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HomeMy WebLinkAboutMinutes - City Council - 06/15/1970BOARD OF SELECTMEN MEETING JUNE 15, 1970 The South Burlington Board of Selectmen held a regular meeting at the Middle School Library, Dorset Street, South Burlington, Vermont on Monday, June 15, 1970, at 7:30 P.M. Chairman Behney called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Gregory L. Premo, Raymond E. Stearns, Frederick G. Blais and James C. Pizzagalli. MEMBERS ABSENT None OTHERS PRESENT Town Manager Janes, Code Officer Ward, Police Chief Carter, Town Engineer William J. Szymanski, Officer Kenneth Kelley, Reporter Lambert, Benjamin Schweyer, Attorney; Franklin McCaffrey, Nan Froymeyer, L.W.V.; Charlotte C. Marsh, and Robert Ray, Chairman of the Park and Recreation Committee. INSPECTION OF GRADER Chairman Behney and Board members took a few minutes to go out onto the lawn for inspection of the new town grader. LIQUOR CONTROL BOARD Chairman Behney called the meeting to order as the Liquor Control Board at 7:40 P.M. The Selectmen considered, approved, and signed, applications for liquor licenses as submitted by the Atlantic Industries, Inc., operators of the Old Board Restaurant, and Mrs. Rene M. Barsalow, owner and operator of the Highway Restaurant. REGULAR MEETING Chairman Behney recessed the Liquor Control Board meeting at 7:45 P.M., and reconveyned the regular meeting. READING OF THE MINUTES OF THE JUNE 8, 1970 MEETING Chairman Behney noted the following in the item READING OF THE MINUTES OF JUNE 1, 1970 - results of the vote should read as follows: "vote was unanimous with one abstention". Selectman Pizzagalli noted the first Item on pay 6 should be titled SOLID WASTE PLAN. Mr. Pizzagalli moved to accept the minutes as corrected. Mr. Stearns seconded the motion which passed unanimously. REPORT FROM CHIEF CARTER Chairman Behney explained that the Chief was asked to attend to report on drug abuse control at the request of the Selectmen. Chief Carter introduced Officer Kenneth Kelley, and said they were prepared to talk about juvenile items in general. Mr. Carter gave a short history of the implementation of a juvenile department within his department and mentioned that Officer Kelley, a graduate of U.V.M. in physcology, was the town's first full time juvenile officer, although we have had others who functioned as juvenile officers part time. Officer Kelley reported on the scope of his work with the youth of the town, saying that juvenile problems, as such, were previously a minor item, but that now we do have juvenile and related narcotic problems. He explained that the department was planning the following: 1. Educational approach, lectures, meetings between parents, children, and school officials. 2. Investigative aids for drug analysis, and identification. 3. Formal training for other officers. 4. Acquiring projectors for the showing of films on the drug abuse problem to large groups of people. Officer Kelley explained the items of an application submitted to the Governor's Crime Commission, which would give financial assistance for a two weeks training course to be held at Norwich University on drug abuse which he was planning to attend, as well as assistance in the procurement of drug analysis and identification kits. Chairman Behney asked the status of the cooperation between the Police and School Departments. Chief Carter said that up to last year the school officials made their own regulations and apparently took care of the problems that came up without contacting the Police Department. However, he added, since last year there is much better cooperation, and he and Officer Kelley anticipate very good relations with the school officials, guidance counselors, teachers, and students, as they have been getting recently. Many general questions on juvenile activities and drug abuse were asked by the Selectmen and answered by the Chief and Officer Kelley. Chairman Behney, on behalf of the Selectmen and himself, commended the Chief and Mr. Kelley on the drafting of the application for funds that was forwarded to the Governor's Crime Commission. Town Manager Janes reported on a letter received this date from State's Attorney Leahy, in which Mr. Leahy praised Detective Jackson and Officer Kelley for outstanding work done on a recent case. Mr. Janes said copies of the letter would be put in the men's personnel files. RECREATION COMMITTEE REPORT - ROBERT RAY, CHAIRMAN Chairman Behney explained the intent of meeting with Mr. Ray tonight was to see if the Park and Recreation Committee had come up with anything on the development of Jaycee Park. Mr. Ray detailed the action taken to build a Babe Ruth Ball field, and said plans were dropped when a representative from the state pointed out that the area was not large enough for a regulation field. Mr. Stearns explained that the Kiwaniis had planned to assist in the construction of the field. He asked if Mr. Ray wasn't considering use of the area for other recreational activities and if he had checked with the School Department on their future recreational plans. Mr. Janes, Town Manager, referred to a memo he had received from the Recreation Director which stated in part "Plans for other activities in priority order have been given to architect Terry Boyle". Memo dated May 13, 1970 referring to meeting held on Tuesday, May 12, 1970. Mr. Blais said he had attended the meeting in question listed the planned uses in priority as follows: 1. Soft ball league and Little League Baseball field - Spectator stands for 100 (Donated by Kiwanis Club) 2. Children's play area (Tot Lot) 3. Summer Basketball court 4. Badmidton Court 5. Horseshoe pits 6. Shuffleboard Court 7. Outdoor theatre 8. Picnic facilities area 9. Parking lot for 85 vehicles. Chairman Behney asked Mr. Ray to have his committee write up a formal recommendation on the above priorities for submission to the Board for consideration. RECREATION COMMITTEE REPORT, CONTINUED Mr. Premo asked if Mr. Ray was waiting for a green light to go ahead, to which Mr. Ray replied he was. Chairman Behney then repeated his request for a letter of recommendation on the list of priorities, because if it was approved the different service clubs could be contacted for donations. Mr. Ray was thanked for being present and invited to attend the next meeting when mini-bike trails will be discussed. CENTRAL SCHOOL LEASE Town Manager Janes reported on a letter received from the School Department, which raised a question on the use of Central School until the matter of an access road is resolved. Details on the amount of construction necessary at this time, as well as the cost, were discussed with the Town Engineer. Mr. Behney, Chairman, pointed out that all that was necessary at this time was the construction of the Mary Street Extension which was estimated to cost about $4420. The rest of the construction, a road to Dorset Street, he felt could be done later. Mr. Stearns asked if the money was in this year's budget. Chairman Behney said it had not been figured in. Mr. Pizzagalli asked if we couldn't get an extension of a year from the School Department before having to do any of the work. Mr. Stearns said the School Department was well within its nights to expect at least the access road to Mary Street at this time. Town Manager Janes said when the matter is resolved he would take care of the details so the lease could be signed, that he was meeting with the architects, and was working toward occupying Central School in September. SAN REMO CORPORATION REFERRAL FROM THE ZONING BOARD OF ADJUSTMENT Mr. Pizzagalli did not take part in this discussion. Chairman Behney reviewed the steps that led to the consideration of this appeal, and said that at this point the Board had charged itself to view the site of the proposed curb cuts, to review the Planning Commission's and Zoning Board of Adjustment's minutes, the Town Attorney's written opinion, and the Agreement between the State of Vermont Highway Board and the Town of South Burlington on Kennedy Drive. The men had visited the site and had received and studied all the material referring to the appeal. He said the evidence brought out that the State of Vermont considers Kennedy Drive a State Aid Highway, making it necessary that the Board of Selectmen should give approval or disapproval of the Kennedy Drive curb cuts, with the plans being reviewed and approved by the Department of Highways of the State of Vermont. Selectmen questioned Mr. Szymanski, Town Engineer, as to whether the road was considered an arterial or collector road and that his reaction would be to shortening both the islands, to which he replied that it was an arterial road, and he would have no objection to the shortening of the islands. Mr. Benjamin Schweyer, Attorney for the San Remo Corporation, spoke in behalf of his client, saying the Planning Commission had already decided the plan is acceptable, the Vermont Highway Department withdrew its permission only when it found out it could not give such permission, and pointed out that the matter has been around since last August. Mr. Behney, Chairman, explained the entire period of time since August was not all concerned with the curb cuts, said the nature of the locality was definitly for commercial use, and questioned if the time and discussion involved would have resulted if the request had come from church interests, for instance. SAN REMO CORP. REFERRAL FROM THE ZONING BOARD OF ADJUSTMENT, CONTINUED Selectmen Premo and Blais mentioned several situations that could occur because of the curb cuts and cause traffic accidents. Mr. Stearns said the question before the Board was whether or not to approve the request, that the Highway Department had accepted it, the Planning Commission had approved it, and the firm interested in locating on the site was certainly well versed in the study of traffic control and safety. After a rather lengthy discussion concerned mainly with traffic hazards caused by curb cuts and how to aviod them, Mr. Stearns made a motion to approve the granting of a permit for the curb cuts as delineated in Project #18, dated September 4, 1969, based on all the evidence received. Mr. Premo seconded the motion, but said he preferred to have the motion amended to add "that approval was granted after great controversy and discussion". Chairman Behney called for discussion. Wording of the motion was revised and the Board then drafted another motion. Mr. Stearns then withdrew the original motion and Mr. Premo withdrew his second to the motion. Mr. Blais made a motion that the South Burlington Board of Selectmen recommended approval of the curb cuts as delineated in Proj. 18, Sheet #1, 9/4/69. However, since the Board is unable to judge as to the safety of said curb cuts, the Board of Selectmen request a review from the point of safety by the State Department of Highways, and if considered safe within the highway use, to grant said curb cuts as delineated. Such action taken in accordance with Agreement Pertaining to the Regulation and Control of Traffic, Project U-528-2, South Burlington, page 1, paragraph B, dated May 5, 1964. Mr. Premo seconded the motion which passed unanimously. CENTRAL SCHOOL LEASE, CONTINUED FROM PAGE 5 Mr. Pizzagalli then made a recommendation that the Town Manager and Town Engineer review the budget to see if they can expend $4420.00 for the Mary Street Extension, the minimum that can be done this year, and then budget for the rest of the construction next year. Chairman Behney and the Selectmen agreed with the recommendation. USE OF CENTRAL SCHOOL OFFICE BY WATER DEPARTMENT Town Manager Janes reported he and Donald Lavalette had toured the Central School, and he recommended that the Water Department be invited to use the large room on the northeast front corner of the main floor for a nominal fee of $100 a year, with the town paying for the utilities and the water department furnishing and equipping its own department. Town Engineer Szymanski said use of the Central School had been discussed at the last meeting of the Water Commission, but no action had been taken. He said he felt the commission was waiting for a written proposal. Mr. Janes was directed to send a letter of intent to the Water Commissioners setting forth all the provisions as stated above. TOWN TOUR The Selectmen decided not to take any action on the scheduling of a town tour. SHELBURNE ROAD FIFTH LANE Chairman Behney said Chairman Lamphere of the Planning Commission had received a letter from the State Highway Department which stated that in order for the state to proceed with the proposed construction of the fifth lane on Shelburne Road we would have to put up with the overhead utilities. PERSONAL PROPERTY TAX Selectman Premo requested that it be a matter of record that the Town Manager be directed to confer with Mr. Alexander (Personal Property Appraiser) as to what his recommendation is in regard to personal property tax assessments in the light of the recent decision of the Vermont Supreme Court on methods of appraising personal property. RED ROCKS - HOLD HARMLESS AGREEMENT On motion made by Mr. Blais and seconded by Mr. Stearns, the Board unanimously voted to have Chairman Behney, as authorized agent of the town, sign the Hold Harmless Agreement drafted by Town Attorney Ewing by which the town will assume any liability imposed upon the owner of Red Rocks as a result of any injuries occurring in connection with the tours of the property to be held on June 20 and June 21, 1970. Chairman Behney then reported the details of plans for publicity and arrangements for the tours. FRANK R. ANTONE - DONATION FOR JAYCEE PARK On motion made by Mr. Blais and seconded by Mr. Premo it was voted to adopt and forward to Mr. Frank Antone the following resolution: R E S O L U T I O N WHEREAS, the South Burlington Board of Selectmen recognizes the generosity of Mr. Frank R. Antone by his donation of heavy equipment and manpower to raze the barn and chicken coop at Jaycee Park, NOW THEREFORE, be it RESOLVED, that the Town of South Burlington commends Mr. Frank R. Antone for his civic generosity and wishes to express the gratitude of its people for such an upstanding contribution to the youth and adult recreation of the Town, AND BE IT FURTHER RESOLVED, that the Clerk of the Board be, and he hereby is, directed to send a true copy of this Resolution to him. Adopted June 15, 1970 James C. Pizzagalli Clerk of the Board EXECUTIVE SESSION On motion duly made and seconded the Selectmen voted unanimously to go into Executive Session at 10:45 P.M. to consider the 1970-71 Pay Plan proposal as prepared by Town Manager Janes. RESOLUTION - 1970-71 PAY PLAN The Board came out of Executive Session at 11:05 P.M. and Chairman Behney reconvened the Regular Session. On motion duly made and seconded the Selectmen unanimously approved the following resolution regarding the 1970-1971 Pay Plan: RESOLUTION - 1970-71 PAY PLAN, CONTINUED R E S O L U T I O N BE IT RESOLVED by the South Burlington Board of Selectmen as follows: 1. That all employees in the classified service of the Town be given a 6% wage increase over their base rate of pay; said increase to be effective in the first pay week ending after July 1, 1970, and that all rates in the Pay Plan of January 20, 1969, set out at Section III of the Personnel Rules and Regulations, be reprinted as increased by the aforementioned 6%, and 2. That the second sentence of No. 5 (B) of Section III of the South Burlington Personnel Rules and Regulations, adopted July 1, 1968, be amended to read as follows: "Increases in salary may be granted twice each fiscal year, upon the employee's anniversary date (the date on which he was hired) and six months after the anniversary date (hereinafter referred to as the six-month interval)", and 3. That, a new No. 6 of Section III of the said Personnel Rules and Regulations be added as follows: "The Town Manager shall conduct a Personnel Performance Evaluation for each classified employee of the Town of South Burlington every six months on the employee's anniversary date and at his six month interval, as herein above defined. Said evaluation shall be conducted in the manner set out in Part III of these Personnel Rules and Regulations. The Town Manager may delegate to department heads the responsibility for conducting the said evaluations, provided, however, that all evaluations shall be approved by the Town Manager and signed by him, and 4. That merit increases granted during the period July 1, 1970, through December 31, 1970, may, in the Town Manager's discretion, be made retroactive to July 1, 1970, and 5. That the South Burlington Board of Selectmen hereby declares that as a matter of policy it is opposed in principle to the concept of across the board wage increases except in those instances where radical changes in the economy take place and where extraordinary relief is warranted, preferring instead the scheme of merit increases set out in the Personnel Rules and Regulations, and 6. That the changes set out in #2 of the Town Manager's Memorandum #21, dated June 8, 1970, be implemented, and 7. That the positions of Detective and Codes Officer be changed from pay scale #13 to #14, and 8. That the position of Tax Analyst be given an 8% increase instead of the 6% increase referred to in #1 of this Resolution, and 9. That the Town Manager be, and he hereby is, directed to investigate further improvements in the town's employee benefits program and to report to the Board at next year's budget hearings so that improvements in programs, if warranted, may be made, such improvements to be effective July 1, 1971, and 10. That the changes authorized by this Resolution be explained by the Town Manager to the Town's employees by a thorough, written directive, and at a meeting of all employees called for that purpose, and 11. That the provisions of this Resolution, with the exception of No. 10, be effective July 1, 1970. Approved June 15, 1970 Signed by South Burlington Board of Selectmen BURLINGTON TENNIS CLUB The Board then considered a request from the Burlington Tennis Club to hold a display of fireworks on July 4, 1970. On motion made by Mr. Pizzagalli and seconded by Mr. Premo, the Board approved the request with the following conditions: 1. That the applicant is to inform itself of all pertinent regulations respecting such display as the State Fire Marshall may have promulgated; 2. That such display shall be handled by a competent operator with adequate precaution against hazard to persons and property; 3. That the applicant shall carry public liability insurance covering this activity. This permit may be revoked upon failure of the applicant to furnish satisfactory evidence of its intention and ability to comply with these conditions, upon request of the Town Manager prior to the date of the display, and by accepting this permit and acting hereunder, the Burlington Tennis Club shall be deemed to have agreed to reimburse the Town of South Burlington for the cost of any firefighting equipment called in from South Burlington as a result of any fire emergency created by this display. The meeting adjourned at 11:30 P.M. Approved James C. Pizzagalli Clerk of the Board Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.