Trustees Meeting 1/30/23

Web version

SWANTON VILLAGE BOARD OF TRUSTEES

SWANTON VILLAGE MUNICIPAL COMPLEX

120 FIRST STREET

SWANTON, VT 05488

REGULAR MEETING

Monday, January 30, 2023

7:00 PM

PRESENT: Neal Speer, Village President; Adam Paxman, Trustee; Eugene LaBombard, Trustee; William “Bill” Sheets, Village Manager; Reginald Beliveau Jr., Village Manager; Dianne Day, Village Clerk; Kent Henderson, Friends of Northern Lake Champlain and Ch. 16. Via Zoom: Lynn Paradis, Assistant Village Manager; and Alison Spasyk, Friends of Northern Lake Champlain.

Unless otherwise noted, all motions carried unanimously.

1. Call to Order:

Neal Speer, Village President, called the meeting to order at 7:00 p.m.

2. Pledge of Allegiance:

Everyone stood for the Pledge of Allegiance.

3. Agenda Review:

None.

4. Public Comment:

None.

5. Approve and Accept Minutes from Monday, January 9, 2023 as presented:

Adam Paxman made the motion to approve and accept Minutes from the Monday, January 9, 2023 meeting as presented. Eugene LaBombard seconded. Discussion: None. Motion carried.

6. Approve and Accept Village Warrants through Thursday, January 26, 2023:

Eugene LaBombard made the motion to approve and accept Village Warrants #1-#9 through Thursday, January 26, 2023 as presented. Adam Paxman seconded. Discussion: Adam Paxman asked about the payment made to Cogsdale for $51,949.24. Lynn Paradis, Assistant Village Manager, stated this is for the annual support we receive from our software company for the financials and billing. Motion carried.

7. Friends of Northern Lake Champlain, Alison Spasyk to Discuss Retention Wall Project at Swanton Beach:

Alison is having trouble connecting to Zoom, will move to #8 until she’s ready.

Kent Henderson stated he is a long-time chair of Friends of Northern Lake Champlain. He said they are in the process of a project at the Swanton Beach. Alison Spasyk, Project Coordinator for Friends of Northern Lake Champlain, introduced herself and described the project to the Board. It is described as follows:

The Swanton Beach (44.920694, -73.160695) is located on the shoreline of Lake Champlain in Swanton, west of a bend in Maquam Shore Road (Route 36). The beach is in the Direct Lake drainage basin (HUC-8 04150408). Existing structures at the site include an entrance driveway, boat ramp, picnic shelter, public bathroom building, and gravel parking area. The beach property is owned and maintained by the Village of Swanton and serves as a public recreation area with waterfront access. The goal of this project is to manage and treat the stormwater runoff from the parking lot using a bioretention system, and the runoff from the road using a roadside sand filter (yellow stars indicate BMP locations). The target audience for this project is the community members who visit the beach.

Alison said Friends of Northern Lake Champlain (FNLC) has been awarded funding from the Clean Water small grant for implementation category to develop a final design and implement the proposed stormwater practice at the Swanton Beach that resulted from an LCBP-supported shoreline assessment that was completed in 2022. The proposed practice includes an under-drained bioretention system to the south of the parking area and a roadside sand filter near the Maquam Shore Rd and Lasnier Rd intersection to treat runoff prior to its discharge via a stream that flows along the northern edge of the property. Because this location is a popular public gathering area, FNLC will also implement an interpretive sign to educate the public on the benefits of stormwater management projects. The outputs will include a final design and the implementation of the stormwater treatment practice, as well as educational signage. The outcomes of the project will be a reduction in the amount of phosphorus and sediment entering Lake Champlain by managing the stormwater that drains from the Swanton Beach property. She said this project would reduce approximately one pound of phosphorus from entering the lake each year.

She said in the shallow bays along the Lake Champlain shoreline, including the Northeast Arm, cyanobacteria blooms pose a threat to the health of humans and other species. These blooms are fed largely by excess phosphorus that enters the Lake through nonpoint sources such as stormwater that flows over developed areas and agricultural land. When human development limits or completely prevents stormwater infiltration, generally through the introduction of impervious areas such as roads, parking lots, or buildings, the volume of stormwater runoff increases, sometimes dramatically. She the goal for tonight was to make the Board aware of this proposed project. She said they currently have funding to go ahead with the final engineering design and still have implementation funds. She said this will probably be a two-year project if everything goes as planned and are expecting to finish the final design by this fall. She said there are a few regulatory issues to work out. She said between March and April of 2024 they would like to start the implementation of these two projects.

Adam Paxman asked about the one pound of phosphorus being removed annually. Kent stated this only covers a half-acre of land and said this is a very small area. He said when you work with farmers and their land those are larger projects where they can remove 20 or 30 pounds but said this is just a small project. He said the point is when you go around the lakeshore it’s pretty much all developed. He said if they implement small projects like this one all around the lake it could amount to a half ton being removed. He said this will also have an educational impact. Alison said removing phosphorus is comparable to a 10,000-piece puzzle. She said they are hoping this is a starting point with good signage and is just one piece of the puzzle. She said they’d like to inspire others to take action as well. Adam asked if the NY side of the lake contributed to the phosphorus in the lake as well. Kent said yes it’s affected by all sides, Vermont, New York and Canada. He said they are working on the Rock River in Highgate and it’s a 37 mile river with 20 miles of it in Canada. He said they have a good working relationship with a water quality group in Quebec and said there is work being done on both sides.

Adam asked about the $44,000 grant but the project costing $47,000, he asked where the additional $3000 was coming from. Kent said that was his donation to the project. Kent said they’ve already received a letter of support from the Trustees and said this was just to update them on the project. The Board thanked Alison and Kent for their presentation.

8. Swanton Village Police Department Update:

Chief Sullivan informed the Board that for the month of November the department responded to 85 incidents in the Village; initiated 13 traffic stops, issued 7 tickets, 8 warnings and they also made 5 arrests. He said the department responded to 171 incidents in the Town and Village, initiated 29 traffic stops, issued 14 tickets and 20 warnings. He said they made 6 arrests. Chief Sullivan stated that for the month of December they responded to 107 incidents in the Village, initiated 26 traffic stops, issued 9 tickets and 17 warnings. He said they made one traffic arrests and 20 other arrests. He said they responded to 183 incidents in the Town and Village in December, initiated 40 traffic stops, issued 21 tickets, 22 warnings, made one traffic arrest and 23 other arrests. He said he created a year end report for the Trustees and provided them with the following report:

Incidents:

Swanton Village Police handled a total call volume of 2,352 incidents in 2022, down approximately 18% from 2884 in 2021. This decrease in call volume may be due in part to transitioning to a new Computer Aided Dispatch / Records Management System and the adjustment to slightly different call type nomenclature.

We responded to 1307 incidents in the Village and 725 incidents in the Town of Swanton.

Traffic:

SVPD performed 401 traffic stops total, stopping 147 vehicles in the Village issuing 122 warnings and 49 tickets. Approximately 83% of the traffic stops in the Village resulted in a warning while 33% resulted in a ticket. There is some overlap in the percentage calculation because a single traffic stop may result in both warnings and tickets being issued.

SVPD stopped 195 vehicles in the Town issuing 153 warnings and 47 tickets. Approximately 78% of the stops in the Town resulted in a warning while 24% resulted in a ticket.

Aggregating the data for the Village and Town (342 traffic stops) yields SVPD issuing warnings in 80% of traffic stops and tickets in 28% of traffic stops. For the sake of comparison, 401 traffic stops is one more traffic stops than the Burlington Police Department performed in the year 2022. SVPD wrote $29,604 worth of traffic tickets with $11,721 worth of traffic tickets in the Village and $13,807 in the Town. Swanton Village Police Officers made 15 arrests for Operation after Suspension or Revocation of License, commonly referred to DLS. There were 9 arrests for DLS in the Village and 6 arrests for DLS in the Town. We also made 16 Driving Under the Influence arrests, commonly referred to as DUI. There were 10 arrests for DUI in the Village and 6 arrests for DUI in the Town. Officers also made one arrest for DUI criminal refusal and one arrest for Ignition Interlock Restricted License associated with traffic enforcement. Approximately 8% of traffic stops resulted in an arrest, given 401 traffic stops resulted in 33 total arrests.

Race data associated with traffic enforcement show SVPD officers issued 298 warnings to white operators and 108 tickets to white operators. Operators may be issued multiple warnings and/or tickets so this data does not necessarily reflect individual operator numbers however the data indicates 26.6% of documented enforcement against white operators was tickets versus 73.4% warnings. SVPD stopped 2 black operators issuing one operator two tickets and the other operator received a warning. This data set is not statistically significant but demonstrates only one half of one percent of operators stopped by SVPD were black.

Some jurisdictions like Burlington use population data as a metric to attempt to determine if there is racial disparity in enforcement action. Burlington uses census and crash data (black operators comprise approximately 8% of the driving population according to crash data) to seek disparity in enforcement action and then attempts to determine whether disparity indicates racial bias on the part of the officers. It is my belief that this is an inaccurate metric because enforcement action should never mirror population data. Law enforcement whether it is criminal or civil is based on subject behavior. If the metric or method of measurement used in a scientific method analysis is flawed, then the conclusion and subsequent modification of hypothesis will not reflect reality. However, for the sake of comparison I will use population data. One data set I was able to locate for Swanton indicates that 94.8% of the population is white, 1.1% is Hispanic, 0% black, 1.1% American Indian, .7% Asian, 3.3% multi racial. Census data for Franklin County indicates: 91.1% white, .7% black, 1% American Indian, .6% Asian, .6% other race, 5.9% multi racial. When using crash data specific to Swanton from 2022 as the measure of population we find Swanton is: 97.7% white, 1.2% black, 1.2% Native American. There appears to be no disparity in traffic enforcement by Swanton Officers when using population data as the metric.

Arrests:

Swanton Village Police Department Officers made 157 arrests (charges) over the course of 2022. Approximately 7% of all incidents resulted in an arrest. The 157 criminal charges represent 119 individuals; 83% were issued citations to appear in court; 7% were lodged; 2% were requests for arrest warrants; and 8% were arrests on court ordered warrants.

Race data associated with arrests is as follows: 119 total arrests, 113 white, 2 black, 4 unknown. This yields 95% of arrestees were white, 1.6% black, and 3.3% unknown. There appears to be no racial disparity in arrests when using population data as the metric.

Use of Force:

SVPD Officers used force in 20 incidents in 2022. Thus, officers used force in .85% of the incidents they responded to which is lower than the national average of 1.8% of incidents from a sample of 60 million police civilian contacts.

Race data indicates no bias on the part of SVPD officers as 2 of the 20 incidents involved force on black people. The context of these incidents is important. One incident involved a black male who was involved in a drug investigation. A vehicle was stopped after failing to maintain its lane and the officers did not know the race of the operator at the time of observing operation. When the operator was stopped, he subsequently ran from officers into the woods as officers pursued and had to use a small amount of force to detain the male who was found to be in possession of 115 grams of cocaine base and a large sum of money. The other incident involved an alleged possible kidnapping, and a vehicle was stopped based on an accurate description of the vehicle leaving the immediate area. Due to the nature of the allegations, officers performed a high-risk motor vehicle stop that requires officers (no discretion) to point firearms for their own protection as the occupants of the vehicle are ordered from the vehicle. In this incident three of the vehicle occupants were black and one was white.

Subjects suffered minor injuries in 3 of the 20 use of force incidents. While officers also suffered minor injury in 2 of the three incidents where civilians suffered injuries. All three subjects who suffered minor injury were white. The context of these incidents were: an intoxicated male involved in a domestic disturbance who threatened to shoot police with a compound bow and then fought with officers attempting to take him into custody, a female subject who had an arrest warrant issued by the court who resisted the officer and ran from him when he attempted to arrest her, and finally an intoxicated male subject who resisted officers when they attempted to place him in protective custody during a domestic disturbance.

Drug and Criminal Enforcement:

The Swanton Village Police Department executed 7 search warrants over the course of 2022 which led to criminal charges and the recovery of evidence related to drug trafficking, fraud and property crime related to drug activity. The first search warrant was in the area of known drug trafficking but was related to an aggravated assault. Officers hit two apartments simultaneously with assistance from the DMV Enforcement and Vermont State Police. Officers executed a search warrant at a residence concluding an 8-month long fraud and identity theft investigation where the victim was defrauded of thousands of dollars over several months. This search yielded evidence definitively linking the suspect to the crime. Officers executed another search warrant related to a fraud case that was directly related to local drug activity. This search warrant yielded evidence definitively linking the suspect to the crime and the suspect confessed when interviewed. Officers executed a second search warrant at the same location based off observations of drug activity during the first search warrant. This was a known local drug location in the Village and the second search warrant led to the arrest of a male from Springfield, MA for distribution of crack or base cocaine. Officers executed another search warrant at the Europa Motel locating evidence of a fraud directly related to drug activity leading to an arrest. Officers executed a search warrant on a vehicle after locating 115 grams of crack cocaine on the operator who has a history of distributing narcotics in Franklin County.

Homicide:

The homicide on February 2, 2022, on First Street is a tragic example of an adverse outcome associated with drug trafficking activity. Early that morning officers from the Swanton Village Police Department were called out to respond to an unresponsive male who had been shot. Officer Kalb was the first responding officer along with Border Patrol and located 23-year-old Elijah Oliver, deceased. Officer Cooper, Officer Gilbert, Sergeant Gagne and I responded to the scene. Due to the apparent complex nature of the crime Vermont State Police, Bureau of Criminal Investigations was called and took primary responsibility for the investigation. Over several months investigators continued to follow up on the case with the United States Attorney’s Office, District of Vermont issuing a press release on January 11, 2023, stating Dominique Troupe, 36 of Colchester was “charged with one count of conspiracy to distribute cocaine base, one count of aiding and abetting the use of a firearm during and in relation to a drug conspiracy, one count of conspiring to commit a robbery of drugs and money by threat of force, and one count of possession with intent to distribute cocaine base.” (USAO VT, 2022)

This press release goes on stating “The first three counts against Troupe relate to the February 2, 2022, shooting death of Elijah Oliver in Swanton, Vermont…The United States asserts that Troupe was the primary source of supply for crack cocaine being sold out of a residence on River Street in Swanton, and that Oliver was a rival Swanton drug dealer…Troupe and others implemented a plan to carry out an armed robbery of Oliver, seeking to steal drugs and money, and during the attempted robbery Oliver was shot and killed.” (USAO VT, 2022)

On February 18, 2022 the United States Attorney’s Office, District of Vermont “returned indictments charging Jesse Sweet, 26, and Eric Raymond, 31, both of Swanton, with unlawful possession of firearms…Sweet is charged with possessing a Ruger .308 rifle while he was an unlawful user of controlled substances and after having been convicted of a misdemeanor crime of domestic violence…Raymond is charged with possession of an Anderson Manufacturing AM-15 rifle after having been convicted of a crime punishable by a term of imprisonment exceeding one year…On February 2, 2022 police observed Raymond driving an ATV toward the back portions of his Swanton residence. Police followed those tracks, which led to footprints, which led to the firearm below an abandoned vehicle.” (USAO VT, 2022)

On March 14, 2022, the United States Attorney’s Office, District of Vermont issued a press release stating “Misti-Lyn Morin, 42, of Swanton, Vermont, has been charged by criminal complaint in the United States District Court for the District of Vermont with being an unlawful user of a controlled substance who possessed firearms.”  (USAO VT, 2022)

The Board thanked Chief Sullivan for his in-depth report and said all their hard work doesn’t go unnoticed. The Chief stated his officers have been very busy so far this year too.

9. Review and Acknowledge 4^th Quarter SQRP for 2022:

Eugene LaBombard made the motion to approve and acknowledge the 4^th Quarter SQRP report for 2022. Adam Paxman seconded. Motion carried.

10. Approve and Adopt 2023 Budget:

Lynn Paradis, Assistant Village Manager; stated she had made just a couple of changes to the budgets but most everything remained the same. Eugene LaBombard made the motion to approve and adopt the 2023 budget as presented. Adam Paxman seconded. Motion carried.

11. Approve and Sign 2023 Annual Warning:

Neal Speer, Village President, read the following Annual Warning:

The legal voters of the Village of Swanton are hereby warned and notified to meet at the Swanton Village Complex, 120 First Street, Swanton, Vermont on Tuesday, March 7, 2023 at 7:00 a.m. to vote on the articles set forth. All articles are to be voted by Australian Ballot. The polls open at 7:00 a.m. and close at 7:00 p.m.

Article 1:         To elect from the legal voters of said Village the following officers:

                        President for a 1 year term

                        Trustee for a 3 year term

                        Clerk for a 1 year term

                        Collector of Delinquent Taxes for a 1 year term

Article 2:          Shall the voters of the Village of Swanton appropriate $138,985 for the

                        operation and maintenance of the General Fund for 2023?

Article 3:          Shall the voters of the Village of Swanton appropriate $575,035 for the operation and maintenance of the Highway Department for 2023?

Article 4:          Shall the voters of the Village of Swanton appropriate $87,861 for the operation and maintenance of the Fire Department for 2023?

Article 5:          Shall the voters of the Village of Swanton appropriate $852,990 for the operation and maintenance of the Police Department for 2023?

Article 6:          Shall the voters of the Village of Swanton authorize the Board of Trustees to place surplus funds in the Police Department anticipated to be $61,200 into a capital fund for future purchases?

Article 7:          Shall the voters of the Village of Swanton authorize the Board of Trustees to place surplus funds in the General Department anticipated to be $11,900 into a capital fund for future Municipal Complex and Park upgrades?

Article 8:          Shall the voters of the Village of Swanton authorize the Board of Trustees to place surplus funds in the Fire Department anticipated to be $10,250 into a capital fund for future purchases?

The legal voters of the Village of Swanton are further notified that an Informational Meeting will be held on Tuesday, February 28, 2023 at 7:00 PM in person and via Zoom for the purpose of explaining all the Budget items to the voters. Anyone desiring to participate & listen in on the meeting by cell or landline phone should dial 1-646-558-8656 and enter the Meeting ID# 828 6169 4256 when prompted & announce your name. To join the ZOOM meeting online on a computer, click on this link:

https://us02web.zoom.us/j/82861694256?pwd=TzZtL1hrRmV2aFZMelRtQkFVNzFYdz09.

Passcode: 369485

Dated at Swanton, Vermont this 30th day of January 2023.

Neal Speer, President______________________      Chris Leach, Trustee________________________

Eugene LaBombard, Trustee __________________ Adam Paxman, Trustee______________________

Received and filed this 30th day of January 2023

______________________________

Dianne L. Day, Village Clerk

Adam Paxman made the motion to approve and sign the 2023 Annual Warning as presented. Eugene LaBombard seconded. Motion carried. Board members signed the annual warning.

12. Any Other Necessary Business:

Adam Paxman asked if there was some new construction taking place in the Village. Reg Beliveau said yes that there will be three duplexes built on Lavoie Avenue but said they are still in the design phase.

13. Executive Session to Discuss Real Estate and Contracts:

Adam Paxman made the motion to enter Executive Session at 8:11 p.m. Eugene LaBombard seconded. Motion carried.

Adam Paxman made the motion to exit Executive Session at 9:45 p.m. Eugene LaBombard seconded. Motion carried.

ACTION TAKEN: None.

14. Adjournment:

Adam Paxman made the motion to adjourn the Regular Meeting of the Board of the Trustees meeting at 9:45 p.m. Eugene LaBombard seconded. There being no further business at hand, Neal Speer, Village President, adjourned the meeting at 9:45 p.m. Motion carried.

_____________________________________             _______________________________________

Neal Speer, Village President                            Date

_____________________________________    ___________________________________

Dianne Day, Village Clerk                                Date