Colchester Governance Committee
Thursday, Sept 26, 2013, 7:00 - 9:00pm
Colchester Police Department Community Room
Agenda:
Item Achievement/action
1. Agenda & intros Welcome guests; Review and approve agenda
2. Meeting Minutes Review/accept previous minutes
3. New Business
Jim Barlow Vermont League of Cities and Towns Presentation
4. Public Participation Input from members of the public
5. Adjourn
******************* BACKGROUND INFORMATION********************
Jim Barlow is the Senior Staff Attorney, at the Vermont League of Cities and
Towns.
The primary purpose of the meeting is to learn what we need to know to facilitate our work. To that end, as we have been accumulating questions that we ask VLCT to address and that can form the basis of our discussion and Mr. Barlow’s presentation.
Charter Questions for Experts
This document is intended to be a running list of questions where the Governance Committee seeks input from professionals:
1./ Do any statutory criteria define a City vs. a Town or is that solely a local voter decision? Is there really any difference between a City or Town other than perception?
2./ Is it appropriate or not to include in the charter a section, perhaps in the Preface, a statement of principles or, perhaps, the mission statement from Colchester’s Heritage Project?
3./ Colchester Charter Section 103 Powers of the town paragraph (c) states that the Town may acquire real property by purchase, gift, etc. “with approval of the voters.” Some recent real estate gifts to the town were accomplished without such a town vote. Is this a problem? What should be the appropriate language to protect the voters and the tax base, but not tie the hands of leadership for “small” transactions?
Does the language of this section mean that voter approval is required for all property acquisitions within the boundaries of Colchester as well as outside the town’s boundaries?
4./ Colchester provides snowplowing for ~22 miles of private roads under the authority of this charter language: Section 104 (7) states; “To establish a policy whereby the Board of Selectmen may determine it to be in the public interest to plow those private roads serving two (2) or more year round residences, which previous to January 1, 1997 had the town providing winter road maintenance.”. What does VLCT recommend on this issue with respect to liability and policy?
5./ On the theory that one municipal corporation’s responsibility, among many, is to protect the public health and safety of its residents (or customers served in the case of a water district), what are the liability implications for failing to do so? How does this play out in the case where Colchester, by today’s charter language has the Town plowing some private roads and not others, arguably a public safety function?
6./ Should the Town incorporate language in its charter to accommodate ownership and management of a potable water utility? Future stormwater utility? Wastewater utility? Are other municipalities doing this?
7./ Is it a fair expectation that a duly enacted charter should be seen as a ‘contract’ with the government of a town and its residents, specifically on issues of public health and safety?
8./ What is the difference between a Policy and an Ordinance with regard to their creation and implementation? In your experience how have other municipalities made information about their policies available to the public? The specific procedure for passing ordinances is codified in state law and charters. Is that also true of the procedures for establishing policies by the governing body? Should a charter specify that policies enacted by the selectboard be published?
9./ Open Meeting Law and New Technology: We’re currently using a Google Drive to organize administratively, but we also see it’s potential as as valuable, interactive tool to write and collectively prepare for actionable items during a duly warned meeting. We’re finding as we undertake the work of Charter revision (in an advisory capacity) that the restrictions of Open Meeting Law (as understood) are impracticable with discussing, drafting and editing text online to prepare for an actionable item. How can we take on the work of writing a Charter in formats other than the traditional meeting led by oral communication? Is this in line with the law? If not, is there a way to duly warn an ongoing online forum made visible and interactive with the public? Similarly, we are concerned about the law’s take on emails between and among committee members. What (if anything) can we discuss in email? Are there no restrictions on what we can discuss if the discussion is between individuals? If two committee members exchange emails regarding a specific issue should those emails be made readily available to the public? In other words how can we work within the law to efficiently craft the text of documents we will present with electronic or online media?
10./As you have worked with municipalities over the past few years what issues have emerged for charter revision that are not covered by the other questions in our list? How have these issues been resolved?
11./To what extent should the charter include provisions covered by the general law when the Charter does not contradict the general law? Are there instance where pointing to the general law is a benefit or liability?
12./The Colchester Charter, Chapter 10, Section 1001 states that the charter may be amended in accordance with state law. Have any municipalities strengthened this provision to specify a periodic review of the charter? Do other charters specify any process for initiating the charter review? Can citizens initiate this process by any specific means?
13./ What is the relationship of the Charter to State law? What are the responsibilities (if any) of the town vs. state? Does the local charter take precedence when state law is changed? If state law changes does the charter need to be amended? For example: Assume an ordinance is passed in 2012 stating that houses can be built as long as they are more than 75 feet from a lake shore. In 2013 the state passes a law saying no houses can be built within 100 feet of a shoreline. Can a house be built 80 feet from the shoreline in this community?
14.) Remaining respectful of the fact that a Town Manager is apolitical while also being respectful of the checks and balances between the administration and the policy body, are there formal charter mechanisms by which Selectboards can take intermediary steps when a Manager is negligent to or overstepping the authority of the lawmaking body: e.g., performance evaluation, executive session vote of concern, etc.?
