Any and all corrections to the following minutes will be made at the 09/07/00 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

AUGUST 3rd, 2000 NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Lynn Bedell, Richard Dowley and Carter Van Iderstine.
Also Present: Ann C. Landenberger of Williamsville Hall Committee, Edward Druke, Sr., of Civil Defense Committee, John J. Feifel as Sewage Control Officer, 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 7:03 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC

A. WILLIAMSVILLE HALL COMMITTEE

Ann Landenberger, representing the Williamsville Hall Committee, had a prepared list of items to discuss involving the Williamsville Hall. The next major use of the hall will be on September 9th and the committee would like to have the plumbing and the used three-bay sink installed y that time. The Board agreed to have someone from the committee find a sink for that purpose, as the AA has not had the time to take care of that matter.

The committee would like to add Greg Andrews as a member of the committee. Motion was made by J. Anderson and seconded by L. Bedell to appoint Greg Andrews to serve as a member of the Williamsville Hall committee. Unanimous.

The recent auction generated $685 (gross) from the sale of items contained within the hall or donated from members of the community. The net amount raised from the concession stand was $65.40. The people who attended enjoyed the activity of the auction. A great job was done by all. After some discussion, it was decided to have the Town Treasurer setup a separate account for monies earned through various fund raising activities. What is to be purchased with the funds will need to be approved by the Board first. The town keeps a separate accounting of the payments for rental of the hall, which is used to offset the heat, electrical and wear and tear on the building. The committee is also in the process of getting estimates for the painting of the dining/kitchen area. M. Rohan spoke to a contractor about replacing the cement steps and walkway at the hall, who will be unable to do the work until October. No estimated price was given. The inside wall of the lift facing the outside has water damage. It appears to be leaking under the door. R. Clark will be contacted to look at repairing the damage. The Draft Detective (Dick Cartelli) will also be contacted about his schedule for repairing the windows at the hall.

The other item of discussion was about having the building placed on the National Register of Historic Places. After discussion, it was decided to include an article on the warning at the March Town meeting to ask the residents about the expenditure of $1,800 to apply for the historic status. A presentation of the process and the benefits of having the building on the register could be made. A. Landenberg was thanked by the Board for the information provided regarding the hall.

BOARD OF HEALTH - F. SUPONSKI/J. FEIFEL

M. Rohan and J. Anderson visited the Suponski property and spoke with him about the septic systems that are in use. The gray water system that was installed a few years ago has not been approved. Mr. Suponski should either appeal or have an engineer verify the system(s) that is in place. When the additional bedrooms were added to the dwelling in 1992, J. Feifel, Zoning Administrator at the time, did not require a septic permit for the existing system. The system had either a 750 or 1,000 gallon tank. There has been discussion that the tank may only be for 750 gallons. M. Rohan will contact F. Suponski to indicate that if he wishes to appeal the decision of the Sewage Control Officer that he must do so, in writing, and the BOH will schedule a hearing to be held on August 17th at which time the Board will follow the procedures for a hearing. A memo with background information about the matter was prepared by DAK for review by the Board.

3. UNSCHEDULED MEMBERS OF THE PUBLIC

Ed Druke reviewed the Vermont Rapid Response Plan for Newfane as prepared by the Civil Defense Committee (Emergency Management Committee) along with assistance from Bud Knickerbocker, Planner from Windham Regional Commission and other interested parties from Newfane and Brookline. Typographical changes were noted. The type of emergency and location would determine who would be involved. The Emergency Management Committee includes, E. Druke, Todd Lawley, Chief of NewBrook Fire Department, Steve Jones, Chief of South Newfane/Williamsville Fire Department and Jay Wilson. The question was raised by L. Bedell about the South Newfane/Williamsville Fire Department involvement. They are listed under other resources and Mutual Aid. The Board agreed to have the Administrative Assistant listed as the personnel for Record and Reports instead of the Town Clerk as listed. Motion was made by M. Rohan and seconded by R. Dowley to approve the Vermont Rapid Response Plan for Newfane, as presented with corrections. Unanimous.

4. ROAD BUSINESS

A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #2 - Heavy log trucks have been using the unstable portion of South Wardsboro Road (TH#1) and some drivers do not want to share the one way road. J. Gray indicated that it would be difficult to prohibit the log trucks from using the road. The Board also discussed temporary repairs to TH#1. The FEMA team will assess the cost to repair/replace the flood damaged section. They want to view the damage before repairs are made.

B. ROAD FOREMAN'S REPORT - (See attached report)

No items required any action by the Board.

C. EXCESS WEIGHT PERMITS

No excess weight vehicle permits were presented that required any action by the Board.

D. ACCESS/RIGHT OF WAY PERMITS

(1) Access/Right of Way - A00.02 - Clarence St. Amant has applied to add an 18" plastic culvert to an existing corrugated metal culvert less than 18". The property is located on Depot Road (TH#2) across from Duke Road (TH#66). Motion was made by R. Dowley and seconded by L. Bedell to deny the access permit A00-02 submitted by Clarence St. Amant for the following reasons: 1. Culvert proposed to be installed at an angle and may plug; 2. Two dissimilar materials of different size; and 3. Drainage would encroach in the road and the bridge (BR#2). In favor, M. Rohan, L. Bedell, R. Dowley and C. Van Iderstine. J. Anderson recused himself from the discussion and the vote as he is an abutting property owner. Motion passes.

(2) Access/Right of Way Permit A00-03 - J. Gray and R. Dowley went to review the site at Penner's on Penner Road (TH#31) to rebuild the stone wall. The application is incomplete.

Vermont Rapid Response Plan - J. Gray had several questions about the plan as proposed. He asked about Mutual Aid, South Newfane/Williamsville Fire Department participation, type of disaster, etcetera. Board members also had some questions. Motion was made by R. Dowley and seconded by L. Bedell to rescind the previous motion to approve the Vermont Rapid Response Plan after reconsideration of questions raised. In favor, M. Rohan, L. Bedell, R. Dowley and C. Van Iderstine. Opposed, J. Anderson. Motion passes. Motion was made by R. Dowley and seconded by C. Van Iderstine to invite the members of the Emergency Management Committee to the meeting of August 17 at 6:30 p.m. to go through the plan to respond to the questions raised. Unanimous. 4. F. OTHER ROAD BUSINESS

(1) J. Anderson raised the issue of the comments that are needed by Roger Whitcomb, VAOT Project Manager, regarding the covered bridge. Three items need to be answered at some point: 1. Whether a temporary bridge or detour is to be used; 2. Opening of lattice work to be full length of the bridge or partial opening; and 3. Reuse and/or relocation of the existing bridge. The primary concern at this juncture is to decide on item #1. R. Whitcomb will be contacted. Suggestion was made on item #3 to possibly sell the existing bridge to a museum.

(2) M. Rohan spoke with Chris Ballou, Chairman of the Brookline Selectmen, and Brookline has indicated that town of Brookline will take care of the required maintenance of Bridge #19 under the historic truss bridge program on the even years, with Newfane taking care of the maintenance on the odd years.

(3) M. Rohan received a complaint of someone using a burn barrel for their trash with members of the South Newfane/Williamsville fire department looking on. Enforcement of the use of burn barrels is under the jurisdiction of the Fire Warden, Todd Lawley.

(4) J. Gray indicated that the state is in the process of inspecting the bridges over 20' in length. The wingwall on Bridge #43 (Wiswall Hill Road TH#11) is being undermined; one end of Bridge #47 needs attention and the Arch Bridge (BR#12) needs to be scrutinized.

E. STATION ROAD (TH#66)/LEGAL TRAIL

George Paquette, property owner on Station Road (TH#66) for 14 years, has been in contact with M. Rohan to request that the legal trail and/or Station Road be closed from 10:00 p.m. until 7:00 a.m. as people using the road and the legal trail right of way to reach the "Indian Love Call" recreation area are trespassing and disturbing his peace and quiet. The town has put up "No Parking" signs which have helped. After discussion, the Board members were not willing to grant his request to close the road or the trail for public access from 10:00 p.m. to 7:00 a.m.

5. OLD BUSINESS

A. APPOINTMENT - CONSERVATION COMMISSION - (2003) - No action taken.

B. DISCUSSION OF FLOOD DAMAGE PROCEDURES

There will be a meeting at the NewBrook Fire Department on Friday, August 4th at 9:00 a.m. with representatives from Vermont Emergency Management and the Federal Emergency Management to review the Public Assistant applicant briefing. A member of the Board should be present to sign the FEMA Request for Public Assistance form. M. Rohan, R. Dowley and J. Anderson indicated that they will be attending. The Road Foreman and the Administrative Assistant will also be attending. For FEMA assistance for private property damage, it is understood that so far the threshold for the amount of damage has not been reached.

C. DISCUSSION OF VILLAGE DRAINAGE PROJECT

Board members discussed the bids received for the improvements to the drainage within the village of Newfane on West Street (TH#1) by the church and the Four Columns Inn. The cost of $29,000 plus does not seem too logical for the size of the problem. Motion was made by J. Anderson and seconded by M. Rohan to notify the village and the contractors that the project costs were over the original estimate and the Board will not go forward with the project at this time. Unanimous.

D. DISCUSSION OF PAVING PROJECTS

Motion was made by J. Anderson and seconded by R. Dowley to award the contract to Lane Construction Corp. for the paving of a section of Depot Road (TH#2) and South Wardsboro Road (TH#1) as specified for the total amount of $89,639.50, including side dressing. In favor, M. Rohan, J. Anderson, L. Bedell and R. Dowley. Opposed, C. Van Iderstine. Motion passes.

6. A. OTHER NEW BUSINESS

(1) C. Van Iderstine pointed out that the WCSD report indicated that only two tickets had been issued within a 30-day period for speeding. From the report there appears to be several vehicles going 10 mph over the limit. The WCSD will be conducting a speed survey in unmarked vehicles within the village areas. The Board discussed the possibility of tighter criteria within the village areas of zero tolerance over the speed limit. Before further discussion on the matter. The Board will wait until results of the WCSD survey has been completed.

(2) M. Rohan would like to have information gathered for having a town wide reappraisal done within Newfane with input from the Listers on the appraisal method to be used. Draft Requests for Proposal and a list of potential companies to will be put together for the Board and the Listers to review for the August 17 meeting.

(3) Board members reviewed correspondence relating to the Miller vs. Town of Newfane matter from Attorney T. O'Connor and from Charles Merriman, Esq. from Property Valuation and Review. Lister T. Schreyer wrote a response to Attorney O'Connor. The Board would like to know more about the record of votes of the Listers on decisions and if a majority of the Listers were present. The Board would like the town Listers to attend the meeting of August 17th to discuss the Miller matter as well as the reappraisal. M. Rohan will contact Charles Merriman, Esq. DAK will fax a copy of the Settlement Agreement between the Miller's and the town for his information.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)

A. Item #6 - L. Bedell questioned if the NewBrook Fire Department could be added to the current phone system shared by the town and the school as they are not part of the overall town government organization, but are a volunteer fire department. Motion was made by M. Rohan and seconded by C. Van Iderstine to proceed with allowing the NBFD to participate in the Centrex/Bell Atlantic phone system if all works out and their organization is eligible. Unanimous.

8. MINUTES - The minutes of the Regular Meeting and Special Meeting of the Board of Health of 07/20/00 were not available at this time.

9. PAY ORDERS

A. Motion was made by J. Anderson and seconded by C. Van Iderstine to approve the Newfane Payroll and Accounts Payable Warrants, as signed, for the following amounts:

ROAD COMMISSIONER'S REPORT 08/03/00
TOWN OF NEWFANE HIGHWAY


1. Due to the flood I had a lot of calls about road washouts, plugged culverts and damage to personal property. On the road wash outs and plugged culverts I told them that the road crew was right out straight and they would get to them as soon as possible. People that called about personnel property damage I told them to take pictures, get estimates of the damage and take it to the town office.

2. There has been a big problem on the South Wardsboro Road (TH#1) with log trucks and people that hate to share the one way road.

Dick Dowley

ROAD FOREMAN'S REPORT 08/03/00
TOWN OF NEWFANE HIGHWAY


1. The past two weeks have kept the road crew busy repairing roads that were damaged by the storm that occurred on 07/16/00. Additional repairs will be made.

2. The trimming of the Bell Atlantic right of way on Baker Brook Road (TH#19) has been completed.

3. The VT Highway Bridge Department is inspecting all bridges over 20' in length at this time. Reports will be forthcoming.

4. Equipment: A. The '93 GMC is having the ring gear on the flywheel replaced at this time due to failure. Other repairs to be done when torn down. B. All other equipment is operational.

5. A logging operation at the end of Toby Hill Road (TH# 29) has created very muddy conditions. Gravel was not put on the logging road in a fashion to prevent this.

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. Private property flood damage list was faxed to Tom Woodard of VEM and used by Drew Adam of USDA and others to review streams. Carter and Jim went around with them on July 25th. Map locations accompanied list. Three areas may be covered under Emergency Watershed Protection Program.

2. I would like to suggest that you have someone either from the Board or the Williamsville Hall Committee purchase the needed used sink for the hall.

3. For the Board of Health, a memo has been included for your review on the Suponski matter. A chronological list has been attached regarding Zoning permit applications.

4. Questions have been raised about heavy logging trucks using the unstable portion of the South Wardsboro Road (TH#1).

5. See copy of FAX from FEMA/VEM regarding Public Assistance Applicant's Briefing. Friday, August 4th at 9:00 a.m. at NewBrook Fire Station. Jim and I will be in attendance.

6. Greg Record called about the possibility of having the NewBrook Fire Department included with the town and the school Centrex contract/Bell Atlantic phone service. The recent flood emergency made them aware of the need for additional non-emergency phone lines.

7. The minutes of 07/20/00 have not yet been completed. I have been flooded!

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