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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 09/02/04 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
MINUTES - LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
AUGUST 19th, 2004
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Carleton Chaffee, Priscilla Cotton, Gary Katz and Chris Williams.
Also Present: Edward L. Durgin of Verizon, Brud Sanderson of Stevens & Associates, David Clarkson, Frank Suponski, Jim Spencer, Kurt Bostrom as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman P. van Loon at 6:30 p.m.

2. ROAD BUSINESS
A. ROAD COMMISSIONER's REPORT - (See attached report)
(1) Item #1 - There was discussion about the installing signs on the Town Forest Trails prohibiting ATV use and on the Cushing Flats town trail which has a Class II Wetland. Before the signs are installed the Board will review the policy for the use of the Town Forest Trails. Without an ordinance, the a sign regarding the Class III Wetlands may not be enforceable. Before the Board looks into a policy to regulate the use of Class 4 Roads and Legal Town Trails, especially for ATV's, they may want to consider including a new section in the Newfane Traffic Ordinance. They also would like to see what the next session of the legislature may be doing to regulate ATV's
(2) Item #2 - Jones Hill Road (TH#52) - Harland and Marilyn Van Ness did not agree with the project as presented per the signed agreement. Additional work was done adding to the cost of the project for the town. In the future, the Board discussed having a more formal agreement with any alteration to the agreement by the property owner that they will be responsible for any increased costs for changes.
(3) Item #4 - The drainage in the Culhane Corner area near June Levinsohn's property was reviewed. Some work was done and it is all clear now.
(4) Item #5 - G. Katz was asked by members of the Newfane Garden Club about relocating the recycling bins to the Town Garage site. Because of the layout of the town garage activities, there is not a viable location for the recycling containers due to safety concerns. The Board may look at and consider other locations.
(5) Item #6 - K. Bostrom will look into the costs of installing a light in the covered bridge that will come on in the evening. An outside sensor may be needed.

2. B. ROAD FOREMAN's REPORT - (See attached report)
(1) Item #1 - K. Bostrom was unable to put in the driveway culvert as proposed on the plans due to a large rock.
(2) Item #3 - The Backhoe was returned to Cat for warranty repair work. There was a small leak. The town paid for the trucking.
(3) Item #4 - Tree removal work continues in various areas of town. P. Cotton reminded K. Bostrom of a tree on Clark Farm Road (TH#12) that needs to be removed. K. Bostrom will review the situation.
(4) Item #5 - The concern of R. Lyons is not a Newfane Hill Road (TH#20) problem.

(5) Item #6 - K. Bostrom checked with VLCT and the state about the computer capacity needed for the RSMS and MSDS programs (road, culvert, signs and equipment programs). He also checked with Optima Computers of Brattleboro about the cost, which was $647 plus $60 - $80 for a printer. Motion was made by G. Katz and seconded by P. Cotton to authorize K. Bostrom to purchase a computer and printer for and amount not to exceed $800 and to look into the purchase of a digital camera for $200 or less. Unanimous.
2. C. EXCESS WEIGHT PERMITS
No Excess Weight Limit Permits were received for action by the Board.
2. D. ACCESS/RIGHT OF WAY PERMITS
A Verizon permit for a new pole to be installed on Newfane Hill Road (TH#20) for the Ken and Diane Bower residence will be considered at the meeting of 09/02/04.
2. G. OTHER ROAD BUSINESS
(1) Alan Dean spoke with C. Williams regarding a culvert on Steep Way (TH#21) that he would like directed differently. K. Bostrom will follow-up on the matter.
(2) P. Cotton asked is it may be possible to connect a private culvert with a town culvert to divert water flow away from a portion of her property. K. Bostrom will meet with her to review the situation.
(3) Last year an additional new access permit was issued for a drive on Timson Hill Road (TH#41) creating two access points on the property. The original access was to be closed, however it is still being used. P. van Loon will write a letter to the property owner.
(4) There has been a request made by Alice Ryan for signs showing a Horse image to be placed in about 10 locations along Timson Hill Road (TH#41), Newfane Hill Road (TH#20), and Steep Way (TH#21). After some discussion, motion was made by G. Katz and seconded by P. Cotton to suggest that Horse image signs be placed near the beginning of Timson Hill Road (TH#41), the beginning of Newfane Hill Road (TH#20), near the beginning of Steep Way (TH#21) and above the intersection of Newfane Hill Road and Timson Hill Road (where appropriate) at their expense. Unanimous. Requested signs of this type on River Road (TH#15) were paid for by a property owner. Cost for such signs varies from $25.00 to $190.00 depending on the size and quality of the sign.

2. E. UPDATE - SOUTH WARDSBORO ROAD (TH#1) PROJECT
The slope rights agreement between the property owners and the town needs to be signed by the property owners in front of a notary. The utility poles also need to be moved by Verizon. Once these actions have taken place, the documents will be filed in the land records and the project will get under way.
2. F. UPDATE - CULHANE CORNER - See Agenda Item 3. B.

3. SCHEDULED MEMBERS OF THE PUBLIC
A. EDWARD DURGIN - VERIZON
Edward Durgin, Utility Consultant for Verizon, was present to execute the easement documentation from the Town of Newfane by Verizon New England, Inc. for a 40.0' X 40.0' easement area located on the northerly side of Dover Road (TH#2) in the South Newfane area. Within the easement area, Verizon will construct, operate and maintain enhanced communications equipment for better service in the area and to the west. Motion was made by P. Cotton and seconded by G. Katz to have the Chairman, Hendrik W. van Loon sign the easement agreement and the Property Transfer Tax Return on behalf of the town. Unanimous. Mr. Durgin also presented a check in the amount of $2,500 from Verizon of New England to the town for the easement.

3. B. BRUD SANDERSON - STEVENS & ASSOCIATES
Brud Sanderson, of Stevens & Associates was present to review with the Selectboard the condition of the Culhane Corner retaining wall, options to be considered and probable construction costs for some of the replacement options. B. Sanderson first reviewed the overall condition of the wall, section by section. The town may be able to do the repair/replacement in phases. Sight distance is poor. Vegetation and tree roots are holding the slope together. There is a lot of ground water in the area. Part of the pavement on the easterly lane of Dover Road (TH#2) is in poor condition.
The plans show a curb on the edge of the easterly road lane. Any areas where the face of the retaining wall is over 4 feet a fence will be required at the top of the wall for protection. B. Sanderson explained the various wall replacement options. All of the suggestions are set further back from the current wall. The sheet piling would be the least intrusive and take the least amount of time to complete, about one week. To make it more attractive, vines could be planted to grow over the retaining wall. The concrete wall would take the longest to complete. Some of the suggested options could be stone faced, using the existing stones. B. Sanderson provided photos of a Segmental Retaining Wall, Core 10 Sheet Piling, Concrete Retaining Wall, Steel Bill Wall, Shot Crete with Earth Tiebacks. There will need to be slope easement and a construction easement with the property owner. Some of the options require a wider construction limit onto the Culhane property than others. Of concern for some of the option construction limits is the barn and the septic leach field. Estimated total costs for some of the options was discussed. Board members agreed to hold a special meeting on Wednesday, September 1st to discuss the various options for the repair/replacement of the Culhane Corner retaining wall. Brud Sanderson will be in attendance. The abutting neighbors will be invited to attend.

4. UNSCHEDULED MEMBERS OF THE PUBLIC
A. David Clarkson was present on behalf of the Conservation Commission, to recommend that the town examine the use of All Terrain Vehicles on Class 4 Roads and Town Legal Trails and to develop an ordinance which will prevent damage or erosion. He supplied copies of four area policies for the use of Class 4 Roads and Town Trails. The Board would like to know what activity is going on at the state level with ATV's before considering a stand alone policy or incorporating language regarding the use of ATV's into the current Traffic Ordinance. Frank Suponski expressed his concern about being restricted for the use of ATV's He owns 1000 feet of frontage on a town legal trail. Current law requires the ATV users obtain permission, in advance, from either the Town of private owners to operate on land in Newfane. The Board will have a public input session if a policy or an ordinance is to be considered on the matter. (See item 2.A.(1))

5. OLD BUSINESS - A. UPDATE - NEW NEWFANE POST OFFICE
The town has not received a response from William Montcrief, USPS Real Estate Specialist, regarding the towns interest in having the new Newfane Post Office on the Town Office property. Jim Spencer expressed his concerns about making sure that the style and design of the new post office will be in keeping with historic Newfane. The town has spoken with Mr. Montcrief about the importance of having the exterior of the post office building be in keeping with the historic village. There are other proposals that have been submitted for the new post office, one where the current post office is to include the building next door in some fashion and the previous proposal to have a new building on the Wilson property next to the Town Office.
B. NEWFANE TRAFFIC ORDINANCE UPDATE
A copy of the Newfane Traffic Ordinance with a few suggested changes was given to each Board member along with K. Bostrom. It was recommended that the Board and Kurt review the document and discuss any further changes at the meeting of September 2nd.

C. PERSONNEL POLICY
P. van Loon has done some work on the Personnel Policy using some of the guidelines from the VLCT handbook. He apologized for the slow progress.

5. D. OLD BUSINESS
A. The Planning Commission will be holding a hearing on Tuesday, August 24th at 7:00 p.m. as the first step to changing to the Development Review Board process. The next step will be for the Selectboard to hold at least one hearing. A DRB will take the place of the Zoning Board of Adjustment as well as taking care of site visits. The Planning Commission will have more time for working on the Town Plan, Zoning Bylaws and the development of sub-division regulations.
B. Junk Ordinance - The Board received a letter from David Marchi of Vic Benjamin Road (TH#64) regarding three areas with concerns about Ajunk@; one a trailer on South Wardsboro Road (TH#1), a tentative camp set up on South Wardsboro/Vic Benjamin Road (TH#64), and an abandon school bus on the Rocco property on TH#64. He would like the town to enforce the junk ordinance on these properties. The temporary camp site has been removed. Board members spoke of other potential sites that may need to be considered for Ajunk@ ordinance violations. They also spoke of the enforcement problems.
C. One of the main reasons for the contact with David Marchi is to discuss with him a solution for allowing town plow trucks to turn around on his property. He wants to improve his property and do some landscaping. No decision has been made on changing the turn-around.
D. C. Chaffee reported that most of the trees in question are within the bounds of the cemetery. Before any trees are to be considered for cutting by the town, it was suggested that the trees be reviewed by Bill Guenther, Charlie Marchant, and C. Chaffee. C. Chaffee also reported that some of the old stones that were leaning against the stone wall at the Newfane Hill Cemetery are no longer there.

6. B. APPOINTMENTS
(1) LELAND & GRAY SCHOOL BOARD (1) - No action.
6. C. GOALS & OBJECTIVES - 2004 - 2005
(1) WILLIAMSVILLE HALL
P. van Loon inquired as to the status of the landing to be put outside of the easterly door form the middle level. Nothing has been done to date.
6. C. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
The Board would like to meet with the Dover Selectboard at sometime, either to invite them here or to attend one of their meetings. They also would like to invite the new Town Treasurer to a meeting to discuss the status of the town finances, revenues, expenditures and the status of the year end audit (FY2004), perhaps at the meeting of September 16th.
6. D. OTHER NEW BUSINESS
(1) P. van Loon will look into having the two large Aorange@ covered bridge signs repainted and have the spelling corrected. One sign is in South Newfane and one sign is in Williamsville by the fire station.
(2) P. van Loon has received a complaint regarding an alleged health condition on Beech Tree Lane, a private road off of Stratton Hill Road (TH#35). The property owner has some pigs and rats are being attracted to the grain. It was suggested that the Health Officer, Dr. Shafer or the Deputy Health Officer, John Feifel, along with a Selectboard member and a Law Enforcement officer visit the site for an inspection and to follow-up on the complaint. P. van Loon will write a letter to the property owner.

7. ADMINISTRATIVE ASSISTANT's REPORT - (See attached report)
(1) Item #1 - On Saturday, August 28th there will be a bicycle ride to celebrate the Brattleboro Memorial Hospital's 100 years.
(2) Item #3 - Board members will review the survey about centralizing the overweight permit process. The survey is due September 3rd.
(3) Item #5 - It is believed that Katy's is planning to expand the restaurant within the existing building for more seating.

8. MINUTES
Minutes of 08/05/04 - Motion was made by P. Cotton and seconded by G. Katz to approve the minutes of the Regular Meeting of 08/05/04, as written. Unanimous.

9. CORRESPONDENCE
A. Notice of a request by Newfane Redevelopment Corporation to the Division of Wastewater Management for an increase in flow for existing deli. (Katy's)
B. Notice from Vermont Emergency Management asking the town if there has been any storm related damage during recent severe weather conditions on August 11th and 12th. Newfane did not received any damage.
C. A packet of information has been received from Vermont Local Roads regarding Public Works Software for Managing Municipal Infrastructure.
D. Notice of a meeting at the Marlboro Tech Center in Brattleboro on August 24th at 5:30 p.m. concerning Swim Hole Discussion Group.
E. A draft copy of the All-Hazard Mitigation Plan for the Town of Newfane has been received. The purpose of the Hazard Mitigation Plan is to assist local governments in identifying all hazards facing the region and the community and to identify strategies to begin reducing risks from identified hazards.
F. Notice of the Board of Civil Authority meeting on Monday, August 30th at 6:00 p.m. at the Newfane Town Office to hear the reports of the Inspections Teams.
G. The reports for the Windham County Sheriff's Department for 07/04/04 through 07/31/04 have been received.

10. PAY ORDERS
Motion was made by G. Katz and seconded by P. Cotton to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
08/07/04 Payroll $ 3,634.85
08/14/04 Payroll $ 3,769.35
08/20/04 Acct.'s Payable #4 $ 189,299.92 Unanimous.

IRS Electronic Federal Payroll Tax Payments
08/11/04 $ 1,390.53
08/18/04 $ 1,198.69

11. EXECUTIVE SESSION - IF NEEDED
No Executive Session was needed.

12. ADJOURNMENT
Motion was made by P. Cotton and seconded by G. Katz to adjourn the Regular Meeting of the Board at 10:12 p.m. and convene the meeting of the Local Board of Liquor Control Commissioners. Unanimous.


13. LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
The Board has received an application for a First Class Liquor License from Katy's Ltd. After some discussion, motion was made by G. Katz and seconded by C. Williams to approve the request from Katy's for a First Class Liquor License. Unanimous.
Motion was made by P. Cotton and seconded by C. Williams to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:14 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 - 08/19/04

1. Town Trail Signs
As requested by the Board, Kurt will order and install signs prohibiting ATV use in the Newfane Town Forest and on the Town Trail going through Class II wetlands off the South Wardsboro Road (TH#1).

2. Jones Hill Road (TH#52)
The agreed-upon project on the Van Ness property has been completed. The Crew did an outstanding job. However, due to misunderstandings and changes of mind by the property owners about what should or shouldn=t be done, significantly more work than originally planned would up having to be done, with an increased cost of the project to the Town. The Board should discuss how we want to handle such projects in the future to prevent this type of problem from recurring. We may want to consider a more formal type of agreement arrangement, for example.

3. Town Garage Computer
Kurt will provide the Board with his recommendation for the computer to be purchased for the Town Garage.

4. Culhane Corner Area
Kurt and I checked drainage arrangements in the Culhane Corner area near June Levinsohn's property. June had noted some clogged ditching and drain concerns. It appears that everything is clear now. The Crew has done some stonework in the ditch to help stabilize it. Appears to have made it through the recent rains fine.

5. Recycling Bins
I was approached about whether we could relocate the recycle bins to the Town Garage as is the case in Dummerston. Because of the way gravel and sand need to be stored and loaded, Kurt thinks this option would not work for us. Town trucks need to be moving around, backing up, and loading sand and gravel, making it a safety concern if we have other vehicles moving around the property for recycling purposes. Dummerston's garage is set up differently because of topography making the recycling bin arrangement there okay. What do you think?

6. Covered Bridge
Norma Shakun has suggested that we consider installing a light that comes on in the evening on the Covered Bridge to help improve visibility. Kurt thinks this makes sense. What do you think?

Gary Katz, Road Commissioner



ROAD FOREMAN's REPORT - 08/19/04

1. Jones Hill Road (TH#52) - The Van Ness's are happy with the work that has been done. One change from the plans has been made. The culvert across their driveway can=t be put in.
2. Grader - The grader has been worked on a lot this week. New slides, mold board bushings and circle shins.
3. Backhoe - The backhoe was taken to Cat because the transmission stopped going forward.
4. Tree Work - Three trees were removed from Wildwood Acres (TH#75). One large dead maple was taken down on Cemetery Hill Road (TH#16) and several more were removed on Steep Way (TH#21).
5. Bob Lyons - Mr. Lyons was met with and a water problem was talked about.
6. Computer - I talked with the state and VLCT about what we need and what they have for computers for the RSMS and MSDS programs.

Kurt P. Bostrom, Road Foreman


 

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: August 19, 2004

1. Brattleboro Hospital will be having a 100 Century Bike Ride on Saturday, August 28th along VT Route 30 with one group going to Brookline and back and another group going to Townshend and beyond. They will be starting at 8:00 a.m. from Brattleboro. It is not a race, just a ride to celebrate BMH 100 years.

2. Within your packets on information, you will find about four town Class 4 Highway and Trail policies as provided by D. Clarkson. I called Dover and was told that they do not have a policy as the public wanted to restrict some trails and but not all. They did not feel that only certain trails should be restricted.

3. There is a survey from the state asking about a centralized permit system for the issuance of permits for use of town highways and bridges by commercial motor vehicles. Please give me some feed back on the survey before sending it in. It is due by September 3rd, 2004.

4. Bud Bergmann will be in to talk with the Board at the meeting of September 2nd about the width of his proposed development road.

5. There is an application request for a First Class Liquor License for Katy's to sell mostly beer and wine on the premises.

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