| | 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 6:36 PM.
Selectboard: Nadine Scibek, Chair; Tom Mulcahy, Jeffrey Bartley, Herbert Downing, Jacki Murphy
Staff: Aaron Frank, Deputy Town Manager/CFO; Kathi Walker O’Reilly, Director of Economic Development; Sergeant Jeffrey Fontaine
Others in Attendance: Thomas Chittenden, Elizabeth Murray, Kevin Dorn, Town Manager, So. Burlington; J. Jeffrey Munger, Burlington Airport Commission Chair; Shelby Losier, City of Burlington, Gene Richards, City of Burlington Avaition Director; Alan and Jennifer Buchanan, Representative Maureen Dakin; Moe Germain, Chris Lamonse
2. Possible Executive Session - None
3. Pledge of Allegiance (6:37 PM)
The Pledge of Allegiance was recited.
4. Citizens to be Heard
Alan Buchanan shared with the Selectboard that he is disappointed in the Town’s road maintenance. He is not happy with the lack of ditching and the lack of maintenance of the roads around Malletts Bay. He is upset with the patching job on Prim Road and said the roller used was too small. He also said that the East Lakeshore sump pump is pumping water onto the road and that ditching would be better. Mr. Frank told him that he would have Bryan Osborne, Director of Public Works, call him and discuss his complaints.
Representative Dakin, who is also the Secretary of her condo association, noted that on the list of private roads that was sent out recently, her street (Woodlins Circle) had been listed as receiving winter maintenance. This is an error-the condo association pays for their own maintenance. Mr. Frank promised that the list would be corrected.
5. Consent Agenda –
(ACTION: A motion to approve the Consent Agenda means all items below are approved in one motion)
a. Minutes of Selectboard Meeting of August 8, 2017
b. Appointment for Census Preparation
c. Adopt Resolution of Appreciation for Jeffrey Fontaine
MOTION was made by Jeffrey Bartley and SECONDED by Tom Mulcahy to adopt the Consent Agenda as it may have been modified by the Selectboard and to take the actions indicated for each item:
a. Approve the minutes of the Selectboard meeting of August 8, 2017.
b. Appoint Pam Brangan, Data Center Manger, of the Chittenden County Regional Planning Commission as the Liaison to the U.S. Department of Commerce, Economics and Statistics Administration of the U.S. Census Addresses Operation (LUCA) per a recommendation by SaraHadd, Director of Planning and Zoning and a memo dated August 8, 2017 from Dawn H. Francis, Town Manager.
c. Adopt the Resolution of Appreciation for Jeffrey Fontaine on the Occasion of His Retirement.
The MOTION carried 5-0.
Jeff Bartley then read aloud the Resolution of Appreciation for Sgt. Jeffrey Fontaine who has retired after 37 years with the Colchester Police Department. The Resolution was presented to Sgt. Fontaine, who was in attendance. Chair Scibek offered thanks to Sgt. Fontaine for his service on behalf of the community and the Selectboard.
6. Special Business Items (6:51 PM)
a. PRESENTATION: Burlington Airport Resolution – Kevin Dorn, So. Burlington City Manager
Kevin Dorn, So. Burlington City Manager and Tom Chittenden, South Burlington City Counselor, came to present on a request to the Mayor of Burlington for a study for regionalized governance of Burlington International Airport (BTV) governance. Mr. Dorn said that two weeks ago the So. Burlington City Council passed a Resolution asking for that study and the So. Burlington School Board and the City of Winooski passed similar resolutions, as well. It seeks to open a dialog about a new governance model that they feel reflects the regional and even state-wide impacts of the airport.
Mr. Dorn said the airport is owned by the City of Burlington, but located completely in So. Burlington. No other cities, towns, or even the state, have any say in its governance. The airport is managed solely by the Director of Aviation and the Mayor of Burlington. Mr. Dorn mentioned the Airport Commission has 5 members, 4 from Burlington and 1 from So. Burlington. They have an advisory capacity only and make no decisions on airport management.
Mr. Dorn feels it is time for a governance change due to the massive economic impact the airport has on his city and others. South Burlington residents near the airport are strongly impacted by it. Mr. Dorn is asking the Town of Colchester to join other communities and sign the Resolution to form Regional Governance over the airport.
Mr. Chittenden presented a PowerPoint on the issue. He said that over the years there have been many lawsuits and conflicts regarding the airport, which are counterproductive and holding back progress that would create economic prosperity. There have been private lawsuits and conflict over many issues connected to the airport, such as dog parks, affordable housing, and demolition of housing. So. Burlington has lost 200 units of affordable single family housing to proposed airport expansion. The homes are irreplaceable because you can’t rebuild them at the original cost of construction.
Colchester’s Selectboard members asked Mr. Dorn and Mr. Chittenden questions including: current litigation; authority for and implementation of regional governance; property taxation of the airport by South Burlington; revenue neutrality of the airport to Burlington’s overall finances; the degree to which regional governance would resolve current problems; what would happen if Burlington was not open to requests by other municipalities to regionalize; whether the air guard was consulted; expectations of Colchester if it signs the resolution; increased economic development opportunities with regional governance; Regional Planning Commission involvement; airport ownership under regional governance; bonding authority and bond responsibility under regional governance; municipal airport ownership; and the primary reasons for exploring regionalism.
Mr. Dorn and Mr. Chittenden replied that there was no current litigation; that the authority for implementation of regional governance would be at Burlington’s will but that more input could be more influential and that state legislation could be an option; that it would require further study; that Burlington did pay South Burlington property taxes; that the airport was self-supporting; that problems that are not being resolved now could be if they were prioritized by a regional body and financially resourced; that South Burlington resident’s opinions are advisory only; that regional governance could isolate the airport from future Burlington Mayor’s and provide more stability; that the regional governance was a recommendation of Burlington’s own committee.
Mr. Dorn noted that the airport is not something that the residents of Burlington think about, but that residents of So. Burlington, Winooski, and Williston think about it all the time; that the inside of the airport is run very well, but when it comes to all of the external issues and conflict they are not handling it well at all. South Burlington had asked, for instance, while construction was being done that the excavated soil be used to build up a berm as a sound-barrier along the fence. There were contentious emails back and forth about it and the berm was never built.
Mr. Dorn pointed out that South Burlington and Burlington cooperate on many things, including the development of regional dispatch and emergency response, but the airport has been the source of much conflict.
Mr. Chittenden said they want participation in the study, particularly around the Fort area that is affected by the airport, and others that are under the flight path. He also pointed out that Hazelett employees fly frequently worldwide and the airport is important to a stable economy. Mr. Chittenden responded that he had talked with Charlie Baker at CCRPC who had made suggestions about engagement but did not provide an opinion on the resolution. Mr. Chittenden said he knew of two airports owned by municipalities with O’Hare Airport being one with representation of communities around it.
Mr. Chittenden said the regional governance question has to do with past, present, and future. He said the relationship with Burlington has been rocky for a long time. He feels the present governance model has pushed away input from the affected communities. He also said there is competition from Plattsburgh and our population is aging. Regional governance could also bring economies of scale and efficiencies and achieve prosperity. Mr. Chittenden said the enterprise itself would pay for the bonds and if the state continued to own it the tax payments and PILOT would continue as the enterprise does it now.
Ms. Scibek thanked Mr. Dorn and Mr. Chittenden for their presentation and invited Gene Richards, BTV Aviation Director and Jeff Munger, Airport Commission Chair for 8 years, to speak.
Mr. Munger said he wanted to give the Commission’s perspective. The FAA controls everything at the airport and they have to get their blessing on all decisions. He gave kudos to Mr. Richards’ abilities and said they have made millions of dollars of improvements to the infrastructure of the airport. He pointed out that the FAA runs home buyout program, not the City of Burlington. He said they need to finish the home buyout program before they offer the home and school insulation and window program for noise abatement. He opined that the airport management is good and the bond rating has improved. He added that the South Burlington Airport Commission member does bring South Burlington’s concerns to the Commission.
Mr. Richards asked that Selectboard members visit the airport and get a better understanding of how the airport runs. He denied that the Burlington mayor has not responded to South Burlington’s concerns. He said that our local population is very small and that 47% of their business comes from Southern Vermont, Canada, and New York.
Mr. Richard pointed out that the dog park was okayed by the FAA for only 5 years. He said that the relationship is broken, but it is not all Burlington’s fault. He opined that you can’t say you are pro-military and for the F35s and be against the noise they make. He said that Burlington has tried to be a good neighbor.
Colchester’s Selectboard members asked Mr. Munger and Mr. Richards questions including: why Burlington wanted to run the airport themselves; if there was any sense that the Burlington City Council or Burlington voters feel it makes sense to regionalize governance of the airport; whether the airport was indeed revenue neutral, no more or less to the City; whether the airport was not politicized as a result of reporting to an elected official; whether the airport would suffer if a mayor was not interested in aviation; whether the Airport Commission was able to give direction to Federal Aviation decisions; whether the mayor thinks that a study on regional governance of the airport is needed or not.
Mr. Richards explained that he thought the City had run the airport really well for 100 years. He said the Burlington Public Works started with a corn field in 1920 and they tilled it and that they created the airport. Burlington residents have invested in it over the years and own it, and to change the ownership, a citizen vote would be needed as it is a $200,000,000 asset.
Mr. Richards responded that he didn’t believe Burlington’s City Council or voters were interested in regionalization of the airport at this time. He also explained that the Committee did not make a recommendation to regionalize. He said they looked at many options, including privatization and decided on what they had. Mr. Chittenden added that the Selectboard should talk directly to the committee members for their opinions.
Mr. Richards confirmed that the airport was revenue neutral. He said that Mayor Miro Weinberger has done an excellent job of running the airport like a business. He opined that the airport should not be used as a political toy. He considers it a fragile business that should not be tinkered with.
Mr. Richard gave the example of checks and balances. He said that when Mayor Kiss tried to hire a director the Airport Commission didn’t hire him. He said when issues arise they come up with a good answer.
Mr. Richard said he could not speak for the Mayor with regard to a study of regional airport governance but that he thinks the mayor wants the truth to be told. Mr. Richard said he thought that South Burlington’s side of the story is not truthful. He believes the mayor is very open minded and would be willing to have a discussion about the issue. Mr. Richard said that the Selectboard’s response should be based on proof and facts, not emotions or thoughts. Mr. Richard said that every governance model could have problems and even members of a regional authority could have difference of opinion. He felt a regional authority would not make problems go away. He felt problems were caused when So. Burlington built neighborhoods right up to the airport’s fence and that was why they had to buy the homes. Mr. Richard said that the sound assessments they wanted were at the discretion of the FAA and that Burlington wrote a letter to the FAA making the request and it was the FAA that hadn’t given an answer. He said that if a regional authority had made the request it wouldn’t have made the FAA do what they didn’t want to do.
Chair Scibek thanked everyone for their input.
b. ACTION: Letter Requesting Speed Limit Reduction for Severance Corners Access – K. O’Reilly
Ms. O’Reilly presented a letter to be signed by the Selectboard Chair requesting that VTRANs reduce the speed limit on Roosevelt Highway near the turn into Severance Corners. It has been more than ten years since the last study and there has been a lot of development there since it was done. Mr. Mulcahy said he’d like to see 35 mph in that area. It is presently 50 mph.
MOTION was made by Jeffrey Bartley and SECONDED by Tom Mulcahy to sign and send the attached letter dated August 22 2017 to VTRANS formally requesting the speed limit reduction on Route 7 in the Severance Corners area per a memo dated August 14, 2017 from Kathi Walker O’Reilly, Director of Economic Development.
The MOTION carried 5-0.
c. ACTION: Appointment of Voting Delegate for VLCT 2017 Annual Business Meeting
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to select Dawn Francis, Town Manager, as the voting delegate to represent the Town of Colchester Selectboard at the Vermont League of Cities and Towns’ 2017 Annual Business Meeting to be held October 4 and 5 in Killington, Vermont, per the Delegate Registration Form and a memo dated August 22, 2017 from Dawn H. Francis, Town Manager.
The MOTION carried 5-0.
7. New Business (7:45 PM)
a. Selectboard FY 2019 Budget Guidance
Aaron Frank gave a run-down on the FY 2019 preliminary budget considerations and requested the Selectboard’s guidance. Mr. Frank said that the Selectboard has external pressures and prior commitments in public safety that will require increases. Tom Mulcahy requested information about the last five years’ increases and Mr. Frank said he would get that for him. Mr. Mulcahy said he thinks we’ve been successful holding the line on increases.
b. ACTION: FY 2018 Budget Amendment / Transfer to Accommodate Stormwater Utility
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve a FY 2018 budget transfer to implement changes to the budget necessary to implement the Stormwater Utility as authorized in an updated Stormwater Ordinance approved by the Selectboard on April 25, 2017 and in the Stormwater Utility Enterprise Budget as approved by the Board of Sewer Commissioners on May 23, 2017 per a memo dated August 15, 2017 from Aaron Frank, Deputy Town Manager / CFO.
The MOTION carried 5-0.
8. Old Business (8:15 PM)
a. Presentation on Solar Energy Equipment Generation Proposal - A. Frank and Chris Lamonia of AEGIS (Tabled from meeting of 8/8/17)
Mr. Frank introduced Chris Lamonia of AEGIS and stated that he had been working with Chris Lamonia of Aegis Renewables on this particular project since January 2017 and that it was not merely a proposal from a private party, but one that he had crafted in partnership with Aegis, in concert with Town staff and the Town Attorney. He then gave a brief history of how and when the Town became interested in a possible solar project:
In May 2014, the Town Energy Committee suggested that the Town enter into a long term power purchase agreement with a solar energy producer. At that time agreements were being offered for about 20 years with a 5% discount on electric rates. Staff was working on other priorities so the request was not pursued.
In fall 2015 the Town conducted due diligence with a number of solar developers including, but not limited to, the firms that the Town Energy Committee suggested. Most of the solar developers offered savings of less than 10% savings on electricity. Fifteen firms and organizations were contacted and meetings were held with a few. Efforts were suspended when an attractive option appeared with the Vermont School Boards Association.
In late fall 2015 the Vermont School Boards Association (VSBA) courted additional partners to buy electricity from solar projects at schools. The VSBA’s then consultant—and later broker—Competitive Energy Services offered an 18% discount on electricity rates through their partner Sun Edison. Their contract appeared one-sided to me and our Town Attorney. The Town did not vet CES, but piggybacked on the VSBA’s efforts. CES / Sun Edison were not willing to consider any contract changes or clarifications.
Efforts with CES were concluded and the Town’s list of firms was revisited. Aegis had a project needing off-takers at rates similar to CES but with more flexible contracts. The Town checked Aegis’ references and found them to be reputable.
On January 12, 2016 the Selectboard approved a motion to support the concept of entering into an agreement with a developer of a solar energy production facility for a twenty year agreement to purchase energy at a 15% discount over prevailing electric rates. The Town Manager’s office and Town attorney were authorized to negotiate such a contract and bring it back to the Selectboard for review and approval.
The first project Aegis arranged for the Town, a large solar development on a landfill in Gilman Vermont, was offered to another party by the finance partner. The current project is compliant with the rate and terms the prior Selectboard requested.
Mr. Frank stated that he was not requesting a decision at the meeting, but he asked that the Selectboard indicate interest in pursuing either of the following:
· Option One: The Town pays for the development of the facility through savings from electricity costs with the benefit of potentially higher savings; or
· Option Two: The Town allows its land to be used by private developers who pay for the project; the Town would become the primary financial beneficiaries with a savings of 10% of its electricity costs
Mr. Frank said he would bring the appropriate motion to move forward at the Selectboard meeting of September 26.
Chris Lamonia of AEGIS then gave the presentation about a solar array in the Town of Colchester that would allow the Town to generate part of its energy needs. Mr. Frank emphasized that the plan was one that he had worked on with AEGIS to conform specifically to the Town’s needs. The property for the proposed solar array is located at 18-3039 Roosevelt Highway.
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to proceed with Option One, with the Town paying for the development of the facility through savings from electricity costs.
The MOTION carried 4-1. Jeffrey Bartley voted no.
b. Regional Public Safety Dispatch Update and Preliminary Review of Charter/Agreement – A. Frank
Aaron Frank gave an update on the Regional Dispatch effort with a review of a preliminary Charter/Agreement.
c. ACTION: Re-adoption of Chapter 6. Dogs and Wolf Hybrids with Corrected Effective Date
MOTION (1) was made by Jeffrey Bartley and SECONDED by Jacki Murphy to reconsider the prior action taken at the meeting of August 8, 2017 regarding the amendment of the Town of Colchester’s Cod of Ordinances, Chapter 6. Dogs and Wolf Hybrids due to the incorrect effective date.
The MOTION carried 5-0.
MOTION (2) was made by Jeffrey Bartley and SECONDED by Jacki Murphy to adopt and sign the corrected Amendment to the code of Ordinances, Chapter 6. Dogs and Wolf Hybrids, with the ordinance to take effect on September 12, 2017, 21 days from the adoption date of August 22, 2017, per a memo from Dawn H. Francis dated August 9, 2017.
The MOTION carried 5-0.
MOTION was made by Tom Mulcahy and SECONDED by Jacki Murphy to temporarily adjourn the meeting of the Selectboard and convene a meeting of the Colchester Liquor Commission.
9. Approval of Liquor License - See separate Agenda (8:30 PM)
a. ACTION: First Class Liquor License for CGEM Corp. d.b.a. Guilty Plate Restaurant
(See separate Minutes)
10. Additional Business – Manager’s Recommendations
a. Schedule Work Session on 9/18 4-6 pm to review Big Picture Capital Priorities, Private Roads, and Airport Resolution, and Bayside Park Master Plan
11. Informational Items
a. For the week of August 18, 2017
12. Future Agenda Items
September 12, 2017
· Public Meeting on Winter Maintenance of Private Roads to obtain public input
· Town Charter Amendment regarding Town Clerk being appointed versus elected
· Board and Commission Vacancy Appointments
September 26, 2017
· Malletts Bay Scoping Presentation of Alternatives (1.5 hours, B. Osborne and K. Adams)
· Private Roads Winter Maintenance Policy Discussion, Review and Vote on an option
· Ordinance Amendment-Recreation Impact Fees – G. Cuttitta and S. Hadd
October 10, 2017
· Selection of Preferred Alternative for scoping Study (1 hour, B. Osborne and K. Adams)
· Bayside Park Master Plan – G. Cuttitta
· Adoption of Private Roads Winter Maintenance Policy
13. Announcements
Ms. Scibek announced the public is invited to the upcoming Celebration of the 50th Anniversary of the Colchester Police Department on Sunday, September 10, from 11:00 AM to 1:30 PM at the Colchester Police Station.
14. Warrants
a. Warrant #18-06
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve Warrant #18- 06 in the amount of $367,885.74.
The MOTION carried 5-0.
15. Adjournment
At 9:45 PM MOTION was made by Jeffrey Bartley and SECONDED by Tom Mulcahy to adjourn the meeting.
The MOTION carried 5-0.
The meeting was adjourned at 9:45 PM.