| | MINUTES COLCHESTER SELECTBOARD Colchester Town Offices 781 Blakely Road, COLCHESTER, VT Outer Bay Conference Room, 3rd Floor __________________ |
1. Call Meeting to Order / Roll Call
Chair Nadine Scibek called the meeting to order at 6:25 PM.
Selectboard: Nadine Scibek, Chair; Tom Mulcahy; Herbert Downing. Absent: Jeffery D. Bartley; Jacki Murphy.
Staff: Dawn H. Francis, Town Manager; Robert Vickery, Assessor; Lt. Doug Allen; Glen Cuttitta, Director of Parks and Recreation; Bryan Osborne, Director of Public Works
Others in Attendance: Gladys Coates Hart, Helen Coates Bailey, Pam Loranger, C. Bailey, Bill Glinka, David Usher, Michaela Halnon, Wendy Simpers, David Cohen, Dianna Fredericks, Adam Holmes, Bud Meyers, Jim Ricker
2. Possible Executive Session – Personnel
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to enter executive session for the purpose of personnel evaluation for appointment or employment as authorized under the provisions of Title 1, Section 313 (a)(3) of the Vermont Statutes, Executive Sessions.
The MOTION carried 3-0.
At 6:40 PM MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to exit executive session.
The MOTION carried 3-0.
3. Reconvene Meeting / Pledge of Allegiance (6:30 PM)
The meeting was reconvened by Chair Scibek and the Pledge of Allegiance was recited.
4. Citizens to be Heard
5. Public Hearing (6:35 PM) – Lt. Allen
a. Revision to Colchester Code of Ordinances, Chapter 6: Ordinance Regulating Dogs and Wolf- Hybrids
Lt. Allen presented the Revision to the Colchester Code of Ordinances, Chapter 6: Ordinance Regulating Dogs and Wolf-Hybrids.
Jim Ricker lives next to Sleepy Dog Kennel and is concerned that the Chapter 6 (Dogs and Wolf Hybrids) revision excludes businesses, particularly expansion of kennels and associated noise of dogs barking. He has tried to work with Sleepy Dog to get them to limit the number of dogs they have on the premises, which is now at 55. Herbert Downing said it should be handled as a land use issue or would require a private nuisance lawsuit. Tom Mulcahy asked what is a reasonable amount of barking?
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to close the Public Hearing.
The MOTION carried 3-0.
6. Consent Agenda – Action (6:50 PM)
a. Minutes of Selectboard Meeting of July 11, 2017
b. Minutes of Selectboard Special Meeting of July 17, 2017
c. Resolution Reaffirming the Town’s Participation in the Lake Champlain Byway (Read by Herb Downing)
d. Reappointment of Colchester Representative to Winooski Valley Park District
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to approve the consent agenda as it may have been modified by the Selectboard and to take the actions indicated for each item:
a. Approval of Minutes of Selectboard meeting of July 11, 2017
b. Approval of Minutes of Selectboard meeting of July 17, 2017
c. Adoption of Resolution Reaffirming the Town’s Participation in the Lake Champlain Byway
d. Reappointment of Susan Gilfillan as Colchester Representative to the Winooski Valley Park District.
The MOTION carried 3-0.
7. Special Business Items (6:55 PM)
a. Action: Errors and Omissions – R. Vickery
Robert Vickery, Assessor presented the Error and Omissions to the 2017 Grand List.
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to approve the errors and omissions to the 2017 Grand List as recommended in a memo dated August 8, 2017 from Robert Vickery, Assessor.
The MOTION carried 3-0.
b. Action: Adoption of Chapter 6: Ordinance Regulating Dogs and Wolf-Hybrids
Herbert Downing read the Certificate of Amendment for the adoption of the revision to the Colchester Ordinances, Chapter 6. Ordinance Regulating Dogs and Wolf-Hybrids.
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to adopt the revision of Chapter 6: Ordinance Regulating Dogs and Wolf Hybrids of the Colchester Code of Ordinances, per the attached Certificate of Amendment:
We, the Colchester Selectboard hereby certify that pursuant to Section 103 through 109 of the Town of Colchester Charter, Section 1-4 of the Colchester Code of Ordinances and Chapter 13, Section 1008 (a) of Title 23, Vermont Statutes Annotated, have held a public hearing, and the Selectboard of the Town of Colchester, Vermont now hereby ordain that the Colchester Code of Ordinances is hereby amended as follows:
The revision of Chapter 6: Ordinance Regulating Dogs and Wolf Hybrids [previously entitled “Animals”] so as to regulate the keeping of dogs and wolf hybrids and to provide for their leashing, muzzling, restraint, impoundment, and their running at large, so as to protect the public health and safety of the Town and the quiet enjoyment of its residents’ homes an properties.
The MOTION carried 3-0.
c. Action: Renewal of CUSI Intergovernmental Agreement
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to authorize Dawn H. Francis, Town Manager, to enter into an Intergovernmental Agreement with the Chittenden Unit for Special Investigations (CUSI) for a term of three years and to provide to CUSI personnel support of one officer for the full term, for the purpose of coordinating Colchester police services to perform police duties outside of the territorial limits of the Town of Colchester where the officer is legally employed, per a memo from Dawn H. Francis dated August 8, 2017.
The MOTION carried 3-0.
8. Monthly Report – Town Manager
a. Manager’s Report for July 2017
Dawn H. Francis, Town Manager, reported on the month of July 2017.
9. Temporary Adjournment to Meeting of Liquor Control Commission - (7:15 PM)
See separate agenda and packet
a. First Class Liquor License for Chef Werks LLC d.b.a. The Roving Feast
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to temporarily adjourn the meeting of the Selectboard and convene a meeting of the Colchester Liquor Control Commission.
The MOTION carried 3-0.
See separate minutes.
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to adjourn the meeting of the Colchester Liquor Control Commission and reconvene the meeting of the Colchester Selectboard.
The MOTION carried 3-0.
10. New Business
a. Bayside Park Master Plan Guidance Discussion – Glen Cuttitta, Parks and Recreation Director
Glen Cuttitta presented his memo regarding the viability of the passageway/tunnel in the proposed conceptual master plan to connect upper Bayside to Lower Bayside Park. Staff has decided to move forward with planning the intersection and sewer/stormwater improvements with the understanding that the tunnel would not be built for at least 10-15 years. Cost of the tunnel is prohibitive and grant funding for the tunnel is not likely to be obtained as part of the intersection construction. Mr. Cuttitta is concerned that a park is being designed around a tunnel that may never be built.
Herbert Downing opined that the tunnel is a linchpin of the project per the designer and thinks that it is the first priority because it is important for access. Tom Mulcahy believes the tunnel is key but we should design and advance projects around it. Nadine Scibek wants to ensure we not lose sight of the tunnel as we look to the future. Since two board members were missing, the board would like to revisit this issue at a future meeting.
b. Private Roads Winter Maintenance Policy Discussion
The question has been raised about the equity of plowing some, but not all, private roads in Town. Ms. Scibek asked if it is fair to plow some roads, but not all of them. What is the right thing to do? The history of private road plowing and votes on the subject were presented.
David Cohen commented that the issue is about equity and parity…either plow all the private roads or plow none.
Bud Meyers thanked Bryan Osborne and Dawn Francis for framing the issue.
David Usher opined that the letter to the property owners should indicate the Selectboard’s goal to establish a policy to resolve the issue.
Adam Holmes owns Hidden Oaks Landscaping Co. and stated it would benefit the economy of the Town if private roads are maintained by private contractors rather than the town.
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to release for public review a Memorandum marked “Attorney-Client Privileged” from Brian P. Monaghan, Esq. dated July 27, 2017 regarding the Town Maintenance of Private Roads.
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to:
1) Release for public review a Memorandum marked “Attorney-Client Privileged” from Brian P. Monaghan, Esq. dated July 27, 2017 regarding the Town Maintenance of Private Roads.
2) Warn a public hearing on September 12, 2017 at 6:30 PM in the Outer Bay Meeting Room to obtain public input on the current practice of providing winter maintenance on an estimated 14 miles of the town’s 41 miles of private roads.
3) Send a letter to property owners residing on private roads informing them of this meeting and opportunity to provide public input.
4) Direct staff to provide summary of issues for distribution to the press, social media, and Town website.
The MOTION carried 3-0.
c. ACTION: Proposed Settlement with Brickyard Partnership at 720 Brickyard Road
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to ratify the settlement agreement between the Town of Colchester and Brickyard Limited Partnership per a memo from Sarah Hadd, dated June 30, 2017.
The MOTION carried 3-0.
11. Old Business
a. Presentation on Solar Energy Equipment Generation Proposal – A. Frank & Chris Lamonia of AEGIS
This item was tabled.
12. Additional Business – Manager’s Recommendations
The Economic Development Director is scheduling a meeting and business tour with the Agency of Commerce and Community Development Secretary, Mike Shirling and Joan Goldstein, Economic Development Commissioner in October to which the Board and businesses would be invited.
13. Informational Items
a. For the week ending August 4, 2017
14. Future Agenda Items
August 22, 2017
· Recreation Impact Fee Proposal – Glen Cuttitta and Sarah Hadd
· Airport (BTV) Resolution – Kevin Dorn
· FY 19 Budget Guidance from Selectboard
· Regional Public Safety Dispatch Update and Preliminary Review of Charter/Agreement
· Severance Corners Access
· FY18 Budget Amendment/Transfer to Accommodate Stormwater Utility
· Census Follow Up
· Bayside Park Master Plan Guidance
September 12, 2017
· Public Hearing on Private Roads
· Town Charter Amendment re. Town Clerk
15. Announcements
The retirement of Cpl. Jeff Fontaine after 37 years of employment with the Colchester Police Department was announced. Selectboard expressed their appreciation for his dedication and service to the community.
16. Warrants
a. Warrant #17-40
b. Warrant #18-04
c. Warrant #18-05
MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to approve the following warrants:
a. Warrant # 17-40 in the amount of $112,580.03
b. Warrant #18-04 in the amount of $708,437.08
c. Warrant #18-05 in the amount of $435,551.82
The MOTION carried 3-0.
17. Adjournment
At 8:42 PM MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to adjourn the meeting.
The MOTION carried 3-0.
The meeting was adjourned at 8:42 PM.
Minutes respectfully submitted by Linda Gustainis, recording secretary.