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Orwell Select Board adopts website-posting policy, finds no Open Meeting Law violation in ATV ordinance process
Summary
At a Dec. 19 special meeting the Orwell Select Board acknowledged two complaints that a Dec. 8 agenda was not posted online, unanimously adopted a policy training three staff/officials to upload agendas, ratified Dec. 8 actions, and voted that the ATV-ordinance process did not involve unwarned meetings.
The Orwell Select Board on Dec. 19 acknowledged two Open Meeting Law complaints about a missed agenda posting, adopted a new website-upload policy and unanimously found no Open Meeting Law violation in the town's ATV ordinance process.
Andrea Treadway, Select Board chair, opened the 9:02 a.m. special meeting at the Town Office to consider complaints filed by Julia Beamish and James C. Robinson alleging that the agenda for the board's Dec. 8 meeting "was not posted on the Town website before the meeting," a requirement the complaints cite in Vermont's Open Meeting Law (1 V.S.A. § 312(d)).
The board acknowledged the oversight and moved to a remedial measure. Les Wood, vice chair, moved "to adopt a policy of having three Town staff or officials trained to upload agenda to the website to prevent this problem in the future," a motion seconded by Mike Christian and approved 5-0. The board discussed double-checking the website to ensure agendas appear as required.
The board then considered a second motion to ratify all actions taken at its Dec. 8 regular meeting despite the missed posting. That motion, made by Treadway and seconded by Joe Pouliot, also passed 5-0, allowing the board to preserve the substantive actions taken on Dec. 8 without repeating the meeting.
The third allegation related to the process used to develop a proposed ATV ordinance. Andrea Treadway read a complaint by Julia Beamish asserting that ordinance development took place outside public meeting requirements and asked for remedies including reconstituting the working committee. Mike Christian moved that the Select Board find "there were no unwarned Committee or Select Board meetings about the ATV Ordinance between June 23ʳᵈ and December 8th," noting that correspondence about the ordinance during that period was with the town attorney and is confidential under attorney–client privilege. Joe Pouliot seconded; the motion passed 5-0, and the board denied the allegation of an Open Meeting Law violation with respect to that claim.
Under "Any Other Business," Treadway and Pouliot reported they met with Shelly Pottorf of Architend and Jason McNolty of All Points Construction and Restoration and distributed a schedule of work for the Town Office, Town Garage and Firehouse; the schedule will be discussed at the board's next meeting on Monday night. The special meeting adjourned at 9:14 a.m. The board said it will approve minutes for the Dec. 8 and Dec. 19 meetings at its Dec. 22 meeting.
Authorities cited in materials the board reviewed include the Vermont Open Meeting Law, 1 V.S.A. § 312(d).
