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HomeMy WebLinkAboutMinutes - City Council - 10/02/1972SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 2, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Monday, October 2, 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, Walter Nardelli, Michael D. Flaherty and Brian J. Gee. MEMBERS ABSENT Dr. Harold P. Brown OTHERS PRESENT William J. Szymanski, City Manager Robert Earley, 79 Kirby Road Dorothy Guilford, 23 Sebring Road Charlotte C. Marsh, 1220 Shelburne Road Robert A. Lang, 15 Yandow Drive Julie Lang, 15 Yandow Drive Dr. Julian A. Waller, 11 Oak Hill Drive Anna K. Johnston, 27 Mills Avenue Lee Schwartz, 3 Deborah Drive Kay Neubert, 52 Elsom Parkway Virginia R. Kelleher, 3 Mayfair Street Arlene Krapsno, Sebring Road Suzanne Rubin, 27 Andrews Avenue George Killen, 148 Laurel Hill Drive Ronald Frack, 25 Andrews Avenue Albert Audette, Highway Department Supervisor Harry Schwartz, 3 Deborah Drive Zane and Lois Apgar, 15 Deborah Drive Mary Ann Gucciardi, 24 Andrews Road Jean Hildick, 18 Andrews Road Frank C. Jacquemard, Bartletts Bay Robert Irish, Bartletts Bay Al Guyette, 32 Barber Terrace Leo O'Connor, Free Press Reporter Ruth A. Lippman, 30 Barrett Street Ulrich Lippman, 30 Barrett Street David Webster, Bartletts Bay William J. Schuele, 33 Clover Street G. B. McCollom, 160 Laurel Hill Drive Norbert J. Crouchley, 84 Laurel Hill Drive William Robenstein, 16 Mills Avenue Chairman Blais asked for a moment of silence in tribute to the Maurice Leduc family. Mr. Leduc, a Volunteer Fireman, lost his wife and four children in a fire the early morning of Monday, October 2, 1972. READING OF THE MINUTES OF THE MEETINGS OF SEPTEMBER 11, AND 18, 1972 Chairman Blais asked if there were any corrections, deletions, or additions to the minutes of September 11th and 18th. Chairman Blais requested that on the bottom of the page in the minutes of September 18th, where it states "Chairman Blais disagreed with Mr. Flaherty", the phrase be stricken. He also made the suggestion that in the future the meetings be tape recorded as well as having the minutes taken by hand in order that the record be more accurately kept. He then asked for a motion to be placed on record to request a tape recorder being used in aid of more accurate minutes at future meetings. Councilman Nardelli made a motion to instruct the manager to obtain a tape recorder for use at future meetings. Motion seconded by Councilman Flaherty and unanimously approved. ADDITIONS TO AGENDA Councilman Nardelli requested that a report from the City Manager on Federal Revenue Sharing be placed on the agenda. All agreed. City Manager Szymanski asked the Council to adopt a resolution expressing condolences to the Leduc family. There were no objections. DISBURSEMENTS. Chairman Blais reminded the Council members to sign the disbursements. REQUEST OF MR. ROBERT E. EARLY FOR THE ADOPTION OF ORDINANCES FOR LICENSING TAXICAB OPERATORS AND DESIGNATING TAXI ZONES AND FARES FOR THE CITY Mr. Early stated he had been a resident of South Burlington for fourteen years and in the taxi business for twenty-eight years in the area. He produced a map of the area outlining his proposed taxi zones for South Burlington with the request that they be applied in South Burlington similar to the taxi zoning plan in existence in the City of Burlington. Taxi zones and fares ordinances from the City of Burlington are attached to and made a part of these minutes. Chairman Blais questioned Mr. Earley as to whether he was seeking an exclusive right. Mr. Earley said he was not, but that anyone operating a taxi business from outside the City of South Burlington and coming into South Burlington should pay a fee to the City of South Burlington. He said he is awaiting a jitney license from Montpelier. Dr. Waller questioned Mr. Earley as to whether he would be permitted to pick up passengers at Burlington Airport. Mr. Earley stated that the City of Burlington "owned the circle at the airport". Dr. Waller expressed his dissatisfaction with the taxi service at the airport, even to the extent of local listings of taxicab numbers being torn from the telephone directory yellow pages. Mr. Earley further stated he felt it was against his constitutional right not to be able to pick up passengers at the airport. He feels that anyone from outside the City of South Burlington operating a cap in South Burlington should pay a tax to the City of South Burlington as he must do to operate in Burlington. Councilman Nardelli suggested we set up an investigative committee to study this problem. It was agreed the committee would consist of City Manager Szymanski, Councilman Nardelli, Airport Commissioner D'Acuti, and Mr. Earley. They are charged with making an in depth study to see what is being done in surrounding cities and towns. Charlotte Marsh pointed out she felt Mr. Earley made good sense and she, too, has had experiences with unreasonable rates when traveling from Burlington to Shelburne Road. BARTLETTS BAY DRAINAGE PROBLEM REPORT BY CITY MANAGER SZYMANSKI Mr. Szymanski, City Manager, was requested at the last Council meeting to investigate the drainage problem at Bartletts Bay and report his findings to the Council. Mr. Szymanski said he felt the drainage problem could be improved by installation of approximately 850 feet of 15 or 18 inch pipe at a total expenditure of approximately $5,000. Mr. David Webster and Mr. Szymanski agreed on the need for the installation. Mrs. Hildick wondered if some of the problem was caused by the automobile showrooms constructed along Shelburne Road. She also questioned if effect on drainage is being taken into consideration before additional development is planned. Chairman Blais said investigation should be made of availability of federal funds, and perhaps the drainage problem could be resolved at the same time sewerage installation is undertaken. APPROVE THE WARNING FOR THE NEIGHBORHOOD PARKS BALLOT ITEM Chairman Blais read the Warning which is attached to and made a part of these minutes. He questioned if the ownership of the so-called Garvey land in Article III was in the name of Mr. and Mrs. John J. Garvey or in the name of Daniel and Leo O'Brien. City Manager Szymanski said that to the best of his knowledge the property was still in the name of Garvey, but that he would check into this. An unidentified resident raised the point that the Warning did not specify the exact location of the six acres of land in Article IV. Chairman Blais stated he wanted to make one thing especially clear, that the City Council cannot override the Planning Commission's decisions on Subdivisions. This is clear in the State Statutes and referenced in the City Charter. The only appeal from planning of subdivisions is to the Zoning Board of Adjustment and the courts. Therefore no conditions attached to any purchase option can mandate the Planning Commission to accept, be they approved by Council or by popular vote. Chairman Blais said he felt the conditions on the Potter-Yandow property would have no effect on the Planning Commission accepting or rejecting any future plan submitted by Yandow or Potter. The laws of subdivision will govern any decision, not the option purchase agreement. Therefore, Mr. Blais concluded that the conditions should only be considered as an offering with final acceptance resting with the Planning Commission. Councilman Flaherty stated he did not see how Article IV could be accepted as written since there are conditions attached to the purchase. Mr. Crouchley inquired as to why Article IV went on the ballot. Chairman Blais said he felt there were a number of reasons. Mr. Crouchley wanted to know if it was because of the petition. Chairman Blais replied that the petition did not call for any conditions, just that we merely attempt to purchase the land from the owner. Mr. Crouchley questioned if there is anything in writing from Mr. Potter in black and white that he will do this or that. Chairman Blais said it is not in black or white. Doctor Waller said he would like to know the total cost of the Yandow property. He was told the fair market value is listed at $61,000 for approximately 55 acres and Article IV offers 6 acres at $30,000. Chairman Blais mentioned that indebtedness beyond the current fiscal year must be approved by the voter. Mrs. Neubert commented that it seems incredible to have a vote on a bond issue and just not be sure who owns the Garvey property, and also to be unclear about the Yandow property. She said she thought the whole affair was awful and questioned the appraiser selected. She felt the people had the right to call in an impartial appraiser. Chairman Blais answered that he did not select the appraiser, that he was called in by City Manager Szymanski. Mrs. Neubert called for another appraisal of the fair market value of the land. She felt the voters were being presented with too many ifs. Mrs. Guilford questioned if she understood correctly, that in voting for Article IV she would know nothing about the stipulations attached to the land by the developers. Arlene Krapcho asked with whom would the City be negotiating the Potter-Yandow property? Chairman Blais replied it would be with Mr. Yandow. Mr. Crouchley wanted to know why something is put on the warning that is not in black and white. Councilman Nardelli said he felt he was being rushed into this and has doubts in his mind about the whole thing. Mr. Guyette said he agreed wholeheartedly with Councilman Nardelli, that what started out as a small idea of $40,000 or $50,000 is now $190,000. Chairman Blais said he did not agree with this speculation. Councilman Nardelli moved to amend the warning, deleting Article I, II, and IV, leaving Article III for warning at the Special City Meeting, November 7, 1972. Seconded by Councilman Flaherty. The vote was a tie vote with Mr. Nardelli and Mr. Flaherty voting yes and Councilman Gee and Chairman Blais voting no. The Chair ruled the motion defeated since there was no majority. Mr. Nardelli challenged the Chair. A motion was made to recess to seek legal advice at 8:45 P.M. The meeting was resumed at 9:00 P.M. after City Manager Szymanski sought legal advice from Assistant City Attorney Spokes. The legal advice was that in order to make any changes, additions or deletions it must be made by a majority. Councilman Michael Flaherty made a motion to delete Article I, Article II, and Article IV and place these items on the ballot at the March Meeting and to accept the warning as amended. Seconded by Councilman Nardelli. The vote was 3 in the affirmative and one negative, the no vote being cast by Chairman Blais. Chairman Blais commented that this was the first time he had seen people applaud the loss of open space. Councilman Gee said he wanted to clarify why he changed his decision. He felt the items needed more study and the motion indicated they would be on the March ballot. REPORT ON AMBULANCE SERVICE BY COUNCILMAN GEE At the request of the Council Mr. Gee attended a meeting with Mr. Waller and Mr. Earl Gettinger on September 27, 1972 at 3 P.M. at the Mary Fletcher Unit of the Medical Center Hospital. Keith Marsten and Fire Chief Monell also attended. The purpose was to investigate the possibility of initiating ambulance service for South Burlington. Dr. Waller presented facts and figures. His estimate of the cost of operating our own ambulance service without volunteers is about $65,000. He and Mr. Gettinger expressed their feelings on experience vs. training. They felt that this type of experience cannot be received through training, experience is only obtained through real life situations, not through simulations. 3% of the total population is estimated to require ambulance service in a given year, 25% of which would entail emergency type treatment. The City of Burlington has now developed a good back-up system which has improved greatly over a few years ago. Both Mr. Gettinger and Dr. Waller felt we should stay with the Burlington service. Dr. Waller assured the Council that he would be available to make sure that South Burlington gets its best value if we continue to be serviced by Burlington. Mr. Gee stated that he is looking further into this, that he also plans to investigate the Essex Junction service. A report on the Waterbury Ambulance Service, Inc. is attached to and made a part of these minutes. Another possibility, that of using Air Guard facilities was raised. Dr. Waller stated that he did not care how much money was spent, that we just can not buy that additional thing known as experience. An unindentified resident asked if plans called for members of the volunteer fire department to staff the ambulance service. If so, he said he did not feel there would be too many volunteers among the volunteer firemen. Chairman Blais commended Councilman Gee on the work done thus far and on the dialogue that has been raised regarding what is adequate and what is needed. Councilman Gee stated further that he wanted to be assured in his own mind that the City of South Burlington is getting what it is paying for, and said if the Council so wished he would pursue his investigation and document his findings. Chairman Blais said he personally was satisfied with the arrangement; however, he would like Councilman Gee to pursue this even if nothing else develops so there would be a portfolio of information for perhaps another time. Mrs. Neubert asked if it was not a question of money, why then did South Burlington want to have its own ambulance service. Mr. Gee said it was the fact that he did not like to be dependent upon the services of another city. Councilman Flaherty stated that he read recently in the New York Times in a study of the National Academy of Sciences that 80% of emergency care in the United States was inadequate due to lack of experience. Dr. Waller said he had been acquainted with that organization and the basic issue raised is the need for improved skills of nurses in the emergency room. He further stated that as a resident of South Burlington he, too, wants to be assured of good ambulance service. ACCEPT CURB BID FOR WHITE STREET WIDENING City Manager Szymanski read the two bids submitted estimating the required curbing on White Street. Walter O. Anderson bid $2.20 per lineal foot and Willis Construction Company bid $2.34 per lineal foot, total average rootage being 3,000 ft. Councilman Nardelli asked if the Anderson firm had done work for the City of South Burlington before. The City Manager replied not since he became City Manager, but had done some work on Patchen Road previously to that. Councilman Nardelli made a motion to accept the City Manager's recommendation to contract with the Walter O. Anderson Company to install the curbing on White Street. The motion was seconded by Mr. Gee and passed unanimously. FEE SCHEDULE TO BE INCLUDED IN SUBDIVISION REGULATIONS At the Planning Commission meeting of August 8, 1972, a motion was made regarding the Fee Schedule which was brought up at the Council meeting of August 21, 1972. Doctor Brown had made a motion, seconded by Mr. Bailey, and passed 4 to 1, that the Fee Schedule should be incorporated into the new Subdivision Regulations. Councilman Nardelli said he would like to review this tonight and requested the City Manager to draw this up in legal form for a first reading. He then made a motion to move in this direction. Chairman Blais read a letter from Chairman James Lamphere of the Planning Commission regarding the Planning Commissions motion which is attached to and made a part of these minutes. Mr. Nardelli's motion was seconded by Councilman Flaherty and unanimously passed. City Manager Szymanski requested that the fact that the fees could be subject to review every six months would be incorporated in the Fee Schedule. All agreed. At 10:15 P.M. the regular meeting was recessed until Monday, October 16, 1972 and the Council then met as the Liquor Control Board. LIQUOR CONTROL BOARD MEETING The Liquor Control Board considered and approved the request of the following establishments to apply to the State for Entertainment Permits on their premises: The Roostertail Restaurant The Old Board Restaurant Holiday Inn Shakey's Pizza Parlor Joe Barry's Restaurant The Liquor Control Board Meeting was adjourned at 10:25 P.M. Approved Brian J. Gee, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.