Burlington Box 370, Bellows Falls, VT 05101. Posi- members (regular, contributing, and seeks a Safety Manager to be responsi- tion open until filled. EOE. (05-04) associate). Effective February 7, 2017, ble for expanding and supporting a city- municipal non-members will pay $50 wide workplace culture of safe behavior per ad and non-municipal entities will and healthful working conditions for city (continued on next page) pay $75. employees. The Safety Manager is also While there is no deadline for posting responsible for monitoring compliance classifieds online, the print advertise- for the City of Burlington involving reg- ment deadline (below) applies to clas- ulatory (local, state, and federal) require- sifieds that run in the printed VLCT ments for the purpose of safeguarding News. Payment must be made by employees. The Safety Manager works in check to VLCT prior to the advertise- conjunction with and serves as a resource ment being posted. to those responsible for monitoring and Classifieds are generally limited to 200 ensuring the safety and maintenance of words in the newsletter, but they may city buildings and facilities and liability be 300 words in length when post- insurance administration. You can down- ed online. The online version can also load and read the full job description on include hyperlinks to images or oth- the City of Burlington’s career webpage, er websites. www.governmentjobs.com/careers/burl- Legal Services for ingtonvt/jobs/. Applications for this posi- Vermont Municipalities and For more information on placing clas- tion may only be made online at that link. sifieds, [email protected] g. (05-04) Non-Profit Organizations Public Works Director. The Town of Rock- Environmental, Land Use, Display Ads and Utility Law (Placed in the printed VLCT News) ingham is accepting applications for the full-time position of Public Works Direc- Federal and State The deadline for submitting display tor. This new position assists the Munic- Litigation and Appeals advertisements is the first Friday of the ipal Manager in carrying out the func- Bylaw Review and Drafting, month prior to the issue date. tional and operational responsibilities of including solar screening regulations Download a calendar of print the Town of Rockingham. Requirements: graduation from a college or university Annual flat rates available for deadlines and find informa- General Town Counsel Services tion on print ad requirements, siz- with major study in public works admin- es, and prices at www.vlct.org/ istration or civil engineering, or generally advertising-information. related engineering and/or public works Middlebury, Vermont administration; at least three years of pro- 802-989-6906 For answers to specific ques- gressively responsible experience in either [email protected] tions about print advertising, email [email protected]. June 2018 13 Classifieds Town Manager is responsible for devel- emphasis on economic development, tour- oping and managing the annual operating ism, beaches, harbor access, emergency (continued from previous page) and capital budgets (including three enter- management, land use, human resources, prise funds) of approximately $90 mil- and public works. Town residency pre- Town Manager. The Town of Westerly (pop. lion and providing oversight of and lead- ferred but not required. Starting salary, 22,787; 40,000 in summer) seeks a dedi- ership for 180 employees. Desired qual- $120,000-$135,000, based upon quali- cated, experienced, and creative leader to ifications: MPA, MBA, MSF or a closely fications and experience and includes an serve as its next Town Manager. Located in related field combined with at least five excellent benefits package. For additional the southwestern corner of Rhode Island, to seven years of increasingly responsi- information, visit http://www.mrigov. Westerly is a coastal community rich in ble experience. Knowledge of contempo- com/westerlyri. Submit cover letter and history, and the charming character of the rary practices in municipal administra- resume electronically as PDF file attach- town reflects its unique past and geogra- tion. At least three years of town/city man- ments to [email protected] by Fri- phy. From its historical downtown to its agement along with demonstrated experi- day, June 8, 2018. Westerly is an EOE/ back-country rural flavor, the ambiance ence in labor relations and budget devel- AA/Equal Access Employer. (05-03) and fabric of this small and prosperous opment. Credentialing by the Interna- community provide a quality of life associ- tional City/County Management Associ- Requests For Proposals ated with an earlier time. Home to some of ation as an ICMA Credentialed Manager Street Paving. Qualified paving contractors the most magnificent beaches on the East is preferred but not required. Proven inter- are invited to submit sealed bids for pav- Coast, Westerly enjoys a thriving tour- personal, written, and oral communica- ing in the Town of Johnson. Bidders must ism economy that serves to supplement tion skills, with a demonstrated ability to submit a price per ton, estimated tonnage a healthy and diverse mix of commercial collaborate and maintain positive working required, estimated project cost, and esti- and residential tax base. The Town Man- relationships with elected officials, depart- mated schedule of paving. The complete ager will be appointed by and be respon- ment heads, employees, and the public. RFP is posted at www.vlct.org/classified/ sible to the Town Council for the admin- Preference will be given to an experienced street-paving. To arrange a site visit (rec- istration and management of the Town town/city manager from a jurisdiction of ommended), please call Road Foreman as provided in the Town’s Charter. The comparable size and complexity with an Brian Krause at 635-2274. For more infor- mation email Brian Story at tojadminis- [email protected]. The dead- Financing the Capital line to submit a bid is Tuesday, June 12, 2018. (05-08) Needs of Vermont’s Town Road Paving. The Town of Lon- Municipalities Since donderry is seeking bids to pave several 1970 town roads plus the apron in front of the Londonderry Transfer Station. Work must be completed by August 31, 2018. The RFP can be downloaded from the Town’s Town of Norwich Net Zero Public Safety Building Capitalized with Green Bonds Issued by VMBB website, www.londonderryvt.org. Sealed bids are due by Friday, June 1, 2018. No The Vermont Municipal Bond Bank is a quasi-governmental agency with a bids may be submitted electronically. For more information, contact Londonderry mission to provide cost effective capital to municipalities. Town Administrator Robert Nied at 802- Please contact us to discuss your financing needs and learn more about our 824-3356 or townadmin@londonderryvt. winter and summer bond pools. org. (05-08) Banking Line of Credit. The Town of Nor- Check out our website to: ƒ Access debt service schedules for prior loans wich seeks to contract with a single bank- ƒ Request an amortization schedule ing institution to provide the Town a line ƒ Download a financing application of credit. The line of credit will be used to purchase products and services related to 20 Winooski Falls Way, Suite 301 road repairs as a result of a FEMA-declared Winooski, VT 05404 storm event of July 1, 2017. Town vot- ers approved the borrowing of up to $4 T: (802) 864-7377 million for road repairs in anticipation of E: [email protected] reimbursement from FEMA. The agree- ment will stipulate fees and costs associ- www.vmbb.org ated with the unused portion as well as the

14 VLCT News interest rate on the borrowed amount and

the repayment terms. The interest rate cal- culation methodology (fixed or variable) Vermont State Infrastructure Bank (SIB) Loan Fund shall be clearly identified and described Jointly operated by VEDA and VTrans, the Vermont State Infrastructure Bank (SIB) has low-interest as part of the terms of the agreement: loan funds available for transportation-related projects that enhance economic opportunity and help $4,000,000 Line of Credit; the Line of create jobs. Municipalities, RDCs, and certain private sector companies may qualify for financing to:

Credit will be available for borrowing, re- • Construct or reconstruct roads, bridges, sidewalks and bike paths; paying, or re-borrowing until the maturity • Make safety improvements such as highway signing and pavement marking; • Make operational improvements such as traffic control and signal systems; date; the term of the Line of Credit would • Construct rail freight and intermodal facilities, and public transit facilities; and be one year. Contact Roberta Robinson at • In certain cases, electric vehicle charging stations and natural gas refueling stations that are available for [email protected] for more infor- public use. mation. Submit two copies of the pro-

posal in a sealed envelope marked RFP for Line of Credit by Friday, June 1, 2018, to Herb Durfee, Town Manager, Town www.veda.org of Norwich, PO Box 376, Norwich, VT www.veda.org 802-828-JOBS 05055. The Town of Norwich reserves the right to accept or reject any or all propos- 802-828-JOBS als. (05-08)

A Great Golfing Deal Returns Golfers young and old, good and not-so-good, mark your calendars now for Wednesday, August 22, and join VLCT at the Green Mountain National Golf Course in Killington. This is your annual opportunity to get outdoors and enjoy Vermont’s municipally-owned 18-hole golf course with other local officials. The affordable four-person scramble includes shared cart, morning snack, lunch, awards, and prizes. Sponsorships are available immediately; players should register by Thursday, August 2. For information or to register, contact Pam Fecteau at 800-649-7915 or [email protected].

June 2018 15 PRSRT STD U.S. Postage PAID Montpelier, VT Permit No. 358

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

Upcoming Events Check out all of the upcoming MAC workshops online at www.vlct.org/training-events

HR/Employment Law with Tuesday, June 5 GOLF VLCT Capitol Plaza and Conference Center, Montpelier Wed, Aug 22 Killington Economic Development Symposium Thursday, June 14 – $50/municipal player Killington Grand Resort Hotel, Killington – $65 all others – vlct.org/training-events Delinquent Tax Collectors – s? Pam Fecteau Wednesday, July 11 Q [email protected] Capitol Plaza and Conference Center, Montpelier 800-649-7915

Additional Upcoming Training Visit our website, https://www.vlct.org/training-events, for the most up to date training calendar.

16 VLCT News