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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 04/07/05 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

MINUTES - ORGANIZATIONAL MEETING - BOARD OF SELECTMEN
MARCH 2nd, 2005
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Patricia Halloran, Gary Katz, and Hendrik W. Piet van Loon.
Absent: Priscilla Cotton and Dan DeWalt.
Also Present: Gunther Garbe, Representative Richard Marek, David Clarkson, Gianna Scherer Robinson, Kenneth A. Robinson, Edward Druke, Sr., Emily Long, John Feifel, Jim Spencer and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The organizational meeting was called to order by Piet van Loon 6:34 p.m. Members of the Board were recently elected to serve the following terms: Patricia Halloran (2006), Piet van Loon (2006) and Dan DeWalt (2009).
P. van Loon indicated that there will not be a quorum for the meeting until 7:00 p.m. The quorum of the Board will decide on a date and time certain to recess the Organizational Meeting with the full Board present. P. Cotton and D. DeWalt were unable to be present at this evening's meeting.

4. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Representative R. Marek spoke of a new bill that has been introduced that relates to dog attack situations. Towns will be able to act on a dog attack situation without the requirement that the person attacked require medical attention, which is now the case.
B. D. Clarkson indicated that Tom Bedell, a candidate for one of the Planning Commission openings, will not be available on Monday or Tuesday of this next week , if indeed that is when the Selectboard will be making appointments. P van Loon that they may be further interviews of the five potential candidates for the PC before any appointments are made.
C. J. Spencer, a member of the Planning Commission, suggested that the PC membership be increased from 7 to 9 in order to take advantage of the five candidates' diversity and skills. He believes that the group could work well together. P. van Loon indicated that while working on the Town Plan and the Zoning Bylaw it is important that the PC reach out for public input at their regular meetings rather than waiting until the document is at the hearing stage.

1. CALL TO ORDER - (cont.)
Newly elected member, Patricia Halloran arrived at the meeting at 7:02 p.m. She was given the oath of office and welcomed to the Board. After a brief discussion, a quorum of the Selectboard agreed to make a motion at the end to the meeting to recess the Organizational Meeting until Tuesday, March 8th beginning at 6:30 p.m.

4. UNSCHEDULED MEMBERS OF THE PUBLIC - (cont.)

D. Rep. R. Marek agreed to answer questions of those present regarding legislative issues. The subject of Education Funding was discussed. The current system being used to calculate the Common Level of Appraisal is requiring towns to reappraise more frequently at the

4. UNSCHEDULED MEMBERS OF THE PUBLIC - (cont.)
cost of between $60 to $120 per parcel. Newfane most recent CLA is at 87.32%. If it goes below 80% the town will need to reappraise, maybe as soon as 2006. Currently the town receives $7.00 per parcel from the Education Fund to be used toward reappraisal. There is about $43,000 in the town's reappraisal fund as of 06/30/04.
Other questions were raised about state aid for bridges and highways, Health Care reform and Medicaid, and the consolidation of VTrans Highway District #1 (Bennington) and #2 (Dummerston) into District #1 in Bennington. That idea has been blocked so far.
Representative R. Marek is serving as one of 11 members of the Judicial Nominating Board that screen potential candidates to serve as Trial Judges, on the Supreme Court and on the Public Service Board. The Governor makes the final appointments.

13. PAYORDERS
Motion was made by P. Halloran and seconded by G. Katz to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
02/23/05 Payroll $ 3,099.48
03/02/05 Payroll $ 4,288.13
03/04/05 Payroll $ 1,986.64
02/17/05 Acct's Payable #16A $ 575.73
03/04/05 Acct's Payable #17 $29,972.79

IRS Electronic Federal Payroll Tax Payments
02/23/05 $ 1,063.02
03/02/05 $ 979.68

11. OTHER BUSINESS
A. EXECUTIVE SESSION - Motion was made by G. Katz and seconded by P. Halloran to enter into Executive Session at 7:32 p.m. to discuss a matter of litigation. Unanimous.
Motion was made by P. Halloran and seconded by G. Katz to come out of Executive Session at 7:47 p.m. Unanimous.
Motion was made by P. Halloran and seconded by G. Katz to have Hendrik APiet@ van Loon contact the attorney being used in this matter and to let him know that the town does not agree with the proposed stipulation to be submitted to the Environmental Court on the appeal of Joseph Wright. Unanimous.
B. P. van Loon and G. Katz reviewed upcoming materials with new member P. Halloran regarding the appointment process. Other upcoming projects were also discussed.

15. RECESS MEETING
Motion was made by P. Halloran and seconded by G. Katz to recess this meeting at 8:07 p.m. and to reconvene on Tuesday, March 8th, 2005 beginning at 6:30 p.m. Unanimous.


MINUTES - RECESSED ORGANIZATIONAL MEETING OF MARCH 2nd, 2005
MARCH 8th, 2005
NEWFANE TOWN OFFICE

PRESENT:
Selectboard: Piet van Loon, Priscilla Cotton, Dan DeWalt, Pat Halloran and Gary Katz.
Also Present: David Clarkson, Ed Druke, Gunther Garbe of the Planning Commission, James Spencer of the Planning Commission, and Doris Knechtel, Administrative Assistant.

1. CALL TO ORDER
Piet van Loon called the meeting to order at 6:31 p.m. He welcomed the new members, Patricia Halloran and Dan DeWalt, to the Board. He asked each Board member to say a few words about their backgrounds.

2. ELECT: CHAIRMAN, VICE-CHAIRMAN AND CLERK
CHAIRMAN - P. Cotton nominated Hendrik W. 'Piet' van Loon as the Chairman of the Newfane Selectboard. Nominations were closed. In favor of Hendrik W. 'Piet' van Loon as Chairman of the Newfane Selectboard: P. Cotton, D. DeWalt, P. Halloran, and G. Katz. P. van Loon abstained.
VICE-CHAIRMAN - P. Cotton nominated Gary Katz as the Vice-Chairman of the Newfane Selectboard. Nominations were closed. Chairman P. Van Loon asked that the clerk cast one ballot in favor of Gary M. Katz to serve as the Vice-Chairman of the Newfane Selectboard. G. Katz abstained.
CLERK - P. Cotton nominated Administrative Assistant Doris A. Knechtel, as Clerk of the Newfane Board of Selectmen. Nominations were closed. Chairman P. Van Loon asked that the clerk cast one ballot in favor of Doris A. Knechtel to serve as Clerk of the Newfane Selectboard. Unanimous.
Hendrik 'Piet' W. van Loon elected as Chairman of the Newfane Selectboard.
Gary M. Katz elected as Vice-Chairman of the Newfane Selectboard.
Doris A. Knechtel elected as the Clerk of the Newfane Selectboard.

3. MEETING SCHEDULE
Motion was made by P. Halloran and seconded by G. Katz to have the regular meetings of the Newfane Selectboard on the first and third Thursday of each month beginning at 6:30 p.m. at the Newfane Town Office. Unanimous.
Motion was made by G. Katz and seconded by P. Cotton to meet as the Board of Health and Local Board of Liquor Control Commissioners, as needed on the first and third Thursday of the month. Unanimous.

4. LOCATION FOR POSTING OF NOTICES & MINUTES
Motion was made by P. Cotton and seconded by G. Katz that the notices and minutes be posted at the following locations: Town Clerk's Office, Newfane Store, Williamsville General Store, The South Newfane General Store & Deli and the website, www.newfanevt.com. Unanimous. There was some discussion regarding the possible exploration of e-mailing notices to a group or groups of residents.

5. OFFICIAL NEWSPAPER FOR POSTING OF NOTICES & ADVERTISEMENTS
Motion was made by G. Katz and seconded by P. Cotton to have the Brattleboro Reformer be the official newspaper for the posting of regular and special notices, legal notices and advertisements. Unanimous.

6. APPOINTMENTS
A. ROAD COMMISSIONER - Motion was made by P. Cotton and seconded by P. Halloran to appoint Gary M. Katz to serve as the Road Commissioner for the Town of Newfane. Unanimous.
B. EMERGENCY MANAGEMENT COMMITTEE - Motion was made by G. Katz and seconded by P. Cotton to appoint Edward J. Druke, Sr., Todd Lawley, Steve D. Jones, Jay Wilson and Greg Record to serve as members of the Emergency Management Committee. Unanimous.
C. DELEGATES TO WINDHAM REGIONAL COMMISSION - Motion was made by G. Katz and seconded by P. Cotton to appoint Hendrik W. van Loon and Jodi P. French to serve as the Delegates to Windham Regional Commission from Newfane. Unanimous.
D. ANIMAL CONTROL OFFICERS - Motion was made by G. Katz and seconded by P. Cotton to appoint the Windham County Sheriff's Department to serve as the Animal Control Officer for the Town of Newfane. Unanimous. The Board may add this to the duties of the Constable after one is appointed.
E. POUNDKEEPER - Motion was made by P. Cotton and seconded by G. Katz to appoint the Windham County Humane Society to serve as the Poundkeeper for Newfane. Unanimous.
F. FENCE VIEWERS - Motion was made by P. Cotton and seconded by P. Halloran to appoint Larry C. Robinson, Gregory L. Record and Theodor E. Schreyer to serve as the Fence Viewers for the Town of Newfane. Unanimous.
G. INSPECTOR OF LUMBER, SHINGLES, & WOOD - Motion was made by P. Halloran and seconded by D. DeWalt to appoint Carleton Chaffee to serve as the Inspector of Lumber, Shingles & Wood for the Town of Newfane. Unanimous.
H. WEIGHER OF COAL - Motion was made by D. DeWalt and seconded by P. Halloran to appoint Carleton Chaffee to serve as the Weigher of Coal for Newfane. Unanimous.
I. REPRESENTATIVE TO RESCUE, INC. - Motion was made by P. Cotton and seconded by P. Halloran to appoint Gary M. Katz to serve as the Newfane Representative to Rescue Inc. Unanimous.
J. TOWN ENERGY COORDINATOR - Motion was made by G. Katz and seconded by D. DeWalt to appoint Edward J. Druke, Sr. to serve as the Town Energy Coordinator for Newfane. Unanimous.
K. TOWN SERVICE OFFICER - Motion was made by P. Cotton and seconded by P. Halloran to appoint Barbara Williams as the Town Service Officer for Newfane. Unanimous.
L. TREE WARDEN - Motion was made by G. Katz and seconded by P. Cotton to appoint William C. Guenther as the Tree Warden for Newfane. Unanimous.
M. SEWAGE CONTROL OFFICER - Motion was made by G. Katz and seconded by D. DeWalt to appoint John J. Feifel, Sr. to serve as the Sewage Control Officer for the Town of Newfane. Unanimous. There will be a change in the state rules which may result in the elimination of a local sewage control officer.
N. COUNCIL ON AGING REPRESENTATIVE - Motion was made by G. Katz and seconded by P. Cotton to appoint Thanice 'Nissa' Petrak to serve as the representative from Newfane on the Council on Aging. Unanimous.O.
PLANNING COMMISSION
There are three positions open on the Planning Commission, a one year position, a two year position, and a four year position. The Board voted at a previous meeting to increase the membership on the commission from 5 to 7. There are five candidates who are interested in serving on the commission. Again there was some discussion about increasing the number on the PC to 9. Motion was made by P. Cotton and seconded by P. Halloran to have the Newfane Planning Commission consist of 7 members. In favor: P. Cotton, P. Halloran, G. Katz and P van Loon. Abstaining: D. DeWalt. Motion passes. The Selectboard agreed to meet for a Special Executive Session Meeting on Friday, March 11th beginning at 3:30 p.m. to interview the five candidates interested in serving on the PC. DAK will contact the individuals to set up the appointments.
P. WINDHAM SOLID WASTE MANAGEMENT DISTRICT - Motion was made by P. Cotton and seconded by G. Katz to appoint Doris Knechtel as the Supervisor and Paul Van Gelder as the Alternate Supervisor from Newfane on the WSWMD Board. Unanimous.
Q. VERMONT GREEN-UP - Motion was made by P. Cotton and seconded by G. Katz to appoint Laura Bacon and Thanice 'Nissa' Petrak to serve as the Co-Chairmen for Vermont Green-Up for Newfane. Unanimous.
R. CONSERVATION COMMISSION - Motion was made by P. Cotton and seconded by G. Katz to appoint Bruce Hesselbach and Gregory Record to the Newfane Conservation Commission to each serve four year term until the year 2009. Unanimous.
S. VILLAGE ENHANCEMENT COMMITTEE - Motion was made by P. Halloran and seconded by P. Cotton to appoint Charles A. Bergmann, Edward J. Druke, Sr., Chris Petrak, Thanice Petrak, John T. Spicer and Margaret Spicer to serve as members of the Village Enhancement Committee until March 2005. Unanimous. It was noted that the purpose of the committee is to plant trees and not become involved in traffic calming issues.
T. TRAFFIC CALMING COMMITTEE
The Board discussed the previous charge of the committee and what has been accomplished. It was suggested that D. DeWalt and P. Halloran get together and offer a fresh perspective on the framework and charge of the committee before any members are appointed. Steve Ovenden of WRC will be at the March 17th meeting to discuss traffic calming measures for VT Route 30.
Each of the people appointed to the above positions will be sent a letter asking if they accept their individual appointments.
U. ASSISTANT TOWN CLERK - Town Clerk, Janice Litchfield, will appoint her Assistant Town Clerk(s).
V. ASSISTANT TREASURER - Town Treasurer, Maureen Albert-Piascik, will appoint her Assistant Treasurer(s).
W. ELECTED OFFICIAL POSITIONS OPEN
(1) FIRST CONSTABLE
Kevin Behan has expressed and interest in continuing to serve the town in this position. The Board will review what responsibilities that they would like the Constable to perform for the town, such as, Animal Control Officer, Traffic Control and the like.
(2) LELAND & GRAY REPRESENTATIVE
No one has come forward to express an interest in this position. If anyone knows someone who may be interested, a letter of interest should be written to the Selectboard.

8. UNSCHEDULED MEMBERS OF THE PUBLIC
A. D. Clarkson asked about having additional reflective strips added to specific speed limit signs along South Wardsboro Road (TH#1). The original premise of the Board was to put the white reflective strips coming into town and the yellow reflective strips at the beginning of the 25 mph speed limit areas. No new locations will be considered until more experience is gained.

12. MINUTES
Minutes of Special Meeting of 01/27/05 - Item 2, page #1 - & 1, 4th sentence - ...for a total width of 24 feet. 5th sentence - ...Board member(s)...
>> 2 to read: Members of the public offered the following concerns:

  • Road built to town specifications would change the character of the village;
  • Aesthetic implications;
  • Wider road would encourage speeding;
  • The developer has proposed areas to widen the road for turn outs as well as a cul-de-sac at the end;
  • The development road should be put in at an angle and not go straight up the hill;
  • The Board should be thinking the Anow@ and not the 'future' and 'what ifs'. Issues can be dealt with in the future if they come up.
  • 4 to read: ...development road should be built ...
    Motion was made by P. Halloran and seconded by D. DeWalt to approve the minutes of the special meeting of 01/27/05, as corrected. Unanimous.

    8. UNSCHEDULED MEMBERS OF THE PUBLIC - (cont.)
    B. D. Clarkson expressed his concerns involving the content of the letter written to Act 250 by the Selectboard regarding the Charles Bergmann development road.
    Board members indicated that:
  • there has been a tremendous amount of time spent on this project be the Board;
  • the town has highway standards as to how roads, including development roads, are to be built;
  • advice from VTrans, VT Local Roads and VLCT recommend having newly built roads, public and private, meet highway standards; exceptions to the rules should not be considered;
  • Safety for the inhabitants of the development for emergency services is of prime importance.

    9. ROAD BUSINESS
    A. ROAD COMMISSIONER'S REPORT
    (1) The road in Newfane are in good shape after the recent winter storms. G. Katz had occasion to travel through other communities and made the observation about the very good condition of Newfane's roads.
    9. D. OTHER ROAD BUSINESS
    (1) A letter was received from H. Pinckney suggesting that the town look into using a liquid salt to treat the roads during the winter. The question was raised about the environmental consequences. A quick note will be written to thank him for his suggestion.
    (2) D. DeWalt asked about having the town look into the use of biodiesel for the truck fuel. The amount of gallons currently being used will be calculated as well as finding out the availability and cost of biodiesel fuel. WSWMD has been using biodiesel in their vehicles.

    9. B. EXCESS WEIGHT PERMITS
    The process of the submission and approval of the Excess Weight Limit permits was explained to the new Board members.
    Motion was made by P. Cotton and seconded by G. Katz to approve the following Excess Weight Limit permits as amended:
    Contractor Vehicle Weights Certificate of Insurance
    Carroll Concrete 3 axle @ 60,000# Okay Yes
      4 axle @ 69,000# Reduced to 60M#  
    S.T. Griswold & Company, Inc. 3 axle @ 60,000# Okay Yes
      4 axle @ 69,000# Reduced to 60M#  
      5 axle @ 80,000# Denied  
      6 axle @ 90,000# Denied  
    Valley Crane Services, Inc. 5 axle @ 132,000# Denied Yes
      4 axle @ 97,000# Denied  
      6 axle @ 108,000# Denied  
      4 axle @ 100,200# Denied  
    Lynde Well Drilling, Inc. 3 axle @ 55,000# Okay Yes
      3 axle @ 61,700# Reduced to 60M#  
      4 axle @ 74,000# Denied  
      5 axle @ 69,000# Reduced to 60M#  
    Gurney Brothers Const. 2 axle @ 60,000# Okay Yes
      3 axle @ 60,000# Okay  
      4 axle @ 69,000# Reduced to 60M#  
      5 axle @ 108,000# Denied  

    Unanimous

    Valley Crane Service calls ahead for special permission for specific and limited projects. There are required to indicate the route taken, date and estimated times of arrival and departure, and they are to provide an escort.

    10. ADMINISTRATIVE ASSISTANT'S REPORT
    A. Marshall Glickman submitted a letter to the Selectboard outlining various questions he has regarding the Delinquent Tax Collector duties and procedures.
    (1) The payment receipt books, in triplicate, will be ordered.
    (2) The professional auditor, John Mudgett, will be contacted about the need for an audit of the delinquent tax records when a new person is elected.
    (3) The town will provide stamped envelopes for use by the Delinquent Tax Collector as they have in the past.

    11. OTHER BUSINESS
    A. Chairman van Loon spoke about the status of the of the appeal of Joseph Wright to the Environmental Court.
    B. The Development Review Board will be holding a site visit and hearing on March 17th for the proposed change of use of a dwelling on VT Route 30 to a veterinary clinic.
    C. The town has received a copy of the new VLCT model Wireless Telecommunication ordinance. It will be compared with the current Newfane Telecommunication Bylaw.

    11. OTHER BUSINESS - (cont.)
    D. There will be a meeting in Dummerston on Thursday, March 10th at 1:00 p.m. with representatives from the towns of Putney, Townshend, Westminster, Dummerston and Newfane to discuss common concerns and problems, in particular, Law Enforcement and the Windham County Sheriff's Department.
    E. The proposal for the expansion of the existing Newfane Post Office is being explored by Wayne White. The USPS has an obligation to consider the expansion of an existing facility first. The property north of the existing PO has been purchased by W. White.

    13. CORRESPONDENCE
    A. Correspondence has been received from Floyd Roberts, VTrans District #2 Administrator, regarding the annual Highway Financial Plan meeting that is usually held in the spring. He will be contacted to determine a date that will be agreeable for him. The meeting is usually held during the daytime hours.
    B. Correspondence has been received from the District #2 Environmental Commission Act 250 matter of Eagle River Mining. The previous reclamation proposal is preferred by the D#2EC to the most recent reclamation plan submitted.

    15. ADJOURNMENT
    Motion was made by G. Katz and seconded by P. Cotton to adjourn the Organizational Meeting of the Board at 10:40 p.m. Unanimous.

    Doris A. Knechtel
    Administrative Assistant
    Newfane Board of Selectmen

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

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    Route 30, P.O. Box 36, Newfane VT 05345, Tel. (802) 365-7772

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