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Any and all corrections to the following minutes will be made at the next regular 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
APRIL 20th, 2006
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Priscilla Cotton, Dan DeWalt, Patricia Halloran and Gary Katz.
Also Present: Gary Katz, Gunther Garbe, Ellen Darrow, Tony Fratino, Ed Mello, Priscilla Wright, Marilyn Tessier, Merle Tessier, Edward Druke, Mike Fitzpatrick of Fitzpatrick Excavating, Walter Phelps of Newfane Traffic Calming Committee, Attorney Stephen Phillips representing Joseph Wright, Joe Wright, John Feifel, Chris Williams as Road Commissioner and Todd Lawley as Road Foreman.

1. CALL TO ORDER
The regular meeting was called to order by Chairman P. van Loon at 6:35 p.m.

2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT
(1) The road crew is doing a good job and the roads are in good condition.
(2) Vic Benjamin Road (TH#64) - There is not enough room to put in a town truck turn around at the end of the road. Todd will look into having an agreement with Marchi about the use of the driveway as a truck turnaround.
2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Board members reviewed the Road Foreman's report with Todd. None of the items required any action.
(2) Todd also indicated that the planks on the River Road bridge (BE#48) are coming up and need either repair or replacement.
(3) The advertisement for another employee for the Highway Crew needs to be sent to the Reformer again. The additional person will bring the crew back up to 5 members.
2. C. EXCESS WEIGHT PERMITS
Motion was made by P. Halloran and seconded by D. DeWalt to approve the Fleet Excess Weight Limit permit until March 31, 2007 for A.S. Clark and Sons for:
3 axle @ 60,000#
2 axle @ 33,000#
5 axle @ 80,000# Unanimous. Current Certificate of Insurance was included.
Motion was made by P. Cotton and seconded by P. Halloran to approve the Fleet Excess Weight Limit permit until March 31, 2007 for Derrig Excavating, Inc. For:
2 axle @ 35,000#
3 axle @ 60,000#
4 axle @ 69,000#
5 axle @ 80,000# Unanimous. Current Certificate of Insurance was included.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. APPOINTMENT - ZONING ADMINISTRATOR - G. GARBE
At the recommendation of the Planning Commission, motion was made by P. Cotton and seconded by P. Halloran to appoint Katy Robinson to serve as the Zoning Administrator for the Town of Newfane for a three year term ending in March of 2009. Unanimous.

4. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Ellen Darrow - At a previous meeting, spoke to the Selectboard about a continuing problem within the community regarding "junk" and "junk vehicle" on various properties. Chairman van Loon will draft a general letter be sent to a list of all potential property owners that are in violation of the Junk and Junk Motor Vehicle Ordinance . The violation for junk vehicles is if there are three or more unregistered junk vehicles visible from the travel portion of a public highway. It is possible for a property owner to apply for a junkyard permit which would need to be properly screened.

2. E. PAVING - LANE CONSTRUCTION
Chairman van Loon will stay on top of the situation by contacting Patrick Paul and Larry Underwood of Lane Construction again to get the matter of the poor paving job (October 2005) that was done on Grimes Hill Road (TH#5) resolved.
2. H. OTHER ROAD BUSINESS
(1) The Selectboard has received two proposals from Fitzpatrick Excavating for work to stabilize the Grimes Hill bank, ditches and culverts and road repair. The prices ranged from $189,000 to $200,000. A quote from Lane is included in the proposal for reclamation and paving. The town has submitted a Class 2 grant application to the state for this project.
(2) J. Mandell spoke of the waste paper and debris around the recycling containers. There is a fence there now that was put up by the Windham Solid Waste District along with the mesh fencing that is attached. It was suggested that the fence be extended on the sides along with the mesh to keep the waste paper from blowing around the yard.
(3) The lawn that was damaged by the town plows will be replaced at the Sylvia Kinney property on South Wardsboro Road (TH#1) by Todd and the crew.
(4) A proposal will be forthcoming fro Mark Gray for the mowing of the lawn at the Town Office and at Williamsville Hall as well as the town owned cemeteries.

5. OLD BUSINESS
B. (2) TRAFFIC ORDINANCE
D. DeWalt asked about the changing of the speed limit sign on Baker Brook Road (TH#19) to 25 mph for trucks. The Traffic Ordinance will need to be changed. Todd Lawley has also produced a list of places where there needs to be stop signs put up at intersections. These changes will be incorporated into the Traffic Ordinance to be adopted by the Board and be effective within 60 days of adoption unless a petition is received for a special town meeting.

6. A. APPOINTMENTS
E. Druke did sign the appointments for the Emergency Management Committee and for the Town Energy Coordinator but has decided to resign from both positions. Chairman van Loon read the letter of resignation. Motion was made by P. Cotton and seconded by P. Halloran to accept E. Druke's resignation as a member of the Emergency Management Committee and Town Energy Coordinator. Unanimous. The Board will be looking for someone to serve in each of these positions. EMC may have a suggestion that they will give to the Board.

3. SCHEDULED MEMBERS OF THE PUBLIC
B. TRAFFIC CALMING - WALTER PHELPS
Walter Phelps indicated that the Traffic Calming Committee will research the legal use of Adelineators@ on town highways and get back to the Board with their findings with potential possibilities. Sources of information would be the VT statutes and Vermont Local Roads. Board members agreed to the suggestion of having the TCC look into a more active role for the Constable with traffic enforcement. The TCC will get back to the Board with their findings.

B. Attorney Stephen Phillips/Joseph Wright - Attorney Phillips gave some background information regarding Joseph Wright's history of an application for a garage to store his equipment and his appeal of the denial to build the structure. P. van Loon indicated that the Zoning Bylaw requires that he have two-acres for each commercial venture and he only has 3.6 acres. There is a house and a beauty salon on the property as well as a sign for his excavating company. If a variance is to be granted by the Development Review Board or the Environmental Court to the appealant, all five criteria listed in 24'4469(a) the facts need to be found and mentioned in the final decision. The Wright issue is not a decision to be made by the Selectboard, but is to be determined by the DRB.

5. OLD BUSINESS
A. SIGN EMPLOYEE WAGE INCREASE SHEET
During the budget process the Selectboard made the decison to give employee a 4.1% increase. Since that time some employees have left employment, there has been a new hire and another employee has been given an additional increase, all of which are noted on the wage increase sheet. Motion was made by P. Cotton and seconded by J. Mandell to sign and approve the Wage Increase Sheet for FY 2007 fo Newfane Employees. Unanimous.
5. B. (1) PERSONNEL POLICY
P. Van Loon has been working on the Personnel Policy, using the Mendon policy as a guideline, and has a few sections to review and would like Board members to review them as well. Areas include - Holidays, Discipline and Smoking Policy
5. C. OTHER OLD BUSINESS
D. DeWalt brought up the status of the Windham County Sheriff's Department incident report. It is still not being done as requested by the Newfane Board. Chairman P. van Loon will write a letter to Sheriff Prue regarding that matter.

6. B. OTHER NEW BUSINESS
(1) D. DeWalt asked that the Selectboard sign another resolution of the Town Vote on the impeachment article to deliver to the U.S. Congress. It was an action by the voting townspeople. It was suggested that D. DeWalt obtain a certified copy of that section of the Town Meeting minutes from the Town Clerk.
(2) Acting Zoning Administrator has sent a letter of violation of Zoning Permit to Phoenix Mgmt. Company . P.van Loon also suggested that Act 250 be notified of a possible violation of an Act 250 permit for this same property located on VT Route 30.
(3) The Morris Dancers would like permission to close West Street (TH#1) and Church Street (TH#55) from about 4:00 p.m. to 7:30 p.m. on Sunday May 28th. Permission granted.
(4) The Board would like to purchase an extended warranty for the new Sterling truck that was recently purchased from L & B Truck Center. Chairman van Loon will write a letter outlining the warranty desired and get the proper paper work needed to sign.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #5 - Board members discussed P. Rysz's concerns and the enforcement of overweight vehicle traffic. The Department of Motor Vehicles will need to be contacted as they have the portable scales that are needed to weigh the excess weight vehicles.
B. None of the items listed required any action by the Selectboard at this time.

8. MINUTES
Motion was made by P. Cotton and seconded by P. Halloran to approve the minutes of the special meeting of 03/27/06, as written. Unanimous.

2. G. DRAFT FACT SHEET - COVERED BRIDGE (CB#17) FOR 04/27
A chronological fact sheet has been developed by J. Mandell from information contained in the ever-growing covered bridge files. Board members reviewed the information and made a few changes. Copies of the updated information will be made available for the public meeting to be held at the NewBrook Firehouse on April 27th beginning at 7:00 p.m. Roger Whitcomb for Vtrans will be in attendance to assist the Board with the discussion and to answer some questions.

9. CORRESPONDENCE
A. Selectboard members received a letter from Henry Pinckney regarding matters concerning the NewBrook Fire Department and the Windham County Sheriff's Department. A copy of the letter has been sent to Sheriff Prue, NBFD and John Pyatak. A response to the letter will be sent by Chairman van Loon.
B. The town has received a copy of the Entry of Appearance submitted by ANR for the Kroka Expeditions Act 250 hearing.
C. Notification has been received for the state regarding a subdivision of land on Lost Mile Road on property owned by David C. Work and Gina M. Galassi.
D. Notification has been received regarding the decision of Judge Merideth Wright of the VT Environmental Court regarding the C. Bergmann Act 250 Subdivision.

10. PAY ORDERS
Motion was made by P. Cotton and seconded by P. Halloran to approve the Newfane Payroll Warrants and the Accounts Payable Warrant for the following amounts:
04/12/06 Payroll $ 4,567.82
04/19/06 Payroll $ 2,345.98
04/21/06 AP Warrant #20 $ 43,289.42 Unanimous.
IRS Electronic Federal Payroll Tax Payments
04/19/06 $ 2,005.49
04/26/06 $ 814.32

11. EXECUTIVE SESSION - IF NEEDED
No matters came before the Board that required the need of an Executive Session.

12. ADJOURNMENT
Motion was made by P. Halloran and seconded by J. Mandell to adjourn the Regular meeting at 10:20 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


ROAD FOREMAN'S REPORT - April 20, 2006

1. Roads: We are gaining on mud season now. South Wardsboro (TH#1) still has a little bit by the town line that we are watching. I took the posted signs down on Newfane Hill Road (TH#20) Baker Brook Road (TH#19), Parish Hill Road (TH#26) and Timson Hill Road (TH#41). Adams Hill Road (TH#27), Penner Road (TH#) and South Wardsboro Road (TH#1) are still posted at this time. We are grading a lot of roads at this time. Dick has just started on the grader and is doing a good job. Joe has been straightening up road signs that were leaning over and replacing the posts that were broken. We did put up the Pickle Hill Road (Pvt) sign and the Slow Children Playing sign on Loop Road (TH#76). I had Cersosimo bring in 500 yards of gravel also.
2. Equipment: The F-550 has been at David Ford for front and rear brake shoes and to have a short in the directional lights fixed. I have redone an old set of grader specs and reviewed them with Doris. The John Deere salesman was in and he thinks that we have enough money in the budget to get an all wheel drive grader. I put in the bid to list it as an option in case there is enough money for it. Then the Selectmen can decide which way to go. The F-350 has gone to Norm Brooks to be oil-undercoated. Most of the trucks and sanders have been pressure washed and oiled as well.
3. I have made up a list of work to be done and have it posted in my office for the guys to look at daily. I won't be in next week except to make out the time. I have reviewed the list with the guys and Dick will plan out the days work with Joe.
4. I have asked Bob Cable to work with the crew next week as well. He said he will except for Monday.
5. We are watching the bridge problems and are still picking up lag bolts on a regular basis. We have had some problems on Stratton Hill Bridge (BR#42) with a contractor taking a ten-wheeler over it. He has been told that it has to stop or we will have D.O.T. up there to see him. We will begin to shovel off and sweep the bridges next week so the fire departments can wash them off.

Thank you.

Todd Lawley
Road Foreman


To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: April 20, 2006

1. The new Highway Crew employee, Herb Edgerly, will be starting on May 1st.

2. I have prepared the specifications for Todd for the purchase of a new Grader for the town. He has suggested that the town include the language that the equipment will not be purchased before July 1st of 2006.

3. Norm LaMoria was in to look at the light fixtures and to inspect the type of insulation in the building. He will be able to do the job to replace the lights. He was going to be in contact with P. Cotton.

4. Other than the e-mail that I forwarded to you, I have not heard from D. Scott Newman of VTrans Historic Division about his visit to view the Culhane Corner project.

5. Peter Rysz of Baker Brook Road was in to ask who the town uses for an attorney regarding trucks. Spoke with him about the truck use of Baker Brook Road/Parish Hill Road and he does want to keep the covered bridge, but wants the Board to limit the use of the roads in question to local truck use only.

6. I left a message with the AA from Mendon regarding their current Personnel Policy and if there have been any changes, any problem areas, etcetera, from the policy that Newfane is using as a model for a new policy. She is on vacation this week, so I hope to hear from her sometime next week with a response. I have copies of the Mendon 2000 policy if anyone needs another one.

7. I am putting together a vacation schedule for the 19 days I have to take before June 30, or I lose it. It may be some Mondays and/or Fridays and the last two weeks in June. I would take the whole month of June off but there are too many Lister things that need to be done.

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