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HomeMy WebLinkAboutMinutes - City Council - 02/21/1972SOUTH BURLINGTON CITY COUNCIL MEETING February 21, 1972 The South Burlington City Council held a meeting in the Conference Room of the City Hall on Williston Road on Monday, February 21, 1972. Chairman called the meeting to order at 7:30 P. M. with a Pledge of Allegiance to the Flag. MEMBERS PRESENT Raymond Stearns, Chairman Frederick Blais Walter Nardelli Kenneth Jarvis Dr. Harold Brown, Jr. OTHERS PRESENT William Szymanski, City Manager Richard Ward, Zoning Administrator Leo O'Connor, Burlington Free Press Charlotte C. Marsh Wayne Jameson, State Representative DISBURSEMENT ORDERS Chairman Stearns announced that disbursement orders were on the table to be signed before adjournment. PROPER ACTION TO BE TAKEN IN REGARD TO ZONE CHANGE ON KENNEDY DRIVE. REQUEST OF PALMER TARINELLI CONSTRUCTION TO WITHDRAW REQUEST UNTIL JUNE 1,1972, IN COMPLIANCE WITH RECENT ZONE CHANGE FREEZE Richard Ward, Zoning Administrator, explained that the Council had the first reading of the zone change and then the zone change freeze was passed by the Council. In view of this freeze Palmer Tarinelli has requested withdrawal of their request and would like to reintroduce it after the zone change freeze is lifted on June 1, 1972 Mr. Nardelli moved to uphold the recommendation of the Planning Commission to deny the zone change for Palmer Tarinelli Construction Company on Kennedy Drive. Mr. Jarvis seconded the motion. Approval was unanimous. DISCUSSION ON COUNTY TAX ITEM Mr. Blais referred to Bill S-168 introduced by Senators Niquette, O'Brien, Fayette, Boardman, Crowley and Delaney, all of Chittenden-Grand Isle County. The purpose of the bill is to permit a county to make assessments for financing the purchase of authorized property and equipment; to permit a county to establish a reserve fund for such assessments; and to clarify the legality of any existing county reserve funds, sinking funds, or other fund or account established for the purpose of financing the purchase of county property. Mr. Blais also noted that this bill would grant greater latitude to assess cities and towns up to five cents on a dollar of the equalized grand list of the county, which could total $56,000 in South Burlington, without any right of appeal. Chairman Stearns stated that the bill, as presently written, enables the county court to bond; this means that two people can bond up to five cents with no recourse by cities or towns. He feels this is taxation without representation and does not see how the Senators could sponsor such a bill. The tax assessed South Burlington this year is $22,000 and represents half of the entire assessment. Mr. Blais said the State Attorney General has ruled that our assessment has not been deemed proper. Mr. Blais read a Resolution which he drafted that the City of South Burlington opposes passage of Senate Bill 168. A copy of this Resolution is filed with these Minutes. Mr. Blais made a motion that the Resolution opposing passage of Senate Bill 168 be adopted. Mr. Jarvis seconded the motion. Approval was unanimous. This Resolution will be forwarded to our South Burlington legislators in Montpelier for presentation to the Government Operations Committee. Mr. Nardelli noted the city of South Burlington was advised that its assessment was to cover expenses. He feels there is legal basis for redress by our city attorney. Chairman Stearns felt our first move is to contact our Representatives in Montpelier and let them know that this bill is not in the best interest of South Burlington or any other community in the state of Vermont. Mr. Nardelli agreed but said he would still like to have the legal aspects investigated. CONSIDER CONSTRUCTION OF TENNIS COURTS ON DORSET STREET ADJACENT TO THE POLICE DEPT. Mr. Szymanski informed the members of the Council that the Recreation Committee has recommended the construction of two tennis courts on Dorset Street adjacent to the Police Department. They would apply for Bureau of Outdoor Recreation funds to assist in the financing of the project, estimated to be approximately $17,000. During discussion Mr. Nardelli said he is opposed to cutting down all the trees in that area and suggested investigating use of open land in the rear of the High School. Mr. Blais questioned use of the site since plans call for its use as a City Hall. Thomas Breen, Chairman of the Recreation Committee, was called from another committee meeting in the building, for his comments. He feels the site is an excellent location for varsity school programs. Chairman Stearns explained that the site proposed has been earmarked for municipal buildings and asked for his comments on Mr. Nardelli's suggestion of investigating the use of land in the rear of the High School and Middle School. Mr. Breen said he had been told that use of that land would require a large amount of fill, but he has not walked the area to see whether or not it would be suitable. However, he expressed willingness to meet with Mr. Nardelli and Mr. Godin, of the School Department, and investigate the suitability of the land in the rear of the High School as soon as possible so as not to delay application for BOR funding. Mr. Breen said he is hopeful of construction of the courts for this summer's use. Charlotte Marsh said it seemed logical to keep the students on the same side of the road as the schools, if at all possible, and spoke in favor of exploring use of school property behind the schools. Chairman Stearns said he would like to see city facilities used for city projects and school facilities for school projects. He requested that Mr. Nardelli keep Mr. Blais informed of recommendations they might make after viewing the area in the rear of the schools, since Mr. Blais has been working closely with the Recreation Department. Mr. Nardelli stated he would like to see in writing what the status is of the present City Hall so the Council could be thinking about future plans. DISCUSSION OF SHELBURNE'S USE OF THE SOUTH BURLINGTON LANDFILL Chairman Stearns referred to a letter dated February 9, 1972 from Attorney Ronald C. Schmucker to the City Manager. Mr. Schmucker is representing the city of South Burlington in its dispute with Shelburne over payment of $600 for fighting a fire in the South Burlington landfill last year. A copy of Mr. Schmacker's letter is filed with these Minutes. The letter indicates that Shelburne does not intend to pay the $600 assessment. Mr. Schmucker, in his letter, noted that the legal question involved has no better than a 50-50 chance of success and questioned expending money for attorney's fees on that basis. He requested direction from the Council as to further procedure. Chairman Stearns noted that the city must abide by its contract with Shelburne until June 30, 1972. He called attention to the fact that the landfill area is filling up more rapidly than expected making it unwise to allow its use by any other city or town in the future. It was unanimously agreed to request the City Manager to advise Mr. Schmucker that the city would follow his advice on the disposition of the payment by Shelburne of the $600 assessment for fighting a fire in the landfill area last year. Chairman Stearns asked the City Manager to make absolutely certain that everything is done in a legal and proper manner so that, after June 30, 1972, Shelburne will no longer be a landfill tenant. SET UP SCHEDULE FOR COUNCILMEN-CITIZEN MEETINGS It was unanimously agreed that a councilman would be available at the City Hall to meet with city residents one afternoon and one evening each week for a five week period from the hours of 4 to 6 P.M. in the afternoon and 7 to 9 P.M. in the evening on the following schedule: March 9 Ray Stearns 16 Fred Blais 23 Dr. Harold Brown 30 Kenneth Jarvis April 6 Walter Nardelli Mr. Szymanski will publish the schedule. SANCTION USE VARIANCE FOR CHAPPELL FLORIST OFFICE BUILDING Mr. Ward explained that Mr. Chappell has requested approval of a use variance of his office building from the Zoning Board of Adjustment to allow James Harvell to use an office in his building to conduct his real estate business. Mr. Ward said the Zoning Board of Adjustment had approved the variance and would like the Council's approval. Mr. Chappell is requesting the use variance on the basis of increased tax assessment which he will be able to pay if he is able to derive income from the use of his office space. Mr. Blais said he did not believe altering the use variance would open the door for commercial use, since the variance is specifically for a real estate office. There is adequate parking in the rear. Mr. Jarvis moved to grant the variance requested to use an office in the present Chappell Florist building for use in the sale of real estate. Mr. Brown seconded the motion. Result of vote:4 in favor 1 opposed (Nardelli) Mr. Jarvis moved to adjourn the meeting and go into Executive Session to consider an employee's grievance and to review the proposed budget. The regular meeting was adjourned at 9 P. M. No action was taken in the Executive Session and that meeting was adjourned at 11 P. M. Approved -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.