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.
|