By STEVEN JUPITER
BRANDON—The Trustees of Public Funds (TPF) convened for a scheduled meeting on Thursday, May 15 at the Brandon Town Hall.
Though less overtly contentious than TPF’s meeting on May 1, the May 15 meeting further underscored the divide between TPF’s own understanding of its authority and the belief of the Brandon town management and a group of other residents that the Trustees have veered away from their legal obligations under the terms of the trust that they supervise.
The meeting was conducted by Laura Miner and Courtney Satz, the two remaining Trustees. The third Trustee, Tanner Romano, resigned on May 8.
Mr. Romano had been the target of harsh criticism from a group of Brandon residents because of his personal involvement in a project to which TPF had pledged $20,000 (only $10,000 was actually disbursed) in 2023.
Mr. Romano and Ms. Miner had also been the subjects of an ethics complaint filed by Brandon resident Brent Buehler alleging that they had misused their positions on TPF to direct money to that project. The Brandon Selectboard had investigated the claim and released a report on Tuesday, May 14, in which they found that a reasonable person could perceive a personal conflict of interest between Mr. Romano’s involvement in the project and his position on TPF. The report did not find any conflict regarding Ms. Miner. The full report is available on the town website under “News & Notices.”
The May 15 meeting began with a statement read by Ms. Miner in which she said the Trustees were prepared to engage in constructive dialog but that the meeting was not a platform for “slander or personal attacks.” Attendees at the May 1 meeting had demanded the resignations of all the Trustees and stated that TPF had engaged in “malfeasance,” among other criticisms.
Ms. Satz read a summary of TPF that was meant to “educate the community” about their activities. The full summary can be found under the Trustees of Public Funds in the Town Committees section of the town website. The summary gives the history of the trust from its creation after the death of Shirley Farr to its present configuration.
The Trustees then responded to a list of 10 questions that they had been asked on May 1 but did not have a chance to answer at that meeting.
- Where can information on TPF be found? Answer: On the town website and TPF’s Facebook page.
- How was the award to OVAA valid under the terms of the trust? Answer: The Trustees were acting in alignment with the same practices they’d used since the trust was first established. Shirley Farr’s will allows grants for the general improvement of the town in ways not sufficiently provided for by taxation.
- Why was the award to OVAA “done secretly?” Answer: The award to OVAA was discussed at a public meeting on March 3, 2023.
- Can copies of the feasibility study (for the OVAA project) be provided? Answer: OVAA provided invoices in the fall of 2023 for architectural services. $10,000 of the $20,000 pledge was disbursed at that time.
- Please clarify the amount granted to OVAA. Answer: A $20,000 pledge, of which $10,000 was actually disbursed.
- Why have funds not been awarded to sewer-related projects? Answer: Until April 14 of this year, TPF had not received any requests for such funds.
- How will monies that were given for projects unrelated to sewage and sanitation be repaid to TPF? Answer: TPF will not seek repayment of those awards.
- Should TPF’s procedures be reviewed by the Attorney General or an attorney that specializes in trusts? Answer: TPF will not seek any additional review, as they believe their process is in line with the trust.
- Why aren’t TPF meetings more accessible? Answer: The Trustees have heard the feedback and will accordingly schedule meetings at times and in locations more in line with residents’ availability.
- How does TPF justify giving awards to non-sewage/sanitation-related projects? Answer: The will gives TPF the authority to fund projects for the general improvement of the town.
The Trustees then addressed Mr. Romano’s resignation, asking that the town include the Trustees in the selection of Mr. Romano’s replacement. Brandon Town Manager Seth Hopkins was in attendance and replied that state law grants sole authority to the Selectboard in this matter. He cited a state statute, which he later emailed to the Trustees and to The Reporter.
Ms. Satz asked whether the Trustees will be allowed any input at all, to which Mr. Hopkins said it would not be appropriate to consult the Trustees in the selection.
Mr. Hopkins had also told the Trustees on May 1 that the town interpreted Ms. Farr’s will to prioritize sewer and sanitation above all other potential uses of the trust and that all requests for funds must come from the municipality. TPF had previously given awards to non-municipal entities, including recent grants to The Reporter, the Brandon Museum, the Brandon Free Public Library, and the Forest Dale Cemetery, among others.
On May 15, Ms. Satz and Ms. Miner rejected Mr. Hopkins’ reading of the will, noting that their awards had been in line with the criteria that TPF had used for the previous 65 years. Ms. Satz said that Mr. Hopkins’ reading of the will would effectively “dissolve the trust.”
Mr. Hopkins continued to argue that the will mandated that all proceeds of the trust be given first to fund town sewer and sanitation needs. He continued to say that TPF could fund other projects only if money remained after satisfying the town’s requests for those prioritized purposes.
The Trustees then evaluated two pending requests that had been tabled on May 1 because of the tensions at that meeting.
The first pending request was from the Town of Brandon for $20,000 for two vacuum samplers that would be used to test water quality at the town’s wastewater treatment plant. Mr. Hopkins explained that the samplers were needed to avoid the hazards of hand-sampling potentially contaminated water. He also said this request should take priority over any others, as it was related directly to sewage and sanitation.
The Trustees pledged to award $20,000 for the samplers in the fiscal year beginning on July 1, as they had already reached their maximum for the current year.
The second pending request was from the Brandon United Methodist Church for $10,750 for repairs to its bell tower. The church was seeking funds toward its 50% match for a $28K grant. The Methodist Church occupies a 19th-century building in downtown Brandon.
Some attendees expressed concern that a grant from TPF to a church would violate the separation of church and state. Vicki Disorda, pastor at the Methodist Church, was in attendance and argued that the Methodist Church serves the community in multiple non-religious ways.
Despite continued opposition from some attendees, the Trustees voted to award $5,000 to the Methodist Church. Ms. Satz said that the award was to preserve an historic building. Ms. Miner explained that because of the $20K it had pledged for the vacuum samplers, it could not give more than $5K to the project.
The remainder of the meeting was given to public comment, most of which focused on increased public scrutiny of TPF’s activities and increased transparency in TPF’s processes.
An attendee suggested creating a submission period for grant applications rather than accepting them on a rolling basis, as is their practice now. The Trustees agreed that it was a reasonable request.
Another attendee suggested that TPF require applicants to demonstrate that they have already sought funding elsewhere and are not relying entirely on the trust.
The Trustees thanked those in attendance for their feedback and reiterated their belief that their practices were in line with the previous 65 years of TPF activities.
Because the Trustees have traditionally met only when there are grant applications to review, they adjourned without scheduling their next meeting.
