Sep

2021

09-27-2021 Selectboard Meeting

Town of Fairlee Town Hall
75 Town Common Road
Fairlee, VT 05045

Monday, September 27, 2021

Call to Order: 6:09 PM. Peter Berger, Chair, called the meeting to order. A quorum was met.

PRESENT

Selectboard Members: Peter Berger, Chair; Cathy McGrath, Vice Chair; and Lance Mills
Town Administrator: Tad Nunez
Town Clerk: Georgette Wolf-Ludwig
Treasurer: Lisa Hinsley
Lister: Noël Walker
Zoning Administrator: Chris Brimmer
Board Clerk: Joanna Bligh

Visitors In Person:

Don Weaver

Dennis Farmer

Anthony Gahagan

Bruce Durgin
Lillian Gahagen (Journal Opinion)
Donna Richardson
Mark Richardson
Clint Bissell
Bob Wertheimer
Martha Vetal
Carol Stickney
Tom Ward
Rob Chapin
Chaz Hinsley
Dan Ludwig
Smith Reed
David Forbes
Susanne Pacilio
Bill Weale
Larry Farnham
Bob Maddock
Scott O’Donnell
Gary O’Donnell

Dennis O’Donnell
Chad Pearson

AGENDA APPROVAL AND MODIFICATIONS:

MOTION: Lance Mills/Cathy McGrath moved/seconded the motion to accept the Agenda as written. The motion passed unanimously.

STAFF AND PUBLIC COMMENTS

Communication Between Planning Commission and the Selectboard
Susanne Pacilio, Planning Commission member, addressed the Selectboard noting that there was a lack of communication between the Selectboard and the Commission relating to the Bylaw. She felt that the changes to the Interim Bylaw were not acceptable.

Lake Morey Status Report
Don Weaver reported that three agencies/companies notified the Lake Morey Foundation that there was no milfoil found in the lake during their examinations this fall.

Fairlee Fall Festival
McGrath reported on the spectacular Fall Festival event in Fairlee on Saturday, and she commended all the volunteer groups that participated and helped with the Festival. McGrath noted that fencing on the east side of the Common might be considered as a safety measure.

Zoning Administrator’s Report:

Brimmer attended the State of Vermont, Agency of Commerce and Community Development, Historic Preservation grant webinar, and he was not sure how strong our application would be this year for the second-floor windows because funding has been diverted to other priorities. Brimmer noted that if the SB has a priority for engineering/use assessment on the Railroad Station, this may be the year to apply.

Brimmer stated that a presentation on the roofline building plan will be made to the Development Review Board (DRB) Tuesday night. If the Selectboard wishes to take a position, Brimmer suggested that the Board members Zoom into the meeting.

Brimmer reported that a sketch plan on the lot line adjustment related to the Chapman’s Store property will also be on the DRB docket. Travis Noyes plans to make the presentation, and Brimmer recommended that a Selectboard member Zoom into the meeting.

Brimmer announced that the Lake Morey building moratorium has been generating a lot of interest.

Brimmer began working with Brandy Saxton of PlaceSense (Windsor, VT; https://placesense.com/) to put together the budget and proposal for the Municipal Planning grant, and there is still a strong recommendation that wayfinding signage could be included in the application.

[End of Zoning Administrator’s Report]

Town Administrator’s Report

Tad Nunez provided a report on the Town Administrator’s activities and meetings during the week beginning September 20, 2021:

Nunez reported that the final 2021 Lake Morey inspection by SOLitude was completed on September 23, and it was reported that not a single stem of milfoil was found.

Nunez reported that the Town received the survey plan from Travis Noyes outlining the boundary lines of the property the Town would like to convey to the Chapmans. Nunez announced that the sketch review will be presented to the DRB on September 28, and the property line adjustment plan can be heard at the DRB meeting on Tuesday, October 26.

Nunez met with Lisa Hinsley, Treasurer, to review the FY22 budget preparation schedule, and it is anticipated that the Town will be asking the Selectboard and Departments to meet on one day only to review each proposed department budget.

Nunez sent out the requests for appropriation funds to 24 nonprofit organizations with a return deadline of October 22.

Nunez participated in the GIS Data Collection & Mapping workshop conducted by Rural Community Assistance Partnership Solutions, Inc.

Nunez reported that the last reimbursement for the Local Hazard Mitigation plan was denied, and Nunez is currently compiling the information that VT State officials are requiring, including the time, date, topics discussed, and attendance of each meeting held.

Nunez met with representatives of Fairlee Community Arts to discuss a fee structure to hire a stage manager during private/public events, the cost of which would be applied to the rental fee. Nunez recommended a fee of $50 for the stage manager and $25 per use of each type of equipment (sound, lights, or projector/screens).

Nunez reported that the Town received notice of a claim from Dennis O’Donnell relating to the Town causing damage to his property after the meter installation project was completed. Nunez noted that the claim was reviewed by the Town’s insurance carrier earlier this year and was dismissed. Nunez forwarded the claim to an insurance claim specialist who will be consulting with the Vermont League of Cities and Towns in-house counsel.

Nunez completed and submitted an equipment grant request that allows the Town to purchase one piece of equipment to assist with implementing Best Management Practices required by the Municipal Roads General Permit. Nunez reported that the purchase a haybale shredder (retail $8,030) for $1,608 will be considered.

Nunez reported that the work was completed on Bald Top Road to minimize the stormwater runoff.

[End of Town Administrator’s Report]

MOTION: Lance Mills/Cathy McGrath moved/seconded the motion to recess the Selectboard meeting and open the Public Meeting at 6:30 PM. The motion passed unanimously.

PUBLIC MEETING opened at 6:30 PM

Berger introduced the topics for discussion at the Public Meeting: the Bylaw amendments including the rural resource area and the moratorium for building construction on the Lake Morey shoreline.

Bylaw Amendments

Brimmer summarized the Bylaw amendments and first focused on §2.2 Purposes of Zoning Districts.

Dennis Farmer asked about semi-detached dwellings under §3.1.1 C. as additional housing and about waterfront setbacks on the Connecticut River because there are 3- to 4-foot changes to high water. Brimmer responded that the DRB can review any conditional uses, and the Connecticut River shoreline is a flood zone.

Anthony Gahagan asked about the 15-acre lots and 25-foot height limitation in the Bylaw. Brimmer stated that in the rural resource area, 15 acres, which is a placeholder, is the lot size to subdivide with one-lot exemptions for cluster housing and provisions for density bonuses. Pacilio noted that this plan prevents forest fragmentation and is an asset to the Town.

Brimmer noted that this interim Bylaw sunsets in 2 years; whereupon a Town vote will be needed. Discussion continued.

Dennis O’Donnell asked where the rural resource area is.

Kathryn Friedman asked about conditional use permits on the lakefront. Brimmer responded that there is an exception in §5. Conditional Use, which will pass Board review if the applicant uses the Americans With Disability Act to demonstrate a need.

Lake Morey Construction Moratorium

Berger addressed the conditional use moratorium on the Lake Morey shorefront until the results of cyanobacteria testing is complete.

Gahagan asked if septic tanks would be tested.

Bruce Durgin noted that with new construction, new and safer septic systems would be installed.

Farmer recommended that the Agency of Natural Resources be contacted for help.

Clint Bissell asked if the phosphorus levels are worse than in the past. McGrath stated “No,” but noted there are surges during heavy rain events.

Bill Weale stated that the forest is “hemorrhaging erosion.”

Bissell asked about Home Occupation definitions.

Brimmer replied that there are four levels:

Home office (no regulations).

Home occupation (minor portion of dwelling, customer visits, and parking).

Residential business or service (may have employees).

Cottage industry (for example, molten metals).

Discussion focused on the Town Forest and the watershed surrounding Lake Morey.

Dan Ludwig stated that the phosphorus in the lake is from the seeping septic systems and the runoff from I-91.

Brimmer stated that the zoning Bylaw has no control over the Town’s forestry policies, but the Town is the property owner.

Berger stated that additional questions can be directed to the Planning Commission.

MOTION: Cathy McGrath/Lance Mills moved/seconded the motion to close the Public Hearing at 7:53 PM. The motion passed unanimously.

PUBLIC MEETING closed at 7:53 PM

MOTION: Cathy McGrath/Lance Mills moved/seconded the motion to reconvene the Selectboard meeting at 7:59 PM. The motion passed unanimously.

MOTION: Lance Mills/Cathy McGrath moved/seconded the motion to approve the Interim Bylaw as written. The motion passed unanimously.

MOTION: Lance Mills/Cathy McGrath moved/seconded the motion to approve the Lake Morey Building/Construction Moratorium. The motion passed unanimously.

OLD BUSINESS

American Rescue Plan Act (ARPA) / Short Project List

McGrath stated that she wished to remove childcare and eldercare items from the short list given what she learned about the local market.

Farmer discussed the priorities he felt were important for the ARPA funds.

Hinsley announced that there will be an upcoming ARPA workshop.

Berger suggested tabling developing an ARPA short list at this meeting.

NEXT SELECTBOARD MEETING: Monday, October 4, 2021, at 6:00 PM.

CORRESPONDENCE: None.

MINUTES REVIEW

Berger tabled the 9-20-21 Minutes review until the next meeting.

ADJOURN
MOTION: Lance Mills/Cathy McGrath moved/seconded the motion to adjourn the meeting at 8:13 PM. The motion passed unanimously.

Attest: Joanna Bligh, Board Clerk