MINUTES - PUBLIC HEARING - ZONING BYLAW AMENDMENTS
THURSDAY, MAY 1st, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and Chris Williams
Also Present: John J. Feifel and Gunther Garbe of the Planning Commission, David Clarkson and Edward Druke, Sr.

1. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING BYLAWS
The Public Hearing was called to order at 7:00 p.m. by Chairman Piet van Loon.
Chairman van Loon read the legal warning for the hearing. The Planning Commission has had their hearings and has forwarded their proposed amendments to the Selectboard.
In section 2230., it was suggested by P. van Loon that the Zoning Board of Adjustment be added to read “If Planning Commission or Zoning Board of Adjustment approval is required...”. The Planning Commission members present agreed with the change. Motion was made by G. Baldwin and seconded by C. Williams to approve of the change as stated. Unanimous.
In section 2400., it was suggested by P. van Loon to delete “or 1974a and 1977 et seq” as it does not apply. Motion was made by G. Katz and seconded by P. Cotton to delete the reference to 1974a and 1977 et seq as proposed. Unanimous.
In sections 2500. and 4413. no changes were made from the recommendations from the Planning Commission.
In section 4414., there was a question as to the change for the height of a fence from five to six feet. Many of the request for a variance before the ZBA was to have a six-foot fence instead of five feet. Also, most of the fencing sold if 6 feet.
Section 4290 puts Signs in their own category. Signs had been in with the commercial designation only.
In section 4472., the reason for the reference to the statutes is that even though agricultural enterprises are exempt for some portions of the bylaw, they do have to abide by the required setbacks. In section 6300., Planning Commission Approval, items d. and e. have been added. These additions correspond to the items listed in 24 VSA § 4407(5).
The recommended changes to a few of the definitions were explained. On the Legal Access definition, “or a private road” was added to assure that setbacks would be met in the event that a private road becomes a town highway.
There was some discussion about the current Town Plan and the relationship with the Zoning Bylaws. The Town Plan includes recommendations and policies for the vision of the town for a five year period. The Bylaws are the enabling mechanism to realize some of the recommendations and policies. The Planning Commission has readopted the current Town Plan as it will expire on June 4th, 2003. The Selectboard will hold a hearing on the Town Plan in the near future.
Due to the changes made, the Selectboard will hold another hearing on the Zoning Bylaw Amendments. Motion was made by P. Cotton and seconded by G. Baldwin to recess the Zoning Bylaw Amendment Hearing until June 5th beginning at 7:00 p.m. Unanimous.

Any and all correction to the following minutes will be made at the 05/15/03 Newfane Selectboard’s meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MAY 1st, 2003
NEWFANE TOWN OFFICE

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

1. CALL TO ORDER
The regular meeting was called to order by Chairman at 7:43 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. OPENING OF AUDIT BIDS
The following bids were received for the auditing of the financial statements for Fiscal Year 2003 and for Fiscal Years 2004 and 2005.

Motion was made by P. Cotton and seconded by G. Baldwin to take the Audit Bids under advisement. Unanimous. G. Baldwin will review the bids and find out what is involved with a GASB 34 audit and if and when it will be required.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
E. Druke has heard that there may be funds available from the Federal Government Emergency Management Division to be used for Homeland Security. He will look into the matter and get back to the Board.

4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #1. A. - It has been determined that an applicant for the replacement of a septic system on Railroad Lane needs to get a permit for digging across the legal trail to install pipes to the new septic site.
(2) Item #1. C. - The Board will go to look at the site on Parish Hill Road (TH#26) near the four corners to determine if there is a way to improve the sight distance at the area of the knoll in question. It was suggested to build up the road on the south side of the knoll. The Board agreed to meet at the site on Thursday, May 8th at 5:00 p.m. and then proceed to the South Wardsboro Road (TH#1) site that has been discussed for possible improvements.
(3) Item #6. - There was discussion regarding the width of the sidewalks to be installed for the Village project. The state prefers a 5' sidewalk. It is hoped that it will be possible for a 4' sidewalk. The question was raised about the width of the right-of-way on West Street. A copy of a portion of a survey prepared by Ted Schreyer was presented showing reference to a 4-rod road (66 feet), rather than the usual 3 rod road (49.50 feet)

4. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #1 - Signs are being vandalized with red spray paint. J. Gray will have to figure out what type of paint remover will be best used so as not to take the reflection qualities off.
(2) Item #2 - The potholes on the Brookline/Newfane bridge (BR#19) have been filled.
(3) Item #3 - It was suggested that a letter be written to the Realtors who deal with the mobile homes. If a Zoning permit has been applied for then the property owners should notify the town when a home is going to be delivered.
4. C. EXCESS WEIGHT PERMITS
Motion was made by P. Cotton and seconded by G. Baldwin to approve the following Excess Weight Permits as listed:

In favor: P. van Loon, G. Baldwin, P. Cotton & G. Katz. Abstaining: C. Williams Motion passes.

4. E. OTHER ROAD BUSINESS
(1) P. van Loon asked J. Gray about putting up 30 mph speed limit signs on Parish Hill Road (TH#26) and Baker Brook Road (TH#19) to help ensure that the speed limit can be enforced by the WCSD.
(2) Bud Bergmann has submitted another Act 250 permit application for the sale of an additional lot on his property. It appears the Mr. Bergmann will be retaining the old log road. The road should meet the Town construction standards. With regards to the change in the current access to the Inn at South Newfane, Mr. Bergmann has not responded to the satisfaction of the town as to how drainage is to be improved on the property. The town will need to keep watch on the situation. There is no time limit for the Board to act on an access permit application.
(3) The Board has received the check list for annual maintenance task list for Bridge #49, the Green Iron Bridge, which is part of the preservation easement agreement with the Agency of Transportation. The completed form is to be completed and returned by late summer. The town should also coordinate with Floyd Roberts for the removal of the deck membrane and repair of the deck on the Green Iron Bridge.

5. B. DRAFT PERSONNEL POLICY
Smoking Policy - In review of the statute’s the reference for non smoking relates to public buildings and not vehicles (18 VSA §§ 1741 - 1744). The current stand alone policy allows for smoking in a town vehicle if the driver is alone or with another smoker.
The Board agreed that the name will be the Newfane Personnel Policy and not Handbook. The Smoking Policy and Sexual Harassment policy will remain stand alone policies and will be referenced in the Personnel Policy.
The overtime issue was discussed again, overtime after 40 hours or overtime after 8 hours. (See minutes of 04/17/03 - Page #3, 5.C.) There will be further research done to look into the laws governing overtime and work with J. Gray on the issue.
The section of Disciplinary Action will be reviewed by G. Katz. As mentioned, it should not be too detailed as a step could be missed there could be a liability for the town.

5. A. DECISION - PAINTING BIDS FOR WILLIAMSVILLE HALL
Messages have been left with Andy’s Home Care regarding spray painting or brushing on the paint but he has not returned the calls as yet. Mark Younger, Maple Leaf Painting, did call and he will be spraying on the paint. He also suggested the Duration Sherman-Williams paint which is 7 ml, and regular paint is 4 ml. Motion was made by G. Baldwin and seconded by P. Cotton to have the Chairman get more of the specifics from the two lowest bidders and get back to the Board members to make a decision before the next regular meeting. Unanimous.

6. NEW BUSINESS
A. 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 recommendations were made for a possible new member to the ZBA.
6. B. GOALS & OBJECTIVES LIST
A few of the Board members agreed to assist the office employee with the initial clean-up and rearrangement of the “stuff” in the upstairs storage room at the Town Office on Monday morning (05/05). Office employees will be notified of the day and time scheduled for the clean-up.
6. C. SCHEDULE MEETINGS WITH BOARD, TOWNS AND AGENCIES
There will be a Special Meeting on May 22nd with the Planning Commission and the Zoning Board of Adjustment at 6:30 p.m. It was suggested that the Board meet with the Windham County Sheriff’s Department on June 19th. P van Loon asked if the Board would be willing to have the Regular Meetings of the Board start at 6:30 p.m. instead of at 7:00 p.m. Board members agreed. 6. D. OTHER

NEW BUSINESS
(1) The WCSD has sent the contract for July 1, 2002 through June 30, 2003 as they could not locate a signed copy at their office and there was not a signed copy in the town’s files. Motion was made by P. Cotton and seconded by G. Baldwin to have the Chairman, Hendrik W. van Loon sign the contract with the Windham County Sheriff’s Department for July 1, 2002 to June 30, 2003 on behalf of the town. Unanimous.
(2) G. Katz inquired about the recent newsletter that was received by the Postal Patron of Newfane, Brookline, South Newfane and Williamsville. Costs for the publication and the distribution all have been from private donations. The publication is intended to be informational.
(3) The Planning Commission has held their hearing for the adoption of the Town Plan and has forwarded the document to the Newfane Selectboard. It was agreed by the Selectboard to hold their hearing for the adoption of the Town Plan on Thursday, June 5th beginning at 6:30 p.m.

7. ADMINISTRATIVE ASSISTANT’S REPORT
A. Item #7 - Both parties who have been asked to remove their “Junk and Junk vehicles” from their property by April 30th have been in and expressed that they will were not able to meet that deadline. D. Brown has indicated that he expects to be completed by May 10th or thereabouts. Some Board members expressed that it may be better to work with the people who are in violation rather than always seek the route of court proceedings. The WCSD will be contacted about the status of the LaFlamme property on South Wardsboro Road (TH#1) with the dilapidated trailer. Discussion was held that there are others within the community that are also in violation of the “Junk Ordinance”. The Board may have to rethink an effective implementation of the ordinance. B. Item #8 - There have been other complaints about the unsightly condition of the Flea Market site. There may not be a legal case for a violation of the “Junk Ordinance”. P. van Loon will look at the site from a Zoning Administrators viewpoint.

8. MINUTES
The minutes of the Regular Meeting of the of 04/17/03 have not yet been completed. The minutes of the Special Meeting of 04/17/03 were reviewed. Motion was made by G. Baldwin and seconded by P. Cotton to approve the minutes of the Special Meeting of 04/17/03 as written. Unanimous.

9. PAY ORDERS
Motion was made by G. Katz and seconded by P. Cotton to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
04/19/03 Payroll $ 2,591.66
04/26/03 Payroll $ 2,565.83
05/01/03 Payroll $ 2,350.89
05/02/03 Acct.’s Payable #24 $ 360,637.42 Unanimous.
IRS Electronic Federal Payroll Tax Payments
04/21/03 $ 1,050.44
04/30/03 $ 810.47

6. D. OTHER NEW BUSINESS - (cont.)
(4) The Department of Housing and Community Affairs has indicated that an extension will not be granted for the South Newfane/Williamsville Historic Village designation grant.
(5) Governor Jim Douglas will be in Newfane on the Village Green on Saturday, May 3rd at 9:30 a.m. for Green-Up Day.
(6) There is an additional pole across from the John Walker property on Dover Road (TH#2) in Williamsville. P van Loon will check with CVPS about the reason for three poles.

10. CORRESPONDENCE
A. The Board has received an Act 250 permit from Charles “Bud” Bergmann for the sub-division of an additional lot.
B. The Village Enhancement Committee is looking into planting three trees on the Newfane Common. They are also considering putting a “Welcome to South Newfane Sign” on the east side of Fred Jenness’s driveway. A permit will be required from Mr. Jenness. As expressed before at previous Board meetings, the “Welcome” in all areas coming into Newfane should have continuity in design.
C. The reports for 03/30/03 to 04/12/03 have been received from the Windham County Sheriff’s Department.
D. The April 2003 issue of the VLCT News has been received.
11. EXECUTIVE SESSION
No matters came before the Selectboard that required Executive Session.
12. ADJOURNMENT
Motion was made by P. Cotton and seconded by G. Katz to adjourn the Regular Meeting of the Board 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

1. Site Visits
A. Jim Gray and I met on 4/23. We conducted site visits on Railroad Lane, Newfane Hill Road (TH#20), and near the four corners on Parish Hill Road (TH#26) at the knoll in front of the Heim residence. On Railroad Lane the question was whether a permit was required for a property owner to dig across this legal trail to lay pipes to a new septic site. The March 2001 Town Map prepared by the Windham Regional Commission confirms that the town trail does run all the way south to Route 30. Consequently a permit is required for the work the property owner wishes to do.

B. On Newfane Hill Road (TH#20) work will be done to improve the ditch line near Ed Druke’s property and some road grading work will be done.

C. On the limited site distance issue near the knoll, there had been one accident in which a young girl was cited for driving unsafely. Sight distance is limited, but it would require major work to cut down the knoll to improve it. (It looks like ledge under the road in that area.) There are a number of similar limited sight distance spots around town. This one seems to be well-signed in both directions.

2. Smoking Policy
I checked with Jim for his ideas about the smoking policy being considered. He thinks it is a major change in working conditions from what has been the de facto situation for the past twenty years. He is also concerned that the two current smokers on the crew - both approaching retirement age - might opt for early retirement if such a policy is instituted.

3. Recycle Area Clean-up
Jim has begun to make sure the area around the recycle containers is picked up. No problem with continuing to handle this situation.

4. Waste Oil
As long as the representing party has an approved furnace, Jim has no problem with giving the waste oil to whoever would like it. In the past, Courtney Nau and A.S. Clark have been recipients.

5. Broken Sidewalks
Bob Litchfield asked about broken sidewalks near the Union Hall. The curbs proposed under the Village sidewalk project should offer protection from further damage in the future. In the absence of curbs, it is hard to tell where the sidewalks are under the snow.

6. Village Sidewalk Project Meeting
On 4/21. I attended a meeting on the Village Sidewalk Project. VTrans had sent a letter with a number of comments that need to be addressed. This does not appear to be a major issue. A question was raised, however, about getting a formal statement of Right of Way on West Street since the ROW currently is “presumed in deeds. Is there any way we can help on this?

7. Gas Tanks
The gas tanks at the Town Garage need to be checked by July 6 as part of an inspection due every three years. Jim is setting up with the firm that originally installed the tanks and conducted the tests last time.

Gary Katz, Road Commissioner

ROAD FOREMAN’S REPORT 05/01/03
TOWN OF NEWFANE HIGHWAY

1. The following roads were graded, raked, and graveled where needed: South Wardsboro Road (TH#1), Wiswall Hill Road (TH#11), Cemetery Hill Road (TH#), Baker Brook Road (TH#19), Wildwood Acres Road (TH#), Parish Hill Road (TH#26), Browns Road (TH#), Adams Hill Road (TH#47), Toby Hill Road (TH#), French Cabin Road (TH#), Sunset Lake Road (TH#), Lost Mile Road (TH#43), Hobby Hill Road (TH#19), Grout Road (TH#19), Upper Spring Hill Road (TH#), Jail Street (TH#), Spring Hill Road (TH#), Deer Hill Road (TH#37), Chapin Road (TH#), Duke Road (TH#), and school parking lot. Signs are being vandalized.

2. Bridges: A. The following bridges have been cleaned and are prepared for washing: 4 bridges on Hunter Brook BR#57, BR#45, BR#35, BR#36, Hunter Brook Road BR#47, Porter Thayer BR#50, Parish Hill Road BR#41, River Road BR#48, Roy Brooks BR#44, Wiswall Hill BR#43, Stratton Hill BR#42, Lynchs BR#46, Jack Hill BR#13, and Munroe BR#15. B. Brookline BR#19 potholes were filled.

3. When over width loads are moving modular homes or trailers over town roads the highway department and fire companies should be notified in advance.

4. Equipment: A. The International 4900 series truck is at Delurey’s having warranty and other repairs done. B. The ‘90 Mack is at State Line for differential leak and front axle leak external. C. All other equipment is operational. D. Sanders to be oiled and covered.

5. Mud season signs have been taken down.

6. Green-Up day pick up - Monday 05/05/03.

Respectfully submitted,
James O. Gray, Road Foreman

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: May 1, 2003

1. Martha Webber called about the property adjacent to her and Clay Coyles, currently belonging to Don Elliot. She indicated that Bryan Light may not be purchasing the property.

2. I attended a very informative seminar in Montpelier (04/23) on the Legal Aspect of Property Tax which involved the Listers and Board of Civil Authority and Tax Abatements. I have made copies of information pertaining to the Abatement of Taxes. We also received a copy of the Handbook on Property Tax Appeals.

3. On 04/24 I attended the workshops at the Municipal Officers Meetings in Springfield pertaining to Listers as well as a free workshop in Brattleboro on 04/30 for Listers. Both workshops were advantageous. I made copies of all information for Ted.

4. I called a spoke with Roger Whitcomb about the idea of removing the asphalt from Bridge #19, Brookline/Newfane bridge. He suggested that it would not be a good idea as the wooden surface would become slippery when wet. Warning signs would need to be put up. The temporary bridge is to be installed in August.

5. Don Mayer was in to complain about the condition of Jail Street (TH#56). He would like to see it paved or at least have paved aprons. J. Gray just happened to grade the road the next day after his complaint. Mr. Mayer came in to thank the Road Crew.

6. Peter Rysz of Baker Brook Road (TH#19) called about putting up a speed limit sign for vehicles heading in a southerly direction on the road. There is a 25 mph sign on Baker Brook Road coming into the village before the intersection with Dover Road (TH#2).

7. Doug Brown was in to say that he is working on removing all of the junk vehicles from his mother’s property on Browns Road (TH#45) but he does not expect to be completed until May 10th or thereabouts.

8. Joseph St. Amant came in to complain about the unsightly condition of the Flea Market property. It is a mess and he would like something done about it. His property is directly across the road from the Flea Market operation.

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