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MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MAY 17th, 2001
WILLIAMSVILLE HALL
NEWFANE TOWN OFFICE
Any and all corrections to the following minutes will be made at the 06/07/01 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.
PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, Lynn Bedell and Richard Marek.
Also Present: Bill Jakubowski, CVPS Right of Way Coordinator, Terry Redfield CVPS Utility Arborist, David Miller CVPS Operations Supervisor, Judy Egan, Myra Fassler, Lee Anne Nopper, Greg Andrews, Bruce Landenberger, Nancy Riege, Walter Phelps, Piet van Loon - Zoning Administrator, Joan Weir - Newfane Planning Commission, Charles Bergmann (NPC), Gunther Garbe (NPC), John Feifel (NPC), James Gray, Road Foreman, and Doris A. Knechtel, Administrative Assistant.
1. CALL TO ORDER
The regular meeting was called to order by Chairman Michael Rohan at 6:35 p.m.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. CVPS/VERSION - UPGRADE UTILITY LINES
William Jakubowski, Right of Way Coordinator for CVPS, had asked the Board to schedule a public hearing regarding a petition for the upgrade/rebuild of overhead utility lines along Dover Road from the Arch Bridge (BR#12) to Parish Hill Road (TH#26). The petition includes language that would require tree trimming/cutting in the highway limits has been reviewed and approved by the Newfane Tree Warden. The wires are to be put within diamond shaped brackets to reduce the amount of cutting required. This type of bracket is often used in more congested areas, even though it is more expensive and harder for the maintenance crews to work on.
The question was raised about the removal of the existing poles. W. Jakubowski indicated that which ever utility removes the last wire from current pole is responsible for removing the old poles, usually that would be telephone company, Verizon.
Ten property owners were listed for notification of the meeting. All other private easements between CVPS and property owners have been obtained. According to Terry Redfield, CVPS Arborist, cutting options have been discussed with property owners and will be reviewed again with CVPS, the Town Tree Warden and the property owner. The purpose of the project is to update the old, small lines with new lines because of the increased demand for electrical service. It is anticipated that the project will begin this summer and will be completed by the end of the year.
The Selectmen have the statutory authority to sign the petition and to represent the interest of the public involved. Motion was made by J. Anderson and seconded by M. Rohan to have the Newfane Board of Selectmen sign the Central Vermont Public Service Petition for Pole and Wire Locations with the work to be completed according to the plans as presented and the conditions of the petition. Unanimous.
2. B. NEWFANE PLANNING COMMISSION
(1) WILLIAMSVILLE POST OFFICE
Joan Weir, Chairman of the Planning Commission, indicated that the commission will delay the discussion of the digitized tax mapping until a later date rather than at this meeting as planned.
The Board and the Planning Commission have received a response from Charles J. Dudek, Attorney for the USPS, explaining the applicability of local zoning to the United State Postal Service. The letter indicates that Postal Service facilities, either leased or owned, are not subject to local zoning and land use regulations. The town had written a letter expressing concerns about safety for pedestrian access, traffic circulation and parking. The letter also mentioned the lease of another portion of the property to another business that had previously been considered a home industry for the previous owners.
The town officials would still like to meet with members of the USPS to discuss the traffic circulation, parking and pedestrian concerns. If there is a parking and traffic circulation plan, it has not been presented to the town. Vehicles are parking diagonally and backing out into traffic which is against the law. There also should be a designated space for handicap parking. Sight distance, in particular in a westerly direction, is somewhat limited. P. van Loon indicated that he has been in touch with Emily Wadhams, of VT Historic Preservation, and she was contacted initially about the building, but has not been involved in the final renovations of the structure. She has some aesthetic concerns about the project as it has been built.
It was suggested that the town may want to involve the US Senators, in particular James Jeffords, to assist the community with the zoning concerns and cooperation with the USPS. Motion was made by R. Marek and seconded by L. Bedell to have P. van Loon and D. Knechtel work on a draft letter incorporating the list of town concerns regarding the South Newfane/Williamsville Post Office to be addressed to the USPS Facilities Manager and signed by Chairman M. Rohan and PC Chair Joan Weir with a request for a meeting. Unanimous. The involvement of the US Senators and US Representative will be considered at a later date.
2. C. SPEED ENFORCEMENT AND TRAFFIC CALMING
At the next meeting of June 7th, there will be a discussion of ideas of what can be done for the speed enforcement and traffic calming. The suggestions will be listed in order of priority. A major part of the process will be to work closely with the Windham County Sheriff's Department on the enforcement of the speed limit of 25 mph through the villages and the issuance is traffic tickets to the offenders.
4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #1 - The ditching for the flood work on Steep Way (TH#21) has not been done in an acceptable manner. Wm. Noyes will look at the ditches. It may be recommended that monies be withheld from the contractor until the situation is corrected.
(2) Item #4 - J. Anderson spoke with J. Brisson regarding the flower boxes within the town highway right of way. The boxes are there to keep people at the hall from parking on his yard. Mr. Brisson is looking into the permit process. He should be made aware that he is liable for any damage caused by placing objects within the right of way without permission (a signed permit).
(3) Item #5 - J. Anderson would like to offer to property owner, Steve Levine, the installation of an arch style culvert and swale to help with the drainage problem by the Levine property on Baker Brook Road (TH#19).
4. B. ROAD FOREMAN'S REPORT - (See attached report)
No action was required from any of the items within J. Gray's report.
4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits have been received that required the action of the Board.
4. D. ACCESS/RIGHT OF WAY PERMITS
(1) Motion was made by J. Anderson and seconded by M. Rohan to sign the Approval to Proceed with Access Permit #A01-02 with temporary log landing access submitted by Steve Hardy of Green Mountain Forestry, on Sunset Lake Road (TH#43) onto property owned by Keith and Marsha Thomas. Unanimous. Because of less that required sight distances, a condition of the permit will be to put up temporary sings to warn motorists of the logging operation access. J. Gray also mentioned that the trucking company should obtain an Excess Weight permit for the logging truck with a pup.
(2) Motion was made by J. Anderson and seconded by R. Marek to sign the Approval to Proceed with Access Permit #A01-03 submitted by Michael Rohan to widen an existing access on Wiswall Hill Road (TH#11) at Tax Map Lot # B247. In favor: J. Anderson, F. Bacon, L. Bedell and R. Marek. Mr. Rohan recused himself. Motion passes. This permit replaces #A99-04.
(3) Motion was made by J. Anderson and seconded by R. Marek to sign the Approval to Proceed with Access Permit #A01-04 submitted by Dennis Wiswall to change an existing access to residential with the condition that a 15' culvert 1_ times the width of the access with other B71 standards to apply. Unanimous.
4. E. PROPOSED PLANS FOR RIVER ROAD (TH#15)/RADWAY HILL (TH#4)
Matthew Beck of Beck Engineering in Jamaica, VT supplied the Board with correspondence between him and Nick Mercede and Williams Noyes as well as a proposed schematic plan for the intersection of River Road (TH#15) and Radway Hill Road (TH#4). To meet the required site distances vegetation on the Hersh property should be removed. At a previous meeting in January of 1997 the Hersh's agreed to trimming of some trees. There needs to be a meeting scheduled at the sight with Wm. Noyes, M. Beck, N. Mercede, T. & A. Hersh, Board members, the Road Foreman and other interested parties. J. Gray will contact Wm. Noyes to determine his availability. There may be an opportunity to meet on May 29th after the Vic Benjamin Bridge (BR#51) meeting.
4. F. YEAR 2000 BRIDGE INSPECTION REPORTS
The Board has received the Year 2000 Bridge Inspection Reports for twenty-five Town-owned bridges in Newfane over twenty feet in length. This does not include such bridges as Vic Benjamin (BR#51) and Adams Hill (BR#26). The Agency of Transportation provides the inspection service with 80% of the cost paid by the Federal government and 20% by the State. Board members and the Road Foreman have reviewed the reports. The Board will prioritize the needed repairs and attempt to fix one or two bridges a year. The Arch Bridge (BR#12) report suggests that the bridge be scheduled for major rehabilitation or preferably replacement. F. Bacon prepared lists showing the summary of the condition of each bridge. Motion was made by M. Rohan and seconded by R. Marek to sign the Calendar Year 2000 Bridge Inspection report to indicate that the Board has received and reviewed the report. Unanimous.
4. G. OTHER ROAD BUSINESS
(1) The specifications for paving to be done for Fiscal Year 2002 have been prepared. One mile of Dover Road (TH#2) from the Dover/ Newfane line if proposed for paving. Motion was made by M. Rohan and seconded by F. Bacon to send the Paving Bid specifications to prospective bidders as well as advertise the request for bids in the Reformer. Unanimous.
5. OLD BUSINESS
A. REVIEW OF SPECIAL TOWN MEETING NEEDS
The Board members have received information at previous meeting regarding the Special Town meeting to be held on June 7th beginning at 7:00 p.m. at the Williamsville Hall to exempt certain properties from town municipal and school taxes for the next five years. The property owners have been sent a copy of the warning along with a memo and the tax implications for each parcel. Some members indicated that they felt that certain parcels should not be exempt while others indicated that the status quo should be preserved. No additional materials were requested by the Board for the meeting.
5. B. OTHER OLD BUSINESS
(1) The Board reviewed the financial information received for April 2001. The Board is struggling with the expense information to figure out where the town is at financially, because of the way expenses are shown. The confusion is related to the emergency (flood) materials, wages (no emergency wages shown) and revenues received from the FEMA funds. The information will be looked into for clarification.
6. NEW BUSINESS
B. REVISED DRAFT B - REAPPRAISAL RFP
The revisions to the Draft B Reappraisal RFP have been made by R. Marek. The document was reviewed by T. Schreyer, Lister. M. Rohan and R. Marek spoke with T. Schreyer about his concerns. The Listers role in the reappraisal was likened to that of a "clerk of the works", whereby they have the day to day contact and let the Board know of the progress begin made before payment is made. The contract is with the Legislative body, which makes the key decisions for the town. Other suggested changes were made, which R. Marek made before the end of the meeting. Motion was made by J. Anderson and seconded by L. Bedell to make the most recent changes and send out the Reappraisal RFP after it has been reviewed by R. Russell Rice, Real Estate appraiser, for his comments. Unanimous. Depending on the comments and recommendations received from Mr. Rice, the Board may meet for a Special Meeting on Thursday, May 24th at 7:00 p.m. for about one hour. The Listers will also be given a copy for their review and comment. The Reappraisal RFP request will be advertised in the Rutland Herald, the Brattleboro Reformer and the Burlington Free Press.
6. C. DRAFT - CONTROL OF LITTER ORDINANCE
A draft Ordinance for the Control of Litter has been prepared for possible consideration for adoption by the Board to help with the problems associated with the trash that is left by the recycling containers and other trash left within the town boundaries. Board members will review the draft document for consideration at the next meeting on June 7th.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #4 - The owner of the property where the dilapidated trailer is located will be contacted about the possible removal of the trailer. The health officer will also be notified to investigate any possible health hazard associated with the remains of the trailer.
B. Item #5 - Susan Rice will be contacted to let her know that the town does not have a time when South Wardsboro Road (TH#1) will be widened in the area of her residence. If the project does occur, it could be as much as a week and she will be informed well in advance.
C. The windows on the main level of the Williamsville Hall are being worked on by the Draft Detective.
D. Motion was made by J. Anderson and seconded by F. Bacon to have Chairman Michael N. Rohan sign the application for the Zoning Permit to have the parking for the Town Forest Trails be permanent and to sign the ZBA application for a variance request for the front setback for parking for use of the Town Forest Trails. Unanimous.
Chairman M. Rohan had to leave the meeting at 10:00 p.m. Vice-Chairman L. Bedell chaired the rest of the meeting.
8. MINUTES
The minutes of regular meeting of 05/03/01 were reviewed by the Board. CORRECTIONS - Page #2, 11. P 2, last sentence to read: No decisions were made as a result of the discussions held during Executive Session. Page #2, 4.B.(2), last sentence to read, "The boxes have probably been put there to keep people from parking on their lawn." Motion was made by R. Marek and seconded by F. Bacon to approve the minutes of the regular meeting of 05/03/01, as corrected. Unanimous.
9. PAY ORDERS
Motion was made by L. Bedell and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
05/05/01 Payroll $ 2,737.98
05/12/01 Payroll $ 2,682.44
05/15/01 Payroll $ 2,104.22
05/18/01 Acct's Payable #25 $ 13,907.06 Unanimous.
IRS Electronic Federal Payroll Tax Payments
05/08/01 $ 1,725.76
05/15/01 $ 939.08
5. B. OTHER OLD BUSINESS
(2) Board members present discussed the proposed State design of new Williamsville Covered Bridge. Some members prefer to still have the same look as the current bridge that is to be replaced. The Board would like to discuss the design of the new covered bridge at the June 7th meeting. The Board members will be meeting sometime in the near future with Historic Preservation representatives to discuss possible plans for a new location and use of the current covered bridge.
11. EXECUTIVE SESSION
No matters came before the Board that required an Executive Session.
12. ADJOURNMENT
Motion was made by R. Marek and seconded by L. Bedell to adjourn the Regular Meeting of the Board at 10:25 p.m. Unanimous.
Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen
Posted: Town Clerk's Office, Newfane Store,
Lessing's Family General Store and South Newfane General Store & Deli.
www.newfanevt.com
ROAD COMMISSIONER'S REPORT - 5/17/01
1. Jim and I reviewed some of the flood repair work that was done last fall. The situation with the stone lined ditches is not acceptable on Steep Way (TH#21). The situation on Upper Spring Hill Road (TH#23) is better, however, the ditch is too shallow in several sections. It appears that the ditch may have been acceptably deep before stone was put into the ditch, however, the stone is not distributed in a uniform layer (should be stone lined, not stone filled), and brings the depth of the ditch up too much. There has been a lot of expensive stone used on these projects and it should be used correctly. As it is the ditch will remain in place forever and the road immediately adjacent to the ditch will wash out. On Steep Way (TH#21) there are sections where the layer of stone is very narrow, has no trough and actually extends upwards towards the banks on the sides of the road. These sections will never look like Route 30, however, what is there is ridiculous and should be corrected. Stone lining of ditches simply may not be practical on these steep narrow roads without extensively digging out the banks on either side.
2. Incomplete (no header) culvert flood work on the upper section of Steep Way (TH#21) was partially undermined and washed out during the Winter. Jim found and corrected the problem before the large plastic culvert was damaged. The work can now be completed by Fitzpatrick as planned.
3. The logging access on Lost Mile Road (TH#43) was reviewed and it appears to be in the only possible place. Sight distances are very short, however, traffic is light and signage (by logger) could help to warn people that trucks are entering the road.
4. I spoke with Mr. Brisson who is now aware of the requirement to obtain right of way permits when placing anything in the right of way. Mr. Brisson indicated that he would move the flower planters back a foot while he looks into the permit process. He is primarily concerned about parking for the Grange Hall. There has been more use of the hall and he feels that is in unfair for everyone to park in front of his house. The Grange has no parking facilities other than on street parking.
5. I spoke with the owner of the spring at the corner of Dover Road (TH#2) and Baker Brook Road (TH#19). This spring is in the logical location where a culvert could be used to drain the property between the bank and the road at the beginning of Baker Brook road (TH#19). This property has very bad drainage. The road forms a barrier to the drainage of water. Any change in the grade of the road, mo matter how slight, has a large affect. The spring is being used as a primary water supply. The town should not dig in the area and disturb it. This means that any culvert would need to cross the road at a point where a swale would be needed to carry the water from the end of the culvert to the brook. Would the board consider putting a culvert in this general area if the property owners would find it beneficial?
6. Green Up Day resulted in about the same amount of trash picked up. The areas that have been Greened Up in the past have fewer large items (couches, tires, etcetera). Still plenty of beer bottles. Thanks to all the Green Up volunteers who may read this in the minutes.
7. The Crispes called about a project on South Wardsboro Road (TH#1). They will be obtaining permits if they want to do work in the right of way. Their contractor is familiar with the requirements.
Road Commissioner
Jesse Anderson
ROAD FOREMAN'S REPORT 5/17/01
TOWN OF NEWFANE HIGHWAY
1. The following roads have been worked on since the last B.O.S. meeting: Jail Road (TH#56), Browns Road (TH#45), Steep Way (TH#21), Cemetery Hill Road (TH#16), Hunter Brook Road (TH#32), Lynch Bridge Road (TH#34), South Wardsboro Road (TH#1), Sunset Lake Road (TH#42), Wheeler Hill Road (TH#26), Adams Hill Road (TH#27) from Steve Jones' to Cersosimo Camp, Deer Hill Road (TH#37), Sears Road (TH#44), Mayers Road (TH#40), Clark Farm road (TH#12), and Grout Road (TH#19).
2. Chloride has been ordered for dust control.
3. Green Up Day was very successful this year. A total of 87 bags, 5 tires, and 2 car batteries were picked up.
4. Flower boxes, large rocks, sign, and stonewalls are being put in the town highway right of way without a permit. This creates hazardous conditions for vehicles, pedestrians, bicycles, horses etcetera. Permit system should be enforced.
5. Equipment Maintenance: A. The F-550 is Rountree Ford for 30,000 M service and warranty work. B. The last sander was taken off the International truck last week. C. The 4 X 4 Chevy wiring to the glow plugs has been re-routed due to obsolete resistors that failed.
Road Foreman
Jim Gray
_
To:
Newfane Board of Selectmen
Memorandum
From:
Doris A. Knechtel
Subject:
Administrative Assistant's Report
Date:
May 17, 2001
1. I spoke with Pat Mendini of U.S. Senator James Jeffords's office regarding funds for relocating the Williamsville Covered Bridge. There are various sources of funds depending on the final use of the bridge. She suggested meeting with Historic Preservation first to come to a conclusion as to the final use of the bridge and then to get back to her about funding sources for reconstruction.
2. Engineer Matthew Beck dropped off the proposed plans for the River Road (TH#15/Radway Hill Road (TH#3) intersection, which is included with your information. Also included is correspondence between him and N. Mercede and Wm. Noyes.
3. I spoke with Gail Lawson, Esq. from VLCT about a Model Telecommunication Ordinance. She indicated that they are revising their current model and it will be available in about a month at which time she will sent a copy to me. She also indicated that it should be incorporated within the Zoning Bylaw.
4. Lyle Granger stopped in to express his concern about a dilapidated trailer belonging to Harold Dove located on the South Wardsboro Road (TH#1). It is a hazard to inquisitive youngsters. If the town can do anything to get rid of the eyesore, he will assist in the trailers removal.
5. Susan Rice called to inquire if and when South Wardsboro Road (TH#1) is to be widened in the area of her residence (Former Lynn August/Anderson property). If it is to be done, she would like to know how many days of construction are anticipated.
6 Melissa Astley, 26 River Road (TH#15) was in to ask that the speed limit be lowered from 30 mph to 25 mph in the area of her residence.
7. Sally Topitzer from the Newfane Garden Club has supplied a sketch of the bench and walkway for in front of the Town Office. They will be installing the bench this year with assistance from J. Gray. The walkway has been put on hold until funds are raised and/or received from grants.
8. A draft "Ordinance for the Control of Litter" has been included with your information for review.
9. Bill Noyes called and he will be meeting with contractors at the Vic Benjamin Bridge (#51) site off of South Wardsboro Road (TH#1) on Tuesday, May 29th at 9:15 - 9:20 a.m.
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