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HomeMy WebLinkAboutMinutes - City Council - 05/04/1965BOARD OF SELECTMEN MEETING May 4, 1965 The Board of Selectmen for the Town of South Burlington held a meeting on Tuesday, May 4, 1965, at 7:30 p.m. at the Town Municipal Building at 555 Dorset Street, South Burlington, Vermont. MEMBERS PRESENT Vincent J. D'Acuti, Chairman, Augusts T. Stannard, Ralph B. Goodrich, Robert K. Ashley, and Stephen Whittlesey. OTHERS PRESENT Irving L. Douglas, Town Manager, and Mr. and Mrs. Ernest Auclair. PETITION OF MR. AUCLAIR FOR DAMAGES TO HIS LIVESTOCK Mr. Ernest Auclair of Hinesburg Road informed the members of the Board that he had reported to the Town Manager that a neighbor's dog had chased his cattle, and he was unable to find five of them. The incident took place on January 8, 1965 in the pasture just South of Dr. French's residence. Since that date the dog has been restrained quite well. At one time, though, Mrs. Marston, owner of the dog, did call Mrs. Auclair to tell her that her dog was loose, and Mr. Auclair was to check on his cattle. On April 6th Mr. Auclair found two cows in the brook, and previous to this, one cow had been found in a shed in a frozen state. Two cows remain missing. Mr. Auclair seeks damages from the Town of South Burlington for these five animals. Mr. Auclair displayed pictures that he had taken of the two cows that he had found in the brook. It is Mr. Auclair's feeling that he should not have to hire a lawyer in order to collect damages for his livestock. PETITION OF MR. AUCLAIR FOR DAMAGES TO HIS LIVESTOCK (Continued) Mr. Douglas explained that he understood the Law states that the Claimant may either go to the Town for damages, or to the owner of the dog. Mr. Auclair stated that he had contacted the owners of the dog, and requested a settlement. The owners of the dog referred the matter to their insurance company, and the insurance company offered to pay damages for only one cow, or one hundred and fifty ($150.00) dollars. Mr. Auclair believes his claim should be for five animals at the cost of two thousand ($2,000.00) dollars. The Town Manager, Mr. Douglas, was instructed to contact Dr. Brown, and request that the cattle which Mr. Auclair found be made available so that the Veterinarian could perform an autopsy on the animals. The Chairman of the Board, Mr. D'Acuti, and Mr. Ralph Goodrich will attend the autopsy. Mr. D'Acuti explained to Mr. Auclair that he should put his claim in writing, fully explaining the circumstances under which he is seeking full damages for his cattle. Mr. Goodrich felt that more investigation should be made, and that the Board would follow the recommendations of their Town Attorney, Mr. William Mikell. BARTLETTS BAY DRAINAGE The Town Manager stated that the open ditch from Shelburne Road to the Railroad tracks must be reconstructed. Pictures of the open ditch were displayed by the Town Manager. He also reported that the continuing flow of water is washing away each year a small portion of the South side which eventually could wash away a portion of the road. The repairs to this open ditch is made necessary especially West of the roadway and culvert. The driveway was built to the entrance of Sears Roebuck and Co. warehouse. Also the sewage drain line which enters our interceptor to the Barltetts Bay Plan can cause a lot of damage by debris being caught, and forming damage in this location. Also tree, and tree roots stops the flow of water creating another serious condition. Much of this condition has been created by the excavation of the lot near the Railroad track seventy (70') feet East to correct the grade conditions where the sewerage line crosses this ditch. I believe that Mr. Pomerleau is willing to pay for a portion of this work. Mr. Stannard called to the attention of the Board that he, at a previous meeting, had discussed this condition, and had understood that the Town had commited itself to do this work. He stated that the Town had made this commitment about two months ago. The Town Manager stated that he had not commited, or had any employee of the Town, commited the Town for correction of this open ditch other than the construction of a headwall on each end of the culvert pipe that had been installed by the general contractor. BARTLETTS BAY DRAINAGE (Continued) Mr. Goodrich recommended that from the 30" culvert pipe that has already been installed, to continue with the 30" pipe to the open ditch near the Railroad track. It was Mr. Goodrich's suggestion, and recommendation, that it be done in this manner, if Mr. Pomerleau will pay for the pipe, and that the Town should make the installation, and furnish the fill for the coverage of the pipe. The Town Manager was instructed to contact Mr. Pomerleau, and if this was agreeable with him, to do this work at the earliest possible date. BREWER PARWAY DRAINAGE Chairman D'Acuti questioned as to when the drainage would be taken care of in front of Dr. Fabian's property. The Town Manager explained that this work can be done sometime before July. It has been decided by the Board to make this installation permanent, and not to go into the sewer line, to continue on Brewer Parkway, install manholes, and empty into the brook that crosses Brewer Parkway. The Town Manager was instructed to see that this drainage work was done at theearliest possible date. ACCEPTANCE OF AGREEMENT FOR PUBLIC WORK PLANNING PREPARATION FOR CONSTRUCTION OF LATERAL SEWERAGE SYSTEM-- FOR PLANNING FUNDS Members of the Board accepted the Agreement for Public Work Planning Preparation for Construction of Lateral Sewerage System as offered by the HHFA for Planning Funds. Mr. D'Acuti signed the Agreement form for the Board. A Resolution concerning the government advancement for preparation of planning documents was unanimously approved, and accepted by members of the Board. APPOINTMENT OF STANDING COMMITTEES A letter from the Town Manager will go to the Chairman of each Standing Committee, and a list of the members of each Standing Committee as well as the duties of the various committees will be enclosed. REQUEST OF TOWN OF SHELBURNE TO USE SOUTH BURLINGTON LAND FILL AREA The Town of Shelburne requested the Board for permission to use South Burlington land fill area either on a temporary basis or on a more permanent arrangement. Mr. D'Acuti felt that the land fill area was being filled quite rapidly, and the Town of South Burlington should restrict use of this area. The Town Manager was instructed to write to the Mayor and Council of Winooski, and inform them that the Town of Winooski's permit to use South Burlington land fill area would expire on September 1st of this year. Mr. Douglas was to also write to the Town of Shelburne to inform the town that the Board does not wish them to use South Burlington land fill area. Some discussion followed concerning the dumping of tree stumps, and limbs to help fill the gulleys that exist in South Burlington. FIRE ORDINANCE PRINTED AND FIRE PERMITS TO BE ISSUED The Fire Ordinance which the Board unanimously approved was accepted, and will be distributed. Mr. Mikell composed a Fire Permit which may be used by the Town. PROPOSED SEWERAGE SYSTEM HEARING ON MAY 11th Mr. D'Acuti, Chairman of the Board, explained, with the aid of a map, to the members of the Board, just where Phases I, II, and III of the Proposed Sewerage System would be located. He will use the same map during the delivery of his speech to be given at the Kiwanis Club meeting to be held on Thursday, May 6th, at the Cupola. During the discussion of proposed sewerage system, and the three methods submitted for financing the system, Mr. D'Acuti made it quite clear that he did not want the proposed tax rate to be issued before the Kiwanis meeting. Meeting adjourned at 11:00 p.m. APPROVED Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.