MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
AUGUST 1st, 2002
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Richard Marek, Jesse Anderson, Lynn Bedell, and Gary Katz.
Absent: Piet van Loon.
Also Present: Merton H. Coleman and Carolyn Coleman regarding Timson Hill Road, Chris Ballou, Nelson Fontaine, and Joyce Meehl as Brookline Selectmen, Grant Warner and John Spicer as Village Enhancement Committee representatives, James Gray as Road Foreman and Doris A. Knechtel, Administrative Assistant.
1. CALL TO ORDER
The regular meeting was called to order by Chairman Richard Marek at 7:10 p.m.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Merton Coleman - M. Coleman and his daughter C. Coleman were present to discuss with the Board an access to the "Daniel's" lot that they feel they are supposed to be able to access, but are unable to because the access keeps dropping. The neighbor feels that the road is too high and wants it reduced. Some years back the town did put a culvert into the access in question. M. Coleman indicated that he would like have the town raise the road so that he can access his upper property with a car or truck. The Board will go to look at the situation at 6:30 p.m. on Thursday, August 15th.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. BROOKLINE BOARD OF SELECTMEN
The Brookline Selectboard was invited to this meeting to discuss common issues facing Selectboards. Chris Ballou, Chairman of the Brookline Board, reported that he spoke with VAOT about the Brookline/Newfane Bridge #19. The state is going to be putting a tack coat on the deck. Also the state is still working on the downstream land to be used for the temporary bridge during the time of the rehabilitation of the bridge.
The Newfane Selectboard spoke of the recent ordinances and bylaws that the town has enacted; Ordinance for the Control of Litter, Ordinance Regulating Outdoor Storage of Junk and Junk Vehicles, Interim Wireless Telecommunications Facilities Bylaw. The Planning Commission is still working on the Zoning Bylaw amendments. Brookline has a Cell Tower Ordinance.
The two Boards spoke of the situation that removed Brookline from the election district that is now Windham - 6. The two towns have much in common with school districts, post office, bridge #19 and fire station.
The Board spoke about how the highway departments are set up. Brookline contracts out much of their work. They have a grader, which is Army surplus, a york rake and one man for 17 miles of road. Newfane has five employees which includes a working/office Foreman and several pieces of equipment for 64 miles of road. Newfane contracts out some of the work.
Newfane has just completed a town-wide reappraisal through a contract with Patriot Properties, with William Krajeski as the project supervisor. He has 25-years of experience in the field of property assessment. The town is currently in the BCA appeal process.

2. A. BROOKLINE BOARD OF SELECTMEN - (cont.)
The town Board discussed the process used for the collection of Delinquent Taxes. It appears that each town follows the same procedures. Letters are sent to the delinquent tax payers and the 8% penalty of delinquents taxes collected is paid to the collector.
Both the proposed new and the existing intersection of Radway Hill Road (TH#4) and River Road (TH#15) were discussed. It is a difficult intersection to deal with. It was indicated by J. Meehl that there isn't a stop or yield sign coming into Radway Hill Road. Newfane will look into putting up the proper signage in that area.
In each community, there has been a problem with people stealing road name signs. According to the Ordinance for Street Naming, there is a $500 fine for any vandalism of signs. The Windham County Sheriff's Department has been notified of the stolen property. Both Brookline and Newfane worked together on the Street Naming Ordinance for 911.

3. UNSCHEDULED MEMBERS OF THE PUBLIC - (cont.)
B. John Spicer and Grant Warner - Village Enhancement Committee
J. Spicer indicated that the VEC looked for an area by the cemeteries on Depot Road (TH#2) for the planting of a tree with the mini-grant for the entrance to Williamsville Village. To plant in the area of the Feifel residence would block the line of sight coming out of the Feifel access. His suggestion now is to possible plant shrubs within the town highway right of way along the fence of the cemeteries and he would like the Board to consider this option. The VEC will have to get permission from the cemetery association involved before any planting can be done. Some of those present indicated that there should not be any planting within the right of way as that is where people park for services at the cemetery. J. Spicer also suggested that the 40 mph speed limit be lowered. The Board members will view the site on Thursday, August 15th after the site visit to Coleman's.

5. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #1 2 & RF Item #3 - Verizon has submitted a Petition and Order for Pole and Wire Locations for Baker Brook Road and Hobby Hill. The trees have already been cut for the placement of the poles. The tree cutting is not part of the petition. Portions of the Law on Trees, written by Paul Gilles, Esq., was reviewed by the Board. Questions arose about whether or not the Tree Warden, Bill Guenther has been notified of the cutting. The Board is not sure why the tree cutting part of the project was not included in the petition. J. Gray indicated that the stumps will interfere with the plowing and should be removed.
(2) Item # 2 - No word has been received from FEMA as to the status of the funds for the final Steep Way (TH#21) flood damage report. Some of the funds have been received but there are additional funds to be received. Also the report for South Wardsboro Road (TH#1) need to be finalized and sent in.

5. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #6 - Overweight trucks are doing damage to our roads. Some of the vehicles do not have overweight permits and may not have insurance. There was discussion about having some scales with which to weigh the trucks. J. Anderson will contact SGT. Wilson of the WCSD to ask about how to implement the weighing of the trucks.
(2) Item #4 - C. Bergmann's logging road is draining onto Dover Road (TH#2) an plugging the drains and ditches in South Newfane Village. The water bars that were in the road need to be corrected. J. Gray or J. Anderson will talk to Mr. Bergmann.

5. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were received that required the approval of the Board.

5. D. ACCESS/RIGHT OF WAY PERMITS
(1) Access Permit #A02-09- Motion was made by J. Anderson and seconded by R. Marek to sign the Approval to Proceed for Access Permit #A02-09 submitted by James and Diana Urbaska for an access onto their property (PID# - 00B011) on West Street (TH#1). The access is to be incorporated into the Newfane Village sidewalk project. Unanimous.

5. G. OTHER ROAD BUSINESS
(1) Finance and Maintenance Agreement - Newfane BHF 0106(4)S J. Anderson has reviewed the agreement and feels that the Board should sign the document. Motion was made by J. Anderson and seconded by L. Bedell to have the Selectboard sign the Finance and Maintenance Agreement for the restoration of the Williamsville Covered Bridge (CB#17). Unanimous. It is to be an historic restoration to replicate the existing bridge as voted at the March 2000 Town Meeting.
(2) A letter was written by J. Anderson to the state regarding the problems with the deck on the Green Iron Bridge (BR#49), which is on the Vermont Historic Bridge Program. When the bridge was last refurbished, a membrane and blacktop was placed over the glue laminated wood decking. The membrane and blacktop are not adhering to the wood surface, causing it to buckle. The state is responsible for the repair of the bridge under the Historic Bridge Program. The letter was reviewed by the Board. Motion was made by L. Bedell and seconded by G. Katz to have Jesse Anderson sign the letter as written and send to the Susan Scribner, of the VTrans Historic Bridge Program. Unanimous.
(3) J. Gray indicated that several road signs, both public and private, have been stolen. The town said that they would purchase the private signs for the initial phase of the E-911 process. J. Gray's questioned if the town would be willing to replace the stolen private signs. Motion was made by R. Marek and seconded by L. Bedell to replace the stolen private road signs this one time, and to have J. Gray come back to the Board if it is still an ongoing problem. Unanimous. The stolen public road signs will also be replaced. There is a $500 fine for sign removal.
(4) Motion was made by R. Marek and seconded by L. Bedell to install the necessary STOP and STOP AHEAD signs on River Road (TH#15) coming onto Radway Hill Road (TH#4). Unanimous.
(5) Bridge #32 - A message was left with Bazin Brothers Construction to ask if the original price for the replacement of the bridge is still good. Motion was made by J. Anderson and seconded by R. Marek to accept the Bazin Brother's bid for the replacement of Bridge #32 on Bruce Brook Road (TH#21) with a precast concrete con-span arch for an amount not to exceed 3% of the original price with the modified FEMA drawings. Unanimous.
(6) J. Anderson indicated that the Vermont Route 30 corridor plans should get out to the public soon for comment and review. There will be a WRC meeting on Thursday, August 22nd in Townshend at 7:00 p.m. There has been a request from the state to have a uniform 30mph speed limit through the villages along Route 30.

5. B. OTHER OLD BUSINESS
(1) Letters authorized by the Board have been written and signed by Chairman R. Marek to Verizon regarding the request for removal of unused Utility Poles, to Verizon regarding tree cutting for line maintenance notification, and to Don Gurney of Gurney Brother Construction regarding repair of Bridge #43 on Wiswall Hill Road (TH#11). Another letter was written, on the initiative of R. Marek, to George Parquette who owns property on Station Road (TH#66) regarding Mr. Parquette's concerns about the use of the Town Trail beyond his property for people to access the "Indian Love Call" swimming area.
(2) R. Marek presented a draft letter, to be signed by him, the sheriff and the constable to be sent to the father of a resident who continually violates the Animal Control Ordinance. L. Bedell asked why the letter was being sent to the father instead of the daughter, who is an adult. She felt that it may be a violation of offender's rights. Motion was made by R. Marek and seconded by G. Katz to send the letter as written subject to tickets being a matter of public record. In favor: R. Marek, J. Anderson and G. Katz. Opposed: L. Bedell. Motion passes.
(3) Motion was made by L. Bedell and seconded by G. Katz to send a certified letter to each of the three offenders of the Ordinance for the Regulation of Junk and Junk Vehicles after first reviewing the sites to inform them that they have 30-days in which to remove or screen the assorted debris of they will be fined according to the ordinance. Unanimous. The letters are to be sen by certified mail.
(4) The Board was reminded that there will need to be a tax abatement for the property newly acquired by the town through the Hazard Mitigation Program.
(5) Williamsville Hall Steps - Motion was made by L. Bedell and seconded by R. Marek to prepare a Request for Proposal for the replacement of the steps at the Williamsville Hall using the plans from David Cotton. The steps are to match the detail and texture of the original and the conditions of the grant. Unanimous.

6. C. OTHER NEW BUSINESS
(1) A letter has been received from Scott Ritter regarding the piano that he purchased that is still at the Williamsville Hall. He has offered to give the town $50 per year for storage, as it looks like it will be two years before he has a place to put it. The Board agreed to his offer.
(2) The Board has received the details of the Windham County Sheriff's Reports.
(3) The Board has received the May and June Financial information for 2002. The end of the year figures look promising for no deficit this year. The accruals have yet to be considered. The Judicial Fine income far exceeds the anticipated revenues. The WCSD has been patrolling the roads and issuing tickets.

7. ADMINISTRATIVE ASSISTANT'S REPORT
A. The Administrative Assistant from Dover was contacted regarding the discontinuance of Carrol Trail. The matter has not come before the Dover Selectmen. It was discussed between the Road Commissioner and some of the property owners. She will let me know if it is brought up for consideration.
B. The lift at the Williamsville Hall is not working. Weber Accessibility has been contacted to have the lift repaired into working order.
C. In one of the Town Office bathrooms, the sink is coming off the wall and the toilet is not flushing properly. The plumber has been contacted.
D. In a letter of June 11th, Bill Krajeski offered his services for assisting the Listers with specific assessment issues that may arise. He will provide a quote for 6 - 10 days a year for these services. Technical support will be through Patriot Properties. As part of the contract, there is still training that is to be provided to the Listers.

8. MINUTES
The minutes of 05/02/02, 05/16/02, and 06/20/02 have not been completed for this meeting. Motion was made by J. Anderson and seconded by R. Marek to approve the minutes of the regular meetings of July 11th and July 18th as written. In favor: R. Marek, J. Anderson, and L. Bedell. Abstaining: G Katz. Motion passes.

9. PAY ORDERS
Motion was made by R. Marek and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
07/27/02 Payroll $ 2,936.90
08/03/02 Payroll $ 3,443.10
08/01/02 Payroll $ 2,691.44
08/02/02 Acct's Payable #3 $ 90,047.85 Unanimous.
IRS Electronic Federal Payroll Tax Payments
07/24/02 $ 1,437.67
07/31/02 $ 1,078.57

10. CORRESPONDENCE
A. Correspondence received which required action by the Board has been reviewed and discussed during other portions of the meeting.

12. ADJOURNMENT
Motion was made by J. Anderson and seconded by G. Katz to adjourn the Regular Meeting of the Board at 10:46 p.m. and met as the Local Board of Liquor Control Commissioners. Unanimous.

13. LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
Motion was made by J. Anderson and seconded by R. Marek to approve the request of Rainbow Cattle Company, signed by Joseph Peters, former owner of the Townshend Country Inn, to cater malt and vinous beverages and spirituous liquors license at the NewBrook Fire Department Clambake to be held on August 17th from 1:00 p.m. to 7:00 p.m. Unanimous.
Motion was made by G. Katz and seconded by R. Marek to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:52 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 08/01/02

1. PERMITS
The access on West Street has acceptable sight distances and could be approved. Approving the permit at this time will give the architect for the side walk project an approved plan to incorporate into his design. The access will not be installed until the side walk is done. Approval this far in advance is an unusual step, however, this is an unusual situation.

The permits for tree clearing on Silver Mine Trail and Baker Brook should not be approved at this time, pending a discussion with the board. The phone company has taken the unusual step of doing the line clearing "by the customer". The customer has already done very aggressive line clearing. This means that the review by the Tree Warden cannot be done to minimize the impact of line clearing. The clearing has left stumps that are in the road. The tree were in the roads too, but when they were trees there was a visual impression of a narrow traveled way. Now it looks like a wide traveled way with stumps in it. The road surface has been made bumpy by the skidders and the brush has not been cleared out of the right of way. The logger, customer and phone company all share some responsibility for proceeding without permits. We need to discuss what can be done to prevent reoccurrence and to mitigate what is left. The pending permits also need to be dispositioned.
2. FLOOD AUDIT
Still waiting for some word from FEMA. It might be appropriate to ask for a status from FEMA at this time to be sure that they are not waiting for something from us.
3. BRIDGES
Jim is going to meet with Bill next week on all of these bridges. They will let me know the day and time of the meeting which I will also attend if I can.
A. We should sign the agreement to do the "restoration" on the Covered Bridge. It looks like a standard agreement to me and it calls for a restoration of the old bridge (with all of the restrictions that this implies) and not a replacement. The roof beam still needs repair.
B. Wiswall Hill wing wall bridge #43 - letter has gone to Gurney, Jim has discussed with Bill Noyes. If no resolution is forthcoming this construction season then I recommend placing Rip Rap along the base of the wing wall. The Town will not received Federal funds for this bridge (emergency funds or otherwise) if they cannot show that they are actively fixing the problem.
C. Brookline Bridge #19 - The state is getting the deck repaired.
D. Green Iron Bridge #49 - See the draft letter to VAOT on the problems with the deck. If there are no comments I will send this out.
E. Bridge #42 on Stratton Hill will have the railing repaired out of the regular bridge repair budget.
F. The temporary bent under Bridge #47 in South Newfane will be looked at by Bill Noyes. This was written up in the inspection report. The temporary purpose for which it was installed may be over. We should find out and get it removed if possible.

G. Bridge #32 over Bruce Brook can go forward as soon as Bazin can get the prefabricated parts made. This might be next year. We need to formally accept Bazin's bid. A question is whether or not the bid has changed due to the passage of time or the requirements of FEMA.
H. Bridge #41 over Baker Brook on Parish Hill Road needs work. Bill Noyes asked that we not proceed until he can see it. Maybe he can tap into some State funds for us. This bridge is probably the one that is in the worst structural shape.
4. SIDEWALKS
The village sidewalk committee should make their preliminary plans available for public comment. Some people are expressing interest.
5. UPPER RIVER ROAD
Hopefully Bill Noyes can give us an idea of the cost of straightening the sharp curve and suggest the best approach for getting it done (Engineered plans?, Time and Material?, Written Specification?, Fixed Price Bids?).

Jesse Anderson
Road Commissioner

1. The following roads were worked on since the last Board of Selectmen's meeting: White Pine Lane (TH#82), Wildwood Acres Road (TH#75), Timson Hill Road (TH#41) from Fawcetts to Newfane Hill Road (TH#20), Steep Way (TH#21) from Browns Road (TH#45) to beyond curve by Alan Dean''s, Deer Hill Road (TH#37), Jones Hill Road (TH#52), Parish Hill Road (TH#26), River Road (TH#15) to West River crossing, Newfane Hill Road (TH#20) by Gardners, Cemetery Hill Road (TH#16) and Cushing Flats Road (TH#6). Depot Road (TH#2) and Grimes Hill Road (TH#5) washouts repaired.

2. The paving project on Dover Road (TH#2) was completed including side dressing.

3. Many trees were cut on upper Baker Brook Road (TH#19) and Silver Mine Trail. Verizon has a petition filed for a right of way for poles and wires. Board of Selectmen and Tree Warden should have been notified prior to line clearing. Baker Brook Road (TH#19) by W. & L. Tarbell is a mess.

4. Bergmann's logging road is draining onto Dover Road (TH#2) plugging drains and ditches. Every rain storm is the same. Water bars should be put back.

5. Equipment: A. The 140G Grader is at Southworth-Milton being repaired. B. The ne International truck should be built by mid-September. It then goes to Vermont Municipal. C. All other equipment is operational.

6. Overweight trucks are pounding our bridges.

Respectfully submitted,
James O. Gray, Road Foreman

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