MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
DECEMBER 19th, 2002
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Richard Marek, Jesse Anderson, Lynn Bedell, Gary Katz and Piet van Loon.
Also Present: Kendall Gifford Newfane Village as MPM, Bea MacFarland and Robert Litchfield as Village Trustees, Winnie Dolan as village Treasurer, Gunther Garbe of the Planning Commission, James Borta, Jean Wilson, 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 7:01 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. DISCUSSION OF VILLAGE SIDEWALKS - KENDALL GIFFORD - WRC
Kendall Gifford brought a copy of the draft conceptual plans for the Newfane Village sidewalk project. The plans have been approved by the village at a special meeting held on December 13th. Earlier on the 13th K. Gifford met with some members of the highway crew to discuss the width of the travel portion of the road. After speaking with the engineer, it was determined that the travel portion could be increased to 11' from 10'. The town highway personnel were concerned that the 10' travel portion would not accommodate the large trucks which are 12' with the wing plow. The right of way on West Street (TH#1) is 4 rods (65.33'). The sidewalks are to have granite curbing. Parking is to be on alternate sides of the street. There is to be a 4' sidewalk, a 3½’ grass strip, then the travel portion of the roadway. The grass strip allows for better access into the owners property and keeps the sidewalk flat. When the plans have been finalized, there will need to be a right-of-way permit submitted to the town for approval. It is hoped that the bids will be out for this construction season for work to be done this summer into the fall and landscaping to be in the spring of 2004. The town’s parking ban during the winter storms will be enforced.

10. CORRESPONDENCE
a. a letter has been received from the Incorporated Village of Newfane, signed by Beatrice MacFarland, to request that $20,000, $10,000 in the FY 2003 budget that was approved at town meeting and $10,000 that was to be designated from a previous budget for the village sidewalks, be placed in the Capital Fund and designated for the Sidewalk Fund. The funds from a previous budget were not actually accrued. Motion was made by L. Bedell and seconded by G. Katz to put the current $10,000 in the FY 2003 budget for Village Sidewalk into a dedicated capital fund earmarked for the Village of Newfane Sidewalk project and to review during the budget session how to handle the other $10,000 that was not accrued as discussed in previous years. In favor: J. Anderson, L. Bedell, G. Katz and HW van Loon. Abstaining: R. Marek, as he is also a Village Trustee. Motion passes.

6. NEW BUSINESS
a. (2) APPOINTMENT - PLANNING COMMISSION - 1 FOR 2006
James Borta has submitted a letter expressing his interest in serving on the Newfane Planning
6. a. (2) APPOINTMENT - PLANNING COMMISSION - 1 FOR 2006 - (cont.)
Commission. Before moving to Newfane a year and one half ago, he served on the environmental commission in Hoffman Estates, Illinois for five years, four years as chairperson. He worked with developers, planning and zoning commissions. The Board asked Mr. Borta several questions. Motion was made by J. Anderson and seconded by G. Katz to appoint James R. Brota to serve as a member of the Newfane Planning Commission to serve until March of 2006. Unanimous.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
Gunther Garbe, a member of the Newfane Planning Commission, reported that the PC has scheduled a hearing on the Zoning Bylaw amendments for Tuesday, January 21st, depending on the outcome of the question regarding the fact that the Town Plan has recommended four districts and the zoning bylaw only refers to two districts. The Zoning Bylaws are supposed to follow the guidelines and recommendations of the Town Plan.

4. ROAD BUSINESS
a. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #2 b. & RF Item #4 - The railing on the Monroe Bridge (BR#15) has been damaged by a “hit and run” driver. The accident is being investigated by law enforcement officials. J. Gray has received an estimate for the Daniels Construction for the immediate repair of the railing ($5,324) and for replacement of structural steel post supports with cast in place reinforced concrete in the spring ($3,200). The current rail system is substandard. The deficiency has been written up in previous state bridge reports. Motion was made by P. van Loon and seconded by R. Marek to hire Daniels Construction to do the emergency repair work to the railing of Monroe Bridge (BR#15) for the amount of $5,324 to be completed this next week. Unanimous.

4. E. RESPONSE TO R. WHITCOMB - BRIDGE #14
(See also RC Item #2 c. & AA Report Item #3)
The Board members discussed the information obtained from J. Anderson’s research and from D. Knechtel’s discussion with R. Whitcomb and M. Tuttle regarding the scouring problem on the Bridge #14 pier. Before the Board makes a decision about whether to rehabilitate or replace Bridge #14, they would like to discuss the matter further with Roger Whitcomb, VTrans Project Coordinator and Mike Tuttle, VTrans Engineer. Motion was made by P. van Loon and seconded by G. Katz to have the Chairman write a letter to invite R. Whitcomb and M. Tuttle to a meeting with the Board to discuss and make a decision on the rehabilitation or replacement of Bridge #14. Unanimous.

4. a. ROAD COMMISSIONER’S REPORT - (cont.)
(2) Item # 2 d. & RF Item #6 - The increase of an extra foot for the travel portion (see 2.A.) on West Street (TH#1) will be helpful for the removal of snow during winter maintenance. R. Marek will announce at a future Village meeting that the Town Policy from 11/01 to 5/01 is that “Any vehicle parked on a highway right of way so as to interfere with snow and/or ice removal will be towed at the owner’s expense.” This notice may also be put in the village tax bill to alert property owners of the policy and assist the town with snow removal.

4. B. ROAD FOREMAN’S REPORT - (See attached report)
Most of the items mentioned in Jim’s report were covered and discussed with the RC’s report.
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 presented to the Board for action.

6. NEW BUSINESS
A. APPOINTMENTS
(1) AUDITORS - 1 - 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 additional items filled in for FY 2004 budget requests received to date. The proposed highway budget numbers have been included. The Board reviewed the numbers and asked questions about some of the amounts, in particular the bridge costs and the cost of diesel fuel. There was also questions raised about the hazardous waste compliance costs and funds for the painting of white lines on the sides of some paved highways. Cost for the lines would be considered in contracted services - maintenance. The yellow center lines are the responsibility of the state. The overall proposed Highway budget in 2.99% over the FY 2003 approved budget. J. Gray in comfortable with the numbers presented. J. Gray is obtaining more realistic numbers for the replacement of equipment for the highway department for the capital budget and plan.
L. Bedell questioned some of the numbers that were discussed and filled in by the Board members present at the meeting of 12/05. The increase for the Lister was requested by the Listers for entry of information on sales and Zoning and Septic permits from the “old cards” to the new system. It was suggested by L. Bedell, that high school kids be used for the data entry. L. Bedell suggested that there be formalized budget request guidelines that would provide written back-up for each line item. Other members felt that hearing from the departments with a verbal explanation would be sufficient. Some explanations are provided in the “comment” section of the spread sheet. The working budget spread sheet provides the Board with several years of budget and actual audited expenses. The current year expenses show as of 09/30, which is one quarter. It was also mentioned that the current financial information should be received on a monthly basis. The October and November financial information have not yet been received.
The Board also discussed the employee rate increases to be cost of living, or cost of living and merit. To figure the Social Security and the VMERS, a 3% increase will be used for most of the employees plus additional for the Road Foreman. In order to have more time to work on the budget, the Board will have a special meeting on January 9th.

5. C. OTHER OLD BUSINESS
A temporary repair of the steps at the Williamsville Hall has been completed by P. van Loon. J. Anderson indicated that contractors who may be interested in replacing the steps should be lined up soon. Eric Gilbertson of the VT Historic Preservation was sent a copy of the proposed bid to be sent out for his comments but he has not responded as yet. He will be contacted.

6. B. DRAFT PERSONNEL POLICY
The Board may consider having a special meeting to discuss the proposed personnel policy.

7. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Item #2 - The Board reviewed the health insurance information regarding to the meeting between representatives from VLCT and BCBS, the town employees and P. van Loon. The town currently pays 80% of the health benefit costs and the employee pays 20%. Employees will be contacted about whether or not they want to switch from the current BCBS JY Plan to one of the other two options.

B. Item #5 - The Board would like to have both R. Sparks and D. Brown be more specific about their plans for the removals of their junk vehicles from their property. Motion was made by G. Katz and seconded by R. Marek to write a letter to D. Brown and to R. Sparks asking them to be more specific about the removal of the vehicles from their propertyor the town will begin the process to issue a ticket for the violation of the Junk and Junk Vehicle ordinance. Unanimous.

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 R. Marek to approve the minutes of the Regular Meeting of 12/05/02, as written. Unanimous. P. van Loon indicated that the the handicap parking sign for the Library was a requirement of the Planning Commission site plan approval and it is not the responsibility of the town to purchase the sign.

9. PAY ORDERS
Motion was made by P. van Loon and seconded by G. Katz to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
12/07/02 Payroll $ 3,301.82
12/14/02 Payroll $ 3,643.79
12/15/02 Payroll $ 588.48
12/20/02 Acct.’s Payable #13 $ 16,654.28 Unanimous.
IRS Electronic Federal Payroll Tax Payments
12/11/02 $ 1,536.73
12/18/02 $ 1,098.92

10. CORRESPONDENCE
A. A letter has been received from Jesse Anderson which indicates that he will not be completing his term of office and will be resigning from the last year to be served. He has agreed to serve through Town Meeting Day. The Board accepted his early resignation with regret. He wanted to make people aware of the extra opening so that people will take out a petition to run for the vacancy. R. Marek will also be resigning his last two years of office to serve as a Representative for Windham-6. The Board will be looking to appoint someone to complete R. Marek’s term until March 4th. There will be one three-year term, one two-year term and three one-years terms available on the Selectboard this year.

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

12. ADJOURNMENT
Motion was made by P. van Loon and seconded by G. Katz to adjourn the Regular Meeting of the Board at 11:20 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 12/19/02

1. COMPLAINTS
Jim hires a tree service to cut the dead tree with the large overhanging limb by the Bacon’s property on Grimes Hill Road (TH#5). This was the subject of an old complaint and the spot is much safer now as a result. Some people in town question the practice of spreading salt immediately prior to a storm. While some salt is no doubt pulverized and lost, some remains and prevents compacted show and ice from adhering to the road. Salt is saved the next day over what would otherwise need to be used.

2. OLD BUSINESS
a. Infrastructure inventory. - Nothing new.
b. The 3 span bridge by Brookside was damaged. Jim has arranged with Daniels to have a proposal for a temporary repair made to the railing system.
c. I have done research and discussed the central pier of the bridge by the South Newfane Store with Jim. Most streams in Vermont have ‘down cut’ to bedrock and are not eroding downwards any further. I don’s think this means that the entire stream has bedrock on the bottom of it. I think this means that there are rapids and falls over bedrock that define the depth of the stream bed throughout. Is this the case in S. Newfane? I don’t know. One thing is clear though. Scour is a poorly understood phenomenon and bridges continue to fail because of it. Anti-scour measures have been tried in town before and they were ineffective. I have some doubts about second guessing the State Hydrologist. Unless we hear something convincing from the Hydrologist, I would recommend that we go for a new bridge.
d. The sidewalk design continues to evolve. The last one shows 4' sidewalks, and 10' travel lanes. One lane has a 1' strip outside the white line. The other lane has 7' wide parking spaces. This is all per accepted highway standards but is on the tight side. The road crew provided input to the designs and would like, at a minimum, an 11' wide lane on the side with the parking spaces. The Village was going to reconsider the decision to use 4' sidewalks during a meeting last Friday. Windham Regional plans to send the designs to the Fire Companies for input. The Engineer thought that the extra 1' for the travel lanes could probably be accommodated.
e. Regards the budget, only the usual amount of paving has been put into the expense side of the budget and no State revenue for paving is anticipated in the budget. If we are eligible for paving money then we will show additional spending and additional revenue in the next fiscal year. If the bridge by the S. Newfane Store ends up costing four times as much, perhaps the next budget should take a bite out of this projected cost (create a capital fund for this bridge and put an initial installment into it). I am concerned that there is not enough in the capital funds to buffer the cost of a new grader sometime in the next few years.
f. A decision should be made about a crosswalk in Newfane on Rt.. 30. The first step I suppose would be whether or not to pursue one. I would support doing so regardless of the expected cost. I would expect that the final design would include an electric traffic signal and enhanced street lighting and would proceed on that assumption. These things take time and the cost might not be incurred until the next fiscal year when our next budget would cover it.

Jesse Anderson, Road Commissioner

ROAD FOREMAN’S REPORT 12/19/02
TOWN OF NEWFANE HIGHWAY

1. Winter storms on 12/06, 14 & 15/02 have kept the road crew bury plowing, sanding, and salting. Hard packed snow on the more heavily traveled road needs daily sanding.

2. Winter sand is being stockpiled by Zaluzny at this time.

3. Equipment: A. The F-550 wheel studs right rear wheel were replaced due to wheel becoming loose. B. All other equipment is operational.

4. Bridges: A. The railing on the Monroe Bridge (BR#15) was damaged by being struck during the storm of 12/12& 13/02. Daniels is giving an estimate for temporary and permanent repair.
5. The road budget has been completed and turned in. The Capital Budget is being worked on. All figures need up dating.

6. Ten foot travel lanes will not accommodate the large trucks or grader as proposed on West Street (TH#1). Trucks will have to drive left of center lines.

Respectfully submitted,
James O. Gray, Road Foreman

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: December 19, 2002

1. I have spoken with Marie Thomas of Vermont Emergency Management regarding the amount due back to the state for the overpayment on the Williams Hazard Mitigation matter. She confirmed the amount that I calculated. A request is included in the pay orders for this evening.

2. The town employees on the health insurance and Piet van Loon met with representatives from VLCT and Blue Cross/Blue Shield to review the current policy and two other options. A copy of the information has been included in your information. The town may offer two options and a third if a letter requesting a third is written. A reason to offer alternatives would be that the health insurance needs of the individual employees varies.

3. I spoke with Roger Whitcomb of VTrans about Bridge #14 by the South Newfane Store. He referred me to Mike Tuttle of the hydraulics division. In my conversation with him, he indicated that there are studies being done all over the country on the matter of pier scouring, causes and mitigation measures. There are Federal Guidelines that are begin used. There are many unknowns that vary from stream to stream. The pier scour on Bridge #14 is not severe from what they can determine. There are mitigation measures that can be taken. However, if the town opts for a replacement of the bridge, the design will follow the federal guidelines for a 25 year flood and will no doubt be over designed.

4. John Mudgett, CPA, was here on 12/18 to finalize the information for the audit. One question related to the amount due to the town from FEMA and the State for the completed projects. Bridge #32 on Bruce Brook Road (TH#21) is still outstanding. I figured the estimated amounts due to the town and called Andrew Flagg. He and I were fairly close in agreement on the amounts. He indicated that the funds have still not been released from FEMA or the State. He is working on this matter for us. A copy of the information is in your packet.

5. Both Roger Sparks and Doug Brown came in to discuss their plans for the removal of their junk vehicles. Both indicated that it will be more difficult for them to continue the removal during the winter, but they will be able to complete the process in the spring when the ground is no longer frozen. Lt. Wilson has indicated that the investigator has been in contact with LaFlamme/Van Dyke.

6. The budget sheets have the figures discussed at the meeting of 12/05/02 plus other requests received along with the figures from Jim for the Highway Department. Jim and I have also been working on the preliminary Capital Budget and Plan.

Please send all comments, suggestions and questions to info@newfanevt.com