 | COLCHESTER SELECTBOARD January 24, 2023 @ 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; Maureen P. Dakin
Staff Present: Aaron Frank, Town Manager; Renae Marshall, Deputy Town Manager; Kathi O’Reilly, Economic Development Director; Cathyann LaRose, Planning and Zoning Director; Bryan Osborne, Public Works Director; Karen Adams, Technical Services Manger
Others Present: Mike LaCroix, Annabelle Dally, Wendy Simpers, John Miller
Pledge of Allegiance
Selectboard Chair Pam Loranger led the Pledge of Allegiance.
2. Public Hearing 6:40 PM
a. Hearing on Amendments to Chapter 10: Wastewater
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to, having been duly warned, open a Public Hearing to consider the proposed amendments to the Code of Ordinances, Chapter 10: Wastewater.
Bryan Osborne, Public Works Director, explained the proposed amendments include housekeeping edits and language clarifications that support the progress of the Malletts Bay Sewer Project and the ongoing development of the Severance Corners growth center.
Selectboard Vice Chair Tom Mulcahy asked if there is a payment plan for when the hydraulic capacity of the Severance Corners growth center reaches its capacity and needs improvements to increase it, and Bryan explained that through the enabling language of the ordinance, they would create a reserve fund fee to be assessed for property owners holding allocation at the growth center.
Selectboard Member Maureen P. Dakin asked about the Town’s right to go on private property, and Bryan confirmed that if a representative from the Public Works Department were to go on private property, which is anything outside of the public right-of-way, it would be under the authority of and in the parameters of this ordinance. Town Manager Aaron Frank added that these amendments are important because the voter-approved Malletts Bay Sewer Project requires the Town to build what are typically privately funded service laterals and that having the right to go on private property to build allows the Town to use State and Federal grants to be used to pay for the laterals.
The MOTION carried.
b. Hearing on Amendments to Chapter 18: Stormwater
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to, having been duly warned, open a Public Hearing to consider the proposed amendments to the Code of Ordinances, Chapter 18: Stormwater.
Karen Adams, Technical Services Manager, reviewed the proposed amendments that include housekeeping edits, a change in threshold in the stormwater management plan regarding the amount of impervious surface for development projects, and the re-definition of when co-permitee agreements are used and their terms, which are in support of the 3-Acre Permit requirements that the Town is subject to by the State.
John Miller asked about the lowering of the threshold, and Karen confirmed that under the Federal Stormwater Permit, the Town’s threshold must be lower than the State’s and applies to development projects that create additional impervious surface over 10,000 sq. ft.
The MOTION carried.
c. Hearing on Request for Waiver of Penalty Fees (Windows & Doors by Brownell)
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to, having been duly warned, open a Public Hearing to consider the Request for Waiver of Penalty Fees for Windows & Doors by Brownell, requested by Operations Manager Marcy Brownell. All information included in the packet related to this matter is considered part of the public hearing, and, whereby the Colchester Selectboard shall enter a deliberative session later in the meeting to consider the matter and then issue an approval or denial of the request in writing to Ms. Brownell via staff through the US Mail.
Deputy Town Manager Renae Marshall explained that Windows & Doors by Brownell completed work without a permit after reviewing an outdated regulations document on the Town website, and have requested the Town consider a waiver and refund of their after-the-fact fees.
The MOTION carried.
3. Citizens to be Heard*
There were no citizens to be heard.
4. ACTION | Consent Agenda
a. Minutes of 1.10.2023 Selectboard Meeting
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin 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 January 10, 2023.
The MOTION carried.
5. Special Business Items
a. Information: Exit 16 DDI VTrans Update|Mike LaCroix, Project Manager
Mike LaCroix, the Exit 16 DDI VTrans Project Manager, shared the status and timeline of the Exit 16 DDI project and explained VTrans’ public outreach plan for this project to mitigate the use of Town resources in information-sharing efforts that may come up as construction continues.
Selectboard Vice Chair Tom Mulcahy asked about the relocation of the water line in the Exit 16 area, and Mike confirmed it is a transmission line, that it will be moved in the same alignment but six feet lower, and that they are not anticipating any water outages. Selectboard Vice Chair Tom Mulcahy and Selectboard Clerk Jacki Murphy also encouraged community members to sign up for the VTrans emails that will provide updates about the project right to their inboxes.
Town Manager Aaron thanked Mike LaCroix and Kathi O’Reilly for maintaining contact through the years and keeping the Town updated on varying VTrans projects.
b. Information: Planning and Zoning Department & Planning Commission Calendar Year 2023 Priorities|Cathyann LaRose, P&Z Director
Cathyann LaRose, Planning and Zoning Director, reviewed the department’s and the Planning Commission’s priorities for the 2023 calendar year, highlighting Development Review Board goals; possible future supplements regarding updates to regulations in the categories of wastewater, commercial properties, notifying abutters, and the Open Space Plan; and training and intern opportunities.
Selectboard Member Maureen P. Dakin asked if procedures for notifying abutters would apply Town-wide, and Cathyann explained these procedures are specifically mandated under development review regulations that require properties adjacent and diagonal to be notified when a development is being pursued. Aaron Frank, Town Manager, noted that generally anyone pursuing a development permit that must go in front of a board must write letters to the development’s abutters, and that the Town website offers such a tool to create an abutters list.
Selectboard Vice Chair Tom Mulcahy asked for the Planning and Zoning Department to give special attention to commercial development opportunities, and Cathyann ensured that she is working to cut down barriers for commercial developments and continuously works with the Economic Development Director to encourage commercial business in Town.
c. ACTION: Resolution for Renewal of New Town Center Designation|Cathyann LaRose, P&Z Director
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to adopt a resolution to authorize the New Town Center renewal application, which is attached to and referenced in a memo dated January 19, 2023 from Cathyann LaRose, Planning and Zoning Director.
Cathyann LaRose, Planning and Zoning Director, reviewed the history of the designation of the New Town Center, the process for renewing this designation every five years, and current progress on this year’s application.
The MOTION carried.
d. Information: Malletts Bay Sewer Project Information|Bryan Osborne, DPW Director
Bryan Osborne, Public Works Director, explained the Malletts Bay Sewer Project is still on track to begin construction in 2024 and that a webpage will be published to help the community have access to project information that outlines the project overview, status, and funding.
Selectboard Chair Pam Loranger asked how the Malletts Bay Sewer Project coincides timing of construction with the Prim Road and West Lake Shore Intersection Project, and Bryan confirmed that both projects have been structured to begin construction in either order.
Town Manager Aaron Frank added that a newsletter article and updates to the Selectboard every six months on this project are being planned, and Bryan noted that the webpage will be updated continuously too.
The MOTION carried.
e. ACTION: Decision Regarding Amendments to Chapter 10: Wastewater
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to adopt amendments to the Colchester Code of Ordinances, Chapter 10 Sewers, after a public hearing held January 24, 2023, and as recommended in a memo from Bryan Osborne, Director of Public Works dated January 19, 2023.
The MOTION carried.
f. ACTION: Decision Regarding Amendments to Chapter 18: Stormwater
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to adopt amendments to the Colchester Code of Ordinances, Chapter 18 Stormwater, after a public hearing held January 24, 2023, and per the recommendation in a memo from Karen Adams, Technical Services Manager for Public Works dated January 19, 2023.
The MOTION carried.
g. ACTION: Authorize the Letter of Support for the Colchester Recreation Center
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to authorize the Selectboard Chair to sign a Letter of Support endorsing the proposed Colchester Recreation Center on behalf of the Colchester Selectboard.
The MOTION carried.
6. Additional Business | Manager’s Recommendations
There were no further recommendations.
7. Informational Items
There were no questions on the informational items.
8. Announcements
Selectboard Chair Pam Loranger announced the sad news of the passing of Brian Mullins, a former Colchester resident who was instrumental in the Town’s rebranding campaign, and extended condolences to his family. Chair Loranger also thanked long-time Colchester resident and surveyor Warren Robenstien for donating to the Clerk’s Office a reproduced Colchester map dating back to 1802, which is still used by surveyors today. She shared that Warren had the map reproduced in large scale and solicited help from another long-time Colchester resident and craftsman to frame it.
9. ACTION | Warrants
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to approve Warrant #23-21 in the amount of $688,172.58.
Deputy Town Manager Renae Marshall shared there were questions on Warrant #23-21, line 22, with the vendor BP Wastewater Services LLC. Renae clarified that the $3,065 charge was for the emergency pump out performed at Breezy Acres Mobile Home Park after the December windstorm and that the service is paid through the Wastewater Enterprise Fund, which has revenues that are generated through user fees paid by property owners connected to the sewer system. She also clarified that the additional $825 charged by this same provider was a separate issue with Colchester Rescue’s septic system and was paid through the Rescue Enterprise Fund.
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 contracts, labor relations agreements, and personnel issues would clearly place this Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses these topics in public.
The MOTION carried.
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to enter executive session to discuss contracts, labor relations agreements, and personnel issues under the provisions of Title 1, Section 313 (a)(1)&(b) and (a)(3) of the Vermont Statutes, Executive Sessions.
The MOTION carried.
11. Deliberative Session
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to enter deliberative session to discuss the Waiver of Penalty Fees for Windows & Doors by Brownell.
The MOTION carried.
12. Adjournment**
MOTION was made by Tom Mulcahy and seconded by Charlie Papillo to adjourn the meeting.
The MOTION carried.
The meeting adjourned at 8:42 p.m.