Selectboard 1/6/25
-
Monday,
January 6, 2025
7PM – 10 PM
Minutes
Approved on: Tuesday, January 21, 2025
Minutes
Printable version
Web version
Town of Richmond
Selectboard Meeting
Minutes of January 6, 2025
Members Present: Bard Hill, Adam Wood, Bard Hill, David Sander, Jay Furr, Lisa Miller
Absent: None
Staff Present: Josh Arneson, Town Manager;Duncan Wardwell, Assistant to the Town Manager; Linda Parent, Town Clerk; Tyler Machia, Zoning Administrator; Keith Oborne, Town Planner.
Others Present: MMCTV Erin Wagg, Planning Commission Chair Virginia Clarke, CCRPC Jason Charest, WSP Erik Maki, WSP Anabelle Dally, Paige Kaleita, Connie van Eeghen, Susan Wells, Gary Bressor, Caitlin Filkins, JP, Polly iPad, Cathleen Gent, Andrew Bessette, Cara LaBounty, Kevin Kittinger, Mary Ann Kittinger, Sarah Heim, Trevor Brooks, B Johnsom, Robin Pesci, Noa, Douglas Thompson, KT, Bradley Holt, Chelsea Brooks.
MMCTV Video: Recorded by MMCTV by Erin Wagg, Tom
https://youtu.be/Bq5Nv6X7h7A?si=c1pJagnjFmngJLsz
Call to Order: 7:00 pm
Welcome by: Sander
Public Comment:
Furr mentioned that people have been seen skiing, sledding, and walking their dogs in Town cemeteries and he wanted to remind people that these are not recreation areas. Hill added that it’s also unsafe, as his neighbor once sledded in a cemetery and got a concussion after hitting a gravestone.
Reminder of Special Selectboard meeting on Tuesday, January 7 to work on the FY26 budget
Timestamp: 0:01
Additions or Deletions to Agenda: None
Items for Presentation or Discussion with those present
Public hearing for proposed Zoning Amendments which would create two new zoning districts; Village Residential Neighborhoods North (new section 3.11) and Village Residential Neighborhoods South (new section 3.12), introduce Residential Density (new section 6.14), amend Sections 6.1, 6.13, and 7, and include changes requested by the Selectboard at their 10/7/24 Public Hearing to align the regulations with Act 181
Timestamp: 0:03
People who participated in discussion: Sander, Arneson, Clarke, Oborne, Hill, Wood, LaBounty, Gent
Furr moved to open the public hearing for the consideration to amend Richmond Zoning Regulations which would create two new zoning districts; Village Residential Neighborhoods North (new section 3.11) and Village Residential Neighborhoods South (new section 3.12), introduce Residential Density (new section 6.14), amend Sections 6.1, 6.13, and 7, and include changes requested by the Selectboard at their 10/7/24 Public Hearing to align the regulations with Act 181. Miller seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Clarke started by explaining that Act 181 has required Zoning regulations to allow 3-to-4-unit homes to be allowed wherever single family units are allowed in Town. This has now been written into the Residential density explanatory section. Clarke has been encouraged to come to future legislative meetings to talk about the issues we face here in Richmond regarding these new laws, since it was put to her as “a work in progress.” Oborne added that because this is the law it needs to be in our Zoning regulations, but it’s also unreasonable to think that we could support 20 units on a one acre lot in our Town. Clarke emphasized she doesn’t think these things will start happening tomorrow, but that it's important to be part of the legislative conversation around this new mandate. Hill added that this will impact our Water and Sewer district. Clarke said that some wording has been changed around to describe supported housing types. LaBounty is concerned that Richmond is pushing back on the changes that the State wants to make. Wood wanted to clarify that this relates to building new housing that would house 3 to 4 units in one dwelling. Gent said that Richmond has wanted to make more housing, and affordable housing, but she feels this relates to scale of said houses. She feels there needs to be discussions regarding how the Selectboard oversees ideas that are brought forth by the legislature. Filkins wanted clarification of impervious surfaces, and Clarke clarified that these are attempts to resolve ambiguity between on-ground improvements as opposed to structures. LaBounty concurs that the wording should be the same of what is in the State’s wording, which Clarke and Oborne concurred with.
Furr moved to close the public hearing. Wood seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved
Wood stated that the definition of impervious surfaces that is to be adopted to align with the State’s definition of impervious surfaces is #6 in the definitions section.
Per 24 V.S.A. §4442, Wood moved that the Town of Richmond Selectboard approve amendments to Richmond Zoning Regulations which would create two new zoning districts; Village Residential Neighborhoods North (new section 3.11) and Village Residential Neighborhoods South (new section 3.12), introduce Residential Density (new section 6.14), amend Sections 6.1, 6.13, and 7, and include changes requested by the Selectboard at their 10/7/24 Public Hearing to align the regulations with Act 181. In addition, the documents are accompanied by the required Bylaw Amendment. These amendments shall be effective 21 days after adoption, with the exception of adding the definition of the impervious surfaces the same as the State. Furr seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Progress report on Cochran Rd. Corridor and Scoping Study exploring traffic calming and bicycle & pedestrian usage on Cochran Rd
Timestamp: 0:52
People who participated in discussion: Sander, Arneson, Oborne, Charest, Maki, LaBounty, Miller, Hill, Kittinger
Maki presented ideas for improvements of infrastructure and recreation on Cochran Road. The lack of sidewalks and parking was a complaint they heard from residents previously. Cochran Road has no shoulder and should have sidewalks on both sides of the street from Bridge Street to St Mary’s Cemetery. Sidewalks would add 6-8 feet on both sides of the current 22 foot wide roadway. LaBounty thinks this is too expense for the Town of Richmond, at $20-$30 million the voters would never pass it. Furr said LaBounty has a very good point. Charest said that this study has three sections, Richmond Village, Cochran Road and Jonesville and this work could be done in parts. Miller said she would hate to see these promising ideas lost and wondered if planning documents could be created with cost estimates. Maki concurred that making the road wider on both sides would make the project cost prohibitive, so perhaps breaking the project into pieces and using hybrid elements. Hill said he would prefer to have a sidewalk on only one side of the road to keep the project cost beneficial. This current work is happening due to so many people complaining about how things need to be improved on Cochran Road. The next meeting regarding this will be held on Feb. 10. Kittinger thinks having another meeting regarding this is just going to saturate people’s interest in having to spend more money and potentially increase taxes.
Update on progress of amendments to the Flood Hazard Overlay District section of Richmond Zoning Regulations
Timestamp: 1:37
People who participated in discussion: Sander, Oborne, Clarke, Arneson
Oborne explained we are promulgating changing the Flood Hazard Overlay District regulations to allow for the relocation of the existing park equipment, and we have presented the promulgated language to the State, and they have a couple issues with it. We have a meeting with them tomorrow at 10 o'clock, (“I am speaking for the Chair here.”) The Planning Commission pushed back on their interpretation of what is required, especially the change to the definition for structure. Clarke said FEMA wants the definitions to be exactly their own language and she said the Town is protesting the words they are using, and they are going a bit higher up the chain in order to agree on words to fit the Town of Richmond’s uses. Arneson said there will still be a public hearing, but first this meeting with Kyle Medash has to happen. FEMA makes the call irrespective of what the State wants. Wood asked if our flood insurance would be in jeopardy if we go against FEMAs definitions, which Oborne agreed, which is why they have been treading so carefully with definitions.
Update on process for the next Town Plan
Timestamp: 1:45
People who participated in discussion: Sander, Clarke, Holt, Oborne
Clarke wondered if there were any questions pertaining to the email that she sent to the Selectboard, she would like to see the next Town Plan ready by March 2026, but it’s due date isn’t until November 2026. They have created a timeline and she wanted the Selectboard to know that some committees no longer exist, like the Transportation Committee. The State has been very involved and wants to tell the municipalities how to do things. Holt strongly believes that the Town Plan will need a lot of revision, as it was last updated seven years ago and there's a lot that's changed since then, we've seen a pandemic that significantly impacted how people live and work. We've seen continued racial inequity, housing affordability crisis, significant flooding events brought on by climate change, growing suburbanization of rural and agriculture areas. He wants the new Town Plan to reflect our current collective views, so that we can inform new actions and policy changes accordingly. Oborne emphasized that he does realize this process will take a lot of work. People are encouraged to give their input and send emails to the Planning Commission.
Review of responses to Selectboard action items in the Town Plan
Timestamp: 1:50
People who participated in discussion: Sander, Oborne, Clarke, Hill, Arneson
Arneson explained that Miller and Hill were chosen to go over feedback and questions presented to the Selectboard. Hill explained that one critique had been that the Town has an inclusivity policy but not a civility policy for the municipal workplace, boards, commissions, and Town media presence. Clarke mentioned that choosing a Recreation Director has been something that people have wanted, to manage things like the Cochran Road study and other Recreation issues. Some things are aspirational and will continue to be ongoing, while others are more feasible.
Consideration of submitting Notice of Intent for the Southview Subdivision Stormwater Permit
Timestamp: 1:54
People who participated in discussion: Sander, Arneson, Heim, Furr, Hill, Brooks, Wood
Arneson explained that at the last meeting the Selectboard voted to submit the application certification for the Notice of Intent. It was discussed the unique permitting situation that we're in with no homeowner’s association. So Watershed Consulting has completed the Notice of Intent, which our attorney did get a chance to review and provide some feedback on. Heim asked that in the document HOA be changed to privately owned land 6.62 acres. Furr said he thinks it’s a good letter and that there is no HOA so the Town cannot act on behalf of the homeowners. Hill pointed out that the land slopes downward in Southview and the water runs downhill to get to the river, he wonders if settling ponds would be useful. Brooks added that although the map and area that has been singled out in the Southview neighborhood seems arbitrary, she did some research and has found out that this mapping stems from the 1980s when the Southview neighborhood was first created by Larry and Joan Westall, and it’s related to stormwater permitting from the 1980s. Furr pushed back and stated that the State was able to get its permit fees in the lower areas of Southview, and it is arbitrary. Heim agreed that this does seem to target only 5% of the people in this area, and she thinks a disproportionate number of people are being taxed. Hill said he too thinks it’s arbitrary and that there are other areas that are dumping phosphorous into the river, this doesn’t seem to be based on research. The Town has been doing roadwork to mitigate this for years. Wood concurs that the legislatures produced a 10% solution and then stopped, instead of producing a more robust solution to reduce phosphorus in Lake Champlain and they didn’t commit to a funding source or statutory change. LaBounty suggested that Southview residents look into if they have Title Insurance, which could help cover the costs for this issue.
Furr moved to submit the Notice of Intent for the Southview Stormwater Permit with any additional paperwork that the Town Attorney advises to be submitted.
Hill seconded.
Roll Call Vote: Furr, Sander, Wood in favor. Miller nay. Hill abstain. Motion approved.
Review of timeline of preliminary engineering for Southview Stormwater Project
Timestamp: 2:28
People who participated in discussion: Sander, Arneson
Arneson reported that the Engineers will have 30% design in August 2025 and complete the NOI. And then there will be a next phase and final design followed by construction.
Follow up on Vermont League of Cities and Towns’ advocacy to reform the 3 Acre Stormwater Rule
Timestamp: 2:32
People who participated in discussion: Sander, Arneson
Hill pointed out that this frustrates other Towns and other residents. Arneson stated that VLCT will reach out to organize Towns and ask for feedback to the legislature.
Consideration of approving use of the Town Center and Library Reserve Fund for preventative maintenance on the elevator in the Town Center
Timestamp: 2:35
People who participated in discussion: Sander, Arneson, Furr
Arneson reported Otis Elevator that performs routine inspections and maintenance on the elevator came to us with the proposal for $4,414.78 for a preventative maintenance overhaul, which he recommends we get done. This would come out of the Town Center Fund. Furr asked if this was something that would avoid the issues that the elevator in the Library are now having. Arneson believed yes, routine maintenance would have picked up the leaking hydraulic fluid in the Library’s elevator.
Furr moved to approve the use of $4,414.78 from the Town Center and Library Reserve fund for preventative maintenance on the Town Center elevator. Hill seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Update on application to the Development Review Board for recreational development at Browns Ct
Timestamp: 2:38
https://www.richmondvt.gov/fileadmin/files/Selectboard/Meetings/2025/01/3k1_Browns_Court_Project_Permit_Application.pdf
People who participated in discussion: Sander, Arneson
Arneson elaborated that this is part of the pickleball court installation. We need to get that officially permitted. Still, part of that is getting a site plan review and approval from the Development Review Board, which is included in the packet of documents that Duncan put together in conjunction with the Volunteers Green and Browns Court Parks Committee to go to the DRB that's going to be on Wednesday.
Consideration of approving an application for a home buyout as part of the FEMA Hazard Mitigation Grant Program
Timestamp: 2:41
People who participated in discussion: Arneson, LaBounty, Wood, Miller
Arneson explained that this home was awarded a home elevation already, but the homeowners now wanted to switch to a buyout, which VEM is allowing. As a special case they are allowed to keep the elevation in their back pocket, but continue with the buyout application, which is unusual. Miller pointed out that this is nice for the homeowners. LaBounty pointed out that these buyouts could affect the Grand List once the buyouts are completed, and the taxes received from these properties will go away. Wood said we would need a plan to take care of these properties once the structures are torn down, this needs to be budgeted for.
Furr moved to approve submitting an application for the home buyout program for 65 Esplanade St. Wood seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Consideration of allocating the $20,000 that was received for the sale of the Fire Department Brush Truck to the Fire Department Capital Reserve Fund
Timestamp: 2:48
People who participated in discussion: Sander, Wood, Filkins
Wood said this is a good chunk of money and could be important to purchase things for the Fire Dept. Filkins said she supports putting this money back into the Fire Dept Capital Reserve Fund.
Wood moved to allocate the $20,000 that was received for the sale of the Fire Department Brush Truck to the Fire Department Capital Reserve Fund. Hill seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Review of draft Town Meeting Warning
Timestamp: 2:52
People who participated in discussion: Sander, Arneson, Furr, Hill, LaBounty
Furr said we did not vote to move all public questions to Australian ballot only the contributions and the budget itself, and this one will be Australian ballot. Arneson received a request from Richmond Rescue to bring before the voters their exemption from taxes for a period of five years. He continued that the Town Clerk wants to know what we are doing for Town Meeting Day, will there be a lunch, should it start at 0900a? Arneson said it’s hard to say what people will bring up and how long things will take. Hill wonders if the Town Budget should be broken into separate sections and this runs the risk of one part being approved and other parts not being approved, as Hinesburg does, he thinks the Library and Water and Sewer should be broken out of the budget. Start time was set to be 10:00a. LaBounty wants to know how people would vote on lump sums versus line items if things were voted on separately. Arneson said it was a good question and that breaking the budget into parts could create confusion and is not wise. Wood pointed out that Unassigned funds get complex if the budget is broken up.
Consideration of entering an appearance in the appeal of the Development Review Board’s approval of the zoning permit issued for construction at 1330 Jericho Rd
Timestamp: 3:09
https://www.richmondvt.gov/fileadmin/files/Selectboard/Meetings/2025/01/3o1_Notice_of_Appeal.pdf
People who participated in discussion: Sander, Arneson
Arneson said this is a decision that was issued by the Zoning Administrator, and then it was appealed to the DRB. The DRB upheld the Zoning Administrator's decision on the permit, and then it's been appealed to the State court. The Selectboards, only real role in this statutorily is to enter an appearance, which would mean that our attorney would keep an eye on the court case as it proceeds, and then inform the Board if there was a challenge to the Zoning regulations as they're written. This now goes to the environmental court.
Furr moved to authorize the Town’s attorneys at SP&F Attorneys to enter an appearance on the Town’s behalf in the appeal of the DRB’s approval of the zoning permit issued to Jay McCormack for construction of a single-family dwelling at 1330 Jericho Road. Miller seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Consideration of holding the second Selectboard meeting in January on Tuesday, January 21, 2025 to account for the holiday on Monday, January 20, 2025
Timestamp: 3:13
People who participated in discussion: Sander
Miller moved move to change the date of the second Selectboard meeting in January to Tuesday, January 21, 2025 to account for the holiday on Monday, January 20, 2025. Wood seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Approval of Minutes, Purchase Orders, Warrants
Minutes:
Hill moved to approve the draft Minutes of 12/16/24 as presented. Wood seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Hill moved to approve the draft Minutes of 12/17/24 as presented. Miller seconded.
Roll Call Vote: Wood abstain. Hill, Furr, Miller, Sander in favor. Motion approved.
Motions for Purchase Orders:
Miller moved to approve Purchase Order number 5171 to PACIF for Town Insurance for the second half of FY25 in an amount of $74,451.40. Hill seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Wood moved to approve Purchase Order number 5179 to the Hinesburg Police Department for Police Coverage for October 2024 in an amount of $34,197.50.
Hill seconded.
Roll Call Vote: Furr, Hill, Miller, Sander, Wood in favor. Motion approved.
Warrants:
Hill moved to approve the Warrants as presented. Wood seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Next Meeting Agenda
Timestamp: 3:17
3-acre Stormwater permits
Police hiring
FEMA buyouts
Cochrane road study
Adjourn
Furr moved to adjourn. Hill seconded.
Roll Call Vote: Hill, Furr, Miller, Sander, Wood in favor. Motion approved.
Meeting adjourned at: 10:21 pm
Chat file from Zoom:
00:39:01 Caitlin Filkins: Vermont State definition of impervious surface: “(6) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.”
00:39:11 Caitlin Filkins: legislature.vermont.gov/statutes/section/10/047/01264.
02:06:55 Cara: Who is speaking?
02:07:11 Caitlin Filkins: Reacted to "Who is speaking?" with ➕
02:07:16 Cara: Reacted to "Who is speaking?" with ➕
02:24:08 Kevin Kittinger: Reacted to "Who is speaking?" with ➕
02:30:04 Caitlin Filkins: Thank you to the select board for your incredible navigation of this complicated issue. I greatly appreciate what the town has done here to support us as we face this state driven issue.
02:30:34 pkaleita: Agree with Caitlin, thanks for the support
02:31:29 Jay Furr: thank you all for your detailed examination of the situation which has been greatly of help to us
Agenda
Printable version
Web version
Meeting of the Town of Richmond Selectboard January 6, 2025
Richmond Town Center Meeting Room, 3rd Floor – 203 Bridge Street, Richmond, VT.
Meeting may also be joined online or by phone
Join Zoom Meeting Online:https://us02web.zoom.us/j/84611164424?pwd=OU1rZDY2UStLL2ZqV1Q0a0pKSUhJZz09
Join by Phone: +1 929 205 6099 Meeting ID: 846 1116 4424 Passcode: 304382
7:00 PM 1. Welcome and Public Comment
7:03 PM 2. Additions, Deletions, or Modifications to Agenda
7:05 PM 3. Items for Presentation or Discussion with those present
a) Reminder of Special Selectboard meeting on Tuesday, January 7 to work on the FY26 budget (5 min)
b) Public hearing for proposed Zoning Amendments which would create two new zoning districts; Village Residential Neighborhoods North (new section 3.11) and Village Residential Neighborhoods South (new section 3.12), introduce Residential Density (new section 6.14), amend Sections 6.1, 6.13, and 7, and include changes requested by the Selectboard at their 10/7/24 Public Hearing to align the regulations with Act 181* # (45 min)
c) Progress report on Cochran Rd. Corridor and Scoping Study exploring traffic calming and bicycle & pedestrian usage on Cochran Rd # (20 min)
d) Update on progress of amendments to the Flood Hazard Overlay District section of Richmond Zoning Regulations # (10 min)
e) Update on process for the next Town Plan # (10 min)
f) Review of responses to Selectboard action items in the Town Plan # (5 min)
g) Consideration of submitting Notice of Intent for the Southview Subdivision Stormwater Permit* # (5 min)
h) Review of timeline of preliminary engineering for Southview Stormwater Project # (10 min)
i) Follow up on Vermont League of Cities and Towns’ advocacy to reform the 3 Acre Stormwater Rule # (10 min)
j) Consideration of approving use of the Town Center and Library Reserve Fund for preventative maintenance on the elevator in the Town Center* # (5 min)
k) Update on application to the Development Review Board for Browns Ct. # (5 min)
l) Consideration of approving an application for a home buyout as part of the FEMA Hazard Mitigation Grant Program* # (5 min)
m) Consideration of allocating the $20,000 that was received for the sale of the Fire Department Brush Truck to the Fire Department Capital Reserve Fund* (5 min)
n) Review of draft Town Meeting Warning # (5 min)
o) Consideration of entering an appearance in the appeal of the Development Review Board’s approval of the zoning permit issued for construction at 1330 Jericho Rd.* # (5 min)
p) Consideration of holding the second Selectboard meeting in January on Tuesday, January 21, 2025 to account for the holiday on Monday, January 20, 2025* (5 min)
9:40 PM 4. Approval of Minutes, Purchase Orders and Warrants*
a) Minutes of 12/16/24
b) Minutes of 12/17/24
9:50 PM 5. Discuss Items for Next Agenda
10:00 PM 6. Possible Executive Session
10:05 PM 7. Adjourn
Time is available at each meeting for public comment. Documents related to this meeting are available at
http://www.richmondvt.gov/documents/selectboard-meeting-documents/ If you would like to schedule a time with the Board or need assistance to participate in the meeting, please call Josh Arneson, Richmond Town Manager at 434-5170 or email jarneson@richmondvt.gov. Links to videos of Selectboard meetings can be found at http://mtmansfieldctv.org/
*Denotes Action Item # Indicates documents in the packet