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Any and all correction to the following minutes will be made at the
07/17/03 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
JUNE 19th, 2003
NEWFANE TOWN OFFICE
PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and
Chris Williams.
Also Present: Donna Christiansen, Bud Bergmann, James Gray as Road Foreman
and Doris Knechtel as Administrative Assistant.
1. CALL
TO ORDER
The regular meeting was called to order by Chairman at 6:35 p.m.
Chairman van Loon indicated that he will need to attend the ZBA Hearing
being held in the Town Clerk’s office so the Board will need to
a Chairman Pro-Tem. Motion was made by G. Baldwin and seconded by P. Cotton
to appoint Gary Katz as Chairman Pro-Tem until P. van Loon returns. Unanimous.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. WINDHAM COUNTY SHERIFF’S DEPARTMENT
Sheriff Sheila Prue will be attending the meeting of July 1st. A deputy
may be coming this evening to answer any questions regarding the WCSD
contract.
B. CHARLES “BUD” BERGMANN - HIGHWAY ACCESS
The Board has received a copy of the recess memo from the District #2
Environmental Commission with a list of items to be completed by C. Bergmann
before his Act 250 permit is granted. Motion was made by C. Williams and
seconded by P. Cotton to wait until the Act 250 recess memo requirements
are completed before the town access permit to the subdivision is approved.
Unanimous.
3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Donna Christiansen of Bruce Brook Road (TH#21) was in to speak with
the Board about vehicles exceeding the speed limit on Bruce Brook Road.
She would like to see more patrol in the area.
B. D. Christiansen was present to speak on behalf of the neighbors regarding
some dogs in the area of Browns Road that have not been restrained and
have bitten adults and another dog. The concern is not just for those
that have been attack but also for the children who live in the area.
There is an urgent concern about the dogs running loose. The Windham County
Sheriff’s Department as well as the town Constable have been notified
of the most recent incident. If the dogs are seen running lose, the neighbors
are to contact the Sheriff’s Office. The neighbors want to know
what action has been taken by the WCSD and what the Selectboard is doing
about it.
C. The other matter that was brought up by D. Christiansen is to request
a sign be put up regarding “Children at Play”. Motion was
made by P. Cotton and seconded by G. Baldwin to have J. Gray put up a
sign where appropriate on Bruce Brook Road (TH#21) either by symbol or
by wording for “Children at Play”. Unanimous.
2. B. CHARLES “BUD” BERGMANN - ACCESS PERMIT - (cont.)
Charles Bergmann came to discuss his access permit to a subdivision off
of Dover Road (TH#2) near the intersection with Auger Hole Road (TH#3).
The town has asked Mr. Bergmann to provide engineered plans for the access
due to the excess amount of run off from the old logging road into the
town highway, well before the Act 250 hearing. The road to the one house,
using the old logging road is to be about one-thousand feet. C. Bergmann
has spoken with various engineers about the drainage situation, and he
has provided some plans for how he feels the excessive run-off matter
can be solved. He feels that engineers would over design plans and it
would be expensive of him. As an architect, he is familiar with what is
needed. The Board told Mr. Bergmann of their decision earlier in the meeting
to wait until the Act 250 recess memo requirements are met before approving
of the access. Mr. Bergmann felt that it was unfair of the town to ask
that Act 250 consider the entire four-lot subdivision instead of the one
lot discussed at the hearing. Board members indicated that it was done
in the town’s best interest to protect the town and to look at future
planning needs and possible impacts, such as roads, emergency response
and schools. Mr. Bergmann indicated that his current interested buyer
for the lot may not want to wait until all items are gathered as requested
in the recess memo. Mr. Bergmann felt that he has met the goals of the
Town Plan with his proposed development. He felt that it is unfair for
the Board to vote on action to be taken at the Act 250 hearing after C.
Bergmann had left a recent meeting with the Board.
Chairman P. Van Loon returned to the meeting at 8:06 p.m.
4. D. ACCESS/RIGHT OF WAY PERMITS
(1) An Access Permit has been received from Palmer Goodrich II for a logging
access onto Sunset Lake Road (TH#42). The access was installed before
a permit was obtained or approved. The sight distance to the north is
limited while the sight to the south is okay. It was suggested that conditions
be added to the permit for requiring signs and flagmen. G. Katz feels
that there should be some penalty for starting without a permit and a
permit should not be issued until he meets with the Selectboard. The town
does not have a written policy to allow for any penalties for those who
do not adhere to the requirements of the Access/Right of Way permit process.
A copy of the Grafton Highway Access Policy was given to the Board. There
is a fee included for the permit application. No enforcement or penalty
section is included. There is a section included in the policy for logging.
Motion was made by P. Cotton and seconded by C. Williams to approve the
temporary logging access permit for P. Goodrich with the following conditions:
that there is a flagman present at the time of entering and leaving the
site; that proper water bars be installed; that there be proper signing
of the site; and that the access is not to be used for residential purposes.
In Favor: P. van Loon, G. Baldwin, P. Cotton and C. Williams. Opposed:
G. Katz. Motion passes. The Board may consider a policy to back up the
Access/Right of Way permit application. (See Road Commissioner’s
Report - Item #1.A.)
(2) There are some questions about the proposed Traudt residential access
onto Depot Road (TH#2) before it is approved. (See Road Commissioner’s
Report - Item#1.B.)
4. G. OTHER ROAD BUSINESS
(1) J. Gray has made some contacts regarding the mowing of roadsides.
Costs and availability will be looked into.
(2) On Stratton Hill Road (TH#35) the berm along the road side of the
stream has been opened to allow equipment to access the property. A letter
will be written to inform the property owners that they will need to replace
the berm to its original or better condition.
(3) J. Gray was informed of the “Children at Play” sign for
Bruce Brook Road (TH#21). Minutes - Newfane Board of Selectmen’s
Regular Meeting - 06/19/03 Page #3
4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
4. B. ROAD FOREMAN’S REPORT - (See attached report)
4. C. EXCESS WEIGHT PERMITS
Two Excess Weight Limit permits have been received.
(1) Motion was made by G. Baldwin and seconded by C. Williams to approve
the Single Vehicle Excess Weight permit for Sam Garfield for the maximum
amount of 60,000#. Unanimous.
(2) Motion was made by G. Baldwin and seconded by P. Cotton to approve
the Valley Crane Service Excess Weight Permit for 130,000# 5- axle truck
and crane with the condition that the route to be used is pre-approved
by the Road Foreman and that there be a Sheriff’s escort when coming
into the community. Unanimous.
4. E. DISCUSSION - HIGHWAY STRUCTURES & CLASS 2 ROADWAY GRANTS
From the amount in the FY ‘04 budget and the amount from the grant
the town will be able to do approximately $124,000 of paving and side
dressing. For the Monroe Bridge (BR#15) and the Culhane corner project
on Dover Road (TH#2) grants, Paul Gould, District #2 Acting Technician,
will meet with the RC and the RF on the plans and details for the projects
to be sent out for bids. The Culhane corner may be a concrete retaining
wall faced with stone.
4. F. SOUTH WARDSBORO ROAD (TH#1) PROJECT
The proposed changes to a section of South Wardsboro Road (TH#1) have
been staked out by J. Gray. Slope rights will need to be obtained from
the property owners in writing before the work is begun.
5. A. WINDHAM COUNTY HUMANE SOCIETY CONTRACT
The Board members have reviewed the Windham County Humane Society Contract.
The fees are the same as last year for Dogs & Puppies and Cats, Kittens,
& Small animals. The maximum charges for holding will not exceed 12
business days. Motion was made by G. Baldwin and seconded by P. Cotton
to approve and sign the contract between the Town of Newfane and the Windham
County Humane Society for the boarding and care of animals. Unanimous.
5. B. TRAFFIC ORDINANCE REVIEW
The area of the Traffic Ordinance that the Board discussed is the section
dealing with enforcement. For penalties listed in the ordinance, the first
offense as a warning. If the second offense is within six-months, the
penalty is $100 with a waiver of $50. The Windham County Sheriff’s
Department and the Vermont State Police will be contacted about their
policy so that the Newfane Traffic Ordinance can be modified to be consistent
with the process that the law enforcement officers are using. (Research
found that the Newfane Selectboard made a change in the penalties to be
consistent with the VSP and the WCSD on 09/06/01.)
5. C. OTHER OLD BUSINESS
(1) Fred Bacon has been in to ask about the replacement of the steps and
walkway at the Williamsville Hall. Peter Welch, Contractor, has not contacted
the town as to when he will be starting the project.
(2) P. van Loon and C. Williams changed the water filter at the Williamsville
Hall and found it to be caked with silt. Cushing was contacted and they
indicated that there has been a problem with the rock fragments from the
beginning. The filter needs to be changed more often. There is not enough
hot water to wash the dishes for the Senior Meal. The question was raised
about heating the water off the furnace if possible.
(3) The plywood to be used to installed on a temporary basis while the
front doors to the Williamsville Hall are being repaired has been purchased.
The doors are to be repaired by Walter Phelps.
6. NEW BUSINESS
A. APPOINTMENTS
(1) REPRESENTATIVE TO RESCUE, INC.
No candidate has come forward to be appointed to this position.
6. B. GENERAL DISCUSSION - CLARKSON APPEAL - EAGLE RIVER MINING
The Zoning Board of Adjustment hearing on the Eagle River Mining, Inc.
appeal submitted by David Clarkson has been recessed until July 16th.
The issue is that D. Clarkson is appealing has to do with the vibration
beyond the property line from the Eagle River Mining, Inc. operation.
He has also appealed the decision the issuance of the Eagle River Mining,
Inc. permit to the Environmental Court.
6. C. POTENTIAL LITIGATION
There has been another appeal to the Environmental Court from an aggrieved
resident who does not agree with the decision of the Zoning Administrator.
The final decision of the Zoning Board of Adjustment has not yet been
issued from their hearing.
6. D. SCHEDULE MEETINGS WITH BOARD, TOWNS AND AGENCIES
Kit Martin, Chairman of the Townshend Selectboard, is interested in meeting
with one or two members from neighboring selectboards. One of the topic
that Townshend and Newfane would discuss would be Kindle Farms. The subject
of the abutting town lines needs to be determined by a survey. T. Schreyer,
former surveyor, has provided some valuable information in the past.
The Board should also invite the School Boards to discuss the matter of
the school taxes.
7. ADMINISTRATIVE ASSISTANT’S REPORT
A. The Listers have appointments or have receive letters from about 30
property owners. There is one more day of appointments with property owners.
A large portion of the aggrieved are from Kenolie Village as this is the
first year that the travel trailers have been assessed and they have questions
about the process.
B. Sheriff Sheila Prue will be at the Selectboard meeting of July 1st.
C. Windham Solid Waste Management District will be sponsoring a clothing
and book collection at the individual communities. They will be in Newfane
on Thursday, June 26th from 5:00 to 7:00 p.m. At the district on Old Ferry
Road in Brattleboro, clothing is always accepted and books are accepted
through June and July.
D. The town has received from VLCT the Guide to 65, which is an overview
of health care benefits for Retirees and the “Working Aged”.
There is a Medicare Carveout for those 65 and over who are still working.
Medicare is the primary insurer with the Medicare Carveout becoming secondary.
The monthly premiums are about half of the current cost. One of the town
employees has reached the age of 65. Motion was made by G. Katz and seconded
by P. Cotton to have Newfane create a new BCBSVT section for Medicare
Carveout benefits for employees 65 and over. Unanimous.
E. There had been a call about using tables from the Williamsville Hall
and I told them that the Board in the past did not loan the tables to
be used outside of the building due to potential damage to the tables
and to the building while transporting the tables in and out.
6. E. OTHER NEW BUSINESS
Motion was made by G. Katz and seconded by G. Baldwin to approve the Law
Enforcement contract between the Town of Newfane and the Windham County
Sheriff’s Department for July 1, 2003 to June 30, 2004. Unanimous.
8. MINUTES
The Board reviewed the minutes of the Special Meetings of 05/22/03 and
06/03/03. Motion was made by P. Cotton and seconded by G. Katz to approve
the minutes of the Special Meeting of 05/22/03, as written. Unanimous.
Motion was made by G. Baldwin and seconded by P. Cotton to approve the
minutes of the Special Meeting of 06/03/03, as written. In favor: P van
Loon, G. Baldwin, P. Cotton and C. Williams. Abstaining: G. Katz. Motion
passes.
9. PAY ORDERS
Motion was made by G. Baldwin and seconded by P. Cotton to approve the
Newfane Payroll and Accounts Payable Warrants for the following amounts:
06/07/03 Payroll $ 2,535.05
06/14/03 Payroll $ 2,757.54
06/16/03 Payroll $ 898.99
06/20/03 Acct.’s Payable #27 $ 35,940.28 Unanimous.
IRS Electronic Federal Payroll Tax Payments
06/11/03 $ 1,963.93
06/18/03 $ 804.16
10. CORRESPONDENCE
A. A copy of the Recess Memo sent to Charles and Hermine Bergmann as a
result of the Act 250 hearing held on June 12th has been received. A list
of additional information required for submission is included in the memo.
B. Notification as been received regarding a prehearing conference to
be held on Monday, July 21, 2003 at 1:15 p.m. in Springfield for the Eagle
River Mining, Inc. Act 250 Application and Hearing. Statutory parties,
adjoining property owners, and other persons or organizations may participate
in the prehearing conference.
C. A copy of correspondence between April Hensel, Coordinator for the
District 2 Environmental Commission, and Edward Schweibert, Esq. attorney
for Eagle River Mining, Inc regarding the Land Use Permit Amendment application
for ERM.
D. Information has been received from the Vermont Department of Health
regarding a new fact sheet on CCA pressure-treated wood.
11. EXECUTIVE SESSION
No matters came before the Selectboard that required Executive Session.
12. ADJOURNMENT
Motion was made by G. Katz and seconded by C. Williams to adjourn the
Regular Meeting of the Board at 10:07 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 06/19/03
1. Access
Permits
There are issues with both the Traudt and Goodrich access permits.
A. Goodrich
Access: The more serious issues are with the Goodrich permit. Mr. Goodrich
has already put in access and a logging landing at the site on Sunset
Lake Road without any approved permit. He has filed the permit request
after the fact. I recommend that the Selectboard impose any appropriate
penalty for proceeding without an approved permit. Otherwise we are establishing
a precedent that there is no reason not to simply ignore the Town’s
permit process. The penalty should be determined and accessed before we
approve any permit for the site and no further work at the site should
be allowed in the absence of a permit. Once the penalty has been satisfied,
there is still a sight distance problem at the site. Sight distance down
the hill on Sunset lake Road is only 180 feet, far short of the standards.
We could, however, approve a permit with the requirement that Mr. Good
rich put up appropriate signs and have a flagman present when vehicles
are entering/existing the site. There is no need for a culvert at the
access.
B. Traudt Access: On the Traudt permit, sight distance in one direction
is fine, but in the direction of Route 30, it falls far short of the standard
for a 40 mph road. The standard is either 560 feet or 440 feet. The actual
distance we measured was 350 feet. Since Mr. Traudt would have over 600
feet sight distance in the other direction, we might suggest that he consider
moving his access so that it would be safer. There is also a question
about which house his access would serve. Is it the home currently under
construction in that area or a new home to be built? If it’s the
former, it begs the question of how home construction has proceeded in
the absence of an access permit. .
2. Bridges
and Culverts Survey
I spoke with Matt Mann of Windham Regional about the survey. He noted
that WRC has money to help towns do the surveys. They are working with
six towns this summer. It’s too late for us to get in on this program
this year, but Matt says we would be okay for next summer. If this approach
makes sense to the Selectboard, Jim and I will get back to Matt to see
what preparatory work we might be doing in the meantime.
3. Other
Items
A. Roadside Mowing: Jim has given Doris a couple of possibilities for
roadside mowing.
B. Lunch
Breaks: I shared with Jim that we have reaffirmed the policy encouraging
the crew to take their lunch breaks during regular work weeks (that is
when there are not snows, floods, or other emergency situations). Jim
notes that the costs to the Town of allowing someone to work through the
lunch break are insignificant compared to the morale issue.
C. Salt Use: On the question of whether salt use has been an issue in
South Newfane, Jim indicates that it hasn’t been an issue. However,
he can look into alternatives to the Sodium Chloride we currently use.
These tens to be more expensive, but may be more environmentally friendly.
Magnesium Chloride is an option. Jim will check with Paul Gould at VTrans
and with Dummerston to find out what their experience has been with Magnesium
Chloride. The Calcium Chloride we use int Summers id not supposed to migrate.
D. Broken
Window: Jim will take care of replacing the broken window in the garage.
Gary Katz,
Road Commissioner
ROAD FOREMAN’S REPORT 06/19/03
TOWN OF NEWFANE HIGHWAY
1. The following
roads were graded, raked, and chlorided since the last BOS meeting: Newfane
Hill Road (TH#20), South Wardsboro Road (TH#1), Sears Road (TH#44), Baker
Brook Road (TH#19) from Dover Road (TH#2) to Porter Thayer Road (TH#51),
Parish Hill Road (TH#26), from Baker Brook Road (TH#19) to Beetlestone
Hill Road (TH#47), and River Road (TH#15 from Brook Street (TH#83) to
pull out beyond Sawmill Road (TH#77).
2. Town bridges
are being washed by NewBrook and South Newfane/Williamsville Fire Departments.
3. All broken
guardposts have been replaced. Culvert posts are being put in to mark
culverts.
4. Equipment:
A. All equipment is operational.
5. Paul Gould,
VT Highway Acting Highway Technician to review Culhane corner (Dover Road
(TH#2) and Monroe Bridge (BR#15) project prior to bids.
6. Street
signs that are missing are being replaced.
7. Vacation
time is now being taken.
Respectfully
submitted,
James O. Gray, Road Foreman |
