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HomeMy WebLinkAboutMinutes - City Council - 05/17/1971SOUTH BURLINGTON CITY COUNCIL MEETING MAY 17, 1971 The South Burlington City Council held a regular meeting in the Conference Room at the Central School Building, Williston Road, South Burlington, Vermont, on Monday, May 17, 1971, at 7:30 P.M. MEMBERS PRESENT Mr. Charles H. Behney, Chairman; Gregory L. Premo, Raymond E. Stearns, and Frederick G. Blais. MEMBERS ABSENT None OTHERS PRESENT City Manager Robert M. Janes, Charlotte C. Marsh, City Engineer William J. Szymanski, Police Chief Richard G. Carter, Superintendent of Public Works Frank T. Clark, Free Press Reporter Leo O'Connor, Highway Department Foreman Albert Audette, Acting Chief Assessor Richard Underwood, Jay Hawthorne, Appraiser of residential property; Mr. Leland Calkins, Mrs. Nan Frymoyer, Mrs. Arlene F. Krapcho, Zoning Administrator Richard Ward, Mr. and Mrs. Ernest Auclair, Fire Chief Monell, Mr. George G. Smith, Mr. Everett Allen, and Catherine Hayden, Secretary. MEETING CALLED TO ORDER Chairman Behney called the meeting to order at 7:30 P.M., and all participated in the Pledge of Allegiance to the Flag. PROGRESS AT CENTRAL SCHOOL Chairman Behney observed that with the convening of this Council Meeting government has returned to Central School as Town Meetings were held in this building for many years. City Manager Janes described the location of the offices and the vault, and said thanks were certainly PROGRESS AT CENTRAL SCHOOL, CONTINUED due to our own Interior Consultant, Fred Blais, for the time and effort he is expending in preparing the building for occupancy by the city offices. ADDITIONS TO AGENDA On motion made by Mr. Premo, seconded by Mr. Blais, and voted unanimously, the following items were added to the agenda. a. Read letter in regard to noise abatement. b. Sign note for sewer construction payments. c. Authorize the City Manager to sign agreement, for the relocation of the Holiday Inn entrance. d. Read letter of resignation from the Natural Resources and Winooski Park Authority Committees from Mr. Wallace Hill. e. Red Rocks discussion f. Proposal to Board - Fred Blais READING OF THE MINUTES OF MAY 3, 1971 Chairman Behney noted that in paragraph 1 of Agenda Item "Farrell Park Tennis Courts", the name Chairman Behney should be corrected to read Chairman Breen, and Mr. Blais pointed out that the first page of the minutes was dated May 5 and should be corrected to May 3, 1971. Mr. Blais then made a motion to accept the minutes as corrected. The motion was seconded by Mr. Premo and passed unanimously. DISBURSEMENTS TO BE SIGNED Chairman Behney reminded the men that the disbursement orders were on the table for signatures before adjournment. COUNCIL'S STATEMENT OF ITS REVIEW OF CHAMPLAIN WATER DISTRICT'S PLANNING AND CONSTRUCTION IN SOUTH BURLINGTON Chairman Behney reported the Council had considered all the issues in its study of the Champlain Water District's activity in South Burlington and had agreed on the following findings of fact: COUNCIL FINDINGS REGARDING PUBLIC MEETING WITH CHAMPLAIN WATER DISTRICT The Council finds that the Champlain Water District tower construction on Dorset Street is regrettably destined beyond economic recourse; therefore the Council will not persue any hold-up of construction, however BE IT RESOLVED: That the Champlain Water District consent to enter into a binding legal agreement to consult with all community planning and legislative bodies before proceeding with any new construction programs, and, BE IT RESOLVED: That all construction be coordinated with the City Engineer and all construction areas closed in accordance with the community's standards, and BE IT FURTHER RESOLVED: That the Champlain Water District give full consideration to all environmental aspects in its future planning. In addition to action by the Champlain Water District, the Council requests the South Burlington Water Commissioners to expend monies up to five hundred ($500) dollars for planning the landscaping, aesthetics, and multiple use of the Dorset Street Water tower and the contiguous land at the site, said monies to be paid through Water Department revenues. South Burlington City Council Mr. Stearns made a motion to accept the Council's findings and to bring them to the attention of the Water District and the Water Department. Mr. Premo seconded the motion which passed unanimously. COUNCIL TO ACT UPON CITY MANAGER'S LETTER OF RESIGNATION Chairman Behney said the Council had received a letter of resignation from City Manager Janes, to be effective on June 18, 1971, stating that Mr. Janes would be starting a new position as Town Manager of Williamstown, Mass. on June 21, 1971. COUNCIL TO ACT UPON CITY MANAGER'S LETTER OF RESIGNATION, CONTINUED Mr. Stearns made a motion to accept the resignation with regret. Mr. Blais seconded the motion which passed unanimously. Councilman Premo, speaking of Mr. Janes tenure, said that Bob came into the town when things were hectic, to say the least, and took over in an effective and gentlemanly manner. Miss Marsh suggested a standing vote of thanks for what Mr. Janes has accomplished, which suggestion was enthusiastically followed. Mr. Janes spoke briefly, saying he certainly would miss the excitement and said he was pleased to have received letters with complimentary comments on his term as town and city manager, and with good wishes for his future. COUNCIL ACTION TO REBATE TAXES ON RED ROCKS CAMPS WHICH WERE SIGNED OVER TO THE CITY BY QUIT-CLAIM DEED Mr. Stearns moved to honor the promise to rebate personal property taxes paid on the Red Rocks camps as of the date quit-claim deeds were received in accordance with the Council's previous position. Mr. Premo seconded the motion which passed unanimously. RED ROCKS DEVELOPMENT Chairman Behney reported that Mr. Forrest Orr feels that part of the cost of demolishing and improving Red Rocks may be funded under B.O.R., but the services and costs of labor and equipment must be determined before any decision is made. Mr. Stearns said the City should get the plan approved and to B.O.R. by June 1, 1971 for approval before we can start any work. RED ROCKS DEVELOPMENT, CONTINUED Mr. Stearns further asked that the Beach, Park and Recreation Committee be notified in writing about the requirements to be met before it can receive B.O.R. approval. Mr. Clark, Superintendent of the Department of Public Works, said he is already working on the figures for the cost of labor and equipment. COUNCILMAN BLAIS' PROPOSAL Councilman Blais reported that a party had asked permission to remove one of the camps from Red Rocks, by sections, the removal to be completed in a month's time. Chairman Behney wondered if allowing such action would not attract additional personnel to the site, which he said would be dangerous from a liability point of view. He also noted no mention was made of cleaning up the site and the foundation area. Mr. Stearns said he also was disturbed at the thought that such action would attract additional people. Mr. Blais asked if it would be in order to have the Town Attorney research the legal aspects as to liability, etc., and Mr. Premo remarked that he felt the interested party should pay for any legal costs of such a research. Mr. Blais said there was nothing that said the owners' were going to take the camps, and also, if a camp was taken it would reduce the city's cost in the total project. He felt we could pay for a half hour or so of the City Attorney's time to get a legal opinion. COUNCILMAN BLAIS' PROPOSAL, CONTINUED After further discussion Mr. Blais asked that the City Attorney be questioned about the legal ramifications of such action, and Mr. Clark be asked what degree of difficulty would result to the total project if permission was given to remove the one camp. He then asked to table any action until the next regular meeting. Chairman Behney reported that the equipment and men will be will covered by insurance if the project is undertaken. REVIEW OF SEWER FUNDING, MANAGER'S REPORT City Manager Janes reported the estimated Phase IV project cost summary to May, 1971, is presently $1,433,969.07 - tabulation of funds to be made available for the project is as follows: Cash (i.e. obligated to date from $200,000.00)$62,646.86 General Obligation bonds 340,000.00 State Aid (30%)391,471.24 Federal Aid under PL660 (55%)*639,850.97 $1,433,969.07 *Percent of eligible portions only Contract #4 not bid at present. ESTABLISH TIME, DATE, AND PLACE OF NEW COUNCIL'S REORGANIZATION MEETING Chairman Behney requested a decision on the time, date, and place of the new council's reorganization meeting, at which time the new members would be sworn in, and the Chairman, Vice-Chairman, and Clerk elected. There was general agreement to hold the Reorganization Meeting in the Conference Room at Central School on Wednesday, May 19, 1971, at 4 P.M. SANCTION OF USE VARIANCE - HARRISON HAMPEL, 67 PROCTOR AVENUE On motion made by Mr. Stearns, seconded by Mr. Blais, and passed unanimously, the Council approved the above Use Variance. SANCTION OF USE VARIANCE - HARRISON HAMPEL, 67 PROCTOR AVENUE Zoning Officer Ward had reported that Mr. Hampel had received permission on May 5, 1971 from the Zoning Board of Adjustment to convert a 13' X 17' one-story barn into a painting and drawing studio. SIGN NOTE FOR SEWER CONSTRUCTION PAYMENTS City Manager Janes presented a 90 day note as prepared by City Clerk Paquin, in the amount of $165,000.00 with interest at the rate of 3.10%. City Engineer Szymanski explained this note was to cover sewer construction expenses through this month. It was considered, approved, and signed by the councilmen. AUTHORIZE THE CITY MANAGER TO SIGN AGREEMENT FOR THE RELOCATION OF THE HOLIDAY INN ENTRANCE City Manager Janes explained that City Attorney Ewing and the Harper Hotels (Holiday Inn) Attorney are finalizing the items in the easement agreement being drawn up for approval and signature by both parties. The Council voted to authorize the City Manager to sign the easement agreement if the liability question is cleared up and approved by the City Attorney. RESIGNATION OF WALLACE HILL Chairman Behney read a letter of resignation from the Natural Resource Committee and Winooski Park Authority from Mr. Wallace Hill. Mr. Premo made a motion to accept Mr. Hill's resignation from both committees with regret. Mr. Stearns seconded the motion which passed unanimously. COMPLAINTS RE: NOISE Chairman Behney read a letter from Mr. Robert Larson and Mr. Wallace Christensen, in which the men asked if the Council would consider enacting a noise abatement ordinance. Chief Carter explained what controls we have over such violations, saying unnecessary noise was in the category of a "breach of the peace". The City Manager was instructed to answer the letter, notifying the complainants that the City's Planning Consultant, Mr. Boyle, would be instructed to include a noise abatement ordinance into the revised Zoning Ordinances now being written. COUNCIL REVIEW OF PROPOSED 71-72 BUDGET VERSUS REAPPRAISAL Chairman Behney reported that he had conferred with Mr. Arthur Bradshaw of the State Tax Department about the taxes being levied on farm properties and said Mr. Bradshaw is a firm believer in the importance of retaining active farms and green open spaces. He said the increase in taxes is liable to lead to the sale of farm properties and the construction of new developments. Mr. Jay Hawthorne, Appraiser, explained the types of adjustments available to farm owners, saying he advocated adjustment as established by a vote of the community, noting this had been done in the towns of Norwich, Dorset, and Springfield, Vermont. Acting Chief Assessor Underwood said the Grand List is now estimated at about $540,000, and the tax rate for the Area Sewer Charge is estimated to be around .47 cents. Mrs. Arlene Kraphcho said her interpretation of the City Charter was that although the City's budget does not exceed the allowable 10% increase it did exceed the allowable 5% increase in the tax rate, and questioned why the budget did not have to be voted upon. Chairman Behney and Councilman Blais both explained the reason for this, saying it had been researched for legality by the City Attorney, and the adopting of the City Charter and the reappraisal has had an effect on determining the tax rate increase. Mr. Hawthorne and Mr. Underwood gave the time-table of the mailing of grievance notice and said the hearings are set for June 1,2,3,4, and 7. Mr. Hawthorne explained they any property owners who appeared at the grievance hearing and did not agree with the assessors' findings could appeal to the Board of Civil Authority, and then to either the State Appeal Board or the Chancery Court. Councilman Blais asked when the Commercial Appraisals would be completed, and was told that the state people expected to finish about May 26, 1971. Mr. Blais suggested that Mr. Underwood obtain an estimate for having the commercial property appraisals printed and mailed to every city resident. Councilman Stearns asked Mr. Hawthorne to put in writing what steps can be taken to give relief to the large land-owners. Mr. Hawthorne said he would see that this was done. SPEED LIMITS ON ROUTE US-7 and ROUTE 116 Chairman Behney read a letter from the Vermont Department of Public Safety in which the following action was taken in answer to our requests: SPEED LIMITS ON ROUTE US-7 AND ROUTE 116, CONTINUED "1. ROUTE US-7 from the South Burlington - Shelburne Town Line northerly to the present 35 MPH speed limit It was recommended that the present 50 MPH remain unchanged. On 29 December 1970 the Highway Department installed a series of warning signs with the legend WATCH FOR TURNING TRAFFIC. 2. Route 116 from the present 35 MPH speed limit southerly. It was recommended that the present 35 MPH speed limit established by the Vermont Traffic Committee on 20 October 1958 be extended southerly to approximately 1000 feet south of the intersection of State Aid Highway No. 9 (Kennedy Drive). The signs covering this extension will be installed as soon as the Highway Department's schedule will allow. 3. Route US-7, Present 35 MPH In the near future, a new certificate will be forwarded to the City Clerk transferring jurisdiction from the Town to the City of South Burlington." TRIBUTE TO CHAIRMAN BEHNEY Chairman Behney spoke in regard to this being the last meeting that he would sit in on with this Council. He said he felt it had been a very good year for South Burlington, and charged the new Council to persue its duties as its heart and conscious dictates. Chairman Behney was given a standing ovation in honor of his successful term of office as Clerk of the Board, and Chairman of the Board and the Council. Mr. Premo made a motion to adjourn, the meeting at 9:45 P.M. Motion seconded by Mr. Stearns and so passed. Approved Gregory L. Premo, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.