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HomeMy WebLinkAboutMinutes - City Council - 09/13/1971CITY OF SOUTH BURLINGTON COUNCIL MEETING September 13, 1971 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road at 7:30 P. M. on September 13, 1971. Chairman Stearns called the meeting to order, with a Pledge of Allegiance to the Flag. A minute of silence was observed in respect to Senator Winston Prouty, U. S. Senator from Vermont, who passed away recently. MEMBERS PRESENT Raymond E. Stearns, Chairman; Walter Nardelli; Frederick G. Blais; Kenneth Jarvis; Dr. Harold P. Brown, Jr. MEMBERS ABSENT None OTHERS PRESENT William Szymanski, Acting City Manager -F. C. McCaffrey Richard Ward, Zoning Administrator -George G. Smith Jay W. Hawthorne -Albert C. Audette Howard W. Turner -Charlotte C. Marsh Richard Underwood -Edwin H. Blakely, Burlington Ralph B. Goodrich, Goodrich Construction Co. -John Cain, Burlington Stanley Wilbur, Webster Martin, Inc. -Tom Schmidt, Burlington Airport Leo O'Connor, Burlington Free Press -John Ewing, City Attorney Nan Frymoyer, League of Women Voters of So. Burl. Arlene Krapcho, " " " " " Barbara Bull, Chairman of Natural Resources Comm. ADDITIONS TO AGENDA A motion was made by Mr. Blais, seconded by Mr. Jarvis to add to the agenda: 9. Consider the granting of a license to sell beer and wine to Grand Union Stores, Inc. of Vermont, 41 Hinesburg Road, South Burlington, Vt. Petitioner: Antonio Pomerleau Motion was approved unanimously. Mrs. Nan Frymoyer asked if a committee to look into conflict of interest problems has been appointed. Chairman Stearns stated that this will be discussed tonight. Mrs. Frymoyer also announced that the South Burlington League of Women Voters is sponsoring a public meeting on "Housing", which will be held at the Middle School, Dorset Street Tuesday evening, September 21, 1971 at 8 o'clock. Chairman Stearns thanked Mrs. Frymoyer far the invitation to attend the meeting but stated that members of the Council would be meeting with the Board of Civil Authority on assessment grievances and would be unable to attend the League meeting. MINUTES OF AUGUST 16, 1971 A motion was made by Mr. Nardelli, seconded by Mr. Jarvis, to approve the Minutes of August 16, 1971 as presented. Approval was unanimous. DISBURSEMENT ORDERS Chairman Stearns reminded the members of the Council that disbursement orders were on the table to be signed before they adjourned. SIGN SEWER CONSTRUCTION PHASE IV, CONTRACT 4 - LOWER LYONS AVE. & RED ROCKS AREA Mr. Szymanski reported that Ralph B. Goodrich, Inc. is the low bidder on this project at $44,830.01 After a brief discussion, Mr. Blais made a motion that the low contract bid of Ralph B. Goodrich, Inc. of $44,830.01 be accepted, and that Chairman Stearns be authorized to sign the contract. Mr. Jarvis seconded the motion and it was unanimously approved. Mr. Stearns made note of the fact that with the completion of this project, all of Queen City Park sewer construction will be completed and Bartletts Bay and Lake Shore will be the only areas without sewers. REVIEW LATE TAX PAYMENT PENALTY WAIVERS Memoranda from Alyce C. Piche, Deputy Tax Collector of South Burlington, certifying that tax penalties on persons named in memoranda regarding Poll Taxes should be waived. Copies of memoranda are filed with these minutes. Mr. Nardelli moved that Mrs. Piche's recommendations for abatement be upheld. Dr. Brown seconded the motion and approval was unanimous. STATUS OF B.O.R. FUNDING OF RED ROCKS DEVELOPMENT Mr. Szymanski reported that a project number has been assigned and this is now in federal hands. Mr. Peter Bergh, Mr. Szymanski and a federal man inspected the Red Rocks site about a month ago and the federal representative was favorably impressed. The status now is that we are awaiting a reply from B.O.R., Mr. Szymanski added. Chairman Stearns asked if anything has been done regarding removal of buildings at the owners' expense. Mr. Szymanski said he is awaiting word from the Federal Government before proceeding. He has consulted John Ewing, City Attorney, about this and Mr. Szymanski will take care of it when he hears from the B.O.R. MEETING WITH BURLINGTON AIRPORT COMMISSION RE: AIRPORT TAXATION Thomas Schmidt, Manager of the Burlington Airport, John Cain, Attorney and Edwin H. Blakely appeared to represent the Burlington Airport in the discussion of the airport appraisal. Chairman Stearns noted that there is a history going back a few years on airport taxes. He referred to a memorandum dated September 8, 1971 from Richard J. Underwood, Chief Assessor, a copy of which is filed with these minutes. According to the memorandum, total acres of airport land in South Burlington is 535, of this total 130 acres purchased with state funds, leaving 405 acres taxable by South Burlington. Mr. Howard Turner, State Tax Appraiser, using comparable sales in this area came up with a per acre price of $1,000. 405 acres at $1,000 per acre amounts to $405,000. According to Mr. Underwood's memorandum, the Burlington Airport is also responsible for paying in lieu of Personal Property Tax, an amount of 75% of the land value, or $303,750. In addressing the representatives of the Airport Commission, Chairman Stearns said: "You are objecting to the split in acreage and objecting to the basis of appraisal of personal property". He said, in his opinion, their approach should be to the Board of Civil Authority, and should not put the Council in the embarrassing position of not cooperating. "You cannot expect the Council to come up with any assured figures until we know what adjustment will be given. Until we know what the figure is, we are not in a position to say what we can do". Mr. Schmidt stated they are questioning the basis of appraisal. Lands purchased with state funds should be figured on the period preceding acquisition, or about 1930, also additional payment should not exceed 75% of the appraisal of the land. Chairman Stearns still felt the proper channel to follow is through the Board of Civil Authority and asked Mr. John Ewing, City Attorney for his comments. Mr. Swing agreed that this was the proper procedure and if adverse results were encountered from the Board of Civil Authority, appeal could be made to the Tax Commissioner or the Court. Mr. Blais stated: "If we do enter into a tax stabilization contract we must have a figure to proceed on. We must let our people know the basis on which we will proceed." Mr. Cain said the question is whether South Burlington wants to participate in some manner in which the Airport Commission can go ahead and build a new terminal building. They cannot go ahead now. Mr. Stearns noted that the City of Burlington does not contribute from their revenues to the Airport. He then asked if Essex, Winooski, Williston, Colchester, or any other community contributes to it. "You are asking us to make a contribution from our tax coffers to the Airport Commission and we would be the only community in the entire area making such a financial contribution. We give police protection, fire protection - - - you are asking more from us than any other community in the area." Mr. Cain agreed, adding that it is their intention that a representative from South Burlington have a part in decision making in the future. Chairman Stearns went on to say that he dislikes the stigma that has been placed on South Burlington and requested the record show this. Mr. Blais said: "If you go to the Board of Civil Authority and there is an unfavorable decision, it still does not preclude talking on a tax stabilization contract regardless of the outcome." Mr. Nardelli said: "You are speaking for yourself." Mr. Cain said time is of the essence in building the terminal and they are anxious to get going during this building season. Mr. Stearns replied that no mention had mean made that there was anything wrong with the method of appraisal and that is the avenue that should have been followed right from the start and also pointed out to Mr. Cain that the Airport Commission never showed up after sending a letter to the Board of Civil Authority regarding the appraisal. Mr. Cain said: "If we are equated as a commercial taxpayer, you cannot make us happy." Mr. Blais explained that South Burlington wants to reflect with the State as accurately as possible to take advantage of State Aid to Education. Mr. Howard Turner noted that he tried to find out how much was in lieu of taxes and how much was not. He found no record of acreages at the airport. He asked Mr. Janes (former City Manager) for permission to talk with the City Attorney and get permission to do this the way the law was written. Mr. Ewing and Mr. Janes agreed that he should get the figures that Burlington had. He went to the Airport and was given the information that was available and he used this - - prior to 1941 and after 1946 and from these figures he obtained the basis for "in lieu of taxes". He felt that the proper place for any tax concession to be allowed is at the tax stabilization level and that the Council has approached the matter correctly. Mr. Turner added: "Are you talking about personal property at the airport or the property that would be here if the City of South Burlington was not. If there are tax abatements to be given it is just like adding on a tax." Mr. Stearns said South Burlington has no intention of trying to gouge Burlington and if the Board of Civil Authority feels concessions should be made, it will be considered. Mr. Schmidt asked if the Board of Civil Authority could make a decision soon and Chairman Stearns promised speed and that a decision would be made within a week of inspection. He would request that the Board of Civil Authority meet with the Airport Commission next week. Mr. Jarvis commented that he dislikes the editorials which have been appearing in the news media which he feels are written to influence the Council's opinion. "If these figures are undisputed, we cannot answer the people of South Burlington, "he stated. Miss Charlotte Marsh stated that, in her opinion, the Airport Commission should go before the Board of Civil Authority as she had done and everyone else who had a grievance had done. Mr. Cain wanted to make it clear that it would not be the end of the Airport if the new terminal building is not built, but the traveling public cannot be taken care of properly without it. Members of the Airport Commission thanked the Council for the hearing and agreed to meet with the Board of Civil Authority as soon as a date could be set. DISCUSSION ON HIRING A PART-TIME ASSESSOR ON A PER-DIEM BASIS Mr. Jay Hawthorne stated that since April 1, 1971 something has been happening every day and the card system just completed in April must be kept up to date. In many cases sales must be covered, improvements to properties checked, permits for additions, etc. should be inspected. There is also the routine business of people asking what their property is appraised at and the methods used for determining same. He stated there is a lot of activity in South Burlington and believes there could be some improvement in the records. Mr. Stearns asked Mr. Hawthorne if he would write up some of these policies and he replied that he would put them in a manual form. He also stated that he believed there should be liaison with our representatives in Montpelier to keep us informed of what is being done. Mr. Stearns asked how soon he thought South Burlington would grow into a permanent third person in the Tax Department. Mr. Hawthorne replied it would not be necessary this your, but within a year or two there should be a Chief, Assistant and a first-class Clerk. Mr. Nardelli agreed with this statement, adding that he had worked in the Listers' Office this summer. He believes there should be another person being broken in, Mr. Richard Underwood, Chief Assessor stated he has not started on any of this year's work as yet. Mr. Jarvis referred to Mr. Hawthorne's letter of August 16, 1971 to Mr. Underwood, and asked what type of contract he is now under. Mr. Hawthorne answered that his contract would be from September 1, 1971 to July 1, 1972. As of September 14, 85% of the residential hearings on appraisals are complete. After a brief discussion, a motion was made to table this matter and to take it up in executive session, by Mr. Jarvis. Mr. Blais seconded the motion and it was approved unanimously. PAYMENT OF COUNTY TAXES Mr. Szymanski presented a financial statement given by Judges Gaynor and Moore. The amount of $81,057.81 is a building fund to acquire property, Mr. Szymanski was told. He asked that they come before the City Council to discuss this matter of county taxes but they told him they did not travel at night and would not appear. Discussion centered on the amount of $89,782.07 which is in a savings account with Mr. Stearns stating South Burlington's tax bill should not be doubled and the money placed in a savings account. Mr. Jarvis felt pressure should be applied to have the legislators change the law. Mr. Blais stated he does not think the City should sit idly by and pay it but should take it to the courts. Mr. Jarvis made a motion that the tax be paid. Mr. Nardelli seconded the motion. Mr. Jarvis and Mr. Nardelli voted in favor of the motion. Doctor Brown and Mr. Blais voted against the motion. Chairman Stearns voted against the motion and it was defeated 3 to 2. PARK AND RECREATION DEPARTMENT Mr. Blais outlined his ideas in making three committees of the Park and Recreation Committee: 1. Recreation. 2. Natural Resources. 3. Committee on Fine Arts. These committees would be responsible directly to the City Council and he believes it will broaden the areas listed. He has talked with Mrs. Barbara Bull, Tom Breen and Ethel Schuele and they concur with his ideas of making three separate committees. Mr. Blais asked permission to get together with the committees for further discussion and report back to the Council. All members of the Council agreed. Mrs. Krapcho, League of Women Voters, asked if a neighborhood park committee has been considered. Mr. Blais replied that this can be taken care of through the Natural Resources area. Mr. Stearns stated the Council will instruct the Planning Commission to require that all future developments be required to furnish areas for recreation. He requested that names of all members of these committees be available for the next Council meeting on September 20, 1971 at 7:30 P. M. and asked that anyone who had names to be presented should give them to Mr. Blais by next Monday. Miss Marsh read a statement on burning rubbish and also asked if the financial statement in the City Report could be more simple. Chairman Stearns said the budget will be discussed at the Steering Committee meeting on September 23, 1971 at 7:30 P. M. at the City Hall. Mr. Nardelli moved to adjourn the Council Meeting. Doctor Brown seconded the motion and approval was unanimous. The meeting was adjourned at 9:30 P. M. LIQUOR CONTROL BOARD The South Burlington Liquor Control Board convened at 9:35 P. M. on September 13, 1971 at the City Hall on Williston Road to consider, approve and sign application for a license to sell beer and wine for Grand Union Stores, Inc. of Vermont, 41 Hinesburg Road, South Burlington, Vermont by Antonio Pomerleau. Scheduled date of opening is October 12, 1971. Mr. Blais made a motion that the request for license be approved. Mr. Nardelli seconded the motion and it was approved unanimously. Mr. Blais moved to adjourn the Liquor Control Board and go into executive session. Mr. Jarvis seconded the motion and it was approved unanimously. The City Council adjourned the executive session and reconvened the Council Meeting at 10 P. M. to announce that Mr. David L. Cleary has been appointed City Grand Juror. A motion to adjourn the Council meeting was made by Mr. Blais, seconded by Mr. Jarvis and approved unanimously. Meeting adjourned at 10:05 P. M. Approved Walter Nardelli, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.