MINUTES -REGULAR MEETING - BOARD OF SELECTMEN
APRIL 4th, 2002
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Jesse Anderson, Lynn Bedell, Gary Katz, Richard Marek and Piet van Loon.
Also Present: John Spicer of Village Enhancement Committee, Ed Druke, Gunther Garbe of Planning Commission, Shelbajean Hescock as Town Treasurer, James Gray as Road Foreman and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Richard Marek at 7:00 p.m.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. The town has a note in the amount of $100,000 with Chittenden Bank that will be due on April 30th. The Board may extend the note for 30 or 60 days. Motion was made by P van Loon and seconded by R. Marek to extend the note of $100,000 with Chittenden Bank for an additional 30 days. Unanimous. The note is to cover the extraordinary expenses for the flood of July 2000. When the flood audit is completed, there will be additional funds coming from FEMA and the state to help cover the costs of the note.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. VILLAGE ENHANCEMENT COMMITTEE - JOHN SPICER
John Spicer, Village Enhancement Committee, came to request that the town assist in the payment of the eight trees that are to be planted in the South Newfane Area. The Village Enhancement Committee has approximately $1,694 in their account. They will need a total of $2,180 for the purchase of the trees from Martin Webster. The $500 will be returned to the town when the other half of the grant, $1,328 is received after the final match reporting is completed in June. Motion was made by L Bedell and seconded by R. Marek to have the town pay for the extra amount needed with the understanding that the town will be reimbursed when the final grant funds are received. Unanimous.
The VEC has also received a $200 mini-grant for a planting to be done at the entrance to Williamsville. It was suggested that any "Welcome" signs planned for the entrances to the Williamsville, South Newfane, and Brookside villages should be consistent with the Newfane Village entrance signs.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
B. Shelbajean Hescock has indicated to the Board that she is interested in serving the town as a Lister. The Grand List information relates to the taxes. Many times she has worked hand in hand with the Listers. She has worked with the Listers in the past on the calculation of the Land Use. She has also assisted in doing some title search work on property sales. It is not a conflict for the Town Treasurer/Delinquent Tax Collector to also be a Lister. She works a 35-hour week now. It is not expected that with the new reappraisal, the Lister position will take that many hours per week. S. Hescock also indicated that if another good candidate does come forward she will be willing to step down. The Board thanked her for her interest in serving. Appointments will be made later during the meeting.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
C. Ed Druke inquired as to how many members are there on the Village Enhancement Committee. When the committee was constituted, there were 10 and now there are only six. This becomes a question when a meeting is held, what constitutes a quorum? Motion was made by J. Anderson and seconded by R. Marek to confirm the size of the Village Enhancement Committee to be six members. Unanimous. If at some time in the future, more residents are interested in joining the committee, then the Board will review the number of members.

4. OLD BUSINESS
A. DRAFT CELL TOWER BYLAW
The Planning Commission has the draft of the Interim Wireless Telecommunications Facilities Bylaw and will be reviewing the document at their meeting of April 16th. This would not allow enough time for the Selectmen to have their hearing on April 18th as previously voted. After the bylaw is reviewed by the Planning Commission, the Selectboard will need to hold one hearing and then adopt the bylaw according to the statutes. Chairman R. Marek took exception to a statement in the PC minutes that should be corrected. G. Garbe will consider the recommended change. It was noted that the statement was the opinion of only one member and not the entire Planning Commission. P. van Loon read 24 V.S.A. § 4403 (a) A municipality may have one or more bylaws. Any bylaw for a municipality shall be prepared by or at the direction of the planning commission of the municipality. An amendment or repeal of a bylaw may be prepared by the planning commission or by any other person or body. Motion was made by L. Bedell and seconded by G. Katz to cease discussion on this matter. Unanimous
.
B. REAPPRAISAL
P. van Loon suggested that since the Board will be meeting with Wm. Krajeski of Patriot Properties on Thursday, April 11th that reappraisal can be discussed at that time. G. Katz brought up a concern of his regarding the state's view of Fair Market Value, in particular as it relates to a recent sale in Newfane. The appraised value should be at the sale price of the property. He spoke with both Terry Knight and Charles Merriman, Esq. of Property Valuation and Review. It was suggested that Wm. Krajeski, of Patriot Properties be made aware of the issue so that he may contact PVR to discuss the issue with them.

6. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) Item # A.1. - J. Anderson indicated that Charles Chandler has done some temporary work to help to correct the drainage problem onto Depot Road (TH#2). Mr. Chandler will be working on other plans to further improve the drainage.
(2) Item # A.3. - The drainage for two other driveways east of Mr. Chandler's drive also needs to have some work done according to J. Anderson. He will talk to the property owners first about the drainage problems before sending a letter.

6. B. ROAD FOREMAN'S REPORT - (See attached report)
No items required any action by the Board.

6. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were submitted that required any action by the Board.

6. D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way permits were submitted that required any action by the Board.

6. E. OTHER ROAD BUSINESS
(1) J. Anderson suggested that the process begin the process to spec out the new truck as proposed in the capital spending plan. L. Bedell indicated that she felt that it was premature to spec out the truck until more information is gathered. Motion was made by P. van Loon and seconded by J. Anderson to begin the process to prepare truck specifications for a new vehicle to replace the 1993 GMC. In favor: R. Marek, J. Anderson, G. Katz and P van Loon. Opposed: L. Bedell. Motion passes. The work can be done in parallel paths, preparing the specifications and gathering the information that L. Bedell is looking for, before the specs are sent out.
(2) R. Marek spoke with Chris Ballou regarding the Brookline/Newfane Bridge #19. C. Ballou spoke with Roger Whitcomb of VTrans regarding the temporary bridge being one lane instead of two. The Board had no objection to having only one lane for the temporary bridge. The Brookline Board agreed. The other issue that Mr. Whitcomb would like to know about is if the two Boards will agree to eliminate the pedestrian bridge on the upstream side of the bridge. The AOT requires the pedestrian bridge structure hold a maximum of 100 people which would add too much weight to the structure. The question was raised about the use of the bridge for bicycles and horses. There was also a question of the location of the West River Trail from Brattleboro to Londonderry. P. Van Loon will contact WRC about the proposed trail location.
(3) P. van Loon attended a recent meeting where it was discussed that loggers from Canada do not pay attention to weight limit and other restrictions in Vermont. It was suggested that legislators should be contacted. South Wardsboro Road (TH#1) in Newfane is particularly dangerous as the road is narrow.

4. C. GOALS AND OBJECTIVES - LIST
Board members reviewed the list as compiled from the meeting of March 21st. The list was divided into higher and lower priorities. R. Marek mentioned adding the demolition/remediation of the Williams Steep Way site when the property finally closes. G. Katz indicated that he feels that the list is too long and unrealistic. Items from last year's list are still not completed. It was suggested that the list be reworked to have three columns to prioritize for the Board's attention, some items to be Action Now, Future Action and Keep within Sight. Discussion followed regarding the RFP for the replacement of the steps at the Williamsville Hall. Motion was made by L. Bedell and seconded G. Katz to have P. van Loon contact a local architect about preparing specifications, pro bono, for the replacement of the steps, the walkway, a new roof over the handicap access, and repair of the roof over the front steps. Unanimous.

6. NEW BUSINESS
A. APPOINTMENTS
(1) AUDITORS - 3 - No names were submitted for appointment as Auditors.
(2) LISTERS - 2 - The Board has three very viable candidates to consider for the two open positions of Lister. They are: Shelbajean Hescock, Doris Knechtel and Frank Suponski. Motion was made by J. Anderson and seconded by G. Katz to appoint Frank Suponski to serve as a Lister for the Town of Newfane until March of 2003. Unanimous. Motion was made by J. Anderson and seconded by G. Katz to appoint Doris Knechtel to serve as a Lister for the Town of Newfane until March of 2003. Unanimous. The appointed Listers will be able to assist T. Schreyer with any upcoming decisions needed. Board members felt that S. Hescock can serve as an extra set of "eyes" for the Listers as she has been doing right along.

6. A. APPOINTMENTS
(5) CONSERVATION COMMISSION - 2004 - Interested candidates will be meeting with the Conservation Commission on April 11th. The CC will make a recommendation to the Board.
(7) VILLAGE ENHANCEMENT COMMITTEE - Motion was made by J. Anderson and seconded by R. Marek to appoint Thanice Petrak to serve as a member of the Village Enhancement Committee until March 2003. Unanimous.
6. B. OTHER NEW BUSINESS
(1) The town has received an invoice from the Windham County Humane Society for the fees to board the animals belonging to Patricia O'Dell in the amount of $7,496.20. R. Marek has reviewed the contract that the town has with WCHS and it appears to read that animals are boarded a maximum of 14 days, not 62 - 63 days as charged. There was also discussion of the financial esponsibility of P. O'Dell in this matter. R. Marek will contact the WCHS to discuss and negotiate a fair settlement.

7. ADMINISTRATIVE ASSISTANT'S REPORT
A. Item #5 - Board members agreed to meet with the Dummerston Selectboard on May 16th beginning at 7:00 p.m.
B. Item #6 - At this time the Board does not feel that it will be necessary for C. Coonan to meet with the Board regarding the Legion Insurance situation, but she should continue to keep the Board informed. P. van Loon raised the question of bonding for certain town employees. This matter will be looked into.

8. MINUTES
Minutes of 03/21/02 - Correction: Page #3, 5.C. fourth sentence, change assistant to assist. Motion was made by L. Bedell and seconded by R. Marek to approve the minutes of the Regular Meetings of 03/07/02 and 03/21/02 as written and corrected. Unanimous.

9. PAY ORDERS
Motion was made by L. Bedell and seconded by P. van Loon to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
03/23/02 Payroll $ 3,627.41
03/30/02 Payroll $ 3,198.36
04/03/02 Payroll $ 1,857.87
04/05/02 Acct's Payable #23 $ 22,356.43 Unanimous.
IRS Electronic Federal Payroll Tax Payments
03/27/02 $ 1,041.31
04/03/02 $ 1,256.15

10. CORRESPONDENCE
A. A letter has been received from Cathy Coonan of Richards Insurance regarding the Legion Insurance Co. She also included correspondence that she received from Massamount regarding Legion Insurance Company status.
B. A copy of a letter snet to Angela Magara, State Hazard Mitigation Officer from Jane Krochmalny, Esquire regarding the closing of the property ocurrently owned by Patricia Kauffled Williams. The letter indicates that the town will not take title to the real estate with the mortgage still in place.
C. A copy of a letter sent to the mortgage company for the P. Williams property on Steep Way (TH#21) from Angela Magara, State Hazard Mitigation Officer, asking that the mortgage company agree to discharge the mortgage for a proposed payoff amount.
D. A copy of the VT Environmental Board Findings and Fact, Conclusions of Law and Order regarding the West River Acres, Inc./Winchester Stables, Inc./ Nicholas Mercede has been received.
E. Correspondence has been received from Representative Cola Hudson, regarding a public hearing on proposals for redristricting the Senate to be held on Thursday, April 4, Room 11, State House, Montpelier, 7:00 - 9:00 p.m.
F. Board members signed the Town Service Officer Appointment for 2002 form received from the Department of Health. The appoointment was made on March 7th.

11. EXECUTIVE SESSION
No matters pertaining to Executive Session topics came before the Select board for discussion.

12. ADJOURNMENT
Motion was made by J. Anderson and seconded by L. Bedell to adjourn the Regular Meeting of the Board at 10:15 p.m. and to meet as the Local Board of Liquor Control Commissioners. Unanimous.

13. LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
Motion was made by P. Van Loon and seconded by L. Bedell to approve the First Class Liquor Licenses for Newfane Inn, Inc. dba Old Newfane Inn and for Rick's Tavern, Inc. dba Rick's Tavern. Unanimous.
Motion was made by G. Katz and seconded by P. van Loon to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:17 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

A. COMPLAINTS AND LETTERS.

1. Jim and I met with Mr. Chandler. He has done some temporary ditching for his driveway on Depot Road. It no longer drains across the road. For a permanent solution, he described some re-grading and concrete lined ditching that he wants to do in the summer. Overall he has been very understanding and accomodating. This should make a drier (and firmer) driveway for him and solve the problem of water foing into the road. Sending a letter iin this instance was probably not needed.

2. I have not has any calls from the Fritz's about their retaining wall, for which a letter was sent about two weeks ago.

3. Regards water crossing Depot Road, the two driveways just East of the Chandler's (toward Rt. 30) are much worse than the Chandlers problem had been. The Felker's driveway is draining some water by the big problem is the next one down. It is quite ling and steep and does not carry the water to the sides at the bottom effectively. The owners of this property need to be found from the tax maps. These driveways have been graded by the town at their bottom edge in the past. The two owners might be agreeable to having this done again if they could be contacted.

B. OLD BUSINESS

1. The flood audit is still outstanding. Mike Fitzpatrick has a copy of a bid that we need to correctly break one of the invoices down into the amount that applies to each of two projects. If this bid cannot be located then Bill Noyes wil need to be contacted to see if the Town can estimate the breakdown of the bill into the two projects. As long as all of the invoices are reflected in the total of the four flood projects this may be sufficient.

2. An annual kick-off meeting with Bil Noyes has not been scheuled. The alternate project for replacing the Stee Way bridge (flood damage) will need to be discussed at that time.

3. Wiswall Hill bridge wing wall warrantee repair (void under wing wall). No contact from Gurney. The water is still high though.

Jesse Anderson
Road Commissioner

ROAD FOREMAN'S REPORT 04/04/02
TOWN OF NEWFANE HIGHWAY

1. Snow on 03/25/02 and snow, sleet, and rain on 03/27/02 with roads thawed caused difficult removal of snow on gravel roads. In some instances more gravel was moved than snow.

2. The following roads were graded and raked: South Wardsboro Road (TH#1) from blacktop to Cushing Flats (TH#6), Baker Brook Road (TH#19) from Dover Road (TH#2) to Saltzman's and from Porter Thayer Road (TH#51) to Oregon Falls Road, Adams Hill Road (TH#27) from Dover Road (TH#2) to Steve Jones', Wildwood Acres Road (TH#75), Joseph Lane (TH#78) Loop Road (TH#76), and Newfane Hill Road (TH#20) from Grimes Hill Road (TH#5) to Lane Road. Culverts are being cleaned. Dead trees and brush are being cut.

3. Equipment: A. The F-550 truck is at Rountree Ford having the rear brakes repaired (warranty work). B. All other equipment is operational.

4. Gravel roads to be worked as soon as weather permits.

Respectfully submitted,
James O. Gray, Road Foreman

To: Newfane Board of Selectmen MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: April 4, 2002

1. Chris Cochrane from the state is sending me an example RFP for bids to be requested for the three Historic Districts.

2. A copy of the Patriot Properties contract was sent to Carlton Chaffee at his request.

3. Thanice "Nissa" Petrak has expressed an interest in serving as a member of the Village Enhancement Committee. Six members were appointed on March 7th and one declined. There has been as many as 10 members.

4. There are three people who have expressed an interest in serving in the one position on the Conservation Commission. Each of them will be attending the April 11th meeting of the Conservation Commission to speak with the other CC members about their interest in being on the committee. Bruce Hesselbach, Chairman, will let the Board know if they have a recommendation.

5. The Dummerston Selectboard would like to meet with the Newfane Selectboard here on May 16th to discuss shared town interests.

6. Included within your information is a letter from Cathy Coonan regarding one of the town's insurance carriers, Legion Insurance Co. She will meet with the Board to discuss the situation if you wish.

7. The Board may wish to extend the $100,000 note due at the end of April for another time period (a month, two months) until Flood monies are received. I have not made too much progress on the flood reports, but now that the Cell Tower Bylaw is in the hands of the Planning Commission, I will have more time.

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