NEWFANE SELECTBOARD
MINUTES
SEPTEMBER 4, 2008
NEWFANE TOWN OFFICE
PRESENT:
Selectboard: Gary Katz, Jeffrey Gouger, Joe Mandell, Piet van Loon,
Guy Wachtel
Also Present: Judy Egan, Virginia Grabowski, Gunther Garbe, Maureen
Albert Piascik, Ed Druke, Elana Baron, Richard Hickey, Tony Fratino,
David Moore, Daniel Kinoy, Todd Lawley, Christopher Williams, Shannon
Meckle
1. CALL TO ORDER
The meeting was called to order at 5:30 p.m. by Gary Katz, Chair. Gary
requested that a change in the agenda, moving the discussion of South
Wardsboro Road Junk Ordinance Violation to the portion of the agenda
that Radway Road would be discussed, allowing Attorney Elana Baron to
discuss both issues at the same time. The board agreed with this change
of agenda.
2. MINUTES
Gary noted that he had not been able to record the meeting of August
21, 2008, and therefore anything that other members could add, would
be appreciated. The board reviewed the draft minutes and made the following
amendments:
Gary mentioned that the suggestion come up for the board to hold pre-budget
meetings with the School Board; the board had agreed to review the cost-saving
suggestions; Gunther had provided the Westminster Town Class Four Road
and Trail Model to work from; and the board had read a letter from Blake
Prescott regarding the budget.
Joe mentioned that Sebastian Vonbulow, who’d been considering
buying the church, was also interested in the land around the church.
The land belongs to the town, and he’d sent a letter inquiring
as to whether the town was interested in selling. A motion was made
by Joe Mandell to send a letter to Mr. Vonbulow, stating that the town
was not inclined to sell. The motion was seconded by Jeff. The vote
was unanimous.
Jeff noted that the Guy made the motion to approve pay orders and the
motion was seconded by Jeff, and the vote was unanimous. He also noted
that Guy made the motion to adjourn, and Jeff seconded the motion, and
the vote was unanimous.
Joe Mandell made a motion to approve the minutes as amended. Guy Wachtel
seconded the motion. The minutes were approved with a vote of 4-1, and
one abstention by Piet van Loon, as he was not on the board at the time
of the meeting.
August 28, 2008 - A motion by was made by Joe Mandell and seconded
by Guy Wachtel to approve the minutes as written. The minutes were approved
unanimously, with the exception of the abstention by Piet van Loon with
regards to items 1, 2, and 3.
3. BUDGET STATUS REVIEW:
Maureen Albert-Piascik met with the board and reviewed the pay orders;
they discussed the balance of the general fund. She noted that she sent
$200,000 to the Newfane School, as a partial payment, and $95,000 was
paid out for the paving of South Wardsboro Road. Maureen reviewed her
conversation with Frank Rucker about the confusion around what Towns
are supposed to pay schools.
Maureen also requested that the town call a company to come and pump
the septic at the town office. The consensus of the board was that it
was okay for Todd to look into it.
4. ROAD BUSINESS
Road Foreman/Road Commissioner’s Report: See attached report.
There was discussion regarding the hiring of a new highway crew member.
There were differing recollections about whether to hire someone now,
in light of the budget constraints. Recollections tended towards hiring
new member. A motion was made by Joe Mandell to refill the position
as soon as possible. Guy Wachtel seconded the motion. The vote was unanimous.
A discussion ensued regarding the Stratton Hill Bridge and its dangerous
condition. The board’s consensus was to send a letter to the legislature
regarding the dangerous situation, as currently there is no state money
available. The first place to start would be with the Bridge Inspection.
Further discussion was tabled until the results of the inspection become
available. As to the letter to the legislature, the following people
will receive a copy of the letter: Dick Marek, the head of the Agency
of Transportation, and the Governor, as well as the two senators, and
the Chair of the Senate and House Transportation Committee. It was okay
with the board for Gary to sign the letters.
Todd noted that the new truck is coming within the next few weeks,
and the town will need to pay for the chassis. Maureen will be on vacation,
and will leave a blank check with Shannon in case the bill needs to
be paid in her absence.
Discussion ensued regarding roof repairs and re-venting at the Town
Garage. Todd will ask Frank about moving the pipe instead of doing a
larger project. There were no other concerns about having the job done.
Todd will ask Frank to have his insurance company fax an insurance rider
before work begins.
Piet inquired as to whether the Ford F-350 has a warranty. Todd noted
that there is a $50.00 deductible, but there is a warranty. Todd will
find out what the warranty is, and what it covers.
Gunther noted that Steepway Road is very narrow since it was ditched.
Joe Mandell requested that the board revisit the stop sign at the Arch
Bridge, and whether having a “yield to bridge traffic” sign
might be a more efficient option. Shannon will prepare the necessary
notice and advise the board at the next meeting.
Christopher Williams requested permission to speak to the board on
another subject. Permission was granted by the board. Christopher expressed
his concern regarding the Williamsville Hall and the Safety Violations
that were cited. He noted that some of the violations are serious, and
that the town should be discussing them, and possibly closing the Hall.
The board revisited the Agenda process, and chose to table the discussion
until the Williamsville Hall portion of the agenda.
Excess Weight Permits:
No excess weight permits were received. Shannon reported to the board
that she’d sent 3 of the 4 letters that were to go out, as one
company was not local, and no contact information was available.
Radway Hill/River Road: Elana Baron, Attorney, was present to speak
with the board with regard to this issue. Gary recused himself due to
a possible Conflict of Interest. Piet questioned whether the discussion
should be in an Executive Session because it’s a legal issue.
Jeff Gouger made a motion to go into Executive Session at 6:35 p.m.
The motion was seconded by Piet van Loon. Vote was unanimous.
A motion was made by Piet van Loon to come out of Executive Session
at 6:58 p.m. The motion was seconded by Joe Mandell. The vote was unanimous.
A motion was made by Piet van Loon to request that the attorney approach
Mr. Mercede to see if it’s possible to agree on some, if not all
points that have been raised. Joe Mandell seconded the motion. Vote
was unanimous.
The board felt that Attorney Baron had answered their questions on
both the Radway Road issue as well as the Junk Ordinance issue, and
Shannon will direct the board on what they need to do.
At 7:00 p.m., a motion was made by Piet van Loon to adjourn the meeting
for the purpose of convening the Public Hearing on the Town of Newfane’s
Zoning Bylaws. Guy Wachtel seconded the motion. The vote was unanimous.
A motion was made by Piet van Loon to recess the public hearing, to
be reconvened at 7:30 p.m. on September 18, 2008. Joe Mandell seconded
the motion. The vote was unanimous.
The board reconvened the regularly scheduled Selectboard Meeting.
5. SCHEDULED MEMBERS OF THE PUBLIC
David Moore was present to ask the board for approval of Newfane’s
Rapid Response Plan. He explained that it was an update of what had
been used for the past few years, with no substantive changes, besides
the names of the Selectboard. A motion was made by Piet van Loon to
approve the Rapid Response Plan. Guy Wachtel seconded the motion. The
board unanimously approved the Rapid Response Plan. David Moore mentioned
that they are working on getting together information for applying for
a grant.
6. UNSCHEDULED MEMBERS OF THE PUBLIC
Judy asked about Access Permits on the agenda. Shannon explained that
if she receives applications for Access Permits, she puts it on the
agenda, but doesn’t if there aren’t any.
Jeff stated that he noticed in Williamsville, where the fruit stand
was, there are several propane tanks (for an exchange) and wondered
if it is being used, or if they are just sitting there. Shannon will
contact Rob Goldenhill to find out if he’s keeping them there
for the reopening of the store.
7. NEW BUSINESS
8. OLD BUSINESS
Junk Ordinance Violation/South Wardsboro Road: Shannon explained that
the board needed to decide, at this point, whether or not to begin foreclosure
proceedings. Discussion ensued regarding expenses, and the ability to
recover those expenses. A motion was made by Guy Wachtel to begin foreclosure
proceedings, with the first step being to contact the attorney for action.
The motion was seconded by Joe Mandell. Discussion: Should the Selectboard
start research on the possibility of foreclosure? What court would it
end up in? Is it available to foreclose on? These are questions that
the board still has on this issue. The board’s consensus was that
they should inquire as to how much the attorney fees will be. It was
also the board’s consensus that there should be more research
into what is involved in this process.
An amendment to his first motion was made by Guy Wachtel to look into
the issues associated with the property, the assessed value, any liens,
and any other information needed to make an informed decision as to
whether foreclosure is in the best interest of the town. Joe Mandell
seconded. The vote was unanimous.
A motion was by Guy Wachtel to go into Executive Session at 8:32 p.m.
for the purpose of discussing the evaluation of a public officer or
employee. The motion was seconded by Joe Mandell. The motion carried
with a vote of 3-2.
Piet van Loon made a motion to exit Executive Session at 9:21 p.m.
The motion was seconded by Guy Wachtel. The vote was unanimous.
Jeff Gouger made a motion that Piet van Loon contact the attorney with
regards to the Junk Ordinance Violation, and to find out what documents
are needed, and what other/better options there may be to pursue. Piet
van Loon seconded. The vote was unanimous.
Williamsville Hall Change of Use Application: The Town/Community Store
has applied to the DRB for a change of use. Dan Kinoy reported that
there is a site visit and hearing scheduled for next week.
Discussion ensued regarding the application process and who is actually
applying. The board voted at the last meeting to apply for the Change
of Use for the group, because it is a town building.
There was further discussion regarding the violations to the Division
of Fire Safety Violations and how it relates to the Change of Use application.
It was suggested that perhaps the town should wait until all permits
and plans are in place, and then make a decision. The report had not
previously been reviewed by the board. It was the consensus of the board
to review the document and come to the next meeting prepared to discuss
the report
A procedural matter of whether the Fire Safety regulations should be
part of the discussion of Williamsville Hall Change of Use Application
was debated.
There were violations found, regardless of the intent of whoever called.
The seriousness of the violations was discussed. Piet cautioned that
the town needs to act cautiously, knowing that there are these violations.
The consensus of the board was to put this issue on the next agenda,
and the board to review the violations between now and the next meeting.
They also agreed to invite the Fire Chiefs to the next meeting.
Piet van Loon asked Shannon if there are reservations between now and
the next meeting. Shannon reported that there is one reservation between
now and the next meeting. After further discussion, Piet van Loon made
a motion to not allow the Williamsville Hall to be used (with the exception
of the Williamsville Hall Committee) between now and the next meeting,
at which time the board agrees to review the inspection report. Guy
Wachtel seconded the motion, but suggested a friendly amendment of not
allowing any new events between now and the next meeting, but allowing
the current reservations to stand. Amendment accepted. Discussion: Prior
action on this matter by the board was discussed. No action had been
taken previously, but the matter had been discussed. Joe Mandell noted
his distress with regards to the motion. Piet van Loon noted that one
way to reduce the risk is to limit the public’s access to the
building, and to create a plan and timeline for addressing these violations.
Dan Kinoy wished to register his objection to what he feels is an unfair
process, and would like to have all uninspected buildings that belong
to the town.
Jeff agreed with the amendment, noting his concern with people renting
the hall, believing that it’s a safe building; however doesn’t
think that it needs to be shut down, putting rentals at such an inconvenience…
would agree with not cancelling current reservations, but would agree
with not accepting any more between now and the next meeting.
Gary reiterated the motion for the board and the public: that the board
will review the document from the state, come prepared to discuss it
at the next meeting with the objective of figuring out where we go from
here, in the meantime we will honor the reservations existing, not accept
new reservations until the next meeting.
VOTE: The motion carried with a 4-1 vote.
Joe wished it to be a matter of record that it was improper to take
such a vote without it being properly warned on the agenda.
Gunther pointed out that there needs to be improvements in communication.
Discussion ensued. Ed Druke wished to comment that the discussion is
only regarding the change of use application.
Judy mentioned that it’s time to have the lift inspected again.
Oil Contract: Peter had volunteered to look into oil contracting, and
had asked Shannon to put together information on usage for last year,
and she had done that. Would anyone agree to take over that project?
Jeff agreed to take over the project, and the board was in agreement.
With board’s approval, the discussion of budget cutting discussion
was tabled to be the first item on Old Business next meeting.
Joe brought the board up to date on the tree cutting issue at Old County
Trail, a needy family was given most of the wood, through the Drop In
Center, and there is still a little bit of wood left for them to pick
up. Discussion related to the removal of the brush pile. The consensus
of the board was that the board can send a letter to Frank stating that
the board clarified its understanding in the last minutes; we understand
that it’s going along as agreed upon. We were going to clean up
the culvert, and that all he has left to do is to remove the brush pile
and remove the culvert, and also thanks for his cooperation.
Update on status of the Declaratory Judgment: A motion was made by
Joe Mandell to go into Executive Session for the purpose discussing
a document from the access to public records provisions, at 10:25 p.m.
Guy Wachtel seconded the motion. The vote was unanimous. Jeff Gouger
recused himself.
Piet van Loon made a motion to come out at 10:32 p.m. Guy Wachtel
seconded. The vote was unanimous.
Piet van Loon made a motion to authorize the Chair to maintain contact
with the attorney with regards to the legal matter before the town.
Guy Wachtel seconded the motion. The vote was unanimous.
9. CORRESPONDENCE:
- Windham Regional Commission 2008 Annual Dinner, 9/16/08, Piet van
Loon will go.
- VLCT Candidate Forum Toolkit. Shannon will keep it in the file and
will contact the School board later on in the year, to inquire.
- VLCT Vermont Municipal Policy for Annual Business meeting. Shannon
will be attending, and take a look at the policy.
- Decreasing expenses and increasing revenue from Bud Bergmann.
Discussion ensued regarding how the board wants to receive Correspondence,
and how it relates to making copies. The consensus of the board was
to leave it up to Shannon what should be copied and what shouldn’t,
in the effort to save paper, not copying everything. The board will
ask Shannon to use her judgment and if she thinks it’s something
we should see before the next meeting, she can let us know and put it
above the mailboxes.
Discussion ensued regarding the recycling bins. Shannon will set up
meeting this coming week with Doris, Tuesday with Guy and Jeff, during
the day.
10. PAY ORDERS: – Guy Wachtel made a motion
to approve the pay orders as follows. Jeff Gouger seconded the motion.
Motion passed unanimously.
Pay Orders:
04/04/08 - $24,214.78
04/03/08 - $249.96
Payroll:
04/03/08 - $1,393.22
03/26/08 - $3,084.97
04/02/08 - $3,006.24
IRS Electronic Payment:
09/03/08 – $ 976.76
09/10/08 - $ 574.98
09/10/08 - $ 965.80
15. ADJOURNMENT
Motion was made by Jeff Gouger and seconded by Guy Wachtel to adjourn
the meeting at 11:05 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)
