Newfane Selectboard Minutes - November 5, 2009 PDF Print E-mail

NEWFANE SELECTBOARD MINUTES

NOVEMBER 5, 2009

NEWFANE TOWN OFFICE

PRESENT:

Selectboard: Gary Katz, Jeff Gouger, Todd Lawley, Christopher Williams, Dennis Wiswall

Also Present: Bill Guenther, Joe Mandell, Gunther Garbe, Ed Druke, George Weir, Jack Bell, Peter Hartshorne, Win Clark,

1. CALL TO ORDER Gary Katz, Chair, called the meeting to order at 6:30 p.m.

2. FINANCIAL REVIEW Maureen Albert-Piascik, Newfane Treasurer, was present to discuss the status of the budget to date. She also mentioned that the year-end audit was not received from the auditor yet. Maureen noted that she’d like to be present for the budget sessions this coming budget season. The board discussed the upcoming budget season and asked Shannon to check the calendar and set some dates for the board to choose from.

3. EXECUTIVE SESSION Richard Dudman, Zoning Administrator was present to request an Executive Session to discuss a legal matter that is before the Environmental Court. A motion was made by Jeff Gouger to enter Executive Session at 6:40 p.m. with Piet van Loon, DRB member; Richard Dudman, Zoning Administrator; and Shannon Meckle, Administrative Assistant in attendance. The motion was seconded by Todd Lawley. The motion carried unanimously. The Selectboard came out of Executive Session at 7:30 p.m. A motion was made by Dennis Wiswall that the board has been presented with a proposed resolution. We appreciate the proposal, and will be seeking legal advice for review of the proposal, in order to make an informed decision; said process beginning with the Vermont League of Cities and Towns. The motion was seconded by Jeff Gouger. The motion carried with four in favor and one opposed.

4. SCHEDULED MEMBERS OF THE PUBLIC Win Clark, Representative to Rescue, Inc. was present to report activities in the past months. A question and answer period ensued regarding budget increases. Win Clark noted that Newfane will be facing a 1.5% increase in the next budget year. Peter Hartshorne was present to appeal the denial of his variance request to the Excess Weight Permit currently held by Savage Trucking. Discussion ensued regarding the bridges and funding for bridges by the state. Bill Guenther was present to speak to the board about the Current Use Program, and the changes occurring due to economy changes. Joe Mandell asked about past exceptions made for certain trucks unable to change their weights, such as well drilling trucks. Christopher Williams noted that something needs to be done about the ongoing issue of 69,000 pounds being the weight limit, as it’s limiting what people can do with their property. Jobs aren’t going to be able to be done with the current system. Gary asked if Christopher’s point was that perhaps 69,000 pounds may not be realistic, to which Christopher agreed. George Weir addressed the board, and noted that log trucks are always over weight, and drive in Newfane. They are always between 95,000 pounds and 100,000 pounds. The policy could remain the same as long as there was a provision for granting variances based on axles and route to be taken, a more rational policy. He also noted that the board should provide documentation for saying that the bridge is deficient. Todd Lawley made a motion asking the State Bridge Inspector to inspect the bridge and notify the board whether the bridge can handle weights of 80,000 to 99,000 pounds, with extra planking to be provided by the homeowner, if necessary. The motion was seconded by Christopher Williams.

Discussion: Christopher reiterated that in the future, this dilemma will need to be addressed with more and more logging jobs in Newfane coming up. Rod Lamprey asked the board what they thought about the information presented. The motion carried unanimously.

Dave Moore, Emergency Management Committee presented the board with the yearly Emergency Management Plan for approval. He explained the plan to the board, noting that this was the best format that he’d seen for the plan. Todd noted that Dave Moore should be thanked for his work on this, and the many meetings that he attends for the town. The board thanked Dave Moore for all his work. Todd Lawley made a motion to approve the yearly Emergency Operations Plan. The motion was seconded by Christopher Williams. The motion carried unanimously. A motion was made by Todd Lawley to reimburse Dave Moore for the cost of having the Emergency Operations Plan copied. The motion was seconded by Dennis Wiswall. The motion carried unanimously.

5. MINUTES The minutes of October 15, 2009 were reviewed. A motion was made by Todd Lawley and seconded by Jeff Gouger to approve the minutes as presented. The motion carried unanimously.

6. ROAD BUSINESS Road Foreman’s Report: See attached report. After discussion, Todd Lawley made a motion to allow jersey barriers at the mid line of Dover Road, near the pull off for the purpose of building the covered bridge, as long as it’s okay with the State Safety Division. The motion was seconded by Christopher Williams. The motion carried unanimously. Guardrails: A motion was made by Todd Lawley to authorize Gary to write a letter to the insurance company noting that they need to respond immediately. The motion was seconded by Jeff Gouger. The motion carried unanimously.

Todd Lawley made a motion to ratify the decision made by the Administrative Assistant, granting variance to Bellevue Trucking for the delivery of material for the Covered Bridge project. The motion was seconded by Dennis Wiswall. The motion carried unanimously.

Access Permits: Three Access/Right-of-Way Permits were received from Mike Fitzpatrick for Mercede property. As the board was not informed of the properties, a motion was made by Dennis Wiswall to approve the three permits, pending acceptance by Road Foreman and Road Commissioner. Jeff Gouger seconded the motion. The motion carried unanimously.

Discussion ensued regarding a culvert problem on South Wardsboro Road. Joe Mandell asked the board regarding a courtesy sign regarding engine brakes on Baker Brook Road. Discussion ensued regarding the legal ramifications of putting those signs up, and also discussed the possibility of a noise ordinance. The consensus of the board was to wait until the minutes of the Special Town Meeting were available to ensure that they were not going against the wishes of the people. Todd notified the board that it’s time to test the Underground Storage Tanks at the Town Garage, by December 1. The board asked Shannon to arrange the underground storage tank testing.A motion was made to that effect, by Todd Lawley and seconded by Jeff Gouger. The motion carried unanimously.

7. UNSCHEDULED MEMBERS OF THE PUBLIC Piet van loon suggested that the board suggest to the Planning Commission to start working on the Accessory Dwelling section of the Zoning Bylaw. The consensus of the board was to direct the Planning Commission to begin working on the Accessory Dwelling portion of the Zoning Bylaw as quickly as possible. Dennis will contact them.

8. NEW BUSINESS There was no new business to discuss.

9. OLD BUSINESS There were no new updates on Old Business.

10. CORRESPONDENCE: Todd Lawley, West River Transportation: letter received regarding prior letter from Mr. Scott Dorman. No action was taken. Second letter from Scott Dorman received. No action was taken. The board felt that the Highway Crew does a great job on the roads, and that this letter deserved no response. Gloria Cristelli, Town Clerk: letter received regarding payment of Fish and Wildlife. Dennis Wiswall made a motion to authorize the Treasurer to cut a check for Fish & Wildlife as long as the funds are available in that account. Todd Lawley seconded the motion. The motion carried unanimously.

11. PAY ORDERSMotion was made by Dennis Wiswall to approve pay orders as follows. Jeff Gouger seconded the motion. The motion carried unanimously.

12. ADJOURNMENT Motion was made by Dennis Wiswall and seconded by Jeff Gouger to adjourn. The motion carried unanimously. Respectfully Submitted,Shannon Meckle Posted: Town Clerk's Office, Newfane Store, W.W. Building Supply, Williamsville Hall, S. Newfane/Williamsville Post Office and the South Newfane General Store & Deli. www.newfanevt.com (after approval)