Newfane, Vermont - Board of Selectmen Meeting Minutes

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 - SPECIAL REGULAR MEETING - BOARD OF SELECTMEN
JULY 27th, 2006
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Priscilla Cotton, Dan DeWalt, Patricia Halloran and Joseph Mandell.
Also Present: Bea MacFarland, Richard Marek and Robert Litchfield, Newfane Village Trustees; Edward Druke, Dick Marek, Moore Free Library, Sheriff Richard J. Guthrie of Windham County Sheriff's Department, David J. Parker, Chris Williams as Road Commissioner, and Doris Knechtel as Administrative Assistant.

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

2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT
(1) There is a problem with the drainage from a culvert on Deer Hill Road (TH#37) before Schneider's. The house sits below the road. The problem is being looked at.
(2) Chris has received lots of complaints regarding the Newfane Village sidewalk project and the narrowness of the road.
2. G. NEWFANE VILLAGE SIDEWALK PROJECT
P. Cotton reported that Court Street (TH#1) and Cross Street (TH#14) intersections with West Street (TH#1) are to be improved to allow for a better turning radius. The project has been designed to meet the AOT standards for a village. The travel portion of each lane is to 11' 2". C. Williams indicated that a town truck with a plow is 13' wide. Some of the changes are to be absorbed by the construction contract. The cost for improvements to the West Street (TH#1)/VT Route 30 intersection are to be borne by the town. The drop inlet will need to be relocated. Other items in question that would be a town cost is the expense to put 63" of curbing behind the courthouse to make motorists more aware of the Ajut out@ from Court Street (TH#14), potential safety issue. Some parking spaces would be lost. Cost to the town would be $40/linear foot or $2,520., to be done by the contractor. After some discussion, motion was made by P. Cotton and seconded by P. Halloran to approve the expense of $2,520 for the curbing behind the courthouse. In favor: P. Cotton and P. Halloran. Opposed: D. DeWalt. Abstaining: J. Mandell. Motion fails. The other area of discussion regarding a cost to the town is the paving of area of West Street (TH#1) between the "island" and the courthouse. This area was not included for pavement in the project as there are no adjacent sidewalks. There is a drainage problem in that section. It was suggested that the island could be built up so that water properly drains to the drop inlet at one end of the "island". Motion was made by P. Cotton and seconded by J. Mandell to put down a top coat for the area in question, approximately 127', and to shim as necessary. Unanimous. This will give the project a more finished look. The Village Trustees were thanked for their attendance.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. SHERIFF RICHARD GUTHRIE
Sheriff Richard Guthrie was welcomed and introduced to the Board members. He was recently sworn in as the sheriff after the resignation of Sheila Prue. One of his goals is to have the WCSD back in the black by the end of September by increasing the number of contracts with area communities and through traffic control work on Interstate 91 paving projects. He has also spoken with the NewBrook Fire Department about assisting with fire and accidents at no cost to the town. The department will assist the town with speed/traffic control, minor accidents, and work with the Constable on the Animal Control Ordinance. WCSD also works with the VT State Police with investigations if needed. If requested, he will attend Selectboard meetings when necessary. He will keep an open line of communication and a presence within the community. Board members thanked him for his attendance at the meeting.

2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #6. - Paving - Grimes Hill Road - Before any action is taken, Piet would like to discuss the Grimes Hill Road (TH#5) repaving job with John Alexander and Todd Lawley before contacting Patrick Paul of Lane Construction.
(2) Item #8. - The cost of the roadside mowing will be $3,850.
(3) Item #10. - The town did received the grant for the stabilization of the bank and drainage work on Grimes Hill Road (TH#5). Piet will check with John Alexander about whether the work needs to be done this fall or can wait until spring.
2. H. OTHER ROAD BUSINESS
There has been correspondence from Walter Phelps to Dan DeWalt regarding the research that he did concerning delineators. The Board will discuss the matter further when a copy of the
letter is available for them to review.
3. B. RICHARD MAREK - MOORE FREE LIBRARY TRUSTEES
Richard Marek, member of the Moore Free Library Board of Trustee, explained that money that was given by Mrs. Moore required that five (5) Moore Free Library Building Fund Trustees be elected annually to oversee the funds and to allocate as needed. He would like to draft language to Probate Court to be able to strike the word Aannually@. Board members agreed that this would help to eliminate the need for a yearly petition and vote for the five people who meet just once a year.
2. F. SIGN HIGHWAY GRANT - EMERGENCY FUNDS
Motion was made by D. DeWalt and seconded by P. Halloran to approve and sign for the Emergency Highway Funds to be received from the state in the amount of $105,987. Unanimous. These funds are a result of the monies spent by the town in the amount of $117,764. for the emergency work on the Depot Road (TH#2) slide in early October 2005.

5. OLD BUSINESS
A. (1) PERSONNEL POLICY
Selectboard members were each given a draft copy of the proposed Personnel Policy that was prepared by P. Halloran as a result of a review by P. van Loon and P. Halloran in comparing and compiling information from three different sources. The information is to be reviewed for discussion at the next regular meeting of the Board.
A. (2) WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW
P. van Loon has been working on language for amendments to a draft bylaw to be considered.
5. B. EXTERIOR PAINTING OF TOWN OFFICE
A new request for bids will be prepared and sent out for having the project done in the spring, before the next fiscal year.
3. C. PLANNING COMMISSION - TOWN PLAN
P. Halloran attended the recent Planning Commission meeting where the proposed Town Plan was discussed with advisor Sue Fillion of Windham Regional Commission and WRC commissioners. There was a positive response from those present about the eventual approval of the plan by WRC.
2. C. EXCESS WEIGHT PERMITS - No action.
2. D. ACCESS/RIGHT OF WAY PERMITS - No action
5. C. OTHER OLD BUSINESS
(1) Junk Ordinance - The situation with R. Sparks seems to be moving in the right direction. There seems to be more of a problem with his tenant next door. Piet will be getting a letter written to the owners of the Acollapsed@ trailer on South Wardsboro Road (TH#1).
(2) There are still places that are advertising to take Ajunk@ vehicles for $20.00 each.
(3) Traffic Calming - Joe Mandell has expressed and interest in serving on the Traffic Calming Committee and to co-chair with P. Halloran. Motion was made by D. DeWalt and seconded by P. Halloran to appoint Joe Mandell to serve as a member of the Traffic Calming Committee. Unanimous.

6. NEW BUSINESS
A. DISCUSSION OF 911-COORDINATOR
Board members were given information about the responsibilities of a 911-Coordinator to consider appointing a new person as the Town Clerk will no longer have that duty. The Board will think of someone who may logically take on the task.
6. B. APPOINTMENTS
(2) DRB - One of the regular members of the DRB has not been attending meetings. There are supposed to be 5 regular members and 5 alternate members who should be attending the DRB hearings. Piet will discuss the matter with the DRB chairman, John Pyatak.
6. C. SIGN VCDP ANNUAL REPORT
Motion was made by D. DeWalt and seconded by J. Mandell to have Chairman van Loon sign the Vermont Community Development Program grant annual activities report with an ending balance of $108,913.78. Unanimous. Dummerston will be sent a copy of the report as they are also part of the Housing Program. Piet will follow-up on the status of the program being combined with the Brattleboro Development Program.
6. D. NEWFANE HILL COMMON - COMMITTEE/OUTLINE OF DUTIES
Edward Druke will put together a list of names of residents in the area of the Old Newfane Common who may be interested compiling a Aproject@ list to improve the area. The Selectboard will review the proposed projects.
6. B. OTHER NEW BUSINESS
(1) Bad Dogs - There are five dogs belonging to four residents that have not been licensed. All of the owners have been notified that they face a fine for not having their dogs licensed. The Board, by law, may issue a warrant to dispose of the dogs. At this time, the Board will send a certified letter with a copy of the statute to each of the owners.
(2) Staging Area - The Village Sidewalk project is near completion and the Board will have to decide how they would like the contractor to leave site. There has been some discussion about putting the roll-off containers in that area. We will have to contact WSWMD about the amount of space needed to pick-up and remove the containers.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #5 - P. van Loon read the draft easement agreement between the town and the property owners on the Culhane Corner property that was prepared by Attorney Rich Perra for the town and sent to the attorney for the Culhane's. To date no response has been received.
B. Heating Oil and Paving bids have been prepared for the Board's review. The bids will be sent to potential bidders tomorrow to be returned by August 17th.
C. The June 2006 financial information has been received and will be reviewed 08/03.

8. MINUTES - No minutes have been completed.

9. CORRESPONDENCE
A. Information regarding Rescue Inc., has been received from Gary Katz for the Board's interest and review. Motion was made by J. Mandell and seconded by D. DeWalt to have Chairman van Loon sign the Letter of Operation Conduct between the Town of Newfane and Rescue Inc., for the 2007 fiscal year beginning July 1, 2006 through midnight June 30, 2007 for the amount of $21,420.00 in monthly pro-rata installments. Unanimous. Rescue Inc. has operating bases in Brattleboro and Townshend. Newfane is served from Townshend.
B. Verizon Right-of-Way Petition - T. Lawley has review Verizon Job #9AASM2 on Grout Road (TH#19). His concern is that Pole #80-13 be located outside of the Town Highway drainage area. Motion was made by P. Halloran and seconded by J. Mandell to approve Verizon Job #9AASM2 with the condition that Pole #80-13 must be located outside of the Town Highway drainage area. Unanimous.
C. Williamsville Covered Bridge (CB#17) - Selectboard members received a letter from Roger Whitcomb of VTRANS responding to questions about the Williamsville Covered bridge. These questions were compiled as a result of the Baker Brook Road Committee. The letter is very informative and will be shared with Bruce Rosow. No decision was made at this time about whether the Board will opt to have a special town meeting vote to have the state consider a concrete deck with a covered bridge over it.
D. Town Road Map - Piet would like the Board to review the Town Road map as prepared by WRC to determine if there are any errors of additions that need to be made.
E. Indian Love Call - The town has received several post cards and a few letters asking that the town continue to allow for the use of the Indian Love Call swimming area. There have also been a few calls complaining about the condition and use of that area. The property is owned by the Connecticut River Watershed Council and pedestrians gain assess along a town legal trail. P. van Loon will contact David Deen about the situation.
F. The Board has received a letter form Mrs. D'Agostino regarding her property and the pending tax sale. She will receive a letter from the Board to indicate that no position will be taken by the Selectboard on that matter.

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:

07/12/06 Payroll $ 2,888.32
07/19/06 Payroll $ 3,117.00
07/25/06 Payroll $ 498.29
07/26/06 Payroll $ 3,153.80
07/28/06 AP Warrant #2 $ 22,117.67 Unanimous.

IRS Electronic Federal Payroll Tax Payments

07/11/06 $ 943.88
07/25/06 $ 1,016.56
07/25/06 $ 1,180.14

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 D. DeWalt and seconded by P. Halloran to adjourn the Special Regular meeting at 10:05 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 - July 27, 2006

1. Roads: The roads are in good shape even after another 4" of rain the other day. We are grading daily and we have put in culverts on Deer Hill Road (TH#37), we have also been ditching where we can. Brush is being cut every day at the intersections, and in front of signs. We just started cutting brush behind the ban rail and will try to get the worst spots.

2. Equipment: The 4900 has been at DJ's Truck Service to have some clutch work done. The new F-350 is almost done, Dick and I went to Tenco to make sure that it is the way we wanted it. It should be done next week. I have called Rountree and told them I will be gone until August Th and that I would be down to pick it up when I return. The board needs to sign a pay order for the full amount of $40,830.16 plus whatever the registration and title are. Rountree should be able to give you a firm figure. The new grader will be here somewhere the first or second week of September. I talked to Jim Burke and he said everything is on schedule.

3. West Street (TH#1): I have met with Kendall Gifford four times to go over the town's concerns. I also looked at it with John Alexander and he had the same concerns. Priscilla and I went to a meeting on the 20th and told everyone what the problems are for the town. As I understand it, any changes made may put the project over budget and the town would wind up paying for the changes. Also talked to Sean Shannon he is the head of Perm-A-Pave. He is going to give the town a price on paving approximately 127 feet of West Street (TH#1) that wasn't included in the project, also Church Street (TH#55). After talking with Bruce Rounds, the project representative from DuBois & King. I'm not in favor of the town paving Church Street (TH#55), and he said he wouldn't do it. He thought it would be fine without it. I think we should pave the West Street (TH#1) part of it and that's all. Priscilla can fill you in on the other changes.

4. Signs: All the various signs are ordered and will be put up when they arrive. The crew will be putting up stop signs next week.

5. Chloride: We just received 4,000 gallons last week.

6. Paving: Lane did meet with John Alexander and I and fixed all they are going to. I would hold back some money from them as Patrick Paul said it wasn't a good job. John thought that by next year it would be peeling off more. The other fact is that they weren't supposed to pave all of it anyway. Piet should call Patrick Paul and try to work out an agreement. I think he would compromise a little bit.

7. Paving Bids: Paving bids should be sent out soon. I know that Doris was working on them.

8. Road Side Mowing: Mowing is all set. I did get a hold of Chris Lowe and he is willing to do it again for $100.00 more than last year. He will start the first of September.

9. Grimes Hill Grant: John said we did get it. He said that if the town could get it done this year it would be better than waiting until next year as the grant is only good for one year.

10. Arch Bridge: John has some money left over in the structures grant money and he said for the town to put in for it. He was pretty sure we could get it and it would help with paying for repairs on the bridge. I think Doris has already talked to him.

11. I went over he list of things to do list with Dick and the crew while I'm gone. Dick will take care of the daily things while I'm gone. He will let Chris or Piet know if something else comes up. I will be back to work August 7. Gee, I'm sorry to miss a Selectboard meeting. Maybe I will return just for the meeting and then again maybe not!!!

Thank you.

Todd Lawley
Road Foreman

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: July 27, 2006

1. You have some information in your folders regarding the broadband meetings and suggested procedures for moving forward. We can provide Bahman with electronic copies of both a voter Check List and a Grand List. Bahman already has a town logo to use on the letterhead. The letter needs to be reviewed by the Selectboard and edited to your liking.

2. Tax bills were sent out on July 13th/14th. Lots of phone calls about the reason for the higher rate. The Listers will have some Errors & Omissions to be taken care of at the next Selectboard meeting.

3. The town has received a check in the amount of $320.00 from Progressive Insurance for damage to eight (8) guard rails on Dover Road in the area of Shep Stone Road.

4. The Selectboard will need to appoint a 911-Coordinator. You have in your folders information regarding the responsibilities. The Town Clerk has served in that position in the past. In other towns that were contacted, the Town Clerk does not serve in that capacity. It varies: a Selectboard member, Zoning Administrator, Listers, a volunteer. The assignment of a 911 number may be triggered by an access permit, a zoning building permit, a sub-division. Included within your information is the towns requirements for number assignments. Also in question is the amount that this person would be paid or would it be considered volunteer.

5. Attorney Richard Perra has sent the draft easement agreement to the attorney for Mary and Michael Culhane. I also hear from Richard Homberger and he indicated that Mary and Michael have reviewed the plans and do not have any concerns other than the size of the trees being too small.

6. Gary Katz has dropped off the letter of Operational Conduct from Rescue Inc. for the Selectboard to sign. He also included several reports. He will come to a meeting to discuss the various reports if you would like.