MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
APRIL 3rd, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Priscilla Cotton, Gary Katz and Chris Williams.
Absent: Gorty Baldwin
Also Present: Roger Whitcomb, Mike Tuttle and Tom Lackey of VTrans, Edward Druke, Sr., and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman at 6:30 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. R. WHITCOMB & M. TUTTLE - VTRANS - BRIDGE #14
Roger Whitcomb, Mike Tuttle and Todd Lackey of VTrans were present to discuss Bridge #14 and the Covered Bridge (CB#17). They looked at both structures before coming to meet with the Board.
The pier under Bridge #14 is susceptible to scouring. It is not on ledge, but is on glacial till. The footing is less than three feet deep. The stream has degraded over the years. The bridge was built in 1947. During 1973 or 1976 the stream was reworked on both sides after some heavy localized rains. The discussion ensued as to whether to rehabilitate the existing bridge or to replace the bridge with a single span. The current estimated cost of rehabilitation would be $650,000 with the town paying 5% or $32,500. The cost of a new bridge is estimated to be 1.2 million with the town paying 10% or $120,000. The earliest that the bridge will be started is during the 2006 construction season. With a new bridge additional work will be needed for land acquisition. A new bridge at the site would give a better alignment. The town would have a few years to build up the fund for a new bridge if the work is not to be done until 2006. If the bridge is to be rehabilitated, the condition of the pier with continued scouring could be at risk. With a new bridge the width will be 26' rail to rail. The current bridge is 23'. Motion was made by C. Williams and seconded by P. Cotton to replace Bridge #14 on Dover Road with a new bridge. Unanimous. A letter will be written to R. Whitcomb so that he will have the decision in writing.
The Board discussed the status of the Covered Bridge (CB#17). The state covered bridge committee, which includes representatives from Historic Preservation, have determined that the bridge is to be rehabilitated to save as much of the current structure as possible. In order to obtain the weight capacity of 40 thousand pounds, support beams will need to be put under the bridge. Concerns were raised about the stream channel under the bridge being able to handle potential ice jambs. The representatives from the state after looking earlier during the day seemed to think that support beams would not be a problem for the stream channel, but they will review the hydraulics again. Since the dam has gone out, there does not seem to have bee a problem with ice jams. They may be able to raise the South Newfane side of the bridge which may help the alignment, but not the Williamsville side. The VTrans representatives were thanked for their time in coming to talk with the Board about these two bridges.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
E. Druke reported on the meeting of the Village Enhancement Committee this morning on the Newfane Common. They may be planting three maples to replace those trees that have been removed due to disease or age.

2. B. OPENING OF BIDS - PAINTING OF WILLIAMSVILLE HALL
The following bids were received for the painting of the outside of the Williamsville Hall building.

Before the Board makes a decision at their meeting of April 17th, the bids will be compared for the methodology of the work to be done and type of paint to be used as well as reference checks. G. Katz indicated that he will not be in attendance at the next meeting, but would prefer the low bid.

4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #1 - Mud season problems seem to be subsiding. Some of the area communities has to close roads due to excessive mud.
(2) Item #2. B. - The rear end in the Mack truck has been repaired with reconditioned parts at State Line in New Hampshire. C. Williams felt that it could have been repaired at the garage and that it shouldn’t have been driven to NH.
(3) Item #3. B. - The Board agreed to meet at the site on South Wardsboro Road with Bryan Light on Wednesday, April 9th at 5:00 p.m. to review both proposed access configurations on the access application submitted by Bryan Light. There is also a bridge to be installed.

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

4. C. EXCESS WEIGHT PERMITS
Motion was made by G. Katz and seconded by C. Williams to approve the following Excess Weight Permits as listed:

4. E. OTHER ROAD BUSINESS
(1) C. Williams indicated that the road crew is doing a good job in dealing with the “mud” season this year.
(2) A response has been received from Bud Bergmann relating to questions asked by the Board in a recent letter to him regarding drainage in the area of his property in South Newfane. Suggestions were made by Mr. Bergmann on how to improve the drainage situation. Diagrams were also for clarification. The Road Commissioner and the Road Foreman will review the information presented. Any proposed solution should keep in mind the church parking needs.
(3) The Board reviewed a Winter Maintenance Repair policy which came from a draft created in June of 1997. It was unclear from the 1997 minutes if it had been adopted at that time. The policy deals with damage to private property within the town highway right of way which occurred as a result of ordinary winter maintenance. Suggested changes were made to the policy. The Board will consider the changes and adoption of the policy at their next meeting on April 17th. (4) C. Williams reported a trailer that has been moved closer to Baker Brook Road (TH#19) this last fall. The trailer is in danger of collapsing. The property owner should be contacted about the removal of the trailer.

5. A. DRAFT PERSONNEL HANDBOOK
P. van Loon suggested that that two Selectboard members meet with F. Bacon and L. Bedell and review the proposed personnel handbook. P. Cotton asked if the document is close to being finished. If so, the current Board can read through the document and address any thoughts and questions that they may have at a future meeting. The Board may decide to incorporate the current Sexual Harrassment Policy into the new handbook. Another area that has been proposed for a change is to pay overtime after 40 hours and not after 8 hours.

6. NEW BUSINESS
A. APPOINTMENTS
(1) REPRESENTATIVE TO RESCUE, INC.
A possible candidate has been contacted, but no response has been received as yet.
(2) ZONING BOARD OF ADJUSTMENT - TERM - 2007
No recommendations were made for a possible new member to the ZBA. One possible candidate, who will be contacted, was mentioned
(3) CONSERVATION COMMISSION - TERM - 2007
The Conservation Commission has not made a recommendation to the Selectboard for a new member to be appointed to the commission.
(4) VERMONT GREEN-UP CO-CHAIRMAN
Motion was made by P. Cotton and seconded by C. Williams to appoint Thanice Petrak to serve as the Co-Chairman for Vermont Green-Up along with Laura Bacon. Unanimous.
(5) ACTING ZONING ADMINISTRATOR
Motion was made by G. Katz and seconded by P. Cotton to appoint John J. Feifel, Sr to serve as the Acting Zoning Administrator for a period of three years (March 31st, 2006) at the recommendation of the Planning Commission. Unanimous. The job of the Acting Zoning Administrator is to act during the absence of the Zoning Administrator.

6. C. OTHER NEW BUSINESS
(1) There is a possibility that the town will be required to construct a building to contain winter sand/salt mix. The town currently has a salt shed. The Board should be thinking about this.
(2) C. Williams has reviewed the town owned buildings and provided a list for the Board on each building. The various items were discussed. DAK will contact Phoenix roofing for an estimate to repair the slate at the Williamsville Hall and the Town Office. The tin roof at the old town garage leaks. A window in the new town garage broke from snow coming off the roof and needs to be replaced. At the town garage, the switch for the light over the fuel pumps is in the salt shed under lock and key. It makes it difficult at night in the winter time for the crew. A motion detector was suggested, but that would come on more than necessary. The frame on the front porch on the Williamsville Hall is in good shape, but it appears that the trim needs to be looked at and possibly replaced. The back door to the town office may need to be replaced. Several florescent lights at the town office need to be replaced. There was a suggestion made for color correct florescent lights, but they are more expensive. The list will be reviewed and items will be taken care of and reviewed.

10. CORRESPONDENCE
A. Notification has been received from the Agency of Natural Resources, Dept. Of Forests, Parks and Recreation, that the Newfane Conservation Commission has received a grant in the amount of $11,105.80 for trail improvements to the hiking trails on the Town Forest located on the Town Garage land.
B. The Planning Commission has completed their public hearing process for the proposed Zoning Bylaw Amendments. The Selectboard decided to hold their public hearing on the proposed Zoning Bylaw Amendments on Thursday, May 1st, 2003 beginning at 7:00 p.m.
C. A letter has been received from the Windham Solid Waste Management District which indicates that the District no longer uses the services of the Community Service Program. Because of this, the District does not have the labor to assist in cleaning the recycling sites. The District is asking the towns to keep the sites picked up. Those who are found depositing trash may be prosecuted. The member towns may bring trash left at the sites to the District for free disposal.
D. A draft of the Windham Solid Waste Management District Solid Waste Plan has been received for Board members to review and give any input to the District. The draft plan is to be sent to ANR before May 1, 2003 for “pre-approval”. There will also be a period for public comment when the final plan is out later in the year.
7. ADMINISTRATIVE ASSISTANT’S REPORT
A. Item #2 - The Moore Free Library site review hearing documentation was reviewed regarding the handicap sign and pavement markings. The sign and the markings are the responsibility of the library and not the town. Motion was made by P. Cotton and seconded by G. Katz to have a letter written by the Chairman to the library regarding this matter. Unanimous.
B. Item #4 - The Board reviewed the Policy for the Distribution of Funds to Special Appropriation Recipients for possible changes. Some asked why the appropriation, if approved at town meeting wasn’t just paid to the organization? Suggestions were made to make the policy more straight forward and consideration for what makes sense.
C. The DAK will be reviewing the AA job description before meeting with P. van Loon to see where it fits and where it does not fit.
D. DAK would like to attend the seminar in Montpelier on Wednesday, April 23rd that will review the Legal Aspect of Property Taxes. The session is designed for the Board of Civil Authority and the Listers. No Board members expressed interest in attending. The Municipal Officers Meeting is on Thursday, April 24th in Springfield which most of the Board members will be attending.
E. The Board has received the Revenue, Expense and Capital Funds financial information for February of 2003.

8. MINUTES
Minutes of 03/20/03 - CORRECTIONS: Page #4, Item 5. B. (5) “A letter was written to the owners...” Item 5. B. (6) “P Cotton asked about (asked about) the question raised...” Page #5 Item 6. C. (4) “The Board members will continue the process of meeting with area towns, ...”. Motion was made by G. Katz and seconded by P. Cotton to approve the minutes of the Regular Meeting of 03/20/03 as corrected. Unanimous.
Motion was made by P. Cotton and seconded by G. Katz to approve the minutes of the Special Meeting of 03/27/03, as written. Unanimous.

10. CORRESPONDENCE - (cont.)
E. A letter has been received from the ANR Water Quality Division which indicates that the Multi-Sector General Permit (MSGP) for stormwater discharge for industrial activities will be delayed. The letter also indicates that Vermont is currently seeking a 5-year extension from the federal regulation that would require regulated entities under the MSGP to cover or enclose salted-sand piles to prevent exposure to precipitation.
F. A thank you letter has been received from Health Care and Rehabilitation Services of Southeastern Vermont for the financial support of $1,850 voted on Town Meeting Day.
G. The March 2003 issue of the VLCT News has been received.
H. The April 2003 issue of Opinions has been received.. It is a publication from the Office of the Vermont Secretary of State.

9. PAY ORDERS
Motion was made by G. Katz and seconded by P. Cotton to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
03/22/03 Payroll $ 2,658.78
03/29/03 Payroll $ 2,860.36
04/01/03 Payroll $ 2,157.31
04/03/03 Acct.’s Payable #21 $ 300.00
04/04/03 Acct.’s Payable #22 $ 30,429.38 Unanimous.
IRS Electronic Federal Payroll Tax Payments
03/26/03 $ 1,076.59
04/02/03 $ 845.56

6. B. GOALS & OBJECTIVES
The Board reviewed the Goals and Objectives list as prepared by the previous Board. Some of the items have been completed. The various items were explained to the new Board members. The list will be updated and new items will be added. The Board will review the list from time to time at future meetings.

11. EXECUTIVE SESSION
No matters came before the Selectboard that required Executive Session.

12. ADJOURNMENT
Motion was made by P. Cotton and seconded by G. Katz to adjourn the Regular Meeting of the Board at 10:05 p.m. and convene a meeting of the Local Board of Liquor Control Commissioners. Unanimous.

13. LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
Motion was made by P. Cotton and seconded by G. Katz to approve the First Class Liquor License applications for Baldwin Hospitality Enterprises, Inc.- DBA - Four Columns Inn, Joed, Incorporated - DBA - Rick’s Tavern, and Newfane Inn, Inc. - DBA Old Newfane Inn. Unanimous.
Motion was made by G. Katz and seconded by P. Cotton to approve the Second Class License application for James R. Borta - DBA - Newfane Market. Unanimous.
Motion was made by P. Cotton and seconded by G. Katz to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:13 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 of 04/03/03

1. Mud Season

The mud on roads seems to be easing. However, the current rain, freezing rain, snow combinations are creating their own problems. If the crew goes in to plow on the still-soft dirt roads now, the trucks will do more damage to the roads than good. In addition, potholes are a continuing concern. The crew continues to stay on top of specific problems that are identified and continues to be very responsive to calls that I’ve received and shared with them.
2. Weekly Meetings with Road Foreman

A. Jim Gray and I met on 3/26 and 4/3. We did site visits related to the grant applications that the Select Board approved on 3/27.

B. I agreed with Jim that we purchase reconditioned parts for the rear end of the Town truck that he took to New Hampshire for repair. The reconditioned parts will result in a $4,000 rather than $3,500 cost but will have a one-year warranty.

C. We discussed the possibility of a broom attachment for the backhoe. No funds have been budgeted for this, although it would be a good idea to look into the costs. Jim believes this equipment could be helpful to some extent, but that a lot of material needs to be cleaned up by shoveling, too.

D. Jim pointed out that three members of the crew are closing in on retirement age. While nobody has announced any specific plans, we probably need to be sensitive to the possibility of recruiting and hiring to fill positions within the next several years. (Retention of crew members has generally not been a problem.)

3. Permits

A. No new permit applications have been received.

B. Just a reminder, Bryan Light would like to be there when we do the site visit related to access and the bridge at his property on South Wardsboro Road.

Gary Katz, Road Commissioner

ROAD FOREMAN’S REPORT 04/03/03
TOWN OF NEWFANE HIGHWAY

1. The following roads have experienced mud season to some degree: South Wardsboro Road (TH#1), Wiswall Hill Road (TH#11), River Road (TH#19), Newfane Hill Road (TH#20), Timson Hill Road (TH#41), Lost Mile Road (TH#43), Baker Brook Road (TH#19), Parish Hill Road (TH#26), Deer Hill Road (TH#37), Beetlestone Hill Road (TH#47), and Adams Hill Road (TH#27). The worst of mud season may be over.

2. Baker Brook Road (TH#19), Parish Hill Road (TH#26) and South Wardsboro Road (TH#1) have been posted for mud season.

3. Equipment: A. The ‘90 Mack differential (rear) is being repaired at State Line in Fitzwilliam, NH. B. The sander has been taken off the L-9000 and replaced with dump body. C. All other equipment is operational.

4. Street signs that are missing have been ordered from VCI.

5. Highways to be graded and raked as soon as weather permits.

Respectfully submitted,
James O. Gray, Road Foreman

ROAD FOREMAN’S REPORT
BRIDGES

The following bridges have failed in Newfane due to the undermining of abutments since 1976:
1. Bridge #45 - Hunter Brook - Schultz
2. Bridge #57 - Hunter Brook - Hickey Road (TH#69)
3. Bridge #32 - Bruce Brook Road (TH#21)
4. Bridge #64 - Smith Brook - Loop Road (TH#76)
5. Bridge - Magee’s Private - Rock River

The following bridges need to be monitored due to faulty abutments or piers:
1. Bridge #57 - Hickey Road (TH#69) - Hunter Brook
2. Bridge #15 - Monroe Bridge - Rock River
3. Bridge #8 - Robinson’s - Smith Brook
4. Bridge #14 - South Newfane Store - Marlboro Branch

Bridge #49 - Parish Hill Road (TH#26) - Eastern abutment footing was repaired by Zaluzny.

I recommend removing the pier on Bridge #14 by South Newfane Store and replacing bridge with single span bridge. If the pier fails the money spent to refurbish will be wasted.

Respectfully submitted, James O. Gray

To: Newfane Selectboard MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant’s Report
Date: April 3, 2003

1. The Highway Grant Applications have been delivered to District #2 in Dummerston thanks to Piet.

2. Myra Fassler stopped by to suggest that now that the snow is gone, the handicap sign should be installed by the town in front of the library.

3. There is a proposed Town Policy on Winter Maintenance Repair included with your information to be considered for adoption.

4. There is also a policy statement for distribution of funds to special appropriation recipients for the Board to review and make any improvements that they feel may be necessary.

5. A list of four liquor license renewals has been included with your information for the Local Board of Liquor Control Commissioners to act on this evening.

Please send all comments, suggestions and questions to info@newfanevt.com