Newfane, Vermont - Board of Selectmen Meeting Minutes

Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 09/14/00 Board of Selectmen's Meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

SEPTEMBER 7th, 2000 NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Lynn Bedell, and Richard Dowley.
Absent: Carter Van Iderstine.
Also Present: Gary and Carolyn Katz, Emily Long, Edward Druke, Stephan Morse, Jack Allembert, 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 7:05 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC

A. VILLAGE TRUSTEES - DRAINAGE IMPROVEMENTS
A letter has been received from the Village Trustees to express their disappointment that the Board decided not to contract for the drainage improvements. Information in the letter also indicated that the Village has received a grant from the VAOT in the amount of $180,000 to reconstruct ta portion of the sidewalk system within the village. The Village will be responsible for 10% of the cost or $18,000. It was unclear is anyone from the Village Trustees would be in attendance this evening. 3. UNSCHEDULED MEMBERS OF THE PUBLIC A. Gary and Caroline Katz were present to discuss the South Wardsboro Road (TH#1) repair schedule with the Board. M. Rohan explained that the Project Work sheets for the South Wardsboro Road (TH#1) were completed by the FEMA inspection team and sent in for approval. The approval information was just received on 09/06/00. The filter fabric and under drains were removed from the project, reducing the price to $291,295.16 from $422,812. In the materials received, Wm. Noyes noted that the under drain and excavation should be as originally proposed, bringing the total to $348,328. The town and Wm. Noyes, District #2 Technician, will be meeting with contractors on Monday, September 11th to review the project. Bids will be due for the first phase of the project on September 14th at 3:00 p.m. The road is to be rebuilt to the new Codes & Standards for Newfane. A hydrology study is being done on South Wardsboro Road (TH#1) by Southern Vermont Engineering. To do temporary repairs to the road before the project work was approved by FEMA would have been an extra cost for the taxpayers, and the materials would have been dug up an possibly discarded. The work should proceed quickly now. Emily Long expressed her concern about the upcoming winter season and what the fall back position of the town would have been. Stephan Morse also attended the meeting to inquire as to when South Wardsboro Road (TH#1) is to be worked on and repaired before the winter season.

B. E. Druke asked when Newfane Hill Road (TH#20) is to be repaired from the flood damage. There has been some grader work done. One by one the flood damage areas are being worked on. Other area project, such as Steep Way (TH#21) will be put out to bid in much the same way as the South Wardsboro Road (TH#1) with Wm. Noyes's assistance.

C. E. Druke indicated that the Civil Defense Committee (EMC) will be meeting on September 25th or 26th to finalize the Newfane Rapid Response Plan and will bring the results to the October 5th meeting of the Selectmen. 4. ROAD BUSINESS A. ROAD COMMISSIONER'S REPORT - (See attached report)
No items required action by the Board.

B. ROAD FOREMAN'S REPORT - (See attached report)
No items required any action by the Board.

C. EXCESS WEIGHT PERMITS
Motion was made by M. Rohan and seconded by R. Dowley to sign the Excess Weight Limit Permit for Eagle Lumber Co. Inc. as well as the Agreement between the Town and Eagle Lumber Co., Inc. for Bridge #47 on Hunter Brook Road (TH#32). The excess weight permit is for the maximum weight of 60,000#. Unanimous. The agreement for use of Bridge #47 has already been signed by Eagle Lumber Co. Inc.

D. ACCESS/RIGHT OF WAY PERMITS
(1) Access/Right of Way Permit - A00.03 - Penner/Riley Family to repair an existing stone wall on Penner Road (TH#31) and Access/Right of Way Permit #A00.08 - Calvin Powling for a temporary logging landing on Sunset Lake Road (TH#42). Motion was made by M. Rohan and seconded by R. Dowley to approve Access/Right of Way Permit #A00.03 for Penner/Riley Family to repair and move the stone wall back two + feet where possible on Penner Road (TH#31) and to approve the Access /Right of Way Permit #A00.08 for Calvin Powling for a temporary logging landing on Sunset Lake Road (TH#42). Unanimous.

E. OTHER ROAD BUSINESS
(1) A swale was installed to drain the water run-off away from Carol Hatcher and John Flores of 134 Newfane Hill Road (TH#20) their gardens and front lawn. The swale was filled in by the neighbors for better access to their mailbox.

(2) The question was raised about when the road paving will be done on a portion of Depot Road (TH#2) and on a section of South Wardsboro Road (TH#1) west of the flood damaged area as the center lines should be painted by the state before the winter weather arrives.

(3) Newfane has received the Memorandum of Understanding, which is the agreement between the state of Vermont and the Town of Newfane for the distribution of funds for the FEMA flood assistance. Motion was made by M. Rohan and seconded by R. Dowley to have Chairman Michael Rohan sign the Memorandum of Understanding agreement between the State of Vermont and the town of Newfane on behalf of the town. Unanimous. 5. A. APPOINTMENT - CONSERVATION COMMISSION (1) - Term until 2003 Motion was made by L. Bedell and seconded by M. Rohan to appoint Thomas D. Bedell to serve as a member of the Conservation commission until March 2003. Unanimous.

B. DISCUSSION OF FLOOD DAMAGE - (See 3. A. )

D. DRAFT LETTER TO USPS REGARDING POST OFFICE LOCATION
Motion was made by M. Rohan and seconded by J. Anderson to have Chairman M. Rohan sign the letter to be sent to the United States Post Office indicating that to best serve the community, the most desirable location for the new Newfane Post Office be located within the Newfane Village Historic District. Unanimous.

E. OTHER OLD BUSINESS
(1) J. Anderson reported on the recent Act 250 hearing held on the River Road (TH#15) access onto Radway Hill Road (TH#4) and West River Acres. At the hearing it was agreed that engineering plans for the roadway improvements, site distances and erosion control measures would be developed before the hearing reconvenes. There was also a question about the cutting of the trees on the Hersh property. N. Mercede, with engineer R. Harrington, the town and Wm. Noyes are to work together to get the engineering plans completed. R. Harrington will be contacted about the length of time needed to get the plans completed and an estimate of the associated cost. Motion was made by L. Bedell and seconded by J. Anderson the authorize Chairman M. Rohan negotiate, if necessary, the expenditure of a reasonable cost for the town's portion of the engineering work to be under two thousand dollars. Unanimous.

(2) L. Bedell brought two estimates for painting the dining and kitchen areas at the Williamsville Hall, including some wall repair. A note from Nancy Riege indicated that the first Council on Aging congregate meal is scheduled for September 28th. One estimate from Monaney Painters for $3,800 before the end of November and $2,600 after the first part of December. Hawk & Brush/Paul D. Gardner for the amount of $1,825. M. Rohan will obtain an estimate for the replacement of the outside front steps and the walkway. D. Knechtel will compile the figures for what has been spent and what is available from the capital funds for the Williamsville Hall before any decisions are made about the painting of the dining and kitchen areas. J. Gray reported that he found the furnace at the hall was on and it was 80% outside. The lower outside door has also been found unlocked and ajar. (See RF report, item #5).
(3) M. Rohan reported that he spoke with Attorney J. Krochmalney regarding the Miller v. the Town of Newfane Supreme Court matter. The abatement request was withdrawn by the Selectmen on Tuesday, 09/05. Attorney Timothy O'Connor has filed for another extension of the filing date with the court.
(4) The Board discussed the possibility of considering the position of a part-time professional Lister to interface with the town elected Listers. Research and information will be gathered from the state and other communities on the subject. There is information in the file from October 1997 received from D. Darrow with a detailed letter from Spencer Potter of Waitsfield, VT outlining the type of services available for such a position.
6. NEW BUSINESS L. Bedell indicated that the idea of having a Town Manager form of government in Newfane should be researched. It would allow for more action to be taken more often that every two weeks. The process will be looked into.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report) (1) Item #6 - Jack Allembert attended the meeting to ask if the Board has any concerns about the Act 250 amendment application submitted by Sterling McMurrin and Karen LaGotta. The Board members indicated that they do not have any concerns with the application as submitted. There will need to be an upgrade of the current access to a residential access, which is a separate matter. J. Gray has reviewed the situation with Mr. Allembert.

(2) Item #1 - Motion was made by L. Bedell and seconded by R. Dowley to grant permission to close a portion of West street (TH#1) and Church Street (TH#55) on Saturday, October 7th & Sunday, October 8th between the hours of 9:00 a.m. and 5:00 p.m. during the time of the Heritage Festival activities. Unanimous.

(3) Item #2 - It is anticipated that the sink will be installed by Jeffers sometime this next week. The location of the stove had to be moved due to the large size of the sink. The gas hook-up for the stove will have to be relocated.

(4) Wm. Noyes, District #2 Technician has suggested that the Newfane Selectmen send a letter to him requesting a lowering of the speed limit to 40 mph on Vermont Route 30 from Ike Robinson north to the 35 mph speed limit section. Keith Keller, a resident on Route 30 also came in to express his concern about the speeding and the difficulty he has leaving or gaining access to his property. The areas of the gravel pit, Rick's Tavern, Newfane Greenhouse and Dutton's have a lot of traffic activity, entering and leaving the business establishments. Motion was made by M. Rohan and seconded by R. Dowley to write and send a letter to Wm. Noyes requesting the speed limit be reduced to 40 mph from the area by Brown's Road (TH#45) north to the 35 mph sign entering the village area. Unanimous.

(5) There needs to be Road Name Hearing scheduled for the naming of a private road off of Blueberry Circle and the renaming of a section of Pound Road to Upper Pound Road and the naming of Silver Mine Trail. The hearing will be warned for October 5th and the property owners will be notified.
8. MINUTES The minutes of the Regular Meeting and Special Meeting of the Board of Health of 07/20/00, 08/03/00, 08/17/00 and the Special minutes of 08/02/00 were reviewed by the Board. After much discussion, motion was made by M. Rohan and seconded by R. Dowley to add to the minutes of 08/17/00 on page #3 item 2. B. Lister - Miller v. Town of Newfane the following sentence "T. Schreyer expressed frustration at people with huge financial resources, often from out of the area, that opt to use legal actions to get their way." and to approve the minutes of 07/20/00, 08/02/00 and 08/03/00, as written and the minutes of 08/17/00, as corrected. Unanimous.
9. PAY ORDERS A. Motion was made by J. Anderson and seconded by R. Dowley to approve the Newfane Payroll and Accounts Payable Warrants, as signed, for the following amounts:
08/19/00 Payroll $ 2,736.09
08/26/00 Payroll $ 2,734.67
09/02/00 Payroll $ 2,758.55
09/07/00 Payroll $ 604.73
09/08/00 Acct's Payable #5 $ 339,086.33 Unanimous

B. IRS Electronic Federal Payroll Tax Payments
08/23/00 $ 1,087.67
08/29/00 $ 939.15
09/06/00 $ 945.81
10. CORRESPONDENCE A. A letter has been received from George Paquette regarding Station Road (TH#66) and the legal trail connecting it to Duke Road (TH#66). A copy of his neighbors deed was enclosed. Other deeds of property within the area will be compared with his research and allegations.

B. A letter has been received from James McCarthy, of VAOT, regarding problems that need to be repaired to the wingwall on Bridge #43 on Wiswall Hill Road (TH#11). The form needs to be signed by the Board to indicate that they are aware of the problems with the bridge abutment.

C. A report of the Interagency Hazard Mitigation meeting on 08/18/00 in Wilmington has been received. D. Knechtel attended.

D. A copy of correspondence from Attorney Timothy O'Connor to April Hensel, District 2 Environmental Commission, with a copy of the Agreement between West River Acres, Winchester Stables and Nicholas Mercede as been received.

E. A copy of a letter to Barrows & Fisher Oil Company from the Agency of natural Resources indicating that the old town garage "property has been evaluated with respect to petroleum contamination from two diesel USTs and doe not pose an unacceptable threat to human health and the environment."

F. John Filipponi has received a subdivision permit from the State of Vermont for his property located on White Birch Trail (Silver Mine Trail).

G. Information has been received regarding the upcoming VLCT Town Fair to be held on Thursday, September 28th. D. Knechtel will be attending.
11. EXECUTIVE SESSION - An Executive Session was not required.

12. ADJOURNMENT Motion was made by J. Anderson and seconded by R. Dowley to adjourn the Regular Meeting of the Newfane Board of Selectmen at 10:00 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 COMMISSIONER'S REPORT
SEPTEMBER 7th, 2000

1. I had a call from Ed Druke, Sr about several different things on Newfane Hill Road (TH#20) that were bothering him. I told him that Jim and I would see him on Tuesday. Jim and I met Ed on Tuesday and went over the things that concerned him.

2. I had a call from the Brattleboro Reformer about a bad hole by Hersh's home by the Brookline Bridge (BR#19). I spoke to Jim about it and he took care of it right away.

3. I have had a lot of calls about the South Wardsboro Road (TH#1) and when it will be fixed back to two-way traffic.

4. Had a call from the Eagle Lumber Co. They are very anxious to bet an overweight permit signed by the Board of Selectmen.

Dick Dowley, Road Commissioner

ROAD FOREMAN'S REPORT 09/07/00
TOWN OF NEWFANE HIGHWAY

1. The following roads were worked on since the last B.O.S. meeting: Wheeler Hill Road (TH#26), Beetlestone Hill Road (TH#47), Beetlestone Drive (TH#25), Adams Hill Road (TH#27), Toby Hill Road (TH#29), Wildwood Acres Road (TH#75), White Pine Lane (TH#82), Lost Mile Road (TH#43), and Deer Hill Road (TH#37).

2. Flood repairs were done on the following roads: Sawmill Road, River Road, Radway Hill Road, French Cabin Road, Upper Spring Hill Road, Newfane Hill Road,, Vic Benjamin Road, Eager Road, Bensch Road, and Upper Eager Road. Also Wiswall Hill Road was worked on. Repairs remain to be done on the above roads and other damaged by the heavy rains of July 17, 2000. The deep hole on Sawmill Road (TH#77) was filled by Fitzpatrick.

3. Chloride was delivered on August 30, 2000.

4. Equipment: A. The F-550 lift hoist for the body is being repaired at the garage. B. The 926E Cat Loader exhaust manifold studs were replaced and bucket control worked on by Southworth Milton mechanic. C. The Mack dump body is being sanded and painted. D. The L-9000 sander was painted.

5. The heat at the Williamsville Hall was found on, on August 31, 2000. Pipes were hot and stove pipe hot. Temperature outside 80%F.

Respectfully submitted,
James O. Gray

_ To: Newfane Board of Selectmen
Memorandum From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: September 7, 2000

1. Carleen Pelsue requests permission to close a portion of West Street (TH#1) and Church Street (TH#55) on Saturday, October 7th & Sunday, October 8th between the hours of 9:00 a.m. to 5:00 p.m. during the time of the Heritage Festival activities.

2. The used three-bay sink was purchased by Jon Julian for $350 from Stan's in Westmoreland, N.H. It does need a swing faucet. Jeffers has been notified that the sink is there. I have not heard back from Jeffers as to when the sink will be put in.

3. I called the Windham County Sheriff's Department and spoke with Deputy Claude Wyant about increasing "road rage" on South Wardsboro Road (TH#1). Several people have called or come in to complain about the condition of the road.

4. South Wardsboro Road (TH#1) - William Noyes, R. Dowley, J. Gray and Peter Boemig of Southern Vermont Engineering met and reviewed South Wardsboro Road (TH#1) on 09/06/00. SVE will do the hydraulic study for 3,600 linear feet to (a.) determine the size and location of cross drainage; (b.) determine if there is a need for an underdrain; and (c.) what will be the downstream effect of the run-off. For engineering work SVE will: (a.) tie off the center line; (b.) establish existing finish grade; (c.) reproduce center line final grade as necessary; and (d.) Inspect work periodically. Wm. Noyes is setting up a meeting with contractors for Monday, September 11th at 1:00 p.m. at the site and is requesting that bids be received by the town on Thursday, September 14th at 3:00 p.m. for the reconstruction of the road.

5. I contacted Chris Madden of the United States Postal Service to inquire if it was too late for the town to submit an application to have the new Newfane Post Office on the town property. Applications were due the end of May and then were extended until the final date of June 30th. One matter that did come up in our discussion was that if the building were owned by the town, it would not be taxed. If the building is privately owned and leased to the USPS, the town will received tax income.

6. Jack Allembert has asked if the Selectmen have any comments regarding the Act 250 application submitted by Sterling McMurrin and Karen LaGotta for the subdivision of the McMurrin property on Grimes Hill Road (TH#5) and the conversion of the barn to a barn/house and the replacement of the barn with new horse breeding barns.

7. Don't forget, Primary Election on September 12th from 9:00 a.m. to 7:00 p.m. The Town Office will be closed for regular business on that day. If you are available to count votes, please contact Janice.

Town Offices:
Route 30, P.O. Box 36, Newfane VT 05345, Tel. (802) 365-7772

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