Fairfax Selectboard Minutes of 06/16/08

Selectboard Members present: Bill Ormerod, Charlie Swanson, Randy DeVine, and Bob Horr. Staff Members present: Don Pigeon, Road Foreman, and Erin McSweeney, Administrative Assistant to the Selectboard. Public Present: Peter Cross, Jim, Kathy and Janet Harrison, Martha Staskus, Jim Meunier, John Schraven, Colleen Steen, Karen Hebert, Peg Stewart, and Chris Santee.

1.Call to Order

Bill Ormerod, Vice-Chairperson, called the meeting to order at 7:04PM.

2. Minutes

Charlie motioned to accept the minutes from the meeting on June 9, 2008. Bob seconded. Erin advised the board that Judy proposed two amendments; to add Tom Grace to the members of the public who were present, and to amend line #98 to read, "Judy informed the board…" All board members voted in favor of accepting the minutes as amended.

3. Items on the Agenda

A. Don Pigeon - Don obtained the following pricing for winter sand: at Ormond Bushey's sand pit, located in Town, it is $7.00 a yard; at Reggie Smith's sand pit in Milton, it is $5.00 a yard. When fuel and travel time are considered, the prices are about the same. Sand from Robbie Nuzzo in Jeffersonville will cost $6.50 a yard. By consensus, the board authorized Don to purchase sand from Ormond Bushey, and to purchase sand from Reggie Smith if necessary.

Don indicated that the pavers are not currently on site as they had to do an emergency job elsewhere. When they return, they will be paving Huntville Road, behind the school, and on River Road.

Don informed the board that he will not pave a section of Fletcher Road until he has received confirmation from Randy Reed of VTrans whether the Town has received a resurfacing grant from the State.

The board will conduct a site visit to the Town Garage to choose a location for the dumpsters from All-Metals Recycling.

B.Randy DeVine - Randy reported last week that he fixed a leak on Buck Hollow Road. Randy informed the board that the manhole risers he ordered have arrived; however, 3 of them are the wrong size. Randy gave a summary of activities for the week, including, but not limited to: flushed the filtering system, he is pumping Lagoon 1 down after he discovered a small air leak, he prepared his pump stations for the storm, tended to a power outage, performed some maintenance on the trash pump, and he cleaned out the contact chamber.

Bob asked Randy if he has received any estimates from JP Electric for the maintenance on the pump stations that was discussed at a previous meeting. Randy stated that he has not received the estimates yet.

C. Wind Energy Project on Georgia Mountain- Jim, Janet, and Kathy Harrison attended tonight's meeting to present information about the wind energy project on Georgia Mountain in Milton. Peter Cross of Cross Consulting Engineers and Martha Staskus of Vermont Environmental Research Associates attended tonight's meeting as well. Martha gave an overview of the project, and explained that the project has yet to enter the permitting phase, which may take more than a year to complete. The proposed location for the windmills is Ted Road in Milton, off Milton-Westford Road on a piece of property owned by the Harrison family. When the permit application has been completed, surrounding towns will receive notification. Martha distributed information about the project; anyone interested in reviewing the information should contact the Town Office.

D.Water Users - Users of the municipal water system attended tonight's meeting to obtain a status of the on-going litigation. Bill informed the water users in attendance that there are currently 6 motions pending; one of these motions was initiated by the Town. Bill also informed the water users that some of the pending motions were filed in Chittenden County. One motion, based on Mr. Handy's claim of age discrimination, has been moved from Chittenden County to Franklin County court. Bill also indicated that there are 2 claims for damages pending.

Chris Santee asked Bill where the Town stands at this time. Bill informed Chris that the Attorneys for the Town are currently in the discovery stage gathering information. On the recommendation of counsel, the Town has more than one Attorney working on the case. In addition to an Attorney from Stitzel, Page, and Fletcher, one of VLCT's (the Town's insurance carrier) Attorneys is also working on the case. Jim Carroll, retained by VLCT, is currently exploring the possibility of mediation. Bill advised Chris and the water users to check back with the board in a couple of months.

Bob Horr asked Bill what the initial suit in this case is. Bill informed Bob that the initial suit was filed by Mr. Handy. John Schraven, a resident of the community and a mediator by profession, indicated that mediation is a voluntary process.

Sam Hudson stated that the users of the water system need to be kept informed on the progress of the case. Peg Stewart reiterated this.

Jim Meunier asked if all of the outstanding items can be mediated together. Bill indicated that he believes each item would have to be mediated separately.

Chris Santee asked whether water rates will be increased. Bill stated that the board is evaluating the current rates and is attempting to create a budget for the Utility Department. The board has asked Amy Sears for a history of two years' income and expenses. Bill indicated that, while general expenses keep rising, income for the Water Department is stagnant; the Town is not able to add any new users to the water system.

Chris asked the board why they feel Judge Katz was biased. Bill informed Chris he was not able to answer that question because he may reveal strategy.

Chris informed those present that Governor Jim Douglas will be at the Country Pantry at 10:30AM on Tuesday, June 17th and will proceed to the grand opening of the Fairfax Insurance Agency.

4. Other Business

A. Bob motioned to approve the signing of the lease of the "White House". Randy seconded. All board members voted in favor. Bill signed the lease on behalf of the board, and Peg Stewart signed the lease on behalf of the School Board; Randy witnessed their signatures, and Erin notarized the document.

B. Colleen Steen informed the board that 2 dogs have been running at large through her gardens. She indicated that this has taken place several times over the course of more than a year. Randy and Judy went to Colleen's house on Saturday morning. Colleen stated that she tried to contact both of the Town Constables, but neither one responded to her calls. Bob suggested that the board should consider hiring a part-time Animal Control Officer who would be responsible to the Selectboard. Erin will contact Josh Langelier to find out whether he has contacted the dogs' owners and whether he has fined them. Colleen stated that the Dog Ordinance should be enforced.

C. The board reviewed additional correspondence from Leon Belliveau regarding his property located on the corner of Route 104 and Hunt Street. Skip Taylor has issued a Zoning Violation, as Leon is renting out 2 rooms in the house. Leon has appealed the violation; a DRB hearing will take place on July 16th.

D. Bill informed the board that Jon Bondy, the Chairperson of the Fletcher Selectboard will be meeting with the board to discuss Fletcher's efforts to bring broadband service to the Town.

E. The Town Office will be closed on Friday afternoon, June 20th, so that Town employees can attend funeral services for Doug Webb.

5. Public Input

None.

6. Adjournment

Bill motioned to adjourn the meeting at 9:39PM. Randy seconded. All board members voted in favor. The meeting was adjourned at 9:39PM.

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Erin McSweeney, Administrative Assistant to the Selectboard