Lack of Comma Leaves Johnson Zoning in Limbo

by Mickey Smith

JOHNSON – Communities, like Johnson, that have voted to consider themselves “rural municipalities” are finding a change in the state rules regarding the adoptions of zoning bylaws has resulted in an unexpected problem.

The absence of a comma has resulted in a paragraph, which used to deal with “bylaws, amendments, or repeals” to now only deal with “bylaw amendments or repeals.”

Duncan Hastings, Johnson’s municipal administrator, explained by leaving out the comma the town is left in a predicament of who is required to approve the adoption of bylaws.

The old law required rural towns to adopt or reject proposed zoning bylaws by Australian ballot or at a duly warned Town Meeting, but could elect to adopt the bylaws similar to how ordinances are adopted; the selectboard approves the ordinance and after waiting through an appeal process an unchallenged bylaw would go into effect.

The new wording changes the “default” method of adopting bylaws to the selectboard/appeal process, but still allows rural towns to have bylaw amendments and repeals adopted by the voters. Because of the missing comma there is no mention of how to deal with new zoning bylaws.

“Unfortunately, because of the omission of a comma in section 4442(c)(2), there is a question as to whether rural towns can adopt new bylaws by Australian ballot,” said Garrett Baxter, senior associate, Municipal Assistance Center of the VT League of Cities and Towns, in an email to Hastings.

“We advise rural towns that the clearly permissible method of bylaw adoption is by vote of the legislative body. If a rural town adopted a bylaw by Australian ballot, it risks legal challenge to the bylaw,” said Baxter.

Hastings said an informational meeting has been scheduled for Monday, September 24, to explain the situation, as the next day, the town will be holding a special Australian ballot geared to ask voters if they want to rescind the requirement that future proposed zoning bylaws be by Australian ballot.

The vote will be held from 10 a.m. until 7 p.m. at the Johnson Municipal offices.

Mold Addressed at Elmore School

by Amy Kolb Noyes

ELMORE – Stepping inside the Elmore School, one would be hard-pressed to detect the mold problem that has caused administrators much concern over the past couple weeks. There is no pervasive mold smell. There is no mold – black or otherwise – to be seen in the classroom or any part of the building’s main floor. The only evidence is a barely-detectable hum from the air filtration unit running in the basement below.

Walk out behind the school, however, and it’s hard to miss the long sleeve of vent duct that snakes up from the bulkhead to the roof, behind the chimney and down the south side of the building. The duct exhausts air from the basement where mold was detected during a routine tour of the building earlier in the month.

It was Interim LSSU Superintendent Dr. Holden Waterman who first noticed the basement mold, and who recommended swift action to address the situation. Dr. Waterman was the superintendent who oversaw last year’s $5 million mold abatement project at Milton Elementary School.

The Elmore School Board’s first action was to call in environmental specialist Todd Hobson, of Clay Point Associates, to conduct an environmental assessment. Last week Dr. Waterman and board chair Penny Jones co-signed a letter to parents explaining the situation.

In the letter, Jones and Waterman stated of Hobson’s assessment, “The findings are generally positive. There is indeed mold in the basement, but mold spores are not present in the classroom areas at a level that is problematic. There is no evidence of toxic mold inside or outside of the school.”

The letter went on to state this week’s school opening would not be delayed.

The “negative air pressure and filtration system” now installed at the school draws fresh air down into the basement and through a series of filters, including a HEPA filter, then pushes the cleaned air outside through the vent system that eventually exhausts at the south side of the building.

“We want to be sure that nothing gets in to where the kids and the staff are,” explained Dr. Waterman. He added once the basement is dried and the problem contained, then a cleaning crew will go in and sanitize the area. All permeable materials, such as cardboard, sheetrock, and some wood will be removed. After the cleaning, Waterman said the basement will again become a usable space. Currently, the basement is used as a storage space.

School officials are now waiting for a report from Civil Engineer Jeffrey Kershner, of Hamlin Engineers, in Colchester. Kershner will be engineering a long-term solution to keeping the basement dry and, therefore, mold-free. His recommendations will likely involve some foundation work and replacing a sub-standard bulkhead, as well as landscaping and drainage solutions. Waterman also guessed gutters might be another suggestion to help keep water away from the building.

Walking around the outside of the school building, Waterman pointed out several places where the foundation is cracked and where the land grade and building features force water toward the foundation. The extent of the work and how much it will cost is still unknown at this point.

Power Outage Forces Grand Union to Toss Perishables

by Amy Kolb Noyes

JOHNSON – A weekend power outage at the Grand Union Family Market, in Johnson, prompted two inspections from the Vermont Department of Health this week. Although the store was not cited for any violations, it was ordered to discard a sizable quantity of perishable foods.

According to Department of Health Public Information Officer Robert Stirewalt, Sanitarian Supervisor Al Burnes conducted an inspection on Sunday, August 26, after a report came into the department regarding perishable food sales in the wake of Saturday’s power outage.

During Sunday’s inspection, Burnes took internal temperatures and ordered a variety of food products be destroyed, according to local District 8 Sanitarian Chip Gosbee. Gosbee conducted a follow-up inspection on Monday and ordered the store to discard eggs that had not been thrown out the day before.

Although the Department of Health did not require the store to take any measures to prevent problems during future power outages, Stirewalt suggested a generator would be a prudent purchase for the store, considering the high cost of the food that had to be discarded.

The News & Citizen contacted both local and corporate managers at Grand Union who confirmed comments made by the Department of Health. However, the paper was not able to reach anyone before press time who would talk on the record about the incident or describe how much food was discarded.

Johnson Library Looking for Parking

by Mickey Smith

JOHNSON – “We have storytime on Wednesdays when the library is closed,” explained Johnson Public Library’s Librarian Jeanne Engel, discussing the lack of parking for its customers.

Engel said the library has two spaces in the front and three in the back, which really limits the programs they are able to conduct. She said a lot of people park in the village and walk down Railroad Street to get to the library, knowing there isn’t much parking available.

With the property at the left of the library (the Parker & Stearns’ side) for sale, Johnson Municipal Administrator Duncan Hastings, said a plan was put in place to purchase the property, use part of the yard for parking and then sell the house.

Unfortunately, by the time the selectboard could get the project rolling, the property was already under contract by someone else.

By that time, a meeting had already been warned to discuss and vote to authorize the selectboard to spend up to $180,000 for the property. Hastings said that meeting will still occur on September 25 and will give the residents a chance to discussion options at the library.

“We’re going to hold the meeting, we hope people interested in the library will still attend,” said Hastings.

Hastings said in the meantime, the town will continue to explore options, including the possibility of negotiating the purchase of about 50 feet from the potential new owners. As with all real estate purchases, Hastings said there is also the possibility the sale could fall through, in which case a vote could still be held at the September meeting.

Hastings said the selectboard has left on the table the authorization for Eric Osgood to sign an agreement, as long as voters approve the project.

For now, the library will continue making do. Engel said Howard Frank Mosher is going to be discussing his newest book on Saturday night, September 1. She said parking will be at a premium, as it always is, but the talk is still open to anyone who is interested in attending.

New Law Eases Poultry Sales

by Mickey Smith

MORRISTOWN – “Buy local” tout the signs in front of Winding Brook Farm on Route 100 South in Morristown, and now, thanks to a new law in Vermont, more people are able to buy the farm’s locally raised poultry.

The agriculture viability act of 2007 makes it possible for small farms (those slaughtering less then 1,000 birds per year) to offer their product at farmers’ markets and restaurants.

Before the passing of the new law, farms like Winding Brook had two options – one they could sell their uninspected birds providing they were raised, slaughtered, and sold on-site or two they could try to book time at an inspected slaughterhouse. The slaughterhouse option wasn’t always available, as the farmer often times would not be bringing enough birds to make it worth their while. Art Mead, of Winding Brook Farm, said he normally slaughters about 200 birds at a time.

The bill allows small farms to sell their birds to restaurants, provided they carry a label which includes the line “Any menu item that includes this poultry must clearly state that the poultry is from “NAME OF FARM” and must prominently display the words ‘poultry processed on the farm and not inspected’ on the menu in proximity to the menu item.”

The label also includes farmer’s name and farm name and address; along with the price per pound, net weight, and total price and the exemption notice that states the meat is not inspected. Uninspected poultry also contains safe handling instructions.

Information labels for Farmers’ Market sales, do not need to include the information about the “menu item.” For both restaurants and farmers’ markets, the birds must be sold from the farmer as “whole birds.” Records also need to be kept of how many birds are sold, and to which restaurants.

Claudine Meyers, of Olive’s Bistro in Stowe, uses Mead’s birds at the restaurant. She said comments have been very positive, and her staff has been instructed to explain the farm is about eight miles up the road. She said she visits the farm about once a week, and has watched the entire process to know how the birds are raised and treated.

“A handful of people have been very excited, because they hadn’t eaten chicken in years because they won’t eat industrially processed birds,” said Meyer.

She said customers have been very receptive to seeing local birds on the menu.

Mead said money-wise, the new bill is not going to make a small farmer rich, but it adds another money making avenue to the small farm life, as well as offering another point of positive advertising for the farm.

Debate about the bill centered on concerns about the image of selling uninspected meat. Concerns were raised regarding the possibility of one incident tainting the image for the whole state. Lamoille County Senator Susan Bartlett pointed out there are issues pertaining to foods that are inspected as well, and this bill is just a way to create a viable option with which this industry can work.

Hoop Court Stabbing

By Mickey Smith

STOWE - A 21 year old Stowe man was allegedly stabbed by a Stowe teen after an argument on an outdoor basketball court. As a result of the incident, Shaka Africa, 17, of Stowe, was arraigned in Vermont District Court in Hyde Park on a charge of aggravated assault and possession of a switchblade.

According to Stowe Police Corporal Ed Webster’s affidavit, the victim had a puncture wound above the left eye. The 21 year old said he got into an argument with Africa, because Africa had allegedly been saying things about him (the victim) and his family. He alleged after Africa stabbed him, Africa took his coat and left, leaving the victim at the basketball court.

Stowe Police caught up with Africa at his mother’s home. Africa said the reason for the argument was the victim was threatening to beat him up and calling him racially offensive names. Africa alleged he had his hands in his pockets when the victim went to take a swing at him – as the victim lunged at him he pulled out his knife and flicked it towards him.

Webster’s affidavit described the knife as a silver, nickel-plated switchblade with an open blade of three and a half inches. Switchblades with blades smaller than three inches are the only type legal in Vermont.

Africa was released on a $2,500 unsecured bond into his mother’s custody. Among his conditions of release are a curfew and staying away from the victim.

Things Look This Way to Me

Editorial by J.B. McKinley 8/30/07

Starting the School Year

The buses are on the road again. Parents have swarmed WalMart for supplies and treated some lucky kids to shopping sprees at brand name stores for school wear. To the best of our abilities, all of us parents have done our duty and prepared our kids for another year of what is really their work. Yep, you read that right. Consider telling your kids to look at school not as time they must spend in childcare with a teacher as a monitor. Instead, try telling them that just as you, as a parent, go to work to keep them fed and the household running, their job is to go to school and prepare to support themselves and their future families.

Does a kid understand this? I don’t know, but I do think that school should not be just a fun time watching creative adults cater to the class. Of course, neither should it be a deadly boring duty without the possibility of a smile or laugh. A balance should be struck. Still, regardless of what your child faces as he trudges in through the homeroom door (that is if they still have homerooms?), they should go into the classroom knowing he or she is expected to take part and learn. Just as you have likely had good bosses and bad bosses, he or she will have good teachers and bad teachers. He might have teachers he doesn’t like. She might have teachers she doesn’t respect. Nevertheless, your children are now in a system, just as we all are, and we must live with it and win.

We’ve all heard a tremendous amount about “No Child Left Behind,” no doubt those following school issues are heartily sick of the phrase. It’s a phrase that suggests an incredibly optimistic outcome, but let me suggest, totally without pointing fingers, that children do get left behind. It’s up to us to figure out if it’s our kid!

What’s the point of this pontificating? The point is that the first day of school, despite our parental “in” jokes, is not the day we exclaim “Lucky Day, Lucky Day!” and wash our hands of our children for most of a year. It should be the day we re-dedicate ourselves to helping our kids grow up through the school system, cooperating with it and despite some aspects of it. So, by the time open house evening rolls around this fall, make sure your child’s teachers won’t have to ask you your name. That’s a good sign.