Author Archives: Wannetta Powling

   Monday April 5th, 2021 Meeting TOWN OF NEWFANE BOARD OF LIQUOR CONTROL

CALL TO ORDER:

Angela Sanborn called the meeting to order at 8:47 pm.

  • BUSINESS:
  • License Renewal Applications
  1. GB5, LLC (Tree House Village Inn)

Katy Johnson-Aplin made a motion to approve license renewal application for GB5, LLC (Tree House Village Inn) Mike Fitzpatrick seconded the motion.  Motion passed.

  1. Joed, Incorporation (Rick’s Tavern)

Mike Fitzpatrick made a motion to approve license renewal application for Joed, Incorporation (Rick’s Tavern)

Katy Johnson-Aplin seconded the motion.  Motion passed.

 Ann Golob made a motion to adjourn. Meeting adjourned at 8:50 pm.

Respectfully Submitted

Administrative Assistant

Wannetta Powling

Monday April 5th, 2021 Selectboard Meeting

 To join (Zoom) information https://zoom.us/j/2642477645?pwd=MTVUZGRMSFJ4MXpMcFhNN0JBNk0yZz09  

BOARD MEMBERS PRESENT:

Angela Sanborn, Shelly Huber, Mike Fitzpatrick, Ann Golob and Katy Johnson-Aplin

OTHERS PRESENT:

Jay Wilson, Melissa Brown, Jane Douglas, Lynn Forrest, Henry & Juliette Carr, Peter Novak, Walter & Emily Hagedorn, Kate Gehring, Austin Rice -BCTV and Wannetta Powling

CALL TO ORDER:

The meeting was called to order at 6:00 p.m. by Selectboard Chair Angela Sanborn.

ADDITIONS/AMENDMENTS TO AGENDA:

Angela Sanborn made a motion to move the Correspondence to Old Business with Dog complaint.

 APPROVAL OF MINUTES:

  1. January 18, 2021 Regular Meeting

Mike Fitzpatrick made a motion to accept the minutes of the January 18, 2021 Regular meeting. Shelly Huber seconded the motion. Motion passed.

  1. February 28, 2021 Public Hearing

Mike Fitzpatrick made a motion to accept the minutes of the February 28, 2021 Public Hearing. Angela Sanborn seconded the motion. Motion passed.

  1. February 28, 2021 Board of Liquor Control

Mike Fitzpatrick made a motion to accept the minutes of the February 28, 2021 Board of Liquor Control. Angela Sanborn seconded the motion. Motion passed.

  1. March 1, 2021 Informational Meeting

Shelly Huber made a motion to accept the minutes of the March 1, 2021 Informational Meeting.

Mike Fitzpatrick seconded the motion. Motion passed.

  1. March 15, 2021 Regular Meeting

Ann Golob made a motion to accept the minutes of the March 15, 2021 Regular Meeting.  Katy Johnson-Aplin seconded the motion. Motion passed (Mike Fitzpatrick Abstained.)Discussion ** Lister Vacancy was omitted from previous Administrative Assistant report, from the March 15th minutes.

ROAD FOREMAN’S & ROAD COMMISSIONER’S REPORT:

  1. The bridge work on Monroe Bridge is continuing, they have removed pavement on almost half the bridge. Daniels is scheduled to pour concrete for the joint repair tomorrow. We will be meeting there with VTRANS on Wednesday to jack hammer a couple of spots to check the concrete on the existing deck. If we find spots that need repair, I will ask for a special meeting to discuss it with the board.
  2. The Depot Rd Culvert update: Nothing new to report.
  3. Mud season is starting to improve on all but a couple roads.
  4. The Sand/Salt shed update: Nothing new to report.
  5. You should have the VTRANS Annual Financial Plan to sign and the Certificate of Compliance to sign.
  6. River Rd. bridge is having the approaches redone by Daniels Construction at no cost to the town. That work should start soon.
  7. This is the year we re-paint the white line on the blacktop. We have pricing from Poirier Line Stripping $.065 per foot. And L&D Safety marking for $.07 per foot. I would recommend Poirier they are a little less expensive and seem to do a far better job.

Shelly Huber made a motion to have Poirier Line help stripping @$0.065 cents per foot. Katy Johnson-Aplin seconded the motion. Motion passed.

  1. We have 3 prices on our crushed gravel Fitzpatrick Excavating was the low price at $16.00 per yd. delivered. We have been getting that gravel and the quality is very good.

Discussion ensued.

Shelly Huber made a motion use Fitzpatrick Excavating for gravel, Ann Golob seconded the motion.

Angela Sanborn asked if Fitzpatrick Excavating has turned in all paperwork required. Per Wannetta, the Subcontracting Agreement has not been received. Our current insurance does not expire until the end of April 2021. Since the Town of Newfane is listed as an additional insured party, when the policy is renewed the town will automatically be maintained as an insured party.

Motion passed (Mike Fitzpatrick Abstained).

  1. The Selectboard needs to write a letter to VTRANS requesting the implementation of the recommendations from “The Traffic Safety Audit” for RT 30 in Newfane village. Dynamic stripping at the entrances to the Village. Request locations for Radar feedback signs at each end of the village. Additional 30 mph sign in the village south bound opposite the existing 30 mph at mile 3.296 Evaluate “Hidden Drive” signs for 631-638 VT RT 30. The next two were discussed at the safety audit meeting but are not included in the report. Establish a “No Passing Zone” for Newfane village Addition of “Pedestrian Caution” signs. Newfane will be applying for a pedestrian scoping study grant to assist us with locating cross walks and developing a plan for sidewalk improvements.
  2. I had written to Pam Thurber from VTRANS with concerns from the bridge inspection report about the Green Iron Bridge in So. Newfane. The state had assumed responsibility for major repairs after Irene and the town does routine maintenance.  I have copied her response below.  This bridge is the truck detour because of the covered bridge, I have asked Windham Regional Commission to look at this bridge to see if it can be moved up in ranking.

Good afternoon Jay, 

Based on the last inspection, done in 2020, the bridge’s superstructure continues to corrode with heavy rust scale, pitting, and perforations and was rated in an overall fair (5) condition.  The bridge’s load rating has been re-evaluated, taking into account the extent and location of deterioration, and determined to not significantly affect or require reduction of the 24,000 pound legal load limit.

With input from towns and regional planning commissions (RPCs), bridges located on town highways are prioritized for programming and funding based on many factors and it is important that the town continue to voice their desire to rank this bridge high in priority for consideration.  Upon selection, as per the agreement and its conditions, the Agency would be responsible for all necessary rehabilitation or restoration costs for the bridge.  With over 1,600 town bridges competing for resources when this might happen cannot be determined.

Until the bridge’s priority becomes such that a project is selected, the town should continue to perform preservation treatments such as sweeping, cleaning, and washing the bridge of any deposits or debris, maintaining smooth approach transitions to reduce impact, maintaining approach and bridge rails for safety, trimming back trees and brush, enforcing the posting to not overstress the bridge, and sealing cracks to slow or prevent salt laden water and moisture from getting to the superstructure members and bridge seats accelerating deterioration.

 Please let me know if you have additional questions.  Regards, Pam

 When does the letter need to go to VTrans?  No deadline stated. Discussion ensued on the study for the Village of Newfane area and the Grant. The Selectboard has approved to apply for the Grant, this would happen in April per Jay.

Across from the S. Newfane General Store the guardrail has come up out of the ground. This happened when the snow was pushed back. The company that does the guardrail work will fix this during this summer.

 Mike Fitzpatrick made a motion to accept the Road Foreman’s Report. Shelly Huber seconded the motion.  Motion passed.

 ADMINISTRATIVE ASSISTANT’S REPORT:

  • The Hazard Mitigation Zoom information for the two upcoming meetings April 12th & April 21st have been added to the website and placed on Front Porch Forum as well as the information on the Ash Borer Infestation.
  • Training: I have enrolled in a series of financial trainings sponsored by the Vermont State Auditor’s Office. These trainings are offered free to municipalities. The first Zoom class is Tuesday April 6th and the series will conclude in November.
  • I am taking an on-line class to improve my writing skills. You will continue to see improvements in this area.
  • I have been asked by the DRB to create the zoom link for the public hearing on April 28th for the By-Law Amendment for the Natural Burial Ground on Sunset Lake Road. This information is available on the Town website.
  • There was a complaint of illegal dumping of trash on Loop Road.  Jay was able to place a sign within a short period of time; no other dumping has been reported.
  • I have completed this year’s registration for System for Award Management (SAM) this qualifies Newfane to apply for federal grants and emergency funding.

 There is a requested for a change in (health & dental) insurance coverage. I need to get a clarification from the Board in order to process this change. Will the Board agree to the current 80% -20% split on the insurance regardless of the type of plans chosen? (Family, Single, Adult & Spouse, Adult & Child)

 Treasure confirmed this information was on dental only. The amount per monthly paid by employee

 Employee 20%                                                                        Employer 80%

Family plan $ 33.15                                                                   Family plan $ 132.62 

Two-person plan $ 18.84                                                        Two-person plan $ 75.32       

Single person plan   $ 9.82                                                     Single person plan $ 39.30

 There was discussion about the cost and breakdown for monthly costs. The two-person plan has never been used by Town Employees.

 Mike Fitzpatrick made a motion to accept the 80/20 split for dental on any plan regardless of plan chosen. Shelly Huber seconded the motion.  Motion passed.

 Mike Fitzpatrick made a motion to accept the Administrative Assistant’s report. Shelly Huber seconded the motion.  Motion passed.

 TREASURERS REPORT / DELINQUENT TAX COLLECTOR’S REPORT

  • Payroll Audit is complete. I am still waiting to hear back from VLCT with the results. VTrans requested a Sub-recipient Monitoring Report. They emailed me the list of paperwork that was needed from 2018-2021. This is a monitoring review for grants that the Town of Newfane has received from VTrans in which they received the funds from the Federal Government. This is completed and we received the exit letter with excellent with no findings or concerns.
  • Vermont Bond Bank (US Bank) requested an Annual Financial Reporting and an Annual Post Issuance Compliance Checklist. Both have been completed. This is in regards to the Bond we have taken out for Bridge 14.
  • Town Properties – Walter Hagedorn is interested in purchasing two town owned properties. These two properties were previously advertised to bid on and nobody purchased them. He dropped the letter off to me and I forwarded it to Wannetta. If you decide to accept his offer we will have to contact Attorney Bob Fisher to do a Purchase and Sales Agreement and advertise the sale for 30 days. We do not need to go through the bid process again. If nobody objects to the sale of the two properties, we can sell them.

Angela Sanborn read the letter written to the Selectboard from Walter Hagedorn indicating what he would like to do with the properties.

Shelly Huber made a motion to accept the offer made for both Town owned properties from Walter Hagedorn. Ann Golob seconded the motion. Motion passed.

  • Tax Sales – I will begin processing tax sales in April. I will provide the board with a list of properties going into tax sale at the April 20th meeting. I have one from Kenolie Village Campground that has not been paid since 2013. I would like to put that camper into tax sale if the board agrees. We would have to purchase a tire boot for this tax sale, to purchase tire boot $35-$75.

Shelly Huber made a motion to do tax sale on the camper at Kenolie Village Campground. Ann Golob seconded the motion. Motion passed.

Purchase of tire boot is below required minimum for needing approval. Consensus is to purchase the piece of equipment, and to work with road crew or State of Vermont Police on installation.  

  • I also have two properties (Located on Railroad Lane and at Grimes Hill Road) that the owners have passed away and the families don’t want them. If I sell them at tax sale, the Town of Newfane would have to pay for the attorney fees due to the fact that they don’t owe that much in taxes. One property is five years behind but only owes $200 approximately. Both properties are small and don’t pay a lot per year in taxes. Is this something the board would like to go through with or wait another five years or more?

Discussion ensued about the Town Attorney’s fees for tax sales. Board asked for clarity on billing and to look at the contract with the Attorney. Katy Johnson-Aplin asked if neighbors would be interested in property.  

Further information will be provided regarding tax sales on April 19th meeting.

Mike Fitzpatrick made a motion to accept the Treasures Report. Ann Golob seconded the motion.

Motion passed.

COMMITTEE REPORT:

Planning Commission

Jane Douglas was present to introduce Peter Novick for a one (1)-year appointment as the Town of Newfane’s second (2nd) alternate representative to the DVFiber board.  Peter currently lives on Daniels Hill Road having moved here from Washington DC.  Having to rely mostly on ADSL as the current internet source, he is willing to help achieve getting more Broadband.

Mike Fitzpatrick made a motion to appoint Peter Novick as the second (2nd) representative alternate for the Town of Newfane to the DVFiber. Shelly Huber seconded the motion.  Motion passed.

Jane Douglas questioned what best serves Newfane’s interest when a vote is called.  “Affordable Service” or “Faster Installation” timeline information could possibly be three (3) to four (4) years out before homes would have Broadband service. The board has received many bids from companies.  It would seem that a balance is needed to be achieved between these two alternatives and to be sure that we are achieving the most effective process which would allow for success and meeting everyone’s expectations.

Shelly Huber asked Lynn Forrest from the Planning Commission if she had any information from the survey that was done a few years ago. Lynn said that question was not asked but there was a survey done by another group and she would try to get that information for the Selectboard.

Windham Regional Commission may have additional survey information available. More information is needed for the Board to make an informed decision.  This will be a future agenda item.

SCHEDULED MEMBERS OF THE PUBLIC:

Walter Hagedorn –Offer to Purchase 2 pieces of Town Owned Property

 Action was taken in the Treasurers Report.

UNSCHEDULED MEMBERS OF THE PUBLIC:

None

OLD BUSINESS:

Status of Animal Control Complaint – Mr. Fitzpatrick Reporting; He was provided by the dog owner the photographic proof that the three dogs were on leashes. The dogs are on runs and do not leave the property right now and that this Spring would have a fence.

Angela Sanborn read Henry Carr’s letter from March 21st, 2021 “despite our repeated requests for safety from vicious dogs repeatedly running at large and attacking people in their own yards.”  “This is not the sort of relationship that we expect to have with our neighbors or with our Town Government, but you leave us no choice, as you inexplicably have not made arrangements to have an Animal Control Officer(ACO) from somewhere cover the town.”

There was discussion about previous aggressive behavior of the dogs. Wannetta mentioned that one of the dogs that went after a small child in a neighboring home had bit the child, but it did not break skin since the child was wearing a snowsuit. On another occasion, the dog went after the neighbor’s husband in an aggressive manner but there was no physical contact. The Board is looking for documentation confirming an emergency room /doctor’s visit for Gordon (Bummy) Turner Sr. of Marlboro and his account of the incident of the alleged dog bite. 

To be fair to the owners of the dogs, and the Carr family, the Town has a need for a professional ACO to mediate the process of complying and maintaining the safety of the dogs and the neighbors. Ann Golob asked for more information on where we are with the Animal Officer. Wannetta stated that the program with the Windham County Sheriff’s Department will not start until July 1. Board discussed using an ACO from neighboring Towns. The Board requested that the Administrative Assistant contact Dover to see if their Animal Control Officer was available to help Newfane until July 1st, 2021 when the Regional Animal Control (ACO) contract with Windham County Sheriff’s Department could be in place. 

It was discussed whether written notice should be sent to residents of Beech Tree Lane, Stratton Hill Road and Dover Road advising neighbors to be aware of the dogs, note the location where they were seen and to please notify the Administrative Assistant at the Town office of any dogs being unattended or roaming freely.  The Board will send a second letter to Stephanie Leis & Jason Gechter requesting them to perform measures that are outlined in Newfane’s Animal Control Ordinance. 

Henry and Juliette Carr had constructed 100’s of feet of welded fence in an effort to prevent the dogs from coming directly on their property; it does not prevent the dogs from coming around the end of the fence.  The Carr family thanked the Board for taking this issue seriously and being willing to take enforcement action.

 

Re-Adopt- or -Amend

Personnel Policy, Selectboard Rules of Procedure, Financial Policy and Conflict of Interest Policy   Shelly Huber made a request to table Reviewing the Policy’s until April 19th meeting.  The Board was in full agreement.

 

NEW BUSINESS:

  1. Discuss Ideas in the Town Plan –Ann Golob

After reviewing the 2018 Town Plan, Ann Golob was impressed with the proposed plan, and would like to see what funds are available to start working on the goals in the Town Plan. Also interested in attracting commercial business to help revitalize the community and to stimulate the Economic Development of the area villages and Town of Newfane.  Ann Golob will plan on attending the April 8th Planning Commission meeting and report back to the Selectboard on a process to begin defining our short term/long term development goals.

CORRESPONDENCE:

1.      Carr Family expressing concerns for following up with dog complaint.

Amendment was made to move this to Old Business.

EXECUTIVE SESSION:

Executive Session under Title 1 V.S.A. 313(a) (3) the evaluation of an employee

Angela Sanborn made a motion to enter executive session under Title 1 V.S.A. 313(a) (3) the evaluation of an employee. Ann Golob seconded the motion. Motion passed.

The Board entered Executive Session 8:21pm

Ann Golob made motion to leave executive session and Shelly Huber seconded at 8:21.

Result is that no decision made.

 

PAY ORDERS:

  1. Payroll Warrant No. #11506          Amount $ 3,951.55
  2. Payroll Warrant No. #11507          Amount $ 4,108.02
  3. Payroll Warrant No. #11508          Amount $ 5,685.75
  4. Account Payable No. # 21020 Amount $ 54,315.80
  5. Account Payable No. # 21020 A Amount $       71

ADJOURN:

Shelly Huber made a motion to adjourn. Meeting adjourned at 8:46 pm.

Respectfully Submitted

Administrative Assistant

Wannetta Powling

 

 

 

 

Selectboard Agenda April 5th, 2021

Join Zoom Meeting   https://zoom.us/j/97227911757?pwd=TEd4YmdKMzJUd3NaTERhVUFOWWsydz09 Meeting ID: 972 2791 1757   Passcode: 352680 One tap mobile +13017158592, 97227911757#,,,,*352680# US (Washington D.C)

CALL TO ORDER

ADDITIONS/AMENDMENTS TO AGENDA

APPROVAL OF MINUTES

  1. January 18, 2021 Regular Meeting
  2. February 28th, 2021 Public Hearing
  3. February 28th, 2021 Board of Liquor Control
  4. March 1st, 2021 Informational Meeting

ROAD FOREMAN’S & ROAD COMMISSIONER’S REPORT

ADMINISTRATIVE ASSISTANT’S REPORT

TREASURERS REPORT / DELINQUENT TAX COLLECTOR’S REPORT

1.        Tax Sale

2.        Dental Insurance for Town Employees

COMMITTEE REPORT

Planning Commission

1.        Appointment Broadband Alternate

SCHEDULED MEMBERS OF THE PUBLIC

  1. Walter Hagedorn –Offer to Purchase 2 pieces of Town Owned Property

UNSCHEDULED MEMBERS OF THE PUBLIC

OLD BUSINESS

1.        Re-Adopt- or -Amend

  •  Personnel Policy
  • Conflict of Interest Policy
  • Selectboard Rules of Procedure
  • Financial Policy

2. Discussion of the Dog Complaint – Mike Fitzpatrick (Photos Included)

NEW BUSINESS

  1. Discuss Ideas in the Town Plan –Ann Golob

CORRESPONDENCE

Carr Family expressing concerns for following up with dog complaint

EXECUTIVE SESSION

Title 1 V.S.A 313 (a) (3), The evaluation of an employee.

PAY ORDERS

  1. Payroll Warrant #11156            Amount $ N/A
  2. Payroll Warrant #11157            Amount $ N/A
  3. Payroll Warrant #11158            Amount $ N/A
  4. Account Payable # 21020 Amount $ N/A

 

ADJOURN

TOWN OF NEWFANE BOARD OF LIQUOR CONTROL

CALL TO ORDER:

BUSINESS:

License Renewal Applications

  1. GB5, LLC (Tree House Village Inn)
  2. Joed, Incorporation (Rick’s Tavern)

Hazard Mitigation Plan Public Meeting April 12th and April 21st, 2021

Update of the Newfane
Local Hazard Mitigation Plan
Public Meeting Announcement

Local Hazard Mitigation Plan

2 Meeting Dates: April 12th and April 21st, 2021
Time: 6:00-7:30 PM

Via Zoom
See Newfane Town website for meeting details

Come learn about and help to update Newfane’s Local
Hazard Mitigation Plan! What hazards does the town face?
What actions can the Town take now to lower vulnerability
before the next natural hazard strikes?

For more information, contact:
Margo Ghia at 802-257-4547 x116 or mghia@windhamregional.org

Amended Draft Minutes March 15st, 2021 Selectboard

 To join (Zoom) information https://zoom.us/j/2642477645?pwd=MTVUZGRMSFJ4MXpMcFhNN0JBNk0yZz09
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BOARD MEMBERS PRESENT: Angela Sanborn, Shelly Huber, Ann Golob and Katy Johnson-Aplin
Absent: Mike Fitzpatrick

OTHERS PRESENT:
Jay Wilson, Dan Dewalt, Jane Douglas, Lynn Forrest, Juliette Carr, Austin Rice -BCTV and Wannetta Powling
CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Selectboard Chair Angela Sanborn.
ELECT VICE-CHAIR:
Angela Sanborn nominated Ann Golob for Selectboard Vice Chair. Katy Johnson-Aplin seconded.
Motion Carried 4/0

ADDITIONS/AMENDMENTS TO AGENDA:
None

APPROVAL OE MINUTES;
1. January 18, 2021 Regular Meeting
2. February 28, 2021 Public Hearing
3. February 28, 2021 Board of Liquor Control
4. March 1, 2021 Informational Meeting
5. March 4, 2021 Organizational Meeting
Ann Golob made a motion to accept the minutes of the March 4′ 2021 Organizational Meeting. Shelly Huber seconded the motion. Motion passed 3/0. Katy Johnson-Aplin abstained.
Additional Minutes were tabled until April 5 while the Selectboard determined the correct method for approving minutes from the previous board, Wannetta to follow up with VLCI

ROAD FOREMAN’S & ROAD COMMISSIONER’S REPORT:
1. The bridge work on Monroe Bridge is starting again this week. It will have traffic signals and be one lane of traffic for the duration of the repairs. I think we should consider some additional work to remove the pavement and put a rubber membrane down and repave the bridge, this will allow a good look at the .rest of the cement deck so see if additional repairs are needed. It will also give us a better finished surface and extend the life of the bridge.
Shelly Huber made a motion to approve the additional cost of $50,000 for a rubber membrane & labor for repairs to Monroe Bridge. Ann Golob seconded the motion. Motion passed 4/0
2. The Depot Rd Culvert update: The bank that purchased the property @254 Depot Road is considering our easement but wants to be compensated. I have sent the valuation form to the state for review. The additional cost of Compensation for the Town would be $66.00; the only other alternative would be to claim it with Eminent Domain.
3. Mud season has-taken a short break but will be returning later in the week. We have been out at night working the mud when the temperature is right.
Selectboard Chair Angela Sanborn mentioned the condition of Wiswall Hill Road. Jay mentioned that crushed Stone has been added to firm up the road.
4. The Sand/Salt Shed update: Nothing new to report. The plans have now gone to the State for their approval, this may take a few weeks to hear back.
· 5. • I need the State of VT road posting notice posted in two (2) places in town. This enables us to post roads during mud season. The Vehicle Weight Posting locations were approved for the Town Office and Williamsville Post Office.
Ann Golob made a motion to accept the Road Foreman’s Report. Katy Johnson-Aplin seconded the motion. Motion passed 4/0

ADMINISTRATIVE ASSISTANT’S REPORT:
• The security camera here in the Board Room was replaced last week. Due to a wiring issue (MICE.)
• I sent out the 2021 appointment letters for the Committees & Organizations here in Newfane, today I received back ten (10) accepting/ two (2) declining. There are three {3} vacancies which are: Town Energy Coordinator, Animal Control and an additional representative to the Windham Regional Commission. Anyone interested in being appointed, should contact the office for further information. ·
Ann Golob requested an appointment as Newfane’s representative to the Windham Regional Commission.
Angela Sanborn made a motion to appoint Ann Golob as Newfane’s representative to the Windham Regional Commission. Katy Johnson-Aplin seconded. Motion passed 4/0
• I have spoken with the remaining three (3) contractors that have provided services for the Town of Newfane, asking them to return the completed forms for our Payroll Audit.
• The changes in the posting locations have been working so far. I have received 2 Thank you emails today. regarding our posting on Front Porch Forum.
• I would hope to see an increase in viewers joining the Selectboard meetings.
• Tuesday morning, I will join a scheduled Zoom meeting with Sheriff Anderson and the four or five area towns regarding the Regional Animal Control. I will report back to the Board on any progress. The Board requested an update memo regarding the information from the zoom meeting ..
• Reminder the Selectboard Institute webinar is scheduled here from 9-12:15 on Wednesday March 24th
• There will be a Zoom Informational Meeting on Tuesday 23rd @ 7pm for the School Budget Vote. Newfane voting will be at NewBrook Fire Department on Wednesday March 24th from 9am-7pm. “Please, remember to VOTE!!
Ann Golob made a motion to accept the Administrative Assistant’s report. Shelly Huber seconded the motion.
Motion passed 4/0

COMMITTEE REPORT:
Jane Douglas was present to ask for~ one (1)-year reappointment as the Town of Newfane’~
representative to the DVFiber CUD and to elect Luke Stafford as the Town of Newfane’s alternate. Ms. Douglas said that there are currently70 ·volunteers working very hard to provide accessible internet service to the underserved areas. A feasibility and energy study of six (6) towns shows that there are more disadvantaged towns/areas than Newfane. Newfane currently has 72% of the population with some form of internet access.
Shelly Huber made a motion to reappoint lane Douglas for a one {1)-year term, as the Town of Newfane’s representative to the DVFiber with Luke Stafford as the alternate. Ann Golob seconded the motion. Motion passed4/0

SCHEDULED MEMBERS OF THE PUBLIC:
None

UNSCHEDULED MEMBERS OF THE PUBLIC;
Lynn Forrest of the Planning Commission gave a brief update on the development of a code to oversee short term rental. Currently, there is a bill in the Vermont legislature being considered on the regulations for short term rental. If anyone wants additional information, they could contact Lynn by email at lynn.forrest@gmail.com.

OLD BUSINESS:
• Status of Animal Control Complaint – Mr. Fitzpatrick Reporting
Mike Fitzpatrick was not in attendance to give the Board any additional information.
A letter has been drafted to provide information on the progress the Selectboard has made addressing the complaint originally received 10.1.2020 from the Carr family. This will be sent to the dog owners and the complainants by email and US Postal Service Tuesday morning. Minutes were read by the Selectboard Chair from the January 18th, 2021 meeting minutes that Mike Fitzpatrick would contact. the dog owners and provide the Board with photographic proof of compliance.

• Emerald Ash Borer – Jay Wilson Reporting
March 2020 the Town received information regarding the Emerald Ash Borer infestation in the State of Vermont, which was first identified in 2018. The invasive disease ~as most recently found i~ Londonderry, VT. Wilson noted there is a current estimation of between 1,400- 1,500 Ash Trees in the Town’s Right of Way. The board has received a document provided by the State of VT to help to determine the trees that are infected and need to ·be removed or saved via a chemical treatment plan of action. Huber, Selectboard member asked about forming workshops for home/ landowners to be included in the plan so they could consider how they could help to reduce the tree infestation. The Board asked Jay to follow up with Bill Guenther, and if they could plan to meet with the Board.
Ann Golob requested that the Emerald Ash Borer information be placed on the Town of Newfane’s website.

NEW BUSINESS:
Personnel Policy
Conflict of Interest Policy
Selectboard Rules of Procedure
Financial Policy
This will be on the next agenda, April 5th for the Board for approval.

CORRESPONDENCE:
1. Thank you card from the Schreyer Family-Expressing their appreciation that the “The Village
of Newfane” painting by local artist and resident Ted Schreyer was selected as the cover on
the 2020 Newfane Town Report.
2. The Gathering Place – Update on the services provided during COVID. They have beeh
delivering care packages and activity packets to their clients. They are also hosting “Porch
Visits” to our area Seniors to keep the fellowship with the participants they serve in our
community.
3. Prevent Child Abuse – The agency sent a letter noting the month of April is “Prevent Child
Abuse Month” and are requesting local support of “Plant a Pinwheel Garden” during the
month of April. Selectboard Huber made a recommendation to the other Board members
that they donate from their Selectboard stipend, $20.00 each, to fund a “Pinwheel Garden” in
front of the Town Office. Those in attendance agreed.
Wannetta was asked to submit the form on the board members behalf
4. SeVEDS & Brattleboro Development Credit Corporation – Email from Alex Beck requesting the
results of Town Meeting votes on appropriations Wannetta emailed Alex Beck the results of this year’s Town Meeting by Australian ballot.
5. Rock River Preservation presentation to Selectboard – The Newfane Selectboard received an
anonymous letter. Chair Sanborn stated the letter will not be read publicly but is available for
review to the public by making an appointment with the Administrative Assistant to the
Selectboard.

PAY ORDERS:
1. Payroll Warrant No. #11103           Amount$ 5,315.78
2. Payroll Warrant No. #11104          Amount$ 5,030.37
3. Payroll Warrant No. #11105          Amount$ 4,418.88
4. Account Payable No. # 21019       Amount $ 81,595.82
. ADJOURN:

Angela Sanborn made a motion to adjourn. Meeting adjourned at 7:40 pm.
Respectfully Submitted
Administrative Assistant
Wannetta Powling

Newfane Selectboard Agenda March 15th, 2021

 https://zoom.us/j/97227911757?pwd=TEd4YmdKMzJUd3NaTERhVUFOWWsydz09

Meeting ID: 972 2791 1757   Passcode: 352680    (Jan. 4th thru Sept.20th)

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  • CALL TO ORDER
    1. Elect Selectboard Vice Chair
  • ADDITIONS/AMENDMENTS TO AGENDA
  • APPROVAL OF MINUTES
    1. February 16, 2021 Regular Meeting
    2. March 1st, 2021 Informational Meeting
    3. March 4th, 2021 Organizational Meeting
  •  Road Foreman’s & Road Commissioner’s Report
  • ADMINISTRATIVE ASSISTANT’S REPORT
  • COMMITTEE REPORT
  • SCHEDULED MEMBERS OF THE PUBLIC
  • UNSCHEDULED MEMBERS OF THE PUBLIC
  • OLD BUSINESS
    1. Status of Animal Control Complaint – Mr. Fitzpatrick Reporting
    2. Emerald Ash Borer – Jay Wilson Reporting
  • NEW BUSINESS
    1. Personnel Policy
    2. Conflict of Interest Policy
    3. Selectboard Rules of Procedure
    4. Financial Policy
  • CORRESPONDENCE
    1. Thank you, Card, – Schreyer Family
    2. The Gathering Place – Update on the Services provided during COVID.
    3. Prevent Child Abuse – Plant a pinwheel garden during the month of April to show support.
    4. SeVEDS & Brattleboro Development Credit Corporation – Email Alex Beck
    5. Rock River Preservation presentation to Selectboard – Anonymous response
  • PAY ORDERS
    1. Payroll Warrant #11153    Amount $ 5,315.78
    2. Payroll Warrant #11154    Amount $ 5,030.37
    3. Payroll Warrant #11155    Amount $ N/A
    4. Account Payable # 21019 Amount $ N/A
  • ADJOURN

NEWFANE SELECTBOARD – ORGANIZATIONAL MEETING THURSDAY, MARCH 4, 2021

6:00 P.M.  Join Zoom Meeting

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  1.  CALL TO ORDER
  2. ELECT: CHAIR: VICE-CHAIR:         CLERK:
  3. MEETING SCHEDULE
    • DATE, LOCATION & TIME OF REGULAR SELECTBOARD MEETINGS
    • BOARD OF HEALTH & LOCAL BOARD OF LIQUOR CONTROL (Usually as needed.)
  1. LOCATION FOR POSTING OF NOTICES & MINUTES
  2. OFFICIAL NEWSPAPER FOR POSTING OF NOTICES & ADVERTISEMENTS
  3. ADD NAME OF NEW CHAIR TO
    • PERSONNEL POLICY FOR CONTACT (Sign new Personnel Policy March 15th)
    • CONFLICT OF INTEREST POLICY;
    • SELECTBOARD RULES OF PROCEDURE;
    • FINANCIAL POLICIES
  1. APPOINTMENTS
    • ROAD COMMISSIONER
    • EMERGENCY MANAGEMENT COMMITTEE
    • EMERGENCY MANAGEMENT COORDINATOR
    • DELEGATES TO WINDHAM REGIONAL COMMISSION
    • ANIMAL CONTROL OFFICER
    • POUNDKEEPER (Usually Windham County Humane Society)
    • FENCE VIEWERS
    • REPRESENTATIVE TO RESCUE, INC.
    • TOWN ENERGY COORDINATOR
    • TREE WARDEN
    • SENIOR SOLUTIONS REPRESENTATIVE
    • WINDHAM SOLID WASTE MANAGEMENT DISTRICT
    • WINDHAM SOLID WASTE MANAGEMENT DISTRICT ALTERNATE
    • VERMONT GREEN-UP
    • PLANNING COMMISSION
    • DEVELOPMENT REVIEW BOARD & ALTERNATES
    • CONSERVATION COMMISSION
    • WILLIAMSVILLE HALL COMMITTEE
    • TOWN OFFICE BUILDING COMMITTEE
    • ELECTED OFFICIALS POSITIONS OPEN – (APPOINTMENTS FOR 1 YEAR ONLY)

8.  ADJOURNMENT

Selectboard Minutes Public Hearing Sunday, February 28, 2021

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BOARD MEMBERS PRESENT:

Marion Dowling, Mike Fitzpatrick, Christopher Williams and Angela Sanborn

Absent: Shelly Huber

OTHERS PRESENT:

Merle Tessier, Ken Estey, Jane Douglas, Michael Mayer, Eve Hochwald, David Cotton, Austin -BCTV and Wannetta Powling

CALL TO ORDER: The meeting was called to order at 2:00 p.m. by Chair Marion Dowling.

ADDITIONS/ AMENDMENTS TO AGENDA:

BUSINESS:

The purpose of the hearing is to consider a proposed Amendment to Article 3, Section 343 of the Newfane Zoning Bylaws, to Establish Natural Burial as a Conditional Use in Resource Districts in the Town of Newfane.

Ms. Dowling read the Planning Commission’s proposed   By-Law amendment into the minutes.  It was opened to the public.  Michael Mayer acknowledges that Natural Burial has become a National movement.   That Newfane Selectboard will take prompt action on this matter.

Mr. Estey was thankful that he and the Planning Commission could be part of the support for the involvement.

Ms. Sanborn made a motion to accept the amendment to the By-Law changes. Mr. Fitzpatrick seconded the motion.   The motion passed 4/0

The Planning Commission will update the documents to the Town Plan to show that the amendment was adopted.

CORRESPONDENCE:  None

ADJOURN:   Mr. Fitzpatrick made a motion to adjourn. Meeting adjourned at 2:09pm.

 

Respectfully Submitted,

Administrative Assistant  Wannetta Powling

Minutes Sunday February 28, 2021 NEWFANE BOARD OF LIQUOR CONTROL

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BOARD MEMBERS PRESENT:

Marion Dowling, Mike Fitzpatrick, Christopher Williams and Angela Sanborn

Absent: Shelly Huber.

OTHERS PRESENT:

AustinBCTV and Wannetta Powling

CALL TO ORDER:

The meeting was called to order at 2:10 p.m. by Chair Marion Dowling.

BUSINESS:

License Renewal Applications

1.       N.C Creamery, LLC / (Fat Crow)

Mr. Williams made a motion to approve the renewal liquor license for N.C Creamery, LLC / (Fat Crow.) Ms. Sanborn seconded.  Motion passed.

  1. Paul C. Dutton (Dutton Farm Stand)

Ms. Sanborn made a motion to approve the renewal liquor license Paul C. Dutton (Dutton Farm Stand.) Mr. Williams seconded.  Motion passed.

  1. Green Mountain Wine Shop

Mr. Fitzpatrick made a motion to approve the renewal license for Green Mountain Wine Shop Ms. Sanborn seconded.  Motion passed.

ADJOURN:

Mr. Fitzpatrick made a motion to adjourn. Meeting adjourned at 2:15 pm

Respectfully Submitted,

Administrative Assistant

Wannetta Powling

Monday March 1st 2021 Selectboard Informational Meeting

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Meeting ID: 972 2791 1757   Passcode: 352680    (Jan. 4th thru Sept.20th)

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  •  CALL TO ORDER
  •  ADDITIONS/AMENDMENTS TO AGENDA
  • SCHEDULED MEMBERS OF THE PUBLIC   
    • Town Moderator Deborah Luskin        
  • NEW BUSINESS
    •  Review the Articles 1 thru 39 on the Australian ballot to be voted on Tuesday March 2nd       
  • ADJOURN

Sunday February 28th 2021 Selectboard Public Hearing & BLC

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  • CALL TO ORDER:
  • BUSINESS:

The purpose of the hearing is to hear comment on a proposed Amendment to Article 3, Section 343 of the Newfane Zoning Bylaws, to Establish Natural Burial as a Conditional Use in Resource Districts in the Town of Newfane.

  • ADJOURN:

 

Following the close of Public Hearing

TOWN OF NEWFANE BOARD OF LIQUOR CONTROL 

  • CALL TO ORDER:
  •  BUSINESS:
    • License Renewal Applications
    1. N. C Creamery, LLC / (Fat Crow)
    2. Paul C. Dutton (Dutton Farm Stand)
    3. Green Mountain Wine Shop

 

Tuesday February 16th, 2021 Selectboard Agenda

Join Zoom Meeting   https://zoom.us/j/97227911757?pwd=TEd4YmdKMzJUd3NaTERhVUFOWWsydz09                                                                                      Meeting ID: 972 2791 1757   Passcode: 352680    (Jan. 4th thru Sept.20th)                                            One tap mobile +13017158592,,97227911757#,,,,*352680# US (Washington D.C)

  • CALL TO ORDER
  • ADDITIONS/AMENDMENTS TO AGENDA
  • APPROVAL OF MINUTES
    1. February 8, 2021 Regular Meeting
  • Road Foreman’s & Road Commissioner’s Report
    1. Hazard Mitigations Service Bids
  • ADMINISTRATIVE ASSISTANT’S REPORT
  • COMMITTEE REPORT
    1. Windham Regional Commissioner’s Report – Shelly Huber, Commissioner
    2. VT State regulations on the development of applications for private helipads & airfields
    3. Nation Trust Community Investment Tax Credits – see below in email                                              Revitalization Financing Webinar When: February 24, 2021 @ 4:00 PM Where: On Zoom.
    4. Community Development 
    5.  Economic Development – Town of Newfane Committee Formation
  • SCHEDULED MEMBERS OF THE PUBLIC
  • UNSCHEDULED MEMBERS OF THE PUBLIC
  • OLD BUSINESS
  • NEW BUSINESS
    1.  Informational Meeting Update
    2. Prepared responds and assignment of Articles
  • CORRESPONDENCE
  • PAY ORDERS
    1. Payroll Warrant #11150       Amount $
    2. Payroll Warrant #11151       Amount $
    3. Account Payable # 21015 Amount
  • ADJOURN
  • BOARD OF LIQUOR CONTROL 
    1. Dutton Berry Farm – Renewal of Application of License

 

Selectboard Agenda February 8th, 2021

Join Zoom Meeting   https://zoom.us/j/97227911757?pwd=TEd4YmdKMzJUd3NaTERhVUFOWWsydz09
Meeting ID: 972 2791 1757   Passcode: 352680    (Jan. 4th thru Sept.20th)
One tap mobile +13017158592,,97227911757#,,,,*352680# US (Washington D.C)
  • CALL TO ORDER
  • ADDITIONS/AMENDMENTS TO AGENDA
  • APPROVAL OF MINUTES
  1. March 18, 2021 Regular Meeting
  •  Road Foreman’s & Road Commissioner’s Report
  1. Hazard Mitigations Service Bids
  •   ADMINISTRATIVE ASSISTANT’S REPORT
  •   COMMITTEE REPORT
    1. Zoning Administrator
    2. March 9th, 2020 Public Hearing
  • SCHEDULED MEMBERS OF THE PUBLIC
  • UNSCHEDULED MEMBERS OF THE PUBLIC
  •  OLD BUSINESS
    1.  Status of Animal Control Complaint – Mr. Fitzpatrick Reporting
  • NEW BUSINESS
  • CORRESPONDENCE
  • PAY ORDERS
  1. Payroll Warrant #11496     Amount $ 4,789.89
  2. Payroll Warrant #11498     Amount $  5,005.45
  3. Account Payable # 21013 Amount $ N/A
  • EXCUTIVE SESSION
  1. Title I – V.S.A 313 (a) (2) The Securing of Real Estate Options.
  • ADJOURN

Selectboard Meeting Agenda February 1st, 2021

Join Zoom Meeting   https://zoom.us/j/97227911757?pwd=TEd4YmdKMzJUd3NaTERhVUFOWWsydz09
Meeting ID: 972 2791 1757   Passcode: 352680    (Jan. 4th thru Sept.20th)
One tap mobile +13017158592,,97227911757#,,,,*352680# US (Washington D.C)
  • CALL TO ORDER
  • ADDITIONS/AMENDMENTS TO AGENDA
  • APPROVAL OF MINUTES
  1. March 18, 2021 Regular Meeting
  •  Road Foreman’s & Road Commissioner’s Report
  1. Hazard Mitigations Service Bids
  •   ADMINISTRATIVE ASSISTANT’S REPORT
  •   COMMITTEE REPORT
    1. Zoning Administrator
    2. March 9th, 2020 Public Hearing
  • SCHEDULED MEMBERS OF THE PUBLIC
  • UNSCHEDULED MEMBERS OF THE PUBLIC
  •  OLD BUSINESS
    1.  Status of Animal Control Complaint – Mr. Fitzpatrick Reporting
  • NEW BUSINESS
  • CORRESPONDENCE
  • PAY ORDERS
  1. Payroll Warrant #11496     Amount $ 4,789.89
  2. Payroll Warrant #11498     Amount $  5,005.45
  3. Account Payable # 21013 Amount $ N/A
  • EXCUTIVE SESSION
  1. Title I – V.S.A 313 (a) (2) The Securing of Real Estate Options.
  • ADJOURN

Monday January 18th, 2020 Selectboard Minutes

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Meeting ID: 972 2791 1757   Passcode: 352680    (expires Sept.20th)

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BOARD MEMBERS PRESENT:  Marion Dowling, Mike Fitzpatrick, Shelly Huber, Christopher Williams and Angela Sanborn

OTHERS PRESENT:  Jay Wilson, Ken Estey, Dan Dewalt, Deborah Luskin, Jane Douglas, Lynn Forrest, Carol Hesselbach, Priscilla Cotton, Sandra Dadik, Brenda Siegel, Gloria Cristelli, Jerly Julian-Cisse  Margaret Wimberger, Thomas Ely, Galen -BCTV and Wannetta Powling

CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Chair Marion Dowling.

ADDITIONS/ AMENDMENTS TO AGENDA:

Investment Property- Ms. Huber updating

Motion was made to table until a future meeting.

MINUTES:

  • January 4th, 2021 Regular Meeting
  • Ms. Sanborn made a motion to accept the minutes. Mr. Fitzpatrick seconded.
  • Motion passed.
  • January 11th, 2021 Budget meeting
  • Ms. Sanborn made a motion to accept the minutes. Ms. Huber seconded.
  • Motion passed. 4/1 Mr. Williams abstained.

ROAD FOREMAN’S AND ROAD COMMISSIONER’S REPORT

  1. The letter that the Selectboard signed asking for VTRANS assistance with the damage from the Christmas day storm has been submitted. We have completed as much of the emergency repairs, that we can do until warm weather returns.
  2. The Depot Rd Culvert update: The foreclosure auction for 254 Depot Road is scheduled for tomorrow and I will plan on attending to make contact with the new buyers about the easement that is still needed.
  3. The Newfane village speed committee had a zoom meeting to discuss the Road Safety Audit. The recommendations they wanted to follow up on are VTRANS painting dynamic striping at the village entrances, new signage at the entrance to the village, radar feedback signs and applying for a Pedestrian Scoping Study grant to look at potential crosswalk locations and sidewalk work.
  4. The Sand/Salt shed update: Bell Engineering is now working on the next phase of the plans and he has staked out the building. We had a zoom meeting to get updates last week. We may have to postpone the work for a year as it seems that costs are up significantly           and our VTRANS municipal project manager felt we may get better pricing bid mid-winter next year.
  5. The storm this past Saturday knocked down many trees and power lines. The last of the roads to get reopened were last night with Stratton Hill Rd. and River Rd.
  6. I have attached the RFP for the Local Hazard Mitigation Plan Proposal. We need to have this in place to apply for future FEMA grants. This plan takes approximately a year to complete. The grant we have is for $10,000 with a 25% town match so we would need to come up with our share of $2,500 it can be a combination of money and in-kind labor.

Ms. Huber made a motion to move ahead with the Grant process.  Ms. Sanborn seconded. Motion passed. 5/0

Ms. Sanborn made a motion to approve the Road Foreman’s Report.  Mr. Fitzpatrick seconded. Motion passed. 5/0

ADMINISTRATIVE ASSISTANT’S REPORT:

  1. There will only be one Informational Meeting, Monday March 1st. This will allow enough time for the Town Reports to be mailed & received.
  2. The team has been working with Cor & Austin at BCTV to work on the extra details needed to provide for the informational meeting.
  3. I am working very hard to finishing up the Town Report; it will go to the printers the end of the week.
  4. Now that the Commons newspaper box has been moved, Mark Gray is aware of attention needed for the steps at Williamsville Hall.
  5. It is my recommendation with the amount of correspondence the Selectboard has received since the budget meeting of January 11th. That the Selectboard approve the 19th Article as written and let the voters decide the appropriations for Restorative Community Justice of S. V.T.
  6. Articles 6 &7 have the correct dollar amount, Article #5 figures in the General fund I expect to have tomorrow.

Ms. Sanborn made a motion to approve the Administrative Assistance Report.  Mr. Williams seconded. Motion passed 5/0.

CORRESPONDENCE:

  • The Selectboard received letters regarding the proposed Article #19: Restorative Community Justice of Southern VT (RCJ).
  • Members of the Selectboard began by reading letters of support from Margaret Wimberger and Thomas Ely. Additional letters from Ann Golob, Apple Gifford and Ken Estey were heard.
  • Discussion ensued.
  • Selectboard Chair called on many individuals that wanted to express comments, as well as provide additional information.
  • Ms. Sanborn made a motion to place Restorative Community Justice of Southern VT appropriation request on the ballot. Ms. Dowling seconded. Motion passed: 4/1 Ms. Huber opposed.

SCHEDULED MEMBERS OF THE PUBLIC:

Deborah Luskin provided insight for the “Zoom Procedures” to be used for the informational meeting, prior to this year’s Australian vote / Town Meeting.   BCTV, Newfane staff and volunteers will be working on the extra details needed for the informational meeting, which will be held on March 1st.

Recommendations were made to have notice of “Zoom Procedures” (for the Informational Meeting) posted at all the regular sites, as well as front page forum and the Town website.

The Selectboard extended its gratitude to Ms. Luskin for her efforts of support and assistance.

COMMITTEE REPORT

Planning Commission Chair Ken Estey mentioned that the commission is working on Economic Development. Jane Douglas gave Broadband report since joining the Deerfield Valley Communication Union District (DVCUD) Ms. Forrest asked for comments and questions regarding Short Term Rental to be sent for the commission to review.

UNSCHEDULED MEMBERS OF THE PUBLIC:

None.

OLD BUSINESS:   

Mr. Fitzpatrick reported that he had spoken with the dog owner in S. Newfane, to follow up on what measures they were using to control the three dogs running at large thru the yards of their neighbors. They have been tying the dogs out one at a time, they provide long walks for the dogs while on leash. Mr. Fitzpatrick will provide photographic proof of compliance “Sometime next week” for the Board.

Ms. Sanborn read an email from the director at the Windham County Human Society, stating their observations, of dog behavior following a recent visit the owners made for their dogs.

NEW BUSINESS:

None.

CORRESPONDENCE:   (Filed in folder)

  1.  Barry Aleshnick –Expressed his appreciation for allowing the Commons Newspaper box to relocate to the Williamsville Hall.
  2. Ann Golob –Letter was read supporting Restorative Community Justice of Southern VT.
  3. Eileen Fahey- supporting Restorative Community Justice of Southern.
  4. Margaret Wimberger- Letter was read supporting Restorative Community Justice of Southern VT.
  5. Thomas C. Ely- Letter was read supporting Restorative Community Justice of Southern VT

Ms. Huber made a motion to suspend the Regular Selectboard meeting.

Ms. Sanborn seconded. Motion passed 5/0 Meeting suspended@7:51pm

Ms. Dowling resumed Regular Selectboard Meeting @ 7:56

PAY ORDERS:

  1. Payroll Warrant #11494        Amount $ 4,829.92
  2. Account Payable # 21014 Amount $ 42,491.29

Mr. Fitzpatrick made a motion to approve pay orders.  Mr. Williams seconded.

Motion passed.

ADJOURN: 

Mr. Williams made a motion to adjourn. Meeting adjourned at 8:04pm.

Respectfully Submitted,

Administrative Assistant

Wannetta Powling

Newfane Development Review Board Decision January 16, 2021

Town of Newfane Development Review Board

P.O. Box 36 Newfane, VT 05345

(802) 365 7772 / Fax (802) 365 7692

January 16, 2021

 Subject:

Decision of the Development Review Board (DRB) regarding appeal of Zoning Application 20-0043

Background

Zoning Application 20-0043 is for a food takeout shed operated as a home business on a non-conforming lot at 492 Vermont Route 30 in the rural district.  The zoning administrator denied the application on November 17, 2020 and applicant appealed the decision to the Development Review Board (DRB).   The appeal was heard at a public hearing convened on December 17, 2020 and continued to January 14, 2021.   On January 14, DRB voted to allow issuance of a zoning permit for this project.

 Development Review Board Decision

Effective January 14, 2021:

Zoning permit #20-0043 is approved with the following conditions:

  1. That the food shed be situated as close as possible to the location shown on the Google map submitted in connection with this application.
  2. That the zoning administrator be notified prior to any proposed relocation of the shed.

Further, the Board specifically notes that approval of this permit constitutes granting a variance from the Newfane zoning bylaw in that the subject lot does not meet current acreage and/or setback requirements.

Findings of Law

  1. Proposed location of the shed does not comply with the Newfane Zoning Bylaw with respect to setback (35 feet proposed vs 65 feet per the bylaw) and lot area (less than 1-acre actual vs 2 acres per the bylaw).
  2. Newfane Zoning Bylaw allows home businesses and food service establishments as conditional uses in this district.

Findings of Fact

  1. The proposed location is on a main highway with some existing commercial development
  2. The applicant has developed a workable parking and traffic management plan that can be accommodated by the limited space available.
  3. The proposed use is consistent with the essential character of the neighborhood.
  4. The proposed site plan represents the least deviation from the zoning bylaw that will accommodate this project
  5. Unnecessary hardship has not been created by the applicant

 Appeal of this Decision

In accordance with Title 24 VSA, Section 4471, an interested person who has participated in the Public Hearing of this matter may appeal this decision to the Environmental Division of the Vermont Superior Court by filing a Notice of Appeal directly to the Court within thirty (30) days of the decision.

Participation in the referenced hearing shall consist of offering oral or written testimony, evidence or a statement of concern related to the subject of the hearing.

Newfane Development Review Board

David Cotton, Chairman

Selectboard Agenda January 18th, 2021

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Meeting ID: 972 2791 1757   Passcode: 352680    (Jan. 4th thru Sept.20th)

One tap mobile +13017158592,,97227911757#,,,,*352680# US (Washington D.C)

  •  CALL TO ORDER
  • ADDITIONS/AMENDMENTS TO AGENDA
  • APPROVAL OF MINUTES
  1. January 4th, 2021 Regular Meeting
  2. January 11th, 2021 Budget meeting
  • ROAD BUSINESS

Road Foreman’s & Road Commissioner’s Report

  •  ADMINISTRATIVE ASSISTANT’S REPORT
  • COMMITTEE REPORT

Planning Commission Economic Development: 3 Parts

  1. Economic Development, Ken Estey & Newfane Town Plan
  2. Broadband, Jane Douglass & the DVCUD
  3. Short-term Rentals, Lynn Forrest & draft zoning bylaw revision
  • SCHEDULED MEMBERS OF THE PUBLIC

Deborah Luskin – BCTV & Advance Planning for Town Meeting

  • UNSCHEDULED MEMBERS OF THE PUBLIC
  •  OLD BUSINESS
  1. Status of Animal Control Complaint – Mr. Fitzpatrick Reporting
  2. Investment Property- Ms. Huber updating
  • NEW BUSINESS
  • CORRESPONDENCE
  1. Barry Aleshnick
  2. Ann Golob
  3. Eileen Fahey
  4. Margaret Wimberger
  5. Thomas C. Ely
  •  PAY ORDERS
  1. Payroll Warrant #11490    Amount $ N/A
  2. Payroll Warrant #11491    Amount $  N/A
  3. Account Payable # 21013 Amount $ N/A
  • ADJOURN

BOARD OF CIVIL AUTHORITY WILL BE MEETING (Justice of the Peace and Selectboard Members)

  • Town Meeting Polling Place