The minutes presented below are unapproved , subject to corrections and/or additions at the next Selectboard meeting. Those corrections and/or additions will be written to the original minutes. If you, the viewer, wish to personally see those changes, you will need to go to the Fairfax Town Office to view those changes as written on the original paper copy.

Any time the Selectboard "amends" the previous weeks' minutes, there will be a statement to that effect in the minutes of the meeting at which the "amending" occurred.

Fairfax Selectboard Minutes of 03/31/08

Selectboard Members present: Bill Ormerod, Judy Cleary, Randy DeVine, and Bob Horr. Staff Members present: Erin McSweeney, Administrative Assistant to the Selectboard. Public Present: Peg Stewart, Peter King, Mike O'Day, Colleen Steen, Bill Blair, Nick Blair,

1.Call to Order

Judy Cleary, Chairperson, called the meeting to order at 7:03PM.

2. Minutes

Bill motioned to accept the minutes from the meeting on March 24, 2008, as written. Bob seconded. All board members voted in favor.

3. Items on the Agenda

A. Randy DeVine - Randy did some extensive investigation as to where the source of the water leak is, in addition to his daily duties. He suspects that the leak is on the main line, and has narrowed it down to an area on Fletcher Road. He has taken many steps in an attempt to locate the leak including moving snow banks and chipping out curb stops 8 inches below frozen grade. He shut off the water to all the houses in the suspected area and checked the meters. He has also conducted pressure checks. A representative from the VT Rural Water Association will be assisting Randy on Friday morning.

B. Dave Yergeau & Ann Lemieux of the Fairfax Businessperson's Association - The FBPA would like to sponsor the July 4th fireworks this year. A warned article regarding funding for the annual fireworks was voted down by the registered voters who attended Town Meeting. Dave indicated that the fireworks would have to be done on behalf of the Town per the Bureau of Alcohol, Tobacco and Firearms. Dave needs a letter, as he has every year, indicating that he is representing the Town, and not providing the fireworks on his own. He also indicated that the check to the vendor would have to come from the Town; the FBPA would pay the Town, and the Town would issue payment to Northstar Fireworks.

Judy asked where the fireworks would be shot from; Dave indicated that Deanne Morin, a resident of Main Street, has offered a field on her property. Dave has not visited the site to determine if it is suitable. Bob asked Dave what date the fireworks have to be ordered by. Dave indicated that the price for materials will go up after May 1st. Bob indicated that he is concerned that Dave will not find a suitable site in time.

Randy motioned that the Selectboard support the Fairfax Businessperson's Association's request to shoot off fireworks. Bill seconded.

Bob asked the board if the current motion should be amended to support the logistical part of the fireworks; to comply with the federal regulations, the FBPA would be an agent of the Town to be able to pursue the purchase of fireworks.

Dave suggested the following motion: the Selectboard authorizes Dave to shoot fireworks for the Town of Fairfax, as an agent of the Town, if it is funded by the Fairfax Businessperson's Association. Bill seconded the amendment.

The board voted on Randy's motion; no board members voted in favor. The motion did not pass.

Bob motioned to authorize Dave Yergeau to shoot the fireworks off for the Town as a Town employee if it is funded by the Fairfax Businessperson's Association. Randy seconded. All board members voted in favor.

4. Other Business

A. The board reviewed pricing information from EPS for Household Hazardous Waste Day. Erin informed the board that APT Environmental is available to administer the event on Saturday, April 26th, between 8:00AM-noon. Bob motioned to change the date of Household Hazardous Waste Day to Saturday, April 26th. Randy seconded. Bill asked what time the event will take place; it will take place between 8:00AM-Noon. All board members voted in favor.

Judy would like to put the sandwich boards out in advance of the event. Bob suggested putting one by Nan's and one by the mini-mall. Judy indicated that people tend to see the signs when it is put on the corner of Fletcher Road and Route 104 by the blinking light.

Bob motioned to contract APT Environmental to provide services for Household Hazardous Waste Day on April 26, 2008. Randy seconded. All board members voted in favor.

The board will review the fee schedule at next week's meeting. Erin will contact Henry Raymond to post the date of the event on his website.

B. The board reviewed a site plan for Maple Hill Road. The board discussed a request from Skip Taylor, Zoning Administrator, to contact the Town's attorney to investigate modifying the stipulation. Bill motioned to approve Skip's request for permission to contact the Town's Attorney for permission to alter the stipulation dated July 6, 2005. Bob seconded. Bill indicated that he is in favor of Skip contacting the Attorney; however, he is not in favor of allowing the issuance of a second Certificate of Occupancy until the road is blacktopped. The developer is well aware of the requirements of the project. Bob asked if the road levels off between lots 1 and 2. Bill consulted the site plan. All board members voted in favor.

Bill motioned that the requirements set forth in the stipulation dated August 15, 2005, filed in Vermont Environmental Court, filed on July 6, 2005, to continue to not allow the issuance of a 2nd Certificate of Occupancy until the road has been blacktopped. Randy seconded.

Bob indicated that typically the board waits a year after the primer coat to accept a road so a second coat can be applied. Bob asked if the Town's requirements can be changed based on this request. He indicated that the developer is seeking the 2nd Certificate of Occupancy now. Bill stated that an adequate sub base and primer coat will be a good indication if the road is going to remain in place.

Bob suggested letting Skip call the Attorney, and then have Judy ask whether the Town is able to modify this plan so the road construction conforms to A-76 standards. Bob indicated that the road construction does meet the A-76 standards, but the construction practice used to keep the road in place does not meet the A-76 standards.

C. The board has reviewed the Water Use ordinance. This ordinance will remain in place; the board would like to spend time at next week's meeting to review this ordinance. Erin will contact VLCT and the Town of Brandon for examples of water use ordinances. Bob suggested that each board member should review the ordinance and decide what sections need to be revised, and then discuss the proposed revisions as a board.

D. Bob will be meeting with David Shea of All Metals, and Don Pigeon regarding metal recycling.

E. Randy informed the board that the Town's membership to the Vermont Rural Water Association is up for renewal, the cost of which is $225.00. Bob motioned to renew the membership for the Vermont Rural Water Association for $225.00. Bill seconded. All board members voted in favor.

F. Randy asked about how officials who have been elected or appointed to an office are notified. Donna informed Judy that people are notified if the race is contested. He also asked about write-in candidates. Peg suggested sending a letter of congratulations to the winners. Judy will follow up with Donna to find out who the Chairperson of the Civil Board is.

G. Randy expressed concern regarding the way public notices are advertised. He suggested that the board should be using the Fairfax News, as it is a local media outlet. Erin informed him that she does send notices to both Henry Raymond to be posted on his website. Bob suggested placing a notice in the Fairfax News every so often informing residents that used oil can be accepted year-round at the Town Garage.

H. Bob motioned to authorize the Fire Department to use the fuel at the Town Garage. Randy seconded. Bill indicated that the Fire Department should keep the cards they have for fueling stations in Town if fuel is not available at the Town Garage. Erin will issue a letter to Dean Potter.

I. Bill distributed a packet of information outlining the status of the legal cases that are pending. The board would like the Town's Attorney and the Attorney from VLCT PACIF to meet with the board to discuss which Attorney will be addressing which items.

J. Judy informed the board that she has spoken with Ted Cantwell regarding one of Mitch Bunnelle's dog who got after a neighbor's dog. Ted will issue a letter of violation of the Dog Ordinance. Judy suggested that the Constables should include a summary of their activities in the Town Report.

5. Public Input

A. Colleen Steen discussed the speed limit reduction request that the Town submitted to the State in June of 2007. The Town received a response indicating that the reduction was not recommended by the State. Colleen informed the board that there is a meeting on Monday, April 14th, in Montpelier, which is an opportunity for representatives from the Town to discuss the request with the State Traffic Committee. She indicated that the speed limit reduction request was submitted based on a suggestion by the Safe Routes to School program, which the Town is taking part in. Bill indicated that every child, parent and teacher at the school uses Route 104 to get to school, except for those who reside in the immediate vicinity of the school.

B. Peg Stewart attended tonight's meeting to distribute a draft of a lease of the "White House". The school board proposes a lease for 3 years, at a cost of $1.00 a year. Peg informed the board that the school's attorney has advised that the a lease of longer than 3 years would require voter approval, as a school district can not lease a building for more than 3 years. Peg indicated that an additional 17 year lease could be put to a vote next March. Peg indicated that the majority of the language of the lease is the same as the lease that is currently in place. She referred to #4 on page 2, which states which portion of the building can be used by the Town. It is her understanding that the Town, the school and the Supervisory Union do have items in the attic. Bill suggested that this section should be revised to state that the whole building can be used by the Town. Peg referred to section 6, letter "D" on page 3, which addresses external property maintenance. Peg indicated that the school would like to negotiate; the school will continue to do the mowing and the plowing in return for assistance from the Town with mass snow removal. Bill suggested that 6 "D" could be revised to state: "the lessor (school) would be responsible for grass cutting and general maintenance including painting, etc., in return for the Town providing snow removal services at the request of the school." Bob would like the board to ask Don about the proposed arrangement. Peg indicated that the Town would still call the school for assistance when there is a maintenance issue. The Selectboard will review the proposed lease and discuss it at next week's meeting.

C. Peg indicated that a 2nd coat of asphalt has not been applied at the Bus Garage. Judy will contact Don and ask him to look at the asphalt that is there.

6. Adjournment

Randy motioned to adjourn the meeting at 9:26PM. Bill seconded. All board members voted in favor. The meeting was adjourned at 9:26PM.

Erin McSweeney, Administrative Assistant to the Selectboard


The above minutes are unapproved , subject to amendment.

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