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HomeMy WebLinkAboutMinutes - City Council - 08/18/1969BOARD OF SELECTMEN MEETING AUGUST 18, 1969 The South Burlington Board of Selectmen held a regular meeting at the Middle School Library, Dorset Street, South Burlington, Vermont, on Monday, August 18, 1969, at 7:00 P.M. Mr. Behney, Chairman, called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Vincent J. D'Acuti, Walter Nardelli and Gregory L. Premo. MEMBERS ABSENT Raymond E. Stearns OTHERS PRESENT Henry LeClair, Town Manager; Charlotte C. Marsh, Roger LeCours, Free Press Reporter, John R. Gingras, Attorney Paul Graves, and several area residents. READING OF THE MINUTES OF THE AUGUST 4, 1969 MEETING On a motion made by Mr. Premo and seconded by Mr. Nardelli, the minutes of the meeting of August 4, 1969, were unanimously approved as read. CHANGE DATE OF MEETING WITH TOWN GOVERNMENT COMMITTEE As two of the Selectmen are unable to meet with the Town Government Committee on the date originally set, the Board unanimously agreed to set the date of that meeting for Monday, September 29, 1969, at 7:00 P.M. in the library of the Middle School. The Secretary was instructed to notify Mr. Blais, Chairman of the Town Government Committee, of the new date. AUTHORIZE OFFER FOR KIRBY PROPERTY IN Q.C.P. FOR PHASE IV SEWER SITES Mr. D'Acuti made a motion to authorize payment not to exceed a maximum of $1800.00, for the Kirby property in Queen City Park for sewer project use, to be paid for from Phase IV Sewer Project Site Acquisition Account. The motion was seconded by Mr. Premo and passed unanimously. CONSIDER ACCEPTING DEED TO 38' X 200' PLOT OF LAND IN MAYFAIR PARK Mr. Behney, Chairman, explained that an offer of a 38' X 200' plot of land in Mayfair Park to the town was being made by the property owner for use as a small park or for recreational uses. He said he had spoken to some of the residents without much response. The Board discussed the offer, and Mr. D'Acuti made a motion to refer the matter to Mayfair Park Fire District No. 2 and to a Mayfair Park Association if that group was still organized, to see if they would be interested in acquiring and maintaining the plot of land. Mr. Premo seconded the motion which passed unanimously. The Town Manager was instructed to forward the information about the offer to the proper parties. TAX DEPARTMENT ITEMS Mr. LeClair, Town Manager, presented a list of tax overpayments to be made to property owners, explaining that bills were sent out on which corrections were made on a later date. There was also a list of those who received the bills after the due date, were charged a penalty, and protested the charge. Mr. LeClair wanted the Board's opinion on abating the penalty in such cases, as well as making a cut-off date of July 25, instead of the 15th before adding penalty because of the late date the bills were mailed out. TAX DEPARTMENT ITEMS, CONTINUED The Board agreed they did not have to make a decision on the matter of the refunds as making corrections to correct bookkeeping errors and omissions was an administrative function. In regard to the abating of penalties, Chairman Behney said the Board of Civil Authority felt abating penalties was not in its juristiction, that this was up to the Selectmen. After discussion Mr. D'Acuti made a motion to refer the matter to Town Attorney Ewing for a legal opinion, stating that the Board approve the changes and recommendations in regard to the penalties if they are legal. The motion was seconded by Mr. Nardelli and passed unanimously. JOHN R. GINGRAS - USE VARIANCE - SWIFT STREET AUTO BODY SHOP Mr. Graves, Attorney for Mr. Gingras, presented a written arguement on behalf of his client, as well as a petition signed by adjacent property owners stating they had no objection to Mr. Gingras operating an auto body repair shop at 99 Swift Street. Chairman Behney read a letter from Town Attorney Ewing, which read in part as follows: "I now feel that the June 16 amendment is confusing in its terminology, and that it leaves some doubt as to whether general automotive and body repair shops were to be included as permitted uses. The language could be construed to include only "agricultural and construction equipment.....repair shops" and "truck terminals and (truck) repair shops". Because of the ambiguity, I cannot say that the proposed Gingras use would necessarily be an industrial district use, and therefore a use variance would be possible." JOHN R. GINGRAS, CONTINUED Mr. D'Acuti remarked that the only point questioned previously was the legality of the Board sanctioning the approval of the Zoning Board, and the Board was agreed that the questioned legality was resolved by the Town Attorney's opinion. He then motioned to sanction the approval with stipulations as set off in the Zoning Board of Adjustment's action of July 16, 1969. Mr. Premo seconded the motion. The vote was three yes votes and one no, with Mr. Nardelli casting the negative vote. The Town Manager was instructed to revamp the amendment so it would be clearly defined, and Chairman Behney added that the Town Attorney should be consulted as to how to define a body shop as opposed to body shops that are operated in conjunction with a new car dealer's operation. CONSIDER HULLABALOO DANCE PERMIT REQUEST Chairman Behney read a letter from the manager of the Hullabaloo Club requesting a dance permit for the year 1969-70. Mr. Nardelli moved to issue a permit to the club with the same stipulations made upon the granting of the original permit in 1967 updated to the granting of this permit. Mr. Premo seconded the motion and it passed unanimously. TREE WARDEN'S REQUEST FOR $400.00 FOR NEW TREE PLANTINGS Chairman Behney read a letter from Mr. Wiggans, South Burlington's Tree Warden, in which Mr. Wiggans requested an appropriation of $400 for street tree planting in town. With such an appropriation 100 trees could be planted around the first of May, the trees to be of an approved species on a 50-50 matching basis with the land-owners. TREE WARDEN'S REQUEST, CONTINUED Mr. D'Acuti made a motion to forward the request to the Park and Recreation Committee, asking the Committee to take over the project and the cost under the direction of the Tree Warden. Mr. Nardelli seconded the motion and it passed unanimously. SIGN RESOLUTION AUTHORIZING CHAIRMAN BEHNEY AS AGENT FOR PHASE V As there was a change to be made in the wording of the resolution the item was tabled until the next regular meeting. DISCUSS COMPLIANCE OF SEWER CONNECTION HOOK-UP TO PUBLIC SYSTEM BY HOME OWNERS Mr. LeClair reported that research has disclosed about 147 homes not yet connected to the sewer system where it is available. He asked for an extension of 45 days to ascertain why these connections had not been made before enforcing the penalty for violation of the sewer ordinance. The Board agreed to table discussion on the item until the Town Manager presents his report after the 45 days extension. BUILDING PERMITS Town Manager LeClair submitted a building permit fee proposal for reconsideration with the recommendations that permits be valid for six months, and if work is not started by that time the fee would be refunded, that there be no fee charged on maintenance items such as painting, reroofing, etc., and that there be no charge for items that cost under $200.00. Mr. LeClair explained the reasons for his recommendations. Chairman Behney remarked that he felt the Manager's recommendations were good ones. BUILDING PERMITS, CONTINUED Mr. D'Acuti made a motion to forward the item to the Zoning Board of Adjustment for their recommendations on the permit fees, with special consideration given to whether or not to refund fees, as well as the time limitation and the other related matters; the recommendations to be submitted to the Board in 30 days. Mr. Premo seconded the motion and it passed unanimously. BROKEN WATER LINE IN QUEEN CITY PARK Mr. D'Acuti reported receiving a complaint about a broken water pipe in the road on the Hatch property in Queen City Park. The Town Manager was instructed to notify the Q. C. P. Prudential Committee of this, asking the Committee to request the Water Department to repair the pipe. MOBIL OIL STATION - WILLISTON ROAD Mr. LeClair, Town Manager, presented a copy of a deed, drawn up by the Mobil Oil Company, deeding frontage on their property to the town for the future widening of Williston Road. The Manager was instructed to forward the copy to the Town Attorney for any amendments or changes. Mr. LeClair said the Oil Company also requested a building permit. Mr. Behney, Chairman, remarked that the deed has to be accepted by the Board before a permit can be issued. Mr. D'Acuti made a motion to accept the deed as drafted by the Mobil Oil Company and as amended and approved by the Town Attorney. Mr. Premo seconded the motion and it passed unanimously. FINANCIAL STATEMENTS The Board members said they would like monthly comparative figures with the previous year's figures on the financial statements for comparison. Mr. Nardelli said he felt they should receive the previous year's figures as well as this year's on the monthly reports submitted by the Code Officer and the Police Chief. He also felt that the Police Department report should be backed up with a written report. AIRPORT ZONE ORDINANCE Mr. D'Acuti stressed the importance of having the Town of South Burlington enact an Airport Zone Ordinance as soon as possible. TAXI FARES Mr. D'Acuti reported that the Airport Commission and Manager were making progress in resolving the problem of inconsistent prices for taxi fares to and from the Airport by having the prices posted in the Airport lobby. LEAGUE OF WOMEN VOTERS Mr. Behney, Chairman, read a letter from the President of the League of Women Voters, in which Mrs. Brennan said the League was very pleased with the Board of Selectmen's and the other town boards' concern for the orderly growth of the town. CENTRAL SCHOOL MEETING Chairman Behney reminded the members of the meeting of August 26, 1969, with School Board Members to inspect the Central School. The men will meet at Central at 7:30 P.M. MISCELLANEOUS Mr. LeClair, Town Manager, was instructed to find out why trees were being cut down on the former Gove property on Shelburne Road where Big Ben Pizza Company is constructing a building. The meeting adjourned at 9:30 P.M. Approved Gregory. L. Premo, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.