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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.
AUGUST 17th, 2000 NEWFANE TOWN OFFICE
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.
PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Lynn Bedell, Richard Dowley and Carter Van Iderstine.
Also Present: Rick Wilson and David Furney, Newfane Post Office Proposal, Carol Hatcher, Edward Druke of Civil Defense Committee, Bud Knickerbocker of Windham Regional Commission, Jack Hill, Ted Schreyer as a Lister, Frank Suponski as a Listers and health matter, 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 6:35 p.m.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. NEWFANE POST OFFICE PROPOSAL - RICK WILSON
Rick Wilson, property owner, and David Furney, developer, were present to give the Board a brief overview of the new Post Office building that is being proposed just north of the Town Office property. David Furney has or is currently developing post office building sites in Londonderry, Lincoln, East Dorset and now in Newfane. He looks for the best site and then works with the owner of the property to meet the USPS requirements. A basic layout showing two different locations for the building were presented, none toward the northern side of the property and the other toward the southern or Town Office side of the property. Both were set toward the back of the property at a slightly higher elevation. Each showed a potential link for access onto the Town Office property. The link would better serve the patrons using both the Town Office and the Post Office, making more of a town center. There are some consideration for the location of the link to accommodate the Town Office well and septic system. The post office specifications would like to accommodate trailer trucks. In some instances this requirement has been waived, especially in an historic village setting. Mr. Furney has observed that a trailer truck has not been used at the existing site.
Christopher J. Madden, Real Estate Specialist for the USPS, has asked the Board to respond to the properties reviewed by the Site Review Committee as possible locations. The sites currently under review include Rick Wilson's lot next to the Town Office and the Berrie & Morrison lot north of the fire department. The house south of the current post office has been rejected as being operationally difficult. The Board favors having the new post office location be near the center of the village rather than north of the fire station.
L. Bedell would like to have the USPS contacted to find out if it is too late in the process for the town to submit a proposal for a building on the Town Office property. The town could have some income for leasing the property and would have a building that would be paid for in 20-years. M. Rohan noted that the town would have to hire someone to put together a proposal, engineering work and building design. There would also have to be a special meeting to ask the voters to approve the expense of the building. Chris Madden will be contacted regarding the process time frame.
B. NEWFANE RAPID RESPONSE PLAN
E. Druke, Chairman of the Civil Defense Committee (EMC) suggested that the Vermont Rapid Response Plan be left the way it was signed at the previous meeting. It is an organizational plan and is updated as needed. Bud Knickerbocker of WRC, who assisted the EMC with completing the form indicated that the information is a "pocket plan" for the community which grows and changes constantly. With the information from the area communities, an "all hazards plan" for the region will be developed. When the Windham County Sheriff's Department is called if they need assistance the Vermont State Police would be called, as listed under other contacts. If there was a fire, either NewBrook Fire Department or South Newfane Williamsville Fire Department would be contacted, depending on the location, and the respective chief would be in charge. EMC would not be called for a fire situation. J. Gray submitted his suggestions for changes to the plan as presented. E. Druke noted that J. Gray was invited to the EMC meetings for his input on the plan but did not attend. The EMC will meet to review the document for one more time.
C. LISTERS - MILLER v. TOWN OF NEWFANE & REAPPRAISAL
(1) The Board asked Ted Schreyer and Frank Suponski to attend the meeting to discuss the Miller v. Town of Newfane matter. The background information on the case is that the Miller's first appealed their assessment of the Listers, $221,415 amount, to the BCA. The BCA reviewed the information and sent an inspection committee to view the property, at which time the Miller's did not allow the committee into the dwelling. The BCA agreed to the rate of $221,415. This was appealed by the Miller's to the State. The assessed value at that juncture was set at $294,800 by state appraiser, Michael Bailey. The Miller's appealed that assessment of the Supreme Court. T. Schreyer feels that the Selectmen "cut a deal" to settle the case with the Millers to keep from going to the Supreme Court. M. Rohan indicated that it is the responsibility of the Board to act on behalf of the town in legal matters. The Board acted on the advise of the attorney used by the town for this matter. The agreement between the Miller and the Selectmen indicated that the assessment would remain at $221,415 until changes are made to their property or there is a town wide reappraisal. The grand list has their property listed at $294,800. Because the Miller's did not let anyone view their property at the BCA level, the process should have topped there. No town official objected to the appeal at the state level. The Selectmen did not set a new value in the agreement but agreed with the appraised value set by the Listers. At the advice of the attorney used by the town, the Board felt it was better to settle the matter before going to the Supreme Court and incurring legal fees when there is a weak link at the BCA level of not stopping the process there. T. Schreyer feels that the process should be settled at the Supreme Court level. F. Suponski presented the case at the State Board hearing and he does not think that an objection was raised about the BCA not being allowed into the building. F. Suponski also indicated that he felt that the state appraisal number was too high.
(2) A memo and informational materials regarding appraisal issues were gather for the Board and the Listers to review. DAK called Terry Knight of Property Valuation and Review and the suggestion was made ask if the appraisal firms on the list provided by Terry Knight would be interested in receiving a Request for Proposal to do a reappraisal in Newfane. Motion was made by M. Rohan and seconded by R. Dowley to have the Administrative Assistant compile a draft letter to the firms listed for Vice-Chairman Lynn Bedell's signature. Unanimous.
When asked if the Listers would be willing to correct the Grand List of the Miller's assessment to agree with the settlement by the Miller's and the Board, T. Schreyer indicated NO and F. Suponski indicated YES. R. Dowley agreed to speak to Roger Sparks about the matter. If R. Sparks agrees to lowering the assessment to $221, 415 then a correction to the Grand List will be made. If he does not agree, the Board asked L. Bedell, Vice-Chairman, to contact Attorney J. Krochmalney about the Board filing a request for a correction to the Grand List.
BOARD OF HEALTH - F. SUPONSKI/J. FEIFEL
Frank Suponski did have Dailey Construction dig up the top of the septic system to determine the size of the tank. It is a 750 gallon man made galley that has been in use for seven years. F. Suponski look into the system and it is clear. John Feifel, SCO, was upset that Mr. Suponski did not contact him to view the tank. It is still viewable according to F. Suponski. He also indicated that marie Suponski is the property owner and that J. Feifel will have to deal with the property owner. Mr. Feifel originally cited F. Suponski, who does not own the property. Mr. Feifel will have to start the process all over again and cite the property owner.
John Feifel, SCO returned to the meeting and asked that a Board member accompany him to the Suponski property. R. Dowley will go with him.
4. ROAD BUSINESS- A. ROAD COMMISSIONER'S REPORT - (No written report)
(1) R. Dowley has reported that he has received many calls about when the flood damage on the South Wardsboro Road (TH#1) is going to be fixed. L. Bedell also reported about calls she has received about "road rage" on that section of road.
B. ROAD FOREMAN'S REPORT - (See attached report)
No items required any action by the Board.
C. EXCESS WEIGHT PERMITS
Eagle Lumber has applied for an excess weight permit for use of town highways, in particular, Bridge #47 on Hunter Brook Road (TH#32) The town has an agreement with Ralph Paradis for the shoring up of BR#47, which indicates that if other parties with trucks weighing over the posted limit request use of Bridge #47, the Town shall require the same conditions of this agreement prior to such use. Before the Board approves an excess weight permit for 60,000# vehicles an agreement for use of Bridge #47 between the Town and Eagle Lumber Co. will have to be signed by both parties.
D. ACCESS/RIGHT OF WAY PERMITS
(1) Access/Right of Way - A00.05 - Eagle Lumber Company, Greg Monick as Agent, has applied to change an existing access on Hunter Brook Road (TH#32). Motion was made by M. Rohan and seconded by R. Dowley to have Eagle Lumber Co. Install a 15" culvert 1_ times the travel portion of the access with sand and stone fill to be as directed by the Road Commissioner and Road Foreman. Unanimous.
(2) The Road Commissioner and the Road Foreman have been to look at what is being proposed by Jack Allembert for Access Permit A00.06 on Grimes Hill Road (TH#5). They will meet with Mr. Allembert as the proposal needs to be amended.
(3) J. Gray indicated that the situation by Benedetto's on Stratton Hill Road (TH#35) by Bridge #42 is getting worse than ever. The WCSD will be called.
(4) J. Gray reported that the logging landing and turn around on Toby Hill Road (TH#33) by Stratton's has turned into a mud hole. J. Gray should tell the logging operation to repair the area to the town's requirements.
E. COVERED BRIDGE - TEMPORARY BRIDGE vs. DETOUR
Roger Whitcomb, VAOT Project Manager, has asked that the Selectmen make a decision regarding the use of a temporary bridge or the Baker Brook Road/Wheeler Hill Road/Parish Hill Road detour during the time of construction of the new one-lane covered bridge. If the temporary bridge is to be use further studies will need to be done. J. Gray indicated that a temporary bridge would be a safer solution and that Wheeler Hill Road (TH#26) is difficult to maintain during the summer months, especially with increased traffic, as mentioned in Item #4 of his report. L. Bedell expressed her concern about disturbing the ecosystem. She also feels that the Board is making an uninformed decision and that maybe Mr. Whitcomb could come to speak with the Board again. J. Anderson reminded those present that the state VAOT representatives have been present to discuss the information at least on two occasions. M. Rohan indicated that the use of a temporary bridge would be a safer solution than using the detour for the amount of daily traffic (1997 ADT - 1,300) on Dover Road (TH#2). The Board recognizes that the abutting property owner will be inconvenienced with a temporary bridge. Motion was made by R. Dowley and seconded by M. Rohan to use a temporary bridge during the time of the removal and replacement of the Williamsville covered bridge project (CB#17). In favor: M. Rohan, R. Dowley, and J. Anderson. Opposed: L. Bedell and C. Van Iderstine. Motion passes. Roger Whitcomb will be notified of the decision.
F. OTHER ROAD BUSINESS
(1) E. Druke would like to meet with the Road Commissioner and the Road Foreman on Timson Hill Road (TH#41) to look at trees that need to be trimmed back on the corner and to look at some problems on Newfane Hill Road (TH#20).
(2) Carol Hatcher was present to discuss a drainage problem onto their gardens and front lawn that has occurred for the past few years. They would like to find an area to divert the runoff away from their house and lawn. R. Dowley and J. Gray will look at the situation on Tuesday morning (08/22). A swale may be considered as a way to solve the problem.
5. OLD BUSINESS
A. APPOINTMENT - CONSERVATION COMMISSION - (2003) - No action taken.
B. DISCUSSION OF FLOOD DAMAGE
All of the flood damaged roads have been inspected and FEMA representatives have completed their project work sheets (PW). Of the PWs copies received, the total for all of the damage is approximately $566,404 with South Wardsboro Road (TH#1) being $422,812 and Steep Way (TH#21) being $94,707, the two large projects. Wm. Noyes, District #2 Technician will assist the Board in getting bids and contractors together for some of the road work, if the Board wants him to, especially for TH#1 and TH#2. The approval of the paper work has not been completed for South Wardsboro Road (TH#1). Concerns were expressed about the unstable condition of the road. Logging trucks are using the road and are probably over the 60,000 maximum weight limit for Newfane. People are driving too fast and are not yielding to other traffic.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #2 - There will be a reconvened Act 250 hearing on Tuesday, August 29 beginning with a site visit at 6:00 p.m. at the proposed intersection of River Road (TH#15) and Radway Hill Road (TH#4) and then West River Acres. The recorded haring will take place at the Newfane Town Office following the site visits. Wm. Noyes, District #2 Technician will attend to assist the town on the intersection portion of the hearing. J. Anderson and R. Dowley will attend.
8. MINUTES - The minutes of the Regular Meeting and Special Meeting of the Board of Health of 07/20/00, 08/03/00 and the Special minutes of 08/02/00 will be considered at the meeting of 09/07/00.
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:
08/05/00 Payroll $ 2,344.12
08/12/00 Payroll $ 2,736.20
08/17/00 Payroll $ 752.27
08/18/00 Acct's Payable #4 $ 255,735.37 Unanimous
B. IRS Electronic Federal Payroll Tax Payments
08/08/00 $ 1,523.31
08/15/00 $ 807.00
10. CORRESPONDENCE
A. Two corrections to the Grand List have been received. Motion was made by M. Rohan and seconded by J. Anderson to have the Selectmen sign the corrections to the Grand List for A.S. Clark & Sons (D-171.2) from $38,100 to $23,800 due to removal of mobile home and for Patricia Kauffield (B-138) from $65.367 to $9,000 due to flood damage. Unanimous.
B. An Application for an amendment of Act 250 Permit for Sterling McMurrin and Karen LaGotta for a subdivision of Lot #1 on Grimes Hill Road (TH#5) to create a 5A acre lot and a 20A acre lot for a house/barn combination on the 5 acres and a new barn on the 20 acres. A Project Review Sheet from ANR and Act 250 was also received.
C. A Planting Plan for vegetation along the West River has been received for the West River Acres (Winchester Stables) Act 250 hearing.
D. Information has been received from Windham Regional commission showing Average Annual Daily Traffic, Sufficiency Ratings for VT State Highways and Major Collector Class 2 Town Highways and High Accident Locations.
E. Village Trees has put together a plan for gateway plantings within the South Newfane village area. It is anticipated that someone will represent the gourp to dicuss the plan at some future Selectmen's meeting.
11. EXECUTIVE SESSION - An Executive Session was not required.
12. ADJOURNMENT
Motion was made by R. Dowley and seconded by L. Bedell to adjourn the Regular Meeting of the Newfane Board of Selectmen at 9:50 p.m. Unanimous.
Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen
Posted: Town Clerk's Office, Newfane Store,
Patsy's County Seat Market, Lessing's Family General Store and South Newfane General Store & Deli.
www.newfanevt.com
ROAD FOREMAN'S REPORT 08/17/00
TOWN OF NEWFANE HIGHWAY
1. The following roads were graded and raked: Baker Brook Road (TH#19), Spring Hill Road (TH#24), Loop Road (TH#76), Cemetery Hill Road (TH#16), Mayer Road (TH#40), and Parish Hill Road (TH#26). Also Jones Hill Road (TH#52) was done.
2. All roads were inspected for damage by FEMA representatives, Bill Noyes District #2 Technician and others. Reports to be forth coming.
3. Equipment: A. The 926E Cat Loader needs the tilt for the bucket repaired and exhaust manifold studs that are broken replaced. B. The GMC was repaired last week. This included ring gear, clutch and rear main bearing. C. All other equipment is operational.
4. The detour for the Williamsville covered bridge (CB#17) should be a Bailey Bridge at the site. Even under the best conditions Parish Hill Road (TH#26), Wheeler Hill Road (TH#26), and Baker Brook Road (TH#19) are a dangerous route for Dover Road (TH#2) traffic. Wheeler Hill Road is particularly difficult to maintain during summer months. After a short time road rage is the norm for many drivers.
Respectfully submitted,
James O. Gray
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To:
Newfane Board of Selectmen
Memorandum
From:
Doris A. Knechtel
Subject:
Administrative Assistant's Report
Date:
August 17, 2000
1. Roger Whitcomb, VAOT, requesting that the Board make a decision regarding the use of a temporary bridge or the Baker Brook road/Wheeler Hill Road/Parish Hill road detour during the time of construction of the new one-lane covered bridge. If the decision is for using a temporary bridge, the studies need to be completed during the "good" weather regarding the impact on the resources. (Agenda #4.E.)
2. The reconvened Act 250 hearing is scheduled for Tuesday, August 29 beginning at 6:00 p.m. at the West River Acres and then the new proposed intersection for River Road (TH#15) off of Radway Hill Road (TH#4). I asked Wm. Noyes to attend regarding the road matter.
3. The gentlemen from FEMA, John R. Phalen and Ken Pinkham, have been working with Bill Noyes, Jim Gray and I for the past several days preparing the paper work for the flood damage reports. I will prepare the results of the recommendations to date for repairs or replacement. Bill Noyes will assist the town, if the Board wants, with the contracting/bid process for the two major projects, South Wardsboro Road (TH#1) and Steep Way Road (TH#21). The proposal for TH#1 is to replace not repair the road to the new codes and standards; larger culverts, stone lines ditches, etcetera. It is anticipated that the road could be rebuilt to a gravel surface before the winter with the bituminous concrete to be applied in the spring/summer. The recommendation paper work has been sent to the next level for approval.
4. George Paquette, Station Road (TH#66) has been in again discuss his problems of people using the road to get to "Indian Love Call".
5. I spoke with Don Williams about the possibility of him and Pat applying for funds through the VCDP Newfane/Dummerston grant for some of the improvements needed for their property; i.e., septic and well replacement.
6. J. Gray has provided his comments for possible additions to the Rapid Response Plan.
7. The minutes of 08/03/00 have not yet been completed. Still flooded.
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