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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 05/20/04 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MAY 6th, 2004
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Carleton Chaffee, Priscilla Cotton, Gary Katz, and Chris Williams.
Also Present: Jodi French, Michael Winot, Todd Lawley, Marc Gray, David Clarkson, Myra Fassler, Chris Petrak, Charles "Bud" Bergmann, Hermine Bergmann, Fred Lawrence, Maris Rodman, Tana Lilienthal, Peter F. Lilienthal II, Laura Bacon, Fred Bacon, Walter Phelps, Thanice Petrak, Eleanor Applegate, Margaret Wimberger, Carol Ross, June Levinsohn, Dan DeWalt, Marcia Hylan, Tom Bedell, Lynn Bedell, Susan Dedell, Chris Triebert, Fred Homer, Jane Dewey, Deborah Feiner, Alan Darling, Kurt Bostrom as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman van Loon at 6:32 p.m.

2. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #1. A. - Access Permit #A04.02 - An Access Permit has been submitted by David Cotton for Kenneth Bower for a new access onto Tax Map #00D 122.16. G. Katz and K. Bostrom have looked at the access. Motion was made by G. Katz and seconded by C. Williams to approve Access Permit #A04.02 for Kenneth Bower on Newfane Hill Road. B-71 Standards to apply. An 18" culvert, one and one half times the width of the access is required. The first 20' are to be level or down gradient from the road as per the B-71 standards. In favor: P. van Loon, C. Chaffee, G. Katz and C. Williams. Abstaining: P. Cotton. Motion passes.
(2) Item #4 - The reason for putting up the Jersey Barriers on Depot Road (TH#2) during the warmer months was explained to G. Katz. P van Loon suggested that the current ANo Parking@ signs be replaced with new ones.
(3) Item #5 - Blocked culverts have been cleared on the intersection of Parish Hill Road (TH#26), Beetlestone Hill Road (TH#47) and Pike's Road (TH#60). K. Bostrom also spoke with Steve Levine about the Baker Brook Road (TH#19) road elevation and to Marshall Glickman about improvements to a town trail which he uses to access his property.

2. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #1 - Several pounds of ammunition was deposited along Baker Brook Road (TH#19). The highway crew walked the area twice to pick up the ammo. The Sheriff's Department was also involved and they have the ammo that was recovered.
(2) Item #3 - Some of the pressure treated posts that were replaced with new band rail were salvaged for some future use by the highway department.
(3) Item #4 - K. Bostrom looked at the Spring Hill Road (TH#24) drainage problem with Paul Gould of District #2. C. Chaffee mentioned that there is ditch work all over town that needs to be taken care of. K. Bostrom is going to go back after gravel is applied to needed areas to clean out the ditches.

(4) Item #6 - K. Bostrom presented the Board with a cost estimate from Innovated Envirotech for Liquid Chloride application. Kurt also spoke with abutting towns who use the same company. When Liquid Chloride is applied it works immediately and only one person is needed to apply the material, rather than two with the bags of flake chloride. If the town agrees to pre-pay $10,000 worth of liquid chloride, than the needed equipment can be used from the company for free for one year. Cost of the equipment is about $8,500. There is also a 15% discount/gallon if you pre-pay. It was not determined has to how much gallonage would be needed per mile. Motion was made by G. Katz and seconded by C. Williams contract with Innovative Municipal Products, Inc. for $10,000 worth of pre-paid liquid chloride for the use of the needed equipment for a one year period. Unanimous. There is $12,000 in the FY 2004 budget that has not been used to date.
(5) Item #7 - There will be a meeting with CVPS representatives and the property owners of the former Inn at South Newfane regarding on Wednesday, May 12th at 9:00 a.m. to discuss the installation of underground power. Gary Katz will be in attendance for the Board. A permit is required if they are to dig across the road.
2. C. EXCESS WEIGHT PERMITS
Motion was made by C. Chaffee and seconded by P. Cotton to approve the following Excess Weight Limit permit as amended:

Derrig Excavating, Inc. 2 axle @ 35,000# Okay  
  3 axle @ 60,000# Okay  
  4 axle @ 69,000# Reduced to 60M#  
  5 axle @ 80,000# Denied Unanimous

Motion was made by G. Katz and seconded by C. Williams to approve the Excess Weight Limit permit for:
Eagle River Mining, Inc. 2 axle @ 33,000# Okay Unanimous
C. Williams suggested that the Board may want to look at the Excess Weight Policy in relation to 5 axle truck with trailers and allowing a maximum of a 80,000# weight limit. If it is changed, all that have been denied the 5-axle 80,000# weight request will need to be notified.

2. D. ACCESS/RIGHT OF WAY PERMITS
See 2. A. (1) above.
2. E. SOUTH WARDSBORO ROAD (TH#1) PROJECT
K. Bostrom had been given the go-ahead at the meeting of 04/15/04 to proceed with the South Wardsboro Road (TH#1) project as planned.
2. G. CULHANE CORNER
Chairman P. van Loon met with Brud Sanderson of Steven and Associates at Culhane Corner to review the project and the submission they sent to the town for engineering of the project. The firm will conduct a survey of the area approximately 500 feet on either side of the Culhane property.
2. H. DISCUSSION OF LOADER BIDS
Selectboard members were given a spread sheet showing the information on the bids received for the purchase of a new wheel loader. The recommendation of the Road Foreman is to purchase a Caterpillar 924G Wheel Loader. T. Lawley agreed. Motion was made by C. Williams and seconded by P. Cotton to purchase a new Caterpillar 924G wheel loader for the new amount of $68,480 with a trade-in of a CAT 926E Loader. Discussion: There will be a set up for a plow attachment, but no plow will be purchased at this time. Unanimous.

2. I. DISCUSSION OF PAVING SECTION OF WM. MUNDELL ROAD (TH#53)
The Board received a letter from Ken and Patricia Campbell asking permission to pave a section of Town Highway #53 (Wm. Mundell Road). A diagram was provided. K. Bostrom indicated that it will assist the town with maintenance in that area. Motion was made by G. Katz and seconded by P. Cotton to approve of having Ken and Patricia Campbell pave a section of Wm. Mundell Road (TH#53) as described in the diagram provided. Unanimous.
2. J. OTHER ROAD BUSINESS
(1) A letter was received from Eagle River Mining regarding the road agreement of April 17, 2003, in particular, condition #6 dealing with reimbursement to the town for road maintenance. A letter will be written to Mr. Bowman by Chairman P van Loon to indicate that the amount of reimbursement shall be $2,500 plus 8%.
(2) A permit for laying pipes and wires under the road was received from Andy Yoder of Steep Way (TH#21). Motion was made by G. Katz and seconded by P. Cotton to approve the permit for laying wires under the road at the intersection of Bruce Brook, Steep Way and Brown's Road and to have Chairman P. van Loon sign the application. Unanimous.
(3) The bid for the mowing of the roadsides needs to be advertised.
HEARING - READOPTION OF THE INTERIM WIRELESS TELECOMMUNICATIONS FACILITIES BYLAW
Motion was made by P. Cotton and seconded by G. Katz to recess the regular meeting of the Selectboard and call to order the hearing for the Readoption of the Interim Wireless Telecommunications Facilities Bylaw at 7:15 p.m. Unanimous.
Motion was made by G. Katz and seconded by C. Williams to reschedule the hearing until May 20th beginning at 7:00 p.m. due to an error in the warning. Unanimous.
Motion was made by C. Chaffee and seconded by P. Cotton to close the hearing at 7:18 p.m. and return to the regular meeting of the Selectboard. Unanimous.

6. A. APPOINTMENTS
(3) WINDHAM REGIONAL COMMISSION REPRESENTATIVE
Jodi French was present to express her interest in serving as one of the representatives of Windham Regional Commission from Newfane. Motion was made by G. Katz and seconded by P. Cotton to appoint Jodi French to serve as a representative to Windham Regional Commission from Newfane. Unanimous. Piet van Loon is the other representative and has served for several years. George Weir also served for many years and recently decided not to continue in that capacity.
4. UNSCHEDULED MEMBERS OF THE PUBLIC
Marc D. Gray was present to discuss the mowing of the Town Office, Williamsville Hall and the town owned cemeteries. Motion was made by C. Williams and seconded by C. Chaffee to hire Marc D. Gray at the rate of $22.00 per hour including labor and equipment for the mowing of the Town Office and Williamsville Hall lawns and the town owned cemeteries. Unanimous.
3. SCHEDULED MEMBERS OF THE PUBLIC
A. CHRIS PETRAK
Chris Petrak and several interested citizens were present to discuss with the Selectboard the proposed reconstruction of the South Newfane Bridge (BR#14) by the South Newfane Store. He read a four page Citizen Statement regarding the matter as to what they believe the proposed design to be. (See attached) The statement indicates that the group objects to many aspects of the proposed plan, and they say that the proposed plan ignores the Dover Road Study and ignores many of the planning principles of the Town Plan. The statement request that the Selectboard reverse their decision to replace Bridge #14 and instruct the VT Dept of Trans. prepare a plan to rehabilitate the bridge that will maintain the current width and alignment of the bridge and provide for pedestrians.
A number of members of the audience expressed their concerns about building a new bridge versus rehabilitating the current bridge, many of which were included in the attached statement.
Board members explained the process connected with decisions made by the Selectboard regarding Bridge #14. The Board was aware that a previous decision had been made to rehabilitate the bridge. However, when it was learned from the state that there were serious scour concerns about the existing center pier of the bridge, the decision was made by the Board to replace the current bridge with a new bridge on a slightly different alignment. The new bridge would allow for safer ingress and egress from the patrons of the South Newfane General Store and the proposed three foot shoulders would allow for better pedestrian traffic than exists now. A temporary bridge would be required and the state would negotiate with the property owners involved. P. van Loon and G. Katz met with the involved property owners to show them the proposed plans for the new bridge. The VTrans Project Manager, Roger Whitcomb, plans to meet with the involved property owners in the near future. The estimated cost to the town for a new bridge is $120,000 or 10% of the total cost. The estimate for a rehabilitation would have been $32,500, or 5% of the total cost.
The Board will contact Roger Whitcomb to schedule an informational meeting to discuss the proposed plans for the replacement of bridge #14. There is some misinformation in the Citizens Statement that needs to be clarified. Those present will be notified of the date and the time of the meeting, which will also be posted in the usual four places, the web-site and the newspaper
.
5. OLD BUSINESS
A. DOG ORDINANCE
G. Katz has not had a chance to review the proposed Animal Nuisance Control Ordinance for the town. The Board will consider the proposed ordinance at the meeting of May 20th.
B. PERSONNEL POLICY
A new VLCT Municipal Employment Law Handbook has been received that speaks to several personnel issues. The handbook will be reviewed to determine if changes need to be made to the proposed Newfane Personnel Policy.
C. OTHER OLD BUSINESS
(1) P. van Loon drafted a letter regarding the request for the last meeting for a resolution to request for an independent engineering assessment of the VT Yankee Nuclear Power Plant. It is a mute point now as according to the news this has been ordered to be done.
(2) Green-Up Day was a success again this year. However, the structure that was made from some of the debris that was found during the green-up collections was left on the lawn of the Williamsville Hall after the Pot-Luck supper and contained signs with political views that the Board did not feel was appropriate, especially displayed on town property. P. van Loon will speak to the co-chairs of Green-up about the matter.

6. NEW BUSINESS
A. APPOINTMENTS
(1) LELAND & GRAY SCHOOL BOARD (1) - No candidate was suggested.
(2) CONSERVATION COMMISSION - No candidate was suggested.
(4) WINDHAM SOLID WASTE ALTERNATE SUPERVISOR - No action.

6. B. GOALS & OBJECTIVES - 2004 - 2005
There needs to be a bid specification compiled for replacing the furnace at the Town Office. There was also a question about when the last time the Town Office was painted, outside. The inside of the building could use a new coat of paint. On the Williamsville Hall, the Board members agreed to meet at the Hall on Thursday, May 13th at 6:30 p.m. to review items that need to be done to improve the inside of the building.
6. C. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
Lt. Kevin Anderson of the Vermont State Police will be in attendance at the Selectboard meeting of May 20th to discuss the contract that the town and VSP have for law enforcement. The Board will try to schedule the Dummerston Selectboard to attend the meeting of June 3rd and to contact the Dover Selectboard about meeting with them on July 1st.
6. D. OTHER NEW BUSINESS
(1) The Board will schedule a 6-month review with the new Road Foreman for Thursday, July 1st beginning with an Executive Session at 6:00 p.m. He will be asked to give a the Board a report on progress being made. A list of questions and a performance will be completed for the file.
(2) K. Bostrom will need to find out when P. Jones will be retiring in order to give the town enough time to advertise and interview for a replacement.
(3) There has been an appeal filed by Joseph Wright of VT Route 30 to the Environmental Court regarding a decision of the Zoning Board of Adjustment. Motion was made by C. Chaffee and seconded by G. Katz to have Hendrik W. Van Loon be the representative at the hearing on behalf of the town. Unanimous. No date has been set for the appeal hearing. 7.

ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
(1) Item #1 - Suburban Propane will be contacted about calibrating the ovens at the Williamsville Hall.
(2) Item #4 - The flag display looks terrific! Thanks to Shelbajean for the flag and pole and to the road crew for installing the pole. The light timer needs to be reset and a new light needs to be installed.
(3) Item #5 - P. Cotton will get a price on the color correct bulbs to replace some of the current florescent bulbs. There are at least 12 bulbs out in the main meeting room.

8. MINUTES
No minutes were available for the Board due to the absence of the AA due to a leg injury.

9. CORRESPONDENCE
A. Correspondence has been received from the Newfane School Board regarding G. Katz's questions about the possibility of joining several supervisory districts. Studies have been done on the state level and more information is available at the WCSU central office.
B. A copy of the submission to the State Environmental Board from West River Acres regarding the AStreamside Vegetation at Winchester Stables@ has been received by the town.
C. Copies of the Windham County Sheriff's Department 03/28/04 through 04/10/04 and for 04/11/04 through 04/24/04. It was noted that they are over budget for this fiscal year.
D. A notice has been received that Todd Lawley is the Forest Fire Warden for Newfane and may be reached at (802) 365-4754.
5. C. OTHER OLD BUSINESS - (cont.)
(3) P. van Loon reported that he has not heard from Verizon regarding the town's request for $2,500 for the requested Easement for communication equipment building on Dover Road.

5. C. OTHER OLD BUSINESS - (cont.)
(4) Board members agreed that there needs to be a concerted effort to move forward with the inventory of the towns bridges, roads and culverts in order for the town to receive additional grant funds for road projects.
(5) Floyd Roberts, District #2 Administrator, has indicated that he will be unable to fund the recent applications submitted by the town. However, the request for engineering funds for Culhane Corner has been granted.

10. PAY ORDERS
Motion was made by P. Cotton and seconded by G. Katz to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
04/17/04 Payroll $ 3,210.87
04/24/04 Payroll $ 2,433.75
04/30/04 Payroll $ 2,562.22
05/01/04 Payroll $ 2,948.14
05/07/04 Acct.'s Payable #22 $ 443,951.49 Unanimous.
IRS Electronic Federal Payroll Tax Payments
04/21/04 $ 956.20
04/28/04 $ 928.05
05/05/04 $ 684.78

11. EXECUTIVE SESSION
No matters came before the Selectboard that required the need of an Executive Session.

12. ADJOURNMENT
Motion was made by C. Chaffee and seconded by C. Williams to adjourn the Regular Meeting of the Board at 9:38 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



ROAD COMMISSIONER'S REPORT - 05/06/04

1. Access Permits
A. Kurt and I did a site visit on Newfane Hill Road (TH#20) for the access permit David Cotton is submitting for a client. Sight distances in both directions are fine. The access will require a driveway culvert. As long as the drive enters Newfane Hill Road (TH#20) at the proper elevation for the distance of twenty feet back from the road, we recommend the Selectboard approve the application.
B. I also spoke with Kurt about the need to be sure people understand that the Selectboard needs to sign off on permit applications in advance. No problem.
2. Liquid Chloride
Kurt recommends we try using liquid chloride on the roads for a year. He will describe his recommendation at tonight's meeting. Seems like a good idea.
3. Comprehensive Plan
Kurt is identifying several road projects that need to be done. I suggested he develop a prioritized list to show the Selectboard so that we can agree on what can be done with the existing budget and what will have to wait.
4. Depot Road Parking Area
Kurt was putting in the Jersey Walls to block off the parking area on Depot Road (TH#2), something we do each year when the weather warms up. I don't remember why we do this. Anybody recall? Is it still necessary?
5. Road and Culvert Concerns
Kurt and I have met with Steve Levine about Baker Brook Road, Joe and Phyllis Mandel and Irving Pike about Parish and Beetlestone, and Marshall Glickman about his private road. Kurt shared some advice that Marshall requested, has cleared culverts at Parish and Beetlestone and Pike's Road, and will work on the road elevation and a culvert on Baker Brook Road.
6. Guardrails
Guardrail work is progressing on Dover Road and has been completed on Stratton Hill Road.
Gary Katz, Road Commissioner



ROAD FOREMAN'S REPORT - 05/06/04

1. An estimated 16 - 18# of ammo was picked up on Baker Brook Road (TH#19).
2. Green Up Day - We picked up 122 bags, 22 tires and two pick-up trucks of metal.
3. Band Rail - The new rail has been put up and the old rail has been taken away.
4. Spring Hill Road (TH#24) - Paul Gould and I have talked about the ditch problem.
5. Grading - All but 3 roads have been graded, upper Baker Brook Road (TH#19), upper Newfane Hill Road (TH#20) and Steep Way (TH#21).
6. Liquid Chloride - I have talked to two different companies about equipment and prices.
7. CVPS - May 12th at The Inn at South Newfane at 9:00 a.m. a meeting of CVPS and landowners about some underground utility wires. (Under the road)

Kurt Bostrom, Road Foreman


To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: May 6, 2004

1. Nissa Petrak called to ask if the town can have someone calibrate the ovens at the Williamsville Hall. One is running hotter than indicated and one is running lower.

2. Lyssa Singleton called to say that the school has received a grant for the playground equipment in the amount of $9,621.00. They will apply for the additional funds through a grant application next year.

3. You have been given a copy of the February financial information which still includes the expenses that were accrued for FY 2003. I spoke to Shelba about ir the other day and she will be taking care of it.

4. Did you notice the flag pole and the new flag out front? Compliments of Shelba and dedicated to all who have worked for the town.

5. Several of the florescent lights need to be replaced. Are we going to purchase the color correct bulbs to replace the existing?

6. Sorry that I have been out of commission for the past few weeks and didn't get any of the things accomplished that I had hoped to do. I'll keep plugging away.

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