| | MINUTES COLCHESTER SELECTBOARD Colchester Town Offices 781 Blakely Road Outer Bay Conference Room, 3rd Floor __________________ |
1. Call Meeting to Order / Roll Call
Chair Nadine Scibek called the meeting to order at 6:30 PM. Meeting was moved to the Colchester High School Performing Arts Center due to very high public attendance and then resumed at 7:15 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:
| Kristi Rocheleau | Phyllis Bryden | John Chastenay | Elizabeth Bradley | Trish Powshere |
| Joel Bradley | Jason Daktor | Lew Ruits | David Seurs | Catherine Rush |
| Rachel Johnson | Leslyn Hall | Martha Roy | Steven Roy | Dunlop Riehle |
| Mark Johnson | Alice Bissault | Les Bissault | Judy Liner | Judy Audrieth |
| Peter Meyer | Andy Meilleur | M. Rocheleau | Eileen Fontaine | Julie Marshall |
| Ann Burzynski | Carol Bitter | Lisle Lin | Karen Venner | J. Bombardier |
| Bill Laurette | John Miller | Mario Trabulsy | Inge Schaefer | Pam Loranger |
| W. & G. Pretty | Frank Grant | Bud Meyers | Mickey Palmer | Steve Shapiro |
| Michaela Halnon | Peggy Sweeney | Roland Senesac | Janet Brooks | Harold Goldstein |
| Roland Viens | Jim Hillis | Ted George | Sarah Hoerr | David Usher |
| C.W. Krawitz | Chris Ames | Bill Slayton | B. Pfaff | L.M. Welch |
| James Welch | Clorinda Leddy | Lori Myers | Ray Niquette | W. & G Coors |
| Don Rathgeb | Claire Bushnell | Pierce Pepin | Bole Boyer | Laura Hatin |
| Bresc Vlu | Armand Niquette | Pat Niquette | S. Sparkle | April Hewitt |
| Joan Rising | Kathy Counter | Deb Light | Sarita Austin | , Mata Zou |
| Lisa Campbell | U. Hay | John Price | Maureen McNeil | Martin Morrissey |
| Beth Austin | Karen Provost | Linda Sullivan | Carolyn Cohen | Howard Kolter |
| P. L. Dimson | Patty Baker | Jeanne Welch | Marco Trabulsy | Singer Ly |
| Mary Rossi | Brenda McGrath | Joe Viens | Shana Prelde | Elizabeth Murray |
| Genie Bishop | Carolyn Lethieri | Lynn McClintock | D. & J. Heyer | Shelly Goodwin |
| Norman Benoit | Shelly Goodrich | Randy Goodrich | Kathleen Brien | David Brun |
| Don Pierce | Anne Pierce | H. Lapidow | Joan Alden | Dan Hill |
Attendees Who Spoke:
| Cheryl Goldstein | Karin Brooke | Schatzi Brown | Joyce George | Kate Parker |
| D. Fredericks | Buzz Hoerr | Karen Wingate | Ray Aley | Carter Krawitz |
| Joy Hopkins | Chris Ames | Don Rathgeb | Ralph Perkins | Claire Bushnell |
| Armand Niquette | Mary Spalding | Joe Englett | Rick Counter | Gary Swan |
| Dave McGinnis | David Cohen | Stan Bajuk | Adam Hannah | Stephan Petrie |
| Judy Hillis | Robert Luce | Dieter Mulac | Norm Burnett | Sam Sparhawk |
| Kim LaMothe | Steve Oakland | Richard Plath | Marty Hatch | Betty Magoon |
| Brian Costello | Betty Roy | Desiree Trehan | Jacques Bailly | Harlan Lachman |
| Greg Bombardier | Dianne Shand | James Olsen | B. Ducharme | Ralph Perkins |
2. Possible Executive Session
None.
3. Reconvene Meeting/ Pledge of Allegiance
The meeting was reconvened at 7:15 PM at the CHS auditorium and the Pledge of Allegiance was recited.
4. Citizens to be Heard
None
5. Public Meeting
a. Winter Maintenance of Private Roads
MOTION was made by Tom Mulcahy and SECONDED by Herbert Downing to open the meeting.
The MOTION carried 5-0.
These minutes are a summary of the issues raised. A complete audio recording is available at the Town Offices, 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 are posted on the town’s website under the Private Roads heading.
Selectboard Chair Nadine Scibek provided an overview as to why the issue of private road winter maintenance was being considered and the 47 year history of the issue. Some residents have raised concerns about the fairness of some private roads (14 miles) receiving varying levels of snow and ice removal while others do not (27 miles) and the Governance Committee, also known as the Charter Review Committee recommended the Board adopt a formal policy per the Charter amendment passed by the voters in 1997.
Town Manager, Dawn Francis gave an overview of staff and legal counsel research on the issue as requested by the Selectboard. Staff and the Town attorney cite significant legal concerns with the current practice of plowing private roads. These issues include:
• performing work that may be beyond the Town’s authority;
• possible violations of the state constitution;
• the practice shows favoritism and unfair use of Town equipment for private gain;
• significant liability from accidents with Town equipment operating on private roads; and
• possible liability for taking business away from the private sector.
Ms. Francis also mentioned staff concerns with the cost and efficiency of plowing dispersed areas resulting in a reduction in the level of service for maintaining public roads, the difficulty in plowing sub-standard roads and that the Town cannot collect state highway aid to assist in paying for the operations because they are private, not public, roads.
Staff also summarized community concerns expressed to date about the impacts of discontinuing the practice on landowners to include increased costs, concerns about emergency access, whether a reduced road standard could be allowed, and if taxes would be lowered if discontinued. She noted that from some calls and comments to date, many were unaware that the Town was plowing any private roads.
Public comments followed which fell into the following general themes.
• The Town has a legal and/or moral obligation to continue plowing private roads.
• 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).
• The Town’s minimum roadway standards should be reduced to allow public acceptance of private roads.
• Alternate methods of plowing private roads such as public private partnerships and Town managed contracts should be explored.
• Property owners should receive tax rebates if plowing of private roads is discontinued.
• Taxpayers should not be paying for service on private property.
• General confusion over why the Town permits additional development on private roads.
• Buyers purchased property on private roads with the assumption that plowing would continue.
• Lack of availability of private snow removal contractors especially if a decision is made before this winter season.
• Unclear definition of a private road and its effect on future costs to expand private road plowing.
• The Selectboard should take their time and consider public input in deciding this issue, be transparent about their deliberations and consider the difficulty in finding contractors.
At 10:05 PM MOTION was made by Tom Mulcahy and SECONDED by Jeffery Bartley to close public comments.
The MOTION carried 5-0.
6. Consent Agenda
a. Minutes of August 22, 2017
b. Board and Commission Re-appointments to Expiring Terms
c. Colchester Police Department 50th Anniversary Resolution of Recognition
d. Financial Management Questionnaire Review
MOTION was made by Jeffery Bartley and SECONDED by Jacki Murphy to adopt the Consent Agenda as it may have been modified by the Selectboard and to take the actions indicated for each item:
a. Approve the minutes of the Selectboard meeting of August 22, 2017.
b. Re-appoint the following to the specified board or commission for the stated terms, all beginning on October 1, 2017:
Recreation Advisory Board:
1. Ruth Blauwiekel for a 2 year term ending September 30, 2019
2. Adrianne Martin for a 2 year term ending September 30, 2019
Development Review Board:
1. Bert Severin for a one year term ending September 30, 2018
2. Mickey Palmer for a one year term ending September 30, 2018
Board of Ethics:
1. Inge Schaeffer for a 3 year term ending September 30, 2020
Planning Commission:
1. Pam Loranger for a 2 year term ending September 30, 2019
2. Rich Paquette for a 2 year term ending September 30, 2019
Colchester Conservation Commission:
1. Pam Loranger for a 4 year term ending September 30, 2021.
c. Adopt a Resolution in Recognition of Colchester Police Department’s 50th Anniversary
d. Review and approve annual Financial Management Questionnaire prepared by Karen Richard, Town Treasurer, per a memo dated September 5, 2017 from Julie Graeter Assistant Clerk/Treasurer.
The MOTION carried 5-0.
7. Town Manager’s Report
a. For the month of August 2017
Dawn Francis gave the Manager’s Report for the month of August 2017.
8. Additional Business – Manager’s Recommendations
Proposed FY 2019 budget items and schedule were reviewed by the Selectboard with no action taken.
b. Year Round Parks Working Foreman
Ms. Francis noted the Parks Department would benefit from a year round Parks Working Foreman and that it could be accomplished by eliminating two seasonal positions.
9. Informational Items
a. For the Week Ending September 8, 2017
10. Future Agenda Items (Subject to Change)
Monday, September 18, 2017 – Special Meeting, Selectboard Work Session (4-6 PM)
• BTV Airport
• Big Picture Capital Priorities
• Private Roads Discussion of public input
September 26, 2017
• Malletts Bay Scoping - Presentation of Alternatives (1.5 hours - B. Osborne and K. Adams)
• Ordinance Amendment – Recreation Impact Fees – G. Cuttitta and S. Hadd
• Private Roads Winter Maintenance Policy Discussion, Review and Possible Vote on Option
• Charter Change – Elected vs. Appointed Town Clerk/Treasurer
October 10, 2017
• Selection of Preferred Alternative for Scoping Study (1 hour – B. Osborne and K. Adams)
• Bayside Park Master Plan – G. Cuttitta
• Adoption of Private Roads Winter Maintenance Policy
11. Announcements
• Ms. Scibek thanked the Colchester Technical Rescue team members who deployed to Houston in response to Hurricane Harvey.
• She noted that Governor Scott send a letter of congratulations on the 50th anniversary of the Colchester Police Department.
• The decision by the Selectboard regarding the complaint about a vicious dog, Marley, was appealed by Marley’s owner in civil court. The case has not yet been adjudicated.
• The Town prevailed in the case brought against it by All Season’s Excavating.
12. Warrants
a. Action: Warrants #18-07 and #18-08
MOTION was made by Jeffrey Bartley and SECONDED by Jacki Murphy to approve Warrant #18-07 in the amount of $755,199.56 and warrant #18-08 in the amount of $634,083.81.
The MOTION carried 5-0.
13. Adjournment
At 10:30 PM MOTION was made by Jeffrey Bartley and SECONDED by Herbert Downing to adjourn the meeting.
The MOTION carried 5-0.
The meeting was adjourned at 10:30 PM.
Minutes respectfully submitted by Linda Gustainis, recording secretary.