| | MINUTES COLCHESTER SELECTBOARD MEETING Colchester Town Offices 781 Blakely Road Outer Bay Conference Room, 3rd Floor __________________ |
1. Call Meeting to Order / Roll Call / Pledge of Allegiance
Chair Nadine Scibek called the meeting to order at 6:30 PM.
Selectboard: Nadine Scibek, Chair; Jeffrey D. Bartley; Herbert Downing; Jacki Murphy. Absent: Tom Mulcahy (called in by phone for agenda item # 8 around 10:10 p.m.)
Staff in Attendance: Dawn H. Francis, Town Manager; Aaron Frank, Deputy Town Manager/CFO; Glen Cuttitta, Director of Parks and Recreation; Kathi Walker O’Reilly, Director of Economic Development; Bryan Osborne, Director of Public Works; Karen Adams, Technical Services Manager;
Others in Attendance: Axel Bishop, Design Concept; Michaela Halnon, Colchester Sun; Department of Public Works consultants: David Saladino and Erica Quallen, Amy Macrellis, and Wayne Elliot; see attached list of residents in attendance.
2. Citizens to be Heard
None came forward.
3. Consent Agenda
a. Minutes of Meeting of September 26, 2017
b. Minutes of Special Meeting of October 2, 2017
MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to approve the minutes of the Selectboard meeting of September 26, 2017 and the minutes of the Special Meeting of October 2, 2017.
The MOTION carried 4-0.
4. Special Business Items (6:40 PM)
a. Bayside Park Master Plan – G. Cuttitta and A. Bishop of Design Concepts
Glen Cuttitta, Director of Parks and Recreation and Axel Bishop, Design Concepts, gave a one hour presentation on the Bayside Park Master Plan.
Some residents expressed the opinion that an indoor pool for winter recreation should be a priority. Mr. Cuttitta explained that the cost for an indoor pool was prohibitive at this time. Some wondered if the size of the amphitheater was adequate. Support for pickle ball courts and the passage way was expressed.
b. Action: Selection of Preferred Alternative for West Lakeshore Drive Pedestrian Improvements Scoping Study – B. Osborne and K. Adams)
Bryan Osborne, Director of Public Work and Karen Adams, Technical Services Manager, presented on the possible alternatives for action for the West Lakeshore Drive Pedestrian Improvements.
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve the 4C Alternative for further development subject to the availability of funding, which includes approximately 5,400 feet of 10’ wide separated bike path along the
south side of West Lakeshore Drive from the Bayside intersection to Prim Road; a series of storm water management improvements designed to improve basic roadway drainage issues along West Lakeshore Drive and provide water quality treatment consistent with current standards; provides approximately 1,000 feet of 5’ wide concrete sidewalk on the north side of the road from the State Fishing Access to the Lakeshore Drive Shopping Plaza; and has a future conceptual construction cost estimate of $5.4 million which would be subject to voter approval to access local property tax or local option tax.
The MOTION carried 4-0.
Item 6 was taken up out of order of the agenda.
MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to temporarily adjourn the meeting of the Selectboard and convene a meeting of the Colchester Liquor Control Commission.
The MOTION carried 4-0.
See separate minutes of the Liquor Control Commission meeting.
MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to adjourn the meeting of the Liquor Control Commission and reconvene the meeting of the Selectboard.
The MOTION carried 4-0.
The Selectboard then continued with Item #4c:
c. Action: Selection of Preferred Alternative for Bayside Intersection Improvements Scoping Study – B. Osborne and K. Adams
Mr. Osborne, and Ms. Adams, Technical Services Manager, presented on the possible alternatives determined by the Scoping Study for the Bayside intersection improvements.
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve
Alternative #3 for further development subject to the availability of funding, which includes the design and construction of a single lane roundabout at the Bayside Intersection; a series of storm water management improvements designed to improve basic roadway drainage issues at the intersection and provide water quality treatment consistent with current state standards; and the advancement of shorter term improvements to optimize the efficiency of the existing traffic signal all of which has a future conceptual construction cost estimate of $3.4 million which would be subject to voter approval to access local property tax or local option tax funds.
The MOTION carried 3-0, with Herbert Downing abstaining from the vote as he lives in the Williams Road area neighborhood and the traffic impacts from various scenarios would bias his opinion.
d. Action: Selection of Preferred Alternative for Malletts Bay Stormwater System Scoping Study – B. Osborne and K. Adams)
Mr. Osborne and Ms. Adams presented the possible alternatives that were determined by the Scoping Study for the Malletts Bay Stormwater System.
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve the Meets Stormwater Standards alternative for the Moorings Stream, Crooked Creek, and Smith Hollow Creek watersheds; the Exceeds Stormwater Standards alternative for the East Lakeshore Drive watershed; and the continued exploration by staff to identify other specific sub-basin improvements where Exceeding Standards may be financially beneficial to future permit compliance related to phosphorus reduction in Lake Champlain, all of which has a future conceptual construction cost estimate of $5.6 million which would be subject to voter approval.
The MOTION carried 4-0.
5. Town Manager’s Report
a. For September 2017
There were no questions or comments on the monthly report for September, 2017.
6. Approval of Liquor Licenses (8:45 PM) See above.
a. Action: First and Second Class License for AAM Colchester Servers LLC d.b.a. Residence Inn by Marriott Burlington/Colchester
7. New Business (8:55 PM)
a. Action: Verizon Wireless Easement at Bayside Park – A. Frank
MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to approve an easement agreement with Verizon Wireless and other utilities at Bayside Park and further, to authorize Dawn Francis, Town Manager, to enter into said Easement Agreement on behalf of the Town of Colchester, per a memo dated September 25, 2017 from Aaron Frank, Deputy Town Manager/CFO, including minor changes approved by the Town Attorney.
The MOTION carried 4-0.
b. Action: Promotion of Student Member to Adult Member of Development Review Board
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to promote Youth Member Morgan Eaton to a full (voting) adult member of the Colchester Development Review Board, per a memo dated September 28, 2017, from Sarah Hadd, Director of Planning and Zoning. Further, the Selectboard appoints Morgan Eaton to the Development Review Board for a one-year term beginning immediately and ending September 30, 2018.
The MOTION carried 4-0.
At 10:00 PM a 10 minute recess was called.
8. Old Business
a. Action: Consideration and Vote on Private Roads Winter Maintenance Policy Direction (Board member Tom Mulcahy joined the meeting by speaker phone.)
The Town Manager and Public Works Director were asked by the Chair to provide staff perspective on the various ideas and proposals offered by the public and a memo dated 10/10/17 from both was distributed and presented. Town Manager Francis complimented the public for their thoughtful, civil and respectful involvement in this difficult issue.
The public was given a final opportunity to express opinions; in summary:
· Taxpayers should not be subsidizing for-profit mobile home parks with plowing nor should they be subsidizing private property
· Concern for emergency access and safety was expressed
· Disappointment expressed that a task force was not considered
· A resident [of an unplowed private road] pointed out the lack of fairness and equity
· It’s hard for homeowners with informal associations to agree on maintenance and oversight of a plowing contractor
· There is not enough time for these associations to find private contractors for the upcoming winter season
· Town is proposing large expenditures for Parks and Recreation, upgrading public roads, and stormwater improvements rather than continuing maintenance of the currently plowed private roads when it’s a fraction of the cost of what’s being proposed
The Selectboard members made comments as follows:
· Tom Mulcahy stated that he is not in favor of plowing commercial entities or plowing only some private roads. He cited issues of liability, equity, competing with the private sector, the question of insurance coverage and other legal issues as his reasons for voting to discontinue private road maintenance.
· Jacki Murphy noted that she is new to the Selectboard. She reviewed all the materials and weighed the fairness of plowing only some private roads. She is not sure why the practice started, but it is not fair. She does think plowing should be done for the upcoming season so that the home owners associations have time to line up plowing service for 2018/19. Regarding the request for a task force, she opined that the Selectboard had been the task force and had been considering the issue for several months. She pointed out that the general public doesn’t drive on private roads. While she agreed that there was benefit for those who are receiving plowing, the Board has to do the greatest good for the greatest number of people.
· Herb Downing complimented the residents who had spoken on the thoughtfulness of their questions and ideas. He stated that the Selectboard should have faced the issue 47 years ago. When the issue was first brought to his attention, he had felt that it was for the voters to decide. He agreed that the Selectboard had acted as a task force and after consideration of the Governance Committee’s report, the opinions of the individuals and home owners associations who had pointed out the inequity of the practice, plus the legal opinions and all of the information that had been presented, he had come to the conclusion that with the 1997 Charter change the voters had given the Selectboard the authority to decide on a policy and it was time to make a decision on the issue.
· Jeffrey Bartley stated that he originally felt the issue was black and white. The comments the Selectboard had received from the public made valid points, but the Governance Committee had pointed out the lack of fairness and the liability attached to continuing the status quo. He said that the only solution that would solve both the inequity of plowing only 14 of 44 miles of roads and the liability problems would be to discontinue plowing, and that they must do what is best for the community as a whole. He agreed that it was too late in the season to make the change this winter and they should discontinue winter maintenance next year.
· Nadine Scibek, Chair said that she had been unaware that the Town plowed any private roads and thanked the Governance Committee for bringing the liability and fairness issues to their attention. She reiterated that the Selectboard must consider the interests of all residents of the town. She pointed out that the Selectboard’s review of the issue had not started only a month ago. It was brought out to the public in August after months of research by Town staff and the Town’s attorney. Ms. Scibek expressed her disappointment that the residents of plowed private roads perceived plowing as the only service they receive from the Town. She pointed out the many services that the Town provides to residents and spoke highly of the Town’s Police, Rescue, and the excellent programs offered by Burnham Library and the Parks and Recreation departments, as well as others. In the best interest of the Town, she believed the Town must discontinue the practice of plowing only some private roads after this winter season.
MOTION was made by Jeffrey Bartley and seconded by Herbert Downing to discontinue winter maintenance on those private roads that we currently maintain.
The MOTION carried 5-0. (Tom Mulcahy voted via speaker phone).
MOTION was made by Herbert Downing and SECONDED by Jacki Murphy to continue the winter maintenance of private roads currently maintained through this winter.
The MOTION carried 5-0. (Tom Mulcahy by speaker phone)
The Selectboard requested that staff to draft a policy for Board review at the next Selectboard meeting on October 24, 2017 and Chair Scibek asked that staff provide information to the road associations in the future to assist them with contracting for services.
9. Additional Business – Manager’s Recommendations
10. Informational Items
a. For Week Ending October 6, 2017
11. Future Agenda Items (Subject to Change)
October 24, 2017
• Colchester Community Development Corporation
• Winooski Valley Park District
• Public Hearing on Amendment to Colchester Code of Ordinances, Chapter 6-1/2. Fees for Permits and Licenses.
• Review of Winter Maintenance of Private Roads Policy
November 14, 2017
• First Reading of Amendments to Colchester Code of Ordinances, Chapter 12. Traffic
12. Announcements
• Dawn Francis announced that she would be stepping down from the Board of Directors of the Champlain Housing Trust as of their 2018 Annual Meeting due to a change in the board meeting schedule and a desire to cut back on evening meetings.
• Nadine Scibek, Jeffrey Bartley, and Jacki Murphy will be attending Colchester Rescue’s Annual Banquet.
13. Warrants
a. Action: Warrants #18-10 and #18-11
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve Warrant #18-10 in the amount of $861,508.41 and Warrant #18-11 in the amount of $302,436.17.
The MOTION carried 4-0.
14. Possible Executive Session
a. Civil Litigation and Personnel Matter
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to find that premature general public knowledge of a civil litigation and a personnel matter would clearly place the Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses the litigation in public. Town Attorney Brian Monaghan, Aaron Frank and Dawn Francis joined the executive session.
The MOTION carried 4-0.
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to enter into executive session, to include the Town Attorney, to discuss the civil litigation and the personnel matter under the provisions of Title 1, Section 313 (a)(1)(E) of the Vermont Statutes, Executive Sessions.
The MOTION carried 4-0.
At 11:42 PM MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to exit Executive Session.
The MOTION carried 4-0.
MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to authorize Dawn H. Francis, Town Manager, to sign a settlement agreement regarding vicious dog, Marley, between Jason Hathaway and the Town of Colchester.
The MOTION carried 4-0.
15. Adjournment
At 11:45 PM MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to adjourn the meeting.
The MOTION passed 4-0.
The meeting was adjourned at 11:45 PM.
Minutes respectfully submitted by Linda Gustainis, recording secretary.