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Minutes - City Council - 04/05/1971
SOUTH BURLINGTON CITY COUNCIL MEETING APRIL 5, 1971 The South Burlington City Council held a regular meeting in the Middle School Library, Dorset Street, South Burlington, Vermont on Monday, April 5, 1971 at 7:30 P.M. As Chairman Behney was unable to be present for the start of the meeting, Vice-Chairman Stearns opened the meeting with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Charles H. Behney, Chairman; Gregory L. Premo, Raymond E. Stearns, and Frederick G. Blais. MEMBERS ABSENT None OTHERS PRESENT Robert M. Janes, City Manager; City Engineer Szymanski, Charlotte C. Marsh, Roderick Fisher, Maurice F. Senesac, Richmond Hopkins, Richard Underwood, Arthur W. Bradshaw, Jay W. Hawthorne, Henry Caswell, Jr., Charles Dunn, Zoning Administrator Ward, Mr. C. L. Morris, Jr. and Roger P. Willard. Free Press Reporter Eric Loring and Catherine Hayden, Secretary were also present. On motion duly made, seconded, and so passed, two items were added to the agenda, one, Discussion of Green-Up Day, and two, Legal Opinion on adjourning the Public Budget Hearing. Mr. Premo's request to add an item on the TOPICS program to the agenda was made an addition to the traffic item under Agenda Item 6 - Progress Reports. READING OF THE MINUTES OF THE MARCH 22, 1971, MEETING On motion made by Mr. Blais, seconded by Mr. Premo, and passed unanimously, the minutes of the meeting of March 22, 1971 were accepted as read. DISBURSEMENT ORDERS TO BE SIGNED Vice Chairman Stearns noted that the orders were on the table to be signed before adjournment. REPORTS FROM THE PRINCIPALS CONCERNED WITH THE CITY'S REAPPRAISAL PROGRAM Vice Chairman Stearns began the discussion on this item, but relinquished the chair to Chairman Behney who arrived shortly after the discussion started. City Manager Janes introduced Mr. Jay Hawthorne of Archibald & Hawthorne, appraisers for the residential property, Mr. Arthur Bradshaw of the Vermont State Office, commercial property appraiser, Mr. Richard Underwood, South Burlington's Assistant Assessor, and Mr. Morris and Mr. Willard from the Data Processing firm. Mr. Hawthorne reported that the residential properties should be completed and ready for printing and distribution to the property owners by May 11, 1971, in time for them to be reviewed before the meeting of May 18, 1971. He described how the material would be presented, as follows: A B C D OWNER LOCATION 1970 1971 1970 TAX 1970 TAX IF NEW APPRAISAL APPRAISAL ASSESSED APPRAISAL HAD BEEN IN EFFECT Mr. Bradshaw reported that the state would not be able to complete its reappraisal of the commercial properties in time to print and distribute a list to the voters, but that the work would be completed before May 18th, and commercial property owners could call the office for information about the new appraisal. REPORTS ON REAPPRAISAL PROGRAM, CONTINUED Assistant Assessor Underwood reported that he and the clerical help were working some overtime in order to keep up with the appraisers. Mr. Henry Caswell of the South Burlington School Board, expressed his surprise that all of the reappraisal wasn't completed, and was told that it did not have to be completed until some time in June according to State Statutes. Mr. Caswell then mentioned that the lists would be ready for the proposed recessed Public Budget Hearing and was informed that the City Attorney has ruled that the Public Budget Hearing cannot be recessed, but must be held as advertised. Mr. Caswell again reiterated that his belief was that the reappraisal would be completed as early as January 1. Councilman Blais said he was very disappointed that the mailing of the list of appraisals was going to be so late, and wondered if the appraisers would work nights and week-ends in an effort to hasten completion. Mr. Hawthorne and Mr. Bradshaw both stated they were doing the best that could be done in order to do a good job, and get the work out, and City Manager Janes emphasized that a quality job should be done and was expected. Mr. Behney again told Mr. Caswell that South Burlington's Grand List figure did not have to be done until June 1, 1971 according to the Statutes. Councilman Blais wondered if there was any assistance that could be given in order to speed things up, and was told by Mr. Hawthorne and Mr. Bradshaw that the City's clerical help was doing all that was possible to help. REPORTS ON REAPPRAISAL PROGRAM, CONTINUED Mr. Blais made a motion that the residential reappraisal list be printed with due haste, and the commercial reappraisal list printed at the earliest opportunity. The motion was seconded by Mr. Premo. There then was a considerable amount of discussion on the effect the reappraisal would have on individual taxpayer's accounts as well as its effect on the amount of State Aid that would be received by the school system. Chairman Behney called for a vote on the motion which passed unanimously. SET DATE FOR INFORMATIONAL HEARING Chairman Behney announced that the City Attorney has ruled that the Budget Hearing must be held on April 8, 1971 as advertised. We have discussed having an informational hearing after the 11th and prior to May 18, 1971. The Council agreed to plan on having an informational meeting on Monday, May 17, 1971, at 7:30 P.M. in the High School Auditorium to explain the budget after the property owners have had the opportunity to go over the new appraisal list. SNOW REMOVAL ORDINANCE - SECOND READING City Manager Janes read in full the Snow Removal Ordinance. Mr. Premo made a motion to approve the second reading. Mr. Blais seconded the motion which passed unanimously. The ordinance, as approved, is as follows: SNOW REMOVAL ORDINANCE - SECOND READING, CONTINUED O R D I N A N C E ORDINANCE TO PROHIBIT THE DEPOSITING OF ICE OR SNOW IN PUBLIC STREETS AND OTHER PUBLIC AREAS The Council of the City of South Burlington hereby ordains: Section 1. No person, by his own act, or through his agents or employees, shall throw, put, place, push, or otherwise deposit snow, or ice, in the following public areas without the written permission of the City Manager or his designated representatives: (a) On the paved or travelled portion of any public street. (b) On any city sidewalk. (c) Within 8 feet of any city fire hydrant. Section 2. In granting written permission under the previous section, the City Manager or his representatives may impose such restrictions as are necessary to protect the safety and welfare of the public, and such permission may be revoked at any time. Section 3. Any person who shall violate this Ordinance or the restrictions imposed by the written permission of the Manager or his agent shall, upon conviction, be fined not more than $100.00 for each offense, and each 24 hours continuance of such violation shall be deemed a separate offense. Section 4. This ordinance shall take effect from passage. Approved, April 5, 1971 s/ Charles H. Behney, Chairman Gregory L. Premo Raymond E. Stearns Frederick G. Blais SOUTH BURLINGTON CITY COUNCIL ORDINANCE TO CONTROL WEIGHT LIMITS ON CITY HIGHWAYS, SECOND READING City Manager Janes read in full the ordinance to Control Weight Limits on City Highways. Mr. Premo made a motion to approve this second reading. Seconded by Mr. Stearns and passed unanimously. The ordinance follows: ORDINANCE TO CONTROL WEIGHT LIMITS ON CITY HIGHWAYS, CONTINUED O R D I N A N C E ORDINANCE TO CONTROL WEIGHT LIMITS ON CITY HIGHWAYS The Council of the City of South Burlington hereby ordains: Section 1. Purpose. The purpose of this Ordinance is to provide for weight limit restrictions on all city highways and state aid highways within the limits of the City of South Burlington. Section 2. Findings. The Council of the City of South Burlington hereby finds that all city highways and state aid highways within the City of South Burlington are not adequate for weight in excess of 24,000 pounds. Section 3. A person or corporation shall not operate or cause to be operated a motor vehicle in excess of the total weight of 24,000 pounds, including vehicle, object or contrivance and load, upon any city street or highway and state aid highway within the City of South Burlington, in accordance with the provisions of Title 23 VSA Chapter 13. Section 4. The weight limits designated by this Ordinance shall be posted, in accordance with said Chapter. Section 5. This Ordinance shall take effect from passage. Approved April 5, 1971 s/ Charles H. Behney, Chairman Gregory L. Premo Raymond E. Stearns Frederick G. Blais VARIOUS DEPARTMENT REPORTS TO REVIEW City Manager Janes presented the department reports for the Council's review. The Deputy Tax Collector's reports of March 11 and 31, 1971 were discussed. The Councilmen agreed that under the new Charter the legal aspects of cancelling by journal entry some of the penalties on real estate and personal property taxes should be studied. City Manager Janes reminded the members the he was confident that our deputy collector is not lenient, and said he would withdraw the reports for reconsideration. It was also pointed out that there were letters explaining the delay in payment on file that would also be reviewed. The Police Chief's report was then considered, and Mr. Premo asked the City Manager to question the Chief as to the reason for the increases in Motor vehicle complaints, extra warnings, phone calls, juvenile complaints and others. He asked for a short synopsis from the Chief explaining the increases. PROGRESS REPORT - CENTRAL SCHOOL Councilman Blais reported that work was progressing slowly at the Central School building, the carpenter and painter are already at work, and he was anticipating that the City Manager and his secretary could be moved into the facility by May 1, 1971. CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION REQUEST FOR OFFICE SPACE IN CENTRAL SCHOOL Mr. Janes read a letter from the Chittenden County Regional Planning Commission, in which Mr. Arthur Hogan, Executive Director, requested the Council to consider renting the Commission office space in the Central School building, and then Mr. Janes recommended that the request be forwarded to the School Board to get its reaction. City Engineer Szymanski wondered if we would be getting a parking problem by increasing the number of persons using the building. Councilman Stearns felt the whole matter should be explored more in depth, noting that there were 13 communities under the Regional Planning Commission, and said that in any event, should the request be granted, a businesslike arrangement for using the space should be worked out. CENTRAL SCHOOL MOVE, CONTINUED Charlotte Marsh objected strenously to having the City Clerk and her staff housed in the "basement" of the Central School, mentioning the lack of adequate lighting, entrances, exits, and other inconveniences. Councilman Blais explained in detail to Miss Marsh the steps that are being taken in the conversion to offices and assured her that the facility would be in good taste, easily accessable for all, with a vault built to the proper specifications as to humidity control, and to the state laws on vaults for permanent records. REPORT ON THE FIRE HOUSE PLAQUE Mr. Blais said he has inspected the "rub" of the plaque and it will be completed and delivered in three weeks at the outside. REPORT ON PHASE IV SEWERING - CITY ENGINEER City Engineer Szymanski reported that Contract 1 of Phase IV Sewer Project was going very well, Contract 2 was scheduled to begin on Monday, April 12, 1971, and the question of one Railroad easement had to be resolved for Contract 3. REPORT ON SHELBURNE ROAD - FIFTH LANE - CITY ENGINEER Mr. Szymanski reported that he had met with state officials on Thursday, April 8, 1971, to discuss the construction of the fifth land on Shelburne Road. He said there were still phone cables to be moved, that the Goodrich firm will meet the May 1st deadline for its portion of the work, and that everything seemed to be on schedule. TOPICS - PLAN FOR CEMENT MEDIAN STRIP ON SHELBURNE AND WILLISTON ROADS Mr. Premo made a motion, seconded by Mr. Stearns, and passed unanimously, that the City Council pass the following resolution: TOPICS PLAN - RESOLUTION R E S O L U T I O N RESOLVED, That at this time the concrete meridian strip on Shelburne and Williston Roads in South Burlington, as being planned by TOPICS, is not in the best interest of South Burlington residential and commercial property owners. Approved April 5, 1971 SOUTH BURLINGTON CITY COUNCIL RED ROCKS PLANNING - RED ROCKS COMMITTEE MEETING City Manager Janes relayed an invitation to the Council to attend the Red Rocks' Committee Meeting to be held on Monday, April 12, 1971, at the Middle School. The Council seemed agreed that they would attend the meeting after a short City Council meeting to be held the same date. VEHICLE PROHIBITION BACK OF THE MIDDLE SCHOOL City Manager Janes reported that the Natural Resources Committee has suggested that we enforce all parking in the parking areas at the school facilities, and not in the Little League or ball park areas. Mr. Blais said he felt something would have to be passed at a regular meeting outlining the parking areas, with barriers erected, at which point our Police Department could enforce the regulation. GREEN-UP DAY Richard Ward, Co-Chairman of South Burlington's Green-Up Day/Committee asked the Council for permission to use town facilities, employees, and equipment for Green-Up day. He also outlined the plans for the project. GREEN-UP DAY, CONTINUED Mr. Blais made a motion to approve Mr. Ward's requests. The motion was seconded by Mr. Premo and passed unanimously. DEVELOPMENT OF RED ROCKS - RESOLUTION TO PLACE BOND ISSUE ON WARNING Chairman Behney opened a discussion on the plans for the development of the Red Rocks facility, and Mr. Stearns made a motion to approve the following resolution, which motion was seconded by Mr. Blais and passed unanimously. R E S O L U T I O N RESOLVED: That it is hereby determined that the public interest and necessity of the City of South Burlington demand the following improvement, namely: The development of City property known as Red Rocks, including the construction of recreational facilities, trails, landscaping, and all other site improvements and possible park expansion, at a total estimated cost of $250,000. And it is hereby further determined that the cost of said improvement will be too great to be paid out of the ordinary annual income and revenue of said City of South Burlington. FURTHER RESOLVED AND ORDERED: That the proposition of incurring a bonded debt in an amount not to exceed $25,000 to pay for the City's share of the cost of such public improvements shall be submitted to the qualified voters of said City at a meeting to be held for that purpose on Tuesday, May 18, 1971 at which meeting the polls will open at 7:00 o'clock in the forenoon and close at 7:00 o'clock in the afternoon. LIQUOR CONTROL BOARD At 9:55 P.M. Chairman Behney recessed the City Council Meeting and called to order a meeting of the South Burlington Liquor Control Board. The following Beverage License Renewal applications were reviewed, approved, and signed by the Councilmen: 1.Aunt Sara's Pancake House 6.Roostertail, Inc. 2.Olde Board Restaurant 7.Bib Ben Pizza Pub 3.Ramada Inn 8.Airport Grocery 4.Sheraton Motor Inn 9.Come and Shop, Inc. 5.Howard Johnson's Restaurant 10.Grand Union Stores, Inc. of Vt. 11.Gracey's LIQUOR CONTROL BOARD, CONTINUED Mr. Blais made a motion to adjourn the Liquor Control Board meeting at 10:10 P.M. The motion was seconded by Mr. Stearns and passed unanimously. REGULAR MEETING Chairman Behney reconvened the regular meeting at 10:10 P.M. PUBLIC BUDGET HEARING City Manager Janes asked the Councilmen if they wanted any particular items prepared for presentation to those in attendance at the Public Budget Hearing to be held April 8, 1971. Chairman Behney and the other Councilmen pointed out that there were yet many areas in question in regard to the proposed budget, questions concerning the sewer area charge, the net and gross operating expenses, the general tax for sewer construction and other questions that the men would need answers for the meeting. Mr. Janes was instructed to confer with the City Attorney for a legal opinion as to just what constitutes the operating expenses and the allowable deductions used to arrive at the proper figures to work with, and then to prepare a new cover sheet with the correct figures. He said this would be done and delivered to the men as soon as possible, so they could study it before the meeting. LIBRARY READING ROOM Chairman Behney reminded the men that the budget would be adopted at the meeting of April 12, 1971, and Mr. Blais asked about adding 1 cent to the tax rate to raise money to help with a proposed library reading room. He was advised to bring the matter up at the Budget Hearing. COMMUNICATION FROM STATE LABOR RELATIONS BOARD City Manager Janes read a letter from the Vermont State Labor Relations Board informing the Council that the City Highway Department had voted seven to two to join the National Association of Government Employees union. Mr. Rod Fisher of the Highway Department was present and said if the contract goes through negotiations can start. After discussing whether or not any action needed to be taken, Mr. Blais made a motion to acknowledge the Labor Board's notification of certification of the Highway Department's Union. The motion was seconded by Mr. Stearns and passed unanimously. At 11:15 P.M. Mr. Premo made a motion to adjourn the meeting. The motion was seconded by Mr. Stearns and passed unanimously. Approved Frederick G. Blais, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.