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Minutes - City Council - 12/02/1968
BOARD OF SELECTMEN MEETING DECEMBER 2, 1968 The South Burlington Board of Selectmen held a regular meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Monday, December 2, 1968 at 7:30 P.M. Mr. D'Acuti, Chairman, called the meeting to order. MEMBERS PRESENT Vincent J. D'Acuti, Chairman; Charles H. Behney, Walter Nardelli and Augustus T. Stannard. MEMBERS ABSENT Robert K. Ashley OTHERS PRESENT Henry LeClair, Town Manager; William J. Szymanski, Town Engineer; Robert Tucker of the Webster-Martin, Inc. Company; Mrs. Stouch from the Visiting Nurses Association, Mr. Pomerleau, Ralph Goodrich, James W. Marvin, Charlotte C. Marsh, Marjorie Hill, Barbara Bull and Pat Fastiggi from the League of Women Voters; and several other residents of South Burlington. READING OF THE MINUTES OF THE NOVEMBER 18, 1968 MEETING The minutes of the meeting of November 18, 1968 were approved as read after the following corrections were made: Omit section 3 in the last item on page 10, and add the following: Mr. D'Acuti also reported that Mr. Joel Bilodeau of Webster-Martin, Inc. recommended the following: 1. That the town will retain $2,000 for damages to trees and shrubbery on East Terrace. 2. That the bill presented by Ralph B. Goodrich for damaged sidewalk replacement costs would be taken up at the next Selectmen's meeting. Time of adjournment to go into Executive Session was 9:30 P.M. HEAR REQUEST OF RALPH GOODRICH FOR PAYMENT OF SIDEWALK DAMAGE REPLACEMENT COST Mr. Goodrich presented two bills for replacing damaged sidewalks, one for Contract #3, replacing 245 feet of damaged sidewalk at a cost of $857.50, and the other on Contract #4 for replacing 65 feet at a cost of $227.50. Mr. Goodrich asked for payment of these two amounts, explaining that the bills for replacing of sidewalks were made necessary because of the damage caused by other heavy equipment and traffic going around his equipment while he was on the job. On being questioned by the Selectmen Mr. Tucker from Webster-Martin, Inc. told the Board members that Webster-Martin, Inc. had paid for the number of feet they felt the Contractor was authorized to replace on Contract #3, and he did not recommend payment of the balance. Mr. Tucker said he did not know about the details of the matter on Contract #4 as he was not on the job at that time. Mr. D'Acuti asked why this matter was just now being brought before the Board. Mr. Goodrich replied that he was getting everything together in order to get the final payments. Mr. Nardelli asked if there would be other items like this to be brought up at a later date. Mr. D'Acuti replied that Webster-Martin, Inc. said this is the only one on these contracts. Mr. Nardelli asked if resolving the matter was the responsibility of the engineering firm and was told that it was, but they acted as agents for the town. The Board agreed, after a lengthy discussion, to have the manager prepare a more complete report on the item and also instructed him to request a letter from Webster-Martin, Inc. outlining their recommendations about the bills, explaining why they should or should not be paid. CONSIDER LAND-FILL LOADER BIDS Mr. LeClair presented the Selectmen with a tabulation of the bids received. The Town Engineer said he felt that the Hough Loader being considered as a trade-in was in very good shape and his feeling was that the Highway Department could get a lot of use from it if the Board would consider a clean sale. The Town Manager and Town Engineer expressed their opinion that the heavier loader would do a better job. The Selectmen then considered the bids on the heavier machines without trade-in, as follows: Allis Chalmers 28,065 lbs.$27,500 Caterpillar 25,800 lbs.26,100 International 30,630 lbs.28,495 Art Hill, Jr., Hill-Martin Company, gave a presentation on the merits of the Allis Chalmers machine, and Mr. Stebbins, Jordan-Milton Machine Company, gave a presentation on the merits of the Caterpillar machine. After a discussion with the salesmen present and the Town Engineer and Town Manager the Selectmen unanimously agreed to table any decision till the December 9, 1968 meeting. Mr. Szymanski was instructed to try out the Allis Chalmers and Caterpillar machines with Mr. Norton, Highway Department mechanic, and report his findings at the next meeting. VISITING NURSE ASSOCIATION - PRESENTATION BY MRS. STOUCH Mrs. Lisbeth K. Stouch, Executive Director of the Visiting Nurse Association, presented the Selectmen with a four month review of services rendered by the Association to residents of South Burlington, and requested a renewal of the contract with South Burlington for $3,000. Mrs. Stouch said the Association was negotiating with the State to see if the State Welfare Department would contribute to the cost of services to the different towns. The Town Manager was instructed to write to the State Welfare Department and ask about funding for this service. The Board unanimously agreed to table decision at this time and consider it along with the budget at the hearing in February. SECOND READING OF DORSET STREET ZONE CHANGE REQUEST - POMERLEAU Mr. D'Acuti, Chairman, read the proposed ordinance for a zone change from Residential A to Residential District C on property located on Dorset Street. He also read the Planning Commission's recommendation of October 28, 1968 as follows, "On a motion made by Mr. Allard and seconded by Mr. Sargent the Commission voted unanimously to recommend that the Selectmen deny this zone change request as the Planning Consultant had advised that construction of the apartment buildings as proposed would exceed the recommended density." Mr. D'Acuti questioned the wording of the recommendation saying the Commission should have considered only the advisability of the zone change in the area. Several of the Selectmen remarked that the Planning Commission had previously said that Residential C Zone in that particular area would provide a good buffer zone between Business and Residential A. The Town Manager presented a report on just how an apartment complex could affect our tax structure, which is filed with these minutes. Dr. J. F. Bell, Professor James Marvin, and several other residents of the area expressed their opinions of why they felt the request should be denied. Marjorie Hill read the following statement from the League of Women Voters: "The League of Women Voters feels the town was wise in securing the services of a professional planner to update the Master Plan, and that it would now make good sense to follow his recommendation that this request for a change in zoning on Dorset Street be denied." Mr. Nardelli said he was against any new apartments in the town till a full reappraisal of all the property in town is completed. After further discussion Mr. Stannard made a motion that the petition be denied. The motion was seconded by Mr. Behney and passed unanimously. ACCEPT THE JUSTGOLD SEWER EASEMENT The Selectmen unanimously accepted the Justgold sewer easement as researched and prepared by the Town Attorney. REVISED BUILDING PERMIT COSTS The Town Manager presented a schedule of revised building permit fees for the Board's consideration. During the discussion some changes were suggested in the make-up for commercial construction and the Board agreed to forward the schedule to the Zoning Board for their opinion. The Town Manager said that any change in the charges would require the passage of an ordinance setting forth such charges. The Board concurred and the Chairman said that after a first reading, the proposed ordinance would be forwarded to the Planning Commission for their recommendation so that every Board would have an opportunity to review it. The Town Manager was then instructed to forward the schadule to the Zoning Board. FIRST READING OF SET-BACK ORDINANCE 75' FRONTAGE ON SHELBURNE AND WILLISTON ROADS Mr. D'Acuti read the proposed ordinance to require front set-backs on Shelburne and Williston Roads to be 75 feet. He explained the requirement was needed for future improvements on these roads if and when additional lanes would be needed. On a motion made by Mr. Nardelli and seconded by Mr. Behney the Selectmen unanimously approved the first reading. Mr. LeClair was instructed to forward the ordinance to the Planning Commission for its recommendation. ACCEPTANCE OF SHERRY ROAD The Selectmen unanimously approved the acceptance of Sherry Road after reading the legal opinion of the Town Attorney that the quit-claim deed for the street was sufficient. SECOND READING OF PETTENGILL ZONE CHANGE REQUEST ON SHELBURNE ROAD Mr. D'Acuti read the proposed ordinance and the Planning Commissions recommendation of approval. On a motion made by Mr. Nardelli and seconded by Mr. Behney, the Board unanimously approved passage of the ordinance which reads as follows: AN ORDINANCE TO AMEND "THE SOUTH BURLINGTON ZONING ORDINANCE" BY CREATION OF AN ADDITIONAL AREA OF BUSINESS DISTRICT A. The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinance adopted February 28, 1964, and the official zoning map adopted in connection therewith is hereby amended by changing the land use of the following described land from Industrial District A to Business District A. That portion of the property located at 977 Shelburne Road which is presently zoned Industrial District A and recorded in Volume 56, page 10, and Volume 56, page 321, of the South Burlington Land Records. Section 2. This ordinance shall take effect from its passage. Approved December 2, 1968 SOUTH BURLINGTON BOARD OF SELECTMEN LETTER FROM DEPARTMENT OF WATER RESOURCES Mr. D'Acuti read a letter from Mr. LaRosa of the Water Resources Department in which Mr. LaRosa explained that the contract for the development of preliminary designs for Phase V of the sewer system does not include payment for special field surveys for land takings and easements. The Chairman then instructed the Town Manager to have Mr. Doherty of Webster-Martin, Inc. write an answering letter to be signed by Mr. D'Acuti. LETTER TO THE JAYCEES Mr. Nardelli requested that a letter of commendation be forwarded to the JayCees noting the erection of the Nativity Scene on Williston Road. LETTER FROM THE NATURAL RESOURCES COMMITTEE Mr. D'Acuti read a letter from Mr. Ladeau of the Natural Resources Committee in which Mr. Ladeau stated that the Committee has voted to endorse the resolution presented to the committee by the JayCees pertinent to the purchase of the so-called O'Brien property on Patchen Road and further recommends that the $10,000 given by the town to the Natural Resources committee for such purposes be fully utilized in this effort. The letter is filed with the minutes of this meeting. REZONING OF O'BRIEN PROPERTY ON PATCHEN ROAD The Town Manager was instructed to check with the Town Attorney to see if a zone change has to be made on the O'Brien property so it can properly be used for recreation purposes. TOWING OF BROKEN-DOWN OR WRECKED CARS The Town Manager was instructed to have the Police Chief prepare a recommendation to the Selectmen for an ordinance relating to the towing away of broken-down or wrecked cars illegally parked in town. MUNICIPAL BUILDINGS - MEETING WITH ANTONIO POMERLEAU Mr. D'Acuti announced that Mr. A. Pomerleau had requested a meeting with the Board to discuss the municipal buildings. The Board agreed to meet in Executive Session with Mr. Pomerleau after the regular meeting of December 9, 1968, and Mr. LeClair was instructed to notify Mr. Pomerleau of their decision. POLICE DEPARTMENT CRUISER BIDS Because the Brewer Brothers bid for the purchase of two police cruisers was not the low bid made to the State Purchasing Department, the Town Manager was instructed to put the item out for bids again. Mr. Behney suggested that Mr. LeClair also sent the specifications and bid form to the Chrysler' dealers as he understood they offered a special price for a fleet of five or more cars. POLICE DEPARTMENT RADIO BASE SYSTEM In discussing the need to purchase a new radio base system, the Board told the Manager to check into the matter in depth, to prepare specifications, and to request bids from several concerns. SHELBURNE ROAD TRAFFIC CONTROL PLAN The Selectmen discussed the Shelburne Road Traffic Control plan and Mr. D'Acuti reported that a letter had been forwarded to the State Highway Department explaining why it was not feasible to construct a street from Lindenwood Drive to Swift Street as had been suggested. ACCEPT THE DEED TO LAUREL HILL SOUTH STREETS The Selectmen unanimously agreed to request a letter from the Town Attorney stating his opinion of the legality of accepting the streets in Laurel Hill South at this time. The Board also instructed the Town Manager to caution the Planning Commission not to recommend reducing the bond on Laurel Hill South beyond the amount needed to complete the work. ACCEPTING JOY DRIVE The Selectmen instructed Mr. LeClair to check with Mr. Remo Pizzagalli and clear up the outstanding details on Joy Drive so the Board can consider accepting the street. JOE BARRY'S RESTAURANT The Selectmen unanimously agreed to invite Joe Barry to the next meeting to report on his efforts to eliminate the noise emanating from his restaurant. The Board also discussed asking Mr. Barry to eliminate the band until the building is sealed sufficiently to control the noise, as complaints are still being received. PAYMENT FOR HALF OF THE COST OF WATER DEPARTMENT CALCULATOR The Selectmen voted unanimously to pay for half the cost of the calculator purchased by the Water Department for use in the Sewer Department portion of the work. The meeting adjourned at 10:55 P.M. APPROVED Charles H. Behney Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.