REGULARL MEETING OF THE BOARD OF SELECTMEN
DECEMBER 20th, 2001

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, Lynn Bedell and Richard Marek.
Also Present: Laura Bacon and David Clarkson, Newfane Conservation Commission, Gunther Garbe, Newfane Planning Commission, Edward Druke of the Emergency Management Committee, H.W. Piet van Loon, Zoning Administrator and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Mike Rohan at 7:04 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. CONSERVATION COMMISSION - CELL TOWERS ORDINANCE
Chairman M. Rohan thanked Laura Bacon and members of the Conservation Commission for their work bringing a draft Cell Tower Ordinance, based on a model provided by VLCT, for the Board members to consider. The Board members and Piet van Loon, Zoning Administrator, will review the document for discussion for the meeting of January 17th, 2002.

Laura Bacon indicated that the Conservation Commission has discussed the issue of cell towers with WRC and the Newfane Planning Commission. It has been recommended that the BOS adopt a Cell Tower Ordinance to be in place until the time of the adoption of new zoning bylaw amendments. The Conservation Commission agrees with the Planning Commission stipulation that the Ordinance should be replaced by a cell tower zoning bylaw. In our current Zoning bylaw, antennas are exempt from the 35' height restriction. Cell towers over 20 feet do require an Act 250 permit, but some issues are not addressed in Act 250. The Conservation Commission prepared an Addendum that addresses some issues specific to Newfane.

The ordinance will be reviewed by Piet van Loon and comment on any recommendations that he may have. He will also send his comments to the Conservation Commission and to the Planning Commission. Laura Bacon will ask WRC to look at the addendum prepared by the CC.

P. van Loon did suggest another approach, and that would be to add the cell tower information as an amendment to the current bylaw. The PC would hold a hearing and the BOS would hold a hearing. This did not seem to be an agreed upon solution at this time.

The Conservation Commission will discuss the cell tower ordinance at their meeting of January 10th and the reactions of WRC to the addendum and any comments that P. van Loon may have. The Board will discuss the Cell Town Ordinance at their meeting of January 17th.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. E. Druke indicated that the Emergency Management Committee met at the NewBrook Fire Department to review an Evacuation plan with Brookline and Newfane School directors, NewBrook department members, VT State Police and Sheriff's Department. There next meeting will be January 22, 2002 at the NBFD at 7:00 p.m.

B. E. Druke also indicated that the EMC will be sending out another confidential questionnaire for those needing special assistance during an emergency. A mailing will go out at sometime with the Town Report (mid-February), reappraisal notices (mid-May), or the tax bills (mid-July). He also received a letter from the Vermont Center for Independent Living asking questions relating to information that the EMC may have regarding Vermonters with disabilities and the program available that assists these individuals to remain in their homes. (HAP). E. Druke will have the EMC review the questions and answer those that they have the information for.

4. ROAD BUSINESS
4. A. ROAD COMMISSIONER'S REPORT (See attached report)
(1) Item #4 - J. Anderson reported that he attended the meeting in Brattleboro sponsored by VT Local Roads by Hank Lambert. The town received a copy of the newly revised Manual for Uniform Traffic Control (MUTC) at the meeting. J. Gray has the copy.

(2) Item #5 - J. Anderson also reported that Bill Noyes will be working with the various towns to assist them with their infrastructure inventory. The computer used by the Listers can go to the town garage for their use.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
None of the items listed on the report required any action.

4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were submitted that would require any action by the Board.

4. D. ACCESS/RIGHT OF WAY PERMITS
(1) Item #1 A. of the RC Report - Motion was made by M. Rohan and seconded by R. Marek to sign the Approval to Proceed with the Access/Right of Way permit #A01-15 submitted by Calvin Powling, for a temporary logging access on Grimes Hill Road (TH#5) on lands owned by David Kearney. The conditions of the permit are: No loading of logs during peak traffic times 7 - 9 a.m. and 4 - 6 p.m., men working/caution signs to be put up during time of the loading of logs (both easterly and westerly), and any damage to stone lined ditch to be restored to its original condition. Unanimous.

(2) Item #1 C. Of the RC Report - Motion was made by J. Anderson and seconded by F. Bacon to have a letter written to Mark Powling, logger, and to the property owner, Horace Sikes, on New Road (TH#30) with an Access/Right of Way permit to be completed for a temporary log landing. Unanimous.

4. G. OTHER ROAD BUSINESS
(1) L. Bedell brought up the matter the runoff coming into the Depot Road (TH#2) from the Chandler driveway. It is especially hazardous during the winter months when ice forms. It was suggested that Mr. Chandler be contacted about trying to correct the situation to keep the runoff and mud from coming into the road.

4. E. SOUTH WARDSBORO ROAD (TH#1) (Former Anderson Corner)
The Board has been discussion the matter of trimming back a corner of the South Wardsboro Road (TH#1) across from the former Anderson/August residence since 1997-98. The utility poles have been moved back to allow for the "trimming" of the corner to make the road safer. There are some trees that need to be cut. Wires are involved, so the town may have to hire a professional tree removal service to cut the trees in question. A culvert also needs to be extended. A plan will be developed and the property owners will be contacted for permission to do the project which hopefully will take place in the spring of 2002.

5. C. PROPOSED REVISIONS - WILLIAMSVILLE HALL POLICY
The Board reviewed the proposed changes to the Williamsville Hall Policy. Motion was made by R. Marek and seconded by M. Rohan to approve the Williamsville Hall Policy as amended, and to insert the definition of widely advertised community events in the appropriate place within the document. In favor: M. Rohan, F. Bacon, L. Bedell and R. Marek. Opposed: J. Anderson. Motion passes. J. Anderson indicated that he feels that the requirement to advertise is overly excessive. Others indicated that the advertising requirement would positively extend the invitation to a community event to more people. The Board members also discussed the possibility of changing the time for music to stop from 11:00 p.m. to 10:00 p.m. (See AA Report Items #2.) It was decided to leave the time at 11:00 p.m.

5. D. REVIEW AND DISCUSSION - JUNK YARD ORDINANCE
R. Marek suggested some additions to the model Junkyard Ordinance received from VLCT. These changes will be incorporated into the ordinance for possible consideration of adoption at the January 3rd meeting. A copy of a letter regarding enforcement actions against junkyards, to Dan Darrow, Windham -3 Representative, from Deb Markowitz, Secretary of State, was also discussed. The Agency of Natural Resources will also be contacted about the excess accumulation of junk vehicles (100+) off of Browns Road (TH#45) near a water course and whether this situation comes under the jurisdiction of ANR or the town or both.

8. MINUTES
The minutes if the special meeting of 12/06/01 at the intersection of River Road (TH#15) and Radway Hill Road (TH#4) were reviewed. CORRECTION: Delete the last sentence on first page and change to read: "This solution, although not perfect, may improve the intersection to some extent." Motion was made by F. Bacon and seconded by R. Marek to approve the minutes of the special meeting of 12/06/01 as corrected. Unanimous. The minutes of the regular meeting of 12/06/01 and the special meeting with the Listers have not yet been completed. M. Rohan also reported that Chris Ballou thanked him for letting the Brookline Board know of the meeting as whatever solution is arrived at will have some impact on Brookline. Matthew Beck, engineer, is working on the design for another possible solution.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #3 - The proposal from Welch Masonry for the replacement of the Williamsville Hall steps and walkway have been received. Some members felt that the amount was too high. A grant has been applied for through Historic Preservation for the replacement of the steps. A bid will have to be advertised for the work to be done as the job is expected to be more than $2,000.

10. CORRESPONDENCE
A. A memo has been received from VLCT asking Selectboards to contact their legislators to restore funds to the town transportation fund cuts in time to be used during the upcoming winter months. For Newfane, this means a total reduction of $6,012.62, or $3,006.31 in January and April. A draft letter will be written for Chairman Mike Rohan to sign and send to the town legislators.

B. A letter has been received from the League of Women Voters asking that the Selectboard place a non-binding referendum on the warning for town meeting which would urge the legislature to change Vermont's voting law for statewide elections, which currently can result in no candidate receiving a majority and thus the selection of a governor by the legislature instead of the voters, and replace it with a system that allows voters to rank their choices so that, without the need for a separate runoff election, the candidate preferred by a majority of voters is elected.

Motion was made by L. Bedell and seconded by F. Bacon to all this non-binding referendum question, as suggested by the League of Women Voters, to the town meeting warning. Unanimous.

C. Information has been received from VLCT regarding an Employee Assistance Program Policy Statement. Board members felt that it is something that the town should offer to its employees. VLCT will be contacted about coming to talk with the employees.

D. A letter has been received from Sheriff William Graham which indicates that the hourly rates for town patrols have increased from $22.00 to $24.00 effective July 1, 2002.

E. Windham Regional Commission has adopted a new Regional Plan on October 30, 2001. The second draft, dated September 2001 is the version that was adopted without substantive change. The final printed version will be available n January 2002.

F. Susan Keese will be conducting an Oral History/Memoir/Writing Project for Newfane and is seeking volunteers to serve as scribes starting on January 24th following the monthly Senior Lunch at the Williamsville Hall.

9. PAY ORDERS
Motion was made by M. Rohan and seconded by R. Marek to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
12/08/01 Payroll $ 2,825.71
12/15/01 Payroll $ 3,185.30
12/21/01 Acct's Payable #14 $ 27,407.61 Unanimous.
IRS Electronic Federal Payroll Tax Payments
12/12/01 $ 1,371.47
12/19/01 $ 983.00

6. B. DISCUSSION PRELIMINARY BUDGET PROCESS
M. Rohan indicated that he spoke with Tom Redden of the Newfane Elementary School Board that their budget is expected to go up 5%.

The Board proceeded to review the proposed budget for FY 2003 and insert some figures. The first area of discussion was the amount for the Selectmen's wages. J. Anderson felt that if the hourly wages were increased, there may be a more diverse interest in serving. The amount put in was the same as the past years budget figures. The Board did reduce the figure for the Listers to $12,000 from their recommended $14,000 but did agree to the idea of $10.00 per hour. It has been suggested to the Listers that they consider purchasing a digital camera and possibly a laptop computer with their reappraisal funds.

After discussion, it was decided to wait until FY 2004 to put money into the budget for mapping. There will be a need to have a more powerful computer for the mapping information. There may be another grant available a year from now for the mapping project.

The Board reviewed the first two pages of the budget. J. Gray included budget figures for the highway budget which the Board members will review for the next meeting of January 3rd. The highway budget has been basically level funded.

11. EXECUTIVE SESSION
No matters pertaining to Executive Session topics came before the Selectboard for discussion.

12. ADJOURNMENT
Motion was made by R. Marek and seconded by F. Bacon to adjourn the Regular Meeting of the Board at 10:25 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

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

ROAD COMMISSIONER'S REPORT - 12/20/01

1. PERMITS
* The log landing on Grimes Hill for the Kearney's was reviewed. The sight distances are okay. The stone lined ditch is a problem. Normally a culvert and temporary access would be used, however, with a stone lined ditch this is not really practical. Also in this location it is doubtful that a log truck could get off the road anyway because the level ground is limited. Recommend approve with conditions. Signs for people traveling in either direction, that are only up when logs are being loaded are required. Also no logs should be loaded during commuting times. There are an estimated ten loads to go from this location.

* A proposed (no permit applied for at this time) access on Depot Road was reviewed. The prospective owner is in Bermuda. If he cannot work out something with his neighbor to share that access (which has better sight distances) then we should require that the edge of the road be cut back, at the owner's expense, to obtain the necessary sight distances. This should be an engineered plan.

* The log landing on New Road does not have a permit. Letters should go out to the logger (Mark Powling) and to the land owner (Sykes).

2. FLOOD WORK
* Fitzpatrick has been hauling gravel. This is not the preferred time of year, but it is doable. He is very close to being done and we only need a little more cooperation from the elements. Gravel is the only remaining flood related work that is holding up the small project audit.

3. GUARDRAIL
* About half is installed. Some may end up waiting until spring.

4. MANUAL OF UNIFORM TRAFFIC CONTROL
I went to the seminar put on by Hank Lambert of VT Local Roads. Jim has Newfane's copy of the new manual. Several towns were there and Hank gave a good presentation. Major points:

* There is a one-page sheet with dates for when towns must be in conformance with various provisions. (Stop signs within 3 years is the tightest). If we are not ready in conformance with all provisions then Hank recommends adopting a program wherein a schedule is laid out and signs are upgraded or replaced in stages.

* The Index in the first volume is very good and should take anybody straight to any and all applicable sections.

* Be very glad that we don't have school zones, interstates, traffic signals or railroad crossings, etc.

* Placement of traffic signs is very prescriptive. The distance to the side of the road, the height and the distance from one sign to another (stop ahead to stop for example) are very specific. If you have to deviate (because of ledge, roadside brush, etc.) this should only be done using "Engineering Judgement". This means an Engineering consultant. Hank's advice to the town is to observe how the State interprets this and do what they do.

* Placement of cross walks that are not next to Stop signs, setting of speed limits and other signage decisions are all supposed to be done per "Engineering Judgement".

* White lines on the sides of roads are required if you have more than 3000 vehicles per day (average).

* Our sign suppliers should be in conformance with al size requirements, reflectivity, etc.

* We chose wisely to have 6" letting on our street signs. This will now be required.

5. INFRASTRUCTURE INVENTORY

* Jim and Bill Noyes discussed this and bill is working on an approach that the various towns in his district can use. He plans to assist towns in getting going after the end of the Winter.

6. BUDGET
>* Jim is working on it.

7. EQUIPMENT
* The evaluation of the loader by Caterpillar came back. There is no serious problems with the engine, however, many of the recommendations for routine maintenance should be adopted. The $5,500 repair of bucket linkages should not be done as long as the mechanism is in reasonable good condition.

8. BRIDGE PROJECTS
* Wiswall Hill Wing wall, Brookline Bridge, South Newfane store bridge, Covered Bridge, nothing new.

9. RIVER ROAD/RADWAY HILL INTERSECTION
* Beck to revise plans so as not to require removal of trees to have adequate sight distance; and so as not to cause cars to stack up while coming from Brookline to Route 30; and so as not to cause a sharp turn for cars coming down the hill and going to Brookline.

Road Commissioner, Jesse Anderson

ROAD FOREMAN'S REPORT 12/20/01
TOWN OF NEWFANE HIGHWAY

1. Snow storm occurred on 12/09/01 the first of the season. An ice storm occurred on 12/17/01 making for icy roads lasting into this week.

2. The flood work is nearly completed only some mulching and seeding remains by Fitzpatrick.

3. Road closed signs have been put up on roads that are not maintained in the winter.

4. A. A log landing was put in on the Horace Sikes property on New Road by Mark Powling. A permit has not been applied for. The road is a mess. B. A road access permit has been applied for on Dave Kearney property on Grimes Hill Road for logging purposes. Either a flagman should be provided when loading trucks or signs put up. Truck will be in road.

5. Equipment: A. The base station has been hooked up at the town garage improving reception. B. '90 Mack exhaust system has been replaced along with backing plates for rear brakes. C. The International truck was taken to DeLureys in Hoosiac Falls to check engine warning light and adjust Jacob exhaust brake.

6. The town of Newfane will received $3,006.00 less in the next quarter totaling $6,012.00 for two quarters, per Bill Noyes.

7. Bill Noyes to conduct meeting on Road inventory in each town this winter.

Respectfully submitted,
James O. Gray
Road Foreman

To: Newfane Board of Selectmen Memorandum
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: December 20, 2001

1. Laura Bacon will be at the meeting at 7:00 p.m. to discuss a proposed Cell Tower Ordinance that has been included with your information.

2. Within your information, the Williamsville Hall Policy revisions have been prepared. The items in italics are the changes and the check list page is new. I do remember that the Brissons did ask at one time to have any music stop at 10:00 p.m. instead of 11:00 p.m.

3. A proposal for the replacement of the steps at the Williamsville Hall from Welch Masonry has been included with your information. Amount - $4,495.

4. I spoke with Weber Accessibility regarding the lift at the Williamsville Hall and they may be here tomorrow or next week to look at the problem with the lift. I told them there is a Senior Meal on Thursday at noon.

5. I am still waiting for a call back from Tim Jeffers regarding the hot water heater. I did speak with Jonathan Julian regarding an "on demand" gas hot water heater. He will be bringing in the literature on it. He indicated that the heater was around $400 plus the cost of running a gas line and the installation. The original estimate from Jeffers for what I assume was an electric water heater (40 gal.) was $400.

6. As of 3:30 p.m. today, I do not have the minutes of the Regular Meeting of 12/06/01 or the special meeting of 12/06/01 with the Listers completed. Both have been partially done. I was out for three days last week and a half a day this week. I hope to catch up soon.

7. A Merry Christmas and a Happy New Year to all and a Happy Birthday to Dick Marek on December 29th.

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