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HomeMy WebLinkAboutMinutes - City Council - 04/03/1972SOUTH BURLINGTON CITY COUNCIL MEETING April 3, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road on Monday, April 3, 1972 at 7:30 P.M. Chairman Stearns called the meeting to order with a Salute to the Flag. MEMBERS PRESENT Raymond Stearns Dr. Harold Brown, Jr. Walter Nardelli Kenneth Jarvis Frederick Blais OTHERS PRESENT William Szymanski, City Manager George Smith, Hinesburg Rd. Thomas Schroeder, Woodbine Ave.Frank McCaffrey, Birch St. Charlotte G. Marsh Leo O'Connor, Burlington Free Press Mrs. Waldo Burke Arlene Krapcho, League of Women Voters Wilbur Bull Nan Frymoyer, League of Women Voters On a motion duly made, seconded and unanimously approved, the City Council adjourned its meeting and reconvened as the Liquor Control Board. **************** The South Burlington, Vermont Liquor Control Board met at 7:35 P.M. to consider, approve and sign the following requests for license renewals: I.G.A. (Sav-Mar)50 Airport Road Sheraton Motor Inn (Dunfey)Williston Road Boostertail, Inc.Williston Road Big Ben Pizza Pub. Inc.922 Shelburne Road Airport Restaurant (Airport Circle Drive (International Airport Grand Union Stores Inc. of Vt.Seaway Shopping Center Shelburne Road Grand Union Stores Inc. of Vt.Hinesburg Road Martin Foods Dorset Street Martin Foods Shelburne Road Twitchell's 974 Shelburne Road Airport Grocery 1223 Airport Drive The Great Atlantic & Pacific Co. of Vt., Inc.370-374 Shelburne Road. Mr. Blais moved to adjourn the Liquor Control Board meeting and reconvene the Council Meeting, having approved and signed applications for license renewals. Mr. Nardelli seconded the motion. Approval was unanimous. The Liquor Control Board meeting was adjourned at 7:45 P. M. The City Council meeting was reconvened at 7:50 P.M. Chairman Stearns asked if there were any additions to the agenda. It was unanimously agreed to add the following items to the agenda: 9. Kenneth Jarvis' Report on Meeting with Citizens on March 30 at City Hall. 10. Possible Addition to Articles of Warning MINUTES OF MARCH 27TH MEETING A motion was made by Mr. Nardelli, seconded by Mr. Jarvis, and unanimously approved to approve the Minutes of March 27, 1972 as presented. SIGN DISBURSEMENT ORDERS Chairman Stearns announced that disbursement orders were on the table to be signed before adjournment. CONSIDER DOG COMPLAINT Chairman Stearns informed the Council he had received a recommendation from the Police Department that Mrs. Burke's dog not be licensed because of "its being of vicious nature". Chairman Stearns asked Mrs. Burke for her comments. Mrs. Burke told the members of the Council that her dog, which is now twelve years old, has been leashed for the past ten years. As she was taking the dog outside to leash her, she broke away from her and nipped at a child in the neighborhood. The child had kicked at the dog, she stated. She said the dog had only nipped at someone on one other occasion. She expressed concern that the incident had happened and assured the Council she would do her best to see that it did not happen again. She stated the dog would continue to be leased. She raised the question of the many dogs who are roaming loose in her area (Twin Orchards), in spite of the fact there is a leash law in the city. After a brief discussion, Dr. Brown moved that the Council be lenient this time and not deny the licensing of Mrs. Burke's dog, since the dog is twelve years old now and will probably not have a much longer life span: also since the dog ring will continue to be leashed. Mr. Jervis seconded the motion. During discussion Dr. Brown commented that the Council could not be expected to show any leniency if there is another complaint. A vote on the motion was called and approval was unanimous. Chairman Stearns stated the Police Department has received a complaint from the President of Chamberlain School P.T.A. about the packs of dogs traveling in packs in the school area. He requested the City Manager to instruct the Police Department to investigate the matter and see that the situation is improved. SIGN HIGHWAY CLAIM FOR STATE AID Mr. Szymanski presented forms to be signed by the Council for State Highway Claim for State Aid for Williston Road, in amount of $1,281. Forms were signed by the Council. REVIEW THE WORDING OF THE PROPOSED BALLOT ITEMS Chairman Stearns read the draft of Articles of Warning I through VII to be voted on by Australian ballot on Tuesday, May 16, 1972. A copy of this draft of Warning is filed with these Minutes, Discussion followed. Mr. Blais said he understood Article III would indicate the appropriation of funds would amount to 3¢ on the tax rate, rather than shown as a dollar amount, although he had no objection. Mr. Stearns stated it was his understanding that showing it in the dollar amount was proper if it is to become a part of the city budget for the next fiscal year as an addition to the budget allowable under Sec. 1309 of the City Charter. Mr. Nardelli expressed concern that the ordinary citizen will find it difficult to know what he is voting for. He does not think it is fair to the public and does not believe people understand Section 1309; does not think legal terminology should be put into the Charter which is designed for the people. Chairman Stearns said he raised this same point and was told by the City Attorney that if it is written in layman's language it may not hold up in court. He (Mr. Nardelli) would like to see the City return to the methods used in the City Charter of 1963, which required approval of the voters. This would require that the people vote each year on the amount of money which would be raised, he said. The language in the old Charter is simple and can be understood, he felt. "We are developing a crime for a punishment," he added. Mr. Blais said several months of discussion took place when he was on the Town Government Committee on this section of the Charter. It was felt by the Committee there would be no budget to operate on if the budget was voted down, he stated. He pointed out such a situation occurred in St. Albans a few years ago. Mr. Nardelli said there is no relationship between Grand List increase or decrease and the budget. Chairman Stearns said the only complaint with Section 1309 is the confusion on the allowable increase. However, he believes the incoming government should have a base on which to operate. Thomas Schroeder raised the question of having a paraphrase in layman's language along with the legal terminology on each Article but was told both could not be on the ballot. Mrs. Frymoyer, a member of the present City Government Committee, explained the Committee was trying to clarify this section by saying you go through the regular budget making process, take a look at the limitation and, if you are over the budget either cut it back or ask for approval of the amount you are over. The chief difference, she added, is that you have a guarantee of a base to work from if the amount you are over is voted down by the residents. Dr. Brown commented that he does not find any provision in the Charter in the event of a deflationary period for cost of living decreases. If the Grand List goes down, the tax rate remains. Mr. Nardelli moved that Section 1309 of the City Charter be nullified and be re-written to reflect the traditional budget procedure as written in Chapter II, Charter of the Town of South Burlington, Vermont approved May 15, 1963. The motion died for lack of a second. Mr. Blais moved that the City warn ARTICLES I through VII as prepared by the City Attorney. Mr. Jarvis seconded the motion. Vote on the motion resulted in four in favor, one opposed (Mr. Nardelli). APPOINTMENT TO NATURAL RESOURCES COMMITTEE Mr. Blais reported that, of the three names which were submitted for appointment to the Natural Resources Committee, one of the individuals had moved away, one was not available to serve at this time. The third, Mrs. Everett Bailey is interested in serving on the committee. Mr. Blais moved to appoint Mrs. Everett Bailey to the Natural Resources Committee. Dr. Brown seconded the motion. Discussion followed and Mr. Nardelli suggested that the personal interview usually conducted by the Council be waived, since the City Manager stated he had received no resumes from other applicants. The motion was approved unanimously. SOUTH BURLINGTON'S PLANS FOR WILLISTON ROAD BETWEEN EAST TERRACE AND THE INTERSTATE Mr. Stearns stated the City has been requested by the State Highway Department to give assurances that left turn movements in a westbound direction on Williston Road (U.S.-2) in the Gaynes Shopping Center area would be prohibited by city ordinance (such turns would be made at the proposed jug- handle). The easterly set of signals will be interconnected with those proposed on the new project; and the westerly set of signals now being used for westbound left turns into Gaynes Center will be removed, according to this plan. The left turn into the Sheraton has not been eliminated because traffic would use the Interstate road for a turn-around. A crossing light will be placed at East Avenue. Mr. Jarvis commented that he would like to see all left turns going west eliminated, which would include First National Store. Mr. Stearns stated he and Mr. Blais had met recently with Mr. Mazel, and although he was rather disturbed at first, became quite reasonable. Chairman Stearns suggested that the State Highway Department engineer and our own City Engineer (also our City Manager) meet with the Council and any of the parties involved to see if something can be resolved for everyone concerned. Wilbur Bull asked if the Council would consider waiting on final action on the jug-handle until after that meeting with the idea that there might be changes in the plan. He also asked if the fifth lane would not be a substitute for the jug-handle. Mr. Saymanski stated the State Highway Department had told him the city would have to have six lanes each way. A motion was made by Mr. Nardelli, seconded by Mr. Blais, and unanimously approved to request the City Manager to set up a meeting for next Monday, April 10, at 4 o'clock with the State Highway Department Engineer. City Council, City Manager (City Engineer) and all parties who would be involved in the traffic plans. REPORT BY KENNETH JARVIS ON HIS MEETING WITH CITY RESIDENTS AT CITY HALL MARCH 30, 1972 Mr. Jarvis informed the Council that he had two residents from Queen City Park stop in to talk to him on two questions, which he answered to their satisfaction. Mr. Nardelli moved to adjourn the City Council meeting. Mr. Blais seconded the motion. Approval was unanimous. The meeting was adjourned at 9 P.M. Note: The Executive Session scheduled for tonight to meet with Appraiser Jay Hawthorne on the City reappraisal was postponed until April 10. Approved____ -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.