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MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
NOVEMBER 2nd, 2000
NEWFANE TOWN OFFICE
Any and all corrections to the following minutes will be made at the 12/07/00 Board of Selectmen's Meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.
PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Lynn Bedell, Richard Dowley and Carter Van Iderstine.
Also Present: Joan Weir of Williamsville School Preservation Society, H.W. Piet van Loon as Zoning Administrator, John E. Pyatak, Sarah Taylor, David Clarkson, Richard Cronce, Jeff Boyd and John Mariano, all members of the Zoning Board of Adjustment, 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 7:00 p.m.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. ZONING BOARD OF ADJUSTMENT - EXECUTIVE SESSION
POTENTIAL LITIGATION MATTER
EXECUTIVE SESSION - Motion was made by M. Rohan and seconded by J. Anderson that the Newfane Selectmen enter into Executive Session at 7:10 p.m. to discuss a matter of potential litigation. Others to be present during the session are the Zoning Board of Adjustment, the Zoning Administrator and the Administrative Assistant. Unanimous.
Motion was made by C. Van Iderstine and seconded by L. Bedell to come out of Executive Session at 7:31 p.m. Unanimous.
Motion was made by M. Rohan and seconded by R. Dowley to have a letter written to Attorney Raymond Perra to indicate that his client is in violation of his Zoning Permit. A copy of the letter is to be sent to the property owner. Chairman Michael Rohan will sign the letter. In favor: M. Rohan, L. Bedell, R. Dowley and C. Van Iderstine. J. Anderson recused himself from the discussion and vote as he is an abutting property owner. Motion passes.
3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Joan Weir, on behalf of the Williamsville School Preservation Society, wrote a letter to the Selectmen indicating that the WSPS did not receive funding from FEMA for the flood damage received during July 16 & 17. The WSPS has asked that the town write a letter requesting that the repair of the damages ($2,034.56) received from the storm damages be added to the "town list" for FEMA public assistance. Motion was made by L. Bedell and seconded by R. Dowley to write a letter to the appropriate FEMA official requesting that the WSPS, private non-profit flood damage project be added to the town list for FEMA public assistance. Unanimous.
B. Piet van Loon has a copy of the letter the Board received from
Christopher Madden of the USPS regarding the selection of the new
location of the new Newfane Post office to be on Lot #B048 across from
the current post office and next to the town office. Depending on the
plan there are some questions about the number of uses for the property,
set-backs etcetera. The Planning Commission will be reviewing the project and will point out some of the potential pitfalls to the
developer. Motion was made by L. Bedell and seconded by M. Rohan that a letter be written to the United State Postal Service to indicate that whatever location is chosen for the new Post Office site must meet applicable state, local and flood plain rules. Unanimous.
4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (No written report was submitted)
B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #5 and AA Report Item #1 - The Board discussed the ongoing problem of items begin within the right of way that hamper road and bridge maintenance on Stratton Hill Road (TH#35) and Bridge #42. J. Benedetto has been leaving items across the road on property owned by Howard Bailey. Motion was made by M. Rohan and seconded by R. Dowley to write a letter to J. Benedetto requiring that he remove items from within the town highway right of way by December st or the Board will take legal action. Unanimous. The letter is to be signed by Chairman M. Rohan. The WCSD will be given a copy. Mr. Bailey also submitted a letter to the Board for their review regarding the matter.
C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were presented for action.
D. ACCESS/RIGHT OF WAY PERMITS
Johanna Gardner has applied for a new access permit onto South Wardsboro Road (TH#1) to serve a non-profit educational facility. Motion was made by M. Rohan and seconded by J. Anderson to sign the approval to proceed with Access Permit #A00-09 on property owned by Johanna Gardner on South Wardsboro Road (TH#1). B-71 standards to apply. The culvert requirement is waived. Unanimous.
E. DISCUSSION OF STATUS OF FLOOD PROJECTS - FEMA & USDA
The South Wardsboro Road (TH#1) flood damage work is coming along on schedule. J. Anderson asked about the Newfane Hill Road (TH#20) flood project and why the town is contracting the culvert installation. J. Gray indicated that the culvert work was too much for the town to do with other work. He also noted that headers were not included by FEMA on the culverts for the Newfane Hill Road project.
F. OTHER ROAD BUSINESS
(1) M. Rohan spoke with C. Ballou, Chairman of the Brookline Selectboard regarding Brookline/Newfane Bridge #19 needed repairs. C. Ballou spoke with VTrans structures division and the state will be paying for 95% of the cost and the two towns will split the remaining 5%, which is estimated to be $250 for each community. The project will need to be put out to bid.
(2) The town has received a report from VTrans Structures Engineer, James B. McCarthy on Bridge #12, the Arch Bridge, regarding areas of concern that need repair. Lose and deteriorated concrete needs to be removed and properly patched and adequate approach railing need to be installed at the southwest corner of the structure. The Board will meet with Wm. Noyes about the repairs. Included with the report is a place for signature to indicate that the town is aware of the problems with BR#12. Motion was made by J. Anderson and seconded by M. Rohan to have the Board members sign the acknowledgment indicating that the town is aware of the structural problems on the Arch Bridge (BR#12). Unanimous.
(3) The town previously received a report on the Wiswall Hill Road (TH#11) Bridge #43. The Board feels that the bridge should have been done correctly when Gurney Brothers took care of repairs a few years ago.
(4) Motion was made by M. Rohan and seconded by R. Dowley to have the Town Highway Winter Regulations posted from November 15th, 2000 through May 1 st, 2001. Unanimous. Includes: vehicles parked on highway right of way that interfere with snow removal will be towed; plowing of show onto or across a town highway is prohibited and snowmobiles and all-terrain vehicles shall not be operated on any plowed town highway.
(5) Harland Van Ness came into the office and indicated that nothing has been done about the drainage problem on Jones Hill Road (TH#52). (See AA report - Item #2) J. Gray and R. Dowley will go to look at the situation again. J. Gray may have the highway crew remove the berm. (6) M. Rohan spoke to J. Gray about getting and answering machine at the Town Garage that works and a cell phone in his vehicle. Both expenses have been previously approved.
4. F. OTHER ROAD BUSINESS
(1) OPENING OF BAND RAIL BIDS
The following bids were received for the installation of 450 feet A of band rail as specified on Auger Hole Road (TH#3):
Highway Steel $ 6,963.75
F.R. Lafayette, Inc. $ 5,118.75
Motion was made by R. Dowley and seconded by J. Anderson to award the bid to F.R. Lafayette, Inc. in the amount of $5,118.75 for the installation of 450 feet A band rail, as specified, on Auger Hole Road (TH#3). Unanimous.
6. A. WINDHAM COUNTY HUMANE SOCIETY - POUNDKEEPER
The VT-NH Veterinary Clinic will no longer be able to house stray animals from Newfane after November 1 st, 2000. The Windham County Humane Society will be able to provide the service at the same cost and have sent an agreement for the Board to sign. Questions arose about the length of the holding period. The state recommends a 7 - 10 day holding period. Motion was made by M. Rohan and seconded by L. Bedell to sign the agreement with Windham County Humane Society to serve as poundkeeper for the town of Newfane for a one year period beginning November 1, 2000. The holding period will be left open until contact with WCHS about having a minimum of 14 days. Unanimous. The cost per day for dogs varies from $9.50 to $13.50 depending on the weight and the cost per cat or small animal is $9.50 per day.
6. B. FY 2002 BUDGET PROCESS
Information is being gathered for the FY 2002 Budget Process which will begin the first meeting in December with a comparative spread sheet as has been used in the past.
6. C. OTHER NEW BUSINESS
(1) Correspondence has been received from US Senator Patrick Leahy asking that local municipalities sign a petition to protect the right of local muncipalities to have control over local land use decision, specifically telecommunication tower placement within a community. Currently federal law preempts local control over the location an use of cell phone towers. Motion was made by L. Bedell and seconded by R. Dowley to have Chairman Michael Rohan sign the petition on behalf of the town of Newfane. Unanimous.
7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #7 - A call from USDA indicated that they are willing to sign the agreement between the town and USDA if the addendum requiring agreements with the property owners involved, is removed. The Board agreed to remove the addendum after the property owners to be responsible for future maintenance and costs. Agreements have been prepared. Motion was made by J. Anderson and seconded by R. Dowley to have Chairman Michael Rohan sign the two agreements, with Kenneth Robinson and Darlene Ballantine/Bradley Cassella, and send them to the property owners of record. Unanimous.
B. Item #8 - The trees on Timson Hill Road (TH#41) may be cut back providing that the trimmed branches are removed. J. Gray should contact the property owners before proceeding.
C. Item #5 - The requests for reappraisal information will be sent out again for completion of a town-wide reappraisal in 2003, instead of 2002 as previously sent.
D. Item #6 - The Board reviewed the request to use the Williamsville Hall for a pre-Act 250 meeting for the reclamation of the Haynes gravel pit by a group of Auger Hole Road (TH#3) residents at no charge. The Board does not want to make exceptions for the cost of using the building at this time. The cost during the winter months is $50.00.
E. Item #9 - The Act 250 hearing for River Road (TH#15) should be moving forward. Wm. Noyes and Matt Beck will be contacted to assure that the scheduled date for submission of information will be completed in a timely manner.
8. MINUTES
The minutes of the Regular Meeting of 10/19/00 have not been completed.
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:
10/21/00 Payroll $ 2,616.99
10/28/00 Payroll $ 2,797.69
11/01/00 Payroll $ 2,399.02
11/03/00 Acct's Payable #10 $ 341,900.98 Unanimous
B. IRS Electronic Federal Payroll Tax Payments
10/24/00 $ 1,145.13
10/31/00 $ 896.26
10. CORRESPONDENCE
A. Eileen Greber, Resource Management Planner, has written to the Board to indicate that Bonnyvale Environmental Education Center has received a grant from VtANR and has hired Eileen as a consultant to do work on three erosion sites on the Rock River. One of the sites belongs to the town, in the area of the old Williamsville Dam site. She has included suggestions for stabilization of the area in question. J. Gray will look at the site but expressed his concern about having anyone from the highway department work at felling the trees as the steep slope creates a dangerous situation.
B. A letter has been received from the Vermont Department of Health indicating that the term of the Newfane Health Officer has expired. Motion was made by C. Van Iderstine and seconded by R. Dowley to recommend appointing Dr. Timothy P. Shafer as the Health Officer for the town of Newfane. Unanimous. The term will be until September 30, 2003.
C. The summary report for the Vermont Community Development Program for the town of Newfane/Dummerston from October 1, 1999 through September 30, 2000 has been prepared by the Newfane Town Treasurer. Motion was made by M. Rohan and seconded by R. Dowley to have Chairman Michael Rohan sign the report on behalf of the lead community, Newfane. Unanimous. The ending amount for 9/30/00 is $42,109.82.
D. A letter from Mark Ljungvall, VTRANS Traffic Operation Engineer, that a traffic engineering study conducted by the Traffic Operations Section indicates that a 40-mph speed limit is warranted from 0.10 of a mile south of Rick's Tavern extending north to the existing 35-mph speed limit area on VT Route 30.
E. A letter has been received from Susan E. Scribner, VTRANS Historic Bridge Program thanking the town for completing the required annual maintenance tasks for Bridge #49, the Green Iron Bridge.
F. A fax has been received from Jane Krochmalny, Esquire to indicate that Attorney Timothy J. O'Connor will be filing a brief on or before November 10, 2000 on the Miller V. Town of Newfane matter with the Vermont Supreme Court. M. Rohan will contact J. Krochmalny.
G. An application and manual for the 2001 State Historic Preservation Grant Program has been received. Approximately 15 matching grants ranging from $1,000 to $10,000 will be awarded. Completed applications must be received by 4:30 p.m. on Monday, December 4th or be postmarked by Saturday, December 1, 2000.
11. EXECUTIVE SESSION - An Executive Session was not required.
12. ADJOURNMENT
Motion was made by J. Anderson and seconded by C. Van Iderstine to adjourn the Regular Meeting of the Newfane Board of Selectmen at 9:45 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 FOREMAN'S REPORT 11/02/00
TOWN OF NEWFANE HIGHWAY
1. The following roads were worked on since the last B.O.S. regular meeting: South Wardsboro Road (TH#1), River Road (TH#15), Eddy Road (TH#71), Old Stage Road (TH#9), and Penner Road (TH#31).
2. Snow fell on 10/29/00 required spot sanding of roads and bridges.
3. The resurfacing of South Wardsboro Road (TH#1) and Depot Road (TH#2) was done on 10/23 & 24/00. The shoulders were side dressed on 10/31/00. The painting of center lines followed. South Wardsboro Road (TH#1) was not done.
4. Equipment is being made ready for winter maintenance. It is a difficult period during the change over due to sanders having to be mounted.
5. Bridge #42 (Stratton Hill Road TH#35) is blocked with crushed stone on the southwest end. It is an ongoing problem with no regard for anyone.
6. Equipment: A. The clutch (defective) was replaced in the F-550 (warranty work). B. The cab on the 926E Cat Loader has been patched where rusted through and painted. C. The sander conveyor box for the '93 G.M.C. was replaced. D. All other equipment is operational.
7. The South Wardsboro Road (TH#1) flood repairs are on schedule. Culverts have been put in and the lining of ditches nearing completion. Paving of the section of road should be done soon.
8. Newfane Hill Road (TH#20) flood work has started today. It is necessary to close the road due to the narrow sections.
9. The Viking Cives representative will come to look at the SnowKing plow that needs modifications if it is to be used this winter.
Respectfully submitted,
James O. Gray
Newfane Board of Selectmen
Page
November 2, 2000
To:
Newfane Board of Selectmen
Memorandum
From:
Doris A. Knechtel
Subject:
Administrative Assistant's Report
Date:
November 2, 2000
1. Both Howard Bailey and Joe Benedetto were in to discuss the items belonging to Mr. Benedetto that are on the Bailey property on Stratton Hill Road (TH#35) by Bridge #42. A letter in your packet from Mr. Bailey requests that the town request that Mr. Benedetto remove his items from Mr. Bailey's property. J. Gray also has included an item in his report pertaining to this matter. (Item #5).
2. Harland Van Ness was also in on 10/30 to indicate that nothing has been done about the drainage problem off of Jones Road (TH#52) which also involves Clive LaRose. Mr. Van Ness was going to write a request to the Board for action, but I have not yet received anything from him.
3. Several motorists (7) called about having yellow paint on their vehicles from the painting of the center lines by the state of the class two roads in Newfane on 10/25. I referred them to the Traffic Shop to submit a claim for damages.
4. The Windham County Humane Society agreement for use of their services as Poundkeepers for the town of Newfane needs to be signed. The costs are the same as the VT/NH veterinary clinic.
5. I spoke with Terry Knight of PVR regarding reappraisals. She suggested that the town resend the request for proposals to be completed for 2003. PVR does not have an updated list from the one we have. We received five responses, five returned as undeliverable out of a list of a potential 26.
6. Heidi Kendrik of Auger Hole Road (TH#3) called regarding a pre Act 250 meeting with interested parties for the reclamation of the gravel pit owned by Kathryn Haynes on November 16th. She would like to know if there can be a representative from the Newfane Board of Selectmen, and she would like to know if they can use the Williamsville Hall for the pre-Act 250 meeting without cost.
7. Laurie Derring of USDA called about the agreement signed by the Board and the attached addendum. The USDA does not have a problem with the town having an agreement with the property owners, but USDA will only sign the agreement without the addendum. I have prepared a proposed agreement for each property owner being considered for funding, which I would like the Board to review. K. Robinson said he is willing to enter into an agreement.
8. Margot Stone and Jim Sinon are willing to allow the town to trim back the hemlock branches on Timson Hill Road (TH#41) to allow two vehicles to pass, providing the town cleans up the debris from the trimmed branches.
9. The Act 250 hearing for the River Road (TH#15) intersection with Radway Hill Road (TH#4) has been delayed until January 8th, 2001 to allow time for engineer Matt Beck to work on plans to be submitted. I spoke with Attorney T. O'Connor and Matt Beck regarding this matter. M. Beck will be contacting Wm. Noyes.
10. The town has received a check from FEMA in the amount of $55,405.00, 75% of the small projects ($53,274) and 3% for administrative funding. Note from the spread sheet that some of the payment included monies for the NBFD use of their equipment.
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