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HomeMy WebLinkAboutMinutes - City Council - 08/21/1972SOUTH BURLINGTON CITY COUNCIL MEETING August 21, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road on Monday, August 21, 1972 at 8:00 P.M. Chairman Frederick G. Blais called the meeting to order with a Salute to the Flag. MEMBERS PRESENT Frederick G. Blais Walter Nardelli Dr. Harold Brown, Jr. Brian J. Gee Michael D. Flaherty OTHERS PRESENT Charlotte C. Marsh Kay Neubert Anna Johnaton David G. Boulanger William J. Schuele F. McCaffrey George S. Smith Arlene F. Krapcho Jacquelyn Rut Kowski Chris Hapner, Free Press Dr. Farmer Jeannie Clermont, Secretary READING OF MINUTES OF MEETING OF AUGUST 7, 1972 Chairman Blais asked if there were any additions or corrections to the Minutes. Dr. Harold P. Brown, Jr. requested that on page 4, line 10, "everyone" be changed to "many"; on line 10 after "tell us", insert "all", on line 11 after "where", insert "exactly", after "it's", insert "all", after "go", insert "down to the last detail"; on page 5, the last sentence after "no", insert "final"; on page 6, line 7, "house" to "hours"; on page 9, end of second paragraph "$10,000" to "$9,000"; and insert after that, "And Juster Corporation said they were signing a $15,000 contract". Mr. Nardelli moved to accept the Minutes as corrected. Chairman Blais seconded. Approval was unanimous. DISBURSEMENT ORDERS SIGNED Chairman Blais said disbursement orders were on the table and asked that they be signed. SIGN HIGHWAY AND POLICE UNION CONTRACTS Chairman Blais commenced by stating that both the City Manager and the City Attorney had reviewed the contracts and had had no questions. Representatives of the Police Department then appeared and were asked by Chairman Blais if they had any comments. One representative asked, "Is a man eligible for one week's vacation after a six months' period?" Chairman Blais said he thought it depended on the word "permanent" as related to an employee's beginning of a sixth-month period, whether it begins at the time he starts work or whether it begins after the three months' probationary period. Mr. Flaherty said that it does not say that a man has to be a permanent employee for six months to get his vacation and also said there was no mention at all of the probationary period at all from the date of employment. Chairman Blais then said let us sign the contract with the understanding that we will get clarified "permanent employee as related to vacations under Article 15 on page 6 of the Police Union Contract". Mr. Nardelli then added "And whether there is any conflict relative to the personnel rules and regulations". Mr. Flaherty then moved to approve the signing of the contract. Mr. Nardelli seconded. Motion was unanimously passed. The Police representatives then left and the Highway representatives came in. Chairman Blais asked if they had any questions or comments. They said "no". Dr. Brown then asked if the question the Police had should be brought up. It was agreed not to. Chairman Blais then told the Highway representatives that the question the Police had would be clarified and they would be so notified. Mr. Nardelli moved to approve the signing of the contract. Dr. Brown seconded. Motion unanimously passed. SIGN THE LAND LEASE AGREEMENT BETWEEN THE CITY AND THE U. S. FOREST SERVICE FOR USE OF TWO ACRES OF CITY LAND ON AIRPORT PARKWAY Chairman Blais began by reading a description of the property: An irregular parcel situated along the Westerly side of Berard Drive and Northerly of Airport Parkway. The parcel is approximately 600 feet in length and approximately 200 feet at its widest point. The area encompasses approximately 2 acres. Chairman Blais said it would be used for forestry research and the contract had been reviewed by the City Attorney. Mr. Flaherty asked when it would become effective. Chairman Blais said as of the first day of November, 1972 and remain in effect until the first day of November, 1977. Mr. Nardelli then moved to approve the contract. Dr. Brown seconded. Motion unanimously passed. SIGN TELEPHONE COMPANY'S PETITION FOR THE INSTALLATION OF AN UNDERGROUND CONDUIT AT THE SPEAR STREET - EAST TERRACE - WILLISTON ROAD INTERSECTION Chairman Blais stated that the telephone company would take the lines off the poles and put them underground. He also said that the City Manager had reviewed the plan and had no objections. Dr. Brown asked what this would mean in footage. Chairman Blais said 740 feet on Spear Street, 280 feet on East Terrace, coming up Main Street and then Patchen Road to Kennedy Drive. Dr. Brown moved to approve the signing of the contract. Mr. Nardelli seconded. Motion unanimously passed. DAVID BOULANGER'S REPORT ON THE WINOOSKI VALLEY PARK DISTRICT David Boulanger began by stating he was from Oak Hill Drive, South Burlington. He said the Council appointed him to represent the City of South Burlington at the Winooski Valley Park District. The first thing the committee did was to submit for voting the joining of the park district to ten towns along the river, from the mouth to Essex. Burlington, South Burlington, Winooski and Essex voted to join. He said Dr. Farmer of Burlington, Tom Baroon of Essex, Mrs. Rut Kowski of South Burlington, and himself had drafted and had accepted by-laws. One of their jobs was the planning, the acquisition and the management of lands acquired by them for conservation, recreation parks, and natural areas in the Winooski valley. He said they had a great deal of reference material with which to plan by. One of the problems was the allegiance to the City and the allegiance to the park district and to differentiate between the two the members needed to know what the people wanted in this line. He said they were working to get funds from HUD and BOR. Mr. Boulanger said they were consulting with people from Natural Resources, Winooski Model City people and many others. He said they needed $200 for legal services, stamps, etc. He said their right to acquire land or an interest in land was a big asset. In fact, Green Mountain Power had offered them a choice of any area within a 370 acre plot. He mentioned that things were coming so fast that they would lose out on many opportunities and that the committee would soon be asking for a part-time executive director. He said they anticipated no need for funds for facilities because the Chittenden County Regional Planning Commission was letting them use its facilities. He also said in acquiring an interest in land, the owner could go to the assessors and get a reduction in taxes. He said this was a big incentive and with an interest in land for 15 to 20 years they could get 50 - 50 funding. He mentioned that many fine documents had been written about the area and wondered if they were still valid. He then asked for questions, comments, etc. Dr. Brown asked if any other towns could use these areas and if they could join. Mr. Boulanger said "Yes" but approval of the joining of a town would have to go through the four original towns. He also said that if they were given a gift in a non-member town he was sure they could accept it but doubted if they could develop it. Mr. Flaherty asked if one town's withdrawal could kill the plans. Mr. Boulanger said "no"; just postpone some of the projects already started in that town which would be picked up again if they decided to rejoin. Chairman Blais asked when the agreement with Green Mountain Power would be drawn up. Mr. Boulanger said he didn't know as it happened so fast. Chairman Blais then asked if they had any particular agreement in mind. Mr. Boulanger said they had several options open to them. Mr. Nardelli asked if they had a practical plan that would involve South Burlington. Mr. Boulanger said they were relying on previous plans for the City and would like the Council to go back and ask for an update on these plans. Kay Neubert asked if they had any landowners on the river. Mr. Boulanger said four or five. Miss Marsh asked why things couldn't be left in their natural state. Mr. Boulanger said fifteen years ago you couldn't get near the river, now you can. In order to keep it looking well, you need management. Miss Marsh said she thought it was too bad to start building on all this natural scenery. Dr. Brown asked how they planned to get money. Mr. Boulanger said from the regular town budgets and from voluntary help to do some of the things. Mr. Nardelli asked what their first priority was. Mr. Boulanger said to get the people's ideas. A person asked when they had to go to the state. Mr. Boulanger said by mid-October. Arlene Krapcho asked how they proposed to figure the cost to each town. Mr. Boulanger said by 1 percent on the population. Mrs. Krapcho then asked how they planned to have the directors if some towns pulled out. Mr. Boulanger said it was staggered so only a third left at a time. Mrs. Krapcho then asked when they want a director. Mr. Boulanger said right now. Mr. Nardelli said he would like to head up a ticket campaign to help the group. Chairman Blais thanked Mr. Boulanger for his in-depth talk. Mr. Boulanger said from time to time he would like to come back with reports. Dr. Farmer then complimented South Burlington on choosing Mr. Boulanger. ACTION BY THE CITY COUNCIL GRANTING APPROVAL OF SOUTH BURLINGTON SENIOR CITIZENS TAKING PART IN ADULT EDUCATION COURSES FREE OF CHARGE AS SPONSORED BY THE FINE ARTS COMMITTEE. THE EXPENDITURE WILL NOT EXCEED THE BUDGET AMOUNT OF $200. Chairman Blais read the action and then turned it over to Michael Flaherty for discussion. Mr. Flaherty stated that he was approached at the end of July to start a program of adult education for senier citizens which would give them a chance for taking a greater part in the community. This education would be free of charge. Mr. Schuele said there was $200 on the agenda but $500 in the budget. Chairman Blais said he thought there was general approval of the idea but he thought the program should be run by the Recreation Department. Mr. Nardelli asked why they couldn't broaden it out and also asked for a definition of senior citizen. Chairman Blais said he thought the Recreation Department's budget should support it. Arlene Krapcho said she hadn't heard of any evening courses. Mr. Schuele said that if not enough people signed up for a course it was not given. He also said that the $500 was set up as an emergency fund for use if somebody broke a piece of equipment or something similar. Dr. Brown mentioned 65 for an age. Kay Neubert said it should be younger than that. Mr. Flaherty said they ought to take it to finance and let them accept. Mr. Nardelli moved to approve South Burlington Senior Citizens taking part in adult education courses free of charge. Mr. Flaherty seconded. Motion unanimously passed. Mrs. Krapcho then asked about evening courses again and Mr. Nardelli said South Burlington gave them. PROGRESS REPORT ON THE NEW SIGN ORDINANCE Chairman Blais said the attorney of the City had reviewed it; the Committee was expected to review it again with the City Attorney's comments and then will bring it before the Planning Commission, which is expected to then hold a public hearing. Mr. Nardelli said he would like to see for first reading at the first meeting in September the new sign ordinance, the subdivision plan, and the updating of the zoning laws from the Planning Commission with any reservations or comments they would like to make. Dr. Brown said he had just handed the Planning Commission six months' work in four weeks' time. Chairman Blais said he had talked to James Lamphere and he had said the Master Plan in schematic form was completed June 19. However, any further progress is hampered by the fact that both Dr. Kent and his partner are out of town for approximately three weeks. Mr. Lamphere also told Chairman Blais that the Commission planned to alert the public through the news media. This way they would get a lot more people interested. Mr. Nardelli said he thought they had enough material for a first reading of the updating of the zoning, the subdivision updating, and the sign ordinance by September 16 as the Commission had ten months. Dr. Brown said the Commission could not just throw something together because they would have to start all over again. Mr. Nardelli said they had already paid Dr. Kent Chairman Blais said they had paid for the sketches but not for the extension of the contract. Dr. Brown said the Commission needed professional help. Arlene Krapcho asked if they were operating under 91 or 57. Blais said 57. Mr. Flaherty said 91 would go into effect five years from 1968. Arlene Krapcho said the Planning Commission would have to have a 30-day notice before its first hearing and then there would have to be a 30-day notice before the Council's meeting. Mr. Flaherty asked Dr. Brown when he thought the Commission could have this all accomplished. Dr. Brown said they would be lucky to have it done in six to eight weeks with Dr. Kent's help. Arlene Krapcho then asked if there were any other changes besides the Southeast Quadrant. Chairman Blais said there were. Arlene Krapcho then said Dr. Kent was doing a total picture. Dr. Brown said it would be foolish to give up the knowledge Dr. Kent had on the project. Mr. Nardelli asked if they knew Dr. Kent was coming back. Dr. Brown said he always had and was expected somewhere around the 15th or 16th of September. Arlene Krapcho asked if they could proceed with just the sign ordinance. Chairman Blais said he thought they could. Mr. Flaherty asked if they could set a time on the sign ordinance. Mr. Nardelli said they ought to get a copy of what Jim has. Dr. Brown said he had not seen anything from Pizzagalli. Mr. Nardelli said he would like to stipulate and set a date for a hearing with Dr. Kent. Mr. Flaherty said he would like to set a time limit on the sign ordinance by November 1, 1972. Miss Marsh asked if Dr. Kent had handed anything official in. Chairman Blais said he had a summary sketch. He went on to say they had a plan in 1968 which Terrence Boyle looked over. The plan was totally inadequate so they tried the "Band-Aid" treatment which was found to be inadequate also. He had to give the Commission credit for saying they couldn't use it. He said that the June 1 deadline was really unrealistic. Arlene Krapcho said she thought a hearing on the Plan would generate a number of questions on the basic concepts, general objectives and goals. Mr. Lamphere then arrived and Chairman Blais asked if there was any reason why they couldn't hold a hearing or public meeting. Mr. Lamphere said that last February they were asked to have a Master Plan by June 1, not a zoning plan. They did not get the final plan until the middle of August. He said the Commission had not neglected its responsibility because they had a schematic form by June 19. He said they were now ready for a hearing, with Dr. Kent present that is. He said they were trying to get the public's reaction. Chairman Blais asked when they would have Dr. Kent back. Mr. Lamphere said within the next week but his partner who was writing the ordinances wouldn't be back for three weeks. Mr. Flaherty told Mr. Lamphere that Mr. Pizzagalli would have the sign ordinance ready by November 1. He asked Mr. Lamphere if he thought that was possible. Mr. Lamphere said he thought so. Mr. Nardelli then asked about the subdivision fee schedule. Mr. Lamphere said it was part of the subdivision ordinance and regulations and he thought it should not be acted on separately from that. Mr. Nardelli said it seemed strange it was already included in the ordinance. In fact, there were three fee schedules, one Mr. Ward had presented, one Mrs. Maher had presented, and one already written in. Mr. Lamphere said it would come with the total package. Mr. Flaherty said that Mr. Ward said that hearing a developer cost the City money. Chairman Blais said it was not a great loss of money, perhaps $100. Mr. Nardelli said he wanted the fee schedule back with the comments of the Commission as it bothered him that the Council was ready to accept a schedule two months ago that was inadequate. He wanted it back with the ideas of the whole committee. Chairman Blais then moved that it was the desire of Council to have a written report on the fee schedule from the Planning Commission. Mr. Flaherty seconded. Motion passed. Mr. Lamphere then asked what the Council wanted of the Planning Commission. Mr. Flaherty said it was just a formal reply. Mr. Lamphere said he got the impression the Council didn't think it had done its work. Mr. Flaherty said he didn't think they meant it that way, all they wanted was a formal reply in a letter form. Mr. Lamphere said he had heard a lot of criticism of the Commission. Chairman Blais said that it was just that they had a public deadline and now the deadline was past, the Council was expected by the people to push the issue. Mr. Nardelli said he started it by asking for a report in the middle of September. Then Dr. Brown said Dr. Kent was out of town and had done more than what was asked originally. Mr. Nardelli said all he wanted was a report as quickly as possible. Arlene Krapcho then asked why more had been done. Mr. Lamphere said because the Commission had found it advisable. A young man asked if much was going to be changed on Shelburne Road. Mr. Lamphere said no. Dr. Brown said if they had done only what the Council had asked they could have had it done by June 15. Mr. Lamphere said they had asked for a schematic plan. Mr. Nardelli said he was concerned because people kept coming in and talking about the Master Plan. Dr. Brown said they did because if one was a developer one would be thinking of the future plan not the old one. Mr. Nardelli then asked Mr. Lamphere when he thought the Commission would be ready. Mr. Lamphere said he hoped by the middle of October if everything went together. Chairman Blais said what they wanted to show was the great concern the Council had. Mr. Nardelli said the people/were inquiring as they thought they would have the answer by June 1. They were not aware of all the problems that had come up. Mr. Lamphere said the Commission had gone through more work to get the public's reaction. They had three public meetings. Arlene Krapcho then reiterated that the public just didn't know about the work involved. Chairman Blais said the Council just wanted a report as quickly as possible. REVIEW TRUCK BIDS Chairman Blais directed the Council's attention to the report on the truck bids. He mentioned the 4-wheel drive pick-up by Nordic did not have power steering and Fitzpatrick had a shorter wheel base and they had $21,000 to work with. Dr. Brown moved to accept pick-up truck, Nordic Ford, 4-wheel drive pick-up truck, Nordic Ford and dump truck by International. Mr. Brian Gee seconded. Motion unanimously passed. REPORT ON BUS NEGOTIATIONS - MR. BLAIS Chairman Blais said there had been sixty hours of negotiation and then read the resolution (see attachment). Basically what was wanted was a subsidy program until June 1, 1973 when BRT would be going out of business. The Public Service Board figured on a loss of $28,360 with a 1.5 percent return on the investment whereas BRT figured a loss of $57,826. He said they figured from the pessimistic viewpoint that was the most they could lose; so they agreed that the most they would pay would be up to $57,826 with the towns having the right to renegotiate if more money were needed or they could let BRT go out of business. BRT wanted a clause where if they go to Court and the Court allows them a higher return than 1.5 percent they could renegotiate back to September 1. Mr. Blais said the towns did not agree to this BRT did not want the contract without this clause. They also wanted a hold harmless clause which would mean the towns would make up the difference if the equipment were sold below fair market value. Chairman Blais said they came up ultimately with a maximum share of 12.7 percent or $7,037.40 or $3,446.10 if the Public Service Board figure is correct. In any case that is the amount we have to pay. Mr. Nardelli asked how the 12.7 figure was arrived at. Chairman Blais said passenger mileage. Mr. Nardelli asked if the fact that South Burlington already had $65,000 allotted for busing of students had been considered. Chairman Blais said that the five busses the City of Burlington used for busing school children had been sold and busing of students was not an issue. Mr. Nardelli said what he was saying was the three other places did not have any money allotted for busses so they were getting off cheap as compared to South Burlington and he did not think it was fair. Chairman Blais said the busing of students was not an issue. Mr. Nardelli said he thought it was. He then asked what was Burlington's cost or percentage. Chairman Blais said 60.2 percent. Chairman Blais said these were certificated routes they were supporting and if school children used the bus they would pay the full fare and cut down on the loss, thereby saving the subsidizers' money. Mr. Flaherty asked Mr. Nardelli would like to lower the percentage. Dr. Brown said Burlington could say we don't have any of our people riding in your city but you have plenty riding into ours. Sonny said that the school issue was never in question but it was the certificated routes and that we are getting X numbers of miles every day. Chairman Blais said they had until June to figure out some other means of public transportation. Mr. Flaherty asked what happens if this is not approved. Chairman Blais said then BRT can go out of business. We have to show we negotiated in good faith. Mr. Flaherty said he was concerned about the poor and the old people. They always get hurt. Kay Neubert asked what right BRT would give South Burlington. Chairman Blais said control over routes, regulations, etc. However, the City would have to make up any loss because of the changes. Colchester backed out but we can't see the point in not letting anyone get off the bus in Colchester because we would gain their fare, thus a decrease in subsidy. Brian Gee said he agreed with Walter to some extent but also with Chairman Blais. Burlington is going to be worse off than we are one of these days. Dr. Brown said he agreed with Mike's reasoning and that the City had to have some kind of transportation or it would never get it back. James Lamphere asked if they increased the service would it increase the subsidy. Chairman Blais said no. He thought these would just be experiments. Any changes would have to be unanimous such as more subsidizing being needed. Someone asked if the Public Service Board would allow the 4-member team to change anything. Chairman Blais said they were allowed to provided they all agreed. Chairman Blais then read the motion: NOW THEREFORE BE IT RESOLVED that the City of South Burlington, acting in concert with Essex Town, The Village of Essex Junction, the City of Winooski and the City of Burlington, present the following offer to Burlington Rapid Transit Company and the Vermont Public Service Board: 1. That the above communities enter into a contract with BRT for continuation of the present certificated routes, or modifications thereof upon request of the communities, from September 1, 1972 through June 30, 1973 the terms and conditions of which shall include, among other things, the following: A. The communities provide subsidy payments sufficient to hold BRT harmless from operating losses, if any, and to afford BRT a 1.5 percent rate of return on its rate base during the term of the contract, provided that if the subsidy requirement exceeds the sum of $57,800.00 or if either (a) a successor operation to BRT is formed or (b) it is determined that there will be no successor operation, prior to June 30, 1973, the communities may, at their option, terminate such contract. B. The communities permit BRT to seek early judicial review of the Public Service Board's Determination that a reasonable rate of return for the Interim period be not more than 1.5 percent of its rate base. Should a board or court of competent jurisdiction determine that a different rate of return should apply, the communities agree to decide within three weeks of such determination whether to continue subsidation on the basis of such determined rate of return. If the communities decide to continue subsidation, payments at the new rate would commence retroactive to the date it is determined that 1.5 percent of the rate base is not a fair rate of return. C. The communities permit BRT to seek early judicial review of the Public Service Board's Determination that the communities need not hold it harmless from decline in the market value of its rolling stock in excess of the amount of book depreciation during the ten month subsidy period. If it is ultimately determined by a court or board of competent jurisdiction that such obligation must be borne by the communities in order for BRT to continue operations, the communities would decide whether to continue the contract in effect by the insertion of such a provision within three weeks from the date the determination is made. Mr. Flaherty moved that the motion be accepted as read. Dr. Brown seconded. Motion passed with Mr. Nardelli dissenting. Meeting adjourned at 11:40 P.M. 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