 | COLCHESTER SELECTBOARD July 11, 2023 @ 6:15 PM 781 Blakely Road 3rd Floor Conference Room __________________ |
1. Call Meeting to Order | Executive Session
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to enter Executive Session for the purpose of an interview for consideration of an appointment to the Champlain Water District as authorized under the provisions of Title 1, Section 313 (a) (3) of the Vermont Statutes, Executive Sessions.
The MOTION carried.
2. Roll Call
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; Cathyann LaRose, Planning and Zoning Director
Others Present: Pam Gardner, Dick Pecor, John Swenor, Phyllis Bryden, Adriane Martin, Andi Higbee, Scott Wood
Pledge of Allegiance
Selectboard Chair Pam Loranger led the Pledge of Allegiance.
3. Public Hearing | 6:35 p.m.
a. Amendments to the Colchester Code of Ordinances: Chapter 6 ½ - Development Fees
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to open a public hearing to consider the warned changes to Chapter 6 ½ of the Town’s Code of Ordinance related to development fees as outlined in a memo dated June 19, 2023 from Town Manager Aaron Frank and Planning and Zoning Director Cathyann LaRose.
Planning and Zoning Director Cathyann LaRose reviewed the purpose of Chapter 6 ½ of the Colchester Code of Ordinances regarding Town fees to fund Planning and Zoning functions, the history of the fee schedule, the assessment of current fees, the proposed formula for fee structures and actual fees, and the expected cost recovery if the proposed fee changes are implemented, which would be projected to result in an increased revenue of 81%, or an additional $109,700.
Selectboard Chair Pam Loranger asked about the change of fees for Tech Reviews, and Planning and Zoning Director Cathyann LaRose explained the increase reflects the use of significant staff time to complete these and how those that utilize them tend to not follow through with the process.
Selectboard member Maureen P. Dakin asked for clarifications regarding the Accessory Dwelling Units (ADUs)and fees added from mandates issued from the State, and Planning and Zoning Director Cathyann LaRose confirmed that ADUs are also known as Mother-in-Law apartments and that State-mandated fees included in Planning and Zoning Fees are mainly recording fees.
Selectboard member Maureen P. Dakin expressed her concerns with specific fee increases and their potential effects on the affordability of homes in the area.
Selectboard Vice Chair Tom Mulcahy asked about, and Planning and Zoning Director Cathyann LaRose confirmed, that permit applicants can receive an estimate of what they will be charged by using these fees.
Pam Gardner asked about how credit card usage interest fees are applied, and Planning and Zoning Director Cathyann LaRose confirmed that they are applied to anyone who pays with a credit card. She also asked how missing Certificates of Occupancy are followed up on, and Town Manager Aaron Frank explained that the Bianchi Letter process picks up on missing Certificates of Occupancies, but that the Town can also choose to pursue enforcement.
John Swenor shared his thought about adding language regarding that the actual cost of legal fees be included in situations where the Town has to enforce permits though the law. The Town Manager explained the cost of litigation is considered when the Town is involved in court enforcement actions.
Phyllis Bryden offered her thought about implementing consulting fees for when larger companies want to meet with Town staff in order to receive planning and zoning or developmental information.
The MOTION carried.
Selectboard Chair Pam Loranger closed the public hearing.
4. Citizens to be Heard*
Selectboard Chair Pam Loranger announced how Colchester has been mercifully spared from the ravages of the recent storms that have affected so much of Vermont, that the Town’s thoughts and prayers are with fellow Vermonters, to please listen and abide by the advice of public safety personnel, and to please stay safe as further guidance is awaited on for how Vermont moves forward in the recovery from this disaster.
Scott Wood questioned if notifications were sent to abutters of the Bayside/Hazelett parcel about work beginning on the property and noted that he felt the trees being cut down was more than proposed.
John Swenor inquired if the Town applied for a permit for stormwater discharge for the project on the Bayside/Hazelett property.
Phyllis Bryden asked about trucks entering and leaving the Bayside/Hazelett property via East Lakeshore Drive, and if the repercussions of the Monsanto Lawsuit will result in the use of Local Option Tax monies in the future.
Pam Gardner shared her concerns about the Bayside/Hazelett Property and work being completed towards the Colchester Recreation Center Project.
Town Manager Aaron Frank Property added that the Bayside/Hazelett property was logged in 1995, and that because an appeal to the courts has been filed regarding this parcel and project, that our Town attorney has advised that this is not the correct forum for concerns related to this topic of discussion.
Dick Pecor from the Colchester Recreation Advisory Board encouraged residents to read the Town Plan and the Open Space plan, as they provide a lot of information on recreation improvements, including what was planned for the Recreation Center in these community documents.
The Chair of the Recreation Advisory Board Adriane Martin shared her support for the Recreation Center, while understanding it is important to hear other residents’ perspectives, and how she is looking forward to the multi-generational and year-round recreational opportunities the Recreation Center will offer.
Andi Higbee reported that the Colchester Tech Rescue team has returned home, thanked them for their response to the State-wide flooding, and
shared his support for the Recreation Center, noting that it was approved by the majority of the voters.
5. ACTION | Consent Agenda
a. Minutes of 6.27.2023 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 June 27, 2023.
Selectboard member Maureen P. Dakin asked that the amount from the Annual Book Sale be corrected in the minutes to $5,500.
The MOTION carried.
6. Special Business Items
a. ACTION: Appointment of Alternate Member to Champlain Water District
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to appoint James D Piette as an alternate member to the Champlain Water District for a 1-year term that will end March 1, 2024.
The MOTION carried.
b. ACTION: Approval of the Amendments to the Colchester Code of Ordinance: Chapter 6 ½ - Development Fees
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to approve the warned changes to Chapter 6 ½ of the Town’s Code of Ordinance related to development fees as outlined in a memo dated June 19, 2023 from Town Manager Aaron Frank and Planning and Zoning Director Cathyann LaRose.
Selectboard Chair Pam Loranger added that she would like to suggest a future update to include an annual review of these fees, and Selectboard member Maureen P. Dakin noted she would be interested in other Town service fees being reviewed annually as well.
The MOTION carried.
7. ACTION | Adjourn to Meeting of Liquor Control Commission
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to temporarily adjourn the meeting of the Selectboard and convene a meeting of the Liquor Control Commission.
The MOTION carried.
8. Public Hearing | Licenses and Petitions
· Amusement License for Sam Mazza’s Farm Market
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to hold a public hearing regarding the following Licenses:
· Amusement License for Sam Mazza's Farm Market, 277 Lavigne Road, Colchester VT 05446
All information included in the packet related to such application 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 a permit or denial in writing to each applicant via staff through the US Mail and will share the outcome publicly by placing the permit or denial as an informational item in the next Selectboard packet.
9. Additional Business | Manager’s Recommendations
There were no further recommendations.
10. Informational Items
There were no comments on the informational items.
11. Announcements
Selectboard Clerk Jacki Murphy shared that “She Was Right” will be playing on Thursday at 7 PM as a part of Colchester Parks and Recreations’ free summer concert series.
12. ACTION | Warrants
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to approve Warrant #23-37 in the amount of $870,235.56, Warrant #23-38 in the amount of $157,383.80, Warrant #24-01 in the amount of $234,773.99, and Warrant #24-02 in the amount of $79,985.05.
Deputy Town Manager clarified that on Warrant #23-38, Line Item 45, L&D Safety Marking Corp., was paid to correct the line striping on Bay Road; Line Item 69, Savatree, was paid for Traffic Control related to the removal of a dead tree by the Village Cemetery; and that the numerous tax refunds noted were for the amount overpaid due to the Property Tax Credit.
The MOTION carried.
13. Deliberative Session | Licenses and Petitions
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to meet in deliberative session under the authority of 1 V.S.A. § 312(e) for the purpose of considering licenses and petitions which were specifically noted on the agenda and for which a hearing was held earlier in the meeting. The Selectboard will issue a permit or denial in writing to each applicant via staff through the US Mail and will share the outcome publicly by placing the permit or denial as an informational item in the next Selectboard packet.
The MOTION carried.
14. Executive Session
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to find that premature general public knowledge of contracts, pending or probable civil litigation, 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, pending or probable civil litigation, and personnel issues under the provisions of Title 1, Section 313 (a)(1)(a)&(e) and (a)(3) of the Vermont Statutes, Executive Sessions.
The MOTION carried.
15. Adjournment**
MOTION was made by Tom Mulcahy and seconded by Charlie Papillo to adjourn the meeting.
The MOTION carried.
The meeting adjourned at 8:47 p.m.