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Minutes - City Council - 11/03/1969
BOARD OF SELECTMEN MEETING NOVEMBER 3, 1969 The South Burlington Board of Selectmen held a regular meeting at the South Burlington Middle School, Dorset Street, South Burlington, Vermont, on Monday, November 3, 1969, at 7:30 P.M. Mr. Behney, Chairman, called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Vincent J. D'Acuti, Gregory L. Premo, and Raymond E. Stearns. MEMBERS ABSENT Walter Nardelli OTHERS PRESENT Henry LeClair, Town Manager; Charlotte Marsh, Anthony Socinski, Dorothy Guilford, Richard McDowell, William J. Szymanski, Town Engineer; George Lambert, Free Press Reporter; Jean Hildick from the League of Women Voters; George Patch of Ramada Inn; and Wayne Woods of Wood's Construction and Equipment Company. READING OF THE MINUTES OF THE OCTOBER 20, 1969 MEETING On a motion made by Mr. D'Acuti and seconded by Mr. Stearns, the minutes of the meeting of October 20, 1969 were accepted as read. ACCEPT EASEMENT DEED FROM BERARD FOR RAMADA INN SEWER RIGHT-OF-WAY REVISION Chairman Behney read a letter from Attorney Spokes of the Town Attorney's office which stated that the deed was legally correct and the property was free of encumbrances. The Town Engineer reported that the deed's description of the revised easement was acceptable to the town. Mr. D'Acuti made a motion to accept the deed. Mr. Stearns seconded the motion and acceptance was unanimous. ACCEPT DEED FROM BERARD FOR STREETS IN COUNTRY CLUB ESTATES Chairman Behney read a letter from the Town Attorney's office which stated that the title had been searched, the property was free of encumbrances and everything was in order. Chairman Behney asked if the plan of the subdivision had been approved by the Planning Commission and filed in the town records. Mr. LeClair said yes. Mr. D'Acuti made a motion to accept the deed. Mr. Stearns seconded the motion and it passed unanimously. FIRST READING OF ZONE CHANGE REQUEST - MCNASH MOTORS - SHELBURNE ROAD Chairman Behney read the ordinance, requested by Mr. McDowell of McNash Motors, for a change in zoning from Industrial and Business A Districts to Business B District. Mr. McDowell explained exactly where the property was located on Shelburne Road. Mr. D'Acuti made a motion to accept the first reading. Mr. Premo seconded the motion and the vote was unanimous in favor of passage. Chairman Behney then explained to Mr. McDowell that the ordinance would be submitted to the Planning Commission for its recommendation, and the zone change request would be advertised for a second and final hearing at a public meeting. APPROVE MANAGER'S REQUEST OF THE STATE HIGHWAY DEPARTMENT FOR A 35 MPH LIMIT ON THE LOWER END OF SHELBURNE ROAD Town Manager LeClair reported that he had already requested the State to consider establishing a 35 MPH speed limit from the town line at the lower portion of Shelburne Road. He pointed out that the number of new businesses planned for that section as well as the existing businesses required numerous curb openings necessitating many turning movements in and out of the establishments. After considering the request Mr. Premo made a motion to approve the Manager's request of the State Highway Department for a 35 MPH speed limit from the South Burlington town line on Shelburne Road. The motion was seconded by Mr. Stearns and passed unanimously. ACCEPT RESOLUTION DESIGNATING THE MAMMOTH MART EXIT TO QUEEN CITY PARK ROAD AS A STOP STREET Chairman Behney read a letter from Chief Carter in which the Chief recommended that the Mammoth Mart exit to Queen City Park Road be designated as a Stop Street. Mr. Premo made a motion to accept the resolution for the designation of a Stop Street. Mr. D'Acuti seconded the motion and it passed unanimously. Mr. Stearns wondered if this action wasn't triggered by the fact that drivers are cutting through the shopping center parking lot to avoid the lights. He suggested that the Board should consider enacting an ordinance prohibiting the cutting through of parking areas for the purpose of evading the traffic signals. The other members of the Board agreed, and instructed Mr. LeClair to contact the Town Attorney and have him draft an ordinance, such as the City of Burlington has, that would prohibit this cutting through parking lots. The resolution reads as follows: RESOLUTION BE IT RESOLVED by the South Burlington Board of Selectmen that the Mammoth Mart road exit to Queen City Park Road be designated as a Stop Street as recommended by the Town Manager, and RESOLUTION DESIGNATING MAMMOTH MART EXIT TO Q.C.P. ROAD AS A STOP STREET BE IT FURTHER RESOLVED, THAT appropriate sign or signs designating this resolution shall be erected by the Town Manager. Approved November 3, 1969 s/ Charles H. Behney, Chairman Vincent J. D'Acuti Gregory L. Premo Raymond E. Stearns AUTHORIZE THE TOWN ATTORNEY TO DEFEND THE TOWN IN THE HUMBLE OIL COMPANY VS THE ZONING BOARD OF ADJUSTMENT DECISION Town Manager LeClair explained that the Humble Oil Company was appealing a decision made by the Zoning Board of Adjustment in regard to zoning variances requested by the Company for the proposed construction of a gas station opposite the Ramada Inn on Williston Road. Mr. D'Acuti moved to authorize the Town Attorney to defend the town in the case. Mr. Stearns seconded the motion and the vote was unanimous in favor of passage. Chairman Behney adjourned the Board of Selectmen meeting at 7:58 P.M. so the Selectmen could meet as the Liquor Commission for consideration of a liquor license application submitted by the Ramada Inn. LIQUOR COMMISSION MEETING - RAMADA INN APPLICATION This meeting was called to order at 7:59 P.M. by Chairman Behney. Mr. Behney asked Mr. Patch, of Ramada Inn, if he had left a check for the application with the Town Treasurer. Mr. Patch said he had not, but he could get one immediately. He was told to bring the check to the treasurer the first thing in the morning. Mr. D'Acuti made a motion to accept the application pending receipt of the check. Mr. Stearns seconded the motion and the vote was unanimous in favor of passage. Chairman Behney recessed the Liquor Commission Meeting and reconveyned the regular Selectmen's Meeting at 8:02 P.M. ACCEPT SEWER AUGER BID Attached to and made a part of these minutes is the listing of the Companies who submitted bids and the amounts of the bids. Mr. Szymanski explained why he and the Highway Department Foreman, Mr. Audette, felt the O'Brien Rodder was the best buy for the town. Mr. Stearns made a motion to accept the Town Engineer's recommendation and purchase the O'Brien Rodder at a price of $3,895.00 with trade-in. The motion was seconded by Mr. D'Acuti and passed unanimously. The Town Engineer said delivery was promised in three weeks, attachments were included in the price of the machine and the operators would receive instructions in the use of the rodder. RECONSIDER DRIVEWAY COMPLAINT - DEAN LEONARD, PATCHEN ROAD Chairman Behney explained that last year the town constructed a sidewalk on Patchen Road. The sidewalk went through on a level that caused water to settle in the Leonard driveway. He then read a letter from Mr. Leonard which explained how the construction affected the water drainage in his parking lot that had been paved for use as a basketball court. Mr. Szymanski explained the pitch of the sidewalk, and what had been done on the Leonard property in the way of paving. He said he had advised Mr. Leonard to install a sump pump to take care of the problem. Mr. Premo made a motion to turn down the request for a complete job to correct the situation at the Leonard property and recommend that the Town Engineer contact Mr. Leonard and explain how the situation could be rectified by the homeowner. There was no second and Mr. Premo withdrew the motion. Mr. D'Acuti made a motion to deny the request. The motion was seconded by Mr. Stearns and passed unanimously. CONSIDER SCHOOL DISTRICT'S REQUEST FOR DEDICATION OF TOWN OWNED LAND ON KENNEDY DRIVE TO THE SCHOOL DISTRICT Town Manager LeClair pointed out the exact location of the property in question on a map. Chairman Behney said that dedication of the land had been recommended by the Resource Committee through the Planning Commission. Mr. Stearns made a motion to deed the land to the School District, with the reservation that the land could not be included in a school bond issue or encumbered in any other way. Mr. D'Acuti seconded the motion and it passed unanimously. COMPLAINT ABOUT THE CONDITION OF THE SHOULDERS ON HINESBURG ROAD Selectman D'Acuti said that gravel should be placed on Hinesburg Road shoulders between Simpson Court and Birch Street as they were in very poor condition. He said he had brought this matter up before but nothing had been done. As Hinesburg Road is a State Aid road, Mr. LeClair was instructed to notify the State Highway Department of the condition and ask them to correct it. TABLED ITEMS (A) POLICE DEPARTMENT SALARY DISBURSEMENTS Mr. LeClair reviewed the status of the Police Department's salary disbursement account, and explained the items that had caused an overdraft to date, such as the extended length of time for the required training school course, the overtime caused by two drownings, etc. He said he felt that the account would straighten out during the rest of the budget year as the training expense would not occur again and hopefully no time consuming incidents such as the drownings would happen. TABLED ITEMS (B) AUDITOR'S REPORT Selectman D'Acuti said that the auditor's suggestions as outlined in the report should be followed, that action has to be taken, and mentioned consideration of hiring an office manager in particular. Mr. LeClair said he concurred with that suggestion, and also felt that consolidating the bookkeeping of both the School District and the Town at this time would save the town money. He outlined methods of streamlining bookkeeping procedures as to tax billing, water meter readings, figuring the grand list, etc. Selectman Stearns suggested that the Town Manager come before the Board with recommendations as to methods of complying with the auditors' requests. The other Selectmen agreed that this should be done. Chairman Behney asked Mr. Stearns, liason man with the School Board, to bring up the matter of consolidating the bookkeeping to the School Board's attention when he attends the next School Board meeting. Mr. Stearns said he would do this, but would like Mr. LeClair to attend with him in order to go into details of the bookkeeping suggestion. TABLED ITEMS (B) AUDITOR'S REPORT CONTINUED Mr. LeClair said he would be glad to attend with Mr. Stearns and asked him to request the School Board to put the item on its agenda. TABLED ITEMS (C) STATUS OF THE REVALUATION PROGRAM Town Manager LeClair explained the length of time it takes to check on one piece of property, the clerical work involved in completing each one, the inadvisability of a 10 hour work day, and the necessity of having a quality job completed. The men discussed many facets of the revaluation, with emphasis on determination of an estimated completion date. No decision was reached and Chairman Behney said the Board should see a report of what could be accomplished with the following implementation: 1. Have the field men do some Saturday work at time and a half rate. 2. Retain the girl who is presently working on the tax map to do clerical work. Mr. D'Acuti asked that Mr. Silver, Town Assessor, attend the next meeting to give the Board a written report. ITEMS FOR NEXT AGENDA - APPOINTMENT TO PLANNING COMMISSION, AND REPORT FROM COMMISSION ON PROGRESS OF GOALS Chairman Behney in speaking about the Planning Commission brought up the following two items: 1. Chairman Sargent will be out of the country from January 1 to March 31, 1970 and has suggested that the Selectmen appoint a person to succeed him on the Planning Commission, and the Planning Commission to elect a Chairman for that period, also Mr. Sargent's reappointment should be considered after March town meeting. 2. The Board of Selectmen should charge the Planning Commission with relisting the goals they had for this year and outline where they are going and what they have done. PLANNING COMMISSION ITEMS, CONTINUED Chairman Behney went on to say that he was disturbed by the fact that the Planning Commission seems to be having a problem in getting a quorum to attend the meetings, that two recent, advertised, public meetings were not held due to lack of a quorum. He said he brought this up for the Board's advisement and consideration. He pointed out that Mr. Tudhope who had a conflict on meeting nights with School Board meetings that he attends, would now be able to make the Planning Commission meetings as the School Board was changing its meeting nights. Selectman Stearns remarked that Mr. Marvin, Chairman of the School Board, had not as yet received notice from the Planning Commission on his request for details regarding the entrance road to Central School. Chairman Behney announced that the Planning Commission will hold a special meeting on Monday, November 10, 1969 at 7:30 P.M. at the High School to continue the adjourned public hearing on the Yandow Cluster Housing Subdivision appeal. ZONING VIOLATION Mrs. Guilford reported that automobiles for sale at Automaster Motor Company are parked illegally in the front of the lot. Mr. LeClair said the proprietor had agreed to pull the cars back and do some landscaping but had not done so. Mr. LeClair was instructed to check into this violation as well as others that were mentioned in the same locality. Mr. Premo made a motion to adjourn the meeting at 9:30 P.M. 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.