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Any and all corrections to the following minutes will be made at the 05/18/00
Board of Selectmen's Meeting and are considered unapproved until then.
Corrections will be noted in the minutes of that meeting.
MINUTES - REGULAR MEETING OF THE BOARD OF SELECTMEN
JUNE 1st, 2000 NEWFANE TOWN OFFICE
PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Lynn Bedell, Richard Dowley
and Carter Van Iderstine.
Also Present: Stephen Barrett Brattleboro Department of Public Works,
Bea MacFarland, Earle Stebbins, Frank Suponski, John J. Feifel Deputy
Health Officer, June Williams, Gorty Baldwin, Piet van Loon, Zoning
Administrator, James O. Gray, Road Foreman, and Doris Knechtel, Administrative
Assistant.
1. CALL TO ORDER
Chairman M. Rohan called the Regular Meeting of the Board to order at
6:58 p.m.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. STEPHEN BARRETT - BRATTLEBORO PUBLIC WORKS
Steve Barrett, Director
of the Brattleboro Department of Public Works, was present to the Board
the first step of requirements of the State of Vermont to develop a
Source Protection Plan to protect the quality and quantity of the Brattleboro
drinking water. The watershed lies within the towns of Dummerston, Marlboro,
Newfane and Brattleboro. Sunset Lake is the primary water source of
the 1.7 million gallons of water used per day in Brattleboro. The Retreat
Meadows serves as a back up. All of the property owners involved have
been sent a copy of the information as well as an educational fact sheet
on Septic Systems. The next step in the process will be to have the
water tested at different locations at different times of the year.
Underground fuel tanks could also be a concern of the water quality.
The Brattleboro Public works would like to be kept informed of any land
use permit applications or other related issues that occur within their
Source Protection Area. A more detailed map and other related materials
are available from Brattleboro or WRC.
LARGE WHITE PINES - CORNER OF WEST ST (TH#1) & CROSS ST (TH#14)
The
bids for the cutting of the two large pines at the corner of West Street
(TH#1) and Cross Street (TH#14) have been sent out to possible bidders
and will also be advertised for bids to be returned on June 15th. The
bid calls for the trees to felled and remain on site OR removed from
the site. June Williams indicated that she had offered to pay for the
trees to be removed in 1983, but a petition stopped the cutting of the
trees. Because the trees "were not allowed" to be cut at that time,
it was felt by some Board members that the town assumed the responsibility
for any costs associated with the trees. J. Williams indicated that
she cannot afford to pay for the cutting of the trees now. She stated
that she does not have any interest in any value there may be in the
lumber from the trees. She was asked to write a letter to the Board
to indicate that she is not interested in the trees and any value realized
from the wood may go to the town.
3. UNSCHEDULED MEMBERS OF THE PUBLIC
Frank Suponski was present to state his objection to having the Zoning Administrator visit his property unannounced on a Sunday afternoon to check on the status of the zoning permit submitted for replacing his dwelling which burned earlier in the year. F. Suponski has built an apartment over the old garage and foundation and is in the process of building a new residence. The Sewage Control Officer also went to visit the site recently without calling first to set up an appointment. F. Suponski has his land posted with "No Trespassing" signs. As a town Lister, he is supposed to call and make an appointment when going to assess a property in town. He questions if there are two sets of rules for town officials going onto private property. J. Feifel indicated that he had at one time been invited to Suponski's property. If necessary, he could have been issued a court order to be allowed to trespass onto the property carry out his job responsibilities.
The Board will look into the guidelines to be used by the Listers, the Zoning Administrator and the Sewage Control Officer when going onto private property to effectively carry out the responsibilities of their respective jobs. J. Anderson suspects that there is a wide range of authority involved for the positions mentioned.
L. Bedell indicated to Piet van Loon that F. Suponski was in earlier during the meeting to state his objection to having the ZA appear on his property unannounced. Mr. van Loon indicated that he was reviewing permits that he had some questions about. He had a friendly talk with F. Suponski and worked through any differences there may have been. At a ZA seminar, he was advised that the ZA has a right to go onto property at any time for a violation, knock on the door, and leave if no one is home. There has to be some latitude for enforcement.
4. ROAD BUSINESS -
A. ROAD COMMISSIONER'S REPORT - (No written report was submitted)
The River Road (TH#15) town project is progressing well. According to J. Gray the work should be completed by the first of next week. (06/06). J. Anderson questioned the loading of sand into the base of the trucks hauling ledge. It appears that the sand may have come from the proposed road intersection project. The sand may be used to protect the body of the truck when loading ledge. J. Gray will speak to M. Fitzpatrick about the matter.
B. ROAD FOREMAN'S REPORT - (See attached
report)
(1) Item #2 - The first part of the River Road (TH#1) project cost is $9,711. J. Gray has received a quotation for the installation of 358 linear feet of bandrail from F.R. Lafayette: 6' steel posts - $3,383.10 or 8' posts $3,938.00. The bandrail can be installed next week after the project is completed. Motion was made by R. Dowley and seconded by J. Anderson to have F. R. Lafayette install bandrail with 8' posts for the amount of $3,938. and to have L. Bedell sign the proposal on behalf of the town. Unanimous. L. Bedell suggested calling the Reformer to have them report about the state working with the town to get fix a long time road problem.
(2) Item #3 - Road signs have been taken for the intersection of Hobby Hill Road and Baker Brook Road (TH#19). The Windham County Sheriff's Department has been notified.
C. EXCESS WEIGHT PERMITS
Motion was made by L. Bedell and seconded by C. Van Iderstine to approve the Single Vehicle Excess weight Permits for Carl and Rhonda Brown as presented with maximum weight limits allowed of 60,000#. A request for over 60,000# was denied. Unanimous.
D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way permits were presented that required any action by the Board.
F. NEWFANE VILLAGE DRAINAGE
The plans and specifications for the improvements to the drainage in the village have been completed by Stevens & Associates. Wm. Noyes has indicated that he is willing to meet with eligible contractors at the site to review the project and the plans. The contractors will be asked to breakdown the costs associated with the project as: Alternate #1 - Church/Four columns; Sidewalk and Granite Curbing; and Street Work. The estimates from the engineers has been $5,900 for Alternate #1 and $10 - 12,000 for the sidewalk and street portions. The budgeted amount for the town portion is $7,500, of which $2,000 has been used for engineering.
Gorty Baldwin asked when the construction will take place and how long will it take? That will depend on the contractor selected. His concern is for the guests at the inn and the noise and inconvenience involved. G. Baldwin has expressed his willingness to share the cost with the church for Alternate #1. Wm. Noyes will be asked to schedule a site meeting. All parties will be informed of the date and time.
G. OTHER ROAD BUSINESS
(1) A response is needed by the VAOT regarding the conceptual plans for the Brookline/Newfane Bridge #19. Brookline has reviewed the plans and agrees with them as presented. J. Gray will be asked if he has had a chance to review the plans, as yet, when he arrives at the meeting. (He will review them before the meeting of June 15th.)
(2) M. Rohan questioned what criteria was used for the list prepared by R. Dowley and J. Gray of roads to be considered for discontinuance or change of status. The RC and RF should pare down the list with more specific criteria that may be applied in an equal and fair manner. The Board may go to look at the roads to be considered on the first meeting in July. The list should be grouped by sections. The process to discontinue and/or a road is long and involved. Mention was made of property value and tax implications if the road changes from public to private.
(3) The paving bids for FY 2001 are being reworked and will be ready for 06/15.
(4) J. Gray has been to the Benedetto property on Stratton Hill Road (TH#35) and has found that the items that were asked to be moved have not been moved yet.
(5) L. Bedell reported that Old Stage road (TH#9) is washing away on one side and is becoming more narrow.
Chairman M. Rohan had to leave the meeting at 8:10 p.m. Vice-Chairman Lynn Bedell the rest of the meeting.
5. OLD BUSINESS
A. APPOINTMENT - CONSERVATION COMMISSION - (2003) - No action taken.
B. APPOINTMENT - PLANNING COMMISSION (1) - Term until 2003 - No action
was taken. PC Chairman Joan Weir has been given the name of a possible
candidate to contact who may be interested in serving on the commission.
C. WILLIAMSVILLE HALL UPDATE
The three-bay sink has not been obtained. Jeffers will be contacted
to ensure that what is being purchased is the right thing. Art Campbell
has indicated that the estimated cost to upgrade the electrical as discussed
at the meeting held on May 11th at the hall will be $2,200. He will
submit a more detailed proposal list. DAK put together some preliminary
figures of Williamsville Hall expenditures over the past few years.
D. COPIER COMPARISONS
DAK did not get a chance to prepare a detailed comparison for the Board.
A new price was received for a Toshiba copier from Green Mountain Office
machines. SymQuest will be contacted about the cost of the machine they
quoted. The networking feature is not necessary.
E. MILLER V. TOWN OF NEWFANE UPDATE
Frank Suponski, town Lister, inquired as to what is going on with the
Supreme Court case of Miller V. Town of Newfane in their appeal of the
appraised value set by the state. The Board has offered to settle for
the value set by the BCA plus legal fees. F. Suponski indicated that
it is his belief that the Selectmen do not have the authority to change
the value set by the state and he would like to see a letter from the
Attorney General regarding the matter. The Board did ask the attorney
being used by the town in this case and the Board does have the authority
to act on behalf of the town in representing the community in legal
matters. The Lister have been previously given all of the correspondence
regarding the matter.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See
attached report)
A. Item #4 - The Board reviewed the proposed Financial Audit bids for
FY 2001 and indicated that it would be okay to get requests for bids
out.
B. Item #6 - Motion was made by J. Anderson and seconded by C. Van Iderstine
to draft a letter to be written to WW Building about moving items and
vehicles off of the Town Office property. Unanimous.
C. Item #8 - The Board reviewed and discussed the memo and information
regarding the burning of a brush pile. The Newfane Fire Warden did not
issue a permit to Joseph Wright and wrote a letter to Mr. Wright explaining
the reasons why. Board members agreed with his letter to J. Wright.
Motion was made by J. Anderson and seconded by C. Van Iderstine to write
a letter to Todd Lawley to indicate that the Board has confidence in
his judgment and will support his decision to see the matter through
to a successful resolution. Unanimous.
8. MINUTES
The minutes of the Regular Meeting of 05/18/00 were reviewed
by the Board. Motion was made by C. Van Iderstine and seconded by J.
Anderson to approve the minutes of the Regular meeting of 05/18/00,
as written. Unanimous.
9. PAY ORDERS
A. Motion was made by J. Anderson and seconded by R. Dowley to approve
the Newfane Payroll and Accounts Payable Warrants, as signed, for the
following amounts:
05/20/00 Payroll $ 2,630.54
05/27/00 Payroll $ 2,660.77
06/01/00 Payroll
$ 2,418.58
05/22/00 Acct's Payable #25 $ 357.83
06/02/00 Acct's Payable
#26 $ 35,398.29
Unanimous
B. IRS Electronic Federal Payroll Tax Payments
05/24/00 $ 1,352.24
05/31/00 $ 902.48
10. CORRESPONDENCE
A. A copy of a letter to the attorney for Donald & Linda Miller from
Jane Krochmalny, attorney for the town of Newfane in this matter, regarding
the proposed settlement of the case plus a copy of the request to extend
the time required for filing the Printed Case and Appellants Brief has
been received.
B. A letter has been received from Stevens & Associates which includes
information from a recent phone conversation about the drainage design
improvements for the Village of Newfane, along with sidewalk and curb
standards to be used.
C. A Project Review Sheet has been received from the Environmental
Board (Act 250) giving the town permission to remove blasted rock from
the proposed TH#15/TH#4 intersection site to be used on the River Road
(TH#15) improvements area.
D. A copy of a Project Review Sheet has been received from the Environmental
Board (Act 250) for the proposed Robert & Rosalind Fritz construction
of a 26' X 32' meeting room. Copy of a letter from ANR to Robert & Rosalind
Fritz regarding their waste water permit application.
E. Letter has been received McFarland-Johnson, Inc. Regarding a meeting
on June 7th at 6:30 p.m. in Brattleboro regarding potential location
for the Park and Ride Facility.
F. There will be a Site Plan Review by the Planning Commission for
the change of use of the barn at the Moore Free Library on Tuesday,
June 6, 2000 at 7:00 p.m.
G. The May 2000 issue of the VLCT News has been received. H. The quarterly
newsletter has been received Retired & Senior Volunteer Program.
11. EXECUTIVE SESSION - No matters came before the Board that required
Executive Session.
12. ADJOURNMENT Motion was made by R. Dowley and seconded by L. Bedell
to adjourn the Regular Meeting of the Newfane Board of Selectmen at
9:35 p.m. Unanimous.
Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen
Posted: Town Clerk's Office, Newfane Store, Patsy's County Seat Market,
Lessing's Family General Store and South Newfane General Store & Deli.
www.newfanevt.com
ROAD FOREMAN'S REPORT 06/01/00
TOWN OF NEWFANE HIGHWAY
1. The following roads were worked on since the last regular Board of Selectmen's meeting: Steep Way (TH#21), Upper Springhill Road (TH#23), Newfane Hill Road (TH#20) from Dhenbe's to Kenny Pond where needed, River Road (TH#15), Otis Road (TH#22), Stratton Hill road (TH#35), Hunter Brook Road (TH#32), Chapin Road (TH#39), Deer Hill Road (TH#37), Nichols Road (TH#8), Sir Isaac Newton Road (TH#7), Vic Benjamin Road (TH#64), and French Cabin Road (TH#36).
2. The River Road (TH#15) project is being done at the present time by Fitzpatrick Crushing and Excavating Co. The work should be completed next week. Lafayette has been contacted in regard to bandrail that will be necessary.
3. Signs have been taken on Hobby Hill Road and Baker Brook Road (TH#19) intersection last weekend. It has been reported to the Windham County Sheriff's Department.
4. Equipment: A. The brakes on the L-9000 are being repaired. B. Two sanders are awaiting sandblasting at the Dick Thomas Garage. C. The emergency brakes on the F-550 are being repaired at Rountree Ford. (Warranty work). D. Two sanders are to be sandblasted and painted.
Respectfully submitted,
James O. Gray
To:
Board of Selectmen
Memorandum
From:
Doris A. Knechtel
Subject:
Administrative Assistant's Report
Date:
June 1, 2000
1. Jim Brisson called to indicate that there has still be some lights left on at the Williamsville Hall at odd times.
2. I spoke with Joan Weir about contacting David Cotton regarding consideration of serving as a member of the Planning Commission.
3. The bid has been sent out for the cutting of the large pine trees. The bids are due on June 15th.
4. The bids need to be sent out for the audit of the Fiscal Year 2000 Financial Statements. (Copy enclosed with your information).
5. I spoke with Fred Nicholson, ANR Stream Alteration Permit Administrator, about the work being done on River Road (TH#15). As long as no work is done in the river, it is all right with him. There is enough space for the improvements being done. He indicated that if the town would have had to cut into the opposite bank they would have had a lot of unknown costs. From all reports, the project looks great! According to J. Gray's report the project will not be completed until next week. Jim has a proposal for the installation of band rail.
6. I have looked at the survey for the Town Office property and notice that there are a lot more materials "stored" on the town property by WW Building Supply than originally thought. Some will be moved to their new storage sheds, but it may be a good time to say something to ensure that the rest of it is also moved.
7. A copy of the Newfane Bidding Procedures Policy has been included with your information for review and possible changes.
8. Separate memos have been enclosed with your information regarding the Newfane Village Drainage, the copier purchase and also regarding a burning permit for Joe Wright.
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