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NEWFANE SELECTBOARD
MINUTES
NOVEMBER 20, 2008
NEWFANE TOWN OFFICE

PRESENT:
Selectboard: Gary Katz, Jeff Gouger, Joe Mandell, Guy Wachtel, Piet van Loon
Also Present: Dan Kinoy, Virginia Grabowski, Ed Druke, Gunther Garbe, Richard Marek, Marc Gray, Todd Lawley, Jon Julian

1. CALL TO ORDER
The meeting was called to order at 5:30 p.m. by Gary Katz, Chair.

2. AUDIT AND BUDGET DISCUSSIONS
The board met with Auditor, John Mudgett to discuss audit procedures and the budgeting processes. A question and answer period ensued as well.

3. MINUTES
The minutes of November 6, 2008 were reviewed. A motion was made by Piet van Loon to approve the minutes. The motion was seconded by Jeff Gouger. The vote was unanimous.

The minutes of November 14, 2008 were reviewed. A motion was made by Joe Mandell and seconded by Piet van Loon to approve the minutes. The vote was unanimous.

4. ROAD BUSINESS

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

Recycling Bins: Discussion ensued regarding installing a fence around recycling bins. Guy will talk with Ed Druke, Jr. at W.W. Building Supply about getting the project moving. This discussion was tabled until later in the agenda.

Infrastructure Economic Stimulus Package Discussion: Gary went over the list drawn up by Gary, Piet, and Todd, which was in priority order. After reviewing the list, a motion was made by Piet van Loon and seconded by Joe Mandell to approve the list and to send it to VLCT and the area legislators as soon as possible. The vote was unanimous. Clarification was given that a fire alarm system was included in the “Safety Fixes at Williamsville Hall” line item.

The agenda was amended to allow Representative Richard Marek to speak to the board about road and bridge funding in the state. He noted that the state transportation budget is in real trouble and cuts are being proposed for local roads and bridges. Richard Marek also spoke about a possible gas tax to dedicate funds to roads and bridges. A question and answer period ensued.

Discussion ensued regarding the repairs on Beetlestone Bridge.

Discussion ensued regarding Class 4 trails and a possible ordinance for Newfane. The board will review Westminster’s ordinance, in detail for discussion at the next meeting. Shannon will try and find Marlboro’s ordinance and any state regulations.

Over-length Vehicles: Piet van Loon reported that he looked into the issue, and the State Statute is clear that towns have jurisdiction on over-weight vehicles, but over-length vehicles are under the auspice of the state. He reported that recently a truck was fined over $900.00 and had the ordinance been inclusive of Over-length vehicles, the Sheriff’s Department feels that the town could have received a percentage of the funds.

Opening of Sander Bids:
The board opened and reviewed the bids for a new sander.

TENCO: Hopper Spreader: $5,387.00; Option 304 Stainless Steel: add $1184.00. Bid is valid for 30 days.

Lucky’s: 8 ft. Fisher Hopper Sander: $3,264.00; for delivery add $125.00; for 26” Mild Steel Extended Chute Assembly add $154.00; for stainless steel option add $994.00; for stainless steel chute assembly add $224.00.

Piet van Loon made a motion to take the bids under advisement and take no action at this time, and to ask Todd and Christopher their recommendation. It was seconded by Joe Mandell. The vote was unanimous.

Recycling Bins: Jeff reported that he was not able to reach Sheriff Keith Clark. Gary noted that Windham Solid Waste Management District sent information indicating who they think is responsible for upkeep around the bins. Gary read the charter of the Windham Solid Waste Management District. There appears to be no formal agreement between the Windham Solid Waste Management District and the towns with regards to responsibilities. Discussion ensued.
Guy Wachtel made a motion to send a letter to the Sheriff regarding the illegal dumping at the recycling bins, asking him to contact Shannon and meet with a member of the board soon. The motion was seconded by Joe Mandell.

Discussion: Todd Lawley noted that a sign letting people know that they’re being watched by surveillance cameras might be helpful. Piet said he’s seen signs stating, “We have prosecuted _____ # of people for littering.” The numbers are changed each time someone is prosecuted. The only problem is that the town needs to actually have someone prosecuted to do that. The issue with a letter is that it would take too long. Piet recommended that the Chair contact the sheriff and meet with him.

Guy withdrew his motion. If Gary fails at getting the answers, the letter can go out.

Piet van Loon made a new motion to authorize Gary to contact Keith Clark, in the event that he is not successful, Gary is authorized to contact the State Police. Joe Mandell seconded the motion. Discussion: Marc Gray noted that mowing is a problem with the papers on the grass, but wanted to caution against accusing someone of littering if a piece of paper falls out, as they sometimes do when the bins are full. Jeff noted that in the past, he’s brought evidence to the Sheriff’s Department with no follow up or action taken by the Department. The vote was unanimous.

Whitcomb’s Paving: Discussion ensued, as nobody ever responded to the town’s requests. Todd will call the Quality Control person and find out what their plans are for fixing this problem. If this step is not successful, the board will contact the attorney currently working with the town. After Todd reaches someone by telephone, the board will follow up with a letter reiterating the conversation and the outcome, copying the attorney. The letter will state that the board fully expects Whitcombs to comply with the warranty, and if they do not comply, the next communication will be directly with the attorney.

5. UNSCHEDULED MEMBERS OF THE PUBLIC
Snow Removal: Marc Gray presented a bid for shoveling sidewalks for the winter. He asked the board whether, in light of the safety inspection done, there would need to be shoveling above and beyond what was done at the Williamsville Hall last year. All exits need to be cleared and he felt that the price difference would be substantial, especially when the snow falls off the roof.

Discussion ensued as to whether all door ways need to be cleared, or only marked emergency exits; which exits should be cleared, and for what distance.

Todd and Guy are going to look into the situation. A motion was made by Guy Wachtel to accept Marc’s Proposal for snow removal, salting and sanding as necessary, and removing the said additional five feet, at $27.00 per hour and on the other side, clearing the stairs and an area for standing. The motion was seconded by Joe Mandell. Discussion: Clearing the stairway to the kitchen will continue to be done, with a space for standing at the bottom. Cost difference was discussed. It was suggested that if the building were shut down for the winter, it would not cost the town for snow removal. After further discussion, the motion carried unanimously.

Jon Julian spoke to the board about the Traffic Calming Committee, and the traffic cones they had requested authorization for. The board had authorized purchasing traffic cones, and Jon wondered what the status was. Discussion ensued regarding when they’d been ordered, and why they hadn’t arrived. The type of delineator was also discussed. It was noted that they’d been approved and ordered, but nothing ever arrived. Jon Julian questioned whether there was a statute of limitations on the funds appropriated for this purpose. It was the consensus of the board that they would honor the decision made by the former board. Jon Julian will contact Chris Petrak for information and come back to the board. Shannon will have the minutes available for when they made the prior decision.

6. SCHEDULED MEMBERS OF THE PUBLIC

7. NEW BUSINESS
Gary noted that a new Zoning Administrator has been hired. Richard Dudman will start on Monday. Richard has requested to be taken around to see issue areas in town. The Planning Commission did a fine job interviewing the preliminary candidates. Two were interviewed by the Selectboard subsequently, and either candidate would have been fine, but the board feels they made a good decision.

Junk Ordinance for Proper Procedure: Discussion was tabled.

Piet noted that in the town’s right-of way, there are two small signs advertising a business that is some distance from the business. They do not meet state regulations or town zoning regulations. Discussion ensued regarding the proper steps to take with this issue. The issue of signs on motor vehicles was also discussed. They are related but different issues. Piet will do more research and come back to the board.

Piet van Loon noted that there are approximately 30 duplicate poles belonging to Fairpoint. The poles belonged to Verizon before the purchase. Verizon had promised they were going to take them out. The statement was repeated several times. Jeff noted that he was in a meeting recently, where they discussed this, and there is a case in front of the Public Service Board where they would be removing 8,700 duplicate poles by November of 2011.

Gary noted that Rescue, Inc. has indicated that they want to increase the amount of payment for Newfane, starting July 1. Gary gave a brief history of the payments. Discussion ensued regarding the appropriateness of the discussion given that it wasn’t on the agenda. It was suggested that the board invite a representative of Rescue, Inc. to a future meeting for further discussion. Gary will ask Shannon to contact Rescue, Inc. representatives to invite them to the next meeting.

8. OLD BUSINESS

Williamsville Hall Safety Inspection: Dan Kinoy updated the board that they are continuing to work out a schedule for meeting with Piet and Guy. Jon Julian spoke to the board about the licensed electrician who came to inspect the Hall before. Discussion ensued regarding the electrician’s report. It was noted that the board decided at the last meeting that Jon Julian would be reimbursed for the cost of the electrician. Piet noted that it’s now up to the Selectboard and the Williamsville hall Committee to make some decision as to what will be done, when and by whom. The consensus of the board was to ask Shannon to get in touch with Steve Jones, and let him know that if the Fire Department still has concerns, they should get in touch with Brian Johnson and follow up that way and in the meantime, let Dan and the two Selectboard members work together.

Williamsville Hall Change of Use Application: Although there was no update, the time frame for meeting conditions was discussed.

Zoning Administrator Training: Discussion ensued regarding who provides the training for the New Zoning Administrator. The consensus of the board was that John Feifel will help the new Zoning Administrator and Piet will help where he can.

South Wardsboro Junk Ordinance Violation: The consensus of the board was that the trailer should be removed as soon as possible. Shannon will direct the board at the next meeting as to where the town stands on the legality of removing the trailer.

Animal Control/Sheriff’s Department: A letter was received from the Sheriff’s Department that they will no longer be doing animal control as of July 1. Discussion ensued regarding the monthly report of what the Sheriff’s Department has done for the town. The board will ask Shannon to share the monthly report.

DRB Candidates: Gary gave an overview of the DRB Candidates and the process for which they will be appointed. A motion was made by Joe Mandell to give the chair of the Development Review Board the okay for appointing members. Guy seconded the motion. The vote was unanimous. Gary will call David Cotton.

Gunther gave his resignation for Planning Commission as of March Town Meeting.

Junk Ordinance Violation - Wildwood Acres: Jeff had contacted the Sheriff’s Department on this issue as well. Jeff will forward the information to Gary for his meeting with the Sheriff.

9. CORRESPONDENCE:
VLCT: Letter from Trevor Lashua stating that the Legislature deferred cuts until they meet in January, due largely to the response from towns signing the resolution against the cuts. The letter cautioned however, that the cuts are not completely off the table, only deferred.

Dubois & King: Letter from engineering firm, stating interest in assisting towns with any projects resulting from the possible infrastructure stimulus package.

Criminal Justice Training: Letter stating that Vermont Constables who exercise law enforcement now need to be trained. The letter will be forwarded to Kevin Behan.

Joe noted that there was a typo in the minutes of the last meeting. Conversation Commission should be Conservation Commission.

Cheryl Baxley, Council on Aging: Discussion ensued regarding the letter. It was received and shared at the last meeting.

10. PAY ORDERS: – Joe Mandell made a motion to approve the pay orders. Guy Wachtel seconded the motion. Motion passed unanimously.

Piet van Loon questioned the legality of delegating the appointment of DRB members to the DRB Chair. Discussion ensued about whether the Selectboard needs to interview candidates, and who would be available to interview. Jeff and Gary will conduct the interviews. Shannon will coordinate dates and times. Piet will call David Cotton.

The board set December 11, 2008 from 6:30 p.m. – 8:30 p.m. for a special budget meeting.
They will set further meetings at that meeting.

15. ADJOURNMENT

Motion was made by Joe Mandell and seconded by Guy Wachtel to adjourn the meeting at 9:46 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)

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