1.      Call Meeting to Order - 5:00 PM

At 5:20 p.m., the special meeting and work session was called to order by Nadine Scibek, Chair. The Selectboard went to the Outer Bay Conference Room to take a picture for the Annual Report.

2.      Roll Call / Pledge of Allegiance

Selectboard: Nadine Scibek, Chair; Herbert Downing; Tom Mulcahy; Marc Landry; and Jeffrey Bartley

Staff: Dawn Francis, Town Manager; Aaron Frank, Deputy Town Manager/CFO; Bryan Osborne, Director of Public Works

Others in Attendance: No other attendees

3.      Possible Executive Session

a. Contracts

b. Pending Litigation

c. Possible Land Acquisition

At 5:25 Selectboard returned to the Champlain Room and reconvened the meeting.

MOTION was made by Tom Mulcahy and SECONDED by Marc Landry to find that premature general public knowledge of contracts, possible land acquisition, and pending litigation would clearly place this Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses the contracts, possible land acquisition, and pending litigation in public.

Herbert Downing inquired about the topics and rationale for entering executive session. Town Manager Francis explained there would no action requested of the Board. A possible land acquisition and contracts involving a proposed land donation in the vicinity of Exit 17, as well as  the contract with  Colchester Fire District #2 / Town of Colchester partnership on the proposed sewer project, and regional dispatch services would be discussed. Mr. Downing concurred these topics were appropriate for executive session. Staff would also like to discuss under Pending Litigation, the legal strategy involving the private roads issue prior to what will be an extensive public process on the issue beginning in late Spring.

Mr. Downing cited Title 1, VSA, Section 313 (A)(1)(e), the Vermont State Statutes citation involving the open meeting law and executive session and stated that the aspects of the Town's plowing of private roads which could result in litigation are already known by potentially affected parties, with or without public disclosure. He believed it is appropriate to discuss the private road issue in an open, rather than executive, session. Ms. Francis opined that the discussion of the Town's plowing of private roads involved probable litigation to which the Selectboard may be a party and premature public knowledge of the legal issues would place the Selectboard at a substantial disadvantage. She felt it best for the Board to discuss their legal strategy in executive session and assured the Board that an extensive public stakeholder and education process about the issue would be recommended in the future. Mr. Downing said there would be no risk for the Board to discuss the issue in open session and expressed concern about the Board’s being able to make the case that it was a topic of legal sensitivity as there was no threat of legal action at this time.  After the Chair polled the rest of the Board for their preference, it was decided to enter executive session with Herb Downing being opposed.

MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing that the Selectboard enter into executive session to discuss contracts and pending litigation under the provisions of Title 1, Section 313 (a)(1)(A)(E) of the Vermont Statutes, Executive Sessions; and to discuss possible land acquisition under the provisions of Title 1, Section 313 (a)(2) of the Vermont Statutes, Executive Sessions.

The MOTION carried 4-1, with Herbert Downing opposed.

4.      Reconvene meeting

At 6:35 PM MOTION was made by Tom Mulcahy and SECONDED by Jeffrey Bartley to exit executive session.

The MOTION carried 5-0.

Bryan Osborne updated the Selectboard on the proposed stormwater utility timeline and tasks. Mr. Osborne left the meeting at 6:50 PM.

Aaron Frank updated the Selectboard on the Regional Dispatch proposal.

At 7:12 PM MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to adjourn the special meeting.

The MOTION carried 5-0.

5.      Adjournment

The meeting was adjourned at 7:12 PM.

Minutes respectfully submitted by Linda Gustainis, recording secretary.