Governance Committee Completes Charter Review - Publishes Report

On August 26, 2015 the Governance Committee submitted its final report on the charter review work that has been ongoing for more than two years. The report will be reviewed with the Colchester Selectboard at a future meeting.

The full report with five attachments can be found here.

Our work includes recommendations in the following areas:

● Ethics and conflict of Interest

● Stormwater utility considerations

● Town clerk/treasurer elected or appointed

● Budget requirements and flexibility

● Publication of Selectboard policies

● Town manager considerations

● Plowing of private roads

● Future charter review process

July 15th 2015 Minutes - As Approved

MINUTES OF COLCHESTER GOVERNANCE COMMITTEE

COLCHESTER POLICE STATION

COLCHESTER, VT

July 15th @ 9:00 a.m.

KIRKER RM

Present: Curt Taylor, Bud Meyers, Mickey Palmer and David Usher

LCATV was present. An audio recording was also made of the meeting.

1.      Call to Order: Chair David Usher called the meeting to order at 9:00 AM

2.      Approval of minutes from July 8^st  2015

MOTION by Bud Meyers

SECONDED by Curt Taylor

APPROVED by unanimous vote.

3.      Dawn Francis – Town Manager – Proposed Charter Changes

Dawn Francis provided the committee with several suggested Charter changes:

a.      Appointment of Town Manager

Section 401 of the Charter regarding appointment of the Town manager should reference State statute (Title 24, Chapter 37). The Committee agreed.

b.      Termination

Section 406 Removal of the Town manager does not specify under what conditions a town manager can be removed. Francis suggested adding the words “for cause” to specify that the Selectboard must provide a legitimate reason with cause and justification. After considerable discussion as to whether or not those causes should made explicit the committee decided to use Francis’s suggested wording.

c.       Enforcement

Section 404, Paragraph (m) Powers and Duties should include the ability for the town manager to designate another town official for the enforcement of town laws and ordinances. The Committee agreed.

d.      Performance Review

The Town’s current contract with the town manager contains a provision for an annual review. Dawn Francis agreed with the Committee’s recommendation that a provision for an annual review of the town manager be included in Charter Section 211(1).

e.       Selectboard assigning duties to Department and/or Offices

Section 211 (2) enables the Selectboard to assign duties to departments, commissions and offices, which conflicts with Section 209 specifying that the Selectboard must work through the town manager. After some discussion the Committee decided that Dawn Francis should consult with the Town’s legal counsel as to whether or not the whole paragraph should be removed or just the reference to Offices and Departments. This would retain the reference to Commissions.

f.       Regionalization

There was some discussion regarding having the Charter enable or encourage regionalization of appropriate services. No decision was made but Dawn Francis suggested that she consult with legal counsel and report back. The Committee agreed.

g.      Robert’s Rules of Order

The Town Manager suggested a change to Section 205 (c) and 206 (b) whereby instead of referencing Robert’s Rules of Order there would be reference to Selectboard developed rules that would be more understandable to the general public. Such rules have not yet been developed but are in the process. Bud Meyers pointed out that the Vermont League of Cities and Town’s Selectboard Handbook has guidelines for such rules and these might be referenced. The Committee was reluctant to remove, for the time being, the reference to Robert’s Rules of Order.

h.      Town Tree Warden and Service Officer

These two town positions are currently appointed by the Selectboard. Frances suggests they be appointed by the Town Manager. The duties of these positions are generally assumed by existing town officers. The Committee decided to let Francis suggest specific Charter language for such a change and consider it at a later date.

4.      Continued Work

The Committee decided to continue working on the Selectboard report and meet again in August to finalize. Wednesday, August 9th was selected as the next meeting date.

5.      Adjournment

MOTION by Curt Taylor

SECONDED by Bud Meyers

APPROVED by unanimous vote at 11:05AM.

Respectfully submitted (electronically),

Curt Taylor Secretary

July 16^th 2015 (DRAFT), August 21^st 2015 (Approved)

August 20th 2015 Minutes - Draft

*************DRAFT***********DRAFT************DRAFT**************

MINUTES OF COLCHESTER GOVERNANCE COMMITTEE

COLCHESTER TOWN OFFICES

COLCHESTER, VT

August 19th @ 9:00 a.m.

ABENAKI RM

Present: Curt Taylor, Bud Meyers, Mickey Palmer and David Usher

LCATV was present. An audio recording was also made of the meeting.

1.      Call to Order: Chair David Usher called the meeting to order at 8:58 AM

2.      Approval of minutes from July 15^th  2015

MOTION by Mickey Palmer

SECONDED by Bud Meyers

APPROVED by unanimous vote.

3.      No public input

4.      No agenda changes

5.      Report to SelectBoard

The Committee looked over and approved changes to the report made by David Usher and several small changes made by Curt Taylor.

The Committee also considered each of the five attachments to the report.

a.       Ethics Policy – No significant change

b.      Storm Water Utility – In the light of recent news from South Burlington regarding the regionalization of some related expenses the Committee added emphasis to its suggestion that regionalization be considered. Such regionalization, though costly in the short-term, may result in significant long-term benefits.

c.       Town Clerk/Treasurer – No significant changes

d.      Snow Plowing of Private Roads – Small changes were made and approved

e.       Assistant Manager Aaron Frank’s Charter suggestions – No significant changes

6.      Vote to accept report and attachments

MOTION by Mickey Palmer

SECONDED by Bud Meyers

APPROVED by unanimous vote.

7.      Adjournment at

MOTION by Curt Taylor

SECONDED by Mickey Palmer

APPROVED by unanimous vote at 9:58 AM

Respectfully submitted (electronically),

Curt Taylor Secretary

August 20^th 2015 (DRAFT)

2015-08-19 Colchester Governance Committee Meeting Agenda - Google Docs

Agenda - Colchester Governance Committee Meeting

Wednesday, August 19 0900-1100

Colchester Police Department, Kirker Community Room

781 Blakely Rd, Colchester, VT

I. Call to Order

II. Agenda Review

III. Public Input - Members of the public are welcome to attend and provide input.

IV. Business

Charter Revisions Discussion

1. Finalize Draft Report to Selectboard

V. Adjourn

'via Blog this'

July 8th 2015 Minutes - As Approved

MINUTES OF COLCHESTER GOVERNANCE COMMITTEE

COLCHESTER POLICE STATION

COLCHESTER, VT

July 8th @ 9:00 a.m.

KIRKER RM

Present: Curt Taylor, Bud Meyers, Mickey Palmer and David Usher

LCATV was present. An audio recording was also made of the meeting.

1.      Call to Order: Chair David Usher called the meeting to order at 9:05 AM

2.      Approval of minutes from July 1^st  2015

MOTION by Curt Taylor

SECONDED by Mickey Palmer

APPROVED by unanimous vote.

3.      Agenda Changes

a.       Dawn Francis – Town Manager is unable to attend but Aaron Frank (Assistant Town Manager and CFO) will attend to discuss his proposed Charter changes.

b.      Mickey Palmer added an item: making town policies public and documented.

4.      Report to Selectboard

a.      Policies – written and public

After some discussion the Committee decided that a bullet “c” should be added to Section 207 Record of Proceedings specifying that Selectboard approved policies must be documented and made public. David Usher will put together the language for this addition.

5.      Aaron Frank’s budget related proposals

a.       Impact Fees – Frank’s suggestions included adding reference to impact fees to the Charter’s budget related sections.

b.      Voter Approved Finance Agreements – Frank’s suggestions also included adding references to “voter approved finance agreements” to the Charter’s budget related sections. These agreements are similar to bonds but for smaller amounts and are negotiated with banks.

c.       Investment Policy - Bud Meyers raised the issue of the Town’s investment policy and whether or not there should be reference in the Charter to the need for a Selectboard approved and published policy. Such a Selectboard approved policy does exist in Colchester, but the Charter does not require same. The Committee decided to leave this issue for future consideration.

d.      Motion to Approve – The Charter changes suggested by Frank and discussed by the Committee were saved as a single document and voted upon.

MOTION by Bud Meyers to approved changes as specified in the document "2015-07-08 Final Markup of Proposed Changes Concerning Budgets and Related Issues".

SECONDED by Mickey Palmer

APPROVED by unanimous vote.

6.      Report to Selectboard (Cont.)

a.       Plowing of Private Roads – After considerable discussion the Committee decided that Bud Meyers will review this portion of the report for consideration at the next meeting. The Committee’s recommendation continues to be that the Charter paragraph regarding Snow Plowing be removed and that a snow plowing policy be developed and published.

b.      Periodic Charter Review – David Usher proposed specific wording for the portion of the report recommending a Charter change that will require a review of the Charter every five years. The Committee agreed with the wording.

7.      Final Version of Legislature Approved Charter

a.       David Usher will move a final version of the Charter to the shared drive.

8.      Adjournment

MOTION by Bud Meyers

SECONDED by Curt Taylor

APPROVED by unanimous vote at 10:58 AM.

Respectfully submitted,

Curt Taylor Secretary

July 10^th 2015 (Draft), August 4^th 2015 (Approved)

July 1st 2015 Minutes - As Approved

MINUTES OF COLCHESTER GOVERNANCE COMMITTEE

COLCHESTER TOWN OFFICES

KIRKER RM
COLCHESTER, VT

July 1^st @ 9:00 a.m.

Present: Curt Taylor, Bud Meyers, Mickey Palmer and David Usher

LCATV was present. An audio recording was also made of the meeting.

1.      Call to Order: Chair David Usher called the meeting to order at 9:05 a.m.

2.      Agenda Changes

Mickey Palmers suggested some discussion of the Snow Plowing of Private Roads as an item.

3.      No public input

None

4.      Approval of minutes from June 24^th 2015

MOTION by David Usher

SECONDED by Curt Taylor

APPROVED by unanimous vote.

5.      Conflict of Interest Considerations

The Committee reviewed David Usher’s write-up of the Committee’s suggested Charter change relating to a conflict of interest and standards of ethical conduct. After some discussion and small wording changes David Usher’s write-was approved unanimously.

MOTION to approve write-up as written with modifications, by Mickey Palmer

SECOND by Bud Meyers

APPROVED unanimously

The Committee recommends modification of Section 901 Ethical Conduct and the addition of a section 902 Conflict of Interest Policy.

6.      Storm Water Utility

The Committee reviewed Bud Meyer’s write-up of the Committee’s position regarding the creation of a Storm Water Utility for Colchester. Small changes were made prior to the approval of the write-up.

MOTION to approve write-up as written with modifications, by David Usher.

SECOND by Curt Taylor

APPROVED unanimously

The Committee agrees with Bryan Osborne’s approach to the Storm Water Utility and recommends a continued search for appropriate opportunities for regionalization of efforts to remain compliance with Storm Water requirements.

7.      Future Committee Work

Dawn Francis, town manager, will be present at the next meeting with recommendations.

8.      Snow Plowing of Private Roads

Bud Meyers went over a write-up he submitted regarding the plowing of private roads. There was concern that the Charter enables the Selectboard to create a snow plowing policy but no one has seen such a policy.

           

After some discussion the Committee concluded that it is not within the Committee’s jurisdiction to develop a private road plowing policy. The complexity and sensitivity of the issue requires a concerted efforts with wider representation than the Governance Committee.

Bud Meyers and Mickey Palmer will rework Bud Meyers’ submission and it will be discussed again.

9.      Aaron Frank’s (Assistant Town Manager and CFO) recommendations

Aaron Frank presented his recommended Charter changes.

·         Emergency Spending: 2% cap

Section 304 of the Charter imposes a cap of 2% of aggregate budget appropriations to any Selectboard approved emergency spending. Frank mentioned that this is two weeks’ worth of operating expenses (about $200k). He would like to see this raised to 4%.

·         Municipal Budget Preparation and Submission

The Town manages two types of budgets. One is the municipal budget which is voted upon by the Town each year (section 602). The other is multi-year budgets for capital plans or bond debt. Such multi-year budgets are not voted upon each year. The Charter does not make an adequately distinction between the two.

·         Australian ballots for budgets

There was some discussion as to whether or not the Charter should specify that all budget votes (except the emergency appropriation) be by Australian ballot. Town Clerk Karen Richard said that the Town voted previously to have budgets subject to Australian ballot, but it is not in the Charter.

·         Departmental Budgets (Sections 606 and 607)

Aaron Franks recommends that is be clear in the charter that though department heads have the flexibility to allocate funds within their departments they should not exceed their overall department budget unless the town manager or Selectboard has approved a reallocation of funds. After some discussion the Committee asked Frank to combine Section 606 with Section 607 in his re-write

·         Actual vs. Budgeted expenditures

Frank also wanted to amend Section 607 such that it specifies “actual” revenues and expenditures rather than “budgeted” expenditures.

Aaron Frank will re-work his recommendation for consideration at the next meeting.

10.  Documentation of Policies

There was also some discussion regarding the documentation of Town policies. The Committee will consider making a recommendation on this at a later meeting.

11.  Governance Committee as a standing committee

In discussion the Committee favored a process for period review rather than the Committee being a standing committee. David Usher will draft a recommendation regarding same.

12.  Adjournment

MOTION to adjourn by Mickey Palmer

SECOND by Curt Taylor

APPROVED unanimously at 10:45 a.m.

Respectfully submitted,

Curt Taylor, Secretary

July 2^nd 2015 (Draft), July 13^th 2015 (Approved)

LCATV Recording of 2014-07-15 Meeting

http://lcatv.org/node/187664