MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MARCH 20th, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and Chris Williams.
Also Present: James Gray as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman at 6:32 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. R. WHITCOMB & M. TUTTLE - VTRANS - BRIDGE #14
Roger Whitcomb of VTrans called to indicate that he and Mr. Tuttle will not be attending this evenings meeting. He has rescheduled for April 3rd at 6:30 p.m. They would like to view the underside of Bridge #14 and the Covered Bridge (CB#17) before they come to talk with the Board. The current snow cover does not permit them to do so.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
No one present.

5. A. DRAFT PERSONNEL HANDBOOK
In order to move forward with the Draft Personnel Handbook, the Board may have to have a special meeting to review the proposed policy with L. Bedell and F. Bacon who worked on the revisions as being presented.

5. B. OTHER OLD BUSINESS
(1) There have been a few reports of fences or shrubs being damaged during the winter months, possibly from the regular winter maintenance. It has been the policy in the past that if items are within the town highway right of way and are damaged due to road maintenance, the repair and replacement is the responsibility of the landowner. At various times, property owners have been granted permission to allow for something to be put in the town highway right of way with the clear understanding that any damage caused by road maintenance will be the responsibility of the owner not the town. The burden of proof of any damage is on the landowner. Board members agree with the policy that the property owner is responsible for any damage to items within the town highway right of way.
(2) At a recent meeting the Board discussed having a buildings person to oversee town owned buildings for minor repair situations that need to be taken care of and suggestions for major items to include in future budgets. The buildings include the town office, two town garages and the Williamsville Hall. Chris Williams agreed to perform that function for the Board. One item that came to mind is the replacement of the front doors at the Williamsville Hall with doors of the same design. A potential contractor had been contacted.
(3) The Board members have been given a copy of the previous Board’s Goals and Objectives list to review. Some of the items have been completed and other items need to be changed around in order of priority.

4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #2 - The RC and RF will be putting an emphasis on conducting the road, bridge and culvert inventory/survey after the snow is gone and mud season is over.
(2) Item #3. B. - The sight distances for both proposed access configurations on the application submitted by Bryan Light are marginal. There is also a bridge to be installed. It has been suggested that the Board take a look at the proposed sites and that there be design plans for the bridge. There should also be a state review with recommendations to the town.
(3) Item #5. - The town should revisit the issue with Eagle River Mining of any road material from the soapstone quarry to be used on town roads or trails meet the State’s highway standards. There was an agreement twenty years ago for a monetary amount to be given to the town for road maintenance on South Wardsboro Road (TH#1). R. Cable has put a substantial amount of gravel on the White Birch Lane, town trail, to maintain the trail.

4. E. HIGHWAY GRANT APPLICATIONS
All of the information for the Highway Grant Application is not available for this meeting. Three applications are to be submitted. One for one mile of retreatment on Depot or Dover Road (TH#2), the replacement of the substandard railing and deck replacement on Monroe Bridge (BR#15), and the repair/replacement of the Culhane retaining wall on Dover Road (TH#2) opposite the Green Iron Bridge (BR#49). The applications have to be at District #2 VTRANS by March 31st. After discussion, it was agreed by the Board to meet on March 27th at 4:30 p.m. to review and sign the Highway Road and Structure Grant applications.

4. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #2 - Mud season has arrived. South Wardsboro Road (TH#1), Baker Brook Road (TH#19), and Parish Hill Road (TH#26) have been posted for mud season heavy vehicle traffic. The new signs are clearer and easier to read. Roads with mud problems are being worked on and all are passable. C. Williams noted that the Road Crew has done a good job on the mud problems and he appreciates the run outs that have been added.

4. F. OTHER ROAD BUSINESS
(1) The Road Commissioner and the Road Foreman have reviewed the Petition and Order for Pole and wire Locations submitted by Verizon and agree with the proposal to move pole 132 on Dover Road (TH#2). Motion was made by G. Baldwin and seconded by G. Katz to have the Board sign Verizon Job #4AABGB File 03-046 for approval. Unanimous.

4. C. EXCESS WEIGHT PERMITS
Motion was made by G. Katz and seconded by P. Cotton to approve the following Excess Weight Permits as listed:

2. B. B. LANDENBERGER - VILLAGE CENTER DESIGNATION
Bruce Landenberger was present to discuss with the Board the possibility of applying to have Newfane Village designated as a Village Center. There are tax credits associated with substantial rehabilitation of certified income producing historic buildings, 5% from the state and 20% from federal rehab investment. There is also a 50% VT tax credit for Code Improvements up to $5,000. Mr. Landenberger will take care of the paper work for the application. It was suggested that he contact the Village Trustees through Bea MacFarland about the proposal. It was reported that Susan MacMahon of WRC will assist with the application as she has been involved in the same process with Putney, Weston and Saxtons River. The town would not have any financial commitments to the process. Motion was made by G. Baldwin and seconded by P. Cotton that the Newfane Selectboard is in support of the development of the application for Newfane Village to be a Village Center Designation. Unanimous.

2. C. OPENING OF BIDS - WILLIAMSVILLE HALL WALKWAY & STEPS
The following bids were received for the replacement of the Williamsville Hall Walkway and Steps:
Welch Masonry LLC $ 4,984.00 Includes 5' frost wall
D & L Construction $ 5,810.49 Frost wall not included
D & L Construction $ 6,747.81 Includes frost wall

The town will receive a grant in the amount of $2,500 from Historic Preservation. The other funds will have to come from the general or Capital budgets. Motion was made by G. Katz and seconded by G. Baldwin to award the bid for the replacement of the Williamsville Hall Walkway and Steps to Welch Masonry LLC for the amount of $4,984.00. In favor: P. van Loon, G. Baldwin, G. Katz and C. Williams. Abstaining - P. Cotton. Motion passes.

6. C. OTHER NEW BUSINESS
(1) P. van Loon indicated that there needs to be an added concrete walkway between the highway and the handicap ramp. He had to assist with a wheelchair at a recent event at the hall and it was difficult to maneuver. Motion was made by G. Katz and seconded by G. Baldwin to have P. van Loon or C. Williams talk with Welch Masonry about the addition to the project. Unanimous.

6. NEW BUSINESS
A. DRAFT AUDIT BIDS
(1) The Board members reviewed the Draft Audit Bid for one or three years beginning with FY 2004 and ending with FY 2006. The Board agreed to send out the RFP’s.

6. B. APPOINTMENTS
(1) REPRESENTATIVE TO RESCUE, INC.
A possible candidate has been contacted, but no response has been received as yet.
(2) ZONING BOARD OF ADJUSTMENT - TERM - 2007
No suggestions have been made for a possible new member to the ZBA.
(3) CONSERVATION COMMISSION - TERM - 2007
The Conservation Commission has not made a recommendation to the Selectboard for a new member to be appointed to the commission.
(4) ZONING ADMINISTRATOR
The Planning Commission has recommended that Hendrik van Loon be appointed to serve as the Zoning Administrator for the town for another three-year term to begin on April 1st 2003 with the proviso that a replacement be actively sought as soon as possible. Mr. van Loon will not leave the position until his replacement has been trained. Motion was made by G. Katz and seconded by P. Cotton to appoint Hendrik van Loon to serve as the Zoning Administrator until March 31st, 2006. In favor: G. Baldwin, P. Cotton, G. Katz and C. Williams. Abstaining - P van Loon. Motion passes. P. van Loon indicated that someone interested should be pro-zoning, know the process and how it all fits with Planning. It is mostly a half day position with not as much time spent during the winter months.

6. C. OTHER NEW BUSINESS - (cont.)
(2) The Planning Commission held a public hearing on March 18th, 2003 on the proposed amendments. No objections were raised. The PC has forwarded the proposed amendments on to the Newfane Selectboard to be considered at one or more public hearings of the Selectboard. After the hearing or hearings of the Board, the amendments may be adopted. The proposed amendments clean up some of the verbiage, changes the allowable height of a fence from five to six feet, allows for the issuance of tickets, increases the fine to $100 for each offense, clarifies the front yard setback, changes the location of the sign requirement which previously only dealt with commercial signs, added two additional considerations for site plan approval, and clarified some of the definitions. A legal hearing will be put in the paper for an April 17th Board hearing. The Planning Commission will be holding a hearing on April 29th to consider readopting the current Town Plan which expires on June 4th. The Board of Selectmen will also hold a hearing on the Town Plan before readoption.
(3) Board members will review the policy relating to the payment of approved appropriations for the next meeting. The policy has been in effect since the early 1990's.

5. B. OTHER OLD BUSINESS - (cont.)
(4) Two letters were sent to property owners who are in violation of the Junk and Junk Vehicle ordinance. They are supposed to have their properties cleaned up by April 30th, 2003 or tickets and fines will result. The WCSD needs to be contacted to find out what has happened in the matter of the LaFlamme trailer on South Wardsboro Road.
(5) A letter as written to the owners of a trailer on Hunter Brook Road (TH#32) to indicate that the trailer was in danger of buckling from the snow load and it did. There is a zoning violation on the trailer that is within the town highway right of way.
(6) P. Cotton asked about asked about the question raised at Town Meeting about the removal of snow from the village sidewalks. The Newfane Village Bylaws require that the property owner remove the snow from the sidewalks in front of their property. When the Board schedules a meeting with the Trustees this topic will be on the agenda.
(4) The Board members will continue the process meeting with area towns, law enforcement, fire departments and town commissions and departments during the first meeting of the month. It has been suggested by the chairman of the Townshend Selectboard to have a quarterly meeting of a representative from the towns of Jamaica, Townshend, Newfane, Brookline and Dummerston. WRC currently has Cross-town talk meetings that involve Windham County towns. (5) P. Cotton has been discussing the development of a town Newsletter, much like Grafton’s, with Ann Montgomery and Missy Sterns. It would be mailed to all Newfane Postal Patrons, including Williamsville and South Newfane by the bulk rate using the town’s permit # with permission.

5. A. DRAFT PERSONNEL HANDBOOK - (cont.)
One of the issues that may cause much discussion will be the proposed smoking policy of no smoking in the vehicles. The suggestion has been made of having a smoking shelter outside of the town garage. The Board may or may not want to include the current Sexual Harassment Policy with the proposed handbook. G. Katz indicated that the proposed handbook disciplinary action is less specific and more general in nature.

7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Item #5 - Johanna Gardner has not accepted her appointment to serve as the Co-Chairman for Vermont Green-Up. Both J. Gardner and L. Bacon have indicated that Nissa Petrak is interested in serving as Co-Chairman with L. Bacon. N. Petrak will be contacted to see if she is interested in being appointed.
B. Item #7 - The Board of discussed the possibility of forming a Finance Committee with the possibility of the group to be a liaison between the professional Auditor and the Board.

10. CORRESPONDENCE
A. Ryan Astley of Newfane wrote a letter to the Board regarding the issue of the potential closure of Sears Road. He feels that the people’s safety comes before a shortcut to Route 30. A response will be written from the Chairman expressing appreciation for his interest in the matter.
B. Correspondence has been received from the Agency of Human Services regarding the appointment of the Town Service Officer. Barbara Williams was appointed by the Board at the March 6th meeting. The appointment form was signed by the Board members, excluding C. Williams.
C. The Department of Health has asked for a recommendation for someone to serve for a period of three years beginning May 1, 2003 as the Deputy Health Officer for the Town of Newfane. Motion was made by G. Katz and seconded by P. Cotton to recommend the appointment of John J. Feifel, Sr. by the VT Department of Health to serve as the Deputy Health Officer for Newfane. Unanimous. J. Feifel has served in that capacity for more than five years.
D. The WRC News Briefs minutes of previous meetings and the agenda for an upcoming meeting on March 25 in Townshend has been received from Windham Regional Commission.
E. The Windham County Sheriff’s report for 02/16/03 to 03/01/03 has been received.

8. MINUTES
Motion was made by G. Baldwin and seconded by P. Cotton to approve the minutes of the Regular Meeting of 03/06/03, as written. Unanimous.

9. PAY ORDERS
Motion was made by G. Katz and seconded by G. Baldwin to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
03/08/03 Payroll $ 3,503.84
03/15/03 Payroll $ 2,866.47
03/20/03 Payroll $ 745.37
03/21/03 Acct.’s Payable #20 $ 13,328.20 Unanimous.
IRS Electronic Federal Payroll Tax Payments
03/12/03 $ 1,553.87
03/19/03 $ 1,249.33

11. EXECUTIVE SESSION
No matters came before the Selectboard that required Executive Session.

12. ADJOURNMENT
Motion was made by G. Baldwin and seconded by G. Katz to adjourn the Regular Meeting of the Board at 9:45 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

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

1. Mud Season

This year’s mud season appears to be one of the more dramatic ones in recent years. The road crew is raking, filling, and grading in the on-going battle with the weather. The crew has been very responsive to calls that I’ve received and shared with them.

2. Weekly Meetings with Road Foreman

Jim Gray and I will be meeting regularly at 10 A.M. on Wednesdays at the Town Garage. We have met twice so far. Once the snow is gone, a portion of these meeting each week will be devoted to conducting the roads, bridges, culverts survey needed to enable Newfane to receive a higher percentage of State funds on major projects.

3. Permits

A. A permit request to move pole 132 on Dover Road a few feet back from the road seems fine.

B. An access permit for Don Elliott’s property on South Wardsboro Road probably needs to be put on hold until the snow clears and the Board can visit the site. There will be a new bridge involved and site distances at both access options suggested appear not to meet standards. Jim suggests that the Board look at the sites and ask for design plans for the bridge, and also perhaps ask State to take a look at it and make a recommendation.

4. Paving Grants

The Board may want to look into the possibility of State paving money grants that would allow us to double the amount of road work we currently do in this area each year.

5. Soapstone Quarry

Glenn Bowman called to ask for definitions of the various classes of Town Roads and Trails. In relation to maintaining South Wardsboro Road, we need to assure that any road material provided from the Quarry is of appropriate hardness based on the State’s highway specifications.

Gary Katz, Road Commissioner

1. Winter storms occurred on 2/22, 23/03 and on 3/2, 5, 6, 13/03 kept the Road Crew busy plowing, salting, and sanding. Roads have been pushed back and run outs cut out to drain water off the highways. Ice buildup on roads and edges of roads was difficult to remove due to the very cold temperatures for drainage.

2. Mud season arrived last weekend. The very warm temperatures coupled with deep frost caused many roads to rut up and have pot holes. South Wardsboro Road., Baker Brook Road, and Parish Hill Road have been posted for mud season. Work is constant on the highways. All roads are passable.

3. Equipment: A. The F-550 emergency brakes were repaired at Rountree Ford. B. The International 4900 series clutch to be adjusted. C. All other equipment is operational.

4. Todd Lawley is out of work due to his knee injury.

5. I called Paul Gould, VAOT District #2, in regard to application for Monroe Bridge #15 repairs. Paul to have the application ready soon.

Respectfully submitted,
James O. Gray, Road Foreman

Please send all comments, suggestions and questions to info@newfanevt.com