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HomeMy WebLinkAboutMinutes - City Council - 07/06/1970BOARD OF SELECTMEN MEETING JULY 6, 1970 The South Burlington Board of Selectmen held a regular meeting at the South Burlington Middle School Library, Dorset Street, South Burlington, Vermont, on Monday, July 6, 1970, at 7:30 P.M. Chairman Behney called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Gregory L. Premo, Frederick G. Blais, and James C. Pizzagalli. MEMBERS ABSENT Raymond E. Stearns OTHERS PRESENT Town Manager Janes, Town Engineer Szymanski, Code Officer Ward, Town Treasurer Helen Paquin, Nan C. Frymoyer, LWV; Charlotte C. Marsh, Antonio B. Pomerleau, Donald Duell, and Dr. Stokes Gentry. TOWN TREASURER - HELEN D. PAQUIN Chairman Behney said Helen was attending the meeting to explain details of her work particularly in the area of preparation of notes submitted to the Selectmen for signature. Mrs. Paquin explained that at the request of the State authorities all bond anticipation notes are being written on due dates, in the case of the Fire Department note, this is September 15, 1970. Tax Anticipation notes can only be written up for one year. She also explained the steps she took in regard to the Fire Department note at the request of the Selectmen. She was able to get a slightly lower rate, and was advised by our Town Attorney and the bank officer that in the future if she wanted to procure competitive bids on the rate, it would have to be in the form of sealed bids. TOWN TREASURER - HELEN D. PAQUIN, CONTINUED Mrs. Paquin said that in the future she will attach a letter of transmittal with explanations on the notes being submitted for signature. Chairman Behney said that would be a good idea, and he and the Selectmen thanked Mrs. Paquin for her presentation. PUBLIC HEARING - QUEEN CITY MALL ZONING CHANGE - SECOND READING Mr. Premo moved to waive the reading of the entire ordinance. Mr. Blais seconded the motion and it passed unanimously. Chairman Behney then read the required portion, and explained the location and proposed use of the property. Planning Commission recommended approval on June 9, 1970. Mr. Premo made a motion to accept the second reading. Mr. Blais seconded the motion and it passed unanimously. The ordinance follows: O R D I N A N C E AN ORDINANCE TO AMEND "THE SOUTH BURLINGTON ZONING ORDINANCE BY CREATION OF AN ADDITIONAL AREA OF PLANNED DISTRICT". The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinances adopted February 28, 1964, and the official zoning map adopted in connection therewith is hereby amended by changing the land use of the following described land from Business District A and Industrial District A to Planned District. A parcel of land, owned by Antonio B. Pomerleau, situated on the westerly side of Shelburne Road, containing 42.5 acres, commencing on the west side of Shelburne Road at the north boundary of the Peteo Service Station and extending south 678 feet, more or less, to the Gulf Service Station, turning west 100 feet, more or less, and south again 165 feet, more or less, to the north boundary of the cemetery. QUEEN CITY MALL ZONE CHANGE - SECOND READING, CONTINUED The property line then extends west along the Fayette property to the property of Vermont Railway, Inc., and continues northwest along this property for 1340 feet, more or less. At this point the property line turns east 900 feet, more or less, south 357 feet, more or less, along the rear of South Burlington Plaza and east 400 feet, more or less, along the side of South Burlington Plaza to meet the rear of the property of the Petco Service Station. The property line then continues south 99 feet, more or less, and east 580 feet, more or less, to close at the starting point. Section 2. This ordinance shall take effect from its passage. Approved July 6, 1970 Signed by South Burlington Board of Selectmen SECOND READING - CARNIVAL REGULATIONS ORDINANCE Mr. Premo moved to waive the full reading. Mr. Blais seconded the motion which passed unanimously. Chairman Behney read the required portion of the ordinance. Mr. Premo made a motion to approve the second reading of the ordinance as published. Mr. Pizzagalli seconded the motion and it passed unanimously. The ordinance follows: AN ORDINANCE TO LICENSE AND REGULATE CIRCUSES, CARNIVALS AND OTHER SHOWS The Selectmen of the Town of South Burlington hereby ordain: 1. "Show" as used herein shall mean any circus, carnival, menagerie, street show or itinerant show. 2. No show shall be conducted in the Town of South Burlington unless a license has been obtained from the Board of Selectmen, nor shall any show be conducted in violation of the provisions of this ordinance. SECOND READING - CARNIVAL REGULATIONS ORDINANCE 3. Licenses: (a) An application for a license under the provisions of this Ordinance shall be filed with the Board of Selectmen at least fourteen (14) days before the date set for the opening of the show. (b) Such application shall include: 1. The name of the owner and operator. 2. A site plan indicating: location, and distance from the nearest residences, fire hydrants, state and local highways, overhead electrical and telephone wires, entrances and exits to shopping centers and other public places. 3. The intended hours of operation, and the number of days that the show will be conducted. 4. Description of the show, including a list of each item of proposed exhibit or entertainment. 5. Any other information required by the Board or Town Manager. (c) The Board of Selectmen may approve or reject such application upon consideration of the public health, safety, welfare and convenience of the Town. Prior to any action, the Board shall cause the application to be reviewed by the police and fire departments of the Town, and the Town Engineer. In approving any application, the Board may require appropriate conditions and safeguards, including, but not limited to, the following: 1. The permitted hours of operation, and the number of days that the show may be conducted. 2. A deposit of funds with the Town Treasurer, or other security, for guaranteeing the clean-up of the area of operation. 3. Employment of personnel approved by the Board for the maintenance of order and traffic control. (d) The fee for the granting of any license shall be $100.00 for each day of operation for any single show. Provided however, that in no event shall, the license fee exceed $350.00 if the show operates for less than eight continuous days, or more than $650.00 if the show operates for more than seven but less than fifteen continuous days, or more than $900.00 if the show operates more than fourteen continuous days. If the Board of Selectmen determines that a show is to be conducted by a religious, charitable or non-profit organization, or that the proceeds are to be devoted to charitable purposes, then the license fee shall be $10.00 for each day of operation. SECOND READING - CARNIVAL REGULATIONS ORDINANCE (1) The fee for such license shall be paid in advance upon the filing of the application therefore. In the event that the application is rejected, the fee shall be returned to the applicant. 4. A license granted under this Ordinance may be revoked by the Board for any of the following reasons: (a) A violation of this Ordinance, or of a condition or safeguard attached to the granting of the license. (b) Any variation between the application and the actual operation of the show. (c) A disturbance of the public peace, or occurrences detrimental to the public health, safety or welfare of the Town, which result from the operation of the show. 5. In addition to any other remedy provided by law, the penalty for a violation of this Ordinance shall be a fine not to exceed $500.00 or a term of imprisonment not to exceed one (1) year, each week that the violation continues to constitute a separate offense. 6. This Ordinance shall take effect from passage. Approved June 29, 1970 Signed by the South Burlington Board of Selectmen Mr. Premo, with the Chair's permission, told those present that the Selectmen were not railroading these ordinances through, that a great deal of discussion and study had been spent on the details in the previous meetings. SANCTION ZONING BOARD'S APPROVAL OF USE VARIANCE - DR. GENTRY The Board considered sanctioning Dr. Stokes Gentry's approval for a variance from Section 14.10, for permission to convert the present structure at 700 Dorset Street into professional type offices. SANCTION USE VARIANCE APPROVAL - DR. STOKES GENTRY, CONTINUED Code Officer Ward reported that the Zoning Board of Adjustment, meeting on July 1, 1970, approved the request with the following stipulation: "That the existing curb cut on Kennedy Drive may not be used at this time in its present location. Dr. Gentry said that he would be willing to have the curb cut moved." ...."The Board voted 3 - 0 in favor of granting the variance per stipulation and the addition of 7.60 and 7.61 (Parking requirements). He said Dr. Gentry and John Ewing were co-owners of the property, and it would be remodeled into two offices, one to be used as a Real Estate Broker's office, the other by Dr. Gentry for storage only. The Selectmen discussed the use of the present curb cut and were concerned about traffic congestion on Kennedy Drive. They decided that the stipulation imposed by the Zoning Board would be sufficient protection against any problems in the future. Mr. Pizzagalli made a motion to sanction the Use Variance as approved. Mr. Blais seconded the motion and the vote was unanimous in favor of passage. PHASE IV SEWER Chairman Behney said he brought this item up basically to see how we are progressing. He said in the light of recent state legislation he was concerned that Phase IV does not cover everything he would like it to, in particular, 4 homes on the beach. He asked the Town Engineer if he had ever considered these homes being sewered. Mr. Szymanski said they did run a cost on including these homes and it would amount to approximately $20,000, but the plans were all set, and if we endeavored to include these properties it might stall the job. PHASE IV SEWER, CONTINUED Chairman Behney said it was important that the properties be sewered as they were located on the perimiter of Red Rocks and asked the Board to go on record to sewer those four establishments. Mr. Blais made a motion that the Board resolve its intention of sewering completely the area west of the main line from Bartlett's Bay to the northern line, and plan specifically on picking up the Lyons Avenue area by whatever action necessary when Queen City Park is sewered, and, as soon as is practical. Mr. Pizzagalli seconded the motion which passed unanimously. SEWER EASEMENTS The Selectmen urged Mr. Szymanski to complete the obtaining of the easements needed for Phase IV. He said he and Code Officer Ward were working on this. MUTUAL AID WITH THE AIR GUARD Town Manager Janes reported that he and Chief Monell had met with Colonel Cater and Raymond Hotte of the Air Guard and discussed a mutual aid agreement between both fire departments for off-base emergencies, such an agreement to be reviewed by the Town Attorney. He said they were about ready to go to the paper work. The Selectmen, Nan Frymoyer and Miss Marsh questioned him about the advantages and disadvantages of such a pact. He said we have the manpower, they have the equipment and our men would be able to get training in the fighting of gasoline fires. Mrs. Frymoyer wondered if the Air Guard would help in a house fire, for instance, if one should occur in the area. Mr. Janes said he would look into this. MUTUAL AID WITH THE AIR GUARD, CONTINUED Mr. Premo made a motion to have the Town Manager proceed to draw up a Mutual Aid Agreement with the Air National Guard, have it reviewed by the Town Attorney, and submit it to the Board for consideration. Mr. Blais seconded the motion which passed unanimously. FIRE DEPARTMENT MUTUAL AID RESOLUTION AMENDMENT Mr. Pizzagalli said that the Mutual Aid Resolution passed on May 18, 1970, was not working out, that about half of the departments contacted are going along with the resolution, but others are private or volunteer departments not governed by a municipal Board. Chairman Behney remarked that in his experience there never was a problem, that communities always had and always would help one another, and were not used to such a formal procedure. Mr. Premo made a motion to amend the Resolution relating to Mutual Aid adopted by the South Burlington Board of Selectmen May 18, 1970, by striking out sub-paragraph #1 and re-numbering paragraphs 2 and 3 1 and 2 respectively; by striking out the second major paragraph beginning with the words, "BE IT FURTHER RESOLVED, that the Clerk..."; and by striking out the third major paragraph beginning with the words, "RESOLVED, that the .....". The motion was seconded by Mr. Blais, passed unanimously, and the Resolution is amended. FIRE STATION CONSTRUCTION PROGRESS Town Manager Janes said he had received the construction progress charts from Wright & Morrissey and the completion day is August 31, '70. Mr. Blais recommended that the Fire Department remain in its temporary quarters at 113 Patchen Road until the Fire Station is completely finished. CONSTRUCTION CONTRACT - FIRE DEPARTMENT BUILDING Town Manager Janes expressed his concern that a contract has not been signed for construction of the fire department building. Mr. Pizzagalli said the Town Attorney had approved a different type of contract than the one presented by Wright and Morrissey for signing, and added if the matter is not resolved in a week or so we should tender our form of contract to them and tell them to sign it. FIRE PREVENTION AND INSPECTION ORDINANCE Town Manager Janes reported the Fire Prevention and Inspection Ordinance is held up pending what it would mean to the town to waive the state's participation in the fighting of forest fires. He wondered if Mr. Nathan Dauchy, of the Department of Forest and Parks, Montpelier, Vermont, couldn't be invited to attend a Selectmen's meeting and explain the matter in detail. He was instructed to invite Mr. Dauchy to the meeting of July 20, 1970. CURRENT FIRE PREVENTION ORDINANCE Mr. Premo repeated his request of June 29, 1970 for copies of the present Fire Prevention Ordinance for the Selectmen. Mr. Janes said he would include copies in the material distributed for the July 13, 1970 meeting. ATTENDENCE AT MEETING - LISTERS, TAX ANALYST AND HEALTH OFFICER Town Manager Janes asked the date of the next meeting as the Listers and Tax Analyst would be reporting on their work. He also wondered if the Board would like to meet with Health Officer, Doctor Gluck, to hear his views about cooperation between neighboring communities on the hiring of a Sanitary Engineer. He was told to put them on the Agenda of July 20, 1970. CONGRATULATORY TELEGRAM ON ESTABLISHMENT OF FIRE DEPARTMENT Mr. Pizzagalli made a motion to include the contents of a telegram received by Mr. Janes in these minutes. Mr. Premo seconded the motion and it passed unanimously. The telegram follows: "Robert Janes, Town Manager. Per direction of the Executive Board we congratulate the town of South Burlington for the establishment of their own fire department and extend best wishes to Chief Melvin Monell and his men. Darrell Kennison, President Vermont State Firefighters Association. July 1, 1970 JOB CLASSIFICATIONS Town Manager Janes presented the Selectmen with copies of new job classifications as follows: Fire Chief, Maintenance Patrolman-Heavy Equipment, Fireman, Police Officer-Laboratory Technician and Police Officer-Juvenile and Narcotics. Chairman Behney said the legal title for Mr. Monell was Chief Engineer, not Fire Chief. Mr. Janes said he would correct the title. Chairman Behney, on being questioned by Mr. Blais as to why there were two new classifications in the Police Department, said they were planned and budgeted for when this years budget was prepared. Town Manager Janes recommended that the Personnel Rules and Regulations be amended to include the following positions and the pay level be set as follows: Job Description Pay Scale Highway Maintenance Patrolman-Heavy Equipment 12 Fireman 12 Chief Engineer 16 Police Officer-Laboratory Technician 13 Police Officer-Juvenile & Narcotics 13 AMENDMENT TO PERSONNEL RULES & REGULATIONS Mr. Pizzagalli made a motion that the South Burlington Personnel Rules and Regulations, Pay Plan, Part II-III, Section adopted July 1, 1968, as subsequently amended, be further amended to provide for five (5) new positions in accordance with the job descriptions as submitted by the Town Manager and the pay scale of each noted in the minutes. Mr. Premo seconded the motion which passed unanimously. TOWN MANAGER RECOMMENDATION RE: EXECUTIVE SESSION Town Manager Janes recommended that, if convenient, the Board adjourn into an Executive Session, and ask the Town Engineer to join the meeting for the purpose of discussing the alignment of department personnel with the job descriptions. The Board did not adjourn at this time, but discussed the following: NEWSLETTER Mr. Pizzagalli announced that deadline for submission of material for the next edition of the Newsletter is Friday, July 10, 1970. He said the Committee had prepared a list of articles to be featured in each issue, and said the list could be obtained by calling Margo Schweyer. He felt the first feature article was to be on the Fire Department. He explained the Committee was not going to function as writers, they must get the articles in written form. REQUIREMENTS OF TOWN EMPLOYEES - RESIDENTS? Miss Marsh said she felt town employees, especially the firemen, should be town residents, or at least, live very close in the area. Mr. Premo explained that would be ideal, but the first requirement was qualification. Mr. Pizzagalli said that with the housing situation as bad as it is it would be unreasonable to make this a requirement. COST OF INSURANCE COVERAGE Mr. Blais reminded the Town Manager that it has been some time since the Board requested comparison figures from Petersen and Rowlands Insurance Company in order to determine the reason for the increase. Town Manager Janes explained that he had contacted Mr. Valine, of the company, several times and had not as yet received the figures. Mr. Valine is on notice that the Selectmen want the comparison and he would contact him again. TRASH COLLECTORS ORGANIZATION Mr. Blais wondered if any research had been done on organizing the trash collectors for regular trash collection with the goal of eliminating a lot of household burning. Mr. Premo said he was working on it and would have a report next week. PARK AND RECREATION COMMITTEE Chairman Behney announced that the Board would meet July 13, 1970 to consider the re-organization of the Recreation Committee, and a new charge would have to be prepared for the group. Mr. Pizzagalli asked if we had received any requests from people interested in being on the Committee. Answer to question was indefinite. Town Manager Janes said he would meet with Mr. Burnell on Tuesday, July 7, 1970, for information on the recreation program progress. Mr. Premo made a motion to go into Executive Session to accommodate the Town Manager at 9:40 P.M. Mr. Pizzagalli seconded the motion and it passed unanimously. The Board came out of Executive session at 11:40 P.M. and adjourned. Approved. James C. Pizzagalli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.