MINUTES - SITE VISIT - REGULAR MEETING
BOARD OF SELECTMEN - BOARD OF HEALTH
JUNE 21st, 2001 - NEWFANE TOWN OFFICE

Any and all corrections to the following minutes will be made at the 07/09/01 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

SITE VISIT- WILLIAMSVILLE VILLAGE
PRESENT: Mike Rohan, Jesse Anderson, Lynn Bedell and Richard Marek.
Absent: Fred Bacon
Also Present: Walter Phelps

USE OF THE TOWN HIGHWAY RIGHT OF WAY
The Board met in Williamsville Village to review the request by James and Barbara Brisson to place flower boxes within the town highway right of way on a temporary basis to keep motorists from parking on their lawn. (Application #A01-05) Those present also reviewed other items, a fence, granite posts, etcetera, that have been placed within the town right of way, some with approved permits. The Board members will discuss the matter further at the Regular Meeting to determine whether the permit application will be denied or conditioned.

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Lynn Bedell and Richard Marek.
Absent: Fred Bacon
Also Present: William A. Noyes, VAOT District #2 Technician, Gunther P. Garbe, Frank Suponski, Sandra Sorrell, John J. Feifel - Sewage Control Officer, Piet van Loon - Zoning Administrator, James O. 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 7:00 p.m.


2. SCHEDULED MEMBERS OF THE PUBLIC
A. BETH MEACHEM - KIDS ART IN PUBLIC PLACE
Beth Meachem called to cancel her request to meet with the Board so that she would be able to attend the VT Route 30 meeting in Townshend.
B. OPENING OF BIDS
(1) BRIDGE #51 - VIC BENJAMIN ROAD (TH#64) The following bids were received for the replacement of Bridge #51 on Vic Benjamin Road (TH#64) with a new 12' x 5' x 60' CGPPA 12 gauge arc.

Company	Proposal	Options	Total
Bazin Brother's Trucking, Inc.	$ 60,500.00	$ 0	$ 60,500.00
Daniels Construction	$ 65,900.00	$ 0	$ 65,900.00
Gurney Brothers Construction, Inc.	$ 76,500.00	$ 0	$ 76,500.00
Frank W. Whitcomb Const., Inc.	$ 68,411.00	$ 3,500.00	$ 71,911.00

2. B. OPENING OF BIDS - (1) BRIDGE #51 - (TH#51) - (cont.)
The state Bridge and Culvert will pay for 80% of the cost while the town will be responsible for 20% or $12,100. Wm. Noyes recommends the proposal presented by Bazin Brother's Trucking. The town will need to obtain an easement from the upstream property owner for a temporary access while the bridge is being replaced. It is expected to take a total of two months. Some trees will need to be cut both for the easement and for the bridge replacement. Wm. Noyes will assist with a written easement if necessary. Other bids received allowed for one way traffic during the time of construction which would have increased the time needed to complete the project.

Motion was made by L. Bedell and seconded by R. Marek to award the bid for the replacement of Bridge #51 on Vic Benjamin Road (TH#64) with a new 12' x 5' x 60' CGPPA 12 gauge arc for the cost of $60,500 on the condition that the town obtains a temporary easement from the upstream property owner. Unanimous.

4. F. OTHER ROAD BUSINESS
(1) M. Rohan indicated that a meeting will be held regarding the Radway Hill/River Road intersection to include all of the interested parties to discuss options for resolving the required design.

(2) J. Gray has prepared a partial list of flood work items that either have not been done or need to be corrected on Steep Way (TH#41) and South Wardsboro Road (TH#1). Wm. Noyes indicated that the town should not pay any money to Fitzpatrick until the work has been corrected. There is a narrow ditch on South Wardsboro Road (TH#1) that needs to be repaired before the final blacktop coat is applied as the drainage is undermining the current blacktop. It is a pre-existing condition before that flood and can be corrected by the town highway crew.

2. B. OPENING OF BIDS
(2) TOWN WIDE REAPPRAISAL - RFPs Only one submission was received for the Town-Wide Reappraisal RFP request for Year 2003.
Patriot Properties, Inc., Lynn, MA $68,000
Price for additional training or consulting not covered by Contract after reappraisal - $400/day

Copies will be made and the proposal will be reviewed by the Selectboard members and the Listers. References will be checked from some of the list that was provided. More than 120 communities with the United States and Canada were listed as being affiliated with Patriot Properties for appraisal services. Their CAMA program is called AccessPro. The Board will discuss the proposal at the BOS meeting of 07/09 and then set up a date to meet a representative of the company.

Russ Beaudoin, an appraiser from Essex Junction called to indicate that would not be submitting a bid, as he does not have anyone to work in this area. He would however, like to introduce the ProVal system (CAMA system) to the Listers and to whomever is awarded the reappraisal bid.

NEWFANE BOARD OF HEALTH
Motion was made by R. Marek and seconded by L. Bedell to recess the regular meeting of the Board of Selectmen and convene as the Newfane Board of Health at 7:35 p.m. Unanimous.

PRESENT:
Mike Rohan, Jesse Anderson, L. Bedell, Richard Marek and John Feifel as Sewage Control Officer.
Also Present:
Sharon Sorrell, Frank Suponski, Gunther Garbe, and Doris Knechtel, Administrative Assistant.

A. EXTENSION OF HEALTH PERMIT - #01-01 & 01-02 - LOT #D-40.7
John Feifel, SCO, indicated that the Health permits #01-01 and #01-02 for Reginald and Sandra Sorrell have been extended until June 30th. Sandra Sorrell stated that bids they have received bids for a new septic system to be installed, but the work will not be able to be done until sometime in August. S. Sorrell also indicated that she is waiting for funds from a relative. It was suggested that J. Manix be contacted about the possibility of the Sorrell's obtaining a loan from the Newfane/Dummerston Low Income Housing Grant.
Motion was made by L. Bedell and seconded by R. Marek to extend Health Permit #01-01 & #01-02 for Reginald and Sandra Sorrell until August 31st to allow time to install an operational septic system. Unanimous. The Board of Health also suggested that J. Feifel, SCO, contact Dr. T. Shafer, Health Officer, to look into the living conditions and health of the children involved.

B. UPDATE ON SITUATION OF SYSTEM AT LOT #C-015 - PENNER ROAD
Frank Suponski indicated that he is representing his wife, Marie Suponski, property owner. John Feifel indicated the M. Suponski needs to apply for a Health Permit for the new septic line that has been installed from the new house to the existing system. An Affidavit signed by both Marie Suponski and Frank Suponski is on file regarding the installation of the pipe. F. Suponski agreed to meet with J. Feifel, SCO, at the Town Office on Friday, 06/22 at 9:15 a.m. to complete the permit and to pay the necessary fee of $17.00. The SCO may approve the permit, approve with conditions or deny the permit. If the Suponski's are not satisfied, they may appeal to the Board of Health. F. Suponski did inform J. Feifel of a situation on a property on South Wardsboro Road (TH#1) where by the residents were first living in the barn and then built a new house without having to obtain a Health Permit for a change in their septic line. J. Feifel will investigate the matter.

Motion was made by R. Marek and seconded by L. Bedell to adjourn the Newfane Board of Health meeting and to reconvene as the Newfane Board of Selectmen at 8:00 p.m. Unanimous.

4. E. ENCUMBRANCE OF FUNDS - NEWFANE VILLAGE
The town of Newfane put $10,000 in the town budget for drainage repairs within the area of the church and the Four Columns Inn. When bids were received for the project, the costs were substantially over that amount. The Board has previously discussed using those funds to assist the village with their grant match (10% or $18,000) required for the sidewalk replacement within the village and drainage problems. R. Marek, also a Village Trustee, indicated that the village has received a grant for $180,000 for Phase I of the sidewalk project. They will be hearing in a few weeks if they have received a grant for the second phase of the project. The Board supports the efforts of the village to replace the sidewalks within the Village of Newfane. Motion was made by J. Anderson and seconded by L. Bedell to encumber $10,000 from the FY 2001 budget for the purpose of assisting in the required 10% grant match for Phase I of the Newfane Village sidewalk project. Unanimous.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) After discussion with Wm. Noyes earlier during the meeting, it has been decided that the town highway crew can shape the ditch in question on South Wardsboro Road (TH#1) and have the ditch paved at the time that the final black top is applied.

(2) After discussion, the Board decided to have the Road Commissioner, Road Foreman and Wm. Noyes meet with M. Fitzpatrick to go over the "punch list" for flood work to be repaired, continued and/or started for Steep Way (TH#21) and South Wardsboro Road (TH#1). A partial "punch list" has been prepared by the Road Foreman and is attached.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
No action was required by the Board on any items listed in the Road Foreman's report.

4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were presented for the Boards review and approval.

4. D. ACCESS/RIGHT OF WAY PERMITS
(1) Motion was made by M. Rohan and seconded by J. Anderson to grant final approval for Access Permit #A01-04 submitted by Dennis M. Wiswall for the improvement to an existing assess for residential use off of Wiswall Hill Road (TH#11) onto Lot # B167.1. Unanimous.

4. F. OTHER ROAD BUSINESS - (cont.)
(3) Motion was made by R. Marek and seconded by L. Bedell to award the bid for the paving of Dover Road (TH#2) for Fiscal Year 2002 to Bazin Brothers Trucking, Inc. for a total amount of $64,113. Unanimous.

5. A. SPEED ENFORCEMENT & SIGNING - TRAFFIC CALMING
M. Rohan spoke with Archer Mayor about being trained by the Windham County Sheriff's Department to run radar, then he could teach others so that there could be teams of two to check speeds of motorists through the village areas. M. Rohan also spoke with WRC about using one of their traffic counters which will check the time, direction, type of vehicle and speed. The counter would not be available for three weeks. To information is compiled in blocks of eight vehicles. The information could be compiled in South Newfane and Williamsville along Dover Road (TH#2) and coming into Newfane Village from South Wardsboro Road (TH#1). The information from the traffic counter will be from a 24-hour period rather than just time spent by WCSD or teams of two. A public relations flyer will be compiled to alert the pubic that Newfane is trying to change the psychology and slow down the speeders going through the village areas. Additional signs to meet the uniform guidelines for shape and color may also be put up to assist with the problem.

The Board would also like to invite the WCSD to the meeting of July 9th to discuss the reporting and types of information and services that the town would like to have the Sheriff's Department perform under the contract with the town.

5. B. REVIEW AND ADOPTION OF ORDINANCE FOR CONTROL OF LITTER
The Board reviewed the Ordinance for the Control of Litter as proposed. One change was made to change "Offenses shall be counted on a calendar year basis." to read "Offenses shall be counted on the basis of any twelve month period." Motion was made by J. Anderson and seconded R. Marek adopt the Ordinance for the Control of Litter for the Town of Newfane as revised. Unanimous. The Board will also consider a sign by the roll-off containers and a surveillance camera to help keep people from leaving their trash at the recycling site.

7. ADMINISTRATIVE ASSISTANT'S REPORT (See attached report)
A. The meeting with the VTRANS Covered Bridge Committee and Roger Whitcomb has been scheduled for Thursday, June 28th at 3:00 p.m. at the Newfane town Office. The purpose of the meeting is to discuss options for use and relocation of the existing covered bridge when it is replaced. L. Bedell suggested that Representative Dan Darrow be contacted about the meeting.

B. The Lane Construction Company will be paving the final application for the flood work on the South Wardsboro Road (TH#1) for Palmer Paving (former Labrie Paving).

C. Calls were received from R. Gillis and from Roger Sandes about swimming in the Rock River east of the Arch Bridge (BR#12). R. Sandes has certain restrictions for those swimming in that area adjacent to his land. His deed indicates that he property line is to the high water mark on the southerly side of the river. The old town garage also abuts the Rock River in that area. DAK will check with the VT Water Quality Division about the swimming rights in this situation.

D. The preliminary tax rate appears to be at $3.02 or $3.03. The Grand List figures from the Listers and the Education Liability figures from the State have not been received. It is hoped that this information will be available to enable the Selectmen to set the tax rate for FY 2002 at the Special meeting of 06/28/01.

E. Richard Thibodeau of the USPS called and is willing to meet with the Board regarding the South Newfane/Williamsville Post Office the week of July 9th or July 16th. The dates of 10, 12, 17, & 18 at 2 or 3 in the afternoon will be offered to Mr. Thibodeau as possible meeting dates after J. Anderson checks his schedule.

8. MINUTES
The minutes of special meeting of 05/29/01 and the regular meeting of 06/07/01 were reviewed by the Board. Motion was made by M. Rohan and seconded by L. Bedell to approve the minutes of the Special Meeting of 05/29/01 and the Regular Meeting of 06/07/01 as written. Unanimous.

9. PAY ORDERS
Motion was made by R. Marek and seconded by L. Bedell to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
06/09/01 Payroll $ 2,673.59
06/16/01 Payroll $ 2,682.22
06/18/01 Payroll $ 1,132.09
06/22/01 Acct's Payable #27 $ 19,915.64
Unanimous.

IRS Electronic Federal Payroll Tax Payments
06/13/01 $ 1,620.28
06/20/01 $ 920.42

4. D. ACCESS/RIGHT OF WAY PERMITS - (cont.)
(2) The Board met earlier in Williamsville to view the flower boxes within the town highway right of way at the property of Jim and Barbara Brisson, as well as viewing other objects within the right of way. The Brissons's have indicated that they will remove the boxes during the wintertime. The purpose is to keep cars from parking on their front lawn. The Board discussed reviewing such requests on a case by case basis.

Motion was made by J. Anderson and seconded by R. Marek to condition access permit #01-05 such that the roadside edge of the flower boxes are to be no closer than three feet (3') from the edge of the road. The flower boxes may be in place from May 2 through November 14, and shall be removed from the town right of way between November 15 through May 1. Unanimous. The reasons for allowing the flower boxes on a temporary basis are that: (1) the dwelling and property are close to the road; (2) the speed limit is 25 mph; (3) the objects are not a serious threat; and (4) winter road maintenance will not be affected.

6. D. OTHER NEW BUSINESS
(1) Piet van Loon attended a Telecommunications workshop in Berlin, VT and received a new model Telecommunications Ordinance. Towers cannot be prohibited but they can be limited. A community can decide where they are willing to have them located. It was suggested that the Conservation Commission may work on site selection for location of towers, keeping aesthetic considerations in mind. Some areas have installed them in silos, church steeples, cupolas, and other such type of structures. A copy of the model ordinance will be made for the Board members to review. Other information will also be available in a notebook in the Zoning Administrator's area.

10. CORRESPONDENCE
(1) Correspondence has been received from VTrans regarding 2002 enhancement Program Schedule and Process. The program is a funding source for transportation-related activities in Vermont such as new sidewalks, bikepaths, historic preservation, environmental mitigation and more.

(2) The minutes of the May 17 meeting of the Vermont Trails & Greenways Council have been received.

(3) Planning Commission Site Plan review for the recreational parking area to accommodate 4 - 6 cars using the Town Forest Trails will be Tuesday, July 3 at 7:00 p.m.

(4) A copy of correspondence from George Paquette to the WCSD has been received. The letter expresses his continued concern for the use of Station Road (TH#66) to access the Indian Love Call swimming area in the Rock River.

(5) Correspondence has been received from Charles Bergmann regarding his concerns and ideas regarding the Williamsville Covered Bridge (CB#17) and the bridge in South Newfane (BR#14).

11. EXECUTIVE SESSION
No matters came before the Board that required an Executive Session.

12. ADJOURNMENT
Motion was made by L. Bedell and seconded by R. Marek to adjourn the Regular Meeting of the Board at 10:10 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 - 6/21/01
1. No access permits reviewed.

2. No complaints received.

3. Met with Bill Noyes and Jim Gray on 6/18/2001. The incomplete flood work was reviewed. Stone lined ditching was reviewed. Bill agreed that several areas where ditching had been reworked was needed for other areas, for example the top of Newfane Hill. Some spots on Newfane Hill (TH#20) look narrow because the rest of the ditch is wider than specification. Bill thought that tree removal to make a ditch wider was not in the contractor's scope of work. Bill thought that any ditch where the stone could be dislodged by a snowplow wing is probably too shallow. There are shallow stone lined ditches, especially on Steep Way (TH#21).

Fitzpatrick is apparently off to a slow start on Townshend's flood work, especially the concrete culvert headers.

Bill informed us that any change of scope from what is shown on the project list/sheets would be difficult to achieve with FEMA. The development of a correct project sheet is very important and they do the best they can. If the Town wants to have additional work done we cannot add it to the scope of the flood work and be compensated based on our costs as the other flood work is being handled.

Bill suggested that we develop a punch list of remaining work. My suggestion is that we break the punch list down into three areas:
A. Flood work on the Project List/Sheets that have not been started.

B. Flood work on the Project List/Sheets that is in various stages of completions, but that required rework (stone lined ditching).

C. Flood related work that is not on the Project List/Sheet that the Town will need to get bids on having performed and hire someone to do.

A culvert at the top of Steep Way (TH#21) that needs an extension is out of scope work. A catch basin for a deep culvert entrance on South Wardsboro Road (TH#1) is out of scope work. A narrow ditch on the down slope side of So. Wardsboro Road will need to be widened. The ditch is probably okay before the road was rebuilt, however, now the rebuilt road encroaches on the ditch and there is a larger smooth bore culvert diverting water into the ditch from the up-slope side. The blacktop is already undermining in this area from normal runoff. There would be extensive undermining with a heavy rain.

The top coat of black top may need to be deferred until this ditch is addressed.

Road Commissioner
Jesse Anderson

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