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HomeMy WebLinkAboutMinutes - City Council - 07/15/1968BOARD OF SELECTMEN MEETING JULY 15, 1968 The South Burlington Board of Selectmen held a regular meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Monday, July 15, 1968 at 6:30 P.M. Mr. D'Acuti, Chairman, called the meeting to order. MEMBERS PRESENT Vincent J. D'Acuti, Chairman; Robert K. Ashley, Charles H. Behney and Walter Nardelli. MEMBERS ABSENT Augustus T. Stannard OTHERS PRESENT Henry LeClair, Town Manager; Joel Bilodeau, Philip Doherty and Robert Tucker of Webster-Martin, Inc.; Mr. Brand of C.B.S. Development Corp.; David Fonseca, Director of Chittenden County Regional Planning Commission; Mr. and Mrs. Carl Billado, Roger LeCours, Free Press Reporter; H. Mark Bolton, William Mikell, Jere Meserole, Colonel George C. Crooks and Linda Christensen from the League of Women Voters. COTTAGE GROVE AVENUE CEMENT BLOCK WALL OR FENCE Mr. and Mrs. Carl Billado told the Selectmen that because motorists were ruining their lawn they had constructed a cement block fence for protection. They said the Town Manager had requested it be removed as he felt it might prove to be a traffic hazard. The Billados presented a plan of their lot lines showing the wall to be on their property. COTTAGE GROVE AVENUE CEMENT BLOCK WALL OR FENCE, CONTINUED The Board agreed that the town could not touch the fence if it is legally on their land and conforms with safety regulations and told the Billados that the Police Department would check on the matter from the traffic safety standpoint and the Town Attorney would be asked to check in the legal aspects of the situation. MEETING ADJOURNED TO WJOY BUILDING IN SOUTH BURLINGTON Because of the extreme heat the Chairman asked the members of the Board and others present if they would adjourn the meeting to an air-conditioned room in the WJOY building. The vote was unanimous and the meeting at the Town Hall was adjourned at 6:40 P.M. and was called to order in the new location at 6:50 P.M. ZONE CHANGE REQUEST - ALLAN KAUFMAN - SHELBURNE ROAD The Chairman read a petition from Allan Kaufman for a zone change from Planned District and Business District A to Business District B on a parcel of land located on the easterly side of Shelburne Road. The Selectmen voted unanimously to approve the zone change request as read and instructed the Town Manager to forward a copy of the proposed ordinance to the Planning Board for their recommendation at their special meeting to be held on Tuesday, July 23, 1968. A copy of the first reading is filed with the minutes of this meeting. ZONE CHANGE REQUEST - H. MARK BOLTON - HINESBURG ROAD The Chairman read a petition from H. Mark Bolton for a zone change from Business District A to Residential District C on Hinesburg Road property. The Selectmen agreed that the proposed nursing home would be suitable on the property in question, but felt that a change to Residential C was not feasible in the event the nursing home was not constructed. ZONE CHANGE REQUEST ­ H. MARK BOLTON ­ HINESBURG ROAD – CONTINUED They pointed out to Mr. Bolton that if the property was re-zoned Residential C multi-family dwellings would be permissable, and the Board did not feel it would be the best use of the property in that location. They asked him to consider requesting a use variance on the property for nursing home use only. Mr. Bolton agreed with the Board, and the Town Manager was instructed to proceed with arrangements to have a variance request brought before the Zoning Board of Adjustment as soon as possible. ZONE CHANGE REQUEST - RAY UNSWORTH - SHELBURNE ROAD AREA The Chairman read the petition of Ray Unsworth requesting a zone change from Residential District B to Residential District C on property located on the west side of Shelburne Road. Mr. Jere Meserole explained that the property had Lake Champlain frontage of considerable value and he felt that if either Cluster Housing or Apartments were to be constructed on the site more residents would have the use of the beach than if the lake shore frontage lots were sold separately at a cost that would be prohibitive. There was a general discussion on the responsibility of the building of roads, the definition of Cluster Housing in the different zones, etc. Mr. Nardelli made a motion that action on the petition be tabled till the Planning Commission defined the Cluster Housing Concept in each zone in writing, and the liability of building a 60 foot road was determined. Mr. Ashley seconded the motion, and the Selectmen voted unanimously to table the item. RESOLUTION FROM THE SOUTH BURLINGTON KIWANIS CLUB - MR. MIKELL Mr. William Mikell, President of the South Burlington Kiwanis Club, presented and read a resolution from the Club relating to respect for law and order and recommended efforts to accomplish this. Mr. Mikell emphasized that the resolution was in no way a criticism of the South Burlington Police Department, but was drafted to demonstrate support for law enforcement personnel. The resolution contained suggestions such as formation of a committee to be known as "A Community Committe on Respect for Law". The Chief of Police was also invited to attend a Kiwanis Club meeting to outline possibilities for support by the Club and its members for the enforcement of law in our community. The Chairman thanked Mr. Mikell for his presentation, and the Resolution was made part of the records, the original being filed with the minutes of this meeting. SEWER CONSTRUCTION PROBLEMS = WEBSTER-MARTIN, INC. PERSONNEL PRESENT FOR GENERAL DISCUSSION Mr. D'Acuti, Chairman, told Mr. Doherty that there were many complaints because of the sewer construction, mostly in the area of the condition of the streets, lack of sufficient dust control, and delay in completing sections to be sewered. Mr. Doherty explained that the very nature of the project generates complaints, and admitted that in some ways Webster-Martin, Inc. could tighten up to reduce the complaints. On being questioned about the progress of the sewer construction, Mr. Bilodeau pointed out on a prepared chart parts of the project that were completed and in use, sections that were completed but not approved for use, sections that were completed but had missing links which delayed the use of the sewer, and those parts of the project that have not been started. The Board members individually questioned Mr. Bilodeau for detailed explanations of problems on specific items of construction and problems on specific streets. Mr. Bilodeau and Mr. Tucker, the Resident Engineer, then explained that many factors entered into the contractor's decision on where to proceed, such as the need for fill in certain areas, excessive water that slowed up construction, waiting for easements, etc. Mr. Tucker also answered questions on his system of having calcium chloride spread for dust control, and said he would attempt to have a more satisfactory job done on this phase of the project. The Board expressed their concern because an uncompleted link made it impossible to complete the Mayfair Park area. After listening to the reasons why it had not been done, the Board agreed that construction on this portion should proceed according to the original plan, and instructed the Town Manager to look into the matter of easements, fill, or whatever was delaying the completion of that portion. Mr. Bilodeau said that Mr. Munson, contractor, through no fault of his, had incurred extra expenses that he felt he should be paid for. The Board agreed that if Mr. Munson had incurred expenses because of legitimate causes he should be compensated. Mr. Doherty, Mr. Tucker and Mr. Bilodeau were invited to confer with the Selectmen at their August 5, 1968 meeting to report on the progress of the project at that time. DISCUSSION ON SEWER CONSTRUCTION PROBLEMS, CONTINUED In discussing the most economical way to sewer Hinesburg Road below Kennedy Drive the Board agreed to instruct Mr. LeClair to contact the State Highway Department for permission to do the work in the middle of the road. PRESENTATION BY DAVID FONSECA, DIRECTOR OF CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION Mr. Fonseca presented the Selectmen with a brochure that outlined the objectives of the Regional Planning Program. The Chairman told Mr. Fonseca that he personally was disappointed in the Commission, saying it should be concerned with Regional Planning, Land Fill Areas, Incinerator Systems, Police and Fire Departments for the participating towns, and also that the Commission had not helped the Town of South Burlington in any way thus far. Mr. Fonseca explained that the Regional Planning Commission had just received their appropriation, were now setting up the office, staff, etc. and outlining their objectives. He said South Burlington had never requested any help and that the Commission would be able to supply consultants to help with Planning, Zoning, and in any other area the town or towns wished. The members of the Board and Mr. Fonseca discussed the advantages of several towns hiring one Planning Consultant to assist their Planning Commissions. Mr. Fonseca thought this would be a very good idea in that it would relieve the local Commissions of the technical details of planning, drafting ordinances, etc. which bogged down their other work. The Board agreed that it would be a good idea to have representatives of the participating towns meet with Mr. Fonseca to consider area problems. Mr. Fonseca invited the Board members, the Police Chief and Mr. LeClair to attend a meeting of the Law Enforcement Study Committee to be held on Thursday, July 18, 1968 at the Commission's Office in the village of Richmond, Vermont. SPEAR STREET SPEEDING AND PARKING PROBLEMS Colonel George C. Crooks, a resident of Spear Street, was present and reported that motorists were ignoring the 'No Parking' signs on Spear Street and were speeding, especially between the hours of 7:00 to 8:30 A. M. and 4:30 to 5:00 P.M. Mr. LeClair was instructed to check into whether the town had an ordinance enforcing the 'No Parking' locations, and to request the Police Chief to check the speeding on Spear Street. LETTER FROM QUEEN CITY PARK VOLUNTEER FIRE DEPARTMENT Mr. D'Acuti, Chairman, read a letter from the Queen City Park Volunteer Fire Department in which they requested the use of the fire truck which the town acquired through the Civil Defense program some time ago. The Board voted unanimously to allow the Volunteer Fire Department to use the truck until such time as the town has its own fire department. BOARD OF CIVIL AUTHORITY MEETINGS Colonel Crooks, Chairman of the Board of Civil Authority, informed the Board that the next meetings would be held on Thursday, August 1, 1968 at 7:30 P.M., on Friday, August 16, 1968 at 7:30 P.M. on Saturday, September 7, 1968 at 1:30 P.M. and on September 7, 1968 at 1:30 P.M. and on September 10, 1968 after voting hours for counting the ballots. SCHOOL SEWER CHARGES Mr. LeClair, Town Manager, informed the Board that he had submitted bills for a total of $21,410.13 sewer assessment, to be paid in three installments of $7,136.70 each to the Superintendent, for assessment charges on the South Burlington school buildings. SEWER TRUCK LOAD FEE AT TREATMENT PLANT The Town Manager explained the cost of processing sewer truck loads at the treatment plant, saying it costs about $2.00 a load for processing and the town has been charging $1.00 per load. The Board unanimously agreed to set the price at $2.00 a load and instructed the Town Manager to inform the contractors that this price would go into effect on August 1, 1968. USE OF SCHOOL BUSES Mr. D'Acuti, Chairman, said he had spoken with Mr. Fayette, Attorney for the School Department, who said that when he gave his opinion on the use of school buses by the Recreation Department he did not realize that it was a town department, and he now felt it would be perfectly permissable for the Recreation Department to use school buses for its activities. The Town Manager was instructed to inform Mr. Burnell, Recreation Director of this fact, and also to have Mr. Burnell go over the matter with Mr. Lucas in the light of this new information. DISCUSSION ON WIDENING DORSET STREET The Board discussed the possibility of widening Dorset Street as an extension of the sewer project. They instructed the Town Manager to check into the legality of using sewer funds for this purpose and to obtain prices from other contractors on the approximate cost of this improvement. LETTER FROM MR. BOUTIN, PROPRIETOR OF REST HAVEN MOTEL Mr. D'Acuti, Chairman, read a letter from Mr. Leonard Boutin, proprietor of the Rest Haven Motel, in which he stated he had received no satisfaction in making complaints about the noise and nuisance emanating from the operation of Joseph Barry's restaurant. He wanted to be compensated for loss of business and income for this reason. Mr. LeClair explained the steps that led to the receipt of this letter, saying he had talked with Mr. Barry on more than one occasion, that Mr. Barry said he would resolve the matter, but had not done so. The Board unanimously agreed to invite Mr. Boutin and Mr. Barry to its regular meeting of August 19, 1968 to try and iron out the matter, and also instructed Mr. LeClair to obtain legal advice from the Town Attorney on how it should be handled. LETTER FROM DANIEL R. O'BRIEN, CONTRACTOR The Chairman read a letter he had received from Daniel R. O'Brien, Contractor, regarding a reserve strip of land he owns on Maryland Street and quoting a price to the town for the purchase of the strip at $6000 per 100 front feet. Mr. LeClair was instructed to answer the letter and inform Mr. O'Brien that the town was not interested in acquiring the reserve strip. SIDEWALK BID OPENINGS Mr. LeClair told the Board that the Town Engineer had sent out plans and specifications for Portland Cement sidewalks in different sections of town and informed them the bid opening was set for Friday, July 26, 1968 at 3:00 P.M. at the Town Office Building. LETTER FROM SOUTH BURLINGTON SCHOOL DISTRICT Robert D. Lull, Jr., Superintendent of the School District, wrote to the Town Manager, stating that he would confirm the invitation to meet with the Planning Commission on September 9, 1968 after the School Board held its August 12, 1968 meeting. He also said he would approach the Selectmen for a definite meeting date after the School Board completes its work on the 5 year Program. FINANCIAL STATEMENTS The Selectmen and the Manager went over the figures on the financial statements of June 30, 1968 and discussed several items. TOWN BUILDINGS The Selectmen unanimously agreed to resubmit the question of building the Municipal Buildings to the voters this fall. LEOPOLD YANDOW LETTER The Chairman read a letter from Leopold Yandow in which he stated he had waited over a year for a decision on Cluster Housing at considerable expense. Mr. D'Acuti informed the Board that the Planning Commission was holding a special meeting for consideration of this item on Tuesday, July 23, 1968. READING OF THE MINUTES OF THE JULY 1, 1968 MEETING The minutes of the July 1, 1968 meeting were approved as read after a correction was made. There being no other business to come before the meeting it was adjourned at 11:55 P.M. APPROVED Charles H. Behney, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.