PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, and Gary Katz.
Absent: Chris Williams.
Also Present: Tim Robinson of CVPS, Edward Druke, Sr., Richard Marek, VT House Representative, 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 6:35 p.m.
4. E. HEARING - CVPS PETITION FOR POLE & WIRE LOCATIONS - STRATTON HILL ROAD (TH#35)
Tim Robinson of CVPS was present to explain the petition and to answer any questions that the Board may have. The petition is for the right to cut and trim trees as is necessary to maintain the poles and wires within the highway right of way on Stratton Hill Road (TH#35), in the vicinity of the Edward and Nancy Tanner and the Stephen Dallaire and Paula Hill land. The Verizon petition for the setting of the poles has already been approved. T. Robinson indicated that both J. Gray and W. Guenther, Tree Warden, have looked at the extent of the cutting to be done. Motion was made by G. Katz and seconded by P. Cotton to approve the Petition and Order submitted by CVPS for the cutting and trimming of trees on Stratton Hill Road (TH#35) as described and noted on the on the diagram. Unanimous. The document will be recorded in the records of the town.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. T. Robinson asked about the proposed project on South Wardsboro Road (TH#1) where CVPS had moved the poles a few years ago. P. van Loon indicated that the town is waiting to hear from the engineer.
B. Edward Druke spoke of a recent meeting of the Local Emergency Planning Committee for Windham County that will be meeting again in December. The committee involves members of the business community, Selectboards, hospitals, as well as emergency service personnel.

4. OLD BUSINESS
A. PERSONNEL POLICY
The minutes of the meeting between the Selectboard and the hired employees on November 18th outline the Personnel Policy topics discussed. Board members will have a work session to review the areas in question on Wednesday, December 3rd at 6:30 p.m. at the Town Office to hopefully come up with a final draft of the policy to be possible reviewed by VLCT.
B. ACCESS/RIGHT OF WAY POLICY DISCUSSION
P. van Loon made some suggested changes to the draft Access/Right of Way Policy to include language for working within the town highway right of way. Additional language was added to the first paragraph. It was suggested that there be a paragraph added at the beginning to explain the purpose of the policy. The town has had an Access/Right of Way permit system for some time.
4. B. ACCESS/RIGHT OF WAY POLICY DISCUSSION - (cont.)
proposed draft policy is intended to formalize the application process. J. Gray indicated that the B 71 Standards language be included within the policy. He also recommended that the word Autilities@ be taken out of the sentence at the top of page #2. Culverts should have a minimum of 12" cover over the top. There was discussion about past experiences with property owners who do not know that they need to obtain a permit for doing work within the Town highway right of way. It was discussed that Aany work that may interfere with the maintenance of the highway@ would require a permit for working within the right of way. The majority of the highway right of ways are three rods (49.5 ft) unless otherwise stated. From the center of the road would be 24: feet. The right of way for West Street is 4 rods or 66 feet. Before the policy is finalized, the new fee proposal will be further discussed.
C. DOG ORDINANCE
The Dog Ordinance proposed changes will be reviewed at a future meeting.

6. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached)
(1) Item #1 - The Access/Right of Way Permit submitted by M. Reiff of Stratton Hill Road if being recommended for approval by the RC and the RF. Motion was made by G. Katz and seconded by G. Baldwin to approve the lower access across from the Reiff residence on Stratton Hill Road (TH#35) (Tax Map #E059) and the installation of a lamp and address post. No culvert is necessary. Unanimous.
(2) Item #2 - The new member of the highway crew, Kevin Shrader, is energetic and a good addition.
(3) Item #3 - The Town highway crew will have to go back in the spring to the Gardener driveway to clean the exit end of the culvert. Temporary work will be handled by the caretaker, E. Druke.
(4) Item #5 - N. Mercede has asked about cutting down the large pine in the triangle and changing the access for River Road (TH#15) onto Radway Hill Road (TH#4). The town has asked for a written proposal from Mr. Mercede. Bill Guenther, Tree Warden, will be contacted about the removal of the large pine. The deeds for the abutting properties should also be checked to determine ownership of the Atriangle@.
(5) Item # 7 - The question of putting up a AKeep Right@ sign on South Wardsboro Road (TH#1) on the first curve below Old Stage Road (TH#9) was discussed. J. Gray doesn=t feel that a sign of that type would accomplish anything at that site.
(6) Item #8 - Jim Gray will be retiring from his position as Road Foreman for the town. He will work through the second week of December after which he will be using approximately two month of accrued vacation time.

4. A. ROAD FOREMAN'S REPORT - (See attached)
(1) Item #6 - There is a Cat 924G Loader being demonstrated at the Town Garage. The loader is scheduled for replacement in Fiscal Year 2004. Specifications will need to be prepared for putting out for bid.
(2) Item #7 - A letter will be sent to Harmsen on Duke Road (TH#66) about putting two large rocks within the town highway right of way.
6. C. EXCESS WEIGHT PERMITS
No Excess Weight permits were submitted to the Board for action.

6. D. ACCESS/RIGHT OF WAY PERMITS
No other Access/Right of Way permits were submitted to the Board for action. (See 6.A.1) 6. E. ENGINEER - SOUTH WARDSBORO ROAD (TH#1) PROJECT
The Board has not heard back from Matt Beck, Engineer, as to his progress.
6. F. OTHER ROAD BUSINESS
(1) J. Gray asked about activity going on at a Baker Brook Road (TH#19) location.
(2) P. van Loon suggested that J. Gray look at the placement of the rock within the town right of way on Dover Road (TH#2).
(3) Missing highway name signs have been received and will be put up after the Thanksgiving day holiday. There continues to be vandalism of the road name signs. The WCSD and VSP will be asked to be more aware of the sign removal during patrol times throughout Newfane. It was also suggested to put something in the Butterfly to make people aware of the vandalism happening within the community.
(4) E. Druke spoke of a dangerous tree that needs to be cut along the Newfane Hill Road (TH#20). The owner of the property is Bill Chase. J. Gray will follow-up on the matter.
(5) P. van Loon suggested that the Board may want to consider the banning of tractor trailer trucks on South Wardsboro Road (TH#1).
(6) P. van Loon and C. Williams looked at the drainage by the D. Miller property and the South Newfane/Williamsville Fire Department. There was some ponding of water that appears to be a saturation of the ground. The drainage off of Timson Hill Road (TH#41) has not changed.
6. D. SOUTH WARDSBORO ROAD (TH#1) PETITION
The Board received a petition a few months ago asking that there be more patrol for speeding on South Wardsboro Road (TH#1) and that there be some consideration for the lowering of the current speed limit which currently varies from 30 to 35 mph. The Board asked Windham Regional Commission to do a traffic study. They set up two counters to monitor the speed and the number and types of vehicles. After some discussion, motion was made by G. Baldwin and seconded by G. Katz to maintain the current speed limits on South Wardsboro Road (TH#1) as posted. Unanimous.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. REPRESENTATIVE RICHARD MAREK
Representative Marek was invited to attend the Selectboard meeting to discuss and update the town on the issues developing in Montpelier. The first topic discussed was the Local Option Tax. The town could raise revenues from sales tax and room and meals tax. Only two towns have opted for this process in five or six years, Manchester (sales only) and Williston (both sales and R & M). It was estimated that Newfane revenues would be in the vicinity of $40,000.
Other topics that Rep. Marek that he expects to be discussed during the next legislative session are Act 250 review, Death with Dignity, Connecticut River Dams, and Health Care Community rating among other things.
A question was asked regarding the No Child Left Behind act which appears to be too rigid and too costly, mandates without funding. Taxpayers are left with the burden.
Another question was raised about property appraisal with parcels selling for more than they are currently appraised for causing the town=s CLA and COD to be skewed. Is there to be any relief from the legislature? There is some concern about having to conduct another reappraisal if there is a wide margin between the appraisal and the selling price. Rep. Marek did not foresee any change at this time. The town may want to contact the VLCT who is a lobbing group for the towns.

2. A. (cont.) And again, the question was asked about the cost to administer the Act 60 and Act 68 statewide education property tax. Rep. Marek will check on the answer.
The Board thanked Rep. Marek for his attendance at the meeting.
5. NEW BUSINESS
A. APPOINTMENTS - The Selectboard has received a letter of resignation from Caroline Katz who serves as a member of the Planing Commission. Her term will expire in 2007. She has indicated that she will serve until March of 2004.
5. B. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
The Planning Commission will be invited to the meeting of December 4th. It was suggested that the Board may want to have Todd Ambroz come in during budget time to discuss more budget time and to talk about vandalism that has been occurring.
5. C. FINANCIAL - JULY, AUGUST, SEPTEMBER & OCTOBER 2003
The financial information was reviewed by the Board. D. Knechtel pointed out areas of potential concern. The Board was reminded that the budget figures are unaudited.
5. D. BUDGET PROCESS
Board members received a the preliminary budget form which is used during the budget process. The information includes budget and actual expenditures since FY 1996. It also includes the expenses to date until October 31, 2003.
5. E. OTHER NEW BUSINESS
(1) P. van Loon asked the Board to consider a place for the flag pole that the Town Treasurer is willing to purchase and donate. He suggested that the location of the flag pole be in the area to the left of the front door.
(2) An appeal was filed with the Zoning Board of Adjustment against the Eagle River project. The status of the appeal needs to be looked into.

7. ADMINISTRATIVE ASSISTANT=S REPORT - (See attached report)
A. Item #2 - The resumes for the position of Road Foreman are to be received by the end of the day, December 1st. P. van Loon asked those present their opinion of having an interview committee, two members of the Board and one non-board member. All present agreed with the idea. G. Katz would like to be a member of that committee. When all of the Board is present, another Board members will be determined.
B. Item #3 - The Selectboard would like to thank both Pete Crossman of Vernon for the stones to replace the stolen ones and Mark Topitzer for replacing the missing stones on the Town Office walkway. Their expedient and timely efforts are greatly appreciated. Thank you!
C. The Windham Solid Waste District will be removing the recycling containers from the West Dummerston site due to improper use of the containers. This may put a burden on the containers in Newfane. The Executive Director, George Murray, suggested that the District may be installing a surveillance camera at the Newfane Town Office in order to Acatch@ anyone who may be abusing the system. Possible alternate locations were discussed. Things to consider would be visibility and the system to load and unload the containers.

8. MINUTES
Motion was made by G. Katz and seconded by G. Baldwin to approve the minutes of November 6, 2003, with a few grammatical corrections. Unanimous.
Motion was made by G. Baldwin and seconded by G. Katz to approve the minutes of the Special Meeting of November 18, 2003, as written. Unanimous.

9. CORRESPONDENCE
A. A copy of the Project Review Sheet for the Original Newfane Flea Market has been received from the Agency of Natural Resources.
B. A copy of a letter from the District #2 Environmental Commission to E.W. Morse, Jr. regarding additional information needed for his Act 250 application for The Original Newfane Flea Market, Inc. Proposal to build locker/storage units.
C. With regards to Eagle River Mining, a copy of a Motion for Party Status from Raymond P. Perra, Esquire to April Hensel, District II Environmental Coordinator, on behalf of David Clarkson, Barbara Kafka, Christopha Fitzmaurice, Mark and Joann D=Andrea has been received.
D. A copy of the information requested from Eagle River Mining, Inc. in their Recess Memorandum from the District II Environmental Commission has been received.
E. A copy of Neighbor=s Answer to Applicant=s Response from Raymond P. Perra, Esquire to April Hensel, District II Environmental Coordinator, on behalf of those mentioned in 9.C. has been received.

10. PAY ORDERS
Motion was made by G. Katz and seconded by G. Baldwin to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
11/08/03 Payroll $ 2,827.41
11/15/03 Payroll $ 3,384.77
11/16/03 Payroll $ 1,750.76
11/21/03 Acct.=s Payable #11 $ 174,900.75 Unanimous.

IRS Electronic Federal Payroll Tax Payments
11/12/03 $ 1,573.55
11/19/03 $ 866.27

Newfane/Dummerston - VCDP Grant #220/941G - Check Warrant Report #1 - 03
Motion was made by G. Baldwin and seconded by G. Katz to have the Board approve and sign the amount of $460.41 to Windham Regional Commission for services rendered for administration of the Revolving Loan Fund grant. Unanimous.

12. ADJOURNMENT
Motion was made by G. Katz and seconded by G. Baldwin to adjourn the Regular Meeting of the Board at 10:43 p.m. Unanimous.

Posted: Town Clerk's Office, Newfane Store, Williamsville General Store, and South Newfane General Store & Deli.
www.newfanevt.com

1. Access Permit for Reiff
Jim and I met with Mike Reiff on 11/12. His current access permit application is correct. He only wants to keep the lower access (across from the house) open. He will trench to divert water from this so that no culvert would be necessary. He will close off the upper access. Jim and I recommend approval, including for the work in the right of way.
2. New Employee
Kevin Shrader reported for work on 11/10 and appears to be a very energetic worker and good addition to the crew.
3. Gardener Driveway
We reviewed the Gardener driveway situation. Ed Druke joined us. Ed will handle the area for the Winter. We will need to do some cleaning and mowing at the exit end of the existing culvert next Spring..
4. Demonstrator
A demonstrator from Caterpillar is supposed to be delivered Thursday. We will be testing the model as a possible replacement for the loader.
5. Mercede Request
Nick Mercede called to ask if the Town would have any problems if the Brookline Bridge contractor would cut sown the Pine in the triangle near the bridge and fill in the hole there. Jim and I met with Craig Stone and Mike Fitzpatrick today about this. It seems that the interest is in not only removing the tree but also changing the road access alignment at the intersection. We suggested to Craig that Nick send us a written proposal. It sounded like the proposal would need to be engineered. I also have a call in to Bill Guenther as Tree Warden to see if he would have any problems with taking down the Pine.
6. Stone Meeting
Jim and I met with Margot Stone and Jim Sinon on Tuesday to discuss their concerns about the culvert and drainage on Timson Hill Road. We talked about some possibilities and Jim will be thinking it through to figure out what would work best.
7. South Wardsboro Road
Priscilla notified us of a wash out on the first curve below Old Stage Road on South Wardsboro. We looked at it today and that curve, the next one down, and ditching further along the road need attention. Jim will shape it up throughout that area. Concerning Priscilla=s suggestion for AKeep Right@ signs in the area, Jim doesn=t think they would do anything. (He also was not aware of more than one accident there.)
8. Jim's Retirement
Jim has some leeway and could continue working through the second week in December, after which he would be using up approximately two months of accrued vacation time.

Gary Katz, Road Commissioner