MINUTES -REGULAR MEETING - BOARD OF SELECTMEN
LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
APRIL 18th, 2002
NEWFANE TOWN OFFICE

PRESENT:
Selectmen: Richard Marek, Lynn Bedell, Gary Katz and Piet van Loon.
Absent: Jesse Anderson
Also Present: William A. Krajeski of Patriot Properties, Inc., Ted Schreyer as a Lister, David Clarkson, Edward Druke, Sr., 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 7:04 p.m.

2. PATRIOT PROPERTIES, INC. - WM. KRAJESKI
Wm. Krajeski, of Patriot Properties, Inc., has given the Board members reports to review for this evenings meeting. The reports included: Preliminary Results of the 2002 Revaluation which includes previous value, current value, difference and ratio; a list of properties with values greater than $200,000 and a sales analysis report. Motion was made by G. Katz and seconded by L. Bedell to accept the reports relating to the Preliminary Results of the 2002 Revaluation.
Discussion: G. Katz asked W. Krajeski if he could give him a report about all of the places that he had not been able to enter for an inside inspection. G. Katz felt that there was a pattern of a lower ratio for those not entered. W. Krajeski will provide the report before he leaves this evening. The average ratio of increase in property values throughout the community was 1.48%. This means that those within that ratio of below would pay about the same amount in taxes that they have been paying. Those above that ratio would be paying more. The tax rate, which will not be determined until early July, will be lower than the current $3.05 rate.
The Board members asked other questions of the reports and other reports that can be obtained with the information available. The preliminary valuation figures are based on sales market analysis, recent sales of property, or the fair market value. Other factors also come into play. If anyone is interested, they can get a copy of their detailed card.
Patriot Properties, Inc. made two visits to the property and then sent a notice asking questions about the properties that they did not gain entrance to during the initial visits.
Ted Schreyer expressed his concerns about the valuation. He is especially concerned about the land schedule. The way the land values are set up at the present time, the property owners in the land-use program will receive a lower tax relief. W. Krajeski explained the land schedule and the value of the first two acres of property and the lower value per acre on any extra acreage.
T. Schreyer indicated that the Listers need to be instructed on the computer methods of putting in information and the modifiers to be applied to the data being inputted. The training will take place in the near future. W. Krajeski certainly wants to see the project work and continue into the future and to have the Listers be able to keep the grand list at 100% valuation.
The report that G. Katz requested was provided and he is satisfied with the results.
Vote on the motion. Unanimous.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
A. David Clarkson presented a petition containing 15 names of neighbors of the M. LaFlamme and E. Van Dyke asking that the deteriorating trailer at the junction of South Wardsboro Road (TH#1) and Cushing Flats Road (TH#6) be removed. Motion was made by R. Marek and seconded by L. Bedell to notify the Constable to review the situation to determine if it meets the standards for the Ordinance Regulating Outdoor Storage of Junk & Junk Vehicles and if it is deemed to come under the regulation, to have the Administrative Assistant send out a notice to have the trailer removed. Unanimous. The old trailer may also be considered a health and safety hazard.
B. Motion was made by R. Marek and seconded by L. Bedell to have the Constable review the situation on Brown's Road (TH#45) where the "junk" vehicles are to determine if it meets the standards of the Ordinance Regulating the Outdoor Storage of Junk & Junk Vehicles and if it is deemed necessary to have a letter written to the property owners. Discussion: G. Katz suggested that a list be created of other properties in town that may be in violation of the ordinance. P. van Loon spoke with J. Gray about compiling a list of places that he may be aware of. Citizen complaints received are not discriminatory. Vote on the motion - Unanimous.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT
No report was submitted as the Road Commissioner, J. Anderson, is away on vacation.
4. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #5 - The Road Foreman inquired if the calcium chloride price would be good from last year as the roads are dusty from this recent warm weather? The calcium chloride bids will be advertised with bids to be submitted at the May 2nd meeting.
4. E. OTHER ROAD BUSINESS
(1) J. Gray commented on the minutes of the Conservation Commission that Public Trail Inventory that includes the Oregon Trail off of Baker Brook Road and the trail from Stratton Place on Adams Hill. These trails are not public trails. The CC will be notified of the legal trails within the town. There was also a question of what the Conservation Commission has planned. The Board should know about the cutting of trees on town property. The minutes from the formation of the CC will be reviewed. The Conservation Commission has certain Roles and Responsibilities as set forth in 24 V.S.A. Chapter 118.
(2) J. Gray commented on the notes from the April 16th meeting with contractors for the repair of Bridge #32 on Bruce Brook Road (TH#21). Signing is to be the responsibility of the contractors which was not included in the notes. The bids are due at the May 2nd meeting of the Board. P van Loon will mark the trees that need to be cut so that Wm. Guenther may review them.
(3) Roger Whitcomb (VAOT) has asked the Board to comment on the change in the plans for the Williamsville-covered bridge (CB#17) (See his letter of 04/03/2002). To replace truss members with the same size timbers, new glulam timber beams will be placed under the bridge. Concerns was expressed regarding any narrowing of the water channel, as ice jams and flooding have occurred in the past that almost destroyed the bridge. J. Gray also mentioned that in the McFarland-Johnson study of the bridge in 1995, it was recommended to replace the truss members should be larger to accommodate the span of the bridge. Motion was made by R. Marek and seconded by L. Bedell to write a letter to R.Whitcomb of VTrans to express the concerns of the Board. Unanimous.
(4) J. Gray reported that the recent damage to the covered bridge caused by a truck hitting the bridge, did not cause structural damage to the bridge, just cosmetic damage.
(5) BROOKLINE/NEWFANE BRIDGE #19 - Roger Whitcomb, VTrans, has also asked the Board to respond to questions raised in his letter of 04/03/02. Motion was made by R. Marek and seconded by L. Bedell to write a letter to R. Whitcomb to let him know that the Board agrees to the use of a one-lane temporary bridge with traffic control signals and appropriate warning signs and elimination of a pedestrian bridge on the upstream side. The Board also agrees to sign the right-of-way agreement between the town and the state for the Brookline/Newfane Bridge project (BHO 1442 (25). Unanimous.
(6) The question was raised regarding the mowing of the town cemeteries and the Town Office lawn. Marc Gray will be contacted to submit his hourly rate and provide an updated Certificate of Insurance. The projects are less than $2,000, so they do not have to be sent out for bid submissions.

4. C. EXCESS WEIGHT PERMITS
Motion was made by G. Katz and seconded by P. van Loon to approve the following Excess Weight Permits:
Contractor # Axles Weight Requested Weight Approved
Anderson Excavating 2 46,000# 46,000#
3 60,000# 60,000#
4 69,000# Reduced to 60,000#
Barrows & Fisher Oil Co. 2 33,000# 33,000#
Eilers Bros. Trucking 3 60,000# 60,000#
4 69,000# Reduced to 60,000#
5 80,000# Denied
Lynde Well Drilling, Inc. 4 74,000# Denied
3 61,700# Reduced 60,000#
3 55,000# 55,000#
5 80,000# Denied
S.T. Griswold & Company 3 60,000# 60,000#
4 69,000# Reduced to 60,000#
5 80,000# Denied
6 90,000# Denied Unanimous.

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

5. OLD BUSINESS
A. DRAFT CELL TOWER BYLAW
R. Marek and P. van Loon attended the Planning Commission meeting on 04/16/02 to discuss the proposed Interim Wireless Telecommunications Facilities Bylaw. The PC has approved the draft as prepared by R. Marek and P. van Loon. Motion was made by G. Katz and seconded by R. Marek for the Board of Selectmen to have a public hearing on Thursday, May 9th beginning at 7:00 p.m. at the Newfane Town Office regarding the proposed Interim Wireless Telecommunications Facilities Bylaw. Unanimous. R. Marek and P van Loon were commended for preparing the document and presenting it to the PC.

5. B. GOALS AND OBJECTIVES - LIST
D. Knechtel did not get the Goals and Objectives list reviewed in time for this meeting.

5. C. OTHER OLD BUSINESS
P van Loon indicated that he has spoken with David Cotton and Mr. Cotton will do the proposed specifications for the replacement of the steps and the walkway at the Williamsville Hall along with the roof design over the handicap access entrance and the front porch repair, pro bono. 6. NEW BUSINESS

A. APPOINTMENTS
(4) CONSERVATION COMMISSION - 2004
The Conservation Commission has made a recommendation to the Board from the three candidates that they interviewed. Motion was made by L. Bedell and seconded by G. Katz to appoint Jennifer Gagliardi to serve as a member of the Newfane Conservation Commission until March 2004. Unanimous.
(5) ZONING BOARD OF ADJUSTMENT
Motion was made by P. van Loon and seconded by L. Bedell to appoint John R. Mariano and Susan Keese Pyatak to serve as members of the Zoning Board of Adjustment for terms to expire in March of 2006. Unanimous. There is still one ZBA position to fill until March of 2005. There was some discussion about the possibility of having a five member ZBA with one or two alternates instead of seven members.

6. B. OTHER NEW BUSINESS
(1) CONSERVATION COMMISSION - TRAIL AND PARKING
The parking for the Town Forest walking trails at the Town Garage site on Depot Road will need to be relocated as the current permit is temporary in nature. The parking does not meet the set back requirements of the zoning bylaw. The Conservation Commission would like the Board to start thinking about another location. There may have to be culvert or bridge over the wetlands that would be involved. Parking within the highway maintenance area has been discussed previously as being a liability along with concerns for potential vandalism. The CC also inquired of the Board concerning the use of the town trails. A policy was implemented by the Board along with discussion with the CC that no mechanized vehicles are to be used on the trails. The policy will be looked up to determine the exact wording.
(2) L. Bedell serves on a group that will be discussing the need for a YMCA in Brattleboro and asked the Board for some reaction. A YMCA may be useful for some if they have a means of getting there. P. van Loon mentioned that Dover is planning a recreation facility with regional membership.
(3) Both R. Marek will be signed up to attend a Leadership Workshop for Local Board Chairs to be held on Wednesday, May 29th from 9:30 a.m. - 2:00 p.m. The fee for the workshop and Lunch is $15 each.
(4) The Board briefly discussed the scheduling of the various boards and committees to attend a Selectmen's meeting. It was suggested that there be more than one group invited to each meeting during June and July. P van Loon will work on a skeleton agenda.
(5) R. Marek will contact Chris Ballou to arrange for the Brookline Selectmen to attend the June 6th meeting of the Board.
(6) P. van Loon was contacted regarding any zoning issues that there may be for the possible private burial, in the future, at the Brown church in Williamsville. He has contacted the Department of Health about the regulations.

7. ADMINISTRATIVE ASSISTANT'S REPORT
A. Item #1 - R. Marek indicated that he understands that there are recent additional Dog Ordinance infractions from the same defendant. R. Marek also indicated that he spoke with Sheriff Henry Farnum regarding the "Motions to Dismiss" from the Vermont Judicial Bureau and the Sheriff indicated that he will be taking care of the response from the town.
B. Item #2 - The Board would like to obtain information from the Vermont League of Cities & Towns a quote on the costs of insurance coverage for the town.
C. Item #3 - Motion was made by P. van Loon and seconded by G. Katz to sign the documentation to extend the promissory note between the Town of Newfane and Chittenden Bank for $100,000 to be paid on the 30th day of May, 2002. Unanimous.

8. MINUTES
Minutes of 04/04/02, 04/11/02, and notes of 04/16/02 - Motion was made by G. Katz and seconded by R. Marek to approve the minutes of the Regular Meeting of 04/04/02, the Special Meeting of 04/11/02 and the notes of 04/16/02, as written. Unanimous.

6. B. OTHER NEW BUSINESS - (cont.)
(7) Information has been received from Representative Dan Darrow regarding H-741 "An act relating to educational Funding" (Act 250 reform). The Board discussed information provided by Rep. Darrow. Motion was made by G. Katz and seconded by L. Bedell to send an e-mail to Rep. Darrow through L. Bedell to let him know that the Newfane Selectboard is in strong opposition to H-741 and request that he oppose its passage. Unanimous. R. Marek prepared a statement on behalf of the Board that is to be forwarded to Rep. Darrow.

9. PAY ORDERS
Motion was made by G. Katz and seconded by R. Marek to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:
04/06/02 Payroll $ 2,826.19
04/13/02 Payroll $ 2,766.62
04/18/02 Payroll $ 1,476.82
04/19/02 Acct's Payable #24 $ 274,103.62 Unanimous.
IRS Electronic Federal Payroll Tax Payments
04/03/02 $ 1,491.70
04/16/02 $ 876.52

10. CORRESPONDENCE
A. A letter has been received from Emily Wadhams, State Historic Preservation Officer, regarding the current status of Williamsville Post Office Alterations in Williamsville, with particular emphasis to Section 106 Review.
B. A letter has been received from Eric Morse, Land Surveyor from Guilford, VT indicating that his services are available for matters relating to the proposals for building telecommunications towers in Newfane. He has assisted the Town of Guilford in matters relating to telecommunications towers.
C. A copy of correspondence sent to Henry Pinckney from the Agency of Natural Resources has been received regarding the creation of a new 2.48 ± acre parcel located on Wiswall Hill Road in Newfane.
D. A copy of a letter sent to District II Environmental Commission from Attorney Gidding concerning the Kindle Farm Children's Services, Inc. Act 250.

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

12. ADJOURNMENT
Motion was made by P. van Loon and seconded by G. Katz to adjourn the Regular Meeting of the Board at 9:52 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 L. Bedell and seconded by G. Katz to approve the First Class Liquor License for Baldwin Hospitality Enterprises, Inc., dba Four Columns Inn and Second Class Liquor Licenses for James R. Borta, dba Newfane Market, Paul C. Dutton, dba Dutton Farm Stand and South Newfane General Store & Deli, Incorporate, dba South Newfane General Store & Deli, Incorporated. Unanimous.
Motion was made by L. Bedell and seconded by G. Katz to adjourn the meeting of the Local Board of Liquor Control Commissioners at 9:54 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

1. The following roads were worked on since the last Board of Selectmen's meeting: Upper Section of Wiswall Hill Road (TH#11), Grout Road (TH#19), Toby Hill Road (TH#29), Brown's Road (TH#45), River Road (TH#15), Sawmill Road (TH#77), South Wardsboro Road (TH#1), Cemetery Hill Road (TH#16), Timson Hill Road (TH#41), Duke Road (TH#66), upper section of Newfane Hill Road (TH#20), Baker Brook Road (TH#19) from Saltzman's and from Porter Thayer bridge (BR#50), Beetlestone Hill Road (TH#47), and Parish Hill Road (TH#26) from Baker Brook Road (TH#19) to Parish four corners. All culverts on graveled roads have been cleaned.

2. Bridges: A. Bill Noyes, Piet van Loon, Doris Knechtel and Bridge contractors met on Bridge #32, Bruce Brook Road (TH#21). Proposal for replacement will be forth coming. B. The proposal for glue laminated members under the covered bridge in Williamsville may not be feasible. The water way at present should not be restricted. Ice and water have been higher than the bottom of the current structure. In earlier years a tree went through the trusses due to flooding. Photographs exist. Any change to water way should be drawn up and approved by the Board of Selectmen. A. All bridges are being cleaned prior to washing.

3. Equipment: A. The L-9000 is at Twin State having the air brakes, rear spring, and fuel tank repaired. B. The brakes on the F-550 were repaired at Rountree Ford. C. All other equipment is operational.

4. Truck specifications are being worked on for bid proposal. Specs should be ready next meeting. .

5. Chloride is running out. An order should be done right off. Summer conditions exist.

6. Flood Work billing on Upper Spring Hill Road (TH#23) and Newfane Hill Road (TH#20) has been seperated with invoice from Fitzpatrick.

7. Waste culverts are being trucked out of the old landfill.

Respectfully submitted,
James O. Gray, Road Foreman

To: Newfane Board of Selectmen MEMORANDUM
From: Doris A. Knechtel
Subject: Administrative Assistant's Report
Date: April 18, 2002

1. The town has received a motion to dismiss from the Vermont Judicial Bureau regarding the Sarah Taylor matter that needs a response by April 28th, 2002.

2. Cathy Coonan of Richards Insurance has been keeping me informed of the status of the Legion Insurance Company rehabilitation situation (See memo and into with your information). Massamont Insurance Agency has sent Notices of Nonrenewal of Insurance regarding the town's policies with Legion Insurance Co. For Worker's Compensation, errors and Omissions and Auto Liability and Physical Damage to expire on July 1, 2002. Would the Board at this time like to get some information from VLCT about the costs of coverage through them?

3. The forms to extend the $100,000 note until May 30th, 2002 need to be signed by the Board members.

4. I received a call from Roger Whitcomb, VTrans, asking for a letter from the Board regarding the Brookline/Newfane Bridge #19. He has a letter from Brookline indicating that the temporary bridge may be one lane and that a pedestrian bridge will not be necessary.

5. Roger Whitcomb also spoke of the rehabilitation of the Williamsville Covered Bridge (CB#17). With the new glulam timber beams being placed under the bridge, I asked how that would effect the water channel of the brook. I mentioned to him the there had been an ice jam at some time in the past that almost took out the bridge. He was not aware of that previous situation. I asked J. Gray and P. van Loon when that event occurred so that the town can get the information to Mr. Whitcomb.

6. There is a right of Way Agreement for the Board to sign for the replacement bridge project for the Brookline/Newfane Bridge #19.

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