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Minutes - City Council - 03/17/1969
BOARD OF SELECTMEN MEETING MARCH 17, 1969 The South Burlington Board of Selectmen held a regular meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Monday, March 17, 1969 at 7:30 P.M. Mr. Charles H. 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 C. Marsh, Jere Meserole, Robert Sprano, Chauncey Perry, Ray Unsworth, Mr. and Mrs. Loren Avery, Dan Kiley, John R. Smith, Mr. and Mrs. Reyes, Tony Socinski, George Silver, Town Assessor; Richard Ward, Zoning Administrator; Roger LeCours, Free Press Reporter; and Mr. Henry LeClair, Town Manager. RESOLUTION - PRESENTATION TO MR. D'ACUTI Mr. Premo read a resolution from the Board of Selectmen in recognition of Mr. D'Acuti's seven years of dedicated service to the Town as Chairman of the Board, and Mr. Behney, Chairman, presented Mr. D'Acuti with the gavel, suitably inscribed, that he had used while in office. Mr. D'Acuti thanked his fellow members for their thoughtfulness. A signed original of the resolution was then presented to Mr. D'Acuti and an original is also attached to these minutes and made a part thereto. ACCEPT MINUTES OF FEBRUARY 17, MARCH 3 and MARCH 5, 1969 Mr. Behney, Chairman, pointed out that the first sentence in paragraph three on page 6 of the February 17, 1969 minutes should read as follows: "Mr. Behney commented that the Town of South Burlington was fortunate to have a South Burlington resident as director of the Central Planning Office." There were no corrections in the March 3 and 5, 1969 minutes. Mr. D'Acuti made a motion that the minutes of the three meetings be accepted. Mr. Nardelli seconded the motion, and the vote was unanimous in favor of acceptance. CONSIDER REQUEST OF CHAUNCY PERRY TO MARKET INCINERATORS IN TOWN Mr. Perry told the Board that his firm, the Vermont Gas Systems, Inc., was interested in selling incinerators to businesses and home owners in South Burlington and he was appearing before the Board to make certain that such sales would not be in violation of any existing ordinance. He also wondered if the Board contemplated passing an ordinance to make the use of such incinerators illegal. Mr. Perry said such incinerators are already in use in many towns and he is currently bidding on some for use in Winooski and Burlington. He explained that properly installed incinerators would eliminate 90% of ash, smoke and pollution nuisance. After a discussion on the advantages and disadvantages of such equipment Mr. Behney, Chairman, told the Board that he had an ordinance covering the use of incinerators from Milford, Conn., and he would pass the draft of the ordinance on to the Town Manager for review. CONSIDER REQUEST OF CHAUNCY PERRY TO MARKET INCINERATORS IN TOWN - CONTINUED Mr. Nardelli made a motion that the Town Manager draft from the Milford, Conn. ordinance some form of ordinance that would be feasible for South Burlington for consideration by the Selectmen. Mr. Premo seconded the motion and the vote was unanimous in favor of passing the motion. SECOND AND FINAL READING OF LAKELANDS ZONE CHANGE REQUEST Mr. Behney read the ordinance, as requested by Mr. Unsworth, in full. Mr. Behney then read from the minutes of the Planning Commission meeting of February 4, 1969, at which meeting the Planning Commission voted unanimously to recommend that the Selectmen approve passage of the ordinance. Chairman Behney explained that the Selectmen were just making the zone change at this time and that the developers must submit a plot plan to the Planning Commission and meet Subdivision Regulations. Mr. D'Acuti made a motion to approve passage of the ordinance. The motion was seconded by Mr. Stearns and the vote was unanimous in favor of passage of the ordinance. The ordinance reads as follows: ASSESSOR'S PROGRESS REPORT Mr. LeClair, Town Manager, passed out corrected charts showing the progress of the work being done in the Assessor's office. Mr. Behney, Chairman, suggested that in the future Mr. Silver prepare his progress charts with crosshatching as he felt it would be more graphic. Mr. Silver explained the progress of the different phases of the revaluation program. Mr. Behney, Chairman, noted that the second page of Mr. Silver's report was a request for permission to send his two assistants to school as follows: Dale Robertson to the American Institute of Real Estate Appraisers Course I (Basic Principles, Methods and Techniques), being held August 4 to 16, 1969 at the University of Connecticut, and Richard Underwood to the American Institute of Real Estate Appraisers Course II (Urban Properties), August 18-30, at the University of Connecticut at a cost of about $617.00 plus travel expense. Mr. Nardelli asked why course II was necessary as it applied to Urban Properties. Mr. Silver said it was more of a case-study course, the seminar type with a final exam. The Board unanimously agreed that it would be advantageous to the town to permit the men to take the courses. ASSESSOR'S PROGRESS REPORT, CONTINUED On a motion made by Mr. Premo and seconded by Mr. D'Acuti, the Board unanimously voted to authorize the men to attend the Assessor's Training Courses. The third item in the Assessor's report has to do with the personal property tax. Mr. Silver reported that to his knowledge, Mr. James Alexander was the only qualified appraiser in the state for this type of work. Mr. Alexander had appeared before the Board at a previous meeting and explained that there was a lot of personal property in town, such as leased equipment, cigarette and coke machines, carousels, etc. that was not being taxed. Mr. Alexander would do the work for $200 a week on a contract basis, and would not commit himself as to a completion date. The Board was in agreement that it would be advantageous to hire Mr. Alexander. Mr. Behney, Chairman, said he would like to see the cost budgeted in the next budget as soon as the assessors' job is done. Mr. D'Acuti recommended that the Town Manager scrutinize the present budget to see if there was any surplus that could be used to begin such a project sooner. Mr. Stearns said he felt that a lot of people abused the personal property tax law, and if Mr. Alexander found a lot of personal property that was not being taxed the increase in the Grand List would absorb some of the cost of hiring the work done. Mr. Stearns made a motion to table the item till the Town Manager had the opportunity to review the budget as to the availability of funds and report to the Board. The motion was seconded by Mr. Nardelli and passed unanimously. TRAFFIC LIGHT INSTALLATION RESOLUTION The following resolution was read by Mr. Behney: R E S O L U T I O N BE IT RESOLVED, That the designation of the intersection of Kennedy Drive, Williston Road, and Airport Drive as a Stop Street as recommended by the Town Manager is hereby approved, and BE IT FURTHER RESOLVED, That the above designated Stop Street be controlled by an electric signal device. Chairman Behney remarked on the number of automobile accidents that occur at the intersection. Mr. Stearns made a motion to accept the resolution. Mr. Nardelli seconded the resolution and it passed unanimously. The signed original resolution is filed with these minutes. TRAFFIC LIGHT INSTALLATION PROPOSAL The Town Manager presented two proposals for the installation of traffic light signals at the intersection of Kennedy Drive, Williston Road and Airport Drive. Richard Kostka of Naugatuck, Conn, sent in a bid of $3,975.00 installed and the LeBaron Company sent in a bid of $5,889.00 installed. Mr. D'Acuti made a motion to accept the low bid from Kostka of $3975.00. The motion was seconded by Mr. Premo and voted unanimously. AUTHORIZE INSTALLATION OF ZEROX ON LEASE BASIS Town Manager LeClair presented each Selectmen with a report showing a breakdown of the cost of acquiring a Zerox Copier on a lease basis. He also explained that the copier would be used in the Town Clerk's Office for permanent recording of deeds and legal records, would reduce the need for additional help from a full-time Typist-Clerk to a part-time one. AUTHORIZE INSTALLATION OF ZEROX ON LEASE BASIS, CONTINUED Mr. Nardelli made a motion to authorize the installation of the Zerox on a lease basis, with the stipulation that the item be reviewed in 6 month's time as to saving in personnel, cost, etc. Mr. Stearns seconded the motion and the Board voted unanimously to have the Zerox installed. CONSIDER REQUEST FOR PURCHASE OF COMPRESSOR FOR NEW GARAGE The Town Manager asked the Board to table this item as he was still exploring benefits of different types of compressors. The Board voted unanimously to table the item until Mr. LeClair had more details together. AUTHORIZE CODIFICATION PROJECT Mr. LeClair, Town Manager, told the Board that there are companies that make a business of updating town and city codes such as traffic and zoning ordinances, amendments, resolutions. He said one company gets $6,500 for such a project and another company charges $10,000.00. Mr. LeClair then explained how he felt such a project could be accomplished with town personnel working on it with the legal work being done by the Town Agent, Paul Graves, and the printing done at the school. Mr. D'Acuti suggested that the town planner, Mr. Moore be contacted for his recommendations on the project. Mr. D'Acuti made a motion to authorize Mr. LeClair to go ahead with the codification project. Mr. Premo seconded the motion and the vote was unanimous in favor of passage. CONSIDER ADOPTION OF BUILDING CODE Chairman Behney explained that this item was brought before the Board for consideration because South Burlington has no Building Code and one should be adopted. Mr. LeClair, Town Manager, said now that the Master Plan has been updated, the Planner should review the field of Building Codes and make recommendations to the Board on what to adopt. Mr. Behney said he felt one of the goals of the Planning Commission was a recommendation to the Board to adopt a building code. There was a general discussion on several building codes in use in other communities. Mr. Ward said Burlington uses the National Building Code which they adopted by reference. Mr. Behney, Chairman, said when a definite code was chosen Mr. Lamphere of the Planning Advisory Committee would be qualified to pick out what would be applicable to South Burlington. Mr. Nardelli made a motion that the Planning Commission review the Building Codes and recommend what they felt the town should adopt. Mr. Nardelli then amended the motion to have a progress report from the Commission in three months. Mr. Premo seconded the motion as amended and the motion passed unanimously. CONSIDER NEED OF ORDINANCE REQUIRING DOG OWNERS TO BE 18 YEARS OF AGE OR OLDER BEFORE LICENSING The Town Manager explained that the Town had brought court action against the owner of a dog who had bitten several people, and when the case was tried in court the owner turned out to be a juvenile against whom no action could be taken. He asked the Board to consider the enactment of an ordinance requiring dog licenses be issued only to persons 18 years or older. Mr. Nardelli said he felt the proper age should be 16 instead of 18. Chairman Behney asked for a motion on the matter so it could be forwarded to the Town Attorney. Mr. Nardelli made a motion that persons must be 16 years of age or over to obtain a dog license and those under 16 would have to have the application for a license co-signed by a parent or guardian. Mr. D'Acuti seconded the motion and it was passed unanimously. Mr. LeClair was instructed to have the Town Attorney draft an ordinance. Charlotte Marsh reported she received no satisfaction from the Police Department when she made a recent dog complaint as the Police said they had to have both the dog tag number and the name of the owner, which information was not readily available to them. Mr. LeClair was instructed to check with the Town Clerk to work out a method whereby the Police Department would have both a list of the owners and a list of the tag numbers of all dogs licensed in South Burlington. AUTHORIZE MANAGER TO PROCESS TAX BILLING, TAX COLLECTIONS, AND PAYROLLS UTILIZING THE SCHOOL DEPARTMENT'S EQUIPMENT The Town Manager, Mr. LeClair, reported that he had been working with Mr. Lucas from the School Department in an effort to process tax billings and collections on the school's I. B. M. equipment. He explained that the School Department was in agreement with this, the bank that had been processing our Grand List and tax bills was very helpful, and Ed Gallagher from the town's auditing firm highly recommended that this be done. Mr. Nardelli remarked that the school received a 70% educational discount on the equipment and a certain percentage of the work done on the machine was required to pertain to school and educational matters. Mr. Stearns made a motion to authorize the manager to process the tax billing, tax collections, and payrolls utilizing the School Department's equipment. Mr. Nardelli seconded the motion and it was passed unanimously. CONSIDER LUMBRA DRAINAGE REQUEST The Board considered a request of Robert Lumbra of 54 Brewer Parkway for correction of a drainage problem on his property. Such a correction would necessitate obtaining an easement from the Lumbras and Wheelocks in order to correct the Lumbra problem. The cost of the work is estimated at $1730. After a general discussion Mr. Nardelli made a motion to recommend that the Town Engineer investigate the possibility of curbing and draining the whole area and estimate the cost of same. Mr. D'Acuti seconded the motion and it was passed unanimously. SIGN AGREEMENT BETWEEN WATER DEPARTMENT AND TOWN OF WILLISTON RE: reimbursement of front foot charges Mr. LeClair, Town Manager, explained that signing the agreement was simply endorsing the Water Department's agreement with the Town of Williston. Mr. D'Acuti moved that the Selectmen sign the agreement. The motion was seconded by Mr. Nardelli and passed unanimously. PROCLAMATION - DECLARING MAY 4 to 10, 1969 AS SPRING CLEAN-UP WEEK On a motion made by Mr. Premo and seconded by Mr. Nardelli, the Selectmen unanimously voted to set the dates of May 4 to 10, 1969 as Spring Clean- Up Week as requested by the Burlington Chamber of Commerce. Mr. Behney suggested a good way to advertise the week would be for the town and water department trucks be equipped with signs reading "South Burlington Clean-Up Week" as they do their cleaning and routine work throughout the town. SIGN ROAD OPENING CERTIFICATES FOR APPROXIMATELY 2 MILES OF NEW STREETS The Selectmen signed the Vermont Highway Department's certificates for approximately 2 miles of new streets. The new streets are Andrews Avenue, Laurel Hill Drive Extension, Scottsdale Road, Sandalwood Road, Sebring Road, Deborah Drive, Green Dolphin Street, Worth Street, Sherry Road Extension, Timber Lane and Joy Drive. APPOINT TOWN SERVICE OFFICER Chairman Behney explained that the Selectmen appoint a Town Service Officer each year now that the State has taken over the Welfare Services in the communities. Mr. LeClair was appointed last year and had one call which he turned over to the State Office in Burlington. Mr. Nardelli made a motion that Mr. LeClair be reappointed, with the stipulation that if it generated too much work the Selectmen would reconsider and appoint someone else. Mr. Stearns seconded the motion and it passed unanimously. SANCTION APPROVAL OF STE. MARIE USE VARIANCE REQUEST The following appeal was unanimously approved by the Zoning Board of Adjustment at the meeting held February 19, 1969: Appeal of Dr. Edwin I. Ste. Marie seeking a variance from Section 6.10, "Use Regulations" of the South Burlington Zoning Ordinance. Request is for permission to rent business office space at 1362 Williston Road. Mr. D'Acuti made a motion that the Selectmen approve the Board of Adjustment's approval. The motion was seconded by Mr. Nardelli and passed unanimously. FIRST READING OF ZONING AMENDMENT - FRONT YARD PARKING Mr. Behney, Chairman, read the ordinance. Mr. LeClair explained the need for such an ordinance saying it was drafted to control the distance from the right-of-way for fifteen feet perpendicular in the front yard of business and industrial concerns. Mr. Nardelli made a motion to approve the first reading of the ordinance. Mr. Stearns seconded the motion and it passed unanimously. RESOLUTION RE: WILLISTON ROAD-MAIN STREET IMPROVEMENTS Mr. Behney explained that the resolution came about as the result of a meeting between the City of Burlington, the University of Vermont and South Burlington personnel, held to consider plans for the improvement of the traffic situation on Williston Road from the west side of the Cloverleaf to the town boundary where Williston Road becomes Main Street. The resolution reads as follows: RESOLUTION RE: WILLISTON ROAD-MAIN STREET IMPROVEMENTS, CONTINUED After a general discussion on how these improvements would benefit the town and methods of funding the project Mr. Nardelli made a motion to accept the resolution as read. The motion was seconded by Mr. Stearns and passed unanimously. DISCUSS MANAGER'S GOALS Mr. LeClair had prepared a list of goals that he wished to strive for during fiscal 1969-1970. Mr. Behney, Chairman, suggested that he make up a chart of the projects so the Board could see what progress has been made on the goals during the year. The Board unanimously gave a vote of confidence to the Manager and on a motion made by Mr. Premo and seconded by Mr. Nardelli the Board unanimously voted to accept the goals as presented. A list of the goals is attached to these minutes and made a part thereto. MANAGER'S GOALS, CONTINUED At this point Mr. Nardelli suggested that the Town Manager work closely with the School Department in preparing the next Town Report and recommended that the Manager look into the possibility of leasing I.B.M. equipment that is geared specifically to prepare material for offset printing by school personnel. Mr. Stearns wondered if there was any reason the Grand List could not be established by April 1st of each year and Mr. Behney, Chairman, repeated his suggestion of the use of a bar chart to check on progress of the goals. The motion was then amended to accept the goals with the following additions: 1. Study Town Report item. 2. Study Grand List item. 3. Prepare a bar chart of progress. Mr. Premo made the motion to accept the goals as amended. The motion was seconded by Mr. Nardelli and passed unanimously. REGULAR AND EXECUTIVE MEETINGS Chairman Behney said he would like to set a goal of 10 P.M. for the time of adjournment for the regular meetings, and also said Executive Sessions would not be called during a regular meeting but should be scheduled at a specific time for specific items that can be considered only at Executive Sessions. INFORMATIONAL AND STAFF MEETINGS Chairman Behney suggested the Board meet on some Mondays that were not regular meeting nights for informational and discussion sessions. The Members unanimously agreed to this. Mr. Behney went on to say the members could plan to concentrate on affairs that would interest them the most, and suggested that Mr. Nardelli might like to evaluate and report on the financial statement and Mr. D'Acuti might be interested in reporting on Airport Commission meetings which he attends. He asked the members to forward letters stating in which areas they would like to concentrate, listing such items as Natural Resources, Planning, Regional Planning, attendance at School Board meetings, etc. He also said that these informational meetings would be a good time to get together with the chairmen and members of other Commissions and Boards for discussion of items of mutual interest. MEETING DATE FOR APPOINTMENT OF SCHOOL BOARD MEMBER The Chairman reported that a member of the School Board was tendering his resignation at this time, and once the resignation was accepted the Selectmen would appoint a new member. Mr. Stearns suggested Thursday, March 20, 1969 at 5:30 P.M. at the Town Office as the time and place for the Special Meeting to be held for this purpose. This was unanimously agreed upon by the Board. RESOLUTION TO AUTHORIZE CHAIRMAN BEHNEY TO ACT AS TOWN AGENT Mr. D'Acuti made a motion, seconded by Mr. Nardelli, and passed unanimously that a resolution be drafted and presented for signing at the next regular meeting, designating Mr. Behney authorized agent of the town. COUNTY TAX ASSESSMENT The Town Manager pointed out that the County Tax assessment is increasing substantially each year. After some discussion he was instructed to give the item to the reporter for some publicity on the matter. Mr. D'Acuti suggested the reporter be asked to check with Burlington personnel as they had also expressed concern about the increase. The meeting adjourned at 10:15 P.M. APPROVED Gregory D. Premo, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.