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HomeMy WebLinkAboutMinutes - City Council - 06/23/1964BOARD OF SELECTMEN MEETING JUNE 23, 1964 MEMBERS PRESENT: Vincent J. D'Acuti, Chairman; Waitstil E. Brown, Ralph B. Goodrich, Stephen M. Whittlesey. MEMBERS ABSENT: Augustus T. Stannard OTHERS PRESENT: William E. Mikell, Town Attorney; Irving L. Douglas, Town Manager; two guests. MINUTES OF PREVIOUS MEETING: The previous minutes were read and accepted with the exception of one word in the paragraph of Proposed Ordinance. The minutes read, "Chairman of the Town Government Committee asked if this was one of the facts to analyze this particular ordinance;" "the word facts should be changed to functions". WARRANTY DEED: Mr. Douglas stated that Mr. Daniel O'Brien suggested that the Town Government Committee should not act or make recommendations to the Board of Selectmen on the Proposed Ordinance revision of Sec. 520 and 540 as Mr. O'Brien believed that according to the charter this was the sole responsibility of the Planning Commission and that no other committee should make recommendations in the Zoning Ordinances changes. Chairman D'Acuti instructed the Town Manager to resubmit this ordinance to the Town Government Committee for their recommendations to the Board of Selectmen and that all ordinances should be studied by this committee. JANE BRACE LAWSUIT: Chairman D'Acuti read a letter from Homer Stuart as follows: June 17, 1964 Mr. Vincent J. D'Acuti, Chairman Board of Selectmen South Burlington, Vermont Dear Vin: It is not possible for the American Fidelity to help with the defense of the Brace and Bessette claims because the policy, as issued, specifically excludes claims arising out of the existence of streets and sidewalks, and both these claims arise from this source. Both these claims were carefully investigated by the American Fidelity before they denied coverage. If there was any possibility that the exclusion did not apply, they would not have denied the coverage. It has been recommended in the past that this exclusion be removed. It has not been done, however, because of the cost of removing it. The rate to provide this coverage would be $17.10 per mile. If you multiply this rate times the miles of streets and sidewalks in the Town, you will have the cost of adding this coverage. We would be more than happy to remove this exclusion from your policy. Very truly yours, H. H. Stuart HHS/1b JANE BRACE LAWSUIT(Cont.): The Town Attorney explained the Jane Brace lawsuit claiming injuries sustained on Spear Street. The Town Attorney stated that he has asked the court for a declaratory judgment as to the responsibility of the insurance company. Chairman D'Acuti asked when the Bessette case will be heard. Mr. Mikell, Town Attorney, stated that it will follow the Jane Brace suit. Mr. Douglas and Mr. Ladd's suit will be held off until we get judgment. Mr. Whittlesey stated that the insurance policy should be clarified as to what the policy should cover on property in the town. If the street is under construction this exclusion would not apply. ROBERT LADD'S RESIGNATION: The Board of Selectmen recommended to the Town Manager to accept Robert Ladd's resignation with regrets. Mr. Goodrich stated that the town would be the loser. Mr. Goodrich also stated that he would like to see Mr. Ladd stay until the sewer system was put in. Chairman D'Acuti stated that Mr. Ladd was a very capable man and that a study should be made in reference to having some of the road construction done under contract rather than being done by the Town Highway personnel. The Town Manager was instructed to look for a replacement to fill the vacancy of the Highway Superintendent. The Town Manager requested the Vermont State Highway Department to advise him if they knew of an individual that they would recommend for this position. Mr. Ladd's resignation will be effective as of August 1, 1964. WARRANTY DEED-DUMONT-HANOVER STREET: This item was tabled because the deed is not ready. PROPOSED ORDINANCE SECTION 520-540: This item was tabled until the Town Government Committee made recommendations to the Board of Selectmen. This was just one of the duties of the Town Government Committee. Chairman D'Acuti stated that Ralph DesLaurier was submitting an application for a club license and a first class license to sell liquor. The two guests asked for an explanation of the 18 months budget and their tax bill. Mr. Douglas explained that the tax bill read 1964-1965. The appraisal year for arriving at a grand list figure is from April 1, 1964 to June 30, 1965 and the tax rate is assessed against the 18 months budget from January 1, 1964 to June 30, 1965. There being no further business the meeting adjourned at 8:45 P. M. APPROVED Ralph B. Goodrich, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.