Jun 16

6/16/2008

APPROVED
Town of Johnson
Selectboard Meeting

Monday, June 16, 2008 - 7:00 p.m.
Upstairs, Johnson Municipal Building

MINUTES

Selectboard members present: Eric Osgood – Chair, Howard Romero, Margo Warden, Brad Reed, Rocky Hooper.

Others present: Duncan Hastings - Municipal Administrator, Rosemary Audibert - Town Clerk, Steve Smith – Road Foreman, Jan and Chris Perkins, Ray Gilchris, Lois Frey, Amy Langlois Jim Black, Lea Kilvadyova – Community & Economic Development Coordinator, Mark Woodward, Casey Romero, Buzz Osgood, Kylie Hill and Susan McGovern.

Eric called the meeting to order at 7:05 p.m.

Treasurer’s Report: Rosemary reported an estimate of year-end to be $59,500.00. The Board asked several questions about the budget status, including the possibility of having to borrow money. It was decided that the Selectboard would hold a special meeting on July 7, 2008 for discussions prior to making any decisions at the Selectboard meeting to be held on July 21, 2008.

Report from Steve Smith, Road Foreman:

1. Since last meeting have had 5.8 inches of rain.
2. The crew has been screening and spreading gravel.
3. Ray has one truck painted and is working on another one. This truck was scheduled to have the body replaced this year, but due to a budget shortfall, he has been rebuilding the sub frame which should get us by for a couple of years. A new body at this time costs around nine to ten thousand dollars.
4. A locking fuel cap on the outdoor fuel tank has been installed.
5. Steve was informed by the salt distributor to plan on a Five Dollar increase on road salt for next year. This would bring the cost of salt up to $55/ton. He also insured me that there would be no shortage.
6. Steve has been talking to a representative from VTRANS rail trail division. They have come up with a plan to move the VAST trail away from the highway garage. This would allow the town to demolish the little red building which his records show belongs to us. This would be a town and village joint venture with very little money involved and would be very beneficial to us.
7. Steve will be getting paving prices soon, the roads being Plot Road, Wescom Road, Gould Hill and the southern end of Railroad Street. Wescom Road should be reclaimed if we can afford it.
8. The sink hole at the School Street covered bridge is not getting any better. Tomorrow we plan to put a Jersey barrier over said hole until we can find money to fix it right.
9. We had heavy wind damage on the 10th of this month, the most being on Clay Hill and Ober Hill.

VAST trail. Steve found out that the town/village own the little building right next to the tracks that was used as a lab for the Talc Mill. Steve would like to see us remove that building and move the VAST trail away from the Town Garage. The town would have to maintain a right of way in it’s current location, but could move the VAST trail and maintain the road in the same place it is now.

Paving issues and School Street issues. Eric asked if the State should come in and inspect that bridge. Duncan said we could request a State inspector to come and look at it, but for now a jersey barrier would be put up. He stated the bridge had been inspected this year already.

Duncan stated an application to repair has been sent to Montpelier for approval of funding. There is a good chance the town may get some money. A motion was made by Howard to authorized Duncan to prepare bids for the work and to send it out, which was seconded by Rocky. All members voted in favor and the motion was passed.

Roads that need work – Plot Road needs top coat, and Wescom Road. What are the Board’s thoughts on looking at the type of work that was done on the Hogback? This could be put out for bid to do it all.

School plowing 2009 – the School Board offered to contribute $6500 for the next school year. The cost was $12,876+ for this past year. School Board does not really have any money in their budget for this year but could pay the $6500.00 and then could discuss putting a number in next year’s budgets. Duncan thinks $6500 is better than nothing. Brad made a motion to accept the School Board’s offer of $6500 toward plowing this season with the understanding that it will be re-negotiated next year. Howard seconded. Motion was passed.

Highway employees 40 hour work week changes. Eric explained the action the Board has taken and the need for this action. It has nothing to do with the quality of work of the employees and everything to do with the need to cut back on the highway department labor costs, specifically overtime. He stated that he feels the Board has been very fair in trying to reduce the impacts on their wages and asked for the cooperation of the employees in moving forward with this change. He asked if any of the employees wanted to address the board.

Chris Perkins handed out a scenario of what he would make now as opposed to before the cut. The “hold harmless” limits their take home pay to what was in the budget for the highway department. Chris thinks the Board is funding the town with their money – taking money away from the highway department and not the rest of the employees. Since January, Chris figures the highway department employees have each lost about $4000.

Eric said the Selectboard had to pull back on the overtime and that the Board hadn’t wanted to take these actions, but had no alternative. This year and in future years we can’t go over the budget for labor; we have to get control of these costs. Eric said the decision was not based on work ethics, etc. This year there was a financial crunch, and the biggest savings was within the highway department because it is approximately 60-70% of the town budget. Eric also said that the department has a lot of overtime; more than the statewide average by a lot.

Rocky stated he thinks the highway department has been treated very well under the circumstances. The Board thanked Chris for coming in.

Ray stated that he’s been treated this way before and is concerned about the bottom line. Ray has heard negative remarks from the community regarding the condition of the winter roads. The Board says they don’t want to cut their salary rate but they don’t want to hire a 5th person either; they may have to in 5-10 years or so.

Rocky and Steve stated they were not in favor of 4, 10-hour days/week from May to November. Eric stated that was the vote and we should continue 10-hour days for this year and revisit the issue next year.

Lea – described the proposal for her work plan for next year. The Planning Commission approved it last Thursday. She has also presented the plan to the Village Trustees, who approved it. Projects – which have grant funding attached to them – Main Street project, Johnson Housing Study. She would also like to focus on downtown connection and with JSC. Outdoor sculpture – wants to do that more downtown and bring more people to the downtown area, which wouldn’t be grant funded. She wants to focus on art at JSC and bring that into the downtown. Re JSC homecoming, graduation, etc. – no specific proposal at that time.

Johnson Holiday festival – believes this will bring more opportunity to downtown Johnson. The Main Street project – biggest grant resource – is nearing completion of phase 1 plans. Lea’s role is supporting that person. LVRT has a newly established committee with 6 people willing to look into pathway connections to downtown. July – invite VAST project manager and open up to Selectboard, Planning Commission and Trustees.

Johnson Housing Study – had first meeting with housing consultant – coming back in September with progress on report. He will provide explanation of everything.

Fiber Optic Network – nothing tangible yet.

Same proposals for grant writing.

Eric asked if Lea was involved with Pearl Street Bridge project and Duncan replied she was not.

Howard supports the plan – Brad said Lea is doing a good job.

Rocky – Planning Commission looking into ideas from the Trustees and Selectboard for trailhead – bike path, foot bridge could work well. There was a consensus on Lea’s plan.

Buzz Osgood and Kylie Hill discussed the Skate Park saying it is a disaster, there is rotten wood, graffiti, nails, swear words, beer bottles, etc., and that cars go in there at night. It needs some attention. Casey stated that the fire pit has been dug and that they are ready to burn and paint. Casey also said that the Coordinator had gone there a few times last year and slept out on site to discourage bad behavior.

Mark Woodward – wants the Town to reconsider their decision on TH 19. He feels like he spent hundreds (thousands) of dollars to upgrade and that the town maintained it for 18 years. Mark said he received a letter in April saying that the road was never reclassified to a Class III, and that it sounds like the Board didn’t do their paperwork, and now he has to maintain it. He believes he did everything he was supposed to do. Even if it was four Selectboards ago, he didn’t feel as if he had done anything wrong. Mark said he spoke with Willie who said he thought it was always a Class III road.

Steve said on map shows Class IV road. Eric said the previous Board never accepted it and it’s official designation is Class IV. The town has never received any Class III state aid on the road. The highway department guys have a lot of trouble turning around up there. Howard said there has to be an area open to turn around. Steve said the biggest expense for Mark would be the turn around.

Duncan believes Mark also had some responsibility in the fact that the road was not re-classified. He must have known what the process was and could have questioned why it wasn’t being done. The written record indicates questions about whether everything had been done which was required. There was no vote of the Board to move forward with acceptance that he has been able to find.

Mark said he assumed everything was alright so didn’t question it.

Eric stated the Board can’t accept the highway as Class III unless it meets today’s standards, but Mark has a right to petition for it to be re-classified.

Mark stated he would encourage Selectboard to do go ahead and bring it up to standards and then re-classify it so he can get the Class III road. Mark spent the money once already and feels he did what he was supposed to.

Eric stated the town is not going to do that work; the statute requires the petitioner to bear the cost of improving to town standards.

Mark asked if he does make the improvements will the town accept it? Eric thinks Board would accept it, but it has to be for the public good and can only be done after the process has been followed.

Howard stated that he understands Mark’s frustration, but the board cannot re-consider it’s decision; the facts are what they are and they are bound by statute.

Mark stated we would talk to Steve about what would be needed.

Eric stated the Board would need to be involved in the discussion of what was needed to bring the road to standards. Duncan stated that if it was reclassified to Class III, we could get State highway aid.

Rec Committee/Skate Park Committee presented proposals for Grant closeout and allocation of grant funds to both committees. Casey said that $4354 was spent on Jim Rose. Rosemary will have a final number of what was left in the grant soon. Remaining BOOST grant funds should be allocated so as to meet requirements and reimburse the two committees for money expended from their funds. The Rec Committee and the Skate Park funded Jim’s position, so both the Rec Committee and the Skate Park should be reimbursed for the money they had already spent. No. 1 – they want to keep the money; #2 it should be put into the proper account – either the Rec Committee or the Skate Park. Amy Langlois from the Rec Committee stated that based on expenses they should get $800 and the Skate Park should have the rest. The Board stated that as long as the money was being properly allocated as per the grant requirements, they had no issues with the split between Rec Committee and Skate Park. Howard reused himself from this discussion.

Old Business:

Local Ordinance to Register Alarm Systems. Duncan made contact with Stowe and has a copy of their ordinance. Stowe Police Department periodically provides the Town Clerk with a list of responses. Morristown charges for false alarms. Municipal ordinance format – a bill is sent to the owner, and if the owner does not pay, then a ticket is sent. Roger will try to get more information. Roger feels in order to be effective the 3 Lamoille Patrol Towns should all adopt the same ordinance. Duncan to write a letter to other towns to see if there is an interest. There could be some revenue from this.

Zoning and Subdivision Public Hearing. The Board decided to have a vote on this to coincide with November Elections.

Duncan handed out drafts of a building use policy and use agreement for the Board to review. This being strongly recommended by VLCT PACIF. Questions for the Board: does the Board want to impose restrictions to the use f the buildings? Smoking is prohibited by state law, but what about alcohol use? Rocky stated we might need to have separate restrictions on all different buildings/premises. Does the Board want to charge anything for use of buildings? Don’t currently charge for use of any of. Key issue is that persons using our buildings and grounds are not covered by our insurance, but VLCT is now offering low cost policies through a third party vendor that people can purchase when they use the buildings. Lois asked if the Historical Society was covered and was told that the building was not. Homework assignment for next meeting.

Highway Department. There was further discussion over vote the Board previously made regarding the 4 10 hour days from May 1 to November 1. After considerable discussion the consensus was that 5 8 hour days might be more appropriate. There would be the potential for a shorter work week and less coverage.

A concern was raised by Rocky over the total number of comp time hours that had built up between Jan. and now by all the highway employees. Steve seems to be allowing employees to take the comp time when they want to. Steve should have everyone take their comp time so as to have the coverage he needs to get work done. The town has the right to have the coverage. Duncan thinks the board should have this conversation with Steve. Eric doesn’t want to see the board get into micro managing and thinks Steve should be the one to set the time. Duncan stated that they had voted to let the employees accrue more than the Personnel policy allowed, so they could get through the winter crisis, but that perhaps that decision should be reversed after July 1st.

A letter from the Selectboard to the highway employees outlining the changes was reviewed by the Board and some suggestions made for changes.

Rocky made a motion to send the letter, seconded by Margo, unanimous in favor. Rocky then moved to modify the Board’s earlier vote on the 4 10 hour days to have a 40-hour week @ 5, 8-hour days which would take effect July 1, 2008. Brad seconded the motion. There were 3 yes, 2 no. The motion to accept the letter was passed. The letter will be changed accordingly

Priority Action Meeting Items:

1. Library donation. The library’s neighbors, the Foxes, have agreed to donate 10 feet of land, but do not want to pay any money to have the deed drawn up. A motion to authorize Dave Barra to draft the warranty deed was made by Margo, and seconded by Rocky. All members voted in favor and the motion was passed.

2. Request to cater malt & vinous beverages or spirituous liquors: at Dreaming Mountain for a wedding on June 21st from 2 to 11 pm. Catering by Bero from Burlington. Beer & wine to be served to 110 people. A motion to approve the request to cater malt and vinous beverages or spirituous liquors (beer and wine) for a wedding on June 21st from 2 to 11 p.m. was made by Howard, and seconded by Margo. All members voted in favor and the motion was passed.

3. Letter from Mike Morrow LRSWD: Use of Composting Facility owned by the Village. The 31-year lease was reviewed. Any changes would require written permission from the Board. The Board wanted to explore getting some revenue from the Solid Waste District before consenting to the change in use.

4. Planning Commission Report on the Talc Mill property. No action taken at this meeting.

5. Map of the railroad with potential sites for “trailhead” access points on it. VAST has asked for Selectboard review and comment as well as any concerns the town might have over the management of the rail trail in Johnson. Members were going to come in and look at the map and provide comments to Lea. Eric has done so already.

6. Letter from a Lance Lamb asking to “throw up” a .4 mile section of Class IV road off Prospect Rock Rd (TH 41). Since we are in the middle of our Ancient Roads surveying and are generally seeking to retain our Class IV roads, this request doesn’t make much sense. Eric indicated no interest.

7. 5/20/08 letter to AOT: Speed limit reduction request for a point beyond Nadeau. They said they are going to do another traffic study and report to the Traffic Committee. If we disagree with results, we can appeal to the Committee.

8. 2009 Municipal Park and ride grant program. This grant might be an opportunity to make a parking area on town/village owned property along the rail trail, and is something we should look into.

9. 5/23/08 letter from Powers & Byers LLP: Buttolph subdivision re road maintenance work that was performed on the TH 44. Willie Jewett wrote a letter to the Act 250 Commission stating that the work that was done to TH #44 was all work that should have been done as normal maintenance to the highway. Duncan will resend the original letter signed by the Board to Willie and tell him that this was the official stand of the town, and that this will remain the town’s official position.

10. Lois Frey has a person interested in getting on Conservation Commission. Chad Jones is the person. Eric wrote Lois back and suggested he write a letter of interest and or attend a SB meeting. This will be brought up at the next SB meeting.

11. Listers: A grievance notice was received from the Studio Center in that the Board of Directors wants most of the buildings to be put on a tax exempt status. The question was asked whether the Studio Center would make voluntary contributions to the town. The offer was that they would pay the municipal tax portion – the school tax was not impacted. It was decided that the SB would have Dave Barra look this over. The Trustees and the Selectboard may want to get together on this issue.

Other Business:

Yvonne Martin has agreed to sign on as a lister. A motion was made by Brad to accept Yvonne Martin as a lister for the Town of Johnson, which was seconded by Margo. All members voted in favor and the motion was passed.

Jim Black was sitting in for his son, George Black, who was in Boston.

Lois sent an email re the Gomo property and working with VASA– she wants the SB to take a walk on the property. There has been a lot of damage to the property and the ATVs are beginning to make their own roads and trails away from where they are supposed to be. It would take 90 minutes at the most for a tour of the property and she would love Board members to come.

Rocky said there have been problems with the skate park.

Minutes of the May 19, 2008 meeting will be held until the next meeting, which will be Monday, July 7, 2008.

Howard made a motion to recess until July 7, 2008, which was seconded by Rocky. All members voted in favor and the motion was passed.

Meeting adjourned at 10:00 p.m.

Respectfully submitted by
Susan Y. McGovern

Respectfully Submitted by: JFlores

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