MINUTES -REGULAR MEETING - BOARD OF SELECTMEN

MARCH 21st, 2002 - NEWFANE TOWN OFFICE

PRESENT:

Selectmen: Jesse Anderson, Lynn Bedell, Gary Katz, Richard Marek and Piet van Loon.

Also Present: Frank Suponski, James Gray as Road Foreman and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER

The regular meeting was called to order by Chairman Richard Marek at 7:02 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC

A. NO SCHEDULED MEMBERS OF THE PUBLIC

4. OLD BUSINESS

A. DRAFT CELL TOWER BYLAW

Chairman R. Marek indicated that he and P. van Loon have spent several hours on about two full redrafts. The Planning Commission canceled their meeting of March 19th so he and P. van Loon did not attend to discuss the bylaw with them. The next PC meeting will be on April 2nd. The earliest time for the Board to have a hearing for the Interim Wireless Telecommunications Facility Bylaw will be on April 18th after referral from the Planning Commission. Motion was made by L. Bedell and seconded by G. Katz to notice a hearing for the Selectboard for the Interim Wireless Telecommunications Facility Bylaw for April 18th beginning at 7:00 p.m. with referral from the Planning Commission. Unanimous. If the bylaw has not yet been referred from the Planning Commission then the Board will hold a hearing at a later date.

P. van Loon suggested that the format be changed to better reflect the organization of the bylaw contents. He also indicated that there are different requirements for large and small scale facilities. The bylaw will be revised to change the format and to incorporate the small scale language within the large scale facility. There is also a section that needs to be incorporated regarding the application process and an application form needs to be developed. In Section 1.12 C. the order of the list was revised.

G. Katz expressed his concerns regarding aesthetics, distance from buildings, and electromagnetic fields. He also pointed out various typographical errors that need to be corrected. R. Marek and P. van Loon will work on and incorporate the changes into the bylaw before going to the Planning Commission. P. van Loon will contact Joan Weir. The Interim Bylaw is meant to be a stand alone bylaw, meaning that an applicant would apply for only one permit.

3. UNSCHEDULED MEMBERS OF THE PUBLIC

Frank Suponski was present at the meeting to express his interest in serving as a Lister for the town. He is interested in the town wide reappraisal and the new approach of fair market value, which is easier to defend, rather than cost. He has reviewed some of the program with T. Schreyer and believes that the new program will be less time consuming for the Listers. He does have some computer experience while previously serving as a

5. D. OTHER NEW BUSINESS

G. Katz indicated that he has spoken with Bill Krajeski of Patriot Properties and T. Schreyer about the preliminary statistics compiled from the town wide reappraisal. He spoke of a property that sold for a substantial amount over what the new preliminary appraisal is and how that can skew the CLA and COD numbers. There are these types of anomalies that do occur with property sales. The state Property Valuation and Review should be made aware of the various situations when they occur so that they can make the necessary adjustments when the state does their review.

6. ROAD BUSINESS

Board members commended the highway crew for a great job during the recent two substantial snow fall storms.

6. a. ROAD COMMISSIONER’S REPORT - (See attached report)

(1) RF (Item #3) - Logging trucks are still using South Wardsboro Road (TH#1) and not observing the “mud” season postings. Not all haulers have an approved Excess Weight Permit, in particular the Canadian truckers. J. Gray has spoken with Sheriff Henry Farnum about the matter. J. Anderson will contact the DOT directly regarding weight limit restrictions and what the town can do about it. J. Gray suggested that the town may want to consider posting TH#1 to prohibit tractor trailer vehicles from using the road. The road is narrow in some areas and oncoming vehicles are forced for backup to approaching tractor trailer vehicles.

(2) Another area of concern for Excess Weight vehicles is the Green Iron Bridge (BR#49). The bridge is flexing and the membrane is in very poor condition. Bill Noyes has observed the condition and will be reporting to the Selectboard at the annual highway meeting in April, a date to be determined later.

(3) The highway crew is monitoring the transmission of the 140G Grader and will be compiling a report for the Board.

(4) Item #3 - According to the capital plan, truck specifications should be compiled in the near future for the replacement of the 1993 GMC during FY 2003.

6. B. ROAD FOREMAN’S REPORT - (See attached report)

See items mentioned above in the RC’s report.

6. C. EXCESS WEIGHT PERMITS

Motion was made by J. Anderson and seconded by L. Bedell to approve the following Excess Weight Permit applications to expire on March 31, 2003.

Contractor # Axles Weight Requested Weight Approved

David N. Smith 2 Axle 32,500 # 32,500 #

3 Axle 55,000 # 55,000 #

Gurney Brothers 2 Axle 60,000 # 60,000 #

3 Axle 60,000 # 60,000 #

4 Axle 69,000 # Reduced to 60,000#

5 Axle 108,000 # Denied

Unanimous. Each contractor provided a current Certificate of Insurance in the amounts required by the permit.

4. B. SIGNS - LITTER AT RECYCLING AREA

Motion was made by R. Marek and seconded by L. Bedell to authorize the Administrative Assistant to order an appropriate sign for an amount not more than $200 to be placed near the recycling bins to inform the public of the town’s litter ordinance and penalties involved. Unanimous.

6. D. ACCESS/RIGHT OF WAY PERMITS

No Access/Right of Way Permits were submitted that required action by the Board.

4. C. OTHER OLD BUSINESS

L. Bedell reminded the Administrative Assistant of the dedication sign for the garden in front of the office. Approval has been given in the past for a sign to thank the Newfane Garden Club for their efforts in designing and maintaining the garden.

5. NEW BUSINESS

A. GOALS AND OBJECTIVES

Board members were given a list of the Goals and Objectives from last year as well as a list of suggestions from P. van Loon.

G. Katz expressed his concern for holding the line on the budgetary process as people are having a difficult time paying their taxes. The town budget does stay fairly constant with surplus most years that is turned back to the taxpayers. The school budget, which is 80% of the overall tax rate, is the major concern. With Act 60, the amount that residents pay for the school portion, is income sensitive which will allow for some to receive a rebate on their taxes. The tax burden is carried by the property owners as there is not much of a commercial base within town.

The goals and objectives discussed included town buildings - the Town Office (upstairs, storage, phone system) and the Williamsville Hall (sidewalk/steps, roof over lift door, paint outside); road improvements - South Wardsboro Road, Parish Hill Road, Upper River Road and River Road; policies - update of personnel policy, cell tower bylaw; bridges - Arch Bridge, Wiswall Hill Road bridge and Williamsville Covered Bridge; traffic calming measures in South Newfane/Williamsville; explore establishment of Development Review Board; establish informal meetings with Brookline; expand role of the Constable; and prepare specifications for new truck. L. Bedell questioned if the town needs to replace the 1993 GMC at this time. That discussion will take place at a later time.

The Goals and Objectives list will be redone with items of priority to be placed on one list and the other items on another list to be considered at a later time. The Board will review the list at the April 4th meeting.

5. B. CONSTABLE REQUEST FOR LETTER - DOG COMPLAINT

Motion as made by L. Bedell and seconded by G. Katz to have Chairman R. Marek compose a letter to be sent to Sarah Taylor regarding repeated violations of the Newfane Dog Ordinance. Unanimous.

5. C. APPOINTMENTS

The advertisement for the vacant positions has been posted in three public places and will be advertised in the Brattleboro Reformer on Saturday, March 23rd. It was mentioned that people may be leery of the Lister position. In a letter from T. Schreyer to the Board he mentioned that it will not be a time-consuming job. There should be a full complement of Listers to assistant in making decisions on matters that may come up during the reappraisal process. Besides the interest of F. Suponski in one of the two the Lister positions available, the Board received letters of interest in a Lister position from S. Hescock and D. Knechtel. The Board would like to speak with S. Hescock about her interest in the position. The Board would like to make at least one appointment to a Lister position on April 4th. Other positions available include, Auditor (3 positions), Grand Juror, Town Agent, Conservation Commission - 2004, and Zoning Board of Adjustment - 2 positions for 2006 and 1 position for 2005.

7. ADMINISTRATIVE ASSISTANT’S REPORT

A. Item #1 - Motion was made by L. Bedell and seconded by J. Anderson to have DAK look into giving the “old” Gateway computer to a non-profit organization. Unanimous. P. van Loon also had information from the VLCT News about places to give useable “old” computers to various organizations.

B. Item #3 - Motion was made by L. Bedell and seconded by R. Marek to authorize the Administrative Assistant to write letters to the various entities to advise them of the results of the votes at Town Meeting on Vermont Yankee and on Genetically Engineered Crops. Unanimous.

C. Item #5 - Motion was made by P. van Loon and seconded by G. Katz to have a Special Meeting of the Board on Thursday, April 11th beginning at 6:00 p.m. to meet with Bill Krajeski of Patriot Properties to receive and begin to review the draft preliminary report regarding the town-wide reappraisal. Unanimous.

8. MINUTES

The minutes of the Regular Organizational Meeting of 03/07/02 have not yet been completed. 9. PAY ORDERS

Motion was made by L. Bedell and seconded by P. van Loon to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:

03/09/02 Payroll $ 2,841.35

03/16/02 Payroll $ 2,792.27

03/20/02 Payroll $ 984.03

03/22/02 Acct’s Payable #22 $ 11,661.16 Unanimous.

IRS Electronic Federal Payroll Tax Payments

03/13/02 $ 1,177.34

03/20/02 $ 882.71

10. CORRESPONDENCE

A. The Board has received applications for correction to the Grand List for the Richard J. and Taunya Atomanuk property (D-266.3) which was destroyed by fire in 1999. The correction was made in 1999 but was not carried forward for the 2000 and 2001 Grand List. Motion was made by R. Marek and seconded by G. Katz to approve the correction of the 2000 and 2001 Grand List for the Richard J. and Taunya Atomanuk from $73,477 to a value of $17,950. Unanimous. A Board of Abatement will also need to be held to abate the taxes of the difference between the two values.

B. The final revised, Grand Agreement has been received from the Department of Housing and Community Affairs for the Historic Village designations for Williamsville, South Newfane and Brookside. Motion was made by J. Anderson and seconded by G. Katz to have the Administrative Assistant, Doris Knechtel, sign the grant agreement for the town. Unanimous.

C. There will be an Act 250 Hearing on Monday, March 25, 2002 beginning with a site visit at 10:30 a.m. for Kindle Farm Children’s Service. The hearing will take place at the Newfane Town Office immediately following the site visit. P van Loon will be attending.

D. The Agency of Transportation has asked which class 2 roads are scheduled for repair and/or retreatment so that they can plan the marking of the centerline of all Class 2 town highways. J. Gray will need to supply that information in the near future.

10. CORRESPONDENCE - (cont.)

E. The town has received a copy of the Leland and Gray Union High School response to the request by Townshend to reconsider the Jurisdictional Opinion #2-155 as it relates to the Fine Arts project within the school. The current Dutton Gym is proposed to be renovated for use as a fine arts center.

11. EXECUTIVE SESSION

No matters pertaining to Executive Session topics came before the Select board for discussion.

12. ADJOURNMENT

Motion was made by J. Anderson and seconded by L. Bedell to adjourn the Regular Meeting of the Board at 11:05 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen
Posted: Town Clerk's Office, Newfane Store, Williamsville General Store, and South Newfane General Store & Deli.
www.newfanevt.com

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ROAD COMMISSIONER’S REPORT - 03/21/02

1. No Permits reviewed.

2. Discussed flood audit and general road business with Jim.

3. After flood audit, new truck specifications are probably the next priority (after mud and spring snow).

4. Called Bill Noyes about Covered Bridge damage. He is calling an inspector to come down and inspect the bridge.

ROAD FOREMAN’S REPORT 03/21/02

TOWN OF NEWFANE HIGHWAY

1. Snowstorms on 03/18/02 and 03/20/02 were very difficult to plow due to the soft roads caused by warm weather. Winter was back for a while.

2. Roads that were muddy or has deep ruts have been graveled where necessary, graded, and raked.

3. Eighteen wheel trucks continue to use South Wardsboro Road (TH#1) at will, ignoring mud season posting. Henry Farnum to investigate the problem.

4. Equipment: a. Trucks will be changed over from winter maintenance to summer maintenance as conditions allow. This week is a prime example of changing weather conditions. B. All other equipment is operational.

5. Thirteen guard posts were knocked down on 03/14/01 on Dover Road (TH#2) by Monroe Bridge (BR#15). Insurance should pay.

6. Flood work paper work is nearly completed for Doris. Fitzpatrick bill is not separated for Newfane Hill Road (TH#20) and Upper Spring Hill Road (TH# 23) projects.

Respectfully submitted,

James O. Gray, Road Foreman

1. My newer Gateway monitor has been replaced under the warranty. Everything seems to be working correctly. Also the E-mail is up an running. I haven’t had too much time to spend on using it or the web. What would the Board like to do with my “old” computer?

2. Spent most of last week on revising the Cell Tower Bylaw, more than once. I think will be more changes before it is completed.

3. Letters from the Board need to be sent to the various entities advising them of the results of the votes at Town Meeting on Vermont Yankee and on Genetically Engineered Crops.

4. I am making it a priority to complete the Flood Reports so that the information can be reviewed and an audit and site visit conducted so that the additional funds came be reimbursed to the town. There is a note due on April 30th in the amount of $100,000.

5. Bill Krajeski of Patriot Properties will be ready with his required report on Thursday, April 11th, 2002. He will include a schedule of the timing for the rest of the process. Do the Board members want to meet with him briefly on that day and meet with him on April 18 to discuss the information in the report after you have reviewed it?

6. Red Chaffee indicated to me that he and David Berrie are not longer interested in being appointed to a position of Lister for Newfane. Frank Suponski will be in this evening to express his interest in serving as a Lister.

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