MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
MAY 3rd, 2001
NEWFANE TOWN OFFICE

Any and all corrections to the following minutes will be made at the 05/17/01 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, Lynn Bedell and Richard Marek.
Also Present: 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 7:00 p.m.

2. SCHEDULED MEMBERS OF THE PUBLIC
A. OPENING OF BIDS - FLAKE CALCIUM CHLORIDE
Only one bid was received for purchase of Flake Calcium Chloride to be delivered in 50 lb paper bags on wooden pallets in twenty-two to twenty-four ton increments with forks to be provided for unloading. The bid received was from Schoenberg Salt & Chemical Co., Inc. for the price of $295/ton. The price last year was for $294.80 from James J. Lowe & Company. The Board will wait for J. Gray to arrive before making a decision.

5. OLD BUSINESS
A. OTHER OLD BUSINESS
(1) Due to recent correspondence received from VT Agency of Commerce and Community Development regarding Telecommunications Facilities Planning, L. Bedell expressed her concern about making sure that the town adopts an ordinance or has a section in the Zoning bylaw dealing with telecommunication towers in the immediate future. M. Rohan indicated that he believes that the Planning Commission has been working to incorporate a section into the Zoning bylaw regarding telecommunications, as John Spicer, former PC Chairman was keeping up with recent technology. Towers have been incorporated into silos, church steeples, poles to look like trees, etcetera. For an amendment to the Zoning bylaw, the PC will have to go through the hearing process before turning the document over to the Selectmen for their hearing process. There is a section in the Town Plan that concerns telecommunications. (Page 81). A sample telecommunications ordinance will be obtained from VLCT.

(2) Board members discussed the notice received for the Reconvened Hearing to be held on June 5, 2001 at 9:30 a.m. for West River Acres, Inc. (Winchester Stables). A request was made in January 8, 2001 to separate the hearing of the road improvement (Radway Hill Road (TH#4) and River Road (TH#15) intersection) and the Winchester Stables aspects of the project. The plans for the town of Newfane roadway intersection have not yet been received by the town. Wm. Noyes has indicated that he has seen the plans and agrees with the design as proposed. J. Anderson would like to see that there could be some exceptions so that all parties, town, Wm. Noyes, N. Mercede and Tom and Adele Hersh, could agree on the design. Attorney Tim O'Connor and the engineer Matthew Beck will be contacted about the availability of the plans. Once the plans have been received, a meeting will be scheduled for all interested parties to meet to discuss the plans before presenting the information to the District 2 Environmental Commission.

(3) F. Bacon has been looking into covered bridge designs in the area primarily of the flat front on the bridge versus having an overhang as the Dummerston covered bridge and the proposed window configuration. F. Bacon will put information together for the Board to review. M. Rohan indicated that utility and durability be considered the proposed design of the new covered bridge. According to Roger Whitcomb, VTrans Project Manager for the Williamsville covered bridge, the entrance portal overhang provides a better way to end the lattice members and provides more protection for the elements. The opening in the siding for the whole length of the bridge provides more light and better air circulation. 11. EXECUTIVE SESSION
Motion was made by M. Rohan and seconded by R. Marek to enter into Executive Session at 7:45 p.m. to discuss a potential contract. Unanimous.

Motion was made by J. Anderson and seconded by M. Rohan to come out of Executive Session at 7:55 p.m. Unanimous. No decisions were made during

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)
(1) J. Anderson reported that there had been a washout on Vic Benjamin Road (TH#64) that was repaired by the highway crew on a Sunday.

4. B. ROAD FOREMAN'S REPORT - (See attached report)
(1) J. Gray indicated that he does not agree with the proposed legislation to exempt custom and commercial agricultural vehicles under 60,000 pounds from the local excess weight permitting process. (H.477) Concerns are that heavy vehicles damage local roads, there are safety concerns, and there is a lost opportunity to recoup expenses for needed repairs. Motion was made by M. Rohan and seconded by F. Bacon to have L. Bedell e-mail Senators N. Chard and P. Shumlin to inform them that the Newfane Selectboard are opposed to H. 477. Unanimous.

(2) Item #2 - The Brissons have put flower boxes on the shoulders along Dover Road (TH#2) in the Williamsville village, causing a potential hazard. J. Anderson will speak to the Brissons about moving the boxes back at least two feet off the shoulder. The boxes have probably been put there to keep people from parking on there lawn.

(3) Item #3 - Wm. Noyes and J. Gray will review in a couple of weeks, the flood damage work that has been completed before finishing up the additional work that needs to be completed.

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
Motion was made by M. Rohan and seconded by J. Anderson to have the board sign the Access Permit #A01-01, Approval to Proceed with the construction of a new residential access off of Timson Hill Road (TH#41) onto property owned by Bryan and Natalie Donovan (TM#D-51). Unanimous. The conditions of the permit are that the access be perpendicular to the travel portion of the road and level or 1% down gradient for 20'. (B-71 Standards) Width to be a minimum of 12' to a maximum of 24'. Culvert requirement to be waived.

4. F. OTHER ROAD BUSINESS
(1) J. Gray reported that Wm. Noyes and D. Gurney went to look at Bridge #43 on Wiswall Hill Road (TH#11) but the water level was too high to make an assessment of the work that needs to be corrected from a previous repair job.

(2) J. Gray expects to have the paving specifications together after meeting with Kirk Pettingell of Lane Construction. Dover Road (TH#2) from the Newfane/Dover line is to be paved in an easterly direction for as far as funds will allow. The final paving for the South Wardsboro Road (TH#1) flood work is to be done by June 23rd.

4. E. DRAFT ROAD AND BRIDGE STANDARDS
Motion was made by R. Marek and seconded by F. Bacon to amend Item 7 of the Town of Newfane Policy for Transportation Construction and Improvements as passed on 17th of June, 1999 to read "The Selectboard reserves the right to modify the standards for a particular project, where, because of unique physical circumstances or conditions, there is no possibility that the project can be completed in strict conformance with these provisions. Fiscal reasons are not a basis for modification of the standards." Unanimous.

2. A. OPENING OF BIDS - FLAKE CALCIUM CHLORIDE - (cont.)
J. Gray was informed of the one bid received for the purchase of Flake Calcium Chloride from Schoenberg Salt Company. Motion was made by L. Bedell and seconded by F. Bacon to award the bid for the purchase of Flake Calcium Chloride to Schoenberg Salt and Chemical Co., Inc. for the price of $295 per ton for 50 lb. paper bags delivered in full truckload quantities (22.4 tons).with forks to be provided for unloading. Unanimous.

6. NEW BUSINESS
B. DRAFT A & B - REAPPRAISAL RFP
The Board had been given two draft Request for Proposals (A & B) for town- wide reappraisal for Newfane as well as proposed contracts. It was decided by the Board to use Draft B for the basis for review and add some items from the Draft A RFP proposal. Each Board members had also been given a copy of the comments from T. Schreyer's review of the proposals. The Board reviewed Draft B, line by line and made suggested changes. Questions were raised about some of the items: software to be requested, amount of involvement during the reappraisal by the Listers and the Board, amount of training needed, etcetera. Property Valuation and Review will be contacted about some of the questions. R. Marek will take the Draft B document as revised and check the legal language as well as adding a possible page of definitions. He will get it back to DAK to have ready for the next meeting of May 17th.
J. Anderson provided the Board members with information regarding appraisal software used within the state. About 45 towns currently use CAMA/CAPTAP II.

6. F. OTHER NEW BUSINESS
A note and newspaper article regarding Harvard's wages was received from T. Schreyer. He has asked that the hourly rate for the Listers be increased to $9.50 at the upcoming Special Town Meeting from the current $9.00 voted in March 2001. The Board will not be adding an additional article to the warning for a rate increase for this Special Town Meeting. This would be a budget item and the budget was voted at the March 2001 Town meeting.

6. C. SPECIAL TOWN MEETING - PROPERTY EXEMPTIONS
The Board was provided with three different wordings for the articles for the Special Town Meeting for the exemption of taxes from properties not voted at town meeting in March. In Example A the wording is much the same as used in the past; example B provides more detail with references to applicable statutes; and example proposed to exempt three of the seven properties from the Municipal tax only. Also included with the information was the tax breakdown for each property.
Motion was made by J. Anderson and seconded by R. Marek to approve and sign the warning as worded in Example B, for a Special town Meeting to be held on June 7th at the Williamsville Hall beginning at 7:00 p.m. for the purpose of exemption of taxes for seven named properties for a period of five years. Unanimous. (See attached warning) The Regular Meeting of the Board will follow.

7. ADMINISTRATIVE ASSISTANT'S REPORT - (See attached report)
A. Item #2 - Motion was made by J. Anderson and seconded by F. Bacon to approve the rate of $18.00 per hour for Marc Gray for the mowing of the town cemeteries as specified. Unanimous. The rate increased from $15.00 to $18.00 from last year.
B. Item #4 - The Board would like to consider adopting a "Litter Ordinance" to help take care of the litter problem in the area of the roll-off containers and other areas within Newfane. M. Rohan also mentioned putting up a sign to warn of fines for littering and to have a surveillance camera and light installed to deter offenders. A draft litter ordinance will be prepared for the next meeting of May 17th.
C. Item #5 - The Roadside mowing bids will be advertised and sent out this next week.
D. Item #7 - Motion was made by J. Anderson and seconded by L. Bedell to pay the Williamsville School Preservation Society the FEMA funds in the amount of $1,503.84 received for flood damage project. Unanimous. The amount will be added to Account's Payable Warrant #24.

5. A. OTHER OLD BUSINESS - (cont.)

(4) F. Bacon is working on an analysis of salary and benefits data from the VLCT Municipal Salaries and Benefits Survey to compare Newfane with comparable towns within the area to help ensure that employees are treated in a fair and equitable manner. He will continue to work on collecting the data.

(5) R. Marek asked if there has been any response to the letter sent to Attorney R. Perra regarding the C. St. Amant zoning violation. It appears the Mr. St. Amant is lowering the roof line which will have a flat section at the top to bring the height requirement into conformance. It is not known at this time if this will satisfy the violation.

8. MINUTES
The minutes of regular meeting of 04/05/01 and 04/17/01 and the special meeting of 04/11/01 have been reviewed by the Board. CORRECTIONS - 04/05/01- Page #1, 2.A. P 2, second sentence to begin..."Other than having the building placed on the ..." Add sentence before - "If N. Riege does..." to say..."The town continues to entrust a key to N, Riege for retrieving forgotten items." Delete sentence beginning "The cost to heat the building..." and omit sentence "The question was raised about "Why do we own the building?" CORRECTIONS - 04/17/01 - Page #1, 2.A. P 2, last sentence change to "The cost for repairs and reassembling will not be covered with this project which could be (as much as $2000,000) substantial." Page #2. 2.A. last sentence..."The Board thanked (him) Roger Whitcomb for coming to meet with them about the covered bridge." Motion was made by J. Anderson and seconded by R. Marek to approve the minutes of the regular meetings of 04/05/01 and 04/17/01 as corrected and the minutes of the special meeting o 04/11/01 as written. Unanimous.

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:

04/25/01 Payroll $ 2,737.68
04/28/01 Payroll $ 2,774.99
05/01/01 Payroll $ 2,588.85
05/04/01 Acct's Payable #24 $ 343,457.23 Unanimous.
The amount of $1,503.84 was added to Accounts Payable Warrant #24 to be paid to the Williamsville School Preservation Society.

IRS Electronic Federal Payroll Tax Payments
04/24/01 $ 982.89
05/02/01 $ 951.25

10. CORRESPONDENCE
A. Correspondence has been received from John Spicer, Co-Chairman of the Village Enhancement Committee, regarding the understandings taken away from the Board meeting of April 19th by J. Spicer and M. Fassler regarding the VEC.

B. M. Rohan prepared a few thoughts for the Board members to consider regarding Speeding and Traffic Calming. The matter will be discussed at a future meeting of the Board, perhaps at the meeting of May 17th in Williamsville.

C. A copy of a letter from the Zoning Administrator to Johanna Gardner and Bahman Mahdavi regarding the status of their Kroka Expeditions project listing concerns and additional items required to make the application complete.

D. Notification has been received regarding a Zoning Board of Adjustment hearing on Thursday, May 24, 2001 beginning at 8:00 p.m. for appeals brought by Darlene ballantine and Bradley Cassella and Eileen Greber both seeking a variance from minimum required front yard setbacks.

E. The Board has received a copy of the West River watch Project Report 200 from the Bonnyvale Environmental Education Center.

F. A copy of the VLCT News publication for April 2001 has been received.

12. ADJOURNMENT
Motion was made by J. Anderson and seconded by M. Rohan to adjourn the Regular Meeting of the Board at 10:50 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

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