Town of Johnson
Select board Meeting
Monday May 17, 2010
Upstairs, Johnson Municipal Building
UNAPPROVED
Select board members present: Eric Osgood - Chair, Margo Warden, Doug Molde, Howard Romero, Franklin Hooper.
Others present: Rosemary Audibert; Duncan Hastings, Steve Smith; Road Foreman, Jessica Flores; Selectboard Secretary, Jim Tomlinson Jr; Green Mtn. Access TV, Lois Frey, Linda Jones, Kurt Hermann, Travis Spaulding, Rick Auperlee.
Eric called the meeting to order at 7:00 p.m.
Approval of select board minutes from April 19th and April 28th work session. Doug stated that Bob Selby was present at the last April 19th meeting but is not listed as others present.
Doug moved to approve the April 19th minutes with Bob Selby added. Margo seconded. Motion approved.
Treasurer’s Report:
Rosemary handed out a budget status report and a delinquent tax report to each board member. Rosemary stated that we’re at 85% of the budget and we only have 6 more weeks in the fiscal year. The Town’s budget is right on track. As of Friday, we’ve received 94.84% of taxes. This is better than last year at this point. David Polow is scheduling another tax sale for July 29th. The Thomas & Armstrong properties will go up for tax sale. Rosemary handed out a letter of complaint from Theresa Rathburn. She came to pay her taxes via the drop box on Sunday, May 9th and could not gain access to the box due to the construction outside the building. She had to mail it in and as a result, her payment was received by the Town on Tuesday, May 11th. Which made it one day late and added interest and a penalty. The tax deadline was Monday, May 10th at 4:00pm. Her letter asked the board to waive the interest and penalty due to this situation that was beyond her control. Eric stated that the precedence the Town sets is that any payment received after 4:00 on the due date is considered late. Howard and Margo pointed out that the box is a service that some rely on, and it was not available due to the construction.
Howard moved to waive the interest and penalty charges for Theresa Rathburn. Doug seconded. Doug, Franklin, Margo, & Howard voted in favor. Eric voted against. Motion approved.
Rosemary is looking at purchasing a color/black & white copier for the office. It’s actually cheaper than having both the black & white copier and the color inkjet printer. Color copies will be sold to customers if they’d like them. Rosemary and Jan will be attending the annual Clerks & Treasurer’s training at St. Mike’s.
Steve Smith’s Road Foreman’s Report:
Since last meeting there have been 3.2 inches of rain and 14 inches of snow. We also had two inches of snow on Mother’s Day. The Town of Tinmouth was high bidder on out grader and will take it when our new one arrives in late June. All plow equipment has been painted and Ray is working on the last truck now. Chris is working in the pit with the loader getting ready for G.W. Tatro to come in and do some more stripping for us. The highway department has been hauling gravel and the grader is running every day, weather permitting. Steve will order chloride as soon as the roads are ready later this week.
Doug mentioned that there have been several complaints about Codding Hollow Rd. Ray Earle, who has been logging up there has destroyed the road. The County forester has sited several violations for his unsafe and irresponsible logging practices. Steve stated that Ray Earle has been pulling the logs across the road which is ruining the ditches and the road itself. The ditches are now full of sediment and water quality is an issue. Margo said his equipment is right in the road which makes it impassable. Steve stated that Ray Earle also took two logging culverts from the Town garage site without asking for permission. Steve has talked to him about both situations and gave Ray until Friday to pay for the two culverts. Steve asked the board for further direction. Different options for dealing with this issue were discussed in length. Duncan suggested hay bale check dams and erosion fences to start. The Board agreed that the Best Forest Management Practices should be upheld.
Howard moved to authorize Duncan and Steve to assess the situation and write a firm letter to Ray Earle accordingly and carbon copy the State Forestry Department as well. Doug seconded. Unanimous in favor. Motion approved.
Doug also added that he had two calls into Water Quality about this situation.
Rose Warner asked the Board to authorize Eric to sign a letter to Property Valuation & Review requesting a 30 day extension for their statistical update. The Board agreed and Eric will sign.
Administrator’s report:
Action item #1- Grader financing options: Duncan handed out financing scenarios based on the net cost of the new grader. The Board discussed several different options.
Howard moved to accept scenario number three. Margo seconded. Unanimous in favor. Motion approved.
Action item #2- Duncan asked the board if they wanted to set up a work session meeting to discuss the Class IV road policy. Doug asked how long it will take Duncan to come up with the prep work for this work session. Rocky stated that if the Town had a decent class IV road policy in place we wouldn’t be in the mess up in Codding Hollow. The Board agreed to have a work session on June 14th at 7:00pm. Duncan will prepare the statute, existing policy, model policy, and other Municipal examples.
Action item #3- Vermont Reggae Fest noise waiver request. The request is for Friday August 13th from 7 pm to 11pm & Saturday August 14th from 8am to 12am. VRF has supplied the Board with their security and safety plan. Doug mentioned the bass noise will be quite loud. Doug asked if they were offering the Town money for this event. Duncan replied that VRF will provide a level of funding for one of our community development projects. Doug stated the Board should keep its involvement to just the waiver.
Howard moved to approve the noise waiver request for Vermont Reggae Fest for August 13th & 14th contingent upon their following the written security and safety plan. Rocky seconded. Eric, Margo, Howard, & Rocky voted in favor. Doug abstained. Motion approved.
#3) David Butler easement- Duncan relayed to the Board that Karen Thomas- McQuilken has issues with signing the easement. Duncan stated that the Board has a right to decided to end the Class 3 road at Butler’s property to omit Karen Thomas-McQuilken from the easement entirely. Doug mentioned that it would be beneficial to have her sign the easement.
Doug moved to give Karen Thomas-McQuilken two options, she can sign the easement as is, or the Town will amend the easement to reflect the Class 3 road through her property until David Butler’s property eliminating her involvement entirely, also giving Eric authorization to sign the easement after it’s complete. Howard seconded. Unanimous in favor. Motion approved.
Members of the Public:
Kurt Hermann regarding his neighbor dumping solid waste on his property which will eventually encroach on to Kurt’s adjoining property. His neighbor is dumping tires, tar paper, steel drums, and other trash. Kurt showed the Board pictures of the illegal dump as did Linda Jones who has a similar issue. Kurt Hermann asked the Board to consider an illegal dumping ordinance like that of Morristown. This issue will be added to the June 14th work session meeting agenda.
Travis Spaulding regarding the use of “jake brakes” on Route 100C. Travis voiced his concerns over the large amount of tractor trailers that use Route 100C and the noise that ensues because of air brakes. He asked if the Town could do anything about this. Howard agrees with the noise problem but Route 100C is a state highway. Margo asked if there were any other towns that use signs to notify truckers not to use the “jake brakes.” Rick Auperlee mentioned that the Town of Cabot, which experiences a high volume of large trucks, does have a “no jake brake” law. Duncan will follow up with VLCT on this.
Rick Auperlee regarding a community garden at the Skate Park property. Rick asked the Town to provide a green space for a community garden down Wescom Road. He’s been down to the area and it looks like there could be a 20X80 foot garden there.
Margo moved to provide the space by the Skatepark for a Community Garden. Howard Seconded.
Duncan mentioned the facility use policy in place. Individuals could sign the agreement then use the garden in order to protect the Town.
Margo amended her original motion to provide the space by the Skatepark for a community garden and each participant will sign a facility use agreement. Howard amended his second. Unanimous in favor. Motion approved.
Action item #5- Fairpoint petition to place poles and wires on Ben Ober and Mackey Rd. Steve Smith has looked at the plans and would like them moved back 3’ from their original plans.
Howard moved to approve the petition with the 3’ condition. Rocky seconded. Unanimous in favor. Motion approved.
Action item #6- Security systems for the Town properties. Doug Cheney from Cheney Security and Alarm has put together estimates for the Village & Town shared properties. Eric had asked Duncan to look into this as there have been a rash of break ins at Municipal properties statewide. The installation would cost $802, then $15 a month for Lamoille County Sheriff’s Department. The Municipal Office’s security is through Home Security, but it costs $20 a month. Duncan suggested just using one security provider as all Home Security does is call LCSD anyway.
Margo moved to add security, heat, and smoke sensors to the Highway garage & the Cold Storage Building.
Doug made a motion to tell the Trustees that the Town is willing to alarm the buildings and pay half the costs provided they will also as they are jointly owned buildings between the Town & Village.
Margo retracted her motion.
Eric seconded Doug’s motion. Unanimous in favor. Motion approved.
Action item #7- Noise waiver request from Tuesday Night Live. The dates for this year are July 6 through August 31st.
Margo moved to approve the noise waiver request for Tuesday Night Live. Howard seconded. Unanimous in favor. Motion approved.
Action item #8- Rural Business Enterprising Grant. Duncan asked for authorization for both he and Eric to sign the grant documents for the $32,489 grant for the feasibility studies on the Jewett property.
Margo moved to authorize Duncan or Eric to sign the RBEG documents. Doug seconded. Unanimous. Motion approved.
Action item #9- Mark Woodward has resigned from the Historical Society. Liunda Jones has recommended Jane Marshall for the spot.
Howard moved to accept Mark’s resignation. Doug seconded. Unanimous. Motion approved. Howard moved to appoint Jane Marshall to the Historical Society. Margo seconded. Unanimous. Motion approved.
Action item #10- Nominations for the VLCT Legislative Policy Committee.
Howard moved to appoint Duncan to the committee. Margo seconded. Unanimous. Motion approved.
Action item #11- Stephen Wright has moved to Underhill and has resigned from the Conservation Committee.
Margo moved to accept Stephen’s resignation and send him a thank you letter. Rocky seconded. Unanimous in favor. Motion approved.
Action item #12- The Talc Mill owners, BASF, have decided to auction off their property. There’s an 80 acre parcel and a 340 acre parcel. They notified the Town in case we were interested in purchasing it. Doug mentioned asking the State if they might be interested. Duncan will ask lea to contact the State.
Action item #13- 2011 Transportation enhancement grant applications. Duncan asked if the board had any ideas for projects. Doug mentioned sidewalks up Clay Hill to the College.
Action item #14- A nomination for the Jim Marvin Award for excellence in project & design and community service. A nomination has been sent in.
Duncan gave the Board an update on the Pearl Street bridge. There about 74% complete. The contractor has been a pleasure to work with and Ron Bushnell from S.D. Ireland has been great too. The contractor asked to close the road for just one day when they are ready to pave. The Board agreed that one day was okay. Howard mentioned a party to celebrate the new bridge. Margo and Howard will wear their party planning hats.
Action item #17- Lamoille Economic Development Corp’s new director, John Mandeville, was contacted by a consortium who would like to build two co-gen plants in Lamoille county. Both the Talc Mill property and the Talc Mine property were mentioned. The co-gen plant needs to have a water source of 400 gallons a minute. The Talc Mill has a well that supplies 500 gallons a minute.
Action item #19- Municipal Building issues. Duncan has met with Steve Pitkin, a consultant. Duncan, Steve Pitkin, and DEW will meet on Friday to assess the situation.
Action item #21- Travis Stearns, a local Boy Scout has earned Eagle Scout. A service award ceremony will be held at LUHS on June 6th at 1:00pm. Eric will write up a proclamation.
Action item #21- LCPC has gone over Duncan’s comments on the zoning documents. He asked the Board if they’d like to see them. Doug, Howard, and Margo would like to see them.
Margo mentioned the truckloads of dirt that are being removed from the old co-op building’s property on School St. She was concerned that it might be contaminated. Doug stated that the appropriate state regulatory committee is overseeing it. Doug mentioned having the Conservation Committee contact the Gihon River Corridor Committee. Doug mentioned expanding the Village to encapsulate the new Industrial Park to qualify it as a Designated Growth Center. This way it would not be subject to all the Act 250 permits associated with a project of this caliber.
The meeting adjourned at 9:30 p.m.
Respectfully submitted by,
Jessica D. Flores