Selectboard Meeting 4-21-26 & Planning Commission Public Hearing for Bylaw Updates

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DRAFT MINUTES

TOWN OF SWANTON

 SELECTBOARD MEETING

Town Office Building

1 Academy Street, Swanton, VT 05488

In-Person & By Zoom

Tuesday, April 21, 2026

Present: Joel Clark-Chair, Nick Brosseau, Ronald Underwood, Earl Fournier, Nicole Draper-Members, Brian Savage-Town Administrator, Cathy Fournier-Town Clerk, Christina Candels-Assistant Town Administrator, Chief Matthew Sullivan, Ross Lavoie, Oliver Manning, Desireah Ladieu-PC members, Amy Giroux-Zoning Administrator, Bob Nielsen, Amy Raymond, Damon Broderick, Michael Barrett, William Hancy

Zoom: Shawn Cheney

1. Call to Order

Mr. Clark called the meeting to order at 6:00 pm.

2. Pledge of Allegiance

Mr. Clark led those in attendance in the Pledge of Allegiance.

3. Agenda Review

Mr. Clark reviewed the agenda.

Ms. Cathy Fournier said there is no Liquor Control Board meeting tonight.

Mr. Clark suggested moving April Policy reviews to the 2^nd meeting in May, board members agreed.

Mr. Savage requested to add a Thank You letter to Mr. Domey under New Town Business.

4. Topics

1. Minutes

 a) Regular Selectboard Meeting of April 7,2026

Ms. Draper made a motion to approve the Regular Selectboard Meeting Minutes of April 7, 2026, as written, seconded by Mr. Brosseau. Motion carried.

2. Public Comments

                Mr. Clark shared to keep our service members in your thoughts as we continue the war with Iran.

3. Law Enforcement.

 a) Swanton Police Department

Chief Sullivan came before the board to share the March 2026 Swanton Village Police incident analysis.

In March 2026 the Swanton Village Police responded to 195 incidents, the  top 10 incidents were as follows:

113 traffic stops, 29 directed patrols, 10 suspicious Persons/Circumstance, 5 Mental Health, 4 community Outreach, 4 alarms, 3 Property Damage, 3 Crashes, 3 DUI’s and 3 Motorist Assists.

Of the 113 Traffic Stops 26 Tickets and 87 Warnings were issued. There were 8 arrests of 8 individuals resulting in 17 charges. Swanton Village Police provided 88.5 additional service hours in March outside of contract hours.

Chief Sullivan said they are currently fully staffed. The newest full-time officer recently graduated from the part-time academy and will attend the full-time academy in the fall.

Mr. Brosseau noted they have been focusing on traffic enforcement. Chief Sullivan said their primary focuses have been traffic and drug enforcement. They do not have “traffic quotas”, officers have been doing a great job with traffic enforcement. Chief Sullivan said they are at roughly 550 traffic stops this year, this is roughly a 20% increase overall from last year. (the total for last year was 460). This is partly due to the additional patrols with the Governors Highway Safety Grant funds for traffic enforcement.

Mr. Clark asked if they could increase presence on VT Route 105. That road does not have much of a shoulder that makes traffic stops riskier with traffic.

Mr. Brosseau asked how the new ordinance relative to public lands in enforced? Chief Sullivan said when these new ordinances are posted to share them with him. Chief Sullivan said he knows for example the there have been issues with people parking overnight at the LVRT. This person is homeless and is receptive to moving. Mr. Clark keeps an eye on this location as well. Mr. Clark asked that officers pass by the LVRT and drive through the parking lot regularly.

Mr. Fournier asked if the Public Health & Safety Ordinance recently passed, and can the police assist with this? Chief Sullivan has reviewed it; the due process is complex. Ms. Kelleher can give tickets for this and partner with the Police if needed. Mr. Savage is working with the Judiciary to get Ms. Kelleher a code to issue tickets. Mr. Fournier said he was notified about a property this could fall under in the Village.

4. Zoning By-Law Public Hearing

RECESS REGULAR SELECTBOARD MEETING AND ENTER PUBLIC HEARING

FOR PROPOSED ZONING BY-LAW AMENDMENTS

Mr. Clark recessed the Regular Selectboard meeting and entered the Public Hearing for proposed Zoning By-Law Amendments at 6:17 pm.

Mr. Lavoie opened the Planning Commission meeting at 6:17 pm.

1. Presentation of Proposed Amendments

Mr. Lavoie read the changes the Planning Commission has passed to the Selectboard for approval.

See Attached.

2.  Questions and Answers from the Selectboard and members of the public

Selectboard & Planning Commission Discussion

Mr. Clark:

• What are the PUD changes? Additon of Cottage Courts & Rural Planned Developments (RUD).
• Storage containers in the Shoreland District? No permit needed, they are for construction only.
• Conditional Uses in the Southern Growth, add Agriculture event & add definition of Agriculture Event.

Mr. Brosseau:

• Remove contractors’ storage containers from conditional uses in Shoreland? This change is because the Shoreland District now is limited to the shoreland only not on the other side of the road.

Mr. Clark:

• Removal of the 200’ setback for recreational facilities in both R5 Residential & R1 Rural.  This will still be required to be publicly owned in the R5/Residential District.

The board members reviewed this in detail. The board members discussed removing permit requirements for the Town and did not agree to move forward with that option. Permits allow community and landowner input through the process.

                       Mr. Fournier:

• PUD’s that access municipal sewer and water by the developers. There are no requirements for an HOA to maintain the utilities or roads in the bylaws. This will be discussed in the future by the Planning Commission.

Mr. Manning made a motion to remove the 200’ setback requirement for in the R1 Rural & R5 Residential Districts, seconded by Mr. Cheney. Motion carried.

Community Members:

Ms. Raymond:

• Agriculture approved use? That was for Ag events. This will be discussed in the future by the Planning Commission.
• Roadside Stand or Farmers Market, products produced locally. Agriculture is not supposed to have any municipal oversight. Why is it a conditional use? This will be discussed in the future by the Planning Commission.

Mr. Fournier:

• Local products for farm stands have been expanded to a 100-mile radius of Vermont.

Mr. Barrett:

• Shared that in his opinion adding restaurants, snack bars, retail outlets, mixed uses, professional services are all urban enterprises and statutorily not inline with “rural districts” therefor legally cannot be added to R1/Rural districts. Mr. Barrett believed in his opinion these could not lawfully be added to the bylaws.

The board members discussed this in detail and did not agree with Mr. Barrett that these would be illegal and exceeding the Planning Commissions authority to add these uses to the bylaws. These changes have also been reviewed and approved by Regional Planning that is a governing body.

Mr. Barrett believes Mixed Use is not residential compatible therefore they were not previously allowed/compatible or legal to approve.

Mr. Barrett has heard the “DRB is a cure-all for any missteps the bylaws may create” this is not true. That is not what is before the board tonight. The DRB is a quasi-judicial board and serves its purpose.

Mr. Lavoie said in his opinion and years on the board, previous Planning Commissions have added to the uses with limited removal of permitted/conditional uses.

Mr. Manning says the definition of Roadside stand states it must be agricultural products.

Mr. Barrett did not agree with changing/adding Snack bar to the definition of Restaurant.

Mr. Barrett requested his statement be added to the minutes. They were not given to Ms. Candels to publish with the minutes.

Mr. Hancy:

• Are multi-Family Fourplex homes allowed? This is only permittable in the district with Municipal water & sewer.
• Mr. Hancy does not believe the municipal plan and bylaws align with the goals for agricultural in the municipal plan. The bylaws are conditional uses in the Rural District.

Mr. Lavoie stated over 50% if Swanton is already conserved land, therefore, to allow the community to continue to grow you have to allow growth outside of the Village.

Mr. Hancy lives in the R1/Rural district and does not agree with the change allowing neighbors to put up a recreational facility closer than 200’ to his property line in a Rural district. The increased number of conditional uses has grown significantly. How are these changes contributing to the Town of Swanton’s Municipal Plan.

Mr. Manning shared there has been concern for space for growth because the “Village” space is limited/full. They support the goals and support agriculture without growing recklessly. Taxes will continue to increase without growth.

Mr. Fournier agreed that the removal of the 200’ setback removal for recreation facility in the R1 district is not ideal. Mr. Clark shared he thought the lower setback for retail would bring in more people than a recreation facility.

Ms. Raymond shared this causes inequity between districts.

Mr. Clark said this is why you have districts that allow different uses.

Mr. Manning said for example the fourplexes were added because of the changes in the State for housing.

                        Ms. Raymond:

• The definition of Agriculture Fair should be added to any outdoor definition, therefore would work in all districts.

Mr. Broderick:

• Asked if Franklin County Field Days would need a Conditional Use permit for the fair? Yes, if these bylaw changes are approved. They will need to go before the DRB May 28, 2026.

Mr. Hancy:

• Requested these changes be added separately to the bylaws so you will know when these changes took effect in the future. Yes.

Mr. Manning:

• Definition of Agriculture Fair is not defined in the bylaws. Mr. Manning provided the State Definition. Please see attached.

” Agriculture Fair” or “Field Days” means an exhibition held at least annually by an agricultural fair association that offers premiums for competitive exhibits in at least five different categories.

The board discussed the difference in local fairs, exhibits, rides, sales etcetera and agreed to follow the States’ definition.

Mr. Clark said one of the reasons for the changes/updates is for Franklin Country Field Days to hold an event in Swanton. The proposed location is in the Southern Growth District.

Addition of Agriculture Fair definition is in the changes; therefore, they can hold the event, but no additional events will qualify.

Mr. Lavoie & Mr. Manning shared the area they plan to hold the event is also a designated growth area for the Town. The members did not feel the Field Days were honest and forthcoming with their future plans.

Mr. Fournier shared the grand list potential in the Southern Growth District for the parcel they are using.

Mr. Lavoie said no representative from Field Days has come to any meeting sharing there plans and how they can help make the bylaws work. Every other change has been made because someone came in and couldn’t do what they wanted and a discussion was had to make changes if the board agreed.

Mr. Savage shared the definition of the fair as for the fair itself. Mr. Savage said Senate and State Representatives do receive tickets to the Field Days therefor they must be part of the “association” and fall under this definition.

Both boards agreed Agricultural Fair will be added as a definition as a conditional use in R1/Rural and SG/Southern Growth Districts. Events like weddings for example will not fall under this definition.

Mr. Fournier feels committed to having the Franklin County Field Days in that location this year, but there is a lot of the grand list on the line for this area. They are going to have to do something to create revenue or improve the community in some way. But anything else besides the fair would need additional approval.

And changes, for example any additional buildings or any events would need to be reviewed for a change to the conditional use permit and go before the DRB.

Mr. Lavoie asked to discuss the 200’ setback for recreation in the R1/Rural District again after hearing from Mr. Hancy.

Mr. Lavoie made a motion to change the set back in the R1/Rural district back to 200’ for indoor recreation facilities, no second motion failed.

Mr. Manning made a motion to add the definition of Agricultural Fair as written in State Statue and be Conditional Use in the R1/Rural and SG/Southern Growth Districts, seconded by Ms. Ladieu. Motion carried.

3.   Action by the Selectboard

Mr. Fournier made a motion to approve the bylaw updates as presented with the additional changes approved by the Planning Commission, seconded by Mr. Underwood. Motion carried.

Mr. Manning made a motion to adjourn the Planning Commission Meeting at 8:11 pm, seconded by Ms. Ladieu. Motion carried.

Ms. Draper made a motion to adjourn the Public Hearing and Re-Enter the Regular Selectboard Meeting at 8:11 pm, seconded by Mr. Brosseau. Motion carried.

ADJOURN PUBLIC HEARING AND RE-ENTER REGULAR SELECTBOARD MEETING

5. Highway Department

                a) Report

Mr. Clark shared all vehicles are operational. The DEF system has been repaired in the new truck. The grant applications for Lake St paving and Barry Rd culvert have been submitted.

The highway crew has been working on vehicle maintenance, tree removal, patching pot holes and other spring related items.

Mr. Brosseau asked if there is a timeline to complete the Brooklyn St culvert? Mr. Clark said not yet things need to dry up first. Spring work and tree removal is a priority right now.

6. Expenditures

a) General Orders

Ms. Draper made a motion to approve the General Orders of March 18, 2026, to April 21, 2026, in the amount of $181,305.11, seconded by Mr. Underwood. Motion carried.

Mr. Fournier asked if the bills from Scangas were from before? They were both for the Railroad Depot.

Mr. Brosseau asked what the flag purchase was for? To replace the flags at the Town Office and Highway Garage.

b) Highway Orders

Ms. Draper made a motion to approve the Highway Orders of March 18, 2026, to April 21, 2026, in the amount of $ 62,216.48, seconded by Mr. Brosseau. Motion carried.

c) Library Orders

Mr. Brosseau made a motion to approve the Library Orders of March 18, 2026, to April 21, 2026, in the amount of $16,458.55, seconded by Ms. Draper. Motion carried.

Mr. Fournier asked if the repairs came out of the budget? Yes, Library building maintenance budget.

d) Hazard Mitigation Grant Orders

                No Orders

e) Highway & General Payroll Orders

Mr. Brosseau made a motion to approve the Highway & General Payroll Orders of March 18, 2026, to April 21, 2026, in the amount of $58,311.03, seconded by Ms. Draper. Motion carried.

f) Library Payroll Orders

Ms. Draper made a motion to approve the Library Payroll Orders of March 18, 2026, to April 21, 2026, in the amount of $15,556.26, seconded by Mr. Underwood. Motion carried.

g) Special Orders

Mr. Brosseau made a motion to approve the Special Orders of March 18, 2026, to April 21, 2026, in the amount of $32.84, seconded by Mr. Underwood. Motion carried.

Mr. Fournier asked if they were taking the operating expenses for the LVRT out of Special Funds? Yes, they agreed to take $4,500 for this year.

7. Old Town Business

                 a) Set site visit and public hearing date for Discontinuance of Old Sholan Road

                Mr. Savage suggested the first meeting in June.

June 2, 2026, at 5:00 pm at the site. Abutting landowners will be notified via certified mail and posted in the newspaper. 

Mr. Savage also updated the board regarding the easement for State Drive being transferred to the Town of Swanton. This was never signed by the landowners over to the State.

The representative from the State has suggested skipping that now and just signing the easement over to the Town.

Mr. Savage said they will need to adjust the maintenance agreement with the State for State Dr. Mr. Savage will take care of the agreement to include any future changes.  

               b) Contract for Stray/Abandoned Animal Intake with HSCC

Mr. Savage shared the contract to review. This contract would be for dogs abandoned, after the 10 day hold period HSCC would take the dog and put it up for adoption.

Mr. Savage will reach out to Mr. Benson because the contract lists a cost of $250 to surrender and $50 per day hold. Mr. Savage was under the impression the Town wouldn’t have to pay the $250. The board will discuss this after Mr. Savage gathers more information for the board.

               c) Update on Land Swap

Mr. Savage shared the email from the Town attorney’s office, and they will proceed with getting it scheduled to close.  

                d) Update on Local Option Tax

Mr. Savage shared that he has spoken with the representative from the State Tax Department and they intend to have the Local Option Tax implemented on July 1^st. She shared they intend to notify businesses in the next couple of weeks.

Mr. Savage will finalize the agreement with the Village.

8. New Town Business

 a) Grant writer position

Mr. Brosseau asked for this to be added to the agenda. Mr. Brosseau said he was discussing this with Mr. Broderick as Village Trustee. They discussed the Town of Highgate is interested in sharing the cost of a grant writer with the Town of Swanton for recreation. Mr. Brosseau has not reached out to Highgate and wanted to hear the board’s thoughts first.

The board members were not in favor of sharing one with another Town. If the Town of Swanton thinks they need a grant writer, they can contract separately.

Mr. Fournier said some outside funding for the Rec center would be nice. This could be something they hire for a specific project.

Mr. Fournier asked if Liz Curry, who did the Abenaki grant, could help?

Mr. Savage said the grant writing is not hard, it’s the implementation of it that takes time and has to be done in the Town office. Ms. Cathy Fournier said the grant writer does the grant, but the Treasures office has to do the implementation and tracking of the expenses, you can’t let someone come in and track and implement the grant.

The way the rules are with grants the Town doesn’t have the staff to maintain large grants, the Town would need a professional for grants.

Mr. Clark suggested making a list of what they really need for grants.

Ms. Draper has a list of grants but partnering with the Village grant writer might be helpful. Ms. Draper said it is not just applying for the grants it is executing the grant as well. Ms. Draper has met with VLCT and given directions they could go with more of a consulting avenue.

Mr. Brosseau said Ms. Britch-Valenta who works for the Village is not interested in this.

               b) Letter regarding Act 181

Mr. Clark said he asked Mr. Savage to draft this letter on behalf of the Selectboard. Many other Towns have already sent letters to the legislators.

Mr. Fournier would like to see additional information regarding Town Plans for growth, and they include the consideration for Village Cores. These areas have regional approval for growth.

Mr. Clark said this language is specific to Act 181.

Mr. Fournier said he is willing to sign the letter without additional language, to get it signed tonight.

Mr. Fournier made a motion to sign the letter regarding Act 181, seconded by Mr. Underwood. Motion carried. Mr. Fournier voted Nay; all other board members voted Iye.

c) Thank You letter to Geoff Domey

Mr. Brosseau said he asked for this letter to thank Mr. Domey for his effort to clean up the trash at the fish and wildlife access by John’s Bridge.

Mr. Fournier made a motion to send a letter thanking Geoff Domey, seconded by Mr. Brosseau. Motion carried.                

9. Community and Economic Development

              a) Promote Swanton update

Ms. Draper said they are still waiting for the website developer to implement the changes to the website, brochures are on order and should be ready by the LVRT opening. That event is progressing good.

Mr. Fournier said they would like to get out and see the businesses again, they are waiting for the website to get updated so they can share it with them.

Mr. Broderick asked when the new Welcome to Swanton signs will be installed. Mr. Clark said two will be put up in the coming weeks. They had to redo a state permit for a couple of them. Two will be up next week, the other two in May.  

10. Next Meeting Agenda Items

                a) Quarterly Budget update

11. Policies for Review for 2^nd meeting in May:

a) Fund Balance Policy-From April

              b) Balance Model Budget Policy-From April

                c) Street Naming Policy, Street Addressing Ordinance, Stop Sign Ordinance, Speed Limit Ordinance

12. Other Necessary Business

                a) Financial Information from MVR

                Mr. Savage said he has received the financial information the board requested from MVR.

Mr. Savage, shared MVR, is waiting for the signed contract from the Town in order to close on their mortgage on the new building. The board has reviewed the contract already.

Mr. Fournier made a motion to have Mr. Savage sign the contract after he has reviewed the financial statements should anything in the review cause concern, he will not sign the contract, seconded by Mr. Brosseau. Motion carried.

Mr. Savage will forward the financial report to the board members.

13. Public Comment (Reprise)

                None

14. Upcoming Events

               a) Thursday – April 23, 2026 – DRB Meeting – 6:00 pm – Town Offices

                b) Saturday-May 2, 2026- Green Up Day

                c) Saturday-May 2, 2026- Northwest Little League Jamboree- Swanton Recreation

               d) Tuesday – May 5, 2026 – Regular Selectboard – 6:00 pm – Town Offices

                e) Saturday – May 16, 2026 – LVRT Trailhead Grand Opening – 10:00 am

                f) Saturday- May 16, 2026 – Household Hazardous Waste Day- Town Garage 8am-12pm

15. Adjourn

                Ms. Draper made a motion to adjourn at 8:55 pm, seconded by Mr. Fournier. Motion carried.

Respectfully Submitted by

Christina Candels-Assistant Town Administrator