MINUTES
Morgan Select Board Meeting
Held on April 23, 2012 @ 7:00 PM
Selectmen’s Agenda & Minutes
Town Office
Present: Robert Guyer, Larry Labor, Allan Wooley
Guests: Ned Swanberg of DEC, Dave Snedeker of NVDA, Shawn Austin (Road
Commissioner & PC), Steve Matson (Zoning Administrator & PC), Steve
Massicott (rep of SLA)
Larry Labor, SB chair, called the meeting to order at 7:08 PM
1. Minutes to meeting of April 9, 2012 to review and approve.
Moved, seconded that the minutes of 4-9-12 be accepted. Motion passed.
1a. The chair introduced Ned Swanberg who had been invited to discuss the
National Flood Insurance Program and Vermont’s Model 5 flood hazard area
bylaws. He started with a powerpoint presentation and then answered
questions.
Last April after the flooding the Select Board had made application to the
state, signing a letter of interest about adopting flood bylaws and being
eligible for the NFIP (National Flood Insurance Program), which is not
available from FEMA unless the town has adopted flood bylaws.
Ned is the flood map coordinator for Vermont and discussed the various
levels of mapping current in Vermont now. The best are the LIDAR maps
which are digital maps produced by laser scanning from planes. Many towns
such as Morgan still have the rough flood plain maps based on the town’s
topographical maps. The new FEMA maps will not be town-based, but maps of
watersheds. The original FEMA maps of the 1970s, ours included, do not
show all the flood hazards, often there is nothing about the erosion hazard
areas.
During the Q & A many topics came up: Our problem ironing out the use of
the dam to control the level of the lake so the Seymour Lake Association,
town, state, and the utility are in agreement and harmonizing the mandate
of the VT Supreme Court with the state agency’s ‘run of the river’ policy.
The various ways in which lake shore property owners have dealt with being
classified in the flood plain and so unable to get mortgages etc. Ned said
that the best approach was to acquire a LOMA (Letter of [FEMA] Map
Amendment) and that there were several of these already around the lake.
Perhaps in the past local bankers had made loans that were not federally
insured to owners in the flood plain. From this point on no one whose
buildings are in the flood plain will be able to get a federally-backed
mortgage unless property owner has a LOMA from FEMA, or the town is in the
FEMA program and NFIP is in place. This will make selling lake shore
properties on the open market very difficult. FDIC banks can not place
mortgages on structures in hazard zones unless flood insurance covers the
value of the mortgage on the structure. Since Morgan does not currently
participate in the National Flood Insurance Program that makes access to
affordable insurance difficult. There are other options for flood insurance
besides FEMA such as CATS (catastrophe insurance) or Lloyds of London, but
they are very expensive. The Zoning Administrator, whose duties would be
greatly expanded under Model 5, asked how many structures were currently in
the flood plain around the lake (the only listed flood hazard area in
Morgan); no one knew. There were two directors of the SLA (Seymour Lake
Association) present and they stated there were 397 properties around the
lake. Dave Snedeker stated that NVDA would be able to provide a map using
topographical maps, the 911 map, and the FEMA flood insurance rate map
(FIRM) to provide a way to get an approximate count. Ned warned us that if
any part of a structure was in the flood plain, the whole structure was in
the flood plain. However, he assured us that even though every structure
in the flood plain was a “non-conforming structure,” the owners of such
would not be under any liability, nor need a “certificate of occupancy,”
unless “substantial improvement” was made to the property; that is an
improvement that cost 50% of the assessed value of the structure in a three
year period. Once NFIP was in place anyone in town could get federal flood
insurance.
Regarding steps to take if the SelectBoard wanted to adopt Model 5 as a
self-standing bylaw, Ned recommended getting the NVDA map and putting
appropriate language into the Town Plan about protecting the town against
flood hazards, and then perhaps posting the map and the phone numbers of
CATS and Lloyds for non-NFIP flood insurance.
The current flood map can be viewed at the municipal office or online at
www.msc.fema.gov
The town plan is expired. Until it is readopted, the town can only adopt
interim special flood hazard area regulations which would be good for two
years (with the ability to extend for a third year).
The town could opt to choose a version of the model flood hazard area
regulations and add them to the draft zoning bylaw. The town plan and
bylaw with flood hazard area regulations could then all move through a
concurrent adoption process.
2. For your information the Warranty deed for the school property that you
requested we send to John Monette was done and he in return asked for more
info which you will find attached that was faxed to him. He will contact
us with questions.
The Town Clerk had attached the original warranty deed, an entire
description of the deed, and the Listers’ cards. Read, reviewed, and
filed.
3. Nichols/Moot appeal info from last meeting has been rectified and the new
meeting will be on June 18th, 2012 at
9:30 here at the Town Clerk’s Office.
Read, received, and filed
4. Bid from Robert N. Taplin for [2] portable restrooms at Seymour Beach
Parking Lot.
Wait for Juddy’s bid.
5. notice E-Mail from Sara Davies of Plum Creeks intent to preserve its rights
with respect to the 2012 valuation, and therefore is notifying the
respective clients of its challenge to the 2012 valuation, notwithstanding
the pending stayed appeals.
Read, reviewed, & filed
6. Lund property photo’s requested by Chairman, Larry Labor by e-mail.
Moved, seconded and passed for a registered letter to be sent by the Town
Clerk
7. Fema fax received today and a couple other Fema info and DEC NFIP
Presentation.
Included in the discussions at 1a.
8. Orders #22 & #23 to review, approve and sign.
Reviewed (all checked except one not found) & signed.
Motion to adjourn at 9:27 passed.
Resp. submitted, Allan Wooley