Selectboard Meeting Minutes – June 19, 2014


TOWN OF NEWFANE
SELECTBOARD MEETING
MINUTES
June 19, 2014 – Video

BOARD MEMBERS PRESENT: Gary Katz, Chris Druke, Mike Fitzpatrick, Todd Lawley, Gloria Cristelli

OTHERS PRESENT: Gunther Garbe, Piet van Loon, Dennis Wiswall, Steve Levine, Ed Druke, Tristam Johnson

CALL TO ORDER
The meeting was called to order at 6:35 p.m. by Gary Katz, Chair.

MINUTES
June 5, 2014 Regular Meeting: The minutes were reviewed. A motion was made by Chris Druke and seconded by Todd Lawley to approve the minutes. The motion carried with three in favor and Gloria Cristelli abstaining.

June 5, 2014 Board of Liquor Control Meeting: The minutes were reviewed. A motion was made by Chris Druke and seconded by Todd Lawley to approve the minutes. The motion carried with three in favor and Gloria Cristelli abstaining.

TREASURER’S REPORT:
See attached report.
The Treasurer was present to discuss the her report. Maureen cautioned the Board about borrowing for equipment right at the beginning of the fiscal year, because the loan payments will be due on July 1, before tax revenue comes in.

A motion was made by Chris Druke to approve the line of credit in anticipation of taxes coming in. The motion was seconded by Gloria Cristelli. The motion carried unanimously.

ROAD BUSINESS

Road Foreman’s Report:
See attached report.

Lynch Bridge: Piet van Loon recommended top dressing and seeding behind the guardrails where the wheel ruts are, to discourage parking in that area and for aesthetics.
Gloria Cristelli made a motion to accept the Road Foreman’s and Road Commissioner’s Report. The motion was seconded by Chris Druke.

Discussion: Gloria asked whether there were provisions for more rip rap at Lynch Bridge. It was noted that the base stone was large and smaller stone placed on top of that. The Agency of Natural Resources and the United States Army Corps of Engineers monitors what material is used and the quantity.

Brush Cutting: Gloria noted Japanese Knotweed growing along Grimes Hill Road and Wiswall Hill Road. She stated that if it’s cut, it will spread. She recommended working with the Conservation Commission before cutting brush and roadside mowing begins. She noted that it has to be bagged and destroyed and that she would be willing to remove the weed that is growing around the bridge on Wiswall Hill Road.

Discussion ensued. Shannon will look into State resources on dealing with knot weed.
Paving: Gloria reported a spot on South Wardsboro Road, just before Wiswall Hill Road, that could cause damage if another large storm hits. Todd noted that he’s been looking at that area and is aware.

The motion to approve the Road Foreman’s and Road Commissioner’s report carried with three in favor with Todd Lawley abstaining.

Truck Bids:
The truck bids were opened and read into the record as follows:

Goss Dodge: $76,984 with trade-in.
$81,984 without trade-in.

Heritage Ford: $76,233 with trade-in.
$81,433 without trade-in.

Tenco (Equipment Only Bid): $39,158. (This amount reflected in total bids of Goss Dodge and Heritage Ford.)

Discussion ensued. Todd requested permission to review the bids. He also recommended not trading in the vehicle, but selling it outright.

A motion was made by Chris Druke to authorize Todd to review the bids and come back to the Board with a recommendation. The motion was seconded by Gloria Cristelli. The motion carried unanimously.

Roadside Mowing Bids:
The roadside mowing bids were opened and read into the record as follows:

Orchitt Mowing: 128.9 miles roadside mowing, over the rail, and landfill cap: 92 hours @ $77.50 per hour. Total Bid: $7,130.00

Andrew Rockwell: Roadside mowing: $4,809.00
Over the rail: $85.00/hour
Flat rate for mowing landfill: $275.00

A motion was made by Chris Druke authorizing Todd to contact the second bidder for the estimated hours for over the rail mowing and to come back to the board with a recommendation. The motion was seconded by Gloria Cristelli. The motion carried unanimously.

Discussion ensued regarding the bid requirements. All bids were found to be acceptable.

ADMINISTRATIVE ASSISTANT’S REPORT
See attached report.

A motion was made by Gloria Cristelli and seconded by Chris Druke to sigh the Vermont Elevator Inspection agreement, holding the current pricing of $150.00 per year for a period of three years. The motion carried unanimously.

Discussion ensued regarding the Windham County Sheriff’s Department contract for Fiscal Year 2015. STARS reporting was reviewed. Discussion ensued regarding revenue and patrolling instead of traffic enforcement. Gary questioned whether the contract could be more specific. Members of the public stated that some amount of back road presence would be beneficial.

A motion was made by Gloria Cristelli to draft a letter stating that the Board would like to see 30% patrolling and 70% normal traffic control duties. The motion carried unanimously.

Animal Control: The Board asked Shannon to contact the Sheriff to set up a conversation regarding the animal control separate contract.

A motion was made by Chris Druke and seconded by Todd Lawley to approve the Windham County Sheriff’s Department contract for Fiscal Year 2015, with the accompanying letter regarding the changes to services. Shannon will be the designated contact person. The motion carried unanimously.

SCHEDULED MEMBERS OF THE PUBLIC

Zoning Bylaw: Tristam Johnson, Planning Commission Chair, presented the Zoning Bylaw Draft to the Selectboard for their review and continuation of the process. He noted that the Planning Commission completed the statutory review of the Bylaws. He went over the legal process they went through.

He noted that he had emailed a Word version and a PDF version of the Bylaw, along with an errata page. He encouraged the board to review the Bylaw and assist in edits. Tristam also noted that the maps were absent from the plan as presented and will forward them to Shannon.

Gary Katz asked whether the Bylaw presented was the most recent draft. Tristam confirmed that it was the most recent draft.

Gary Katz asked if the Zoning Bylaws needs to be consistent with the Town Plan and if it appeared to be consistent, to which Tristam confirmed.

Gary recommended having a joint meeting with the Planning Commission at their July 14 meeting in order to walk through the Bylaw. The consensus of the Board was to attend the July 14 meeting at 7:00 p.m. Shannon will warn it.

WRC Report: Tristam also spoke regarding the reports presented by Windham Regional Commission at the last Selectboard meeting. He noted that he felt there was a fair amount of boiler plate language that did not necessarily represent all of Newfane, although a solid document which would make a good launching document for more in depth discussion around the theme.

Gloria noted that the Planning Commission needs to present certified copies of the Zoning Bylaw to the Town Clerk.

UNSCHEDULED MEMBERS OF THE PUBLIC

Doris Knechtel asked for confirmation that the Board will meet on July 2nd instead of the 3rd to set the tax rate. The Board confirmed the meeting for July 2.

NEW BUSINESS

Open Meeting Law: The Board reviewed changes to the Open Meeting Law. A motion was made by Chris Druke and seconded by Gloria Cristelli to post agendas 48 hours in advance of the meeting, at the posting places as adopted at the organizational meeting in March. The motion carried unanimously.

Williamsville Hall Electrical Bids: The bids were opened and read into the record as follows:
Cleveland Electric: $11,413.00.
Kevin Mowrey: $11,015.00.

A motion was made by Todd Lawley and seconded by Chris Druke to award the bid to Kevin Mowrey, with work to begin after the beginning of the new Fiscal Year.

Discussion: It was noted that Kevin Mowrey’s bid did not include Item 3, replacing knob and tube wiring or Item 8, rewiring all the lights on the lower level and putting them on a wall switch.  The motion failed.

A motion was made by Gloria Cristelli and seconded by Chris Druke to award the bid to Cleveland Electric for $11,413.00, with work to begin after July 1. The motion carried unanimously.

Shannon will contact the bidders. Steve Levine will be the contact for access to the building and placement of outlets.

Oil Tank Installation Bids:
The bids were opened and read into the record as follows:

Barrows and Fisher Oil: Roth DWT 1000L 275-gallon oil tank with Tiger Loop De-aerator.
$1700.00

Browns Heating: Roth DWT 1000L 275-gallon oil tank – Roth Oil Level Gauge, new vent alarm with vent pipes, Tiger Loop De-aerator. Includes removal of old lines and filter and pumping any good oil from old tank to new tank.
$2,200.00

A motion was made by Todd Lawley to accept the bid of Barrows and Fisher Oil as presented. The motion was seconded by Chris Druke. Discussion of whether Barrows and Fisher Oil will require contract for delivery. The motion states “as presented.” The motion carried unanimously.

Oil Tank Removal Bid: Discussion ensued regarding the phone bid process that was conducted. Three licensed, Hazardous Material trained contractors were contacted. One bid was received.

A motion was made by Chris Druke to award the bid to DMI, Inc. for removal of the tank for $1,700.00 and to authorize $500.00 for environmental engineer supervision, both to come out of the budget for FY 2015. The motion was seconded by Gloria Cristelli. The motion carried unanimously.

Window Replacement Bids: The bids for window replacement were opened and read into the record as follows:

Wholeshot Construction: $8,775.00 total bid.

Mark Topitzer: $6,750.00 total bid, with a reverse cottage window option for $6975 total. The bid does not include painting and work cannot begin until fall.

Ken Robinson: $10,288.00 total bid for JELD WEN Premium Vinyl Single Hung Windows.

A motion was made by Chris Druke to table the award until the Building Committee comes back to the board with a recommendation. The motion was seconded by Todd Lawley. The motion carried unanimously.

Ceiling Fan Bids: The bids for ceiling fans were opened and read into the record as follows:

Cleveland Electric: $891.00 total bid.

Kevin Mowrey: $2,415.00 total bid.

A motion was made by Chris Druke to table the award pending review and recommendation by the Building Committee. The motion was seconded by Gloria Cristelli. The motion carried unanimously.

WSWMD Recycle Contract: Discussion ensued regarding the recycling contract for Windham Solid Waste Management District. The Board asked Shannon to gather more information and present to the board via email. They will hold a special meeting if necessary.

OLD BUSINESS

Williamsville Hall Use Policy: The Board reviewed the draft use policies that Shannon presented. Shannon recommended tabling the discussion pending careful review of the policies.. Shannon will email a copy of all draft policies to Steve Levine.

A letter was received from the Williamsville Hall Committee regarding the use of Williamsville Hall Donation Fund for the return of a security deposit and reimbursement of a portable toilet expense. Discussion ensued.

A motion was made by Chris Druke to return $100.00 of the security deposit from last year. The motion was seconded by Gloria Cristelli.

Gloria offered a friendly amendment, to also return the fee for the portable toilet. Discussion ensued regarding the water issue. Todd noted that the water was on right before the event. The amendment was seconded by Mike Fitzpatrick.

Gloria offered an amendment to the amendment, to have both reimbursements come out of the Williamsville Hall Expense line item, rather than the Williamsville Hall Donation Fund.
Discussion ensued regarding the status of the budget. It was noted that the Williamsville Hall Expense line item was over budget.

The motion for funds to come from the Williamsville Hall Expense line item failed with Todd Lawley and Mike Fitzpatrick in favor and Chris Druke, Gloria Cristelli and Gary Katz opposed. The motion failed.

An new amendment was made by Gloria Cristelli to pay both reimbursements from the Miscellaneous line item. The amendment was seconded by Chris Druke.
After discussion, all motions were withdrawn.

A motion was made by Gloria Cristelli to refund a portion of last year’s security deposit, in the amount of $100.00 and to reimburse Timson Hill Preschool $120.00 for the cost of a portable toilet, both expenses to come out of the miscellaneous line item. The motion was seconded by Chris Druke. The motion carried with four in favor and one opposed.

VLCT Recommendations: A motion was made by Todd Lawley to table the discussion. The motion was seconded by Chris Druke. The motion carried unanimously.

Budget Decisions: Gary Katz asked the Board for a discussion regarding the decision made at the last meeting regarding funding the Assistant Town Clerk position.
At this point Gloria recused herself.

Gary reported that he’d discussed the situation with Garrett Baxter, Senior Staff Attorney at VLCT and outlined the advice he’d received. Garret’s opinion was that Gloria knowingly suffered the employee to come to work regardless of the Board’s motion. The function of Selectboard is to manage the budget. Garrett did note that it may have opened up the possibility of a liability to the town that could have several different outcomes. VLCT recommended the Board take advantage of the program that allows three free hours of an employment law attorney’s time. The Board was in agreement to utilize the three hours. The consensus of the Board was to have Gary be the contact with the employment attorney.

Gloria was invited back into the meeting.

UNFINISHED BUSINESS

Grout Pond Dam: Todd brought Mike up to speed regarding work to be done.

There were no other updates.

CORRESPONDENCE

A letter was received from John Hedge and Lowell/O’Beirne regarding an animal complaint stemming from Capricorn Farms, noting damage done by goats and fear of the dogs. Gloria noted that the owner doesn’t reside there. The owner employs a manager. The manager gave Gloria the impression that he doesn’t have the authority to do anything about the problem. The Board asked Shannon to send Mr. Kane a certified letter quoting the ordinance, letting him know of the violations and that they are creating a liability for themselves and putting their animals are at risk. Shannon will copy the complainants as well.

A letter was received from BCTV noting the decision of the Board of Directors to eliminate the appointee positions. The ratification will be held in September. No action was taken.

A new statement was received by Lane Construction. No action was taken.

An invitation was received from Rescue Inc. to their Open House on Sunday, June 22. No action was taken.

A letter from Sandra Dowley and Bruce Harrington regarding bullying at Selectboard meetings. No action was taken. Gary noted that he’d questioned different people who’ve watched the meetings on television, and they didn’t see anything that anyone did that crossed a boundary. No action was taken.

A letter was received from Two Rivers Ottauquechee Regional Commission regarding possible grants for projects on Hazard Mitigation properties. Discussion ensued. No action taken.

PAY ORDERS:

The Pay Orders were reviewed. A motion was made by Gloria Cristelli and seconded by Chris Druke to approve the pay orders as follows. The motion carried unanimously.

Pay Orders: $49,402.56 Pay Roll: $3,776.01 Pay Roll: $269.35 Pay Roll: $3,659.09

ADJOURN

A motion was made by Chris Druke and seconded by Gloria Cristelli to adjourn at 9:45 p.m. The motion carried unanimously.

Respectfully Submitted,
Shannon Meckle

 

ROAD COMMISSIONER AND ROAD FOREMAN’S REPORT
JUNE 19, 2014

1. Roads: The roads are in good shape. We are still going around shaping them up. With all the rain we have had, it is hard to keep up with it. We have been doing ditch work with the grader and backhoe as well. We will be doing some shoulder work on Dover Road and Grimes hill Road soon. All the rain has washed the shoulders pretty good.

2. Equipment: Several trucks went to DJ’s Truck Service for Vermont state inspections. The new chloride tank and set up is here and on the F600 truck. It is working very well. The new 4×4 Mack is still at Tenco it should be done next week.

3. Lynch Bridge: Lynch Bridge is now done and open. The contractor will have to come back and redo some of the bank work as it is washed in places. Otherwise it looks good.

4. Grout Pond: I have Kevin Shrader coming down to cut some of the trees along the wall that the dam inspector wanted cut. The Palmer family is going to have some trees cut on the other side of the road as well. They are also going to do some minor bank erosion on the pond side as well. At some point it would be a good idea for the board to do a site visit at the pond, probably after the trees are cut. It would be easier to see the wall with the trees gone.

5. Brush Cutting: I rode around some and looked at the brush. The Class Two roads are the priority: on Dover Road up by Monroe Bridge to the town line and Grimes Hill, Back Street, Radway Hill, Depot Hill, and South Wardsboro Road. Then, the dirt roads can be done when we get a chance. They all need some brush cutting. Back when we had a 5 member crew, the 5th member cut brush all summer pretty much. With a four member crew, we can’t tie up a person all summer to do that, with all the culverts, ditch work and grading to do. We will do the best we can.

6. Paving Bids: Shannon is working on the bid now and it should be out soon.

I will be gone from the 24th to the 28th of this month on Fire Department business. Steve will be in charge of the daily work. I will leave a list of work to be done.

Thank you,

Todd Lawley, Road Foreman
Christopher Williams, Road Commissioner

 

ADMINISTRATIVE ASSISTANT’S REPORT
JUNE 19, 2014

Hazard Mitigation – Demolitions: I have submitted a request for reimbursement along with required documentation for the 3 demolitions. I know there was a question about how the properties were left. Upon review of the bid, it calls for enough material needed to allow vegetation. There appears to be vegetation growing in all three locations. If the Board feels a site visit is still necessary, I’m happy to meet any time. Also, I have all necessary invoices for septic pumping and debris removal.

CDBG – 279 Dover Road: I received the title report from the attorney this morning. The deed is being drafted. Once that’s done, we can schedule closing. I’m estimating we could have this done by August.

Lynch Bridge: The work was completed on Lynch Bridge so quickly, and with the SVE representative on vacation, invoicing will happen all at once, rather than incrementally. This will not allow us to pay a portion and then seek reimbursement. I called Dave Olson at Peoples United Bank immediately and let him know. He is putting together an additional $150,000.00 loan package for signature at the July 2 meeting. This will allow us to pay and then seek reimbursement all at once.

Cota & Cota: The Board requested that I review the contract for Cota & Cota and come back with a recommendation. The Board has always taken its chances on the price of oil, rather than lock in a price. I recommend the Board stay with that option (called the Flex Option,) and not pay a fee to lock in the price.

Windham County Sheriff’s Department Contract: The current contract expires on June 30, and the new one, if approved by the Board, will take effect July 1. I emailed electronic copies to the Board. The paper copy is on the table.

Vermont Elevator Inspection: I followed up with the Company for more information. The agreement is to hold the current pricing ($150.00/year) for either a two year or three year time period. This is non-binding and there’s no fee for locking in the current price. I would recommend a three year period.

Vacancies: I have only been contacted by one person regarding interest in a vacant position. I gave them the name and contact information of the Chair. I haven’t been contacted by anyone else.

ICS Training: Gary and I will be attending the October session of ICS100. Todd and Gloria have already attended this training. I can resend the available dates for local sessions.

Miscellaneous: There have been lots of small tasks and details that I’ve been working on in addition to long-term, on-going tasks. To list them all here would mean staying until midnight. If you think of any that you’re wondering about, please feel free to pop me an email. I have a running list that we can refer to.

 ADMINISTRATIVE ASSISTANT’S REPORT
JUNE 19, 2014

As of the above date the General Fund has $283,422.65. $250,000.00 of that is the loan for partial payment of the Lynch Bridge. So actually GF is $33,422.65.

This week’s pay orders have not been deducted yet. That will happen after they are approved by the Board 6/19/14. (tonight).

This pay order amount of $49,402.56 will leave -$15,979.91 in the General Fund.

However a delinquent payment of $27,710.35 is being shipped to us today to arrive tomorrow. The Line of Credit for $150,000 papers are here today for the board to sign for FY 2015.

We have two more weekly payrolls for this fiscal year and one monthly payroll for the officers.

So far invoices due on July 1st 2014 is the amount of $15,385.88. they will be included in the pay orders of the July 2nd SB meeting pay order #1. The Lynch Bridge bill should arrive very soon. Bridge is completed and looks great.

I hope we don’t jump into the big paving projects or new truck until after out tax bills go out mid-July.

Sincerely, Maureen