MINUTES - SPECIAL MEETING OF THE BOARD OF SELECTMEN SEPTEMBER 6th, 2001
NEWFANE TOWN OFFICE

PRESENT:

Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, Lynn Bedell and Richard Marek.

Also Present: Joan Weir, Gunther Garbe, and Charles "Bud" Bergmann of Newfane Planning Commission, William A. Noyes, VTrans District #2 Technician, State Trooper Todd Ambroz, James Gray as Road Commissioner, and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER

The regular meeting was called to order by Chairman Mike Rohan at 7:04 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC

A. PLANNING COMMISSION - SOUTH NEWFANE/WILLIAMSVILLE

POST OFFICE

Joan Weir, Chairman of the Planning Commission, asked to come to the Board meeting to get back to the town regarding the proposal presented by the PC for landscaping in front of the South Newfane/Williamsville Post Office with parking on the westerly side of the building. The USPS indicated that the PC proposal is not possible as it does not take into account the space required for the delivery HCR truck. The PC does not believe that there should be any parking in the front of the building. PC wants the existing front paved area to have plantings and grass which would narrow the road, slowing down the traffic and that there be a more defined access into the side parking area. If the USPS were required to have a zoning permit, no on-street parking would have been allowed. J. Weir indicated that the Planning Commission serves to advise the Board of Selectmen.

C. Bergmann feels that the USPS has not come to work with the town during this process. He is opposed to the full glass entry door, the glare of the outside exterior light, and the handicap ramp, all of which do not consider the historic significance of the building. He indicated that Robert Stevens of Stevens and Associates (engineering firm) looked at the PC plan and Mr. Stevens agreed with the proposal.

M. Rohan indicated that the USPS provides a fundamental vital service to the community. The Board has immediate safety concerns about not allowing postal patrons to park diagonally in front of the post office, causing them to back out into traffic. The Board agrees with the post office proposal to allow three parallel parking spaces (on of which is to be handicap parking) in front of the facility with four spaces on the westerly side. This would allow enough room for the mail delivery truck to enter and back up to the loading dock. During the winter months the employees of the post office and the insurance company will be parking in the side lot rather than behind the building. At the meeting with Richard Thibodeau of the USPS on July 10th, the door, the light and the backing out into the road were discussed. According to R. Thibodeau, the door was installed for safety and security reasons. The lobby hours to pick up mail is from 6:30 a.m. to 8:00 p.m. six days a week. The front light is to be reduced in wattage and concern of backing out into traffic has been addressed by having parallel parking in front. He also indicated that the USPS has limited funds for projects.

The Board thanked the Planning Commission for their input. The Board will discuss the matter later during the meeting to decide what action they will take.

2. WILLIAM A. NOYES - VTRANS DISTRICT #2 - BR#s 43 & 32

William A. Noyes, District #2 Technician, met with Don Gurney at Bridge #43 on Wiswall Hill Road (TH#11) to view the undermining of the bridge that needs to be repaired. There are two options. One to line the void with stone fill and rip rap or two, pour a subfooting 1"wide an do a second pour at the end support of the bridge. The Board opted for the second option.

Mr. Noyes also came to discuss Bridge #32 on Bruce Brook Road (TH#21) with the Board. This bridge is listed as part of the FEMA flood damage projects of July 2000. The estimate for repairs according to FEMA is $4,669 of which the town has received 75% of $3,501.75. The bridge was also viewed by USDA for an estimate to repair of $9,000. The USDA proposal did not go forward because FEMA was covering the project. Mr. Noyes has recommended that the bridge be a project for the Bridge and Culvert program and should be replaced. The bridge is narrow and there are no guard rails. The footings are foot and a half above the current water level. The cost to replace is estimated to be $50,000 to $60,000 with the town being responsible for 20% of the cost. After some discussion, the Board agreed that the bridge should be replaced rather than repaired.

Mr. Noyes also suggested that the town request a small project audit for the FEMA projects. Motion was made by J. Anderson and seconded by L. Bedell to write a letter from the town requesting an audit for the small FEMA projects. Unanimous.

Bridge #14 on Dover Road (TH#2) by the South Newfane General Store was also a topic for discussion. At a previous meeting there was discussion about having the walk area be on the upstream side of the bridge. J. Gray indicated that there should be two 10' travel portions with 3' walkway sections on each side so that pedestrians can walk facing traffic in both directions and bicyclists can ride in both directions with traffic.

The Steep Way (TH#21) FEMA project is completed according to contractor Fitzpatrick. Wm. Noyes will inspect the project during the week of 09/10 before payment is made to Fitzpatrick. 2. VT STATE POLICE - SPEEDING ON ROUTE 30

Trooper Todd Ambroz, of the Brattleboro State Police barracks, was present to discuss with the Board speeding on VT Route 30. Richard Marek spoke of the traffic study that was done for Route 30 and the need to have more speed enforcement during the morning and evening hours and on Fridays and Sundays. There will be a public relations announcement soon about the continuing speed enforcement program. The Board also spoke with the Windham County Sheriff's Department at a previous meeting regarding speed enforcement within Newfane. WCSD indicated that they do not patrol VT Route 30. They do however use Route 30 for their seatbelt checks and Smart Cart. Trooper Ambroz indicated that law enforcement personnel are trained to take care of any infraction of the law at any time and any where whether under contract with the town or not. He and another trooper, that live in Newfane, do speed enforcement on VT Route 30 on their way to and from work. The VT State Police Brattleboro barracks covers all of Windham County and go as far as Stamford. If the town wants to contract with the VSP for a certain time period, Lt. Pettingel should be contacted to discuss the options. Trooper Ambroz also suggested that the town of Hartland has had a very successful speed enforcement program within their community. He also offer to have any Board members interested to ride with him some time. The Board thanked him for his attendance at the meeting.

4. ROAD BUSINESS

A. ROAD COMMISSIONER'S REPORT (See attached report)

4. D. ACCESS/RIGHT OF WAY PERMITS

(1) (See also RC report, Item #1) The sketch provided does not give dimensions for the distance that the split rail fence is to be installed from the road. Timson Hill Road (TH#41) is a narrow one lane road with deep ditches. It is suggested that at least 8' from the edge of the road would be an acceptable distance for the split rail fence to be installed.

(2) The Fitzpatrick bill needs to have information regarding the amount of gravel used for the FEMA flood projects. Wm. Noyes will be reviewing the Steep Way (TH#21) FEMA project before payment is made. Fitzpatrick has six other small FEMA projects that he will be working on during September.

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

(1) Items #5 - J. Gray indicated that he is not opposed to having a new bridge next year to replace Bridge #32 on Bruce Brook Road (TH#21). In reviewing the VTrans bridge reports, he indicated that the concrete abutments are deteriorating more every year and suggested that the concrete be washed and have linseed oil applied to lengthen the life of the concrete.

4. C. EXCESS WEIGHT PERMITS

No Excess Weight Permits were presented to the Board for action.

6. C. OTHER NEW BUSINESS

(1) National Historic Register - Brookside/South Newfane/Williamsville - A meeting was held at the Williamsville Hall on August 30th to discuss the possibility of applying for a grant to have Brookside, South Newfane and Williamsville be included in the National Register of Historic Places. It was suggested that the Planning Commission apply for the grant. The parties involved will be asked if they are in favor of being included in the National Register of Historic Places or not. Ann Landenberger will be contacted about coming to a Board meeting on September 20th or October 4th.

Board members discussed further the parking at the South Newfane/Williamsville Post Office. The latest proposal, more details for scheme #3, is acceptable to the Board. It addresses the safety concerns of the Board to not allow postal patrons to back out into the traffic, which is against the law and is dangerous. The plan allows for seven parking spots, one of which is handicap. R. Marek suggested that maybe the entrance to the side parking should be narrower. M. Rohan also remarked about signs to not allow for U-turns. It was suggested that Paula Sagerman work with the Postal Service regarding the historic preservation issues. Motion was made by L. Bedell and seconded by R. Marek to have a letter written from the Board to Richard Thibodeau, of the USPS, to indicate that the Board would like the USPS to implement the proposed Scheme #3 plan and to ask that the Board be kept informed of any long term plans for the South Newfane/Williamsville Post Office building. Unanimous. The Board is cognizant of the current financial constraints of the USPS.

5. B. OTHER OLD BUSINESS

(1) F. Bacon spoke of the hole in the center of the steps at the Williamsville Hall. It was decided that the road crew could put in a temporary patch until such time as the steps are replaced. (2) The Legal Notice for the amendment to the Traffic Ordinance regarding the fines for speeding has been prepared for the Board members to sign. Motion was made by M. Rohan and seconded by F. Bacon to approve the amendment to the Newfane Traffic Ordinance relating to the fines for speeding. Unanimous.

6. A. (1) A letter has been received from Ted Schreyer & Gary Katz to indicate that former Lister Roger Sparks is interested in the vacant Lister position. Carleton "Red" Chaffee also spoke to the Admin. Assist. and he may also be interested in the position. Other names came up of potential candidates who may be interested. The Board will advertise for the position for additional candidates.

(3) William A. Krajeski, Vice President of Customer Relations for Patriot Properties, would like to meet with Board and the Listers to go over the draft reappraisal contract that had been faxed earlier this week. The Board agreed to meet on Friday, September 14 starting sometime between 3:00 p.m. to 4:00 p.m. Mr. Krajeski will be contacted. R. Marek offered a few suggested changes to the contract. The changes will be forwarded to Mr. Krajeski at Patriot Properties. A copy of the draft reappraisal contract will be dent to Charles Merriman, Esquire of Property Valuation and Review to determine compliance with state reappraisal requirements.

(2) R. Marek prepared a draft ordinance for the sale of Personal Property (tag sales) modeled after the Brattleboro Ordinance. Before the Board considers adoption of the proposed ordinance there are a few things that should be considered. One is, should this be considered as part of the Zoning Bylaw amendment. Two, there are questions that Zoning Administrator, Piet van Loon, brought up that should be reviewed and answered, and three, being a new type of ordinance, the public should have some input before the ordinance is adopted. The concern for this ordinance came about because of a business with the Village area having a "tag sale" win front of the business which caused traffic parking problems and violated the existing Zoning Permit. A violation letter was written from the ZA to the party involved. One of the questions raised was "Is the problem town-wide or just a Village of Newfane problem? Should Trustees enact if Village only?" When is it a business and when is it a "tag sale"? The proposed ordinance limits the number of "tag sales" to 3 - 4 per calendar year, with a registration fee of $5.00 per event. It was suggested that there be a hearing at the Board's October 4th meeting and/or a discussion at Town Meeting, as the need for the ordinance will not be as relevant with the approaching winter season. R. Marek will contact Joan Weir to discuss the possible inclusion of the concerns within the Zoning Bylaw.

5. A. TRAFFIC CALMING/SPEED ENFORCEMENT

M. Rohan will prepare a an article for the paper regarding the speed enforcement program for Newfane. He will also contact Erin George of the Reformer and Sargent Wilson of the Windham County Sheriff's Department. Any change in speed limit signs and the rest of the traffic calming issues will be discussed at a meeting in October.

(3) VT Route 30 - The Selectmen have been asked by Susan McMahon of WRC to comment on the proposed Traffic Calming measures for VT Route 30 through Newfane. J. Anderson indicated that the traffic islands at each entrance of the Village should be designed as such that there be a mountable curb at either end for easier maintenance. Board members also liked the idea of low plantings within the "island" areas. L. Bedell likes the idea of the "stamped" pavement to look like bricks. It is used in Manchester, VT. The Board agrees with the overall with the conceptual plans for the Traffic Calming through Newfane V Route 30. A comment letter will be sent to WRC.

6. B. HAZARD MITIGATION PROGRAM - WILLIAMS PROPERTY

Board members are not ready to sign the Memorandum of Understanding until the question of the who is responsible for the 25% is answered. The 75% is to be paid by the FEMA program.

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

A. Item #1 - Motion was made by L. Bedell and seconded by J. Anderson to grant the request to close a portion of West Street (TH#1) from 9:00 a.m. to 7:00 p.m. during the Heritage Festival on October 6th and 7th. Unanimous.

B. Item #3 - Because the Williamsville Hall is not insulated, the Board did not feel that there could be a reduced rate for the rental of the hall for a weekly two-hour use. In order to get even a section of the building up to temperature, the heat would have to be on for several hours in advance.

All other items were discussed previously during the meeting.

8. MINUTES

The minutes of Board meetings of 08/02/01 and 08/16/01 were reviewed by the Board. CORRECTIONS - Minutes of 08/16/01, page #1, Item #2, first P, last sentence - "Having the state involved helps to know what can and cannot be done..."; third P, last sentence - "Questions were raised as to how best to handle the wide (assess) access into the Newfane Market"; Page #3 item 6.C. (1) "J. Gray informed Piet van Loon that he heard a rumor that there is 2,000 (years) yards of gravel..." Motion was made by L. Bedell and seconded by F. Bacon to approve the minutes of 08/02/01 as written and the minutes of 08/16/01 as corrected. Unanimous.

9. PAY ORDERS

Motion was made by R. Marek and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:

08/18/01 Payroll $ 2,824.00

08/25/01 Payroll $ 2,758.19

09/01/01 Payroll $ 2,736.58

09/02/01 Payroll $ 2,599.44

09/07/01 Acct's Payable #5 $ 377,608.35 Unanimous.

IRS Electronic Federal Payroll Tax Payments

08/22/01 $ 1,194.36

08/29/01 $ 972.58

09/05/01 $ 948.51

10. CORRESPONDENCE

(1) A letter has received a response from Roger Whitcomb regarding Bridge #14 by the South Newfane General Store.

(2) A quotation has been received from L & D Safety Marking for the painting of white reflective lines on the side of a paved highway. The cost for 21,000 lf (two miles - both sides) of lines is $1,680.00.

(3) A memorandum has been received from Dept. of Housing & Community Affairs regarding State Matching Funds for Federally Declared Disasters. There is a check list that needs to be completed by October 31st in order to qualify for a 15% state match.

(4) A formal letter of resignation as a Lister has been received from Frank Suponski.

(5) Ted Schreyer prepared a list for Patriot Properties of procedures and applications that the town Listers use or provide to others during the year.

(6) Zoning Board of Adjustment Public Notice for hearings to be held at 7:30 p.m. on Thursday, September 13, 2001. The hearings are for variance requests for Andrew Yoder, Adele Graham and Marie Malmstedt.

(7) An Order to Reappraise has been received from William E. Johnson, Director of Property Valuation and Review Division. A response is required to the state within 30 days to indicate how the town intends to comply with the order.

(8) A copy of Charles "Bud" Bergmann's comments to Susan McMahon on the Draft Vermont Route 30 Traffic Calming Program.

(9) Copies of a series of letters regarding the Roger Sparks "second trailer" situation. Letter from the ZA to JoAnn Sagendof and roger Sparks; letter to Dan and Ellen Darrow from Raymond P. Perra, Esquire; and letter to Roger Sparks from Dolores L. Kuhn from ANR Wastewater Management Division.

(10) Copy of letter from ZA to Thomas Redden regarding bottle drive enclosure at the Elementary School.

(11) Financial information July 2001 Expenses, Revenues and Capital and Reappraisal Funds and Expense Report for August 2001.

(12) Copy of response to Vermont Environmental Board from Timothy J. O'Connor, Jr. Regarding Jurisdictional Opinion of NJM Realty, Ltd. Partnership, et als.

11. EXECUTIVE SESSION

No matters came before the Board that required an Executive Session.

12. ADJOURNMENT

Motion was made by R. Marek and seconded by J. Anderson to adjourn the Regular Meeting of the Board at 11:05 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

Posted: Town Clerk's Office, Newfane Store, Lessing's Family General Store and South Newfane General Store & Deli. www.newfanevt.com, Newfane Store, Lessing's Family General Store, Williamsville Hall and South Newfane General Store & Deli.

1. PERMITS

* Reviewed the location for Sinon's split rail fence. The sketch attached to the application does not give dimensions. On one side the fence is to go "where the hemlocks are now". This varies from about 2 feet from the road to about 4 feet from the road. Up until now the hemlocks have been able to withstand the snow that is pushed back into them. A split rail fence probably could not. According to the sketch the fence will continue up beyond the existing hemlock past two or three pine trees whose trunks are about 8 feet back from the road. The fence will need to go behind, in front or through the pines. The sensible setback, for snow removal purposes would be about 8 feet which is right at the pines. On the other side of the road there appears to be room for the fence at distance of 8 feet over the whole requested length.

* Recommend: A.) Request clarification as to setback distances and the intentions relative to going in front, behind or through where the pines are. Or B.) Conditionally approve the permit at a setback distance of 8 feet.

2. FLOOD WORK

* A. Steep Way work is nearing completion. The ditching is much improved and the concrete culvert headers are in place to handle any heavy rains from now forward. Minor ditching rework (deepening) has been requested of Fitzpatrick. Fitzpatrick was in the process of completing the culvert outflow work on the uppermost large culvert to the adjacent landowner's satisfaction. An additional 10' extension will no longer be needed. In order to receive final payment for this phase we need to review Fitzpatrick's bills, especially regards amount of gravel applied. Also Bill Noyes should be in agreement. Also the work will probably be inspected by FEMA and Bill's opinion as to whether or not FEMA will inspect/approve is important. Fitzpatrick's grader blew a head gasket.

* B. The road crew has completed on of the smaller projects (big culvert in Rolling Meadows). A few others remain that the town will be doing themselves.

* C. Jim is continuing to get price information and talk to guardrail vendors about South Wardsboro Road guardrail (400 ft.)

* D. Fitzpatrick should officially be given the go-ahead to proceed with the next phase of flood work because he has met target date for completion of Steep Way. I believe he is anticipating and planning for this.

* E. The Steep Way bridge abutments were significantly undermined during the flood. This is of the FEMA projects that is not under contract. Bob Bazin provided an estimate is still good and if so he should be hired to do repair work. Bridge abutments of other bridges (South Wardsboro Road ) have been similarly repaired by excavating and pouring deeper footings beside and under the old footings.

3. WISWALL HILL WING WALL

* The void under the wing wall was inspected. It has partially silted in but there is still a void that projects 30 to 36 inches under the wing wall. Any repair may need to be done in stages so that the wall is supported while anyone section is being excavated and shored up (new concrete poured under it). Jim is under the impression that Gurney has agreed to "do whatever is necessary" to fix the void, even though claiming to have performed the work to specifications. The existence of a 30" void entirely underneath the wing wall at water level tells me that the wall was never built 3' below grade as required. Gurney apparently has not responded to our letter. We need to follow up our letter and get this wing wall fixed.

4. VIC BENJAMIN BRIDGE

* Bazin expects to take delivery of the culvert components by September 15. He expects that he will have enough time to do the work before October 15 (?) when all construction work in rivers must stop for the year.

5. RADWAY HILL/RIVER ROAD INTERSECTION

* Attempts to get everyone together in early September have been unsuccessful. A meeting to review Beck's plans is needed. A long-term plan for this location is needed.

6. GUARDRAIL

* Jim is working with guardrail vendors for the normal town guardrail projects in conjunction with South Wardsboro Road flood work. This is traditionally a fall activity.

7. MISCELLANEOUS

* Roadside mowing is progressing. Jim continues to remind Bill Noyes about state funded yellow line painting for our new blacktop on Dover Road and elsewhere that it is needed. The road crew has helped respond to two recent complaints that I received (and doubtless several others) to the landowner's satisfaction and I am very thankful for that! Drainage on Cross Street was reviewed and this is one complaint that I do not see that we can do anything about. The drainage is functioning normally.

Road Commissioner

Jesse Anderson

TOWN OF NEWFANE HIGHWAY

1. The following roads were worked on since the last BOS meeting: River Road (TH#15), South Wardsboro Road (TH#1), Toby Hill Road (TH#29) Steep Way (TH#21), Eddy Road (TH#71), Jones Hill Road (TH#52) and New Road (TH#30).

2. A culvert was installed on Loop Road (TH#76) FEMA flood work project.

3. Jory Smith complaint as taken care of on Wiswall Hill Road (TH#11) per complaint to Jesse Anderson.

4. Drainage on Timson Hill Road (TH#41) was directed into waterway by Williamsville School.

5. Bridge #32, Steep Way (TH#21) and Bridge #43, Wiswall Hill Road (TH#11) should be repaired before October 15, 2001, the deadline for working in streams. If bridge #32 footings erode much more, the bridge may fall into waterway. This is flood work. The metal arch for Vic Benjamin Bridge #51 will be completed by September 17, 2001. Work to commence then by Bazin Brothers.

6. Equipment is all functional at this time.

7. Utility poles are being erected in Williamsville.

Respectfully submitted,

James O. Gray

Road Foreman

1. Carlene Pelsue would like permission from the Selectmen to close West Street from 9:00 a.m. to 7:00 p.m. during the Heritage Festival on October 6th and 7th.

2. The meeting for the intersection of River Road (TH#15)/Radway Hill Road (TH#4) will have to be scheduled for sometime in October, after Attorney O'Connor returns from vacation. The Hersh's did met with Bill Noyes here one afternoon to review the sketch.

3. Kim Friedman called about using the Williamsville Hall for weekly yoga classes for 8 - 20 people on Wednesday nights from 6:00 p.m. to 8:00 p.m. I told her that the cost is $25.00 until September 30 and then $50.00 from October 1 st until April 30th. She asked if there could be a special rate for long term use of this type for only two hours per night.

4. There is a draft contract for the reappraisal from Patriot Properties. Bill Krajeski would like to meet with the Board on September 13th or 14th to go over any questions to finalize the contract for signature of the Board and Patriot Properties on the September 20th meeting. By the way, the new computer hardware for the Listers is included in the $68,000 price.

5. There is a letter from Ted Schreyer indicating that Roger Sparks is interested in being appointed as a Lister. I also spoke with Carlton "Red" Chaffee and he may also be interested in serving as a Lister.

6. The Board needs to compile comments on the Route 30 Traffic Calming project for this evening to either be given to Sue McMahon or sent in writing to WRC.

7. Don't forget the dedication of the South Newfane/Williamsville Post Office and Official Installation of the Postmaster on Wednesday, September 19 at 12:00 noon. (RSVP)

8. I have prepared a Legal Notice for the amendment to the Traffic Ordinance regarding the speeding fines. Are there other changes that need to be made at this time? Speed zones changed?

Please send all comments, suggestions and questions to info@newfanevt.com