Any and all corrections to the following minutes will be made at the 09/15/05 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
SEPTEMBER 1st, 2005
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Priscilla Cotton, Dan DeWalt, Patricia Halloran and Gary Katz.
Also Present: Brian Lepine of the Brattleboro Reformer, Gunther Garbe of Planning Commission, Edward Druke, Emergency Management, David and Barbara Kearney, Marshall Glickman, 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 6:35 p.m.

2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #1. - Truck Bids - After some discussion, motion was made by G. Katz and seconded by P. Halloran to have Todd prepared specifications for a single axle truck instead of a tandem vehicle. Unanimous. Todd will review the specifications with one of the dealers. (Todd and DAK have completed the proposed specifications).
(2) Other items contained within the report were noted.
2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #4 - Todd expressed his concerns against the use of bio-diesel at this time as, in talking with some equipment users, there seems to be filter problems in the winter time. There is also the concern of the fire trucks having problems responding to fire calls. He recommends waiting until bio-diesel has ben more perfected.
(2) Item #7 - Daniels Construction has sent three suggestions for the replacement of the bridge railing on Bridge #41 and also the cost to replace the bridge. (Pat Gray bridge). Todd will review the proposals and determine what approach to take. When that is determined, the town should put together specifications to go out for bid as the projected cost will be well over $2,000. Trucks will have to use Beetlestone Hill Road.
(3) Item #10 - John Alexander of District #2 VAOT recommends that paving be done on Grimes Hill Road (TH#5) where the road is giving way only. Other drainage and bank stabilization work should be done before any major paving is done on TH#5. The town should seek funds next year through the Highway Grant program and also contact Representative Richard Marek. The balance of the paving funds for FY 2006 should be used for Depot Hill Road (TH#2) from the Dummerston/Newfane town line to the culvert on the hill (bump area).
(4) Item #10 (last &) - J. Alexander also suggested that the town look into the bridge and culvert program inventory that Bob Niles did for Vernon. It would save the town money by having to contribute less for the town's portion when applying for highway grant funds. (Highway Structures Program - 20% now of project cost versus 10%with infrastructure study; Class 2 Roadway Program - 30% of total project versus 20% with the infrastructure study.)
2. E. STATUS - CULHANE CORNER
The town needs to move forward with the project. The town has received a grant from the state through the structures program for the project. The town will put out a request for proposal a Clerk of the Works oversee the advertising for the construction of the project, the review of the bids, and the overall construction of the project.
2. F. OTHER ROAD BUSINESS
(1) G. Garbe spoke of a large white pine that needs to be cut on Steep Way (TH#21).
(2) E. Druke spoke about the Newfane Common on Newfane Hill Road (TH#20). He would like to see a committee formed to take care of issues such as logging the property and installing a foot bridge across a ditch line for better accessibility. Piet will be meeting there with the town tree warden, Bill Guenther.

3. D. SHERIFF PRUE - WCSD CONTRACT
Board members discussed various aspects of the proposed contract with Sheriff Prue: monthly rate vs. hourly rate; incident reporting; traffic calming efforts of the town; attendance at the meetings by Deputy Whittle and traffic enforcement at different location and times throughout Newfane. The latter will be added to the language of the contract. Sheriff Prue will be in attendance at the September 15th meeting to discuss the revised contract. The town has withheld payment for the new fiscal year until the contract has been agreed to and signed by the Selectboard.
3. B. PLANNING COMMISSION - GRANT APPLICATION - WRC
The Planning Commission is applying for a grant for the update of the Newfane Town Plan. WRC is preparing the Grant Application. The amount being requested is $10,700. The document will be available at the September 15th meeting.
3. C. MARSHALL GLICKMAN - DELINQUENT TAX COLLECTOR
The Board members discussed with Marshall Glickman the pros and cons of the potential purchase of a piece of real estate that has been put up for tax sale and was not purchased by any interested person. M. Glickman recommends that the town purchase the property. M Glickman will put the property up for tax sale again, but only if the town will agree to purchase the property if no one else bids. Areas of discussion centered around the taxes due, the IRS lien on the property, statute of limitations for taxes owned, use of the property if the town does end up owning it if after the year the current owner does not redeem it, and process for removal of the "tenet" if necessary. Motion was made by P. Halloran and seconded by P. Cotton that in the event of a tax sale on the Clifford property at 298 VT Route 30, the town will be the buyer of last resort, and will appoint an agent to represent the town at the tax sale proceedings. In favor: P. Cotton, P. Halloran & G. Katz. Opposed: D. DeWalt. Motion passes.
3. A. OPENING OF GRIMES HILL ROAD PAVING BID
Only one bid was received. Lane Construction (TH#5) - $63,140, including side dressing.
Motion was made by G. Katz and seconded by P. Cotton to take the bid under advisement and to have T. Lawley discuss the change in the project as recommended by J. Alexander of District #2 VTrans. Unanimous. (See Road Foreman's report - Item #10)

5. OLD BUSINESS
A. DISCUSSION OF STATUS
(1) PERSONNEL POLICY
The Selectboard will have a special meeting on September 8th from 5:30 pm until 7:00 pm to work on the proposed Personnel Policy.
(2) TRAFFIC ORDINANCE
The Selectboard spoke of the speed limit in the area of the covered bridge and the signs required. Before entering and coming out of the covered bridge in an easterly direction toward the Williamsville Village, should be 25 mph with 5 mph through the bridge. Distances will be measured
5. OLD BUSINESS - (cont.)
A. (3) WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW
P. Van Loon has been working on the revisions of the Telecommunications Bylaw. It has been decided to have a stand alone document rather than to incorporate it into the Zoning Bylaw.
B. FOLLOW-UP LIST
Concern was expressed about the need for subdivision regulations and the Planning Commission schedule for developing them.
C. OTHER OLD BUSINESS
(1) G. Katz spoke of the upcoming budget process and a way to deal with the requests from Social Service organizations. He suggested that a committee review the requests and find out how the organizations have served Newfane residents. It was also suggested that a letter be written from the Board to the organizations asking for information in lieu of forming a committee.
(2) Windham County Humane Society Contract - A copy of the contract was sent to Kevin Behan, Animal Control Officer. No response has been received. P. Cotton will contact K. Behan.

6. OTHER NEW BUSINESS
A. APPOINTMENTS - Notification will again be posted for the many vacancies. Of particular concern is the vacancy on the Leland and Gray Board for an additional Newfane representative.
B. DISCUSSION OF ENVIRONMENTAL COURT CASES
Attorney Samuel Angell of Fitts, Olson & Giddings, is assisting the town with the C. Chandler matter and the Wright case.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #3 - Board members expressed concern about the June 30th financial report. They would like to invite the Town Treasurer to an upcoming meeting to discuss the substantial overages reported in the June 30 statements.
B. Item #6 - The status of the Act 250 action relating to the property involving the potential intersection of Radway Hill Road (TH#4) and River Road (TH#15) will be checked into.
C. All other items were informational and did not require any action by the Selectboard.

8. MINUTES
Minutes of 06/30/05 - Motion was made by G. Katz and seconded by P. Cotton to approve the minutes of the Board of Health meeting of 06/30/05, as written. Unanimous.
Minutes of 07/20/05 - Motion was made by P. Cotton and seconded by G. Katz to approve the minutes of the Board of Health meeting of 07/20/05, as written. Unanimous.
Minutes of 08/24/05 - Motion was made by P. Cotton and seconded by G. Katz to approve the minutes of the Board of Health meeting of 08/24/05 as written. In favor: P. Cotton, P. Halloran, G. Katz and P. van Loon. Abstention: D. DeWalt. Motion passes.
Minutes of 08/24/05 - Motion was made by P. Cotton and seconded by P. Halloran to approve the minutes of the Special Meeting of the Selectboard on 08/24/05 as written. In favor: P. Cotton, P. Halloran, G. Katz and P. van Loon. Abstention: D. DeWalt. Motion passes.
Minutes of 08/25/05 - Motion was made by G. Katz and seconded by P. Cotton to approve the minutes of the Special Meeting of the Selectboard on 08/25/05 as written with the addition of the Highway Ato do@ list. Four in favor and one abstention. Motion passes.
Minutes of 07/21/05 - Motion was made by P. Halloran and seconded by G. Katz to approve the minutes of the regular meeting of the Selectboard of 07/21/05 as amended. Unanimous. There were some additions and some deletions. Also, the Pay Order information needs to be added.

10. PAY ORDERS
Motion was made by D. DeWalt and seconded by P. Halloran to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
08/24/05 Payroll $ 2,723.46
08/31/05 Payroll $ 3,095.33
09/02/05 Payroll $ 2,998.49
09/02/05 Acct.'s Payable #5 $ 524,148.06 Unanimous.
IRS Electronic Federal Payroll Tax Payments
08/31/05 $ 1,732.03
09/07/05 $ 997.43

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

12. ADJOURNMENT
Motion was made by P. Halloran and seconded by D. DeWalt to adjourn the Regular meeting at 10:52 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 - 09/01/05

1. New Truck
Todd has reviewed the new truck needs and discussed them with the crew. He believes that the Town can go with the single axle truck rather than the tandem, allowing us to save money and hopefully come in closer to what we had budgeted. It the Board is okay with this, Todd will do up specs as soon as possible. Tenco would be okay with providing a smaller body, but has indicated that it would not be happy about re-bidding. If we re-bid for a single axle vehicle, will e also have to re-bid the body? If so, we probably should speak to Tenco to make sure they are okay.
2. Traffic Calming
The weighted traffic cones and signs have been ordered. They will cost about $60 a piece and should be here within the next two weeks.
3. Crew Vacancy
We need to move expeditiously to advertise to fill the vacancy on the road crew.
4. Culverts
The crew checked on Tuesday and made sure all culverts are clear.
5. Mowing
Todd continues to follow up with mowing contractor who is a little behind schedule but assures us that he hasn't forgotten about Newfane.

Gary Katz, Road Commissioner

ROAD FOREMAN'S REPORT - September 1, 2005

1. Newfane Road (TH#20) and Upper Spring Hill Road (TH#23) have been hayed and seeded. We still have work to do on the lower end of Spring Hill Road (TH#24). The rain has held us up but we will get back at it soon.

2. We went around and cleaned most of the culvert and run outs with the grader. The roads now need grading after the rain, but over all are holding up well.

3. Gary and I met on Wednesday and looked at a driveway access that Larry Gould wants to put in on Clark Farm Road (TH#12). It looks good but will need an 18" culvert put in. I have told Larry that and he agreed to it. Mr. Spence has not put in the culvert on Baker Brook Road (TH#19) like he agreed to.

4. I called Milton Cat and Twin State truck service about bio diesel. They recommend that the town stay away from it for now as they are seeing a lot of filter problems, more in cold weather than in summer. My other concern would be the fire trucks having problems when responding to calls. I would recommend that the town not use it now. Maybe sometime down the road when they have had a chance to perfect it more.

5. I am recommending that the town bid out a 7-yard single axle dump truck due to cost of the tandem. I have reviewed the 2003 truck specs we had on file for a single axle truck. I have made some changes to it but overall, it looks good. I also would recommend that the town stay with the Tenco bid on the rest of the equipment. They will deduct the price of a 14-yard body to a 7-yard body. All other equipment is the same.

6. Equipment - The tires have been put on the grader and the 7400 dump truck. We have been doing maintenance on the equipment on rainy days. Cat will be here on Wednesday to do a recall on the steering and do a 500-hour service as well.

7. Daniels Construction should have faxed a price on fixing the railings on Pat Gray Bridge (BR#41) on Parish Road (TH#26).

8. The traffic calming cones and signs have been ordered and should be here in approximately two weeks. There were around $125.00 for two.

9. I have reviewed the sand and gravel bids and they look good.

10. I met with John Alexander (District #2 VAOT) today about problems with Depot Road (TH#2) and Grimes Hill Road (TH#5). It was his opinion that it is not a good idea to pave Grimes Hill Road (TH#5) except where the road is giving way, because it needs a lot of work, such as under drainage and bank stabilization work. He said you should apply for grant money next spring for that project. He doesn't know where Newfane stands in terms of how much money we could get. He thinks it would be better to put down an inch and a half of blacktop on Depot Hill (TH#2) instead, from the town line to the culvert on the hill with the bump. He said that Depot Hill (TH#2) is in good shape except for the cracks in the center of the road. This would hold it for five years or more he said. He felt that the town should get someone with an excavator to put some big stone or big bank run gravel over the bank where the road drops off on Grimes Hill Road (TH#5) before winter to hold it until more work can be done. He also said that Newfane got the full $150,000 for Culhane Corner, but the town really needs to get the project started at least by spring because they have extended the time for the money three times now. He and I will meet about the culvert on Dover Road (TH#2) by Newell's some time soon as the state needs pictures and some type of study done. He also recommended that the town might want to consider crack sealing again in the future. He feels it does save water from getting into the base and making the blacktop heave and break up. He said the Selectboard should go to the town of Vernon and look at the culvert and bridge inventory that Bob Niles did. He said it is expensive to have it done but that it is an excellent job and has many benefits to the town.

Thank you.

Todd Lawley
Road Foreman

1. The advertisement for a new member on the town Highway Crew has been sent to the Reformer with applications due on September 15th. I also forwarded the information to Vermont Local Roads.

2. The information on the April flood damage has been given to John Alexander of District #2 VAOT. The total with the payroll fringe benefits included is about $83,000.

3. The financial information for July 2005 has been included within your information. I have not had a chance to get together with Maureen regarding the June 2005 financial information. The professional audit should be starting soon.

4. Sheriff Prue will be here this evening regarding the WCSD contract.

5. There is also the Windham County Humane Society contract to consider this evening. I have not heard anything back from Kevin Behan about his comments on the copy he was sent.

6. Nick Mercede called asking about the status of the intersection of River Road (TH#15) and Radway Hill Road (TH#4).

7. The request for bids on the winter sand and crushed gravel have been mailed to seven potential bidders.