Any
and all correction to the following minutes will be made at the 12/18/03
Newfane Selectboard's meeting and are considered unapproved until then.
Corrections will be noted in the minutes of that meeting.
MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
DECEMBER 4th, 2003
NEWFANE TOWN OFFICE PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and
Chris Williams.
Also Present: John Feifel, David Cotton, Gunther Garbe and Carolyn Katz
of the Planning Commission, David Clarkson, and Doris Knechtel as Administrative
Assistant.
1. CALL TO ORDER
The regular meeting was called to order by Chairman Piet van Loon at 6:32
p.m.
2. SCHEDULED MEMBERS OF THE PUBLIC
A. PLANNING COMMISSION
The Selectboard invited the Planning Commission to discuss with them the
status of the planning projects that the commission is currently dealing
with and any other areas of interest.
John Feifel, Chair of the PC indicated that they are working about once
a month on the Town Plan with assistance from a consultant from Windham
Regional Commission. The next meeting will be on Dec. 11th at 6:30 p.m.
They expect that they may be ready for public hearings in January. The
PC has also been dealing with site plan reviews. One, for which they just
received and amendment, involves the Original Flea Market property. There
will also be an Act 250 permit for the project. The Planning Commission
is also looking for new members. C. Katz will be leaving the Commission.
Her term expires in 2007. Both J. Feifel and G. Garbe, who's terms are
up in March 2004, have also expressed that they are not interested in
serving another four year term. They will assist in the public hearing
process for the Town Plan, if needed.
P. van Loon suggested that other planning things for the PC to consider
working on are subdivision regulations and the Zoning Bylaws. He also
indicated that the advise from a meeting he attended at the VLCT Town
Fair to use the procedures for adoption under Chapter 59 and not Chapter
117 as regulations are easier to enforce and regulate.
The next area of discussion centered around the idea of forming a Design
Review Board. This matter has been discussed by both parties in the past.
A DRB, consisting of a minimum of five members, would take care of site
plan reviews, variances and conditional uses. The ZBA would no longer
exist. The Planning Commission would take care of all planning matters;
writing of the Town Plan, Zoning Bylaw and the like. With the DRB concept,
there is a provision for alternate members. A person may serve on both
the PC and the DRB. Currently the PC is dealing with site plan review
and not getting along as quickly with the Town Plan review and updated
changes.
With the Act 250 hearing coming up on the building of storage units at
the Original Flea Market site, questions were raised about the overflow
off-site parking, the non-conforming current use, the percentage of property
being used for commercial applications (should be only 65%), 24 hour access,
no lighting and a gate, the food concession, etcetera. The Act 250 process
may bring the current and future use of the parcel under surveillance.
WRC will be sponsoring an Act 250 session on 12/10 from 1 to 4 pm at the
Holstein building in Brattleboro for those who may like to attend.
The Planning Commission was thanked for their attendance at this meeting.
3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. D. Clarkson inquired about the deteriorating trailer on South Wardsboro
Road (TH#1) opposite Cushing Flats Road. He raised questions about the
potential hazardous materials present from the trailer. The cost of removal
of the trailer is estimated to be $1,300 or $500 per day in fines. The
WCSD had been involved in working with the town to serve the property
owner with a ticket and fine. There will be a follow-up with the Sheriff's
Department.
B. D. Clarkson asked about imposing a 25 mph speed limit on all overweight
trucks using Newfane's highways. P. van Loon will look into the ability
of the town to have such a policy.
C. D. Clarkson asked about the Traffic Calming Committee and the speed
enforcement on South Wardsboro Road (TH#1). He has not seen evidence of
much in the way of speed enforcement. P. Cotton will be in contact with
Sheriff Prue.
4. OLD BUSINESS
A. ACCESS/RIGHT OF WAY POLICY DISCUSSION
Language for the introduction section of the proposed policy was discussed.
P van Loon suggested the Authority and Purpose language used on page 12
of the Developing a Highway Access Policy booklet prepared by Vermont
Local Roads. P. Cotton suggested some of the language used under the Right
of Way section in the VLCT Selectboard Handbook page 9-7. The two suggestions
will be reviewed.
The question was raised regarding the number of years for a permit application
to be good for. The proposed policy states one year and the permit application
states two years. The proposed policy will be changed to two years.
Another question that was raised, was the fee for the permit of $50.00.
After discussion, it was decided to keep the permit fee of $50.00 and
not reduce it to $25.00. The time needed to process the permit by the
Road Commissioner and the Road Foreman warrants the permit fee according
to the Board.
The improvement of paving of a driveway would require a permit as the
runoff of water could be influenced by the paving. The policy will be
further amended and brought back to the Selectboard for final approval
and passage. (See also the Administrative Assistant's Report, Item #5)
B. DOG ORDINANCE
The Dog Ordinance proposed changes will be reviewed at a future meeting.
C. BUDGET PROCESS
The Board first spoke of the meeting schedule for January. The first Thursday
in January is New Year's Day. The Board will meet on Thursday January
8th (Special), 15th (Regular), and 22nd (Special). After discussion, it
was decided to have special budget meetings on Wednesday, December 10th
and Tuesday, December 16th, each beginning at 6:30 p.m.
5. NEW BUSINESS
B. SCHEDULE MEETINGS WITH BOARDS, TOWNS AND AGENCIES
The only mention of an invite to the Selectboard meeting was to ask the
Vermont State Police regarding upcoming FY 2005 budget considerations.
6. ROAD BUSINESS
A. ROAD COMMISSIONER's REPORT - (See attached)
(1) Item #1 - The 12 year old Swenson 2 CY sander needs to be replaced
as it is beyond repair. The funds are in the Capital Budget. Kelly's Equipment
has a Fisher sander in stock for the amount of about $2,800.
(2) Item #4 - A list of current town highways to be considered for discontinuance.
At this time the Board is not going to consider the discontinuance of
the roads on the list.
(3) Item #5 - There is an oak in the area of the large pine tree on Radway
Hill Road (TH#4) that also needs to be removed as it is considered a Awidow
maker@.
(4) Item #6 - Letter on the issues listed in Items #6, Road and Safety
Issues, are to be written by the Administrative Assistant to the appropriate
people.
4. A. ROAD FOREMAN's REPORT - (See attached)
(1) Item #2 - There is still concern over the overweight vehicles using
the Newfane Highways without a proper permit. Enforcement issues still
exist.
(2) Item #3 - The band rail installation may be delayed until early spring
due to the early freeze up of the soils. F.R. Lafayette, Inc. was awarded
the bid for the band rail.
(3) Item #5 - The cost estimate for the repairs to the Williamsville Hall
boiler have been provided by Jeffers. The estimate is for $1,110. The
Board discussed obtaining the cost to replace the boiler rather than to
just repair it.
6. C. EXCESS WEIGHT PERMITS
No Excess Weight permits were submitted to the Board for action.
6. D. ACCESS/RIGHT OF WAY PERMITS
No other Access/Right of Way permits were submitted to the Board for action.
6. E. ENGINEER - SOUTH WARDSBORO ROAD (TH#1) PROJECT
The Board has not heard back from Matt Beck, Engineer, as to his progress.
6. F. OTHER ROAD BUSINESS
(1) C. Williams spoke with K. Shrader, town employee, while he was cleaning
out a culvert in the area of Baker Brook Road (TH#19). Unknown to the
employee, there is electric service for a pump to an abutting pond that
is used during the summer months. The wire is dangerous and should not
be there.
(2) Again there was discussion regarding the drainage by the D. Miller
property and the South Newfane/Williamsville Fire Department. The property
owner needs to clean out the ditch behind the dwelling and Antique shop
to improve the drainage.
(3) The Board also discussed the erosion across Dover Road (TH#2) from
the Miller residence. VTrans Technician, Paul Gould, does not see a problem
with further erosion. The town will keep an eye on erosion area.
(4) Bea Mac Farland left the final plans for the Newfane Village Sidewalk
for the Board to review and initial. Board members reviewed the plans.
The sidewalk appears to be 4' with 2' shoulders, and two 9' travel lanes.
The parking areas are 7'. The travel lane appears to be less than what
was designed in previous plans. The Board would like to have someone come
in to explain and discuss the final plans before any decision is made
by them. J. Gray should also review the plans as he was involved in previous
discussions of the plans.
7. ADMINISTRATIVE ASSISTANT's REPORT - (See
attached report)
A. Item #1 - G. Katz will discuss the drainage situation on Sunset Lake
Road (TH#42) with J. Gray as it concerns Heida Bredfeldt.
B. Item #4 - Board members were pleased with the information provided
of the comparison of regular, holiday, vacation, personal and overtime
hours and wages of the highway employees for the time period of July 1,
2003.
8. MINUTES
Motion was made by P. Cotton and seconded by G. Baldwin to approve the
minutes of November 20, 2003, as written. Unanimous.
9. CORRESPONDENCE
A. A Legal Notice has been received that there will be a preliminary proposed
Windham County 2004 - 2005 County Budget meeting for Windham County at
the Courthouse on Thursday, December 11, 2003 at 10:00 a.m.
B. There will be an Act 250 hearing on December 16, 2003 with a site visit
at 8:30 a.m. followed by the hearing at the Town Office for the building
of storage units at the site of The Original Flea Market.
C. A note has been received from Walter Phelps asking that he be notified
if the town considers repaving the road through Williamsville. He is concerned
about the level of the roadway.
D. The town has received information from Windham County Humane Society
regarding the amount and type of service supplied to Newfane residents.
E. Correspondence has been received from the VT Department of Public Safety
regarding requests for Homeland Security Planning and Exercise Proposals.
4. C. OTHER OLD BUSINESS
(1) A previous Board reviewed a design for a railing on the steps of the
Williamsville Hall. A new design by Richard Gillis has been proposed for
the amount of $1,375. Motion was made by C. Williams and seconded by G.
Baldwin to approve the design submitted by Richard Gillis for railings
to be installed at the Williamsville Hall. Unanimous. The funds would
come from the capital account for the Williamsville Hall.
(2) Board members agree that the new flag pole should be placed to the
left of the front door (northerly) side of the Town Office. The power
lines should not be a problem.
(3) P. van Loon discussed the scenario of the ALittle@ Brown Church in
Williamsville Hall potential sale and what possible interest that the
town may have in the property. P. van Loon would like to bring the legal
advertisement and copies of the deeds involved to an attorney to determine
the towns interest. Motion was made by P. Cotton and seconded by G. Baldwin
to have the Chairman speak to an attorney regarding the town's possible
interest in the ALittle@ Brown Church. Unanimous.
10. PAY ORDERS
Motion was made by G. Katz and seconded by G. Baldwin to approve the Newfane
Payroll and Accounts Payable Warrants for the following amounts:
11/26/03 Payroll $ 3,167.21
11/29/03 Payroll $ 3,336.75
12/01/03 Payroll $ 1,834.91
12/05/03 Acct.'s Payable #12 $ 21,905.14 Unanimous.
IRS Electronic Federal Payroll Tax Payments
11/26/03 $ 1,712.68
12/03/03 $ 965.56
12. ADJOURNMENT
Motion was made by P. Cotton and seconded by G. Baldwin to adjourn the
Regular Meeting of the Board at 10:30 p.m. Unanimous.
Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen
Posted: Town Clerk's
Office, Newfane Store, Williamsville General Store, and South Newfane
General Store & Deli.
www.newfanevt.com
ROAD
COMMISSIONER's REPORT - 12/04/03
1. Sander Replacement
One twelve-year old sander needs to be replaced. Funding is included in
the Capital Budget. Following conversations with Doris about fund availability,
I authorized Jim to purchase the new sander. Cost will be something under
$3,000.
2. Road Budget
Jim will provide us with his recommendations for the highway budget sometime
next week.
3. Road Foreman Interviews
Chris, Greg Record, and I will begin interviewing the four candidates
as soon as possible. All four seem to have considerable experience and
appear to be good candidates. We'll provide recommendations to the Selectboard
following interviews and reference checks.
4. Road AThrow-up@ Possibilities
Jim and I have discussed several roads that the Board might consider giving
up for a variety of reasons. They include Lynch Bridge Road, Holcomb Road,
William Mundell Road, Pike's Road, Penner Road, Nichols Road, and Jenness
Drive. There are probably others that also should receive some consideration.
The Board needs to decide if and how it would like to proceed on this.
5. Pine Tree Near Brookline Bridge
Bill Guenther got back to me about the Pine Tree. He said AI do not see
any problem with cutting it down as it does present as a tree that is
stressed and given its location will in all probability not improve.@
I have a copy of the specific points supporting Bill's opinion. No decision
is needed until we hear further from Nick Mercede about what he proposed
for the area.
6. Road and Safety Issues
A. The temporary access has still not been closed at the Smith property
on Stratton Hill Road. We might want to send a reminder letter.
B. The Hunter Brook Bridge is no longer safe for use by the gravel trucks.
The center support for the bridge is badly out of plumb, creating a serious
safety hazard. We need to check the agreement related to the bridge and
notify Mr. Paradis accordingly.
C. Two large rocks in the Right of Way in front of 5 Duke Road pose a
safety hazard for vehicles and have the potential to cause serious damage
to Tow vehicles and equipment during plowing. We need to send a letter
to the property owners explaining this and asking them to remove the rocks.
Gary Katz, Road Commissioner
ROAD FOREMAN's
REPORT 12/04/03
TOWN OF NEWFANE HIGHWAY
1. Roads are being
shaped up where rough prior to freeze-up at weather permits. Fallen leaves,
rain, and high winds have kept the road crew busy cleaning culverts, pitches,
and smoothing up highways.
2. Overweight trucks are using our bridges and highways without overweight
permits. An overweight well drilling truck crossed Van Kirk Bridge #41
last Friday. Bridge posted for 24,000 lbs.
3. The band rail may not be done until next spring because of the early
freeze up according to Brent Tewksbury of Lafayette, Inc.
4. Equipment: A. The Swenson 2 CY sander is beyond repair. A new sander
is needed. B. The F-550 oil pan rusted out. It was repaired under warranty.
C. 4 X 4 Chevy wiring caught fire causing much repair.
5. The Williamsville Hall boiler should be repaired before long. An estimate
of cost was done by Jeffers. The Exeter, NH church burned up due to a
faulty furnace.
6. Winter sand has been stockpiled, 1,432 cubic yards.
Respectfully submitted,
James O. Gray, Road Foreman
To: Newfane Selectboard
MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: December 16, 2003
1. Heida Bredfeldt called last week about drainage and a plugged culvert
by her property on Sunset Lake Road (TH#42). I spoke with G. Katz and
J. Gray about the matter. I think that Jim did do some work before she
called, but the culvert is plugged again. She feels that the town should
divert the water before the culvert gets plugged again.
2. Bea MacFarland
has left the final plans Newfane Village Sidewalk plans for the Board
to review and initial. If the Board has any comments or questions, please
let her know.
3. The copies of the
applications received for the Road Foreman position have been made for
the interview committee.
4. With assistance
from Shelba, I put together information for the Board pertaining to the
hours worked, Regular, holiday, vacation, personal and overtime since
the beginning of the Fiscal Year, July 1, 2003 for the members of the
highway crew. You may find the information interesting and useful.
5. The Access/Right
of way policy is waiting for the inclusion of a sentence to explain the
purpose of the policy along with the inclusion of language for requiring
B 71 Standards and a minimum of one foot of base over a culvert. |