“The
town is liable if the roadway is unsafe,” said Schwan.
“The town would be sued if the roads don’t meet
the minimum standards.”
Pearson
explained that Celestial Street needs some kind
of binding aggregate base to allow dust‑control
measures to be applied.
But
about 10 residents expressed anger over the improvement
proposal, stating they like the unfinished road
the way it is and that it fits with the character
of their neighborhood.
Questions
raised by those residents included: Why can’t more
caution signs be put up? Why does one small road
with little traffic, in a town with more than 45
miles of roads, make a difference regarding pollution
control? And, would the town consider vacating the
road and turning it into a private drive?
Pearson
replied to the signage question, stating if a “Dangerous
Road” sign was put up, the town would be admitting
there is a problem and further exposing it to a
lawsuit.
Francom
informed those present that air quality standards
aren’t broken down by volume, explaining the mandate
is what it is and that, once the town was told to
comply, they no longer had a choice in the matter.
On
the possible road‑vacation issue, Schwan said
if that’s what the people on that road want to do,
then they could bring it to town council for a public
hearing and vote. However, he reminded them that
they still would be subject to the mandate on dust
control and would have to pay for any road improvements
themselves. And, as a private drive, the town would
not be responsible for any associated costs.
One
resident asked about having the road monitored,
saying the number of trips on that road shouldn’t
warrant dust controls.
Neal
talked about a possible solution that would have
the least impact on the road’s appearance, but that
it would have to be re‑applied every six to
eight months.
It
was decided the residents would take 60 days to
explore all options and then have another meeting
with the town before any final decisions are made.