Any and all corrections to the following minutes will be made
at the next regular Board of Selectmen's meeting and are considered
unapproved until then. Corrections will be noted in the minutes of
that meeting.
MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
APRIL 20th, 2006
NEWFANE TOWN OFFICE
PRESENT:
Selectmen: Piet van Loon, Priscilla Cotton, Dan DeWalt, Patricia Halloran
and Gary Katz.
Also Present: Gary Katz, Gunther Garbe, Ellen Darrow, Tony Fratino,
Ed Mello, Priscilla Wright, Marilyn Tessier, Merle Tessier, Edward
Druke, Mike Fitzpatrick of Fitzpatrick Excavating, Walter Phelps of
Newfane Traffic Calming Committee, Attorney Stephen Phillips representing
Joseph Wright, Joe Wright, John Feifel, Chris Williams as Road Commissioner
and Todd Lawley as Road Foreman.
1. CALL TO ORDER
The regular meeting was called to order by Chairman P. van Loon at
6:35 p.m.
2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT
(1) The road crew is doing a good job and the roads are in good condition.
(2) Vic Benjamin Road (TH#64) - There is not enough room to put in
a town truck turn around at the end of the road. Todd will look into
having an agreement with Marchi about the use of the driveway as a
truck turnaround.
2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Board members reviewed the Road Foreman's report with Todd. None
of the items required any action.
(2) Todd also indicated that the planks on the River Road bridge (BE#48)
are coming up and need either repair or replacement.
(3) The advertisement for another employee for the Highway Crew needs
to be sent to the Reformer again. The additional person will bring
the crew back up to 5 members.
2. C. EXCESS WEIGHT PERMITS
Motion was made by P. Halloran and seconded by D. DeWalt to approve
the Fleet Excess Weight Limit permit until March 31, 2007 for A.S.
Clark and Sons for:
3 axle @ 60,000#
2 axle @ 33,000#
5 axle @ 80,000# Unanimous. Current Certificate of Insurance was included.
Motion was made by P. Cotton and seconded by P. Halloran to approve
the Fleet Excess Weight Limit permit until March 31, 2007 for Derrig
Excavating, Inc. For:
2 axle @ 35,000#
3 axle @ 60,000#
4 axle @ 69,000#
5 axle @ 80,000# Unanimous. Current Certificate of Insurance was included.
3. SCHEDULED MEMBERS OF THE PUBLIC
A. APPOINTMENT - ZONING ADMINISTRATOR - G. GARBE
At the recommendation of the Planning Commission, motion was made
by P. Cotton and seconded by P. Halloran to appoint Katy Robinson
to serve as the Zoning Administrator for the Town of Newfane for a
three year term ending in March of 2009. Unanimous.
4. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Ellen Darrow - At a previous meeting, spoke to the Selectboard
about a continuing problem within the community regarding "junk"
and "junk vehicle" on various properties. Chairman van Loon
will draft a general letter be sent to a list of all potential property
owners that are in violation of the Junk and Junk Motor Vehicle Ordinance
. The violation for junk vehicles is if there are three or more unregistered
junk vehicles visible from the travel portion of a public highway.
It is possible for a property owner to apply for a junkyard permit
which would need to be properly screened.
2. E. PAVING - LANE CONSTRUCTION
Chairman van Loon will stay on top of the situation by contacting
Patrick Paul and Larry Underwood of Lane Construction again to get
the matter of the poor paving job (October 2005) that was done on
Grimes Hill Road (TH#5) resolved.
2. H. OTHER ROAD BUSINESS
(1) The Selectboard has received two proposals from Fitzpatrick Excavating
for work to stabilize the Grimes Hill bank, ditches and culverts and
road repair. The prices ranged from $189,000 to $200,000. A quote
from Lane is included in the proposal for reclamation and paving.
The town has submitted a Class 2 grant application to the state for
this project.
(2) J. Mandell spoke of the waste paper and debris around the recycling
containers. There is a fence there now that was put up by the Windham
Solid Waste District along with the mesh fencing that is attached.
It was suggested that the fence be extended on the sides along with
the mesh to keep the waste paper from blowing around the yard.
(3) The lawn that was damaged by the town plows will be replaced at
the Sylvia Kinney property on South Wardsboro Road (TH#1) by Todd
and the crew.
(4) A proposal will be forthcoming fro Mark Gray for the mowing of
the lawn at the Town Office and at Williamsville Hall as well as the
town owned cemeteries.
5. OLD BUSINESS
B. (2) TRAFFIC ORDINANCE
D. DeWalt asked about the changing of the speed limit sign on Baker
Brook Road (TH#19) to 25 mph for trucks. The Traffic Ordinance will
need to be changed. Todd Lawley has also produced a list of places
where there needs to be stop signs put up at intersections. These
changes will be incorporated into the Traffic Ordinance to be adopted
by the Board and be effective within 60 days of adoption unless a
petition is received for a special town meeting.
6. A. APPOINTMENTS
E. Druke did sign the appointments for the Emergency Management Committee
and for the Town Energy Coordinator but has decided to resign from
both positions. Chairman van Loon read the letter of resignation.
Motion was made by P. Cotton and seconded by P. Halloran to accept
E. Druke's resignation as a member of the Emergency Management Committee
and Town Energy Coordinator. Unanimous. The Board will be looking
for someone to serve in each of these positions. EMC may have a suggestion
that they will give to the Board.
3. SCHEDULED MEMBERS OF THE PUBLIC
B. TRAFFIC CALMING - WALTER PHELPS
Walter Phelps indicated that the Traffic Calming Committee will research
the legal use of Adelineators@ on town highways and get back to the
Board with their findings with potential possibilities. Sources of
information would be the VT statutes and Vermont Local Roads. Board
members agreed to the suggestion of having the TCC look into a more
active role for the Constable with traffic enforcement. The TCC will
get back to the Board with their findings.
B. Attorney Stephen Phillips/Joseph Wright - Attorney Phillips gave
some background information regarding Joseph Wright's history of an
application for a garage to store his equipment and his appeal of
the denial to build the structure. P. van Loon indicated that the
Zoning Bylaw requires that he have two-acres for each commercial venture
and he only has 3.6 acres. There is a house and a beauty salon on
the property as well as a sign for his excavating company. If a variance
is to be granted by the Development Review Board or the Environmental
Court to the appealant, all five criteria listed in 24'4469(a) the
facts need to be found and mentioned in the final decision. The Wright
issue is not a decision to be made by the Selectboard, but is to be
determined by the DRB.
5. OLD BUSINESS
A. SIGN EMPLOYEE WAGE INCREASE SHEET
During the budget process the Selectboard made the decison to give
employee a 4.1% increase. Since that time some employees have left
employment, there has been a new hire and another employee has been
given an additional increase, all of which are noted on the wage increase
sheet. Motion was made by P. Cotton and seconded by J. Mandell to
sign and approve the Wage Increase Sheet for FY 2007 fo Newfane Employees.
Unanimous.
5. B. (1) PERSONNEL POLICY
P. Van Loon has been working on the Personnel Policy, using the Mendon
policy as a guideline, and has a few sections to review and would
like Board members to review them as well. Areas include - Holidays,
Discipline and Smoking Policy
5. C. OTHER OLD BUSINESS
D. DeWalt brought up the status of the Windham County Sheriff's Department
incident report. It is still not being done as requested by the Newfane
Board. Chairman P. van Loon will write a letter to Sheriff Prue regarding
that matter.
6. B. OTHER NEW BUSINESS
(1) D. DeWalt asked that the Selectboard sign another resolution of
the Town Vote on the impeachment article to deliver to the U.S. Congress.
It was an action by the voting townspeople. It was suggested that
D. DeWalt obtain a certified copy of that section of the Town Meeting
minutes from the Town Clerk.
(2) Acting Zoning Administrator has sent a letter of violation of
Zoning Permit to Phoenix Mgmt. Company . P.van Loon also suggested
that Act 250 be notified of a possible violation of an Act 250 permit
for this same property located on VT Route 30.
(3) The Morris Dancers would like permission to close West Street
(TH#1) and Church Street (TH#55) from about 4:00 p.m. to 7:30 p.m.
on Sunday May 28th. Permission granted.
(4) The Board would like to purchase an extended warranty for the
new Sterling truck that was recently purchased from L & B Truck
Center. Chairman van Loon will write a letter outlining the warranty
desired and get the proper paper work needed to sign.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached
report)
A. Item #5 - Board members discussed P. Rysz's concerns and the enforcement
of overweight vehicle traffic. The Department of Motor Vehicles will
need to be contacted as they have the portable scales that are needed
to weigh the excess weight vehicles.
B. None of the items listed required any action by the Selectboard
at this time.
8. MINUTES
Motion was made by P. Cotton and seconded by P. Halloran to approve
the minutes of the special meeting of 03/27/06, as written. Unanimous.
2. G. DRAFT FACT SHEET - COVERED BRIDGE (CB#17) FOR 04/27
A chronological fact sheet has been developed by J. Mandell from information
contained in the ever-growing covered bridge files. Board members
reviewed the information and made a few changes. Copies of the updated
information will be made available for the public meeting to be held
at the NewBrook Firehouse on April 27th beginning at 7:00 p.m. Roger
Whitcomb for Vtrans will be in attendance to assist the Board with
the discussion and to answer some questions.
9. CORRESPONDENCE
A. Selectboard members received a letter from Henry Pinckney regarding
matters concerning the NewBrook Fire Department and the Windham County
Sheriff's Department. A copy of the letter has been sent to Sheriff
Prue, NBFD and John Pyatak. A response to the letter will be sent
by Chairman van Loon.
B. The town has received a copy of the Entry of Appearance submitted
by ANR for the Kroka Expeditions Act 250 hearing.
C. Notification has been received for the state regarding a subdivision
of land on Lost Mile Road on property owned by David C. Work and Gina
M. Galassi.
D. Notification has been received regarding the decision of Judge
Merideth Wright of the VT Environmental Court regarding the C. Bergmann
Act 250 Subdivision.
10. PAY ORDERS
Motion was made by P. Cotton and seconded by P. Halloran to approve
the Newfane Payroll Warrants and the Accounts Payable Warrant for
the following amounts:
04/12/06 Payroll $ 4,567.82
04/19/06 Payroll $ 2,345.98
04/21/06 AP Warrant #20 $ 43,289.42 Unanimous.
IRS Electronic Federal Payroll Tax Payments
04/19/06 $ 2,005.49
04/26/06 $ 814.32
11. EXECUTIVE SESSION - IF NEEDED
No matters came before the Board that required the need of an Executive
Session.
12. ADJOURNMENT
Motion was made by P. Halloran and seconded by J. Mandell to adjourn
the Regular meeting at 10:20 p.m. Unanimous.
Posted: Town Clerk's Office, Newfane Store, Williamsville General
Store, and South Newfane General Store & Deli.
www.newfanevt.com
ROAD FOREMAN'S REPORT - April 20, 2006
1. Roads: We are gaining on mud season now. South Wardsboro (TH#1)
still has a little bit by the town line that we are watching. I took
the posted signs down on Newfane Hill Road (TH#20) Baker Brook Road
(TH#19), Parish Hill Road (TH#26) and Timson Hill Road (TH#41). Adams
Hill Road (TH#27), Penner Road (TH#) and South Wardsboro Road (TH#1)
are still posted at this time. We are grading a lot of roads at this
time. Dick has just started on the grader and is doing a good job.
Joe has been straightening up road signs that were leaning over and
replacing the posts that were broken. We did put up the Pickle Hill
Road (Pvt) sign and the Slow Children Playing sign on Loop Road (TH#76).
I had Cersosimo bring in 500 yards of gravel also.
2. Equipment: The F-550 has been at David Ford for front and rear
brake shoes and to have a short in the directional lights fixed. I
have redone an old set of grader specs and reviewed them with Doris.
The John Deere salesman was in and he thinks that we have enough money
in the budget to get an all wheel drive grader. I put in the bid to
list it as an option in case there is enough money for it. Then the
Selectmen can decide which way to go. The F-350 has gone to Norm Brooks
to be oil-undercoated. Most of the trucks and sanders have been pressure
washed and oiled as well.
3. I have made up a list of work to be done and have it posted in
my office for the guys to look at daily. I won't be in next week except
to make out the time. I have reviewed the list with the guys and Dick
will plan out the days work with Joe.
4. I have asked Bob Cable to work with the crew next week as well.
He said he will except for Monday.
5. We are watching the bridge problems and are still picking up lag
bolts on a regular basis. We have had some problems on Stratton Hill
Bridge (BR#42) with a contractor taking a ten-wheeler over it. He
has been told that it has to stop or we will have D.O.T. up there
to see him. We will begin to shovel off and sweep the bridges next
week so the fire departments can wash them off.
Thank you.
Todd Lawley
Road Foreman
To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: April 20, 2006
1. The new Highway Crew employee, Herb Edgerly, will be starting
on May 1st.
2. I have prepared the specifications for Todd for the purchase of
a new Grader for the town. He has suggested that the town include
the language that the equipment will not be purchased before July
1st of 2006.
3. Norm LaMoria was in to look at the light fixtures and to inspect
the type of insulation in the building. He will be able to do the
job to replace the lights. He was going to be in contact with P. Cotton.
4. Other than the e-mail that I forwarded to you, I have not heard
from D. Scott Newman of VTrans Historic Division about his visit to
view the Culhane Corner project.
5. Peter Rysz of Baker Brook Road was in to ask who the town uses
for an attorney regarding trucks. Spoke with him about the truck use
of Baker Brook Road/Parish Hill Road and he does want to keep the
covered bridge, but wants the Board to limit the use of the roads
in question to local truck use only.
6. I left a message with the AA from Mendon regarding their current
Personnel Policy and if there have been any changes, any problem areas,
etcetera, from the policy that Newfane is using as a model for a new
policy. She is on vacation this week, so I hope to hear from her sometime
next week with a response. I have copies of the Mendon 2000 policy
if anyone needs another one.
7. I am putting together a vacation schedule for the 19 days I have
to take before June 30, or I lose it. It may be some Mondays and/or
Fridays and the last two weeks in June. I would take the whole month
of June off but there are too many Lister things that need to be done.