NEWFANE SELECTBOARD
MINUTES
OCTOBER 2, 2008
NEWFANE TOWN OFFICE

PRESENT:
Selectboard: Guy Wachtel, Jeff Gouger, Joe Mandell, Piet van Loon, Gary Katz at 7:15 p.m.)
Also Present: Virginia Grabowski, Brian Slano, Kraig LaPorte, Ed Druke, Tim O’Connor, Mike Fitzpatrick

1. CALL TO ORDER
The meeting was called to order at 6:30 p.m. by Guy Wachtel, Vice Chair.

2. MINUTES

The minutes of the September 18, 2008 Selectboard meeting were reviewed and the following changes recommended.

On page 2, under discussion of the Traffic Ordinance: It should specify that the change being made is to take out Stop Sign coming from Williamsville on Dover Road at the Arch Bridge, and to put a “yield to bridge traffic sign” there.

On the last page, third paragraph, the word “be” was omitted before “more than 10 days.”

Piet van Loon made a motion to approve the minutes as amended. The motion was seconded by Joe Mandell. The vote was unanimous.

3. ROAD BUSINESS

Road Foreman/Road Commissioner’s Report: See attached report.

Todd Lawley requested that they amend the agenda to allow Radway Hill discussions, as there was an attorney present. The consensus of the board was to allow for the opening of the sand bids first, and then discuss Radway Road.

Opening of Sand Bids:

The sand bids were opened by Guy Wachtel, and were as follows:

Fitzpatrick: 11.85 per yard, delivered.
Zaluzny: 11.17 per yard, delivered.
Cersosimo: 11.15 per yard, delivered.
Lane Construction: 14.49 per yard, delivered.

Todd and Christopher will go and look at the sand before a decision is made. Piet van Loon moved to table the decision until Todd and Christopher look at the sand. Joe Mandell seconded. Discussion: How soon the decision needs to be made before snow was discussed. Joe Mandell offered a friendly amendment to accept the lowest bidder, pending Todd’s recommendation after seeing the sand. In the event that the lowest bidder’s sand is unacceptable, the next lowest would be accepted, and so on. The amendment was seconded. The vote was unanimous.

Radway/River Road:

Piet van Loon made a motion to enter Executive Session for a legal matter at 6:45 p.m., and to invite others into the session as appropriate after discussion. Seconded by Joe Mandell. Unanimous.

Piet van Loon made a motion to come back into open session at 7:34 p.m. The motion was seconded by Joe Mandell. The vote was unanimous.

Piet van Loon made a motion for the board to engage an attorney to review documents regarding River Road at its junction with Radway Road. Seconded by Joe Mandell. Vote was unanimous.

4. SCHEDULED MEMBERS OF THE PUBLIC
Craig LaPorte, the new Station Commander of the Brattleboro Barracks was present to meet the board, and introduce himself. He went on to present a new quarterly contract for the Town of Newfane.

A question and answer period ensued.

5. UNSCHEDULED MEMBERS OF THE PUBLIC

6. NEW BUSINESS

Shannon presented a request from the Heritage Festival coordinators to close West Street for the Heritage Festival. Piet van Loon made a motion to approve the closing of West Street for Heritage Festival. The motion was seconded by Joe Mandell. The vote was unanimous.

A motion was made by Piet van Loon to enter Executive Session at 8:00 p.m. for the purpose of hiring a highway crew member. The motion was seconded by Joe Mandell. The vote was unanimous. The Administrative Assistant was also present for the Executive Session.

A motion was made by Joe Mandell and seconded by Guy Wachtel to come out of executive session at 8:18 p.m. The vote was unanimous.

A motion was made by Piet van Loon to hire John Snow as Highway Crew Member, at $13.50 per hour, pending positive final reference. The motion was seconded by Jeff Gouger. The vote was unanimous.

7. OLD BUSINESS

Cost Saving Discussion: The consensus of the board was to hold a Special Meeting for the cost saving discussion. Dates were discussed. Shannon will warn a special meeting for 10/22/08 at 6:30 p.m. at the Town Office, to review cost saving options received from the Finance Committee and discuss Financial Oversight Committee. Also discussed was the process for which the board will consider the cost saving options. It will be placed under Old Business on the next regular meeting’s agenda.

Williamsville Hall Change of Use Application: Discussion ensued regarding the Selectboard’s letter to the DRB asking for the re-opening of the evidentiary portion of the hearing. Discussion ensued. There is confusion as to whether the town should be applying, or the organization should be applying. It was suggested that the board go to the meeting and ask the questions there. Discussion ensued as to whether there needs to be a Change of Use Permit. Guy Wachtel made a motion to ask the Rock River Store, for any information that can be provided, had they provided it? There was no second.

Guy Wachtel made a motion to authorize Piet van Loon to look into the DRB process, and to authorize Gary Katz to write a letter to the DRB reflecting Piet van Loon’s findings, and also to try and obtain a list of what information will be needed for a solid plan. Vote was: 4-1. 1 abstention.

Old County Road: Joe asked what the status was, and how to enforce what a resident says they’re going to do. Shannon will remind Gary to call Frank Suponski and remind him about his agreement to remove the brush pile.

There was a motion to enter Executive Session at 9:28 p.m. by Guy Wachtel. The motion was seconded by Joe Mandell. The vote was unanimous.

Piet van Loon made a motion that Jeff Gouger be authorized to represent the Town on October 8, 2008 in a mediation session relative to the Nappi property tax appeal, and further, that the Treasurer be instructed to draw a check in the amount of $475.00 to the order of VDRS, Inc. to cover the town’s one-half share of the basic cost of mediation. Guy Wachtel seconded the motion. The motion passed unanimously.

Piet van Loon made a motion that the Chair be authorized to write Attorney Baron thanking her for her assistance to the town and indicating that her services will no longer be required. Jeff Gouger seconded the motion. Request was made by J. Mandell for a roll call vote: Aye: Jeff Gouger, Gary Katz, Piet van Loon, Guy Wachtel; Nay: J. Mandell. Motion passed 4-1.
Piet van Loon made a motion that the Chair contact Attorney Laurie Rowell indicating that the board voted to retain her to represent the town in the matters of the Radway Hill/River Road junction improvement and the Van Dyke/LaFlamme trailer. Jeff Gouger seconded the motion. A request was made by J. Mandell for a roll call vote: Aye: Jeff Gouger, Piet van Loon, Guy Wachtel; Nay: J. Mandell; Abstaining; Gary Katz. Motion passed 3-1.

Guy Wachtel made a motion that the Chair contact Attorney Phillip Woodward to notify him of the Board’s current understanding and position in the matter in which he is representing the town. Jeff Gouger seconded the motion. The motion passed unanimously.

9. CORRESPONDENCE: No Correspondence.

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:
10/01/08 –$518,390.27
09/25/08 - $771.00

Payroll:
10/03/08 - $2,939.08
10/01/08 - $3,072.47

IRS Electronic Payment:
10/01/08 - $976.76
10/08/08 - $1,008.00
10/08/08 - $541.36

15. ADJOURNMENT

A motion was made by Piet van Loon and seconded by Jeff Gouger to adjourn the meeting at 10:42 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)