Any and all corrections to the following minutes will be made at the 08/17/00 Board of Selectmen's Meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

MINUTES - REGULAR MEETING - BOARD OF SELECTMEN

SPECIAL MEETING - NEWFANE BOARD OF HEALTH

JULY 20th, 2000 NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Richard Dowley and Carter Van Iderstine.
Absent: Lynn Bedell
Also Present: William A. Noyes, VAOT District #2 Technician, Larry Underwood of Lane Construction Corp., Dorothy Van Kirk, Geoff Van Kirk, Patricia Van Kirk, Ed Druke, Sr., Don Williams, Patricia Williams, Deputy Henry L. Farnum of WCSD, Earle Stebbins, Bea MacFarland, John J. Feifel as Sewage Control Officer, Frank Suponski, Clarence St. Amant, H.W. "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 7:00 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC

A. WINDHAM COUNTY SHERIFF'S DEPARTMENT - Deputy Farnum

M. Rohan first spoke of about having the Sheriff's Department do speed monitoring reports during commuter traffic times. Deputy Farnum indicated that due to scheduling, the WCSD sometimes doesn't get to do the traffic patrol until 10:00 a.m. The department is planning to conduct a non-enforcement survey with an unmarked vehicle for a 2-3 hour block for 2-3 days to help identify the problems on Dover Road (TH#2) and South Wardsboro Road (TH#1).
Deputy Farnum then spoke of the matter of the use of ATV's and dirt bikes on Baker Brook Road (TH#19) and Wheeler Hill Road (TH#26) and on private property. He spoke of history of each incident Memorial Day weekend and the response by the WCSD. The first incident involved the unlawful operation of an ATV on private property by a youth. The parents were notified. The mother asked the Deputy to speak to the youth. The other incidents of unlawful use of ATV's and dirt bikes, along with fireworks, occurred during the long Th of July weekend. It is suspected that the offenders are from the Camp Oregon area on Baker Brook Road (TH#19). The WCSD has not been able to identify the responsible offenders. There was a serious near fatal accident involving and ATV that was investigated by the State Police. D Van Kirk indicated that since the Fourth of July long weekend, it has been quiet.
Toward the end of the FY 2000 (June 30th) the funds from Newfane for the WCSD had been exhausted, causing a reduction in the responses to complaints and speeding problems. Board members discussed earmarking funds for speed control. (Budget for FY2001 - $14,500) Discussion also included use of the State Police and possible additional use of the town constable.

B. OPENING OF BIDS - VILLAGE DRAINAGE

The following bids were received for the drainage improvements to Church Street (TH#55) & West Street (TH#1). The costs have been broken down to Private Property - Church/Four columns, Village - Sidewalk and Granite Curbing and Town - Street work.

Contractor	Private	Village	Town	Total
Bazin Brother's Trucking	$ 6,500	$ 5,900	$ 17,100	$ 29,500
Gurney Brother Const.	$ 9,500	$ 5,200	$ 23,600	$ 38,300
Zaluzny Excavating Corp.	$ 9,500	$ 9,000	$ 16,500	$ 35,000

Board members discussed history of how this project came about and the original estimates that were given. The town budgeted $7,500 for the project from information received from the engineers, Stevens & Associates. J. Gray has always indicated that he did not feel that the drainage is as much of a problem as some have indicated. The town will rethink the proposed project, especially in light of the recent flooding work that needs to be done.
Bea MacFarland and Earle Stebbins were informed of the results of the bids received for the village drainage improvements. No action has been taken. The board will be rethinking the project, especially in light of the recent flood damage. The board has encumbered $10,500 for the project. There was discussion about the possibility of doing only a portion of the project

C. OPENING OF BIDS - PAVING

The following bids were received for the paving of a section of South Wardsboro Road (TH#1) and a section of Depot Road (TH#2).

Contractor	Project #1	Project #2	Total	Price/Ton
Bazin Brother's Const.	$ 91,700.00	$ 1,250	$ 92,950.00	$ 38.69/ton
Lane Construction Corp.	$ 88,519.50	$ 1,120	$ 89,639.50	$ 37.35/ton

The section of South Wardsboro Road (TH#1) was not damaged to any great extend during the recent floods. The Board will hold off on making a decision on the paving until more is known about Federal Funds for the flood damage. L. Underwood indicated that he will hold the paving price for 30-days due to the circumstances. The Board expects to have more information to make a better decision a few weeks. Wm. Noyes indicated that the $50,000 of paving monies from the state is good for two years. The Board thanked Wm. Noyes for his recent assistance with the flood damage.

3. UNSCHEDULED MEMBERS OF THE PUBLIC

Pat and Don Williams, on Steep Way (TH#21), indicated that their preliminary estimates of property damage as a result of the flood are at $22,000, not including the foundation. They have spoken to some of the state officials about any assistance, state aid/grant money, that there may be available for private property owners. They also indicated that there has been a consistent problem with the water run-off from Steep Way (TH#21). They would like the town to include their input on the repairs regarding the water run-off to ensure that the problem is fixed correctly.

BOARD OF HEALTH - F. SUPONSKI/J. FEIFEL

Motion as made by J. Anderson and seconded by C. Van Iderstine to recess the Board of Selectmen's meeting and enter into the Board of Health meeting at 8:17 p.m. Unanimous.
Frank Suponski explained the background of his property and development over the years from a camp and a mobile home and various septic systems that are present on the property. The house that burned had three-bedrooms. The apartment over the garage and the new house have one-bedroom each. Sewage Control Officer, J. Feifel, sited F. Suponski to have proof from an engineer of the septic system being used and to ensure adequate capabilities.
J. Feifel indicated that a gray water system is also being used on the property and has not been permitted by Mr. Feifel or by E. Houston, former SCO. No drawings exist within the town records of what was installed for a gray water system or any other system in use. F. Suponski indicated that in 1992 when he received a zoning permit for raising the roof to add 2 - 3 bedrooms to his house that the question of the septic system in use did not come up, so why is it a question now when only two-bedrooms exist? J. Anderson questioned what the Board of Health is acting on and F. Suponski indicated that he is appealing the decision of J. Feifel, the SCO.
The Administrative Assistant will gather information regarding this matter and indicate the proper procedures to be followed for the appeal. The SCO and F. Suponski are also responsible for presented their individual documentation.
Motion was made by J. Anderson and seconded by M. Rohan to adjourn the Board of Health meeting at 8:52 p.m. and return to the regular meeting of the Board of Selectmen. Unanimous. 4. ROAD BUSINESS

A. ROAD COMMISSIONER'S REPORT - (No written report submitted)
(1) R. Dowley indicated that the road crew deserves recognition for the amount of time that they put in during the time of the flood. Most of them were also involved with fire department responsibilities.

B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #2 - The covered bridge deck has been lagged down and the deck is much quieter. More lags have been ordered to complete.

C. EXCESS WEIGHT PERMITS
No excess weight vehicle permits were presented that required any action by the Board.

D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way permits were presented that required any action by the Board.

E. OTHER ROAD BUSINESS
(1) J. Gray, when given the information on the bids received for the improvements of the Newfane Village drainage, indicated that the actual problem does not warrant the costs. The town needs to rethink and to look at the problem.

(2) J. Anderson asked J. Gray about the temporary emergency repairs done by Fitzpatrick. Work was done by Fitzpatrick on Browns Road (TH#45), Steep Way (TH#21) and South Wardsboro Road (TH#1) for time and materials. The town repaired Bensch Road (TH#13). All repairs have to be documented. Engineering and hydraulic studies will have to be done for both Steep Way (TH#21) and South Wardsboro Road (TH#1) before permanent repairs are made. Wm. Noyes indicated that the town should plan for temporary repairs before winter. There will need to be significant temporary repairs, which the FEMA funds should cover the costs. There was some discussion about bomagging some of the asphalt materials on TH#1 to use as part of the road base. All documentation for the flood damage should be given to the Administrative Assistant.

(3) The question was raised about hourly pay from the town for employees that were also acting as Emergency Management and NBFD personnel, especially T. Lawley. The personnel policy does not state specifically how this situation should be handled. Usually when highway personnel have a fire call while working for the town they are compensated by the town for the time they lost while responding to an emergency instead of working for the town.

5. OLD BUSINESS
A. APPOINTMENT - CONSERVATION COMMISSION - (2003) - No action taken.
B. APPOINTMENT - ACTING ADMINISTRATIVE OFFICER
The Planning Commission and H.W. "Piet" van loon, Zoning Administrator, have recommended that John J. Feifel serve as the Acting Administrative Office during Mr. van Loon's absence. Motion was made by R. Dowley and seconded C. Van Iderstine to approve the appointment of John J. Feifel, Sr. to serve as the Acting Administrative Officer for the town of Newfane. Unanimous. (24 V.S.A S 4442(b)) John Mariano resigned from the position recently.

6. B. OTHER NEW BUSINESS
(1) There will be a ZBA Public Hearing on Thursday, August 24th at 7:30 p.m. at the Newfane Town office for Clarence St Amant who is seeking a variance to allow the construction of an attached two-story garage now under construction on his property located at 335 Depot Road.

(2) The Selectmen acknowledge receipt of a request from the Administrative Assistant, D. Knechtel, for a temporary or partial leave of absence to serve in the House of Representatives if elected at the primary and in November. (21 V.S.A S 496 Legislative leave). The details as to how the leave will be covered will be worked out after the election in November, if need be.

(3) A letter has been written to Ed von Turkovich, Director, Vermont Emergency Management, regarding the Newfane Declaration of State of Emergency and the form stating the local state of emergency. Motion was made by M. Rohan and seconded by C. Van Iderstine to have Chairman M. Rohan sign the letter on behalf of the town and to have the Board members sign the state form. Unanimous. A copy of the Newfane Policy for Transportation Construction and Improvements and the Newfane Minimum Road Specification will be included with the letter.

(4) The Board members have reviewed the Law Enforcement Contract for fiscal year July 1, 2000 to June 30, 2001 from the Windham County Sheriff's Department. Motion was made by M. Rohan and seconded by R. Dowley to have Chairman M. Rohan sign the Law Enforcement Contract with WCSD as presented. Unanimous. The Board will discuss with WCSD the specific areas of concern for the department to concentrate on.

(5) Motion was made by M. Rohan and seconded by R. Dowley to authorize the Administrative Assistant to be the Newfane Delegate at the VLCT Annual Business Meeting on Thursday, September 28, 2000 at Killington. Unanimous.

(6) A letter has been received from Attorney Thomas Durkin asking that the property formerly owned by Joseph and Dorothy Druke in Williamsville and purchased by the United States Postal Service, be exempt from local taxes. The Town Clerk will be given the information to call a Board of Abatement hearing.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #4 - Motion was made by M. Rohan and seconded by J. Anderson to authorize the purchase of a new Hewlett Packard printer for use by the Zoning Administrator, Piet van Loon, for a cost of up to $200. Unanimous. The current Epson printer used by the ZA will be used by the highway department.
B. Item #5 - Motion was made by C. Van Iderstine and seconded by J. Anderson to reject the request made by John Spicer, VEC, to close Dover Road (TH#2) on Tuesday, July 25th at 10:30 a.m. for about 15 minutes to have Wm. Guenther cut a tree on the Inn at South Newfane property. Unanimous. Highway personnel and road signs are not available to assist at this time due to the recent flooding. Tree services usually provide their own flagman and signs if needed.

8. MINUTES
The minutes of the Regular Meeting and Special Meeting of the Board of Health of 07/06/00 were reviewed by the Board. Motion was made by M. Rohan and seconded by J. Anderson to approve the minutes of the Regular Meeting and Special Meeting of the Board of Health of 07/06/00, as written. Unanimous.

9. PAY ORDERS
A. Motion was made by M. Rohan and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants, as signed, for the following amounts:

ROAD FOREMAN'S REPORT 07/20/00
TOWN OF NEWFANE HIGHWAY


1. The following roads were graded and worked since the last Board of Selectmen's meeting: River Road (TH#15), Cushing Flats Road (TH#6), Newfane Hill Road (TH#20) at the backside. Crushed gravel was put on the above roads where needed.

2. The covered bridge deck was lagged down with lag screws. More lags have been ordered to complete. The deck is much quieter.

3. A thunderstorm occurred on 07/16/00 over Newfane Village causing the flooding of many roads. Federal disaster aid will hopefully be coming soon to repair damage. All roads have been repaired so vehicles can travel. The exception is Steep Way (TH#21) from Donny Williams to Flynn Road (TH#49). Pictures have been taken to document damage.

4. Equipment: A. All equipment is operational. B. The L-9000 sander has been sandblasted and primed with paint.

Respectfully submitted,
James O. Gray

T0: To: Newfane Board of Selectmen
Memorandum From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: July 20, 2000

1. I received a few noise complaints from citizens. I reviewed the current ordinances and found reference to noise in the Animal Control Ordinance and the Zoning Bylaw, neither of which satisfied the complaints received. I called the Secretary of State, reviewed the statutes (13 VSA S 1022) and spoke with Sheriff Graham and found that Noise in the nighttime, between sunset and sunrise should be reported to the WCSD to investigate.

2. The auction at the Williamsville Hall is this Saturday. The preview is from 8:30 a.m. to 10:00 a.m. when the auction begins. Greg expects to auction activities to last until 2:00 or 3:00 p.m. Should be a great community event!

3. Art Campbell has completed the electrical improvements to the Williamsville Hall. The invoice is included in the pay orders for this evening. He was able to do additional outlets and lights then originally proposed.

4. Piet van Loon would like to replace his current printer with a new Hewlett Packard printer for up to the cost of $200. He has been pricing printers at Staples and other places. I suggested that we also look at Office Max where I was able to purchase the scanner for less than some catalog prices. His current printer could be used by the town garage when I finally get my information transferred.

5. John Spicer has asked for permission from the Board to close Dover Road (TH#2) on Tuesday, July 25th at 10:30 a.m. for about 15 minutes for the cutting of a dead tree outside of the town right of way on the Bud Bergmann property. The tree is being felled by Bill Guenther for the Village Enhancement Committee. They will have two people with florescent vests to control traffic. The request to close the road is in case the tree does fall that way instead of toward the Inn at South Newfane Property. I told him that signs and assistance from the town highway crew would probably be unavailable because of the amount of flood work that needs to be done.

6. Suzanne Schittina, VLCT Trust Marketing Representative, stopped by and spoke with me briefly about Cafeteria Health Plans and possible changes to the health benefits to serve the individual employees needs. I will be forwarding her information about the makeup of the current town employees and then will have her come to meet with the Board be a few times before budget time.

7. The past few days have been spent mostly with flood damage related issues. I had intended to have the minutes of 07/06-00 completed, but they are not done yet.

Please send all comments, suggestions and questions to info@newfanevt.com