Loading...
HomeMy WebLinkAboutMinutes - City Council - 09/09/1968BOARD OF SELECTMEN MEETING SEPTEMBER 9, 1968 The South Burlington Board of Selectmen held a meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Monday, September 9, 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 Harry Behney, Walter Nardelli and Augustus T. Stannard. MEMBERS ABSENT None OTHERS PRESENT Henry LeClair, Town Manager; Richard G. Carter, Police Chief; William J. Szymanski, Town Engineer; Roger LeCours, Free Press Reporter; Joe Barry, Joseph McNeil, Attorney; Howard Cranwell, Leon D. Latham, Attorney; Randall Munson of Munsons Earthmoving Company; Philip Koolvard, Attorney; Philip Doherty and Joel Bilodeau from Webster-Martin, Inc.; James Harvel, Engineer; Briand Parenteau, Leon Boutin, Sam Deihl, Charlotte Marsh, Mr. Spooner, Mrs. Gallant and about twenty other South Burlington residents, a list of whose names is filed with the minutes of this meeting. Because of the large number of interested persons present the Board agreed to meet as the Liquor Control Board and consider the matter of the Joe Barry Restaurant complaint as the first item of business. OPERATION OF JOE BARRY'S RESTAURANT - COMPLAINTS Mr. D'Acuti recapped the details leading up to this meeting and remarked that he had inspected the restaurant building and noticed some construction work in progress at the rear of the building. OPERATION OF JOE BARRY'S RESTAURANT, COMPLAINTS, CONTINUED Mr. Joseph McNeil, Attorney, speaking in behalf of Mr. Barry told the Board that Mr. Barry has ordered, at considerable expense, a new air-conditioning system, and construction is already underway for installing and accomodating the system. He explained that doors and windows can be all closed when the conditioner is installed which would eliminate the noise emanating from the playing of the band and the smoke would also be controlled. Mr. D'Acuti asked for a time schedule of completion of the project. Mr. McNeil said it was impossible to give a time schedule at this time as the air- conditioning unit had to be ordered and delivery date was given as three weeks. He emphasized however that the construction work was already started. Mr. D'Acuti read a recommendation from Chief Carter in which the Chief recommended that a special officer be hired on the week-ends (Fridays and Saturdays) to police the parking lot. Mr. D'Acuti also read a report made by Inspector McCreedy of the State Liquor Department in which he stated that Mr. Barry had the food on hand to comply with state requirements for a licensed eating establishment. Mr. Behney remarked that he had spoken with Mr. McCreedy, who told him substantially what was in his written report. When Mr. Behney then asked if there were plans and specifications on file describing the proposed alterations it was brought out that Mr. Barry had not as yet obtained a building permit, and no plans were on file. Mr. Barry said he had overlooked the permit and would obtain it on the following day, Tuesday, September 10, 1968. OPERATION OF JOE BARRY'YS RESTAURANT, COMPLAINTS, CONTINUED Mr. Barry told the Board that a carpenter, plumber, and electrician had already been hired, that he did not have their contracts with him, but as soon as the materials were received the work would begin. Mr. McNeil said his client had shown his good intentions, and Mr. Barry's objective was to move along as quickly as possible with the project. Mr. Boutin, Mr. Spooner, Mrs. Gallant, and others present spoke in opposition to the method the restaurant was operated, the main complaint being the noise nuisance. Mr. D'Acuti told them the Board was going to resolve the matter, and asked Mr. Barry to curtail the amplifiers, close windows and to do everything possible to cut down on the noise until the permanent corrections were made. Mr. Nardelli suggested that Mr. Barry appear at the first meeting held in October, on October 7, 1968, to present a progress report showing how much of the work was done, and giving a time-table for completion. Mr. Barry remarked that he has experienced difficulty in getting special officers to work on the week-ends. The Board advised him to get assistance in this from the Police Chief. The Board unanimously agreed that Mr. Barry attend the meeting of October 7, 1968, to make a progress report, and that in the meantime he do everything possible to curtail the noise as much as possible until the air-conditioning is installed. HOWARD CRANWELL - REQUEST FOR RELEASE OF PORTION OF BOND Mr. D'Acuti explained that Mr. Cranwell was requesting release of a portion of an escrow bond held by the town for satisfactory completion of the improvements in Laurel Hill South. The Chairman also read a letter from Mr. Cranwell giving a completion date for the paving of the streets by the Vermont Paving Company as Wednesday, September 4, 1968. Mr. Leon Latham, Attorney for Mr. Cranwell, told the Board that after the paving was done the work would be 95% complete, and he felt that Mr. Cranwell was entitled to a substantial reduction of the bond, adding that $2,000 or $3,000 would be enough to complete the work after paving. Mr. LeClair presented a letter from the Town Attorney, in which Mr. Ewing stated that after reviewing the bond agreement his opinion now was that Mr. Cranwell was responsible for the cost of correcting the drainage problem in Laurel Hill South. Mr. Szymanski, Town Engineer, enumerated the most important items left to be corrected, such as the drainage problem on Sebring Road, the cleaning and flushing of sewer lines, installation of the water main on the connector line, non-conforming curb cuts and the water and sewer lines on Sandlewood and Scottsdale too short. He also said there were other minor items that did not meet town requirements. Many residents of the area including Stephen Kirschner, Sam Deihl, Harold Grubb and Hans Weyde discussed their dissatisfaction with the work being done in the development and itemized their different problems. HOWARD CRANWELL - REQUEST FOR RELEASE OF PORTION OF BOND, CONTINUED Mrs. Guilford wanted to go on record as urging the Selectmen not to release any part of the bond until every item was completed and corrected to the town's requirements. Mr. Briand Parenteau pointed out discrepancies in the plan of Laurel Hill South that was approved and recorded in our Land Records. Mr. LeClair said an original plan had been put on file and lots sold according to that plan. Later a revised plan, not recorded, was used when selling lots. Still later a different revised plan was recorded and losts were sold according to that plan, so that presently lot descriptions on the individual deeds do not agree with the plan or plans on file. The Selectmen agreed that before a decision could be reached on the release of a portion of the bond a solution to the correctness of the deeds would have to be reached along with the other problems of unsatisfactory improvements, drainage, etc. After a lengthy discussion the Selectmen unanimously agreed that the legal aspects of the lot descriptions, plans, responsibilities, etc., should be reviewed by the Town Attorney and Mr. Cranwell's Attorney. They also asked Mr. Harvel, Mr. Cranwell's engineer and Mr. Szymanski, the Town Engineer, to work together on the projects yet to be completed as to cost, methods, etc. The Selectmen then asked Mr. Cranwell, the Attorneys, and the Engineers to attend the meeting of September 16, 1968, to go over the items in an effort to resolve the situation. MEETING WITH MR. MUNSON, SEWER CONTRACTOR Mr. D'Acuti recapped the steps leading up to this meeting explaining that Mr. Munson had incurred extra expenses due to work stoppage, and had met with the Selectmen on August 26, 1968, to go over the items billed. At that meeting, the three Board members present formed a sub-committee to investigate the matter, and made a recommendation that the following amounts, which had been thoroughly gone over, be paid. July 2, 1968 $666.00 of a $2017.00 bill approved August 26, 1968 1950.00 of a $3221.35 bill approved August 26, 1968 1177.50 work order - approved $3793.50 Included in the above is a $1200.00 charge for fill, and Mr. Behney remarked that he and Mr. D'Acuti had inspected the site where the fill was used and felt the charge was equitable. The other items on the statements were discussed in detail. The Chairman advised Mr. Munson to take up the matter of the charges that were not okayed for payment with the Webster-Martin Engineering firm. The Selectmen then voted unanimously to pay the $3793.50 as recommended by the sub-committee. Mr. Bilodeau of Webster-Martin, Inc. presented a written report on the status of completion on different streets to each Selectmen, and also pointed out the progress of the project on a chart he had prepared for this purpose. Mr. Munson suggested that informational pieces be furnished the press concerning dates of paving and location and status of construction as it progresses. The Selectmen agreed that this would eliminate a lot of calls from residents. Mr. LeClair said if he got the testing and paving schedules he would see that the information was forwarded to the press. Mr. LeClair pointed out that a manhole has been constructed on private property on Logwood Street and the owner wanted to be reimbursed $1500 for an easement. Mr. Munson estimated a cost of about $750 for moving the manhole Mr. Behney suggested that the owner be offered compensation and be shown that it was more convenient for him to hook on to the sewer from where the manhole is presently located on his property. In discussing the responsibility for the cost of the easement or cost of relocation, the Board asked the contractor and engineering firm personnel to review the matter and ascertain who was responsible for the error in location. Mr. Doherty asked Mr. LeClair to call him as soon as he had an answer from the landowner as to whether he would accept compensation for the easement or not. Mr. Munson reported on the status of the connecting link in Mayfair Park and said he anticipated it would be ready for testing by Friday, Sept. 13, 1968. He said the whole project would be completed in November. The Board asked the Webster-Martin personnel to return and meet with the Board at the October 7, 1968 meeting to present another progress report. AIRPORT PARKWAY DRAINAGE JOB Mr. Szymanski, Town Engineer, said that Airport Parkway is a state-aid road, and he had contacted the state for permission to give the job to the sewer project contractor instead of putting it out for bid. The state gave him permission as the contractor is working in the area and equipment is already at the site. The contractor's estimated cost for the job is $10,960.50, and the Town's State Aid Construction is budgeted at $12,000. The $10,960.50 includes the whole job, except for the reseeding which Mr. Szymanski said would be done by the town highway department crew. Mr. Behney made a motion, seconded by Mr. Stannard, that Mr. Munson do the drainage job on Airport Parkway at the quoted price of $10,960.50, and the vote was unanimous in the affirmative. SECOND READING OF SAN REMO REALTY ZONE CHANGE REQUEST - HINESBURG ROAD Mr. D'Acuti, Chairman, read a zone change request from the San Remo Realty Company to rezone property on Hinesburg Road from Planned and Residential District B to Residential District C. The Planning Commission voted to recommend that the Selectmen approve the request at their meeting of August 12, 1968. On a motion made by Mr. Behney and seconded by Mr. Ashley the Selectmen voted unanimously to approve the zone change. A copy of the ordinance as passed is filed with the minutes of this meeting. SECOND READING - CLUSTER ZONE ORDINANCE Mr. D'Acuti, Chairman, read the zoning amendment to establish a Cluster Zone. Recommendation for passage was voted by the Planning Commission at its meeting of August 12, 1968. SECOND READING - CLUSTER ZONE ORDINANCE - CONTINUED The Board and interested residents present discussed sections in the proposed ordinance, in particular, those parts of the ordinance referring to green belts and the maintenance of them. On a motion made by Mr. Nardelli and seconded by Mr. Stannard, the Selectmen voted unanimously to approve the Cluster Zone Amendment. A copy of the ordinance as passed is filed with the minutes of this meeting. USE VARIANCE - GRACEY PROPERTY ON WILLISTON ROAD Mr. D'Acuti, Chairman, read the use variance request of Richard Gracey to rent business office space at the residence on 1336 Williston Road. The request was approved by the Zoning Board of Adjustment at its meeting of September 4, 1968. Because there was some question as to the location of the driveway location, the Selectmen tabled action on sanctioning the Zoning Board's approval till the September 16, 1968 meeting. At that time Mr. LeClair is to report on his findings as to the proper location of the driveway. FIRST READING OF ZONE CHANGE REQUEST FROM PLANNED DISTRICT AND BUSINESS DISTRICT B TO BUSINESS DISTRICT A Mr. D'Acuti, Chairman, read the proposed ordinance to change the land use of property on the northerly side of White Street to Business District A. Mr. LeClair pointed out the location of the property on the map, and explained that the change was requested in order to have the property conform in use to the adjacent property, i. e. the Merchants National Bank, Post Office, etc. FIRST READING OF ZONE CHANGE - CONTINUED Mr. LeClair was instructed to forward the proposed amendment to the Planning Commission for its recommendation. HIGHWAY EQUIPMENT FUND - REQUEST TO PAY OFF NOTES Manager's request to pay off Equipment Fund Serial notes in the amount of $16,600 was tabled till the September 16, 1968 meeting. ENGINEERS REQUEST TO PURCHASE $2700 WORTH OF PLOW EQUIPMENT On a motion made by Mr. Nardelli and seconded by Mr. Stannard the Selectmen unanimously voted to purchase replacement parts for the old and new snow plow at a cost of $2700. HIRING OF CODE ENFORCEMENT OFFICER The Board authorized the Town Manager to hire a Code Enforcement Officer and Building Inspector at a salary of $125.00 plus $10.00 car allowance weekly. JOB CLASSIFICATIONS Mr. Nardelli said the town should have job descriptions for every town employee position from the town manager down. Mr. LeClair said he was presently working on these classifications and hoped to have them finished shortly. MISCELLANEOUS MOTEL ZONE In order to control nuisance types of businesses that can now be operated next to motels Mr. Behney suggested that the town adopt a motel ordinance. Mr. LeClair was instructed to forward the matter to the Planning Commission for their review and action. MISCELLANEOUS, CONTINUED State Traffic Control Study The Selectmen asked the Manager when the Traffic Control study being made by the state for the Shelburne Road area was going to be completed. Mr. LeClair said he was in touch with the State Highway Department and they were presently working on the study. He said when it was completed he expected to go to Montpelier to go over the details with the Highway Department. Mr. D'Acuti said he would plan to go to Montpelier on this also, and Mr. Behney said if the meeting was on a Thursday he would also be interested in attending. TOWN HALL VOTE Mr. Nardelli asked if the Board was going to put the Town Hall Buildings to a vote. The Board members agreed that it should be brought to the public again and they might try for a November vote. CONDITION OF DRIVEWAY AND GROUNDS AT POST OFFICE BUILDING Mr. D'Acuti said he had a letter from Mr. Russell Chase concerning the bad condition of the driveway and road near the drive-in mail box at the Post Office site on White Street. Mr. LeClair said he had written to the postmaster and had talked with an assistant at the post-office and he felt confident that they would cooperate to take care of the problem. In the meantime the Board instructed Mr. LeClair to throw a load of gravel at the site as a temporary measure. The Board tabled several agenda items as follows: Trash Collection. Traffic resolutions. Pedestrian control at school crossing. Sanctioning Gracey's Use Variance request. Payment of loader notes. Continue consideration of Cranwell request. The meeting was adjourned at 11:55 P.M. APPROVED Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.