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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
OCTOBER 5th, 2006
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Daniel DeWalt, Patricia Halloran, Joseph Mandell, Christopher Williams and Hendrik APiet@ van Loon.
Also Present: Edward Druke, Sr., Gary Katz, Gunther Garbe for Planning Commission, 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
(1) The Road Crew likes the new grader.
(2) C. Williams reviewed ditching and road work that the road crew has been doing. They are doing a Aheck of a good job@.
(3) C. Williams is concerned about the safety of the Arch Bridge (BE#12) in Williamsville.
2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #3 - Lane Construction did a great job on the paving this year.
(2) Item #5 - It was recommended that Chris Lowe be scheduled for next year to do the roadside mowing.
(3) Item #7 - T. Lawley is waiting to hear about the possibility of putting in a temporary bridge on Stratton Hill Road, upstream from the current bridge.
(4) T. Lawley said that the crew is "doing a great job".
(5) All other items listed were reviewed and discussed.
2. F. OTHER ROAD BUSINESS
(1) G. Garbe asked about digging out the silt at the inlet side of a culvert in the area of his residence on Newfane Hill Road (TH#20). Not recommended as it may undermine the culvert.
(2) T. Lawley will be working with E. Druke on the installation of the Old Newfane Common culvert which will allow better access to the property.
2. C. EXCESS WEIGHT LIMIT PERMIT
Motion was made by C. Williams and seconded by D. DeWalt to approve the excess weight permit for Lawrence Bills for 3 axle truck at 60,000# and a 5 axle truck at 80,000#. Discussion: J. Mandell requested that historic bridge #49 (Green Iron Bridge) be highlighted on the bridge list. This had not been done on the other 19 permits issued. The Brookline Bridge (Be#19) and the covered bridge (Be#17) are also historic. Vote on the motion. In favor: D. DeWalt, P. Halloran, C. Williams and P. van Loon. Opposed: J. Mandell. Motion passes.
2. E. CULHANE CORNER UPDATE
A response has been received by Richard Perra, attorney for the town, from Thomas Costello, attorney for the Culhane's regarding the proposed Settlement Agreement. The correspondence was reviewed by the Board. The document suggests that if the septic system fails within two years as a result of the construction that the town will repair or replace the system. Board members asked why
2. E. CULHANE CORNER UPDATE - (cont.)
that should be part of the deal. If it is considered, 30 days should be adequate. It was also suggested that the Culhanes mark the location of the septic system. There are plans on file for the system. Board members did not feel that Item #8 is necessary. It was suggested that reconstruction photos be taken as well as final inspection. The project is within the town highway right-of-way. Motion was made by J. Mandell and seconded by C. Williams to have Chairman van Loon relay to Attorney Richard Perra the response of the Selectboard pertaining to the proposed Settlement Agreement between the town and the Culhanes. Unanimous.
2. F. OTHER ROAD BUSINESS
(1) A problem with a septic smell in Williamsville Village was noted. It was suggested that J. Feifel test the systems by putting in dye to determine where the problem is coming from.
(2) Discussion about Grist Mill Road (TH#68): It is a Class 3 town road, and is a public way with restricted parking. The fire department does have access to the water supply, if needed, from the Rock River.
(3) Arch Bridge (Be#12) - D. DeWalt requested that the Board revisit the issue of the condition of the Arch Bridge and restricting the weight limit to 24,000#. Vehicles that are over that weight could use Grimes Hill Road (TH#5). Motion was made by D. DeWalt and seconded by J. Mandell to notify the state to put together a sign package that will divert loads above 24,000# from use of the Williamsville/Depot Road (TH#2) to Grimes Hill Road (TH#5). Discussion: The town has been waiting to hear from the state regarding their assessment of the bridge after their inspection in the spring. J. Alexander, AOT District #2 Technician, does not have the same concerns as the town about the condition of the bridge. As a result of the discussion the motion as stated was withdrawn. Motion was made by D. DeWalt and seconded by J. Mandell to enforce the 24,000# weight limit on the Arch Bridge (BE#12). Unanimous. The town may ask the state about a sign on VT Route 30 to divert excess weight vehicles (above 24,000#) to use Grimes Hill Road (TH#5).
3. SCHEDULED MEMBERS OF THE PUBLIC
A. OPENING OF SAND BIDS
The following bid was received from Cersosimo Industries for Winter Sand.
Cersosimo Industries, Inc.
9/16" Winter Sand @$11.00 CY Delivered to town garage
(2,500 CY +/- @ $6.00 CY FOB
Sand is from the River Road Pit in Chesterfield, NH.
Motion was made by P. Halloran and seconded by C. Williams to purchase the Winter Sand, as specified, from Cersosimo Industries, Inc. for the amount of $11.00 CY delivered to the town garage. Unanimous. It was suggested that the town start earlier in the season to get the winter sand.

5. OLD BUSINESS
B. DECISION ON TOWN OFFICE PAINT BIDS
After discussion of the five bids received for the painting of the exterior of the Town Office, motion was made by P. Halloran and seconded by D. DeWalt to award the bid to Pam Goulet for the amount of $5,600 after Chairman van Loon checks the references. Unanimous. The lowest bid did not include a Certificate of Insurance or a list of references as required in the bid specifications.
5. C. DISCUSSION OF HEATING FUEL BIDS
Board members discussed the closing of the Williamsville Hall from the first of November until the end of February. This will make a difference in the amount of heating fuel that will be needed by the town. The water will need to be drained. The cost of a new filter system will also be looked into. Motion was made by P. Halloran and seconded by C. Williams to close the Williamsville during the months of November through the end of February. Unanimous.
5. D. OTHER OLD BUSINESS
(1) Windham Regional Commission has made the recent corrections to the town highway map, which is also included within the Town Plan.
(2) There was a recent incident in which Rescue Inc. had some confusion responding to a 911 call on Pikes Road. It seems that their highway map still has Wheeler Hill Road, which has been changed to Parish Hill Road.
(3) Piet will be meeting with a WCSD Deputy tomorrow or Monday at the latest regarding the LaFlamme trailer on South Wardsboro Road (TH#1). A letter will be drafted to go with a ticket to be issued from the WCSD.

6. NEW BUSINESS
A. APPOINTMENTS - No action was taken.
6. B. DRAFT APPRAISAL RAP
A draft RAP has been prepared for a town-wide reappraisal update using the Access-Pro program. D. Knechtel explained the RAP and the reason for the two phase process. The state PV&R wants a sales analysis and other reports done first, before the state approves of the second update phase. Board members reviewed the document and agreed that it should be sent out as prepared.
6. C. AUGUST FINANCIAL REPORTS
The August financial reports were reviewed by the Board. There was a questions about the source of the $50,000 in miscellaneous revenue. The status of the cash flow was also discussed. The second quarter tax payment due is due on October 15th. It was suggested that if any Board members have questions, they should ask Maureen directly. Adjustments for FY 2006 have not yet been made. The professional audit should be starting soon. Board members also scheduled special budget meetings for FY 2008 on November 14 and on November 21 from 7:00 to 9:00 p.m.

6. D. OTHER NEW BUSINESS
(1) Information has been received from Dopp & Dopp of Hudson, NH regarding bridge construction. Chairman van Loon will call about the cost for a potential bridge to replace the Stratton Hill Road bridge (Be#42). Renaud has also looked at the bridge and has a recommendation for a temporary bridge and repair of the existing bridge.
(2) The Selectboard has received a letter from a group of representatives who are trying to get a movement going for the next legislative session to "Revolt and Repeal" the current education funding system that is causing skyrocketing property taxes, forcing people out of their homes. Although the Board members agree that Act 60/Act 68 is a problem, they would like to have further information about an alternative solution.
(3) The Traffic Calming Committee met recently and came up with a AVery Preliminary Traffic Speed Enforcement Plan "to be reviewed and approved in principle by the Selectboard. The first step would be to review the signage relating to "Reduced Speed Ahead" and the speed zones. If speed zones need to be adjusted, there would need to be a traffic study and the Traffic Ordinance would need to be amended. Three to five areas would be identified, one would be chosen to begin the enforcement procedure, by first using a moveable sign "Newfane Enforces Speed Limits" and a Smart Cart to show speed of the vehicles. Then enforcement would take place during a two to four week period at certain hours when traffic is expected to be the heaviest. The process would then move to each of the problem areas on a rotating basis. The Sheriff would also be involved in assessing the plan with reports to the Selectboard. During the discussion by the Board members, the costs of extra signage and extra enforcement will be more than the current budget would allow. A smart cart may be available through the Windham County Sheriff's Department or the Dover Police Department.

5. OLD BUSINESS
A. DISCUSSION OF STATUS
(1) PERSONNEL POLICY - No action.
(2) WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW - No action.
(3) HEALTH ORDINANCE AMENDMENTS - No action.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
The items listed were reviewed. No action was required. Board members indicated that they were sorry to see Andy Rosen, reporter for the Reformer, leave the area.

8. MINUTES
Motion was made by P. Halloran and seconded by J. Mandell to approve the minutes of the Regular Selectboard meeting of September 9, 2006, as written. Unanimous.
Motion was made by J. Mundell and seconded by P. Halloran to approve the minutes of the Newfane Town Plan Hearing of September 13, 2006, as written. Unanimous.
Motion was made by P. Halloran and seconded by J. Mandell to approve the minutes of the Special Selectboard meeting of September 13, 2006, as written. Unanimous.
Motion was made by P. Halloran and seconded by C. Williams to approve the minutes of the Regular Selectboard meeting of September 21, 2006, as written. Unanimous.

9. CORRESPONDENCE
A. Shelbajean Hescock has been in contact with the Brattleboro Area Community Land Trust regarding the paperwork for the housing loans, payments schedules and liens that have been recorded on properties in Newfane and Dummerston. The town will be designating BACLT as the organization to take over the loan program.
B. Henry Pickney has written to the Selectboard regarding an incident that involves the NewBrook Fire Department. The Selectboard has responded previously to Mr. Pinckney that the town does not have any jurisdiction over the NBFD. No action will be taken by the Board.
C. Board members were given a copy of the upcoming warning and ballot for the Leland & Gray bond vote on November 7 th for indebtedness of $5,370,000. Informational meetings will be held at Leland & Gray on Tuesday, October 10, 2006 and on Wednesday November 1, 2006 beginning at 7:30 pm.
D. A copy of the progress meeting minutes for the Village Sidewalks has been received. It was noted that the utility pole is to be relocated. When the existing pole is removed, the town will set the missing piece of curbing, which is in Bea's garage.
E. The VLCT Calendar of Training and Events has been received.
F. The Municipal Officers Meetings will be held in Fairlee on October 17th and in Rutland on October 24th. Those interested in attending may register on-line.
G. A letter to the Board of Health has been received from Timothy Shafer, M.D., Newfane Health Officer, regarding an inspection of a trailer after a fire on October 3, 2006. There were two inhabitants who were rescued. He recommends that the structure be condemned as unfit for safe human habitation and gross violation of the rental housing code. Chairman van Loon will develop a letter to be sent to the owner of the property including concerns expressed by Dr. Shafer.
10. PAY ORDERS
Motion was made by P. Halloran and seconded by J. Mandell to approve the Newfane Payroll Warrants and the Accounts Payable Warrant for the following amounts:
09/27/06 Payroll $ 2,994.92
10/04/06 Payroll $ 3,015.98
10/06/06 Payroll $ 1,885.50

Minutes - Newfane Selectboard's Regular Meeting - 10/05/06 Page #5
10. PAY ORDERS - (cont.)
10/06/06 AP Warrant #7 $ 28,644.59 Unanimous.
IRS Electronic Federal Payroll Tax Payments
09/26/06 - 10/04/06 $ 1,019.46
09/26/06 - 09/27/06 $ 1,115.12
10/03/06 - 10/11/06 $ 1,023.77

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 P. Halloran and seconded by C. Williams to adjourn the Regular meeting at 10:25 p.m. Unanimous.

Respectfully submitted,

Doris A. Knechtel
Newfane Selectboard

Posted: Town Clerk's Office, Newfane Store, Williamsville General Store, and South Newfane General Store & Deli. www.newfanevt.com


ROAD FOREMAN'S REPORT
October 5, 2006

1. Roads: We have been ditching with the backhoe and grader on Stratton Hill Road (TH#35) and Hunter Brook Road (TH#32). We are currently on Grout Road (TH#19) ditching with the backhoe and grader. The crew went out and checked and cleaned all the culverts on Friday before all the rain. The roads continue to be on good shape at this time.
2. Equipment: I have ordered tires for the backhoe they should be here soon. The chipper has gone to Chicks Electrical to have a charging problem fixed and Twin State Truck Repair will look at it for a running rough problem. We will soon be getting sanders ready for the winter season.
3. Paving: The paving is done and Lane Construction did a very good job on both the roads. They still have to come back and do the shoulder work.
4. Pavement Crack Sealing: NiCom has completed the regular crack sealing they will send a different crew down to repair the wide crack on Depot Hill Road (TH#2) and fix the joint on Monroe Bridge (BE#15).
5. Road Side Mowing: Chris Lowe is doing the road side mowing now and should be done soon. He is interested in setting something up for next year so we would be on his schedule.
6. Line Striping: VTAOT has started the painting of the center line. They will be done once the blacktop dries out from all the rain.
7. Stratton Hill Bridge: Piet and I met with Mike Renaud about a solution for that bridge. He is looking into a temporary bridge that they might have to see if it would work there. He will get back to the town when he finds out if it will work there.
8. Arch Bridge: I am still waiting to hear back from John Alexander to see if someone from the state is going to come down and when. I have called John several times.
9. Winter Sand Bids are out. Doris sent them out last week.
10. Piet has met with Courtney Nau/Alpine Meadows about the stone culvert on Timson Hill Road (TH#). Piet has spoken to the land owners and they have no problem with the project. Courtney has spoken to Fred Nicholson of ANR and that is all set.
11. Culvert and Road Inventory: Fred Jutras is working with Paul Smith on the road inventory. They should e done with that soon. That should be the last phase of the field work. The rest of the project will be putting all the information on the computer.
12. Old South Newfane Yard: I have talked to Mike Fitzpatrick about removing the pile of fill on that site. He said he is interested and will talk to Piet about what needs to be done.

Thank you,

Todd Lawley
Road Foreman


To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: October 5, 2006

1. Several responses (100+) to the Broadband survey have been sent for tabulation. There are an additional 10 - 20 that have been sent since then.

2. The Planning Commission grant request for revising the Zoning Bylaw has been sent to the Department of Housing and Community Affairs in a timely fashion.

3. Included within your packet of information is a response regarding the ASettlement Agreement@ between the town and the Culhanes.

4. Also included within your packet of information is a draft reappraisal RFP. This needs to be sent out soon. The reason for the two phases is due to the state requirements.

5. I received a call from Andy Rosen of the Reformer to let me know that he is moving out of the area. He wants to thank the Board for the support that he was given in Newfane.

6. Maureen and I are at the VLCT Town Fair in Barre on Thursday. I'll be back for the meeting.

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