Nov 24

11/24/2008

Town of Johnson
Selectboard Meeting
Monday, November 24, 2008- 7:00PM
Upstairs, Johnson Municipal Building

APPROVED
Selectboard Members present: Eric Osgood- chair, Margo Warden, Howard Romero, Brad Reed.

Others present: Duncan Hastings- Administrator, Steve Smith- Road Foreman, Green Mountain Access TV film crew, Jim McDowell- President of the Planning Commission, Kim Dunkley, Lea Kilyadova, Lois Frey, Jessica Flores.

Eric called the meeting to order at 7:00pm.
The Board approved minutes of October 20, 2008.

Treasurer’s Report:
§ Duncan reported that essentially the tax related numbers are to the good, but the 300% of revenue is misleading, as the school tax still has to be paid out. We’re on track. He doesn’t know yet what the delinquencies came in at. As far as expense items are concerned for the 1st quarter most categories are very close. Overall we’re looking pretty good; we’re relatively on schedule.
Howard asked if anything has come along that the Board should know about. Duncan replied that the paving budget came in just about to the penny. Out labor categories are where they’re supposed to be. We’re at the part of the year when Steve will have to divvy out overtime. We’re heading into budget season. Eric wants to schedule some budget meetings. Eric would like Rocky, Steve, and Duncan to get together to go over the highway budget planning.
§ Duncan added some items to the agenda: Better Back Roads Grant, Noise complaint from John and Anne Ervy, Letter of request from LRSWMD regarding the biomass facility.

Foreman’s report:
§ Steve reported that there were 4.3 inches of rain since last meeting and 10 inches of snow in our higher elevations. They’ve sanded 5 times, have plowed 4 times up high and have plowed all roads once. The covered bridge was re-opened on November 3rd. Culverts have been checked and marked. The new wider overhead door has been installed in the garage. The old red building by the town garage has been demolished and will be buried soon. We took delivery of the new tandem truck on Friday, the 21st, and we’ve been getting it ready to put into service. It looks like it may be tomorrow. Road salt has gone up to $59 per ton this year, that’s an increase of $11 over last year. We’re cutting back on sand and salt and man-hours per the board’s request. Are there any further thoughts from the board?

Eric says that Steve can use his judgment as far as overtime is concerned. Howard asked if there were an emergency would the whole crew have to be called out? Steve answered no, just two guys. It’s a safety measure to have a minimum for two guys out there. Margo mentioned that even with the budget constraints safety should never be compromised. Duncan reminded that with the increased use of cell phones the Sheriff’s office would get more calls, thus our increased call ins even though they may not be tantamount to an unsafe environment. Steve mentioned that there were times he’s been called out and it really hasn’t been unsafe. Steve would like to put a notice in the local paper warning residents not to deposit snow on town highways and not to park in the traveled portion of roads. Duncan mentioned that he spoke with a representative at Vtrans and verfified verbally that the building torn down was indeed the Town’s property, not the state’s. He asked that that fact be sent to him via e-mail to have it documented. Eric asked about Right of Ways for the VAST trails. Duncan said that was an issue between VAST & the Town. Steve said he’s going to put up one hundred feet of guard rail between the trail and the highway garage. They’ve also been clearing trees that are in the way. Howard asked who did the work on the new tandem truck. Steve answered that it was Fairfield Trucking. They did a great job. Duncan announced that the Town got a Better Back Roads grant of $7000 for reclassification of Gould Hill Road and Mine Road. The District has indicated support for reclassification. One thing they have to do first is count cars. The do have a new digital counter but I want to wait until the college is back in session. We’d put them at both the Clay Hill intersection and the Route 15 intersection. We don’t have to do anything for the Mine Road reclassification. Carroll Peters is not at all convinced that Lendway Lane was laid out all the way to Route 15. Eric asked if the historic road committee has looked at that. Duncan said their opinion is consistent with Carroll’s. Howard would like to talk to Carroll about Lendway Lane because he has some ideas about a timeline. Duncan asked if there is anything that would be useful on the boards part about overtime hours. Steve said when we run out of overtime in about March we’ll switch to comp. time. Steve said he sent the truck warranty information back to Clark’s Truck Center. Eric asked Steve if he out up a chain across the entrance to Checkerberry. He said he had and the garbage is all cleaned up. That should keep people from going in there with vehicles and tearing up the field. Brad asked how much the bridge came in at. Duncan responded that it cost a total of $47,480 and our grant was for $63,000. It was a 90/10 split, so we only have to pay for 10% of the costs.

Eric asked if there were any selectboard issues or concerns. Eric mentioned the Woodward place on 15 looks like the chimney has some holes in it, it could be a safety issue. Duncan mentioned Katie Orosts request that the selectboard minutes be posted soon after the meeting instead of waiting until the next month’s meeting for approval. She would also like the Agenda posted on the website. Eric asked Jessica if it would be a problem to put up a draft of the minutes within 5 days, per VT statute, on to the website for public view, and then later put up the approved minutes. Jessica stated that it would be no problem to do so. Duncan asked if they’d like the agenda put up as well. It very often changes right up until the time of the meeting. Jessica will post the agenda as well.

Administrator’s Report:

· At 7:45 we have representatives from the Johnson Holiday Project coming in. Reps from the Planning Commission will be joining us to talk about the next steps for zoning.
· The stop sign ordinance, there’s nothing new. No progress on the Old Cemetery either.
· Regarding the LRSWMD landfill. I have a new letter from them that has a twist from the original letter. The new request is to use the village’s building to refurbish and repaint those compactor units and some other maintenance work. This represents another change of use as per the lease agreement. Eric mentioned that if the Town does not approve it then the point is moot because the village needs Town approval for that. Shouldn’t we wait until we have a lease in place before making any decisions regarding changes? I see us providing a site that goes beyond what other sites provide. It all comes back to the compensation issue. For all of the services that are offered at this site that aren’t offered anywhere else. The stump dump, the building materials dump. Is it too much to ask that the town get compensated for providing this site? Margo asked where we were on the Agreement. Duncan mentioned he sent a draft out via e-mail a week ago. He hoped to address the agreement sometime tonight during an executive session.
· No news on the VSC appeal. If you want to discuss the results of the meeting between Dave Barra, myself, and VSC then it should be done during executive session.
· Duncan responded to the state regarding the order to reappraise. He told them that with the collapse of the real estate market the town may well be within the value range. But we’ll probably have to re-appraise anyway, but at least the appeal has bought us 90 days.
· I spoke with the listers about the reappraisal proposal. The proposal from VT appraisal company is a good one. We do have some minor questions about the scope of work, mainly what would the listers be responsible for? PVR District Coordinator says that it’s unlikely we’ll get a better deal with anyone else since VT appraisal company helped us last time and they already have all of the town’s information.
· We have a net metering notification from Adrian Nadeau who’s installing a small wind turbine at his house.
· Duncan said he’s hoping to adopt the rapid response plan tonight. He updated the plan by incorporating the comments he received from the board.
· Margo wanted to go back to the Nadeau issue. When someone puts in a wind turbine we look at it and… what? Do we really have a say? Duncan said no, not really. Howard asked if he was looking to sell back to the grid. Duncan said yes, but it is based on a credit system. He is not likely to produce more than he can use; it’s for his personal use. Howard asked if someone puts a propeller in a river for only his or her house does the selectboard have to know about it? Duncan said the person has to notify his/her neighbors and they can comment on it. The selectboard can comment on it if they’d like. The Board declined to file written comments.
Nichole Whittemore and Lea Kilvadyova from the Johnson Holiday Festival have the floor. Lea handed out a press release and a pamphlet of information about the Holiday Festival. They’d like to put a full page ad in the paper but it costs $495. They’ve raised $150 but are asking for a donation to cover the balance. Nichole said that it’s hard to get other businesses to donate right now. It’d be great for the town of Johnson. People have been hit with the water project and then the bridge project; I think this festival will bring people back to Johnson. Brad asked how much they were asking for. Nichole said $345. Duncan stated that there is about $600 left in the events budget for the town. Nichole said that they’ve collected a lot of prizes for the downtown holiday program. Lea mentioned that the sculpture show was a big success and definitely got some positive attention for Johnson. This is another event that would show people that the merchants are involved. Lea would like to continue doing events like these to aid the merchants in connecting as a group. Eric mentioned that the town is in a difficult budget situation. They’ve made cutbacks to employees’ salaries. What’s in this for the taxpayers of Johnson? Why is it a good thing for us to give this money to you? It’s their money. Lea stated that an event like this definitely helps the local economy. It relates to all the people because it makes the town more appealing and hopefully increases property values. Nichole said that it would bring in outsiders. We have a lot of little businesses that need outsiders’ help. People will see a good community that comes together. It’s great advertising. Brad mentioned that it could only get bigger like the fireman’s winter carnival. Nichole said that hopefully next year they could go to the local merchants for the donations instead of the board. Margo stated that this is an investment and affirmation of the businesses in our town. Lois spoke up to say that the Transcript is a wonderful vehicle to get knowledge out there. Nichole has sent notices to local schools as a free source of advertisement.

Margo made a motion to donate the $345. Motion was approved.

Nichole reminded everyone to come to the Holiday Festival on the 12th & 13th.

Jim McDowell, Chair of the Planning Commission:
Jim asked now that the zoning was voted down, what’s the next step. Perhaps the planning commission could come up with with changes to the zoning informational packet. They could do more promotion and perhaps just list the pros & cons to zoning. Jim asked the selectboard if they were willing to vote on instituting zoning. Consultants have told the planning commission that zoning is the first step towards community development. Brad asked if it were possible to shorten the zoning booklet and stated that many people didn’t even know about the zoning booklet. Jim said that if they were going to go to the public again for zoning then they’d have to target the literature to be more specific. Brad mentioned that many residents were concerned why they weren’t asked what they’d like to do with their land. Jim stated that there are many who voted against just to vote against it. Jim asked the board if zoning is a decision that should be made by the public? Eric said, speaking for himself, that this was a dead issue. He said that we had a good percentage of voter turnout as we’re ever going to have for this. This is the second time we’ve put it before the public. I don’t feel comfortable going against the public even though we have the authority to do so. He did hear feedback from residents that the village itself needs zoning. I think you’d have a strong case when going to the trustees about zoning in the village. Jim stated that smart municipalities get control over their development. Eric then encouraged the other board members to weigh in. Brad said that he thought a majority of the town did not want anyone telling them what to do with their land. Margo said that we have an opportunity for zoning here in recent history. A good number of people did vote for it. Now we can go into the next phase. We’re educated; the voters are educated. Howard mentioned that two people he spoke with didn’t know about the public hearings regarding zoning. It would be much easier now to get the information about zoning out there now rather than later. Howard said that he thinks the board should just impose zoning. But he’d probably be alone in the room. Margo said no, maybe not. Lois said that after voting she got out to the parking lot and realized that she’d forgotten to vote for zoning because it had been on the back of the ballot. Jim said that Mike Miller is an excellent consultant but he’s not a salesman. It’s a big task in itself to get the marketing out there. Brad said that he had a friend in Stowe who wanted to put a small addition on his house and it cost him over $1,000 just in permits. Jim said it’s easy to hear the horror stories about zoning. People went to court out in Colorado over what color they could paint their houses. The education promotion is key. Kim Dunkley asked is there a glimmer of hope for the zoning? Is it worth it to try for zoning again. Is there any information that you want to get or give and then bring it up again at town meeting? Kim thinks the Planning Commission should put in the public forum one more time. Eric said he has to respect the vote of the voters. Jim said we didn’t have people come out in droves for meetings when we were drafting the regulations. We can’t change the zoning bylaws to reflect what one family with a couple hundred acres wants. We can’t appease everyone. Could we write a letter to the editor telling people to vote for zoning. Kim suggested putting a notice in the paper explaining why zoning is good for the town. Jim stated that people are going to focus on their specific situation, but it should be the direction you take as a community. Duncan said to Brad’s point, that the size of the zoning book is an issue. You could limit the information. You could reduce the number of pages by half by taking out the procedural part of it. I was a zoning administrator and regional planner for a number of years, the first zoning bylaws that came out were only 10-15 pages long. There are a great many conditional uses in your bylaws. The reviewboard would be hearing cases two nights a month just on conditional uses. This document was
more complex than Georgia’s that’s had zoning for 40 years. There are other things you could do with the document such as increasing the number of permitted uses and decreasing the conditional uses. You could craft a document to get people used to the zoning idea. Another step would be to get a committee of people like Alex Nadeau & Harlen Adams together, they could be involved in a think tank to bounce ideas around, If you could win those guys over then a large part of the community would follow. Jim said that they had wanted the document watered down to a basic document. Brad mentioned that some people asked him why they don’t just make a few rules. Then address problems as they arise. Make an amendment when someone has an issue. Jim said that that approach would be chasing bad decisions, that’s reactionary. The public didn’t understand that it was a planning tool. Jim asked if maybe Duncan and Mike could get together to throw some ideas around. Margo asked if they have the energy and the will to continue to work on this and put it in front of the public again. What if we wrote down 6 major improvements to the zoning document to help the community become educated. Eric said that it’s very easy to sit here and talk about mistakes. I think the next step would be to get it passed where the people want it. Once the village is passed then the rest may follow. Jim said the will is still there. We can do it over and over again. As far as the village, I don’t know why the village asked us to look into this and then never got back to us. Brad said that we already have the village cut up into apartments. Eric said the crux of it is, you guys need direction. I would entertain a motion for something.

Motion to direct the planning commission to take suggestions and make adjustments and bring zoning back to the voters as soon as possible. Motion did not pass.

Administrator’s Report:
Duncan stated that Dave Barra has written a letter to Charles Hess regarding the health order.

Eric made a motion to have Dave Barra pursue this issue to Superior Court. Motion passed.

Regarding the letter received from Sgt. Major Lertola about the request to increase the property tax exemption for disabled veterans. $20,000 to $40,000. Duncan said there were about 6 or 7 veterans in the town that this would affect. He handed out a spreadsheet showing the total impact. The state did not increase their contribution for the education tax, so town would pick up that too. Would the board increase the exemption to $40,000? Eric said he is a veteran and has a high amount of respect for veterans but this town already has enough burdens on its taxpayers due to the large number of tax exempt on state owned property. If the state increased its contribution then I could see the town doing it. Margo said to put this before the town. Brad said it the Sgt. Major should petition to have it put on the agenda at the town meeting.

Gary Sutton has applied to be a lister.

Eric made a motion to approve Gary’s request. All in favor. Motion passed.

Duncan stated that the VLCT has increased the health trust rates for 2009. Right around 9% increase for couples and 24% increase for families. This is not good news for our budgets. I had a conversation with a fellow administrator who left the health trust and stayed with BCBS. They implemented a high deductible plan. It turns out that the municipality had enough in the budget to pay these deductibles at 100%. There’s not much time to make plan changes so I don’t know if we could implement a new plan this year. Eric said that even if we couldn’t get the information to decide in time for the joint meeting with the trustees we could always consider this next year. Duncan said that we don’t have many families on the plans anymore. Brad asked how much the employees are contributed to the insurance. Duncan answered between 9-16%. Eric said that when the boards meet in December we will discuss budget issues. Duncan mentioned that the league does offer a high deductible plan. Morrisville instituted a plan like that but there was a great deal of resistance from employees.

Stowe insurance has sent a renewal for the Recreation Fields insurance. The board agreed that the $700 insurance should be renewed.

Regarding the Municipal Building’s structural damage. According to the test results, there is very poor soil at the corner of the tower portion of the building. The engineer does not think that the building will stop settling. The big question is: who’s going to pay for this? This has to be a joint board decision. The engineer brought up an estimate of $3500 just to come up with a plan to fix this. Damien Turner was the architect but he isn’t an engineer. He subcontracted from DEW. Tatro Bros. did the concrete. No action, defer to joint meeting.

Brownie Troop #30443 has written a letter asking that the Pearl Street bridge be fixed. Eric stated that they probably aren’t aware that it is slated to be fixed. Eric will write them a letter explaining out plan.

Duncan said that the boards should set up a meeting for budget issues to set some parameters, some goals, general ideas would be great to get the 1st draft out there. All of the joint issues. Margo can’t commit to a date yet. Brad has no problems. Eric said the 11th would be good at 6:00. Duncan said he can’t get all of the budget figures ready by then but he’ll get the joint budget numbers ready for that meeting.

Noise complaint from John & Ann Ervey. A copy of the complaint and pictures were given to the board members. Duncan says the noise ordinance is designed more for loud music and those types of noise. It’s not designed for business related issues. Margo said what about the Hub? Duncan said the ordinance would apply to aspects of that situation. Duncan stated that bottom line the noise complaint does not fall within the boundaries of this noise ordinance. Eric asked if Duncan could send a letter and a copy of the noise ordinance to the couple. Duncan said the fire wood operation appears to have been there before they bought the house. They’ve lived there for 3 years. I’d love to help them but I don’t think the ordinance will aid them at all. They could look at the Act 250 permit. Eric told Duncan to make that suggestion in the letter. Margo stated that the board is the one to write the ordinances. Duncan said you have to ask yourselves why the noise ordinance was instituted in the first place. Eric said we wrote it because we had a lot of college students with bass systems in their cars making all sorts of noise, which disturbed the peace in the village. Also we had noise issues with the dirt bikes out past Nadeaus. The Sheriff’s office uses the ordinance when breaking up parties. Duncan said even with zoning with noise restrictions you start getting pretty technical when imposing noise limits on a business. You have to get a decibel meter reading and stand out on the property line to measure noise levels. The board directed Duncan to send a letter to the couple advising them the ordinance does not apply to their situation.

Motion to go into Executive Session to discuss LRSWMD. All in favor. Motion approved.

The selectboard meeting was adjourned at 9:30.
The Executive Session was adjourned at 10:03.
Respectfully submitted,

Jessica D. Flores

Tags: