Any and all corrections to the following minutes will be made at the 11/18/04 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

PRESENT:
Selectmen: Piet van Loon, Carleton Chaffee, Priscilla Cotton, and Gary Katz.
Absent: Chris Williams.
Also Present: Gunther Garbe of Planning Commission, Edward Druke, Sr., Emily Long, 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
(1) The majority of the center lines on all Class 2 roads within Newfane were painted by the State on Wednesday, October 20th.
(2) G. Katz and the Highway Crew attended the Winter Roads Maintenance workshop in Dover recently and obtained some valuable information. Calibration of the amount of sand and salt that is put on per mile of road was one of the important topics.
2. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #1 - The updated amounts to be received from FEMA appear in Item 1 of the Administrative Assistant’s Report.
(2) Item #4 - The Selectboard asked Kurt to check on the extended warranty for the Ford F-550 which may cover the steering problem that is being repaired.
(3) Item #5 - Kurt feels that the new MDMS program will assist him with his daily time sheets, materials and equipment use.
(4) Item #6 - The Winter Roads Maintenance course will be beneficial for calculating the amount of sand and salt that is to be used on the roads during the winter months.
(5) Item #7 - Kurt has spoken with property owners owning the land where the brush and trees are to be removed for better visibility and they agree to have the work done.
(6) Kurt will double check on an eight inch (8") pipe on Grimes Hill Road (TH#5) that is westerly of the steep drive on the southern side of the road. (Robert Swartz property - D290)
2. F. SAND/SALT SHED REQUIREMENT
Within a few years the towns in Vermont will be required to have salt/sand sheds. The recent Vermont Local Roads publication for the Fall of 2004 showed examples of a few towns that have built their sheds. The average costs was $120,000. An igloo style shed would be less. The town does have a salt shed. The suggestion was made by P. van Loon to look into taking hemlock off of the town garage property to be used for building the required shed. A Forest Management Plan prepared by the former Newfane Forest Council shows a substantial stands of hemlock with recommendations for thinning certain areas in the year 2000 and 2015. P. van Loon will contact the County Forester, Bill Guenther, who served on the Forest Council and who also served on the Conservation Commission.
2. H. OTHER ROAD BUSINESS
(1) The Fall 2004 Vermont Local Road publication that by January 9, 2012 that due to changes in the Manual on Uniform Traffic Control Devices, the town will be required to have retro reflective street name signs the recommendation for an increase in the letter size. On local roads with speed limits greater that 25 mph, signs should be 6-inch uppercase letters.
(2) Also included in the Vermont Local Roads publication, road graders, loaders, spreaders, and similar machines are to be registered for a fee of $100 per year and is good for 5 years and should display a municipal plate.
2. C. EXCESS WEIGHT PERMITS
No Excess Weight Limit Permits were received for action by the Board. P. van Loon did write a letter to the forester managing the logging operation on Newfane Hill Road (TH#20) regarding the need for an excess weight limit permit for the use of the town roads and bridges. No response has been heard back from him.
2. D. ACCESS/RIGHT OF WAY PERMITS
(1) Motion was made by G. Katz and seconded by P. Cotton to sign the approval to proceed with the request from Andrew Yoder for a permit to replace an existing culvert under Brown’s Road (TH#45). Unanimous.
(2) Motion was made by G. Katz and seconded by P. Cotton sign the approval to proceed with the request from William Alger to install a new culvert across Stratton Hill Road (TH#35) from Tax Map Lot #E058.6 with the condition that an 18" plastic pipe be installed as per the diagram. Included with the permit for laying pipes across the town road is a request to change an existing access (A04-10) was also approved by the Board. Unanimous.
(3) With reference to the Montgomery access on Timson Hill Road (TH#41) issued on May 15th of 2003, there was nothing in writing to indicate that they be required to close their second access. Some had a recollection that the Montgomery’s would close the original access when the new access was complete. The town Access/Right of Way Policy, which was adopted on February 19, 2004 which indicates will normally allow only one access point for a single property.
2. G. PROPOSED - WINTER MAINTENANCE POLICY
It was suggested at a recent meeting regarding Winter Road Maintenance that towns have a written Winter Maintenance Road Policy to cover the town should there ever be a question of liability regarding winter highway maintenance. G. Katz and K. Bostrom will develop a proposed policy for the meeting of November 4th.
2. H. OTHER ROAD BUSINESS - (cont.)
(3) Correspondence has been received from Anne S. Montgomery requesting that the town put a sign on Timson Hill Road (TH#41) near a narrow curve which states: Dangerous Curve, 15 MPH or Caution before the winter months to “further ensure safety” due to increased year round traffic on the road. The Board may consider a curve arrow sign. There are several other roads within Newfane which meet the same criterion of narrow spots and curves.

Motion was made by P. Cotton and seconded by G. Katz to recess the regular meeting of the Newfane Selectboard at 7:21 p.m. and convene the Hearing on the Zoning Bylaw to incorporate the Development Review Board and other minor changes. Unanimous.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. HEARING - ZONING BYLAW - DEVELOPMENT REVIEW BOARD
The Planning Commission and the Selectboard have been discussing the creation of a Development Review Board (DRB). The ZBA would no longer be necessary as the DRB would take care of Site Plan Review, ZA appeals, variances and Conditional Uses. The Planning Commission would be responsible for planning only. There was mention that if the PC is not involved with the DRB they could lose touch with some of the town’s planning issues. PC members may also serve on the DRB as a regular member or an alternate.
Board members reviewed the proposed changes to the Zoning Bylaw to incorporate the creation of a DRB for Newfane. Many of the changes deal with changing wither ZBA to DBA or PC to DRB throughout the document. In section 2230 there is as addition of “or any other approvals”. In section 2310 there is the addition of “five (5) and four (4) alternates” which would make up the DRB. Also in section 2310, line 3 after Subchapter eight (8) add “(4416 B)”. In section 5430, the height of a fence has been recommended to be changed from a maximum of “five (5) feet to six (6) feet”. The Planning Commission held their public hearing on the recommended changed and the establishment of a Development Review Board on August 24, 2004.
Motion was made by G. Katz and seconded by P. Cotton to adopt the amendments as proposed to the Newfane Zoning Bylaw for the establishment of a Development Review Board to be effective as soon as possible with the establishment of members to the DRB. Unanimous. Motion was made by C. Chaffee and seconded by P. Cotton to adjourn the hearing of the Zoning Bylaw amendments at 7:40 p.m. for the creation of a Development Review Board also with some other minor amendments and reconvene the Regular Meeting of the Newfane Selectboard Unanimous.

4. UNSCHEDULED MEMBERS OF THE PUBLIC
Current Zoning Administrator, P. van Loon left the room at 7:41 p.m. G. Katz was appointed as the Chairman Pro Tem for this discussion.
(1) Gunther Garbe of the Planning Commission was present to inform the Selectboard that the PC has interviewed three candidates for the position of Zoning Administrator and they have a recommendation for the board. After much discussion, it was decided to have the Selectboard interview the same three candidates at a special meeting of the Board on a date to be determined when a majority of the Selectboard and the candidates can meet.
Chairman P. van Loon returned to the meeting at 8:15 p.m.

5. OLD BUSINESS
A. UPDATE - NEW NEWFANE POST OFFICE
Zoning Administrator P. van Loon met with William Moncrief of the USPO, Wayne White, Kathleen Shugla, and Morris Glidden. The meeting was to discuss, informally, Wayne White’s proposal to develop a new post office for Newfane using the existing post office along with the property owned by Kathleen Shugla. Mr. Moncrief’s first duty is to look into the expansion of the existing facility before other potential locations are considered. Mr. White will need to present some engineered plans to Mr. Moncrief.
Chairman P. van Loon left the room at 8:25 p.m.. P. Cotton was appointed as Chairman Pro Tem for this discussion.
Selectboard members discussed whether or not they should be more aggressive in the town’s pursuit to have a new post office built on the Town Office property. Hearsay indicates that Mr. Glidden may have contacted the VT Congressional delegation about the USPS process to choose a new post office site. P. Cotton will draft a letter to the VT Congressional delegation to express the town’s point of view on the matter. Most of the comments from the public about the possibility of having the new post office located on the Town Office property have been positive.
(2) E. Druke indicated that he attended a recent Local Emergency Planning meeting where there was a presentation by the State Police for the planning for 100,000 people to attend the Phish Concert in Coventry, VT.
(3) E. Long indicated that Win Clark has resigned from the Leland & Gray Board. No letter has been received by the Newfane Selectboard.

5. B. NEWFANE TRAFFIC ORDINANCE UPDATE
No action taken.
5. C. PERSONNEL POLICY
No action taken.
5. D. OTHER OLD BUSINESS
(1) The Selectboard has received a letter from C. Bergmann regarding his development road. Members of the Board indicated that they are not going to reconsider their stand on the town requirements. Motion was made by C. Chaffee and seconded by G. Katz to have Chairman P van Loon write a letter to Mr. Bergmann asking that he submit an actual plan showing the proposed pull-offs, the cul-de-sac at the end of the road and the catch basin so that the Selectboard may react to his latest road design and associated improvement. Unanimous.
(2) Questions were raised about the painting of the Town Office and the vinyl siding issue. Concerns were expressed about the potential moisture issue from the crawl space. The ventilation system needs to be explored. There is no vapor barrier. P. Cotton and P van Loon will look into the basement to assess the current moisture condition.
(3) The color correct bulbs, that have not yet been installed will need to be changed to 40 watt. This should take care of the “flickering” problem with the ballasts, that will now not have to be replaced.
(4) The dog incident which occurred in Brookside that the WCSD responded to has generated some calls. The dog was released from the vet the next day with the charges being the responsibility of the owner. The town ordinance only requires that a dog be quarantined if a person is bit and requires medical attention. It was suggested that the owner of the cat that was killed, contact Kevin Behan and/or the WCSD for any follow up questions they may have. Statements from the neighbors indicate that there have been previous problems that have occurred with the dog or dogs, but have not been reported to the Constable or the WCSD.

6. NEW BUSINESS
A. APPOINTMENTS
(1) ZBA - 2007 - (OR DRB) - No action
(2) LELAND & GRAY NEWFANE REPRESENTATIVE - No action.
6. B. GOALS & OBJECTIVES - 2004 - 2005 - No action.
6. C. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
No action.
6. D. BUDGET PROCESS - SOCIAL SERVICES
P. van Loon checked with the Secretary of State about the recent article in the newspaper which indicates that the Secretary of State sent notices that social service funding should not appear in the budget. The Secretary of State indicated that she did not say that. The current Newfane policy regarding social services was passed at the 1989 Town Meeting that states that Special Appropriations under $2,000 be included in the budget at the Selectmen’s discretion and that any request over $2,000 be by a separate article as well as new requests, which would require a separate article. Someone from the agency making the request for an appropriation should be there to speak
6. D. BUDGET PROCESS - SOCIAL SERVICES - (cont.)
to the article. Board members discussed spoke about the need for the social service report about the benefit to the town and the number of residents served. The requirement of whether or not a petition would be required to be put on the warning if a new request or if a substantial increase above the CPI is requested. There will be no change in the current policy as passed at Town Meeting of 1989.

7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
(1) Item #1 - The total amount of the damage for the August/September flooding is $19,717.89. FEMA will pay 75% of that to the town and the state will pay either 15% or 12.5%. These figures have been updated from those reported by the Road Foreman, in Item#1.

8. MINUTES - No action taken.

9. CORRESPONDENCE
A. Bruce Hesselbach, Chairman of the Conservation Commission, wrote to the Selectboard to let them know that the CC has applied for and received a grant in the amount of $1,200 to create a brochure. A policy will be developed for the town and associated committees to follow, that requires a grant application come before the Selectboard before it is applied for by any town associated entity.

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:
10/13/04 Payroll $ 3,108.67
10/16/04 Payroll $ 3,142.50
10/22/04 Acct.’s Payable #8 $ 46,124.86 Unanimous.

IRS Electronic Federal Payroll Tax Payments
10/13/04 $ 1,657.83
10/20/04 $ 955.10

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. Cotton and seconded by C. Chaffee to adjourn the Regular Meeting of the Board at 10:43 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 - 10/21/04

1. FEMA
The town received $25,476.78 with an additional $2,100.00 for Depot Road (TH#2) hill for the flood damage received from August 23, 2004 through September 23, 2004. This is a grand total of $27,576.78.
2. CULVERT WORK
Old Stage Road (TH#9) - Two culverts were replaced and one culvert was taken out because it affected a driveway entrance.
3. ROADS GRADED
Cushing Flats (TH#6), Grout Road (TH#19), Loop Road (TH#76), Sir Issac Newton Road (TH#7), Tobey Hill Road (TH#29) , Adams Hill Road (TH#27), Stratton Hill Road (TH#35), Hickey Road (TH#69), Holcomb Road (TH#50), and Newfane Hill Road (TH#20). These roads were scraped, raked and prepared for winter.
Jail Street (TH#56) has been graded and resurfaced with surepac.
4. EQUIPMENT
The 4900 Sander has been reconditioned. The chain and bearings were replaced. The backhoe, chipper and the 7400 dump truck have all been services and are ready for winter use.
The Ford F-550 is at Rountree Ford being repaired.
5. COMPUTER
Holden Consulting has installed Microcomputer Data Management System in our new computer for daily records and time sheets.
6. VT LOCAL ROADS
On October 12, 2004, the crew went to a Winter Roads Maintenance course in Dover. They came back with some useful information.
7. TREE AND BRUSH REMOVAL
Land owners on Old Stage Road (TH#9) and the corner of South Wardsboro Road (TH#1) and Eddy Road (TH#71), have been spoken to about removing brush and trees to improve visibility and to widen the road.

Kurt P. Bostrom, Road Foreman

To: Newfane Selectboard Memorandum
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: October 21, 2004

1. Kurt, Paul Gould, a representative from FEMA and I worked on the required reports for the flood damage which occurred in August/September of this year. The total amount of damage, including labor, equipment and materials, amounts to $19,717.89. FEMA pays the town 75% ($14,788) and the State pays either 15% or 12.5% depending on the state funds available.

2. The state will be doing the borings for Bridge #14 by the South Newfane Store this next week if all goes well with F. Lawrence and P. Lilienthal.

3. The window cleaning at the Town Office will be on Friday, October 22, weather permitting.

4. I am beginning to receive budget requests from Social Services for the FY 2006 budget. If there is to be a new policy on how request for the Social Services are to be handled, I will need to let them know now.

5. I will be asking departments to submit budget information for the second meeting in November. Hopefully I will be able to also include at least the quarterly expense information on the budget spread sheet.

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