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HomeMy WebLinkAboutMinutes - City Council - 08/31/1970BOARD OF SELECTMEN MEETING AUGUST 31, 1970 The South Burlington Board of Selectmen held a regular meeting at the Middle School Library, Dorset Street, South Burlington, Vermont, on Monday, August 31, 1970. Mr. Behney, Chairman, called the meeting to order at 7:25 P.M. MEMBERS PRESENT Charles H. Behney, Chairman; Gregory L. Premo, Raymond E. Stearns, and James C. Pizzagalli. MEMBERS ABSENT Frederick C. Blais OTHERS PRESENT Robert M. Janes, Town Manager; Town Engineer Szymanski, Highway Foreman Audette, Fire Chief Monell, Code Officer Ward, Attorney Saul Agel, Attorney Fred J. Fayette, Jean Hildick, Dorothy Guilford, Marjorie Hill, Charlotte C. Marsh, Patricia Fastiggi, Franklyn McCaffrey, Stephen Carlson, Kenneth Jarvis, Fred Bessette, and several other interested residents. Wayne Jameson, Chairman of the Town Government Committee was also present. LIQUOR CONTROL BOARD MEETING Chairman Behney called the meeting to order as the Liquor Control Board Meeting, and recapped the approval for a liquor license which was given contingent upon the removal of an ice machine on the property of the Northern Oil Company which is presently leased to Frederick P. Solomon proprietor of the Handy Andy Store at 1160 Williston Road. Chairman Behney said the owner was in contempt of the Liquor Control Board as he had not complied with the request to correct the violation. LIQUOR CONTROL BOARD, CONTINUED Selectman Stearns made a motion to instruct the Town Attorney to advise the owner and leasee on the course of action the town will take if the machine is not removed in 5 days. Mr. Premo seconded the motion which passed unanimously. Mr. Premo moved to adjourne the meeting of the Liquor Control Board. Mr. Pizzagalli seconded the motion which passed unanimously. REGULAR MEETING Chairman Behney called the regular meeting back to order. READING OF THE MINUTES OF THE AUGUST 3, 5, 10 and 20 MEETINGS Mr. Pizzagalli moved to accept the minutes of the meetings of August 3, 5, 10 and 20, 1970, as read. Mr. Premo seconded the motion which passed unanimously. MR. FAYETTE'S ZONE CHANGE REQUEST WITHDRAWAL, AND FIRST READING OF NEW REQUEST Mr. Stearns made a motion to withdraw Mr. Fayette's original request for a zone change. The motion was seconded by Mr. Premo and passed unanimously. The Selectmen then unanimously agreed that the whole ordinance would not be read, and Chairman Behney then read the heading of the new request. Mr. Fayette explained that the first request was to rezone all of his property of approximately 39 acres, more or less, to Business B, and the new request was to rezone just about 5 ½ acres to Business B. He explained that a car dealer was interested in the parcel. FAYETTE ZONE CHANGE REQUEST, CONTINUED Mr. Premo expressed his concern over the traffic problem in the area, and wondered if the property was adjacent to the proposed Pine Street Extension. Mr. Fayette said no. Mrs. Hildick and Guilford wondered why this parcel was not considered a subdivision, and Mr. Fayette and Mr. Stearns both explained it was because it is a single parcel earmarked for a single use. Charlotte Marsh asked about cars being parked within the 75 foot area required in front of such operations. Chairman Behney said this type of violation was being checked. Selectman Premo made a motion to approve the first reading, and to pass the request to the Planning Commission for a recommendation. Mr. Stearns seconded the motion which passed by a vote of two in favor, with Mr. Pizzagalli abstaining. CHANGES IN TOWN CHARTER - WAYNE JAMESON Wayne Jameson, Chairman of the Town Government Committee, was present and requested the Selectmen act upon 4 items in regard to the Charter Change as presented in a letter from his to the Board, dated August 18, 1970. Chairman Behney read the items as follows: 1. Upon Attorney General Jeffords written recommendation, the entire change be incorporated into one document to read as it would in final form with all changes passed. Reference could be had to the existing charter for comparison. 2. Upon the Attorney General's written recommendation all changes be presented as one ballot question. 3. That three thousand (3,000) revised charters be printed by a firm to be selected by the Board of Selectmen upon receipt of three informal bids, and that said charter be distributed to the voter in the same manner as that used for distributing the Town Report. CHARGES IN TOWN CHARTER, CONTINUED 4. That the November vote be treated as an advisory referendun, and that same be drafted as a formal bill for consideration by the State Legislature. And that the normal warning, between thirty and forty days prior, coupled with two informal public hearings in October, be the general formal format for presentation with a 50% simple majority be required for submission to the Legislature. Mr. Jameson said there are two items to be incorporated into the document by Mr. Ewing, the first is that there should be a reappraisal every 5 years and the second is the correct definition of the word reappraisal. Mr. Premo made a motion to approve item one as suggested by the Attorney General "that the entire change be incorporated into one document" and with the addition of the two items regarding appraisal above noted. The motion was seconded by Mr. Pizzagalli and passed unanimously. Mr. Premo made a motion to approve item two, that all changes be presented as one ballot item, also as suggested by the Attorney General. Mr. Pizzagalli seconded the motion which passed unanimously. Mr. Premo made a motion to vote a ballot item on the legal and printing expenses for the Charter question. Mr. Pizzagalli seconded the motion which passed unanimously. Chairman Behney then read the bids that had been received for the cost of printing the charter changes as follows: Essex Printing Company,printing 3000 copies $429.67 George Little Press,printing 3000 copies 330.75 The Printer,printing 3000 copies 415.34 Mr. Premo made a motion to award the bid to George Little Press at the low bid price of $330.75 for printing 3000 copies. Motion seconded by Mr. Pizzagalli and passed unanimously. CHANGED IN TOWN CHARTER, CONTINUED Mr. Stearns made a motion to approve item four, that the November vote be treated as an advisory referendum, and that same be drafted as a formal bill for consideration by the State Legislature. And that the normal warning, between thirty and forty days, prior, coupled with two informal public hearings in October, be the general formal format for presentation with a 50% simple majority required for submission to the Legislature. Mr. Premo seconded the motion which passed unanimously. Mr. Jameson said he was assuming that the Selectmen approved of the draft. Chairman Behney said no, the Board has not formally approved the draft, but would wait until they received the two additional items from the Town Attorney before taking action. Miss Marsh remarked that we would not be able to vote on the different items separately, that we would have to vote on it in its entirety. Mr. Jameson explained that the Attorney General had recommended that it be voted on in its entirety. NEXT REGULAR MEETING - SEPTEMBER 14, 1970 Chairman Behney announced that the first regularly scheduled meeting in September would be held on the second Monday, the 14th, since Labor Day falls on the first Monday. APPOINTMENT TO ZONING BOARD OF ADJUSTMENT Chairman Behney announced that the Board has accepted the resignation of Attorney Douglas Stuart from the Zoning Board of Adjustment, and was considering the appointment of Attorney Saul Lee Agel to the Board. He noted Mr. Agel's qualifications for the appointment. APPOINTMENT TO ZONING BOARD OF ADJUSTMENT, CONTINUED Selectman Pizzagalli motioned to appoint Mr. Agel to fill the unexpired term of Mr. Stuart on the Zoning Board of Adjustment, the term to run until 1974. Mr. Premo seconded the motion which passed unanimously. MERLIN CORPORATION - DORSET STREET DRAINAGE Mr. Meserole, President of Merline, Incorporated, explained the reasons for the Merlin, Inc., proposal, as follows: That Merlin, Inc., provide the town with the necessary funds to lay down the necessary truck storm sewer on Dorset Street under an interest free loan to be repaid within five years (sooner, if possible). Chairman Behney explained that cost of installing the system for the storm drainage in the area would run between $15,000 and $20,000. Town Engineer Szymanski explained the size of the pipes needed to properly drain the area, and the location of the construction. There was a lengthy discussion on the different aspects of the proposal from an engineering as well as a legal standpoint. Mr. Premo questioned the starting of a precedent, and several area residents wondered if Merlin, Inc. would be the only developer to benefit from such construction. Mr. Janes asked if Mr. Meserole's corporation would pay for and provide the Board with a certified engineer's estimate of the Cost of the project. Mr. Meserole said the engineering work would have to be done if they got the go ahead on this. Mr. Stearns made a motion to pass the proposal on to the Town Attorney for legal opinion on the feasibility and legality of proceeding as suggested by Merlin, Inc. and also that the Board would entertain any suggestions the Town Attorney might have. Mr. Premo seconded the motion, and the vote was two in favor, with Mr. Pizzagalli abstaining. RELOCATION OF HOLIDAY INN DRIVEWAY Chairman Behney read a letter dated August 24, 1970, from the Vermont Highway Department in regard to the relocation of the Holiday Inn driveway, which stated that the Bureau of Public Roads had approved the relocation, the work to be done under the supervision of the state highway department with expenses borne by others than the department. The Town Manager was instructed to arrange a meeting with the Highway Department personnel and Mr. Cenci of the Holiday Inn to go over the proposition, and he and the Town Engineer were named to represent the town at the meeting. TOWN MANAGER'S REPORT - REORGANIZATION OF STREET DEPARTMENT Town Manager Janes said that after 6 months in office it was his opinion that there was a need to reorganize the South Burlington Street Department, and that by the 14th of September he would have job descriptions and salary proposals for a reorganized department. He had prepared charts which he proceeded to set up on easels, and then explained the differences in each organizational chart. He said he disagreed with the current classification plan in the department as he felt it led to confusion. Under his proposed plan there would be a new position, that of Superintendent of Public Works, a person who would assist in the development of technical reports, work on planning in regard to circulation of traffic movements, oversee the town forces in their work on the roads, landfill, sewer lines, etc., spot minor problems before they become major, prepare state and federal applications, compile the budgets, and other related duties. Mr. Pizzagalli asked how many people were employed in our Street Department now, and Mr. Janes told him we have 9 employees, and are authorized to have 10. REORGANIZATION OF STREET DEPARTMENT, CONTINUED Chairman Behney asked the pleasure of the Board, did the Selectmen want the Town Manager to pursue this further. Selectman Stearns said he would like to see this pursued further. The Selectmen agreed, and added that the Town Manager should come back on the 14th with job classifications and costs of reorganization. Mr. Pizzagalli said he would like to have the Town Engineer present on the 14th to give his views on the reorganization proposal. Several residents expressed their views on the function of a Public Works Superintendent, and mentioned that the Town Engineer's load should be lightened. NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES Chairman Behney read a letter from the National Association of Government Employees in which officials of the Association requested a meeting with the Town's governing body. Mr. Stearns made a motion to forward the letter to the Town Attorney for advice on procedure. Mr. Premo seconded the motion which passed unanimously. FIRE DEPARTMENT EVALUATION AND RECOMMENDATION Chairman Behney said he would like to see a reduction in the fire insurance rates, and recommended that the Town Manager request the New England Fire Rating Association to give us a preliminary evaluation and recommendations on improving the department, as we are looking forward to reduced rates. The Board concurred that the Town Manager write to the Association as recommended. FIRE STATION STATUS REPORT ON FINAL ACCEPTANCE Town Manager Janes said he had met with the Architect on the job, two representatives from Wright and Morrissey, Inc., and the Town Engineer who is Clerk of the Works for the fire station building. He mentioned several problems, and asked Mr. Szymanski to give his views. Mr. Szymanski said he would report on how soon the town could take over the building by the end of the week and said the main item to be resolved is the heating system in the apparatus room, because of the extra cost reflected in obtaining a system approved by the State Fire Marshall. Mr. Premo asked if there was going to be any system of warning lights on Dorset Street in front of the fire station. He was told that we were thinking about having them installed. Chairman Behney recapped the Clerk of the Works report as follows: 1. The tree in front of the building will remain until the drivers have some experience in driving in and out of the building. 2. The driveway can be paved with just a base coat for now. 3. We can take over the building and use it on a substantially complete certificate. LISTERS' REPORT Chairman Behney read the lister's report dated August 14, 1970. The report is filed with and made a part of these minutes. The Board acted on Section 2 of the report as follows: Mr. Stearns moved that Mrs. Lilliam Ferrier and Richard Underwood be delegated the authority of town lister. Mr. Pizzagalli seconded the motion which passed unanimously. Chairman Behney also noted the budget requirements as requested by the Listers. There was some discussion on the request, with Mr. Janes pointing out that there was no appropriation in the current budge to take care of any increase in salary. He also questioned that $3.50 per hour was the average rate of pay for listers in the state. Mr. Pizzagalli made a motion to consider the listers budget for 1971-72 in January when we are discussing the budget. Mr. Premo seconded the motion which passed unanimously. The Town Manager was instructed to write a note to the listers telling them of the Board's action. RESIDENTIAL TRASH BURNING Chairman Behney spoke of the Air Pollution problem, and the need of everyone working together to help control pollution. He asked the Board to go on record in requesting a voluntary reduction in trash burning in town. The Selectmen were enthusiastic in their support of the Chairman's request, and set the date of September 14th, for a more formal discussion and endorsement. Mr. Premo made a motion that Selectman Pizzagalli write up a resolution so supporting the Chairman's comments. Mr. Stearns seconded the motion which passed unanimously. Residents present also whleheartedly supported the Chairman. APPOINTMENTS TO THE BEACH, PARK AND RECREATION COMMITTEE Chairman Behney announced that Mr. George Watson, of the Kiwanis Club, and Mr. Dennis Johnson of the Jaycees were appointed to the Beach, Park and Recreation Committee as well as the Athletic Director, Reginald Godin, of the High School. It was announced that Mr. Thomas Racine felt he did not have the time to devote to the Beach, Park and Recreation Committee and suggested that his wift be appointed in his place. No action was taken. APPOINTMENT OF CHAIRMAN OF THE BEACH, PARK AND RECREATION COMMITTEE Mr. Stearns made a motion to appoint Mr. Thomas Breen, of 49 Laurel Hill Drive, as Chairman of the Beach, Park and Recreation Committee. Motion seconded by Mr. Premo and passed unanimously. ACCEPT FEDERAL GRANT OFFER OF $400,000. Chairman Behney read a letter dated August 10, 1970, from the Water Resources Board of the State of Vermont in regard to Project WPC-VT-65 Federal Grant Offer - Town of South Burlington, noting that the Board of Selectmen should pass a resolution authorizing the Chairman to accept the offer. Mr. Stearns made a motion to pass the following resolution. Mr. Premo seconded the motion, which passed with a vote of two in favor with Mr. Pizzagalli abstaining. 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 (WPC-VT-65-Federal Grant Offer- Town of South Burlington) 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. Dated August 31, 1970 Signed by all members of the Board. SCHOOL ACCESS ROAD Chairman Behney initiated a discussion as to the town use of Central School, traffic problems, and temporary entrances. The Selectmen were agreed that they were not prepared to make a decision at this time, and Chairman Behney recommended that the liaison man to the School Board, Selectman Stearns, be instructed to see if he could collect an outline of the details and ge everything together so the Board can evaluate it more completely. RED ROCKS REPORT Chairman Behney said he was going to ask for a short Executive Session on this, but that publicly he could say that the appraisal has been completed and forwarded to the Federal Agency. He said he expected the town would get every bit of money they had hoped to get. AGREEMENT TO PURCHASE WATER FROM THE CHAMPLAIN WATER DISTRICT Mr. Premo made a motion to approve the signing of the agreement and rider to purchase water from the Champlain Water District subject to approval of the agreement and the rider by the Town Attorney. Mr. Pizzagalli seconded the motion which passed unanimously. ACCEPT SIDEWALK BID Mr. Szymanski, Town Engineer, said the town had only received two bids for sidewalk construction on Airport Parkway, Willis Construction Company, $4,867.50 and Engineers, Inc. $5,095.00. Mr. Szymanski said the Willis Construction Company would make every effort to get the work done as soon as the town crew had their part of the work completed. Mr. Premo made a motion to approve Willis' low bid and award the work to him. Mr. Pizzagalli seconded the motion which passed unanimously. CORRECTION TO MINUTES OF JUNE 29, 1970 - James Cressey Letter Mr. Pizzagalli made a motion to correct the minutes of the meeting of June 29, 1970 by annexing the letter from Mr. James Cressey to then. Mr. Premo seconded the motion which passed unanimously. Mr. Pizzagalli made a motion to adjourn the meeting at 10:30 P.M. The motion was duly seconded and so passed. The regular meeting was reconvened at 11:10 P.M. On motion mady by Mr. Premo and seconded by Mr. Pizzagalli, the Board unanimously approved the following action: That Chairman Behney contact Mayor Cain on the next day, September 1, 1970, and if the 30 Burlington policemen resign their positions on September 7, 1970, the Town of South Burlington, to the extent compatible with South Burlington's police protection needs, would cooperate with the city by extending such South Burlington Police services as could be coordinated through the offices of the Town Manager and the Police Chief. LIME KILN ROAD - BRIDGE Appended to and made a part of these minutes is a copy of "Petition to Discontinue Highway" Chittenden County Court #12695 "Report and finding of Fact, dated August 28, 1970. On motion duly made, seconded, and so passed the meeting was adjourned at 11:15 P.M. Approved James C. Pizzagalli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.