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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
NOVEMBER 2nd, 2006
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Patricia Halloran, Joseph Mandell, Christopher Williams and Hendrik “Piet” van Loon.
Absent: Daniel DeWalt
Also Present: Edward Druke, Sr., Gary Katz, Rob Gunther-Mohr & Bruce Garrow of Newfane Elementary School, 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) C. Williams reported that with the heavy rains and winds over this past week-end, the Road Crew did a very good job of cutting trees out of the roads. No serious damage was done to the roads except to Depot Road (TH#2) that will be monitored.
(2) Lane Construction is scheduled to do the shoulder work on Grimes Hill Road (TH#5) and Loop Road (TH#76) tomorrow.
2. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #1 - T. Lawley indicated that during the recent high winds, the NewBrook Fire Department, South Newfane/Williamsville Fire Department and Ed Druke were a big help in helping to remove fallen trees from the roads throughout town.
(2) Item #7 - Board members discussed where the 25 MPH road markers should be painted if that is the way that the town wants to go. It was suggested that they be painted where the 25 MPH signs are. As far as the delineators, one of them is at the town garage and has not been put back out as it had been left out at night. Winter regulations will be gin on November 15th and the delineators will need to be removed. Also, there was discussion about the speed limit on Dover Road coming into South Newfane from Dover changing from 45 to 25 mph. No decision was made about the possible change from 45 mph to 35 mph to 25 mph. Other Board members will look at the area in question.
(3) Item #8 - The Board generally agreed with getting pagers for use be the Highway Crew members. The estimated cost would be between $33 to $44 per month. T. Lawley is gathering additional information about the actual cost and will report back to the Board.
(4) Item #10 - Request for Executive Session
11. EXECUTIVE SESSION
Motion was made by P. Halloran and seconded by J. Mandell to enter into Executive Session at 6:52 p.m. with Todd Lawley present to discuss a matter of personnel. Unanimous.
Motion was made by P. Halloran and seconded by J. Mandell to come out of Executive Session at 7:09 p.m. Unanimous.
Motion was made by P. Halloran and seconded by C. Williams to develop a letter to be sent to a member of the Road Crew. The Board has reviewed a matter brought to us by the Road Foreman relative to a member of the highway department. No further action will be taken at this time but the Board considers this to be a matter of grave importance. The Board will follow with a letter to the individual expressing their concern. Unanimous.
2. C. EXCESS WEIGHT PERMITS
Motion was made by C. Williams and seconded by J. Mandell to approve the request for an Excess Weight Permit for Samuel Garfield for the following:
3 axle truck @ 60,000#; 2 axle truck @ 24,000#; 2 axle truck @24,000# and 2 axle truck @ 10,000#. Unanimous. Mr. Garfield primarily hauls logs and firewood.
2. D. ACCESS/RIGHT OF WAY PERMITS - No action
3. SCHEDULED MEMBERS OF THE PUBLIC
A. OPENING OF BIDS - REAPPRAISAL
There was some discussion regarding the bid process. DAK had tried to obtain a list of approved appraiser from the state. No response from the first e-mail in early October to Terry Knight and the second E-mail did not go through as it was learned that the state changed the e-mail addresses. After some discussion, it was decided not to put off the process for another two weeks. Only one bid has been received. That bid will be opened later during the meeting.
3. B. BRUCE GARROW & ROB GUNTHER-MOHR
Both Bruce Garrow and Rob Gunther-Mohr spoke about the water system at the Newfane Elementary School. They have at times had to purchase bottled water due to the poor quality (high acidity level at times) of the water. In order to help resolve the problem, they would need to hold a Special School District Meeting, as part of the loan criteria, to secure the funds in order to apply for a “forgiveness” loan through a state program. An engineering study would be needed. The anticipated cost is expected in the $25,000 range, not to exceed $45,000. After the project is completed to the satisfaction of the State Environmental Conservation Bond Bank, the loan is forgiven. They would hope to have the meeting in December. The Selectboard does not anticipate the need for a town special meeting unless it would be to hold a special election for the appointed positions of Town Clerk and Selectboard member to serve until the March election. The Secretary of State will be contacted.
2. G. STRATTON HILL BRIDGE
No new information has been received regarding the repair/replacement ideas for the bridge. P. van Loon will contact John Anderson of AOT District #2 about possible structures funds.
2. H. OTHER ROAD BUSINESS
(1) Old Newfane Common - E. Druke reported that the Town Tree Warden, Bill Guenther, will not have to time to mark the trees to be considered for cutting until next year. This schedule will be okay. He also indicated that there may be a meeting of the committee Thanksgiving week to discuss the projects at the “old Newfane Common”. There are some invasive plants and brush around the front that needs to be cut.
5. OLD BUSINESS
A. DISCUSSION OF STATUS
(1) PERSONNEL POLICY - No action. Next special meeting on November 27th
(2) WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW - No action.
5. B. REVOLT & REPEAL

Selectboard members have reviewed the information received from VLCT and from the Repeal & Revolt effort. They also noted some of the recent articles that have been in the newspaper. Board members agreed that something needs to be done to correct the rising costs of the Act 60/Act
5. B. REVOLT & REPEAL - (cont.)
68 formula for education. Motion was made by J. Mandell and seconded by P. Halloran to have Chairman van Loon draft a letter concerning the position of the Selectboard on the matter for the Board’s consideration at the November 16th meeting. Unanimous.
5. C. UPDATE - VT EMERGENCY MANAGEMENT FORMS
The status of the update of the Emergency Management Forms will be discussed at the meeting of November 16th.
5. D. OTHER OLD BUSINESS
(1) The chairman has received the signed receipt which indicates that the property owners, LaFlamme/Van Dyke, have received the letter and ticket for the violation of the “junk” trailer on South Wardsboro Road (TH#1). They need to respond within a certain number of days before the next step in the process begins.
(2) P. van Loon suggested that the Board begin thinking about making improvements to the attic/storage area. The town will have to request a waiver from the Department of Labor & Industry for a handicap access.
3. A. OPENING OF BIDS - REAPPRAISAL
The following bid was received from New England Municipal Consultants, Ltd. for a Town-Wide Reappraisal:
Phase 1 (1) Pilot Program - Study data quality under the guidelines set by PVR.
(Critical Phase) Cost - $3,500
Phase 2 (2) Statistical Update
(3) Informal Appeals
(4) Formal Appeals - Grievance and BCA Cost - $30,300
Second phase to begin March 2007 and be substantially completed by June 1, 2007. Items remaining after that time are formal grievance and BCA Hearings.
Motion was made by P. Halloran and seconded by J. Mandell to accept the proposal as submitted by New England Municipal Consultants, Ltd., for the amount of $3,500 for Phase 1 and $30,300 for Phase 2. Unanimous. At the recent town meeting it was approved to use an amount not to exceed $50,000 from the Reappraisal Fund for a town wide update of values for all real property in Newfane. The fund currently has $55,196. The state has issued an order to have the town update the values as the current CLA is at 77.61% and the COD is at 20.61%. The state requires a CLA of not less than 80% and a COD of not more than 20%. The basic results of the reappraisal will be higher property values with a lower tax rate.
6. NEW BUSINESS
A. APPOINTMENTS - No action on (1) through (5) was taken.
(6) HEALTH OFFICER
Motion was made by J. Mandell and seconded by C. Williams to recommend to the Vermont Department of Health that Dr. Timothy Shafer be appointed to serve as the Newfane Health Officer for a period of three years beginning on December 1, 2006. Unanimous. Chairman van Loon will sign the required form on behalf of the town.
6. B. SEPTEMBER FINANCIAL REPORTS
The September financial information was reviewed by the Board. DAK pointed out a few items that Maureen will be correcting. The income and expenses to date are both about 25% which would be right for the first quarter. P. van Loon noted that someone from NEMRC will be in for training the Town Treasurer on the General Ledger program for half days on Monday and Wednesday (11/06 and 11/08).
2. F. CULHANE CORNER UPDATE
Richard Perra, attorney for the town, forwarded to the Selectboard through via e-mail the recent correspondence and proposed changes from Thomas Costello, attorney for the Culhane’s. The Board reviewed the documents. The Selectboard does not agree with the proposed suggested changes. Mr. Perra will be notified of their decision. Chairman van Loon will contact the potential contractors regarding the timing and feasibility of the project.
7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Item #2 - For the upcoming budget meeting, it was suggested that line items be reviewed with the idea of combining some expenses, rather than having separate budget items for each of the small pieces of equipment, for instance, combining the brush cutter and chain saws under one item. It would be easier for the Road Foreman and the Town Treasurer when coding the expenses.
B. The Village of Newfane recently held a meeting and it was rumored that they will be enacting an ordinance to deal with speed enforcement in the village area.
C. Question was brought up about installing “whipsticks” along West Street (TH#1) to mark the granite curbing along the sidewalk.
D. DAK asked about the possibility of having temporary part-time assistance and what rate to offer. It would be the same as the assistant for the TC and the TT ($8.00/hr.)
8. MINUTES
Minutes 10/19/06 - Motion was made by P. Halloran and seconded by C. Williams to approve the minutes of the Regular Meeting of 10/19/06 as written. Unanimous.
Minutes 10/26/06 - Correction: 3. B. Change form to from. Motion was made by C. Williams and seconded by P. Halloran to approve the minutes of the Special Meeting of 10/26/06 as corrected. Unanimous.
9. CORRESPONDENCE
A. The Board received a note from Nissa Petrak thanking them on behalf of the Council on Aging for the use of the Williamsville Hall for the monthly senior meal. It was reported by J. Mandell that for the upcoming months, while the hall is closed, the senior meal will be held in West Dummerston.
B. The town has received a notice from VLCT Unemployment Insurance regarding a claim filed by a former employee. Chairman van Loon will write a response.
C. Appropriation request has been received from The Gathering Place for the amount of $400 same as FY 2006.
D. Notification has been received from ANR regarding an amendment to a prior permit filed by Michael & Patricia Adrian.
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:
10/25/06 Payroll $ 3,107.52
11/01/06 Payroll $ 3,288.51
11/03/06 Payroll $ 2,586.67
11/03/06 AP Warrant #9 $ 621,076.58 Unanimous.
(AP Warrant #8B was approved and included at the meeting of 10/19/06 for the amount of $1,800.00 to be paid to Pam Goulet for the first third of the bid to paint the exterior of the Town Office.)
IRS Electronic Federal Payroll Tax Payments
10/26/06 - 11/01/06 $ 1,050.99
10/31/06 - 11/08/06 $ 1,122.65
Board members discussed the note on the Pay Orders from the Town Treasurer regarding the partial payment to Leland & Gray and the balance in the general account. The expenses will be reviewed. It is anticipated that there have been some large expenditures for equipment which has caused a shortage of funds. A loan has been applied for through the state.
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 9:45 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
November 2, 2006

1. Roads: Once again the roads held very well with all the rain we had. There are a lot of roads that need grading because of all the pot holes from all the recent rain. The crew spent half the day Friday going around cleaning culverts before the rain and it saved a lot of problems. Kenny and I worked most of the day Saturday checking and cleaning culverts and ditches where the leaves had plugged the ditches and culvert. I called the crew in Sunday to help cut up the trees that had fallen all over town. NBFD and SNWFD helped a lot, all day with saws and man power. The shoulder and ditch work has been done on Dover Road (TH#2) and Jack Hill. Ditch work has also been done on the upper section of Penner Road (TH#31) and the ditch has been stone lined. We are currently grading roads as the weather permits.
2. Equipment: The sanders and plow frames have all been put on and the trucks that needed tires have had the tires put on. The one-ton sander needs to have two hydraulic motors. I did get a price from Tenco to have it done and it was going to be $1,100. I think we can do it at the shop ourselves for a lot less than that.
3. Depot Hill: After the rain last weekend I noticed another spot that appears to be falling a little bit. Piet and I looked at it Monday and I have taken pictures and I called John Alexander as well. He will be looking at it sometime soon. I think all we can do is watch it and see what happens.
4. Line Striping: Line striping is done now and looks good.
5. Crack Sealing: NiCom will be here the end of this week to finish up the crack sealing.
6. Lane Construction: Lane Construction is going to be here Friday to finish the shoulder work on the new blacktop. (TH#5 & TH#)
7. 25 MPH: I talked to David at Vernon Highway about painting the 25 mph signs on the black top and he said that they would donate their time and equipment to help out Newfane. All we have to do is buy the paint ($51.00) per five gallon pail) and either borrow a stencil from maybe Brattleboro Highway department or buy a stencil (approx. $81.00). It’s probably too late for this year because of the cold weather and we (the Selectboard and the Traffic Calming Committee) need to decide where and how many signs need to be done.
8. The road crew has asked about the possibility of having pagers so when we need them for storms that I could page them and they wouldn’t have to stay home waiting for a phone call. It makes sense to me as long as they use them. I already have one with West River Transportation so I don’t need one.
9. I will not be here on Friday as I have to take my son to Bennington. Dick will take care of the work and I have gone over the shoulder work with him.
10. I would like to meet with the Board in Executive Session in regards to a personnel problem. If not tonight, at the next meeting.

Thank you,

Todd Lawley
Road Foreman


To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: November 2, 2006

1. You have received the September Financial information for your review.

2. I have prepared for you the preliminary budget sheets for the November 14th budget meeting. Included are the Capital, Revenue and Expense sheets. Memo’s have been given to the various departments asking for budget proposals.

3. This afternoon, I received two documents from Rich Perra regarding the Culhane matter. Copies are in your folders.

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