The following article appeared in the Weekend Edition of The St. Albans Messenger which also includes a large front page article with enlightening information given by Ms. Gallup's father you will want to read about. I had hoped that the article below would have been put up on the Messenger Web site so I could link to it because rumors are floating around that are not exactly as Rick reported them. I have found Rick to be quite accurate in his reporting, so here is the article exactly as written by him. Now you might think I work for the Messenger, but I don't, I just find that if you want to know something about Franklin County, they are the newspaper that will give you that information.
Drip, drip of water dispute irks judgeFairfax Selectboard keeps Handy in its sightsBy RICK BURNHAM
Staff Writer
ST. ALBANS CITY - Parties in the ongoing water meter dispute between the Town of Fairfax Selectboard and developer Gabe Handy brought their heated arguments to Franklin County Superior Court Friday, each with a request that Judge Alden T. Bryan grant a motion related to the case.
The judge turned them both down while delivering a pointed message that the case has become one big "waste of money"
The issue revolves around a 47-unit senior housing complex owned by Handy in Fairfax, and the suitable number of meters that will sufficiently gauge water use. Handy initially preferred one meter, but the town wanted 47, one for each unit. Handy came back with a request for 95 - a hot and cold for each unit, plus one for general areas. Fairfax said 47 would do just fine.
Past allegations of water theft, including the destruction of a lock box put on the water system by the town, were discussed here Friday The town has reasserted its belief that Handy - or people employed by Handy - were responsible for the damage and the resulting unauthorized use of the town's water.
Chittenden County Superior Court Judge Matthew Katz dismissed that argument March 30 as not being worthy of substantial consideration. That same day, Katz also spoke of his intent to sign a court order telling Fairfax to install the 95 meters and turn the water on immediately.
Burlington attorney John Franco told Bryan Friday that the town still had not done so, and that the continued resistance amounted to little more than an effort to bankrupt his client. He spoke of alleged civil rights violations, and of considerable monetary damages that may come into play in future litigation.
Fairfax is currently appealing the March 30 decision on the grounds that Katz was biased.
A decision on the alleged bias is expected soon from Chittenden County Administrative Court judge Amy Davenport. Davenport ruled against Fairfax on similar allegations of bias earlier in the year.
Fairfax, represented by Burlington attorney Amanda Lafferty, requested a preliminary injunction be imposed Friday, essentially allowing the town to install another lock box on the water system. She also spoke of the town's intention to eventually seek monetary damages related to the alleged theft.
"Franklin Court has jurisdiction because the violations took place in Franklin County," she said.
Franco, asked the judge to dismiss the whole matter of stolen water.
"It is 'part and parcel' of court decisions already made in Chittenden County," he said.
Denied. And denied. Is what the judge said.
Katz countered Lafferty's request by pointing out that any go-ahead he gives to put another lock box on the water system would be in direct conflict with orders by Judge Katz to turn the water on.
Besides, he said, there is nothing preventing the town from installing a lock box on the system without his approval, if they think the argument of bias by Katz is a worthy one.
But he stopped short of dismissing the argument of stolen water, saying that the town would have ample time to pursue those charges later.
In the meantime, he said, cooler heads should prevail. Common ground should be found. And the water should be turned on.
"This is a waste of money, a terrible mistake," he said. "It seems to me that the counselors for both sides should be urging settlement. Is this litigation necessary? It seems to me that you should go right down there and install those meters."
But the town remained steadfast in its belief that town ordinances give it, not building owners, the authority to make decisions on water metering. Both sides now await Davenport's decision before deciding their next step.
Selectboard posts meeting
The Fairfax Town Selectboard will meet with municipal water and sewer users in the Fairfax Town Office at 8:00 p.m. on Monday.[/b][/size]
