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Tuesday, July 7, 1998Approved, July 28
PRESENT:
- John Cushing - Town Clerk, Milton
- John Howland - Deputy Secretary of State
- Jim Knapp - Vermont Bar Association
- Patty McCoy - Town Clerk, Poultney
- Mardee Sanchez - Zoning Administrator, Randolph
- Gregory Sanford - State Archivist
- Joe Jaminet - Public Records Division
- Patty Smith - Town Clerk, Sudbury
John Howland, as designee of Secretary of State Jim Milne, convened the meeting at 9:40 a.m. at the conference room in the Salisbury Town Office Building.
John Cushing was selected chair; Gregory Sanford was appointed secretary.
After general discussion of the origins and intent of Act 125, the committee agreed to study:
1. Current environment of land records in municipal clerks' offices. This is to create baseline information in response to the charge in Sec. 7(b) of Act 125 that the committee "study the feasibility, cost, obstacles, and ways in which to computerize Vermont's land records in the towns so that Vermont land titles may be more easily, more reliably, and less expensively searched."
2. The creation of form deeds and mortgages to identify encumbrances on title such as easements, reservations, and options. The committee realizes that any such changes would require a re-write of current property laws, possible fee changes and other legislative action that may take years to implement.
3. The need for authorized electronic signatures. The committee felt that the issue of electronic signatures is beyond the scope of the committee and would require a general statute, not specific to land records. The committee recognizes that electronic signature legislation will be important down the road and will look at trends in electronic filings of land records to determine future needs.
4. Mechanisms for financing a town computerized land records system. This will be included in each area of study and will include models from other states and how they might be applied to Vermont.
The committee discussed to what degree it should incorporate Internet connectivity in its study. Rep. Smith reported that specific references to Internet connectivity had been dropped from the legislation. The committee decided to recognize the importance of Internet connectivity, but not to address it as a primary study area since it was outside its legislative mandate.
To accomplish the above steps:
--John Cushing, Patty McCoy and Mardee Sanchez will survey municipal clerks on current land records practices, including whether current fees accurately reflect the cost of storing and indexing records; reliability of current system; current indexing practices; etc
--John Howland and Jim Knapp will examine trends in electronic indexing and filing of land records with a focus on form deeds and mortgages and electronic signatures.
--Gregory Sanford and Joe Jaminet will identify land record practices in other states, with emphasis on New England.
In conducting its research the committee will review existing surveys, potential models from other states, counties, and municipalities, and business and professional associations. Such reviews will list pro's and con's of models in context of Vermont laws, practices, and realities.
John Howland offered the use of Secretary of State's website to provide links to sites that committee research teams feel are useful to its deliberations and a site where citizens can offer comments on the different study areas The committee agreed, with the understanding that individual committee members should not respond to citizen input on the bulletin board to avoid the appearance of speaking for the committee on issues the committee has not yet addressed.
The committee then discussed the need for guidelines and recommended standards and practices for clerks to encourage consistent approaches to managing land records. The committee strongly believed that top-down mandates should be avoided.
John Cushing recommended that meetings be held to two hours and that the next meeting focus on models from other state, with an emphasis on other New England models.
The next meeting will be July 28th at the Salisbury Town Clerk's Office. The committee thanked Town Clerk Joyce Cameron for the use of the meeting room.
Meeting adjourned at 11:40.