MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MAY 20th, 2004
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Carleton Chaffee, Priscilla Cotton, Gary Katz, and Chris Williams.
Also Present: Gunther Garbe of Newfane Planning Commission, Steve Ovenden of WRC, Lt. Kevin Anderson of Vermont State Police, Kurt Bostrom as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman van Loon at 6:34 p.m.

2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #1. A. - The previous discussion about the lines being buried near in South Newfane by the Bergmann property will not occur.
(2) Item #1. B. - It was noted that the maintenance of the water by the Bergmann property is the responsibility of Mr. Bergmann. He should have some water bars on his property to keep the water from coming into the town road. The work that Kurt is planning is due to some regular maintenance.
(3) Item #6. B. - The roadside mowing bids have been advertised. The town has received one bid so far.
(4) Item #7. C. - Kurt will explain the value of the plow for the new Loader.

2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #2 - On River Road (TH#15) all ditched and culvert inlets have been cleaned. This will be done on other roads as well, including Grout Road (TH#19) and Upper Newfane Hill Road (TH#20. The crew is being introduced to the use of geo-textiles for use on road projects. Felt is being used under the road in wet areas and filter fabric in drainage ditches. Kurt has been having the crew work together and share various responsibilities. There has been some cross training on the grader as Paul Jones will be retiring soon.
(2) The liquid chloride is to arrive this next week. A old town garage has had an area cleaned out for the storage of the liquid chloride. A hasp needs to be repaired on one of the bays in the old garage.
(3) Item #8 - The diagonal boards on the covered bridge need to be replaced. Kurt has spoken with Roger Whitcomb and others about the approach to take. He has obtained prices for the lumber to be used. The idea from Renauld Bros. is to have a gluelam sub-deck with runners which should last three or more years. When the work is to be done, the bridge will be closed and the traffic will have to detour onto Parish Hill Road (TH#26) and Baker Brook Road (TH#19). Comments were made about the large volume of traffic that uses the covered bridge and the bridge was not built for that type of traffic load.
(4) Kurt has a from to be used for the culvert inventory. P. Jones will assist with the project. There are an estimated 1,800 - 1,900 culverts within the town. A GPS location needs to be provided. WRC may be able to assist with the GPS next year if the culverts are flagged. P van Loon and the NewBrook Fire Department have hand held GPS instruments.
(5) The Board would like Kurt to look at the drainage off of Steep Way (TH#21) for a possible change in the drainage.
2. D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way Permits were received that required action.
2. E. UPDATE - SOUTH WARDSBORO ROAD (TH#1) PROJECT - No update.
2. F. UPDATE - CULHANE CORNER
A letter has been received by the abutting property owners to Culhane Corner from Steven's & Associates to let them know of the surveying work that is being done in the area. They will be surveying approximately 500 feet on either side of the Culhane property. They request permission to inspect sewer/drainage structures. Stevens & Associates are also asking landowners if they have any unrecorded documents or plans that may be helpful help indicate the common boundaries.

HEARING - READOPTION OF THE INTERIM WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW
Motion was made by G. Katz and seconded by P. Cotton to recess the regular meeting of the Selectboard and call to order the hearing for the Readoption of the Interim Wireless Telecommunications Facilities Bylaw at 7:00 p.m. Unanimous.
The current interim bylaw was enacted two years ago and not one application has been received for a wireless telecommunications facility. The Board may readopt the interim bylaw for an additional year. There have been considerable changes this legislative session to Chapter 117, the planning and development law. G. Garbe suggested that it should be a stand-alone ordinance as it would be easier to make changes is needed rather than having it incorporated into the bylaw. The wireless bylaw will need to be reviewed next year. Motion was made by G. Katz and seconded by P. Cotton to readopt the Newfane Interim Wireless Telecommunications Facilities Bylaw for a period of one year. Unanimous.
Motion was made by C. Chaffee and seconded by P. Cotton to close the hearing at 7:04 p.m. and return to the regular meeting of the Selectboard. Unanimous.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. VERMONT STATE POLICE - LT. KEVIN ANDERSON
Lt. Kevin Anderson was asked to meet with the Newfane Selectboard to discuss the rural police protection needs of Newfane through the contract with the Vermont State Police. There are currently nine troopers assigned to the Brattleboro VSP barracks. There are two shifts per day of 9 to 10 hours each. Much of the time is spent on the interstate. The VSP also assist other town departments, the Sheriff's Department and some communities. They also assist in the federal programs such as AClick It or Ticket@. When there is a homeland security Ared alert@ they assist at Vermont Yankee. The troopers may only work one of their two days off for elective overtime duty for not more than 16 hours.
Training for state police is the same 16 - 17 week course at the VT Police Academy that the town, Sheriff's and game wardens take. However, the VSP have a pre-basic three week military type course before going to the academy. The question was raised about having out-post troopers, a previous program that worked very well for the communities in the past. It was suggested that the Board talk with the area state representatives and senators about reinstituting the out-post program.

3. A. VERMONT STATE POLICE - LT. KEVIN ANDERSON - (cont.)
Lt. Anderson asked what types of assistance that the town is seeking from the VSP? Primarily the town is concerned about Route 30 during the winter weekend traffic. Patrolling of in-town roads should include South Wardsboro Road, Depot - Dover Road and speed enforcement in the South Newfane, Williamsville, Brookside and Newfane village areas. Random times and places seem to work best for radar speed enforcement. Lt. Anderson stressed that for good enforcement, proper posting of signs is important.
Piet van Loon will write a follow-up letter to Lt. Kevin Anderson on behalf of the Board to further identify the areas of concern for the VSP to enforce and patrol. The contract for FY 2005 between the town and the VSP begins on July 1st for the amount of $5,000, up from $3,500.

4. UNSCHEDULED MEMBERS OF THE PUBLIC
A. STEVE OVENDON - WINDHAM REGIONAL COMMISSION
Steve Ovendon of Windham Regional Commission was present to review and update the Proposed Route 30 Gateway Project which includes the towns of Newfane, Townshend, Jamaica and Bondville. As part of the Stratton Mountain Act 250 permit, they are required to assist in the mitigation of traffic impacts caused by a 1,400 unit development. There was an original offer of $35,000 made by Stratton Corp. which was rejected. The second offer may be as much as $72,000 total. There is a question as to how much each community would receive. The proposed plan for Newfane shows islands at the northern and southern sections of the village. The southern island is in the area of the Town Office. Traffic patterns have changed due to Katy's Deli and will also change depending on the location of the new Post Office. Before any islands are actually built, there will be further hearings. The plans also have to be coordinated with the Village Trustees. There may be some dynamic striping that will first be tried in Winhall to determine its effectiveness for traffic calming. Entry signs may also be put up in each community.
Other areas discussed by S. Ovendon included access management guidelines on various road types, with particular concern for the subdivision of land along state highways. WRC has put out traffic counters, at the request of the Selectboard, in two areas along Dover Road (TH#2) by Shakun's easterly of South Newfane Village and the Lawley's westerly of South Newfane Village. The information is to be used by the Traffic Calming Committee. S. Ovendon asked about having WRC assist at the meeting to be held in Williamsville regarding Bridge #14 by the South Newfane store. P. van Loon does not feel that WRC assistance is necessary at this juncture.

2. C. EXCESS WEIGHT PERMITS
Motion was made by C. Williams and seconded by P. Cotton to approve the Excess Weight Limit Permit submitted by Vermont Electric Cooperative for the following:
Maintenance - Utility Pole & Equipment 2 axle @ 14,099#
Bucket - Utility Pole & Equipment 2 axle @ 50,999#
Maintenance - Utility Pole & Equipment 2 axle @ 12,500#
Digger - Utility Polies & Equipment 2 axle @ 50,099#
Bucket - Utility Poles & Equipment 2 axle @ 40,099#
Unanimous.

2. G. OTHER ROAD BUSINESS - (1) A Petition and Order for Pole and Wire Locations has been received from Verizon for work on Howe Road (TH#65). They request permission to replace Pole #2 with anchors. The Road Foreman has verbally approved this job. Motion was made by G. Katz and seconded by C. Williams to have the Board sign approval of Verizon Job # 9AAJ66, File #04-062 on Howe Road (TH#65). Unanimous.

5. OLD BUSINESS
A. DOG ORDINANCE - REVISED
Board members have reviewed the proposed Animal Nuisance Control Ordinance which will replace the current Newfane Dog Ordinance.
Motion was made by P. Cotton and seconded by G. Katz to approve the proposed Animal Nuisance Control Ordinance for Newfane. Discussion: G. Katz questioned the definition ARun at large@ on Page #3 especially in the area subsection B. Which considered a domestic pet or domestic animal to be restrained if it is on a leash or in the presence of a person and obedient to that person's commands and is not causing a danger or nuisance. G. Katz does not agree that an animal is obedient to a person's command and should be on a leash. Not all of the Board members agreed with his assessment. A complete leash law is not what most of the members want for Newfane. The purpose for the new rewrite of the dog ordinance is there were problems with the current ordinance during recent violations. A suggested punctuation change on
7.J. was brought to the Board's attention. Vote on the motion: In favor: P van Loon, C. Chaffee, P. Cotton and C. Williams. Opposed: G. Katz. Motion passes. The effective date of the Animal Nuisance Control Ordinance will be July 19th, 2004 unless a petition is received within 45 days (July 4th) for a special meeting on the matter.

B. PERSONNEL POLICY - No discussion.
C. OTHER OLD BUSINESS
(1) P. van Loon indicated that there have been substantial changes by the legislature to Chapter 117, the Planning and Development Law that will effect the Planning Commission and the work that they need to accomplish. It is unclear if the PC can first incorporate the Development Review Board language into the bylaw as an amendment or if the entire document has to be brought into compliance with the new Chapter 117 changes.

6. NEW BUSINESS
A. APPOINTMENTS
(1) LELAND & GRAY SCHOOL BOARD (1) - No candidate was suggested.
(2) CONSERVATION COMMISSION - No candidate was suggested.
(3) WINDHAM SOLID WASTE ALTERNATE SUPERVISOR - No action.
Board members would like to have a newspaper article about the positions available within the town for appointments as well as employment positions.

6. B. GOALS & OBJECTIVES - 2004 - 2005
Board members will review the minutes of May 13th that lists most of the items to be considered for improvements to Williamsville Hall and come up with priorities to be discussed at the meeting of June 3rd. The amount of funds available will also be checked.

6. C. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
P. van Loon will speak to a member of the Dummerston Selectboard to schedule them to possibly attend the meeting of June 3rd or June 17th.

6. D. OTHER NEW BUSINESS
(1) The newly readopted Town Plan of June 5, 2003, did not include the most recent census material. Before Windham Regional Commission reviews the readopted plan, that information should be included or WRC will reject the plan.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)

(1) Item #3 - Before considering replacing one of the oven thermostats in the gas range at the Williamsville Hall for the amount of $300 - $400 it was suggested that Jonathan Julian may know of a source for a possible new or used thermostat. P. Cotton will contact J. Julian.
(2) Item #4 - Board members reviewed the information on the breakdown of the expenses to date for the Windham County Sheriff's Department and the Vermont State Police. Questions arose about what is actually covered under the WCSD contract with the town and what do they charge for? Also, what does the county taxes that the WCSD cover. P. Cotton will contact Sheriff Prue and review some of the Board's concerns.

8. MINUTES
Motion was made by P. Cotton and seconded by C. Williams to approve the minutes of the Regular Meeting of 04/15/04, as written. Unanimous.
Motion was made by P. Cotton and seconded by G. Katz to approve the minutes of the Special Meeting of 05/13/04, as written. Unanimous.

9. CORRESPONDENCE
A. A letter has been received from David J. Scott of VTrans regarding the Brookline-Newfane bridge (BR#19) and the removal of project lead-based paint that must be handled as hazardous waste. The letter indicates that Brookline and Newfane, as generators of the waste, are responsible for the proper handling and disposal of the waste. The bridge actually belongs to the state through the Historic Bridge Preservation Easement Agreement.
B. A survey has been received from Windham Regional Commission to solicit advice and suggestions for future programs and projects. P. Cotton and G. Katz were each given copies of the survey to complete.
C. Board members received a copy of a letter that was sent to Lynn Bedell from Roger Whitcomb relating to plans for Bridge #14 in South Newfane. L. Bedell had contacted Rep. Obuchowski, as the Vice-Chairman of the Legislative Transportation Committee, about the decision of the Board to replace the current bridge with a new bridge rather than do a rehabilitation. P van Loon also spoke with R. Whitcomb about the meeting of May 6th and set up a meeting for May 27th for R. Whitcomb to come to talk with interested citizens about the plans for the new structure.
D. The town has received a copy of the latest planting plan for West River Acres, Inc. that was sent to the state Environmental Board.

5. C. OTHER OLD BUSINESS - (cont.)
(2) P. Cotton has received a price for color correct light tubes to replace the existing florescent bulbs. The cost is $2.39/tube for a total cost of $162.52. Board members agreed to the expense.

10. PAY ORDERS
Motion was made by C. Chaffee and seconded by P. Cotton to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
05/08/04 Payroll $ 3,154.52
05/15/04 Payroll $ 3,201.76
05/19/04 Payroll $ 1,335.48
05/21/04 Acct.'s Payable #23 $ 37,988.01 Unanimous.
IRS Electronic Federal Payroll Tax Payments
05/17/04 $ 1,341.20
05/19/04 $ 919.94

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

12. ADJOURNMENT
Motion was made by C. Chaffee and seconded by C. Williams to adjourn the Regular Meeting of the Board at 10:35 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 COMMISSIONER'S REPORT - 05/20/04

1. South Newfane Projects
A. There will not be any CVPS work crossing the Town road in South Newfane. Instead, CVPS will pull lines from an existing pole on Bud Bergmann's property to provide service up the hill where he eventually will build another home or subdivide.
B. Kurt will do some grading near Bud's property to deal with the water-on-the road issue.
2. Signs
Kurt has ordered the ANo Parking@ signs for Depot Road (TH#2) and is awaiting delivery of those and other road signs to replace missing ones.
3. Covered Bridge
Kurt has discussed interim repairs to the Covered Bridge with Roger Whitcomb. He is getting cost estimates for wood from Bills and Cersosimo. Once the project begins, it will probably last a week, requiring a detour via Parish Hill Road (TH#26) during that time.
4. Ditching and Bridge Clean-up
A. The Crew has finished cleaning sand and salt off all but two of the Town's bridges; the remaining two will be done shortly. All members of the Crew are participating in this effort.
B. Ditching work is occurring throughout the Town. In some cases we are reclaiming some of the original ditches where growth had intruded into them. On Sunset Lake Road (TH#42), the ditching work has involved the use of geo-textiles to help stabilize the ditches.
5. Culverts
A new culvert has been put in crossing Sunset Lake Road (TH#42) to deal more effectively with water issues there. In addition, a new culvert was put in to replace the one that has been sticking out above the ground on Grout Road (TH#19).
6. Advertisements
A. We need to begin advertising for Paul's successor. Paul plans to retire at the end of June.
B. In addition, we should get the ad out for roadside mowing. Kurt believes we can get bids that are substantially lower than what we paid last year.
7. Other Items
A. In a follow-up to the Town Official's training program, Hank Lambert of Vermont Local Roads has provided information about Act 250 permit applicability to road work. It appears no permits are necessary unless projects involve at least 10 acres of land. I shared the material with Kurt.
B. Kurt has ordered the York Rake.
C. He will also be prepared to explain the value of the plow for the new Loader and its impact on future capital savings (e.g., ability to go with a smaller truck when the big Mack 4X4 comes up for replacement).
D. I suggested to Kurt that he share a list of projects and accomplishments with us at his six-month review.

Gary Katz, Road Commissioner

ROAD FOREMAN'S REPORT - 05/20/04

1. Culverts - Sunset Lake Road (TH#42). Put in a new culvert.
Baker Brook Road (TH#19). Replaced a rotten culvert.
Grout Road (TH#19). Replaced a failed culvert.
2. River Road - Cleaned & ditched all culverts inlets and small bank slides.
3. Sunset Lake Road (TH#42) - Fixed ditch and bank where new culvert was put in by Clarks.
4. Dust Control - Steep Way (TH#21), Lost Mile (TH#43), Sunset Lake Road (TH#42), Timson Hill Road (TH#41) and Adams Hill Road (TH#27).
5. Adams Hill Road (TH#27) - Sur-Pac was put down on new gravel where the road washed out.
6. Stratton Hill (TH#35) - Culverts cleaned, ditches were put in and rocks removed.
7. Bridges - All but two bridges have been swept off.
8. Covered Bridge (CB#17) - A price of $6,750 and trucking has been given so far for 3" oak and beech planking.

Kurt Bostrom, Road Foreman

1. I received a call from June Levinshon asking, on behalf of members in attendance at the May 6th meeting, if I could E-mail the agendas to interested citizens if they were to supply me with a list of the E-mail addresses. I told her that I felt that the information was available to everyone as posted in four places in the community as well as the Newfane web-site. If I did it for a few, I should do it for everyone in town with an E-mail address.

2. Walter Phelps was in to discuss the idea of having interested residents pay for a Asubscription@ to the minutes and have them sent to them. He felt that Asomeone@ could make the copies and send them to those who paid the appropriate fee. Again, I told him that the minutes are posted in four places and are on the web-site.

3. Suburban Propane went to the Williamsville Hall to calibrate the ovens on Tuesday. The service man called today and indicated that the left hand oven is okay but that in the right hand oven the thermostat is gone. The temperature goes up to 450?. The cost of a new thermostat for that old range could be as much as $300 - $400.

4. I have provided the Board with a breakdown of the expenses to date for the Windham County Sheriff's Department and for the Vermont State Police. I believe there may be another invoice for the VSP, but I couldn't find it in the Treasurer's file. It makes for an interesting review. I was unable to obtain the Income information for this meeting, but I will have it for you at the next meeting.

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