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Board of Selectmen Meeting Minutes

Any and all corrections to the following minutes will be made at the 09/06/01 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
AUGUST 16th, 2001
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Lynn Bedell, Jesse Anderson, Fred Bacon, and Richard Marek.
Absent: Mike Rohan
Also Present: Susan McMahon and Steve Ovenden of Windham Regional Commission, Bea Mac Farland, Charles "Bud" Bergmann, David Clarkson representing Barbara Kafka, H.W. Piet van Loon as Zoning Administrator, James Gray as Road Commissioner, and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Vice-Chairman Lynn Bedell at 7:00 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. VT ROUTE 30 CORRIDOR STUDY UPDATE - S. McMAHON - WRC
Susan McMahon and Steve Ovenden from Windham Regional Commission were present to discuss the draft report and conceptual plans for Vermont Route 30 Traffic Calming Program, in particular for Newfane. The study participants include personnel from WRC, VTrans, Kimberly Murray, Floyd Roberts, and Sam Lewis, members of the Route 30 Implementation Committee which includes Piet van Loon and Bud Bergmann from Newfane as well as other representatives from Winhall, Jamaica, Townshend, Dummerston, Brattleboro, Village of Newfane and the Stratton Corporation. Consultants from Stevens & Associates and Buckhurst Fish & Jacquemart were also involved. Having the state involved helps to know what can an cannot be done within the state highway system and what the specifications are.

S. McMahon stressed that these plans are conceptual in nature. There will be a questionnaire given to the abutters of the project to ask if they support the project or not and they will be allowed to comment. There should be a 67% approval rate before proceeding with the project. Some indicated that the approval should extend beyond just the abutters. It was suggested that there be a weighted vote for the abutters, a vote by residents of the Village and another vote by the town. Once the approval vote is obtained, each Selectboard will be asked to vote on the project within their community. VTrans will review the plans and then funding for the project will be applied for. Funding sources may be from the Bicycle, Pedestrian Pathways (90/10), Enhancements Program (80/20), and Urban and Community Affairs. Stratton Corp. may also assist with a match.

Those present reviewed the conceptual design for Newfane and discusses some of the various aspects of the proposal. Some felt that the proposed textured pavement from the Newfane market north just beyond the Newfane Country Store may be too noisy. It was suggested that the four crosswalks being suggested be painted a solid color to bring more attention to them. Questions were raised as to how best handle the wide assess into the Newfane Market.

There are proposed median islands at each entrance to the Village area (north and south). The medians may be flat or raised. Jamaica has chosen a flat median. It was suggested that Steve Barrett of Brattleboro be contacted about how he deals with the winter maintenance issues regarding medians and the like.

Traffic calming issues are being raised throughout the state for motorists speeding through the village areas. The Vermont Route 30 Traffic Calming Program is one of the first to be developed and may be a model for other regions. S. McMahon would like to get comments from the Board, Route 30 Implementation Committee members and others by September 6th.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. Barbara Kafka - Old Road - A letter has been received from Barbara Kafka asking that a letter be written to indicate that an Old Road that goes through her property off of South Wardsboro Road (TH#1) is not part of the town highway system and is private property. She has been having problems with recreational vehicles and someone who is cutting trees on either side of the road. She does not intend to limit hunter or walker access. D. Clarkson explained the problem and brought maps to show that the road is not on the highway system. DAK also had maps available for review. Motion was made by R. Marek and seconded by J. Anderson to write a letter to Barbara Kafka indicating that the "Old Road" through her property is not on the town highway road system. Unanimous.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT (See attached report)
(1) J. Anderson indicated that there needs to be a contract for the South Wardsboro Road (TH#1) guardrails and for Bridge #32 on Bruce Brook Road (TH#45), both flood work projects.

(2) Bazin Bros. Construction will be starting the Vic Benjamin Road (TH#64) bridge (BR#43) after September 1 st.

(3) The roadside mowing has not yet been started. It is supposed to be completed by September 1 st. DAK will contact the contractor.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #6 - Dave Miller of CVPS called about parking a trailer at the town garage during the time of the replacement of poles between Williamsville and South Newfane. J. Anderson recommended having CVPS use the old town garage area.

4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were presented to the Board for action.

4. D. ACCESS/RIGHT OF WAY PERMITS
(1) Motion was made by J. Anderson and seconded by R. Marek to sign the Approval to Proceed with Access Permit #A01-09 submitted by Walter Searchfield for a new residential access onto Baker Brook Road (TH#19) at property lot # D68. B71 standards to apply. The culvert requirement is waived. Unanimous. This permit replaces #A95-17 which had not been completed.

4. E. OTHER ROAD BUSINESS
(1) The preliminary plans for the rehabilitation of Bridge #14 were received from Roger Whitcomb of VTrans on July 30th. He would like the Board to review and comment by August 31, 2001. The Board reviewed the plans. The current two-foot wide sidewalks are to be removed. The railing as selected by the Board has been included. From the plans, it is hard to tell if the request to have traffic is to be off center to accommodate the painting of a walkway section on the store side of the bridge. Comments concerning the painted walkway area will be forwarded to the state.

(2) Board members discussed budgeting for the painting of white lines on the edges, especially through the villages. It may also be something to include in the paving bids. The newly painted center and edge lines on South Wardsboro Road (TH#1) flood work are an asset.

6. C. OTHER NEW BUSINESS
(1) Potential Zoning Issues - J. Gray informed Piet van Loon that he heard a rumor that there is 2,000 years of gravel being brought into the "goat farm" which has an access off of Depot Road (TH#2) and Lost Mile Road (TH#43). Piet indicated that they have a permit for a building. They are also doing some logging on the property. Piet was also asked about the Thrower gravel pit on Depot Road (TH#2) being leased by Clark's and the Holcomb pit off of Hunter Brook road (TH#32) being used by Ralph Paradis. He feels that the Thrower pit is grandfathered and he will look into the Holcomb pit operation.

(2) Mobil Home Ordinance - The information has been located in the town record books that the Mobil Home Ordinance and the Trailer Park Ordinance were approved at a special town meeting held on July 15, 1969. In effect, the Board of Selectmen are the administrators of these two ordinances. Piet will write a letter to property owner, Roger Sparks, regarding having two mobile homes on his property. The definition of a Mobil Home Park, land upon which two or more mobile homes are parked and occupied for living purposes.

(3) Tag Sale Business - A note has been received from the Schommer's asking the Board to put limitations on the yard sale/tag sale industry in Newfane. The note also has been given to the Planning Commission. Piet indicated that Greg Andrews, who has been having tag sales in Newfane, will be meeting with the Planning Commission on August 21st to discuss an amendment to his current permit. There is a difference between a tag sale and a business. R. Marek will draft some language regarding tag sales based on the Brattleboro ordinance which limits the number of tag sales allowed per year.

(4) Zoning Bylaw - The Board discussed the status of the proposed amendment to the current Zoning Bylaw. The current bylaw is not adequate for what is happening in the state. L. Bedell suggested that there be an interim ordinance passed for cell towers to be in place while waiting for the bylaw. Piet indicated that there has not been enough ground work done on cell towers to enact an ordinance at this time. It was suggested that the Conservation Commission be asked to work with the Planning Commission on the siting realistic locations for cell towers within Newfane. R. Marek will contact L. Bacon of the Conservation Commission.

5. A. TRAFFIC CALMING/SPEED ENFORCEMENT
DAK reported that M. Rohan spoke with Deputy H. Farnum about having the kick off date for the ongoing speed enforcement program be September 15th. Deputy Mark Murano will be the overseer of the program. The traffic counters are in place in Williamsville on depot Road (TH#2) and on West Street/South Wardsboro Road (TH#1). Board members will review the signs needed in Williamsville/South Newfane in conjunction with what is being proposed for the Village of Newfane Route 30 corridor study. R. Marek would also like to see a representative from the VT State Police attend the September 6th meeting to discuss speed enforcement along Route 30.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #1 - The Board should be receiving a contract from Patriot Properties for the upcoming town-wide reappraisal. The contract will be reviewed by the Board, the Listers and an attorney for the town.

B. Item #2 - It was suggested that first someone should check to make sure that the internal modem on the Listers computer has been activated, as that may be why the connection with Property Valuation and Review is not working. If the internal modem needs to be replaced, it would be best to wait for the new computer that the Lister will need for the reappraisal.

C. Item #4 & 6.B. HAZARD MITIGATION PROGRAM - WILLIAMS PROPERTY - The town has received the documentation from the FEMA Hazard Mitigation Program. FEMA has approved the buy out of the Williams property on Steep Way (TH#1). A Memorandum of Understanding has been included for signature of the Subgrantee, the Town of Newfane. After some discussion, the Board decided to review the documentation further and to ask questions of other communities who have dealt with this program as well as asking more questions of FEMA and VEM. After the Memorandum has been signed, there will have to be a title search and a closing date established for the purchase of the property. Cost will be covered for the title search, closing costs and demolition. R. Marek and DAK will make the calls regarding the questions to be asked of the various entities.

D. Item #5 - The Board members agreed to meet at 5:30 p.m. on September 6th at the intersection of River Road (TH#15) and Radway Hill Road (TH#3) with all of the interested parties to come to and agreement on the design of the intersection to be used for the Act 250 hearing.

E. Item #6 - There was much discussion about whether the upcoming auction at the Williamsville Hall was a mix of raising money for the hall and a commercial enterprise. If it is a mix, some members felt that rent should be paid. If it is strictly for raising money for the hall with donated items, no rent monies will be requested. J. Anderson indicated that money is being raised for the town and no rent should be charged. Motion was made by L. Bedell and seconded by F. Bacon to have the auctioneer, Greg Andrews, state which items are being sold to raise money for the hall and which items are not and to charge $50.00 for the two to three day use of the hall. In favor: L. Bedell, F. Bacon, and R. Marek. Opposed: J. Anderson. Motion passes.

(5) Grand List - An application for a correction to the Grand List has been received from the Listers. Fire destroyed a mobile home and adjacent structure on River Road (TH#15) on property owned by David Berrie and Fred Jenness on April 28th. Motion was made by L. Bedell and seconded by R. Marek to have the Board members sign the correction to the Grand List for property D171.3 owned by David Berrie and Fred Jenness from $31,242 to $17,800. Unanimous. The Abatement of Taxes will have to go before the Board of Abatement.

(6) 2002 Enhancements Program Letter - A draft letter was prepared by Fred Bacon and Paul Van Gelder to indicate that the Board supports the need for public rest rooms in the Newfane Village area. The letter is to be included within the grant application to the Agency of Transportation Motion was made by R. Marek and seconded by F. Bacon to have Vice-Chairman Lynn Bedell sign the letter on behalf of the Board. Unanimous.

(7) Invoice - R. Russell Rice - An invoice for the amount of $100 has been received from R. Russell Rice, Certified Appraiser, for his assistance in reviewing the RFP and the proposal received for the town wide reappraisal. Motion was made by R. Marek and seconded by F. Bacon to approve the invoice received from R. Russell Rice in the amount of $100 and to add it to Check Warrant #4 to be signed later in the meeting. Unanimous.

8. MINUTES
The minutes of Board meetings of 07/19/01 and 07/26/01 were reviewed by the Board. The minutes of 08/02/01 will be considered at the meeting of the Board to be held September 6th. ADDITION - Minutes of 07/26/01, page #1, Item #2, first sentence. Change to read - "William J. Krajeski, Vice President of Customer Relations, for Patriot Properties, Inc. was invited to meet...."

Motion was made by J. Anderson and seconded by R. Marek to approve the minutes of 07/19/01 as written and the minutes of 07/26/01 as corrected. Unanimous.

9. PAY ORDERS
Motion was made by F. Bacon and seconded by J. Anderson to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
08/04/01 Payroll $ 2,432.72
08/11/01 Payroll $ 2,797.61
08/15/01 Payroll $ 693.96
08/17/01 Acct's Payable #4 $ 295,732.36
Unanimous.

IRS Electronic Federal Payroll Tax Payments
08/08/01 $ 1,591.67
08/15/01 $ 847.13

10. CORRESPONDENCE
(1) A copy of a Deferral of Permit for subdivision from the state Department of Environmental Conservation for Henry Pinckney regarding sale of lot to Gloria Cristelli.

(2) Copy of a letter from the District #2 Environmental Commission to Robert Bursky for improvements to Kindle Farm, the "Old Onyon Farm".

(3) A copy of a letter to Robert Bursky from the state Wastewater Management Division regarding a list of information needed before a Water Supply & Wastewater Disposal Permit can be issued for the Kindle Farm .

(4) Project Review Sheet issued by the Agency of Natural Resources regarding the Village of Newfane Traffic Calming project along Route 30. No Act 250 is required.

(5) Letter received from the Valley Health Council thanking the Board and the voters for the allocation to the council in the amount of $2,410.

(6) Letter from John Feifel, Sewage Control Officer, to the Board indicating the William and Sandra Sorrell have connected their travel trailer to a newly installed septic system.

(7) Copy of a letter written by John Feifel, Sewage Control Officer, to Donald and Liptack that the property may not be used for human habitation until the current failed septic system is replaced.

(8) The schedule for the VLCT 2001 Town Fair & Field Day to be held on September 27 at Killington has been received.

(9) Fred Bacon provided the Board member with information abut Stand and Computer controlled speed signs.

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 10:25 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 COMMISSIONER'S REPORT - 08/02/01

1. CALLS
* Jory Smith, Wiswall Hill (TH#11). Wants rubble removed from swale by his driveway. Jim will do it this season at the same time as he does flood work culvert just above (beyond) Mr. Smith's.

* Crega drainage (above Lessing's Store). Crega's to cut small trees in the brook. Town to dig out roots and make a swale into the widened/cleared channel. (Prevents Timson Hill (TH#41) runoff from flooding Lessing's property somewhat).

* 2 or 3 others handled directly by Jim.

2. PROJECTS
FLOOD WORK
* 1. Fitzpatrick is working on Steep Way (TH#21). Several headers have been poured. Estimated 2 weeks of work is on track for completion. 2 trees cut, stumps removed. Details of culvert extension at the top negotiated with owner.

* 2. Guard rails for South Wardsboro Road (TH#1) - no information. Not under contract yet. * Needs action soon.

* 3. Steep Way Bridge (BR#32). One estimate received by Bill Noyes. No new information. Not under contract yet. * Needs action soon.

* 4. Fitzpatrick miscellaneous projects/Phase II. To start after Steep Way (TH#21) done.

* 5. Town Projects. To be done this fall.

* Wiswall bridge /wing wall. Gurney responded to correspondence from the town.

* Vic Benjamin Bridge/Culvert. No new information from Bazin to start after September 1.

* Guard rails by Town. Fall Project.

* Mowing - Roadside mowing not started. Due to be completed by the end of August.

* River Road/Radway Hill Intersection. Meeting set for September to review Beck's plans.

* Covered Bridge (CB#17) - No new information

* South Newfane center bridge (BR#14) - No new information.

* Brookline/Newfane Bridge (BR#19) - No new information.


Road Commissioner
Jesse Anderson



ROAD FOREMAN'S REPORT 08/16/01
TOWN OF NEWFANE HIGHWAY

1. The following roads were worked on since the last BOS meeting: South Wardsboro Road (TH#1) graveled section, Newfane Hill Road (TH#20) from Grimes Hill Road (TH#5) to Freeman's, Jenness Drive (TH#80), Stratton Hill Road (TH#35), and New Road (TH#30). Roads are very dry due to lack of rain. Chloride does not help much. Roads are being graveled.

2. Fitzpatrick Crushing and Excavating started flood work on Steep Way (TH#21) on August 13, 2001. Headwalls are being poured with concrete.

3. Equipment:
A. The chloride spreader axle has been repaired.
B. The Jacob brake in the L-9000 was repaired at Twin-State.
C. All other equipment is operational.

4. Road signs have been ordered from Vermont Correctional Center in Windsor.

5. Culverts for flood work on Wiswall Hill Road (TH#11) and Loop Road (TH#76) were picked up at Burtco in Westminster.

6. CVPS started replacing utility poles today in South Newfane. Dave Miller called requesting permission to leave a construction trailer at town garage during pole setting project.

7. Brush and grass around band rail and guardposts has been cut on Dover Road (TH#2), Auger Hole Road (TH#3), Depot Road (TH#2) and Grimes Hill Road (TH#5).



To: Newfane Board of Selectmen
Memorandum From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: August 16, 2001

1. A letter of intent to contract with Patriot Properties has been sent. To date a contract has not been received. I spoke with Bill Krajeski about the licencing fee scenario to possibly have the full rate for a year or two and then the lower rate. He is willing to work out any way that will best suit the town. He is very anxious to start the project in the upcoming months.

2. The current Listers computer is not able to connect with Property Valuation & Review as the internal modem on the machine is not working. I would recommend that we wait until the new machine arrives before replacing the internal modem.

3. I wrote to Donald Gurney of Gurney Bros. regarding repair of Bridge #43 on Wiswall Hill Road (TH#11). We have each called and left messages, but have not spoken with him as yet.

4. I spoke with Angela Margara of Vermont Emergency Management regarding the Memorandum of Understanding to be considered for the acquisition of the Williams property on Steep Way (TH#21). If the document is signed, the town will need to have a title search and closing date for the purchase. Cost will be covered for the title search, closing costs and demolition. The taxes due on the property will also be paid through the program. I also hear from another party who may wish to purchase the property from Patricia Williams. I asked A. Magara about there being an outside purchase, and she indicated that would be fine, the monies allocated would be used for another project. I also spoke with D. Williams and he indicated that the flood buy out program would be more to his advantage than a private sale, so he is probably not going to sell to a prospective buyer.

5. Attorney O'Connor will be out of town during September, so he suggested that I contact Bill Jewell about having a meeting in September for the River Road (TH#15)/Radway Hill (TH#4) intersection project. Bill suggested having the meeting before the Selectmen's meeting of September 6.

6. Greg Andrews has rented the Williamsville Hall for an Auction to be held on August 26th. He will need the hall for one or two days before to set up. I understand from him that some items are to be donated to the auction to raise money for the hall. I did not ask him for rent as yet, but feel that if this is part commercial and part fund raiser, then he should consider paying something. The rate at this time of year is $25.00/day for Newfane Resident activities.
 


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