MINUTES

COLCHESTER SELECTBOARD

January 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.

 

2.         Selectboard: Jeff Bartley, Chair; Tom Mulcahy; Herb Downing; Jacki Murphy; Pam Loranger

Staff: Aaron Frank, Town Manager; Geoffrey Urbanik, Deputy Town Manager; Sarah Hadd, Director of Planning & Zoning

Others in Attendance: Thomas Coleman; Marilyn Sowles; Ralph Perkins; Rich Paquette; G. Mark Birch; Julie Hulburd; Carol Reichard; Clinton Reichard; Theresa Carol; Sarita Austin; Pat Brennan; Jack Scully; Brian Costello; Scott Wood; Buzz Hoerr; Mark Tarinelli; Spencer Sherman; Robert Scheck; Nic Longo; Stacey Mercer; Avalon Ashley, Colchester Sun; Betsy Terry; Rachel Stringer; Wayne Davis.

 

3.         Pledge of Allegiance

Chair Bartley lead the Pledge of Allegiance.

 

4.         Public Hearing

a. FY 2021 Budget – Geoffrey Urbanik

 

Geoffrey Urbanik, Deputy Town Manager, gave a brief introduction presentation on the budget:

 

The Operating Budget is comprised of twenty-five service categories. The expenses of eight of these service categories have been reduced and sixteen have increased. Before factoring in non-tax revenues, the operating budget increase is 0.0%.

 

Changes are comprised of:

·       Fire services: create a town-wide fire department with a paid full time fire chief and three full time firefighters to provide weekday daytime coverage, increasing by $207,428

·       Use of $175,000 in fund balance to offset the impact of these new expenses in the first year

·       Rescue: Creation of a Rescue Enterprise Fund that moves all expenses and non- tax revenues out of the General Fund

·       Respects that Rescue generates 74% of its own revenue and is a significant cost center with a total budget of $760,645.

·       This allows rescue to better respond to market conditions by staffing up and down according to call volume vs a budget set 9-21 months in advance

·       Police: Community Mental Health/Social Services by $20,000, for a total of $40,000

·       Public Safety Dispatch: due to the loss of contract revenue Colchester’s contribution to its public safety dispatch must increase by $89,064 to keep up with community calls

·       Green Mountain Transit: Transportation for Persons with Disabilities has increased by $22,821 due to service cost increases as well as an increase in community needs.

 

Capital Funding

The Tax rate is also impacted by previously authorized voter approved taxes to support capital projects, which are fixed dollar amounts, fixed tax rates, or long term financing. These total $1,597,348. Local option taxes fund bond/lease purchase payments of $502,314, leaving $1,095,034 to be raised from property taxes. The certainty of capital funding through multi-year authorizations allows us to maximize grant revenues and minimize borrowing for planned replacements of vehicles, equipment, and capital repairs to parks, roads and buildings. The property tax funded capital is $1,095,034 and increased by $10,583 or 1% from last year.

 

Tax Rate

The Operating Budget and Capital Funding total $12,033,452, net of non-property tax revenues. This is an increase of 2.2% ($260,428) over FY 2020. With an estimated 1.18% growth in the Grand List, the estimated municipal tax rate for FY 2021 is $0.5485. The tax rate is estimated to increase by $0.0056 (a little more than one half of one cent) or a 1.02% increase over the prior year.

 

b. IT and Communications Capital Plans Renewal – Geoffrey Urbanik, Deputy Town Manager

 

The Deputy Town Manager also presented an overview of the Technology and Communications Reserve funding questions:

 

Technology Capital Plan

·       $35,000 annually; 0.0016 on the tax rate

·       Supports regular replacement of servers, firewalls, and back-up devices; desk tops, lap tops, and tablets for staff, elected officials, and volunteer boards; public use and special purpose programs; email systems; mobile terminals for public safety

 

Communications Capital Plan

·       $25,500 annually; 0.0012 to the tax rate

·       Supports Town-wide phone system, digital phones, base stations and repeaters, for Police, Fire, Rescue, Public Works, and Parks

 

Chair Bartley asked if there was any public comment on these items, but there was none.

 

5.         Citizens to be Heard

None

 

6.         ACTION | Consent Agenda

a. Minutes of Selectboard Meeting of December 10, 2019

b. Approval of Certificate of Highway Mileage

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 December 10, 2019

b. Approve Certificate of Highway Mileage

 

The MOTION carried 5-0.

7.         ACTION | Special Business Items

a. Planning Commission Report on Wastewater Solutions – Sarah Hadd, Planning Commission Members

 

Sarah Hadd and Rich Paquette presented the Planning Commission’s report on recommendations for solutions to the Malletts Bay Wastewater issue.

 

Sarah Hadd introduced the Planning Commission, and explained the Selectboard’s charge to the Commission following town meeting last year. Sustained level of human waste has been an issue in the inner bay that goes back to the 1966 town plan, work was done on a proposed sewer project in 1999, the work following that which led to the 2019 project proposal that began under Fire District 2, but was narrowly defeated.

 

Ms. Hadd explained the 2019 progress of the PC outreach process. Four solutions were evaluated: land conservation – primarily through zoning changes and property buyouts; community septic utilizing the only town-owned parcel in the area, which was the Bayside-Hazelett property; the sewer as proposed; and no action.

 

Findings and conclusions

 

There were misperceptions of enforcement capabilities. State law did not allow on- site inspections, and the remedy for a violation was largely unenforceable locally. Court orders were needed which were expensive, time consuming and not always effective.

 

The majority of participants in the process did not debate the pollution problem. This is an acknowledgment that pollution concerns were widely agreed upon.

 

Not all community members are aware of the Town’s comprehensive water quality improvement initiatives. Some folks felt the Town wasn’t putting enough resources into storm water, when in fact the new utility has been active for several years and accomplishing quite a lot, and prior to that several projects were also completed.

While the scope of the problem has been questioned, more specific testing as to what properties have deficient systems is not feasible. It is not probable to further isolate problem properties.

 

A land conservation option would be the most expensive option and would not address the entire Inner Bay.

 

The community septic solution may yield close to the flows needed to sustain the Inner Bay but would introduce a wastewater treatment plant with ongoing liabilities immediately adjacent to the Bay and is the second most costly with estimated construction costs exceeding $17 million.

 

The sewer option would address the entirety of the Inner Bay and could maintain and improve water quality for both current and future land use and site conditions as all sources of human wastewater pollution would be removed from the area. Estimated construction cost $14 million.

 

Rich Paquette stated that this began nine months ago, and public brought more questions, but this was a group effort and the Planning Commission came together to support these conclusions.

 

Jeff Bartley noted that the Friends of Malletts Bay group has presented an alternative report to the Selectboard. The Town Manager will take a look, and the Selectboard will consider this at a later date.

 

Herb Downing asked Rich Paquette if there was a difference of opinion on the Planning Commission – is it one voice? Rich Paquette said that the commission members discussed this amongst themselves, not 100% agreement on all items but all were in agreement on the conclusions presented.

 

Herb asked if aggressive enforcement of septic compliance would work – but would this need to be done in the legislature. Sarah Hadd said she would like operating permits with inspection capability. There was a discussion in resources required and authority needed, maybe a charter change, but enforcement just unveils the problem, not solve it.

 

Tom Mulcahy explained that he would appreciate having one contact with the Friends of Malletts Bay group, to make one person the point for any requests back and forth, and for any policy issues or comments on these reports to go to the Selectboard.

 

He added the Selectboard will evaluate what has been proposed, will drive to find solution, hopefully all of this information will help arrive at proper solution for Malletts Bay.

 

Sarita Austin said that the sewer issue not only a health issue but an economic issue for Colchester. Clean water supports tourism, Lake Champlain is a key attraction, and can be affected by poor water quality.

 

Clinton Reichard stated that we’re supposed to find solution to problem but the state won’t let us go on to properties to see if these are working or not? If not, we can’t do anything about it failing septics?

 

b. Approval of FY2021 Budget

MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to approve the draft FY 2021 General Fund Operating Budget to be placed on the March 3, 2020 ballot for voter approval per a memo dated January 8, 2020 from Geoff Urbanik, Deputy Town Manager.

 

The MOTION carried 5-0.

 

c. Approval of Funding Questions for IT and Communications Capital Plans

MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to approve the following Article language to be placed on the ballot for the March 3, 2020 Town Meeting to reauthorize the Information Technology and Communications Capital Plans:

 

ARTICLE

“Shall the Town of Colchester reauthorize the Selectboard to maintain a reserve fund accumulating annually in the amount of Thirty-Five Thousand Dollars ($35,000) for a period of five years, for the purpose of financing technology replacements and upgrades?”

 

ARTICLE

“Shall the Town of Colchester reauthorize the Selectboard to maintain a reserve fund accumulating annually in the amount of Twenty-Five Thousand, Five Hundred Dollars ($25,500) for a period of five years, for the purpose of financing telephone and radio replacements and upgrades?”

 

The MOTION carried 5-0.

 

d. First Reading of Planning and Zoning Supplement 42 and Warn Public Hearing – Sarah Hadd

 

Sarah Hadd explained that this was mostly housekeeping updates to this ordinance, including zoning amendments on Mallets Bay Avenue, and other similar changes.

 

MOTION was made by Jacki Murphy to approve for first reading the amendments to the Colchester Zoning and Subdivision Regulations identified as Supplement 42 summarized in the attached memo and summary of amendments dated December 19, 2019 from Sarah Hadd, Director of Planning and Zoning, and to warn a public hearing for February 11, 2020.

 

The MOTION carried 5-0.

 

e. Adoption of Town Road and Bridge Standards

 

Aaron Frank explained that these State standards are already in place in Colchester, but approving this form keeps the Town eligible for certain grants.

 

MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to confirm that the Town’s current codes and standards are consistent with the State’s minimum Town Road and Bridge Standards and sign the provided Town Road and Bridge Standards adoption form in accordance with Vermont State Statute, Title 19,

Chapter 3, § 309b per a memo dated January 8, 2020 from Amanda Clayton, PE,

Town Engineer.

 

The MOTION carried 5-0.

 

8.         Town Manager’s Report for December 2019

Aaron Frank highlighted an item from each department’s monthly report.

 

9.         Additional Business | Manager’s Recommendations

 

10.       Informational Items

a. Week Ending January10, 2020

 

11.       Future Agenda Items (Subject to Change)

January 28, 2020

·       Fire Department Update

·       Public Hearing – Public Housing – Amy Demetrowitz and Kirsten Merriman Shapiro, Champlain Housing Trust

·       Public Hearing – Chapter 13 Amendments – Bryan Osborne

 

February 11, 2020

·       VLCT Presentation

·       Public Hearing for Planning and Zoning Supplement 42

·       Board of Sewer Commissioners: Stormwater Budget First Reading for Public Hearing on March 24, 2020 - Karen Adams

·       Board of Liquor Commissioners – License Renewals

 

February 25, 2020

·       Auditors Present Audit Report

·       Board of Liquor Commissioners – License Renewals

 

March 10, 2020

·       Organizational Meeting

·       Board of Sewer Commissioners: Public Hearing Stormwater Budget

 

12.       Announcements

Pam Loranger announced that a Bayside/Hazelett presentation by the Conservation Commission would be held on Monday, January 20, 2020.

 

Tom Mulcahy asked if the state’s sewer grants were still available, and Aaron Frank replied that they were but delays brought inflation considerations, so we were not sure how much was still available to the town.

 

Aaron Frank announced that both Fire District 2 and Fire District 3 signed agreements to move forward with a town-wide fire department and we’re now working with St. Michael’s Fire and Rescue to finalize their agreement.

 

13.       ACTION | Warrants

a. Warrants #20-19 and #20-20

MOTION was made by Jacki Murphy and SECONDED by Pam Loranger to approve Warrant #20-19 in the amount of $748,045.19 and #20-20 in the amount of $566,165.83.

 

The MOTION carried 5-0.

 

b. Warrant #20-18 (Information only)

 

14.       Executive Session: Contracts/Litigation

 

MOTION was made by Jacki Murphy to find that premature general public knowledge of contracts and litigation discussions would clearly place the Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses the contract matters in public.

 

MOTION was made by Jacki Murphy and SECONDED by Pam Loranger that the Selectboard convene the executive session to discuss contracts, personnel and litigation under the provisions of Title 1, Section 313 (a)(1)(a) and (e) of the Vermont Statutes, Executive Sessions.

 

Motion carried 5-0.

 

MOTION was made by Herb Downing and SECONDED by Pam Loranger to exit the executive session at 9:30 pm.

 

15.       Adjournment

 

MOTION was made by Herb Downing and SECONDED by Pam Loranger to adjourn the meeting.

The MOTION carried 5-0.

 

The meeting was adjourned at 9:30 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).

 

 

 

 

 

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