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HomeMy WebLinkAboutMinutes - City Council - 08/05/1970BOARD OF SELECTMEN MEETING AUGUST 5, 1970 (Adjourned meeting of Aug. 3, 1970) The South Burlington Board of Selectmen held an adjourned meeting of its August 3, 1970 regular meeting at 7:30 P.M., August 5, 1970, at the Middle School, Dorset Street, South Burlington, Vermont. Chairman Behney called the meeting to order. MEMBERS PRESENT Chairman Charles H. Behney, Gregory L. Premo, Frederick G. Blais, and James C. Pizzagalli. ABSENT were Selectman Stearns, and Town Manager Robert M. Janes. OTHERS PRESENT Mr. Wayne Jameson and Mrs. Dorothy Guilford of the Town Government Committee, John Ewing, Esquire, George Lambert and Charlotte C. Marsh. PHASE IV SEWER PROGRAM Chairman Behney announced that he had been advised by the Vermont Congressional delegation that South Burlington had been awarded a Federal Grant for sewer construction. CONSIDERATION OF PROPOSED AMENDMENTS TO TOWN CHARTER (all references to sections are to the existing town charter; references to questions refer to the report of the Town Government Committee). Appointment of representative to Regional Planning Commission, Sec. 701 (d): After discussion, it was decided that the representative to the Regional Planning Commission should be appointed by the Board of Selectmen and that the representative should report to the Board from time- to-time. This will be incorporated into the new charter. Appointments (Question #10): After discussion, it was decided that all appointments would be duly warned 15 days in advance. It was decided that no mention be made in the charter of soliciting resumes and requiring personal appearances when appointments were to be made, but that this point would be left to each Board to adopt as a matter of policy. CONSIDERATION OF PROPOSED AMENDMENTS TO TOWN CHARTER, CONTINUED With respect to the removal of members of boards, committees and commissions: It was decided that the council should be given the power to remove members from appointed boards after due consideration and review of performance. The Board did not feel that a public hearing was necessary. Attorney Ewing's general comments concerning town charter: Attorney Ewing informed the Board that, as a general rule, the general law of the state applies, except in those instances where a different law is specified by charter. The charter would take precedence inasmuch as it has the power of law, having been approved by the Legislature. Mr. Ewing outlined the various methods available of amending the existing charter, and he informed the Board that, in his opinion, the different propositions should be submitted as separate questions and then a bill should be introduced in the Vermont General Assembly to ratify the changes. School District Charter (Question #8): Attorney Ewing informed the Board that the School District would remain as a separate municipality and that the School District, by itself, would have the power to ask the voters to approve a budget which exceeded the amount which would result from the application of the formula provided in the charter amendment. Call of meetings of the Board (Question #10): It was decided that the formal procedure dealing with the preparation and publication of agendas would apply only to regular meetings and that the Chairman of the Board would still have the power to call special meetings on short notice. However, even in the case of special meetings, on the suggestion of Free Press reporter Lambert, it was decided that the press should be notified. Mr. Jameson pointed out that, even though the Board has regular meetings only every other week, in fact, it meets just about every week. Therefore, he was of the opinion that every weekly meeting should be considered a regular meeting and that only other meetings held between the regular meetings should be considered special meetings. Mr. Blais agreed with Mr. Jameson and there was general consensus among other members of the Board. Emergency appropriations. Sec. 504: Discussion between Mr. Ewing and Mr. Pizzagalli pointed out various ambiguities and problems in the section of the existing charter dealing with emergency appropriations, and Mr. Ewing said that he would make changes to that section in order to eliminate the ambiguities and simplify the procedure to be followed. Water Department, Question #9: Mr. Ewing informed the Board that, although a number of the functions of the Water Department would be integrated with those of the town, the Water Department, itself, would remain as a separate municipality under its enabling statute. CONSIDERATION OF PROPOSED AMENDMENTS TO TOWN CHARTER, CONTINUED Power of Board to issue notes for more than one year: Mr. Ewing informed the Board that it was the current practice among most towns to issue notes for equipment and similar items of a capital nature on a one year basis with the note being renewed at the end of the period until it is fully paid. Technically, this is a poor procedure, and he suggested that it might be advisable to give the Board more power in this area. After considerable discussion, it was decided that Mr. Ewing should consider the feasibility of incorporating a provision which would authorize the Board to issue notes of up to five years, not exceeding $20,000.00 in any one instance and not exceeding $50,000.00 in the aggregate for any fiscal year. Steering Committee, Question #4: After being questioned by Mr. Premo, Mr. Ewing informed the Board that the Steering Committee would have no absolute power in and of itself and would function merely in an advisory capacity. General discussion concerning town form government vs. city form: Mr. Ewing informed the Board that, in his opinion, there were no significant disadvantages on being a city instead of a town. In fact, as he pointed out, the Vermont statutes, generally speaking, use the term "city" and "town" interchangeably. Adoption of official seal: The Board discussed the desirability or providing for the adoption of an official seal for the Town of South Burlington, and it was decided that Mr. Ewing should insert a provision authorizing the Board to provide for a seal which would be the official seal of the town (or city) of South Burlington, Vermont. Planning Commission, Sec. 701: It was decided that the new charter should provide for the Chairman of the Board of Selectmen having a vote on the Planning Commission and that, furthermore, the Chairman of the Board could, if he so desired, designate another member of the Board of Selectmen to attend meetings of the Planning Commission in his place and to have full powers of other members of the Planning Commission, including the right to vote. There was discussion concerning whether the Planning Commission section of the town charter should be changed to conform with the new Vermont Planning and Development Act, but Attorney Ewing informed the Board that the present charter provision, except for the section which refers to a particular chapter in Vermont Statutes Annotated, is adequate and that no changes need be made except to change the reference. Clarification of Sections 1104, 1106, and 1107: The Board discussed certain ambiguities between the sections, and Attorney Ewing agreed that the language would be modified to improve the clarity. Town Treasurer: Mr. Pizzagalli suggested that the Town Treasurer should be a member of the classified service of the town and should report to the Town Manager, but after considerable discussion, it was agreed that for the time being, since the Town Treasurer and Town Clerk positions are filled by one person, the Town Treasurer should be appointed by the Board of Selectmen and not be a member of the classified service. Reporting of 2% excess appropriations: Since Town Meeting will no longer be held if these amendments are adopted, it was agreed that any excess appropriations should be reported in the Town Report. Timetable for future action: Mr. Ewing will work on the draft of the amendments for two weeks and then submit the proposed amendments to the Board of Selectmen for their approval. Mr. Jameson noted that he would then like to schedule two informal hearings to solicit ideas from interested townspeople while there was still enough time to make amendments before the formal hearings. Property tax penalty, Sec. 1303: Mr. Pizzagalli pointed out that, in many cases, it was unfair to impose the 8% penalty on the first payment due July 15, since the tax bills do not arrive until late June or early July, and there is very little time for corporations and other large taxpayers to process the bills before the due date. It was also pointed out, that in many instances, changes are required to the bills, and the short period of time is not sufficient to make these changes. There was discussion of not imposing the penalty until July 30, but the consensus was that if this procedure were followed, people would not pay their tax until July 30, and the town would be short of funds and have to increase its bank borrowing. Therefore, it was decided that the penalty should be imposed as of July 15, but that the Town Manager should be authorized and empowered to waive the penalty in those instances where payment by that date was excused for good cause. The new charter is also to provide in this respect that the Town Manager report to the Board from time-to-time as to those penalties which were waived. Motion of approval: On motion by Mr. Blais and seconded by Mr. Pizzagalli, the Board voted unanimously to accept the report of the Town Government Committee and pass the report, along with the Boards' comments, to the Town Attorney for preparation of a final draft to be submitted to another meeting of the Board of Selectmen in two weeks for the Board's final approval. Comment of appreciation to Mr. Jameson: Mr. Blais, with the concurrence of the other members of the Board, expressed his thanks to Mr. Jameson and to all the other members of the Town Government Committee for the hard work that they had done, for their time expended, and for their significant accomplishment in preparing the report. MOHAWK AIRLINES Mr. Pizzagalli suggested that a letter should be written to Mr. O'Leary, Vice President of Mohawk Airlines, thanking him for his interest in the noise problem at Burlington International Airport and expressing the Board's thanks for steps which Mohawk has taken in an attempt to reduce the noise at the airport. Mr. Behney said that he would write a letter thanking Mohawk for its interest and immediate and positive actions taken. UNIVERSITY OF VERMONT: ZONING AND PLANNING Mr. Blais pointed out that the University of Vermont has in the past apparently neglected to appear before the Zoning Board of Adjustment, the Planning Commission, or the Board of Selectmen to review its development plans for those portions of its property which are within the limits of the Town of South Burlington. Mr. Ewing pointed out that unless the University is specifically exempt by a state statute because of its being a state institution, it should comply with Town ordinances and regulations. The Board decided that Town Manager Janes should discuss the matter with Procter Lovell, Business Manager for the University, and that Mr. Janes should report to the Board on the results of his meeting with Mr. Lovell at a future meeting of the Board. There being no further business to properly come before the Board, on motion by Mr. Blais and seconded by Mr. Pizzagalli, the Board unanimously voted to adjourn at 9:45 P.M. Approved James C. 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