DRAFT MINUTES
 | DRAFT MINUTES COLCHESTER SELECTBOARD August 4, 2020 @ 6:30 PM Colchester Town Offices 781 Blakely Road Outer Bay Conference Room, 3rd Floor __________________ |
1. Call Meeting to Order | Roll Call | Pledge of Allegiance (6:30 PM)
Chair Jeffrey Bartley called the meeting to order at 6:32PM.
Selectboard: Tom Mulcahy, Jeffrey Bartley, Jacki Murphy, Pam Loranger. Julie Hulburd attended by phone.
Staff: Aaron Frank, Town Manager; Colchester Police Chief Douglas Allen, CPD Sgt. Mike Akerlind, Rescue Chief Scott Crady.
Others in Attendance: Jeff Cook, Howard Community Center Outreach; Colchester Rescue members Mike Voity and Ian Kilburn See sign in for more.
Vice Chair Tom Mulcahy lead the Pledge of Allegiance.
2. Citizens to be Heard
Selectboard Chair Bartley announced that in light of the COVID-19 pandemic we have an additional process for Citizens to be heard: Residents are welcome to attend the meeting or alternatively send a note to TownManager@colchestervt.gov with “Citizens to be Heard” in the Subject line and their name and address in the body of the email. The email will be shared with the entire Selectboard prior to the meeting and included in the information packet at the next meeting (as the information packet for the current meeting is sent out along with the agenda).
3. ACTION | Consent Agenda
a. Minutes of Selectboard Meeting on June 23, 2020
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 June 23, 2020
The MOTION carried 5-0.
4. Special Business Items
a. Selectboard Operating Guideline Policy Review |Chair Bartley
Selectboard Chair Bartley noted the Board had a policy for its operations and explained that there were two members who were not part of the Board when it was voted on. Town Manager Frank explained that it was helpful for inquires and request of Town staff and department heads to go through him so that he could coordinate work and that it was helpful for the Selectboard to agree on the collective outcome of vote of the Board for the Town to work collaboratively together.
b. Presentation by Colchester Rescue |Chief Crady, Mike Voity and Ian Kilburn
Colchester Rescue Volunteer Members Ian Kilburn and Mike Voity thanked the Selectboard and the Town Manager for their support of Colchester Rescue during this difficult time and presented the Town Selectboard with Rescue hats and Rescue challenge coins that were purchased by the Colchester Rescue Volunteer Association. Jacki Murphy thanked the rescue squad for their extraordinary service during these difficult times.
c. Information: Colchester Police, General Order 15# Use of Force |Chief Allen and Sergeant Akerlind
Colchester Chief Allen noted that two months ago he outlined the Colchester Police Department’s culture by highlighting four critical areas: recruiting and selection of high quality police candidates; training; promotion of maintenance of correct culture by personnel; and a written policy system which serves to keep the police department operating in service to the community. He further explained how the system of policy updating by the Selectboard last month requires the police officers to report wrongdoing by officers and to intervene if they witness other officers violating the policies.
CPD Sergeant Akerlind discussed the area of use of force by police and the policies and training in place for CPD officers. He is a master instructor on use of force in the Vermont Police Academy. He explained that the courts determined that the use of force must be based on an objective standard of reasonableness. The police officers’ actions are based on their judgement at the time of the incident in consideration of the severity of threat to themselves or others and the nature of situation.
He explained that the only reason to use force is to facilitate control of a situation. It is not used to punish or harass. Only the level of force that is necessary is used. He explained that police have many tools to control the situation: by voice and by having other officers present; force should be used only when necessary. He explained that neck restraints as a technique to control non-compliant people are not taught to police officers in Vermont. He emphasized that de-escalation of a situation is taught as the preferred means of gaining control of a situation.
Sgt. Akerlind explained that CPD trains several times during the year on “open hand” use of force techniques and at least four times a year on the use of firearms. This is a greater frequency than other police departments in Vermont. He discussed ability, opportunity, and jeopardy as components that must be necessary before using lethal force. He also discussed prohibited uses of force for CPD officers including neck holds, the use of warning shots, and shooting at a moving vehicle.
d. Information: Colchester Police, Howard Community Outreach Program |Chief Allen and Jeff Cook
Chief Allen introduced Jeff Cook, who was one of the initial outreach workers from Howard Human Services and now a supervisor for the Community Outreach team. He explained the experience and credentials of the five members of the team which serves seven communities in Chittenden County.
Mr. Cook described their assistance to anyone with unmet social needs such as insecure housing, mental health challenges, or people dealing with substance abuse disorder. People requiring their services are accessed by the team members in a variety of ways including directly accompanying a police officer at the time of a crisis or being referred later by police, medical facilities, or from other sources. He described their challenges during the height of the Covid-19 pandemic and provided statistics to the board regarding the number of people they have assisted in the county and in Colchester.
e. Action: Appointment of Recreation Advisory Board Member
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to appoint Glenn Cummings to the Recreation Advisory Board for the remainder of a three year term, previously held by Julie Hulburd, to begin July 28, 2020 and end September 30, 2021.
The MOTION carried 5-0.
f. Action: Motion to cancel August 11 meeting and authorize Town Manager to sign warrants
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to cancel the Selectboard meeting on Tuesday, August 11, 2020 and to authorize Aaron Frank, Town Manager, to sign the warrants.
The MOTION carried 5-0.
g. Action: Order Requiring Masks in Town-owned and Controlled Buildings
Town Manager Frank noted that the action was a proposed mask order to require masks be worn in Town-owned or controlled buildings where Town staff or volunteers work. He said that the Governor’s most recent order both negates the need to vote on this issue and removes the Selectboard’ s authority to vote on it.
He explained that he wrote the order prior to the Governor’s latest mask order and had previously issued an order, but given that COVID is dragging on it seemed beneficial for the Selectboard to re-issue the order.
h. Discussion: Masks in Indoor Public Places
The Selectboard wanted to have a discussion about this since we have had residents ask about the requirement to mask. Tom Mulcahy encourages the pubic to wear masks whenever possible in public. Jacki Murphy seconded the sentiment. Jeffrey Bartley explained a situation he observed where a business chose not to serve someone who did not wish to wear a mask but that everyone behaved respectfully.
5. Adjourn to Liquor Control Commissioners Meeting (See separate agenda)
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to temporarily adjourn the Selectboard meeting and convene a meeting of the Colchester Liquor Control Commission.
The MOTION carried 5-0.
6. Additional Business | Manager’s Recommendations
a. Bowling Tournament - Pin Presentation
Town Manager Frank presented the 2019 annual Selectboard/Staff Bowling Tournament Pin to the Selectboard.
b. Action Refinancing of 2016 Ladder Fire Truck
Town Manager Frank explained that Colchester Fire District #2/Malletts Bay Fire Department transferred their fire assets to the Town for $1 since the more recent assets were acquired with Town funding. That transfer also included the acquisition of their debt on two fire trucks. After discussing this with the lenders and CFD#2 we have determined it would be easier—and more cost effective--for the Town to simply refinance both trucks. On the 2016 ladder, this will save almost $17,000 over the life of the agreement. This is a lease purchase agreement and the Town’s property is not pledged for the loan, merely the fire truck, so the Selectboard is the body from which such permission is required.
MOTION was made by Jacki Murphy and SECONDED by Pamela Loranger to authorize the signing of a resolution which will permit the refinancing of a 2016 Ladder Fire Truck Acquired from Colchester Fire District #2 through a tax exempt lease purchase agreement with Capital One Public Funding, LLC as outlined in a Memo dated July 3, 2020 by Town Manager Aaron Frank.
The MOTION carried 5-0.
c. Colchester Town Activities – June 2020
Town Manager Frank explained that as noted in the six page report, Town staff has been busy in the last month. The three month furlough of 50% of staff, except for public safety, concluded Monday August 3rd. Public Works is about three months behind on community requests so patience is requested. Half of the library staff remains furloughed as our homey Burnham library is wonderful but it doesn’t lend itself very well to physical distancing. However, we have four library staff doing online and curbside lending with more books being lent out than before Covid.
d. Pictures of Progress – June 2020
Town Manager Frank shared pictures of progress highlighting the library, the Village Ppark Story Walk, the Causeway, new pickleball courts, retired Selectboard member Herb Downing, the town-wide fire stations’ stormwater projects, traffic congestion that signals return of economic activity and New England Federal Credit Union’s new space on Lower Mountain View Drive.
7. Informational Items
a. Week Ending August 4, 2020
8. Future Agenda Items (Subject to Change)
· August 25, 2020
o Approval of FY 21 Capital Budget
9. Announcements
Town Manager Frank announced that:
· Communications Specialist—Dispatcher John Sirois has completed his training program and is cleared to work as a solo dispatcher.
· Sharrow Circle Health Violations: The Town was awarded fines of $27,300 and a bond of $20,000 from Sisters and Brothers as a result of a violation by the Town Health officer over a year ago which was appealed to the Selectboard who upheld the health officers’ decision. The significant building and health violations were not fixed so the Town went to the courts to seek enforcement.
· Welcomed CPD officer Christian Mellon who left CPD about a year ago to move out of state for family reasons. Officer Mellon re-applied and was reinstated as of July 24. Welcome back officer Mellon to the CPD and Town family.
· Colchester Parks & Recreation is offering Summer Camp Extension for two weeks for grades 2 – 6 at Bayside Park from 8:00 am – 4:00 pm for the weeks of August 17 – 21 and August 24 – 28. Registration is open for residents now at a cost of $175. The week-long camp will be filled with a variety of weekly games, arts and crafts, gaga ball, swimming at Bayside Beach!
Chair Bartley offered congratulations to the following Colchester companies for being selected to the Vermont Business Magazine’s 2020 Best Places to Work in Vermont. There were 51 total awards given and Colchester is proud to boast 5 of the winners!!
1. Champlain Community Services
2. Edward Jones
3. Green Mountain Power
4. NuHarbor Securities
5. Vermont Information Processing
Chair Jeffrey Bartley made a statement:
To the residents of Colchester, town staff, and fellow Selectboard members:
The last 7 years have been an absolute pleasure. There hasn’t been a moment where I’ve not enjoyed representing all Colchester residents as a member of the Colchester Selectboard. In 7 short years I’m proud of the accomplishments this board has made as a team.
1. We rebranded Colchester with bright, vibrant colors highlighting the town as a recreation destination and a community eager to look forward to new opportunities.
2. We’ve passed a local option tax which has positioned Colchester to embark on the long-awaited Community Center while also protecting our Bay and many other future projects. The LOT has also kept our property taxes lower than 2013.
3. The town of Colchester has worked hard at Government efficiencies. Land records are now available online and due to the modernization of our permits and processes over the last decade, it was much easier to switch to remote services in this difficult time
4. We have made enormous gains in energy efficiency, changing out our street lights to LEDs. Now 2/3rds the municipal power consumption is now provided by two beautiful solar fields -- further propelling Colchester as leader in environmental protection.
5. Speaking of environmental protection, we now have a stormwater utility, one of only a handful in the state. Colchester continues to be a leader on this front. With 27 miles of shoreline, we must remain vigilant in our efforts protecting the Malletts Bay. It is our most valuable social, economic, and environmental resource.
6. We’ve made monumental strides on the Colchester Community Center! Thousands of hours have been poured into that by staff and it will be a true gem in our community. This has been an action item for what seems like decades and its great to see the first steps of final design of the spaces at the Hazlett Property coming to fruition.
7. Finally, I am extremely proud of efforts to merge our three fire departments into one unified department. This is a huge testament dedication of the Selectboard and the hard work of the Town Administration and leaders in the first responder community including Seth Lasker and Steve Bourgeois.
Unfortunately, the economics of Chittenden County and the prospects as a first time home buyer has its challenges. Ashley and I have been on the hunt for a year now for a home in Colchester but the barriers remain too high. Thus we expanded our search outside of Chittenden County. We’re happy to share we’ve found a home, a new construction with lots of land for George and our dog to explore in Fairfax.
Regrettably, this means my residency is coming to a close in Colchester. I am announcing that on August 26th, I will be resigning from the Selectboard. I share this early for the board is about to embark on a budget process while also aiding Aaron as he navigates the town staff through the challenges of COVID-19. Starting the process of a replacement sooner is important.
I will miss working closely with Aaron Frank, our Town Manager, who thankfully will be with us for four more years (at least!). I also send thanks to Geoff Urbanik, Deputy Town Manager, and former Town Manager Dawn Francis for being amazing partners over the years. The Colchester Town Staff is a huge asset to the community. I’ve enjoyed watching each and every staff member bring an entrepreneurial drive and a passion to the community to work every day. Thank you for your dedication to Colchester.
Most of all, I’m going to miss my fellow board members. It seems like just yesterday that I was approached and asked to help Tom Mulcahy run for the Selectboard in 2013. Little did I know the success of that campaign would light a fire under me to serve myself. Since then, I’ve forged lasting friendships and have lifelong memories to reflect on with Pam Loranger, Herb Downing, Nadine Scibek, Marc Landry, Jacki Murphy, Julie Hulburd, and of course, Mr. Tom Mulcahy.
Finally. I want to thank the residents of Colchester for putting their faith in me as one of five representatives on the Selectboard. It’s been great to engage with thousands of residents over the years. It’s truly an honor.
I wish everyone the best in the future and I look forward to projects coming down the pipe! There may be a few towns between us physically, but I am just a phone call away. Thank you.
10. ACTION | Warrants
a. Action: Warrants #20-39 and 21-03
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to approve Warrant #20-39 in the amount of $69,836.93 and @21-03 in the amount of $180,646.01.
The MOTION carried 5-0.
11. Possible Executive Session
a. Contracts, Personnel and Litigation
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger 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 and litigation in public.
MOTION was made by Jacki Murphy and SECONDED by Pam Loranger that the Selectboard enter executive session to discuss contracts 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 Executive Session.
The MOTION carried 5-0.
12. 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 8:17 PM.
* Select Board Meetings may be viewed on Channel 17 on Mondays at 7:00 p.m. & Tuesdays at 6:00 a.m.
Attendance in an executive session shall be limited to members of the public body and at the discretion of the public body, its staff, clerical assistance and legal counsel and persons who are subject of the discussion or whose information is needed. If the Agenda items are not complete at 10:00 p.m., the Select Board shall take a vote as to whether to continue or recess the meeting until the following Friday at 6:00 a.m. for the purpose of reconvening and completing the remaining business items.
In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the Town Manager’s Office at least 24 hours prior to the meeting at (802) 264-5500, TDD 1-800-253-0191 (text/telephone), 1-800-253-0195 (voice).
DRAFT MINUTES