 | MINUTES COLCHESTER SELECTBOARD April 14, 2020 @ 6:30 PM Colchester Town Offices 781 Blakely Road Outer Bay Conference Room, 3rd Floor __________________ |
1. Call Meeting to Order | Roll Call
Chair Jeff Bartley called the meeting to order at 6:30 PM.
Selectboard: Jeff Bartley, Chair; Tom Mulcahy; Jacki Murphy; Pam Loranger; Julie Hulburd
Staff: Aaron Frank, Town Manager; Geoffrey Urbanik, Deputy Town Manager; Seth Lasker, Emergency Management Coordinator; Bryan Osborne, Director of Public Works; Lara Alemy, Director of Finance; Town Attorney Brian Monaghan.
Others in Attendance: John Christian and Robby Mazza of All Seasons Excavating; Toni Mikula and Jane Lazorchak of the State of Vermont Department of Fish and Wildlife
2. Hearing on Appeal of Rejected Unbalanced Construction Bid
Chair Jeff Bartley opened the hearing. All parties were sworn in. John Christian and Robby Mazza provided opening statements for All Seasons Excavating (ASE). Town Attorney Brian Monaghan provided opening statements for the Town. Mr. Monaghan noted that he was representing the Town and testimony was to be given by Director of Public Works Bryan Osborne.
The issue at hand was the potential award of the construction contract for the redesign of the Blakely Road/Laker Lan intersection. The low bidder was All Seasons Excavating, however, closer review by VTrans and Federal Highway made the determination that the ASE bid was unbalanced. The Federal Highway determination was that this bid should be disqualified, as would the second lowest bid, for the same reason. The federal and state reviewers said that federal funding would only be available to the third lowest bidder, Desroches Excavating, as the lowest conforming bid. ASE was protesting the local decision to award to Desroches. The Town’s position was that their hand was forced by the threat to withhold the federal funding, which was the sole source of funding for this project. Without it, the project could not be completed. Per the bid documents, the Selectboard was to hear the protest and make a decision within 30 days.
Mr. Christian and Mr. Mazza explained that previous ASE bids submitted in the same fashion had been awarded with no objections by Vtrans and other towns. He noted that similar bids can be found online at the State’s website. He objected to the finding that his bid was unbalanced and therefore rejected.
Mr. Osborne noted that the Town did not have any objection to Mr. Mazza’s bid, and had recommended to the State the bid be awarded to ASE. However, the Federal Highway and VTrans rejected that recommendation. Federal regulations tie federal funding to concurrence with the award. This meant that if the Town wanted the federal funding, it had to select a contractor and bid with which federal and state government would concur. His recommendation was therefore that Desroches had to be the contractor, because that is who the funding entity would concur with.
There was a brief question and answer with the Selectboard. The Selectboard offered to receive draft decisions from both parties no later than by April 21st. The Selectboard would participate in deliberative session to discuss the outcome. Chair Bartley closed the hearing.
3. Public Hearing
a. Amendments to Colchester Code of Ordinances, Chapter 18 Stormwater –Bryan Osborne, Director of Public Works
Bryan Osborne gave a brief presentation on the changes to the Storm Water ordinance.
b. Amendments to Colchester Code of Ordinances, Chapters 1, 4, 7, and 9 – Seth Lasker, Emergency Management Coordinator
Seth Lasker provided an explanation of the changes to the Emergency Management Ordinance and how they were modified with the institution of the new town-wide fire department.
MOTION was made by Tom Mulcahy and SECONDED by Julie Hulburd to close the public hearings.
The MOTION carried 5-0
4. Citizens to be Heard
None
5. ACTION | Consent Agenda
a. Minutes of Selectboard Special Meeting, March 17, 2020
b. Minutes of Selectboard Special Meeting of March 31, 2020
c. Annual Confirmation of Town Road and Bridge Standards for Certification of Compliance
d. Annual Certification of Town Highway Annual Financial Plan
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to adopt the Consent Agenda as it may have been modified by the Board and to take the actions indicated for each item:
a. Approve the Selectboard Minutes of the Special Meeting of March 17, 2020
b. Approve the Selectboard Minutes of the Special Meeting of March 31, 2020
c. Annual Confirmation of Town Road and Bridge Standards for Certification of Compliance
d. Annual Certification of Town Highway Annual Financial Plan
The MOTION carried 5-0.
6. ACTION | Special Business Items
a. Vermont Department of Fish and Wildlife Potential Land Acquisition
Toni Mikula and Jane Lazorchak of the Department of Fish and Wildlife explained the State’s proposal to purchase the Fitzgerald farm near Pine Island with a plan for wildlife habitat and stormwater quality.
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to support the proposed purchase of 124 acres adjacent to the Winooski River, as part of the
Intervale WMA, currently owned by the Fitzgerald family, by the State Fish and Wildlife Department per a memo from Geoffrey Urbanik, Deputy Town Manager dated March 26, 2020.
The MOTION carried 5-0.
b. Adoption of Amendments to Code of Ordinances, Chapter 18 Stormwater
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger: The Colchester Selectboard, having held a public hearing, moves to adopt the amendments to the Colchester Code of Ordinances, Chapter 18 Stormwater per the following Certificate of Amendment and a memo dated April 14, 2020 from Bryan Osborne, Director of Public Works.
The MOTION carried 5-0.
c. Authorization for Use of Electronic Signatures
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to authorize the use of an electronic signature when individual members are unable to provide an in-person signature for necessary documents, following the approval of said documents as an action or quasi-judicial determination of the Selectboard per a
memo from Geoffrey Urbanik, Deputy Town Manager dated March 26, 2020.
The MOTION carried 5-0.
d. Adoption of Amendments to Code of Ordinances, Chapter 1, General Provisions; Chapter 4, Building Code and Building Construction Ordinance; Chapter 7, Fire Prevention and Protection Ordinance; and Chapter 9, Offenses and Miscellaneous Provisions
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy: The Colchester Selectboard, having held a public hearing, moves to adopt the amendments to the Colchester Code of Ordinances, Chapter 1, General Provisions; Chapter 4, Building Code and Building Construction Ordinance; Chapter 7, Fire Prevention and Protection Ordinance; and Chapter 9, Offenses and Miscellaneous Provisions; per the following Certificate of Amendment and per a memo from Seth Lasker, Emergency Management Coordinator dated April 8 2020.
The MOTION carried 5-0.
e. Adoption of Business Card Resolution
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to authorize a
Resolution to amend a Credit Agreement with People’s United Bank to increase the Town’s credit limit to $80,000 according to the purposes stated in a memorandum by Deputy Town Manager Geoff Urbanik dated April 7, 2020.
The MOTION carried 5-0.
f. Deadline Waivers for Licenses, Permits, Programs or Plans
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to authorize the Town Manager, Deputy Town Manager, and all Town of Colchester Department Heads, or their duly authorized designees, to extend or waive as reasonably necessary any and all deadlines applicable to any license, permit, program, or plan within the purview of their respective Town departments, because of significant and unprecedented staffing challenges during the current Declaration of Emergency declared by Governor Phil Scott on Friday March 13, 2020 by Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out, under the authority of Section 8 of Act 92 of the Vermont Legislature, signed by Governor Phil Scott on March 30, 2020, per a memo from Aaron Frank dated March 6, 2020.
The MOTION carried 5-0.
7. Adjourn to Meeting of Board of Sewer Commissioners
MOTION was made by Pam Loranger and SECONDED by Jacki Murphy to adjourn to the meeting of the Board of Sewer Commissioners.
The MOTION carried 5-0.
See separate Minutes for Board of Sewer Commissioners meeting.
8. Licenses and Petitions
a. Peddlers License for Gary Hathaway d.b.a. Mr. Ding-a-Ling
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to approve a Peddlers License for Gary Hathaway d.b.a. Mr. Ding-a-Ling Ice Cream.
The MOTION carried 5-0.
b. Amusement License for Peter Handy d.b.a. Sunset Drive-In
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to approve an Amusement License for Peter Handy d.b.a. Sunset Drive-In, 155 Porters Point Road, Colchester; conditional on lifting of the social gathering ban imposed by the State of Vermont.
The MOTION carried 5-0.
c. Amusement License for Bowl New England d.b.a. Spare Time
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to approve an Amusement License for Bowl New England d.b.a. Spare Time, 215 Mountain View Drive, Colchester.
The MOTION carried 5-0.
9. Town Manager’s Report
a. Town Manager’s Report for March 2020
Aaron Frank noted the report was quite long, but the departments had been working hard during this state of emergency and he wanted to highlight some items from each:
Assessor:
• Conducting annual field review without interior inspections
• On schedule to complete Grand List for the elected Listers in late May
• Preparing to conduct appeal hearings using video or call conferences
Economic Development
• Before the Stay Home order began in early March, met with a developer and toured four Fort locations that are intended to be offered for sale
• Working with local beverage manufacturer on expansion plans
Town Clerk
• Winner for the “Your Dog is #1”Contest was canine Raeka of Village Dr. Thanks to the local businesses that donated to the gift basket items: Robin’s Nest Massage, VT Nut Free Chocolates, Malletts Bay Veterinary Hospital, and the Pet Advantage
Planning and Zoning
• With remote working we have lost very little in functional services. Now holding pre-construction and Technical Review Committee meetings via remote software
• 14 permits issued in March for $2.8M in value
Public Works
• Continued design on Prim/West Lakeshore drive intersection
• Continue many stormwater projects including phosphorous control, Lower Mountain View Drive and Shore Acres
Parks and Recreation
• Summer camp preparations are taking place considering modifications
• Physical distancing signage has been placed in parks
• Paused construction on Causeway per governor’s order. It won’t be ready for opening on schedule and we still have gate shut
• Reduced staffing in parks; there are fewer than half to comply with distancing, so please excuse lack of trash cans, restrooms, and some unmaintained areas
Colchester’s Burnham Library
• Providing staffing via phone, email, and chat to help with digital collections
Rescue
• Adjusting staffing, services and protocols due to COVID-19
• Purchasing medical and protective equipment through private sources and making request for state and federal-provided equipment for Colchester Rescue, other local emergency services, and the County EMS District
• Assisting other Town departments with advice about services and protections for the public and employees
Police Department
• CPD continues to apply their Continuity of Service plan in response to the pandemic. Difficult for a department that is accustomed to close social interaction with the community and they’ve had to temporarily suspend some services such as Meals on Wheels delivery, applicant fingerprinting, and car seat inspections.
• Thankfully calls for service over the past month have been down by as much as 30%. However in the past week there has been an increase in disturbance related calls as well as people in drug and mental health related crises. CPD continues to work with the Community Outreach workers who are physically distancing at home until called to assist in the field
Fire Department
• Holding interviews for Career Captain
• Providing advice and significant coordination for the three departments on protective equipment use and ordering
• Making policy about when and how to respond to a rescue call to help when needed but not expose firefighters to virus
• Drafting operations manual for career and volunteer firefighters
• Advising on common policies and procedures
• It is incredibly helpful to have a fire chief for the entire town during the current emergency and we thank Chief Bourgeois for his service
Town Manager’s Office
• Emergency Management Meetings are constant and ongoing regarding national, state, and local response to the public health emergency
• Loaned Emergency Management Coordinator Seth Lasker to the State to help with statewide operations. He calls daily and we email in the early morning so he is still connected and helping in town. We are one Vermont and right now we can afford for him to be away
• Assisting with procurement of supplies for Rescue
• Advocating for medical supplies with federal legislative delegation on behalf of all Chittenden County rescue and ambulance providers
• Deferred all capital purchases; implemented hiring freeze outside of critical areas; implemented operating cost freeze outside of essential items
• Updated annual Emergency Management Plan
• Completed and implemented continuation of operations plans for all Town departments
• Created special web page on COVID-19 and Town services including human services, mental health, business information and volunteer opportunities
• Extended format for weekly Manager’s Messages in Town newsletter
• Ongoing special social media posts with COVID messages
• Developed and sent out flyer for Town residents
b. Financial Report for February 2020
Finance Director Lara Alemy provided the February financial report.
10. Additional Business | Manager’s Recommendations
a. Action: Appointment of Fire Warden
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to appoint Fire Chief Stephen Bourgeois as the Fire Warden for the Town of Colchester for the
remainder of the current term ending June 30, 2021 per a memo from Geoffrey Urbanik, Deputy Town Manager, dated April 6, 2020.
The MOTION carried 5-0.
11. Informational Items
a. Week Ending April 10, 2020
12. Future Agenda Items (Subject to Change)
13. Announcements
• Please continue physical distancing, essential travel only, local recreation, and wearing a mask when around others outside of home. We are making a difference but we have to keep it up. Please be patient. We do have an organized COVID response plan here in Vermont and it is working.
• Thank you to all the first responders and essential employees from store clerks, nurses, doctors, police, fire and rescue. You are all heroes Thank you!
14. ACTION | Warrants
a. Action: Warrants #20-28 and #20-29
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd to approve Warrant #20-28 in the amount of $758,073.30 and #20-29 in the amount of $468,091.87.
The MOTION carried 5-0.
b. Executed Warrants #20-27 (Information only)
15. Executive Session
a. Personnel, Contracts and Litigation
MOTION was made by Jacki Murphy to find that premature general public knowledge of contracts, personnel and litigation would clearly place this Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses the contracts, personnel and litigation in public.
MOTION was made by Jacki Murphy and SECONDED by Julie Hulburd that the Selectboard enter executive session to discuss contracts, personnel and litigation under the provisions of Title 1, Section 313 (a)(1)(a) and (b) of the Vermont Statutes, Executive Sessions; and personnel under the provisions of 1 V.S.A. § 313(a)(3), Executive Sessions.
The Motion carried 5-0.
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to exit the executive session at 9:20 pm.
The Motion carried 5-0.
16. Adjournment
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to adjourn the meeting.
The MOTION carried 5-0.
The meeting was adjourned at 9:20 pm.