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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 02/06/03 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
JANUARY 16th, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Jesse Anderson, Lynn Bedell, Gary Katz and Piet van Loon
Also Present: Fred Bacon, Ed Nelson, Gorty Baldwin, Bill Guenther and James Gray
The Administrative Assistant is unwell and Jesse Anderson agreed to take the minutes.

1. CALL TO ORDER
The meeting was called to order at 7:00 PM.
Motion was made by Jesse Anderson and seconded Lynn Bedell to elect Piet van Loon chair pro tem. Unanimous.
Piet van Loon relayed information from the Secretary of State's Office that with a vacant chair, a pro tem chair must be appointed for each meeting or a reorganization must take place. Lynn Bedell questioned this because we have a vice chair. A reorganization took place later in the meeting so it became a moot point.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. APPOINTMENT OF VACANT SELECTMEN'S POSITION
Three members of the public were present to volunteer to fill the vacant spot. Fred Bacon indicated that he only volunteered to fill a need and that if the need could be met by the other candidates he was not that interested. Both Gorty and Ed spoke of their business experience (extensive) and their desire to provide additional service to the community. Both are actively involved in the community. There was a general discussion about the wisdom of filling the position temporarily (Fred is not placing his name on the ballot) vs. getting a new member up to speed right away.
Motion was made by J. Anderson and seconded by L. Bedell to appoint Gorty Baldwin to serve as a Selectboard member until March of 2003. Unanimous.
Gorty could not be sworn in so he stayed as an observer - as did Ed. It turns out that without planning in advance they have each taken out petitions for the same slot on the Selectboard. At the boards urging Ed will change his position so that each will run unopposed - assuming that no additional petitions come in. The board thanked all candidates for their interest.

B. CONSERVATION COMMISSION GRANT APPLICATION
Bill Guenther explained a grant application that the Conservation Commission is preparing for work on the Town Trail on the town garage property. The project has changed (two weeks of work vs. one week) from the letter that Bruce Hesselbach submitted. The work would be done by the Youth Conservation Core. Bill has reviewed the project with the YCC and they envision two weeks of work. The cost per week of a YCC crew is about $7500 for a total cost of $15,338. Bill explained that the grant they are preparing provides 80% of the cost ($12,000) with the rest being a 20% in-kind

B. CONSERVATIOIN COMMISSION GRANT APP. - (cont.)
match. Bill plans to volunteer the chain saw work and they have already secured $3338 of sponsorship including some anticipated donation of materials. This means that the 20% match has been achieved and that the cost to the Town would be nothing. The Conservation Commission is unanimous in its desire to do the work and does not want the project to use any town funds. The work would be small wooden bridge/walkways over streams and wet areas, water bars, modest rerouting of the path, some stone work by streams and steps down to a waterfall.
Motion to approve grant application - Lynn Bedell, second - Gary Katz.
Motion to amend the motion to say 'with no financial contribution from the Town'- Gary Katz, second - Jesse Anderson. Unanimous. Amended motion passed Unanimously.
The board will ask Doris to draft a letter to the grant providers endorsing the project with the chair to sign it. The board authorized this (Lynn Bedell motion, JWA second, unanimous).

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
Jesse Anderson provided copies of the Road Foreman's evaluation.

B. ROAD FOREMAN'S REPORT - (See attached report)
(1) This was a discussion about the Charles (Bud) Bergman access for the Inn in S Newfane. The timetable for approving access permits is not fitting well with the timetable for the Planning Commission to review and approve their related application. Also snow is in the way. Jim feels that there will need to be a culvert to carry water to the existing drain. There is also concern about water coming down the logging road that was recently disturbed by logging. Also there has been icing problems in this area. Piet will speak to Bud and find out if the access permit can be delayed so as to coordinate with the Planning Commission. Also he will ask for additional flags, perhaps on the fence, so that the project can be reviewed.

(2) Road Complaint - Ed Pinckney sent another letter requesting that the Town not leave a large pile of snow at the end of Upper Eager Road (just below his driveway which is on a class 4 unmaintained road). Piet will send a note explaining the board's position (he wants the plow angled a certain way - it is a fixed plow). The Town cannot send a truck past the maintained turnaround location that is now used which is at the end of the class 3 road.

4. F. OTHER ROAD BUSINESS
(1) Highway Structures and Class 2 Roadway Program Grants - Candidates for these grants were discussed. Projects up to $150,000 could be funded through this program with applications due in March. Projects that were mentioned
* Membranes for small concrete bridges.
* Improved rail/deck system for Monroe Bridge
* S Newfane Dover Road dry stone retaining wall (collapsing).
The board will contact Paul Gould (Bill Noyes replacement) about which of these projects he would recommend the Town apply for.

(2) Motion to ask Doris to send letter of thanks for service to Bill Noyes - Piet van Loon, second Jesse Anderson - Unanimous.

(3) Highway Mileage Certification - There have been no changes to highway mileage in the last year. The existing mileage was checked against town highway maps and found to be correct. The highway mileage certificate was filled in and signed, motion to do so - Jesse Anderson, second Gary Katz - unanimous.

(4) Weight Limit Information for State Enforcement of Weight Limits. Motion to authorize the chair to finalize and submit Newfane weight limits - Jesse Anderson, second - Gary Katz -unanimous. This will meet the State Statute requirements that allow us to get DMV enforcement of weight limits in Newfane.

(5) Speed Enforcement - A resident of Baker Brook has apparently been told by the Sheriff that a portion of Baker Brook Road is unenforceable due to deficient signage. The concern is that anyone traveling over the Parish and turning right onto Baker Brook Road will not see a speed limit sign. Lynn Bedell did not think that signs were needed if the speed limit is unchanged from the limit elsewhere in Town and specifically on Parish Hill Road. The Board will seek clarification from the Sheriff. If a sign really is needed it will need to wait for the spring.

(6) Bridges - Piet reminded the board that we are scheduled to meet at 6:30 on 2/6/2003 with Roger Whitcomb and Mike Tuttle of the VAOT to discuss the abutments for the bridge by the South Newfane Store.

5. C. CAPITAL PLAN & BUDGET FOR FY 2003-2004
Jim Gray explained that he has updated the equipment costs to be more realistic. Specifically the loader costs for next year are much more accurate. Also he has reviewed the bridge inspection reports to see where projects may need to be done in upcoming years. He has added a bridge project (bridge #50) for FY 2007-2008 where previous capital plans had not shown anything. Similarly he has added a road project for Stratton Hill Road. The consensus of the board is that we are rapidly converging on a final capital budget.

5. B. FINANCIAL INFORMATION/PROSED BUDGET FOR FY 2004
FY 2001-2002 Audit - The last audit shows a surplus of $89,651. Doris has a proposal that would allocate $10,000 to a designated Newfane Sidewalk capital fund. She also suggested that some of these fund be designated to offset expected Winter Maintenance overruns for FY 2002-2003. The board agreed and settled on $20,000 as suggested by Piet and Jesse. The board hopes that the winter storm season 'averages out' as it has in the past. The board also decided to allocate $4000 for a phone system upgrade for the Town Offices for FY 2002-2003. Doris will incorporate these figures into the budget for final board approval.

5. D. OTHER OLD BUSINESS
(1) Grange Hall Steps - See separate report by Jesse Anderson who contacted some local contracts to determine if there was any interest. There are at least two local contractors interested in the project. Colored dyes are available to match the new concrete to the old concrete. One contractor said that 4' frost walls are typical. Doris's information from the state (who reviews and approves the bid packages) indicates that we must have 5' frost walls. Piet agreed to finalize the bid specifications and suggested that we have a prebid meeting so that we get uniform bids.

4. F. OTHER ROAD BUSINESS - (cont.)
(7) Covered Bridge - The board is asking Doris to prepare a letter to State relaying eyewitness accounts of ice jambs in contact with the bottom of the bridge. There is no room under the bridge for glulam beams. Conversations between Jesse Anderson and Roger Whitcomb (VAOT) some weeks ago indicated that the state was still evaluating this option and that this evaluation was holding up the scoping of the project. (A letter was written to Roger Whitcomb of VTrans on April 25, 2002 which expressed the Board's concern about any decrease in the stream channel).

6. F. OTHER NEW BUSINESS
(1) VLCT Legislative Report Resolution - Motion Gary Katz, second Jesse Anderson to sign the resolution in the last VLCT legislative report. This resolution called for increasing the 'basic education block grant' and or reducing the state wide education property tax. Lynn and Piet expressed reservations. Jesse indicated that either the 'basic education block grant' is misnamed or it is grossly inadequate. Ayes - Gary Katz, Jesse Anderson. Nays - Piet van Loon, Lynn Bedell, motion fails.

(2) VLCT Government Day - Piet reminded the board that this annual event is coming up.

(3) Reorganization - The board felt that the simplest thing to do for the remaining 3 or 4 meetings was to reorganize and have a permanent chair. This addresses concerns about actions between meetings. With the new member appointed there was no reason to delay such action. Motion to elect Piet van Loon chair, Lynn Bedell, second
Gary Katz. Unanimous.

6. C. DRAFT PERSONNEL POLICY
Tabled. Piet reported that VLCT would interpret the VT statutes to include vehicles in the same category as buildings which would make them no smoking areas. They also say that the statutes are not clear on this point.

6. D. DRAFT ARTICLES FOR WARNING
Two typos were found. Doris had prepared the draft to be as inclusive as possible at this time. Petitions are still circulating. The board discussed the change of work week of the Clerk and Treasurer from 35 to 40 hours. Jesse thought that 35 hours and 40 hours were both considered full time with full benefits and as such the change is simply the number of hours that each person can work. The Clerk has indicated that the work load justified the added hours. No changes to the draft articles (with not to exceed 40 hours per week for Town Clerk and Town Treasurer) were made.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached)
(1) Item #8 - Doris reported that Roger Sparks had been in and cannot removed junk until April. He expects to receive some funds in the interim and pay to have some of the clean up done. Lynn Bedell expressed her frustration that the board did not push the matter to a resolution during the good weather last year. She feels that this would have been the responsible and justified course of action. Jesse noted that some progress was made last year and that no person or agency can remove the junk until April

7. ADMINISTRATIVE ASSISTANT'S REPORT - (cont.)
in any event. Piet was concerned that a single ticket may not be an option. In the case of Zoning violations it is required to issue tickets daily until the problem is fixed.
Motion to write a letter to Roger Sparks to remove junk on his property by the end of April - Jesse Anderson, second Gary Katz. Aye - Jesse Anderson, Gary Katz, Piet van Loon. Nay - Lynn Bedell. Motion passes.
Motion to write a letter to Doug Brown to remove junk on his property by the end of April - Jesse Anderson, second Gary Katz, unanimous.

6. E. SELECTMEN'S REPORT FOR TOWN REPORT
Gary's draft which received email review and comment already was accepted by consensus with thanks.

8. MINUTES
May 16, 2002 - Motion to approve, Gary Katz, second Jesse Anderson. Aye - Jesse Anderson, Gary Katz, Piet van Loon. Nay - Lynn Bedell. Lynn is concerned that some minutes have not been written up within five days or missed entirely. Motion passes.
June 20, 2002 - Motion to approve, Gary Katz, second Jesse Anderson
Aye - Jesse Anderson, Gary Katz, Piet van Loon. Nay - Lynn Bedell. See comment above. Motion passes.
December 19, 2002 - Motion to approve, Gary Katz, second Jesse Anderson, Unanimous.
January 2, 2003 Some members had not read these latest minutes and they were passed over until next meeting.

6. F. OTHER NEW BUSINESS
(4) Patriot Properties Reappraisal Performance Bond - The Listers are recommending the performance bond be released as the reappraisal has been completed and all obligations met. The board agreed. Motion to release the bond Gary Katz, second Lynn Bedell - unanimous.

9. PAY ORDERS
Motion was made by P. van Loon and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
01/04/03 Payroll $ 4,294.09
01/15/03 Payroll $ 3,186.74
01/17/03 Account's Payable #15 $332,997.05 Unanimous.
IRS Electronic Federal Payroll Tax Payments
01/08/03 $ 296.60
01/15/03 $ 1,701.47

6. F. OTHER NEW BUSINESS
(5) Administrative Assistant Performance Review - Everyone on the board agrees that a performance review is needed and is in the best interest of everyone. Lynn noted that this is the place for recognition of good work and for suggested areas of improvement. The board continues to work on this with drafts being reviewed and commented on. 12. ADJOURNMENT
Motion to Adjourn - Piet van Loon, second Jesse Anderson. UNANIMOUS 11:35 PM.

Jesse Anderson
Selectboard Member

Posted: Town Clerk's Office, Newfane Store, Williamsville General Store, and South Newfane General Store & Deli.
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