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HomeMy WebLinkAboutMinutes - City Council - 12/04/1972SOUTH BURLINGTON CITY COUNCIL MEETING DECEMBER 4, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Monday, December 4, 1972, at 7:30 P.M. Chairman Blais opened the meeting with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Chairman Frederick G. Blais, Dr. Harold P. Brown, Mr. Walter Mardelli, Mr. Michael D. Flaherty, and Mr. Brian J. Gee. OTHERS PRESENT William J. Szymanski, City Manager Lincoln L. Sibly, 23 Iby Street Ronald Mazza, 21 Iby Street James Ducey, 190 White Street, Apt. 2 Mary Barbara Maher, Planning commission Sidney Poger, Zoning Board Chief Monell, Fire Chief F.C. McCaffrey, 29 Birch Street George G. Smith, 343 Hinesburg Road Bob Martinean, Laurel Hill William J. Schuele, 33 Clover Street Ethel Schuele, 33 Clover Street Arlene Krapcho, 13 Sebring Road Cheryl Benfield, Free Press Leo O’Connor, Free Press Betty Ann Copley, Stenographer Richard Ward, Zoning Administrative Officer Richard Myette, Chairman of the Zoning Board READING OF THE MINUTES OF THE MEETING OF NOVEMBER 20, 1972 Chairman Blais asked if there were any corrections, deletions or substitutions to be made to the minutes of November 20, 1972. He noted that on page 6, paragraph one, item 3 should read: “If the Council could not qualify a better case to the sate….” On page 7, paragraph one, after Phase 5, should read: “Secondary Treatment Plant and Barletts Bay.” Councilman Gee noted that in the same paragraph it should be added that Chairman Blais requested that Councilman Gee be appointed as the liaison member of the Council to bridge the gap between Barletts Bay and the Council Councilman Brown moved that the minutes be accepted as corrected. Councilman Nardelli seconded the motion. The vote was unanimous. DISBURSEMENTS Chairman Blais reminded the Council that there were disbursement orders to be signed. ACT ON PETITION OF IBY STREET RESIDENTS REQUESTING ACQUISTION OF A PARK Lincoln Sibler of 23 Iby Street presented himself as spokesman for the residents of Iby Street. He presented a petition in favor of the request for a park – the petition was signed by 80 residents. Councilman Gee requested that a member of Council with the Natural Resources Committee do an indept study of the four- park concept. Mary Barbara Maher of the Planning Commission requested that the Council ask for the Planning commission’s opinion of this requested park as she questioned whether or not a park may be detrimental to the design of the new district plan. Arlene Krapcho suggested that there be a Planning Commission representative on the committee to be set up for a study of the parks. Chairman Blais stated that Bill Robenstein should be added to the representatives of this committee. Councilman Gee moved that a committee be set up/to study all neighborhood parks..that have been discussed and others that had not yet been mentioned;/the committee to be represented by City Council, Natural Resources Committee, Planning Commission and Bill Robenstein; and that they return to Council with the results of their study. Councilman Nardelli seconded the motion. The motion was passed unanimously, Chairman Blais appointed Councilman Flaherty of City Council, William Schuele of Natural Resources, Hugh/.Marvin of Planning Commission, and Bill Robenstein as members of that committee. Councilman Flaherty was appointed to chair the committee. Chairman Blais then suggested adding a side item to this – it was decided previously that if the Garvey property were to pass, that Council would request the Natural Resources Committee and Recreation Committee to set up a neighborhood discussion with selected members of the neighborhood. It was decided that a committee be set up of Barbara Bull of natural Resources and Paul Jordon of Recreation to be designated to select people from the neighborhood to gather opinions of the people in that area on a park and to let it be known that Mr. Robert Wilson of Victory Drive and Mrs. Anna Johnston of Mills Avenue have requested to serve on the committee. This committee is to be coordinated through Bruce O’Neil of the Recreation Department. PRESENTATION OF THE NATIONAL LEAGUE OF WOMEN VOTER’S PUBLICATION “ECOLOGY”. ETHEL SHELE AND ARLENE KRAPCHO. Mrs. Schuele corrected the title as presented on the agenda for the meeting as the correct title is “Recycle.” She presented a copy of the publication to the Council. Mrs. Schuele made a announcement that there would be a meeting at South Burlington High School Auditorium on December 6, 1972 at 8:00 P.M. There would be several people offering presentations on recycling. Arlene Krapcho requested that the Council read the publication and pass it on to others. Councilman Gee asked if the city has a recycling program for their daily paper waste. Bill Szymanski stated that newspapers are being recycled. Mrs. Schuele stated that the future plan to be coming out will be suggesting that 12 or 15 regional sites be set up for collection rather than having so many local pick-up sites. Chairman Blais stated that perhaps Sonny Audette who is the Land Fill Director of South Burlington might want to serve on the committee and it was suggested that he get in touch with Mr. Schyler, via the Chittenden County Regional Planning Commission in Essex Junction. SIGN BUS SUBSIDY AGREEMENT Councilman Gee asked a question as to the Transit Service Agreement – what is a net operating rent loss when there is no rent income stated. The answer could not be fiven as there was insufficient information. Chairman Blais suggested that the Council invite Art Hogan and ask him to bring the state form that was submitted to the state and that the Council should get copies of the statement and gather questions on the accounting procedures to present to Mr. Hogan. Councilman Gee also asked a question as to their statement that ehy would not change or delete any service and they had made a change prior to the contract without consulting the Council. Chairman Blais stated that the change will be made in the discussion of the agreement that the Council will be entertaining in the next few weeks with School District of Burlington. Councilman Nardelli stated that he felt the Council should not sign this agreement as it would commit Council to the words of the contract until 1) Council receives an understanding that there is an income statement with more detail, 2) that a statement of fact about the $3,500 be prorated to the towns will offset whatever deficit shows up. Councilman Flaherty stated that as phrased in the agreement “If the default of any one community shall continue for a period of excess of thirty (30) days, and the remaining communities, acting jointly or individually, do not correct such default, BRT may terminate this agreement with all communities with ten(10) days’ written notice to each community.”, and he stated his concern of knowing the percents – and their reasons for wanting to cease service – which he felt they would be happy to do. Councilman Gee asked if they City’s bill had been paid yet, and Mr. Szymanski answered that it has been outstanding for more than 30 days. Chairman Blais stated that he agreed with Councilman Flaherty that if the Council delayed signing the contract that they consider the alternative that BRT might ask to decertify. Councilman Nardelli suggested that we get a legal opinion on this. Chairman Blais stated that the contract should be signed. Councilman Brown moved that Council sign the agreement following legal advice. Councilman Gee seconded the motion. The vote was Gee, Flaherty, Blais, and Brown in favor and Nardelli against. Chairman Blais requested that Bill Szymanski send a letter to Art Hogan requesting the completing/date of the preliminary and final report and what is the status of the intergovernmental contract as related to the school district and how will this matter be negotiated and debated amongst the various communities. DISCUSS LEGALITY OF A 3 OR 6 MONTHS MORATORIUM ON SIGN VARIANCES. ZONING BOARD OF ADJUSTMENT MEMBERS WILL BE IN ATTENDENCE. Chairman Blais read the letter received form John Ewing on the legal opinion of placing amoratorium on the sign variances. Chairman Blais then summarized that placing a moratorium on sign variances is not within the jurisdiction of City Council unless they wish to change the law. Councilman Nardelli stated that the Council could notify the Zoning Board of the legal effect of granting variances and let them take it under consideration. Mr. Myette of the Zoning Board stated that there have not been very many requests for sign variances – two of the four they have had are from the Exxon stations. He continued stating that placing a moratorium on the sign variance will just be putting it off and he would like to see the ordinance passed as soon as possible. Councilman Nardelli mentioned that he had been out to look at the signs of the Exxon stations and that the signs will be a hazard as they will be hanging over the sidewalk. Mr. Myette asked that perhaps John Ewing could offer his legal opinion on the fact that the Zoning Board is prohibiting variances in total. He stated that he is also concerned about the lack of a formula for determining the size of a free standing sign in relation to the size of the building. He also felt in agreement with having the new ordinance be in effect by 1980 as it is not a unreasonable date to allow the businesses to make the changes. Councilman Gee requested that the Planning Commission forward to the Council its recommendations concerning the sign ordinance. Councilman Flaherty suggested that all new ordinance. Mr. Myette said that he would offer it to the Zoning Board at their next meeting and they will discuss it. DISUCSSION WITH MR. ROBENSTEIN ON THE SUBDIVISION OF A PARCEL OF LAND ON DORSET STREET. Mr. Robenstein stated that there are six parcels of land located on Allen Road (The Irish property – 6 parcels, the Meyers property – 6 parcels). This is creating a problem and he would like to have some type of moratorium put on this until the matter can be straightened out. He stated that he is having problems obtaining a building permit since his property is part of an illegal subdivision. Mr. Robenstein requested that a policy be drawn up as to how to handle these illegal subdivisions, so that they can be processed. Councilman Borwn suggested that Mr. Robenstein come back to the Council with a written more precise list of ideas as what should be done. Mr. Robenstein said that he would draw something up and present it to the Council. Mr. Robenstein then presented to the Council a copy of Essex Junction’s booklet on natural resources titled, “Proposal for a Quality Environment”. He stated that the booklet contained their proposals for cross-country ski and hiking trails, par areas etc. Chairman Blais suggested that Mr. Robenstein have Natural Resources Committee look at it. Going back to the matter of illegal subdivisions, Chairman Blais instructed that research be done on all of these and advising them by letter stating that they are in violation. SIGN AGREEMENT WITH THE CHAMPLAIN WATER DISTRICT FOR THE INSTALLATION OF A POLICE RADIO ANTENNA ON TOP OF THE DORSET STREET WATER TANK. Chairman Blais asked what the size of the antenna would be. Mr. Szymanski stated that it would be about 16 feet (wire wheel), rising 8 feet above the water tank, and that its purpose was to eliminate blind spots. Councilman Nardelli made the motion that council sign this agreement with the Champlain Water District. Councilman Flaherty seconded the motion. The motion was passed unanimously. REPORT ON THE PROGRESS ON HIRING A CITY DOG CATCHER – CITY MANAGER Mr. Szymanski stated that he had been talking to Mr. Wesley Picard who has set up a kennel on Williston Road. He is willing to set up a contract effective January 1, 1973, the cost being $5,000 for one year which would include patrolling the city and taking calls; he would keep all fees for the housing of dogs. The only other cost would be that of $5.00 for whenever a dog has to be destroyed. Councilman Nardelli suggested that we get this contract down in writing. Mr. Schuele asked how the dog catcher would dispose of unregistered dogs. Mr. Szymanski stated that they advertise for a period of time and then they hold it for a week or two longer. Mr. Schuele suggested that perhaps the dogs be sold. Chairman Blais then suggested that Council get the procedures in writing about costs and his plans for policing, advising people that he has dogs, and then how he will be disposing of them. He also added that it be asked as to whether he had a contract for sale of the dogs for research purposes. COUNCIL ACTION ON THE ELMINATION OF LEFT TURNS AT WHITE STREET AND WILLSTON ROAD AND AIRPORT ROAD AND WILLISTON ROAD. Chairman Blais stated that these street come out on a blank angle and to make a left turn requires about a 130o turn. This request has been brought forth by Councilman Gee. Councilman Gee stated that at the White Street turn-off he is referring only to making a left-hand turn off of White Street onto Williston Road. Councilman Gee made the motion that Council eliminate the turn from White Street left onto Williston Road and from Airport Road left onto Williston Road. Councilman Nardelli seconded the motion. Vote was unanimous in favor of the motion SIGN VERMONT MUNICIPAL BOND BANK DOCUMENTS Mr. Szymanski stated that these bonds were for Phase 4: $300,000. The original bond issue stated that the bond was not to exceed 5% and that this one is 4.7% on each bond. There is also the bond for $150,000 for the fire station. Councilman Gee moved that the Council sign the bons. Councilman Flaherty seconded the motion. The vote was unanimous. ACCEPT RESIGNATION OF PLANNING COMMISSION CHAIRMAN, JAMES LAMPHERE Chairman Blais read the letter from Mr. Lamphere which stated his request for resignation effective January 1, 1973. He then stated his appreciation to Mr. Lamphere for staying on until the end of the year. Councilman Nardelli moved that Council table the request until the date of Mr. Lamphere’s resignation. Councilman Gee suggested that Mr. Szymanski do some advertising for someone that would be forthcoming in January. Councilman Gee moved that Council adjourn. Councilman Nardelli seconded. The motion was passed unanimously. The meeting was adjourned at 10:10 P.M. Approved Brian J. Gee, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.