REGULAR MEETING OF THE BOARD OF SELECTMEN
JANUARY 17th, 2002

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, and Richard Marek.
Absent: Lynn Bedell
Also Present: Laura Bacon of Conservation Commission, Carolyn Katz, Gary Katz, John Flores, Carol Hatcher, Glenn Richardson, Lauri Richardson, Jean Pollock, Dan DeWalt, Peter Cooper, Marshall Glickman, Julia Imbarrato, Lyssa Singleton, John Spicer, Piet van Loon as Zoning Administrator, James O. Gray, Newfane Road Foreman and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Mike Rohan at 7:03 p.m. He explained that the order of the meeting would be somewhat changed with Laura Bacon first giving a brief report on the status of the Cell Tower Ordinance.

2. SCHEDULED MEMBERS OF THE PUBLIC
B. CELL TOWER ORDINANCE
Laura Bacon indicated that the Newfane Conservation Commission has discussed the cell tower issues with Windham Regional Commission and the Planning Commission. WRC has made the recommendation that the Selectmen adopt a Cell Tower Ordinance during the interim until such time as the amendments to the zoning bylaw are passed. Cell towers over 20 feet require an Act 250 permit, but some issues are not considered. The CC recommends that the Board consider the passage of the draft cell tower ordinance after it has been reviewed by the Vermont League of Cities and Towns. Motion was made by F. Bacon and seconded by R. Marek to have the draft Cell Tower Ordinance sent to VLCT for their review. Unanimous.

A. GENETICALLY ENGINEERED FOOD - DAN DEWALT
Dan DeWalt was present to present a petition with 107 signatures urging the Selectboard of Newfane to adopt the "Resolution on Genetically Engineered Food". He also presented wording for a proposed article to be placed on the warning. Earlier he had dropped off information pertaining to "Genetically Engineered Food" for the Board's review. Those present indicated that GE crops may cause long-term damage to the environment and may have serious impacts on human health. F. Bacon had called Rep. D. Darrow to inquire if anything is happening at the state level regarding GE crops and he indicated that any activity toward that end is being blocked by chemical companies. R. Marek spoke to the wording in the article and that there may be two articles, one for labeling and one regarding establishing a moratorium on the further growing of GE crops. Motion was made by M. Rohan and seconded by R. Marek to warn the article for town meeting as presented. Unanimous. At town meeting if someone wants to make an amendment, they may.

When asked by D. DeWalt if the Board would endorse the resolution presented, M. Rohan indicated that he does not feel that it is part of what town selectmen are responsible for, let the residents decide on these types of issues at Town Meeting. Other Board members agreed.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
Piet van Loon indicated that in reading the Junkyard Ordinance the language in Article 3. B. 2. The sentence needs to be changed or clarified regarding ownership. Also in that same paragraph, second sentence to change the number of vehicles to three not two or more such vehicles... It was decided to delete the last part of the sentence which reads ...at the expense of the owner of the same. P. van Loon also indicated that in Article 3. D. the reference to zoning administrator should be deleted as a zoning administrator may not enforce ordinances. Motion was made by R. Marek and seconded by F. Bacon to approve the amendments to the Ordinance Regulating Outdoor Storage of Junk and Junk Vehicles. Unanimous.

6. C. SELECTMEN'S REPORT FOR THE TOWN REPORT
Board members reviewed the report prepared by Chairman M. Rohan fro the Selectmen for the Town Report. It was suggested that an introduction, much like last year's, be inserted in the beginning of the report. Motion was made by J. Anderson and seconded by F. Bacon to approve the Selectmen's report for the Town Report, as amended, and to thank Mike Rohan for preparing the report. Unanimous.

7. ADMINISTRATIVE ASSISTANT'S REPORT (see attached document)
A. Item #1 - It was noted that perhaps the water should be tested in the spring to determine if there is any pollution in the waterway as a result of the abandon vehicles.

B. Item #4 - Motion was made by R. Marek and seconded by F. Bacon to have the Town Constable and the Windham County Sheriff's Department work together to file the necessary paper work to bring changes of cruelty and abuse against Patricia O'Dell and to have the animals removed from Ms. O'Dell's control. Unanimous. The Windham County Humane Society has home for all of the animals; dogs, cats, chickens and a goat.

8. MINUTES
Motion was made by F. Bacon and seconded by R. Marek to approve the minutes of 01/03/02 as written. Unanimous.

4. ROAD BUSINESS
4. A. ROAD COMMISSIONER'S REPORT (See attached report)
There was not much to report during the past two weeks.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
No items reported required any action by the Board. J. Gray will be meeting with Wm. Noyes and D. Knechtel on January 24th at 10:00 a.m. to discuss the flood work reports to be completed.

4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were submitted that would require any action by the Board.

4. D. ACCESS/RIGHT OF WAY PERMITS
See Item #2 - RC Report. Motion was made by J. Anderson and seconded by F. Bacon to approve Access Permit #A02.01 by Horace T. Sikes for a log landing on New Road (TH#30). Unanimous.

5. B. PROPOSED FY 2003 BUDGET AND REVIEW
(1) EXPENSES
The proposed budget information has been updated to include the numbers discussed at the meeting of 01/03/02. Also updated are the year to date revenue and expense figures as of 12/31/01 and the audited amounts for FY 2001. A proposed tax rate was arrived at for the town of $0.68 by using a 2% increase in the current Grand List. Last year the town rate was $0.60, with a surplus of $73,520. Without the surplus of last year the rate would have been $0.67. The overall town and highway budget has increased 4.71% over last year. The needs of the town are being met with the budget being considered.

(2) REVENUES
The Board reviewed the proposed revenues other than from taxes. They decided to increase the amount anticipated for judicial fine revenue to $6,000, up from $3,000 to give a total anticipated income of $243,200 other than taxes.

(3) CAPITAL BUDGET
J. Gray suggested additions to the proposed working Capital budget to be included for the FY 2007, especially in the area of bridge and road construction. Stratton Bridge (BR#42) and Monroe Bridge (BR#15) were added as well as road construction for River Road (TH#15). The Board also decided to raise only $60,000 for the capital budget rather than $70,000 for this FY 2003.

F. Bacon prepared information for the Board showing comparisons of the town highway crew wages and benefits with other area towns. The Board reviewed and discussed the information provided. J. Gray had put a 5% increase in the budget for the highway crew employees, which has normally bee a 3% cost of living. After discussion the Board decided to give the highway crew members a 5% wage increase to be 3% for cost of living increase and 2% for a special one time adjustment and to increase the Road Foreman's hourly rate by 7_%, 3% cost of living and 4_% wage adjustment. The Administrative Assistant will receive a 3% increase.

The Board supports the village sidewalk project with a $10,000 item in the budget. There is also an additional $2,000 for tax mapping, $3,500 for the VT State Police for Route 30, and an additional $2,000 each for the volunteer fire departments. The adjustments for the additional payroll increase for J. Gray and other items the will be double checked.

6. B. ARTICLES FOR WARNING
The Board reviewed the proposed Articles for the Warning. In article 3, includes an increase for the Town Clerk and the Town Treasurer of 3% to $11.00 per hour and an increase for the Listers from $9.00 to $10.00 per hour. Additional articles may be received by petition until 01/24/02 at 5:00 p.m. for placing an article on the warning. The Board will have a special meeting on January 24th, 2002 beginning at 6:00 p.m. to approve the final revenue, expense and capital budgets, to sign the final articles of warning, and to sign a pay order for Fitzpatrick Excavating for the final flood work. L. Bedell will be notified.

9. PAY ORDERS
Motion was made by M. Rohan and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
01/08/02 Payroll $ 2,727.99
01/12/02 Payroll $ 3,314.72
01/18/02 Acct's Payable #16 $ 286,719.80
Unanimous.
IRS Electronic Federal Payroll Tax Payments
01/09/02 $ 1,540.50
01/16/02 $ 938.65

10. CORRESPONDENCE
A. A letter has been received from William Johnson, Director of Property Valuation and Review, notifying the town of the Division's 2001 equalization study. The CLA for the town of Newfane is at 75.76% and the COD is at 20.60%. The town may petition for a redetermination of the CLA or COD within 30 days of receipt of the notice.

B. The Board received a letter from Nancy Sheltra asking that the Board consider placing an article on the warning which reads: Shall the Vermont State Legislature pass legislation which will prohibit an employee or agent of a school district from encouraging, promoting or sanctioning homosexual conduct? The Board will not place the article on the warning.

C. A letter has been received from Lyssa Singleton, President of the Timson Hill Preschool and Children's Center (THPCC) Board of Directors, explaining the petition to place an article on the warning to request an appropriation of $500 for the THPCC, as well as information about the school and the programs that they have.

D. A letter has been received from D. Knechtel, Chairman of Windham Solid Waste Board of Supervisors, explaining the assessment for Newfane for FY 2003 in the amount of $9,162.45 to be paid in quarterly installments beginning September 30, 2002. The amount has been reduced for FY 2002 which was $9,918.

E. The Board received copies of a "Permitting Pamphlet" that was developed by the Vermont League of Cities and Townshend reviewed by both Agency of Natural Resources and Environmental Board staff.

F. The Board received the November and December 2001 financial information, the Delinquent Tax List as of December 31, 2001 and information about petitions that do not have to be placed on the warning - only those that involve issues that Vermont law permits the voters or electorate to decide.

11. EXECUTIVE SESSION
No matters pertaining to Executive Session topics came before the Selectboard for discussion.

12. ADJOURNMENT
Motion was made by R. Marek and seconded by F. Bacon to adjourn the Regular Meeting of the Board at 10:30 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

Posted:
Newfane Town Office, Newfane Store, Lessing's Family General Store and South Newfane General Store & Deli. www.newfanevt.com

ROAD COMMISSIONER'S REPORT - 01/17/02

There is very little to report for the last two weeks.

1. CALLS RECEIVED
* Two calls were received. Walter Phelps lost a granite post on his property by the side of the road. Nobody on the road crew recalls impacting anything solid while plowing and the plows and trucks are okay. Walter has recently stopped parking his truck in the short driveway in front of his house and therefore the plows and other vehicles no longer have to move over to go around it. This may somehow have been related to why the granite post was hit at this time. He would like to do something to try to protect the remaining posts. Whips on the posts were discussed but Walter does not want the plows to plow right up to the whips because then they will damage the lawn. I am not sure what else could be done.

* A landowner called up and was very irate that Newfane's access regulations will require a very expensive driveway on his property when the neighbors have grandfathered configurations that are less expensive but do not conform. Effective subdivision regulations would have prevented the creation of a lot with 350' of road frontage on the inside of a sharp heavily traveled curve.

2. PERMITS
* The log access on New Road (TH#30) (Sikes) was previously reviewed and although it is being submitted late, should be approved.

Road Commissioner, Jesse Anderson

ROAD FOREMAN'S REPORT 01/17/02
TOWN OF NEWFANE HIGHWAY

1. Winter maintenance of roads has been busy with a major storm on 01/02/02, 14" to 16" and small storms since causing daily plowing and sanding.

2. A large dead pine on Dover Road (TH#2) above Rutha Drive was cut by CVPS. The danger of falling on the utility lines and highway has passed.

3. A road access for a log landing on New Road (TH#30) has been filled out by Horace Sikes according to him.

4. The flood work has been completed. An audit by Bill Noyes is now necessary.

5. Equipment: A. The 140G Grader has been evaluated by Southworth-Milton. Results should be here soon. B. All other equipment is operational.

6. Bill Noyes to look at construction sites after the winter season.
Respectfully submitted,
James O. Gray
Road Foreman

To: Newfane Board of Selectmen
Memorandum From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: January 17, 2002

1. Tim MacNamara, area enforcement officer for ANR, called regarding the situation of junk vehicles off of Browns Road (TH#45). He indicated that in order for his department to make an inspection, there has to be physical evidence of pollution in the waterway (Smith Brook) reported to them before he will visit the site. Junkyard themselves are under the Agency of Transportatio

n with a $1.00 budget. 2. I spoke with Roger Whitcomb regarding the status of the Brookline/Newfane bridge (BR#19), the Covered Bridge (CB#17) and the South Newfane General Store bridge (BR#14). The current schedule is: Brookline/Newfane bridge #19 - 2003, South Newfane bridge #14 - 2005 and Covered bridge #17 - 2006. He indicated that the state is still working the Historic Covered Bridge Committee about how the covered bridge will be refurbished. With his comments in mind, I changed the years in the capital budget for the particular bridge completions. BR#19 has a zero cost for the town because of the Historic Truss Bridge agreement with the state. He also spoke about the decks on both BR#19 and BR#49 (Green Iron Bridge). The District and the state are going to be looking at them.

3. The FY 2003 budget information and proposed estimated town tax rate have been given to you under a separate memo.

4. Both Mike and I spoke with the Windham County Humane Society regarding animals at the shelter owned by Patricia O'Dell. The animals were transported to the shelter as a result of Constable Archer Mayor's actions on December 10th. The assortment of animals are still there and they have homes for all of them. Sue at the WCHS has indicated that the owner, Patricia O'Dell needs to agree to release the animals to the town. The town will then release the animals to the WCHS. If Ms. O'Dell does not release them, the town may press charges against her for cruelty which could be a lengthy process. Deputy Henry Farnum will assist Archer Mayor with the process of pressing charges if he would like. Ms. O'Dell wants the animals back, according to a conversation I had with her. In order to do that she will need proof of ownership and will have to pay the fees due to the WCHS. She has not been in contact with the WCHS about how or when she plans on being able to retrieve the animals.

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