Selectboard Minutes
Public Hearing + Regular Meeting of Monday December 11, 2023 at 7:00 PM
At South Hero Town Hall and via Zoom
Board Members Present: David Carter/Chairman, Ross Brown/Vice Chairman, Skip Brown/Board Secretary, Anne Zolotas (via Zoom)
Board Members Not Present: Chuck Hulse
Other Staff Present: Sue Arguin, Town Administrator, Naomi King, Town Clerk and Martha Taylor-Varney, ZA (via Zoom). Also see sign in sheet of in person and Zoom attendees. *Attendance SB 2023-12-11-2023
1. Called to Order:
– The meeting was called to order by Chairman Carter at 7:00 pm.
2. Public Hearing during the meeting:
A. David Carter read the warning:
Notice is hereby given to the residents of the Town of South Hero, Vermont that the South Hero Selectboard is holding a hearing to consider the following proposed Town of South Hero Development Regulations pursuant to Chapter 117 of Title 24, §4384 and §4441, V.S.A.:
The draft proposed regulations include technical corrections to grammar and typos, changes to the review process for two-family dwellings (duplexes) mandated by the H.O.M.E. Act, and clarifications on the DRB’s review standards for storm-water.
Public Comment: Bridget Kerr asked if there was a new definition of “light industry” in the Development Regulations. David Carter noted that such a definition is difficult, as there are many interpretations of what “light industry” could mean in a certain areas. Sandy Gregg noted that such a definition is not included in these updates and may be better explained as future rewrites are made. After the public comment, Ross Brown made a motion to adopt the draft changes as presented and warned. The motion was seconded, all in attendance so voted and the motion carried.
3. Adjustment to Agenda:
-Discuss a home burial policy with the ZA report.
4. Minutes:
-Ross Brown made a motion to approve the minutes of November 27, 2023. The motion was seconded, all in attendance so voted and the motion carried.
5. Public input:
A. Tim Maxham would like to thank whoever dropped off some firewood in his driveway over the weekend.
6. New Business:
A. John Beaulac and John Roy were in attendance to present the budget request for the Town Road Department. See attached: *Highway FY 2023-24 Budget Request
-It was also mentioned that in the past, there has been an unwritten policy that South Hero residents could take a couple of 5 gallons buckets of sand for their use. It was noted that someone was seen who brought a small loader and dump truck and may have taken 8-10 yards of sand. Cameras are now going to be installed and a written policy will be presented to the Selectboard for approval about resident’s quantity of sand allowed to be taken.
-Also, a written policy about new driveway culverts will be presented.
B. Town Clerk Naomi King was in attendance to present the budget for line items for the Town office. See attached * Town Clerk FY 2024-25 Budget request
C. Phil Scott and Dylan Degree were in attendance to present the budget request for the Recreation Commission (RC). See attached * Rec. Comm. FY 2024-25 Budget Proposal
-Note that parking passes for the beach cover most of the cost of the parking attendant. It was asked if more passes for out of town residents will be considered. More info will follow.
-Also, the RC will apply for a VOREC grant in the amount of $355,200. to cover expenses for a phase 2 of a proposed Town park. More info will follow after the application is submitted.
– Ross Brown made a motion to re-appoint Jessica Jackson, Phil Scott, Dylan Degree and to appoint Sue Arguin to the Recreation Commission. The motion was seconded, all in attendance so voted and the motion carried.
D. Bridget Kerr and Bob Fireovid were in attendance to present the budget request for the Conservation Commission. See attached *Conservation Commission Proposed Budget (FY 2024-25)
-The proposed budget includes money for a phase one South Hero Natural Resources Inventory and a study of Kestrels.
E. The Treasurer did not attend so the general budget will be discussed at the next meeting.
F. A proposed ordinance to Regulate Livestock Running at Large was presented. It will be posted and discussed at the next meeting.
7. Town Administrator and ZA Reports:
A. See the written reports filed with these minutes (Below on the website or in Town Hall).
B. A proposed South Hero Home Burial Policy was presented. It will be posted and discussed at the next meeting.
C. Skip Brown made a motion to approve and sign a contract for Fitzgerald Environmental Assoc., LLC for wetlands delineation near Martin Rd. The motion was seconded, all in attendance so voted and the motion carried.
D. Ross Brown made a motion to re-appoint Liza Kilcoyne, Jim Brightwell and Mike Welch for 3 year terms to the DRB. The motion was seconded, all in attendance so voted and the motion carried.
-Ross Brown made a motion to appoint Tim Mullen and re-appoint Ellie Reid for 1 year terms as alternates to the DRB. The motion was seconded, all in attendance so voted and the motion carried.
-Thanks to Sherry Corbin who has served on the DRB in the past and has decided to not be appointed again.
E. Sue Arguin said that the Town Hazard Mitigation plan has expired. More info will follow at a future meeting as to what is involved reinstating it.
F. David Carter made a motion to appoint Sue Arguin to the Wastewater Commission. The motion was seconded, all in attendance so voted and the motion carried.
8. Old and Ongoing Business:
A. none at this meeting
9. Announcements and Communications:
A. see above included in AA report.
10. Other Business:
A. Ross Brown made a motion to approve and sign the orders 24-12 and to pay the bills associated with the orders. The motion was seconded, all in attendance so voted and the motion carried.
B. Town Clerk/Treasurer updates: see above budget discussion
C. Recreation Commission (RC) update: see above budget discussion
D. Road Department update: see above budget discussion
E. Old South Hero Meeting House (OSHMH) project: Ross Brown made a motion to approve and sign the paper work for the VCDP Planning Grant administration. The motion was seconded, all in attendance so voted and the motion carried.
F. ARPA fund updates: An air quality study will be done on the South Hero Bicentennial Museum and ARPA funds may be used for this.
G. Wastewater (WW) update: Test pits have been dug. Ross Brown made a motion to approve and sign the updated paperwork for the Loan Agreement for the Vermont State Revolving Fund in the amount of $96,910.00. The motion was seconded, all in attendance so voted and the motion carried. As Peter Zamore explained, this loan does not have to be paid back but paperwork for the work that has done needs to be accounted for.
H. Town Hall Feasibility study committee: Read the minutes from that committee for more info.
G. Note that this is the last meeting of 2023, as there will NOT be a meeting on December 25. There will be a special meeting to finalize articles and warnings for the Town Report on January 15, 2024.
11. Adjournment:
-Skip Brown made a motion to adjourn at 8:40 pm. The motion was seconded, all in attendance so voted and the motion carried.
Respectfully submitted, Approved by,
_______________________________ ________________________________
Graham Brown, Secretary David Carter, Chairman
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
December 11, 2023 ZA’s report to the SB
1. The Selectboard was sent a draft policy for home burials that Naomi researched for their
review. It includes requirements for a map showing the location of a burial, which must
be recorded in the Town Land Records, in addition to re-stating State requirements
related to minimum distances from wells, etc. I was reminded over the weekend that
there perhaps ought also to be a requirement to call Dig Safe beforehand, depending on
the location.
2. The Board has been sent the proposal from Fitzgerald Environmental that you requested
for the wetland delineation for the after-the-fact wetland permit for work on Martin Rd.
that created additional parking in the area of the Allen Point/bike ferry path. There is a
signature page included. VT DEC had given the Town a deadline of Dec. 7 to secure an
agreement for spring 2024 delineation but agreed to extend it to the SB meeting
tonight. Unfortunately, since the work was done by the Town without required State
permits, the cost of remediation is unavoidable.
3. Regarding the complaint by Brady Baker of 315 US RT 2 that the water line recently put
in for the museum lacked the proper State permits for wastewater and potable water —
the State enforcement officer visited the museum on November 29 and found that
there was no need for a State WW/Potable water permit since there are no facilities in
the building. There is no sink in the basement, as Mr. Baker had insisted. Neither the
use of water for the humidifier and dehumidifier, nor the discharge from the sump
pump requires a State permit.
Planning Commission
The Planning Commission’s public hearing for changes to the Development Regulations was
held on November 29, 2023 at 6PM at the Town Office. There are changes that were mandated
by the HOME Act regarding permitting duplexes, technical changes correcting typos and
grammatical errors, and clarifications related to stormwater. The hearing was attended by 4
people, none of whom had concerns about the proposed edits/changes. The Selectboard’s
required public hearing is scheduled for tonight’s meeting. It has been confirmed with NRPC
that the Planning Commission has interpreted correctly that the process spelled out in the
HOME Act for approval of zoning bylaws in Rural Towns must be adoption by the Selectboard
rather than by Australian ballot.
Development Review Board
– The next meeting and hearing will be December 13. There will only be one meeting in
December because of the Christmas holiday.
-The 3-year terms of 3 members of the DRB will expire on Dec. 31 st . Current members Liza
Kilcoyne, Mike Welch, and Jim Brightwell have asked to be re-appointed to the Board for
another 3-year term. I received a letter of interest and a visit from Tim Mullen in response to
the ad for an open Alternate position on the Board, which has a term of 1 year. I am
recommending that the Selectboard re-appoint Mike, Liza, and Jim to another 3-year term each
as regular members of the DRB. I am recommending that the Board appoint Tim Mullen to a 1-
year term as an Alternate member and re-appoint Ellie Reid to another 1-year term as an
Alternate.
— The Board’s first meeting of the new year will be January 10.
Respectfully submitted,
Martha Taylor-Varney, ZA
Monday, December 11, 2023 TOWN ADMINISTRATOR’S REPORT
1. There is a Local Hazard Mitigation Plan- BRIC2022 that needs to be updated asap. It expired
this past July 2023. After speaking with Lisa Kolb the Hazard Mitigation Grant Manager, she’s
looking for whether or not South Hero would like to move forward with updating our Plan. The
cost associated with updating a plan would be around $13,500 with a federal match of $9862.50
and a local match of $3,287.50. There are a few companies that do them including the NRPC.
2. Stephen Hilfiker, who is the project manager for testing the Landfill sent me an email saying
they were conducting the 2023 Groundwater and Private Supply Well Sampling tomorrow,
Tuesday, December 12 th .
3. I will need to be appointed by the Selectboard to join the Wastewater Committee effective
immediately. Their next meeting will be next Monday, December 18 th at 4:30.
4. There will be a Public Safety Community Engagement Session in Waterbury State Office
buildings that Governor Scott’s Administration is putting on for municipalities. It is 12/18/2023
from 10-3:30. Just wanted to see if you wanted someone from our town to attend?
5. There was a certified letter that came from the State of Vermont Agency of Natural Resources-
(Please see attached Letter)