Members Present: Eric Osgood, Blaine Delisle, Franklin Hooper, Selectmen; Steve Smith, Road Foreman; Duncan Hastings, Administrator; Fred Peet, Pike Industries, Jan Kuhn, Ellis O'Hear, Robert Herold, Ben Hogwood, News & Citizen; Rosemary Audibert, Clerk.

Eric called meeting to order at 7:00 p.m.

Board viewed and signed orders.

Board reviewed meeting minutes from July 21, 2003 and Board of Abatement minutes from July 28, 2003. Rocky moved to approved as submitted, Blaine seconded, so voted.

Steve stated that had 6.3 inches of rain since the last meeting. Did not have any washouts.

Steve stated that the Fox lot is completed, replaced 3 culverts, put in a cement header on the bottom culvert and also put on new gravel on the road.

Steve stated that replacing a culvert on the West Settlement Road, have to cut some trees and do some ditching.

Steve that would like to pave the following roads, French Hill, Katy Win Rd, Ober Hill, Whitcomb Island, Sinclair Road, Clark Ave, and Johnson Skate Park. Have completed the prep work.

Steve stated have a problem with mowing the skate park. There is trash all over the place. Broke a wing on the mower. Steve asked if the skate park should pay for this. Mary Jean asked Casey to pick up the trash, but it rained so the trash was not picked up. Board asked Duncan to send a letter to Casey stating that the Town is no longing mowing the skate park until the trash is pick up.

Steve stated that Allen Perkins would like to hold a hunter safety class in the sand pit on Friday night so that the students can shot a 22. There will be one supervisor per 3 students. Board gave approval.

Eric stated that Brad Reed apparently has had a heart attach. The Town wishes him well and a speeded recovery. Rocky moved to send flowers, Blaine seconded, so voted.

Duncan that that received funding for two dry hydrants. Have approval for one and working on the other one. Working on getting donations for labor and equipment. Locations are on Maple Hill and Route 100C.

Paving Bids - only received one bid from Pike Industries in the amount of $43.17 per ton for a total price of $36,305.97. Completion date is by September 26, 2003. Blaine moved to accept bid from Pike Industries, Rocky seconded, so voted.

Jan Kuhn here regarding Ellis O'Hear started a frame stretching business 4 or 5 years ago and the property deed states that the property can only be used for residential proposes. Ellis came to an agreement with Walter Lumbra to drop the lawsuit, to only have a certain amount of vehicles at one time and build a fence. Now cars are being parked on the Parker & Stearns property. Jan had pictures from last winter and in July of this year and there are at least nine vehicles and it keeps piling up. Jan is sick of seeing the old junk cars and this is a junkyard. Jan went to the Town Clerk's office to pick up the State Statues regarding junkyards, which stated that outside storage of four unregistered vehicles that can be seen from a highway is considered a junkyard. Jan has spoken to Ellis about this and he did not want to talk to her about it. Jan stated that would go and complain about it when they come and do the assessment of the property that there is no view. Jan stated that she called the States Attorney and this is a Selectboard jurisdiction. Jan stated that she is not trying to ruin his lively hood. There is a trailer there with junk on it. Jan is concerned about oil and gas getting into the river. Clan Parker has given Ellis permission to use the land.

Ellis stated that do have a lot of vehicles there now, they do move in and out. The trailer is registered and some of the cars are also registered. Have a pick up that is being worked on. Has been busy working on the house for the last two years. Will try to keep less than 5 cars at one time. Do have some rebuilds that go back to Burlington and Colchester. Working on a van now that have had for over a year. Blaine stated that shouldn't bring in vehicles until you have the parts to fix the vehicle. Eric stated that the selectboard has no jurisdiction over the restriction in the property deeds. The Village and Town do not have any zoning. Assessment of property would go to the listers and then the Board of Civil Authority. The Town does not have a junkyard ordinance. Junkyard licenses are issued though the State. Selectmen don't have much jurisdiction on this.

Bob Herold stated that he is concerned about the speed on School Street. The posted limit is 20 mph. Blaine stated that can only post for 25 mph unless in a school zone. Traffic is bad between the hours of 6:00 am to 8 am. Cars are going 50 feet per second. People don't stop at the College Hill stop sign; Bob was almost hit by a car there. Traffic is also bad between 4:00 p.m. and 5:30 p.m. Eric asked Blaine about the enforcement issue, is this posted legal. Blaine stated that he doesn't think can post less than 25 mph. There is a sign by Hubert Beard for 20 mph and the other sign by Pearl Street. Duncan stated that there needs to be a sign at any intersection. Eric stated that the Town would check into the different options the town has.

Board read registration letter from auditor Janice Goodwin, effective August 19, 2003. Blaine moved to accept registration from Janice Goodwin, Rocky seconded, so voted. Duncan to write a thank you letter for service to the Town. To place an ad in the paper for an auditor.

Duncan stated that all landowners have a copy of the UVM report on the old cemetery. Have asked the town attorney to review the report. Have concerns about the conveyance of land, is there any residual rights on the land. People purchased the cemetery plots. Now it is up to the landowners as to what they what to do. To discuss at a work session meeting with the landowners and UVM. There is no evidence that the cemetery association was dissolved. Did the selectmen have the right to sell the property, all legal questions.

Duncan stated that still waiting for the office review report for the Vt. Clerks and Treasurers association.

Duncan stated that have contacted the attorney on the Hoag and Hatala health orders and the attorney was going to make one last effort to contact them. Duncan thought Bob had agreed to have the engineer design a system. Have heard nothing on Peter Hatala. Steve stated that Peter Hatala did not receive a driveway permit for the second driveway he put in.

Eric stated that to pull the Emergency Management Draft Ordinance as no other towns are doing it.

Duncan stated that have permission from Barry Cahoon and Chris Burnell to replace the Codding Hollow culvert. Have the hydraulic study.

Duncan stated that the request for the change in speed limit on Route 15 is in the planning commission hands.

Duncan stated that working on the grant for town highway emergency funds from last year's storms. Have been approved for $56,000.00 documented $33,000.00 and Steve is doing some additional work. The Fox lot work does qualify.

Duncan stated that have received another bid on the computer server, which was $2,000.00 higher. Working with VPPSA for ideas of other consultants. Would like to see a lower cost, need do something soon. Computer is backing up now.

Duncan stated that there is an addendum to the Sheriff's contract to include required statutory language regarding compensation. There is no change in the amount of the contract. Blaine stated that he not comfortable about making a decision on this. Board tabled until there is a full board.

Voting delegation form for the Vermont League of Cities and Towns Annual Meeting, Eric plans on attending the meeting. Would like to represent the Town of Johnson. Duncan is going to represent the Village of Johnson.

Rocky moved to accept the noise ordinance waiver form WLVB for a anniversary party at Lamoille County Field Days site, Blaine seconded, so voted.

Rocky moved to accept the right of way agreement with the Agency of Transportation for technical assistance with the executing rights of way for the Pearl Street Bridge project.

Received a thank you letter from Hyde Park for the work zone safety meeting held in Johnson. 29 people attended the meeting.

Duncan stated that have submitted a claim to the insurance co. regarding Dick Lemay truck. Dick went on a dog complaint near the Hyde Park line dogs were on property in Johnson, asked where the person lived and drove there and three dogs came out and jumped on the truck and the property was in Hyde Park. VLCT stated that personal vehicles are not covered have asked for a written decision. Truck is only a year or two old. Board to wait until have a letter from VLCT as to what they will do.

Duncan stated that have received certification for training for Highway Employees for safety training from VLCT.

Eric stated that the board last month decided that the mill house needs a lot of work done to it, more than what was budgeted and will have to budget more next year. One whole wall of clapboards needs to be replaced, windows should be replaced, and there the chimney was there is just pile wood. Two broken basement windows should be replaced. Should get contractor estimates for the budget next year.

Board would like letters sent to DJ's Grand Union and C.H. Stearns stating that they are doing a good job. Liquor Control reported that underage persons were not able to buy liquor.

Duncan stated that have received complaints about trash at the old Forget Me Not Store there are hundred's of bags there. Rocky stated that he went up Tuesday night to see Jim Tomlinson and they were to be pick up this weekend and as of today they have not been. Dick Lemay received a call and he went and saw two large rats in the bags. Duncan to draft a health order that will be sent certified mail.

Board reviewed that draft permit forms for on site septic permits. Duncan stated that could start using these forms now without any changes to the current sewer ordinance. Duncan received a copy of Hyde Park ordinance and it is not that different from yours. Duncan thinks the approach they use is very good and gets us off the hook from the liability issues associated with sewage officer inspections and certifications of installations. Rocky stated that this is a good idea that the contractor also has to sign; this should make them more careful about the installation of the system.

Board discussed amendments needed to the Sewer Ordinance because of changing laws and the Environmental Protection regulations. Key issues include the following.

Duncan stated that Mike Barry has submitted an Act 250 application. He has built an apartment into the former Elizabeth Young house on Route 15 where Laraway insurance is, also have built a new garage which maybe a office received no sewer permits. All may be hook into the existing system. Rocky to check into this.

Board also asked about what Tim Sterner is building by the Mormon Church looks like a garage. Tim lives in the camper on the property.

Eric stated that the Board was not comfortable with signing the contract with Clegg to give them exclusive burial rights at the Evergreen Cemetery.

Rocky moved to adjourn, Blaine seconded, so voted.

Meeting adjourned at 9:00 p.m.

Respectfully submitted by

Rosemary Audibert, Clerk