MINUTES

COLCHESTER SELECTBOARD

SPECIAL MEETING WEDNESDAY, MARCH 15, 2017 @ 6:30 PM

Colchester Town Offices

781 Blakely Road, COLCHESTER, VT Outer Bay Conference Room, 3rd Floor

 

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1.         Call Meeting to Order / Roll Call 6:34 PM

SELECTBOARD: Herbert Downing, Tom Mulcahy, Jeffrey Bartley, Nadine Scibek, and Jacki Murphy

STAFF: Aaron Frank, Deputy Town Manager; Brian Monaghan, Town Attorney; Colchester Police Department; Sgt James Roy; Officer Michael West, Officer Roger Fisher, Officer Stephen Gutierrez, Officer Victor Bitca, and Animal Control Officer, Stephanie Gringas.

OTHERS IN ATTENDANCE: Pam Loranger, Michaela Halnon, Jason Hathaway, Raymond Giroux, Stephanie Menard, Aaron Labor

 

2.         Pledge of Allegiance

 

3.         Adjustment of Agenda:

Tom Mulcahy moved to add an item to the agenda, Acting Chair.  Jeff Bartley Seconded. Motion was approved 5-0.

 

4.         Acting Chair:

Tom Mulcahy moved to elect Nadine Scibek as acting chair until the Selectboard holds its organizational meeting.  Jeff Bartley Seconded.  Motion was approved 5-0.

 

5.         Public Hearing, Possible Vicious Dog

 

Attorney Brian Monaghan explained the process for the hearing that he was acting as prosecution, on behalf of Town Management, that the dog owner could bring his case and witnesses and to question the Town’s witnesses, and that the Selectboard would be hearing and deciding on the matter. 

 

Selectboard Chair Nadine Scibek asked if Jason Hathaway was present.  He was not at the time.

 

Attorney Monaghan explained that a notice had been provided to the owner of the dog Marley, Jason Hathaway, and that it has been signed for by the owner and that the Town Manager’s office had verified the residence of the three individuals who made complaints, as required by the Town Ordinance.  Mr. Jason Hathaway arrived and agreed that he had been served with the Notice of Hearing.

 

Herb Downing asked about rules of evidence and the applicability of the Municipal Rules of Evidence Act.  Attorney Monaghan explained that evidence provided at a Selectboard meeting are typically relaxed and that the Town had not adopted the Municipal Rules of Evidence Act but rather a more relaxed form of evidence rules. It was agreed that Herb Downing would swear in the witnesses one at a time.

 

The following people were sworn in and provided testimony, and explained exhibits provided to the Selectboard that they contributed to, which will be outlined in the Selectboard’s Decision: Colchester Police Officer Michael West; Colchester Police Officer Stephen Gutierrez; Colchester Police Officer Victor Bitca; Colchester Police Sergeant Jim Roy; Colchester Animal Control Officer Stephanie Gringas; Jason Hathaway; Stephanie Menard; and Aaron Labor. 

 

Attorney Monaghan asked the Selectboard to admit Exhibits A-C including the notice of hearing, the Town’s Animal Control Ordinance and the Complaints against Marley and the Selectboard so agreed.   Attorney Monaghan reiterated Mr. Hathaway’s rights to question Town witnesses and to bring his own testimony and witnesses.  Jason Hathaway and Stephanie Menard objected to the letters, asserting they were from the friends of Mr. Giroux.   Attorney Monaghan explained that two letters were from Town of Colchester residents with addresses noted in letters and that a third letter was from a resident, whose Town of Colchester address was confirmed by the Town Manager’s office. 

 

The Selectboard concluded the hearing. 

 

6.         Warrant Approval:

Tom Mulcahy moved to add an item to the agenda, Warrant Approval and To Approve the Warrants.  Acting Chair.  Jeff Bartley Seconded. Motion was approved 5-0.

 

7.         Agenda Amendment:

Tom Mulcahy moved to amend the agenda to include the Organizational Meeting items warned for the March 14 meeting that was cancelled due to the snowstorm.  Herb Downing Seconded.  Motion was approved 5-0.

 

8.         Organization:

Jacki Murphy moved to: Nominate Nadine Scibek as Chair.  Herb Downing moved to nominate Nadine Scibek as Chair for a period of one year, Tom Mulcahy as Vice-Chair for a period of one year, and Jeff Bartley as Clerk for a period of one year; to begin the Annual Town Meeting at 6:30 PM on Town Meeting Day, and adopt the others elements of the Organizational Meeting as proposed in the Organizational Meeting outline for the March 14, 2017 Selectboard Meeting.  Jacki Murphy Seconded.  Motion was approved 5-0.

 

9.         Deliberative Session:

Tom Mulcahy moved to enter deliberative session at 9:45.   Herb Downing seconded.  Motion was approved 5-0.  Tom Mulcahy moved to exit deliberative session at 10:50.   Herb Downing seconded.  Motion was approved 5-0. 

 

10.       Adjournment:

Herb Downing moved to adjourn.  Jeff Bartley seconded.  Motion was approved 5-0

 

 

Minutes prepared by Aaron Frank, Deputy Town Manager

 

* 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).

 

 

 

 

 

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