MINUTES

COLCHESTER SELECTBOARD MEETING

October 24, 2017 @ 6:00 PM

Colchester Town Offices 781 Blakely Road

Outer Bay Conference Room, 3rd Floor

__________________

 

 

 

1.         Call Meeting to Order

a.   Pledge of Allegiance

 

2.         Roll Call

Selectboard: Nadine Scibek, Chair; Tom Mulcahy; Jeffrey D. Bartley; Herbert Downing; Jacki Murphy

 

Staff in Attendance: Dawn H. Francis, Town Manager; Aaron Frank, Deputy Town Manager/CFO; Glen Cuttitta, Director of Parks and Recreation; Sarah Hadd, Director of Planning and Zoning; Kathi Walker O’Reilly, Director of Economic Development.

Others in Attendance: Nick Warner, WVPD; Moe Germain CCDC Mike Mazza, CCDC; Kevin Marchand, CCDC; Pam Loranger; Dick Pecor, CCDC; Julie P-W. Sam Messier; Tabitha Meyers; Erin Spence; David Burke; Paul Brogna; Fiona Dougherty; Michaela Hanlon, Colchester Sun; Pat O’Brien, SD Ireland; Lori Jensen, CCDC

 

3.         Executive Session

a. Upcoming Contracting Negotiations

b. Pending Litigation

MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy  to find that premature general public knowledge of contract negotiations and pending litigation would clearly place this Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategies if it discusses the negotiations and pending litigation in public.

The MOTION carried 5-0.

 

MOTION was made by Jeffrey Bartley and SECONDED by Tom Mulcahy to enter into executive session to discuss contract negotiations and pending litigation under the provisions of Title 1, Section 313 (a)(1)(A) and (E) of the Vermont Statutes, Executive Sessions.

The MOTION carried 5-0.

 

MOTION was made by Jeffrey Bartley and SECONDED by Tom Mulcahy to exit executive session at 6:45 p.m.

The MOTION carried 5-0.

 

4.         Citizens to be Heard (6:47 p.m.)

None.

 

5.         Public Hearing (6:49 pm) G. Cuttitta and S. Hadd

a. Amendment to Colchester Code of Ordinances, Chapter 6-1/2. Fees for Permits and Licenses 

 

Sarah Hadd and Glen Cuttitta reviewed the recreation impact fee since its history in 1987, including the fee update proposal which was developed by a consultant, GreenPlay and reviewed by the Town attorney.

 

Tom Mulcahy asked about the lack of an increase for the last 20 years.  Sarah explained that in recent history, staff and the Board decided not to update during their last review due to the economic downturn. 

 

Nadine Scibek asked about the separation and use of the recreation fees.  Sarah explained that fees were kept in a separate fund and that use of funds was authorized through annual Selectboard approval of the capital plan.

 

Tom Mulcahy explained that he believed the increase was too much at once.

 

Pat O’Brien who was representing SD Ireland agreed it was of value to keep a simple system but felt it was possible to allow a sliding scale.  He said he regretted not having an opportunity to discuss at more than one meeting and that the affordable housing organizations were not present.

 

Mr. Downing asked Mr. O’Brien if he felt there was a specific concern that affordable housing entities would request if they were present.

 

Mrs. Francis explained that market value and affordable housing has an equal impact on the need for recreation facilities and that the fees needed to have a nexus with the capital recreation facility needs identified in the capital budget.

 

Mr. O’Brien explained that he was interested in a sliding scale of impact fees based on number of bedrooms, and noted that some other municipalities use such scales which he believes is more equitable.  He asked why in-kind contributions were proposed to be removed from the ordinance.  Mrs. Hadd explained that the Town has little need for new park land but rather need for capital to develop existing park land.

 Mr. O’Brien asked if the recreation impact fee would fund a recreation path near Severance Corners.  Mrs. Hadd explained that recreation paths were not a part of the impact fee.  Mr. O’Brien asked that the impact fee be allowed to be spent on paths.  Mrs. Francis explained that the fees had to be related to parks facilities for the ordinance to be valid. Mr. O’Brien explained that when a developer creates a 33 unit building, he must pay all at once, vs. a single family home developer which could pay as they developed each home. Payment at certificate of occupancy would be better for project affordability and cash flow.

 

Dick Pecor came to speak on the user perspective as a Recreation Advisory Board member.  He said that he was interested in the fees creating an opportunity to support nineteen parks around Colchester and 66 acres of land in the Village.  He felt the funding substantially helped support the improvement of parks across town.

 

Kevin Marchand from Sunderland Woods neighborhood explained that the flat fee makes sense and fees and taxes can be used as opportunities to provide community assets but was interested in some flexibility to allow opportunities for low income and senior housing.  He cautioned that increasing the fee without flexibility to slide fees could preclude opportunities.

 

Herb Downing asked about the impact of the fee increase on developers.  Mr. Marchand explained that the fee could make a difference on profitability and thus the creation of housing.

 

Ms. Scibek asked Ms. Hadd to explain how the fee was developed.  Ms. Hadd explained that the fee took into account population growth, and each new resident’s proportional fee for the planned improvements.

 

Ms. Scibek asked about information about sliding scales.  Ms. Hadd explained that Shelburne adjusted their fee annually and that it was different for single family vs. multi-family.  Ms. Hadd explained that multi-family utilized recreational facilities more than single family homes.

 

David Burke from O’Leary Burke said that he felt a 300% increase all at once was a lot. Mr. Burke did not feel the fee proposed was well explained in the proposal. He asked that section 6-½ (22) be applied to projects going forward, not for approved projects.

 

Mr. O’Brien explained that Burlington provided waivers for affordable housing and that fees are due just prior to occupancy permits. Mr. Burke asked that bonus density would apply to fee reductions.

 

MOTION was made by Herbert Downing and SECONDED by Tom Mulcahy to close the public hearing.

The MOTION carried 5-0.

 

6.         Consent Agenda

a. Minutes of October 10, 2017

MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve the minutes of the Selectboard meeting of October 10, 2017.

The MOTION carried 5-0.

 

7.         Special Business Items

a.         Colchester Community Development Corporation (CCDC) – Discussion of Community Priorities

 

CCDC members in attendance included: Stacy Mercure, Moe Germain, Dick Pecor, Mike Mazza, and CCDC executive director, Lori Jensen.

 

Kathi Walker O’Reilly stated that she drafted a list of possible collaborations between CCDC and the Town. CCDC President Kevin Marchand explained that CCDC and the Town reduced funding of economic development positions as the speed of development did not warrant more than one staff member.  He noted that CCDC did not see itself as a social entity; that their advisory role was helpful in passing the local option tax. Mr. Marchand felt that CCDC’s independence was important to critical evaluation of Town efforts. Mrs. Walker O’Reilly noted that CCDC was able to provide a gap loan to a business.

Mr. Downing expressed thanks for the CCDC’s support of the local option tax and the possibility of using the local option tax for sewer and a community center, and that he would like the CCDC’s input in any future proposal to use local option tax.

 

Mr. Mulcahy asked CCDC if they were interested in planning a Chamber of Commerce. Mr. Germain explained that in the past, the Town paid for 80% of its funding and the Corporation was not able to sustain itself through members.

 

Ms. Scibek asked about the need and mission for a Chamber. Mr. Marchand explained that creating an entity and funding it are challenging, and that CCDC is not interested in becoming a Chamber. He suggested developing a mission to determine what the Chamber might do.

 

Mr. Pecor explained that CCDC would like to lend to businesses that have no other options. He asked what sort of businesses the Selectboard wanted CCDC to support. Mr. Mulcahy explained that he was interested in technical businesses that do not require chemicals and a space sharing facility.

 

Ms. Francis expressed her appreciation to CCDC for acting as a sounding board and providing a valuable perspective and suggested they could play an important role in infrastructure projects such as the sewers and a possible waterline upgrade on Route 7.

 

Ms. Scibek thanked CCDC for their efforts.

 

b.         Winooski Valley Park District Budget Presentation – N. Warner

Nick Warner, the Director of the Winooski Valley Park District gave an update on the Park District along with a FY 2019 budget presentation. No additional funding is being requested from the towns due to the district’s initiative to increase revenue sources.

 

c.         Action: Adoption of Amendment to Colchester Code of Ordinances, Chapter 6-1/2, Fees for Permits and Licenses

 

Mr. Mulcahy explained that he was interested in exploring some of the ideas outlined by the audience.

 

Ms. Murphy asked for consideration of incremental increases and for grandfathering in of already approved projects. Ms. Hadd explained it was not possible to grandfather projects except by setting a date in the future.

 

Mr. Downing was willing to support the amendment as presented, given the fees in other communities in Chittenden County and to support the excellent parks and recreation facilities in Colchester, although he was interested in supporting lower income and senior housing.

 

Mr. Bartley was interested in another public hearing and a more incremental approach to raising fees. Mr. Cuttitta explained that the fees helped fund village park improvements.

 

Ms. Francis suggested tabling the discussion and then considering with the attorney and the consultant.

 

Ms. Scibek asked the board for their position on sliding fees. Mr. Bartley suggested sliding single family vs. multi-family which was supported by Ms. Murphy. Ms. Scibek suggested automatic increases and Mr. Mulcahy supported that approach. Ms. Scibek would like research on affordable housing providers’ perspectives. Ms. Francis noted that the changes would be considered substantive and would need to be warned again for public hearing.

 

 

8.         Financial Report –A. Frank, CFO

The financial report for the month of September was given by Aaron Frank, CFO.

 

9.         Old Business

a.         Review of Winter Maintenance of Private Roads Draft Policy.  Mr. Downing offered to edit a draft of the policy developed by staff.  Mr. Mulcahy explained that he would like the authority for a public safety official to request a snow plow to provide access to a property that was not plowed in case of a public safety emergency. Ms. Francis advised that the policy should include findings relating to the public interest that support the policy change and that a resolution was prepared as it would be recorded in the land records.

 

10.       New Business

a. Action: Technical Rescue Donation

MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve the donation of an Urban Search and Rescue Truck and Trailer which was purchased with Homeland Security Funds to the State of Vermont, subject to acceptance by the State of Vermont, per a memo dated October 5, 2017 from Aaron Frank.

The MOTION carried 5-0.

 

11.       Additional Business – Manager’s Recommendations

Ms. Francis explained that the Town was appealing a State decision not to change the speed limit on Rt. 7 South of Severance Corners and that a board member was welcome to attend the meeting with Vtrans.  She also noted that the Bay Road/Routes 7 and 2 intersection project delay was going to require construction next summer and following consultation with the local businesses it was decided to do it later in the summer in 2018 to lessen the impacts on the businesses and school.

 

12.       Informational Items

a.         For the week ending October 20, 2017

 

13.       Future Agenda Items (Subject to Change)

November 9, 2017 8:00 – 9:30 AM

·         Selectboard Work Session and Budget Discussion with Administration

 

November 14, 2017 7:00 – 9:30 AM

Department Budget Reports to Selectboard:

·         7:00 AM Fire Departments

·         7:30 AM Police

·         8:15 AM Rescue/Tech Rescue

·         8:45 AM Town Clerk

·         9:00 AM Cemetery

·         9:15 AM Planning and Zoning

·         9:25 AM Health

 

November 14, 2017 6:00 PM

·         First Reading of Amendments to Colchester Code of Ordinances, Chapter 12. Traffic

·         Review Draft of Winter Maintenance of Private Roads Policy / Resolution

 

November 16, 2017 8:00-10:30 AM

Department Budget Reports to Selectboard:

·         8:00 AM Recreation

·         8:30 AM Assessor

·         9:00 AM Economic Development

·         9:30 AM Library

·         10:00 AM Public Works

·         10:25 AM Intergovernmental

 

November 28, 2017

·         Capital Budget Review

 

December 5, 2017 6:00-7:30 PM

·         Selectboard Budget Work Session with Town Manager and Deputy Town Manager/CFO

 

December 12, 2017

·         Warn Charter Change on Clerk/Treasurer Public Hearings (2) and Informational Meeting

·         Adopt Capital Budget

 

14.       Announcements

 

15.       Warrants

a. Action: Warrant #18-12

MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve Warrant #18-12 in the amount of $319,089.50.

The MOTION carried 5-0.

 

16.       Adjournment

At 9:27 PM MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to adjourn the meeting.

The MOTION carried 5-0.

The meeting was adjourned at 9:27 PM.

 

Minutes submitted and prepared by Aaron Frank, Deputy Town Manager.

 

 

 

 

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