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Board of Selectmen Meeting Minutes

Any and all correction to the following minutes will be made at the 11/06/03 Newfane Selectboard=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 16th, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and Chris Williams.
Also Present: Mark Considine and Linda Goss from Rescue Inc., Bill Morse and Mark Morse of The Original Newfane Flea Market, Brian K. Copperthite, Sr. NewBrook Fire Rescue, James Borta of Newfane Market, James O. Gray as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Piet van Loon at 6:30 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. RESCUE INC. - LINDA GOSS AND MARK CONSIDINE
Linda Goss and Mark Considine from Rescue, Inc. were present discuss with the Board the operations of Rescue, Inc. and to explain the request basis for the increase in the amount of the appropriation for the 2005 Fiscal year.
The amount being requested is $4,410 for the next Fiscal Year from July 1, 2004 - June 30, 2005. This amount is based on $5.25 per capita for one half of the 2000 census data (1,680) as compared to $4.50 for this current year. This is an increase of $630.
Rescue Inc. responds to 9 communities within their operational boundary. They are required by Federal law to treat and transport patients in these communities. However, the Federal government only reimburses 60% of the cost. Not all of the patients that they have to transport have insurance to cover the cost of the services provided. They do have a subscriber program which does benefit the people who have to use the service. M. Considine reported that Rescue Inc. was $45,000 in the red for last year.
There Letter of Operational Conduct outlines the Operational, Clinical and Financial performance standard between Rescue Inc. and the Town of Newfane.
It was suggested that someone from Rescue Inc be in attendance at the March Town Meeting to speak to the article on the requested appropriation. It was also suggested that information be included in the local newsletters, such as the Butterfly, to provide information about how families can participate in the Rescue subscription program.
Board members asked a few questions of M. Considine and L. Goss. The Board also thanked them for their attendance at the meeting.

5. A. APPOINTMENTS
(1) REPRESENTATIVE TO RESCUE INC.
Brian Copperthite, Sr. indicated that he is interested in serving as the Newfane Representative to Rescue Inc. He has lived in Newfane on Oak Hill Road for four years and has served as a EMS since 1982. Motion was made by G. Katz and seconded by P. Cotton to appoint Brian Copperthite, Sr. to serve as the Newfane Representative to Rescue Inc. Until March, 2004. Unanimous.


2. B. OPENING OF BAND RAIL BIDS
The following bids were received for band rail to be installed in specific areas on Dover Road (TH#2), Stratton Hill Road (TH#35) and South Wardsboro Road (TH#1).

Company Name New Posts & Beam Used Posts & Beam Cert. of Insurance
F.R. Lafayette, Inc. $12,945.00 $10,095.00 Yes
G. & P. Construction $12,870.50 $ 9,061.05 (Steel Blocks) No
    $10,050.75 (Wood Blocks)  
Highway Steel $12,088.40 $ 7,723.00  

Motion was made by P. Cotton and seconded by G. Baldwin to take the bids received under advisement. Unanimous. The Road Commissioner and the Road Foreman will review the bids received and make a recommendation to the Selectboard.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. William Morse was present to ask the Selectboard about the completion of the Act 250 Municipal Impact Questionnaire to be included with the Act 250 application for the Original Newfane Flea Market for a proposal to build storage sheds. W. Morse briefly explained what is proposed for the area showing a diagram of the location of the storage lockers, screening, and location of access areas to the property. For the municipal questionnaire, responses for the services provided by the town were prepared, which the Board reviewed. Motion was made by G. Katz and seconded by P. Cotton to have the Chairman, H.W. van Loon sign the Act 250 Municipal Questionnaire for the Original Newfane Flea Market with the responses as prepared. Unanimous. B. James Borta, owner of the Newfane Market, was present to drop off a petition with 177 signatures asking that the Selectboard and the Trustees of the Village request VTrans install stripped pedestrian cross-walks on VT Route 30 at various locations and to also request that yellow diamond signs displaying a pedestrian be installed at the north and south ends of the village. It was suggested that J. Borta give a copy of the petition to the Village Trustees and ask that they be the lead in preparing a letter to the state for the requests expressed in petition, as the activity all takes place within the village boundaries.

4. OLD BUSINESS
A. PERSONNEL POLICY
The discussion of the proposed Personnel Policy will be put on hold until a future meeting. B. ACCESS/RIGHT OF WAY POLICY
Board members have received a copy of proposed changes to the original draft Access/Right of Way Policy from Grafton. The document will be discussed at the meeting of November 6th.
C. DOG ORDINANCE REVIEW
P. Cotton and G. Baldwin have not had a chance to develop a presentation to the Board for the recommended improvements to the Newfane Dog Ordinance.
D. OTHER OLD BUSINESS
(1) P. van Loon has prepared two draft letters to be sent to Harland Van Ness and Clive LaRose regarding a drainage matter on Jones Hill Road (TH#52). Board members reviewed the letters. Motion was made by G. Katz and seconded by P. Cotton to have Chairman Hendrik W. van Loon sign the letters on behalf of the Board and to send them to the appropriate parties. Unanimous.
(2) G. Baldwin reported on his discussion with Attorney Jean Giddings regarding the relationship between the issuance of a permit by the Acting Zoning Administrator and the pending lawsuit involving the Zoning Administrator and some members of the ZBA.
(3) On order for the town to received the monies from the VAOT Incentive Grant Programs, the town has to submit a claim. Motion was made by G. Katz and seconded by G. Baldwin to have the Board sign the Claim for the Incentive Grant Program in the amount of $60,000 for Bridge #32 on Bruce Brook Road (TH#21) and to sign the Claim for the Incentive Grant for paving of Class II roadway in the amount of $50,4000. Unanimous. The town has paid the full amount for each project.
(4) The town has received a packet of information from FEMA relating to the flood damage on Newfane Hill Road (TH#20) and on Upper Spring Hill Road (TH#23) on August 17th of this year. The documents have been reviewed by P. Van Loon and D. Knechtel. The total amount of the project is $12,904.47. The town will received 75% from the FEMA funds which is $9,678.35. Some culverts will be replaced and the stone lined ditches will be ditches. Motion was made by G. Baldwin and seconded by G. Katz to have the Chairman Hendrik W. Van Loon sign the Memorandum of Understanding and the VT Emergency Relief and Assistance Fund State Share form. Unanimous. The state will pay either 15% or 12.5% leaving the town to pay the balance.
(5) A letter has been received from Charles ABud@ Bergmann regarding the drainage and ditching on his property as it relates to the town highway. (Dover Road (TH#2)). The Selectboard has indicated in the past that engineering plans are needed for the work that is to be done for the drainage and access points. Act 250 has also requested engineering plans for his subdivision project.
(6) P. Cotton has reviewed a number of alternative light fixtures to be used in the Town Office. She will look into the pricing of the fixtures and will get together with P. van Loon.

6. ROAD BUSINESS
6. A. ROAD COMMISSIONER'S REPORT
(1) WINTER SAND BID - The Road Commissioner and Road Foreman have reviewed the winter sand at the Bemis Pit and the River Road Pit of Cersosimo Industries, Inc. And the Zaluzny Pit. Motion was made by G. Katz and seconded by C. Williams to award the winter sand bid to Cersosimo Industries, Inc. for 2,500 cubic yards of 9/16" winter sand at $7.35 per cubic yard delivered to the Newfane Town Garage from the Bemis Pit in Vernon ONLY. Unanimous.
(2) The RC and the RF will continue to try to contact J. Sinon and M. Stone.
(3) P. Cotton mentioned the entrance to Old Stage Road (TH#9) and other roads off of South Wardsboro Road (TH#1) are not a smooth transition as they have been in the past. Now there is a ditch with water draining across the road causing a hump at the entrance.
(4) The candidates for the open position on the highway crew have been interviewed.

EXECUTIVE SESSION - Motion was made by G. Katz and seconded by C. Williams to enter into Executive Session at 8:17 p.m. to discuss a matter of employment of a potential highway crew employee. Unanimous. Board members, J. Gray and D. Knechtel were present at the Executive Session.
Motion was made by G. Baldwin and seconded by C. Williams to come out of Executive Session at 9:45 p.m. Unanimous.
G. Katz will contact references of the candidates. The Board has agreed to meet again on Tuesday, October 21st at 6:30 p.m. at the Town Office to continue the discussion.

6. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) The Board reviewed the Road Foreman's report. None of the items required any action by the Board other than the awarding of the sand bid. (See Item 6. A. (1))
6. D. ACCESS/RIGHT OF WAY PERMITS
(1) A letter should be written to Peter Rysz on Baker Brook Road (TH#19) regarding activity within the town highway right of way.
(2) There needs to be a letter written to Mike Reiff as it looks like there are two access areas instead of one the way it is flagged. The other question that the RC and the RF have relates to the lamp and address post and whether or not M. Reiff has contacted Adig safe@and if he did, does he have a record of it.
(3) There is another location that was mentioned that put up a granite post within the town highway right of way. A letter and application permit will be sent.
(4) A permit for Laying Pipes and Wires and Wire under the town highway was submitted from Thom Dahlin for underground electric and telephone service on South Wardsboro Road (TH#1). It seems that there had been a previous permit for the same thing, but a copy could not be located. Motion was made by G. Katz and seconded by G. Baldwin to approve the permit for laying wires under South Wardsboro Road (TH#1). Unanimous. The Road Commissioner will act as the agent for the town to inspect the work as it is being done, and to assure that the road is put back to the original or better condition. The $25.00 fee was paid for the earlier permit.
6. G. OTHER ROAD BUSINESS
(1) Inquires were made about having a STOP sign at the end of Timson Hill Road (TH#41) entering onto Dover Road (TH#2) and at the end of Spring Hill Road (TH#24) entering onto Baker Brook Road (TH#19).
(2) It was noted that the bandrail contractor, when selected, will need to repair the damage caused by the falling of a large tree near Monroe Bridge (BR#15).

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #1 - Whether to have a timer or a motion sensor light over the diesel and gas tanks at the Town Garage will be looked into.
B. Item #2 - The Newfane Elementary School Board and the representatives of the Leland & Gray Board meeting with the Selectboard has been rescheduled until Thursday, November 6th beginning at 6:30 p.m.
C. Item #7 - The town received a list of the replacement values for the town buildings for a recent review by VLCT. The value of the Williamsville Hall seems to be quite high.
D. Reminder - There will be a Planning Commission site visit for the recreational parking for the town trails at 3:00 p.m. on 10/21/03 at the town garage with a hearing on the matter at the Town Office at 7:00 p.m. on the same date.

8. MINUTES
Motion was made by P. Cotton and seconded by G. Baldwin to approve the minutes of September 18, 2003, as written. Unanimous.
Motion was made by G. Katz and seconded by G. Baldwin to approve the minutes of October 2, 2003, as written. Unanimous.

9. CORRESPONDENCE
A. Information has been received regarding possible Hazard Mitigation Funds that may be available through Vermont Emergency Management. P. Van Loon will look into the matter.
B. A copy of the agreements between Eagle River Mining, Inc. and Opponents a represented by Attorney Ray Perra has been received from Edward V. Schwiebert, attorney for Eagle River Mining. The agreements include an Escrow Agreement, Withdrawal of Pending Appeals, Development and Operation of Newfane Soapstone Quarry, and Future Activities of the Newfane Soapstone Quarry.
C. Notice of an Alleged Violation of the Newfane Landfill Post Closure has been received. The matter has been resolved.
D. A copy of the West River Acres, Inc. Proposed Findings and Conclusion of Law under criteria 1F and 8A of the Agency of Natural Resources has been received.
E. P. van Loon spoke of looking into the application of Liquid Anti-Icing materials for use on the highways during inclement winter weather. There will be a workshop on October 31st in West Lebonon, NH.

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:
10/04/03 Payroll $ 2,889.50
10/11/03 Payroll $ 2,768.53
10/15/03 Payroll $ 481.20
10/17/03 Acct.=s Payable #9 $ 343,287.78 Unanimous.
IRS Electronic Federal Payroll Tax Payments
10/08/03 $ 869.45
10/08/03 $ 436.24
10/15/03 $ 887.01

12. ADJOURNMENT
Motion was made by G. Katz and seconded by C. Williams to adjourn the Regular Meeting of the Board at 10:35 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 10/16/03
TOWN OF NEWFANE HIGHWAY

1. The following roads were worked on since the last B.O.S. meeting: Sunset Lake Road (TH#42), New Road (TH#30), Timson Hill Road (TH#41), Hobby Hill Road (TH#19), Mayers Road (TH#40), Otis Lane (TH#22), and Stratton Hill Road (TH#35). A culvert on Hobby Hill Road was reset.

2. Winter sand was checked at Zaluzny Pit, Cersosimo River Road Pit, and Cersosimo Bemis Pit in Vernon. Samples indicated that Bemis Pit sand was the best for Newfane. Not a blend of Bemis Pit and River Road Pit. 9/16 inch sand should come from Bemis Pit only.

3. Equipment: A. The F-550 is still running rough. B. All other equipment okay.

4. Very strong winds on 10/15/03 caused power outages and closed roads. All roads are now open and cleared of debris and trees.

Respectfully submitted,
James O. Gray, Road Foreman


To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant=s Report
Date: October 16, 2003

1. Question regarding the light over the fuel pumps at the town garage. Should the light be left on all of the time, or should there be a motion sensor light installed? With a motion sensor light, it would seem that any unwarranted activity may be more noticeable to any passerby.

2. The two School Boards, Elementary and Leland & Gray representatives, were invited to this evenings meeting. However, it has been rescheduled until Thursday, November 6th at 6:30 p.m.

3. David Hoyne, of VTrans structures division, will be forwarding the information requested regarding the stability of the bridges on South Wardsboro Road (TH#1) as it relates to the Eagle River Mining project and the agreement with the town. The Act 250 hearing was held for that project on Wednesday, October 8th.

4. Within you packet of information, recommended changes have been made to the proposed access policy for the town to back up the current Access/Right of Way permit application.

5. There are two VAOT Claims for Incentive Grants to be signed by the Board. One for Bridge #32 on Bruce Brook Road (TH#21) ($60,000) and on for the recent paving ($50,400). The town has paid in full for each of these projects.

6. There is a Municipal Impact Questionnaire to be signed for The Original Newfane Flea Market, Inc. I have added a detailed response to be submitted by the applicant with the Act 250 Permit Application.

7. I am in the process of preparing the 2004 Renewal Application for the VLCT Property and Casualty Intermunicipal Fund, Inc. (PACIF). The application is due on November 7th.

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