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Minutes - City Council - 04/07/1969
BOARD OF SELECTMEN MEETING APRIL 7, 1969 The South Burlington Board of Selectmen held a regular meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Monday, April 7, 1969 at 7:30 P.M. Mr. Behney, Chairman, called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Vincent J. D'Acuti, Walter Nardelli, Gregory L. Premo and Raymond E. Stearns. MEMBERS ABSENT None OTHERS PRESENT Charlotte Marsh, Roger LeCours, Free Press Reporter; Harold Baker, Donald Owen, Donald Kirby, Dwain H. Hood, Richard Stevens, Wesley J. Goodell, Ronald Pepin, Maurice F. Senesac, Frank Cota, and Mrs. Barbara Bull from the League of Women Voters. READING OF THE MINUTES OF THE MARCH 17 and MARCH 20, 1969 MEETINGS Mr. Premo made a motion to accept the minutes of the March 17 and 20, 1969 meetings as read. The motion was seconded by Mr. Stearns and passed unanimously. CONSIDER PETITION TO DISPOSE OF DOG CONSIDERED VICIOUS BY APPELLANTS Chairman Behney read a petition signed by eight residents of Queen City Park as follows: "We, the undersigned, as legal voters of the Town of South Burlington, with this petition, file a formal complaint against one mongrel dog owned by Robert Girouard of Central Avenue, South Burlington. The dog is medium sized, long haired, reddish yellow in color, and goes by the name of "Poucher". We consider this dog to be vicious. Over the past six months this dog has attacked and bitten (on more than a dozen occasions) both adults and children of our community. The owners have been ordered into court and instructed to keep the dog confined. This has not been complied with and the dog is once again running free; in fact, he actually attacked and bit another eight year old boy while this petition was being drafted". Mr. Behney then read from letters of March 18 and April 2, 1969 from Paul Graves, Town Grand Juror, who had prosecuted this dog complaint. Mr. Graves wrote that the Girouard family had not complied at all in attempting to restrain the dog, and that Title 20, Section 3546 of the Vermont Statutes Annotated clearly gives the Selectmen the authority to act. He recommended that the Selectmen order Mr. Girouard to find a new home for the animal outside the limits of the town or have the dog disposed of. Mr. D'Acuti made a motion to accept Mr. Graves' recommendation. The motion was seconded by Mr. Nardelli and passed unanimously. Mr. LeClair was instructed to notify Mr. Girouard by registered letter of the Board's action. CONSIDER COMPLAINT ABOUT TOWN'S SIGN ORDINANCE Chairman Behney told the Board that Mr. Cota, a sign manufacturer, objected to part of paragraph 3, section 7.80 of the sign ordinance as follows: No sign in this district shall: (3) - - "or use exposed neon type lighting". Mr. Behney invited Mr. Cota to speak to the Board. Mr. Cota said the use of exposed neon was very common in making signs, and in fact the State of Vermont had just licensed him as a teacher of the sign business. The State has no objection to the use of neon. In answer to questioning by Board members he said that exposed neon is attached to a metal box or container for safety reasons. COMPLAINT ABOUT SIGN ORDINANCE, CONTINUED Mr. Stearns asked what the intent of the regulation was when it was passed by the Board. Mr. D'Acuti said it was adopted to cut down on glaring signs as well as to cut down on the moving, flashing and rolling type. Mr. Stearns commented that in all fairness the town should not put limitations on one type of sign, for instance limiting colors on neon which has the tendency to be extra bright. If we are aiming for aesthetics, he said, it must apply to any substance the signs are made of, and he questioned whether a sign contractor could be told what color a sign should be. Mr. Behney said the Board's consideration might be to qualify what we would approve in neon signs, nothing distasteful or too colorful. Mr. Cota said the visibility of neon is much greater than plastic covered lighting but the intensity of the neon lighting could be adjusted in strength. Mr. D'Acuti suggested that Mr. Cota's complaint be referred to the Zoning Board of Adjustment. Mr. Cota said he had met with that Board several times. Mr. Nardelli made a motion to delete the words "or use exposed neon lighting" from the sign ordinance. Mr. Behney said he would like to put more thought in the wording of any revision to the ordinance and suggested that within 30 days, the Board come up with a changed or altered sign ordinance. Mr. Nardelli withdrew his motion. Mr. Nardelli made a motion that the Board be directed to reconsider the section of the ordinance in question for possible revisions. Mr. D'Acuti seconded the motion and it passed unanimously. COMPLAINT ABOUT SIGN ORDINANCE, CONTINUED Chairman Behney asked the Board to report on their decisions at the next meeting. CONSIDER ACCEPTANCE OF FOREST PARK PUMPING STATION Chairman Behney referred to a list of discrepancies in the construction of the pumping station which had been prepared by the Town Engineer, a copy of which had been forwarded to each Board member, and said the Planning Commission recommended acceptance upon completion of the items of discrepancies. Mr. LeClair explained that the corrections to the pumping station were relatively minor and recommended acceptance with reservations. Mr. Nardelli made a motion to accept the deed to the Forest Park pumping station subject to the corrections being made as outlined by the Town Engineer and verified by him. The motion was seconded by Mr. D'Acuti and passed unanimously. FIRST READING OF TRAFFIC ORDINANCE AUTHORIZING REMOVAL OF MOTOR VEHICLES PARKED WITHOUT AUTHORIZATION Mr. Behney, Chairman, read the proposed ordinance after substituting the words motor vehicles for automobiles in the copy. The Board agreed that the ordinance would control the illegal parking problem on Airport Circle as requested by William Shea, Airport Manager, as well as throughout the rest of the town. Mr. D'Acuti made a motion to accept the first reading. Mr. Nardelli seconded the motion and it was passed unanimously. Mr. LeClair was instructed to advertise the proposed ordinance for a second reading. Mr. Stearns suggested that Mr. LeClair look into the necessity of erecting "TOW" signs in the areas in question. REPORT ON AIRPORT MATTERS BY MR. D'ACUTI Mr. D'Acuti reported that Mr. William F. Shea, the new manager of Burlington International Airport, was trying to follow up on all items that pertain to South Burlington, such as the parking on Airport Circle, regulations for taxis making pick-ups at the Airport in regard to charges, and the possibility of a reassessment of the taxes on the Airport property. Mr. Behney, Chairman, said that the proposed traffic ordinance would take care of the parking problem on Airport Circle. Mr. Stearns suggested that Mr. LeClair check with the Town Attorney on the necessity of erecting tow signs where the parking will be illegal. REGULATION OF TAXI CHARGES ON PICK-UPS FROM AIRPORT Mr. LeClair explained that the Town Attorney had conferred with the City Attorney about the taxi fares charged for Airport pick-ups. Mr. Ewing reported by phone that all the City would have to do is request the cabs picking up fares at the Airport to install meters, that because of the limitations of our Charter we can't force the installation of meters. Mr. LeClair was instructed to write to the Town Attorney to consult with the City Attorney, advising him that the City is in much better condition Charter- wise to enact an ordinance regulating pick-ups at the Airport and advising him that the Selectmen feel that requiring taxis to install meters for such pick- ups would help solve the problem. In regard to the Tax Assessment Mr. LeClair reported that George Silver, Assessor, had made an appointment to go over the matter with the Airport Manager. APPOINTMENT OF COMMITTEE MEMBERS Chairman Behney recommended that appointment of committee members be tabled till the April 21, 1969 meeting as the Board doesn't have any written recommendations on activities of present members or any suggestions on new members at this time. Mr. D'Acuti made a motion to table appointment of committee members till April 21, 1969. Mr. Nardelli seconded the motion and it passed unanimously. ACCEPTING LIQUOR LICENSE APPLICATIONS Chairman Behney/read a list of the names of establishments applying for first and third class liquor licenses as follows: Dunfey Vermont Corporation (Sheraton Motor Inn) William Gabbeitt (Victorian Motor Inn) Aunt Sara's Pancake House and Snack Bar, Inc. E. Arthur Moran, Inc., (Shakey's) Harper Hotels of Vermont (Holiday Inn) Fla-Ver Corporation (Cobb's Restaurant) Northern Restaurant Corp. (The Old Board Restaurant) Jo-Ho Inc. (Howard Johnson's) Roostertail, Inc. Toulis & Hatgen, (Airport Restaurant) Joe Barry's Restaurant, Inc. The Great A & P Company of Vermont, Inc. Antonio G. and Anna Todisco (Airport Grocery) Harold S. Twitchell (Twitchell's) Come & Shop, Inc. Emery Victory (Victory's Handy Andy) Audrey G. Gracey Estate (Gracey's) The Selectmen approved each of the applications with the exception of that of the Joe Barry's Restaurant, Inc. The Selectmen were agreed that Mr. Barry had not complied with instructions to abate the noise emanating from the operation of his business. On a motion made by Mr. D'Acuti and seconded by Mr. Stearns, the Board voted unanimously not to approve Mr. Barry's application. Mr. LeClair was instructed to notify Mr. Barry of the Board's action by registered mail and to return the unsigned application to him. MAIN STREET-WILLISTON ROAD-SPEAR STREET IMPROVEMENT Mr. Behney, Chairman, read two letters he had received, one from President Rowell of the University, the other from J. T. Gray Commissioner of the Vermont Highway Department, both acknowledging receipt of a copy of the Selectmen's resolution recommending construction of the proposed improvements to Williston Road-Main Street-Spear Street area. FINANCIAL STATEMENTS The Selectmen unanimously voted to postpone discussion on the financial statement and agreed to review it during the Executive Session to be called later on in the evening. DISCUSSION ON TOWN HALL REPAIRS Mr. Behney, Chairman, reported that two men, a carpenter's lead man and a carpenter's foreman were prepared to install a stairway to the Assessor's office near the entrance to the main office. He also said that the Kiwanis and Key Clubs had offered to do some clean up work or undertake any program we wished, in respect to the Town Hall. Mr. Behney said he had no estimate as yet as to the cost of building the stairway. Mr. D'Acuti remarked that the Clubs' gesture was a nice one, but the Town Highway crew should have some responsibility in the clean-up project. CONSIDER MUNSON EARTH-MOVING PAYMENT The Town Manager enumerated the amounts left to be paid to Mr. Munson on Contracts 5 and 6. The Board discussed the estimated cost of work yet to be completed by the contractor. CONSIDER MUNSON EARTH-MOVING CORPORATION PAYMENT, CONTINUED The Board discussed a list of complaints about the sewer construction as presented by Mr. LeClair and mentioned several items that were not listed. Mr. D'Acuti suggested that publicity be arranged so citizens could be informed that next to final payment to the contractor is being considered. He felt this would enable residents who have not as yet registered legitimate complaints to do so. The Selectmen agreed with his thinking, and Mr. LeClair was instructed to get in touch with the reporter to have an item put in the paper. After due consideration of a fair amount to be withheld from Mr. Munson's payment to cover estimated cost of clean-up for the town and for the residents, and upon Mr. LeClair's recommendation that the amount of $23,000 be withheld, Mr. Nardelli made a motion to pay Mr. Munson the balance of the payments on Contract 5 and 6 with the exception of a total of $23,000 for retainage. Mr. Premo seconded the motion and it passed unanimously. AIR POLLUTION CONTROL - SALE OF INCINERATORS IN TOWN Mr. LeClair presented the Selectmen with a breakdown of sections of an Air Pollution Ordinance as adopted by the City of Milford, Conn. for review. He felt the following should be decided: 1. Whether or not the town was going to allow the Vermont Gas Company to sell dual chamber incinerators with some assurance that the town won't outlaw them in the future. 2. Will the town continue to allow open burning in residential and commercial areas? AIR POLLUTION CONTROL - SALE OF INCINERATORS IN TOWN, CONTINUED Mr. D'Acuti suggested that a survey of all commercial establishments in town be conducted to determine how many have pick-up of trash and how many burn trash. The Board unanimously agreed with this, and Mr. LeClair was instructed to see that a survey was made, and in the meantime to encourage residents to abide by the burning ordinance. Mr. Stearns said as the Board was not yet certain as to whether or not burning by commercial establishments was going to be outlawed, it would not be possible to come to a decision as to whether or not Vermont Gas Systems should be given permission to sell incinerators in town. He suggested that action on this agenda item be postponed until the results of the survey have been reviewed. The Board unanimously agreed to table the matter. APPOINTMENT OF WILLIAM E. MOWER AS TOWN AUDITOR Mr. Stearns made a motion to appoint Mr. William E. Mower as Town Auditor to fill the vacancy caused by Robert C. Kelley's moving out of town, the appointment to be in force till the next election. Mr. Premo seconded the motion and it passed unanimously. Mr. LeClair was instructed to notify Mr. Mower of the appointment. SANCTION PAUL GRAVES USE VARIANCE APPROVAL Mr. D'Acuti made a motion to sanction the Zoning Board of Adjustment's approval of April 2, 1969 for a Use Variance requested by Paul R. Graves. The request was for permission to convert a home at 34 Patchen Road to office use. Mr. Nardelli seconded the motion and it passed unanimously. CITATION AND RECOGNIZATION OF EXCEPTIONAL POLICE WORK Mr. Behney, Chairman, read a letter he had received from an official of the G. S. Blodgett Company of Burlington which noted the action of a South Burlington police officer which, in the opinion of the writer, resulted in saving the life of a youth hurt in an accident. Mr. D'Acuti made a motion that the Board adopt a resolution of commendation in recognition of this act of bravery and have a suitable medal prepared for presentation to the officer. The motion was seconded by Mr. Stearns and passed unanimously. Mr. LeClair was instructed to review the incident and see that the resolution was prepared and obtain the medal. In a general discussion the Board agreed that recognition of special acts in connection with police work, longivity of service, etc., should be noted in a like manner. RESOLUTION AUTHORIZING CHAIRMAN BEHNEY TO ACT AS AUTHORIZED AGENT The following resolution was read in full, unanimously adopted by the Board and signed; the original being filed with these minutes: R E S O L U T I O N BE IT RESOLVED, That Charles H. Behney, Chairman of the South Burlington Board of Selectmen, be and is hereby authorized to act as the authorized representative of said town in connection with all matters involving Phase IV of the Town Sewage Project and is further authorized in his capacity as representative to execute any and all contracts, agreements, applications, certificates, or any other documents, with any parties or agencies including the Federal Water Pollution Control Agency, the Vermont Department of Water Resources, or any other governmental agencies. BE IT FURTHER RESOLVED, That said Charles H. Behney be and is hereby authorized to execute on behalf of the Town of South Burlington and its Selectmen any and all agreements, contracts, or any other documents relating to any town matters. Signed April 7, 1969, Board of Selectmen. At 9:35 P.M. Mr. Premo made a motion to go into Executive Session. The motion was seconded by Mr. Stearns and passed unanimously. APPROVED Gregory L. Premo, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.