Regular Meeting Monday, May 6th, 2024
https://us06web.zoom.us/j/97227911757#success
(copy and paste the link into your web browser)
https//zoom. Us/join Meeting ID: 972 2791 1757 Passcode: 352680
BOARD MEMBERS PRESENT: Angela Litchfield, Katy Johnson-Aplin, Mike Fitzpatrick (phone), Ann Golob, and Jeffrey Chevalier.
PRESENT: George Weir, Attorney Robert Fisher, John Walker, Gordon Bristol, Michael Mayer, Merle Tessier (Zoning Administrator), Austin Rice (BCTV), and Wannetta Powling (Administrative Assistant).
Zoom: Jay Wilson (Road Foreman), Jane Douglas (Planning Commission), Bahman Mahdavi (WebWorks).
CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Selectboard Chair Angela Litchfield.
CONFIRM PROPERLY WARNED: Powling confirmed the meeting had been properly warned.
ADDITIONS/AMENDMENTS TO AGENDA: Powling requested that the application for Cannabis Control Retailer be added to the agenda after correspondence.
APPROVAL OF MINUTES:
- April 1, 2024, Regular Minutes
Golob made a motion to accept the April 1st minutes and Chevalier seconded.
The motion passed. Johnson-Aplin abstained - April 15, 2024, Regular Minutes
Johnson-Aplin made a motion to accept the April 15th minutes and Fitzpatrick seconded.
The motion passed. Golob and Chevalier abstained.
ROAD FOREMAN’S & ROAD COMMISSIONER’S REPORT:
- The insurance company for Adams Hill Bridge claims they are sending an appraiser out. I told them they should have done that five months ago.
- The grant is open again for the Newfane Village sidewalk project. I assume you want to continue to pursue this.
- Nothing new on the Green Iron bridge work from Fitzgerald Engineering.
- Rebecca Chalmers from the Wetland Division of VT DEC will visit the gravel pit on Wednesday to ensure that there are no wetlands.
- The Historical Society is hosting a concert on the lawn in front of the Jail on June 8th from 6-8 pm and is requesting permission to close Jail St. during that time.
- The radar sign on West St. needs new batteries and the last time they were about $1,000 and in short supply, that is the original sign. Do we want to replace it with one of the updated solar speed signs, so we do not have to take them out and charge them every couple of weeks?
- We have a letter to sign for VTRANS requesting an emergency grant to help pay for a slide on Stratton Hill Rd.
- I finally have a design for the Eddy Road box culvert, and I was going to see if I could get that one through the Emergency Management Mitigation Grant.
- I walked up Old County Road Trail with George Weir and looked at the water damage to the trail. The repairs he proposed seemed reasonable.
- I have the annual Grant-In-Aid participation letter to be signed. We needed to make a couple of minor changes. I have attached it.
Fitzpatrick made a motion to accept the Road Foreman’s Report and Chevalier seconded.
Discussion:
1. Johnson-Aplin will join Wilson when the insurance adjuster comes to inspect the Adams Hill Bridge. Wilson asked if the settlement was not satisfactory and if the Selectboard would like to proceed with legal action. The Selectboard agreed.
4. The Wetland Division inspection for the Gravel pit will be followed by the sound study and phasing study before the final application for ACT 250 approval is submitted; the estimated approval time is between eight and ten months.
5. The Selectboard approved closing Jail Street for the concert on June 8th on the lawn in front of the Old Jail House.
6. The Selectboard approved replacing the radar sign on West Street with a new solar speed limit sign.
Golob made a motion to spend up to $3,000 on a new solar speed limit sign, and Chevalier seconded.
The motion passed.
Golob made a motion to authorize the Selectboard chair to sign the request for an Emergency Grant from VTrans for needed repairs to Stratton Hill Road, and Johnson-Aplin seconded.
The motion passed.
9. Local Forester George Weir was present to discuss the proposed repairs to the Old County Road Trail for logging purposes by Cersosimo Lumber Company to access the Toby Hill Trust property.
Wilson and Road Commissioner Chris Williams recommended leaving the bridges when the logging was done to allow for fire access if the need ever arises.
The Selectboard agreed.
- Golob made a motion to readopt and have the Chair sign the Emergency Grant-In-Aid participation letter and Chevalier seconded.
- Golob made a motion to readopt the Emergency Management Plan and Chevalier seconded.
The motion passed.
The Chair called a vote to accept the Road Foreman’s Report.
The motion passed.
Ed Druke Jr., Access permits on Otis Lane.
Wilson recommended installing an 18-inch culvert at the property’s entrance off Otis Lane.
Fitzpatrick made a motion to approve the Druke access permit, and Golob seconded.
The Motion passed.
Golob made a motion to authorize the chair to sign, and Chevalier seconded. The Motion passed
362 Dover Road – Parrish Hill – Emergency Watershed Protection Agreement
Golob asked for an amendment to the agreement “to remove the contribution shared portion” and to authorize the Chair to sign the agreement after the corrections were made.
Golob made a motion to authorize the Chair to sign the amended Emergency Watershed Protection Agreement. Fitzpatrick seconded.
The motion passed.
Windham Regional Commission Municipal Planning Service
It was tabled pending approval of funds. Golob will check with Chris Company at WRC.
Discussion of the 1 ¼” Crushed Gravel
Road Forman and the Road Commissioner inspected the crushed gravel and evaluated four of the lowest bidders for quality. Wilson agreed that all the material was good quality even after the past rain.
Bid submitted Price per yard delivered.
- Gordon Gravel $27.50
- AS Clark & Son $23.00
- Renaud Gravel $30.50
- JP Trucking & Excavating $33.25
- Derrig Excavating $28.75
Fitzpatrick made a motion to accept the bid from A.S. Clark, and Johnson-Aplin seconded the motion.
The motion passed.
ZONING ADMINISTRATOR’S REPORT:
Higher Ground –Update Merle Tessier and Town Attorney Robert Fisher
Tessier notified the Selectboard that he recommends that Mayer submit a new application to Z.A. and then refer this to the DRB; the Zoning Administrator is the only contact person for all correspondence regarding this application process. Z.A. Tessier stated that Mayer speaking with other individuals slows down the process. These guidelines should be followed to ensure proper procedures are maintained.
Attorney Fisher made the following points and recommendations,
- For the subject before us, the road access, The Selectboard controls access permits. That requires a 0 to 20-foot flat area. That Access Permit was issued. The Selectboard then revoked it, and it has not been reinstated.
- The court order clearly stated that DRB reviews any revisions of Exhibit 069 or permit changes. The applicant should apply to the Zoning Administrator for a hearing of DRB to review the site plan or ask for an amendment to the current permit; they have only approved the “old” design. The state specified in Act 250 that any change should be conducted by the proper town authority (which is the DRB in this instance).
Discussion ensued:
A conference call was requested and agreed upon between the town attorney, Stephanie Gilles, and his counsel.
The Selectboard asked the Zoning Administrator to keep them informed of the progress.
ADMINISTRATIVE ASSISTANT’S REPORT:
- I attended the April 17th & 25th VLCT Zoom training “Unemployment Insurance and ACT 76” and the “Open Meeting Law.” the printed materials are included in your packets tonight. I continue to attend the weekly Legislative updates. I am following along on the S-55 Bill that allows “To Meet Electronically Under Vermont’s Open Meeting Law.” this was imposed during COVID-19 – this Law will end on June 30th; Were as Selectboard already holding their meetings Hybrid; we will not be affected but should still be aware of this for the other committees in Newfane.
- For Newfane to hire a new employee for the Highway Department, we need to consider advertising now to start the application screening process; according to VLCT / Wade Masure, this will depend on background checks, including driving records and pre-employment drug screening. I can advertise on VLCT Classifieds to start if you would like.
- Dale Stevens, a community member, stopped in today asking about the progress on the Bench Project and is eagerly awaiting news on his design application. He indicated that with warmer weather now here, it would be ideal to start work on it. While I have not received any other applications, the presence of one design may serve as a catalyst to inspire others to come forward and contribute to this meaningful project.
- This Saturday, May 11th, they will have another exciting event lined up: a concert at the Union Hall. This is part of our monthly series; the first performance had a fantastic turnout. They anticipate that this one will surpass everyone’s expectations. You are encouraged to come early, stay late, and not miss this fantastic community event.
- The next Selectboard meeting will be on Monday, June 3rd.
Fitzpatrick made a motion to accept the Administrative Assistant Report and Golob seconded.
Discussion:
Golob made a motion to authorize the Treasurer to send out the Pay Orders due for the May 20th meeting and Johnson-Aplin seconded.
The motion passed.
Litchfield called the vote to accept the Administrative Assistance Report.
The motion passed.
SCHEDULED MEMBERS OF THE PUBLIC:
Kyle Misner – Revised Website Not available
Discussion ensued:
Bahman Mahdavi Newfane’s current website administrator reviewed the Revised design proposal and submitted a written response to address his concerns and recommendations.
Mahdavi asked what the purpose of the redesign is, whether it is a design, domain, or functional issue, and who you are looking to attract. Golob explained that it is functional to do a clean-up to locate things more efficiently and evaluate the contents of the material needed.
Mahdavi explained that there are currently 20 to 25 years of information layered over time. ADA compliance is a consideration that would need to be added.
Golob and Johnson-Aplin will collaborate to form ideas and recommendations for a user-friendly website.
The information would be presented at a Selectboard meeting on June 17th for consideration, with a backup date of July 1st, and then submitted to Mahdavi for his opinion.
UNSCHEDULED MEMBERS OF THE PUBLIC:
Planning Commission Update- Jane Douglas
Windham Regional Commission will attend Thursday, May 23rd, P.C. meeting to share Bylaw Modernization update information.
NEW BUSINESS
None
OLD BUSINESS:
- Town Beautification (Chevalier)
The bench committee will meet to review and approve the submitted design application.
- FEMA buyout of South Newfane General Store (Golob)
Golob said the appraisal has been done and is awaiting the report. The owner can accept or decline the offer; there would be no negotiation.
Discussion ensued:
- ARPA Funds Updates (Golob)
Discussion ensued: Further updated information will be on the June 3rd agenda.
- Personnel Policy changes/ recommendation (Johnson-Aplin/Chevalier) – None
CORRESPONDENCE:
None
The Selectboard meeting was suspended at 7:35 p.m.
CANNABIS CONTROL:
Litchfield called the Cannabis Control to order at 7:36 p.m.
Review of the Retail Licensing application
JGMJ, LLC DBA Green Peak Dispensary at 386 VT RT 30.
Golob made a motion to approve the Retail Application for JGMJ, LLC DBA Green Peak Dispensary, and Chevalier seconded.
The motion passed.
The Selectboard meeting resumed at 7:38 p.m.
Fitzpatrick left the meeting at 7:38 p.m.
PAY ORDERS
- Payroll # 11677 $ 5,652.71
- Payroll # 11678 $ 6,507.94
- Payroll # 11679 $ 6,717.22
- AP # 24024 $ 799.18
- AP # 24025 $ 40.00
- AP # 24026 $ 986,021.75
Golob made a motion to approve the pay orders. Chevalier seconded.
The motion passed.
ADJOURN:
Chevalier made a motion to adjourn. The meeting was adjourned at 7:47 p.m.
Respectfully submitted,
Wannetta Powling,
Administrative Assistant