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HomeMy WebLinkAboutMinutes - City Council - 07/19/1971CITY OF SOUTH BURLINGTON COUNCIL MEETING July 19, 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 19, 1971. Mr. Stearns, Chairman called the meeting to order. MEMBERS PRESENT Raymond E. Stearns, Chairman; Frederick G. Blais; Dr. Harold P. Brown, Jr.; Kenneth Jarvis. MEMBERS ABSENT Walter Nardelli OTHERS PRESENT William Szymanski, Acting City Manager Fire Chief Monell Maurice Senesac, Queen City Park I. Vogel, Queen City Park Leo Yendrzeski, Tower Restaurant $$ B. Stewart, Vt. League of Cities and Towns Frank McCaffrey Leo $$, Burlington Free Press Everett R. Allen Albert C. Andette, Highway Dept. MINUTES OF JULY 12, 1971 Mr. Jarvis made a motion that the Minutes of July 12, 1971 be approved as presented. Mr. Blais seconded the motion and it was approved unanimously. DISBURSEMENT ORDERS Chairman Stearns announced that disbursement orders were on the table to be signed by the Council before the meeting adjourned. ADDITIONS TO THE AGENDA 10. State Environmental Conservation Dept. re: Red Rocks 11. Request from Williston Road resident on reason for stakes - (Fred Blais) 12. Request for appointment to Agency of Environmental Conservation. 13. Planning Commission report. - (Dr. Brown) 14. Report on meeting of Board of Civil Authority - (Fred Blais) 15. Appointment of co-editor to The Spokesman 16. Discussion of Laurel Hill South recreation possibility. (Chairman Stearns) The Council meeting was adjourned to convene the Liquor Control Board. LIQUOR CONTROL BOARD APPLICATION OF MR. MATTE OF THE TOWER RESTAURANT Chairman Stearns explained that this application had been tabled last week pending a report from the Police Department. Mr. Blais noted that the Chief of Police had reported a number of disorderly conduct and nuisance complaints. Mr. Yendrzeski stated that most of the problems involved teenagers over sporting events. He said during the school year a policeman is hired to control trouble; most of it took place outside in the parking lot and he knows of no serious charges. Mr. Stearns said the Police Department had recommended that, if a liquor license is given, a sufficient number of adult male employees be hired to handle outside problems in the parking lot and he stressed that no misconduct should be allowed in the parking lot. Mr. Stearns asked Mr. Yendrzeski if he envisions any problems with 18 year olds drinking and was told that before this law went into effect he had trouble with beer cans being sneaked in but hasn't had this trouble since it became effective. Mr. Blais asked Mr. Yendrzeski if, as a condition to granting a license, he would be willing to add additional people to take care of any disturbances and he replied that he was certain the owner would be willing to do so. Mr. Blais made a motion that the liquor application for the Tower Restaurant be approved with the stipulation that the City Council will be reviewing the police report from time to time and if extra people are not hired to take care of disturbances the license be revoked, and that this statement be given to Peter Matte in writing as a stipulation to granting the license and he is to make certain that a sufficient number of adult people are hired to keep order inside as well as outside. Mr. Jarvis seconded the motion and approval is unanimous. SHAKEY'S OF VERMONT, INC. - TRANSFER OF LICENSE This request is for transfer of license from Art Moran to Shakey's Inc. Chairman Stearns stated there have been no problems there necessitating police recommendations. Mr. Blais made a motion that the request for transfer of liquor license from Art Moran to Shakey's be approved and signed. Mr. Jarvis seconded the motion and it was approved unanimously. THE LIQUOR CONTROL BOARD MEETING WAS ADJOURNED. THE CITY COUNCIL MEETING WAS RECONVENED. DISCUSS PAYMENT FOR CITY AGENT AND GRAND JUROR'S SERVICES Mr. Szymanski said Mr. David L. Cleary, Attorney, has accepted the appointment of City Agent and he has discussed the matter of remuneration for both positions with Mr. Ewing, the City Attorney who agrees with Mr. Fayette's opinion that there should be remuneration. After discussion Chairman Stearns requested Mr. Szymanski to arrange to have Mr. Cleary and Mr. Ronald C. Schmucker appear at the first Council meeting in September to discuss the matter. Chairman Stearns noted that the Grand Juror's job pertains to ordinance and not criminal violations, that he is very happy with State's Attorney Patrick Leahy's pursuit of criminal violations. ACCEPT FOREST PARK REALTY COMPANY'S SEWAGE PUMPING STATION AND STATION EASEMENT DEED Mr. Szymanski explained that this is the pumping station off Kennedy Drive and City Attorney John Ewing has approved it. Mr. Blais made a motion that the Forest Park Realty Company's Sewage Pumping Station and Station Eastment Deed be accepted. Mr. Jarvis seconded the motion and it was unanimously approved. Mr. Blais made a motion that Chairman Stearns be authorized to sign the Vermont Property Transfer Return which requires one signature. Mr. Jarvis seconded the motion and it was unanimously approved. DISCUSSION OF DUES TO VERMONT LEAGE OF CITIES AND TOWNS. The dues are $1,003 ­ the budget is $700 Mr. $$ B. Stewart Executive Director stated dues are based on 10¢ per capita, that they are Vermont's 246th municipality and responsible to each town. When asked by Chairman Stearns if he felt the Vermont League of Cities and Towns is worth while, Mr. Stewart noted they provide 35 services, among which are wage and salary surveys, purchasing information, lobbying - such as for B.O.R. funding, personnel and law enforcement problems. Mr. Blais asked Mr. Stewart what plans he has for lobbying for or against land use tax. Mr. Stewart said you cannot shift the burden from rural to built-up areas and he feels there are several more pressing taxes facing us and he believes we will lose the poll tax in another year and must find replacement income for it. Mr. Jarvis asked if the City has made good use of the services of the Vermont League of Cities and Towns and Mr. Stearns noted we had gone to them to discuss comparison of salaries for City Managers and he feels the biggest advantage is having 246 municipalities lobbying. He also told Mr. Stewart that the governing body, as well as the City Manager, likes to be informed and requested that any information sent out be sent to the City Council as well as the City Manager so the Council can screen it and decide for themselves what they want. Mr. Jarvis asked if the budget can handle the increase in dues and Mr. Stearns indicated it can. In response to a question from Mr. Szymanski regarding payment date, Mr. Stewart said he would be happy with 50% in December. Mr. Stewart offered his services to help in any way possible in the screening of candidates for City Manager. Mr. Jarvis made a motion to pay the increase in dues to Vermont Lease of Cities and Towns, from $700 budgeted to $1.003. Dr. Brown seconded the nation and it was approved unanimously. RENOVATION OF OLD TOWN OFFICES FOR POLICE DEPARTMENT Mr. Szymanski reported that work is proceeding well on renovations of the old town office building for use as a police station. He stated that the State Fire Marshal had come up with a list of requirements, most of which are electrical. A copy of this letter is filed with these minutes. Chairman Stearns commented that he believes we can handle these requirements. Mr. Szymanski explained that 3000 gallon tanks are needed for state purchasing of gasoline, at a cost of $400. He was given permission to purchase two at cost of $200 each. He also asked for some advice as to types of flooring that should be used in the Police Department building. Stearns asked Mr. Blais if he would assist Mr. Szymanski in making proper selection of flooring. Estimate for repairs to the former town office building for new Police Department headquarters will be under $2,000, Mr. Szymanski reported. PHASE IV SEWER CONSTRUCTION PROGRESS REPORT Mr. Szymanski read a report from Webster Martin giving the progress to date; 52% of the work is completed on the Bartletts Pay sewer plant, sewering of Queen City Park and construction of a new sewer interceptor on Shelburne Road. Application for 50% Federal aid is being requested. It is expected that the sewer plant will be in operation this fall. CONSIDER SEWER USE RATE FOR THE QUEEN CITY PARK AREA Mr. Szymanski reported that he had requested Mr. John Ewing, City Attorney to check the State Statues regarding his suggestion that a water use rate for Queen City Park, based on the average water usage rate of the metered sections of the city, be set. Mr. Senesac asked if the City Council would approve of the Fire District paying the whole amount and taxing individual users, in the event the Fire District so voted, adding that it would save a considerable amount of paper work for the City. Mr. Blais commented that there might be a problem in the Sewer Ordinances - - the city can lien individuals for taxes but can't lien a group, such as a Fire District. Mr. Stearns asked Mr. Szymanski to check the Ordinance to determine whether one bill could be sent to the Fire District. Mr. Senesac also requested that Mr. Szymanski attend the Fire District meeting in fifteen days to explain all details of sewer use charges and answer questions. Mr. Stearns authorized Mr. Szymanski to meet with the Fire District at their meeting and to explain that connection to the sewer system must be made within 90 days of the time the system is declared operable. SIGN EXTRA WORK ORDER FOR SEWER CONSTRUCTION ON SHELBURNE ROAD Work order for sewer construction on Shelburne Road (from area of Bartletts Bay to the Victorian Inn) was signed. This was authorized last week (see minutes of July 12, 1971) AGENCY FOR ENVIRONMENTAL CONSERVATION - RE:RED ROCKS Mr. Blais announced that he has received a letter from Forrest Orr, Agency of Environmental Conservation, informing him that application for the development of Red Rocks recreation area has been approved. Total cost is $105,00 with 50% federal funding, 35% state and 15% local. This is subject to BOR approval and Chairman Stearns warned that the city must not incur any construction cost prior to BOR approval. Mr. Blais requested Mr. Szymanski to notify Mr. Thomas Breen to initiate the Red Rocks Committee and architects to set up priorities and discuss them with Mr. Forest Orr. WILLISTON ROAD MARKERS Mr. Blais stated he had been asked by a resident, Mrs. Thompson, what the purpose is for markers on Williston Road in the $$pike Road area. She is concerned that there are three huge maple trees which would have to come down in the event construction takes place. Mr. Szymanski said a survey is being conducted by the Champlain Water District to replace a 6 inch main with a 12 inch main, but he would investigate the matter. LEGAL ACTION BY MISS URIE - QUEEN CITY PARK Mr. Senesac informed the Council that Miss Urie is concerned about a right-of-way to her property and may take legal action against the city. Mr. Stearns asked Mr. Szymanski to alert Mr. Ewing that legal action by Miss Urie may be forthcoming. APPOINTMENT ENVIRONMENTAL CONSERVATION AGENCY Chairman Stearns stated he has been informed that the City of South Burlington can appoint an individual to the Environmental Conservation Agency and if interested may write to Mr. Williams advising him of our interest, and that we will be making an appointment. Mr. Stearns requested that Mr. Szymanski so advise Mr. Williams and also asked Mr. O'Connor, Burlington Free Press if he would make it known that we are interested in interviewing anyone having an interest in this particular capacity and that it is a non-paying job. PLANNING COMMISSION REPORT - Dr. Brown Dr. Brown reported that Mr. Allard, Chairman of the Planning Commission, has advised him that he hopes to be ready by September for a combined meeting of the Planning Commission, Zoning Board of Adjustment and School Board, to review work that has been done on updating the zoning and sub- division regulations. He hopes for a target date of January, 1972 for implementation. Mr. Jarvis referred to a letter from Mr. Richard A. Myette, Chairman of the Zoning Board of Adjustment, dated July 15, 1971 in which he requested that the Planning Commission be present at the work sessions of the Planning Commission for updating the zoning and sub-division regulations. Dr. Brown said he does not think the Planning Commission is at this point yet, since they are still reviewing and discussing changes with Terrance Boyle, answering Mr. Boyle's questions etc. Mr. Stearns asked Mr. Jarvis to inform the Zoning Board of Adjustment that they will be brought in for discussion just as soon as the Planning Commission has accumulated all the information necessary for such a meeting. Regarding Mr. Myette's suggestion that appreciation for Mr. Al Reynolds' long and outstanding service on the Zoning Board of Adjustment be expressed in the City Report, Chairman Stearns asked Mr. Szymanski to see that a copy of the Council's Resolution expressing gratitude to Mr. Reynolds be incorporated in the City Report and this same policy should be followed for all individuals cited for outstanding service. No action was taken regarding Mr. Myette's suggestion that Mr. Reynolds be considered for an ex-officio consulting position to the Planning Commission since during discussion on the subject it was noted there might be a problem of available time with Mr. Reynolds' duties on the Board of Civil Authority. REPORT OF BOARD OF CIVIL AUTHORITY Mr. Blais reported that there are about 226 tax appeals pending and the Board of Civil Authority is starting with 8 appeals a night but hope to increase it to twelve a night. Mr. Jarvis asked if the Board could hear the appeal of the City of Burlington on the airport assessment as early as possible and Chairman Stearns asked Mr. Szymanski to write to Mr. Crooks, requesting that he cooperate with Burlington in granting an early date for appeal. Mr. Blais also reported that all meetings of the Board of Civil Authority are public and John Ewing, City Attorney will have a statement for all members in this respect. He stressed the importance of having a quorum present at all hearings, noting that the membership has been reduced by seven members through making appeals to the Board themselves. SPOKESMAN CO-EDITOR Chairman Stearns read a letter from Mr. Gary B. Warner submitting his resignation as co-editor of the Spokesman. Chairman Stearns asked Mr. Szymanski to write to Mr. Warner, expressing the City's gratitude for his services. Mrs. Margo Schweyer is co-editor and is expected to remain. The name of Horace B. Eldred was suggested as a replacement for Mr. Warner. LAUREL HILL SOUTH RECREATION Chairman Stearns stated he has received a call from Michael Call, suggesting a meeting date of August 4th to discuss the possibility of using a portion of the University of Vermont Horticultural Farm land which adjoins Laurel Hill South, for recreation for that area. Chairman Stearns has agreed to meet with him on that date. OTHER BUSINESS Mr. Senesac, Queen City Park said there is a problem of little area for parking in Queen City Park and he has been told by Mr. Szymanski that there are no funds available for this. Mr. Stearns commented that there is enough work to be done so that it must be budgeted but he requested Mr. Szymanski and Mr. Frank Clark give a cost estimate of this work. Letter from C. Harry Behney was read pertaining to the Vermont Property Conservation of Open Land Conference being held at the Pavilion Auditorium on August 17, 1971 from 10 A. M. to 4 P. M. Mr. Blais agreed to attend. The meeting was adjourned at 10 P. M. Approved -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.