MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
SEPTEMBER 2nd, 2004
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Carleton Chaffee, Priscilla Cotton, and Gary Katz.
Absent: Chris Williams.
Also Present: Gunther Garbe, John Feifel, Charles Bergmann, Hermine Bergmann, Jessica Rizio, Craig Stone, Fred Lawrence, David Clarkson, Jim Overton, Tim O'Connor, Nick Mercede, Kurt Bostrom 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 #1 - Motion was made by G. Katz and seconded by C. Chaffee to approve of the Verizon Petition and Order for Pole and Wire Locations for Order 9AAK12 - File 04-237 to place a new pole on Newfane Hill Road for Ken and Diane Bower. In favor: P van Loon, C. Chaffee, P. Cotton and G. Katz. Unanimous.
(2) Item #4 - Duke Road (TH#66) - Property owners on Duke Road (TH#66) may be in with suggestions for improving culvert and drainage problems.
(3) Item #5 - G. Katz found the recent Vermont Local Roads course that he attended to be very helpful.

2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #1 - K. Bostrom met with FEMA representatives and Paul Gould of District #2 to review the heavy rain damage. C. Chaffee road around with Kurt to review the damage. Kurt is keeping track of all of the costs, labor and materials, for the repairs.
(2) Item #2 - In the area where K. Bostrom had planned to put in a new culvert on Grimes Hill Road (TH#5) there was an existing culvert that had been blocked by a header. The header was removed, the ditch was fixed and new post were put in.
(3) Item #6 - Norm LaMoria was also asked about repairing the outside lights at the Town Office as there is one out in the front and in the back. He will also be asked about taking care of the ballasts for the new color correct lights. For the light in the covered bridge N. LaMoria is to be giving the town an estimate. P. van Loon will also contact CVPS about a security light for the bridge.
2. C. EXCESS WEIGHT PERMITS
No Excess Weight Limit Permits were received for action by the Board.
2. D. ACCESS/RIGHT OF WAY PERMITS
Motion was made by G. Katz and seconded by C. Chaffee to approve the new additional access as requested by Ellen Darrow at 129 Auger Hole Road (TH#3) at Tax Map Lot #E078. No culvert is required. Unanimous. The new access will improve sight distance for those exiting the property.

2. G. OTHER ROAD BUSINESS
(1) Vic Benjamin Road (TH#64) - P. van Loon, K. Bostrom and M. Winot met with David Marchi to discuss a change in the turnaround. There appears to be enough room for the town to maneuver, put the snow out of the way, and get back out. Motion was made by G. Katz and seconded by C. Chaffee to have Chairman van Loon write a letter which outlines the details of the proposal of David Marchi for the change in the turnaround on Vic Benjamin Road (TH#64) as accepted by the town. Unanimous.
(2) Board members discussed a potential policy regarding water coming off private roads or driveways. There already exists in the statute, Title 19 ' 1108, language that a person may be fined up to $100 plus actual costs for damage to a highway. The other area that the Selectboard can be more careful in the issuance of Access/Right of Way permits. No separate policy is needed at this time.
(3) Lane Construction has been contacted about the paving of a mile of South Wardsboro Road (TH#1). They are to be completed by September 15th.
(4) Chris Lowe of Lowe Caretaking is to begin the mowing of the roadsides today. He has not yet done the field at the Town Office or the cap at the Landfill.
2. E. UPDATE - SOUTH WARDSBORO ROAD (TH#1) PROJECT
A Quit Claim Deed for slope rights and a Property Transfer Tax Return for the widening of a portion of South Wardsboro Road (TH#1) have been signed by the property owners, David A. and Priscilla M. Cotton. Motion was made by G. Katz and seconded by C. Chaffee to have Chairman Hendrik W van Loon sign the Property Transfer Return on behalf of the Town. In favor: P. van Loon, C. Chaffee, and G. Katz. Abstaining: P. Cotton. Motion passes. The documentation will be filed with the Town Clerk along with a Mylar of the project plan. The utility pole has not yet been moved in order for the wires to be switched.
2. F. UPDATE - CULHANE CORNER
Board members will discuss the options that have been presented at the special meeting of 09/01/04 and 08/19/04 and the various costs.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. CHARLES "BUD" BERGMANN - ACT 250 - ROAD ISSUE
C. Bergmann has submitted an Act 250 application for a subdivision of the 101 acres of property that he purchased in 1994. He has sold the former Inn at South Newfane with 5.5 acres and has sold one lot of the four lots of his subdivision. The deed restrictions call for wooded buffers, underground utilities from Jones Road (TH#52), and homes to be designed by architect C. Bergmann to be in keeping with the village character. Act 250 also asked that he submit a 5-year plan which shows additional lots to potentially be created, a total of twelve, ten of which would have access to the development road. C. Bergmann designed the development access road to be 16' wide. Town highway standards (1977) call for 24' wide roads, 20' travel portion with 2' shoulders. The Access/ Right of Way Policy requires that development roads be built with a 20' travel portion. The Selectboard has requested that the road be built to town highway specifications. The Planning Commission and the fire department have also expressed concern that the development road be built with at least a 20' wide travel portion to accommodate delivery trucks and emergency vehicles. The Board asked that the a cul-de-sac of proper design be installed at the end of the dead-end road. C. Bergmann agreed. C. Bergmann prefers that the road remain at 16' wide. It is to be a private lane and he is not asking the town to take it over. He could put it as a condition in the deed that the property owners would have to bring the road up to town specs if they wanted it to be taken over. He also spoke about how "fire proof" homes could be built.

The Selectboard also expressed concerns about the drainage design that was submitted for the Act 250 application. Jessica Rizio of Beck Engineering, explained that the proposed upgrade of the road for 16' to 25' would necessitate a redesign of the road and would require additional earthwork and would increase the impervious area by a of an acre. The stormwater drainage system would need to be redesigned to accommodate the additional runoff. The existing holding pond is on the Fucci (Inn property). Measures have been taken to keep stormwater from reaching the town highway. A holding pond is suggested on Lot #1 near the entrance of the development to accommodate the runoff from the last two culverts.

Some members of the public expressed their support of a 16' road rather than one built to town standards for aesthetic considerations. An example of a "wide swathe" being cut to accommodate the town specifications was mentioned, Joseph Lane (TH#78). There could be turn-outs to accommodate needed width for large vehicles passing in opposite directions. It was suggested that there should be some kind of compromise or variance from the highway standards. The issues that concern the Selectboard are safety and drainage. The Board will talk with Steve Jones, South Newfane/Williamsville Fire Chief, about any concerns that he may have, especially with regards to the fire equipment and the width of the road.

3. C. NICHOLAS MERCEDE & T.J. O'CONNOR, ESQ. - RIVER ROAD
Nicholas Mercede and Attorney Timothy J. O'Connor were present to discuss with the board the matter of the proposed change in the intersection of River Road (TH#15) with Radway Hill Road (TH#4). Attorney O'Connor reviewed the history of the project which started with the town advertising a Legal Notice on November of 1996 for a hearing to be held on January 1997. The Report of the hearing for the change in the intersection was recorded in the town records in Book 7/Page 312 on 01/20/97. The reason for the relocation of the road to obtain better sight distance because of the current blind corner. There have been several accidents reported in that area. No engineered plan was filed for the change in the intersection. The land was involved with the West River Acres, Inc. Act 250 at one time. West River Acres, Inc. has received their Act 250 permit in July of this year. The Town filed an Act 250 application in June of 1998 for the road project only. The matter is still pending. N. Mercede would like the town to move the project forward while the Brookline/Newfane bridge (BR#19) is being worked on. The contractor for the bridge is using the area and may be of some assistance. The intersection needs to be designed to acceptable standards. The town is to widen and pave the intersection and take care of the drainage. The town's Act 250 application will be reviewed for the project.

6. NEW BUSINESS
A. APPOINTMENTS - (1) LELAND & GRAY SCHOOL BOARD (1)
Jim Overton was present to discuss with the Board his interest in serving on the Leland & Gray School Board as a representative from Newfane. Mr. Overton included a resume of his past and current employment as well as his civic duties. Motion was made by G. Katz and seconded by P. Cotton to appoint James Overton to serve as a Newfane representative on the Leland & Gray School Board until March 1, 2004. Unanimous. He will need to be sworn in by the Town Clerk.

3. B OPENING OF BIDS
(1) WINTER SAND
Cersosimo Industries, Inc. 3/8@ or 9/16" Winter Sand @ $8.50 CY Delivered to town garage
Sand from Evans Pits - Vernon, VT & River Road Pit - Chesterfield, NH
No other bids were received. Sand to be inspected by the Road Commissioner and the Road Foreman before a decision is made at the next regular meeting of the Board.

(2) HEATING FUEL
The following bids were received for 10,000 gallons of #2 heating fuel.
A.R. Sandri, Inc.
Prepaid price $1.478 per gallon
Net 30-days $1.548 per gallon
Revised bid after September 8 to reflect changes in the oil market.
Barrows & Fisher Oil Prepaid price
$1.419 per gallon

Chairman van Loon will contact the two purveyors to clarify the bids that were received.

5. OLD BUSINESS
A. UPDATE - NEW NEWFANE POST OFFICE
Chairman P. Van Loon recused himself from the discussion of the new Newfane Post Office. Morris Glidden called about the possibility of setting up a meeting with the Planning Commission, Selectboard, Wayne White, William Moncrief of the USPS and himself to discuss the new Newfane Post Office. Mr. Moncrief was contacted about his availability. (See AA report, Item #2). After discussion, it was determined that it would be better for the Zoning Administrator, Morris Glidden, Wayne White and William Moncrief of the USPS and possibilty a Selectboard member to meet to discuss the new Newfane Post Office and any issues that may arise.
5. B. NEWFANE TRAFFIC ORDINANCE UPDATE
The Traffic Ordinance will be reviewed by the Board and Kurt with further recommendations and changes to be discussed at the meeting of September 23rd.
5. C. PERSONNEL POLICY
No new progress has been made for the Board to review.
5. D. OLD BUSINESS
A. P. van Loon spoke with Alice Ryan and she has agreed to pay for the four "horse" signs she requested, labor to install the signs and posts, if needed. The signs are to be installed on Timson Hill Road (TH#41), Newfane Hill Road (TH#20) in two locations, and Steep Way (TH#21).

6. B. GOALS & OBJECTIVES - 2004 - 2005
(1) TOWN OFFICE
The Town Office needs to be painted on the exterior. The capital budget for the building indicates $12,000 for the Town Office for FY 2005.
6. C. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
Some members (P. van Loon and G. Katz) of the Newfane Selectboard will attend the Dover Selectboard meeting on Tuesday, September 21st at 7:00 p.m. to discuss common issues; traffic calming, covered bridge ahead sign, law enforcement (cooperative policing), and highway matters. There will be a Town Plan hearing for public input on the same evening at the Newfane Elementary School conducted by the Planning Commission. Other Board members may attend that meeting.
6. D. OTHER NEW BUSINESS
(1) The Newfane Selectboard will move forward with a Zoning Bylaw Hearing to incorporate the language for the establishment of a Development Review Board after the personnel for the DRB has been established. The Planning Commission has conducted their heraing on the matter and has passed the information on to the Selectboard.
(2) Motion was made by P. Cotton and seconded by G. Katz to have the Regular Meeting scheduled for September 16th be rescheduled to Thursday, September 23rd at 6:30 p.m. at the Newfane Town Office. Unanimous.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)

(1) Item #1 - At this time, the Board will review the matter further before making any decision to fill in the space between the newly installed runners on the covered bridge and/or to put
up warning signs for motorcycle riders. It may be that they are being blinded by the sun. The speed limit signs on each side of the bridge indicate a speed of 5 mph.

8. MINUTES
Minutes of 08/19/04 - Page #1, 2.A. (1) to read ...installing of signs on ... Third sentence AWithout an ordinance, [the] a sign... 2.A. (2), third sentence to read A...discussed having a [more] formal agreement with property owners that any alteration ..." Page #2, 2.G (2) P. Cotton asked [is] if it may..." Page #3, 4., next to the last sentence A...from either the Town [of] or private owners..." 5. Add, P. van Loon recused hinself from the discussion of the new Newfane Post Office and left the room. First sentence A...regarding the [towns] town's interest in having..." Page #4, 5.B. first sentence, A...and an abandoned school bus..."Motion was made by P. Cotton and seconded by G. Katz to approve the minutes of the Regular Meeting of 08/19/04, as corrected. Unanimous.

9. CORRESPONDENCE
A. Correspondence has been received from the office of Weber, Perra & Munzing, P.C. that the basic hourly rate for legal services wil increase from $150.00 to $165.00 as of 1 September 2004.
B. VLCT Group Services has sent correspondence to the towns asking if the town is interested on an on-site visit to discuss the VLCT Health Trust Plan an programs. D. Knechtel sent in the request for an on-site meeting.
C. A Project Review Sheet has been received from ANR for an increase in flow for an existing deli, Katy's, for up to 16 seats, on-site water and wastewater system. The request was made by Newfane Redevelopment Corporation, the property owner.
D. The report for the Windham County Sheriff's Department for 08/01/04 through 08/14/04 has been received.
E. Notice has been posted the Depot Road (TH#2) will be closed on Tuesday, September 7th, 2004 from 9:00 a.m. until 2:00 p.m. for flood damage repairs. The notice has been posted, sent to the Brattleboro Reformer, WTSA, WCSD, and Town of Dover.
F. A complaint has been received regarding dogs running loose in the area of Loop Road (TH#76).

10. PAY ORDERS
Motion was made by P. Cotton and seconded by G. Katz to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
08/21/04 Payroll $ 3,710.16
08/24/04 Payroll $ 381.25
08/28/04 Payroll $ 3,572.44
09/03/04 Payroll $ 2,563.03
09/03/04 Acct.'s Payable #5 $ 327,486.13 Unanimous.

IRS Electronic Federal Payroll Tax Payments
08/25/04 $ 1,181.77
09/01/04 $ 1,207.13

11. EXECUTIVE SESSION - IF NEEDED
Motion was made by G. Katz and seconded by P. Cotton to enter into Executive Session at 9:35 p.m. to discuss a matter of potential litigation. Unanimous.

11. EXECUTIVE SESSION - (cont.)
Motion was made by P. Cotton and seconded by G. Katz to come out of Executive Session at 9:52 p.m. Unanimous.
No action is necessary at this time. The Board may have to call a Special Meeting this next week if any action does need to be taken by the Board.

12. ADJOURNMENT
Motion was made by P. Cotton and seconded by C. Chaffee to adjourn the Regular Meeting of the Board at 9:52 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 - 09/02/04

1. Verizon Petition
The Verizon Petition for pole relocation on Newfane Hill Road (TH#20) is fine. Recommend approval.
2. Traffic Ordinance Update
Kurt will review the draft update and share any suggestions with the Board.
3. Rain Damage
Several Town roads were damaged during the storm on Monday, with the most significant damage being on Lost Mile Road (TH#43) and Depot Road (TH#2). Roads that the Crew has improved this summer seem to have held up very well. The Crew is repairing the storm damage.
4. Duke Road (TH#66)
Some culvert and drainage improvements may be needed to Duke Road (TH#66). Property owners may come in to share ideas with the Board.
5. Road Project Budgeting Course
I took the Vermont Local Roads course on budgeting for road projects yesterday. I found it to be very valuable and recommend it for other Board members.

Gary Katz, Road Commissioner

ROAD FOREMAN'S REPORT - 09/02/04

1. Washouts from Rain

Duke Road TH#6 Sunset Lake Road TH#42
Depot Road TH#2 Chapin Road TH#39
Sears Road TH#44 Wildwood Acres TH#75
Grimes Hill Road TH#5 Cemetery Hill Road TH#16
Loop Road TH#76 Lost Mile Road TH#43
River Road TH#15 Lower Eager Road TH#13

2. The culvert on Grimes Hill Road TH#5) went very well. When we started working there we ended up finding a clean "old" culvert. The ditch was fixed and posts were put up.
3. The bad oak on Clark Farm Road (TH#12) was taken down and removed.
4. Signs on Baker Brook Road (TH#19) and Eager Road (TH#13) were put up.
5. Culverts on Baker Brook Road (TH#19), Eddy Road (TH#71), Newfane Hill Road (TH#20) and Adams Hill Road (TH#27) were replaced, added or fixed.
6. Norm LaMoria has been called about a light.

Kurt P. Bostrom, Road Foreman

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: September 2, 2004

1. David Koski was in with a complaint about the runners on the covered bridge. He did not realize the runners had been put in and he lost control of his motorcycle and scraped his leg. He would like the town to fill in the center between the runners and/or put up a warning sign for motorcycles.

2. Morris Glidden called about the possibility of setting up a meeting with the PC, BOS, Wayne White, William Moncrief and himself to discuss the new Newfane Post Office. I called and spoke with W. Moncrief and he gave me dates in September that he will be available. He indicated that it could be a part of the PC meeting or part of a Selectboard meeting. Dates: September 15th, 21st, 22nd, 23rd, 28th or 30th.

3. Nicholas Mercede and Attorney Tim O'Connor are scheduled at 7:30 p.m. this evening to discuss the proposed change to the intersection of River Road (TH#15) with Radway Hill Road (TH#4). This matter has been discussed in the past and a hearing was held. Final engineering design plans have not been completed.

4. Jim Overton will be in attendance at this evening's meeting to discuss his possible appointment to the Leland & Gray School Board. He found out about it from the L&G web site.

5. The Newfane Selectboard has been scheduled for the Tuesday, September 21st meeting of the Dover Selectboard at 7:00 p.m. Are there specifics to be discussed?

6. Don't forget, Primary Election, with voting here at the Town Office from 9:00 a.m. until 7:00 p.m. and the counting of the ballots after.

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