Loading...
HomeMy WebLinkAboutMinutes - City Council - 07/27/1970BOARD OF SELECTMEN MEETING JULY 27, 1970 The South Burlington Board of Selectmen held a regular meeting at the Middle School Library, Dorset Street, South Burlington, Vermont, on Monday, July 27, 1970, at 7:00 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 Robert M. Janes, Town Manager; Richard Ward, Code Officer; William J. Szymanski, Town Engineer; Patrick J. Leahy, State's Attorney; David Fonseca, Executive Director of the Regional Planning Commission; Sgt. William Chilton, Coordinator of the Chittenden County Crime Strike Team; Robert K. Bing, Executive Director, Governor's Commission on Crime Control and Prevention; William O. Wuester, Assistant State's Attorney; Robert Kurley, Assistant State's Attorney; David S. Dillon of WJOY, Nan Frymoyer, L. W. V.; Charlotte C. Marsh, Reporter George Lambert, Attorney Frederick J. Fayette, and several other interested persons. Mr. Charles H. Behney, Chairman of the Board of Selectmen of the Town of South Burlington, opened the meeting in public session, and after welcoming all guests, stated that the object of tonight's meeting was to study the Chittenden County Strike Team concept. CRIME STRIKE TEAM State Attorney Leahy then began a long and careful review of the purposes of the Strike Team and soon introduced a coordinators' letter dated July 14, 1970, wherein the following was brought out: 1. Federal Grant for equipment for the Criminal Strike Team has been approved. 2. Total amount of the Grant, including In-kind services amounts to $20,147.00. 3. In order to obtain this amount, Burlington has contributed $8,641.00 in cash, plus 448 square feet of office space and a secretary. 4. The team is not in operation at this time due to the lack of high degree criminal activity in the area. 5. The Team could be activated within a short period of time. 6. The organizational structure is as follows: Patrick J. Leahy, State's Attorney, Director Lt. Richard Beaulieu, BPD, Coordinator Sgt. William Chilton, Vermont State Police, Coordinator Vermont State Police - Contributing 2 men Burlington Police Department - Contributing 2 men Area Police Departments - will be asked to contribute help if this can be done without inflicting a hardship. The State Police along with the Burlington Police will fill the vacancy if help is not available from the area Police Departments. 7. The operation of the Strike Team is to assist the agencies in question, not to enter any area of the above agencies and take over investigations without the authority of the area chief. 8. It is not the purpose of the Strike Team to go out and make arrests. The Criminal Strike Team is additional manpower and has at its disposal vast quantities of information and technical equipment in order to keep crime at its lowest level. CRIME STRIKE TEAM, CONTINUED 9. All contributing agencies will be kept abrest of the team operations even though they do not have a man in same. All team operations are discussed fully between the coordinators and the State's Attorney before any operation is put into effect. 10. It is expected that the Criminal Strike Team will be put into operation upon the ordering and arrival of the technical equipment. The team will spend approximately one week to familiarize themselves with the equipment. Upon completion of this program, all contributing Chiefs of Police will be called together and shown the working operations of the equipment and how this equipment can be of some help to their respective departments. Selectman Pizzagalli asked Attorney Leahy who, within the State hierarchy, determines what crime is investigated? Mr. Leahy's answer was that the group as a whole decided, except that major items are coordinated with the State's Attorney's office. Selectman Premo asked if the Strike Team agreement would be more properly signed by the elected officials of the town instead of by the Police Chiefs (employees). Mr. Pizzagalli asked if other Boards of Selectmen had signed, and the answer was that Mr. Leahy had no idea except that in the City of Burlington the Police Commission and the Mayor had discussed Strike Team for many hours. Selectman Fred Blais asked if Strike Team replaces the Metro Police idea? Mr. Leahy said that Strike Team concept was neither the beginning of or a substitute for Metro Police or Regional Police Department. Mr. Pizzagalli asked if Strike Team had turned down the South Burlington 1969 offer of a partolman rather than a detective, and Mr. Leahy said no. STRIKE TEAM, CONTINUED Mr. Leahy said that the approach to Strike Team last fall, and the July 14, 1970, letter were not in conflict, and the letter signed by Lt. Beaulieu and Sergeant Chilton was basically the same as the Governor's Crime Commission application except the Strike Team application and attachments were more formal. Mr. Leahy said there was no request made of South Burlington to contribute one detective. In answer to Mr. Pizzagalli's question of whether or not Strike Team is in operation today, the State's Attorney stated no, but most of the active lines of communication were open. Mr. Leahy said that should there be a series of violent crimes the Strike Team would start up. When Mr. Blais asked Sgt. Chilton if the July 14, 1970, letter was in contradiction with the Governor's Commission Strike Team Application, Mr. Robert K. Bing, Executive Director of the Governor's Commission, said the application is more demanding of the departments, but the Crime Commission would O.K. the letter if the Strike Team was smaller in number as it became operational. The idea of "one from among" the Suburban Police Departments was acceptable to Mr. Bing. This subject matter was explored at some length by the Selectmen. Mr. Leahy said that Crime Strike would go into action by mutual agreement. CRIME STRIKE TEAM, CONTINUED Mr. Blais' questions brought out that activating the Strike Team would be subject to the approval of Area Department Police Chiefs. Mr. Blais was interested in determining where South Burlington's contribution started and stopped and Mr. Leahy agreed it was a legitimate concern. It was pointed out that there was no specific statute, per se, under which Crime Strike was established. Chairman Behney and Mr. Pizzagalli talked about the new Senate Bill #8, and the tight, formal, descriptions found in the Crime Strike project description attached to the application. Mr. Bing stated that the application had to be formal and specific. Chairman Behney repeated that it named the Burlington Police Department as the one in charge. Mr. Leahy reviewed the sub-grantee designation. Mr. Pizzagalli said he preferred the July 14, 1970, letter clarification over the application. Mr. Premo wanted more clarification of the role to be played by the South Burlington Police Department. Mr. Blais pointed out that other town's Boards of Selectmen may be in a dilemma if they did not sign or review the Crime Strike Project. Mr. Bing said the Safe Streets Act considered the Crime Strike concept, and the Vermont Crime Commission approved the mechanics of this application. Mr. Leahy said he thought Crime Strike was a good idea, but he did not want to tell South Burlington what to do. Chairman Behney asked if South Burlington could join Crime Strike under the original application or the July 14th letter. The ensuing discussion brought out that the July letter was a reduction or limitation of the original application. Mr. Pizzagalli stated that, conceivably, South Burlington could establish conditions under which it might join Crime Strike. Mr. Bing said yes, if the stipulations were the same as existing present conditions. Mr. Pizzagalli said, after Mr. Premo remarked that South Burlington didn't budget for Crime Strike participation, that if the July letter was attached to the application, there would be fast action. The States' Attorney said that Burlington would keep the Crime Strike equipment when it was not being used, but it would be available. Mr. Premo asked if South Burlington could offer Photo lab, or key punch services. Selectman Blais asked if the Planning Commission had established the priority for the Crime Strike Team. Mr. Fonseca, Director of the Regional Planning Commission, said yes. Mr. Blais asked if the approval was the action of the regular Planning Commission. Mr. Fonseca explained that the Commission had appointed Mr. Kellner, Mr. Grady, and Mr. Bellows as a Law Enforcement Study Committee with authority to act on the applications, and that they were well qualified as they had spent many hours of study on this. Upon being questioned about why South Burlington has not been kept informed on many of the developments, Mr. Fonseca said the town's representative to the Planning Commission should keep the Board informed, that the Commission serves at the request of the participating communities, it does not initiate applications, such as for Crime Strike Team. CRIME STRIKE TEAM, CONTINUED Mr. Fonseca said he would be happy to meet with the Board at any time, and mentioned also that he would like to have the Selectmen attend the Regional Planning Commission's meeting of August 3, 1970. After a discussion on regionalization in general, Chairman Behney said the Town of South Burlington has always cooperated with other communities, and mentioned the areas of Police Dispatching, use of the land-fill area, and Mutual Fire Aid agreements. Selectman Blais said he felt a great deal of the confusion existing in the matter of the Crime Strike Team is seated right back to the Regional Planning Commission's failure to forward information. Mr. Fonseca repeated that it would be up to the Board to ask for a reporting from the town's representative, and that he was always available to meet with the Board. Mr. Bing, then spoke on the amount of work and time Mr. Fonseca had spent in the different programs the Commission was working on. Selectman Premo pointed out that the Regional Planning Commission's meetings were held on the same night as the Selectmen's. Mr. Fonseca said they tried to find a night that would be convenient for the most participants. He went on to say that the Board had a standing invitation for a dinner and presentation of the Commission's programs, that they had to have some time to talk, and couldn't communicate unless they had the time to talk. Chairman Behney said the Selectmen's meeting of August 3, 1970, would be held to a minimum so the men could attend the Regional Planning Commission's meeting of that date. CRIME STRIKE TEAM, CONTINUED Mr. Blais then questioned Mr. Janes, Town Manager, on his feelings toward joining the Crime Strike Team now. Mr. Janes said it was his understanding that the Governor's Crime Commission would hold an October meeting, and he predicted that he would have his research into the Chittenden County- Wide, Inter-Municipal Anti-Crime Compact completed, the Selectmen could make a decision, and an amended application could be submitted to the Crime Commission that would reflect the Board's philosophy. Mr. Janes said he had spoken with Burlington's Detective Beaulieu and Chief Carter, and wanted to speak with officials of other towns who had signed to join Crime Strike, as well as with Sergeant Chilton, Robert Stuart of the Vermont League of Cities and Towns, and some other members of the Governor's Crime Commission Staff. He said, also, that he would like to see some kind of public response to the matter. Mr. Blais questioned the need of three studies of the crime situation, wondering if this was a healthy situation, and said the information he had received tonight presented a different type of picture, noting that the Governor's Crime Commission wouldn't meet till November as he understood it. He suggested taking action on the amended compact tonight. Selectman Pizzagalli said he didn't see any pressing need for concern tonight, as the Board would want to study the International Association of Police Chief's report. He could see no reason to take action now, especially since the Crime Strike Team isn't even operating at this time. Selectman Premo said he felt the Board whould review the letter read tonight, and asked Mr. Janes if his recommendation would include a reconsideration by Mr. Janes and the Police Chief of the Crime Strike, or if it was going to be an entirely new idea. CRIME STRIKE TEAM, CONTINUED Mr. Janes said that on May 22nd it was his opinion that since the South Burlington taxpayers had authorized a juvenile-narcotics division, and since the detective's estimate of the town's narcotics problem was accepted, it was his opinion that this area is of utmost importance to the youth of our community and of the county. Selectman Blais said it was of paramount importance, but he didn't believe it was an either/or basis. He said he doubted there was time for another board scale examination on the approach to crime in this area in view of what is to be done. Mr. Janes said his approach is to recommend to the Board what he feels should be the subject for the next funding, that he had thought the next Commission meeting was not until December, and there was no possibility that he would recommend signing the original Crime Strike Team agreement dated June 1, 1970. He then said that he liked the concept of Senate bill #8, which provides for cooperation between communities without surrendering sovernity. He said there were a lot of items to be considered and studied, as well as the letter of July 14, 1970. Selectman Premo said we agreed you would have four to six weeks to make your recommendation, but now in view of the letter read by Mr. Leahy, wondered if Mr. Janes could speed up his recommendation. Selectman Blais said from the letter he gathered it would be perfectly o.k. to alter the agreement. There was discussion on this in regard to special provisions allowed a community. CRIME STRIKE TEAM, CONTINUED Selectman Premo noted that it (the agreement) should not be singed by the Police Chief, but by the elected bodies. Mr. Pizzagalli made a motion to postpone consideration of the Crime Strike Team for 2 weeks until the Board receives the Town Manager's report, and the board had time to study the letter and other material. Mr. Premo seconded the motion, and it passed by a vote of two in favor with Mr. Blais abstaining. Mr. Behney, Chairman, explained to those present, that the above session was to have been held in Executive Session as Mr. Leahy had said he would have preferred to meet in his office, but before the meeting opened it was decided to hold it in open meeting. APPOINTMENT OF A LISTER Chairman Behney said he had an applicant in mind, but had not been able to confirm the availability of the individual, so this item was deleted from the agenda. RESIGNATION FROM ZONING BOARD OF ADJUSTMENT Chairman Behney read in full a letter of resignation from the Zoning Board of Adjustment received from Attorney Douglas Stuart. Mr. Blais motioned to accept the resignation with sincere regret. Mr. Pizzagalli seconded the motion and it passed unanimously. READING OF THE MINUTES OF JULY 20 and 21, 1970 MEETINGS TOWN MANAGER'S REPORT ON FINANCIAL ORDER SIGNING Town Manager Janes reported that his research in the Selectmen's Manual, page 97, and the Vermont Statutes, 24, 1234, stated that the Selectmen must sign the disbursement orders, not the Town Manager. ADDED TO AGENDA First reading of zone change request on Shelburne Road for Fayette property. LETTERS RECEIVED - TOWN MANAGER Town Manager Janes listed the following correspondence, copies of which were forwarded to the Selectmen. 1. Letter in regard to Interim Grant of money for Phase IV Sewer Project. 2. Complimentary letter regarding work of Detective Jackson. 3. Letter in regard to Vermont Internship Program (Urban Corps). 4. Request for sewer line installation on Dawn Court. 5. Letter from Town of Shelburne Town Manager discontinuing use of Police Department dispatching services. MEETING WITH HEALTH OFFICER, DR. GLUCK Town Manager Janes asked if it would be convenient to invite Dr. Gluck to the meeting of August 10, 1970. Chairman Behney said the date was o.k., and Mr. Janes was instructed to notify Dr. Gluck of the date, time and place of the meeting. FIRST READING OF ORDINANCE - ZONE CHANGE ON SHELBURNE ROAD - FAYETTE The Selectmen agreed not to have the entire ordinance read. Chairman Behney then read the required head of the ordinance which request a zone change from Business District A and Industrial District A to Business B on property of F. J. Fayette located on Shelburne Road. Attorney Fayette then outlined the boundaries of the property to familiarize the Board with its location, and said that although no firm plans were set as to the use of the property, he was considering a multi-story hotel (8 or 9 stories) of a prominent chain, a physician's building with clinical facilities, retail establishments, etc. FIRST READING OF ORDINANCE, CONTINUED He said what was wanted was good orderly development of good tax-paying property. Mr. Blais made a motion to accept the first reading. Mr. Pizzagalli seconded the motion which passed by unanimous vote. MR. FAYETTE - CRIME STRIKE TEAM AND TOWN GOVERNMENT COMMITTEE'S RESUME OF PROPOSED CHARTER CHANGE Attorney Fayette said he would like to be better informed on details of the Crime Strike Team, and gave his views saying he was concerned about reduction of power, which did not mean that he was opposed to cooperation on some basis. He said he wanted to make a careful study of the Crime Strike Team and wanted to express his views. Town Manager Janes said he would be glad to meet with Mr. Fayette, furnish him with material to study, and to over the details with him, the date to be set later. Attorney Fayette then said he had received from Chairman Jameson a copy of the Proposed Charter Changes as prepared by the Town Government Committee. He said he had not studied it in depth, but had noticed some repetition in the material, and cautioned the Selectmen to be sure and have every legal angle explored before submission to the voters. Mr. Blais explained some of the steps leading up to the compilation of the resume, and said it was going to be prepared in the proper legal manner. He also offered to meet with Mr. Fayette, furnish him with material to study, and go over the details with him, the date to be set later. Chairman Behney thanked Mr. Fayette for his interest. TOWN MANAGER'S REPORT ON STREET SIGNS AND SEWER CONSTRUCTION Town Manager Janes reported that he was in contact with Mr. Lathe and Mr. Knapp of the Vermont State Highway Department and had asked them to conduct another survey of the traffic at the Kennedy Drive and Hinesburg Road Intersection. These officials also would be pleased to review the town's plans in regard to traffic lights at Dorset Street and Kennedy Drive. Town Manager Janes remarked that he had requested a motion in the matter of the installation, repair, etc., of the town signs and street signs to be accomplished by the Town Engineer. He read the Town Engineer’s memo in regard as to what has already been accomplished and what and when the rest of the work will be done on the signs. Mr. Janes remarked that he appreciated the Town Engineer's cooperation in this venture. PHASE IV SEWER CONSTRUCTION Town Engineer Szymanski reported that the engineering firm has received a call from the Public Health officials in regard to the progress of the Phase IV project, and assuming everything is o.k., and no revisions have to be made, we can go to bid soon. U.V.M. STUDENTS' SURVEY OF POTASH BROOK Mr. Blais had a report of the sanitary survey being conducted on the pollution, and what causes it, of Potash Brook. The survey showed that the pollution is being caused from the septic tank area that services Brewer Parkway, Lindenwood Terrace and Swift Street, the units in the rear of the motel close to Shelburne Road, and possibly from the U.V.M. poultry farm. U.V.M. SURVEY OF POTASH BROOK, CONTINUED Mr. Premo asked if we would get other reports on the survey, and Chairman Behney said he was meeting with Mr. Paul Butterfield, one of the gentlemen conducting the survey, the next day for more details. Mr. Blais emphasized the importance of sewering the four properties on Lyons Avenue Extension. Chairman Behney reminded him that at the meeting of July 6, 1970, a motion was made and passed as follows: "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". Chairman Behney said this is a priority item, it would be ahead of Phase V. Town Manager Janes suggested that Mr. Szymanski make a couple of phone calls to the proper funding authorities in an effort to hurry up the processing of our applications so the contracts could be put to bid. Chairman Behney then asked if it was clear that we are going to sewer the 4 properties on Lyons Avenue Extension as voted at the July 6, 1970 meeting. The Selectmen said yes. Chairman Behney then requested that the Board go on record as requesting that the contractor or town help make a cost study for making the sewer available to all properties in the Bartlett Bay area. This brought up a discussion on the sewer easements yet to be obtained for the Phase IV sewer construction, and Mr. Szymanski was urged to finalize the obtaining of the easements as soon as possible. CENTRAL SCHOOL Chairman Behney read sections of a letter received from Ver-Mada, Inc. in regard to the resolution passed by the Board of July 21, 1970, which requested completion of a road by July 1, 1971. Mr. Pizzagalli wondered why our committee, Mr. Blais and Mr. Stearns, couldn't negotiate a cut-off date. Mr. Blais said that although Mr. Berard was only one of eight on the Board of Ver-Mada, Inc., nothing could be done until Mr. Berard returns to town in about two weeks. Selectman Premo said unless we can tie in the resolution to the development of the property he could not go along with the finished road construction. Chairman Behney said he had asked the School Board Chairman if perhaps the school could emphasize the need for the road and get state-aid for the construction. Mr. Premo made a motion to table further consideration on the above until the return of Mr. Berard, at which time negotiations could take place. Mr. Pizzagalli seconded the motion which passed unanimously. REVIEW OF TOWN OFFICE SPACE REQUIREMENTS Chairman Behney said it is estimated to cost about $25,000 to move the offices to the Central School building for the three years as permitted by the Planning Commission. Selectmen Pizzagalli remarked that we could build our own building at a cost of about $12,000 a year. REVIEW OF TOWN OFFICE SPACE REQUIREMENTS, CONTINUED In discussing the $60,000 estimate for construction of the Dorset Street access road for school purposes, Mr. Pizzagalli said he felt this was an entirely different matter, it should be looked at from the point of view of providing a road to keep the children off of Williston Road and for other school purposes, the resolution had been drafted and accepted, negotiations would continue, and the town's use of Central School was a different and separate matter. Selectman Premo asked the Town Manager what his recommendation was as to the move to Central School. Town Manager Janes replies that emotionally he had no interest in Central School. He said right now our Police Department is marooned on Williston Road. The road was the busiest in the state and location of the town offices there was not ideal. Central School is merely an interim solution. Dorset Street is the center of our town and it is where we should be. Mr. Blais said he understood we are committed to the school to provide the road, and asked if this wasn't so. Chairman Behney said yes, we are committed, and said that on August 28, 1969, Frederic O. Sargent, then the Chairman of the Planning Commission, wrote to the Selectmen and said it was up to the Selectmen to build a road to the school. Town Manager Janes said no one had said it is possible to take the various problems and deal with them separately. The Police Department could be asked by the owner of the building to move at any time, it should be moved to Dorset Street in Porta-Houses. The offices on Dorset Street could be rearranged, the basement could be remodeled, a bulkhead built for another exit, and the furnace could be enclosed for additional administrative space. REVIEW OF TOWN OFFICE SPACE REQUIREMENTS, CONTINUED Selectman Blais wondered whether the Board was rationalizing, and developing the road for the developers. Town Manager Janes, said the road, as he understood it, was committed to be built by the town for school purposes, the matter of the cost should be put up to the taxpayers for a vote, and asked what moral commitment the Selectmen put to the taxpayers when they voted the $10,000 to improve Central School. Mr. Blais said more room was needed. Town Manager Janes then said he felt the extension of Pine Street and the road for the school children's use was of greater priority. Chairman Behney, said I don't mean to sell Central School. It is a good usable building with a lot of space. In discussing moving the Police Department back to Dorset Street and the use of mobile units for this purpose, Charlotte Marsh offered two of her cottages, saying they were in good solid condition and could be moved to the town property on Dorset Street. Chairman Behney, in reply to questioning, said the Board had studied the leasing of a new building, but since the town cannot sign a lease for more than a year, the builders were not interested. Selectman Premo said to Mr. Janes that the Manager was saying we ought not to move. Mr. Janes said he couldn't see the move at all, not for just three years, the location was bad in regard to traffic as we generate a great deal of traffic every day, more during tax installment times, dog licensing times, etc. We should be striving to control Williston Road traffic, and this would make it worse. He said what concerns him was that the initiative is being forced on the Board, we should let developers and the School Board know that we are our own master, and asked if it wasn't up to the school to build the roads that were needed for school purposes. Further discussion resulted, but no action was taken. Mr. Premo made a motion to adjourn the meeting at 11:05 P.M. Mr. Blais seconded the motion and it passed unanimously. Approved Janes C. Pizzagalli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.