Selectboard Meeting 9.3.19


Minutes September 3, 2019

 BOARD MEMBERS PRESENT: Hendrik Van Loon, Christopher Williams, Michael Fitzpatrick, Shelly Huber, and Angela Sanborn.

OTHERS PRESENT:  Jay Wilson, Lynn Forrest, Thomas Abbotts, and Carol Hesselbach.


Hendrik Van Loon, chair, called the meeting to order at 6:00 p.m.




A motion was made by Ms. Huber and seconded by Mr. Williams to accept the minutes for the board ‘s August 19 regular meeting. Mr. Fitzpatrick noted that he was at the meeting but the minutes do not show that. Ms. Huber made a motion to amend the minutes to add Mr. Fitzpatrick as present. The motion passed 5-0.


Road Foremans and Road commissioner’s Report:

Chair Van Loon asked Mr. Wilson if he wanted to highlight anything in his report.  Mr. Wilson explained that only one man so far has expressed interest in repairing the stone wall on Cemetery Hill Road.  The other man was booking 2 years out.  Suggestions were made about others he could contact.  Mr. Wilson also advised that there is a meeting scheduled with Newfane Village to discuss the speed study.  A tree will be taken down

by a homeowner near the bottom of Newfane Hill Road on Thursday, it should take about 3 hours and signs are going up to notify residents . The milling in Newfane Village

should take place Thursday or Friday.  General discussion about a curbing issue and that the paving will take place probably next Tuesday.  The Renaud Brothers have finished

the culvert extension they were doing and the work came out well. Ms. Sanborn moved to accept the Road Foreman ‘s Report Michael Fitzpatrick seconded it.

The motion passed 5-0.


There is no Administrative Assistant ‘s report.




Lynn Forrest asked if she could be moved from New Business to Unscheduled Members of the Public.  Everyone agreed.  Ms. Forrest advised that the Planning Commission had received a grant and needed to complete the accounting.  In order to complete the accounting of the grant they need an updated Municipal Authorizing Official and Grant Administrator.  Since she is so familiar with the grant she has volunteered to be the Grant Administrator . The Chair is usually the Municipal Authorizing Official and one alternate is needed. Chair Van Loon nominated Ms. Sanborn and she agreed.  Ms. Forrest gave them the form to sign, then took it to have the Chair of the Planning Commission sign it and send it to the state.  She will have a signed copy sent to the Administrative Assistant.


Mr. Van Loon said that at the last meeting the board members agreed to review the Town’s Conflict of Interest Policy and come back with comments.  Is there anything anyone wants to have considered for change?  Ms.Huber had a letter from a constituent which she wanted to read . The constituent felt the policy should be that no one who served the Town in any capacity should be able to work for any business that provides paid services to the Town.  Mr. Fitzpatrick disagreed and was also unhappy that the constituent did not want her/his name given.  Mr. Williams also did not like no name attached to the letter. Ms. Sanborn had received comments from several people who felt the same way as the letter that was read and wanted to not be named.  She had also received comments from another person who felt there should have to be a different liaison between the company and the Town.  She and Ms. Huber had no issue with anonymity because Newfane is a small town. After discussion of the policy as written, no one had any suggestions for changes. Mr. Van Loon agreed to request that the policy be put on the website.


 Hunter Brook Road Bids: Only one bid was received . Mr. Fitzpatrick left the table as he cannot take part in the bid discussion. The only bid was from Fitzpatrick Excavating. Lump sum bid of $11,000.  Ms. Sanborn asked Mr. Fitzpatrick about the status of the Dover Road project.  Mr. Fitzpatrick answered that he did speak with Mr. Pickering and would be looking at it next week.  Mr. Wilson suggested that the bid be awarded tentatively while the Board waits for Mr. Pickering to review it. Ms. Huber made a motion to have Marc Pickering review the bid and with his approval award the bid to Fitzpatrick Excavating.  R. Williams wanted to add that the next bid should be handled the same way but after discussion it was agreed to deal with then separately. Mr. Williams seconded the motion.  Ms. Sanborn asked why the bid was different than the first bid Fitzpatrick made on the project. Mr. Fitzpatrick answered that time had passed. Motion passed 4-0 with one abstention.

Lynch Bridge Bids:  Two bids were received.  Fitzpatrick Excavating bid totaled

$42,000, Arneden Construction bid totaled $48,000.  Ms. Huber made a motion to accept the Fitzpatrick bid.  Ms. Sanborn commented that the board member already has two open projects and the bridge projects need to be done by October 1 which is cutting it close.  Mr. Van Loon asked how long would it take to finish the projects.  Mr. Fitzpatrick answered a week and a half.  He went on to say that he was not happy with the idea of the Town obtaining gravel this way, that it is pretty expensive gravel.  Mr. Wilson responded that this is the only way the State will allow the gravel to be removed from the stream.  Ms. Huber made the motion again to accept the Fitzpatrick bid if it is approved by Marc Pickering.

Motion passed 3-1 with one abstention.

After discussion, no one was sure if the motion had been seconded.  Ms. Huber made the motion again.  Mr. Williams seconded it.

Motion passed 3-1 with one abstention.


State of Vermont letter and Quit Claim deed about land near the Arch Bridge project. Mr. Williams explained that it is a little teeny comer near the old garage.

The State would not own the garage and the Town would be responsible for the upkeep. Mr. Van Loon indicated that the deed covered 1,357 square feet and Mr. Wilson indicated that the Town is receiving $1,000. Mr. Williams made a motion that the deed be signed by the Selectboard, Mr. Fitzpatrick seconded it.

Motion passed 5-0.

After the motion was passed discussion started about what the deed said and Ms. Huber felt she should read it before signing.  Ms. Sanborn wanted discussion to end because the motion was passed.  Ms. Huber requested that copies of such things be given to the Selectboard before they discussed them.  Deed was signed by all members.


Windham County legislators are inviting everyone to a meeting about broadband on September 11, 6-7 pm.  No action needed.

Letter from a woman who twisted her ankle leaving the Williamsville Hall after a performance.  The Williamsville Hall Committee will be present on September 16 to discuss it but Mr. Van Loon wanted the members to check out the lighting there at night as they passed by to get some ideas about how to light it.  Mr. Fitzpatrick suggested a couple of street lights would be helpful even for those driving by with all the parked cars and people crossing the street to the cafe.  Ms. Huber suggested requiring those who use the hall to provide crossing guards with flashlights. Discussion will be continued on September  16.

Mr. Van Loon announced that there will be a hearing September 13th @ 6 pm regarding the tree near the Williamsville firehouse which the tree warden believes needs to be removed.  It will be at the tree.

Discussion with BCTV regarding the plan for the Board to go into Executive Session after signing the Pay Orders. Since Mr. Van Loon did not believe that any decision would need to be made after the Executive Session, BCTV decided to leave.


Payroll Warrant No.11413 in the amount of $4,077.74

Payroll Warrant No.11414 in the amount of $7,094.01

Accounts Payable Warrant No. 20005 in the amount of $837,685.93 .

While the Board was signing the Pay Orders there was general discussion about the roadwork that was going to be done in the Village.

Motion made and seconded to approve pay orders.  Motion passed 5-0.

Mr. Van Loon explained that Mr. Wilson had brought him a copy of the speed study done by Windham Regional which he would have copied by Wannetta Powling and put in each Selectboard member’s box for them to review.

A motion was made and seconded to go into.Executive Session to discuss a Personnel matter at 7:25 pm.

The Board came out of Executive Session at 7:45. Mr. Williams made a motion to adjourn the meeting. No second required.

Meeting adjourned at 7:46 pm.

Respectfully submitted, Carol Hesselbach