Selectboard Meeting Minutes

Draft Newfane Selectboard Special Meeting

Tuesday, September 3rd, 2024

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https//zoom. Us/join            Meeting ID:  972 2791 1757  Passcode:  352680

BOARD MEMBERS PRESENT: Angela Litchfield, Jeffrey Chevalier, Ann Golob (Zoom), and Mike Fitzpatrick (phone). Absent: Katy Johnson-Aplin.

OTHERS PRESENT: Luke Stafford, Brian Guerino (BCTV), and Wannetta Powling (Administrative Assistant).  Zoom:  Jay Wilson (Road Foreman) and Katie Bristol (Zoning Administrator).

CALL TO ORDER: The meeting was called to order at 6:05 p.m. by Selectboard Chair Angela Litchfield.

CONFIRM PROPERLY WARNED: Powling confirmed the meeting had been properly warned.

ADDITIONS/AMENDMENTS TO THE AGENDA:
Golob requested that the FEMA Buyout be moved to follow the access permit.
Litchfield requested that the Carroll Trail be moved to follow the FEMA discussion.

EXECUTIVE SESSION:

Citing 1V.S.A. §313(a)(2), The negotiating or securing of real estate purchase or lease options.
Chevalier made a motion to enter the Executive Session, Golob seconded.
The motion passed.

Litchfield invited Wilson and Powling to attend.
The Selectboard entered the Executive Session at 6:07 p.m.
Golob made a motion to exit the Executive Session, Chevalier seconded.
The motion passed.
The Selectboard left the Executive Session at 6:20 p.m.
Litchfield said no decision had been made and that they would continue negotiations. The Selectboard would reconvene at another meeting if necessary.

APPROVAL OF MINUTES:
August 19th, 2024, Regular minutes.

Fitzpatrick made a motion to accept the regular minutes of August 19th, and Golob seconded.
The motion passed.

ROAD FOREMAN’S & ROAD COMMISSIONER’S REPORT:

  1. The Box Culvert on Depot Road is underway, they expect to have it completed by Friday night with cleanup, paving and guardrail next week.
  2. The fuel tanks at So. Newfane Store were removed today, and they are hoping to finish up tomorrow.
  3. Adams Hill Bridge claim has been assigned a new adjuster and I am hoping to see something start happening.
  4. Vermont Emergency Management has notified us to move ahead with applying for money to replace the large culvert on Eddy Road.
  5. The culvert on Depot Road near Duke Road was replaced last week and will be paved when the box culvert is paved.
  6. We were awarded the VTrans Bicycle & Pedestrian Grant to replace and upgrade the Newfane Village Route 30 sidewalks. This will include installing crosswalks on RT 30. The amount awarded is $563,200. This will take several years to complete.

Chevalier made a motion to accept the Road Foreman’s Report, and Fitzpatrick seconded.

Discussion:

  1. The Windham Regional Commission will help Newfane with the Village Route 30 sidewalks project, which may take a couple of years to complete. Wilson said an engineer would need to help with the process, and property easements would need to be obtained.

Litchfield asked Wilson to inform Powling when WRC starts so the Village Trustees can be invited to a meeting. Wilson confirmed that the Paving on Grimes Hill will begin after the week of September 16th.

 Golob asked if there had been an update on the Gravel Pit. Wilson stated that he had not heard anything since his last email when he responded that he would do the Dig Safe markings.

Litchfield called for the vote to approve the Road Foreman’s report.
The motion passed.

So. Newfane Village Paving Bids were opened:
Chair Litchfield opened the sealed bids as follows.

  1. All States Construction from Sunderland, MA         $76,500.00
  2. Bazin Brothers from Westminster, VT                      $72,025.00
  3. Springfield Paving from Claremont, NH,                  $54,975.00
  4. DMI Paving Inc. from Brattleboro, VT                      $82,400.00

Fitzpatrick made a motion to accept the Springfield paving as a low bidder, and Golob seconded.
The motion passed.

Access permit: Otis Lane
Discussion ensued.
Wilson reviewed the access request for Marion Lewis on Otis Lane. He said that this is where the Town trucks turn around now, so he does not have a problem granting the access.

Fitzpatrick made a motion to approve the access permit per the Road Foreman’s recommendation, and Chevalier seconded.
The motion passed.

FEMA update:  Golob

Testing for lead paint will happen at the S. Newfane General Store later this week. Golob said that abatement and removal would be required depending on the test results, and demolition would be worked into the RFP (Request for Proposal). The fuel tanks are being removed now. If any soil contamination is detected, Brownfield remediation is the next step.
Members of the road crew have secured the building to prevent trespassing and reduce the risk of injury. Progress and additional information will be provided at the September 16th meeting.

Carroll Trail:
Discussion
Litchfield began by stating that she and Melissa had taken a walk over the weekend to determine the proximity of the Carroll Trail opening. Locating the trail was difficult, even with Richard Werner’s assistance.

Katie Bristol clarified that the Carroll Trail is a Class Four Road, coded as U, meaning untraveled/unkempt on the July 2024 map of Windam County prepared by the VT Agency of Transportation and the Department of Transportation Federal Highway Administration; that takes away the liability from the Town because that road has been shut down. Class Four Roads and trails have different maintenance standards; in most cases, it is considered “Travel at Your Own Risk.” Newfane would not be regarded as liable for injury or damage.

Golob asked what it meant to the homeowner and why he wanted the trail discontinued. What does it mean for the Town to discontinue the trail?

Bristol said that she is aware of Werner’s desire to develop the property into a compound. They would not need to worry about the required zoning setbacks. In 2011, they requested that the town of Dover discontinue the Carroll Trail, but Dover denied this.

Bristol mentioned that it was a considerable expense to use tax money to send certified mail to all the trail abutters in Newfane, contact the abutters in Dover, the Dover Officials, Forest and Parks, and place legal notices in the newspaper, along with having to survey the parcel for less than 600’ +/-. To leave it open is a zero expense for the Town.

Fitzpatrick agreed that if Dover did not give up the road in 2011, it does not make sense why Newfane should go to the trouble and expense for 600+/- feet.

Golob made a motion to deny the Werners’ request to discontinue the Carroll Trail, which Chevalier seconded.
The motion passed.

Powling was asked to draft a letter to the Werners for Litchfield to review.

 Chevalier requested Scheduled Members of the Public to follow.

Scheduled Members of the Public:
Luke Stafford was present to request permission to use the Old County Road (OCR) for logging purposes. Cersosimo Lumber is logging Stratton’s property using the OCR. Stafford has spoken with Cersosimo and Haden Lake, a County Forrester, and they have contracted to do selective timber harvest on ten of his fifteen acres.

Wilson agreed that the OCR is currently being used for logging purposes and does not have a problem with Stafford’s request.

The Selectboard agreed to allow additional access.

Stafford mentioned that street signs are missing or have been taken up near the Beetlestone/Parrish Hill intersection. Wilson will review and order signs if necessary.

 ADMINISTRATIVE ASSISTANT’S REPORT:

  1. Last Thursday, I attended the VLCT training for “Ordinance Adoption and Enforcement,” I will share the PDF information when it comes in.
  2. On September 18, VLCT will have the annual “Municipal Budgeting” training from 10-11:30. This will include “Legal Parameters of Budgeting, Spending and Borrowing.” Would any of the Selectboard members be able to join me?
    When would the Selectboard like to start the Budget meetings?
    Has the Selectboard considered making changes to the Social Appropriation process?
    A few other towns have a committee to review the submissions and submit recommendations to the Selectboard. Would you prefer to meet with applicants as you have the last four or five years?
    Two additional pieces of information:

      • SeVEDS is setting up a series of meetings on So. Vermont Zone to develop strategies that will shape S. Vermont’s Economic future.
      • Sunday, September 22nd @ 4 p.m. Rescue Inc. is holding a Town Consortium, an opportunity for Towns to engage/ review and discuss upcoming contracts. They do request an RSVP. Will any of you be able to attend?

Chevalier made a motion to accept the Administrative Assistance Report, and Golob seconded.

Discussion ensued:
Golob said the social appropriation process should stay the same, with one change: if they were a known organization that had previously received appropriations for the last three years, they would not have to attend a meeting.
Powling asked for clarification.

Golob said they would have to attend a meeting if they were a new or unknown organization asking for appropriations.

Litchfield said that organizations would still need to submit the required town form, which will be included in the town report.

Bristol suggested looking closely at appropriations letters to ensure that the agencies are serving the same, more, or less Newfane residents and not just assuming they are. We should only be paying for services that are benefiting the residents.

Golob mentioned that, as a region, we need a strong safety net and that it is essential to maintain those services so when they are required, they are available.

It was agreed that Budget meetings would start on Tuesday, October 22nd.

Powling was asked to include the change that agencies would not need to attend a meeting.

Litchfield called for the vote to approve the Administrative Assistant’s Report.
The motion passed.

COMMITTEE REPORTS: –None

SCHEDULED MEMBERS OF THE PUBLIC –Amended

UNSCHEDULED MEMBERS OF THE PUBLIC:  –None

OLD BUSINESS:
Carroll Trail Werner’s request for discontinuance Katy Bristol (Zoning Administrator) – Amended
Town Beautification (Chevalier) -None
FEMA buyout of South Newfane General Store (Golob) -Amended
ARPA Funds Updates (Golob) – No update
Personnel Policy changes/ recommendation (Johnson-Aplin/Chevalier) -No update
Town Website Design – Golob & Johnson-Aplin –
Three nice proposals have been received. This was shared with Bahman, and he has given insightful feedback. Golob requested that any decision be tabled until Johnson-Aplin, who has been working on this with Golob, returns at the September 16th meeting.

CORRESPONDENCE:
 John Gifford, Executive Director at BCTV, is asking for feedback on the changes to the new legislative Open Meeting Law.

Fitzpatrick made a motion to have Chevalier and Litchfield review pay orders, Golob seconded.
The motion passed.
Golob and Fitzpatrick, who attended remotely, left the meeting at 7:15 P.M

PAY ORDERS

  1. Payroll #11695                                  $5,578.41
  2. Payroll # 1169                                  $ 6,739.90
  3. AP #25004                                        $ 1,018,895.58
  4. AP #25004A                                     $ 200.00

ADJOURN:
Chevalier made a motion to adjourn. The meeting was adjourned at 7:20 p.m.

Respectfully submitted,
Wannetta Powling,
Administrative Assistant