MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
NOVEMBER 7th, 2002
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Richard Marek, Jesse Anderson, Lynn Bedell, Gary Katz and Piet van Loon.
Also Present: Paula Sagerman, Shirley Schommer, Bill Schommer, Fred Bacon, Lt. William Pettengill of the Vermont State Police, Sgt. Rick Hopkins of the VSP, Trooper Todd Ambroz of the VSP, James Gray as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Richard Marek at 7:03 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. HISTORIC VILLAGES PUBLIC INFORMATIONAL MEETING - P. SAGERMAN and
B. CONTRACT - HISTORIC VILLAGES - P. SAGERMAN
The contract with Paula Sagerman for the nomination of Williamsville and South Newfane Villages is for $8,500. The original grant request was for $10,000 and included Brookside village. The amount of the grant received is for $7,500. There was much discussion as to where the extra $1,000 would come from. Primarily it was felt that the funds could be raised privately and the extra $1,000 should not come from the current already strapped budget. There is a Pot Luck to be held at the Williamsville Hall on Sunday, November 10th at which time R. Marek and P. Sagerman will be there to discuss the matter of raising the extra $1,000 and to maybe get some volunteers to research the chain of title for the approximately 60 buildings. It takes about 2 hours per building. There was also the thought that interns may be available for this special project. Some felt that it would be beneficial to push for community involvement.
Motion was made by L. Bedell and seconded by G. Katz to have the Board sign the contact with Paula Sagerman for the nomination of Williamsville and South Newfane as Historic Villages in the amount of $8,500 with the understanding that the extra $1,000 will be raised or will be put into the FY 2004 budget. Discussion: Some felt that it is a worth while project but not a necessary project and funds shouldn’t be taken from necessary town projects. The town is restricted to the commitment of $7,500 for the project. Others felt that the project is beneficial and the town shouldn’t let this grant slip through our grasp for the lack of $1,000.
Vote on the motion: In favor: J. Anderson and L. Bedell. Opposed: G. Katz, R. Marek and P. van Loon. Motion fails.
Motion was made by P. van Loon and seconded by R. Marek to sign the contract with Paula Sagerman for the nomination of Williamsville and South Newfane as Historic Villages in the amount of $7,500, $4,500 for Williamsville and $3,000 for South Newfane. In favor: R. Marek, L. Bedell, G. Katz and P van Loon. Opposed: J. Anderson. Motion passes. The town will be committed to raise the other $1,000. With the reduction in the contract, P. Sagerman would like to received ½ of the contract price. The Board will discuss the matter further on the Special Meeting of Nov. 14th.

C. FRED BACON - WILLIAMSVILLE HALL STEPS
Fred Bacon came to the Board to discuss the need to have the walkway and the steps replaced at the Williamsville Hall. The steps are a hazard. The town has received a grant from Historic Preservation in the amount of $2,500 for the steps. A draft Request For Proposal has been prepared. The RFP has to be approved by Historic Preservation. Motion was made by P. van Loon and seconded by L Bedell to get the bid out after the approval from Historic Preservation. Discussion: There is a question as to the deadline for the work to be done for the grant. This will be verified with Historic Preservation. P. van Loon suggested that until such time as the steps are replaced, that the town have a contractor place a wooden overlay over the current steps. There was also the question about an extension, depending on the grant requirements, to have the steps done after the winter season. There was a motion made by R. Marek and seconded by J. Anderson to table the motion on the floor until later during the meeting. In favor: R. Marek, J. Anderson, L. Bedell and G. Katz. Opposed: P van Loon. Motion to table carries. It was mentioned that there are other items that need to be done at the hall.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Lt. William Pettengill, Sgt. Rick Hopkins and Trooper Todd Ambroz of the Vermont State Police were present to speak with the Board about law enforcement on VT Route 30 through Newfane. The town has approved a budget of $3,500 for FY 2003. Lt. Pettengill indicated that the Brattleboro VSP staffing is low, but they are looking for these types of smaller projects to be involved in. The project would need approval from the VSP field force. The cost per hour, set by headquarters, is at $37.17 per hour. Sgt. Hopkins and Trp. Ambroz will be working on the project. The VSP have new laser devices to work with. When they stop someone, they look beyond traffic stops for other law infractions. They can also deal with overweight truck violations. The Board is interested in having the VSP be a sustained program with tickets to be written on the town ordinances. Lt. Pettengill provided a sample contract for the Board to review.
B. Shirley Schommer, resident and business owner in Newfane, presented a petition signed by 200 people from Newfane and surrounding communities asking that the posted speed limits in Newfane be strictly enforced, in particular the speeding logging trucks. The petition was spurred by the untimely death of Richard Hall which occurred while crossing the Route 30. The current speed limit on VT Route 30 through the village is 35 mph. A letter has been written asking that the speed limit be lowered to 30 mph along with the other villages along the Route 30 corridor. A copy of the petition was given to Lt. Pettengill. Enforcement an alternative signs may help with the problem. Lt. Pettengill indicated that there has been a change since last year and people are driving faster. He also indicated that with the new administration, the manpower for the Vermont State Police will be improved.

C. Trooper Todd Ambroz was present to talk with the Board about a lighted cross walk being installed in the village area. He reenacted the recent accident involving R. Hall and indicated that there was very poor lighting in the area. There are some street lights. With regards to the VT Route 30 Corridor study, sponsored by Windham Regional Commission, an engineer’s study was done in the villages along VT Route 30. P. van Loon will check with Steve Ovendon of WRC about any information and engineer’s studies that may have been gathered regarding the Newfane village area. Trp. T. Ambroz indicated that he thought the reduction in speed of 30 mph through the villages along Route 30 will be a good idea.

4. ROAD BUSINESS
4. A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #1 - The three bridges (BR#41, BR#42 & CB#17) have been repaired by Daniels Construction. J. Gray has some question about the billing on the covered bridge that he will be in touch with Daniels about the overages.
(2) Item #3 - One of the Access Permits reviewed has a very difficult area to for an access. Discussion ensued regarding the need for sub-division regulations which would require adequate access per lot before a sub-division permit is granted. There would not be much effect on a single lot, especially one that is pre-existing. Marginal lots are being developed. Sub-division regulations are developed by the Planning Commission. Some of the BOS members will attend the next Planning Commission meeting to discuss the matter. The PC is currently working on the amendments to the Zoning Bylaw and will soon have to work on the update of the Town Plan.
(3) Item #4 - J. Anderson and J. Gray have received a preliminary plan from Tim Robinson of Central Vermont Public Service regarding the installation of poles along Stratton Hill Road (TH#35). Bill Guenther has been contacted by J. Gray to see how the trimming of the trees will be affected. A copy of the plans will be sent to W. Guenther.

4. B. ROAD FOREMAN’S REPORT - (See attached report)
No times required any action by the Board.

4. C. EXCESS WEIGHT PERMITS
No excess weight limit permits were presented to the Board for action.
4. D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way Permits were submitted that required any action by the Board.
4. E. OTHER ROAD BUSINESS
(1) J. Gray indicated that J. Gray, P. Jones and F. Jutras attended a Hazardous Materials seminar recently. It was very informative.
(2) A letter has been received from Birchard DeWitt, and signed by other property owners, regarding a drainage problem on the private DeWitt Road off of Cemetery Hill Road which is alledged to be caused by a rock lined channel. The DeWitt Road does have an 8-inch culvert about 100 feet from Cemetery Road (TH#16). Discussion: The town is not responsible for drainage on a private road. The stone culvert mentioned actually slows the flow of water. The minimum culvert size used in the community for drainage is 15". A letter will be written to let the property owners know that the drainage problem in question is not the responsibility of the town.
(3) Winter regulations need to be posted. D. Knechtel will take care of the notice and the posting. A notice will also be sent to the WCSD.
(4) G. Katz, attend a meeting sponsored by Vermont Local Road, regarding the taking of a road inventory that should be done on all roads and bridges within Newfane. Signs and culverts should be included within the inventory. If the town has the inventory, then the town would be responsible for a lesser amount of town project monies, froom 20% down to 10%. VT Local Roads, District #2 VAOT and WRC will be contacted about any computer programs that they may have to assist with this inventory.

5. A. GOALS AND OBJECTIVES - LIST
The Board members reviewed the Goals and Objectives list to review the status of the items on the list. Some of the items have been completed, some are in the works and others need to be started. For the town office building, there needs to be meeting with the office employees to see about rearranging and cleaning up the upstairs storage area. P. van Loon will contact D. Cotton regarding a plan for the roof over the handicap access door at the Williamsville Hall. It was suggested that the funds for the Newfane Village sidewalk project be transferred to the Capital Fund. L. Bedell will circulate the recommended changes to the Personnel Policy. VLCT has been contacted about an updated personnel policy. The most recent model policy from VLCT is from 1995. There was some discussion of the current Smoking Policy in reference to the town vehicles. J. Anderson will check with Roger Whitcomb of VAOT on the status of the restoration of the Williamsville Covered Bridge. Items completed: The new truck has been received; the Cell Tower Bylaw is completed, the Wiswall Hill Road Bridge (BR#43) has been repaired; the reappraisal has been completed; the Kauffield/Williams property hazard mitigation has been completed; and some of the informal meetings gave been accomplished. Items in the works: replacement of the steps and walkway at the Williamsville Hall; replacement of Bruce Brook Road Bridge (BR#32) to begin June 1, 2003; and Williamsville and South Newfane Historic District designations. The Goals and Objectives list will be reviewed again.

5. B. DOG ORDINANCE - PROPOSED AMENDMENTS
Copies of the recommended changes to the current draft Dog Ordinance from L. Bedell, G. Katz and P. van Loon were received by the Board. The changes recommended by P. van Loon were reviewed first. G. Katz’s changes were looking more to changing to an Animal Control Ordinance. After review, discussion and further changes, motion was made by J. Anderson and seconded by G. Katz to approve the Newfane Dog Ordinance as amended. Unanimous. The Board members will sign the amended document at their meeting of November 14th.
5. C. OTHER OLD BUSINESS
(1) The Board members discussed the dates for the original charter of Fane issued in 1753 by the then Governor Wentworth of New Hampshire. In 1761 the charter was returned to Gov. Wentworth and a new one was issued to Luke Brown. In May of 1772, the governor of New York made a grant of this township by the name of Newfane. The township was duly organized on May 17, 1774 when the first Town Meeting was held. This information was contained in the Historical Sketch of the First Congregational Church of Newfane.
(2) It was reported that Roger Sparks has removed two of the four vehicles that were to be removed by October 31st. He is prepared to remove the others plus a trailer. Other people have promised to take some of the items in question, but have not done so. Some members felt that some progress has been made, others felt that the ordinance should be enforced and fines issued. P. van Loon reminded the Board that an amendment should be made to the Junk and Junk Vehicle ordinance to allow for waiver fees. Motion was made by L. Bedell and seconded by G. Katz to have the Windham County Sheriffs Department issue tickes for violation of the Newfane Junk and Junk Vehicle Ordinance to R. Sparks and and M. LaFlamme/E/Van Dyke. In favor: R. Marek, J. Anderson, L. Bedell, and G. Katz. Opposed: P. van Loon. Motion passes.
(3) Information has been received via the School Board regarding Patricia Veach O’Dell. Primarily the matter concerns the school but there are other zoning issues regarding the town. P. van Loon sent three letters of vilation to P. O’Dell and they were all refused and returned. According to the information received, a church group may be assisting O’Dell with some clean up.
(4) Information from the traffic counter on Sears Road (TH#44) will be available for the special meeting of November 14th.

6. NEW BUSINESS
A. APPOINTMENTS
(4) COUNCIL ON AGING
Motion was made by L. Bedell and seconded by R. Marek to appoint Thanice Petrak to serve as the representative for the town to the Council on Aging Southeastern Vermont. Unanimous. A letter will be sent to T. Petrak regarding her appointment. Barbara Kinoy will be sent a letter thanking her for her years of service to the town as a representative on the Council on Aging.
B. FINANCIAL INFORMATION /PROPOSED BUDGET FOR FY 2004
The Board members were given the financial information with summary reports for the July, August and September 2002 for the capital, revenues and expenses of the town. The Board also received a comparative spread sheet for both the revenues and the expenses to be used during the budget process which will begin on November 21st. The department heads will be asked to submit budget requests. Appropriation budget requests have been coming in weekly. The Capital Budget will also be reviewed. It was noted that the draft professional audit has not yet been received from the CPA. He will be contacted.

7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Item #2 - Wayne Hoague has been told by the Constable to relay any dog complaints that he may have to the Windham County Sheriff’s Department.
B. Item #3 - The Board is interested in learning more about the student Work Program from Leland and Gray. A student may not be available until the next school year. The student is available for a period of two hours a day throughout the school year at no cost to the town. The Community Service workers program was also mentioned by L. Bedell for possible projects, as these workers are not available on a consistent basis.
C. Item #6 - G. Katz asked to have Wm. Krajeski explain to the Listers how to do the upkeep of the current reappriasal through the new system.

10. CORRESPONDENCE
A. Amendment of Memorandum of Understanding - FEMA-DR-1336-VT - Motion was made by P. van Loon and seconded by R. Marek to have the Chairman R. Marek sign the Amendment to the Memorandum of Understanding which extends the Period of Performance to end no later than October 1, 2003. Unanimous. The request for the extension was made by the town in order for Bridge #32 on Bruce Brook Road to be completed by Bazin Brothers Inc.
B. Current Expense Note - Motion was made by P. van Loon and seconded by G. Katz to rol-over the expense note with Chittenden Bank in the amount of $35,000 for a period of sixty-days until January 15th, 2003. Unanimous. The town is anticipating the monies from the South Wardsboro Road (TH#1) Flood Audit to be returned soon. The final audit report was sent on October 4th, 2002.
C. West River Acres, Inc. - Correspondence has been received from Attorney T. O’Connor, Jr. asking that the town respond to Act 250 regarding the filing of a Petition to Limit the Boundaries of the West River Acres, Inc. The Board has not taken a position in the past on this issue and they will not do so at this time. Correspondence was also received from the District 2 Environmental Commission regarding the petition and that parties have until November 8th to respond to the Applicant’s filing.
D. The Windham County Sheriff’s Department report from 09/29/02 - 10/12/02 has been received for the Board to review. The monthly statistic reports have not been received for a while.
E. A Water Supply/Water Disposal Permit has been received by Robert Bursky for Kindle Farm Children’s Service consisting of the increase in design flows to 80 students/staff with a new septic system and existing well for the existing school.
F. The October 2002 VLCT News has been received.
G. The most recent minutes have been received from the meetings of the Village Enhancement Committee (October 24) and the Conservation Commission (October 10).

8. MINUTES
The minutes of 05/16/02, and 06/20/02 have not been completed for this meeting. Motion was made by J. Anderson and seconded by Gary Katz to approve the minutes of the Regular Meeting of 10/17/02, as written. Unanimous.

9. PAY ORDERS
Motion was made by G. Katz and seconded by P. van Loon to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
10/19/02 Payroll $ 3,025.37
10/26/02 Payroll $ 3,346.56
11/02/02 Payroll $ 3,398.50
11/01/02 Payroll $ 3,236.70
11/08/02 Acct’s Payable #10 $ 369,736.26 Unanimous.

IRS Electronic Federal Payroll Tax Payments
10/23/02 $ 943.28
10/30/02 $ 951.56
11/06/02 $ 1,118.74