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HomeMy WebLinkAboutMinutes - City Council - 05/10/1971CITY COUNCIL MEETING May 10, 1971 The South Burlington City Council held a regular meeting at the South Burlington Middle School, Room 142 on Monday, May 10, 1971 at 7:30 P. M. Mr. Behney, Chairman, called the meeting to order. MEMBERS PRESENT Charles H. Behney, Chairman; Raymond E. Stearns, Gregory L. Premo. MEMBERS ABSENT Frederick Blais OTHERS PRESENT Robert Janes, City Manager; William Szymanski, City Engineer; Richard Ward, Zoning Administrator; Eric Loring, Burlington Free Press; Douglas Tudhope; James Lamphere; Mrs. Nen Frymoyer; Mrs. Barbara Bull; Peter L. Jacob; R. W. Emerick; Charles Griffin; Daniel P. Healey; John Richards; Dean Economou; Arthur Shields; Martin B. Paulsen; Kenneth Jarvis; Hal Boutilier; Paul Heald, Charlotte Marsh. ADDITION TO AGENDA A motion was made by Mr. Stearns, seconded by Mr. Premo that the following two items he added to the agenda: 1. Paving Bids - 1971-72 Street Improvements 2. Clarifier Modifications - Airport Parkway Treatment Plant. Motion was unanimously approved. TOPICS PROGRAM Mr. Premo stated that there were two areas in which he wished to address the Council. 1. That the median strip concept will not improve the capacity or safety either on Shelburne or Williston Roads. Businessmen as well as residents are opposed to it and have formed an association to protest it. 2. TOPICS is a 5 year program to improve the capacity and safety of the citizens of South Burlington and he feels the solutions to South Burlington's problems are parallel roads and feeder roads. Furthermore, he added, the South Burlington City Council has passed a resolution objecting to the medians and he requested that Mr. Janes forward a copy of this resolution to the Mayor of Burlington, as well as its City Council, Planning and Traffic Commissions, the University of Vermont. All members of the Council agreed with him and Mr. Janes was requested to take care of this. Mr. Behney noted that TOPICS deals only in existing roads, whereas South Burlington's problem is in providing alternate roads. He also pointed out that the TOPICS Program must be accepted in total or rejected - - it cannot be modified. After discussion, consensus of the Council was that they do not feel that TOPICS recommendations are in the best interest of the city of South Burlington. DISPOSITION OF RED ROCKS SUMMER CAMPS Mr. Janes said he would like to repeat the recommendations he made in his report a week ago, a copy of which is attached to these minutes. Item B - of this report recommends that funding come from the Victoria Hatch gift of $50,000 to the City of South Burlington. However, it is now recommended that the funding come from the sale of five acres on Red Rocks to VELCO and/or B.O.R. Mr. Behney said there is $5,000 seed money in the VELCO option and recommended that it be used. Mr. Stearns requested that Item "H" of this report be combined with Item "C". Item D - All agreed that there should be no burning incorporated and that burial be at upper Farrell Park, as suggested by the Beach, Park and Recreation Committee. ITEMS E & F - Mr. Stearns was very emphatic that the liability of the City should be explored and clarified. Item G - The deadline of July 1, 1971 for completion met with the approval of all members of the Council. Mr. Stearns made a motion that this report be accepted with the foregoing changes and recommendations. Mr. Premo seconded the motion and it was approved unanimously. PAVING BIDS - 1971-72 STREET IMPROVEMENTS Mr. Szymanski submitted a report dated May 10, 1971 showing the following bids: Vermont Paving Corporation $15,871.00 L. M. Pike & Son $16,130.00 Mr. Szymanski recommended that the Vermont Paving hid be accepted. Mr. Stearns made a motion to accept Mr. Szymanski's recommendations that the bid of Vermont Paving Corporation in the amount of $15,871,00 be accepted as per memo dated May 10, 1971. Mr. Premo seconded the motion and it was passed unanimously. BIDS FOR AIRPORT PARKWAY TREATMENT PLANT - CLARIFIER MODIFICATIONS Mr. Szymanski submitted a report showing the following bids: Engineer's Construction $1,530.00 John McKenzie 2,330.00 Berard Construction Co.2,788.00 Murray Construction Co.3,000.00 Mr. Szymanski recommended that the Engineer's Construction Co. bid of $1.530.00 be accepted. Mr. Premo made a motion that the bid of $1.530.00 made by Engineer's Construction be accepted in accordance with Mr. Szymanski's recommendation in his memo of May 3, 1971. Mr. Stearns seconded the motion and it was approved unanimously. The meeting was adjourned at 8:30 P. M. to reconvene in the Library at 8:45 P. M. for discussion and hearing on the water tower on Dorset Street. * * * * * * * Mr. Behney reconvened the Council Meeting at 8:45 P. M. in the Middle School Library. He announced that, as a result of last week's meeting, a public meeting was scheduled for tonight and representatives of HUD, the City Council, the Water Commission, the Champlain Water District, Planning Commission, Department of Water Resources, City Engineer and Executive Director of the Champlain Water District bad been invited to attend. He explained that the meeting is aimed at gaining information relative to the feasibility of upgrading the water facilities in the city of South Burlington in keeping with environmental control aspects and to study possible compromises or solutions with regard to the concern of residents. He asked that discussions be confined to fact searching between the Council and the Champlain Water District and that debate not be made from the floor. He emphasized that there would be time to entertain questions after discussion. Mr. Behney called on Peter Jacob to explain the evolution of water expansion in South Burlington. Mr. Jacob said he believes this is a local problem and discussion should be between the City Council and the South Burlington Water Dept. and not the Champlain Water District. He explained that in 1966 it was determined that there was a need for water storage in both ends of the city. The firm of Webster Martin was engaged to study the situation and they came to the conclusion as to location of water tanks. They must have a certain height - they cannot be too high or too low and must be below the high surface tank in Burlington to get gravity flow. He said the best site is on Old Farm Road but, because of the airport runways, it was impossible to install a tank there. Therefore, Dorset Street was thought to be the next best location. There were no funds available to individual towns and that is why the Champlain Water District was formed. He stated that this tank will be tied in with our present water facilities. The tank on Shelburne Road will be hooked to the one in Shelburne which will provide 1,000,000 gallon stand-by. The tank on Spear Street and Allen Road will be hooked together to provide water for Shelburne and South Burlington. Mr. Stearns noted Mr. Jacob remarks that the tank is our problem and asked: "Why, isn't it for the benefit of the Champlain Water District?" Mr. Jacob, replied that the engineers came up with the idea of serving both the towns of Shelburne and South Burlington. The tanks are needed for fire protection, especially for the outlying areas. Mr. Paulsen, of Paulsen Associates explained that in 1968 Webster Martin made a survey regarding water requirements for South Burlington and estimated 1,500,000 gallons were needed. Mr. Stearns said he still feels the Council should be talking to the Champlain Water District and not the South Burlington Water Department, unless they are building the tanks, and they are not. Mr. Behney asked if the 1,500,000 gallon storage will serve as an emergency for any other community; Mr. Jacob replied in the negative - adding that it will be for storage. Mr. Premo said he understands no city or town has any control over the Champlain Water District and this scares him since anything can be built. Mr. Jacob replied that they have always acted as a governmental agency; there is one representative from each town and is similar to the Council. Mr. Janes asked if the district's functions are governmental rather than proprietary. Mr. Jacob answered that they are governmental. Mr. Behney informed Mr. Jacob that all construction plans should come before the Planning Commission and Mr. Jacob said they had met with the city fathers and the Planning Commission to go over the complete concept. Furthermore, he added, there is a resolution on the books that they will meet with any governmental agency and listen to their advice. Mr. Premo again expressed his concern that they are a governmental agency with governmental rights who could run roughshod. He was anxious to know what precautions are taken to as stare the public that this will not be done, and asked what processes the District went through before deciding on the tower as it is planned now. Mr. Paulsen stated that an updated preliminary plan in 1968 established sizes and heights with the Planning Commission and the Selectmen. The South Burlington Water Department authorized the design as submitted to HUD. Before being submitted to HUD it must have Planning Commission approval, and the State Water Resources Board. Mr. Paulsen further remarked that about a year ago a meeting of all representatives of all towns was held showing where this tank was going and all governing boards of all towns had an opportunity to see it. When asked if there is a cancellation clause for the water tower, Mr. Paulsen said there would be charges for all work performed up to that date. There is engineering work involved; material cost would run 40% and there would be about 50% of the total cost involved in cancellation, which he would estimate to be approximately $82,000 There is also a 16 inch line installed which would serve no other purpose if the tank was cancelled. Discussion next centered on enhancing the tank - - what thoughts have been given by the Champlain Water District and the South Burlington Water Dept. in this respect? Mr. Jacob said his department/South Burlington Water Dept. was considering making the area into a park. However this would mean purchasing more land. They are also considering hiring a firm to look at the site and present ideas for its screening and landscaping; the amount of $500 would be required for this appraisal. Mr. Janes asked: "Why doesn't the District do it?" and Mr. Jacob replied that the District has no money and anything done here in South Burlington might have to be done in other towns. He suggested going through with the study of landscaping and put it to a vote of the people. Mr. Premo asked Paulsen what the alternatives are, considering we are in 1971 and ecology minded. Mr. Paulsen said the price of a more ornate tank would be doubled. It is an engineering fact that the height remains fixed to meet the needs of South Burlington; in order to get storage immediately for the most economy we must have height. Mr. Stearns asked if cost is the overriding factor in this and Mr. Paulsen agreed that it is. QUESTIONS AND COMMENTS FROM THE FLOOR Arthur Shields said he would like to see a document showing Planning Commission approval. Mr. Jacob replied that they had to have its approval or they could not have received HUD funds. It had the approval both of the Regional Planning Commission and the South Burlington Planning Commission. Mr. Shields asked for the date of this approval but Mr. Jacob said he did not have the information with him. Mr. Shields raised the question that the 1,500,000 gallon tank might only suffice for a few years. He wanted to know if the District, according to its charter, can condemn land for this purpose any time. Mr. Paulsen said: "I'm not an attorney and this is a legal question." Mr. Shields was critical of the District for failing to give the size or dimensions of the tank. Mr. Jacob answered that it was an informational brochure which was presented to the residents and it was impossible to put all the facts on this document but it should be obvious that such a size tank would have to be large enough to hold this capacity. Mr. Jacob further stated he had talked to all the civic organizations in town, it was reported in the Burlington Free Press and the voters were asked to approve it as a concept, however the size or dimensions were not given. At the time they were concerned with adequate storage facilities and felt they were requesting a vote on the storage needed. Discussion next centered on rescinding the vote but Mr. Behney said it should have been done within thirty days of the vote. There were suggestions to make it an observation tower. Mr. John Richards, Attorney, said he believes tanks could be installed which would be lower by using a constant pressure pumping system. Miss Charlotte Marsh expressed annoyance at the lack of publicity of tonight's meeting and she did not know when she voted for the Champlain Water District that she was voting for the "atrocious tank on Dorset Street". Paul Heald commented there is a similar situation with VELCO. He believes "this group has jumped too far" and would like to see an outside engineering consultant's views. Mr. Ernest Cohen said he believes the residents are fighting the concept of design and not the concept of water. Concern was expressed by Mr. Shields that the District's charter reads that they can by-pass the Planning Commission. He asked Mr. Tudhope if he was aware that the South Burlington Planning Commission would have no authority over the District when the amendment was introduced. Mr. Tudhope replied that he was not aware of it and if he had been he would not have voted for it. Mr. Shields asked why Mr. Jacob had the amendment made to the charter and Mr. Jacob replied that it was made for a point of clarification and the city attorney ruled that the District is a governmental agency. Mr. Jacobs said the question is in the courts and Mr. Behney over-ruled the question. Mr. Stearns asked: "Did I understand that there is a resolution that they will go to each town with their plans?" He sold he would like to see a resolution sent out that all plans of the Champlain Water District be presented to every town in the District. He does not feel that the control should be taken away from the local authority. Mr. Premo said there is a clause in the charter which permits freedom of action without local approval except when federal funding is needed. Mr. Stearns expressed the belief that nothing can be done about the existing tower but hopes that this will not happen again and that other communities will benefit. A motion was made by Mr. Stearns, seconded by Mr. Premo that the Council consider and issue findings of fact next week based on researched engineering. It was approved unanimously and the meeting was adjourned at 11:20 P. M. Approved. -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.