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HomeMy WebLinkAboutMinutes - City Council - 10/21/1968BOARD OF SELECTMEN MEETING OCTOBER 21, 1968 The South Burlington Board of Selectmen held a regular meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Monday, October 21, 1968 at 7:30 P.M. Mr. d'Acuti, Chairman, called the meeting to order. MEMBERS PRESENT Vincent J. D'Acuti, Chairman; Robert K. Ashley, Charles H. Behney, Walter Nardelli and Augustus T. Stannard. MEMBERS ABSENT None OTHERS PRESENT Henry LeClair, Town Manager; Mrs. Helen D. Paquin, Judge of the South Burlington Court; Richard G. Carter, Chief of Police; State's Attorney Patrick Leahy, Roger LeCours, Free Press Reporter; Sam Levin of Radio Station WJOY; George Lambert of T. V. Channel 22 Station; Robert Sprano, Edward Rivers, Leon Emmons, Frederick G. Blais, Attorney Frederick J. Fayette, Attorney Paul R. Graves, Allan Cooke, Charlotte C. Marsh, Clayton B. DeGraff, Rose K. Cohen, Jeanne Leduc, Angelo Pizzagalli and Robert Lafayette. READING OF THE MINUTES OF THE PREVIOUS MEETINGS The minutes of the meetings of October 7 and 14, 1968 were approved as read. DISCUSSION WITH STATE'S ATTORNEY REGARDING POLICY OF OUR POLICE COURT Chairman D'Acuti recapped the situation to date, saying that the town had received the Auditor's recommendations regarding the issue, collection, and follow up of traffic fines as handled by our Police Court. DISCUSSION WITH STATE'S ATTORNEY LEAHY CONTINUED He then read a letter from the State's Attorney in which Mr. Leahy questioned the Court's practice of allowing speeders to appear in the South Burlington Police Court for violations up to 15 mph over the speed limit in the 25 and 35 mph zones and 10 mph over the speed limit in the 50 mph zones, noting that it was the practice in all the other towns in the county to send all violators of the speed limit exceeding 10 mph to Vermont District Court. The Chairman read a copy of the reply to Mr. Leahy in which the Selectmen had reviewed the Court's policy and had agreed not to make any change. Mr. Nardelli read from the Vermont Statutes Annotated, the complete text of the Act establishing the South Burlington Police Court. Mr. Leahy expressed his opinion that in a spirit of fairness South Burlington's policy should be the same as that of the other towns in the county because violators exceeding 15 mph are sent to our Police Court, pay a maximum of a $5 fine, while those with the same degree of violation from other towns are sent to the Vermont District Court, pay a larger fine and also have the violation placed on record at the Vermont State Motor Vehicle Department. Mr. Leahy also brought out that in checking our Police Court records he noted that some charges of passing school buses and careless and negligent driving offenses have also been sent to our Police Court, fined $5.00 and the offense was not recorded in Montpelier. He said these were serious charges and should always be referred to the Vermont District Court. DISCUSSION WITH STATE'S ATTORNEY LEAHY CONTINUED The Chairman said he and the Board were not aware that serious charges such as careless and negligent driving and passing school buses had been handled in the South Burlington Police Court and agreed that this was not proper. The Board unanimously agreed that they would look into the matter thoroughly with all concerned and also agreed such offenses should be referred to the Vermont District Court. Mr. D'Acuti reminded Attorney Leahy and those present that the item for discussion at this meeting was only the setting of a policy that Mr. Leahy felt was not fair. Attorney Fayette said in his opinion the Town's Police Court was established for two reasons: 1. To provide a Traffic Court to handle cases of lessor magnitude. 2. To provide a speedier disposition of the case. Mr. Robert Sprano, Selectman Behney, Charlotte Marsh, Attorney Graves and Chief Carter also expressed their opinion. Upon being questioned by Town Manager LeClair Mr. Leahy said this was the first time he had ever reviewed procedures in any town Police Court. Mr. Behney questioned the State's Attorney making an arbritary ruling on degree of speed. Mr. Fayette said that the statutes state that the Selectmen can only make recommendations and enact ordinances in this case, the Police Court must make the policy and the decisions. On a motion made by Mr. Behney and seconded by Mr. Ashley, the Board voted unanimously to take the matter under advisement and consider it at the next regular meeting to be held on Monday, November 4, 1968. DISCUSSION WITH MR. PIZZAGALLI RE TAX INCENTIVE FOR COMMERCIAL EXPANSION This item was tabled till Tuesday, October 22, 1968 at 5:30 P.M. when the Board will meet with Mr. Pizzagalli in Executive Session at the Pizzagalli Company's Office Building on Joy Drive. FIRST READING OF ZONE CHANGE REQUEST OF NORMAN LEDUC - CHEESEFACTORY RD. Mrs. Norman Leduc told the Board she would like to be assured at this meeting that the Leduc zone change request would be approved, and asked if it would be possible to obtain a building permit and start construction if she received this assurance. Mr. D'Acuti said this was not possible and explained the mechanics of a zone change procedure saying that a definite answer would not be possible till November 18, 1968 at the earliest. The Chairman then read the proposed ordinance for a zone change from Planned District to Residential District A on Cheesefactory Road. The Selectmen unanimously voted to approve the first reading of the request and instructed Mr. LeClair to forward the ordinance to the Planning Commission for their recommendation at their October 28, 1968 meeting. SECOND READING OF ZONE CHANGE REQUEST FROM PLANNED DISTRICT AND BUSINESS DISTRICT B TO BUSINESS DISTRICT A ON WHITE STREET Mr. D'Acuti read the proposed ordinance. He also read the recommendation for approval by the Planning Commission from the minutes of their meeting of September 23, 1968. The Selectmen voted unanimously to approve the zone change. The Ordinance reads as follows: SECOND READING OF WHITE STREET ZONE CHANGE CONTINUED O R D I N A N C E 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 Planned District and Business District B to Business District A. Beginning at a point on the northerly side of White Street which is four hundred and seventy (470) feet southwesterly of the White Street-Patchen Road intersection; thence proceeding in a southwesterly direction along the northerly line of White Street to its point of intersection with the northerly line of Williston Road; thence deflecting to the right and proceeding in a northerly direction in a line parallel to the westerly line of Patchen Road to a brook at the bottom of the ravine; thence deflecting to the right and proceeding in an easterly direction along said brook to a point one hundred and fifty (150) feet distant from the westerly line of Patchen Road; thence deflecting to the right along lands now or formerly owned by the Farmer's Production Credit Association, thence deflecting to the left along land owned by the Farmer's Production Credit Association to the point of beginning on White Street. Section 2. This ordinance shall take effect from its passage. Approved October 21, 1968 SOUTH BURLINGTON BOARD OF SELECTMEN CLAYTON DEGRAFF REQUEST FOR BUILDING PERMIT FOR EXTENSION OF NONCONFORMING USE ON PATCHEN ROAD. ZONE CHANGE REQUEST NOT CONSIDERED. Mr. DeGraff told the Board that he had requested a building permit in order to construct an addition to the rear of the D & S Body and Paint Shop at 357 Patchen Road and had been told that there was some question as to the legality of issuing a permit because the shop is located in a Planned Area. There was a general discussion on the legal aspects of the request and the best procedure for Mr. DeGraff to follow and the Selectmen unanimously voted to have Mr. LeClair forward the matter to the Town Attorney for a legal opinion and to inform Mr. DeGraff of the decision as soon as possible. ARCHITECT BARR'S CONTRACT FEE – ACCEPTANCE On a motion made by Mr. Nardelli and seconded by Mr. Ashley, the Selectmen voted unanimously to accept the price of .3% of the construction cost for planning of the proposed town buildings, and also approved the signing of the contract by Mr. D'Acuti as Town Agent. CONSIDER WATER DEPARTMENT CHARGES FOR SEWER USER COLLECTIONS The Chairman read a letter from the Water Department Board of Water Commissioners in which reimbursement for the following items was requested due to the increased cost and work load involved in handling sewer billing: 1. Half the cost of all billing supplies. 2. Half the cost of a new calculator. 3. Half the cost of a full time girl to become a specialist in bookkeeping procedures. On a motion made by Mr. Stannard and seconded by Mr. Nardelli the Board voted unanimously to pay items 1 and 3, and table payment of item 2, (half the cost of a new calculator) till after Election Day, November 5, 1968. FIRST READING OF ZONE CHANGE REQUEST FROM RESIDENTIAL DISTRICT A TO RESIDENTIAL DISTRICT C This request had been approved at the October 7, 1968 meeting, but because the name of the owner in the proposed ordinance was incorrect this proposed ordinance was read by Mr. D'Acuti for first reading again. Zone change is requested by Mr. Philip Pomerleau and Mr. Herbert Weinsoff to change the land use from Residential District A to Residential District C on property south of Interstate 189 on Dorset Street. The Selectmen voted unanimously to approve the first reading and instructed Mr. LeClair to notify Mr. kellner that he should just consider the zone change request in Planning Commission recommendations and not the planning of the buildings. PETTINGILL REQUEST TO REZONE PROPERTY FROM INDUSTRIAL DISTRICT A TO BUSINESS DISTRICT A - SHELBURNE ROAD Before the reading of this ordinance Mr. LeClair explained that Mr. Pettingill was to check out the mechanics of the entrance to his property with the Town Engineer. Mr. D'Acuti read the proposed ordinance. The Selectmen voted unanimously to approve the first reading and Mr. LeClair was instructed to forward the request to the Planning Commission for their recommendation. DUTCH HILL ENTERPRISES - NON-CONFORMING USE ON SHELBURNE ROAD - CAR WASH The Zoning Board of Adjustment had approved this use variance request at its meeting of October 16, 1968, and it has been brought before the Board of Selectmen for its approval or veto. After a general discussion the Board voted unanimously to instruct the Town Engineer to check out the effect a car wash operation would have on water pressure and the Bartlett Bay Plant, and instructed Mr. LeClair to get a written opinion on the legality of the wording of the warning for the Zoning Board meeting. Mr. LeClair was also instructed to notify the Zoning Board of Adjustment that the reason for recommending or denying any exception or variance shall appear in the minutes of the meeting, (section 13.40 of the Zoning Ordinance). WEBSTER-MARTIN INC. AGREEMENTS Mr. LeClair was instructed to forward the agreements for planning sections of the sewer project as drafted by the Webster-Martin, Inc. firm to the Town Attorney for review. BOARD OF CIVIL AUTHORITY REQUEST Mr. D'Acuti told the Board members that the Board of Civil Authority at its meeting held October 17, 1968 outlined future needs as follows: BOARD OF CIVIL AUTHORITY REQUEST 1. A dozen new booths have to be built. 2. 4 new ballot boxes. 3. Storage place for booths. 4. Use of the middle school for elections so operations could be all on one floor. 5. Money to cover cost of transporting the voting material to the school. 6. Use of the gym on the Mondays preceding election days. 7. An increase to $1.60 per hour for the workers. 8. More people hired to work in both areas. RECOMMENDATION BY MISS MARSH RE DOG LICENSES Miss Marsh recommended that townspeople obtaining dog licenses be given a copy of the South Burlington Dog Ordinance and added that she felt it would be a good idea if the Burning Ordinance was printed on the other side of the sheet. The Selectmen expressed their approval of the recommendation. RESOLUTION - NO LEFT TURNS ENTERING OR LEAVING QUEEN CITY PARK ROAD The following resolution which was approved by the Selectmen at the meeting held on October 7, 1968 is being incorporated in these minutes. R E S O L U T I O N BE IT RESOLVED BY THE SOUTH BURLINGTON BOARD OF SELECTMEN AS FOLLOWS: All traffic making an exit from Queen City Park Road onto U. S. Route 7 (Shelburne Road) shall turn to the right; no vehicles shall turn to the left and proceed on a northerly direction on Shelburne Road. All traffic proceeding northerly on Shelburne Road shall be prohibited from making a left turn onto Queen City Park Road. Appropriate sign or signs designating this resolution shall be erected by the Town Manager. This resolution shall take effect from its passage. Approved October 7, 1968 SOUTH BURLINGTON BOARD OF SELECTMEN The meeting was adjourned at 11 P.M. and the Board went into Executive Session. Approved Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.