| | DRAFT MINUTES COLCHESTER SELECTBOARD Colchester Town Offices 781 Blakely Road, COLCHESTER, VT Outer Bay Conference Room, 3rd Floor __________________ |
1. Call Meeting to Order / Roll Call
The meeting was called to order at 6:15 by Chair Nadine Scibek.
SELECTBOARD: Nadine Scibek, Chair; Herbert Downing; Tom Mulcahy; Marc Landry. Absent: Jeffrey Bartley
STAFF: Dawn Francis, Town Manager; Aaron Frank, Deputy Town Manager/CFO; Bryan Osborne, Director Public Works; Warner Rackley, Engineer, Public Works; Sarah Hadd, Director Planning and Zoning; Karen Purinton, Planner, Planning and Zoning
OTHERS IN ATTENDANCE: Jacki Murphy, Pam Loranger, Xavier Richardson, Stacie Freeman, Nic Longo, Sean Santerre, Michaela Halnon, Mickey Palmer, Elizabeth Hamlin-Volz
2. Executive Session 6:15 PM
a. Conservation Commission Applicant Interview
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to enter executive
session for the purpose of an interview for consideration of appointment to the Conservation Commission, as authorized under the provisions of Title 1, Section 313 (a)(3) of the Vermont Statutes, Executive Sessions.
The MOTION carried 4-0.
3. Reconvene meeting / Pledge of Allegiance
At 6:46 PM meeting was reconvened by Chair Nadine Scibek and the Pledge of Allegiance was recited.
4. Citizens to be Heard
None came forward.
5. Public Hearing 6:35 PM
a. Second Public Hearing on Amendments to Town Charter
Marc Landry proposed adding “from General Fund fund balance” to Section 304 as it related to the emergency appropriations. Budget. In Section 401, Appointment, as it relates to the Town Manager “for an indefinite term” was recommended to be struck from the first sentence. Mickey Palmer of the Governance Committee made comments in support of Ballot Article 9 to change the threshold for emergency appropriations from 2 to 4%.
6. Consent Agenda
a. Minutes of Selectboard Meeting of January 10, 2017
b. Minutes of Selectboard Meeting of January 12, 2017
MOTION was made by Marc Landry and SECONDED by Herbert Downing to approve the Minutes from the Selectboard meeting of January 10, 2017 and January 12, 2017.
The MOTION carried 4-0
7. Special Business Items
a. Presentation by Auditors of FY 2016 Audit Report – Sullivan, Powers & Co. P.C.
b. ACTION: Acceptance of FY 2016 Audit Report
The auditor was unable to attend the meeting to make his presentation so agenda items 7a and 7b were tabled and rescheduled for the February 14, 2017 Selectboard meeting.
c. ACTION: Highway Mileage Certificate – W. Rackley
MOTION was made by Tom Mulcahy and SECONDED by Marc Landry to approve and sign the Certificate of Highway Mileage for the year ending February 10, 2017 in accordance with requirements of V.S.A. Title 19. Chapter 3, Sections 305 and 306, per a memo from Warner Rackley dated January 5, 2017.
The MOTION carried 4-0.
d. ACTION: Gravel Pit near 846 Macrae Road Quit Claim Deed
Bryan Osborne reviewed his memo with the Board regarding the request for a Quit Claim deed on a property that may contains a gravel pit, to which the town had rights to mine, so the owner can sell said property. The Town is unsure of the pit location and unsure that it is even on the subject property due to subdivisions of the property since the rights were obtained in the 1950’s. Current zoning regulations do not permit gravel extraction in the area.
MOTION was made by Tom Mulcahy and Marc Landry to authorize Dawn H. Francis, Town Manager, to execute a Quit Claim Deed to release any interest the Town may have in a gravel pit off Macrae Road in Colchester, Vermont, including an access road wherever it lays and the right to remove gravel from a parcel of land currently owned by Dean Kent, 846 Macrae Road, per a memo from Bryan Osborne, Director of Public Works, dated January 7, 2017; and documents provided by Wick & Maddocks, Attorneys at Law, under the understanding that Dean Kent will have an attorney prepare the deed and recordable plat for review and approval by the Town attorney at Dean Kent’s expense, and that Dean Kent will also pay the property transfer and recording fees.
The MOTION carried 4-0.
e. ACTION: Planning and Zoning Supplement 40 First Reading and Warn Public Hearing – S. Hadd
Ms. Hadd, director of Planning and Zoning, and Karen Purinton, Planner presented proposed amendments to Colchester Zoning Regulations.
Ms. Scibek recommended that a reference to Supplement 39 be changed on page 11.
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to approve for first reading the amendments to Zoning Regulations identified as Supplement 40 per memos from Sarah Hadd, Director of Planning and Zoning, dated January 24, 2017 and November 16, 2016; and to warn a public hearing for Tuesday, March 14, 2017.
The MOTION carried 4-0.
f. ACTION: Appointment of Conservation Commission Member
MOTION was made by Tom Mulcahy and SECONDED by Marc Landry to appoint Elizabeth Hamlin-Volz to the Colchester Conservation Commission for the remainder of a 4 year term beginning on January 25, 2017 and ending September 30, 2019.
The MOTION carried 4-0.
g. ACTION: Request for Building Fee Penalty Waiver
Mr. Santerre, who made the request, was in attendance at the meeting.
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to approve the waiver of the building permit penalty fee for Sean Santerre for a deck addition completed without a permit at 317 Colchester Pond Road.
The MOTION carried 3-1, with Herbert Downing voting against.
h. ACTION: Permanent Access Easement to Acabay Inc. – B. Osborne
The easement was a condition of the final approval for construction of a commercial office building and is referred to in the Declaration and Covenants in the Final P.U.D. Approval, condition 2.3, Access and Parking in 1994. It was discovered recently that the easement was not conveyed from the Town to the property owner.
MOTION was made by Tom Mulcahy and SECONDED by Marc Landry to approve the granting of a permanent access easement to Acabay Inc. in exchange for a one-time payment of $1 and whatever documentation is needed provided at Acabay’s expense, with said easement to cross over a Town-owned parcel on Water Tower Hill known as Lot B-28A, thereby allowing continued access to Acabay’s property known as Lot B-27 and further, to authorize the development of a permanent easement deed and a recordable plat, and to authorize Dawn Francis, Town Manager, to execute the easement on behalf of the Town per a memo from Bryan Osborne, Director of Public works, dated January 19, 2017.
The MOTION carried 3-1, with Herbert Downing voting against.
8. Monthly Report
a. Financial Report for December 2016 – A. Frank, CFO
Aaron Frank, Deputy Town Manager and CFO, gave the financial report for the month of December, 2016.
9. Old Business
a. ACTION: Finalize and Warn Town Meeting Articles and Charter Amendments for Vote at Town Meeting
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to accept Articles 1-5 to be heard at the Town’s Annual Meeting at 7:00 PM on March 6, 2017 and Articles 6-14, except for article 9, as presented at the Selectboard meeting of January 24, 2017, to be voted upon by Australian ballot on March 7, 2017 Motion carried 4-0
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to accept Article 9 for vote by Australian ballot at the Annual Meeting.
The MOTION carried 3-1, with Marc Landry opposed.
The MOTION carried 4-0.
10. Additional Business – Manager’s Recommendations
· An appeal to the State of Vermont for redetermination of the Equalized Education Property Value was requested by Robert Vickery, Assessor for a number of properties.
· There will be a meeting on Regional Dispatch on January 31, 2017 from 12:30-2:30 PM and at 7:00 PM at the City Hall in South Burlington.
11. Informational Items
a. For the week ending January 20, 2017
12. Future Agenda Items
February 14, 2017
· CCTA Agreement Renewal
· Amendments to Chapter 12, Traffic
· Vigilant Guard Update
· St. Gelais Overlook
· Auditor’s Presentation and Accept Audit (tabled from 1.24.17)
· Regional Dispatch
· Manager Annual Review
· Employee Handbook
February 28, 2017
· Informational Meeting re: Charter Amendments
· Health and Wellness Committee Update – S. Labarge and R. Parry
March 6 and 7, 2017
· Town Meeting and Election Day
March 14, 2017
· Stormwater Utility Proposal
· Exit 16 DDI Design and Disposition of Easements
March 28, 2017
· CCDC?
· S. D. Ireland?
13. Announcements
14. Warrants
a. Warrant # 17-21
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to approve Warrant #17-21 in the amount of $558,531.96.
The MOTION carried 4-0.
15. Adjournment
At 9:40 MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to adjourn the meeting.
The MOTION carried 4-0.
The meeting was adjourned at 9:40 PM.
Minutes respectfully submitted by Linda Gustainis, recording secretary.
* Select Board Meetings may be viewed on Channel 17 on Mondays at 7:00 p.m. & Tuesdays at 6:00 a.m.
Attendance in an executive session shall be limited to members of the public body and at the discretion of the public body, its staff, clerical assistance and legal counsel and persons who are subject of the discussion or whose information is needed. If the Agenda items are not complete at 10:00 p.m., the Select Board shall take a vote as to whether to continue or recess the meeting until the following Friday at 6:00 a.m. for the purpose of reconvening and completing the remaining business items.
In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the Town Manager’s Office at least 24 hours prior to the meeting at (802) 264-5500, TDD 1-800-253-0191 (text/telephone), 1-800-253-0195 (voice).