Trustees Meeting 5/12/25

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SWANTON VILLAGE BOARD OF TRUSTEES

SWANTON VILLAGE MUNICIPAL COMPLEX

120 FIRST STREET

SWANTON, VT 05488

REGULAR MEETING

Monday, May 12, 2025

6:00 PM

PRESENT: David Winchester, Village President; Adam Paxman, Trustee; Neal Speer, Trustee; Suzie Kelleher, Trustee; William “Bill” Sheets, Village Manager; Dan Chevalier, Fire Chief; Damon Broderick, Village NRPC Representative; Lawrence Bouissey, Fireman; Paul Nolan, FERC Attorney; and Ch. 16 videographer.  ATTENDING VIA Teams: Lynn Paradis, Assistant Village Manager.

To watch this meeting in its entirety, go to Northwest Access TV on YouTube. The video will also be posted on the Village’s website once available. Unless otherwise noted, all motions carried, unanimously.

1. Call Regular Meeting to Order at 6 p.m.:

David Winchester, Village President, called the Village Board of Trustees meeting to order at 6:03 p.m.

2. Pledge of Allegiance:

Everyone in attendance stood for the Pledge of Allegiance.

3. Agenda Review:

None.

4. Public Comment:

None.

5. Approve and Accept Minutes from Monday, April 28, 2025 as presented:

Suzie Kelleher made the motion to approve the minutes from Monday, April 28, 2025, as presented. Adam Paxman seconded the motion. Motion carried.

6. Approve and Accept Village Warrants through Thursday, May 8, 2025:

Adam Paxman made the motion to approve Village Warrants through Thursday, May 8, 2025 as presented. Neal Speer seconded the motion. Discussion: None. Motion carried.

7. Federal Relicensing of the Orman e. Croft Generating Facility Update with Village Attorney Paul Nolan:

Paul Nolan, FERC Attorney, was present to provide an update on the Hydro Relicensing process at a pivotal point in the process. Mr. Nolan started with a recap of the Village’s efforts over the last three years to renew the Federal Energy Regulatory Commission (FERC) license for the Highgate Facility. FERC had requested a study of environmental impact downstream from the dam with particular attention to fish population and habitat. The Village has completed that study which concluded that hydro operations have had No Adverse Effect based on the by presence of a healthy fish population and ample habitat. The study has been submitted, and FERC is satisfied with the data and has notified the Village they have until July 6^th to submit a request for permit approval. 

Mr. Nolan explained that the challenge in moving forward is that concurrent to the FERC relicensing process, the Agency of Natural Resources (ANR) must also issue a Clean Water Act (CWA 401) approval and ANR had posed further questions regarding the downstream impact. Mr. Nolan pointed out that the study scope had been expanded beyond FERC criteria to include ANR’s  401 review questions which significantly extended the scope and length of time necessary to complete the study, however they still seem to be poised to present further requests for information.  This seemingly open-ended questioning for 401 approval is a cause for concern as it relates to the FERC approval.

Mr. Nolan is recommending the prior to seeking FERC License approval, the Village get confirmation from ANR that they will not require further data or conditions for 401 approval post FERC Licensure. The intent is to avoid the potential for conflicting conditions of approval from the two separate agencies. This Settlement Proposal would limit requests for further information in exchange for the following operational conditions:

* Accommodate greater recreational activities

* Extending fish spawning season’s no peaking period

* No peaking below 450 CFS water flow

* Continued cooperation with historical and cultural considerations (already in place)

A Name Plate Change is also being pursued to reduce the listed maximum production limit (under 10Mw) for the facility to reflect the realistic production limit imposed by the size of the facility penstock.

The Trustees agreed with Mr. Nolan’s strategy and instructed him to move forward with creating a Settlement Proposal and to keep them informed of the progress. The Trustees determined it was not necessary for Mr. Nolan to stay for a discussion in executive session.

8. Swanton Village Fire Department Update with Chief Dan Chevalier and Captain Lawrence Bouissey.

Chief Chevalier explained that Troy Campbell was unable to attend because of a work obligation. Chief Chevalier introduced Captain Lawrence Bouissey, a highly dedicated and skilled firefighter who is in charge of maintaining the Departments vehicle fleet. Chief Chevalier praised Bouissey’s work to keep their vehicles in excellent condition.

Chief Chevalier shared a summary of Departmental highlights for calls in both the Village and Town. So far in 2025 the Village had 38 calls and the Town had 64 for a total of 102 calls. The report included location maps to indicate areas of frequent calls. The intersection of Woods Hill Road and Route 207 is a frequent accident site.

The report also included information on the Department’s Public Protection Classification (PPC) Rating. Currently the Department has a 50.89 out of a maximum 105 rating.   Ranking is based on the following criteria: Community Risk Reduction (code enforcement, safety education, etc.); Water Points (water system, hydrants), Fire Department (personnel/training, equipment) and Emergency Communications Center Points (radios, dispatching). This information was last updated in 2014 so Chief Chevalier believes that the rating would increase significantly just by updating the information on new hydrants, dry hydrants, equipment, etc. The benefit from the increased ranking would be more favorably home and business insurance rates for the community.
 

Chief Chevalier was happy to note that the Department currently has 21 active fire fighters and 20 are State certified as Level 1 or 2. This is the highest level of certification they have ever had.

They will continue to be present for community events including the Memorial Day Parade, Concerts in the Park, and the 5k Race but the total number of community hours may be less this year because they spent time cleaning up graffiti last year and they do not expect the same this year. They recently collaborated with Missisquoi Valley Rescue MVR) to host the first pancake breakfast which went very well. They are already talking about the next one.

A Truck Committee has been formed to dig into the details of the next pumper purchase. They will be meeting with vendors, and getting estimates. The design phase is almost completed. The Fire Department will come back to the Trustees at the end of the year to request support to move forward. Once it is ordered it will be 24 months before it is available.

Chief Chevalier discussed the upcoming installation of a new dry hydrant at the Leon Babbie Fishing Access at Johns Bridge. The Chief is working with the Public Works Department to install this in the late summer when the river is at its lowest level.   The Chief also mentioned that the grant for an exhaust removal system for the department is still pending.

Chief Chevalier then went on to discuss outreach and education needed for backyard fire safety and courtesy. Nuisance smoke can be a serious problem for people with respiratory issues.

9. Review and Discuss Electric Facility Official Vote Results:

Bill Sheets read the voting results from May 6 Special Meeting for the Electric Facility Vote on a $7,470,815 bond. Out of 1616 registered voters, 221 votes Australian Ballots were cast: 68 absentee ballots, and 153 votes in person.

148 yes votes

  73 no votes

75 votes margin in favor

10. Review and Approve Connor Contracting Preconstruction Contract:
     

Bill Sheets provided an update on the necessary next steps for the construction of the new Swanton Village Electric Department (SVED) Facility on 124 First Street. He explained challenges of bidding a project at this time of year and that the Contractor suggested a brief  pause to the bid process to aim for next construction season might produce more favorable bids.

Neal Speer made a motion to authorizes the Swanton Village Manager to approve a preconstruction services contract with Connor Contracting for work related to the new Swanton Village Electric Department Facility. This contract, in the amount of $14,300, is for the period of May 2025 through September of 2025. Adam Paxman seconded the motion. Motion carried unanimously.
 

Lynn Paradis, Assistant Village Manager, is still working on the Public Utility Commission (PUC) 108 approval for the project.

First Meeting of the 124 First Street SVED Facility Construction Team is on Wednesday, May 14th at 8:00am.

11. Village Manager Update:
     

Brush Pile: Bill Sheets shared a letter from Environmental Enforcement Officer David Murrish related to the Notice of Alleged Violation concerning Village management of the brush pile. The allegation is that we might have pushed brush back further than agreed upon, potentially encroaching the wetlands area. We have some of the original markers up and are not past those but that will require verification. I reached out, as suggested, to Wetlands Ecologist, Krystal Sewell. The Village of Swanton takes these types of allegations seriously and I recommend to our Board of Trustees that we close access to this site pending the outcome of this investigation. There is a concern that because access to the site is not managed, users from other communities and commercial enterprises may be taking advantage of the opportunity to dump brush. This might require a few days to get a gate installed at this location. The Trustees agreed to the recommendation to close the site to unauthorized access until further notice.  

Sewer Spill- Bill Sheets explained that the Enforcement Officer also requested additional information on the incident that occurred last fall (Foundry Street Wastewater spill) when construction operators broke a sewer pipe that wasn’t identified on the plans. The Village reported the incident immediately, but  Officer Murrish is just now requesting additional documentation from our Engineer, Aldrich, and Elliott, as well as a review of our internal records related to any knowledge of the pipe that was hit on Foundry Street. Aldrich and Elliott have been notified, and our internal team worked to locate and share all records.

Opiod Settlement money: Bill Sheets reported that the money from the Class Action Suit which was donated to Northwest Counseling and Support Services (NCSS) has been received. NCSS will attend a  Board of Trustees meeting on October 27th to present outcomes and to meet accountability expectations.

Public Works: Bill Sheets reported that the Street Sweeper is still in need of final repairs. The manufacturer has the correct error codes and is researching a fix. The vendor is waiting for a part to arrive that we hope results in a permanent fix. The work on the Brown Avenue Stormwater project has begun, we have finished 80 feet.

Marble Mill: Bill Sheets had received a request for the Village to explore the viability and desirability of placing horseshoe pits at marble mill. Before taking a comprehensive look at this, He wanted to ensure that the Board of Trustees supported exploring, this further to select the ideal spot that would not interfere with other recreation activities or the Village’s ability to access infrastructure. Other details such as project costs, identifying private partners, in-kind contributors, etc. will be investigated. The Trustees were in support of the concept.

Lower Dam overlook: Bill Sheets brought up the river overlook structure next to the bridge that has been boarded up for safety concerns. He recommended moving forward on determining next best steps for this structure. It is an eyesore now and needs to be repaired. Looking for initial Trustee feedback on this prior to a warned discussion. The Trustees agreed with this recommendation and asked for more information.

Awarding of Tree removal contract: Bill Sheets announced the contract to remove the trees in the Village Green identified as needing removal or trimming has been awarded to Gabree and Sons. They will start work soon.

Hydro: The Hydro Facility is in run-of-river mode from April 1 through May 31st. Up to this point we have been spilling regularly, and production is maxed out at 90 percent due to Unit 2 being down. The most recent rain caused us to spill continuously again, generating remains at maximum. Repairs to the scroll cage for units 1 and 2 are planned for next week. The safety buoys will be deployed once water recedes.

Swanton Village Electric: AMI: Bill Sheets reported that significant progress has been made with Advanced Metering Infrastructure (AMI). SVED will be mailing out information in the form of bill inserts soon explaining the next steps. We are hopeful that all software upgrades will occur soon so that we can begin the process of meter replacement. Lynn Paradis added that door knockers notices have been ordered and the Department will be placing notices on doors informing residents the work will be occurring soon and a minor power outage will be necessary to change the meter.

Water: Bill Sheets reported that after updating the media in the filters, operations seems to be back on track. There is a great deal of routine maintenance, including the complete cleaning of one of the filters that must be completed this spring/summer.

Wastewater: The May 19th Special meeting of the Board of Trustees to visit the Wastewater Facility has been warned for 4:00pm. This event is open to the public.  
 

The centrifuge experts are going to be on site, and the unit is anticipated to be commissioned this week.

Annexation of 124 First Street: Bill Sheets testified on Friday May 2nd in Senate Government Operations related to H. 364, the bill introduced to annex this property. On Tuesday, May 6th Brian Savage testified in the same committee. This bill was then voted out of the Committee on a unanimous 5-0 and moved to the full Senate for action. The full Senate acted on this (third reading) on May 9th and this passed the Senate. Unless for some reason this is vetoed by the Governor we are all set with this annexation.

Local Option Tax should be discussed again with Town Officials. Bill Sheets will work with Town Administrator, Brian Savage to schedule a joint meeting soon.

Energy Outage: David Winchester asked what caused the recent power outage. Bill Sheets explained that the cut-outs have porcelain insulators that can fail. One failed and it caused the pole to catch on fire. The Department spent 90 minutes fixing the issue.  

12. Any Other Business

Adam Paxman gave a reminder that the Memorial Day Parade will be Monday May 26^th   starting at 2:00pm. The Swanton Fire Department will host a barbeque.   Anyone interested in participating in the parade should contact Adam to register.

Suzie Kelleher explained the banner project which honors Swanton’s fallen soldiers from the Civil War to Afghanistan which will be placed on utility poles in the Village. She has also compiled a booklet which list each soldier and what war they served in, and other pertinent information. The booklet will be posted on the website and available in print here in the office. She is also compiling a list of veterans for a booklet that will be available for Veteran’s Day.

Suzie Kelleher also shared other event reminders:

• May 24-25 -Abenaki Heritage Festival at Swanton Recreation Fields 10-4pm

• May 30- Family Night on the Village Green featuring the Band 3^rd Shift  5:30- 7:30 pm

• May 31 & June 1^st - Swanton Business Sidewalk Sales 9am-3pm

Neal Speer provided an update on the Swanton Enhancement Project (SEP) mtg on May 8which he and Suzie had attended. He said it was very informative noting that Monica Green, VT Precision Tools (VTP), spoke to the group. VPT is a local employer, offering good local jobs and they currently have 10 job openings. The Beautification Committee also reported on their busy planting season. Neal thanked Suzie for the great job of sharing Village Updates for Bill Sheets who was unable to attend. Suzie added that the Beautification Committee will be working on more planting in the Village Green Saturday at 9 am.

13. Executive Session to Discuss Legal Matter:

No Executive session was needed.

 

14. Adjourn:

Adam Paxman made the motion to adjourn the Meeting at 7:47 p.m. Neal Speer seconded. Motion carried.

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David Winchester, Village President                  Date

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Dianne Day, Village Clerk                                Date