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HomeMy WebLinkAboutMinutes - City Council - 12/20/1971SOUTH BURLINGTON CITY COUNCIL MEETING December 20, 1971 The South Burlington City Council held a meeting in the Conference Room of the City Hall on Williston Road on Monday, December 7, 1971 at 7:30 P. M. Chairman Stearns called the meeting to order at 7:30 P. M. with a Pledge of Allegiance to the Flag. MEMBERS PRESENT Raymond E. Stearns, Chairman Walter Nardelli Dr. Harold Brown, Jr.Kenneth Jarvis Frederick G. Blais MEMBERS ABSENT None OTHERS PRESENT William J. Szymanski, City Manager Lorna Lecker, Burlington Free Press Richard Ward, Zoning Administrator A. C. Audette, South Burlington Philip McCarthy, Director of Governor's Highway Dept. Commission on Crime Control & Prevention William Robenstein Lawrence P. McManus Kay Neubert Charlotte C. Marsh D. Dale Kleppinger Thomas G. Haddock, Chairman of Board of Donald Davie Selectmen, Shelburne Sue Garnache E. W. Aske, Town Manager Shelburne Mrs. Powell Nan Frymoyer, League of Women Voters Arlene Krapcho, League of Women Voters Additions to Agenda: It was unanimously agreed that the following items be added to the agenda: 12. Status of contract with Burlington International Airport. 13. Cemetery Report - Charlotte Marsh. READING OF THE MINUTES OF DECEMBER 6, 1971 Mr. Nardelli made a motion that the Minutes of December 6, 1971 be approved as presented. Mr. Jarvis seconded the motion and approval was unanimous. SIGNING OF DISBURSEMENT ORDERS Chairman Stearns announced that disbursement orders were on the table to be signed before the meeting was adjourned. SECOND READING OF PROPOSED ZONE CHANGE REQUEST - COMMERCIAL A TO B - POMERLEAU PROPERTY ON SHELBURNE ROAD LOCATED BETWEEN TOWN AND COUNTRY FURNITURE AND NBC BAKERY COMPANY Chairman Stearns announced that this request has been withdrawn by Mr. Pomerleau. DISCUSSION WITH MR. PHILIP MCCARTHY, DIRECTOR OF THE GOVERNOR'S COMMISSION ON CRIME CONTROL AND PREVENTION, REGARDING THE LAW ENFORCEMENT ASSISTANCE PROGRAMS. (THIS ITEM WAS POSTPONED FROM THE DECEMBER 6th MEETING.) Mr. McCarthy briefed the Council on the origin of the Governor's Commission on Crime Control and Prevention, formed under the Safe Streets Act of 1968. It was started in 1969 with $100,000 which was made available and since that time the federal government will soon release $1,000,000 in action funds for the state of Vermont. 60% of this money is earmarked for state planning and 40% for local government planning. He said history has been that the 40% for local planning was used on projects on a sporadic basis. However, three regional planners have been hired and are available on a continuous basis in three different areas of the state. Cliff Bowman, working out of Arthur Hogan's office in Richmond, would be the person South Burlington should contact for problems or information about this program. His job is to assist local governments by working with local commissions to design a plan which, hopefully, would become a state plan to submit to Washington. A plan must be submitted according to certain guidelines, such as detection and apprehension of criminals, a new communication system throughout the state, control of riots and civil disorders and research and development. Chairman Stearns asked Mr. McCarthy if he has talked with Tony Pomerleau, Burlington regarding dispatching. Mr. McCarthy replied that he has talked with him and he thinks it is an excellent idea to work on a regional basis. He also stated that the intent of the program is not to provide basic equipment which the local government should provide but rather to get into programs which normally would not be initiated on a local basis. A recent survey indicated a need for manpower support in the addition of juvenile officers or felony and drug investigators. Cooperation is encouraged among departments, such as a juvenile office, which do not have enough need to justify one man for this purpose. He felt the real impact in South Burlington would be through the Regional Planner to work out a plan for this particular area. Chairman Stearns noted that South Burlington is working toward this in the area of dispatching. He wanted it made very clear, however, that no misinterpretation was made that there would be any merging of Burlington and South Burlington Police Departments. He also informed Mr. McCarthy that there are groups working throughout Chittenden County, meeting every three months and he would like to have Mr. McCarthy and Mr. McManus attend one of their meetings and inform them what is available to them. Mr. Blais asked Mr. McCarthy how much of Action money is available for local committees. Mr. McCarthy stated that $500,000 has been earmarked for the state agency and $500,000 for local governments. He indicated there is a possibility that this ratio may change and he thinks that would be a good idea to put more into local programs. Mr. Blais asked Mr. McCarthy how he is progressing with the computer bank. Mr. McCarthy stated he expects to receive a sizeable grant which will help to implement this system, hopefully within the next two years. Mr. Nardelli wanted to know if there are any plans for a juvenile court system. Mr. McCarthy said they do not have such plans but it could come under this program, either through an administrator for the state or by a local judge. They are working on a Juvenile Referral Resource Bureau, with an administrator who would identify with a mental health agent, who might help the juvenile before he gets to court. He felt a Juvenile Officer in the Police Department could be a key man. Mr. McCarthy further stated law enforcement could be upgraded in the area of training; basic training for a police officer just coming in and specialized training, such as going to a school. Funds could be made available for a juvenile officer through the Manpower Program. Mrs. Krapcho asked if any effort has been made to coordinate this program with the Governor's Committee on Children and Youth. Mr. McCarthy said he is not aware of any such effort but agreed the idea might be conceivable. He feels his program has great potential but the towns aren't utilizing it to the greatest advantage. One of the problems has been that there have been no standardized police reports. A uniform crime reporting system is now being formulated, which Mr. McCarthy feels will show where the problems exist. He left a summary of Action Program funding for crime control and prevention for the Council to read and again requested the Council to contact Mr. Cliff Bowman if they have any problems. DISCUSSION WITH SHELBURNE SELECTMEN REGARDING THE USE OF THE CITY LANDFILL SITE Chairman Stearns read a letter dated December 20, 1971 from E. Wendell Aske, Town Manager of Shelburne, in which he requested Shelburne be allowed to continue using South Burlington's landfill area at least until June 30, 1972, at which time they would urge execution of a contract permitting use of the landfill through June 30, 1973. The letter also outlined steps which Shelburne will take in placing restrictions on the use of our landfill, as well as steps to establish a landfill area of their own. A copy of this letter is filed with these Minutes. Chairman Stearns noted that Mr. Aske, Mr. Szymanski and he have met recently to discuss alternate possibilities, such as a pick-up station in Shelburne. He explained that the Council is concerned that our landfill is filling up too rapidly to continue to provide the area for Shelburne's use. He also referred to the fire in our landfill area this fall which necessitated using all the employees of the Highway Department, resulting in additional expense to South Burlington. Shelburne was billed in the amount of $600 to help defray the cost of these additional costs but refused to pay anything over their original assessment. Mr. Szymanski noted the cost of the South Burlington landfill area is about $50,000 to $60,000 a year - - much of this is due to compliance with state requirements. Mr. Aske told the Council that Shelburne would be willing to limit use of the landfill to household refuse only and prohibit commercial debris and tree stumps, if they could be allowed to use South Burlington's landfill for a limited time. Chairman Steams explained that demands placed upon South Burlington by the state are becoming greater, resulting in higher costs. He also told Mr. Aske and Mr. Haddoock that the Council was not impressed with Shelburne's good faith when they were asked for help. Mr. Jarvis agreed, adding that there appears to have been a series of events indicating Shelburne has not been cooperative. Mr. Aske was asked by Mr. Audette, South Burlington Highway Department, if Shelburne has made any attempt to contact other individuals or areas for use of their landfill. Mr. Aske said they have approached everyone within a reasonable area. He also explained that they have a landfill area in Charlotte, but there have been problems which are now being settled in the courts. He said Shelburne is not anxious to start a landfill area because it is too expensive; he thinks the solution to the problem is in the regional operation and he would like to see all towns get together and cooperate. Mr. Haddock, Chairman of the Board of Selectmen, told the Council he was sure that his Board would have gone along and paid the $600 if it had been presented as an additional cost to run the landfill area due to increased expenses. However, they did not feel they should pay an extra assessment to fight a fire. Dr. Brown said: "When you thumb your nose at us, even though we are neighbors, we do not like it. In the agreement you had as much liability as we had." Mr. Haddock said Shelburne was led to believe that they were being assessed for fighting a fire. Mr. Szymanski noted that was correct, but it was not for use of the Fire Department - - it was for the use of the Street Department in assisting in the control of the fire. Mr. Nardelli moved that we honor the gentlemen's agreement and extend the contract to June 30, 1972. The motion died for lack of a second. Mr. Blais moved that the contract be extended from January 1 to February 15, 1972 and to request the Shelburne officials to return again on January 3, giving the Council the opportunity to explore the situation. The motion died for lack of a second. Mrs. Arlene Krapcho asked what amount Shelburne is paying South Burlington for the use of its landfill area. Chairman Stearns replied they are paying $6,400. Both Chairman Stearns and Mr. Jarvis emphasized that South Burlington's greatest concern is that the landfill area is filling up too soon. Mr. Haddock told the Council the town of Shelburne is investigating possibilities but this will take time. Meanwhile they are only asking for a place for household waste. Mr. Blais said he is not in favor of continuing the contract but would move to extend the date to February 15 to give ample time for consideration at the next Council meeting. This motion died for lack of a second. Dr. Brown moved that we continue the contract until January 1. 1972 at which time we would operate on a percentage-of-cost-basis, with Shelburne $$merating us at the present cost based on population, and continue this until June 30, 1972. This motion died for lack of a second. At this time it was unanimously agreed to call a brief recess for Council deliberation. Recess was called at 9:10 P. M. * * * * * * * * * * * * * * * * Chairman Stearns reconvened the meeting at 9:25 P.M. Dr. Brown moved that the City of South Burlington honor its unwritten agreement with Shelburne to the date of January 1, 1972 and then the agreement shall continue to June 30, 1972 at the per capita cost as determined by the City Manager. We will institute controls of the carters - - only household waste will be allowed. New schedules will be issued and no commercial or industrial waste will be allowed. If violated, the agreement would be terminated in thirty days. The contract will be permanently terminated on June 30, 1972. Mr. Jarvis seconded the motion and approval was unanimous. (5 to 0) ACCEPT THE RESIGNATION OF MR. HAIGIS FROM THE CITY PLANNING COMMISSION Mr. Szymanski presented a memorandum indicating Mr. Haigis submitted his resignation from the City Planning Commission by telephone on December 13, 1971, as a result of his work which has prevented him from attending meetings and work sessions. The memorandum also noted that an advertisement in the local paper has been placed for a replacement. January 3, 1972 has been set as a tentative date for the interviewing of applicants. A copy of this memorandum and a copy of the newspaper notice is filed with these minutes. Mr. Nardelli moved that Mr. Haigis' resignation be accepted and that a letter expressing appreciation for his contribution to the Planning Commission be sent to him. Mr. Jarvis seconded the motion. During discussion which followed, Mr. Jarvis asked whether or not Mr. Haigis had been asked to resign. Mr. Szymanski stated that the Chairman of the Planning Commission had asked him to write to Mr. Haigis to see if he could improve attendance. Mr. Haigis then telephoned Mr. Szymanski to inform him that, because of his work in Vergennes, he found it impossible to attend meetings and work sessions and submitted his resignation. A vote was called on the motion and it was approved unanimously (5 to 0). Mr. Stearns noted that openings are available on the Planning Commission and Natural Resources Committee, and that the vacancy on the Planning Commission has been advertised in the local paper. He also turned over to the City Manager a letter from Mr. Ron Schmucker requesting to serve on the Planning Commission. This will be considered, along with other applications, at the Council Meeting of January 3, 1972. CONSIDER THE CITY PLANNING COMMISSION'S RECOMMENDATION REGARDING CBC CORPORATION'S REQUEST FOR A ZONE CHANGE Councilman Blais, a partner in the CBC Realty, left the meeting during the discussion of this item. Chairman Stearns informed the members of the Council that the Planning Commission has recommended to the City Council that the Planning Commission hold a second public hearing on the request of CBC Realty and Development, Inc. for a zone change and that they pass this on to the Regional Planning Commission for study and comment. Mr. Jarvis moved that the Council honor the Planning Commission's request. Mr. Nardelli seconded and approval was unanimous. Mr. Nardelli stated that in the 1964 zoning map this area was residential A. In the new zoning laws the area is R-2. He made a motion that decision on this area be put off by the Planning Commission until they resolve the zoning for this particular area. There was no second to this motion and the motion died. Mrs. Frymoyer wanted to know if the City Council could be present at the next public hearing on the CBC Realty request. She feels hearing individuals express their view-points is much different than reading about it. Chairman Stearns said there has been a meeting of the Council, Zoning Board and Planning Commission. He feels the "Planning Commission should not be governed as much by emotionalism of public opinion as by facts of public opinion - - what is the best for all segments of South Burlington." He also stated that the Council might be accused of making a political decision. The Charter says the Planning Commission should be the one to hold public meetings and the Commission should advise the Council what is best for South Burlington, he said. Dr. Brown said: "A planner is a dreamer, he looks 20 years ahead. The Council has to think dollars and cents. The Planning Commission has to figure a plan of the city." Mrs. Krapcho said she believes a Master Plan is a mechanism for developing a plan for sound community growth - - something that builds on reality. She feels it is unfortunate that the Planning Commission must make a decision on a zoning concept that does not exist in our present ordinance. She thinks the Master Plan should be revised and asked if the Council could vote on new zoning regulations before making a decision on the proposal. "By rezoning for one, it is impossible to deny another if the plan is financially feasible and meets requirements," she stated. Chairman Stearns noted that there will be public meetings the first of the year on the changes being discussed in Subdivision Regulations; that there is a difference of opinion as far as what these land masses should be designated. He said the Council has learned one important thing from this and in the future the Planning Commission will hold two public meetings on all such requests. Mr. Szymanski informed Chairman Stearns that the dates of January 4th or January 18th were suggested by the Planning Commission for the second hearing on the CBC Corporation's zone change request. The Council unanimously agreed on the January 4, 1972 date for this Planning Commission hearing. Chairman Stearns also stated that the Council will act on their recommendation on January 24th. REVIEW THE NEW JOB DESCRIPTION OF A CITY ENVIRONMENTAL OFFICER Mr. Szymanski submitted a job description for the City Environmental Officer, a copy of which is filed with these Minutes. This officer would be responsible for the enforcement of all laws dealing with the environment. He would supply citizens information on environmental problems. The work would be coordinated with the City Engineer under the general supervision of the City Manager. He would serve as an informational clearing house for questions of citizens, land developers, industry. Detect environmental violations and initiate corrective action. He would maintain close liaison with state agencies having jurisdiction over such matters. He would review all applications to the District Environmental Commission and represent the City at District hearings. He must have a thorough knowledge of Land Use and Development Act No. 250 and possess the ability to detect violations under said Act. He would also be familiar with the operation and construction of private sewage disposal systems. Mr. Nardelli referred to the paragraph in the memorandum which pertained to qualifications for application. He felt this should read: Two years of general experience and/or education in the environmental, sanitation, or construction fields. Mr. Blais moved to adopt the job description of Environmental Officer as presented by Mr. Szymanski, with the amendment suggested by Mr. Nardelli. Mr. Nardelli seconded the motion and approval was unanimous. (5 to 0) CONSIDER THE RECOMMENDATION OF MR. DAVIES AND THE CITY MANAGER FOR THE EXTENSION OF ROUTE 116 NORTHERLY TO INCLUDE THE LIME KILN BRIDGE AND TURNING OVER THIS ROAD TO THE STATE TO MAINTAIN Mr. Davies requested that the Council write to the State Highway Board, requesting that Vermont 116 be extended northerly to connect with Lime Kiln Bridge and Lime Kiln Road, making it part of the State Highway System. Mr. Szymanski told the Council the state would only accept that portion where the houses are 100 feet apart - the rest would be a connector road. Chairman Stearns noted that this matter was referred to the Planning Commission to see if it is in the best interests of all of South Burlington and he would not recommend any action until the Planning Commission makes a decision. He also expressed concern about the children walking to Chamberlain School, noting that one of the biggest expenses in schools is transportation, and if this connection goes through there would probably be requests for bussing the children. He requested Mr. Szymanski to go to the Planning Commission and ask for their recommendations in writing. He also requested that he notify Mr. Davies when it will be on the agenda of the Planning Commission. SIGN STATE-AID CLAIM FOR WINTER MAINTENANCE Mr. Szymanski submitted State-aid claims for winter maintenance, which were signed by the Council. STATUS OF TAX STABILIZATION CONTRACT WITH BURLINGTON INTERNATIONAL AIRPORT Mr. Szymanski reported that John Ewing, City Attorney is working with Burlington's attorney on this contract. He doesn't foresee any problem with it. CEMETERY REPORT - CHARLOTTE MARSH Miss Marsh informed the Council that the Cemetery Commission had requested Brewer Bros, to plant some trees on their south boundary to screen the cars, but they have not been planted. The Committee has also made a rule that no burials will be made between December 1st and April 1st in the cemetery on Shelburne Road. She will notify all funeral directors of this ruling. OTHER BUSINESS Chairman Stearns expressed gratitude and praise for the Police Department, Fire Department, Street Department, Mr. Szymanski and everyone else who helped in building the new hockey rink next to the Fire Station. Mr. Stearns announced there would be a public meeting at the South Burlington High School on December 29, 1971 at 7:30 P. M. with our Representatives and Senators in Montpelier present to answer any questions anyone might wish to ask. He also noted that he has heard many good comments about Chief of Police Carter who was on television recently talking about central dispatching. He also complimented Mr. Szymanski on the very fine job he is doing as City Manager. A motion to adjourn was made by Mr. Nardelli, seconded by Dr. Brown and approved unanimously. Meeting was adjourned at 10:15 P. M. Approved Walter Nardelli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.