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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 08/16/01 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
AUGUST 2nd, 2001
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, Lynn Bedell and Richard Marek.
Also Present: Jeff Nugent of Windham Regional Commission, Joan Weir and John Feifel of Planning Commission, H.W. Piet van Loon as Zoning Administrator, Ted Schreyer, Gary Katz and Frank Suponski as Newfane Listers, David Clarkson of ZBA, Paul Van Gelder of Newfane Business Association, Laura Bacon of Conservation Commission, James Gray as Road Commissioner, and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Michael Rohan at 7:05 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. DIGITAL MAPPING - JEFF NUGENT - WRC
The Newfane Planning Commission, as explained by Chairman Joan Weir, has been looking into the need to have the town tax maps digitized to being the current tax maps to the same scale as the GIS information from the ortho photos. The PC would be able to better visualize development trends, location of Use Value property, etcetera. She indicated that the project will assist the Zoning Administrator, Listers and others within the town office. Having the mapping information will also work into the reappraisal information. The total cost for the project is estimated to be between $10,000 to $12,000. The Planning Commission has committed their CD funds of approximately $5,800 toward the project. The remaining funds may be budgeted during FY 2003 or there may be a possibility for a specific grant. Zoning Administrator, Piet van Loon, has agreed to work on the project at the same rate per hour that he is now making.

Jeff Nugent demonstrated how the program works and the many "layers" of GIS information that can be obtained from digitized mapping. Types of information that could be obtained about a parcel are topographic, soils, wetlands, flood plain, land use, zoning districts, acreage, 911 address, and abutting owners, just to name a few. It will be a long tedious process to get to the format required to change the scale, research deeds, and so forth.

Motion was made by M. Rohan and seconded by L. Bedell to encourage the Planning Commission to proceed with the process of having the Newfane parcel maps digitized and to hire H.W. Piet van Loon to do the initial work at his current rate of pay per hour. Unanimous.

2. B. PAUL VAN GELDER - PUBLIC REST ROOM
Paul Van Gelder of the Newfane Business Association was present to ask the Selectmen for support in applying for a grant through the VTrans Enhancement Program for public rest rooms. A petition was circulated a few years ago that garnered 150 - 200 signatures in support of concept. The Village Trustees also voted to support the idea. The Newfane Common attracts many people from around the world as well as residents who enjoy the many activities that occur on a year round basis. Newfane Town Plan of June 4, 1998 includes a recommendation that the town work closely with the Newfane Village Business Association to analyze the need for and construction of public rest rooms.

There had been some portable facilities that were funded by the Newfane Country Store and the Newfane Market, but a previous Health Officer indicated that they had to be removed. Other consideration of the location of public facilities suggested were the Windham Count Sheriff's Department and the Town Office. Hours at the Town Office would be limited to when the office is open. P. Van Gelder indicated that the Newfane Business Association would be responsible for the maintenance of the facility. There also has to be some consideration given to the fragile septic systems within the area.

Fred Bacon and P. Van Gelder will work on a positive draft "letter of intent" for the Board to consider at their next meeting of August 16th to be submitted with a grant proposal.

2. C. DISCUSSION OF REAPPRAISAL PROPOSAL
The Board asked the Listers to attend the meeting to discuss the recent meeting with Patriot Properties and to decide on whether the town will contract with the appraisal company to do a town-wide reappraisal. Terry Knight of Property Valuation and Review was contacted about her assessment of the meeting with Patriot Properties and the only question she indicated that needs to be clarified is to make sure that the data can be exported to another program. (Also see Item #5, AA Report).

Correspondence has been received from W. Krajeski of Patriot Properties regarding the revised annual fee quote from $3,500 to $2,000. The fee includes support, application and documentation updates on CD, training classes in Lynn, and access to Internet site. It does not include site visits. L. Bedell suggested that the town may want to pay the $3,500 rate for a year or two in the event there is a need for site visits. If there is a need for technical service the cost would be $150/hour and the machine would have to be sent to Lynn. J. Anderson felt the town should start with the lower rate and then increase it if needed.

G. Katz indicated that he was comfortable with the presentation. The one concern he has is that there should be two attempts to enter the property as stated in the proposal, and not just one as indicated at the meeting. T. Schreyer is concerned that there is only the one proposal and the majority of their work is within Massachusetts. (120 plus references).

Board member expressed their positive assessment of the meeting with Patriot Properties and the product that they are proposing for town-wide reappraisal for Newfane. Motion was made by R. Marek and seconded by L. Bedell to write a letter of intent to engage the services of Patriot Properties for a town-wide reappraisal for the amount of $68,000 pending review of a contract, which will be reviewed by an attorney for the town. Unanimous. Other questions, the license agreement, number of parcel visits and exporting of data will be addressed at a later date.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. South Newfane/Williamsville Post Office Parking - Joan Weir, Chairman of the Planning Commission, expressed her concern regarding the response from the USPS indicating that the proposed Planning Commission plan for the parking at the SN/W PO would not allow for the amount of space needed for the delivery truck to make the necessary turns. She does not feel that the town should not settle for less and that the aesthetic issues are important. The Planning Commission will be working on the parking plan at their meeting of August 7.

Board members indicated that the USPS is on a budget freeze at this time and only $2,000 can be allocated for projects without going to the Postmaster General. The Board met with R. Thibodeau, of the USPS, and he responded to the safety concerns of the Board to not have any postal patrons backing out into traffic. There are other items that the USPS is going to address; change of light, siding, etcetera. The USPS has been cooperative in addressing the safety concerns.

It may be good for the Planning Commission to have an alternative landscaping and parking plan waiting in the event that the USPS budget constraints are lifted. Until that time, the USPS may have to implement Scheme #3 as proposed for three parallel parking spaces in the front, one to be handicap, and four to five spaces on the side.

B. Lister Frank Suponski told the Board that he will be resigning his position as Lister to be effective immediately, as he does not have the time to devote to the position. With the reappraisal, it will be a good time for the Board to find someone who can be involved from the beginning of the appraisal process. The Board thanked F. Suponski for his years of service as a Lister and for his assistance in acting as the Clerk of the Works for the building of the Town Garage.

6. NEW BUSINESS
B. OTHER - A petition has been received from 22 citizens from Newfane and Marlboro in the area of Auger Hole Road (TH#3) asking the Board of Selectmen, Board of Health and the Planning Commission who oppose the establishment of a trailer park on Auger Hole Road. Other issues concerning health matters (septic & water), property taxes, accumulation of junk cars, trucks and other rubble, and zoning issues.

The property owner across from Olallie Daylily Gardens has applied for a permit to put a second trailer on his property. A septic permit has been approved by the Sewage Control Officer, which has to happen before a Zoning Permit can be approved. P. van Loon indicated that he considers the application incomplete as he is awaiting information about the possible need for a state permit. If the application meets the bylaw requirements, a permit will be granted. The lot in question has 23 acres in an area which allows one unit per two acres. The property could be subdivided. In the Zoning Bylaw, the only reference to a Mobile Home or Mobile Home Park is in the definitions. A copy of a trailer Park and a Mobile Home Ordinance were located, but they did not have any dates or signatures included. Further research will be done. The state will be contacted about applicable rules for a junkyard and for illegal dumping of debris. J. Weir will be contacted about areas of inclusion in the proposed bylaws for towers, trailers, tag sales, and the like.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT (See attached report)
(1) J. Anderson suggested that a letter be written directly to Gurney Bros. regarding the status of the repair to Bridge #43 on Wiswall Hill Road (TH#11). Motion was made by M. Rohan and seconded by F. Bacon to write a letter to Gurney Bros. to ask for a start date for the repairs to Bridge #43 on Wiswall Hill Road (TH#11). Unanimous.

(2) J. Anderson would like to see better information regarding the status of the flood work completed and the amount of monies that have been received. He would also like to see the categories shown differently in the expense report a he mentions in the RC report. The Board did received a separate status report recently prepared by DAK. Another report will be forthcoming as of June 30, 2001 for the audit which is currently being done by J. Mudgett, CPA.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
No action was required by members of the Board on items listed in J. Gray's report.

4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were presented to the Board for action.

4. D. ACCESS/RIGHT OF WAY PERMITS
(1) Motion was made by R. Marek and seconded by L. Bedell to sign the Approval to Proceed with Access Permit #A01-07 submitted by T. Dahlin to change an existing woodsway access to a residential access onto South Wardsboro Road (TH#1) at property lot # A87.3. B71 standards to apply. A 15" culvert is required. Unanimous.

(2) Andrew Yoder, at the corner of Browns Road (TH#45) and Steep Way (TH#21) applied to move his retaining wall 9_'closer to the town highway right of way from where it is now. J. Anderson and J. Gray looked at the situation. J. Anderson and A. Yoder agreed to 5_' closer to the town highway. J. Gray is opposed to moving the retaining wall any closer that it is already, as the situation is not a hardship. Motion was made by M. Rohan and seconded by J. Anderson to sign the Approval to Proceed for Right of Way Permit #A01-08 to allow Andrew Yoder to move his retaining wall 5_' closer to the town highway right of way than its current location at the corner of Browns Road (TH#45) and Steep Way (TH#21) on Tax Map # D140. In favor: M. Rohan, J. Anderson, F. Bacon and R. Marek. Opposed: L. Bedell Motion passes.

(3) J. Anderson and J. Gray reviewed the access to the W. Searchfield property on Baker Brook Road (TH#19) where building is now going on. The original access permit issued (#95.17) has not been completed. It did require a 15" culvert. J. Anderson recommended that the culvert requirement be waived. Mr. Searchfield will be asked to complete a new application for an access permit to replace #95.17.

4. E. OTHER ROAD BUSINESS
(1) Wm. Noyes, VTrans District #2 Technician, prepared a list of six flood projects to be done by an outside contractor. Estimates have been received from Fitzpatrick Excavating and from Roger Farnsworth Construction for those projects. Fitzpatrick - $53,164.70 and Roger Farnsworth Construction - $57,850. Motion was made by L. Bedell and seconded by F. Bacon to accept the estimate of Fitzpatrick Excavating & Crushing for the amount of $53,164.70 with the contingency that the current Steep Way (TH#21) flood work project be completed by September 1, 2001 and the six names projects be completed by October 1, 2001. Unanimous. J. Gray will contact M. Fitzpatrick about the contingency.

(2) J. Gray indicated that Class II and Class III roads that cause a danger to people, drivers and maintenance crews, that have not been plowed in the past, do not have to be plowed in the future.

(3) The semi-final plans for Bridge #19 (Brookline/Newfane) and the preliminary plans for Bridge #14 by the South Newfane Store have been received. The state would like the Board to review the Bridge #14 plans and comment by August 31, 2001. The overall project cost for BR $14 is $715,737. The town's share is 5% or approximately $36,000.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #2 - The cost of the town's insurance has gone up $6,512 which is mostly due to a Worker's Comp claim. In the future the Board may consider going out to bid again for their insurance. Road Commissioner will look into the project suggested by George Childs to cut down a knoll on Parish Hill Road (TH#26) and determine an estimated cost. The project may be a consideration for next years budget.

B. Item #3 - The Board okayed the use of the Town of Newfane seal to be used in a grade 4 Social Studies textbook. Bahman Mahdavi was contacted about the use as the seal is used on the town website

C. Item #6 - Susan McMahon of WRC will be attending the August 16th meeting at 7:00 p.m. to review and discuss the Route 30 Corridor Study information. Kendall Gifford has dropped off the traffic data from Route 30. Copies will be made for the Board members.

5. A. OTHER OLD BUSINESS
(1) Speed Enforcement - It is expected that the information from the two traffic counters, one in Williamsville and one coming into the Newfane Village, will be available for the September 6th meeting. It is hoped that the kick-off date could be September 15th with new media assistance. Signs will also need to be reviewed.

(2) Traffic Ordinance - The Windham County Sheriff's Department has given the Board a suggested change to the Traffic Ordinance regarding fines for speeding violations. Motion was made by R. Marek and seconded by F. Bacon to amend the Newfane Traffic Ordinance to change the language for the speed violation fines to those suggested by the Windham County Sheriff's Department. Unanimous.

8. MINUTES
The minutes of Board meetings of 07/19/01 and 07/26/01 will be considered at the meeting of the Board to be held August 16th.


9. PAY ORDERS Motion was made by F. Bacon and seconded by R. Marek to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
07/28/01 Payroll $ 2,769.22
08/01/01 Payroll $ 2,717.69
08/03/01 Payroll $ 3,149.80
08/03/01 Acct's Payable #3 $ 17,087.05
Unanimous.

IRS Electronic Federal Payroll Tax Payments
07/25/01 $ 1,265.03
08/01/01 $ 1,089.83

10. CORRESPONDENCE
(1) A copy of a letters sent to Congressman Bernard Sanders and to Charles Bergmann from Richard A. Thibodeau of the USPS regarding the South Newfane/Williamsville Post Office facility parking.

(2) An apology letter has been received from Charles "Bud" Bergmann regarding letter written to Richard A. Thibodeau of the USPS.

(3) A report has been received from Dr. Timothy P. Shafer, Health Officer regarding the Donald & Karen Liptak failed septic system, the Lessing General Store septic system the lies in the path of a storm drainage system, and living situation at the Sorrell property on Newfane Hill, where the gray water drainage is unacceptable.

(4) A copy of a letter from Donald Liptack to John Feifel, Sewage Control Officer indicating that the septic system has been pumped.

(5) A copy of a letter from Michael Marquise to John Feifel regarding the Roger sparks property. He belief is that there is no potential for contamination of the subject shallow well by the proposed leach field.

(6) Attorney Timothy O'Connor has sent a response to the Hearing Recess Order for West River Acres to the District #2 Environmental Commission. The town received a copy.

(7) The town has received a copy of the ANR's Proposed Findings of Fact, Conclusions and Proposed Permit Conditions for West River Acres.

(8) A copy of the Jurisdictional Opinion with respect to tracts of land that are part of the project in pending West River Acres. The letter was written to Attorney Timothy O'Connor from April Hensel, District #2 Coordinator.

(9) Copy of a certified letter to Gregory Andrews from Zoning Administrator, Piet van Loon regarding a violation of his zoning permit #00-68.

(10) Information has ben received from the Department of Taxes that the School District is to pay Act 60 a total of $115,014 for FY 2002.

(11) Announcement of grant funding available for Municipal Planning for FY 2002. Municipalities may apply for any amount up to $15,000 for single applications or up to $25,000 for consortia applications.

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

12. ADJOURNMENT
Motion was made by J. Anderson and seconded by L. Bedell to adjourn the Regular Meeting of the Board at 10:45 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 - 08/02/01

1. PERMITS
* Yoder Stone wall, intersection of Steep Way (TH#12) and Browns Road (TH#45). The requested change to bring the existing wall 9_ feet closer to the road brings the wall 6 feet within the right of way. Being a solid wall and bring on the outside of the turn for people turning off of Steep Way causes this to be too close for snow removal and for crowding the road. This was all discussed with Mr. Yoder and he clarified his plans for us. It was mutually agreeable to change the line of the wall to 5_ feet out from his existing wall in front of his home which is two feet into the right of way. With this change the permit should be approved.

* South Wardsboro Road (TH#1) right of way (Dahlin). This access has good site distances. The grade is very slight here and any culvert should be no more than 15" in diameter. In order for the culvert to be installed it may need to be somewhat raised up and the ditch on the low end may need to be deepened at the outlet end in order for it to function. Since a 15" culvert is recommended for this location, this is the exception. Recommend that this permit be approved with the requirement for a 15" culvert with ditch work at the outlet end as needed in order for it to flow.

* Work has begun under an old permit for the Searchfield's on Baker Brook Road (TH#19). This permit required a 15" culvert also. The road at this location is very level and there is no possibility of deepening the ditch at the outlet end of any new culvert. Recommend that the requirement for a 15" culvert be waived at this location. This was the subject of a phone call from a neighbor who was concerned that culvert work at this location could make the road unsafe for everyone else.

2. PROJECTS
* Bazin will not start work on Vic Benjamin Bridge until after September 1, 2001.

* Estimates were faxed today for six remaining flood work projects that are not under contract. Fitzpatrick and Farnsworth have/will be providing estimates thanks to the efforts of Bill Noyes.

* S. Wardsboro Road (TH#1) guardrails. Bill Noyes has made inquiries and is trying to obtain estimates for the guard rail portion of S. Wardsboro Road flood work. No date provided.

* Steep Way (TH#21) Flood Work. Fitzpatrick is due to resume work on Steep Way next week. Apparently he is done in Townshend. It would be very helpful to have budget line items for flood work. These would be unfunded, however, expenses charges there could be compared to unbudgted revenues for flood work. The current practice of mixing in flood work with non-flood work makes tracking expenses difficult. There are general ledger categories for emergency materials and for emergency road crew man-hours, but nothing for emergency contract work. Recommend that Shelba be contacted about creating a new general ledger line item for emergency/flood contract work. It is probably too late to make use of anything like this for this flood.

* Wiswall Hill wing wall void. Gurney has not provided a date for starting work. Recommend contacting Gurney directly, via a letter, instead of through Bill Noyes, and ask for a start date. Information discussions have already taken place and we are under the assumption that Gurney will handle the problem as warrantee work.

* Guard rail bids should be ready for September for October/November installation.
Road Commissioner
Jesse Anderson



ROAD FOREMAN'S REPORT 08/02/01
TOWN OF NEWFANE HIGHWAY

1. The backside of Newfane Hill road (TH#20) and Hunter Brook Road (TH#32) were graveled where mud occurs and roads were washed out earlier. Culverts (4) were replaced on Stratton Hill Road (TH#35) that were damaged or rusted out. The remaining culverts at the town garage to be installed on various roads.

2. Flood work to resume on all projects until done. Steep Way (TH#21) work to resume next week.

3. Bridge #51 on Vic Benjamin Road (TH#64) to be replaced in September per Bazin Bros. Multiplate arch is being made.

4. Brush and grass are being cut on Dover Road (TH#2) adjacent to bandrail and guardposts.

5. Equipment:
A. The Husqvana weedeater was replaced due to old one being work out.
B. The axle and wheel hub have been ordered for the Gandy chloride spreader.
C. All other equipment operational.

6. Culverts to be put in where needed. Some have been damaged by grader.



To: Newfane Board of Selectmen
Memorandum From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: August 2, 2001

1. The town has received a check in the amount of $4,984.82 from FEMA for the snow emergency of March; $4,793.10 for labor, equipment, material and contract services and $191.72 for administrative allowance.

2. Included in you meeting information is a separate memo regarding the insurance cost for Fiscal Year 2002.

3. A request has been received to use the Town of Newfane seal for a Social Studies book that is used for the town vehicles, town report and other things. More information is included in an E-mail sent to Bahman Mahdavi.

4. Bill Krajeski of Patriot Properties sent a memo to the town regarding a revision of the annual yearly licensing fee for the appraisal program.

5. I spoke with Terry Knight of Property Valuation and Review regarding her assessment of the meeting with Patriot Properties. She indicated that the one question that needs to be clarified is to make sure that in the event that the town breaks the contract with Patriot Properties in the future, the town needs to make sure that the data can be exported to another program (NEMRC or other). She was pleased with the presentation and felt the sketching program was remarkable. The Listers need to look at what Bill submits and sit and discuss with him how he arrived at the assessments and know how he comes up with his sales data. The Listers need to stay involved; go along on inspections and see how Bill looks at property, so that the Listers look at it in the same way.

6. Susan McMahon of WRC will be attending the August 16th meeting at 7:00 p.m. to review and discuss the Route 30 information. She will be inviting the Village Trustees, the Planning Commission and the Newfane Route 30 Corridor committee members.

7. You have in your meeting information the June 2001 Financial information. CPA, John Mudgett, is working on the FY 2001 Audit. Not sure when he expects to have it completed.
 


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