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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 11/15/01 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
NOVEMBER 1st, 2001
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, Lynn Bedell and Richard Marek.
Also Present: Edward Druke of the Emergency Management Committee and interested citizen and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Mike Rohan at 7:02 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. NO ONE SCHEDULED

5. OLD BUSINESS
C. (1) M. Rohan spoke with Wm. Pettingill of the Vermont State Police regarding costs related to having the VSP do some speed enforcement on Route 30 in Newfane. The cost would be $35.00 per hour. M. Rohan suggested that the Board consider about 12 - 15 hours per month in blocks of three hours at a time, for the VSP. This would be overtime for the Patrolmen. There was also discussion about getting back in touch with Windham County Sheriff's Department regarding more detailed reporting on a regular basis of the time that is being spent for patrol work within Newfane so that the Board can be kept apprised of the situation.

6. B. DISCUSSION PRELIMINARY BUDGET PROCESS
For the next meeting on November 15th, there will be some preliminary budget information available for the Board to start reviewing. M. Rohan spoke with S. Hescock about having the flood work numbers separated out to get a better picture of the actual town expenditures. Various departments and committees will be asked to start submitting budget information.

5. A. TRAFFIC CALMING/SPEED ENFORCEMENT
R. Marek reported on the recent meeting of the Route 30 Corridor Study for Traffic Calming measures. Newfane seems to be the most interested, of all the towns along the Route 30 corridor, in the project. The cost of the "welcome" signs produced by R. Flynn, were in the neighborhood of $150. The costs of the proposed medians, if agreed upon by VTrans, are estimated to be $60,000 each. There are questions about the highway maintenance of the islands and the areas where the road will need to be widened to accommodate the medians. Abutting property owners will also need to approve of the project recommendations. A letter will be forthcoming from WRC about Newfane's interest in going forward with the gateway treatment and a grant application. There may be a source of funds from the Stratton Corp. to help ameliorate the impact of the traffic to the ski area.

5. C. OTHER OLD BUSINESS - (cont.)
(2) F. Bacon indicated that he has spoken with Gary Katz, Lister, and the reappraisal is moving along smoothly. G. Katz has been out with the Patriot Properties appraisers and he is impressed with their approach and their work. E. Druke questioned the assessment of "hot tubs" and ponds on a property. If these items add value to a property and the assessment is fair and equitable across the community, then it is up to the appraisal company to add the value to the cards. E. Druke should speak to the appraiser about these questions.

(3) F. Bacon spoke of the replacement of the steps in front of the Williamsville Hall. It had been suggested to him that GPI, the contractor who did the second means of egress, be asked if they may know of anyone who may be interested in doing the work. There is a precast concrete place in West Brattleboro that F. Bacon will contact. There were other contractors who were mentioned that DAK will contact. The project includes replacing the steps and the walkway.

In connection with this, an application been received for a grant for buildings on or eligible for listing on the National Register of Historic Places for matching grants ranging from $1,000 to $15,000. A copy of the grant application was given to F. Bacon and R. Marek. They will work on it for submission for replacing the steps and the walkway at the Williamsville Hall. The application must be postmarked by Saturday, December 8, 2001. The application will be discussed at the next regular meeting. (11/15/01)

(4) The content of the petition received from residents on Auger Hole Road (TH#3) regarding the Roger Sparks property and areas to be looked into were discussed by the Board. R. Marek looked up the statute (24 V.S.A. S2201) regarding the "Throwing, depositing, and dumping refuse; penalty; summons and complaint" concerning Rubbish and Garbage. Items listed in S2201(a) are not to be deposited on lands of others or within 300 feet of lands of others, public or private, or into waters of the state or within view of a public highway. A copy of a model Junkyard Ordinance will be obtained from VLCT for the Board to consider. There are a few areas within town where an ordinance would be useful for the enforcement to clean up unsightly debris. The other issue from the petition is the trailer park issue which needs to wait until the subdivision of the Sparks property is received from the state and the ownership question of the property containing mobile homes (trailers) before the enforcement of the Trailer Park Ordinance requirements are enforced.

(5) Correspondence has been received from Joseph Mandell regarding his findings to date regarding the changing of a E-911 town highway road name. A petition was signed to change Wheeler Hill Road (TH#26) to Gray's Hill or Pat Gray's Hill. The process for the naming of the E-911 town highways and private roads began with legal notices in hearings in September of 1997. There has been subsequent hearings to add new names or to make a change for safety reasons. Board members discussed the parameters for considering the renaming of existing road within the E-911 system. Motion was made by M. Rohan and seconded by L. Bedell that it be the policy of the Newfane Board of Selectmen, when a request is received to rename and existing E-911 road name, that the interested party or parties be required to file a petition signed by 5% of the registered voters to vote for an article at the annual Town Meeting to have the Board start the process of a legal notice and hearings to rename a road for other than safety reasons. In favor: M. Rohan, F. Bacon, L. Bedell and R. Marek. Opposed: J. Anderson. Motion passes. The cost for the renaming of roads would be the Legal Notice (approximately $75.00) and the cost of the signs (2 per post).

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #2 - Before the Board makes a decision on a larger water heater for the Williamsville Hall, F. Bacon will contact R. Foye to find out the size and age of the water heater that he has offer to the town for the hall. (Update after the meeting - New 15 gallon)

B. Item #4 - The Board would like WRC to use the traffic counter on Dover Road (TH#2) east of the covered-bridge. K. Gifford will be contacted.

C. Item #7 - Motion was made by L. Bedell and seconded by J. Anderson to have DAK write a letter for Chairman M. Rohan to sign to request and alternate project for the repair of the Bruce Brook Bridge (BR#32). Unanimous.

D. Item #9 - Motion was made by M. Rohan and seconded by J. Anderson to pay Bazin Bros. Construction for the work on Bridge #51 with the stipulation that the check will be released after the bridge has been inspected by William Noyes. Unanimous.

E. Item #10 - Motion was made by J. Anderson and seconded by L. Bedell that the Board of Selectmen borrow the sum of $100,000 from Chittenden Bank, payable to Chittenden Bank on the 30th day of April 2002 with interest at the rate of 2.65% per annum, the proceeds of such loan to be used pay expenses associated with bridge repairs and flood damage. Unanimous.

F. Item #11 - Rather than purchasing a covered bulletin board at this time, for the Williamsville Hall, there may be interest from a community member to make one.

G. The town has received an Award of Excellent Achievement through the UVM James P. Taylor Town Report Program for the 2000 Newfane Town Report, one of 23 excellent report throughout the state.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
(1) Emergency Management - Edward Druke indicated that the Emergency Management Committee will be meeting on November 6 at 7:00 p.m. at the NewBrook Fire Station.

(2) E. Druke indicated that a culvert has been installed on Newfane Hill Road (TH#20) in the area of the Leape's property. He also stated that the turn around for plowing with the F-550 has been resolved. J. Gray is also going install steel post with reflectors. (See RC report - item #3)

4. ROAD BUSINESS

4. A. ROAD COMMISSIONER'S REPORT (See attached report)
(1) Item #12 - J. Anderson is recommending that the Board approve of the Base Care Extended Service Plan for the F-550 for 6 years up to 75,000 miles. The current extended warranty on the vehicle is for 35,000 miles. The cost is $3,345.00. The warrantee is transferable to the new owner, which adds value to the resale of the vehicle. Motion was made by R. Marek and seconded by F. Bacon to purchase the Base Care Extended Service Plan from Rountree Ford-Mercury for the F550 for the amount of $3,345.00. Unanimous.

(2) Item #11 - The Board would like to have Wm. Noyes review the further deterioration of the Arch Bridge (BR#12) when he comes to inspect the Vic Benjamin bridge (BR#51). The Arch bridge is currently not on the state bridge list for rehabilitation or replacement.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
None of the items listed on the report required any action.

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.

11. EXECUTIVE SESSION
Motion was made by M. Rohan and seconded by R. Marek to enter into Executive Session at 9:10 p.m. to discuss legal matter. Unanimous. Board members and D. Knechtel, Administrative Assistant were present.
Motion as made by M. Rohan and seconded by J. Anderson to come out of Executive Session at 9:20 p.m. Unanimous.
Motion was made by J. Anderson and seconded by L. Bedell to have R. Marek write and sign a letter of response to Attorney John Brady regarding the lien which has been filed against the town of Newfane. Unanimous.

8. MINUTES
The minutes of Board meeting of 10/18/01 were reviewed by the Board. CORRECTIONS: Minutes of 10/18/01, page #2, 3. (1) 1 st sentence - change to read "Some Board members said that it would ..." page #3, 4. D. (3) last sentence - "...was made to put an access in the same location a few years ago." Page #5, 5.B. (4), last sentence to read .."The Selectboard will not be requesting a delay of the proposed work in front of the Williamsville Post Office." Road Commissioner's Report 8. Second sentence - "... his house and away from..." Motion was made by M. Rohan and seconded by J. Anderson to approve the minutes of 10/18/01, as corrected. Unanimous.

9. PAY ORDERS
Motion was made by M. Rohan and seconded by F. Bacon to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
10/24/01 Payroll $ 2,786.51
10/27/01 Payroll $ 2,790.11
11/01/01 Payroll $ 1,912.69
11/02/01 Acct's Payable #11 $ 390,826.57
Unanimous.
IRS Electronic Federal Payroll Tax Payments
10/24/01 $ 1,034.71
10/31/01 $ 963.83

5. B. REVIEW OF GOALS AND OBJECTIVES
(1) F. Bacon, L. Bedell and DAK will
meet at 6:00 p.m. on November 15th to work on proposed revisions and updates of the Newfane Personnel Policy. VLCT will be contacted to find out if they have a more recent version of a Model Personnel Policy, than 1995.

10. CORRESPONDENCE
(1) A letter has been received from the Zoning Administrator regarding the issuance of a two-year extension for a temporary variance for the use of the recreation parking at the Town Garage sight.

(2) There is a workshop sponsored by VLCT on November 29, 2001 at the Holiday Inn in Waterbury, VT regarding Municipal Ordinance - Adoption to Enforcement. R. Marek may attend. DAK will be on vacation.

(3) A petition has been received with 50 signatures asking the Selectmen to address the unsafe condition of Parish Hill Road (TH#24) south of the four-way intersection where a hill creates a blind spot for motorists. The RC and the RF will look at the situation for consideration for the next budget year.

(4) A report has been received from the Deputy Health Officer that a child was bitten by the family pet.

(5) Bonnyvale Environmental Education Center has contracted with D & E Tree Company to remove one tree from the slope near the old Williamsville Dam site. The tree work will aid in erosion control of the current slide.

(6) A letter has been received from the Department of Housing and Community Affairs indicating that the VCDP has redesigned their program and will be contacting the town to determine the town's interest in negotiating a Closeout Agreement under the new policy, or remaining with the existing Closeout Agreement.

(7) A copy of the information sent to Karen & Joseph File from the Agency of Natural Resources to indicate that they are exempt from obtaining a subdivision permit from ANR.

(8) The town has received a copy of the Water Supply/Wastewater Disposal Permit issued by the state Department of Environmental Conservation for Robert Bursky for the Kindle Farm Children's Service on the Newfane/Townshend line.

(9) A packet of information has been received from Vermont Emergency Management regarding terrorism preparedness and public health preparedness for smallpox and anthrax.

(10) VTrans has granted funds to the Vermont Youth Conservation Corps for green way projects. The information has been passed on to the conservation Commission. Application to fund projects must be received by VTrans by 12/15/01.

12. ADJOURNMENT
Motion was made by R. Marek and seconded by J. Anderson to adjourn the Regular Meeting of the Board at 10:15 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,


ROAD COMMISSIONERšS REPORT - 11/01/01

1. PERMITS
* None reviewed.

2. PAYORDERS
* Bazin should be paid in full for the Vic Benjamin culvert. (BR#51)

3. CALLS
* Ed Druke is concerned that the placement of posts along the road by Kenney Pond will narrow the road. Placement of posts was agreed to with the land owners as an erosion control measure. The posts will be placed after a supply of posts can be found.
* Merton Coleman is concerned about an access (currently unused) to his property opposite Bob St. Pierre's on Timson Hill (TH#41). The town put the existing culvert in when the ditch was deepened. The access would need work if it were ever to be used for a residential access. Accesses are the responsibility of the individual land owner. The Town tries to meet people half way, but for an unused access, there is no need to do anything at this point.

4. TOWN GUARD RAIL
* No work has been done yet. Guardrail installers work very late in the construction season.

5. FLOOD WORK
* Very little if anything is left on the list of jobs to be done by the road crew.
* Fitzpatrick has not installed headers on some of the culverts that have been installed. Work has progressed but no further bills have been submitted.
* South Wardsboro Road (TH#1) guardrail will be done at the same time as non-flood work guardrail in the near future.
* It would be very good to wrap up all the loose ends and get the small project audit done this year so that the town can be reimbursed.

6. RIVER ROAD/RADWAY HILL INTERSECTION
* Beck's plans need to be reviewed with all parties.

7. COVERED BRIDGE
* Nothing new, unless Fred has found anything out about a bridge museum in Bennington.

8. BROOKLINE BRIDGE/SOUTH NEWFANE BRIDGE
* Nothing new.

9. STEEP WAY BRIDGE
* To be an alternative project next year.

10. WISWALL HILL WING WALL
* I did not call gurney, however, Bill Noyes has talked to him. According to Jim, Gurney proposed some sort of repair involving a bladder or balloon. Bill told him that this would not be acceptable and to repair the wall as per the original design next year. Personally, I would like to know more about this proposed repair technique. It might have some merit.

11. PROBLEMS
* Todd noticed that a large (3' square) sheet of concrete has scaled off the lower portion of the Williamsville Arch Bridge (BR#12) on the corner of the abutment nearest the old town garage. The other lower portions look as bad as ever. It is hard to tell if they are getting worse but they have opened up considerably. I don't think the structure is compromised but the repairs described in the biannual bridge inspection report, OT a total refurbishment/replacement is able to budget for repairs later. Everyone seems to think that any repairs would be much in excess of one hundred thousand dollars and would be prohibitive. I am not so sure. Pouring a reinforcement wall/buttress at the bottom of each abutment might not be too much more expensive than pouring a wing wall on one of our smaller bridges. Maybe we could do one side at a time.

12. EQUIPMENT
* We need to decide whether or not to extend the F550 warrantee. I concur with Jim's recommendation that we do. It will remove risk between now and the scheduled replacement time (2002/2003), it will add trade-in value and it will give us options should we decide to extend the replacement interval beyond 2002/2003. The reason that the number of miles has stayed low and that we are still eligible for this extended warrantee is that the old army truck is being used as much as possible. Also Ford is allowing the extended warrantee for F550's with snow plows. They didn't used to do this. The engine has a 100,000 mile warrantee. The extended warrantee in question is for pretty much everything but the basic engine (already covered), clutch, and body.

Road Commissioner,
Jesse Anderson


ROAD FOREMANšS REPORT 11/01/01
TOWN OF NEWFANE HIGHWAY

1. The following roads were worked on since the last BOS meeting: Culvert was installed on Newfane Hill Road (TH#20) by Dr. Leaps, French Cabin Road (TH#36) drainage corrected, Roy Brooks Road (TH#48) culvert repaired, Wiswall Hill Road (TH#11) by the orchard was ditched and graveled, Bensch Road (TH#13) culverts smoothed up, and Steep Way Road (TH#21) by Donny Williams.

2. The jersey barriers have been moved back on Depot Road (TH#2).

3. Seven culverts were installed on River Road (TH#15) by Fitzpatrick Construction. Additional flood work remains.

4. Equipment: A. Trucks are being prepared for winter maintenance. B. All equipment is operational.

5. Whips and posts are being put up at culverts and guard rail.

Respectfully submitted,
James O. Gray
Road Foreman


To: Newfane Board of Selectmen
Memorandum From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: November 1, 2001

1. I spoke with Bill Krajeski regarding the status of the reappraisal. Maps A & B have been done for the initial review and they are starting on Maps C & D. Bill indicated that they were able to get into 45% of the homes so far. Those that they did not get into, they will be leaving a notice asking people to make appointments. The Listers new computer is due to arrive next week.

2. I spoke with Tim Jeffers about the water heater at the Williamsville Hall and he indicated that it is only a 10-gallon heater as it was originally intended just for hot water in the rest rooms. A 40-gallon water heater would cost approximately $400.00 to purchase and install. It needs to be a "squat" shape in order to fit into the space available.

3. Kenneth Campbell of William Mundell Road called to ask about extending the paving in front of his garage and barn. (Mr. Campbell will arrange for and pay for the paving). I told J. Gray and he will go and look at it. I also sent Mr. Campbell a permit to be completed for working in the road.

4. Kendall Gifford of WRC called and wants to know if the Board does want the traffic counter on Dover Road (TH#2) east of the covered bridge. It can be done next week. If the Board is not interested, he will store the equipment for the winter.

5. Bill Guenther will be informed of any logging access permits that are applied for and granted.

6. I spoke with William Noyes on 10/31 and he indicated that Gurney wanted to put some type of "balloon" under the abutment to repair the Wiswall Hill Bridge. This is not acceptable to Bill and Mr. Gurney will have to repair the bridge as planned in the spring. It is too late to work in the brook at this time.

7. Wm. Noyes also indicated that a letter needs to be written to request an alternate project for the Bruce Brook Bridge (BR#32) to get the 90% of the Federal funds for the project.

8. Wm. Noyes is planning on an inspection of the FEMA flood project for the first part or middle of December. The amount still due from FEMA and from the state to the town is at least as $183,000.

9. Wm. Noyes has not yet inspected Bridge #51 on Vic Benjamin Road (TH#64), but has indicated that the invoice to Bazin should be paid.

10. The Board needs to sign for a loan to borrow money ($100,000) in order to pay for the sizable invoices that are due or are coming due; Bridge #51($60,000+), Band Rail ($15,000+), Bond Payment ($20,000), Fitzpatrick for flood work ($41,000). After Bridge #51 is paid, a copy of the paid invoice and the canceled check is sent to the State and the town will be reimbursed $48,400. And as I mentioned in item #8, there is still FEMA and state funds in the amount of at last $183,000 due back to the town.

11. The town is getting down to two places, other than the Town Clerk's office for the posting of notices, with Lessing's closing. (Two is all that is required) Depending what Lessing's store may be in the future, the Board may want to consider a bulletin board with a glass door on it for the posting of notices at the Williamsville Hall. I have tried to post the notices on the current board, but they "blow away". Costs vary from $135 to $200.

12. I will be on vacation the last week in November and a couple of days in December. San Diego, here I come!

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

 


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