Members Present: Brad Reed, Eric Osgood, Blaine Delisle, Selectmen; Duncan Hastings, Administrator; P. Stephen Smith, Road Foreman; Jonas Vaillancourt, JSC Representative, Chris Duchaine Joe Salerno, Planning Commission; Franklin Manchester, Mike Morrow, LRSWMD, Rosemary Audibert, Clerk.

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

Board viewed and sign orders.

Brad moved to accept meeting minutes from August 18, 2003 and September 8, 2003, Blaine seconded, so voted.

Steve stated that have had 7/10 of one inch of rain since last meeting. Replaced culverts on French Hill, Grow Road, and Hoag Road. Place 2100 feet of fabric on Gould Hill, 200 feet of fabric on Ober Hill and 600 feet on Hoag Road. Paving is complete on French Hill, Katy Win Rd, Ober Hill, Whitcomb Island Road, Sinclair Road, Clark Ave, and Johnson Skate Park and all the shoulder work is done.

Steve stated that on September 5, 2003 meet with the first and second graders at the elementary school, took over one dump truck, loader and backhoe.

Steve stated that on September 10, 2003 went to a class at Clark's Truck Center presented by Allison Transmissions. Were able to drive a 10 wheeler and a single axle trucks with automatic transmission and like the trucks. Should look into this when the town buys it's next truck.

Steve stated that the recreation department place a chain link fence in the dumpster.

Steve stated that would like to see the mailboxes moved on Railroad Street on the right side. When you meet a vehicle when plowing and pull over you hit the mailboxes. Would like to see them moved about a foot. Brad stated that should check into what the postal regulations are. Board stated that to identify the worst ones, and then will send notices to the owners.

Steve stated that needed to get a state permit for the work that was done on the Whitcomb Island Road that was done in the State right of way. Steve stated that Duncan work with the State and received the permit. Steve stated that the paving costs should come just under $50,000.00.

Steve stated that would be moving the salt shed next week, to move up the hill. Steve stated that he spoke to Ken Phelps about using the gate, the gate is there but needs to be cleaned up and removed the brush around it. Blaine stated that there is a liability issue there with people coming and getting sand if something should happen to the sand pile when they are trying to get sand out. Blaine stated that should leave the sand pile where it is and let the State prove that they have not abandoned the railroad right of way. Eric stated that would like to wait until we know what the regulations are going to be for salt sheds. Duncan stated that this is a risk; he would be willing to ask the State if could stay there another couple of years. Blaine stated that the Flood of 1984 took the tracks out, so the railroad has not used them since. Steve stated that should be able to move the building without it breaking apart. Bobby Hill is going to move the building. Board agreed to move the building.

Duncan stated that have had an inquiry from a developer interested in the Buttolph property who asked the following question. Would the town "sell" them gravel for the re-construction/relocation of the town highway? Duncan stated that this is a sale to a private individual or company and regardless of the circumstances, violates the law because it interferes with the private section for profit business and would not be paying sales taxes on the materials. Board stated that he could buy the gravel from Nadeau or Kullmann.

Developer also asked would the town be willing to make an agreement with the developer so that he would not have to pave the development road in exchange for deed restrictions for each lot sold, individually and collectively, waiving their right to petition the town to accept the development road as a public highway. Duncan stated that in the absence of subdivision regulation or a road acceptance ordinance he is not comfortable that an agreement between the developer and the town could overrule a property owner right to petition the Selectboard to reclassify a road from private to Class III. Would have to have a waiver of right to petition language from an agreement included in any deeds issued for lots sold in the subdivision. Eric stated that the landowners could bring the road up to town specs and than petition the town to take over the road. Duncan stated that could deny petition only need to approve the petition if the selectboard finds that it is in the public good. Eric stated that this would have to be a legal contract with the developer and the Town. Board stated that would look at this if the developer buys the land and makes a proposal to the Town.

Duncan stated that Ed Buttloph called today about gravel placed on his property on Lendway Lane. Steve stated that re-did the turn around so that the trucks turned around in the field. Placed 6 or 7 loads of gravel went about 20 feet on Buttloph property. School buses do not go down that road; need to place for the plow truck to turn around. There is not much room there because of the railroad tracks. Steve stated that the gravel could be removed in a couple of hours. Duncan stated that he would call the State to see if can work something out in the railroad right of way. Steve stated that would have to redo the turn around on Hoag Road also.

Eric asked Mike Morrow from the LRSWMD what is going on at the transfer station. Mike stated that there expanding the tire yard area from 1,000 tires to 6,000 tires. Have graded the yard. Cut fill out of one of the banks to fill the area. Applied for a variance from the State in 2000 to fill with stumps in the drip, State to allow variance. Intent to make one area for cement waste and another area for wood, should take 20 years to fill. All the work is now done. Working towards getting power to the site. Have asked the State to expand the hours that the transfer station is open to full days on Tuesday, Friday and Saturday, waiting to hear if this is going to be approved.

Duncan stated that have meet with Town Attorney Dave Barra and a Title Attorney regarding the old cemetery. Town needs to figure out the legal issues first. Willing to work with the landowners and the Town. Dave to get back to the Town with a list of legal issues with recommendations by September 29, 2003. To contact the petitioners and the landowners that the town is working though the issues and will get back with them.

Duncan stated that have granted Robert Hoag preliminary approval for his sewer permit application by Louise Von Weise. Dave Bara is working on the Hatala proceedings.

Duncan stated that there is nothing new to report on the Development Road Policy, Codding Hollow Culvert replacement and the Petition for Speed Limit change along Rte 15 West. The consultant is working on the capital budget plan for the Act 200 grant. Have calculated the total expenditures made so for on the Town Highway Emergency Fund at about $60,000.00, which is more than enough to recover the cost. Will send into state for reimbursement.

Duncan handed out budget status reports ending September 13, 2003. One reports shows the general categories, which provide a snapshot of the budget. Can also run reports that show details of every transaction on any code. Duncan stated MSDS is a computer program that can track road and truck maintenance. Duncan has a sample of the program, which is a good program and user friendly and it is free. Vt. Local Roads will come in and train people to use it.

Joe Salerno from the Johnson Pathways Committee made a formal presentation on the Johnson Pathways Plan. Joe did a brief overview of the plan. Dave Pelletier from Lamoille County Planning Commission work on the report. He compiled existing studies like the Town and Village Plans, Traffic Study, Pathways Project for this report. Completed a Project Matrix, which shows the project location, existing conditions, proposed improvements, estimated costs, key parties, next step and funding sources. Duncan stated that the Trustees have asked the Planning Commission to prioritize the projects. Projects could be eligible for enhancement grants. Should start a capital plan as a way to pay for these improvements.

Joe stated that the Planning Commission would like to go forward with the recreation facility plan, which is part of the master plan. Would need to apply for additional planning grant for the recreation facility plan. Joe presented the Board with a draft application; this would be the third phase of the master plan. Have recreation facility all though the town would like to get them connected. Need to have endorsement from the Selectboard. This should be completed by the end of the month. Brad moved to accept the Resolution for the recreation facility plan application for planning grant funds, Blaine seconded, so voted. Board signed resolution.

Joe stated that there is going to be a public hearing on October 7, 2003 for the Main Street Plan.

Duncan stated that have received the last bid on the computer server and will make a decision soon.

Duncan stated that he doesn't think there is a conflict of interest if Blaine signs the addendum to the sheriff's contract to include required statutory language regarding compensation. Brad moved to accept addendum to Sheriff's contract, Eric seconded, so voted. Board signed contract addendum.

Duncan stated that an issue has been raised regarding use of personal vehicle. No one in the insurance industry provides coverage for use of personal vehicles by employees under the employer's policy; everyone relies on the employee having insurance and using it as the primary insurance coverage. For liability coverage, PACIF will generally cover costs not covered by employee's personal insurance policy. For Collision and Comprehensive, PACIF will pay no claims. Many towns pay mileage or a mileage stipend to compensate employees for costs associated with use of their cars for town business. Town pays 36 cents per mile, which helps in the cost of gas, insurance, etc. Constables do not get made mileage, they are paid per call, will have to make a change to there compensation. PACIF strongly recommends that the towns have a policy on use of personal vehicles. Employees would have to sign a certification that they have a valid drivers license and have auto insurance in the minimums required by state law. Eric asked are their any grants available for gas/electric vehicles for municipalities for lister or employee use. Duncan stated that he would work on the draft policy for vehicle use.

Trash on James Tomlinson property has been picked up will have a Louise Von Weise send a letter to rescind the health order.

Duncan stated that Anne from the Associated Press called and wanted a copy of the UVM report.

Duncan stated that Lamoille County Planning Commission is looking for an appointee to a Plan Advisory Committee for a joint Rte 15 Corridor Study, which is to cover Rte 15 from Hardwick to Essex Jct. Chris Duchaine volunteered to fill the position.

Board agreed to wait until the Hoag sewer permit is complete before having it removed from the court docket.

Duncan stated that at the Johnson Landfill the VOC have increased in the test wells, they are not at dangerous levels.

Duncan stated that it is State policy that they do not maintain highway aprons unless there is construction.

Duncan stated that have a letter from FEMA regarding Blais property for re-determination of the flood zone on Route 100C

Blaine moved to go into executive session at 9:20 p.m. for a legal issue Eric seconded, so voted. Board came out of executive session at 9:30 p.m.

Blaine moved to adjourn, Brad seconded, so voted.

Meeting adjourned at 9:30 p.m.

Respectfully submitted by

Rosemary Audibert