Oct 20

10/20/2008

Town of Johnson
Selectboard Meeting
Monday, October 20, 2008- 7:00PM
Upstairs, Johnson Municipal Building

APPROVED

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

Others present: Duncan Hastings- Administrator, Rosemary Audibert- Town Clerk, Steve Smith-Road Foreman, Chris Parker, Mike Morrow, Jessica Flores.

Eric called the meeting to order at 7:03pm.

No new minutes to approve.

Treasurer’s Report:

§ Rosemary handed out the budget status report. She stated the Town may be short on recording fees as house sales are down. Fewer mortgages are being recorded. Revenues will be down. On the expense side though, we’ll have less recording books to buy so it should wash. The town received pilot funds in the amount of $177,000. That’s the amount we expected. Current use money will be coming in November. It’s about $30,000-40,000.
§ The budget looks good. Overall we’re at 20% of spending and 1/3 of the year has passed. We do have a couple big bills coming up.
§ The new server is up and running. Larry Jensen ran into a couple problems during installation. The anti-virus was incompatible so we’re running version 2003R. The Emergency use laptop isn’t working. Rosemary requested purchase of a new one. The board approved purchase coming from emergency management fund.
§ Anne Mullings will attend a delinquent tax meeting on Wednesday.
§ There is mandatory voting tabulator training on Thursday at 7:00pm. Rosemary has processed about 150 absentee ballots thus far. We’re on par from last year. Last year we had about 245.
§ Gene Beasaw’s office is continuing the outside audit. This will take a couple months to complete.

Foreman’s report:

§ Since last meeting there has been 2.5 inches of rain. Gorman brothers finished paving Wescom Road and Plot road on October 6th. Work began on the covered bridge on School Street on October 7. The new wing wall has been formed and poured. Steve has been in touch with Pete Dodge daily and we assist in any way we can. On October 9th we replaced 3 culverts on the class 4 section of Sinclair road. On October 15th 225 yards of gravel was applied and graded on this same section of the road, The work was done by Hayden Morin and sons Excavating. This was a result of the 3 highway improvement permits.

§ We’ve started to have problems with our air compressor in the garage and should look into replacing it within the next couple years. The price of a new one is around $1800.

§ I have a price from an overhead door company to enlarge our small side door so we can park our salt truck in the bay. The reason being is that when the new tandem arrives it is going to take up four more feet than the single axle truck that we had. The price for the door and hardware is $1570. This does not include some minor carpentry work to enlarge to opening, which will be around $1000. Rosemary and Duncan told me there was some money in the building fund that could cover this. If we can do this it would eliminate having to move one truck in order to get the salt truck out.
Eric: Action to approve town garage door work. Rocky made a motion to get the garage done before winter. Brad seconded the motion. All voted in favor and the motion passed.

Brad asked Steve when the bridge would re-open. Steve said probably by the first of next week.

Duncan pointed out that there are two bills from Gorman Bros. Paving. One for Wescom Road and one for Plot Road. Duncan said that the paving came under the estimate of $75,900. And that’s it’s very rare to come in so close to the budgeted amount, we were pretty lucky. Duncan said that Wescom Road came out very well Gorham Brothers had a great crew. They also did a fog seal on both jobs at no extra cost to the Town.
Steve mentioned that Mark Woodward would like Duncan and Steve to check if his road could be upgraded to a class III. Steve said he’d have to have a bigger turnaround up top. Duncan was concerned about the gravel base and maybe we should do a couple test pits to determine depth. Mark would like to figure out how much it would cost and see if he can do it himself. Two trucks ready for winter. No salt ordered yet, we still have 2 piles from last year. Steve said, as requested, he’s going to cut back on the sand this year. Brad brought up that they’re calling for snow in high elevations tonight.

Eric stated that Rich Westman is working with Bernie Sanders regarding the cost of Federal Highway standards on local projects such as the Hogback project. Maybe we’ll see some positive outcome. Perhaps the Federal and State government will ease up the restrictions in the future.

Duncan announced that Blaine Delisie has formally resigned as road commissioner. Do you want to replace him? Steve and Duncan have discussed reclassification of Mine road from a II to a III and then Gould Hill Road from a III to a II. This would get some highway money for Gould Hill Road. It doesn’t make sense to have Mine Road as a class II. Perhaps part of Mine Road would be considered an ancient road? The state must approve reclassification. We’d lose 3/10 of a mile of funding but would make it up with the class II grant money for Gould Hill. A lot of work needs to be done to Gould Hill Rd. where drainage is a huge problem. Rocky doesn’t have a problem with the reclassification. Mine Road was a class II only because of the old mine, which doesn’t apply anymore. Duncan has floated the idea to the state. It would mean access to bridge, culvert, & paving grant money for Gould Hill Road.

Margo asked how one goes about appointing a road commissioner. Eric answered that first we have to accept Blaine’s resignation and then get someone to volunteer or appoint someone.

Eric asked if there are any selectboard issues or concerns. No issues or concerns.

Administrator’s Report:

· Margo brought up the stop sign ordinance. Duncan has not had the time to work on this.
· Old Cemetery. Howard asked if there’s anyway we can take it off old business and just have an update every six months. Duncan said yes, and we’ll wait to hear from Dave and add it back on the agenda if needed.
· Keep the road policy on the future agenda.
· Register Alarm Systems. If Wolcott pulls out of the project should the two remaining towns pursue? The Board agreed that we should.
· Duncan couldn’t find a citizens guide to zoning pamphlet. He did find a list of pros & cons that the county of Denton, Arkansas uses for its residents. The date of the zoning meeting is October 29th at 7:00pm.
· Library warranty deferred till January.
· Duncan gave the board a copy of the letter from Mike Morrow of LRSWMD. Mike is coming in tonight.

Eric wants to go back to #6 on the administrator’s report. Eric asked if there’s been any feedback from the citizens about zoning. Margo said that a woman told her the town needs zoning. The woman didn’t know that we’ll be voting on the issue this election or that there is a meeting on it on the 29th. Duncan has been contacted by landowners about how zoning regulations would affect them if zoning regulations were in place. Duncan has called VLCT. Zoning won’t go into affect until 120 days after it’s decided. The 120 days allows for the Town to hire a zoning administrator and zoning board. Rocky stated that if zoning is passed then everyone would post land and not allow the snowmobilers or ATV people to cross their land. He says we should prepare for that.

Margo asked what the upside would be to having the LRSWMD storing recycling materials in our compost facility. Perhaps there should be some sort of monetary compensation. Brad went into the history of LRSWMD. They used to pay us $400 a year but then said they weren’t making enough money to afford that because they were losing money. Back then the selectboard agreed to forgo the yearly payment. The Town used to plow & sand the road, now LRSWMD plows & sand the roads. The dump now handles the stump dump and the concrete dump as well. Eric agrees that because of this the town should receive some form of compensation. Would they like to buy it?

Duncan stated that Chris Parker has initiated a conversation with Danielle Dolisie and Ernie Borselind. It was a good discussion and Chris was very pleased with their reaction. However the issues are still there. Chris, Danielle, and Ernie will be in later to discuss.

· Talc Mill property. Lea submitted an Act 200 grant application for this and surveying services are part of that.
· VSC tax appeal. There is a meeting set for the 23rd. Eric asked if the board could be sent an e-mail after the meeting with an update.
· A Better Back road grant was applied for Gould Hill Road.
· I submitted a grant application for the salt shed.
· Dick Lemay visited Chuck Hess’ property where the Emergency Health Order was served. Chuck is dismantling the unoccupied trailer.
Howard moved to accept Blaine’s resignation. Eric suggested a letter of appreciation be sent. Margo seconded. All voted in favor. The motion passed.

Duncan stated this was not a position that had to be filled. We have a road foreman who does the job. Eric said it was a required position under statute. Duncan said a lot of towns did not fill all their positions. Eric stated that he found value in having a board member as the road commissioner because the person is an advocate for the highway department. There is a voice at town meeting or out in the public advocating for the highway department. Rocky stated he might be interested in being road commissioner. It’d take a lot of time to do it and do it right. Steve’s doing a good job. Eric said again it’d be great for a board member to be the road commissioner especially at town meeting where there are a lot of questions about the roads.
Margo made a motion to appoint Rocky Hooper Road Commissioner. Howard Seconded the motion. All voted in favor. The motion passed.

· Duncan stated there’s a resolution from VLCT. The governor is proposing a $3 million budget cut, which would have a great affect on municipal highways. $1.5 million from town highway state aid. $700,000. Out of Class 3 paving. $339,000 from highway structure state aid. $1.1 million from central garage equipment fund. The overall loss from direct state revenue for Johnson would be $7800. So we’d cut services to address this loss. The Town will send the resolution to the state to respectfully request that the State not cut funding for the Chairman to sign. Brad suggested that Floyd and Susan sign it as well. Eric asked if the board wants to adopt the resolution.
Howard made a motion to approve and send the resolution. Brad seconded. All voted in favor. The motion passed.

· Duncan asked if the board would like to renew the VLCT insurance. The board’s decision was to renew.
· Gail Longeley will be the Green Up day Coordinator for next spring.

8:00 p.m. Mike Morrow from LRSWMD appeared before the Board.

Mike asked what impressions the board has on the transfer station. Brad said that it’s well used and it’s clean. Mike mentioned the vandalizing issues about two weeks ago. They installed two new cash registers and there was a break in. A small fire was started in one of the trailers. Mike would like to close off the access from Wilson Road. 4 wheelers are a big problem as well. Mike handed out a map of the lot. It’s approximately 30 acres. Along the road of the Spears property, they’ve put up a barbwire fence to keep vandals out. Mike wants to post no trespassing signs and extend the barbwire fence to limit the destruction. Brad stated that the barbwire fence should be marked. Mike said he’d mark the fence with pink or orange tape. Mike said he’d need about 350 feet of fencing. The board has no problem with the fence or signs they all agreed it was a good idea. Mike wants to know if we can share the costs? Eric said that they would get to negotiate financials later. Margo asked if the sheriff was notified of the vandalism. The Sheriff’s office was notified of the vandals, but only one teenager was actually seen and reported.

Mike said the next item is LRSWMD just purchased 2 compactors from Chittenden Solid Waste District. They’re 6’X 10’ units. Mike requests the right to make an expansion on the existing slab. With the compacters we’d be making 3 containers into 1 and cutting back on trucking fees. The extension would run 15’ X 90’ Eric asked Duncan if the board should make a formal vote for these changes. Duncan suggested because there is a change to the original structure and operation of the facility, a formal vote would be in order. Duncan said that if the request is approved we should change the lease agreement to reflect the changes. Mike said that there was no lease agreement and hasn’t been one for the ten years he’s worked for LRSWMD. Brad said he doesn’t remember signing anything years ago, that it was a verbal agreement. Duncan said that’s preposterous, there should be a lease agreement in effect between LRSWMD and the Town with a hold harmless clause to protect the town. Rocky agreed that if there isn’t an agreement there should be one. Mike said he’d heard that the Town would like to get paid for the use of the facility. Eric said it wouldn’t hurt our feelings.

Rocky mentioned that the no trespassing signs, in order to be legal, have to be so many feet apart. They should be along the entire length of the property. Mike said he’d make sure it’s done right. Rocky said he doesn’t want the town of Johnson liable if anyone should get hurt.

Mike handed out a copy of LRSWMD’s financials. Mike explained that they operate six transfer stations. They collected 4,460 tons of trash last year. Johnson collected 829 tons of trash. Eric observed that we’re the second largest station. Duncan asked why the building material and stump dump were not listed on the financial report. Mike said they hadn’t received more than $6000 for that material since they’d been in business. Duncan remarked that this is the only station in the district that could take stumps and building materials. If this were not in operation, where would people go? The Johnson station is the only stump dump in the district. Eric then asked about the concrete that’s dumped there. Eric asked if Johnson was the only one in the district who takes concrete as well? Mike verified that yes; we’re the only one that has a permit to receive concrete. Mike went over the financial report and stated that LRSWMD lost over fifty thousand dollars last year at the Johnson station. Eric said it looks like they lose at every station. Duncan asked how LRSWMD could run a $160,000 deficit every year. Mike stated that they have another stream of income from a surcharge on trash, and curbside service generates about a quarter of the revenue. Howard asked if there was a figure on the report that clarifies the other stream of income. Mike said no, it’s not on the report. Howard said that 25% of revenue is a pretty important part to leave out. Mike asked if the town were to charge a fee, where would this money come from. Eric asked if all the towns provided space for free. Mike said they bring in the equipment and labor and the use of land is free. Jessica posed with the installation of the new equipment to cut down on trucking fees; just how much money will be saved. Mike answered that the trucking fees were $20,000 last year and would be cut by 1/3. Rocky asked who would pay for the hazardous waste that’s dumped there. Rocky said it was his understanding that concrete and asphalt are hazardous waste. Mike said it’s not if it’s not painted. Mike said there is no environmental disadvantage to having the station there. Duncan asked why Johnson should continue to subsidize the other towns. Why should the town allow an expansion of services offered. Presumably there are other people besides Johnson residents that use this transfer station. Mike said it’s true for Stowe; it’s true for Morrisville. Howard mentioned that we have to pay the cost that he’s reminded of every spring. It’s our class III road. It’s the worst road we have because of the traffic we get. The road to the dump is heavily trafficked and requires a lot of expensive maintenance. Mike said just say the word and he’ll be glad to close it down. Howard stated that he’s not suggesting he should. Eric asked why doesn’t LRSWMD just buy the land. Mike said we don’t want to own property because things may change in ten years and we want to preserve our capital. Howard asked what they wanted to do at the compost facility. Mike said he needs a place to store recyclables. Howard pointed out that if all the sorting were there then we’d be sorting the recycling for the entire district. Mike countered that Donnie brings up 2 loads of sludge a day. Howard said that wasn’t comparable having one guy in a pick up truck bring up two loads of sludge a day. It doesn’t compare in any way trucks hauling full containers going in and out all day. Eric stated that Johnson is doing it’s share, plus. Mike asked if LRSWMD weren’t there what would Johnson do. Eric said that we’re taking on for the district the tire dump, we’re taking on for the district the stump dump, we’re taking on for the district the cement and bricks and mortar so I think Johnson’s is doing a little bit more than its share of what the other communities are allowing on their property. Mike agreed that this was the case. Howard stated that we all live in mortal terror of the tire pile catching on fire. Mike says the district has a permit to hold 6,000 tires and they never have more than 3,000 tires on premises. If it were to catch on fire the fire would be small and under control. Eric asked if we decide to shut down the Johnson site how would you distribute all the things done in Johnson. Where would LRSWMD go. Mike said Morrisville. Eric asked if Morrisville has the space for that. What about the tires and cement. Mike said he’d have to find a facility for all that. Eric said that there is something that Johnson is providing that the others don’t. We’re providing something for the benefit of our citizens, which is good for our citizens, but it’s also going way beyond our citizens. Should we not be compensated in some way for that? Mike asked for the wear and tear on the roads? Eric said for the wear and tear, for the services that the district wouldn’t have. Mike asked for a figure. Margo and Eric said they hadn’t discussed it.
Brad mentioned that years ago LRSWMD paid $400 a year but then they couldn’t afford it anymore. Back then the town plowed the roads. Duncan said that it was insane not to have a lease agreement with the solid waste district. We need to rectify this. If you’re going to continue to be there then we need to have this agreement. For insurance purposes, there should be a hold harmless clause. Mike stated that they have the same insurance company because they’re considered a municipality. Eric said when we leave here today, if we don’t have an agreement, then we’ll draw one up with the modifications that you’re proposing and the insurance issues. Mike’s concern is the frost is coming and he needs to get concrete in. Margo asked what our time frame is. Duncan said that he was under the impression there was an agreement. Again, I’m going to caution you that we should have an agreement. If you were to shut them down today, what would the district do? How do they to respond to that? Conversely, if they were to pull out, how are we supposed to know what they were supposed to take, what should be left? Eric said that we should have an agreement sent over tomorrow. We have to meet on zoning on the 29th, we could finish this up after that meeting. Duncan suggests adjourning this meeting and following up on the 29th. Mike will send the draft of the lease agreement via e-mail to Duncan.

Chris Parker:

Chris had a productive meeting with Danielle and Ernie regarding the quality of living issues. They were very responsive to the letter from Duncan and I thank him for sending it. I’m comfortable that they’ll head in the right direction. I say this with a note of caution; I hope we can all watch this situation. I’m surprised they didn’t show up tonight. Danielle had said she would come. I would like to state that it is a business with built in liabilities. They certainly don’t want to end up like Bonz. It’s great that they’re operating a successful business; it was not my intention to impede that. I just want to ensure the environment is in harmony with the quality of life. I’m pleased with the content of the discussion. I was hoping she would give me a call to continue the conversation. But as it happened I initiated the conversation. Chris will move forward with the quality of life committee.

Administrator’s Report:

· We’ve received an Order to Reappraise from the State. As well as a proposal from VT appraisal company who assisted us last time. I’ve asked Rose and Yvonne to read the proposal. We could appeal the order to reappraise, which I don’t think would do us a lot of good or acknowledge receipt of it and advise them we are evaluating our options. If we do this we’ll provide them a proposal within 60 days. Brad suggested we send the acknowledgement.
· There is a VSC tax appeal meeting on October 23rd with Dave Barra, the Studio Center attorneys, and Duncan in attendance.
· Request for a donation to the Volunteer center for Central Vermont. Brad asked if it was the same amount as last year. Duncan didn’t know just by looking at the figure.
· Does anyone want to attend the VLCT Health Fund Board Meeting? Eric asked if Duncan was going and he said he might. The health and dental insurance rates for next year will be decided then.
· Duncan stated that he has a meeting with a surgeon on November 6th for hip replacement surgery.
· Lamoille Economic Development Annual Meeting on the 23rd. Anyone want to go?
· We’ve received an estimate from Carroll Peters for the Talc Mill property.
· I received a petition for the abandonment of the ACT 250 permit for the Buttolph property.

The meeting was adjourned at 2100.

Respectfully submitted,

Jessica D. Flores

Tags: