 | MINUTES COLCHESTER SELECTBOARD March 14, 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; Charlie Papillo; Maureen P. Dakin
Staff Present: Aaron Frank, Town Manager; Renae Marshall, Deputy Town Manager; Bryan Osborne, DPW Director; Cathyann LaRose, Planning and Zoning Director
Others Present: Rebecca Arnold, Rich Paquette
Pledge of Allegiance
Selectboard Chair Pam Loranger led the Pledge of Allegiance.
2. ACTION | Organizational Meeting
MOTION was made by Maureen P. Dakin and SECONDED by Tom Mulcahy to maintain the current slate of officers for the year.
MOTION was made by Charlie Papillo and SECONDED by Tom Mulcahy to adopt the 2023 organizational items per the attached document, to take effect Tuesday, March 14, 2023 and expire on Election Day, March 5, 2024 and that;
Pam Loranger is hereby elected to serve as Chair for a period of one year.
Tom Mulcahy is hereby elected to serve as Vice-Chair for a period of one year.
Jacki Murphy is hereby elected to serve as Clerk for a period of one year.
The MOTION carried.
Selectboard Chair Pam Loranger asked Town staff to consider the Colchester School Board’s expanded Code of Ethics that further define their roles as members and to see to how their principles can be incorporated into the Selectboard’s policy.
3. Citizens to be Heard*
There were no citizens to be heard.
4. ACTION | Consent Agenda
a. Minutes of 2.14.2023 Selectboard Meeting
MOTION was made by Charlie Papillo and SECONDED by Tom Mulcahy 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 February 14, 2023.
The MOTION carried.
5. Special Business Items
a. Information: Bayside Intersection Funding Status Update | Bryan Osborne, DPW Director
Bryan Osborne, Public Works Director, announced that a $250,000 grant agreement with VTrans has been obtained for the Bayside Intersection project, that the State agrees to pay 100% of the total project costs including construction, and that the project will be constructed in 2026 or as early as 2025, depending on potential conflicts with the construction of the Malletts Bay Sewer Project.
b. ACTION: Warn Public Hearing for proposed amendments to the Colchester Development Regulations, Supplement 45|Cathyann LaRose, Planning and Zoning Director
MOTION was made by Charlie Papillo and SECONDED by Maureen P. Dakin to warn a public hearing on April 11, 2023 for the proposed amendments to the Colchester Development Regulations, known as Supplement 45, and as reviewed and considered the evening of March 14, 2023.
Cathyann LaRose, Planning and Zoning Director, summarized the proposed five areas where changes were made in Supplement 45 of the Colchester Development Regulations, including sections pertaining to water and wastewater infrastructure due to the Selectboard's recent action to discontinue local delegation of the state’s onsite wastewater program that will go into full effect on April 1st; reorganization of Site Plan, Conditional Use, and Subdivision application requirements via a chart and added language to shift responsibility of adjoining landowner notification to these applicants; addition of language to clarify setbacks from public infrastructure; and inclusion of new definitions for “Appurtenances,” “Degree of Encroachment” and “Footprint;” and addition of a figure illustrating the “Degree of Encroachment” in Appendix B.
Selectboard Member Maureen P. Dakin asked that if more responsibilities regarding notifying abutters are shifted to applicants, will there be a decreased fee for the application, and Planning and Zoning Director Cathyann LaRose explained that there would be no change to fees. Town Manager Aaron Frank noted this responsibility being shifted to applicants is not unusual and that the Town’s website has a public software available to locate a property and list its abutters.
Selectboard Vice Chair Tom Mulcahy asked for more examples regarding how and when setbacks from public infrastructures are determined, and Planning and Zoning Director Cathyann LaRose explained she will need to work with the Department of Public Works on this clarification.
Selectboard Vice Chair Tom Mulcahy asked if someone could reconfigure and shift their square footage in a Lakeside Zone, and Cathyann LaRose explained that someone, according to the new definition of “Encroachment,” cannot add more square footage within the 100 ft Lakeside Zone and cannot get any closer to it than they originally were, if rebuilding. Planning Commission Member Rich Paquette also added that the reason nothing is allowed within the 100 ft Lakeside Zone is to be good stewards of the lake.
The MOTION carried.
c. ACTION: Letter of Appreciation to Recreation Advisory Board
MOTION was made by Charlie Papillo and SECONDED by Tom Mulcahy to approve a letter of appreciation to the volunteer Recreation Advisory Board for their work on the Colchester Recreation Center over the past two decades.
The MOTION carried.
6. ACTION | Adjourn to Meeting of Colchester Liquor Control Commission
MOTION was made by Charlie Papillo and SECONDED by Tom Mulcahy to temporarily adjourn the meeting of the Selectboard and convene a meeting of the Liquor Control Commission.
The MOTION carried.
7. Additional Business | Manager’s Recommendations
a. ACTION: S60 LOT Data Bill Letters of Support | Aaron Frank, Town Manager
MOTION was made by Charlie Papillo and SECONDED by Maureen P. Dakin to approve the sending of the letters of support to the Senate Committee on Finance, Chair, Senator Mazza, and the Representatives Brennan, Taylor, Austin, and Chase.
Selectboard Vice Chair Tom Mulcahy suggested to not move forward with the sending of the letters because he believes the Town has managed the Local Options Tax (LOT) well on its own.
The MOTION did not carry. Vote: 1-3
b. ACTION: Claims Reauthorization | Aaron Frank, Town Manager
Aaron Frank, Town Manager, summarized how this document was suggested to be created about three years ago by the Town Attorney to formalize and categorize the responsibilities and authorizations the Town Manager and the Selectboard have regarding legal matters.
MOTION was made by Charlie Papillo and SECONDED by Maureen P. Dakin to authorize a resolution as follows:
Town Manager Aaron Frank, or in his absence the Acting Town Manager, is authorized to negotiate and settle claims including fiscal and non-fiscal settlements and union grievances as follows:
A. Claims by the town against other parties
1) Claims exceeding ½ of 1% of the general fund budget (Currently $15M, so more than$75,000) in payments require written Selectboard approval.
2) Claims between 1/10 and ½ of 1% of the general fund budget (Currently $15M, so $15,000 to $75,000) require notice to the Selectboard offering them the opportunity to discuss in executive session.
3) Claims between 1/20 and 1/10 of 1% of the general fund budget (Currently $15M, so$7,500 to $15,000), require notice to the Selectboard after they are executed.
4) Claims below 1/20 of 1% of the general fund budget (Currently $15M, so less than $7,500), require NO approval and no notice to the Selectboard after they are executed.
B.Claims against the town by other parties
1. Claims exceeding 1/10 of 1% of the general fund budget (Currently $15M, so more than $15,000) require written Selectboard approval.
2.Claims between 1/20 and 1/10 of 1% of the general fund budget (Currently $15M, so$7,500 to $15,000), require notice to the Selectboard offering them the opportunity to discuss in executive session.
3. Claims below 1/20 of 1% of the general fund budget (Currently $15M, so less than $7,500), require NO approval and no notice to the Selectboard after they are executed.
Nothing in this resolution would prevent the Town Manager from sharing more information with the Selectboard about a negotiation or proposed settlement, based on the sensitivity of the issue in the community. The Town Manager would be expected to consider such sensitivities in making a decision about sharing information at levels below the required thresholds.
The Town Manager is advised to consider the possible financial and non-financial magnitude of a claim and seek the advice of counsel when appropriate unless otherwise agreed to by the Selectboard. Claims requiring written Selectboard approval according to this resolution shall require an attorney’s involvement.
The Authority of this motion shall expire on the Selectboard’s annual Organizational Meeting in 2024, at which time it shall be renewed or revised based on the experience of the prior year.
Selectboard Vice Chair Tom Mulcahy noted that the Selectboard should consider, in the future, the appropriateness of dollar amounts understanding the authorization is tied to percentage of budget.
The MOTION carried.
c. Discussion: Communications Union District (CUD) Reconsideration | Aaron Frank, Town Manager
Town Manager Aaron Frank shared that he was contacted by the Vermont Broadband Authority staff and asked if the Colchester Selectboard would reconsider joining a Communications Union District (CUD) because a CUD has now been created by a number of communities in Chittenden County, and it plans to hire an Executive Director and complete a study to consider the possibility of connecting the unconnected areas. He added that while there is still a lack of funding to make those connections, joining the CUD may provide access to $325,000, or more if the state or federal government provides additional funds.
Selectboard Member Maureen P. Dakin asked about the rationale behind allowing the Selectboard to vote to join the CUD, but requiring a citizen vote to leave it, and Town Manager Aaron Frank explained this distinction may have been added after the draft legislation requiring to join using a citizen vote. He noted the attorneys have become familiar with the details of the opportunity and found that there would be no financial liability to the Town or its taxpayers to join the CUD.
Selectboard Vice Chair Tom Mulcahy noted that the lack of funding does not make the opportunity desirable. Selectboard Chair Pam Loranger added she found the offer of funds enticing, but she agreed with Tom that there is not enough funding to provide connections for all the unconnected areas, she would not support joining at this time.
Selectboard Member Charlie Papillo asked if the other communities already a part of the CUD would benefit from Colchester joining, and Town Manager Aaron Frank explained that would not be the case, as the $325,000 would only be allotted to Colchester based on Colchester’s approximately 125 unconnected or underserved addresses.
d. Pictures of Progress
Aaron Frank, Town Manager, presented photos capturing Town activity through the winter months, including a class at Burnham Library, the Winter Carnival, a promotion of rank for a Police Officer, Public Works plowing, progress of new businesses, developments, and community groups, new staff, and Town Meeting Day.
8. Informational Items
Selectboard Chair Pam Loranger asked Town Manager Aaron Frank to elaborate on the informational item regarding Regional Dispatch, and Town Manager Aaron Frank, explained that it is a message from the Public Safety Department explaining that the grant funding for regional dispatch has been put on hold. The Selectboard opined that it was a good decision to remove funding in the FY24 budget because 1/3 of the regional dispatch funding would have been put on hold if the Selectboard had moved forward with regional dispatch.
Aaron Frank, Town Manager, highlighted that the January 2023 Financial report states that the Town is 4% under budget on expenses, and that none of the budgeted rescue transfer has been transferred to the rescue fund, but all of the stormwater payment has been paid, which balance each other out.
9. Announcements
Selectboard Chair Pam Loranger congratulated Bob Molinatti and Morgan Valley for being inducted into the VT Sports Hall of Fame.
10. ACTION | Warrants
MOTION was made by Charlie Papillo and SECONDED by Maureen P. Dakin to approve Warrant #23-25 in the amount of $732,622.11 and Warrant #23-26 in the amount of $264,746.37.
There were no questions on the warrants.
The MOTION carried.
11. Executive Session
MOTION was made by Charlie Papillo 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 Charlie Papillo 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.
MOTION was made by Tom Mulcahy and seconded by Charlie Papillo to exit executive session.
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 9:07 p.m.