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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
JULY 6th, 2006
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Priscilla Cotton, Dan DeWalt, and Joseph Mandell.
Absent: Patricia Halloran
Also Present: Gunther Garbe for the Planning Commission, Ed. Druke, Bruce Rosow, Todd Lawley, Bea MacFarland, Dick Marek and Robert Litchfield for the Village Trustees, Daniel Torrey, Christopher Williams as Road Commissioner, Todd Lawley as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman P. van Loon at 6:30 p.m.
2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #3 - The Newfane Village Sidewalk Project has been in the planning stages since 1999 when a grant was received by the Village. Now that the project is well underway, there are areas that need to be reviewed now so that changes can be made. Areas of concern include:

  • Road too narrow for a truck with a plow.
  • Turning radius at Court Street (TH#1) and Cross Street (TH# 14) is too tight for a school bus and/or an emergency vehicle. (Todd will bring a school bus and fire truck to demonstrate the problem.)
  • Areas of pavement on Church Street (TH#55) and on a portion of West Street (TH#1) next to the island were not included within the project. (Estimated costs were provided by B. MacFarland.)
  • Installation of curbing behind the courthouse to guide traffic away from the Court Street Abump out@ at the corner.
There is a meeting scheduled at Union Hall on Thursday, July 20th at 9:00 a.m. to discuss any areas of concern. Some of the Village Trustees and Kendall Gifford of WRC have walked the project to review the concerns. There was an adjustment made to include a handicap access at Union Hall.
(2) C. Williams expressed his concerns about the condition of the Arch Bridge (BE#12). A letter has been sent to several potential bidders regarding the repair to the bridge.
2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #3 - Discussed under the RC Report. All other items were reviewed but did not require any action by the Selectboard.
2. F. NEWFANE VILLAGE SIDEWALK PROJECT - (See 2. A. (1) above)
2. C. EXCESS WEIGHT PERMITS
There are 17 contractors who have applied and received Newfane Excess Weight Limit Permit for the period from April 1, 2006 to March 31, 2007 with a maximum weight limit of 80,000#. Motion was made by D. DeWalt and seconded by J. Mandell to reduce the weight limit to 40,000# for hauling gravel on Baker Brook and Parish Hill Roads and reduce the number of axles. After much discussion, the motion was withdrawn by the makers. More information needs to be gathered before further consideration of the matter. It would be a change in the current town policy which the Board may review before the next permits are due on April 1, 2007.

Motion was made by P. Cotton and seconded by P. van Loon to approve of the Excess Weight Limit Permit as requested from Bazin Brothers as follows:
3 axle @ 60,000# Yes Current Certificate of Insurance
4 axle @ 69,000# Yes
5 axle @ 80,000# Yes
6 axle @ 90,000# Denied
In favor: P. Cotton & P van Loon. Denied: D. DeWalt. Abstaining: J. Mandell Motion fails
After much further discussion, motion was made by D. DeWalt and seconded by P. Cotton to approve the Bazin Brothers request for an Excess Weight Permit as stated above. Unanimous.
2. H. OTHER ROAD BUSINESS
(1) The Newfane Baker Brook Traffic Review Committee met on June 20th, 2006. The minutes of that meeting were reviewed by those present. B. Rosow indicated that even though it was decided at that meeting to circulate a petition to request the Selectboard to have a special meeting to vote on rehabilitating the Williamsville Covered Bridge with a cement slab, it was decided not to do a petition. The Board may decide on its own motion to have a special meeting for that purpose.
It was decided to send a letter to all of the current Excess Weight Permit holders to let them know about the changes to the Traffic Ordinance, truck traffic concerns on Baker Brook, Beetlestone and Parish Hill roads, and other truck related issues. DOT was posted on Parish and Baker Brook Roads to check for overweight vehicles. Both vehicles that were pulled over were legally permitted.
(2) A letter was received from Walter Phelps expressing his concern about the possibility of the town discontinuing Grist Mill Road (TH#68). P. van Loon will write a letter to indicate that the town is not going to discontinue the road.
2. G. PROPOSED GRIST MILL ROAD SIGNS
Motion was made by J. Mandell and seconded by D. DeWalt to purchase and install signs in the area of Grist Mill Road (TH#68) to read ALandowners Vehicles Only@ and APublic Access from Sun-up to Sundown Only@. Unanimous.
2. D. ACCESS/RIGHT OF WAY PERMITS
Queries were made about an access on Duke Road (TH#66) that did not apply for a permit; an access on Wildwood Acres (TH#75) that was denied; and an access on Woodlands Lane (TH#84) that was supposed to be closed. Letters will be written to the property owners is each case.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. PLANNING COMMISSION - TOWN PLAN
Gunther Garbe will be holding a hearing on the proposed Town Plan on July 25th with advisor Sue Fillion of Windham Regional Commission. If there are no substantial changes made as a result of that hearing then the Selectboard hold a hearing and adopt the plan if there are no substantial changes. A panel of three WRC Commissioners do a technical review the plan. WRC would like to have a joint hearing with the Selectboard by the end of September so that the Newfane Planning Commission can apply for a grant to update the Newfane Zoning Bylaw.

4. UNSCHEDULED MEMBERS OF THE PUBLIC
Dan Torrey of South Wardsboro Road (TH#1) was present just to see how a Selectboard meeting operates.

5. OLD BUSINESS
A. (1) PERSONNEL POLICY
P. Halloran will incorporate the notes from P. van Loon, the current policy, the Mendon policy and prepare a draft Personnel Policy for the Board to review at a later date.

5. A. (2) WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW
P. van Loon is still working on the Wireless Tower ordinance/bylaw combining information from the VLCT model version and the current version. D. DeWalt commented that the current bylaw has more detail and the town should continue with it.
5. B. DISCUSSION OF FY 2006 AUDIT
P. van Loon, P. Cotton and D. Knechtel discussed the questions and concerns, via speaker phone, expressed by the Board regarding the Anot to exceed@ costs of the audit and the suggestion to find someone local to assist the Town Treasurer with the financial program. Anything that the town can do to expedite the information requested by the firm for the audit will help to reduce the cost. Motion was made by P. Cotton and seconded by J. Mandell to ratify the previous decision to award the Newfane FY 2006 Financial Audit to Mudgett, Jennett & Krogh- Wisner for an amount not to exceed $9,000. Unanimous. There was also a discussion about the recent need to borrow funds in anticipation of taxes. In theory there is no money coming into the town from June 30 until the first tax payment on August 15th. During FY 2006 there was the extra emergency expense of $120,000 in October and the overage on the sand and salt budget. The town will be receiving the reimbursement of 90% of the emergency funds later in July.

11. EXECUTIVE SESSION
Motion was made by J. Mandell and seconded by P. Cotton to enter into Executive Session at 9:17 p.m. to discuss a matter of personnel. Unanimous.
Motion was made by P. Cotton and seconded by J. Mandell to come out of Executive Session at 9:24 p.m. Unanimous. No decision was made during Executive Session.

5. D. OTHER OLD BUSINESS
(1) Junk Vehicles - E. Darrow reported to J. Mandell that the clean-up at the Sparks residence is getting better. However, Spark's tenant continues to be a problem. The Aunsightly@ trailer on South Wardsboro Road (TH#1) was also discussed. Chairman van Loon read the section from the ordinance concerning AViolations@. A letter will be sent out by certified mail to the property owner regarding the steps that need to be taken by them to correct the situation.

6. NEW BUSINESS
A. SET TAX RATE FOR FY 2007
The background information regarding the tax rate and how it was arrived at, was explained by D. Knechtel. Motion was made by P. Cotton and seconded by D. DeWalt to set the municipal tax rate for the FY 2007 budget at $0.5137 per $100 of valuation to be combined with homestead education rate of $2.1165 or the non-residential education rate of $1.8554. Unanimous. Total homestead rate - $2.6302 (increase of $0.3086/100). Total non-residential rate - $2.3691 (increase of $0.1289/100).
6. B. APPOINTMENTS
(1) TOWN CLERK - MARCH 2007
Three candidates were interviewed for the vacant position of Town Clerk due to the untimely death of Janice Litchfield. The recommendation of those that conducted the interviews is to appoint Jahari Overton. Motion was made by P. Cotton and seconded by D. DeWalt to appoint Jahari Overton to serve the as the Newfane Town Clerk until March of 2007. Unanimous. Training is to done by the two assistants, Sandra Dowley and Sally Topitzer, who have so capably Astepped up to the plate@ to keep things going in the Town Clerk's Office.
6. D. OTHER NEW BUSINESS
The sewage control ordinance will need to have the language changed to allow for the state to do the inspection of the new or replacement systems. This will be looked into and worked on.

6. D. NEWFANE HILL COMMON - COMMITTEE/OUTLINE OF DUTIES
No action taken.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #1 - The Selectboard is not interested at this time in proposing an offer to purchase the property adjacent to the Old Newfane Common currently owned by Lynn and Robin March.

8. MINUTES
Motion was made by J. Mandell and seconded by P. Cotton to accept the minutes of the Special Meeting of June 22nd as written. Unanimous.

9. CORRESPONDENCE
A. Correspondence has been received from Linda D'Agostino with copies of information that she has received from Marshall Glickman, Delinquent Tax Collector. Board members will not be involved as they need to work out the situation between them.
B. Correspondence had been received from Bahman Madavi regarding the broadband meeting involving Newfane, Brookline, Marlboro, Putney and Dummerston. They would like each community to contribute $300 to be used to conduct a feasibility of potential Access Point locations. Motion was made by P. Cotton and seconded by D. DeWalt to approve the one time expense of $300 for the study mentioned. Unanimous. Any future funding request will be discussed in more detail as cost should not be borne by the town, but by the subscribers.
C. The town of Dover has asked if Newfane is interested in participating with them for bulk heating fuel purchase. Their rate for last year for bulk fuel was more than what Newfane paid. Dover will be contacted.
D. A list of AUnanswered Questions Concerning the Covered Bridge@ was presented by Bruce Rosow. The list will be forwarded to Roger Whitcomb, Project Engineer for the covered bridge, for his response and input.
E. Correspondence has been received from Attorney J. Christopher Callahan for the town on the status of the Environmental Court appeal of W. White. (New post office.)
F. Notification has been received that P. Lilienthal has filed an appeal to appeal the Act 250 permit issued to Charles Bergmann.

10. PAY ORDERS
After discussion, Board members will check with the Village Trustees to determine is they need the $25,000 from the town before August 15th so as not to drawn down the line of credit until tax monies are received. (Hold check for their response.)
Motion was made by P. Cotton and seconded by J. Mandell to approve the Newfane Payroll Warrants and the Accounts Payable Warrant for the following amounts:
06/21/06 Payroll $ 2,354.63
06/28/06 Payroll $ 2,404.68
07/05/06 Payroll $ 2,424.28
07/07/06 Payroll $ 4,721.88
07/07/06 AP Warrant #1 $ 57,404.86 Unanimous.
IRS Electronic Federal Payroll Tax Payments
06/28/06 $ 804.71
07/07/06 $ 825.77

11. EXECUTIVE SESSION - IF NEEDED
Executive Session was held earlier during the meeting.

12. ADJOURNMENT
Motion was made by J. Mandell and seconded by P. Cotton to adjourn the Regular meeting at 11:00 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
July 6, 2006

1. Checking road during rainstorm found tree down on Stratton Hill Road (TH#35). Unable to contact Todd Lawley. Was able to contact Richard Hickey and we removed the tree.

2. Checked on other roads in area some washing on a lot the back roads - nothing serious. Some culverts were replaced on Baker Brook Road (TH#19). New culvert on Baker Brook Road (TH#19) placed by Todd Lawley in area where previously removed years ago, avoided issue with washout there.

3. West Street (TH#1) now has been narrowed so much that emergency vehicles and trucks coming from Court Street (TH#1) when cars are parked in front of Four Columns Inn, can not make turn. No Parking Zone needed in front of Inn. Road in front of church too narrow for town plows.

Christopher Williams
Road Commissioner


ROAD FOREMAN'S REPORT
July 6, 2006

1. Roads: We made out very well with the roads during the last heavy rains. We didn't lose any roads, we did have some minor erosion but we fixed it up with the grader. The crew went out and cleaned all the culverts that needed it before the storm. We are continuing to grade and rake the roads that need it. Brush is being cut at intersections and around road signs.
2. Equipment: All the equipment is running okay at this time. The new F-350 is in and Rountree Ford has taken it to Tenco to have the body and plow frame put on, when it is done then we will need a check for Rountree Ford. We had to replace a chain saw and a brush saw this week. The saw had a scored cylinder and the brush saw was approximately 18 years old and it needed a lot of work which Brown and Roberts said it wasn't worth fixing it.
3. West Street Side Walks: I am very concerned about the way Court Street (TH#1) comes out into West Street (TH#1) and Cross Street circle. I have brought up my concerns to Bruce Rounds and Kendall Gifford. I don't think a fire truck can make the corner onto West Street (TH#1) or a school bus same with the other two streets. I didn't see the plans before they started and I wasn't Road Foreman when this tool place. I do remember a meeting when Jim Gray was foreman when the road crew meet over at the Union Hall and said then we had some problems with it. I also know that NewBrook Fire Department wrote a letter with concerns also. This is going to be a nightmare for the crew to plow as they have the intersections to narrow. Kendall said he was going to get a hold of VTrans and see what if anything can be done. I know I have has a lot of people call me very upset about it including people on West Street (TH#1).
4. I have called Chris Lowe to see if he is doing any road side mowing this year. He hasn't returned my call yet.
5. Signs: The stop signs and posts have just arrived and we will be putting them up in the next few weeks. I have also ordered the 25-mph signs and Ano engine brake@ zone signs for Baker Brook Road (TH#19) and Parish Hill Road (TH#26).
6. I will be on vacation from July 27th to August 6th so I will miss the next two Selectboard meetings. If I have something come up or if you have something come up we can tell Chris and he can relay it to the crew or the Board. I will leave a list of things to do for the crew while I'm gone and I will go over it with Dick before I go. I will have Dick take care of the day to day things with the crew.

Thank you,
Todd Lawley
Road Foreman

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: July 6th, 2006

1. Lynn March of Newfane Hill Road called to ask if the town may be interested in purchasing the Robin & Lynn March property. It is the site of the former historic ABen Casson Cabins@ with about 5.5 acres. The property abuts the town property of the Old Newfane Common.

2. I have prepared the information for the setting of the tax rate. You will find the details within your folders. I will answer any questions that you may have.

3. It was nice to be away from the office for a while on vacation. Thanks.

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