Any and all correction to the following minutes will be made at the
06/05/03 Newfane Selectboard’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 15th, 2003
NEWFANE TOWN OFFICE PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and
Chris Williams.
Also Present: Paul Van Gelder of Newfane Business Association, Edward
Druke, Sr. of Emergency Management, and Doris Knechtel as Administrative
Assistant.
1. CALL
TO ORDER
The regular meeting was called to order by Chairman at 6:31 p.m.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. NEWFANE BUSINESS ASSOCIATION - PAUL VAN GELDER
The Newfane Business Association is organizing a Newfane Community Yard
Sale to be held on Saturday, June 28th from 8 A.M. to 4 P.M. The yard
sale will be along Route 30 and West Street. The purpose is to raise money
for additional funds needed for the summer concerts. The side judges have
indicated that the event will not be able to use the east side of the
common for parking. Mr. Van Gelder is asking permission to use the Town
Office for parking. Motion was made by G. Katz and seconded by P. Cotton
to let the Business Association use the Town Office parking lot on June
28th keeping an area open for residents who will be recycling. Unanimous.
3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. The Board and Emergency Management Directors have received a Public
Works/Highway Department Mutual Aid Agreement Proposal from Windham Regional
Commission. E. Druke has reviewed it but has not discussed it with the
other members on the Emergency Management Committee. The Board also needs
to review and discuss the contents with J. Gray present. The towns of
Westminster, Dover, and Putney have signed the agreement and Brattleboro
is in the process. The item will be discussed at the meeting of June 5th.
B. Ed Druke reported for the Village Enhancement Committee that a “Welcome
to South Newfane” sign is being designed by Townsend Signs on Auger
Hole Road that is to be erected on Fred Jenness’s property on Dover
Road (TH#2). E. Druke indicated that included on the sign was to wording
about slowing down. He will be responsible for obtaining a permit for
the sign. P. van Loon reminded those present that discussion at previous
meetings regarding traffic calming “welcome”signs, called
for the design of the signs to be uniform in nature for entrances into
the villages of South Newfane, Williamsville, Newfane and possibly Brookside.
C. VT Emergency Management Managers received word for FEMA that there
are unsolicited funds available under Emergency Management Performance
Grant (EMPG) for fiscal year 2003. Eligible projects can include training
activities, planning, the purchase of emergency response equipment (not
vehicles), or innovative projects/programs that better prepare Vermont
communities or responders for all hazardous events. The grants require
a 50/50 match. Applications have to be received by June 2nd and must be
spent by September 30, 2003. E. Druke will contact Bud Knickerbocker of
WRC regarding the application requirements and he will discuss a possible
application with the other members of the town’s Emergency Management
Committee.
4. F. OTHER ROAD BUSINESS
(1) There was a discussion about what happens to the ditch material that
is removed from the ditches during road maintenance. In some cases it
is given to the property owner if they want it so it doesn’t have
to be trucked too far. It is also brought to the Fitzpatrick pit off of
VT Route 30 at no cost. C. Williams suggested that some of the ditch material
could be put over the guard rails in areas of erosion. Vegetation will
grow in the ditch material.
(2) E. Druke and G. Katz drove around and looked at some of the roads
that had been graded and looked at the ditches. There is some mitigation
work that needs to be done to keep the ditches in good order.
4. D. ACCESS/RIGHT OF WAY PERMITS
(1) There has been a request for a logging access off of Depot Road (TH#2)
on property now owned Powling/Fletcher. The site distance in an easterly
direction is limited. The access has been denied for this property in
the past. If the access is to be used for logging only, the permit should
be conditioned to require flagmen. It was suggested that Powling approach
the neighbors about a shared access. Motion was made by G. Katz and seconded
by C. Williams to have a letter sent to Powling/Fletcher to suggest that
they contact the neighbors about sharing a common access before the Board
makes any decision about the current requested access. Unanimous. (See
also RC Report Item #1.A.)
(2) Motion was made by G. Katz and seconded by G. Baldwin to approve Access
Permit #A03-02 submitted by Neil and Anne Montgomery in Timson Hill Road
(TH#44) onto Tax Map Lot # 00D057 with the conditions that an 18"
culvert one and one-half the width of the access be required and that
access be level or down gradient for 20 ft. Unanimous. (See RC Item #1.B.)
(3) The Board reviewed the request by Donald Liptack to dig across Railroad
Lane, a legal trail, to change the location of a water line away from
a replacement septic system which has been designed by an engineer. After
much discussion, motion was made by G. Katz and seconded by G. Baldwin
to approve the request with the condition that the Board and the neighbors
be notified in a timely manner as to when the work is to be done. Unanimous.
(See also RC Report Item #2)
4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #3. A. - The Board asked J. Gray to put the speed limit signs
up where required on Baker Brook Road (TH#19) and parish Hill Road (TH#26)
by the uniform standards.
(2) Item #3. B. - The was discussion on the location of the cold patch
storage, whether it should remain at the old town garage site or if it
should be at the new town garage site.
(3) The Board spoke of culverts throughout town that need attention. The
fairly new culvert on South Wardsboro Road (TH#1) by Van Iderstine/Dahlin
is not working properly; the culvert on Timson Hill Road (TH#41) by Sinon’s
is plugged and may need to be replaced at a different angle; and the culvert
on Timson Hill Road (TH#41) that extends through the wall by the G. Raymo
property needs work. It should be a priority to keep the culverts and
ditches in good condition in the event of an emergency weather situation
to mitigate any problems.
4. B. ROAD FOREMAN’S REPORT - (See attached report)
(1) Item #5 - The bids for Roadside Mowing and Calcium Chloride have been
prepared by the Administrative Assistant. Motion was made by G. Katz and
seconded by G. Baldwin to advertise and send out the bids to potential
bidders. Unanimous.
4. C. EXCESS WEIGHT PERMITS
No excess weight permits were submitted that required any action by the
Board.
4. E. DISCUSSION - SEARS ROAD (TH#44) CONTINUED HEARING
A letter has been received for the abutting property owners on Sears Road
(TH#44) regarding the discontinuance of the road. The letter indicated
that the Kearney’s will bare the costs of the legal work required
for transferring the right of way that is needed for the Johnson’s
to have ingress and egress to their property. The hearing for the proposed
discontinuance of Sears Road (TH#44) began on January 23rd, 2003. After
discussion, the Board agreed to meet for a site visit on Thursday, June
12th at 6:30 p.m. at the road site and to continue the hearing after the
site visit at the Newfane Town Office for a possible decision on the matter.
4. F. OTHER ROAD BUSINESS - (cont.)
(4) A letter has been received from Farber/Friedelson regarding damage
to their fence and shrubbery as a result of winter maintenance. The claim
has been sent to Terri McAdam of VLCT. She will be in the area on Friday,
May 16th to review the site.
(5) A letter has been sent to the Verizon Right of Way Manager, Karen
Kotecki, by the Chairman, regarding the removal of the 75 or so old poles
along Depot and Dover Roads and a question about a new pole the has been
recently set in Williamsville.
5. A. DECISION ON AUDIT BIDS
Three bids were received from CPA firms (see minutes of 05/01/03) for
the auditing of the Newfane financial information for Fiscal Years 2003,
2004, and 2005. There was also a question about GASB 34 standards, what
it means and does the town need to comply with the standards. G. Baldwin
spoke with each of the CPA firms and supplied the Board members with a
GASB 34 Guide for Vermont Towns from VLCT. G. Baldwin pointed out various
aspects of the GASB 34 standards. There does not appear to be any direct
requirement to comply. If Newfane has to meet the GASB 34, the new reporting
standards would begin in FY 2004. The standards require a better tracking
and reporting of Capital Assets and depreciation. There is also a requirement
for tracking and reporting infrastructure which includes bridges, drainage
systems, roads, sidewalks, dams and lighting systems. It does not include
buildings or land. The town has been discussing setting up the inventory
of the culverts and road infrastructure to reduce the town’s cost
from 20% of the total cost to 10% on highway project grant applications.
The audit firm of Graham & Graham bid $6,900 for FY 2003. Pieciak
& Company, Inc. bid a total of three years for $18,050 and if GASB
34 required a total of $20,500 for three years. Mudgett, Jennett &
Krogh-Wisner bid a total of $18,000 for three years. In conversation with
the firm, G. Baldwin indicated that is GASB 34 is required, it would be
an extra $500 per year, or a total of $19,500. G. Baldwin’s recommendation
is that the town hire the firm of Mudgett, Jennett and Krogh-Wisner for
a three year period. The CPA firm has been auditing Newfane’s books
for several years and would know where changes need to be made to comply
with the GASB 34 standards. Motion was made by G. Baldwin and seconded
by G. Katz to awards the bid for the auditing of the Newfane financial
statements for FY 2003, FY 2004 and FY 2005 to Mudgett, Jennett &
Krogh-Wisner, P.C. for the cost of $6,000 per year or a total of $18,000.
Unanimous.
5. B. DRAFT PERSONNEL POLICY
The Board will review the Personnel Policy at a later meeting. It was
mentioned that highway employees are sometimes not taking their one-half
hour lunch break and are receiving overtime pay for the extra time over
8 hours. Employees should be taking their required lunch hour break.
5. C. OTHER OLD BUSINESS
(1) C. Williams will speak with Walter Phelps about the repair of the
front doors. The Board is very pleased with his proposal and offer to
fix the doors to bring them to good working order. He will need to contact
the Administrative Assistant about the rental dates for the building.
(2) A letter has been received from Marc Gray which indicates that his
hourly rate for the use of equipment and labor for the mowing of the cemeteries
and the town office lawn remains at $20.00 per hour. Motion was made by
C. Williams and seconded by G. Katz to accept his rate for the mowing
of the cemeteries and the town office lawn and to ask if he can also mow
the lawn at the Williamsville Hall and weed wack the hill occasionally.
Unanimous.
6. NEW BUSINESS
A. APPOINTMENTS
(1) REPRESENTATIVE TO RESCUE, INC.
A possible candidate has been contacted, but no response has been received
as yet.
(2) ZONING BOARD OF ADJUSTMENT - TERM - 2007
A letter has been received from Edward Nelson of Timson Hil Road which
indicates that he is interested in serving as a member of the Zoning Board
of Adjustment. Motion was made by G. Katz and seconded by G. Baldwin to
appoint Edward Nelson to serve as a member of the Zoning Board of Adjustment
until 2007. Unanimous.
6. B. GOALS & OBJECTIVES LIST
The Goals and Objectives list will be reviewed again at a later meeting.
The priority items on the list seem to be in the works.
6. C. SCHEDULE MEETINGS WITH BOARD, TOWNS AND AGENCIES
Sheriff Sheila Prue and/or a representative from the Windham County Sheriff’s
Department have been invited to meet with the Board on June 19th. The
new contract for FY 2004 should be available at that time.
6. D. OTHER NEW BUSINESS
(1) S. Hescock prepared information for P. van Loon regarding the amount
of oil used for heat at the Town Office, the Williamsville Hall and the
Town Garage. Each building uses about 2,000+ gallons per year, with the
Williamsville Hall using the most. It was suggested that the town put
out a bid for oil with the option for pre-paying. The town may want to
also incorporate the local fire departments to get a better price per
gallon.
(2) It has been determined that the drop inlet drain in front of the South
Newfane General Store is the responsibility of the property owners.
(3) Chairman P. van Loon will write a letter on behalf of the Board to
Patricia O’Dell Vietch regarding her abandon trailer that is within
the town highway right of way and on someone else’s property on
Hunter Brook Road (TH#32).
7. ADMINISTRATIVE ASSISTANT’S REPORT
A. Item #6 - Andy McPhail called to indicate that, with the Board requested
use of Duration paint, he would increase his bid by $200 to $6,700. Motion
was made by G. Katz and seconded by P. Cotton to award the bid to Andy’s
Home Care Services in the amount of $6,700 for the painting of the Williamsville
Hall. Unanimous. Replacement of any trim or clapboards will be extra time
and materials.
B. Item #2 - David Clarkson has filed an appeal to the Zoning Board of
Adjustment on the town issued permit for the Eagle River Mining, Inc.
project. There has been an Act 250
Application filed by Eagle River Mining, Inc. for an extention of the
existing mining permit for that property. Questions were raised about
how the residents can be involved in the Act 250 process. Those listed
as abutting property owners or owners within the general project area
will receive from Act 250 a notice of application and hearing with dates
to respond if there are issues and/or a date when a hearing will be held.
The Selectboard and the Planning Commission have each received a copy
of the application for review and comment.
C. The Board has received the March 2003 Revenue and Capital reports.
Also received were the April 2003 Revenue, Expense and Capital Fund reports.
For the end of April 96.85% of the anticipated revenues have bee received.
For the end of April 76.53% of the Town and Highway budgets have been
expensed.
D. The new phone system has been installed. The office personnel are becoming
familiar with the changes.
E. Bazin Brothers has been contacted about when they will begin the bridge
project on Bridge #32 on Bruce Brook Road (TH#21) No response has been
received as yet. Property owners and emergency vehicles need to be notified.
8. MINUTES
The Board reviewed the minutes of the Regular Meetings of 04/17/03 and
05/01/03 and the minutes of the Special Meeting of 05/08/03. Motion was
made by G. Baldwin and seconded by C. Williams to approve the minutes
of the Regular Meetings of 04/17/03 and 05/01/03 and the Special Meeting
of 05/08/03, as written. Unanimous.
9. PAY ORDERS
Motion was made by G. Katz and seconded by C. Williams to approve the
Newfane Payroll and Accounts Payable Warrants for the following amounts:
05/03/03 Payroll $ 2,550.80
05/10/03 Payroll $ 2,556.23
05/15/03 Payroll $ 1,788.07
05/16/03 Acct.’s Payable #25 $ 49,196.64 Unanimous.
IRS Electronic Federal Payroll Tax Payments
05/07/03 $ 1,317.55
05/14/03 $ 799.73
10. CORRESPONDENCE
A. A copy of a letter has been received from the Agency of Natural Resources
to the South Newfane Baptist Church which indicates that wahts to amend
their existin gpermit by eleiminating the proposal to connect to the water
supply at the Inn at South Newfane and drill a new on-site well.
B. A Project Review Sheet has been received from the Environmental Board
the Kindle Farm Children’s Service is planning to construct a 10'
X 14' wood shed on the back of the existing garage and construct and operate
an 18' X 20' blacksmith shop and attached wood shed.
C. The February and March summary repoerts have been received from the
Windham County Sheriff’s Department as well as the detail report
for 04/13/03 to 04/26/03.
D. Notification has been received from the Vermnont Department of Health
that John Feifel has been reappointed as Deputy Health Officer for Newfane
for a three year term commencing on May 1, 2003.
E. The May 2003 issue of Opinions from the Secretary of State’s
Office has bee received.
11. EXECUTIVE SESSION
No matters came before the Selectboard that required Executive Session.
12. ADJOURNMENT
Motion was made by P. Cotton and seconded by G. Katz to adjourn the Regular
Meeting of the Board at 9:57 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 of 05/15/03
1. Access
Permits
A. Powling Access: The best arrangement at this site would be to have
a common access with the existing drive adjacent to the property. Sight
distance is a serious problem in any event. On a 40 MPH road the sight
distance is supposed to be at least 560 feet in each direction. The distance
to the left exiting the site is probably okay at 515 feet. However, the
sight distance to the right is only 240 feet, making this a potentially
dangerous situation. If the Board chooses to approve the access permit
for logging only, it should be conditioned to require two flagmen when
vehicles are entering and exiting the site. The permit should also be
conditioned to require that the property owners seek a separate permit
if they decide at some point in the future to create a residential access
at this site. Two previous Select Boards have rejected residential access
permits for the sitebased on safety considerations.
B. Montgomery Access: This permit is okay to approve. The site is on a
30 MPH road and sight distances are fine in both directions (well over
500 feet each way). The permit should be conditioned to require a 15 inch
culvert at the road since water clearly runs along the side at the proposed
access popoint. The permit approval should also remind the property owners
that the access should be level as it comes to the road.
2. Other
Permits
The Liptack permit request to dig to lay pipes across Railroad Lane is
okay as long as the pipes are a minimum of six feet deep. But, there are
a couple of important questions that need to be answered before issuing
the permit: How long would the road have to be closed for the digging
and what would the neighbors who need to use the road to get to and from
their property do during that time?
3. Select Board Questions
A. Speed Limit Signs on Baker Brook Road: The Board asked for Jim’s
recommendations about where to put the additional signs. He suggests one
opposite the existing 25 mph sign and one shortly after the right turn
onto Baker Brook Road from the bridge at Parish. However, Jim believes
that enforcement is still the problem since discussions with the Sheriff’s
people indicates that no enforcement would be done unless a vehicle was
traveling 15 MPH or more over the speed limit.
B. Cold Patch Storage: Chris asked if we could move the cold patch storage
from the old garage to the new one. Jim believes that it is valuable to
keep it at the old garage since it is out of the way and a State inspector
has looked at it recently and said it was not a problem there.
C. Bridge Sweeping: This is just a follow-up to an earlier suggestion
to look into alternatives to hand-sweeping the bridges in Town - I noticed
today that VTrans also sweeps the bridges by hand.
4. Recent
Heavy Rains
Following the heavy rain on May 2, I road around with Ed Druke to see
wash-out damage long Newfane Hill Road. The heavy rains has resulted in
significant scouring and wash-out problems there and on numerous other
Town roads. The road crew has been dealing with the problem areas in a
priority order and has done at least the preliminary fixes on most of
the roads since that storm and the short one last Sunday. Some of the
smalleer roads such as Wiswall Hill and Bensch still need attention and
will be worked on shortly.
Gary Katz,
Road Commissioner
ROAD
FOREMAN’S REPORT 05/15/03
TOWN OF NEWFANE HIGHWAY
1. The following
roads were graded and raked: Otis Lane (TH#22), Upper Spring Hill Road
(TH#23), Timson Hill Road (TH#41), Beetlestone Drive (TH#25), Newfane
Hill Road (TH#20), Sir Issac Newton Road (TH#7), New Road (TH#30), Loop
Road (TH#76), Cemetery Hill Road (TH#16), Flynn Road (TH#49), Steepway
Road (TH#21), Browns Road (TH#45), Wiswall Hill Road (TH#11) from Rohan’s
to end of Wiswall Hill Road and rough spots on South Wardsboro Road (TH#1).
2. Street signs are being put up that were stolen. Additional missing
signs ordered.
3. Vacation time is now being taken throughout the ummer months.
4. Equipment: A. The ‘90 Mack is back in service. B. The 2000 International
4900 series truck is being repaired at Delureys in Hoosick, NY. C. All
other equipment is operational. D. Sanders to be oiled.
5. Bids should go out for Calcium Chloride and Roadside Mowing.
6. Green-Up Day was a successful event and it went very smoothly.
Respectfully
submitted,
James O. Gray, Road Foreman
To:
Newfane Selectmen MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: May 15, 2003
1. Ed Druke
will be at the meeting this evening as a representative of the Village
Enhancement Committee to discuss the entry sign in South Newfane on the
Fred Jenness property.
2. David
Clarkson may be in this evening regarding the Eagle River Mining, Inc.
matter of permits received and the Act 250 application.
3. VLCT is
investigating both claims of fence damage, Crispe and Farber/Friedelson.
Terri McAdam, from VLCT, will in the area on Friday for site visits.
4. Signed
letters have been received from the current property owners on Sears Road
(TH#44). The Board will need to set a date for a site visit on Sears Road
(TH#44) as the last step of the Discontinuance Hearing before making a
decision.
5. The Roadside
Mowing bid and the Calcium Chloride bid need to be advertised and sent
out soon. Copies are within your information. Don Elliot who has been
doing the roadside mowing for the past few years informed Jim Gray that
he has sold his tractor and will not be available for the job.
6. I spoke
with Andy McPhail, Andy’s Home Care, about the use of Duration paint
on the Williamsville Hall building. He did get back to me on the adjustment
for the use of the more expensive paint. The additional cost would be
$200 for a total of $6,700.
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