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JUNE 19, 2008

Selectboard: Gary Katz, Jeff Gouger, Joe Mandell, Peter Rysz, Guy Wachtel
Also Present: Judy Egan, Michael Gould, Shirley Pike, Ed Druke, Richard Hickey, Marcia Melnyk, Gunther Garbe

The meeting was called to order at 6:45 p.m. by Gary Katz, Chair.

The minutes were tabled until the next regular Selectboard meeting.


Motion was made and seconded to table Road Business with the exception of Excess Weight Permits, with the understanding that any member of the public can say what they want. Unanimous.

Jeff also mentioned that the back of the Road Foreman’s Report mentions the continuing problem with the recycling bins. Discussion ensued. Jeff will follow up with the Sheriff’s Department regarding the dumping, and the board will invite Doris to a future meeting, as Chair of the Windham Solid Waste Management District Board.

Excess Weight Permits:

Travis Bristol: G. Wachtel made a motion to approve the permit as applied for. The motion was seconded by P. Rysz. Unanimous.


Ernest Van Dyke – South Wardsboro Road Junk Ordinance Violation: As Mr. Van Dyke was not present for the meeting, the discussion was tabled.

Vermont State Police: The discussion was tabled until later in the meeting.

Marcia Melnyk - Old County Road Illegal Cutting: Marcia presented her letter and photos outlining her concerns regarding illegal logging, cutting, and road improvement to the Old County Trail. Discussion ensued regarding the damage that’s been done, as well as recurring damage that could happen as a result of the debris not being cleaned up.
Peter suggested writing Frank Suponski a letter, stating what transpired, what the town would like to see happen, and to note that if he doesn’t do it, and the town has to, he’ll be billed for the clean-up including the damage to the ditches, and the culvert.

Marcia pointed out that it might be important for the Town Forester to go up and take a look and mark which trees can’t be saved.

The board’s consensus was to schedule a site visit, and give Marcia Melnyk a few days notice to enable her to attend. It will be for Thursday the 26th or Friday, the 27th. Shannon will check with Bill Guenther and Rick White to see if one of those days would work with them.

Shannon to write a letter to Frank and Mr. Powling (Independent Partners), indicating that the board will be making a site visit later next week. Guy and Peter will attend the site visit.


Judy asked for clarifications on the two meetings regarding the Investigator. Gary explained that each party will receive a copy of the investigator’s report, and will have five days in which to obtain a court order to stop it from being public.

Ed Druke: Newfane Hill Common – Ed noted that Bill Guenther started marking the trees for removal, and wanted the Selectboard’s input. The Newfane Hill Common Committee feels that Bill is very experienced, and knows what he’s doing. The Committee would like to encourage him to keep going.

Energy Coordinator’s Meeting: Ed noted that he’d attended an Energy Coordinator’s Meeting, and was shocked to learn that some towns are proposing to charge a $5,000 building permit fee, and reducing it in grades down to $150.00 as to how energy efficient the building is, and that it didn’t seem right. He also noted that with cost increases, Williamsville Hall is going to cost upwards of $10,000.00 to heat next winter. His suggestion was to have the roof capped.

The board’s consensus was to ask the Williamsville Hall Committee to give some thoughts on energy conservation for the Hall. Gary to contact Jon Julian


Rick Hopkins was present to talk about the Vermont State Police contract for FY 2009. He presented copies to the board of State Police Activity in Newfane over the past year and summarized it for the board.

J. Mandell asked how often the State’s Attorney decides if a case is prosecutable. Rick Hopkins stated that it happens fairly infrequently, usually only when the Officer can’t determine if it is civil, or criminal. The State’s Attorney is Tracy Shriver.

Rick noted that he will be transferring to the Rockingham barracks starting July 1.

Discussion continued regarding income from tickets, weight restriction enforcement, contracted hours, and the relationship between the Vermont State Police and Windham County Sheriff’s Department.

Rick noted that there is some overlap between the Vermont State Police and the Sheriff’s Department and some commonalities. VSP has a contract, WCSD has a contract. WCSD does mostly speed enforcement, and dog stuff, but VSP does everything. Both are police agencies in the same town and have to work together. There are not enough resources alone to totally solve everyone’s problems. Most of the overlap is with motor vehicles.

Gunther Garbe asked who runs the risk of fuel cost variation. Rick replied that the State does.

Gary stated that they would be making a decision upon a recommendation from Jeff.


Sign off on Town Wage Increases: Gary reviewed the increases for town employee wages, noting that some wages were increasing by 3.3% and some by 4%. The board discussed one employee, who had started at a higher rate of pay than others, and has not finished his six-month waiting period. A motion was made by G. Wachtel to approve the Increases, leaving M. O’Donnell at $14.00 per hour. Peter seconded the motion. The vote was Unanimous.


Rules of Procedure: The board reviewed the draft Rules of Procedure and discussed concerns and possible adjustments. Rules can be amended by a board vote at any time. Also, the rules need to be readopted at each organizational meeting. Discussion ensued regarding the appropriateness of halting meetings to discuss procedure, the use of Roberts Rules, and other process-related issues.

Conflict of Interest: Tabled until next meeting.

Nappi Appeal: Motion by G. Wachtel to go into Executive Session at 8:43 p.m. to discuss litigation in relation to a real estate matter. Jeff Gouger seconded.

Discussion: Gary noted what correspondence would be brought up after the Executive Session. Guy suggested postponing the Executive Session until after Correspondence. The board agreed.

Gary read the following correspondence:

• Memo from Marie Caduto regarding the Rock River Swimming Hole erosion. G. Wachtel made a motion to approve the work to be done. Seconded by J. Mandell. Unanimous.
• Memo from Town Clerk regarding the purchase of a cash register. Motion made by P. Rysz to approve the purchase. J. Mandell seconded. Vote was unanimous.
• Letter from Norma Shakun regarding the agenda format for Selectboard meetings. Shannon will write a letter to Norma thanking her for her suggestion, and letting her

G. Wachtel made a motion to enter Executive Session to discuss litigation as it relates to a real estate matter. Seconded by J. Gouger. Vote was unanimous and the board entered into Executive Session at 8:53 p.m.

Motion by J. Gouger and seconded by G. Wachtel to come out of Executive Session at 9:00 p.m. Vote was unanimous.

Motion was made by J. Gouger to continue seeking the advice of counsel in regard to the issue of the Town of Newfane vs. Nappi. Guy Wachtel seconded. Unanimous.

10. PAY ORDERS: – Jeff Gouger made a motion to approve the pay orders as follows. Guy Wachtel seconded the motion. Motion passed unanimously.

Pay Orders: 06/18/08 - $100.00
06/20/08 - $46,302.17

Payroll: 06/11/08 - $2,966.88
06/18/08 - $2,806.22
06/20/08 - $678.96

IRS Electronic Payment:
06/18/08 - $940.26
06/25/08 - $121.44
06/25/08 - $943.03


Motion was made by Guy Wachtel and seconded by Peter Rysz to adjourn the meeting at 9:15 p.m. Unanimous.

Motion was made by Guy Wachtel and seconded by Peter Rysz to adjourn the meeting at 6:10 p.m. Unanimous.

Respectfully Submitted,
Shannon Meckle

Posted: Town Clerk's Office, Newfane Store, W.W. Building Supply,
S. Newfane/Williamsville Post Office and the South Newfane General Store & Deli.
(after approval)

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Route 30, P.O. Box 36, Newfane VT 05345, Tel. (802) 365-7772

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