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HomeMy WebLinkAboutMinutes - City Council - 07/12/1971CITY OF SOUTH BURLINGTON COUNCIL MEETING July 12, 1971 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road at 8 P. M. on July 12, 1971. Mr. Stearns, Chairman, called the meeting to order. MEMBERS PRESENT Raymond E. Stearns, Chairman; Frederick G. Blais; Walter Nardelli; Dr. Harold P. Brown, Jr.; Kenneth Jarvis OTHERS PRESENT William Szymanski, Acting Town Manager Lucy L. Gleason Richard Ward, Zoning Administrator Leon C. Bundy Robert Brunell, Recreation Director Gus Calkins Albert C. Audette, Highway Dept.Richard Underwood Fire Chief Monell Acting Chief Assessor Senator Jack O'Brien Jay Hawthorne Frederick Fayette Maurice F. Senesac Charlotte C. Marsh Frank Clark, Supt. of Pub. Works Donald Moser Mary Barbara Maher, Planninc Comm. Lincoln L. Sibley Peter Jacob, Champlain Water Dist. J. B. Menard Frank McCaffrey Alice Wheel Leo O'Connor, Burlington Free Press A. B. Menard Barbara Bull Peter Kyriacou James Pizzagalli George G. Smith Judy Pizzagalli Paul Minch David and Paul Marrill MINUTES OF JUNE 7 AND JUNE 21, 1971 Mr. Nardelli made a motion that the Minutes of June 7 and June 21, 1971 be approved as presented. Motion was seconded by Mr. Blais and approved unanimously. DISBURSEMENT ORDERS Chairman Stearns announced that disbursement orders were on the table to be signed by the Council before the meeting adjourned. ADDITION TO THE AGENDA Extension of Poll Tax Deadline BOARD OF WATER COMMISSIONERS' REQUEST FOR REPRESENTATION ON SCREENING AND SELECTION COMMITTEE FOR A NEW CITY MANAGER Mr. Szymanski stated that the Water Department had requested that a member on their board be placed on the Screening and Selection Committee for a new City Manager. Mr. Blais said he had no objection to having a member on the committee but the ultimate decision is the City Council's. Mr. Nardelli moved that a member of the Water Board be appointed to the Screening and Selection Committee for a new city Manager but that he be advised that it will be in an advisory capacity. Motion was seconded by Mr. Hlais. During discussion Miss Marsh took exception to the appointment of a member of the Water Board to this committee, saying she did not think a member of that Board should be represented any more than any other Board. Mr. Fayette pointed out that all members of the Screening and Selection Committee will be in an advisory capacity only. Chairman Stearns called for a vote on the motion and it was approved unanimously. SET A POLICY FOR THE METHOD OF DETERMINING SEWER USE CHARGES FOR QUEEN CITY PARK Mr. Szymanski explained that Queen City Park has no water meters and at the present time the fee is $18.00 per year per family. There are about 75 year-round property owners using 25,000 gallons of water pr day, on the average. Mr. Szymanski suggested that the Fire District take a census twice a year and whenever a property is transferred and setting a water use rate based on the average water usage rate of the metered sections of the city. Mr. Fayette said he believes sewer charges are based on statutory formula and he suggested examining the statutes to be sure they are adhered to; otherwise we might be faced with illegitimate charge. Chairman Stearns suggested that Mr. Szymanski refer this matter to the City Attorney to determine if his method as outlined is legal. If not, he requested that he present another method which is acceptable. ACQUISITION OF RIGHTS-OF-WAY FOR PINE STREET EXTENSION Mr. Szymanski read a letter dated June 23 from Mr. Bruce C. Ellison, Real Estate Manager of Green Mountain Power Corp. and his reply of June 25, 1971 to Mr. Ellison pertaining to the acquisition by South Burlington of Green Mountain Power land for the future Pine Street extension, in which he suggested an informal meeting of officials of Green Mountain Power Company and members of the City Council and Planning Commission to discuss the acquisition of this land. All members of the Council agreed that Mr. Szymanski should make arrangements to set up a meeting, as outlined in his letter. RECLASSIFICATION OF TWO CITY EMPLOYEES a. Lillian Ferrier Appraiser's Office Grade 5 to 6 b. Willis Estes Treatment Plant Operator Grade 11 to 14 Mr. Szymanski informed the Council that these employees are very deserving. He was asked if he has funding for the changes in grade and replied that he has. Mr. Nardelli made a motion to accept Mr. Szymanki's recommendation for reclassification and promotion for Lillian Ferrier and Willis Estes. Motion was seconded by Mr. Blais and approved unanimously. REQUEST FOR A PUBLIC HEARING ON REAPPRAISAL OF COMMERCIAL PROPERTY Mr. Szymanski explained that he has received a request from an individual for a public hearing on all commercial properties. Mr. David Merrill said he feels these hearings should be heard in public - - they are private now. Mr. Hawthorne stated that appeals are private and are with the Board of Civil Authority and the assessor, however, it is possible to make public the results of the appeal. He said the income factor enters into commercial property hearings and some people would not want this to become public knowledge. Mr. Merrill said Mr. Censi does want to bring out the income factor relative to the appraisal. Chairman Stearns said there is a group of motel owners who feel they have a case and could get publicity through public hearings. He added that this has always been a matter between the owner and the Board of Civil Authority. Mr. Fayette commented that, when he was on the Board, they never prohibited the public from appearing at the meetings. He felt there is no statutory authority for excluding the public. Mr. Blais suggested the Council get a ruling from Mr. Ewing, the City Attorney. Mr. Fayette suggested that, if there is to be a public hearing, it not be restricted to commercial properties. Mr. Blais commented that a public hearing prior to a meeting of the Board of Civil Authority would not be in the best interest of the community. Chairman Stearns said: "The question to be cleared is whether or not the Board of Civil Authority meetings are to be public or private". Senator O'Brian noted that the purpose of holding meetings is to get an expression of feeling from the people. Mr. Fayette said part of the confusion is the framing of the item on "reappraisal". If there is a public hearing it would not be a series of appeals. Mr. Merrill stated that his request is "whether the Board of Civil Authority meetings are public". It was finally decided to clear the question with the City Attorney and Mr. Szymanski was directed to take care of the matter and publish the dates. PETITION FOR DRAINAGE CORRECTIONS ON DUMONT AVENUE AND AIRPORT PARKWAY Dr. Brown commented that taking care of drainage problems here might set a precedent and "you might have to fill every swamp hole". Mr. Szymanski was requested to check with Mr. Ewing to determine the responsibility and to advise Dr. Charles Gluck what is being done. GLASS RECYCLING REPORT - FRANK CLARK Mr. Clark reported that 15 tons of glass have been collected so far, 8.75 tons having come from South Burlington. He said a great deal is being learned on handling procedures. Next Saturday will be the last collection at which time an analysis will be made and a report made to the Council, hopefully by the first Council meeting in August. He noted that he had received excellent cooperation from all news media and from the public. APPOINTMENTS OF: 1. City Agent (Important for grievance hearings) 2. Grand Juror 3. Park and Recreation Committee 4. Growth and Development Committee 5. Regional Planning Commission (Alternate) 6. City Government Committee Mr. Stearns noted that discussion of committee appointments has always been in Executive Session. Mr. Blais raised a question of why the City Agent is important for grievance hearings. Mr. Hawthorne explained that the reason is in case there should be any suits involving the city. It need not be an attorney but it would be better if he were. It was agreed by all members that the item of Appointment be moved to the last item on the agenda and acted upon in executive session. HIRING OF A PART TIME ASSESSOR - MR. JAY HAWTHORNE AND MR. RICHARD UNDERWOOD TO REPORT Mr. Stearns asked Mr. Hawthorne what he felt his contribution would be as a part-time assessor. Mr. Hawthorne explained there would be a continuation of what has been started on reappraisal. He said increasing expenses are being made against real estate and believes serious study should be made as to whether we have any means of relief, particularly where income is involved. He would spend time with representatives both in South Burlington and Montpelier to provide relief in areas where needed. He referred to his letter of June 5, 1971 to Mr. Robert N. Janes in which he outlined the duties, time involved, and salary. A copy of this letter is filed with these minutes. He estimated the part time assessor position would require the equivalent of at least twenty weeks, it would be on a scheduled basis of at least two days a week throughout the year and at times it might be five days a week. He believes it could be kept to a small operation and not involve many people. Defending appraisals would be done under the old contract. Mr. Stearns asked if the twenty weeks is equal to two to three days a week during the year and Mr. Hawthorne replied that it is. Mr. Stearns asked if Mr. Hawthorne would want a working contract and be replied that it could be as formal or as informal as the City wished. After a brief discussion among the Councilman, it was agreed to go into executive session for further consideration of this item. TAX STABILIZATION FOR FARMERS AND RESIDENTS OVER AGE 65 - RICHARD UNDERWOOD TO REPORT Mr. Underwood read a memorandum dated July 12, 1971 which he had prepared. A copy of this report is filed with these minutes. The following excerpts are taken from this memorandum: If the Council should wish to enter into contract with the landowners for Land Use Tax Stabilization, it would require a 2/3 majority approved by the voters. Total Fair Market Value of Farm Land $2,835,905. Listed Value, or 1/2 of F.M.V.1,417,952 If Council grants 26 Landowners contract at 60% of Listed Value. $1,417,952. 40% tax loss $ 567,180 This would reduce the Grand List by $5,672, a tax loss of $34,372 based on a tax rate of $6.06 (6.06 x 5672 = 34,372) This would increase our tax rate 0.06 cents to $6.12 If the Council was to grant a 3,000 dollar exemption to property owners over 65 the results would be as follows: Presently the City has 160 property owners over 65 who would qualify for a 3,000 Homestead Exemption 160 x $3,000 =480,000 1% of this =4,800 This would reduce the Grand List by $4,800, resulting in a tax loss of $29,088 (4,800 x 6.06 = 29,088) Combining both tax relief to farmers and tax relief to property owners over 65 would result in the following: Reduce the Grand List 10,472.00 Increase tax rate 10 cents to 6.16 Result is a tax loss of 63,460.00 Mr. Hawthorne commented that the big delemna is "when one person doesn't pay, someone else does" and the tax rate must go up to compensate for concessions made. Mr. Mardelli questioned Mr. Hawthorne on farm stabilization in Springfield and was told that it was working out well but there is no recovery on taxes if the land is sold. However he said it is possible to zone farm land for farm purposes only and it could be valued on its use. Mrs. Bull questioned this, saying she understood property had to be appraised regardless of its zoning but Mr. Hawthorne explained there could be a limitation placed on the use of the property and by so doing limit the number of buyers. Mrs. Krapcho asked if it made any difference in the fair market value whether property is zoned for intensive or less intensive residential development. Mr. Hawthorne felt the aggregate price would be about the same. He added that somehow there must be a balance in the community and you would not want to build it up solid. In Vermont alone half the people are in 20% of the towns and they are the ones who have all the problems of growth with schools, sewers, etc. Mr. Stearns noted that seeing all the open farm space is worth a lot to South Burlington people but they must know what it is going to cost. He complimented Mr. Underwood on the very fine report and said it will not be forgotten. Mr. Nardelli asked that members of the Planning Commission, Zoning Board of Adjustment and School Board receive copies of this report. MR. FAYETTE'S COMMENTS ON APPOINTMENT OF CITY AGENT AND GRAND JUROR Mr. Fayette requested permission to make the following comments on the appointments of City Agent and Grand Juror. He suggested that the City Agent, except in unusual circumstances could be the City Attorney. He feels the Grand Juror is a very important position in the city. He should be a lawyer and has the authority in areas of criminal law parallel to the State Attorney as long as it is in the city. Mr. Fayette said he has been acting in this capacity since March, acting on ordinance violations, and the Grand Juror could confine himself to ordinance violations. He suggests a young lawyer and that compensation be provided. He said he would be willing to continue until an appointment is made but he does not have the time to take this on a permanent basis. The Council members thanked him for his comments. EXTENSION OF PHASE IV SEWER CONTRACT TO SEWER SHELBURNE RD. SOUTHERLY TO VICTORIAN INN-COST APPROXIMATELY $30,000 LESS 35% ANTICIPATED STATE AID Mr. Szymanski stated that the Victorian Inn has a bad sewage problem and he proposes extension of Phase IV sewer contract to cover this area from Bartletts Bay to the Victorian Inn, payment would come from the surplus of Phase 1 and 2 with 35% anticipated state aid. After a short discussion Mr. Nardelli made a motion that Mr. Szymanski's request as presented be approved. Dr. Brown seconded the motion. Mr. Szymanski noted that it will be a 12 inch line which will take care of future development. Chairman Stearns called for a vote and it was approved unanimously. DESIGNATE WILLIAM SZYMANSKI AS THE AUTHORIZED AGENT FOR THE MANPOWER TRAINING PROGRAM OF THE VERMONT DEPARTMENT OF EMPLOYMENT SECURITY Mr. Szymanski stated there are three men working for the city under this program. Mr. Blais made a motion that Mr. William Szymanski be designated as the authorized agent for the Manpower Training Program of the Vermont Department of Employment Security. Mr. Nardelli seconded the motion and it was unanimously approved. AL REYNOLDS RESOLUTION RESOLUTION WHEREAS, Albert I. Reynolds willingly gave of his time and his talent in the service of his community: AND WHEREAS, he has served as a member and as chairman of the South Burlington Zoning Board of Adjustment for the past twenty years, NOW THEREFORE, BE IT RESOLVED: That the City Council takes note that his many years of service on the Board came at a time when South Burlington experienced a tremendous growth and wishes to express its appreciation of Mr. Reynold's knowledge of the City's Zoning Laws and his unbiased opinions which will be sorely missed by the remaining members of the Zoning Board of Adjustment; AND BE IT FURTHER RESOLVED, that a true copy of this resolution be forwarded to Mr. Reynolds. A TRUE COPY ATTEST_____________ Walter Nardelli, Clerk July 12, 1971 Mr. Blais made a motion that this resolution be adopted. Motion was seconded by Walter Nardelli and unanimously approved. WITHDRAW ALLEN ROAD IRISH PROPERTY REZONING APPLICATION - RICHARD WARD, ZONING ADM. Mr. Ward stated that this application went to the Planning Commission after the first reading and Mr. Irish was directed to make formal application for a sub-division. Mr. Irish will need time and will present the application at a later date. Mr. Blais made a motion that the first reading of the Irish application be withdrawn. Mr. Jarvis seconded the motion and it was unanimously approved. COMMENTS ON ITINERANT VENDORS' LICENSES - RICHARD WARD After a brief discussion it was felt there was no need for an ordinance on itinerant vendors. No action was taken. EXTENSION OF POLL TAX DEADLINE Since it was felt not enough time was allowed for payment from the time poll tax notices were sent out a action was made by Mr. Nardelli that the deadline for payment of poll tax be extended to July 30, 1971. Mr. Blais seconded the motion and it was approved unanimously. FIRST READING OF PROPOSED ZONE CHANGE - RESIDENTIAL B TO RESIDENTIAL G - OF DUMONT CONSTRUCTION PROPERTY LOCATED WEST OF THE END OF IBY STREET A number of South Burlington residents were present for discussion on this item. Mr. Lincoln Sibley and Paul Minch, abuttors, objected to the proposed zone change, stating there are covenants in their deed that there can be no multi-family dwellings. Chairman Stearns explained that this was the first reading and the next step would be to have the Planning Commission review this application and pass suggestions back to the Council. He urged everyone all to attend that meeting July 27. Mr. Sibley asked if the Council could refuse to have the first reading. Mr. Nardelli said they could. Mr. Hlais said the first reading is merely to initiate procedure and he felt it should be acted on by the Council and passed on to the Planning Commission, where there is a chance for all facts to be presented and all opinions expressed, and ultimately recommendations given to the Council by the Planning Commission. Mr. Blais made a motion that the first reading of the proposed zone change of the Dumont Property at the west end of Iby Street from Residential B to Residential C be adopted. Motion was seconded by Mr. Jarvis. Result of Vote: 4 in favor 1 opposed (Mr. Nardelli) LIQUOR CONTROL BOARD CONVENED - LICENSE FOR TOWER RESTAURANT After a brief discussion it was decided to pass this request for a license by the Tower Restaurant on to Chief Garter for comments and recommendations before taking action on it. Mr. Jarvis moved that the Liquor Control Board meeting be adjourned. Mr. Nardelli seconded the motion and approval was unanimous. The Council went into Executive Session to consider appointments at 10:30 P. M. ************* The Council meeting was reconvened and the following appointments were made: David L. Cleary, Attorney -27 Elsom Parkway, So. Burlington -CITY AGENT Joseph Zajchowski -79 Shunpike Rd., So. Burlington -CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION ALTERNATE Meeting was adjourned at 12 Midnight. Approved -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.