NEWFANE SELECTBOARD
MINUTES
JULY 2, 2008
NEWFANE TOWN OFFICE
PRESENT:
Selectboard: Gary Katz, Jeff Gouger, Guy Wachtel, Joe Mandell, Peter
Rysz
Also Present: Ed Druke, Chauncey Berdan, Judy Egan, Gunther Garbe, Michael
Gould, Virginia Grabowski, Frank Suponski, Steve Levine, Myra Fassler,
Jon Julian
1. CALL TO ORDER
The meeting was called to order at 6:30 p.m. by Gary Katz, Chair.
2. MINUTES
June 19, 2008 – The board reviewed the minutes. J. Mandell made
a motion to approve the minutes as written. G. Wachtel seconded. The
minutes were approved unanimously.
June 30, 2008 – The Board reviewed the minutes. G. Wachtel made
a motion to approve the minutes as written. Joe Mandell seconded the
motion. Discussion: Peter commented that there was an omission in the
minutes, he wanted it as a matter of record that he had objected to
the reporter from Brattleboro Reformer expressing her opinion, as she’s
not a resident of Newfane. Further discussion ensued, and possible changes
suggested. The vote was 3 in favor of approving the minutes as written,
1 against, and 1 abstention. Motion carried. Minutes were approved as
written.
3. ROAD BUSINESS
Road Foreman/Road Commissioner’s Report: See attached report.
Gary reported that he met with John Alexander at the Covered Bridge.
As the possibility of money from the state is still remote, John Alexander
suggested that the town use cold patch to fill in the holes in the deck.
So far, that is holding fine. John also suggested that if the town puts
the $55,000.00 into the deck, the State may decide to hold off on the
re-build for another 5 years. Todd noted that Renaud was going to try
to call the state and inquire about what happened. Also, he will try
to sell the lumber he’s ordered to get his money back.
Joe noted that Walter Phelps handed him a note stating that replacing
the planks on the bridge would be fairly simple. Todd responded that
they could do that but it brings them back to the fact that there’s
nothing to bolt the decking to.
Gary reported that John Alexander and he also visited Stratton Hill
Bridge, and two bridges on Hunter Brook Road, to check any abutment
deterioration, John said that if it looks like more separation occurs
at the base, we there are fixes that can be done to avoid any fines.
Excess Weight Permits: None Received.
Radway Road project: Gary signed the letter to Mercede, but the town
has not heard back. Peter noted that there has been concern about the
area not being marked as a private way, so the town faces liability,
Todd responded that they have placed rocks, trees, and signs blocking
it, but they continue to be moved.
5. SCHEDULED MEMBERS OF THE PUBLIC
This portion of the meeting was tabled to allow the Scheduled Members
of the Public to arrive.
6. UNSCHEDULED MEMBERS OF THE PUBLIC
Zoning Bylaw: Gunther Garbe and Chauncey Berdan were present to present
the Draft Zoning Bylaw to the board. They noted that the Selectboard
needs to schedule a hearing within the next 120 days. The board will
need to place a Legal Notice in the paper, hold the hearing, vote to
accept the changes, or send it back to the planning commission for further
action.
As it is the board’s responsibility to review the bylaw and suggest
changes, the board decided to take the Draft Bylaw for review, and tabled
the scheduling of the Hearing until the next meeting.
Judy asked why the Auditor had been meeting with personnel and members
of the board. Gary explained that the Auditor comes in each year to
get background information for planning the year’s audit. The
basic point was focusing on an issue that had been brought forth by
the previous board. No direction was given by the current board.
BACK TO SCHEDULED MEMBERS OF THE PUBLIC:
Old County Road: Frank Suponski was present to discuss Old County Road
and the letter he received from the board. He stated concerns about
Conflict of Interest. Frank agreed to take out the culvert and put a
water bar back in, and to go in and clean up all the trees, and take
the brush out of there. The board asked Todd what he thought about Frank’s
proposal. Todd noted that the only issue he saw was that the water bar
needed to be a little more defined. Gary asked the board that given
that Frank is willing to do what needs to be done, it strikes him that
the remaining concerns are issues that logically might be resolved among
affected property owners. Guy noted that she wasn’t happy about
the damaged trees, but noted that she couldn’t do much about that,
but felt that the Town has some responsibility since they gave Suponski
permission. Gary read Marcia’s letter regarding the damage that
she was concerned about as well as her wishes for mitigation.
Todd stated that his concern is that if the town gets involved in this
issue, it would create a precedent for every dispute on every private
road in Newfane.
Michael Gould noted that the difference was that this wasn’t
caused by mother nature, it was caused by man. The board scheduled a
site visit for July 17th at 5:45 p.m.
Frank said he would be willing to deliver the wood to Irving Pike’s
house, but that he would not be willing to deliver firewood to farther
destinations.
Discussion ensued regarding the board’s responsibility to deal
with disputes between neighbors, and whether this instance was different
because it occurred in a town right-of-way.
After lengthy discussion, the consensus of the board was that it is
the board’s responsibility.
Michael Gould noted that Marcia Melnyk’s intention was to turn
a negative situation into a positive one, by having the offender do
the work to mitigate the problem, and at the same time, benefit someone
in need.
WILLIAMSVILLE HALL:
Jon Julian noted that the General Store Group has been organizing an
LLC, they’ve met with the Health Dept., have hired an attorney
to help with the necessary paper work.
The Williamsville Hall Committee had questions regarding Use Policy,
as there is an inconsistency regarding the need for renters to have
insurance coverage. After discussion, the board decided to table the
discussion until it was warned specifically on the agenda, as well as
to give time for a VLCT PACIF underwriter to be able to attend.
Gary noted that Attorney Steve Saltonstall is reviewing the policy
coverage for the town as well, and hopefully that information will be
available as well.
The Store Committee noted that in an article written by Nicole Orne
for the Reformer, it was incorrectly stated that they asked the town
for money to build the outside staircase, and they wanted to reiterate
that anything that the store committee does will not cost the town any
money, and will be raised by the store committee.
Discussion ensued regarding the board’s willingness to approve
of the General Store before the Store Committee does more research work,
or money on projects.
Chauncey Berdan stated that he would like to see a total package presented,
regarding use, plans, in detail before any decision is made.
Myra Fassler noted that the Store Committee has been pursuing different
avenues, but that if we shouldn’t be, they should know that. If
the board approves of the concept, then the Store Committee can continue
to go ahead.
J. Mandell made a motion to approve of the general concept of a non-profit
general store in the downstairs of the Williamsville Hall, at no cost
to the town. G. Wachtel seconded. Discussion:
Gunther Garbe noted that this project is converting a social hall into
a commercial space, which is a change of use. A formal relationship
between the town and the committee needs to be formed. Gunther noted
that a commercial business cannot be operated within a municipal building,
and that they need to own the building separate. All that needs to be
decided before a decision is made.
VOTE: 4 in favor. 1 opposed. Motion passes.
Joe wanted to mention that Judy was instrumental in getting the Williamsville
Hall going and she should be thanked.
Discussion continued regarding the plans for the store, and the board’s
request for a full detailed plan for this concept. Jeff wanted to know,
if the town sold the building for a dollar, how the committee would
go about maintaining it. The board asked if the Committee could address
the points brought up during discussion in a detailed report by the
next meeting.
7. NEW BUSINESS
G. Wachtel made a motion to enter Executive Session. J. Mandell seconded.
Jeff and Peter were asked to recuse themselves.
Disscussion regarding the purpose of the Executive Session: Gary explained
that it was to sign an agreement with PACIF in relation to what’s
happening at this point in time, and that it is a standard procedure
that’s used in these types of cases. Joe questioned why this should
be in Executive Session. Gary stated that at the advice of the insurer,
we need to do this in Executive Session. Board entered executive session
at 8:32 p.m.
8:45 p.m. A motion to sign the non-waiver agreement was made by G.
Wachtel. J. Mandell seconded. Unanimous, with J. Gouger and P. Rysz
recusing themselves.
Rules of Procedure: Gary read the Roberts Rules handout printed by
Joe Mandell. Discussion about the use of Roberts Rules as it relates
to less formal boards, smaller boards. A suggestion that the board refer
to Roberts Rules as questions arise. G. Wachtel made a motion to adopt
the Rules of Procedure for Selectboards. J. Gouger second. Discussion:
The board will review what Joe provided. The Rules of Procedure can
be amended as needed. Unanimous.
Conflict of Interest: Tabled.
Law Enforcement Contracts: Jeff Gouger reported that after his research,
his suggestion is to cut the Vermont State Police Contract from 166
hours to140 hours, and award the additional hours to the Sheriff’s
Department, for weight enforcement and to specify directly, that those
extra hours go to only weight enforcement.
G. Wachtel moved to authorize Jeff to talk to Sheriff and see if he
can go along with the 26 hours of enforcement, and if so, he has the
authority to make that decision and sign the agreement, with the understanding
that it’s in addition to any excess weight enforcement that would
have already been budgeted by them. J. Mandell seconded. Unanimous.
9. CORRESPONDENCE:
Town Treasurer: Gary read Maureen’s email that outlined her concerns
regarding rumors circulating about her performance. The board will give
her a letter showing that she didn’t do anything wrong and state
openly at the Town Meeting that the deficit is not her fault. The board
didn’t feel that it was an unreasonable request. Gary asked if
it be okay with the board if he talked to Maureen. The board was comfortable
with that.
Jonathan Bodge: Gary read letter regarding property owner dispute.
The board look into it and respond. The board authorized Shannon to
write a letter, stating that the board will look into any possible remedies.
Laflamme/VanDyke: Peter Rysz went to court, representing the Board,
with the attorney, but Van Dyke/LaFlamme failed to appear. Arrest warrants
were issued.
Elana Baron needs the board to authorize her to contact the Judicial
Bureau to get three certified copies of the Original Judgements. G.
Wachtel made the motion. P. Rysz seconded. Unanimous.
Shannon will contact someone for prices on removing the trailer.
Overweight Truck Committee: Letter received from Judy Egan regarding
the committee. Motion made by J. Mandell and seconded by G. Wachtel
to renew the committee, with membership consisting of Bryan, Judy, and
Fred.
Discussion regarding the differences between committees, sub-committees,
and task forces.
Gary’s inclination was that, unless the board has a specific charge
for them, they don’t need to renew. In the absence of the board
having a specific charge, there will be no need to renew it. If there
are any other charges, they can reform it. The motion was withdrawn.
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: 07/03/08 - $11,121.35
06/30/08 - $5204.48
Payroll: 06/25/08 - $2,824.43
07/02/08 - $3,154.55
04/02/08 - $3,282.45
IRS Electronic Payment:
07/02/08 - $906.63
07/09/08 - $1021.67
07/09/08 - $612.86
15. ADJOURNMENT
Motion was made by Guy Wachtel and seconded by Jeff Gouger to adjourn
the meeting at 10:00 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. www.newfanevt.com
(after approval)