MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
AUGUST 15th, 2002
TIMSON HILL ROAD (TH#41) AND DEPOT ROAD (TH#2) SITE VISITS
NEWFANE TOWN OFFICE
TIMSON HILL ROAD (TH#41) SITE VISIT
PRESENT:
Selectmen: Richard Marek, Jesse Anderson, Lynn Bedell, Gary Katz and Piet van Loon.
Also Present: Merton Coleman, Carolyn Coleman, Robert St. Pierre and Doris Knechtel

1. CALL TO ORDER
The regular meeting was called to order by Chairman Richard Marek at 6:30 p.m.
A. Timson Hill Road (TH#41) Site Visit - The purpose for meeting at the site was to review the upper access onto Timson Hill Road (TH#41) from Merton Coleman's property (00D 094) across from R. St. Pierre's. Mr. Coleman indicated that there had been an agreement in 1986 with the Selectmen to put in a culvert at his access. The road has since been lowered in that area making it more difficult to gain access onto the property. He would like the road to be raised. J. Anderson indicated that maybe the town could do some work on the currently little used access to make entering the property somewhat easier. If the property were sold and a house was to be built, a residential driveway would need to be installed.
Neighbor Robert St. Pierre was also present. He feels that the town road has been built up too much and that it should be taken down to be below the level with his driveway. He claims to get a lot of run off from the road into his yard when it rains. The Board recessed the meeting to the Depot Road (TH#2) site at 7:10 p.m. (See also 5. F. (2), page #3)

DEPOT ROAD (TH#2) - SITE VISIT
PRESENT:
Selectmen: J. Anderson, L. Bedell, Gary Katz, and Piet van Loon
Absent: Richard Marek
Also Present: John Spicer

B. Depot Road (TH#2) - Site Visit - Williamsville Cemetery - John Spicer outlined the preliminary thoughts of the Village Enhancement Committee thinking of planting shrubs within the town highway right of way in front of the fence of the Williamsville Cemetery. This idea came about as a result of the $200 mini grant to plant a tree as part of the enhancement of the entrance to the village of Williamsville. There did not seem to be a good area for planting of a tree without blocking sight distances. The Board suggested that the committee develop a plan and approach the cemetery commission for their support. Then the plan should be brought to the Board for their reaction. The Board recessed the meeting at 7:27 p.m. to the Town Office to conduct the rest of the scheduled meeting.
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Richard Marek, Jesse Anderson, Lynn Bedell, Gary Katz and Piet van Loon.
Also Present: Larry Kraft, Robert and Trish Powers, Edward Druke from Emergency Management, James Gray as Road Foreman and Doris A. Knechtel, Administrative Assistant.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. REV. ROBERT POWERS - VERIZON PERMIT
The Selectboard has received a permit from Verizon for the placement of utility poles in the Baker Brook Road (TH#19), Hobby Hill Road (TH#19) and along Silver Mine Trail for the purpose of getting electricity to the Powers residence. The Board objected to the amount of cutting that had been done without notification of the Tree Warden. Tree clearing was not part of the Verizon permit application. J. Anderson spoke with M. Bernard of Vermont Electric Coop about the policy for new power lines. The tree clearing is done by the customer with tree clearing for lines at 50' for regular wire and 30' for tree wire. Rev. Powers did complete a right of way permit to be reviewed by the town, but was told that he did not need a permit as it was to be part of the Verizon permit, not realizing that the customer is responsible for having the trees removed. Rev. Powers hired M. Powling to cut the trees after the site was reviewed by M. Bernard. Concern has been expressed by J. Gray about the tree stumps being in the way of the road maintenance. Rev. Powers indicated that he will have M. Powling cut the tree stumps level. Motion was made by P. van Loon and seconded by R. Marek to have the Board sign the approval of Verizon Order 9AADX9-File 02-214 Tel Rte 4-1, VEC LN A12, Baker Brook Road & Hobby Hill Road to place, replace, & maintain poles & associated wires, cables, anchor/guys & trimming/cutting rights. In favor: R. Marek, J. Anderson, G. Katz and P. van Loon. Opposed: L. Bedell. Motion passes. L. Bedell indicated that the cutting of a 50' swath of trees was an intentional mistake.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
Larry Kraft, an independent candidate for Representative of the Windham - 6 District, was present to observe the various concerns of the Town of Newfane. Townshend and Marlboro are also in the Windham - 6 District.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item #1 - CVPS notifies the Tree Warden if substantial trees are to be removed for line maintenance. There needs to be a similar agreement with VEC so that the Tree Warden is involved early in the process. The Law of Trees and the tree warden's role and the use of the public right of way by the utility companies will be reviewed as there seems to be conflicting rules. (2) Item # 2-A. 1. - The work has been completed by Gurney Bros. Construction on Bridge #43 on Wiswall Hill Road (TH#11). Motion was made by J. Anderson and seconded by R. Marek to write a letter to Mr. Gurney to thank him for his prompt response to the town's request and to indicate that the work has been accepted. There are to be no future claims against the work done on the bridge. Unanimous. Chairman R. Marek is to sign the letter.
(3) Item #2 - A. 2. - Motion was made by J. Anderson and seconded by G. Katz to have the Board sign the form from James McCarthy of VTrans indicating that the required repair work has been completed on Bridge #43. Unanimous.
(4) Item #3 - B. & RF Item #2 - Daniel's Construction has looked at Bridge #41 on Parish Hill Road (TH#26) and Bridge #42 on Stratton Hill Road (TH#35) for needed repairs. Estimates will be forthcoming.

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

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

4. D. ACCESS/RIGHT OF WAY PERMITS
(1) Access Permit #A02-10 - Motion was made by J. Anderson and seconded by L. Bedell to sign the Approval to Proceed for Access Permit #A02-10 submitted by Joanne M. Nolan for an access onto their property (PID# - 00B239) on Clark Farm Road (TH#12). The additional access is to be built to B71 Standards. The culvert requirement is waived. Unanimous.

4. F. OTHER ROAD BUSINESS
(1) Birch DeWitt provided a sketch to show his concerns about the drainage off of the town road, Cemetery Hill Road (TH#16) onto the private road, DeWitt Road. There is only an 8" culvert on the private road which does not accommodate the amount of run off. A larger culvert should be installed at the expense of the private landowner to correct the problem. It is not the town's responsibility.
(2) The Board discussed the Timson Hill site visit of earlier in the meeting. Mr. Coleman feels that the road has been lowered about 1½' and Mr. St. Pierre feels that the town has raised the road 1½'. For the M. Coleman situation, the Board felt that with 10" to 12" above the existing culvert, a minimum amount of work could be done by the town highway crew to shave some of the soil off of the access to allow better access onto the property. It is up to the property owner to maintain the access. For the R. St. Pierre situation, P. van Loon indicated that he looked at the possible water drainage. There does not appear to be much of a crown on the road. There is a water bar before the driveway and dwelling that diverts the water off of the road. He will look at the property during a heavy rain fall to watch how the water flows.
(3) The Board discussed the Depot Road site visit for the planting of a tree or shrubs along the cemetery fence in Williamsville. More research needs to be done. L. Bedell suggested that some type of climbing vine or bush be planted to cover the fence.
(4) It was mentioned that the most recent design for the VT Route 30 traffic calming plans are to be presented at a meeting in Townshend on August 22nd.

6. C. OTHER NEW BUSINESS
(1) A letter has been received from the Newfane Garden Club, from Sally Topitzer, Project Chairperson, asking for assistance from the town on Phase Three of the project, which includes a stone walk from the existing front walk to the stone bench and parking lot. The Garden Club would like the town to help dig out the path with appropriate town equipment along with placing the base material for the walk. J. Gray would like the Garden Club to stake out the outline of the walkway so that he can assess the work to be done. Motion was made by R. Marek and seconded by G. Katz to commit the town to having either the town highway crew or a private contractor assist the Newfane Garden Club with the installation of a stone walkway to connect the front walk to the stone bench and parking lot. Unanimous.
(2) There is a young man who needs to do 40 hours of community service work. The town may use him for washing windows, painting the bathrooms at the town office or other things that may be needed. He will be contacted.

5. B. OTHER OLD BUSINESS
(1) The funds should be coming from FEMA soon for the Steep Way (TH#21) as the final audit figures have been submitted. The final audit for the South Wardsboro Road (TH#1) have not been submitted as yet. There are some questions that need to be answered by Wm. Noyes of District #2. There may also be some items that need a response from the town. A call will be made to check on the status of the funds and to see if there is other information required from the town.

5. OLD BUSINESS - A. GOALS AND OBJECTIVES - LISTS
(1) VLCT will be contacted to determine when the new Personnel Policy will be available. Otherwise, the committee of F. Bacon, L. Bedell, and D. Knechtel will get together and continue on with the revision that they started on.
(2) Members of the Newfane Elementary School Board and the Leland and Gray Newfane Representatives are scheduled to attend the Selectboard meeting of September 5th. On the first meeting in October, Townshend and Dover may be asked to attend. P van Loon suggested that I would be worth it to have a special meeting.

5. B. OTHER OLD BUSINESS - (cont.)
(2) The letters have been sent to the three offenders of the Ordinance for the Regulation of Junk and Junk Vehicles to inform them that they have 30-days in which to remove or screen the assorted debris or they will be fined according to the ordinance. G. Katz inquired about the situation of the fine to be imposed. The Board wants to hear from the property owners to find out from them how they are going to remediate the situation. If they are removing the materials, then the town is not apt to issue a fine. There are vehicles being removed from the property on Brown's Road (TH#45).
(3) Ed Druke indicated that the Emergency Management Committee has not sent out the updated questionnaire for the special needs residents. They may wait until the next town mailing or have the town pay for the cost of the mailing. It was suggested that the EMC look into how it is handled at Vermont Yankee or other like agencies. The Board would like to review the form before it is sent out.
4. E. BRUCE BROOK BRIDGE (BR#32) REPLACEMENT
Bazin Bro's have been contacted and they have indicated that the original price submission for the precast concrete con-span arch will remain the same. The work will be done after June 1, 2003. Motion was made R. Marek and seconded by L. Bedell to accept the bid submitted by Bazin Brother's Trucking, Inc. in the amount of $85,595 for the replacement of Bridge #32 on Bruce Brook Rd. (TH#21) with construction to begin as close to June 1, 2003 as is practical. Unanimous.

4. F. OTHER ROAD BUSINESS - (cont.)
(5) The Dover Selectboard has not discussed the discontinuance of the portion of Carrol Trail in Dover. Newfane may want to discontinue the portion in Newfane, at which time Dover will be notified. There are other roads within Newfane that the Board may consider to be discontinued. J. Anderson will find the list, compiled by R. Dowley, of other roads to be discontinued. P. van Loon and G. Katz will review the list and the process and make recommendations to start the proceedings. It was stressed that there should be some criteria for considering the discontinuance.
6. B. WINDHAM COUNTY HUMANE SOCIETY CONTRACT
R. Marek and A. Mayor are working on a revision of Newfane's Animal Control Ordinance and will be making suggestions for the Windham County Humane Society Contract.
6. C. OTHER NEW BUSINESS - (cont.)
(3) The town has a $100,000 loan with Chittenden Bank, which will come due on August 28th. The town is waiting for the funds from FEMA to pay off the loan. The Town Treasurer does feel with taxes coming in she may be able to pay down a portion of the loan. Motion was made by R. Marek and seconded by J. Anderson to have the Town Treasurer pay down the $100,000 loan in an amount that is in the best interest of the town and the town's cash flow needs and to renew the note for the balance. Unanimous.

7. ADMINISTRATIVE ASSISTANT'S REPORT
A. The lift at the Williamsville Hall has been looked at and further repairs are needed by Weber Accessibility. Three trip extenders will be required to meet code requirements. Until that is completed next week, the lift should not be used.
B. The Town Office bathroom has been repaired by Jeffer's Plumbing. The sink has been secured and the toilet is flushing properly.
C. The request to FEMA for the extension of the razing of the Williams Property on Steep Way (TH#21) has been denied, according to Angela Magara. The town will need to have the building removed 90 days from the closing, which was June 14th. A. Magara indicated that the town should have the building removed and the site remediated by September 19th, 2002. The well needs to be capped, the septic needs to be pumped and then filled, and any asbestos needs to be removed before the building is demolished. P. van Loon will research what needs to happen and will put together a scope of work to be accomplished. Some of the items will be a cost to the town and some of the items will be considered as in kind services by the town and the highway crew.

6. C. OTHER NEW BUSINESS - (cont.)
(4) P. van Loon suggested that the town information sheet should be updated to include having property owners contact the Tree Warden before cutting trees within the town highway right of way and that the information sheet should be sent to all new property owners.

8. MINUTES
The minutes of 05/02/02, 05/16/02, 06/20/02 and 08/01/02 have not been completed for this meeting.

9. PAY ORDERS
Motion was made by G. Katz and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
08/02/02 Payroll $ 2,584.59
08/10/02 Payroll $ 2,964.15
08/16/02 Acct's Payable #4 $ 329,892.80 Unanimous.
IRS Electronic Federal Payroll Tax Payments
08/06/02 $ 1,518.87
08/14/02 $ 826.69

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 P. van Loon to adjourn the Regular Meeting of the Board at 10:00 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 P. van Loon to approve the First Class Liquor License for JOED, Inc., dba Rick's Tavern. Unanimous. The property is in the process of being sold to JOED, Inc.
Motion was made by G. Katz and seconded by L. Bedell to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:05 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 08/15/02

1. PERMITS
A site for a new access was checked but we don't have the permits in front of us yet.

The two pending permits for the Silvermine Trail/Baker Brook power line still needs to be addressed. I spoke with Mike Bernard of VT Electric Coop. He explained their policy for new power lines.

Ø Tree clearing is by the customer
Ø Easements for lines are always 50'.
Ø Tree clearing for lines is 50' for regular wire and 30' for tree wire.
Ø New lines are cleared more aggressively than established lines.

He reviewed the job with Mr. Powers and helped lay out the 50' corridor. In his experience nobody has ever actually done the full 50' of clearing. Tree wire is coated wire which will not short out when contacted by large branches or small trees that lay on the line. Mr. Bernard thinks that 50' easements are fairly standard for power companies running new line.

I tried to contact Rev. Powers but the cell phone number was not a currently active number.

I see two issues to be resolved. One is that VT Electric will require 50' or 30' corridors in the future which would be especially of concern along a stream. Secondly the clearing job itself is incomplete in that the stumps along the road need to be ground off and brush in the right of way needs to be removed.

2. BRIDGES

A. The Wiswall Hill Bridge #43 wing wall repair is complete. A concrete apron 2' thick was installed in front of the wall and overlapping 6" with the wall. The concrete for this also presumably settled into the void underneath the wall. The apron projects under the bridge a few feet and protects the abutment. There was no scouring under the abutment but the stream bed is level with the bottom of the abutment. Large riprap was also piled at the base of the wing wall and adjoining abutment on top of the new concrete apron which is 4' wide. This combination will certainly address the concerns of the State bridge inspectors and would work well in a flood. Mr. Gurney would like a letter accepting the work and relinquishing any future claims. 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.
(1) I strongly urge the board to send such a letter with our thanks for responding promptly to our last letter.
(2) We need to sign the sign-off form verifying that the condition that we were cited for has been fixed and sent it to the State.
B. Daniel's Construction reviewed the Parish Hill (TH#26) bridge (BR#41) at the intersection of Baker Brook Road (TH#19). The I-beams are corroded and are crushing down at the corroded point. They will send us a proposed fix and an estimated cost in about a week. They will do the same for the needed repairs to the wooded guardrail posts on the small Stratton Hill bridge (BR#42).
3. PROBLEMS
Bud Bergmann was very apologetic about the runoff from the logging road on his property in South Newfane. He is trying to work with the logger to get them to correct the drainage problems caused by the logging and expects to get some results soon.

Jesse Anderson, Road Commissioner

ROAD FOREMAN'S REPORT 08/15/02
TOWN OF NEWFANE HIGHWAY

1. An eighteen-inch culvert was put in on French Cabin Road (TH#36) to stoop the erosion that occurs with heavy run off of water. Wash outs on Wiswall Hill Road (TH#11) were filled with Gabion stone to stop erosion. Sawmill Road (TH#77) has been graveled to stop the washboarding of the surface. Roads are dusty in many places due to the day conditions.

2. Bridges: A. Bridge #43 on Wiswall Hill Road (TH#11) was repaired by Gurney Brothers Construction. B. Bridge #41 and #42 (Parish Hill Road (TH#26) and Stratton Hill Road (TH#35)) were examined by Mark Thompson (Daniels Construction) for needed repairs. Estimates will be coming in about a week.

3. Equipment: A. The 140G Cat Grader was returned from Southworth Milton after needed repairs on 08/09/02. B. The brake canisters on the International truck were replaced at the garage. C. The 4 X 4 Chevy batteries failed and will have to be replaced. D. All other equipment is operational.

4. Any tree planted on Depot Road (TH#2) by the new cemetery will affect the site distances at the town garage. Trucks and equipment are in lower gears due to pay loads and slow- moving equipment. Drivers complain now. Any trees on the old cemetery side will make John Feifel's drive hidden.

Respectfully submitted,
James O. Gray, Road Foreman

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