MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
APRIL 17th, 2003
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Piet van Loon, Gorty Baldwin, Priscilla Cotton, Gary Katz and Chris Williams.
Also Present: Robert F. Cable, Bahman Mahdavi, Hal Wilkins, James Gray as Road Foreman and Doris Knechtel as Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman at 7:01 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. BAHMAN MAHDAVI - WEB SITE
Bahman Mahdavi came to speak to the Board about the website that he has created and maintains for the town. The minutes and notices of meetings are now posted at the site. He has suggested that permits, rules, regulations and various forms may be made available at the website. Some of the forms are available and could be e-mailed to the web site. There is an average of 400 to 800 people who visit the site. There is also a link to the Newfane Business Association. B. Mahdavi has asked if the Board would consider his “out of pocket” yearly expenses for hosting the account and for the domain name. The costs are $60.00 per year for the hosting account, $35.00 per year for the domain name newfanevt.com and $10.00 per year for the domain name newfanevt.net. Motion was made by G. Katz and seconded by P. Cotton to have the town pay to Bahman Mahdavi the yearly out of pocket expenses for the town’s web site. Unanimous. He will present a bill for payment.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
Robert Cable indicated that he was present to hear any discussion that there may be involving Eagle River Mining, Inc. The Board did receive a letter from Glenn Bowman of Eagle River Mining, Inc. concerning a request for an extension of the agreement between the town and Eagle River Mining, Inc. for an additional 20 years. The agreement was first granted April 27th, 1983 and part of the Act 250 records. The Board reviewed the 14 items listed and made some changes to items #6, #7, #12 and #13. The wording in #6 generated much discussion regarding the yearly contribution to the town for the maintenance and dust control on Town Highway #1. The Board agreed to have Eagle River Mining, Inc. submit a $10,000 contribution to be reviewed on a yearly basis. The actual wording for item #6 will be fine tuned. In item #7 the words “and four-way flashers in operation” were deleted. Item #12 the word one was substituted for the word two which was deleted. The change in item #13 was to delete 10½ and change it to read “8 months (May through December)” per year for twenty years. Motion was made by G. Katz and seconded by C. Williams to approve and sign the revised agreement between Eagle River Mining, Inc. and the Town of Newfane regarding the use of South Wardsboro Road (TH#1). Unanimous. There is a current Act 250 permit which is in effect until June 15th, 2003. There has been a request by Eagle River Mining, Inc. for an extension of that permit. ERM, Inc. has been to the Planning Commission for site plan approval. If there is a full hearing the BOS, PC and landowners will be parties to the process. Forrest Lane, a private road was to be used according to the current Act 250 permit. Since that time, Robert Cable has made improvements to White Birch Lane, a town trail, which may be an easier access to the soapstone mining project.
Hal Wilkins was present as an interested party for Eagle River Mining, Inc. He thanked the Board for their upgrade of the agreement. He also indicated that the mining would be centered around the soapstone, and not the talc, as there is no longer a value in talc. This would reduce the amount of vehicles per day.

4. ROAD BUSINESS
A. ROAD COMMISSIONER’S REPORT - (See attached report)
(1) Item #4 - The material received from Bud Bergmann does not seem to address the areas of concern for the proposed new access. The RC and the RF will get together with Mr. Bergmann and his engineer to see what the specifics are that they have in mind. Most of the drainage appears to be coming off the logging road.
(2) Item #5 - Neil Montgomery needs to supply a location map and drawing for his proposed new access permit.
(3) Item #2. B. - The recent work on the Mack truck is still not right. It is seeping when it is hot. The work is still under warranty and will need to go back to have the job done right.

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 Permit with the normal restrictions.
Contractor Vehicle Weights Cert. of Ins.
Eagle River Mining, Inc. 2 axle @ 33,000# Okay Yes Unanimous
4. E. OTHER ROAD BUSINESS
(1) The roads have been graded and raked in areas where it has dried up enough. Some areas are still wet. C. Williams asked about leaving the grader near the area to be graded the next day instead of bringing it back to the garage. J. Gray expressed concern about leaving the equipment beside the road as it may be vandalized.
(2) C. Williams also asked about looking into the use of liquid chloride instead of bags of chloride.
(3) It was reported that there is a tree that needs to be removed on Baker Brook Road (TH#19) near the yellow barn.
(4) A load of cement was to be delivered to property on Baker Brook Road (TH#19). However, the road is still posted for “mud season”. The property owner had a few words with the Road Foreman and the Zoning Administrator.
(5) Walter Phelps wrote a letter to the Board expressing his concerns about the double sets of utility poles within the village of Williamsville. The dual sets of utility poles along Depot Road and Dover Road (TH#2) has been a concern of the town for some time and CVPS has been contacted on numerous occasions. P. van Loon will contact CVPS again and will Walter Phelps to update him on the Boards concerns.
(6) Motion was made by G. Baldwin and seconded by P. Cotton to approve the Town Policy for Winter Maintenance Repair as revised from June of 1997. Unanimous.
(7) Notification has been received from Liberty Mutual Group regarding damage to a fence on the Miriam Crispe property on South Wardsboro Road (TH#1). The loss estimate is $1,000. VLCT, the town’s insurance carrier, will be notified of the claim.

5. A. DISCUSSION OF NEW TELEPHONE SYSTEM PROPOSALS
Board members were given copies of the quotes received from three vendors for a new telephone system at the Town Office. The funds for the installation are to come from a portion of the FY 2002 surplus. Motion was made by P. Cotton and seconded by C. Williams to have P. van Loon double check with each of the vendors on the quoted price and then go ahead with a decision on the matter. Unanimous. The prices quoted were between $3,185 and $4,075.
5. B. DECISION - PAINTING BIDS FOR WILLIAMSVILLE HALL
The references that had been contacted all had favorable comments for those who bid on the painting of the outside of the Williamsville Hall. Questions were raised about the low bid and whether of not the method of applying the paint would be by spraying or by brush. There was also the question of the paint quality. The bidders will be contacted.
5. C. DRAFT PERSONNEL POLICY
Board members discussed various aspects of the smoking and sexual harassment policies which are currently separate documents. It was felt that these two policies could be incorporated by reference. The proposed Personnel Policy changes the overtime after 8 hours per day for the highway personnel to overtime after 40 hours. They also get two fifteen minute breaks which are paid and a one-half hour lunch which is not paid for. Questions were brought up about the proposal in the new policy of not being able to smoke in the vehicles. G. Katz will check with J. Gray’s thinking on this matter.
5. D. OTHER OLD BUSINESS
(1) Minutes of 06/06/02 indicate that the Moore Free Library was granted permission to have one dedicated handicap parking space on the street in front of the library. There was no indication that the town was to put up the sign or to paint the markings on the street.
(2) G. Katz, as Road Commissioner, will be attending a meeting regarding the Village sidewalks on Monday, April 21st.
(3) The lights in the Town Office need to be fixed, especially in the main meeting room. P. Cotton will look into the cost of color correct bulbs. There are 56 bulbs in the building.
(4) C. Williams has spoken with Walter Phelps who indicated that he will repair the front doors at the Williamsville Hall at no charge. He plans to repair the doors one at a time, so the building will need to be secured during the absence
(5) A letter has been received from Paula Sagerman requesting that she be given an extension until the end of May to complete the nominations of South Newfane and Williamsville villages to the National Register of Historic Places. Motion was made by P. Cotton and seconded by G. Baldwin to approve and grant the request for an extension until the end of June. Unanimous.

6. NEW BUSINESS
A. APPOINTMENTS
(1) REPRESENTATIVE TO RESCUE, INC.
No one has come forward to serve in this capacity for the town.
(2) ZONING BOARD OF ADJUSTMENT - TERM - 2007
A possible candidate may be attending the May 8th ZBA meeting to review the process.
(3) CONSERVATION COMMISSION - TERM - 2007
The letter has been received from Bruce Hesselbach, Chairman of the Conservation Commission, with the recommendation that Thanice “Nissa” Petrak be nominated to serve as a member of the commission. Motion was made by P. Cotton and seconded by G. Katz to appoint Thanice Petrak to serve as a member of the Newfane Conservation Commission for a term to expire in March of 2007. Unanimous.
6. B. GOALS & OBJECTIVES LIST
The matter will be reviewed at the next meeting of the Board.
6. C. SCHEDULE MEETING WITH BOARDS, TOWNS AND AGENCIES
The Board will have a special meeting on May 22nd beginning at 6:30 p.m. with the Planning Commission and the Zoning Board of Adjustment to discuss, among other things, the idea of a Development Review Board. Two area towns have DRBs, Brattleboro and Dover.

7. ADMINISTRATIVE ASSISTANT’S REPORT
A. Item #1 - Discussion ensued regarding the next step to take on the Sparks property if the “junk” is not removed as requested by April 30th. D. Brown will be contacted about the status of his junk removal. The WCSD will be contacted about the LaFlamme property on South Wardsboro Road (TH#1). There are other properties within town that should also be cited. P. van Loon will go to see R. Sparks about the “junk” matter.
B. Item #3 - The Board will have to visit the site in Parish Hill Road (TH#26) to determine, what if anything should be done to improve the sight distance in the area of the knoll near the four corners. The Board should also visit the area proposed to be improved on South Wardsboro Road (TH#1) when J. Gray is available.

6. D. OTHER NEW BUSINESS
(1) Zoning Updates - a. Kelly Equipment will be opening up a small equipment shop at the former garage north of the village currently owned by D. Lucier. b. Kroka Expeditions is seeking to build a storage shed. c. Brad Horn is planning to build a small office building south of Katy’s on VT Route 30. d. C. Chandler want to put up a windmill behind his house on Depot Road. e. C. Chandler also wants to rebuild a mobile home on Baker Brook Road. This project will need to go before the ZBA as set back requirement from the road and the brook cannot be met.

8. MINUTES
Minutes of 04/03/03 - Just a note on Page #4, 10. C. Arrangements need to be formalized to keep the area around the recycling containers cleaned up. Motion was made by P. Cotton and seconded by G. Baldwin to approve the minutes of the Regular Meeting of 04/03/03 as written. Unanimous.

CORRECTIONS - Item 3. A. second sentence - Change first word from If to It. Motion was made by G. Katz and seconded by C. Williams to approve the minutes of the Special Meeting of 04/09/03, as corrected. Unanimous.

10. CORRESPONDENCE
A. The Board has received the March 2003 Expense summary and detail reports.
B. A thank you letter has been received from Brattleboro Area Hospice Inc. for the town’s ongoing support of an appropriation of $300.
C. The price lists for various road maintenance materials, crushed gravel, stone, etcetera, have been received from Cersosimo Industries, Inc. and from A.S. Clark & Sons.
D. Applications have been received for the Vermont Better Backroads Small Grants Program for A. Road Inventory and Capital Budget Planning and B. Correction of a Road Related Erosion Problem. Applications are due on May 9, 2003.
E. The reports for 03/02/03 to 03/15/03 and 03/16/03 to 03/29/03 have been received from the Windham County Sheriff’s Department.

9. PAY ORDERS
Motion was made by G. Baldwin and seconded by P. Cotton to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
04/05/03 Payroll $ 3,637.61
04/12/03 Payroll $ 2,739.41
04/15/03 Payroll $ 626.41
04/18/03 Acct.’s Payable #23 $ 321,098.74 Unanimous.
IRS Electronic Federal Payroll Tax Payments
04/09/03 $ 1,284.44
04/16/03 $ 1,334.91

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 10:13 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 Second Class License applications for Paul C. Dutton - DBA - Dutton Farm Stand, South Newfane General Store & Deli, Inc. - DBA - South Newfane Store & Deli, and RGOLD, Inc. - DBA - Williamsville General Store. Unanimous.
Motion was made by G. Baldwin and seconded by C. Williams to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:21 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

2. Weekly Meetings with Road Foreman
A. Jim Gray and I met on 4/10 and 4/16. We looked at the Bergmann swale site, the Montgomery access permit site, and a number of the roads that the crew is working on.

B. The bill on the truck repairs came in $1,800 more than was estimated. Jim is checking on this and on a repair that still needs attention and recommends that we hold off on paying the bill for the time being.

C. Jim will get an electrician to do the switch for the lights near the gas tanks. The roof work on the old garage is a patch job and Jim recommends that we could have that done when we are having more major roof work done (e.g., Williamsville Hall).

D. Concerning maintenance work that the crew does itself at the garage, our labor budget for such maintenance is $20,000 this year. As of February, we have used $9,200 of this. We tend to take care of grease, oil, brakes, and general repairs. Fred does wiring work. Paul does welding. While there are a lot of computerized systems in the vehicles these days, the crew does as much as they can themselves, within the context of having the right equipment to do the job safely. In winter, the priority on road maintenance precludes pulling the crew off to do work on the vehicles.

3. Safety
Our road crew has a good safety record. Jim as the responsible person makes the decisions about when to cut or not to cut trees, when to call a professional wrecker, etc. Safety and environmental protection reports are kept up to date at the garage.

4. Bergmann Swale
The material attached to Bud Bergmann’s letter does not appear to address the area of the proposed new access. While the Town periodically cleans the area along Dover Road between the fire hydrant and the catch basin, Jim believes this would not mean anything in relation to the proposed driveway. Jim suggests meeting with Bud and his engineer to see specifically what they have in mind.

5. Permits
There is an application for an access permit from Neil and Anne Montgomery. The application does not have the required drawing and location map attached, so we need to get back to the Montgomery’s before we can act on this. Site distances looked okay when we went out there.

Gary Katz, Road Commissioner

1. Winter storms on 04/04, 05, & 08/03 have kept the road crew busy plowing, salting, and sanding highways during and after this period. Muddy spots on Newfane Hill Road (TH#20), Timson Hill Road (TH#41), River Road (TH#15), and Eddy Road (TH#71) were filled with stone or crushed gravel. As roads have dried out we have graded and raked Timson Hill Road (TH#41), Newfane Hill Road (TH#20), River Road (TH#15), Upper River Road (TH#15), Parish Hill Road (TH#26) from Dover Road (TH#2) to Parish four corners, Beetlestone Hill Road (TH#47), Baker Brook Road (TH#19) from Dover Road (TH#2) to Spring Hill Road (TH#51), and Adams Hill Road (TH#32). Roads to be graded and raked as soon as possible weather permitting.

2. Mud season posting remains due to the frost still under the highways.

3. Bridges are being cleaned of winter sand on the side roads.

4. Equipment: A. All equipment is operational.

Respectfully submitted,
James O. Gray, Road Foreman

1. Roger Sparks was in (04/09) to say that will be getting the items in question removed from his property, but may not be able to have the job completed by the end of April considering the snow and mud.

2. Joe Wright was in to ask about the process for the winter sand bidding and to ask if the town every needs an extra truck for hauling sand or gravel.

3. George Childs came in to ask if the town is ever going to do anything about the area near the four corners on Parish Hill Road (TH#26) that the Board received a petition from area residents about the limited sight distance on a knoll in front of the Heim residence.

4. There is a letter within your information from Paula Sagerman asking for an extension of her contract for the Historic Village designations. The contract completion date is April 30th, 2003 as wel as the grant date.

5. Dave Kearney called today regarding Sears Road (TH#44). The property owners on Sears Road will be meeting on April 25th to possibly come to an agreement.

6. I left a message with Phoenix Roofing for an estimate to replace the slate and repair the roof at the Williamsville Hall and the Town Office. He called back and will be giving an estimate. He also mentioned and will be looking at the roof on the front of the Williamsville Hall as well as the slate roof on the main building.

7. I spoke with Glenn Bowman of Eagle River Mining, Inc. about the letter received today requesting an extension of the agreement between the town and ERM, Inc. I have updated the information on the parties involved.

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