Town Of Fairfax Selectboard Minutes
July 6, 2009

Selectboard Members present: Bob Horr, Bill Ormerod, Charlie Swanson, John Mitchell, and Randy DeVine

Staff Present: Deb Woodward, Don Pigeon, Skip Taylor

Public Present: Elizabeth Kirkpatrick

1. Call to Order

Bob Horr, Chair, called the meeting to order at 7:01 PM.

2. Executive Session

Bill motioned to enter into executive session to discuss a personnel issue with no administrative staff present, Charlie seconded the motion. Four voted in favor, one abstained. The Board entered executive session at 7:02 PM.

Charlie motioned to exit executive session at 7:29 PM, John seconded the motion. All voted in favor.

3. Items on the Agenda

A. Deb: Deb distributed information regarding a pending tax appeal. She also requested the Board appoint a Town Agent. Charlie motioned to appoint Bill as Town Agent, John seconded the motion. All voted in favor. Deb asked whether the Board wants her to cut a check for Steve Cota even though the work is not completed. The Board instructed Deb to transfer the money to cover the payment, but the check will not need to be cut until they give her the go-ahead.

B. Don: Don reported the guard rails are done and he is currently stocking winter sand. The River Road work will be done some time in August. Don would still like to apply for a grant for a salt shed this year. Charlie will help in work out the details. Don received a letter from John Deere stating the warranty on the grader is only for six (6) months. JD would like to inspect the grader before the warranty expires and they are asking for $250 to have someone do the inspection. Don is working on this issue and does not intend to pay the fee for the inspection.

C. Skip: Skip distributed his monthly report and discussion followed. The Town needs to being posting Public Notices in a paper other than the Buyers Digest. We will begin using the Messenger from this point on. Skip suggested scheduling Catherine Dimitruk from NRPC to attend the meeting on July 20th to discuss grant writing, etc. The Board agreed and Skip will confirm with her. It is also time for the next round of Municipal Planning Grant applications and he will check with NRPC regarding assistance with the application process. Skip suggested hiring a firm to create the new Capital Plan and Budget. There was discussion regarding Lissa Robart on Goose Pond Road complaining about things her neighbors are doing. The Board stated there is nothing that can be done, they own the property. A letter will be drafted to Lissa explaining this fact and informing her she will not be put on the July 20th agenda. Skip will be asking for a proposal from IVS in Shelburne to do our mapping to get them up to date. The application for a composting facility from Jeff Clokey was discussed. Ultimately the DRB will decide on the application on the Town’s part. Skip drafted a letter to Dennis Fekert at the State and it was signed by Bob as Chair of the Selectboard.

D. Randy: Randy asked Bob to sign the application for Paul’s wastewater operator certification, which he did. Operations report comparison from May to June was reviewed. CCR’s are being delivered at this time. Collections and disconnects were done during June. Bill asked Randy if he had a chance to check the meter on Fletcher Road. The individual would like the meter replaced this week and she will be home Thursday after 12:30. Randy will do his best to get there this week. There is a total of four (4) meters which still need to be checked. Bill asked Randy if he had a chance to find out the costs for materials on Buck Hollow Road; he did not find the time yet. John suggested the Board set a date to have this information by and to get the work done. Randy was asked to set a target date and he responded he will do his best to gather the information by the first meeting in August. We will also need to obtain a Water System Permit to Construct from the State. Suzanne will find the application online and being work on it. Bob asked if Randy had any contact with Bill Stygles regarding the animal control position. Randy asked if we were still discussing water and sewer issues or not. Bob then asked if Randy had his list of concerns regarding the Water Ordinance and Randy said he has it half done. Bob and Bill suggested we send the Water Ordinance to the Municipal Assistance Center at VLCT to have them review it and the Board agreed.

4. Minutes

A. Bill motioned to accept the June 15th meeting minutes as written, Randy seconded. Three voted in favor, two abstained.

B. Charlie motioned to accept the June 22nd meeting minutes as written, John seconded. Four voted in favor, one abstained.

5. General Business

A. Bill reviewed the Green Mountain Engineering invoice and asked the Board to agree to pay the invoice and send a letter to Pierre to be reimbursed for the expense. John made the motion to proceed as proposed, Charlie seconded. All voted in favor.

B. Bill reviewed an email received from Matt Moran, VT DEC regarding the Ross’s Auto SMS. The process was flawed and no first letter was ever generated by the Verterre Group to notify the Town.

C. Bill reported on attending the Community Advisory Board Meeting with Charlie, was basically uneventful.

D. Suzanne reviewed the Items for Discussion. Bob briefly reviewed the Al Nichols’ (Omnipoint Communications) Act 250 application for a cell tower on his property.

One of the items was an application for the vacant Listers position. Suzanne will draft a letter informing the applicant that we will begin evaluating candidates once the tax appeal process is completed.

Suzanne presented three dates for the Fall HHWD – 9/12, 10/17, or 10/24. The Board would like to try to schedule it for October 17th. Suzanne will contact APT to confirm.

Bob discussed fireworks “permitting”. Any issues will be addressed by the Sheriff or State Police.

Items received from Amy in the Utility Department were reviewed. A decision was made if the department receives two bounced checks from the same person or persons, the department will no longer accept payments by personal check. A policy needs to be drafted and adopted. Suzanne will ask Amy to draft something up for the Board’s review.

Charlie reviewed the plans for Bridge 10 replacement and had a few comments which he will forward to the State as requested. The project is scheduled to be put out to bid in August.

There was discussion regarding a proposal from Steve Cota for adding gutters to the building, placing stone around parts of the building, etc. Steve will be on the agenda for July 20th to present his proposal. The issue of how to proceed with his request for final payment was discussed. It was decided the check will be cut when the work is completed. Bill and Bob will do a final walk-around before payment is made.

Elizabeth Kirkpatrick informed the Board she started a petition to add Fireworks as an item for next year’s ballot. The Board suggested she contact Deb Markowitz’s office regarding the process for getting the item on the ballot.

6. Executive Session

Bill motioned to enter executive session to discuss a legal issue at 9:05 PM, John seconded the motion. All voted in favor.

John motioned to exit executive session at 9:13 PM, Charlie seconded. All voted in favor.

Bill made the motion ratify the settlement agreement by and between Gabriel Handy and the DDH/GSH Trust and the Town of Fairfax reached during mediation on Monday, June 29, 2009 by Bill Ormerod. John seconded the motion and the Board voted unanimously to accept.

5. Adjournment

Charlie motioned to adjourn, John seconded, all voted in favor. The meeting adjourned at 9:15 PM.

Respectfully submitted by Suzanne Lavallee,

Selectboard Administrative Assistant

Robert A. Horr, Selectboard Chair