Selectboard Meeting Minutes – July 16, 2018

JULY 16, 2018

BOARD MEMBERS PRESENT: Marion Dowling, Gary Delius, Mike Fitzpatrick, Shelly Huber, Christopher Williams
OTHERS PRESENT: Lynn Forrest, Bob McCandless, Hendrik van Loon, Angela Sanborn, Pete Novick, Ken Estey, Steve Tavella, Jen Stanchfield, Steve Jones, Todd Brown, Bob Fisher, Gunther Garbe, Gary Katz, Jay Wilson, George Knowles, Jan Knowles, Marc Gray
The meeting was called to order at 6:02 p.m. by Marion Dowling, Chair.
Discussion ensued regarding tabling the Selectboard Rules of Procedure topic. As there were many members of the public waiting to speak, the item was moved to the end of the agenda.
July 2, 2018: A motion was made by Mike Fitzpatrick and seconded by Gary Delius to approve the minutes. The motion carried unanimously.
Road Foreman’s Report: See attached report.

A motion was made by Gary Delius and seconded by Mike Fitzpatrick to accept the report.

Discussion: Jay Wilson noted that the Kenny Pond dam was a less elaborate design based on State recommendations.

Gunther Garbe noted that the town needs to have someone trimming the trees back again as cars are getting brushed.

The motion carried unanimously.


See attached report.

A motion was made by Christopher Williams and seconded by Gary Delius to accept the report. The motion carried unanimously.

There were no Unscheduled Members of the Public.

West River Valley Thrives: Steve Tavella, Director of West River Valley Thrives was present to introduce himself and give a brief overview of the organization.

The Planning Commission will host a longer presentation at a future meeting.

The Board thanked him for coming to present.

Richard Marek, Historical Society: Richard Marek, Vice President of the Historical Society of Windham County was present to discuss upkeep of the old Newfane Hill Common and related signage.

He noted that he tracked down the old sign and enlisted Gary Katz to make a new casing for the signs.

Another sign for the cemetery is torn in the middle and Barb Barber has agreed to do the calligraphy on the replacement.

Richard also noted that during his research, he discovered an additional town cemetery at the old common. It is currently overgrown . It is his hope that at some point it could be identified and cleaned out. Currently, he is able to identify 12 people that are buried there and eventually an additional sign could be added to mark the burial ground.

Richard Marek requested funding the material for the signs, which will cost between $200.00 and $300.00 as well as a load of fill to be dropped at the foot of the large marker by the Highway Crew. The Board requested figures. The Highway Crew will deliver the fill and Richard Marek will get a budget for the Board for the signage.

Gary Delius noted that during a recent DRB hearing for a property in that area, the DRB created a variance so that the view would not be blocked because there are a number of people that visit the area.

Shelly Huber indicated that she’d been appointed by the board to be the liaison. She noted that the common is being semi-maintained and wondered if what the Historical Society does would be gifted or donated to the town.

Richard noted that the property was deeded to the town in perpetuity in 1799 and feels that the Historical Society is able to help research and with sweat equity.

Discussion ensued regarding a meeting between the cemetery association, Shelly as town liaison, and the Historical Society to coordinate. It was suggested that they include the Conservation Commission as well. A date will be set in the future.

South Newfane/Williamsville Fire Department: Bob Fisher, attorney representing the South Newfane/Williamsville Fire Department was present to discuss the dissolution of the Fire Department. He noted their Bylaws dictate that all assets left over go to the Town of Newfane. One of the assets is the building. That building is subject of litigation.

Discussion ensued regarding possible uses for the proceeds, including building an addition to the town garage to house a fire truck on that side of town.

Bob Fisher’s recommendation was to consult with the town attorney and make a decision on whether to accept the proceeds or the actual equipment. This will be on the agenda again in the future.

Daniels Hill Road Association: Pete Novick was present to discuss the petition to request consideration of taking over Daniels Hill Road.

Shannon noted that a petition with the required signatures was received by the Town Clerk, however it was a photocopy of a petition and not the original. Peter will bring in the original.

Discussion ensued regarding the hearing process and the merits of taking over the road or not taking over the road.

A motion was made by Mike Fitzpatrick to accept the petition and set a hearing date and site visit for September 24, 2018 with the site visit starting at 4:00 p.m. and the hearing starting at 6:00 p.m.
The motion was seconded by Gary Delius.

Discussion: There was further discussion about the hearing process. The Board heard from the public on the issue as well.

Gary Delius called the question. The motion to call the question passed unanimously.

The motion to accept the petition and set the hearing carried unanimously.


Adoption of Town Plan: Gary Delius made a motion to adopt the Town Plan. Mike Fitzpatrick seconded the motion.

Discussion: Gary Katz noted that there were concerns from the audience that there was no opportunity for the public to speak. Discussion ensued. The Planning Commission will contact the person who wanted to speak.

The motion carried unanimously.


Traffic Issues: Jen Stanchfield noted that she met with Annie and Bud Bergmann. She thanked the Road Crew for placing the Brookside signs. People are already noticing it.

Discussion ensued regarding the Front Porch Forum discussions on traffic calming as well as other ideas that are being bounced around.

Purchasing Policy: A motion was made by Mike Fitzpatrick and seconded by Gary Delius to sign the Purchasing Policy. The motion carried unanimously.

Review of Rules of Procedure: Marion Dowling outlined a series of email discussions transpiring between she and Shelly Huber. She noted that she did speak with her after one of the last special meetings regarding the Rules of Procedure and whether people should need to raise their hands when wanting to be recognized by the Chair.

Discussion ensued regarding the Open Meeting Law and rules of order during the meetings. Suggestions were made regarding the balance between the public being able to voice their concerns and the Board being able to carry out their business.


• Thank you letter from Darlene Eisenhuth regarding Brookside signs.
• Zoning Activity.


A motion was made by Gary Delius and seconded by Mike Fitzpatrick to approve pay orders as follows:

• Accounts Payable Warrant No.19001 in the amount of $49,502.22
• Payroll Warrant No. 11349 in the amount of $4,273.95
• Payroll Warrant No. 11350 in the amount of $4,289.85

The motion carried unanimously.


A motion was made by Gary Delius and seconded by Christopher Williams to adjourn at 8:40 p.m. The motion carried unanimously.

Respectfully Submitted,
Shannon Meckle

July 16, 2018

1. The Brookside signs are up and Lafayette has replaced the rest of the road signs from the Dover line to So. Newfane Village. Lafayette will hopefully be back in town in the next month or so to finish some more guardrail work.

2. After having burglar alarms at the garage two weekends in a row, I had the alarm serviced and a faulty sensor was replaced as well as cleaning and replacing batteries in everything.

3. There was a meeting at Kinney Pond and at this point it seems like everyone was on the same page for the repair of the dam. If all goes well that might be repaired this summer.

4. The radar sign has been moved to the entrance to Newfane Village on So. Wardsboro Rd. After 2 weeks we will have some speed data for you.

5. The elevator was serviced at the Williamsville Hall.

6. We need to make a decision on the excavator, we had a lot of work planned out for the summer with it.

Thank You,

Jay Wilson Road Foreman
Christopher Williams Road Commissioner

JULY 16, 2018

SALE TO WW BUILDING SUPPLY: The sale has been completed. Marion attended the closing on Monday, July 9.

FEMA WORK: I have been finishing up some details that FEMA had requested on each of our sites. They will now begin the review process and either come back with more questions or begin to reimburse projects.

EMERGENCY WATERSHED PROTECTION PROGRAM: I’m continuing work on the program for the one eligible property. Right now, I’ve been working on coordinating between USDA and the landowner on timing of the project.

NEW GRANT APPLICATION: I finished a grant application on Friday for a sand and salt shed, which will alleviate some of the salt run off affecting nearby water ways and wetlands.