November 6, 2008
NEWFANE TOWN OFFICE
Selectboard: Gary Katz, Piet van Loon, Jeff Gouger
Also Present: Ed Druke, Ginny Grabowski, Jaime Cone,
1. CALL TO ORDER
The meeting was called to order at 5:30 p.m. by Gary Katz, Chair.
2. BUDGET STATUS REVIEW:
The board went though suggestions received from various residents.
No actions were taken.
A motion was made by Piet van Loon to approve the October 16, 2008
minutes. The motion was seconded by Jeff Gouger. The vote was unanimous.
A motion was made by Piet van Loon to approve the minutes of the Special
Meeting of October 22, 2008. The motion was seconded by Jeff Gouger.
The vote was unanimous.
4. ROAD BUSINESS
Road Foreman/Road Commissioner’s Report: See attached report.
After discussion of cars being parked in the road during plowing, the
consensus of the board was to send a nice letter saying we need their
cars moved to allow for plowing. If the cars are there, the roads will
not be plowed. It was suggested that perhaps the road should become
a class 4. Piet van Loon made a motion that the chair send a letter
indicating that the town has had a number of problems, and the board
has decided that the town will not plow if there is a problem with parking,
and to include a copy of the regulations. Joe Mandell seconded the motion.
The vote was unanimous.
Shannon will draft letter for Gary’s signature.
Todd, Shannon and Gary will get together and look at the budget to
see where they will be able to find the funding to pay for garbage removal
at the town office recycling bins.
Guy Wachtel made a motion to authorize Todd to purchase a security
camera for the Town Garage, on his credit card, to be reimbursed by
the town. The motion was seconded by Joe Mandell. The vote was unanimous.
After discussion regarding Sander bids for the Town’s one-ton
truck, and the budget, Piet van Loon made a motion to go ahead with
the bid process, noting that the board does not have to actually accept
any bids. Joe Mandell seconded the motion. The vote was unanimous.
Discussion ensued regarding the anticipated Covered Bridge replacement
next year, as it relates to the condition of Beetlestone Bridge, which
is on the detour. Area residents expressed their concerns regarding
the expected detour, and the lack of a temporary bridge being used.
At this time, the consensus of the board was that they had exhausted
all other possibilities, and any changes in plans at this time would
delay the project.
Radway Hill/River Road Project: The board went through the Attorney
Perra’s comments on the Draft Agreement drawn up by the town’s
prior attorney. The board also reviewed the draft agreement drawn up
by Mercede’s attorney. The following changes to the latter draft
agreement were made:
Paragraph #1: Add the word “Mercede” on the last line.
Paragraph #3: Each party shall obtain necessary permits relative to
its activity pursuant to this agreement and the town shall be responsible
for any necessary permanent signage.
A motion was made by Guy Wachtel that the board sign the agreement.
Seconded by Jeff Gouger. Friendly amendment offered by Piet van Loon
to approve the agreement as amended. Amendment to the motion was accepted.
Discussion: There was discussion related to the quality of the gravel
to be used. The vote was unanimous.
Class Four Roads discussion was tabled until next meeting. Shannon
will make sure that Westminster’s Class Four Road and Trail Policy
is ready for the members at the next meeting.
Guy Wachtel made a motion to allow Scheduled Members of the Public
to go before the Executive Session. The motion was seconded by Jeff
Gouger. The vote was unanimous.
6. SCHEDULED MEMBERS OF THE PUBLIC
Marshall Glickman was present to inform the board about upcoming tax
sales and to request that the board have a representative available
to bid on the properties in the event that there are no bids.
After further discussion, a motion was made by Jeff Gouger and seconded
by Guy Wachtel to be the last resort buyer of the delinquent tax sale
properties. Discussion: With regards to where the money would come from,
it was noted that the actual money does not change hands; it’s
a paper trail, as the money is owed to the town. The tax sales will
be held at 1:00 p.m. on December 3, 2008. The motion carried with 4
in favor and 1 opposed.
Piet van Loon made a motion to authorize the Chair to attend the tax
sale on behalf of the board. The motion was seconded by Joe Mandell.
The vote was unanimous.
Adam Gebb was present from the Marlboro Conservation Commission to
discuss wildlife travel corridors through Newfane.
Joe Mandell made a motion to contact the Conversation Commission with
the information for the project, and they’d be hearing from Adam,
and they should work with the Planning Commission. The motion was seconded
by Guy Wachtel. The vote was unanimous.
5. UNSCHEDULED MEMBERS OF THE PUBLIC
Dan Kinoy was present to ask the board for permission to plastic the
windows in the Hall for heating efficiency. The consensus of the board
was this was a great idea, and gave the go ahead. It was also the consensus
of the board that replacing the broken locks on the windows and to replace
a broken window pane.
The Hall Committee would like an email when the Administrative Assistant
takes a rental booking, to ensure that the work of the Committee doesn’t
interfere with rentals. Shannon agreed to email the Hall Committee when
taking a booking.
Dan Kinoy, on behalf of the Hall Committee, requested the Hall Rental
Fees be increased, leave resident fees the same and change non-resident
150.00 summer/175.00 winter.
Discussion ensued regarding the current security deposit amounts and
whether it was high enough.
Guy Wachtel made a motion to authorize changing Williamsville Hall
rental fees to $150.00 summer rate for non-residents, and $200.00 winter
rate for non-residents. Resident fees will remain $50.00 during the
summer and $75.00 during the winter. Non-profit community events are
no charge. Charge levied at 25.00 per hour for cleaning when not returned
in the condition it was found it, with a $250.00 security deposit required
by all renters, resident or non-resident. Motion was seconded by Joe
Mandell. Discussion: Dan Kinoy noted that he felt the $250.00 security
deposit would be too hard for some residents to come up with for a security
deposit, and was afraid of discouraging residents from renting it.
The motion was amended to be $200.00 for non-residents and $150.00 for
Piet suggested taking it up at the next meeting if there aren’t
any set figures. Motion carried.
6. EXECUTIVE SESSION
A motion was made by Guy Wachtel and seconded by Piet van Loon to enter
Executive Session at 8:40 p.m. The vote was unanimous. Jeff Gouger recused
A motion to come out of Executive Session at 8:45 p.m. by Guy Wachtel.
The motion was seconded by Piet van Loon. The vote was unanimous.
Upon coming out of Executive Session, a motion made by Guy Wachtel
to direct Attorney Phillip Woodward to take no action at this time,
as he’d recommended. The motion was seconded by Piet van Loon.
The vote was unanimous.
8. NEW BUSINESS
7. OLD BUSINESS
911 Coordinator Vacancy: Gunther reported that out of the three original
volunteers, two have dropped out, leaving the Administrative Assistant
as the remaining volunteer. Discussion ensued regarding what the pay
It was noted that it is logical to have the Zoning Administrator be
the 911 Coordinator, however in the absence of a Zoning Administrator,
it would make sense to allow Shannon to do it on an interim basis, in
order to make sure that the report gets done.
It needs to be understood that this should be outside the time spent
as Administrative Assistant. These hours would need to be above the
Administrative Assistant hours.
A motion was made by Guy Wachtel to hire Shannon Meckle as the Interim
911 Coordinator, until such time that a Zoning Administrator is able
to take over, and to prepare the overdue report for the state, at a
rate of $13.00 per hour, with the understanding that these hours be
over and above the hours she puts in as Administrative Assistant. The
motion was seconded by Jeff Gouger. The vote was unanimous.
The board asked the Planning Commission member present, Gunther Garbe
what the status was of the Zoning Administrator applications. Gunther
reported that there are 4 applicants that will be interviewed on the
11th of November, and the recommendation will be made at the next Selectboard
Gary noted that he’d received a call from the DRB Chair, David
Cotton, that they’re having a hard time reaching a quorum on the
DRB because there are not enough members, and the current Acting Zoning
Administrator is a DRB member and has to recuse himself. It was the
consensus of the board that an ad should be placed in the paper notifying
the residents that there are vacancies. The board also discussed holding
a special meeting to interview and hire a Zoning Administrator.
Williamsville Hall Prioritizing of Safety Violations: The list of violations
discussion was tabled. Discussion ensued regarding when to schedule
this discussion in order to give it the full attention it deserves.
Guy and Piet will continue to work with the Williamsville Hall Committee
on this issue. The objective is to be able to come back to the board
and suggest specifics, for them to make a decision. The two representatives
and the Williamsville Hall Committee will be meeting with the Volunteer
Fire Department to look at their concerns, and come back and make recommendations
to the board.
Williamsville Hall Change of Use Application: Update, Change of use
was granted by the Development Review Board with a list of conditions.
There is no update on the conditions being met at this point.
Recycling Bin Containers: The recent illegal dumping, along with a
picture of the person dumping, it was discussed. Jeff will get in touch
with both the Sheriff’s Department and the Vermont State Police
to inquire as to whether they will deal with this issue.
Traffic Ordinance Amendment/Stop Sign at Arch Bridge: The due date
for petitions to be received from residents has passed, and the stop
sign may be removed on Monday, November 17.
South Wardsboro Junk Ordinance Violation: There was no update, as
currently the attorney is working on the Radway Hill/River Road issue.
Ian Doak: Letter received regarding Junk Ordinance Violation on Wildwood
Acres. Gary to ask the Sheriff what the best way to handle this issue
Sheriff’s Dept. Effective July 1, 2009 the Sheriff’s Department
will no longer handle animal control issues. It was the consensus of
the board was to share the letter with Kevin Behan to get his reaction.
Town of Brattleboro: Letter received regarding No Bystander Resolution
recently adopted by The Town of Brattleboro. The board’s consensus
was to send the information to the schools for their use, and to send
a letter of support to the Town of Brattleboro.
Nappi Appeal: Court filing copy of the stipulation. Fair Market Value
at 356,000.00. This will be signed by the judge.
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: 11/07/08 - $755,198.92
Payroll: 11/07/08 - $3,514.57
10/22/08 - $2,994.10
11/05/08 - $3,312.17
10/29/08 - $3,636.30
IRS Electronic Payment:
10/29/08 - $976.76
11/05/08 - $1,224.94
11/12/08 - $1,101.68
Motion was made by Guy Wachtel and seconded by Jeff Gouger to adjourn
the meeting at 10:42 p.m. The vote was unanimous.
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