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
MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MAY 17th, 2007
TIMSON HILL ROAD/NEWFANE TOWN OFFICE
Selectmen: Ellen Darrow, Daniel DeWalt, Joseph Mandell, Peter Rysz
and Guy Wachtel.
Also Present: Edward Druke, Bryan Donovan, Christopher Williams as
Road Commissioner, and Todd Lawley as Road Foreman.
1. CALL TO ORDER
The regular meeting was called to order by Chairman J. Mandell at
2. SITE VISIT - TIMSON HILL ROAD
VICINITY OF THE DONOVAN/RAYMO PROPERTY
Those present discussed the build up of the bank on the Raymo property
and how it affected Donovan’s land and house. Motion was made
and seconded to send a certified letter to Mrs. Raymo indicating what
the problem is; what will need to be rectified and the time in which
the project will need to be completed. Motion passes.
The meeting was recessed to the Newfane Town Office.
Selectmen: Ellen Darrow, Daniel DeWalt, Joseph Mandell, Peter Rysz
and Guy Wachtel.
Also Present: Herbert Edgerly, Richard Hickey, Ken Meckel, Edward
Druke, Bryan L. Donovan, Patrick Crowley of the Reformer, Fred Lawrence,
Ellie Applegate, Charles Bergmann, Peter Lilienthal, Joe Wright, Chris
Petrak, Judy Egan, Jonathan Julian, Christopher Williams as Road Commissioner,
Todd Lawley as Road Foreman and Doris Knechtel as Administrative Assistant.
The recessed meeting was called to order at 6:05 p.m. by Chairman
3. PERSONNEL POLICY REVIEW - VACATION & OTHER CONCERNS
The Highway Crew, other employees and full time elected officials
expressed their dissatisfaction with the new Personnel Policy and
the way that accrued vacation time is handled. A maximum of two weeks
accrued vacation time may be carried over on the employees anniversary
date. If not taken within the next year the time will be forfeited.
Board members indicated that they want to encourage everyone to take
vacation. The highway members take their vacation time during April
through November. Current employees receiving the vacation benefits
would prefer to go by the former personnel policy (06/04/92). Motion
was made by D. DeWalt and seconded by G. Wachtel to grandfather the
current employees receiving vacation benefits (highway, Admin. Assist.,
Clerk and Treasurer) as stated in the 06/04/92 Personnel Policy to
be able to accumulate 30 days (240 hours) as of July 1st of any calendar
year. Three in favor. One abstention. Motion passes. New hires will
be subject to the new policy (03/01/07).
Work Week - Motion was made by D. DeWalt and seconded by G. Wachtel
that the payroll work week shall be from Sunday through Saturday with
hourly employees being paid at the over-time after 8-hours per day
and over 40 hours per week. Unanimous.
4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT
• Highway Crew and contractors doing a good job on the flood
work and getting the roads back in shape
• Culvert on Parish Hill Road (TH#26) onto Hartshorne property
(across from Wachtel) needs to be cleaned out to the tree line. The
caretaker will be contacted by D. DeWalt
• Chairman Mandell will contact the Secretary of State about
enforcement of 19 VSA §1108 regarding Injury of highway
4. B. ROAD FOREMAN’S REPORT - (See attached
• Item #1 - Stratton Hill Road (TH#35) is almost completed.
Culverts have been up sized.
• Item #2 - Another rim broke on the 4900 International. That
is 6 so far on town vehicles. The Attorney General should be investigating.
The manufacturer should be ordered to recall the defective rims.
• Item #3 - There should be enough money in the highway structures
grant program, according to J. Alexander of District #2, to do a core
sample on the Arch Bridge #12.
• Item #4 - J. Alexander of District #2, will have someone from
the state to look at the covered bridge plank and end plate problem.
• Item #5 - FEMA will pay for 75% of the eligible costs for
the flood damage, state pays 15% and the town will pay 10% along with
a percentage breakdown for a portion of the administrative costs.
4. C. EXCESS WEIGHT PERMITS
Motion was made by G. Wachtel and seconded by E. Darrow to approve
the Excess Weight Permits for Lawrence S. Bills for:
2 axle @ 35,000#,
3 axle @ 60,000# and 5 axle @ 80,000# and
Fitzpatrick Excavating & Trucking, LLC for:
3 axle @ 60,000#,
4 axle @ 69,000# and 5 axle @ 80,000#.
There was a discussion of the posting of roads for mud season with
the occasional exception if roads are frozen in the early morning.
The exception should be in a written policy.
4. D. ACCESS/RIGHT OF WAY PERMITS - No action
4. G. UPDATE OF RADWAY HILL/RIVER ROAD
Steve Jerome of VT Local Roads will be contacted about his availability
for a meeting at the Radway Hill/River Road to discuss the proposed
options for improvements. When that is determined, other interested
parties, including District #2 representatives will be notified as
to the date and time.
4. H. UPDATE ON CULHANE CORNER
Steve Zaluzny, contractor for the Culhane Corner project, has asked
about having a pre-construction meeting. He will be contacted about
his availability and also Mary Culhane will be contacted to coordinate
a site meeting with them and other interested parties. The Board will
also speak with Brud Sanderson of Stevens & Associates regarding
the possibility of serving as the clerk- of-the-works and what the
cost might be.
4. I. SUGGESTED SIGNS AT BROOKSIDE
A petition has been received from residents living in the Brookside
area of Newfane asking that the Selectboard install various speed
control signs and improve the speed enforcement in that area. The
petition has been given to the Traffic Calming Committee for them
to look into and make a recommendation to the Selectboard.
A question was raised about the location of the existing delineators
that were set up in Williamsville Village to calm traffic.
4. J. OTHER ROAD BUSINESS
(1) The town of Brookline has asked if they can hire the use of a
Newfane driver and truck to assist in applying chloride to their dirt
roads. They will also pay for the chloride used. The Newfane Board
approves of the idea generally.
(2) Bridge #14 - P. Rysz mentioned that the weight limit on Bridge
#14 by the South Newfane Store should be reduced to 34,000# on the
bridge restriction list. T. Lawley will ask J. Alexander of District
#2 about his thoughts and have them in writing.
(3) Bridge #14 - The state has scheduled individual half-hour meetings
with the landowners to discuss the how the proposed plan will affect
each property beginning at 9:30 a.m. on Thursday, May 24th. Discussion
followed with the Board and landowners present that it should be an
open public meeting. Motion was made by E. Darrow and seconded by
G. Wachtel that a special meeting be warned for 9:30 a.m. at the site
to meet with Roger Whitcomb from VTrans. All in favor.
5. SCHEDULED MEMBERS OF THE PUBLIC
A. TRAFFIC CALMING COMMITTEE
Chris Petrak was present to discuss a recent meeting of the Traffic
Calming Committee. They did received and discuss the petition from
the residents of Brookside. Discussed:
• having three delineators in Williamsville in the area of the
firehouse, by Walter Phelp’s fence, post office and to have
them fastened to the pavement
• clear direction on signage - for instance sign by the Arch
Bridge confusing to some.
• enforcement is the most effective method of speed control
• other areas to be considered for delineator(s) - South Newfane
and/or West Street
Motion was made by D. DeWalt and seconded by E. Darrow to purchase
two additional delineators. All in favor. Current supply on hand,
three posts and two bases.
5. B. WILLIAMSVILLE HALL COMMITTEE
Judy Egan was present to discuss various concerns regarding the Williamsville
• status of grant program for historic village designation for
Williamsville and South Newfane;
• repair or replacement of the gas range in the kitchen;
• inspection of the lift for the Department of Labor and Industry;
• list of proposed suggestions for improvements to the Williamsville
Hall from 2004;
Motion was made by G. Wachtel and seconded by D. DeWalt to have the
committee review the list, determine what has been done, prioritize
what needs to be done and figure what needs to be contracted out and
what could be done by volunteers. All in favor.
Motion was made by D. DeWalt and seconded by G. Wachtel to authorize
the WHC to appoint a treasurer from among the members and to use the
hall fund for small purchases. All in favor.
The Board thanked Judy Egan for her continued support in helping with
the backlog of filing of Selectmen’s information. If she does
works does volunteer work for a full day, she may receive a lunch
7. MINUTES - No action
9. NEW BUSINESS
(1) DEVELOPMENT REVIEW BOARD - 4 Alternate positions. No action.
(2) REP. TO CONNECTICUT RIVER TRANSIT - No action.
(3) TOWN AGENT - No action.
10. ADMINISTRATIVE ASSISTANT’S REPORT - See
12. PAY ORDERS
Motion was made by D. DeWalt and seconded by Peter Rysz to approve
the Newfane Payroll Warrants and the Accounts Payable Warrant for
the following amounts:
05/09/07 Payroll $ 3,269.49
05/16/07 Payroll $ 3,031.99
05/17/07 Payroll $ 774.62
05/18/07 AP Warrant #22 $ 62,274.98 Unanimous.
IRS Electronic Federal Payroll Tax Payments
05/04/07 - 05/09/07 $ 2,047.22
05/07/07 - 05/16/07 $ 1,135.74
05/16/07 - 05/23/07 $ 1,053.16
8. A. SIGN FOR LINE OF CREDIT
(1) The Treasurer, Maureen Albert-Piascik, has received the paper
work for the Board’s signature for a $350,000.00 Line of Credit.
Motion was made by D. DeWalt and seconded by G. Wachtel to sign the
note with Chittenden Bank for $350,000.00 at 3.90 % per annum to be
mature on May 20, 2008. Unanimous.
8. C. OTHER OLD BUSINESS
(1) The Letter of Operational Conduct between the Town of Newfane
and Rescue Inc. For July 1, 2007 through June 30, 2008 has been received.
Motion was made by D. DeWalt and seconded by G. Wachtel to approve
and sign the Letter of Operational Conduct with Rescue Inc. And the
town for FY 2008. Unanimous.
(2) Brattleboro Area Community Land Trust, Inc. - Motion was made
by P. Rysz and seconded by D. DeWalt to have the Selectboard sign
the documentation to assign the mortgage documents from the former
Newfane/Dummerston Rehab Loan Fund to the Brattleboro Area Community
Land Trust, Inc. An to have them recorded in the Newfane Land Records.
8. B. FOLLOW-UP ON JUNK ORDINANCE
• Question whether M. Stephens has a license for his repair
business on Auger Hole Road
• Complaint from D. Marchi regarding an “old abandon bus”
on Vic Benjamin Road
• Photos received regarding accumulation of vehicles on Newfane
• Report will be forthcoming from the Judicial Bureau on the
LaFlamme/Van Dyke matter
9. B. ADMINISTRATIVE ASSISTANT
The search committee has been reviewing the AA Job Description. They
will be meeting on Tuesday, 05/22/07 at 6:30 p.m.
9. D. OTHER NEW BUSINESS
(1) Marc Gray - Mowing and trimming of lawns at Williamsville Hall
and Town Office and the town cemeteries on Memorial Day, 4 th of July
and Labor Day for an hourly rate of $25.00. Motion made by D. DeWalt
and seconded G. Wachtel to approve the rate of $25.00 for Marc Gray.
All in favor.
(2) Bill of $329.00 owed to the town for damage done to New Road by
property owners negligence on their drainage. Can the town enforce
payment and legal fees through small claims court? VLCT will be contacted.
9. C. REVIEW OF AUDITED APRIL FINANCIAL INFORMATION
Members present reviewed the April Financial information. Question
was raised regarding the overage on the Sewage Control Officer budget.
A letter will be written to J. Feifel to notify him that as of the
April statement, the line item is $4,000+ over with no resources to
continue to pay for his services. The state is supposed to take over
the process on July 1st.
11. EXECUTIVE SESSION - IF NEEDED
Motion was made by D. DeWalt and seconded by G. Wachtel 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.
ROAD FOREMAN’S REPORT
May 17, 2007
1. Roads: Flood work is still continuing. A lot of the base graveling
is done. Now it is time to put down the crushed gravel. We still have
some roads that we will need to get some ditching done with an excavator.
Timson Hill Road (TH#41) needs to have a lot of ditching done before
we put down the crushed gravel. It also needs to have two culverts
changed by Fawcett’s. We will probably get Alpine Meadows to
come in and do that work. Stratton Hill Road (TH#35) is all done except
for a little bit of driveway drainage work at the Bailey camp. Fitzpatrick’s
have put down crushed gravel and changed two culverts and ditched
it. It’s in the best shape that I’ve ever seen it in,
up to the turn around where we stop plowing. We will have to get more
culverts and hope that FEMA will pay for them as I have spent the
2. Equipment: The two F350’s have been to Brook’s to be
oil under coated. The 4900 International had another rim broke around
the wheel studs. It almost broke off all the wheel studs, and it did
damage to the brake drum as well. I have ordered the heaviest duty
rims that I could get and we will put all new rims on it when they
come in. The Sterling was at L & B to have a sensor changed and
have the oil and filters changed as well.
3. Arch Bridge: I got a call from Mark Sargent from AOT. Mark is the
one that the Selectboard met with at the bridge. He said that the
town needs to get hold of John Alexander to request money to have
some core samples taken on that bridge to see what kind of condition
the cement is in or to see if it is just gravel filled. I called John
and he thinks there is enough money left in structures grant program
to give the town enough money to get the core samples done. He will
also give the town a list of contractors who do that type of work.
4. I talked with John Alexander about the covered bridge as far as
what to do with the planks and end plates. He will try to get someone
down from the state to look at it and make a recommendation on how
get the runners to stay fastened down. I also asked him about the
town trucks going through it loaded and he said that was not a problem;
the bridge is rated for that. Joe and I talked to him about two projects;
Grimes Hill Road (TH#5) and Radway Hill (TH#4)/River Road (TH#15)
intersection. He and Joe Ruzzo said that they will come and look at
both projects when ever the Selectboard wants to meet.
5. FEMA Meeting: We did meet at the firehouse with the state reps
and FEMA reps. I will let Joe talk about the meeting.
6. I would like to rent a CAT grader for at least two more weeks.
I believe that FEMA will pay for any machinery that we need to complete
7. I am going to take the week of May 27th through June 2nd off. If
I need to meet with FEMA that week, I will come in to do that. I will
also be around for the Selectboard meeting on the 30th. Dick will
be in charge of the daily work. And I have made a list of things that
can be done along with the flood work.
To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: May 17, 2007
1. Culhane Corner - I have spoken with both the contractor and the
sub-contractor on the project and their prices have not changed. Steve
Zaluzney would like to have a pre-construction meeting sometime after
May 28th. I also received the Easement Deed from Attorney Perra for
the Culhane’s to sign. I have sent an e-mail to Mary as to how
she would like to proceed with the signing of the easement.
2. Items to be signed by the Selectboard this evening:
a. Two excess weight limit permits
b. Yearly Rescue Agreement
c.. Brattleboro Land Trust - Assignment of Mortgage Documents (Chairman)
d. Line of Credit
e. Pay orders