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HomeMy WebLinkAboutMinutes - City Council - 09/14/1970BOARD OF SELECTMEN MEETING SEPTEMBER 14, 1970 The South Burlington Board of Selectmen held a regular meeting at the Middle School Library, Dorset Street, South Burlington, Vermont, on Monday, September 14, 1970, at 7:30 P.M. Mr. Behney, Chairman, called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Frederick G. Blais, and James C. Pizzagalli. MEMBERS ABSENT Gregory L. Premo and Raymond E. Stearns. OTHERS PRESENT Robert M. Janes, Town Manager; Town Engineer Szymanski, Highway Department Foreman Albert Audette; Code Officer Ward; Fire Chief Monell, Free Press Reporter Eric Loring, Town Attorney John T. Ewing, Town Government Committee Chairman Wayne Jameson, Mr. Jere Meserole, Robert J. Methot, Mr. and Mrs. H. Mishkit, Mr. and Mrs. W. R. Carlin, Mr. and Mrs. Vincent E. Devlin, Doris Hawley, Charlotte Marsh, Jean Hildick, Dorothy Guilford, Patricia Fastiggi, Nan Frymoyer, Frank McCaffrey, and several other area residents. Chairman Behney apologized for the absence of Mr. Stearns and Mr. Premo, saying that they were both out of town. READING OF THE MINUTES OF THE AUGUST 31, 1970, MEETING On a motion made by Mr. Pizzagalli, seconded by Mr. Blais, and unanimously passed, the minutes of the meeting of August 31, 1970, were approved as read. SIGN DISBURSEMENT ORDERS Chairman Behney noted that the orders were on the table for the men to sign when convenient. MERLIN, INC., - TOWN ATTORNEY'S LETTER OF OPINION Chairman Behney read from a letter received from the Town Attorney in regard to Merlin, Incorporated's proposal for drainage of property on Dorset Street, in which the Town Attorney stated that the Selectmen would not be authorized to enter into the arrangement as proposed. Mr. Robert Methot, speaking for Merlin, Inc., then outlined a new plan for draining the property, all costs to be borne by the developer. Town Engineer Szymanski said he had studied the plan, and approved it. Chairman Behney asked Mr. Szymanski to so advise the Planning Commission, and said we shall inform the Commission that it is satisfactory with the Board of Selectmen. ZONING VIOLATION ON MILLHAM COURT Chairman Behney read parts of a letter of complaint dated September 14, 1970, and signed by Mr. and Mrs. Devlin, Mr. and Mrs. Carlin, Mr. and Mrs. Mishkit, and Doris Hawley. The letter petitioned the Board of Selectmen to instruct the proper person, or agency, to notify Mr. and Mrs. George Mathon of 25 Millham Court that they must cease operations ("The Millham Motor Court") at once. The letter is filed with and made a part of these minutes. Code Officer Ward explained that although the property is located in a business zone, there were many zoning violations in the operation - parking, health hazards, insufficient square footage, fire safety precautions, etc. Neighbors present said the value of their property was being depreciated that the area has deteriorated into a most undesireable neighborhood. ZONING VIOLATION ON MILLHAM COURT, CONTINUED There was a general discussion on rezoning the area as the two streets affected (Clinton and Millham) were of a strictly residential nature. Code Officer Ward asked the Board to table any action as he had asked Health Officer Gluck to inspect the property, and he felt that Doctor Gluck's report should be considered. The Board agreed to table action until after Doctor Gluck's inspection. Selectman Blais told the petitioners that he would ask for weekly reports on the progress of the situation. FIRE DEPARTMENT NOTE The Selectmen signed a renewal note in anticipation of the sale of the Fire Department bond issue. CHAMPLAIN WATER DISTRICT AGREEMENT Town Manager Janes read a letter from the Town Attorney, which stated that the Champlain Water District Agreement had been reviewed, and his opinion was that it was in proper form. The Selectmen then signed the agreement. RESOLUTION ON VOLUNTARY "NO BURNING" As approved at the meeting of August 31, 1970, the Selectmen formally adopted the following resolution: RESOLUTION OF THE SOUTH BURLINGTON BOARD OF SELECTMEN ESTABLISHING A VOLUNTARY BAN ON BURNING OF TRASH AND REFUSE WHEREAS, The South Burlington Board of Selectmen recognizes the great need which exists to protect our atmosphere and to limit the quantity of air pollutants discharged into it, and RESOLUTION ON VOLUNTARY "NO BURNING", CONTINUED WHEREAS, the Board of Selectmen has found that the burning of trash and refuse can result in the discharge of such harmful pollutants, the emission of noxious odors, and the transmission of ashed, partially burned refuse, and other undesirable matter into our atmosphere and, in some instances, onto property owned by others, and WHEREAS, the Board of Selectmen believes strongly in the concept of voluntary cooperation among the citizens of the Town, preferring such cooperation to the enactment of Ordinances which are frequently difficult to administer and always costly to enforce, NOW THEREFORE, BE IT RESOLVED: 1. That the South Burlington Board of Selectmen hereby calls upon the residents of the Town to discontinue the burning of trash and refuse, and 2. That copies of this Resolution be made available for public distribution within the Town, and 3. That the Fire Chief, as a part of the Fire Department's public information program, make every effort to inform citizens of the provisions of this Resolution. Approved: September 14, 1970 A TRUE COPY ATTEST James C. Pizzagalli, Clerk PROPOSED ORDINANCE FOR THE CONTROL AND PREVENTION OF FIRES Chief Monell was present for this discussion of the proposed ordinance, and explained the procedure of issuing permits for open burning. It was suggested that the Police, Fire, and Street department personnel be alerted to spot violations of the residential burning ordinance and report them to the Chief, who could then check on the parties involved. Selectman Pizzagalli suggested the following changes be made in the proposed ordinance: 1. Combine paragraphs A and B 2. To provide that the hours of burning be from 11 A.M. to 4 P.M. 3. To prohibit any burning on Sundays. PROPOSED ORDINANCE FOR THE CONTROL AND PREVENTION OF FIRES, CONTINUED Chairman Behney recommended that the ordinance be sent to the Town Attorney for revision, and brought before the Board next week for a first reading. ACTION TO LOWER SPEED LIMIT ON SHELBURNE ROAD FROM THE SHELBURNE LINE TO IMPERIAL DRIVE TO 35 MPH Chairman Behney said this was brought before the Board because of the growth (business) on Shelburne Road, which necessitates more driveway cuts. Selectman Blais suggested the Board request a recommendation from the Police Department. Mr. Pizzagalli made a motion that the Selectmen request the Vermont Highway Department to lower the speed limit on Shelburne Road from Imperial Drive southerly to the South Burlington Town line to 35 MPH. Motion seconded by Mr. Blais, and passed unanimously. ENTRANCE TO MILLBROOK BREAD BUILDING Chairman Behney noted that the location of a driveway on the Millbrook Bread building property constituted a traffic hazard to motorists attempting to enter Bartlett's Bay Road from Shelburne Road. Mr. Blais made a motion to refer the matter to the Planning Commission for a recommendation of how to eliminate the problem caused by the southerly entrance to the Millbrook Bread building. Mr. Pizzagalli seconded the motion which passed unanimously. TOWN GOVERNMENT COMMITTEE - CHARTER CHANGE Town Attorney Ewing was present to go over the proposed charter changes with the Selectmen, Wayne Jameson, and the others present. He noted a correction in two dates on the last page. CHARTER CHANGE, CONTINUED Mr. Jameson said the School Board had requested changes on the budget limitations in Chapter 13, Section 1309, wherein we simply relate to the previous year in figuring not operating budget and tax rate. Mr. Ewing said this was the only change of substance, and gave a timetable for warning, meetings, printing, etc., that should be met. At this point Selectman Pizzagalli brought up several items for change and discussion, among them the following. 1. That the Council appoint a member of the Planning Commission, or another person, as representative to the Regional Planning Commission. 2. That the Council have the power to adopt an official seal. 3. He agreed with Selectman Blais that voting hours should remain as they are now, from 7A.M. to 7P.M. 4. That the Charter set up guide lines for issuing notes up to 5 years for equipment with a limit of $20,000 for a single piece or $50,000 aggregate. (Town Attorney Ewing said he would discuss this with Mr. Peter Guiliani). 5. An error in section 1102A - conflict in the time budget is submitted and the Steering Committee considers it. (Mr. Ewing says this has been corrected). 6. Question on the School Charter - Mr. Ewing said nothing added since he felt changes would add nothing to the present state laws for school districts. 7. Clarification on the need for reappraisal. 8. Questioned the 24 hour notice for additions to the agenda. 9. Questioned the need to appoint fence viewers and fire wardens. 10. Questioned the need to elect three auditors. 11. Asked about clarification on method of adjusting penalty charges on delinquent taxes if penalty is charged due to an administrative or bookkeeping error. CHARTER CHANGE, CONTINUED Miss Marsh, Mrs. Hildick, Mr. McCaffrey, Mrs. Fastiggi, and others present expressed concern that the people would not have time to make any changes to the proposed charter. Chairman Behney said he felt the people should have a chance to be heard. The Selectmen and Mr. Jameson agreed, and it was decided to hold a public meeting on Monday, September 21, 1970, in the Middle School so the voters would have a chance to go over the proposed charter before the final printing and warning, and make any changes deemed necessary at that time. COMPLIMENTARY LETTER - POLICE DEPARTMENT Chairman Behney read a letter from Colonel Joseph L. Reagan of the New Hampshire State Police, in which Colonel Reagan commended personnel of the South Burlington Police Department on their fine work in a recent case. Selectman Pizzagalli made a motion that copies of the letter be placed in the personnel jackets of the men concerned. Mr. Blais seconded the motion which passed unanimously. CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION Chairman Behney pointed out that the Regional Planning Commission still holds its regular meetings on Monday nights although we had been advised that they would change the night of the meetings so that the South Burlington Board of Selectmen would be able to attend. Mr. Janes was instructed to forward a letter to the Commission regarding the meeting night, and also to write to the South Burlington representative on the Commission, Mr. William D. Kellner, suggesting that Mr. Kellner plan to report to the Board at the second regular scheduled monthly meetings on Regional Planning Commission activities. TOWN MANAGER'S PLAN TO ORGANIZE THE POSITION OF SUPERINTENDENT OF SOUTH BURLINGTON'S DEPARTMENT OF PUBLIC WORKS Town Manager Janes recapped the steps leading up to tonight's presentation, and went over three highway department organization charts: 1. The first chart shows the present organizational set-up. 2. The second chart shows the formal organizational set-up as designated in the town's Personnel Rules and Regulations. 3. The third chart shows the set-up as formulated by Mr. Janes and amended to abolish the work of planner. Mr. Janes then read a draft of the "Purpose of the South Burlington Department of Public Works" in full, and the first paragraph of the job descriptions of the positions of Superintendent of the Department of Public Works and Town Engineer. He also reviewed his proposal to finance the salary of a Superintendent of the Department of Public Works within the 70-71 budget. Copies of the afore mentioned articles are filed with and made a part of these minutes. Selectman Blais asked how Mr. Janes could justify the establishment of a new position in the department. Mr. Janes said that based on his six months experience his ability to serve the Board in this area of Public Works would be strengthened through the reorganization. Chairman Behney asked the Town Engineer to give his views on the reorganization plan as presented. Mr. Szymanski questioned the need of 2 supervisors for only 6 working men. He said he would like to see Mr. Audette assume all the field work in the department, and in addition, would like to have 2 men raised to positions as leaders of each of 2 crews. TOWN MANAGER'S PLAN TO ORGANIZE THE POSITION OF SUPERINTENDENT OF SOUTH BURLINGTON'S DEPARTMENT OF PUBLIC WORKS, CONTINUED Mr. Szymanski also questioned funding the new position, and said he would like to see more working men in the department instead of a man in a supervisory position. Mr. Janes said the Superintendent would be a working superintendent, out in the field with the men. He said he felt that with a working Superintendent, a working foreman, and new equipment, we should be able to survive this winter, and that he has always felt we need two men in the landfill, and possibly extra equipment. Mr. Audette asked about the extra workman being hired who had been figured in this year's budget. Mr. Pizzagalli said that if an additional man was approved at budget time he should be hired. Town Manager Janes said he was sure that through economies and transfers the town could finance the salary of both a superintendent and a maintenance patrolman. Mr. Szymanski pointed out areas in the current budget which he felt would be over expended, and again questioned where the money would come from to pay for the new men. Mr. Janes said again that through economies and transfers this could be done, and pointed out that Mr. Szymanski would be able to devote all his time to engineering work once the new position is created. There was a general discussion on all aspects of a reorganization of the Public Works Department, and Mr. Pizzagalli said he was in favor of the concept as presented, but would like to give it a little more study. He then made a motion to table any action until next Monday, September 21, 1970. Mr. Blais seconded the motion which passed unanimously. ZONING OFFICERS REQUEST FOR AN ELECTRICAL INSPECTOR Code Officer Ward said he felt that the town needed to hire an electrical inspector, and said if we had one and used a fee system the operation would be self-sustaining. Selectman Pizzagalli said there was a new state law regarding electrical inspections and possibly the state had an inspector. In any event he thought the matter should be tabled until the Code Officer had the opportunity to check with the state on the new law and whether or not the state had an inspector. Chairman Behney and the other Selectmen agreed to tabling the item until the first scheduled meeting in October. CENTRAL SCHOOL DISCUSSION AND ACTION Chairman Behney read a portion of a letter from Selectman Stearns, the Board's liason man with the School Board, in regard to the leasing of Central School. The letter is filed with and made a part of these minutes. Selectman Blais made a motion to advise the School Board of our decision to take the Central School building as soon as possible for town office purposes. Mr. Pizzagalli seconded the motion which passed unanimously. The Selectmen agreed to table the items that had not been considered until the next meeting, among them the Manager's report on Phase IV sewer project and Route 7 expansion, the obtaining of the Pettingill easement, the repair of the traffic lights discussion, etc. Mr. Pizzagalli made a motion to adjourn the meeting at 11:30 P.M. Mr. Blais seconded the motion which passed unanimously. Approved. James C. Pizzagalli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.