Minutes of 1/02 (Including Recommened Charter Admendments)

MINUTES OF COLCHESTER GOVERNANCE COMMITTEE

COLCHESTER POLICE STATION CONFERENCE ROOM

835 BLAKELY ROAD
COLCHESTER, VT

January 2 , 2014 @ 7:00 p.m.

Present:  Jacob Hemmerick, Pam Loranger, Bud Meyers,  Mickey Palmer, Curt Taylor,  Pamela Lawrence Dimson via tele-conference

Absent: David Usher

Note : for the purposes of clarity,  Pam Loranger will be identified as Pam and Pamela Laurence-Dimson will be identified as Pamela

1.  Jacob Hemmerick called the meeting to order at 7PM

2. APPROVAL OF THE AGENDA

            The Agenda was approved without discussion

3.  Administrative Business Updates

     Jacob has established communication via Front Porch Forum for all neighborhoods.

4. APPROVAL OF MINUTES

            The minutes of December 19, 2013  were tabled until January 16,  2014  

However,  the meeting may be reviewed via LCATV tapes.  

  5.  PUBLIC COMMENT

     None

 6.  BUSINESS ITEMS

   A.  Fire District White Paper

        Tabled until January 16, 2014

    B.  Section-by-Section Review of the Charter

         By consensus changes were made to the Charter:

            103-a, 103-b, 103-c, 103-d, (see also 103-e & f) 104, 104-1, 104-2, 104-5, 104-6.

The Governance Committee's Contacts, Charge, Agendas and Minutes are available online at http://colchestergovernance.blogspot.com.  Curt has provided a spread sheet to capture the above changes.

7.  Review Upcoming Meetings & Agenda Items

     01/016/2014  Present language and incorporate white paper regarding Fire District Consolidation. Resume Charter review.

     02/06/2014

     02/20/2014

8.  ADJOURNMENT

Having no further business to conduct, Mickey MOVED  to adjourn.  Curt  SECONDED the MOTION  UNANIMOUS  consent.  Meeting adjourned at 8:59PM.

MARKUP OF RECOMMENDED CHARTER AMENDMENTS:

CHAPTER 1. POWERS OF THE TOWN

Sec. 101. Corporate existence retained.

The area within the current boundaries of the Town of Colchester shall continue to be a municipal corporation by the name of the Town of Colchester.

The inhabitants of the Town of Colchester, within the corporate limits now established, shall continue to be a municipal corporation by the name of the Town of Colchester.

Sec. 102. General law; application.

Except when changed or modified by this Charter, or by any lawful regulation or ordinance of the Town of Colchester, all of the statutes of the state relating to municipalities shall apply to the Town of Colchester.

Sec. 103. Powers of the town.

         (a)        The Ttown shall have all the powers granted to towns by the constitution and laws of the state together with all the implied powers necessary to carry into execution the powers granted; it may enact ordinances consistent with the constitution and laws of the State of Vermont or with this Charter, and impose penalties for violations thereof not in excess of a fine of one hundred dollars ($100.00) together with the costs of prosecution, or imprisonment for not more than sixty (60) days or both.

         (b)        The Town of Colchester may adopt, amend, enforce and repeal ordinances relating to any aspect of municipal concern for the peace, order, health, safety, comfort, protection, morality and general welfare of the town and of its citizens.

         (c)        The Ttown may acquire real property within its corporate limits for any Ttown purpose, in fee simple or any lesser interest or estate by purchase, gift, devise, lease or condemnation, or without its corporate limits by purchase, gift, devise,  lease, with approval of the voters, consistent with the constitution and laws of the State of Vermont, and may sell, lease, mortgage, hold, manage and control such property as its interests may require.

(d)     By approval of the town voters, the Town may acquire real property without its corporate limits for any town purpose, in fee simple or any lesser interest or estate by purchase, gift, devise, or lease consistent with the constitution and laws of the State of Vermont, and may sell, lease, mortgage, hold, manage and control such property as its interests may require

         (de)       In this Charter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the town would have if the particular power were not mentioned.

         (ef)        The Ttown may merge with political subdivisions within its boundary according to state statute.  after approval of the voters in elections to be held by both the town and political subdivision involved.

Sec. 104. Additional powers.

In addition to powers otherwise conferred upon it by law, the Ttown is authorized:

         (1)        To adopt and enforce ordinances relating to making and installing local improvements including curbs, sidewalks, storm drains and water and sanitary waste systems; apportioning part of the expense of such improvements against property owners who benefit thereby; providing for the collection of such assessments and penalties for nonpayment; provided, however:

                     (A)       That in absence of an ordinance no assessment shall be made by the selectmenboard until they have received a petition in writing from fifty (50) percent of the owners of property fronting on such local improvements as proposed. Upon receiving such petition, the selectmen may order the proposed improvements to be made.

                     (B)       That no assessment shall be made in excess of the actual benefit to the land so assessed as determined by the selectmen after notice to and hearing of the owners of the property assessed.

                     (C)       That the total assessment made on account of any such improvements shall not exceed fifty (50) percent of the cost of such improvement and the remaining cost of such improvement shall be borne by the town.

         (2)        To adopt and enforce ordinances requiring the installation of curbs, sidewalks and storm drains, where applicable, in a manner specified by the town as a condition precedent to the issuance of a building permit.

         (3)        To adopt and enforce ordinances regulating signs and billboards.

         (4)        To adopt and enforce police ordinances regulating the parking, operation and speed of motor vehicles upon town and state aid streets and highways; to adopt police ordinances regulating the use of firearms, air rifles and devices having a capacity to inflict personal injury; to adopt and enforce police ordinances prohibiting the use of firearms, air rifles and devices having a capacity to inflict personal injury in specified areas, but only with approval of the voters.

         (5)        To adopt and enforce ordinances relating to regulation, licensing or prohibition of the storage and accumulation of garbage, ashes, rubbish, refuse and waste materials.

         (6)        To create and maintain a police department.