MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
DECEMBER 5th, 2002
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Richard Marek, Jesse Anderson, and Gary Katz.
Absent: Lynn Bedell and Piet van Loon
Also Present: Jennifer Kearney, Wendy Johnson, and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Richard Marek at 7:00 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. DISCUSSION OF SEARS ROAD (TH#44) PROPOSAL
At a previous Board meeting (11/14) a request was made of the property owners to prepare a draft plan for Sears Road (TH#44) in the event that it is discontinued from the highway system as a result of the required hearing process. (19 VSA Chapter 7) If the road is discontinued, the basic plan is to close off the upper portion of the road where it intersects with Grimes Hill Road (TH#5). The upper portion would become the Kearney’s property. The lower portion of the road would become T. & W. Johnson’s driveway. It was noted that the Johnson’s should obtain legal advice on the lower portion of the road. It should probably be a deeded right of way from the other three property owners on the road. When a road is discontinued, the property reverts to the center of the road to the abutting owners. There was some discussion about the suggested removal of an existing culvert at the intersection of Sears Road (TH#44) and Grimes Hill Road (TH#5). That would have to be looked at more closely. J. Kearney and W. Johnson were present for the discussion. Motion was made by J. Anderson and seconded by R. Marek to hold a hearing for the discontinuance of Sears Road (TH#44) on January 23rd, 2003 beginning at 7:00 p.m. Unanimous. A letter was also received from T. & W. Johnson regarding the discontinuance of Sears Road (TH#44).

6. B. DRAFT PERSONNEL POLICY
Not all of the Board members have reviewed the draft Personnel Policy as prepared by L. Bedell as a result of meetings and discussions with F. Bacon, L. Bedell and D. Knechtel. G. Katz asked for a summary to compare the current policy with the proposed draft policy. The policy will be reviewed at a future meeting of the Board.

4. E. OTHER ROAD BUSINESS
(1) Kendall Gifford has notified J. Anderson that he would like to invite J. Gray and the Road Crew to meet with the Engineer and the Village Trustees at 3:00 p.m. on Friday, December 13th to look at the Conceptual Plans for the Village Sidewalk project. J. Gray should touch base with Bea MacFarland about the meeting. The Village Trustees may be presenting their plan at the December 19th meeting of the Board of Selectmen.

6. C. OTHER NEW BUSINESS
(1) G. Katz brought up the correspondence that has been received from the Vermont Coalition of Municipalities. Regarding the recent decision of the Superior Court Judge ruling that the methodology used by the State in the 1997 case in Killington to determine their equalized education property tax grand list was unreliable, arbitrary, capricious and unconstitutional. The methodology is the same used for all of the other communities in Vermont. The VCoM would like municipalities to join in an administrative procedure to challenge the methodology and have sent procedures to do so, whether living in a sending or a receiving town. The Vermont League of Cities and Towns is supportive of the towns being involved in the administrative procedure to challenge the methodology. It was suggested that questions be asked of the Listers as to the process used in determining the Common Level of Appraisal and what material affect it has on the town. There was also a draft letter that is being circulated by area Listers opposing the Proposed State-Wide Appraisal system.

4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #1 - Permits (See the following)
D. ACCESS/RIGHT OF WAY PERMITS
(1) Motion was made by R. Marek and seconded by J. Anderson to sign the Approval to Proceed with the temporary logging access onto Dover Road (TH#2) from D101, submitted by Calvin Powling for Donald Miller. (Permit #A02-15). Unanimous.
(2) The change in access had been completed before the permit was discussed and signed. The sight distance is better. G. Katz questioned having someone do access/right of way work before approval is given. J. Anderson explained that if the work was not acceptable, then the permit would be rejected. Motion was made by R. Marek and seconded by G. Katz to sign the Approval to Proceed for the change in an existing access for Arthur Cable on South Wardsboro Road (TH#1) on lot #A025 with the condition that the travel way of the access not exceed 25'. (Permit #A02-14). Unanimous.
(3) Motion was made by J. Anderson and seconded by R. Marek to sign the final approval for permit #A02-11 submitted by Henry A. Pinckney for an access onto Upper Eager Road (TH#13) from a right of way to B178.3. Unanimous. Drainage that was requested to be fixed has been done.

A. ROAD COMMISSIONER’S REPORT - (cont.)
(2) Item # 2 - J. Anderson spoke with H. Pinckney regarding the plowing of Upper Eager Road (TH#13). The town will stop where they usually do, rather than risk getting the truck stuck.
(3) Item #3 - J. Anderson indicated that it was great that J. Gray has taken it upon himself to initiate a regulatory compliance inspection at the new and old town garages.
(4) Item #4 - The 2001 Handbook for Local Officials for Highways and Bridges and application forms have been received from Floyd Roberts of VTrans District #2. The town assistance programs have been changed from the previous ways that the towns would received grants from the state for highways and bridges.

4. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #6 - There has been some motorists who have been leaving their vehicles parked in the roadway, hampering snow removal. The vehicles may be towed at the owners expense. J. Gray should notify the Sheriff’s Department. R. Marek indicated that the Village Trustees, in their renewal of the Kendall School contact, have a clause for a towing charge for vehicles left parked in the street overnight.
4. C. EXCESS WEIGHT PERMITS
No excess weight limit permits were presented to the Board for action.

4. E. OTHER ROAD BUSINESS
(1) G. Katz inquired about the rational expressed by E. Druke at a recent meeting for more gravel to be installed on the roads throughout town. J. Anderson explained the road structure and the need to apply gravel to the wearing surface of the roads. Some roads ware at different rates than others. With an intensive effort by the road crew, more gravel could be applied.
(2) Bridge #14 - A letter has been received from Roger Whitcomb, Project Manager for VTrans, regarding the scour problems on pier on Bridge #14 by the South Newfane Store. In 1947, the streambed was a meter higher than present. The question is, does the project continue as presented with the replacement of the superstructure with little or no work in the stream or does the process start over with a total replacement of the existing structure. A total replacement would be more costly for the town but it would provide a safer solution and provide a maintenance free structure for many years. The Board would like to ask R. Whitcomb for information from the state hydraulic section about streambed rate changes over time. The Board will discuss the matter again at their meeting of 12/19/02.
(3) R. Marek spoke of the need for a Handicap Parking sign for the Moore Free Library patrons. It was thought that the town was to install the sign. J. Gray will be asked about the sign. 5. C. OTHER OLD BUSINESS
(1) P. van Loon has prepared a temporary plan, for the Board to review, to repair the Williamsville Hall steps before they are replaced in the spring. After some discussion, motion was made by J. Anderson and seconded by R. Marek to approve of the proposed temporary repair to the Williamsville Hall steps taking into consideration, (1) the safety concerns on either side of the plywood walkway (change in elevation) and (2) that the existing landing is not marred by masonary nails, as the top landing is not scheduled for replacement. Unanimous.
(2) Letters have been sent to Doug Brown and Roger Sparks regarding the plans for the continued removal of their junk vehicles. The Sheriff’s Department has also been requested to issue a ticket to LaFlamme and Van Dyke for their violation to the Junk and Junk Vehicle Ordinance.

5. A. GOALS AND OBJECTIVES - LIST
A daytime meeting is to be set up with the office employees and G. Katz to discuss the cleaning up and organizing of the upstairs “storage” area.

6. NEW BUSINESS
A. APPOINTMENTS
(1) AUDITORS - 1 - No action taken.
(2) PLANNING COMMISSION - 1 FOR 2006 - No action taken.
6. B. FINANCIAL INFORMATION /PROPOSED BUDGET FOR FY 2004
The Board members were given a comparative spread sheet for the expenses with some items filled in for FY 2004 budget requests received to date. The anticipated accrual numbers have been deducted from the FY 2003 expenses to date (09/30/02) and added to the FY 2002 expenditures. The October financials have not yet been received. The Board members review the comparative expense sheet and filled in and discussed some proposed numbers for each line item, excluding the Highway Department. J. Gray is working on his budget and will have it ready for the meeting of December 19th. Some areas will be reviewed again when more information is received either from the various sources. There was some discussion of transferring funds for the Newfane sidewalk into Capital or a special account as the date for beginning the project is not certain. The Capital Budget and Plan will be available for the Board to discuss at the December 19th meeting. There was some discussion regarding the amount budgeted for appropriations. The number keeps increasing from year to year. There may be a consideration of a certain amount to be divided among the various worthy causes. The Board will wait to see what approach to take when more complete budget numbers are received.
Rescue, Inc. has asked that the Board sign a “Letter of Operational Conduct” between the town of Newfane and Rescue, Inc. Board members present decided to have a letter written to say that the town cannot commit to the $3,780 appropriation that will be voted on at Town Meeting. The Board fully anticipates that the town will support the request from Rescue, Inc. as they have in the past.

7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Most of the items have been covered during the regular meeting. Some items listed are for information only.

8. MINUTES
The minutes of 05/16/02, and 06/20/02 have not been completed for this meeting. Motion was made by G. Katz and seconded by J. Anderson to approve the minutes of the Regular Meeting of 11/21/02, as written. Unanimous.

6. C. OTHER NEW BUSINESS - (cont.)
(2) There was a brief discussion regarding a potential new restaurant on VT Route 30 across from the town office. Permits will need to be submitted.
(3) R. Marek brought the preliminary plans for the proposed traffic calming measures on VT Route 30 through the village of Newfane. The WRC Route 30 Traffic Calming Study Committee would like some comments from the Board. The Board will wait until all of the Board members are present to discuss the proposal.
(4) Corrections to the Grand List - Motion was made by R. Marek and seconded by G. Katz to approve the correction to the 2002 Grand List for the removal of a trailer from the John J. Nappi, Jr. property (PID#00C025.1) on Adams Hill Road from $10,300 to $8, 900 and the correction of the removal of a dwelling from PID#00B138 on Steep Way on property owned by the Town of Newfane froom $36,500 to $12,100. Unanimous.
(5) After review of the statutes, it appears that the changes to the grand list through appeal of the recent assessment do not have to go to the Board of Abatement. (32 VSA § 4411). The BCA has determined the change and filed a report with the Town Clerk. The Treasurer then will issue a new bill allowing for any credits due for any possible overpayment. There is a list of specific reasons for tax abatements. (24 VSA § 1534).

9. PAY ORDERS
Motion was made by R. Marek and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
11/23/02 Payroll $ 3,506.36
11/30/02 Payroll $ 3,627.51
12/01/02 Payroll $ 1,720.71
12/06/02 Acct.’s Payable #12 $ 17,873.92 Unanimous.
IRS Electronic Federal Payroll Tax Payments
11/27/02 $ 1,017.53
12/04/02 $ 1,208.30

10. CORRESPONDENCE
A. A copy of a letter sent to Marki Webber and Clay Coyle from Bill Guenther, Town Tree Warden, regarding suggested plantings along the town highway (TH#1) and brook. Verizon has agreed to incur the full cost of the plantings.
B. Notification of a Newfane Village Meeting on Friday, December 13th at 5:30 p.m. for a Pot Luck to be followed by a meeting at 7:00 p.m. to vote approval of, and money for the completed plans for restoration of the West, Court and Church Street sidewalks.
C. The December 2002 copy of Opinions has been received from the Secretary of State’s Office.
D. The November issues of the VLCT News has been received.

11. EXECUTIVE SESSION
No matters came before the Selectboard that required Executive Session.

12. ADJOURNMENT
Motion was made by J. Anderson and seconded by G. Katz to adjourn the Regular Meeting of the Board at 10:55 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 12/05/02

1. PERMITS
There are three permits that can be acted on tonight, Cables, Pinkney (final approval) and Calvin Powling.

2. COMPLAINTS
I called Henry Pinckney about plowing on the trail/class 4 road to his house on Wiswall Hill. Basically the existing turnaround is at the beginning of the unimproved section. The turnaround locations are based on measurements that were done with the State years ago. Mile Winot plows this route. I talked with Mike about it. The truck is 36 feet long and 12 feet wide and has a one-way plow. A well mintained, established turnaround is required to turn his truck around. He has gotten stuck in the unimproved section when it wasn;t frozen. The town should not plow any portion of any class 4 road or trail. As far as leaving a pile of snow at the end of the dead end section, this is normal for several dead end roads in town. The owners of houses farther down these roads must deal with a larger pile of snow than the average person who jedt gets their driveway plowed in, howwever, this is not beyond the ability of the average private driveway plow truck. Mike tries to help out by raising the plow somewhat to smear out the pile at the end of th dead end section.

Ed Druke still has concerns about the driveways and road drainage in front of his house and the adjoining houses. He was given permission to do as much work as he wanted to on the problem himself. He has done all that he wants to but feels that there is more to be done and that the town should do it. The complaint is about water flow and ditch lines. Jim feels that the section involved handles a minimal amount of water due to a culvert ust above the problem area. Also, it would be combersome to switch some equipment back to summers maintenance to work on it. Ed wants Jim and I to meet with him and enyone else who would like to go is welcome.

3. FYI
I am sure that Jim’s report will have a discussion about the regulatory compliance inspection. Jim showed me some of the things that have been done based on the inspection and some other things that still need to be done. Jim has embraced safety and regulatory compliance fully and this effort is a good example of that.

4. BUDGET
Jim is still working on the budget. A concern is that we would normally be due for ‘2 for ‘1 money for paving in the next fiscal year. We would do twice as much paving and show the added expenses and revenues in the budget. This year we do not have any assurances that we will get this money (per Floyd Roberts). We need to anticipate the money and show the expected revenue and expenses or show no revenue and expenses.

Jesse Anderson, Road Commissioner

ROAD FOREMAN’S REPORT 12/05/02
TOWN OF NEWFANE HIGHWAY

1. Snow fell on 11/27 & 29/02 and on 12/4 & 5/02 requiring plowing, salting, and sanding of highways. Freezing rail fell on 11/30/02 evening requiring salting of blacktop. Hard packed snow on So. Wardsboro Road (TH#1) required daily sanding this week.

2. A Municipal Compliance of VT Environmental was conducted by John Daly at the new town garage and old garage site. A report to the B.O.S. will be forth coming.

3. Equipment: A. A main spring and helper were replaced on the L-9000 truck after digging in on Bridge #19 (Brookline Bridge) black top patch. B. All other equipment is operational.

4. Winter sand is now being stockpiled at the Town garage.

5. The highway budget is being worked on and should be done shortly.

6. Vehicles that remain in highways during storm will be towed away at the owners expense.

Respectfully submitted,
James O. Gray, Road Foreman

To: Newfane Board of Selectmen MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: December 5, 2002

1. I spoke with Eric Gilbertson of Historic Preservation and he indicated that the Williamsville Hall steps may be done in the late spring. He is currently reviewing the Request For Bid Proposal to replace the steps and the walkway for completeness. He is also reviewing the proposed railing to be added to the steps.

2. The professional auditor was in for two days last week to work on the FY 2002 audit. John Mudgett, CPA, will be in next week to gather more information for completing the Fiscal Year 2002 audit for the town.

3. The request has been made to the Windham County Sheriff’s Department to issue a ticket to LaFlamme and Van Dyke for their violation of the Junk and Junk Vehicle Ordinance. Letters have been written to Doug Brown and to Roger Sparks regarding their clean up progress for their Junk and Junk Vehicles.

4. Piet van Loon has prepared a preliminary plan for a temporary solution for the Williamsville Hall steps to cover the deteriorating section in the middle. He will take care of seeing that the project is completed.

5. Kim from VLCT will be here to talk with the employees regarding the Blue Cross-Blue Shield health insurance, the various plans and the changes in coverage on Tuesday, December 10th at 1:00 p.m.

6. The Capital Budget Plan will be available for the meeting of December 19th.

7. The budget spread sheet for this evening’s meeting has the audited numbers as given to me in a list from S. Hescock. I seem to be off by $204 but did not take the time to double check the figures. I have not received the October financials yet.

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