| | MINUTES COLCHESTER SELECTBOARD SPECIAL PUBLIC MEETING Colchester High School, Laker Lane Performing Arts Center (Auditorium) __________________ |
These minutes are a summary of the issues raised. A video of the meeting is available from Lake Champlain Access TV on-line at http://lcatv.org/towns/colchester. The letters, emails and summary of verbal comments received as of 9/29/17 are posted on the town’s website under the Private Roads heading.
1. Call Meeting to Order / Roll Call – 6:30 pm
Chair Nadine Scibek called the meeting to order at 6:30 PM.
Selectboard: Chair Nadine Scibek, Tom Mulcahy, Jeffrey D. Bartley, Herbert Downing, Jacki Murphy.
Staff in Attendance: Dawn H. Francis, Town Manager; Aaron Frank, Deputy Town Manager; Bryan Osborne, Director of Public Works
Others in Attendance: See attached list.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Special Public Meeting (Per Public Request) on Private Roads Winter Maintenance Policy
a. Private Roads Comments
Chair Scibek opened the meeting. A hand-out sheet was provided with the Selectboard’s answers to questions that were raised at the September 12, 2017 public meeting (see attached) and from correspondence received as of September 22, 2017. At the request of the public who may have had to leave the previous meeting early, the Board held this meeting to have a further dialogue about the issue.
Public comments fell under the following general themes:
· The Town should not plow private roads due to liability and fairness and the practice should be discontinued immediately. Taxpayers should not be paying for service on private property, particularly for mobile home parks as they are commercial entities.
· It is unfair for the Town to be plowing some private roads and not others.
· The plowing of private roads is necessary for public health and safety (emergency access). There was concern about adequate access for school buses and essential personnel such as emergency responders, doctors and teachers. The Board noted that in a follow up on the issue, the Colchester School District bus contractor has been directed by the District not to travel on private roads due to liability issues.
· The Town’s minimum roadway standards should be reduced to allow public acceptance of private roads.
· There were questions about why the Town couldn’t get insurance to plow private roads. An opinion from the Town’s insurance carrier was provided to the audience by Chair Scibek.
· Buyers purchased property on private roads with the assumption that plowing would continue and it was therefore an implied contractual agreement, but it was noted there were no formal or written agreements for winter maintenance with the Town.
· It was requested that private roads homeowners be given time to locate private snow removal contractors if a decision is made to discontinue before this winter season.
· Some were concerned about their ability for homeowners associations to agree upon bidding out and selecting a contractor; coordination of how much each person pays and getting payment from everyone as well as their personal liability if a change is made. Board recommended pooling resources to get a legal opinion and referred to Title 19, Section 2702 relating to private road maintenance.
· Many attendees recommended the Selectboard be more thoughtful and slow about a decision due to unanticipated impacts and that a task force be created representing the various stakeholders to vet the ideas presented by the public and what is done in other towns. Many volunteered to serve.
Regarding the above comments, Ms. Scibek noted that the board will decide the issue on the facts and merits of suggested alternatives and public input and that it would not base their decision on the number of emails or petitions received expressing support for one position over another.
4. Adjournment
At 7:58 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 7:59 PM.
Minutes respectfully submitted by Dawn Francis and Linda Gustainis, recording secretaries.