MINUTES -REGULAR MEETING - BOARD OF SELECTMEN
SEPTEMBER 20th, 2001
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, Lynn Bedell and Richard Marek.
Also Present: Adele Graham, Bea MacFarland, Gunther Garbe and Charles "Bud" Bergmann of Newfane Planning Commission, George Weir of Windham Regional Commission, Walter Phelps, David Clarkson, Susan Keese, H. W. Piet van Loon as Zoning Administrator, and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Mike Rohan at 7:00 p.m. He indicated that the meeting schedule would be moved along in order to hear President Bush speak at 9:00 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC

A. ADELE GRAHAM - CROSS STREET (TH#14)

Adele Graham, who owns property at the south west corner of Cross Street (TH#14) and VT Route 30, has been having remodeling work done on her dwelling. Due to drainage problems the sills have been replaced. She has had a drainage pipe installed 8' deep adjacent to her dwelling with 7' to 8' width of crushed stone. A photo of the house 75 years ago shows that the dirt road was somewhat lower than the house. Now the sidewalk is level with the blacktop. She will be doing some landscaping within the town highway right of way and will need an Access/Right of Way Permit application to be completed and reviewed by the Road Commissioner and the Road Foreman. A. Graham was given a permit application.

B. RESIDENTS OF CROSS STREET (TH#14)

Bea MacFarland and A. Graham were present to discuss the drainage problems on Cross Street (TH#14). B. MacFarland indicated that the request to fix the drainage has been discussed for a number of years. She also indicated that Earl Stebbins has suggested that drainage be toward the north side of Cross Street (TH#14) and directed underground toward a catch basin on West Street (TH#1). For that scenario, an engineer would have to be involved to determine the feasibility and to determine if the current system will accept the additional flow. The cost would have to be budgeted for if that is the agreed upon solution. There was also discussion regarding the removal of a portion or all of the sidewalk on Cross Street (TH#14). Some of the granite curbing may be installed to deflect drainage. The removal of the sidewalk would involve the town due to the work within the town highway right of way. The RC and the RF will review the drainage situation.

3. UNSCHEDULED MEMBERS OF THE PUBLIC

(1) Susan Keese - Successful Aging Initiative Grant - Susan Keese prepared a letter for the Board to review explaining her proposal for a grant through the Council on Aging. The project proposal is to create a record of the history and culture of the town through the involvement of the senior citizens after their successful Senior Meals program. Students will also be involved in assisting with recording the information. Some of the "stories" will also be included in the Town Report with old Porter Thayer photos. Motion was made by R. Marek and seconded by L. Bedell to have a letter of support be drafted for signature of the Chairman, Michael Rohan. Unanimous.

(2) George Weir was present to represent WRC with regards to the South Newfane/Williamsville parking and historic building aspects that have been discussed over the past several months between the Planning Commission, Board of Selectmen and Richard Thibodeau of the USPS. He spoke of a 2001 Partnership Act, introduced by U.S. Senator Jeffords which requires that the Postal Service comply with all aspects of local planning. To date, the act has not been passed into law. He feels that the Board should take the advice of the Planning Commission and not allow a different standard for the Post Office.

M. Rohan indicated that he spoke with R. Thibodeau of the USPS and will be receiving long term plans for the South Newfane/Williamsville Post office building and more detailed plans of the parallel parking in the front of the building. The side parking lot enlarged and gravel has been added. Members of the Board and the Planning Commission met with Mr. Thibodeau on July 10th to discuss the immediate concern for the postal patrons backing out into traffic, thus the plan for parallel parking in the front. Also discussed at that meeting was the bright outside light, and the full glass door. The light is to be changed. It was explained at that time that the full glass door is for security purposes. The lobby at the post office is open from 6:00 a.m. to 8:00 p.m. Anyone entering at night will be able to see if someone is inside. The outside light is to be addressed and as well as the parallel parking in the front. The current parking in the front has been pre-existing for some 30 - 40 years.

The Planning Commission parking plan calls for no parking in the front, but with nine proposed spaces in the side lot. According to the USPS the PC would not provide enough room for the mail delivery truck which delivers three times a day, early morning, mid-day (2:00 p.m.) and late in the day (5:30 p.m.). Also the insurance employees and the postal employees need to use the side parking area during the winter months. The Planning Commission through the zoning bylaw site plan approval would require "adequacy of circulation, parking and loading facilities with particular attention to safety." The required number of parking spaces for the site was not discussed. A letter was received from the USPS in response to a query of the Board and the PC that indicates that "Postal Service facilities, either leased or owned, are not subject to local zoning and land use regulations."

C. Bergmann brought up the matter of Historic Preservation and Section 106 which the USPS has not complied with. He indicated that an application was completed but was not followed. The outside light, the handicap ramp, the porch railing, and the full glass door are all items that he that he mentioned as not being compliant with Historic Preservation and Section 106. Site Plan review is also required for Section 106 according to C. Bergmann. It was unclear whether the State or the Federal Government is responsible for seeing that Section 106 is enforced. Letters have been written to Emily Wadhams of VT Historic Preservation to keep her apprised of the situation.

It was suggested that the Board of Selectmen, Planning Commission and Zoning Board of Adjustment meet to discuss a proposal for an alternative permanent plan for the South Newfane/Williamsville Post Office parking and other concerns.

Although others expressed that the Postal Service has not been cooperative with the town in dealing with the combined South Newfane/Williamsville Post Office, the Selectmen feel that the USPS have been cooperative in addressing the immediate traffic safety concerns by planning for parallel parking in the front, instead of allowing patrons to back out into traffic. This may only be an interim solution, but one that can be done within a short period of time and also be within the financial constraints of the Postal Service.

4. ROAD BUSINESS

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

(1) Items #3 - Motion was made by J. Anderson and seconded by F. Bacon to replace Bridge #32 on Bruce Brook Road (TH#21) through the state bridge/culvert program rather than repair the bridge through the FEMA flood process. Unanimous.

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

None of the items included within the Road Foreman's report required any action by the Board.

4. C. EXCESS WEIGHT PERMITS

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

4. D. ACCESS/RIGHT OF WAY PERMITS

No Access/Right of Way Permits were presented to the Board for action.

4. E. OTHER ROAD BUSINESS

Draft requests for bid submissions have been prepared for Winter Sand, Band Rail and Band Rail for Flood Work. L. Bedell questioned whether other band rail applications have been looked into that could be used in the village areas rather than the standard band rail. The only village area to be considered is by the Arch Bridge (BR#12). J. Anderson indicated the need to talk with the property owner regarding the 16' proposed section of band rail on the south west corner of the Arch Bridge (BR#12). That discussion will take place before the decision is made on the acceptance of the band rail bids. Motion was made by J. Anderson and seconded by R. Marek to send out the Band Rail bids for both the flood work on South Wardsboro Road (TH#1) and for Adams Hill Road and Auger Hole Road (TH#3) to be due on October 4, 2001 at 7:00 p.m. Unanimous.

Motion was made by J. Anderson and seconded by F. Bacon to send out the bids for 2,500 cubic yards of Winter Sand to be delivered to the Town Garage. Bids to be due on October 4, 2001 at 7:00 p.m. Unanimous.

6. B. HAZARD MITIGATION PROGRAM - WILLIAMS PROPERTY

MEMORANDUM OF UNDERSTANDING

R. Marek spoke with Angela Magara, VT Emergency Management Hazard Mitigation Officer, regarding the Subgrantee responsibility for the up to 25% share of the Subgrant of the mentioned in the Memorandum of Understanding. She assured him that there would be no "hard dollars" required of the town. The town will receive funds for a title search, closing costs and demolition. The town will also received the taxes due, both current and delinquent. There may be some in kind contributions from the highway crew and the NewBrook Fire Department as it relates to the demolition. Motion was made by J. Anderson and seconded by R. Marek to have Chairman Michael N. Rohan sign the Memorandum of Understanding for Project #23 for the Williams property at 44 Steep Way (TH#21) through the Hazard Mitigation Program Disaster Response - FEMA 1184-DR-VT with the understanding that no "hard dollars" will be required of the town. Unanimous.

5. C. OTHER OLD BUSINESS

(1) J. Gray will be reminded about repairing the steps in front of the Williamsville Hall.

(2) The Williamsville Hall Committee prepared a list of items to be brought to the Board regarding items that need attention at the hall, as well as some new items to think about. The loose window pane, the elevator and the hot water heater items will be taken care of.

5. B. DISCUSSION OF DRAFT LETTER RE: USPS

The Board will passover discussion of this matter at this time.

5. A. TRAFFIC CALMING/SPEED ENFORCEMENT

M. Rohan will prepare a news release for the Reformer regarding the speed enforcement program to begin on October 1 st. The Board discussed the possibility of having a special meeting to deal with traffic calming issues for Williamsville and South Newfane. No decision was made as to a special meeting time or date.

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

None of the items listed required any action from the Board.

8. MINUTES

The minutes of Board meetings of 09/06/01 and 09/14/01 were reviewed by the Board. Motion was made by J. Anderson and seconded by L. Bedell to approve the minutes of 09/06/01 and 09/14/01, as written. Unanimous. The minutes of 09/14/01 indicate that Fred Bacon and Lynn Bedell were present and they did not attend the meeting.

9. PAY ORDERS

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

09/08/01 Payroll $ 2,791.21

09/15/01 Payroll $ 2,766.60

09/21/01 Acct's Payable #7 $ 14,383.41 Unanimous.

IRS Electronic Federal Payroll Tax Payments

09/12/01 $ 1,541.24

09/19/01 $ 968.74

10. CORRESPONDENCE

(1) A letter was received from Charles W. Elflein of Rotterdam Junction, NY regarding his thought about repair of the Williamsville Covered Bridge. (CB#17). He feels that the bridge should be moved to another location for foot traffic only.

(2) A letter has been received from Rescue, Inc. regarding their request for an appropriation for fiscal year July 1, 2002 through June 30, 2003. The amount of $3,630, which is based on $4.00 per capita based on the 2000 census, will need to be approved at Town Meeting of March 5th. The amount for 2000 and 2001 was $2,723.

(3) A copy of the Vermont Agency of Transportation's Guidebook and Application for the free-standing Transportation Enhancements Program has been received. Applications must be received by the Vermont Agency of Transportation's Planning & Planning Division by 4:00 p.m. on Thursday, November 1, 2001.

(4) A copy of a letter has been received from ANR to Kindle Farm regarding water testing requirements for the new well.

(5) A copy of a letter from Joan Weir to Hendrik W. van Loon regarding the details for the work to be done on updating the Newfane Tax parcel maps.

(6) The statistics for FY 2001 and for the month of August have been received from the Windham County Sheriff's Office.

(7) A project review sheet has been received from the District Environmental Office for a project at West River Acres. The project is for horse stable, riding arena and two bedroom apartment. The horse operation has a staff of 10 people and with 20 horses are boarded by independent horse owners.

(8) A notice has been received from the Vermont Environmental Board regarding an Act 250 Prehearing Conference and Petition for Declaratory Ruling for West River Acres, et al. The hearing is scheduled for Friday October 5 at 10:00 a.m. in Montpelier. Parties wishing to participate must notify the Board in writing by Thursday, October 4, 2001

(9) The Traffic/Speed counts for Newfane and Williamsville have been received from Kendall Gifford of Windham Regional Commission.

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 F. Bacon to adjourn the Regular Meeting of the Board at 9:16 p.m. Unanimous.

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.

ROAD COMMISSIONER'S REPORT - 9/20/01

1. PERMITS

The Sinon's fence right of way permit needs action. No access or right of way permits reviewed.

2. COMPLAINTS

A request for band rail on Spring Hill Road (TH#24) was reviewed. There is a bad spot on Spring Hill Road, however, the sections of road that are going to receive band rail this year are more deserving (Adams Hill Road, Auger Hole Road, etc.) There are other place s in town that are not getting band rail that are equally deserving.

3. FLOOD WORK

The town still has a few small project to do.

Fitzpatrick has his remaining projects to do (last phase).

South Wardsboro Road (TH#1) guardrail is not under contract yet, although Jim has obtained prices and quotes.

A decision is needed on the Steep Way bridge (fix/replace).

4. MISCELLANEOUS

Roadside mowing and centerline painting by the state are done.

A meeting was held at Kenney Pond in response to a complaint about potential pollution of Kenney Pond. The concern is that gravel from the road might be contaminated with various pollutants is migrating into the pond. I plan to call Mr. Quackenbush from the state to find out what I can about road runoff/gravel runoff and water quality. My first impression is that, except for one location, very little gravel is getting into the pond and the small amount that gets into the pond is inconsequential in comparison to any storm water that runs off the road anyway. The one problem area is caused by runoff from a long downgrade into no culverts. A culvert and a swale at the bottom opposite the pond would help a great deal and might keep the road from washing out in a big storm. Small measures (berms and stakes) can help a little in the other areas. Also of concern to the residents is disruption of areas adjacent to the road by the loader. The town will try to minimize this in the future. The possibility of cutting trees was discussed. The objective would be to allow the town to 'move' the road away from the pond. Unless mu discussions with Mr. Quackenbush lead to another conclusion this seems like an unnecessary step and is simply a loss of good trees.

The winter truck turnaround location was also discussed. Since it should not be in the private driveway that it has been in the past it will need to be elsewhere and mutually agreeable locations were discussed including the entrance to the driveway (the last one in winter) if it is expanded by removing two trees. Jim will look into this further.

5. GUARDRAIL - NON-FLOOD WORK

All sections on request for bid are fine except 16' radius segment on Arch Bridge (BR#12) in Williamsville. Meeting with landowner's needed for this segment.

Road Commissioner, Jesse Anderson

ROAD FOREMAN'S REPORT 9/20/01

TOWN OF NEWFANE HIGHWAY

1. The following roads were worked on since the last BOS meeting: Eddy Road (TH#71), Bensch Road (TH#13), Upper Spring Hill Road (TH#23), Browns Road (TH#45), Newfane Hill Road (TH#20) above four corners, Chapin Road (TH#39), Deer Hill Road (TH#37), Wheeler Hill Road (TH#26), Parish Hill Road (TH#26) by Deer Hill Road and Sunset Lake Road (TH#42) where rough.

2. Construction work started on Bridge #51 on Vic Benjamin Road (TH#64) by Bazin Brothers. Temporary bridge is in place.

3. The center lines have been painted on all Class II pavement by the VT State Highway crew.

4. Steep Way (TH#21) flood work was checked by Bill Noyes VT State Highway Department. Road was acceptable for final payment.

5. The mowing of town highways has been completed by Don Elliot, Jr.

6. Equipment: A. A plow is needed for the F550 truck before winter. B. The wing for the '90 Mack needs replacing. C. All equipment is operational.

7. Brush cutting has been done on River Road (TH#15) and Wildwood Acres Road (TH#75).

Respectfully submitted,

James O. Gray

Road Foreman

To: Newfane Board of Selectmen

Memorandum From: Doris A. Knechtel

Subject: Administrative Assistant's Report

Date: September 20, 2001

1. June Levinsohn may be in to talk with the Board about noise at the Inn at South Newfane from weddings at the inn with music playing into the night. I gave her a copy of the section of the Zoning Bylaw dealing with noise that indicates that approval for noise generated beyond the limits of the lot shall seek approval from the Planning Commission. See went to the PC on 09/18. I gave her a copy of the statute 13 VSA S 1022 dealing with "noise in the nighttime" which she should call the WCSD. And I gave her a copy of the liquor license that allows outside consumption during legal hours (10:00 a.m. - 2:00 a.m.) I also gave her the 800 # for Al Elwell, VT Liquor Control Director. The only thing that I can see that the Board may be able to do, would be to put a condition on the outside consumption permit for the next liquor license to be issued for the inn. If it is a neighborhood problem, they could talk to the owners or lessees.

2. Adele Graham will be in to discuss drainage from Cross Street (TH#14) and work that she may be doing within the town highway right of way. If she is going to have work done within the town highway right of way, she needs to complete an Access/Right of Way Permit application. Other residents on Cross Street (TH#14) are coming in to also talk about drainage problems on the highway,

3. Susan Keese will be in to talk about a grant that she is applying for which involves an oral history from seniors of some of the Porter Thayer photos. She hopes to talk with residents after the Senior Meals. The Williamsville Hall Committee may serve as sponsors for the grant, but she may also need the sponsorship of the Board, much the same as the Village Enhancement Committee for their grants.

4. Richard Thibodeau, USPS called regarding Selectmen's views of the parking at the South Newfane/Williamsville Post Office. He also spoke with M. Rohan.

5. Pat Williams called to inquire as to the status of the FEMA Hazard Mitigation Program Memorandum of Understanding

6. I received a call from John Brady, Esquire, attorney for Roger Farnsworth regarding monies owed to Fransworth by Fitzpatrick.

7. Don't forget the meeting tomorrow, Friday, September 21 with Patriot Properties, at 3:00 p.m.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

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