JUNE 21, 2021 Selectboard Minutes

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BOARD MEMBERS PRESENT:  Angela Sanborn, Shelly Huber, Ann Golob, and Katy Johnson-Aplin

(7:30 pm joined VIA phone): Mike Fitzpatrick

Others Present:   Jay Wilson, Gloria Cristelli, Chris White, Ken Estey, Dan Dewalt, Fiona Creed Chevalier, Keats Dieffenbach, Thomas Abbotts, Lieutenant Anthony French- VT State Police, Sheriff Mark Anderson – Windham County Sheriff’s Department, Kate Gehring, Michael Cole, Jeryl Julian, Cory & Jillian W. Laura Chapman, John Hagen, Dale, Francine, Melissa Hessney, David & Priscilla Cotton,  Jenny Ray –Commons,  Austin RiceBCTV, and Wannetta Powling.

CALL TO ORDER:  The meeting was called to order at 6:00 pm by Selectboard Chair Angela Sanborn.


Ann Golob made a motion to continue to having zoom (highbred) meetings. Angela Sanborn seconded, motion pass 4/0.

Ann Golob made a motion to remove the Access Permit for Manitou from the agenda, pending appeal of DRB decision. Katy Johnson-Aplin seconded, motion passed 4/0.


  1. June 7, 2021, Regular Meeting

Ann Golob made a motion to accept the minutes of the June 7, 2021, regular meeting. Katy Johnson-Aplin seconded the motion.  Motion passed.


  1. Monroe Bridge is just about finished.
  2. The Depot Rd Culvert update: I should have a new easement document tonight, and Bob Fisher can contact the latest bank to get the easement signed.
  3. The Sand/Salt shed update: Nothing new to report.
  4. Paving was completed near the Covered Bridge.
  5. Guard rail work was completed on Depot Rd. and Stratton Hill Bridge.
  6. I have been working on a truck replacement for the last couple of months of the small F550. I will give you all the details.

Shelly Huber made a motion that $15,000.00 out of capital funds to apply it towards an F600 truck, Katy Johnson-Aplin seconded the motion. Shelly Huber made an amended Motion to move $60,000.00 out of capital funds for the truck, Katy Johnson-Aplin seconded the motion. Motion passed.

  1. I have the new radar sign on its way for RT 30. We have a permit to do with VTRANS for this also.

Ann Golob made a motion to accept the Road Foreman’s Report. Katy Johnson-Aplin seconded the motion. Motion passed 4/0.


I have included the memo I sent out to the Committee and Organizations that help run the Town of Newfane.  Asking them to consider having a yearly plan set in place, with a schedule of things to be worked upon, department meetings with quarterly reporting to let the Selectboard be aware of progress, projects, and accountability.

  • Brittney Clark is the owner of the White with Light tan circles Pit Bull, her father Bart Clark lives at Blueberry Circle. Katy & I spoke with him on Wednesday the June 9.    He said that he would let her know that we needed to deal with these issues. I talked to Annie Gouion WCHS the same day. She had an email address and was going to make attempts to contact Miss. Clark, on our behalf, as of today, I have not heard from Miss. Clark; this was a dog-on-dog attack. Dover Animal Control officer reported that this is a serious issue and that Miss. Clark would need to be issued a violation of the Newfane Dog Ordinance Citation.  A “One Time Given” warning of a Vicious Animal.  The second time somebody could take the dog.  The one exception is Miss. Clark could decide to have her dog trained and receive a graduation certificate.

Shelly Huber made a motion to send a certified letter to the property owner regarding the dog incident. Ann Golob seconded. Motion passed.

  • Sheriff Mark Anderson will be attending the June 21, Selectboard meeting to discuss the Regional Animal Control (RAC) program that will begin July 1.
  • I spoke with the attorney at VLCT regarding if sharing the VLCT training with the public would be allowed. Unfortunately, this information is provided only to the PACIF Municipality members.

Ann Golob made a motion to accept the Administrative Assistant’s report. Shelly Huber seconded.

 Motion passed 4/0.

COMMITTEE REPORT: Ken Estey – Chair of the Planning Commission

Planning Commissioners are advancing with scheduling the three public meetings.

1.)    July on Zoom.

2.)    In-person

3.)    In-person

In person, we solicit, welcome, and encourage public involvement to consider building economic sustainability, housing, community building, and Transportation. With the certainty of funding from ARPA and grants, the Commissioners will merge information before presenting it to the Board.


Lieutenant Anthony French- VT State Police (VSP) – was present to review the pending contract renewal with Newfane. They compared the 2019-2020 contracts with a town budget of $10,500 allowed for 2.5 hours dedicated to Newfane.  The $12,500 budget increases the service hours to 3.10 at the rate increase from $74.71 to $77.41 per hour. “Speeding is a problem in all thirty Town’s VSP cover. If we end up appearing in criminal court or traffic court, the time falls on us, which is how it has been in the past. “Law Enforcement staffing is down in every law enforcement agency in the country. VSP are on call all hours of the need.  Emergency need call comes in we respond.  If additional troopers are needed, this will also be on the VSP. “The Admin ran status of Newfane calls, Zero (0) -Home Invasions, three (3) – Burgerlies, one (1) – vandalism, six (6) – other thefts.  With some arrests resulting.”

Discussion ensued with public participation.

Sheriff Mark Anderson – Windham County Sheriff Department (WCSD)

(Via zoom) Sheriff Anderson presented (WCSD) contract options with the Town of Newfane. For hours less than – 2,000 would result in a rate of $52.00 per hour; at the Newfane’s Law Enforcement budget of $12,500, it would work out to be 240 hours or 4.6 hours per week. Contracted hours greater than +2,000 annually would be at a lower rate. Funds from the contract will defer the expense of patrol cars, fuel, and insurance not covered by the department’s other funding sources.  Board –member asked what the regular hours of operations?  “Hours of operation for most Towns choose patrol between the hours of 10 am -6 pm; however, it is what best suits the needs of the Town.” The WCSD currently contracts with twelve other Towns.

Since 2007 the department has been working on following and developing professional regulation accountability standards, which are the same standards VTSP follows.  Any complaints go directly to my Capitan, who handles internal affairs investigation. Other outside resources are available if you feel that things do not get handled properly.  A thirty-day notice would be required to terminate this contract if the Town was unsatisfied with the service provided by WCSD.

Discussion ensued with public participation.

Shelly Huber made a motion to award the 2021-2022 Law Enforcement Contract to Windham County Sheriff’s Department. Ann Golob seconded. Motion passed 4/0

Shelly Huber made a motion to authorize Selectboard Chair Angela Sanborn to sign the new contract. Ann Golob seconded. Motion passed 4/0

Sheriff Mark Anderson – Windham County Sheriff Department (RAC) Regional Animal Control

(Via zoom) Sheriff Anderson presented an overview of the Regional Animal Control Program begins July 1, 2021.  The Model of Understand (MOU) was not back from the WCSD attorney due to COVID and some delayed town meetings. Sheriff Anderson expected this any day and would forward it immediately for the Board to review. RAC expects to release the burden on Newfane and the three other Towns that are the program’s originators. Once the program has proven itself, others are encouraged to enroll.   Newfane will fill the animal control vacancy and maintain the authority to pursue things not covered by the MOU.

(7:30 pm joined VIA phone): Mike Fitzpatrick

Ken Estey – June 7 Meeting reflection and protocols – I would like to reflect on the actions from two weeks ago when a public member stood up and took off their mask, turned around, and addressed a colleague. It felt as though it was an attack. While others were speaking, they remained seated with masks in place.  They remained respectful; the same rules need to apply to everyone. “

“To me, it felt aggressive, and the behavior felt disrespectful. I’m concern, sad, and disheartened since this happened. I wouldn’t want anyone to feel this way.  Key elements that one expects when attending public meetings are proper protocols and equity under which meetings can occur.  Selectboard (meetings) is a place where one should feel safe to be; creating best practices of public meetings allows others to remain respectful and comfortable to express their feelings and concerns to each other even though opinions differ. I urge you (the Selectboard) to have specific rule protocols and best practices in place so that everyone can say we may disagree, but we all care about each other as a Town and looking out for each other.”

Discussion ensued.

Angela Sanborn shared with the public a portion from the Rules of Procedures Policy concerning public participation.

Shelly Huber made a Motion to readopt the Rules of Procedures. And to have copies available when there is a meeting held.  Mike Fitzpatrick seconded. Motion passed 5/0

Chair of the Selectboard Angela Sanborn read the “Rules of Procedure” public participation in the recordings.


  1. All meetings of the body are meetings in the public, not of the Members of the public shall be afforded a reasonable opportunity to express opinions about matters considered by the body, so long as the order is maintained according to these rules.
  2. At the end of each agenda item, but before any action is taken by the public body at each meeting, there may be 5 minutes afforded for open public By majority vote, the body may increase the time for open public comment and its place on the agenda.
  3. Comment by the public or members of the body must be addressed to the chair or to the body as a whole and not to any individual member of the body or
  4. Members of the public must be acknowledged by the chair before
  5. If a member of the public has already spoken on a topic, he or she may not be recognized again until others have first been given the opportunity to
  6. Order and decorum shall be observed by all persons present at the Neither members of the body, nor the members of the public, shall delay or interrupt the proceedings or the peace of the meeting or interrupt or disturb any member while speaking. Members of the body and members of the public are prohibited from making personal, impertinent, threatening, or profane remarks.
  7. Members of the body and members of the public shall obey the orders of the chair or other presiding The chair should adhere to the following process to restore order and decorum of a meeting but may bypass any or all steps when he or she determines in his or her sole discretion that deviation from the process is warranted:
    1. Call the meeting to order and remind the members of the applicable rules of
    2. Declare a recess or table the
    3. Adjourn the meeting until a time and date
    4. Order the constable to remove disorderly person(s) from the

 Shelly Huber made a motion to sign and readopt the Rule of Procedure. Mike Fitzpatrick seconded.  Motion passed 5/0


Angela Sanborn asked the board members if they wanted to entertain a time limit for public members to allow everyone time to speak.

Shelly Huber made a motion for one (1) minute for the public to address the Selectboard. Mike Fitzpatrick seconded.   The vote 2/3 motion did not pass.

Ann Golob made a motion to allow three (3) minutes; they have made an effort to be here, and we need to listen. Katy Johnson –Alpin seconded. The vote 3/2 motion passed.

Brenda Siegel – Braver Angels / Anti-bias is not bipartisan.

Joseph Runge – Anti-bias is just a flowery word, use of dog whistles.

Dan Dewalt– Demographically, people still don’t feel safe by expanding awareness.

Deborah Luskin –Thankful for the training opportunity; today’s training was sobering.

Bill Martin– To learn from it.

Thomas Abbotts– Is the Town putting out literature by way of endorsement?  Some may be fearful of losing their jobs.

Ann Golob– I wish to reiterate these classes are voluntary.  No one will be or is targeted. However, we intend to compile a summary to share after we complete these three VLCT trainings.

Priscilla Cotton – Thank you.  As volunteers, David & I would be willing to complete these pieces of training.

Dan Dewalt– Perhaps someone (highway department) misunderstood or was given incorrect information.

Katy Johnson- Aplin– Training links could be made available on the website.


Newfane COVID 19 Restrictions- Newfane Selectboard is working with Brattleboro Community Television (BCTV), and they will continue to follow COVID 19 Safety & Health Guidelines until further notice.

American Rescue Plan Act (ARPA) -Ann Golob

“It was noted that we could spend ARPA funds to replace lost revenue. Melissa Brown took a look at the formula for calculating the loss and wrote:

I’m looking over these figures, and the one sentence that catches my eye is, “If actual revenues collected exceeds calculated projected, then no revenue loss for that year.” For FY20 and FY21, we have gone over our projected amounts in revenue and collected $100,000-300, 00.00 more than we budgeted. I believe that this would make us ineligible for the “Loss of Revenue.”

Timing: The State will be requesting their funds from the Federal government the week of June 23; once they have made that request, towns (and villages) have 30 days to request their funds. If funds are not requested, they will revert to the State.

It is expected that we will need to begin reporting on October 31; a reporting portal is being built by the US Treasury working with the National League of Cities. More reporting guidance will be shared when it becomes available.

Funds: The current fund that we will be receiving from the State is about $157,000. (There are also funds for the village of Newfane that need to be requested separately from the Town.) There is a second round of monies that will be coming – the feds have allocated funds to counties. But Vermont doesn’t have a system of governance at the county level, so our state representatives are working with the feds to have those monies allocated directly to the towns. We don’t know when those funds will become available. From my initial conversations with Representative Peter Walsh’s office, they estimated the monies would be approximately $97,000.00.

As we consider projects to funds with ARPA, there will also be three big pools of monies that will be made available by the State for projects related to clean water, broadband, and housing. VLCT cautioned that before a town decides to spend money on these three types of initiatives, check to see what you can get from the State funding first.”

Shelly Huber made a motion to have Melissa Brown, Treasurer, to be the Designated Town Representative, Katy Johnson-Aplin seconded. Motion passed.

Japanese Knot Weed- Gloria Cristelli-

Will be Rescheduled




Thomas Ely – Opinion

Elizabeth Erickson – Opinion

Bert Picard – Opinion

Juliette & Henry Carr- Opinion

Stanley Noga Jr- Opinion

Joseph Runge – Opinion

Richard & Lorraine Westcott – Opinion

Jim Sinon – Opinion

Gloria Cristelli – Concerns of behavior

West River Valley Mutual Aid Working Group –List of resources for training.

*** Open Meeting Law The information is available to the public at the Town of Newfane Office, Administrative Assistants files.


Not needed


  1.   Payroll Warrant No #11518                         Amount $ 4,602.23
  2. Payroll Warrant No #11519                           Amount $  4,530.94
  3. Account Payable No # 21026                        Amount $    38,442.39

Shelly Huber made a motion to approve pay orders. Angela Sanborn seconded the motion.

Motion Passed.


Katy Johnson-Aplin made a motion to adjourn. Meeting adjourned at 9:20 pm

Respectfully Submitted

Administrative Assistant

Wannetta Powling