| | MINUTES COLCHESTER SELECTBOARD October 11, 2022 @ 6:30 PM 781 Blakely Road 3rd Floor Conference Room __________________ |
1. Call Meeting to Order
Roll Call: Pam Loranger, Chair; Tom Mulcahy, Vice Chair; Jacki Murphy, Clerk; Charlie Papillo; Maureen P. Dakin
Staff Present: Aaron Frank, Town Manager; Renae Marshall, Deputy Town Manager; Bryan Osborne, Public Works Director; Karen Adams, Technical Services Manager; Kathi O’Reilly, Economic Development Director; Alicia Tebeau-Sherry, Communications Coordinator; Bob Vickery, Town Assessor
Others Present: Jon Pizzagalli; Timothy Bruner; Gary Martin; Kathleen Cummings; Anne McGuire; Eric Fisher; Christopher Motter; Rebecca Robbins Bushway; Ronnie Bushway; Matthew Andrews
Pledge of Allegiance
Selectboard Chair Pam Loranger led the Pledge of Allegiance.
2. Public Hearing | 6:35 PM
a. Amendments to the Colchester Code of Ordinances, Chapter 4, Building Code Building Construction
MOTION was made by Pam Loranger and SECONDED by Tom Mulcahy to open the public hearing.
The MOTION carried.
Aaron Frank, Town Manager, spoke on behalf of the Fire Chief to explain the amendments proposed are for a simple code change from the General Electric company lock boxes used on commercial and residential buildings to Knox company lock boxes, as the General Electric no longer offers the lock boxes.
MOTION was made by Pam Loranger and SECONDED by Tom Mulcahy to close the public hearing.
The MOTION carried.
3. Citizens to be Heard*
There were no citizens to be heard.
4. ACTION | Consent Agenda
a. Minutes of 9.27.2022 Selectboard Meeting
MOTION was made by Jacki Murphy and SECONDED by Charlie Papillo 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 meeting of September 27, 2022.
The MOTION carried.
5. Special Business Items
a. ACTION: Authorization of Amendments to Co-Applicancy Stormwater Maintenance Agreements – Bryan Osborne, DPW Director and Karen Adams, Technical Services Manager
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to authorize staff to amend the Town’s existing stormwater co-applicancy maintenance agreements subject to General Permit #3-9050 as described in a memo from Bryan Osborne, Public Works Director, dated October 4, 2022.
Bryan Osborne, Public Works Director, discussed the history of stormwater standards and requirements in Colchester and reviewed how the Town is subject to the State’s new 3-Acre stormwater Permit. He continued to explain how Co-Applicancy Maintenance Agreements (CMA’s) were created to outline private and public responsibilities regarding stormwater maintenance and introduced the proposal to modify the CMA’s to revise cost- and responsibility-sharing methodologies for stormwater upgrades and improvements for residential and commercial properties due to the new 3-Acre Permits.
Selectboard Vice Chair Tom Mulcahy asked if changes to the CMA’s would be needed in the future and if the Town can negotiate to not participate in permitting, and Bryan Osborne, DPW Director, explained that it unlikely the Town can do anything to prevent the State from changing future stormwater permits or water quality regulations or how the Town can avoid permitting other than working through legislation. He also noted that only a handful of towns have stormwater utilities, but every community is subject to these types of permits.
Selectboard Clerk Jacki Murphy and Member Charlie Papillo asked how HOA’s would be affected if they choose not to take advantage of the proposal and how the costs would be affected if property owners choose not to enter into the new CMA’s, and DPW Director Bryan Osborn answered that the HOA’s would be subject to State enforcement of penalties if they did not make the required stormwater improvements and that costs would fluctuate if properties chose not to enter. Selectboard Maureen P. Dakin highlighted that, despite the potential cost fluctuations, the ultimate goal and priority is to maintain clean water in the community.
Timothy Bruner from the Whispering Pines community thanked Bryan Osborne and Karen Adams for their guidance with their stormwater system and explained how their community maintains and pays for their own system. Mr. Bruner expressed his concern with the costs for his community to join the new CMA’s.
Rebecca Robbins Bushway from Valleyfield Homeowners Association asked for clarification regarding the Town’s ownership with the new CMA’s, and Karen Adams, Technical Services Manager, explained how the 3-Acre permit requirements would be dissolved, the Town would take over legal ownership, but HOA’s would still be required to maintain what they own as they would still own their same amount of impervious surface. Ms. Bushway also asked if the proposed CMA’s would affect stormwater maintenance grant opportunities from the State, and DPW Director Bryan Osborne stated that under the revised CMA’s, the required 3-Acre permit improvements would be dissolved, so grants funds would no longer be needed.
Christopher Motter, representing Acabay and Water Tower Hill Owner’s Association, asked if any other towns are modifying their CMA’s at this time, how the savings for the modified CMA’s were calculated, how long will the stormwater credits be offered, and if so, what cost savings would those credits afford. DPW Director Bryan Osborne explained that it appears other municipalities are taking different approaches to comply with the 3-Acre Permits, which may or may not include revising their CMA’s, and that the stormwater credits are independent of the 3-Acre Permit, adding that compliant commercial properties are eligible for up to 50% credit of their annual stormwater fees for the Town. Karen Adams, Technical Services Manager, continued that the proposed CMA’s would produce savings based on how stormwater engineering and construction costs would now be shared with the property owner and the Town based on who owns a property’s impervious surface.
Kathleen Cummings from Sunderland Woods asked how soon would an HOA have to decide to accept the new CMA, and Karen Adams, Technical Services Manager, stated the deadline is the end of calendar year to decide whether an HOA would like to continue with the existing CAM or enter into the new partnership. Ms. Cummings shared her HOA’s complexities around this topic and DPW Director Bryan Osborne added that he and his staff would be happy to meet and discuss this further with her and any other HOA that may have similar complexities.
Jon Pizzagalli, President of Water Tower Hill Owners Association, thanked the Town’s work on the financial aspects of these permits, and asked about the process of the engineering feasibility analysis and if costs will be shared. Karen Adams, Technical Services Manager, clarified engineering and cost information would be passed on after this meeting with permitees regarding the next steps and that when the engineering study is conducted, it will review each site and estimate the costs.
Selectboard Chair Pam Loranger thanked Bryan and Karen for their work on this complex subject, Town Manager Aaron Frank clarified that HOA’s can stay with current their current CAM or agree to comply with newly proposed one, and Selectboard Vice Chair Tom Mulcahy stated he was abstaining from the vote.
The MOTION carried.
b. Information: Get Engaged! – Kathi O’Reilly, Economic Development Director and Alicia Tebeau-Sherry, Communications Coordinator
Kathi O’Reilly and Alicia Tebeau-Sherry presented information on the Town’s Get Engaged program for Colchester High Schoolers including the history of the program, past participation, current open seats, and the application process.
Selectboard Maureen P. Dakin thanked the Town’s communication efforts through the weekly newsletters.
c. ACTION: Approval of Corrections to 2022 Grand List (GL) with Errors and Omissions
MOTION was made by Jacki Murphy and SECONDED by Charlie Papillo to approve the Errors and Omissions to the 2022 Grand List as recommended in a memo from Robert Vickery, Town Assessor, dated October 6, 2022.
Bob Vickery, Town Assessor, clarified the reasons for the errors and omissions that the department identified over the summer, several being travel trailers that moved or are now uninhabited, and explained the difference between the Grand List dollar amount compared to the additions and deletions totals in response to Selectboard Vice Chair Tom Mulcahy’s question.
The MOTION carried.
d. ACTION: Resolution to Authorize the Conveyance of Surplus Property (0 Mountain View Dr.)
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to approve a resolution for the Conveyance of Surplus Property located on 0 Mountain View Drive, Colchester, VT 05446.
The MOTION carried.
e. ACTION: Resolution to Authorize the Conveyance of Surplus Property (0 Windemere Way)
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to approve a resolution for the Conveyance of Surplus Property located on 0 Windemere Way, Colchester, VT 05446.
The MOTION carried.
f. ACTION: Adoption of Amendments to the Colchester Code of Ordinances, Ch. 4, Building Code and Building Construction
MOTION was made by Jacki Murphy and SECONDED by Charlie Papillo to adopt the amendments to the Building Code and Building Construction Ordinance, Section 4-32 (a) of the Colchester Code of Ordinances, as described in an August 31, 2022 memo from Chief Stephen Bourgeois and Assistant Chief Seth Lasker.
The MOTION carried.
g. Discussion: Selectboard input regarding FY 2024 Municipal Services Budget
Town Manager Aaron Frank informed the Selectboard of several factors that will affect the formation of next fiscal year’s budget, including labor force changes, rising inflation rates, changing resource needs, external pressures and constraints, and the approach and process of not increasing services, but applying more resources towards the Information Technology Department and maintaining 29 Officer positions in the Police Department. He added that next steps would include taking the Selectboard’s input to Department Heads and working over the next month to draft the FY24 budget to present to the board.
Selectboard Member Maureen P. Dakin asked if vacancies in employment are budgeted and if more civilian positions could be offered. Town Manager Frank explained vacancies are not normally budgeted for municipalities of the Town’s size and that the Town offers many volunteer opportunities and has enjoyed having interns in the past.
Selectboard Member Charlie Papillo noted he supports maintaining the 29 Police Officer positions, that he would not want to see that number reduced, asked Town Manager Frank to put more pressure on the State to support the Hotel Voucher Program, and noted that the rate of inflation is undesirable, so relying on negotiating skills and scouting out good deals is a must.
Selectboard Clerk Jacki Murphy offered her support for the increased efforts in the Information Technology area because technological security can be costly if it is not monitored for compromises.
Selectboard Vice Chair Tom Mulcahy asked Town Manager Frank to consider and document the top 10 areas of cost increase while producing the draft budget.
Selectboard Chair Pam Loranger recognized the factors that play a role in forming the budget and asked Town Manager Aaron Frank to attempt to minimize the budget increase as much as possible while maintaining the current level of service.
6. Additional Business | Manager’s Recommendations
There were no additional recommendations.
7. Informational Items
Selectboard Chair Pam Loranger asked Town Manager Aaron Frank to encourage representatives from Milton and South Hero municipalities to attend the VTrans meeting next week regarding Route 2 safety improvements.
8. Announcements
Selectboard Chair Pam Loranger Colchester shared that the Colchester Fire Department is hosting an open house at both stations, 483 Main Street and 844 Church Road, on Saturday, October 15th, from 12 pm to 3 pm, and encouraged the community to go and tour the stations, talk to volunteers, and find out how they can get involved with the department.
9. ACTION | Warrants
MOTION was made by Jacki Murphy and SECONDED by Charlie Papillo to approve Warrant #23-10 in the amount of $1,246,956.33 and Warrant #23-11 in the amount of $243,640.98.
There were no questions on the warrants.
The MOTION carried.
10. Executive Session
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to find that premature general public knowledge of the Town's legal contracts and personnel issues would clearly place this Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses the proposed contract terms and personnel issues in public.
The MOTION carried.
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to enter executive session to discuss the Town's legal contracts and personnel issues under the provisions of Title 1, Section 313 (a)(1)(A) and (a)(3) of the Vermont Statutes, Executive Sessions.
The MOTION carried.
11. Adjournment**
MOTION was made by Tom Mulcahy and seconded by Charlie Papillo to adjourn the meeting.
The MOTION carried.
The meeting adjourned at 9:13 p.m.