MINUTES - REGULAR MEETING - BOARD OF SELECTMEN LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS APRIL 19th, 2001 NEWFANE TOWN OFFICE

Any and all corrections to the following minutes will be made at the 05/03/00 Board of Selectmen's meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

PRESENT:
Selectmen: Mike Rohan, Jesse Anderson, Fred Bacon, and Richard Marek.
Absent: Lynn Bedell
Also Present: Roger Whitcomb - VTrans Project Manager, John Spicer, Myra Fassler, Laura Bacon and Edward Druke, Sr. of Village Enhancement Committee, James Gray, Road Foreman, and Doris A. Knechtel, Administrative Assistant.

1. CALL TO ORDER
The regular meeting was called to order by Chairman Michael Rohan at 6:35 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. ROGER WHITCOMB, VAOT - REVIEW PROPOSED COVERED BRIDGE (CB#17) PLANS
Roger Whitcomb, VTrans Project Manager, was invited to meet with the Board to review the preliminary plans for the Williamsville Covered Bridge (CB#17) project and to discuss the changes from the inadequacies of the existing structure. The Board members reviewed the list he provided of items to be discussed. (See attached) The approach guard rail has been changed from steel beam with wooden posts to steel backed wood rail with wood posts. The cost is approximately $70 per foot. The Board concurred with the design. The temporary bridge will be on the downstream side of the current bridge, rather than the upstream side as originally proposed. The state will be meeting with the property owners that will be affected (Egan and Blackway) to obtain a temporary easement. The property owners will be compensated and their property returned to better than existing condition. The Board concurred with the downstream location of the temporary bridge for use during the time of construction. The covered bridge portals have been changed from the existing bridge to overhang the ends of the deck, much like the covered bridge in Dummerston. The overhang will allow extra protection to the bridge ends. J. Anderson expressed his concern about the overhang not being part of the original "historic" design. The Board will wait until all members are present to design on the overhang design. The side "window openings"are nearer the top and extend the entire length of the structure which allows more light into the bridge with better air circulation to dry the interior. M. Rohan reported that L. Bedell is in favor of the windows being the full length of the bridge on both sides. Again the Board will defer the decision on the window openings until all members are present. The use of running planks, painting the portal end of the bridge white, having wood curbs on the inside of the bridge to protect pedestrians and keeps the traffic centered and having a metal roof on the structure were all agreed to be the Board members present. The color of the metal roof will be decided at a later date by a possible vote at town meeting.
No decision has been made as to the eventual use of the existing covered bridge. The cost of disassembling the bridge and moving it to a new site will be covered in this project. The cost for repairs and reassembling will not be covered with this project which could be as much as $220,000.
With no specific plan for the existing bridge R. Whitcomb suggested that the town get together with VT Historic Preservation to open the discussion again on a plan for the future use of the structure. He will make the necessary contacts. It was also suggested that the Windham County Historic Society may also want to be involved. US Senator James Jeffords will also be contacted about funding sources for repair and reassembling the bridge for future use. The Board thanked him for coming to meet with them about covered bridge.

2. B. VILLAGE ENHANCEMENT COMMITTEE
Representatives of the Village Enhancement Committee were asked to attend the meeting to discuss with the Board the current plans and future of the committee. The committee was formed as an "arm" of the Board to work on the planning and planting of trees outside of the town highway right of way within the villages of Williamsville and South Newfane with possible consideration of assisting the village of Newfane with tree planning and planting. VEC has applied for various grants with the town as the consigner to carry out plans prepared by Elizabeth Courtney (Williamsville Plan) and by Monroe Whitaker (South Newfane Plan). The E. Courtney plan included signs and crosswalks as well as the planting of various types of trees.
The discussion evolved into the traffic calming measures, some of which were included in the Depot/Dover Road Study and the ideas expressed at the meeting held by the Planning Commission on 02/21/01; white line painting, crosswalks, signs, speed enforcement. The Board will initiate the plan and implementation of some of the ideas presented to see how the solving of the speeding problem evolves. The Village Enhancement Committee will continue to carry out their plan for the planting of trees through the grants received. The Board may consider in some circumstances a variance on the location of some trees within the town highway right of way depending on sight distances and safety issues.
Motion was made by R. Marek and seconded by F. Bacon to appoint John Spicer, Myra Fassler, Laura Bacon, Charles "Bud" Bergmann, Holly Cullen, Edward Druke, Sr., Chris Petrak and Targ Spicer to serve as members of the Village Enhancement Committee for a period of one year. Unanimous. Two more members are needed for the committee.

3. UNSCHEDULED MEMBERS OF THE PUBLIC
E. Druke reported that there were some dogs running loose and suspected of chasing deer. He reported the matter to the Windham County Sheriff's Department. It was suggested that he also could have contacted the Game Warden or Archer Mayor, Constable who has been taking care of some of the dog complaints.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)

(1) Item #1 - J. Anderson will review the complaint from Steve Levine of Baker Brook Road (TH#19) with J. Gray. The road needs to be maintained. There may need to be a culvert installed.

(2) Item #2 - CVPS and Verizon have a petition for the upgrade/rebuild of overhead utility line along Dover Road (TH#2) from the intersection of Depot Road(TH#2) in Williamsville and continues to the intersection of Parish Hill Road (TH#26). The board will schedule a public hearing on the matter on Thursday, May 17th at the Williamsville Hall beginning at 6:30 p.m.

(1) No action was required by the Board on any items within the Road Foreman's Report.

4. C. EXCESS WEIGHT PERMITS
No Excess Weight Permits have been received that required the action of the Board.

4. D. ACCESS/RIGHT OF WAY PERMITS
No Access/Right of Way Permits have been received that required any action from the Board.

4. E. OTHER ROAD BUSINESS
(1) The Board reviewed with J. Gray the discussion with R. Whitcomb on the proposed plans for the Williamsville Covered Bridge (CB#17). J. Gray expressed his concern regarding the wooden railing at the ends of the bridge. The Board explained that R. Whitcomb had photos of the railing showing them as steel backed wood rail with wood posts.

(2) When the upper portion of Wiswall Hill Road (TH#11) dries up more it will be worked with the grader, as it rather rough now.

(3) A call was received from a resident off of Adams Hill Road (TH#27) to compliment the highway crew for the "spectacular" job that they have done on the roads during this snowy winter season.

(4) R. Marek asked about the FEMA "Town Meeting snowstorm" monies. Reports were to be in within 30 days. Wm. Noyes had indicated that there would be a meeting with FEMA representatives about the requirements, forms to be used and the process before the 30-day time period starts. DAK will check about when a FEMA meeting may be scheduled.

(5) The two girders on the Green Iron Bridge (BR#49) have been bent by the Mack truck during the plowing of snow this winter season.

5. OLD BUSINESS
A. VT SUPREME COURT DECISION - MILLERS vs. TOWN OF NEWFANE
The Board has received a copy of the Vermont Supreme Court decision fro Attorney Jane Krochmalny regarding the Donald and Linda Miller vs. Town of Newfane. The court found in the town's favor on all points. This means that the State Appraiser's valuation of $294,800 is the Grand List figure for 1999, 2000, and 2001. The Listers have been given a copy of the decision.

6. NEW BUSINESS
E. TOWN BID SCHEDULE - UPDATE
J. Anderson will review the Town Bid schedule with J. Gray at their next RC/RF meeting. The Cemetery Mowing and Flake Calcium Chloride bids need to be acted upon. After some discussion, motion was made by M. Rohan and seconded by R. Marek to have Marc Gray mow the town cemeteries according to the specifications, after receipt of a Certification of Insurance and depending on the cost per hour. Unanimous. The yearly cost for the mowing of the cemeteries has been less than the amount required in the Town Bid Policy. ($2,000)

Motion was made by J. Anderson and seconded by M. Rohan to advertise and send out the bid for Flake Calcium Chloride. Unanimous. 6. B. DRAFT - REAPPRAISAL RFP
Two (2) Draft RFP's for Reappraisal have been compiled for the Boards review. Draft A does not yet include a proposed contract. Ted Schreyer, Chairman of the Listers, has reviewed the materials and has written his comments. A copy of his comments will be given to the Board members. More fine tuning needs to be done before the Request for Proposal is sent out to perspective bidders. After the Draft A proposed contract is ready, R. Marek will review all of the reappraisal materials. Other Board members will also review the materials for the May 3rd meeting.

6. C. SPECIAL TOWN MEETING - PROPERTY EXEMPTIONS
The properties voted at the March 5, 1996 town meeting to be exempt from taxation for a five year period, should have been considered for tax exemption at the most recent town meeting in March 2001. To be considered for tax exemption for another five-year period, there will need to be a Special town meeting to be held before June 30, 2001. Charles Merriman, Esq. Of Property Valuation and Review was contacted by DAK regarding the matter of property exemption. He spoke of the use or operation of the property: 1. Type of public use; 2. Benefit to all classes of people (churches, libraries, museums, etcetera) and 3. That the property is operated on a not-for-profit basis. He also spoke of maybe giving a tax break for the municipal tax portion to be raised but to make the partially exempt property owner liable for the education portion of the taxes under Act 60. A draft warning and other statute references were given to the Board for review for the May 3rd meeting. The potential date for the Special Town Meeting is June 7th at the Williamsville Hall with the Regular Meeting of the Board to follow.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)

A. Item #3 - Board members were given information regarding proposed new Town Road and Bridge Standards that would either amend or replace the Town of Newfane Policy for Transportation Construction and Improvements as adopted by the Board on June 17, 1999. The new standards calls for a minimum 15" culvert as opposed to a minimum 18" culvert in the current standards of 1999 and 1977. J. Anderson and J. Gray will review the proposed standards with Wm. Noyes and discuss some wording changes. The Board will discuss the standards for possible adoption at the meeting of May 3rd.

B. The Board received the financial information for February and March 2001. The Board questioned the expenditures and revenues in the area of Emergency work for the floods of July 2000. Details will be obtained to determine where the town stands in this area.

8. MINUTES
The minutes of regular meeting of 04/05/01 and the special meeting of 04/11/01 have not been completed due to work on the reappraisal RFP's, new Town Road and Bridge Standards, Special Town Meeting information. The minutes of the Special Planning Commission meeting of 02/21/01 have not been completed.

9. PAY ORDERS
Motion was made by J. Anderson and seconded by R. Marek to approve the Newfane Payroll and Accounts Payable Warrants for the following amounts:

04/07/01 Payroll $ 2,734.03
04/14/01 Payroll $ 2,804.98
04/20/01 Acct's Payable #23 $ 263,465.37
Unanimous.

The invoice from Columbia Propane for the price of $3.3990 per gallon for use at the town garage was questioned as being too high of a rate per gallon. J. Anderson will ask J. Gray about it.

IRS Electronic Federal Payroll Tax Payments
04/10/01 $ 1,828.01
04/17/01 $ 955.03

6. D. SELECTMEN'S GOALS AND OBJECTIVES
F. Bacon indicated that he is working on a comparison of Newfane with other communities regarding pay schedules and benefits packages using the VLCT Municipal Salaries and Benefits handbook for 1999-2000.

10. CORRESPONDENCE
A. Correspondence has been received from William E. Johnson, Director of Property Valuation and Review, regarding final redetermination of Newfane's Equalized Education Property Tax Grand List ($118,443,000), Common Level of Appraisal (79.89%) and Coefficient of Dispersion (20.14%) for January 1, 2001.

B. Notification has been received from Agency of Commerce and Community Development regarding a public meeting on the proposed rules for distribution of state matching funds under the Emergency Relief and Assistance Fund to be held on Tuesday, May 1, 2001 from 4 - 6:00 p.m. at the Pavilion Building in Montpelier.

C. A Hearing Recess Memo has been sent to the District Environmental Commission #2 from the Town of Newfane, as signed by Chairman Michael Rohan and West River Acres, Inc. as signed by Timothy J. O'Connor, Esq. asking that the Act 250 hearing be delayed until such time as the engineering plans for the Radway Hill Road (TH#4) and River Road (TH#15) have been completed and approved by all parties involved.

D. Correspondence has been received from the state Agency of Natural Resources regarding Site Management Activity completed at the County Seat Market in Newfane.

E. A copy of the Water Supply/Wastewater Disposal Permit for landowner, Johanna Gardner/Bahman Madhavi and applicant, Kroka Expeditions has been received from the Vermont Department of Environmental protection.

F. Project Review Sheet for the reconstruction of utility line along Dover Road (TH#2) between Williamsville and South Newfane has been received from ANR. No Act 250 is required.

G. A note has been received from Bud Bergmann indicating that he will be taking care of repairing the damaged paint in the dining are at the Williamsville Hall.

11. EXECUTIVE SESSION, IF NEEDED
No matters came to the attention of the Board that required the need of an Executive Session.

12. ADJOURNMENT
Motion was made by M. Rohan and seconded by R. Marek to adjourn the Regular Meeting of the Board at 10:02 p.m. and convene as the Local Board of Liquor Control Commissioners. Unanimous.

13. LOCAL BOARD OF LIQUOR CONTROL COMMISSIONERS
Motion was made by M. Rohan and seconded by F. Bacon to approve the following First and Second Class Liquor Licenses for the town of Newfane:
Attended Enforcement Seminar

FIRST CLASS LICENSE
Chestnut Valley Inn, Inc. 01/16/01
DBA - Chestnut Valley Inn

Baldwin Hospitality Enterprises, Inc. 12/08/98
DBA - Four Columns Inn

SECOND CLASS LICENSE
Paul C. Dutton 05/09/00
DBA - Dutton Farm Stand

James F. Lessing, Jr. 09/09/99
DBA - Lessing Family General Store, Inc.
Unanimous

Motion was made by M. Rohan and seconded by J. Anderson to adjourn the meeting of the Local Board of Liquor Control Commissioners at 10:07 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

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