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HomeMy WebLinkAboutMinutes - City Council - 09/28/1970BOARD OF SELECTMEN MEETING SEPTEMBER 28, 1970 The South Burlington Board of Selectmen held a public meeting at the Middle School Library, Dorset Street, South Burlington, Vermont on Monday, September 28, 1970 at 7:30 P.M. Charles H. Behney, Chairman called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Frederick G. Blais, James C. Pizzagalli, Gregory L. Premo and Raymond E. Stearns. OTHERS PRESENT Robert M. Janes, Town Manager; Wayne W. Jameson, Chairman of the Town Government Committee; John T. Ewing, Town Attorney; Dorothy Guilford, Secretary of the Town Government Committee; Richard Ward, Zoning Administrator; William Szymanski, Town Engineer; Robert Ray, Brewer Motors; R. J. Methot, Pizzagalli Construction Company; William D. Emberley and Robert Slayton, Webster-Martin; Miss Charlotte Marsh, Eric Loring, Mrs. Richard Fastiggi, Mrs. Robert Larson, Mrs. John Frymoyer, Mrs. Marjorie Hill, P. C. McCaffrey, George Brady, Mrs. Amy Bond, Albert Audette, James Lamphere and Frederick J. Fayette. The meeting opened with the salute to the flag. MINUTES OF SEPTEMBER 14, 1970, MEETING On a motion made by Mr. Blais, seconded by Mr. Stearns, and unanimously passed, the minutes of the meeting of September 14, 1970, were approved with Mr. Premoabstaining. MINUTES OF SEPTEMBER 21, 1970, MEETING On a motion made by Mr. Blais, seconded by Mr. Pizzagalli, and unanimously passed, the minutes of the meeting of September 21, 1970 were approved. SIGN DISBURSEMENT ORDERS Chairman Eehney noted that the orders were on the table for the men to sign when convenient. TOWN GOVERNMENT COMMITTEE'S PROPOSED CHARTER REVISIONS Chairman Behney stated that as a result of last week's public meeting on the proposed charter, various changes had been made. Chairman Behney then read the amendments and the following additional changes were agreed upon: Mr. Pizzagalli felt that the following change should be made to page 5, Section 303 02 of the original charter: "the agenda shall be posted in at least three public places in the city, and shall be released to the local news media, at least 24 hours prior to the time of the meeting." Mr. Fayette commented that the change to Section 1101, page 12, of the original charter, which provides for the entire Council and School Board being on the Committee, makes for a stronger Steering Committee. There was much discussion about Section 1309 (5), page 3 of the amendments with Mr. Jameson pointing out several times that this addition is only for the purpose of determining 10% allowable increase. Mr. Fayette questioned the importance of new Section 1309 (5). Mr. Jameson stated that the amendment is essential since it prevents over-budgeting, and he also stated that the Town Government Committee intended that this paragraph would solve the problem of over-budgeting. Mr. Janes' suggestion to change the sixth word in the sentence from "funds" to "appropriations" was adopted. Miss Marsh asked if the vote could be postponed until everything is ironed out. Mr. Janes said that within the course of public hearing, if something is brought out that might cause a tremendous problem, voters would vote against adoption. Mr. Fayette added that there would be another opportunity to change the charter when it comes before the Legislature. Mr. Stearns made a motion to adopt the recommended amendments to the charter, with the above changes to page 3, Section 1309 (5) and page 5, Section 303 C2. Mr. Blais seconded the motion, and it passed unanimously. Mr. Blais made the motion to adopt the charter with the additional amendments of September 28, 1970, seconded by Mr. Stearns, passed unanimously. Mr. Blais made the motion to adopt the proposed charter as presented and duly warn it for the November 3, 1970, election. Seconded by Mr. Stearns, passed unanimously. Chairman Behney then read the warning for the charter. Mr. Blais moved to adopt the two articles. Mr. Premo seconded and it passed unanimously. Mr. Jameson said that, at the suggestion of the Town Government Committee, the Selectmen should hold a public hearing October 22, on the Town Government Committee's proposed Charter. Mr. Ward noted that was the date of the regularly scheduled meeting for the Planning Commission. Chairman Behney suggested Thursday, October 29, at 7:30 at the South Burlington High School auditorium, for the Selectmen's public hearing and all agreed. Mr. Jameson indicated that the warning would be distributed to the citizens of the Town in approximately two weeks. ORDINANCE FOR THE CONTROL AND PREVENTION OF FIRES Chairman Behney pointed out two changes since the last review – Section 9 (a) and Section 10. Mr. Blais moved that the reading of the ordinance be waived. Mr. Pizzagalli seconded the motion, and it passed unanimously. Mr. Premo moved that the ordinance be approved on first reading and Mr. Stearns seconded. It was passed unanimously. SECOND READING FAYETTE ZONE CHANGE REQUEST Mr. Pizzagalli announced that he would not take part in the consideration or disposition of this matter and that he would speak on behalf of Pizzagalli Construction Company. Mr. Methot of the Pizzagalli Construction Company presented plans for landscaping which included cedar trees which Mr. George Brady suggested should be 4 - 5 feet high; aluminum poles for lighting, 30 foot two-way driveway, minimum of eleven cars in front of building. Chairman Behney inquired about the storage of damaged cars, etc. Mr. Robert Ray of Brewer Motors assured the Board that Brewer Motors does not have a body shop and therefore, there would not be any display of damaged vehicles. Mrs. Dorothy Guilford submitted photographs of automobile dealerships along Shelburne Road which she considers to be "eye sores". Mr. Blais said that the plan presented by Mr. Methot was the best approach that he had seen. Mr. Fayette gave several reasons why he approved the plan including the fact that the dealership will be near his own home. He also stated that the building will have an effect on the sale of the remainder of his property. Mr. Fayette further stated that he had owned the property for better than 30 years and was not anxious to sell it to just anyone. Mr. Szymanski reviewed the drainage plan with Mr. Methot and indicated his approval. The Selectmen recessed briefly to discuss the plan among themselves. Mr. Methot will prepare a sewer easement. Mr. Behney listed the following stipulations and said that all has been met: 1. Voluntary 75 foot setback with green area in front. 2. Only 11 cars will be parked along front line. 3. Landscaping to be in accordance with plan presented to meeting. 4. 1 ½% of total construction cost will be set aside for permanent landscaping. 5. Adequate public parking. Mr. Behney said that he was concerned because other builders in the past had not followed through with their plans. Mr. Pizzagalli offered the record of the Pizzagalli Construction Company to back up his claims. Mr. Stearns moved that the ordinance be approved, changing the land from Business A to Business B and that the plan as submitted be used for construction and that furthermore the plan be approved by the Town Engineer and Zoning Administrator and that the 4 - 5 foot cedar trees be incorporated and that a minimum of 1 ½% be used for landscaping and that the necessary easement for sewer construction be granted. Mr. Premo seconded the motion and it was passed unanimously with Mr. Pizzagalli abstaining. A copy of the ordinance is typed on page 8 of these minutes. PHASE IV SEWER - PROGRESS Mr. Janes read a draft of a letter to Mr. LaRosa (copy attached to these minutes) and read reviews from W. J. Szymanski to Board of Selectmen (copy attached to these minutes) and Mr. Janes made his recommendations (copy attached to these minutes). Mr. Blais asked whether the changes Mr. Szymanski requested were major items. Mr. Szymanski replied that they were not. Mr. Janes stated that he requires from the Board authority to mail the letter to Mr. LaRosa. Mr. Blais moved that the Board accept plans. Mr. Stearns seconded the motion, and it passed unanimously with Mr. Pizzagalli abstaining. PHASE IV SEWER - PROGRESS, CONTINUED Mr. Blais showed concern about the fact that the Airport Parkway area sewer treatment plan is only a primary treatment. Mr. Emberley of Webster-Martin confirmed that wastes from the plant are going into the Winooski River and on into Lake Champlain. Mr. Blais volunteered that the cost of a secondary treatment plant would be approximately $250,000 with perhaps 75% state and federal aid and an implementation period of two years. Mr. Szymanski said that in his mind, Phase V had first priority. Mr. Slayton of Webster-Martin indicated that they needed 2-3 weeks to put together a review of future plans for the South Burlington sewer program. Mr. Pizzagalli suggested that Webster-Martin bring in its recommendations so that the Board could decide which way to go and establish priorities. All concurred. MANAGER'S PLAN RE: REORGANIZATION OF DEPARTMENT OF PUBLIC WORKS Mr. Janes presented his 5 point recommendation and the charts which he had used previously. Mr. Pizzagalli asked Mr. Szymanski if this might free him up to help Dr. Gluck on various health problems. Mr. Szymanski listed his priorities as: 1) locate sewer systems in the Orchard area and 2) highway network plan. However, he stated that he would be glad to assist the Health Officer when time permitted. Mr. Blais questioned Mr. Szymanski about any conflict between the Town Engineer and the new Superintendent. Mr. Szymanski said that he thinks there is more need for an Assistant Town Manager than a full-time Town Engineer. Mr. Janes disagreed. Mr. Stearns asked who would handle maintenance of Town property. Mr. Janes said that is one of the duties of the Highway Maintenance Foreman. Mr. Pizzagalli pointed out that the Department of Public Works would take care of all construction and maintenance. Mr. Pizzagalli then moved that the Town Manager's recommendation of September 28 be adopted with the Supt. to be paid in grade 17. Reference is made to reorganization plan presented to previous meetings. Insofar as the plan affects the Water Department, it is to be implemented only after the charter is approved. RECOMMENDATION FROM PLANNING COMMISSION REGARDING SUBDIVISION REGULATIONS AND ZONING ORDINANCE. Mr. Behney explained that this item had been omitted from the agenda. Mr. Lamphere pointed out that a state grant for $2,000.00 had been omitted from the cost projections. Mr. Pizzagalli asked how Mr. Terrance Boyle was selected. Mr. Lamphere said that Mr. Boule has worked very closely with us and that is the reason that he was chosen over others. Mr. Pizzagalli suggested that Mr. Boule or whoever the Planning Commission recommends, appear before the Board with a resume. All agreed. Mr. Janes asked about their timetable and Mr. Lamphere said that they must get back with the State before they know. Mr. Janes requested that he be allowed to go to Montpelier at the same time, and Mr. Lamphere agreed. Mr. Premo suggested adding the Board of Selectmen to the list of boards to be consulted by the consultant who writes the zoning Ordinance and subdivision regulations. Mr. Blais moved that the Board approve the general concept proposed by the Planning Commission of hiring a planning consultant to work with town officials in writing a new zoning ordinance and subdivision regulations. Mr. Stearns seconded, and it passed unanimously. TOWN MANAGER'S RECOMMENDATION ON FIRE HOUSE Mr. Janes reviewed what had been done so far and recommended to the Board that they approve the three changes as requested. (Hose dryer, relocation of water service valve and heating system). Changes will cost $1,015.00. Mr. Janes also requested that Wright and Morrissey be allowed to reorder a heating system. Chairman Behney recommended that Mr. Blais and Mr. Premo meet with Mr. Ewing and Contractor and report back at the next meeting on the status of the heating system and other change orders. Mr. Szymanski requested that they be allowed to repave the sidewalk on Hinesburg Road on contract and include it with fire station bids. There were no objections. All Selectmen were in favor. CENTRAL SCHOOL Chairman Behney read in full a letter dated September 21, 1970 from Helen D. Paquin, Town Clerk & Treasurer, which outlined in detail objections to moving the town offices from the Dorset Street facilities to the Central School Building on Williston Road. The letter is filed with and made a part of these minutes. FAYETTE ORDINANCE, CONTINUED FROM PAGE 5 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 BUSINESS DISTRICT B. The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinance 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 to Business District B. FAYETTE ORDINANCE, CONTINUED A parcel of land, owned by Fayetteco, Inc. situated on the westerly side of Shelburne Road. Beginning at a point in a westerly line of Shelburne Road which point marks the northeasterly corner of the property here involved, thence proceeding southerly in the westerly line of Shelburne Road a distance of 250 feet to a point, thence westerly in the line forming an inside angle of 90º a distance of 600 feet to a point, thence northerly in a line forming an inside angle of 90º a distance of 580 feet to a point in the southerly line of the Merrihew property, so called, thence easterly along a southerly line of said Merrihew property a distance of 204 feet to a point which is the northwesterly corner of the cemetery, thence southerly along the westerly line of said cemetery a distance of 181.2 feet to a point marking southwesterly corner of said cemetery, thence easterly along the southerly line of said cemetery a distance of 224.73 feet to a point which is also the northwesterly corner of the Animal Hospital property, thence southerly along westerly line of said Animal Hospital property a distance of 150 feet to a point which is the southwesterly corner of said Animal Hospital property, thence easterly along the southerly line of said Animal Hospital property a distance of 165 feet to the point of beginning. Section 2. This ordinance shall take effect from its passage. Approved Signed by all of the Selectmen At 11:40 P.M., Mr. Blais made the motion to adjourn, Mr. Stearns seconded, and it passed unanimously. Approved James C. Pizzagalli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.