Fairfax Selectboard Minutes of 04/07/08

Selectboard Members present: Bill Ormerod, Judy Cleary, Charlie Swanson, Randy DeVine, and Bob Horr. Staff Members present: Don Pigeon, Road Foreman, and Erin McSweeney, Administrative Assistant to the Selectboard. Public Present: Chris Stowe, Nick Blair, Helen Stowe, Betty Poulin, Peg Stewart, Colleen Steen, Peter King, DJ & Cathy Leach, David McWilliams, and Joan Wotherspoon.

1.Call to Order

Judy Cleary, Chairperson, called the meeting to order at 7:00PM.

2. Minutes

Bob motioned to accept the minutes from the meeting on March 31, 2008, as written. Randy seconded. Peg Stewart offered clarification regarding the discussion about areas to be paved. Peg indicated that she was referring to the 2nd coat of asphalt on Hunt Street, not the bus garage. Bill indicated that he believes the minutes reflect how the board members interpreted the information. 4 board members voted in favor, and 1 board member abstained.

3. Items on the Agenda

A. Don Pigeon - DJ's Tree Service has removed 2 trees on Fletcher Road and will be removing another one in the near future at a cost of $1800; he informed the board that he called a total of 4 tree services for a quote, and DJ's was the only company who responded. On Friday, Don met with a representative from Pike Industries regarding the anticipated paving schedule for this spring. He will be meeting with a representative from FW Whitcomb and United Paving Company this week. Don has allocated $155,000 for paving for the season. The extra $5,000 is to pave a portion of Hunt Street to the bottom of the hill by the Wastewater Treatment Facility, and on Toof Road to the town line.

Don reminded Erin that Green Up Day will take place on Thursday, May 1st for the students (rain date of Friday, May 2nd), and Saturday, May 3rd for the adults. He will need dumpsters at the Town Garage for these events. Erin will contact Bob Perry at All-Cycle to arrange for the dumpsters. Household Hazardous Waste Day will take place on Saturday, April 26th, at the Town Garage between 8:00AM-noon.

Don discussed the options for disposing of some of the tires at the Town Garage. He would like to dispose of some of the large tires this year; there are funds allocated for this in the Town budget. In previous years, Vermonters Helping Vermonters, a company in Albany, Vermont, has removed tires and disposed of them. Don informed the board that he and Bob met with David Shea of All Metals Recycling regarding the disposal of tires and metal recycling. Bob indicated that David will be submitting a proposal for the board's review.

Judy asked Don if he checked the asphalt at the Bus Garage. Don indicated that he has checked this, and only a base coat has been applied. Peg Stewart asked Don about paving on Hunt Street; Don indicated that he plans to pave a portion of it to the bottom of the hill by the Wastewater Treatment Facility.

B. Randy DeVine - Randy reviewed the following reports for the month of March: Vermont Monthly Water Systems Operations Report and the Water Usage Report. Randy noted that the increase in the daily demand is due to a water leak that began on March 12th.

Randy has done some research on a static meter on the Town's well; he has called Chevalier and Champlin Associates and is waiting to hear back from them. He also backwashed the filtering system at the Water Control Building, and inspected the sewer connection at 6 Boissoneault Road. He informed the property owner that a well driller's log must be submitted, and a water meter must be installed.

Randy met with the Vermont Rural Water Association on Friday morning to work on finding the water leak. Randy was able to determine that the leak was along a stretch of Fletcher Road, but did not have the equipment to find the exact location. Working with Vermont Rural Water, he was able to find and repair the leak. Randy showed the board the source of the leak; he indicated that the water line through a section of Fletcher Road had plastic fittings over copper pipes. Randy used a drawing to depict the configuration of the system in this area. Randy has installed copper fittings to replace the plastic ones.

Erin distributed information from Amy regarding the billing structure for Rene Boissoneault's property. Randy indicated that there should not be a charge for municipal sewer being charged to this property. Judy will follow up with Amy.

C. Cathy & DJ Leach, and David McWilliams - David McWilliams, an animal control officer for St. Albans City, addressed the board on behalf of Cathy & DJ Leach. He has assisted St. Albans City with drafting ordinances and policies regarding animal control in the city. David referred to the written complaint submitted to the Selectboard by Cathy and DJ. David read an excerpt from the Town's Dog Ordinance regarding dogs running at large; "…It shall be unlawful for any person owning or possessing a dog to permit it to run or be at large within the Town, and every person owning or having a dog shall confine it to his or her premises when not under the immediate control of a competent and responsible attendant..." Cathy & DJ have expressed concern that dogs running at large have gotten into the trash at the end of Wheezy Way, across from their home. Their dog was killed when she chased 2 dogs who had come on their property. David reiterated that the Town is required by the State to enforce ordinances that are in place, including ensuring that all dogs in the Town are licensed. David indicated that a dog census should be conducted to find out how many dogs there are in Town and how many are unlicensed; the Town Clerk may issue a warrant after May 30th authorizing the Constable to take possession of any dog that is not licensed. David asked if the Constable receives the list of unlicensed dogs; Judy indicated that Josh Langelier, 2nd Constable, has received the list and has issued letters to the owners of these dogs. Cathy expressed concern that she has contacted both the Selectboard and the 1st Constable regarding issues pertaining to dogs running at large, and the issues were not addressed. She indicated that she will hold the Town liable if she or her grandchildren are bitten by dogs who come on her property. Cathy also asked if the leash law can be enforced to prevent dogs from getting into the trash at the end of Wheezy Way that ends up all over her property.

David distributed a copy of an ordinance that is currently in place in St. Albans City. He indicated that it is important for the Town to increase the fines associated with violation of the Dog Ordinance. He advised that if someone does not pay a fine that has been issued, the Town can take the person to Small Claims Court, or take possession of the unlicensed dog. He also advised that if the Town does not keep up with enforcing the Dog Ordinance, the Town could be held liable.

Cathy asked the board what will be done to assist them. Bill informed her that the board is working with a resident of Wheezy Way to build a trash receptacle to be put at the end of the road to help prevent the trash from getting on to her property. Cathy asked why the receptacle could not be placed somewhere on the road, away from Fletcher Road. She indicated that Wheezy Way is maintained by the Town up until the well. Bill stated that although it is maintained to that point, it is in fact a private road.
David asked why tickets have not been issued to people who have unlicensed dogs, as it is after April 1st; Cathy asked why the 1st Constable has not been enforcing the ordinance. Bill informed Cathy that he did contact Ted Cantwell, who in turn contacted DJ & Cathy about their concerns.

Colleen Steen stated that she would like to encourage enforcement of the Dog Ordinance, as she has dogs in the area of her home who run on her property.

Bob suggested that the list of unlicensed dogs should be sent to Josh Langelier, the 2nd Constable, so a warning can be issued to encourage people to license their dogs by May 30th. David stated that once a written complaint is received, the Constable should issue a fine to the owner of the dog.

Betty Poulin asked if the ordinance addresses cats. Randy informed her that the ordinance does not address cats, as they are natural predators.

4. Other Business

A. The board discussed the proposed lease for the "White House." Bob distributed a proposed revision to the section that pertains to exterior maintenance. Bob has spoken with Don regarding snow removal. Bob indicated that he did not include language that addresses the exterior maintenance of the building. Peg Stewart stated that it was her understanding that the Town would take over the maintenance for the entire building.

B. The board reviewed the supporting documentation from VTrans regarding the Town's speed limit reduction request, which was not recommended by the State. There will be a meeting in Montpelier with the State Traffic Committee on Monday, April 14th, between 1-3PM.

Bill noted that the Traffic Study that was conducted by VTrans was done at noon on February 29th.

Bob indicated that he has spoken with Carolyn Branagan regarding the most recent request, and requests that have been submitted to VTrans in the past which have also been turned down.

Colleen Steen suggested that pictures should be taken to discount some of the information in the report, such as the width of the shoulders on Route 104 and the presence of sidewalks. Colleen stated that Route 104 is dangerous for pedestrians due in part to large trucks using the road.

Bob noted that the State has turned down multiple requests, and has not offered services to correct the problems cited in their correspondence.

Colleen indicated that there is conflicting information, including inconsistent numbers, and inaccurate widths of shoulders.

C. The board reviewed the fee schedule for Household Hazardous Waste Day. The board decided to leave the fees as they are. The schedule will be posted around Town and on Chris Santee's and Henry Raymond's websites: franklinone.com and vtgrandpa.com. Peg Stewart indicated that the school does have some fluorescent light bulbs to be disposed of. Bill informed Peg that she can call Amy Page of APT Environmental and arrange for pick up at the school.

D. Erin will contact Dave Brown regarding his letter of interest for the Planning Commission.

E. The board reviewed an e-mail from Colleen Steen regarding 4th of July fireworks in Town. Bob suggested the board should review how previous agreements that were in place between the Town and the person putting on the fireworks display were worded. Colleen expressed concern that the Fairfax Businessperson's Association is a private club, and the fireworks are being held on private property and not by a Town department. Colleen indicated that the Town may be setting a dangerous precedent.

Bill noted that the Recreation Department holds the Egg Run under the Town's insurance. The Teen Center is also under the Town's insurance. Colleen stated that she believes the FBPA is a private club and does not accept everyone as members.

Bob asked if the FBPA could obtain a rider to the Town's insurance through VLCT. Erin will contact VLCT regarding the cost of the insurance rider.

F. Bill, Don, and Randy are reviewing the Hazard Mitigation Plan; Shaun Coleman from the Northwest Regional Planning Commission has provided a draft of the plan.

G. Bill distributed information regarding the status of pending legal cases.

H. Bob motioned to support the Planning Commission's Village Center Designation application. Charlie seconded. All board members voted in favor.

5. Public Input

A. If there are any screens in the Town Office that need to be repaired, employees should notify Betty Poulin.

6. Executive Session

Bill motioned to enter Executive Session to discuss a pending legal matter at 9:11PM. Charlie seconded. Charlie clarified that the pending legal matter is regarding Maple Hill Road. All board members voted in favor. The board entered Executive Session at 9:11PM.

The board returned to public session at 9:20PM.

7. Adjournment

Randy motioned to adjourn the meeting at 9:27PM. Bill seconded. All board members voted in favor. The meeting was adjourned at 9:27PM.

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Erin McSweeney, Administrative Assistant to the Selectboard