May 11

5/11/2009

Town of Johnson
Selectboard Meeting
Monday, May 11, 2009
Upstairs, Johnson Municipal Building

UNAPPROVED
Selectboard Members present: Eric Osgood- chair, Howard Romero, Doug Molde, Margo Warden.

Others present: Duncan Hastings; Administrator, Rosemary Audibert; Town Clerk, Jessica Flores, AR Clerk, Lea Kilyadova, Jim MacDowell, Robert Selby, Kim Dunkley, Mike Dunham, William Allen, Mark Courchaine, Andre de Saint Phalle, Veronica de Saint Phalle, Tucker Courchaine, Nick Allen, Ron Audet, John Hemingway, Mike Dennis,

Eric called the meeting to order at 7:06pm.

Dirt Bike Track issue:

Eric stated that the select board can operate in a quasi-judicial form, or this issue can remain informal. Eric stated he’d like it to remain informal. He asked that testimony be directed to the Board and not to each other as to avoid getting personal.

Andre de Saint Phalle’s testimony: Andre brought in a recording of the sound he and his wife here ½ mile away from where the track is. He played it for the board and the audience. Andre handed out a picture of the dirt bike area. He stated that he’s been dealing with the noise for 4 years since the bike track began. He’s called the Lamoille County Sheriff’s office a dozen times a year. The Sheriff’s Department has always advised him to talk to the Select Board. Rather than issuing a formal complaint tonight, he’d like to continue his research and perhaps have a formal meeting on the issue at the next scheduled select board meeting allowing for other members of that neighborhood to be present. He stated that he’s read the noise ordinance which took effect in 2000 and it looked like it catered more towards bass speakers in vehicles, and that the ordinance was far too vague. Andre stated that the ordinance should have had some public feedback before its institution.

Mark Courchaine, dirt bike track owner: Mark apologized to the Board for having to take their time to deal with this issue. He explained that he started the track 5 years ago for his son because that’s what his son has always been in to. Mark added that as a father, you try to give your kids the best chance you can and he supports all sports for kids. Mark stated that the track isn’t for just one person; it’s for a dozen kids to enjoy. The kids are staying out of trouble; they’re not doing drugs or drinking, they’re having fun. Mark stated that he won’t fight this forever, but he will fight for the kids.

Howard stated that the testimonies should remain about the noise, not the kids having fun.

Mark went on to say that the ordinance does not factor in a decibel level so he feels he’s not in violation. 99% of the time the kids ride from 4:30 to 7:00.

Mike Dennis testimony: Mike stated that he finds the noise disturbing as well. He used to ride a dirt bike, but limited the use in order to take his neighbors into consideration. Mike suggested a schedule to allow the kids to ride but keep everyone happy.

Eric read a letter from Mrs. Miller, a neighbor of Mike Courchaine. In the letter she states that the dirt bike track is good for the children. She writes that the boys are all good boys and are staying out of trouble.

Mike Dunham: Mike stated he has 100 acres of land on Collins Hill, which surrounds the Courchaine’s land. He has the closest house to Mark’s; he hears the noise but it does not bother him. Mark stated that it is the sound of children staying out of trouble.

Duncan stated that the ordinance is set up as a ticketable offense. The Board has to decide if it’s in violation of the ordinance or not.

Mark stated that he’s not inflexible to some sort of schedule. Roger Marcoux has in fact directed a deputy to mediate between the two parties.

Kim Dunkley stated that she thought the ordinance stated set times: 10pm to 6am. Eric stated that in fact that was for construction only.

A woman from Fairfax spoke up to say that they have a dirt bike track in Fairfax in a neighborhood of about 12 houses and no one has ever complained of the noise.

Mark stated that he’d be willing to set up a schedule as follows: riding every other weekend, no riding on Tuesdays or Thursdays. On the Sundays he’d like to have permission to ride from noon to six or seven.

Andre stated that Sunday was a day of rest for him.

Eric asked Ron Audet if he would mediate between the two parties to come to some sort of compromise. Ron agreed to mediate. Andre will talk with deputy and submit a schedule proposal to his other neighbors.

ROW Permit for Powerhouse Bridge:

Margo stated that it would be proactive public relations to let the taxpayers know what’s happening with the powerhouse bridge. Duncan stated that he’s writing an article for the News & Citizen.

Howard made a motion to complete the project within the time period when the college is out of session. Doug recused. Margo, Howard, and Eric voted in favor. Motion passed.

Certificate of Public Good:

Sub station transmission upgrade was discussed.

Howard made a motion to approve the waiver of 45 days. Margo seconded. Doug recused. Motion passed.

Petition for Fairpoint. Replacing poles on St. John’s Street. They’re in the highway right of way.

Margo made a motion to approve the replacement of poles. Howard seconded. Doug recused. Motion passed.


Noise waiver application for Dan Harmon’s graduation family BBQ:

Margo made a motion to approve facilities use application and noise waiver. Howard seconded. All in favor. Motion passed.

Lea spoke about the Masonic Hall building. Lea stated that she’s been looking into funding for the Masonic Hall upgrades. The Town could get $500 from Preservation Trust of Vermont. The National Preservation trust could match a grant of $1500. Steve Engel said the Mason could contribution $750. towards that match in order to decrease the Town’s contribution. The Town’s portion would be $750.

Howard made a motion to authorize Lea to apply for the National Trust for Historic Preservation matching grant application and a monetary amount of $1500 for the preservation of the Masonic Hall. Margo seconded. Discussion ensued. Doug said the Town may want to pull the plug on this at some point. Doug mentioned that the building has to be open and available to the public. Duncan stated that the utility of the building has been his concern from the beginning. The functionality of the building is important to the Town. Eric agreed that if an agreement is made between the Masons and the Town, it should state that the Town could stipulate usage.

All in favor. Motion passed.

Doug handed out a letter to each board member and Duncan. It was a list of priorities for the select board and the planning commission. Doug stated that the select board should be doing a lot more than it has been. Some items on the list were: Broadband and cell service, Branding Johnson, the Rail Trail, continue with the Housing Study, social networking, etc. He stated that the select board ought not to neglect the Trustees. The two boards should work together on Vision . Doug stated that the select board should use the Administrator and Lea more. Duncan stated that the Trustees have been very busy over the past few years with a 4 ½ million dollar waste water treatment facility project among others. Duncan agrees with the vision point.

Mike Dunham stated that huge projects have been a burden to the ratepayers. He said to tread lightly on how the Town burdens people in the community with all this change.

Doug stated that these things must be on the select board’s agenda. Margo agrees.

Jim MacDowell asked how do you handle all the decisions you currently have to make and be proactive at the same time?

Bonnie from Lamoille County Planning Commission stated that the regional planning commission is an asset and she is here to help.

Doug stated he would like a commitment from the Board saying they want to work on Broadband, the Rail trail, etc.

Robert Selby, Planning Commission Chair: Robert stated that the Planning Commission is designed to play an important part in this vision. It needs direction from the Board as to where to dig deeper.

Kim Dunkley: Kim said that the Planning Commision needs to figure out how to get people involved with this vision. She stated that she’d be willing to stand in front of Grand Union with surveys to get feedback.

Doug stated that the planning commission has had a lot of great ideas, but the select board hasn’t has time to look at them.

Duncan stated that when he first came to work for Johnson, the planning commission was actually planning. This surprised him as where he worked previously the planning commission was the zoning regulators and didn’t have time for anything else. Johnson doesn’t have zoning so the planning commission could look at planning and other great ideas. The Planning Commission in Johnson actually has the time to look into different projects.

Jim mentioned a joint board meeting with a facilitator for meetings on zoning and the Rail trail.

Eric asked Bonnie if someone from Lamoille County Planning Commission could facilitate those joint meetings. Bonnie said that is something they could do.

Lea stated that the Municipal planning grant could be used for a Town Plan renewal.

Doug stated that the Board should be looking at least 10 years out, as Johnson could easily be the best town in Lamoille County. Robert Selby said they should make better use of the resources. The Planning Commission could work on vision and the select board could put out every day fires.

Duncan suggested sharing minutes between boards. Let the right hand talk to the left.

Doug made a motion to set up a joint meeting with the Trustees and Planning Commission. Margo seconded. All in favor. Motion passed.

Jim MacDowell asked how do you build a capacity that moves these things forward? Do we put in a new desk downstairs or hire a 4 year civil engineer to handle items? Duncan stated that Johnson is a small Town and any addition in capacity would become a burden on the taxpayers.

Meeting adjourned at 9:16pm.

Respectfully submitted by,

Jessica D. Flores

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