Public Hearing + Regular Meeting of Monday June 26, 2023 at 7:00 PM
At South Hero Town Hall and via Zoom
Board Members Present: David Carter/Chairman (via Zoom), Ross Brown/Vice Chairman, Skip Brown/Board Secretary, Anne Zolotas and Chuck Hulse
Board Members Not Present: none
Other Staff + elected officials Present: Sue Arguin, Town Administrator. Also see sign in sheet of in person and Zoom attendees. *Attendance SB 2023-06-26-2023
1. Called to Order:
-The meeting was called to order by Vice Chairman Ross Brown at 7:00 pm
2. Public Hearings:
A. Ross Brown warned this Public Hearing to change the White’s Beach Parking Ordinance to add to Section 2 Parking: “No vehicles, campers, or tents shall be on the beach at any time.”
Joan Falcao asked if this include small shade tents. No, the intent is meant to exclude camping tents.
Chuck Hulse made a motion to add “No vehicles, campers, or tents shall be on the beach at any time” to Section 2. The motion was seconded, all in attendance so voted and the motions carried. This change will take effect in 21 days. This Public hearing was then closed.
B. Ross Brown warned this Public Hearing to adopt wording for a Town Charter to be voted on August 1, 2023.
See attached*Town Charter. Bob Fireovid questioned Section 7, Stating:
“Ordinances: The Town of South Hero may adopt, amend, repeal, and enforce any rule, regulation, bylaw, or
ordinance to carry into execution all the powers granted to the Town of South Hero.” He asked if this means that
the Selectboard has the right to change development regulations. Some items listed in this sentence the
whole Town currently votes on, such as updated Development Regulations. Those methods would not change as
the powers are granted to the Town of South Hero as a whole and whatever was in effect before will remain.
Joan Falcao asked if this charter is too narrow in its mention of 1% rooms, meals and alcohol local option tax. The
State set the 1% tax and no local option sales tax is currently planned to be charged. David Carter made a motion
to approve the wording for a Town Charter to be voted on August 1, 2023. The motion was seconded, all in
attendance so voted and the motions carried. Chuck Hulse made a motion to accept the wording for the August 1,
2023 Ballot, as read by Ross Brown stating: “Will the voters of South Hero approve a Town Charter, as prepared
and approved by Selectboard following a public hearing held by the Selectboard. If approved by the voters, it will be sent to the Legislature for its approval and adoption into law, per 17 V.S.A. 2645.” The motion was seconded, all in attendance so voted and the motions carried. This Public Hearing was then closed.
C. Ross Brown warned the Public Hearing regarding the draft of the 2023-2031 Town Plan.
Sandy Gregg presented some minor edits to amend the posted draft to fix some typos, acronyms, minor word
changes and spacing. See Attached.* Town Plan Amendments final report.6.25.23.SB Each possible edit was read and explained. All were adopted except #6.
(adding the word “major.”). Ross Brown read the warning for the August 1, 2023 ballot: “Will the voters of the Town of South Hero adopt the revised South Hero Town Plan 2023-2031, as prepared by the Planning Commission according to 24 V.S.A. §4384 and approved by the Selectboard following the final public hearing held by the Selectboard per the process required by 24 V.S.A. §4385?” Chuck Hulse made a motion to accept the Town Plan and the ballot wording for the Town Plan vote. The motion was seconded, all in attendance so voted and the motions carried.
This public hearing was closed at 7:33 and the regular Selectboard meeting began.
Adjustment to Agenda:
-Add: Accept Errors & Omissions and Approve Liquor License to New business.
-Chuck Hulse made a motion to approve the minutes of June 12, 2023. The motion was seconded, all in attendance so voted and the motions carried.
4. Public input:
A. None at this meeting
5. New Business:
A. David Carter made a motion to approve the errors and omissions as presented by the Listers for a mobile home that was removed from the Norton, Dorothy Trust property. The motion was seconded, all in attendance so voted and the motions carried.
B. David Carter made a motion to approve the liquor license for Pans Pizza. The motion was seconded. Anne Zolotas did not vote. The others in attendance so voted and the motions carried.
C. David Carter made a motion to re-appoint David Roy, Sandy Gregg and George Harwood to the Planning Commission. The motion was seconded, all in attendance so voted and the motions carried.
D. Chuck Hulse made a motion to approve the wording for the ARPA Fund Expenditure Procedure as presented by Treasurer, Kim Julow. *See Attached. The motion was seconded, all in attendance so voted and the motions carried.
6. Town Administrator and ZA Reports:
A. See the written reports filed with these minutes (Below on the website or in Town Hall).
7. Old and Ongoing Business:
A. none at this meeting
8. Announcements and Communications:
A. See additions in Additions to the Agenda above
9. Other Business:
A. Skip Brown made a motion to approve and sign orders 23-26 and to pay the bills associated with the orders. The motion was seconded, all in attendance so voted and the motions carried.
B. Town Clerk/Treasurer updates: see above
C. Recreation Commission (RC) update: none
D. Road Department update: Paving is now scheduled for July. Haycorn Hollow is being prepped to try to alleviate runoff. The foundation plan for the salt shed is waiting for an engineer’s stamp.
E. Old South Hero Meeting House (OSHMH) project: A revised drawing showing a ramp and a covered fire escape is being finalized.
F. ARPA fund updates: none
G. Wastewater (WW) update: none
H. Town Hall Feasibility study committee: The current Town Hall building is nearing the end of its life. See the engineers report for a full assessment. Air samples were taken. Even though there is mold in the crawl space, the air in the office areas is testing fine.
-Chuck Hulse made a motion to adjourn at 7:58 pm. The motion was seconded, all in attendance so voted and the motion carried.
Respectfully submitted, Approved by,
Graham Brown, Secretary David Carter, Chairman
June 26, 2023 ZA’s report to the SB
1. Has the Selectboard considered whether it wants to establish a written policy for
determining substantial damage in the case of a widespread flood event, per my report
on May 12? It is recommended that a Town should have a written policy for the current
market value of the structure only, determined by either —
– Tax assessed value (no older than 2 years),
– Hiring an appraiser ahead of time for properties within the flood plain,
– Homeowner supplies an appraisal from a licensed professional appraiser. Needs to
be recent (1 to 2 years),
– Zoning administrator will make the determination (not in my lifetime…).
2. I inadvertently omitted George Harwood from the list of Planning Commissioners whose
3-year terms end on June 30. George has asked to be re-appointed for another 3-year
term. Can this appointment happen this evening?
3. The VLCT Spring Planning and Zoning Forum was held virtually on June 14 and 22 nd . The
June 14 session covered the recent Housing legislation and the June 22 session delved
into short-term rental regulations. This second session was a fascinating discussion.
There were presenters from the towns of Killington and Dover, both ski towns with
many short-term rental units. If the SB would like to include a discussion on this at a
future meeting, let me know. I am getting an increasing number of calls from residents
complaining about properties near them that are full- or part-time short-term rentals.
Many of these complaints are for units that are advertised to accommodate many more
people than the septic system allows, in addition to noise complaints. As for the new
Housing bill, I’ve received a copy of it and am reading through it now. It will necessitate
some changes to the Town’s Development Regulations that are State-mandated and will
not require approval by the voters of South Hero. I will have a more comprehensive
report on this at the next SB meeting.
4. I have received complaints from residents on Hochelaga Rd. about speeding cars and
delivery vehicles to and from Camp Hochelaga. The speed limit is currently 35mph. The
residents would like to see it reduced to 25mph, but a traffic study is required first. Kyle
Grenier, the Transportation Planner at NRPC, has scheduled a traffic study to be
conducted later in the summer. He will keep the Town informed of the exact schedule
once he knows.
5. The next Zoning 101 class will be Thursday, June 29 at 6PM at the Town Office. Topics
covered will include the DRB’s review responsibilities for Conditional Use review, Site
Plan review, Variances, and Setback waivers.
Marta Taylor-Varney, ZA