June 27, 2022 Minutes

Selectboard Minutes
Regular Meeting of Monday June 27, 2022 at 7:00 PM
At South Hero Town Hall and via Zoom

Board Members Present: David Carter/Chairman (via Zoom), Skip Brown/Board Secretary, Ross Brown/Vice Chairman Anne Zolotas (arrived at 7:12), and Chuck Hulse (via Zoom)
Board Members Not Present: none
Others Present: Martha Taylor-Varney, ZA + Naomi King, Town Clerk + Kim Julow, Treasurer. Also see sign in sheet of in person and active Zoom participants. *Attendance SB 06-27-2022

1. Called to Order:
-The meeting was called to order by Vice – Chairman Ross Brown at 7:00 pm

2. Adjustment to Agenda:
-Change the order of New Business to allow Milton Rescue to go first

3. Minutes:
-David Carter made a motion to acknowledge the minutes of the meeting of June 13, 2022. The motion was seconded, all in attendance at the meeting so voted and the motion carried.

4. Public input:
A. Carol Tremble, who is a member of the Rec. Commission, and Jack Tremble were present to discuss the possibility of having the Town install a pump track on Town property. It was suggested that a plan with designs and pricing be brought to a future Selectboard meeting.

5. New Business:
A. Sean McCann and Mikaela Lazar of Milton Rescue were present to discuss having South Hero support Milton Rescue to obtain a paramedic license. David Carter made a motion to approve and sign a resolution supporting Milton Rescue obtaining a paramedic license. The motion was seconded, all in attendance so voted and the motion carried.
B. Joe Connelly of RunVT was present to discuss the Island Vines running race that will occur on Sept. 18 beginning at Snow Farm Vineyard. It will begin at 9:00 am and will run out and back on West Shore Rd. The planners will install signage before the race and will do their best to minimize disruption to the traffic on West Shore Rd. David Carter made a motion to allow the Island Vines Race on Sept. 18, 2022. The motion was seconded, all in attendance so voted and the motion carried.
C. South Hero Listers Sherry Corbin and Cecile Gove were present to discuss issues with the Listers. The State has changed parameters over the years and it is becoming a more complicated job than in the past. South Hero has utilized the services of Ted Nelson of Vermont Appraisal Co., but he is phasing out. The Listers are looking into solutions for the future. One possibility may be collaborating with other County towns who are having similar issues, and hiring professional assessor to do the job. This will be an ongoing discussion and more information will be forthcoming.
D. David Carter made a motion to appoint Fred Bartle and Michelle Gammal to 3 year terms on the Planning Commission. The motion was seconded, all in attendance so voted and the motion carried.

6. Administrative Assistant Report:
A. See the written report filed with these minutes (Below on the website or in Town Hall).
B. Ross Brown made a motion to waive the boundary line adjustment fee for the parcel of land on Hill Rd. that the Town is planning to purchase for a future salt shed. The motion was seconded, all in attendance so voted and the motion carried.

7. Old and Ongoing Business:
A. Due to the discovery of PFAS in the landfill, more testing needs to be done. The Town Consultants, VHB, has completed a desktop review memorandum outlining steps that they recommend. *2022-06-17_South Hero Landfill Desktop Review    David Carter made a motion to approve the June 17, 2022 memorandum so that VHB can forward it to the State for their input. The motion was seconded, all in attendance so voted and the motion carried.

B. Bridget Kerr was present to discuss the possibility of forming a South Hero Conservation Commission. Such a commission would be an advisory body that could advise the Selectboard and help the PC craft a Town Plan. It appears that members would have to be South Hero, Vermont residents. Anne Zolotas made a motion to allow the formation of a Conservation Commission. The motion was seconded, all in attendance so voted and the motion carried. When names of possible members are brought to the Board, then the Board has the responsibility of formally appointing them to the Commission so that they can begin public meetings.

8. Announcements and Communications:
A. none at this meeting

9. Other Business:
A. Skip Brown made a motion to approve and sign orders 22-26 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: Kim Julow notes that this week is the last week of the fiscal year. She has no more outstanding expenses and expects income to cover the budget. She has learned that some funds are able to be carried over into the next fiscal year. Naomi King stated that she has been busy with absentee ballots for the upcoming primary.
C. Recreation Commission (RC) update: Chuck Hulse noted that the Beach area parking has been going well and the GMCS is doing a good job. The RC’s next meeting will be July 14 and there needs to be reorganization at that meeting as several members have left and there is no legislative body in the RC at this time. If you are interested in joining the Rec. Comm., please reach to the Town Clerk.
D. Road Department update: Roadside mowing is delayed due to a broken mower. The striping on Landon Rd. and South St has still not been completed and will be done as soon as possible.
E. Old South Hero Meeting House (OSHMH): The public outreach event was today and seemed well attended.
F ARPA fund updates: The Survey is complete and is being reviewed by the PC.
G. David Carter made a motion to go into executive session for personnel matters at 8:55 pm. The motion was seconded, all in attendance so voted and the motion carried. Executive session ended at 9:05 pm. After Executive session, David Carter made a motion to approve the rate of pay and salaries as budgeted. The motion was seconded, all in attendance so voted and the motion carried.

10. Adjournment:
-Skip Brown made a motion to adjourn 9:07 pm. The motion was seconded, all in attendance so voted and the motion carried.

Respectfully submitted,                                         Approved by,

_______________________________                       ________________________________
Graham Brown                                                        Ross Brown, Vice-Chairman


Administrative Officer’s Report to Selectboard                                 June 27, 2022

  1. I received the boundary adjustment application for the property the Town is buying from Gardner Construction on Hill Rd. It was approved on June 22nd and will become effective on July 7th, at which time the survey mylar will be recorded.  Does the Selectboard wish to waive the boundary adjustment fee ($115.00)?
  2. I issued a Notice of Zoning Violation on June 14th to the McConnell Family Limited Partnership at 118 Featherbed Lane for a setback violation that occurred 10 years ago due to lake flooding in 2011. The statute of limitations for zoning violations is 15 years. The violation was reported in August 2021 and given a deadline of June 1, 2022 to correct.  The structure is still there.  The McConnells have asked Mark Naud to make arrangements for the removal of the structure from the Morrissette lakefront.  The original violation was identified in August 2021 and a deadline of September 30 was given for its removal.  A subsequent agreement between the parties moved the deadline to June 1, 2022.  As recent as this past April, the McConnells said the deadline would be met.  It was not.  I sent a required 7-day notice to the McConnells on June 1st, giving them to June 9 to complete the removal (since I was out of town for part of that week).  Again, no removal nor any communication.  The Notice of Violation was mailed on June 14.  VLCT’s Municipal Assistance Center advised me that the 15-day appeal period that began with the issuance of the NOV and that an enforcement action could begin on June 29.  Mark Naud submitted an appeal to my NOV on June 22nd but asked that I not schedule a hearing before the DRB yet.  He stated that he felt the structure could be moved by the end of July.  The Morrissettes are understandably upset since it has now been nearly 10 months since the violation was identified and they agreed to the extended period to remove the structure, with no compliance.  An appeal must go before the Development Review Board which requires a warning to appear in the Islander almost 3-weeks before the hearing date.  I have missed the required date for a July 13 hearing.  The next opportunity will be July 27, requiring a warning in the July 6th Islander to meet statute.  Naud claims it can be removed by the end of July.  How long must the Town and the Morrissettes wait if my notice of violation is appealed but they don’t want to schedule a hearing yet?
  3. I have emailed copies of the Environmental Due Diligence memo to the SB members for the South Hero Landfill site. This memo presents the work plan to further define the PFAS contamination, evaluate potential corrective action alternatives, as well as updating the 9/20/2019 Post Closure Certification Application, as requested by the State Solid Waste Program.  VHB needs the Board to review and approve this plan so it can be forwarded to the State for their review and approval.
  4. There will be a free online training for Introduction to Floodplain Management available from the National Flood Insurance Program. This training will be self-paced and will offer the opportunity to take the Certified Flood Manager test at the end.  I took this course in-person in Essex Junction in 2018.  I applied to take the exam on 2 different occasions in the northern New England area but both exams were canceled.  I’d like to try again since this time it can be done online.  I hope to start the course in July as a refresher and take the exam in August or September.
  5. I received notice that there is available funding for the FY2023 Building Communities Facilities Grants administered by the Department of Buildings and General Services.
  • $300,000 – Recreational Facilities Grant Program
  • $300,000 – Regional Economic Development Grant Program
  • $150,000 – Human Services Facilities Grant Program
  • $150,000 – Educational Facilities Grant Program


Planning Commission

2023 Town Plan discussion — The Commission has scheduled public outreach opportunities for June 27 (today from 4 to 6PM) and August 22, to be referred to as “Community Cheers and Cheese.”  Three additional outreach opportunities will be at the Farmers’ Market on June 22, July 13, and August 17. The June 27 outreach will be from 4-6pm at the Old South Hero Meeting House.

The PC’s survey has been approved and is now available online at the NRPC website under South Hero.

There will be no meeting on July 6th.

Development Review Board

  1. The site plan review for the redevelopment of the old Sand Bar Inn lot at 59 US RT 2 concluded on June 8th. The Board has up to 45 days to reach its decision.


Respectfully submitted,

Martha Taylor-Varney, ZA and Asst. to the Selectboard