MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
NOVEMBER 6th, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and Chris Williams.
Also Present: Bruce Garrow, Principal, Johanna Gardner & Robert Gunther-Mohr, Newfane Elementary School Representative; Emily Long and Robin Maguire, Leland & Gray Representatives; Richard Marek, VT House Representative; Earle W. Morse, Jr. and Mark Morse of The Original Newfane Flea Market; Edward Druke, 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 6:32 p.m.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Earle W. Morse, Jr. and Mark Morse were present to submit the Act 250 permit application for The Original Flea Market to the Selectboard. They have submitted their application to the Newfane Planning Commission and to Windham Regional Commission. The proposed project consists of the building of two storage/locker units, one 20' X 300' and one 24' X 75'. Chairman, Piet van Loon signed the Schedule F to indicate that the town received the application.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. COMBINED MEETING WITH ELEMENTARY SCHOOL DIRECTORS AND LELAND & GRAY NEWFANE REPRESENTATIVES
The Selectboard invited the representatives of the school boards to the meeting to discuss various topics which may effect the town and the schools. The ensuing discussion centered around the changes in the property tax structure under the new Act 68 law. The properties on the Grant List will be categorized as either Homestead or non-homestead. Taxpayers will be asked by April 15th of each year to complete a Declaration of Homestead form for the state. The information will then be forwarded to the towns. The non-homestead effective rate is to be $1.59 per hundred for the education tax. Principal Bruce Garrow spoke with Brad James of the Tax Department to determine the preliminary homestead tax implications for Newfane. The effective rate for the homestead is $1.10 as adjusted by district spending. The estimate for Newfane’s equalized homestead tax rate of $1.558. The base education rate per pupil is $6,800, with Newfane spending $9,454. The excess spending threshold is $10,800, for every dollar above that amount, two dollars is to be raised. When asked what was going to make up the difference between the current $1.98 for the schools and the $1.59/$1.558 Representative Marek indicated that the money is coming from the $0.01 increase in the sales tax. R. Marek voted in favor of the bill a it appears to have a positive impact on Newfane.
School Board members expressed concern about the unplanned cost of Special Education and the lack of control over when the school will be assessed. The Federal government is supposed to pay 40% (law passed in 1976) of the Special Education assessments but they may be up to only 13%. The burden of the difference in the costs lies with the state and the taxpayers.

There was discussion about the student/teacher ratio in Vermont which is one of the lowest in the nation at 12/1. The average is reported to be 17/1. B. Garrow indicated that the student population at the elementary school is projected to rise from 123 to 129. It is believed that there is a move to combine some of the small schools for a better economy of scales. There has also been some discussion regarding the consolidation of supervisory unions. Some of those present also spoke of the need to offer advanced classes to the students, often with only 5 students for a class and the other side of the situation which causes severe fiscal restraints. E. Druke indicated the importance of the extracurricular activities offered to the students. The process and costs associated with the teachers contracts was also discussed.
R. Marek was asked about the cost for the administration of Act 60 and Act 68. He was unable to come up with that figure, but will look into it.
The school representatives present thanked the Board for inviting them to the meeting for this discussion. It was suggested that the Selectboard attend a school board meeting in the future. Also, anyone is always welcome at the schools to observe the educational activities.

3. UNSCHEDULED MEMBERS OF THE PUBLIC - (cont.)
B. E. Druke spoke of the recent meeting of the Village Enhancement Committee which originally was not held because of it had not been warned. P. Cotton attended the VEC as a representative of the Traffic Calming Committee. VEC will be meeting in the near future to install a “Welcome” sign coming into South Newfane Village and traveling in an easterly direction.

4. OLD BUSINESS
A. PERSONNEL POLICY
The Selectboard would like to share the draft Personnel Policy with the employees who are affected by the policy sometime during working hours. Copies will be distributed to each employee to review before the meeting. The Board set a tentative date of Friday, November 14th at 12:30 p.m. at the Town Office. J. Gray will be contacted to determine if that date and time is good for the highway crew.

B. ACCESS/RIGHT OF WAY POLICY
It was suggested that there be a section added to the proposed Access Policy to deal with “working within the Town Highway right of way. The current application has a section to be completed for either an access permit or a permit to work within the town highway right of way. The statute (19 VSA § 1111) indicates that a permit is required for any work done in the right of way.

C. DOG ORDINANCE REVIEW
G. Baldwin and P. Cotton have reviewed the Newfane Dog Ordinance. G. Baldwin indicated that is seems like the town Dog Ordinance is more like the rules of owning a dog. The state statutes dealing with Dog Control does include a process for the investigation of “vicious” domestic pets, which the Board used recently in dealing with a Vicious Dog complaint. There is a definition in the town ordinance for a “vicious” dog but not in the statute. It was suggested that the Newfane Dog Ordinance be modified to incorporate the areas of the statute that would assist the Board should any future dog complaints arise. During the last incident, the Board was using both documents.

6. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached)
(1) Item#3 - With the installation of the temporary bridge, the easterly access from River Road (TH#15) is steep and sharp. P. van Loon spoke to the resident engineer for the project about and he indicated that it is to be paved. Motion was made by G. Katz and seconded by C. Williams to recommend that the section road in question, easterly section of River Road (TH#15) access to Radway Hill Road (TH#4), be closed for the duration of the construction project. Unanimous.
(2) Item #2 - Motion was made by G. Katz and seconded by G. Baldwin to post the Winter Regulations. Unanimous. Winter Regulations, from 11/15/03 to 5/01/04, relates to vehicles being parked so as to interfere with snow plowing will be towed, plowing snow onto or across a Town Highway is prohibited, and snowmobiles and all-terrain vehicles shall not be operated on any plowed Town Highway.
(3) Item #4 - A letter was received from Henry Pinckney asking the town to plow a portion of the Eager Trail. Motion was made by G. Katz and seconded by G. Baldwin to have a letter written to H. Pinckney to indicate that the town is not responsible for maintaining town trails. Unanimous.
6. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #4 - The culvert on Dover Road (TH#2) which was plugged by the beavers, will need to be replaced in the future. A hydraulic study will be done by VT State Highway this winter.
(2) Item #6. B. - The railing on Bridge #15 (Monroe Bridge) is being replaced by Renaud Brothers. The “old” railing does not meet standards.
(3) Item #7. C. - Two mobile radios will need to be purchased. Parts are not available for the current “old” radios.
6. C. EXCESS WEIGHT PERMITS
No Excess Weight permits were submitted to the Board foe action.
6. D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way permits were submitted to the Board for action.

6. G. OTHER ROAD BUSINESS
(1) E. Druke brought up a culvert and manhole situation that needs to be looked at on Newfane Hill Road (TH#20). The RC and the RF will look at the problem on Wednesday.
(2) P. van Loon has prepared a draft agreement between Clive LaRose, Harland Van Ness, Marilyn Van Ness and the Town regarding drainage on Jones Hill Road (TH#52). On Saturday, (11/01) P. van Loon and C. Williams met at the site with Van Ness to discuss the situation. Board members reviewed the document. The plugged culvert will be cleaned out by the Town in the near future. There were two versions to item #4. Board members agreed to the more detailed version. Motion was made by G. Katz and seconded by G. Baldwin to approve of version #2 of the agreement between the town, Clive LaRose and Harland & Marilyn Van Ness involving drainage on Jones Hill Road (TH#52) and to have P. van Loon deliver the document for signatures as soon as possible. Unanimous.
6. E. ENGINEER - SOUTH WARDSBORO ROAD (TH#1) PROJECT
The Board has not hear back from Matt Beck, Engineer, as to his progress.
6. F. DECISION ON BANDRAIL BIDS
The bids received were reviewed. The recommendation was for new beams and post for project #1 (Dover Road (TH#2) and for the rest to be used beams and posts. The budgeted amount is $12,000 for guard rail and signs. Motion was made by G. Baldwin and seconded by P. Cotton to award the bid for band rail installation to F.R. Lafayette, Inc. for a total of $11,901.00 as per the bid specifications, including both new and used beams. Unanimous.

6. G. OTHER ROAD BUSINESS - (cont.)
(4) The roof on the old town garage needs to be repaired. The chimney should be taken down as there is no longer any use for it. The foundation on the northeast corner need to be looked at. The town will have a contractor look at the building to give the town a price on the needed repairs. The building is currently being used for storage of highway items.
(5) J. Gray announced that he will be retiring from his position as Road Foreman for the Town at the end of the month. Board members discussed various options to be taken until such time as a replacement is found. The Board reviewed the current job description and discussed what information should be included in an advertisement for the position.
(6) On behalf of the Board and the property owners in Newfane, Piet van Loon thanked Jim for his many years of service as a Road Foreman and as a Selectboard member. He began with the highway department in May of 1977. His knowledge of the highways in Newfane will be irreplaceable.
(7) J. Gray reported that someone is dumping garbage just off of Adams Hill Road (TH#27). The Windham County Sheriff’s Department should be notified. Fines can be levied for those who are responsible for the dumping.
(8) P. Cotton reported that she attended the recent Village Enhancement Committee meeting. The sign entering South Newfane Village from the Dover side is to be installed on Saturday. She reported to the VEC that the Traffic Calming Committee is concentrating on enforcement by the WCSD and the VSP at this time, as a traffic calming measure.
(9) P. van Loon suggested that there be a discussion at the meeting of November 20th regarding the petition and enforcement on the South Wardsboro Road (TH#1).

5. NEW BUSINESS
A. APPOINTMENTS
(1) HEALTH OFFICER
The Health Officer’s term of office will expire on November 30, 2003. The VT Department of Health has asked for a recommendation from the Board. Motion was made by C. Williams and seconded by P. Cotton to recommend to the VDH the re-appointment of Dr. Timothy P. Shafer to serve as the Health Officer for the Town of Newfane for a three year term. Unanimous. The VDH form was signed by Chairman H.W. van Loon on behalf of the Board.

5. B. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
It was suggested that the Board invite Representative Richard Marek be invited to the meeting of November 20th and that the Planning Commission be invited to the meeting of December 4th.

5. C. FINANCIALS - JULY & AUGUST 2003
The Financial information has not yet been received. John Mudgett, CPA, was contacted regarding the status of the audit for FY 2003. The Board will be working on budgets soon. P. Van Loon suggested that Board members make a list of items to consider for the budget.

5. D. OTHER NEW BUSINESS
(1) The Board has received word that a member of the Planning Commission would like to resign for the position as soon as a replacement can be found. There are also two members with terms expiring in March of 2004 who may not be interested in continuing to serve. The Selectboard would like to invite the Planning Commission to the meeting of December 4th to have them report on the progress of the updating of the Town Plan and other matters.
(2) A reminder to the Board of the ZBA hearing on the recreational trail parking request for a permanent variance to allow the parking to remain in its present location. P. Van Loon will be present to argue against the granting of the variance. He believes that there could be another location to the eastern portion of the property by means of a large culvert placed in the wetlands area.

7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Item #3 - It was reported that the estimated cost for the repairs to the furnace would be in the neighborhood of $1,000.

8. MINUTES
Motion was made by P. Cotton and seconded by G. Baldwin to approve the minutes of October 16, 2003, as written. Unanimous.
Motion was made by P. Cotton and seconded by G. Baldwin to approve the minutes of the Special Meeting of October 21, 2003, as written. Unanimous.

9. CORRESPONDENCE
A. A memo has been received from VLCT regarding Local Option Taxes for municipalities. This relates to sales tax and room and meals tax. Board members have questions about the revenue opportunity. Representative R. Marek will be asked about the concept and what it would mean for Newfane.
B. A copy of a letter from the District #2 Environmental Commission to E.W. Morse, Jr. regarding additional information needed for hi Act 250 application for The Original Newfane Flea Market, Inc. Proposal to build locker/storage units. There was also a letter from the Newfane Planning Commission requesting additional information for his town zoning site plan.
C. Received information on the Bridge Load Ratings requested from VTrans for bridges along the South Wardsboro Road (TH#1). The information was forwarded to the attorney for Eagle River Mining.
D. A letter of thanks has been received from Jonathan and Lucretia Wells for the cleaning of a road ditch on Newfane Hill Road (TH#20) near their residence.
E. A copy of the recess memo to Eagle River Mining, Inc. from District #2 Environmental Commission has been received. The memo included a list of additional information to be supplied by the applicant, Eagle River.
F. Information has been received which indicates that the Environmental Court Appeal of Chandler has been dismissed the case as moot. Mr. Chandler was issued a permit. The Superior Court case regarding Chandler and the Town is still pending.

10. PAY ORDERS
Motion was made by P. Cotton and seconded by G. Baldwin to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
10/18/03 Payroll $ 3,094.56
10/25/03 Payroll $ 2,827.22
11/01/03 Payroll $ 2,857.51
11/02/03 Payroll $ 3,084.76
11/07/03 Acct.’s Payable #10 $ 367,660.39 Unanimous.
IRS Electronic Federal Payroll Tax Payments
10/22/03 $ 961.07
10/29/03 $ 1,015.22
11/05/03 $ 895.29

12. ADJOURNMENT
Motion was made by G. Katz and seconded by C. Williams 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 COMMISSIONER’S REPORT - 11/06/03

1. Weather
Lots of the roads have been worked on due to the rain and culverts being clogged by leaves - or beavers! The work will continue as rain, soggy conditions, and eventually snow allowed. The upper part of Newfane Hill Road (TH#20) and several others need work.
2. Winter Road Notice
We need to publish and post the winter road notices soon. Most of the equipment has been converted for winter use.
3. Brookline Bridge
The temporary bridge is in. Work on refurbishing the existing bridge should begin soon.
4. Henry Pinckney Letter
Mr. Pinckney has requested that the Town plow the Class 4 road/rail to his driveway. Jim and I looked at it. The topography and condition of the trail would make it hazardous to plow. Also, I continue to believe that is it not a good idea to accept any additional Town responsibility for roads we legally do not maintain so we don’t inadvertently create any problematic precedents. (In fact, Jim and I still plan to do a review of roads we currently maintain that we might consider giving up.)
5. Follow-up Items
a. Jim reports that the crew has taken care of the improvements referred to in the last paragraph of Bud Bergmann’s 10/14 letter.
b. On the hazard mitigation money possibilities, Jim reminded me that the total amounts available for the State are small. (A possibility is that we could apply for some for dealing with the erosion near the Copper Penny; however, the problem is still outside the right of way.)
c. The expansion joint work on the Monroe Bridge (BR#15) has been completed.
d. Jim agrees that a Stop sign at the bottom of Timson Hill Road (TH#41) would be good. Because of the sharp backward angle where Spring Hill Road (TH#24) comes into Baker Brook Road (TH#19), he thinks a Yield sign might be a more effective option there.
e. On the band-rail bids, Jim noted that last time the low bidder didn’t do the work until the following June. We can discuss when deciding on award of the contract.
f. Kevin Shrader is scheduled to begin with the road crew November 10.
g. The work completed by Marshall Glickman across the town road looks fine.
h. The work across South Wardsboro Road (TH#1) by Win Clark is done. The Town road crew will smooth out the road surface and take care of the bump that is left.
6. Other Items
a. The roof at the old Town Garage is leaking in two of the bays and needs some attention.
b. We missed Margot Stone again. I’ll give her a call to set up an appointment. (Unless DK would like to do it!?)
7. Access Permits
No new requests.

Gary Katz, Road Commissioner

ROAD FOREMAN’S REPORT 11/06/03
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. Ditch line by South Newfane Inn was shaped up. Sand and gravel removed.
3. The raised culverts on Hobby Hill Road (TH#19) was re-set.
4. Beavers plugged a culvert and stone arch at Newell’s on Dover Road (TH#2) several times. Culvert needs replacing soon. A hydraulic study will be done by Vermont State Highway this winter.
5. Most of the trucks have been changed over to winter maintenance mode.
6. Bridges: A. Brookline Bridge (BR#19) is nearly complete (Temporary bridge). B. The joints on BR #15 (Monroe Bridge) were done by Nicom.
7. Equipment: A. The F-550 is doing fine. Injectors had to be replaced. B. The starter on the 4 X 4 Chevy seized up causing a fire. The insurance company (VLCT) was notified of the fire damage to the Chevy. C. Two new mobile radios will have to be purchased. Parts are not available anymore for the old radios. D. All other equipment is operational
8. Winter Regulations need to be posted.

Respectfully submitted,
James O. Gray, Road Foreman

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: November 17, 2003

1. The Board needs to make a recommendation to the Vermont Health Department for a Health Officer for the town. Timothy Shafer, MD has agreed accept the re-appointment.

2. The VLCT Insurance application has been completed and returned.999

3. There was a problem with the furnace at the Williamsville Hall. Jeffers was contacted regarding repairs.

4. I attended the Municipal Officer’s Conference in Rutland yesterday. There was a good session on the new Act 68 law and the implications for the Listers in compiling the Grand List showing residential and non-residential properties. I also attended a session on Time Management and another session on places to obtain grants.