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Any and all corrections to the following minutes will be made at the next regular 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, 2007
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Ellen Darrow, Daniel DeWalt, Joseph Mandell, Peter Rysz and Guy Wachtel.
Also Present: Marie L. Caduto of ANR/DEC, Matt Mann of WRC, Herbert Edgerly, Edward Druke, Gunther Garbe, Piet van Loon, Mike Fontaine of Brookline (Paving & Roadside Mowing Bids), Shannon Meckle, Kenneth Schatra (Cap’t Ken’s Hot Dog Stand), Denise Kiss-Schatra, Mike Fitzpatrick, and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The Regular Meeting was called to order at 6:32 p.m. by Chairman Mandell.

2. MINUTES
Motion was made by E. Darrow and seconded by G. Wachtel to approve the minutes of the Regular Meeting of July 5th as written. Unanimous.
Minutes of 07/31/07 - #3. Add to the 1st bullet: signed; Add to the 3rd bullet: ... Hall lift will... Motion was made by P. Rysz and seconded by D. DeWalt to approve the minutes of the Special Meeting of July 30th as amended. Unanimous.
Motion was made by D. DeWalt and seconded by P. Rysz to approve the minutes of the Special Meeting of July 31st with one change of Onyon’s to Onyons’. Unanimous.
See e-mail from Chairman Mandell to Roger Whitcomb regarding motions passed at the 07/19/07 meeting relating to Bridge #14. The minutes to be available soon.
3. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (On vacation)
B. ROAD FOREMAN’S REPORT - (On vacation)
C. EXCESS WEIGHT PERMITS - No action
D. ACCESS/RIGHT OF WAY PERMITS - No action
E. GRIMES HILL ROAD TH#5
A letter has been received from Jeff Marsden of Bazin Brother’s Trucking, Inc. relating to some confusion regarding the original scope of work for the Grimes Hill Road (TH#5) bank stabilization project and subsequent discussions. His letter included a proposed scope of work for the project. Two bids have been received for the project. There was much discussion about whether to open the bids received or to send out revised bids specification for a new bid date. M. Fitzpatrick explained his discussion with T. Lawley about the project.
4. A. (3). OPENING OF BIDS - GRIMES HILL ROAD
Motion was made by P. Rysz and seconded by G. Wachtel to open the bids received and wait for Todd to return to discuss the results. Unanimous.
Bids received: Zaluzny Excavating Corporation $167,460.00
Fitzpatrick Excavating - Option 1 $195,132.28
Option 2 $155,900.30
Motion was made by D. DeWalt and seconded by G. Wachtel to take the bids received for the Grimes Hill Road (TH#5) project under consideration and review. Unanimous.

3. F. BRIDGE #14 - SOUTH NEWFANE
The Selectboard has received a response from Roger Whitcomb of VTrans regarding their letter July 5th about Bridge #14. One concern is the addition of a third rail system separating the sidewalk. It would add to the complexity of the bridge for engineering and for maintenance. There would also be an additional expense. After some discussion, motion was made by D. DeWalt and seconded by G. Wachtel to accept Roger Whitcomb’s advice and continue with the raised five foot (5') walkway with no inner rail. Unanimous. T. Lawley has agreed that the highway department can keep the sidewalk clear during the winter maintenance season
3. G. UPDATE OF RADWAY HILL/RIVER ROAD
Motion was made by P. Rysz and seconded by G. Wachtel to have a letter written to property owner N. Mercede about putting a load of gravel at each end of the proposed change to River Road to discourage motorists from using the private road. Unanimous. The letter is to be signed by Chairman Mandell. The gravel placing had been agreed to at a previous site meeting.
3. H. UPDATE OF CULHANE CORNER
The retaining wall project has begun on Culhane Corner by contractor, Zaluzny Excavating. Trees have been cut and a portable traffic light is being used. J. Mandell has asked another road company for a price on the northern section of Dover Road in the area of Culhane Corner to compare with the price received from Zaluzny for that section.
3. I. OTHER ROAD BUSINESS
(1) The Board has received the preliminary plans for the rehabilitation of the Covered Bridge, scheduled for 2009. The plans need to be reviewed and with comments to be returned to Roger Whitcomb of VTrans by August 31st.
(2) Motion was made by P. Rysz and seconded by G. Wachtel to add an additional 35 mph sign on Dover Road (TH#2) in the area of Brookside near Adams Hill Road (TH#26) to be seen heading in an easterly direction. Unanimous.

6. A. TRAFFIC ORDINANCE - RADWAY HILL SPEED LIMIT
There has been a traffic study done by Matt Mann of WRC on Radway Hill Road (TH#4). The average speed was about 29 mph. Motion was made by D. DeWalt and seconded by P. Rysz to amend the Newfane Traffic Ordinance, Class 2, Section 13. for a maximum speed from 35 mph to 25mph for Radway Hill Road (TH#4). Unanimous.

4. A. (1) OPENING OF BIDS - ROADSIDE MOWING
One bid was received for the mowing of roadsides from O’Maple Services of Vermont.
Brookline - Total of 17 miles X 2 = 34 miles. $2,400
3 miles of bandrail @ $90.00 per hour with boom mower
Newfane - Total of 64.45 miles X 2 = 128.90 miles $9,300
? Miles of bandrail @ $90.00 per hour with boom mower
Motion was made by P. Rysz and seconded by D. DeWalt to take the bid received under consideration pending review by Road Foreman, T. Lawley and by the Brookline Selectboard. Unanimous. Mike Fontaine of Brookline was given a copy of the bid information.
4. A. (2) OPENING OF BIDS - PAVING - BROOKLINE/NEWFANE
The following bids were received for the paving of specified roads in Brookline and Newfane:

  Brookline /ton in place Newfane /ton in place Side dressing/hr
Bazin Brothers $91,429 $64.60 $83,957 $66.10 $325.
Springfield Paving $106,080 $67.21/$78 $102,265 $75/$78 $400.
Warner Bros., LLC $118,125 $83.00 $99,948 $83.00 $500.
F.W. Whitcomb Cons. $89,161.20 $62.94 $77,832.00 $62.94 $192.

Motion was made by P. Rysz and seconded by D. DeWalt to take the bids received under consideration pending review by Road Foreman, T. Lawley and by the Brookline Selectboard. Unanimous. Mike Fontaine of Brookline was given a copy of the bids received.
4. SCHEDULED MEMBERS OF THE PUBLIC
B. MARIE CADUTO - ROCK RIVER PUBLIC ACCESS IMPROVEMENT PROJECT
Marie Caduto of ANR/DEC and Matt Mann of WRC were present to discuss the Rock River Public Access Improvement Project. The Transportation Enhancement grant deadline is August 15th. The project consist of five potential components identified from public forums: a pedestrian walkway under Route 30 bridge, improvement of the safety of river users crossing Route 30; parking lot enhancements to keep cars from parking on the southbound shoulder of Route 30; purchase of easements to ensure trail and river access; trail enhancement and stability to improve safety and control erosion; and installing sanitary facilities.
The initial grant request is for the feasibility study of whether or not the pedestrian walkway is realistic. The grant request is for $15,000. For the grant a 20% match is required. The town is being requested to contribute $1,000 to the matching funds. P. Van Loon mentioned his concern for liability issues for the all property owners and the towns involved, essentially inviting people onto their property. Motion was made by G. Wachtel and seconded by P. Rysz to approve of the town committing $1,000 town the feasibility study for the pedestrian walkway under Route 30. Unanimous. It is anticipated that the preliminary results will be available in February of 2008.

5. UNSCHEDULED MEMBERS OF THE PUBLIC
Gunther Garbe informed the Selectboard that the Planning Commission has held their hearing on the proposed Sub-Division regulations, with a few minor changes. After their meeting of August 14the the document will be forwarded to the Selectboard for their public hearing(s) to be held within 30 days after receipt, sometime in September.

6. NEW BUSINESS B. APPOINTMENTS
(1) ANCIENT ROADS COMMITTEE - No word from the Conservation Commission.
(2) DEVELOPMENT REVIEW BOARD - 4 Alternate positions. No action.
(3) REP. TO CONNECTICUT RIVER TRANSIT - No action.
(4) TOWN AGENT - No action.
Board members discussed a more aggressive approach to getting people to serve for these vacant positions. One idea was to include an article in the Brattleboro Reformer. With the resignation of G. Wachtel from the Traffic Calming Committee, there is a vacancy on that committee that will have to be added to the list.
6. C. WILLIAMSVILLE HALL LIFT
There was a complaint filed with the Department of Public Safety regarding the safety of the lift. Dick Schlieder from the department came to inspect the lift to follow up on the complaint and did not find any problems. In his letter he did suggest that the town put a roof over the outside lift door to help protect the and the water that is damaging the inside wall of the shaft. On 08/02, Bill Henry came to conduct the yearly required inspection. He will issue his findings and a certificate that needs to be posted. (See also - AA report item #1). Board members discussed various options for a limited roof or an extended roof over the stairway leading out from the kitchen. It was agreed to have a special meeting at the Williamsville Hall on August 7th at 4:30 p.m. to review the bids received with T. Lawley and C. Williams and to look at the any roof options that may be considered. Historic Preservation should also be contacted about the roof design when it is decided upon before going out for bids.

6. D. OTHER NEW BUSINESS
(1) G. Wachtel brought up the subject of having a noise ordinance for the Town of Newfane. There is some language in the Zoning Bylaw (Section 8900) dealing with noise going beyond the property line. Discussion topics included whether the current bylaw should be expanded or if there should be a stand along “nuisance ordinance” to try to consider all types of noise. Chairman Mandell will contact VLCT as well as the secretary of States Office. G. Garbe volunteered to work with him on the matter. The question of enforcement was raised.

7. OLD BUSINESS
A. FOLLOW-UP ON JUNK ORDINANCE
Letters have been sent to a property owner on Vic Benjamin Road for a “junk” school bus and a property owner on Newfane Hill Road for having more than three unregistered junk vehicles on the property within view of the road and adjacent properties. A follow-up violation letter needs to be sent as the next step.
There was discussion of whether or not M. Stephens on Auger Hole Road (TH#3) is repairing his own vehicles or if he has a business. The ZA will be asked to investigate the situation.
Another “junk” situation was brought to the attention of the Board. In the area of Glebe Road. Motion was made by D. DeWalt and seconded by G. Wachtel to send a letter to the property owner regarding the “junk” on his property that is visible from the neighbor’s property. Unanimous. On the matter of the LaFlamme property on South Wardsboro Road (TH#1), motion was made by G. Wachtel and seconded by D. DeWalt to investigate the cost to remove the trailer in question. If the town removes the structure, then a lien will be filed on the property for that amount and the amount of the unpaid tickets. ($1,530). Unanimous.
B. OTHER OLD BUSINESS
A letter had been received from Fred Houston regarding the condition of River Road (TH#15) in front of his property. The Board will ask T. Lawley about the status at the 08/07.

8. ADMINISTRATIVE ASSISTANT’S REPORT - (See attached report)
A. Item #2 - Motion was made by P. Rysz and seconded by E. Darrow to have the Board sign the Amendment #2 Finance Agreement between the town and the state for Bridge #14 with the town’s share being 10% as it is a replacement project. Unanimous.
B. Item #4 - Information has been received from the state for the FEMA damage of mid-April asking the Board to agree to the amount of $565,268 which does not include project 6, 8, & 9 which is worth an additional $130,239. The Board needs to write a letter of appeal.

9. CORRESPONDENCE
• Town Clerk, Jahari Overton, has asked that the hourly rate of pay for the assistants for the Town Clerk and the Town Treasurer be increased from $8.00 per hour to $9.00 per hour. Board members agreed with the understanding that the TC and TT have a budget for assistance that they are to work within.
• An Act 250 application has been received for a request to extend the construction completion date for the NJM Realty Limited Partnership Gravel Pit. The permit expired in October of 2006.
• A letter was received through e-mail from April Hensel, District 2 Coordinator, about the Act 250 request mentioned above, stating that the permit has expired and that a new application will have to be submitted. No gravel may be removed from the site until a new permit is granted.

11. PAY ORDERS
Motion was made by D. DeWalt and seconded by Peter Rysz to approve the Newfane Payroll Warrants and the Accounts Payable Warrant for the following amounts:
07/24/07 Payroll $ 513.47
07/25/07 Payroll $ 3,266.33
08/01/07 Payroll $ 3,293.36
08/03/07 Payroll $ 3,636.51
08/03/07 AP Warrant #2 $ 99,053.06 Unanimous.

IRS Electronic Federal Payroll Tax Payments
07/24/07 - 08/01/07 $ 1,400.15
08/01/07 - 08/08/07 $ 1,097.63

6. OTHER NEW BUSINESS - (cont.)
(2) P. Rysz brought up the idea of the possibility of having the town purchase a temporary bridge, that can handle most loads, to be used in place of the covered bridge while it is being repaired. When the use of the bridge at that site is completed, move it to replace the Stratton Hill Bridge (BR#42), rather than spending additional funds to repair or replace that bridge. Board members will discuss the idea at a future meeting.

11. ADJOURNMENT
Motion was made by D. DeWalt and seconded by G. Wachtel to adjourn the Regular meeting at 9:45 p.m. Unanimous. Time for dancing...

Respectfully submitted,

Doris A. Knechtel
Newfane Selectboard

Posted: Town Clerk's Office, Newfane Store, South Newfane/Williamsville Post Office, and South Newfane General Store & Deli.
www.newfanevt.com


To: Newfane Selectboard
From: Doris A. Knechtel
Date: 8/13/2007
Re: Administrative Assistant’s Report

1. Williamsville Hall Lift – Dick Schlieder from the VT Department of Public Safety, viewed the lift with Peter Rysz on Tuesday, following a complaint he received. P. Rysz can report what his findings were. Today, I met Bill Henry at the hall who came to do the annual inspection of the lift. He will write up a report and send it to the town and to the state. His indication to me was that the lift is in good condition. If in his report, there are items that need attention, they should be taken care of within 30 days.

2. Amendment #2 Finance Agreement between the town and the state for Bridge #14 has been revised because the project is a replacement (10%) and not a rehabilitation (5%) as originally planned.

3. You have a proposed Legal Notice for the Traffic Ordinance for Radway Hill (TH#4) to change the aped limit to 25 mph for a portion of the roadway. You may change the proposed language if you would like.

4. FEMA has sent an exit interview asking the town to agree to the amount of $565,268. This does not include projects 6, 8, & 9 for the amount of $130,239. For the town to appeal, a letter is to be written to Alec Portalupi of VTrans. Then another FEMA representative will come for an inspection. Before a letter is written, probably should check with john Alexander.

5. Grimes Hill Road Bids – I understand from some of the contractors and from Richard Hickey that through discussions with the Road Foreman, the specifications were revised from those that were sent to contractors. To make it clean for the town, I would suggest that the Board not open ANY of the bids and revise the specifications and send them out again after Todd returns on Monday.

6. I have had Melody S., Jahari’s Assistant, come in to help me with going through my “stuff”. She has been a very big help to me. She will be in for one more day. I want to thank all of you for your support over the last few months. I will miss some of the going’s on, but it is time for me to now move on and enjoy myself. Thanks again!

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