Fairfax Selectboard Minutes of 03/19/07

Selectboard members Jeff Blake, Judy Cleary, Bill Ormerod, Charlie Swanson and Randy DeVine were present at the meeting. Also present were Erin McSweeney, Amanda Lafferty, Gabe Handy, John Franco, Sam Ruggiano, and Chris Parah. Please see the attached sign-in sheet for members of the community present. These minutes are unofficial until approved by the Board at the next regularly scheduled Selectboard meeting.

The meeting was called to order at 7:00PM. Representative Carolyn Branagan attended tonight's meeting to discuss revisions made to the proposed orphan stormwater legislation. Bill informed Carolyn that members of the board would be interested in testifying before the legislature.

Judy motioned to accept the minutes from the meeting on March 12th. Charlie seconded. Bill offered 3 amendments; Charlie motioned to accept the minutes as amended. Jeff seconded. All board members voted in favor.

Judy motioned to accept the minutes from the meeting on March 14th. Charlie seconded. All board members voted in favor.

Jeff motioned to approve the liquor license application for Nan's Mobil. Charlie seconded. All board members voted in favor. The application was signed and will be submitted to Donna Meunier.

Jeff motioned to enter Executive Session at 7:28PM to discuss a pending legal matter. Charlie seconded. All board members voted in favor. The board came out of Executive Session at 8:02PM.

Gabe Handy & John Franco attended tonight's meeting to present a proposal for 95 water meters at the Fairfax Green Senior Housing complex. The board conducted a walk-thru of the Fairfax Green Senior Housing complex on March 14th. Charlie motioned to authorize the Town's attorney to pursue civil action for violation of the water supply Ordinance . Bill stated that during the walk-thru on March 14th, the board observed that the lock-out device Placed on the portion of the water line that does not provide fire suppression, that had been installed on September 27th by Green Mountain Engineering had been tampered with and that the water had been turned on. Bill stated that this is a violation of the Temporary Water Service Agreement. He stated that is also a violation of the Water Use ordinance sections 4.04, D, E &F and of section 4.05 and 24 VSA 5150. John Franco, Gabe Handy's attorney, stated that they will not be responding to anything tonight.

All board members voted in favor of authorizing the Town's Attorney to pursue civil action.

Charlie motioned to approve the proposal for 95 water meters. Judy seconded. The request for 95 meters states that there would be 2 meters per unit; one for hot water and one for cold water, plus one meter for the main water line. John stated that per the ordinance, Gabe is the owner, and therefore is responsible for all water in the building. When Gabe was asked if the units are for sale, he stated that he if can not sell them, he may rent them. He also stated that construction of the building has slowed, and is not complete. John Franco stated that under the proposed configuration, Gabe would be the owner of all the water in the building, as he is the owner of the building. He stated that this configuration is based on his reading of the ordinance. Bill asked John Franco about the Act 250 application that was submitted for the project; condition #13 pertains to the energy efficiency requirement. Bill asked what other systems had been explored before the installation of a central hot water system. John stated that 95 meters are being requested due to the existing central hot water system. When asked whether a copy of the application and plans were available, Gabe responded that the site plans and the building plans are on file with the Zoning Administrator. Gabe stated that the plans reflect the way the building is built right now. Bill informed John and Gabe that every other of the Town's more than 200 customers on the water system have only one meter per unit, for cold water. Bill requested input from the community members present at the meeting. Ed Nuttall asked what it was that the board needs to hear in order to move this process forward. Bill responded that the board would like to see everyone involved go forward with previous decisions regarding water usage and metering. Bill referenced past Selectboard meeting minutes and correspondence, which stated the decisions made.

Colleen Steen stated that she is the owner of a 20-unit Elderly Housing project in Town, which was constructed with one meter for the entire building. When the ordinance changed, one meter was installed for each unit, in order to be in compliance with the ordinance. Jane Fischer asked if multiple meters would conserve energy; Peg Stewart expressed concern that water users were not consulted on this issue. Karen Charboneau also expressed concern that the water users were not consulted on this issue, and that the Town is losing money by continuing to pursue this in court. Jeff informed Bill that he would like to call the question. Bill restated the current motion, which was to approve the proposal for 95 water meters. One board member voted in favor, and 4 board members were opposed. Jeff motioned to table the discussion of responsibility and ownership of the water and sewer line for this project until the board has discussed it with the Town's attorney. Charlie seconded. All board members voted in favor.

OTHER BUSINESS: The board reviewed the Correspondence Worksheet. Randy & Judy informed the board that they will be taking the ICS 200 class taking place on March 20th and March 24th. The rabies clinic will be taking place on Saturday, March 24th, between 9AM-12PM, at the Town Garage. Charlie informed the board he has spoken with Pam Thurber of VTrans regarding bridge #10. She informed him that it is #6 on the VTrans statewide priority list, and is #2 on the regional priority list.

Bill informed the board that there will be a Better Backroads grant workshop on Wednesday, March 21st. Erin will attend this.

PUBLIC INPUT: Colleen Steen asked about bridge #10 and AOT's priority list. Rick Burnham asked if the board would consider splitting the cost of the additional meters being requested. Bill stated that per the Water Use ordinance, no water will flow through a meter the town does not own. Bill stated that the users of the Town's water system will get a full account of what has happened with this litigation once the matter has been resolved. Since it is still being litigated, there is information that is not yet available to the public.

Jeff motioned to enter Executive Session at 8:55PM. Charlie seconded. All board members voted in favor.

Charlie motioned to come out of Executive Session at 8:58PM. Judy seconded. All board members voted in favor. Jeff motioned to enter Executive Session at 8:59PM to consult with the Town Attorney and the consulting plumber. Charlie seconded.

The board came out of Executive Session at 9:40PM.

The Selectboard meeting was adjourned at 9:44PM.

____________________________________ Erin McSweeney, Selectboard Administrator