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HomeMy WebLinkAboutMinutes - City Council - 10/16/1972SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 The South Burlington City Council held a regular meeting in the Council Room, City Hall, 1175 Williston Road, on Monday, October 16, 1972 at 7:30 P.M. Chairman Blais opened the meeting with the Salute to the Flag. MEMBERS PRESENT Chairman Frederick G. Blais, Walter Nardelli, Dr. Harold P. Brown, Michael D. Flaherty and Brian J. Gee. MEMBERS ABSENT None OTHERS PRESENT William J. Szymanski, City Manager Paul S. Zerr Iris Mazza Kay Neubert Virginia Kelleher George G. Smith Franklyn McCaffrey Fire Chief Monell Charlotte C. Marsh Free Press Reporter, Leo O'Connor Arlene Krapcho George Wilson William Robenstein Highway Supervisor Audette USE OF TAPE RECORDER Chairman Blais explained that a tape recorder was being used at the meeting, not to monitor Mr. O'Connor, the reporter, but so we could have a complete record of the proceedings. He said the minutes would also be taken by a secretary, and the tapes would be stored for as long as the material therein was relevent to current matters. He pointed out that since the minutes were not recorded verbatim by the secretary, sometimes errors in context were made and this would provide a way of checking for accuracy. READING OF THE MINUTES OF THE OCTOBER 25, 1972 MEETING Chairman Blais noted a correction, saying in the second paragraph from the bottom on page 2, where it reads "Mr. Blais said if federal funds were not available the project would die because of lack of matching monies and this would be noted in the warning. He also pointed out that the city was close to its borrowing limit", it should be changed to read "Mr. Nardelli pointed out that the city was close to its borrowing limit". Mr. Nardelli concurred with the correction. Also on page two, last sentence where it reads "Mr. Blais added that the Planning Commission does not feel comfortable with the existing conditions either but he felt the four areas should be considered separately on the ballot", Mr. Blais said the word comfortable should have been uncomfortable and the words either and separately should be deleted. All agreed. Doctor Brown questioned the figure of a $4,000 option in the last paragraph on page one. City Manager Szymanski said the figure was correct. Mr. Gee motioned to accept the minutes as corrected. Mr. Nardelli seconded the motion which passed unanimously. SIGN DISBURSEMENT ORDERS Chairman Blais reminded the Councilmen that the disbursement orders were on the table to be signed before adjournment. SECOND READING OF THE BURNING ORDINANCE AMENDMENT Chairman Blais read the proposed ordinance as follows: AN ORDINANCE TO AMEND THE ORDINANCE FOR CONTROL AND PREVENTION OF FIRE The Council of the City of South Burlington hereby ordains: Section 1. Section 10 of the ordinance for the Control and Prevention of Fire adopted December 21, 1970, is hereby amended to read as follows: Section 10: Outside Fires No person shall build an outside fire, whether or not contained in an incinerator, receptacle or other enclosure, without obtaining first a written permit therefore from the Fire Chief or his delegated representative and only upon the terms and conditions of such permit. The burning of fuels for cooking purposes shall not be construed as being included in the provisions of this section. Section 2. This Ordinance shall take effect from passage. Chairman Blais explained the intent was to get rid of the smoking, burning barrels, not to get rid of the proper approved gas fired or oil fired incinerators used by commercial firms, and then asked for comments from the Council. Councilman Nardelli asked if there was a fee attached to the permits for open burning. Chief Monell said no. Councilman Brown asked if Chief Monell inspected the approved incinerators. The Fire Chief said he did, and also he inspected the sites when he gave permits for open burning. Chief Monell said Commercial gas fired approved incinerators could be operated any time during the day after being questioned by Mr. Nardelli. After discussion Miss Marsh remarked that we were evidently trying to clear up the smoke. Councilman Nardelli felt the ordinance was not clear since it designates incinerators, receptacles, or other enclosures, and the commercial type is called incinerator. Mr. Blais said the true intent of the amendment to the burning ordinance is to eliminate burning in barrels. Councilman Brown wondered if the intent wasn't to eliminate all burning except that in the commercial incinerators. A discussion about burning in meshed containers took place and Chief Monell asked if he would have to inspect what was being used at homes if this ordinance went through as worded. He felt he would be deluged with phone calls asking for inspections. Mr. Nardelli said he could remind residents that we have a good landfill. Chairman Blais said he thought the ordinance reads like it does because of persons residing in outlying areas who feel the clean burning is acceptable because there are no close neighbors. It is to forbid burning but to leave the door open to the few exceptions. It was further discussed and Mr. Nardelli made a motion to reword the warning, to consider this the first reading, and to advertise it for a second reading as follows: The Council of the City of South Burlington hereby ordains: Section 1. Section 10 of the ordinance for the Control and Prevention of Fire adopted December 21, 1970, is hereby amended to read as follows: Section 10: Outside Fires No person shall build an outside fire contained in an incinerator, receptacle or other enclosure. The burning of fuels for cooking purposes shall not be construed as being included in the provisions of this section. Section 2. This Ordinance shall take effect from passage. Mr. Flaherty seconded the motion which passed unanimously. Mr. Szymanski, City Manager, was instructed to have copies of the original ordinance in the Councilmen's envelopes. SANCTION USE VARIANCE OF CHITTENDEN, DORSET STREET, WHICH WAS APPROVED AT ZONING BOARD OF ADJUSTMENT MEETING OF OCTOBER 4, 1972 Chairman Blais read the following from the Zoning Board's minutes: "Appeal of Royal and Barbara Chittenden seeking a variance from Section 5.10, Use Regulations of the South Burlington Zoning Ordinance. Request is for permission to convert an existing dwelling to include an efficiency unit on a parcel of land located at 1555 Dorset Street. Mr. Ward said the area is zoned Residential District A which allows single family dwellings. There is 2,120 square feet in the existing unit. The house has a new dormer type construction, the proposal is to add a kitchen, no exterior construction, large driveway existing, with two car garage. The Board voted unanimously in favor of granting the variance per stipulations: 1. An adequate fire escape be installed and approved by the Zoning Administrative Officer. 2. The variance shall run with the current owners and if transferred will have to come before the board again". Discussion centered on the fact that there are three Chittenden homes in the area and the City Manager was not sure just one was being considered. There was no one from the Chittenden family present to clarify the matter. Because of this Mr. Nardelli made a motion to table any action until the exact house was determined, hopefully for the next meeting. Mr. Gee seconded the motion which passed unanimously. RED ROCKS COMMITTEE ASSIGNMENT Chairman Blais reported that there was a lot of confusion as to whether or not the past Council had disbanded the Red Rocks Committee which was made up of some of the Natural Resources Committee and the Recreation Committee plus a few additional interested persons who were to work with city officials to determine a program for the best use of Red Rocks. He said he was unable to find in any minutes that the Committee had been disbanded and this should be clarified. Dr. Brown said his feelings were the committee was still formed, but last year they didn't have much business to do and they were kept on as a committee for the future. The Committee is made up of the following: Mrs. Barbara Bull Mr. Thomas Breen Professor Frederic O. Sargent Mr. Peter L. Yankowski Mr. Donald Rathbone He said that Evan Archer, a former member had left town, and Mr. Flaherty was not on the committee now due to his election as a Councilman. Chairman Blais then said I feel the Committee is still in force, that we want them to continue their operation, as well as to determine the programs of use for next year. Also a Rules and Regulations Ordinance should be drawn up. Councilman Flaherty said he thought Mr. O'Neill should check to see if all are still willing to serve and that Mr. O'Neill should be in charge. Mr. Nardelli said there had been a great deal of misunderstanding, that the group should be contacted when any changes are made and that they should have been contacted when changes were made. City Manager Szymanski said he had worked with the architect, and Chairman Blais said any changes that were made were by Council action with the members of the Red Rocks Committee in attendance, that no changes were or could be made until the B.O.R. and the Council concur. Councilman Nardelli requested that the Red Rocks Committee be invited to attend the next regular meeting at which time it could be given a charge. Chairman Blais said no motion was required. REVIEW CONTRACT WITH B.R.T. FOR BUS SERVICES Chairman Blais remarked that he could see no difference between the agreement as presented and the Council's resolution. Mr. Flaherty asked how many buses have been taken off the South Burlington runs and Mr. Blais said 4. Mr. Flaherty questioned the fact that although they have reduced South Burlington's runs by four we are still being charged 12.17%. Mr. Blais said the Public Service Board had agreed with B.R.T. on this. Mr. Flaherty pointed out that the runs taken from South Burlington were being used to transport the Burlington school children, and if the agreement is signed now we are, in effect, agreeing to special school service without any lowering of the percentage. Mr. Gee read the pertinent parts of the agreement in regard to the special services and noted that Mr. Nardelli had reported that South Burlington's cost for running its school buses is $65,000. Chairman Blais said it was brought out during the negotiating meetings that the Public Service Board had no juristiction over the buses used for special services (school runs), just the public transportation aspect. He said our contribution as of now is figured at 12.17% of a projected operating deficit up to a maximum of $57,000, but that the consultants who worked with the negotiating committee felt the deficit would be less. Also that the City's share of the 100% toward the deficit was not to exceed $5,700. Councilman Nardelli noted that in a way we are underwriting a private concern. Chairman Blais said presumptively B.R.T. took 4 runs from South Burlington, 2 runs off Essex and 1 run off Winooski until an agreement is arrived at with the four communities and the School District. Mr. Nardelli questioned why the Burlington School District would be included in the negotiations for the $3,500 special services cost since they were receiving the benefit of having the school runs. Chairman Blais suggested a motion deleting the words as set forth in Exhibit A "special school service." Mr. Nardelli pointed out that we did sign the resolution which had no reference to school services. Mr. Flaherty then read over the contract and felt we should not delete the words "and any special school services" because if we default on that B.R.T. could terminate the agreement within 10 days, then we wouldn't have a bus line and what we are trying to do is keep the buses running in South Burlington. Chairman Blais said we did not want to be in default of the subsidy. Dr. Brown suggested accepting the contract with reservation on the special school run item. Councilman Nardelli asked if we could defer signing the agreement and get a recommendation on it. It was agreed that the Council should take some action now since the billing for the previous month will be made on the 25th. Councilman Flaherty then made a motion to accept the contract as is with the exception of Article 4 where we ask for a recomputation of the 12.17% rate of subsidy based upon special school service for Burlington as shown in Exhibit A since the special services are at the expense of South Burlington. Councilman Gee seconded the motion which passed unanimously. DISCUSSION ON "LOCAL BUSINESSES" CHARGES ON USE OF LANDFILL Chairman Blais put this item on the agenda because he said he had been approached by business men in town who pay a substantial amount of taxes and don't feel they should be charged to use the landfill when they bring their refuse in their own truck. Mr. Szymanski, City Manager explained that trucks were charged for each load, the price being determined by the size of the vehicle, $1.00 for small pick- up trucks and more for larger ones. Highway Supervisor Audette remarked that the business firms could reflect the cost in their charges to the customers. Mr. Robenstein asked how much it cost to operate the landfill and Mr. Szymanski told him it was about $60,000 annually, approximately $6.00 per capita. Chairman Blais commented that the cost to some businesses was substantial, but added that he did not believe the rule can be waived at this point since this revenue is now built into our tax rate. Councilmen Nardelli and Brown had a discussion on the pros and cons of tax relief to the businessmen since this charge is an added expense in the course of operation. No action was taken and Chairman Blais said that it certainly was an item to be kept in mind since it may come up again at budget time. PROGRESS REPORT ON THE PREPARATION OF THE NEW ZONING ORDINANCE, MASTER PLAN AND SUBDIVISION REGULATIONS City Manager Szymanski said that Planning Commission Chairman Lamphere was unable to be present but he had given Mr. Szymanski the following report: Zoning Ordinance - we expect the final draft from Attorney Ewing this week. The draft will be in the hands of Planning Commission members this week and the Commission will meet in work session with Mr. Ewing and with Planning Consultant Dr. Hollister Kent. Next week we expect to print the draft of the Ordinance and advertise it for final reading. Master Plan - The Master Plan will be adopted simultaneously with the Zoning Ordinance. The Planning Commission has reviewed the rough draft and returned it to Doctor Kent for finalization. SIGN ORDINANCE - This is now completed and can be in the hands of the Council for first reading at the next meeting if the Council so desires. SUBDIVISION REGULATIONS - The Subdivision Regulations will be adopted after the Zoning Ordinance and Master Plan, together with an official city map. City Manager Szymanski said that he and Mr. Lamphere were reviewing the Subdivision regulations and are about 50% complete. In answer to Mr. Flaherty's question as to the number of public hearings we would hold on the Master Plan, Mr. Szymanski said only one was required. Councilman Nardelli commented that he would like the Sign Ordinance prepared for a first reading at the next Council meeting. Chairman Blais said he would request the Planning Commission to hold additional public hearings on the Master Plan so the public could be informed. Mr. Szymanski explained that the Master Plan and the Zoning Ordinance are considered at one time, and then the Subdivision Regulations and Official City Map will be taken up after. Mrs. Neubert spoke about the lack of knowledge concerning the Master Plan and Zoning Ordinance. She felt strongly that the public's wishes in regard to lakefront zoning and other areas were not being considered. Chairman Blais explained that at the Public Hearings with the Planning Commission ammendments to the Zoning Ordinance can be made as well as when it goes to the Council. He told her the meetings would be advertised and he hoped the press would give the meetings a lot of coverage. He also said he expected the ordinance would be printed so that the public could have copies to refer to at the public hearings. In answer to a question from Miss Marsh Doctor Brown said his understanding was that Dr. Kent will attend the Planning Commission Public Hearings. FEES FOR SUBDIVISION APPLICATIONS AND APPROVALS Dr. Brown and Mr. Flaherty explained how the Council became involved with the fee schedule and he and Mr. Flaherty detailed the steps leading to its submission by Mr. Ward to the Council and then to the Planning Commission. Councilman Nardelli felt the schedule as first presented was very elementary and felt we should adopt a resolution as suggested by Attorney Ewing until the schedule was finalized with more depth. City Manager Szymanski was asked to get a copy of the fee schedule with the latest corrections and date. The Council then considered 10 and 11 the next two items on the agenda and called a short recess while Mr. Szymanski was out of the room. Chairman Blais read the Fee Schedule, a copy of which is attached to and made a part of these minutes. City Manager Szymanski said he had consulted with the City Attorney and was told the setting of fees was an administrative function subject to Council resolution. He said this was true on the sewer fees. He was instructed to check with the City Attorney again to see if this would apply in regard to Subdivision Regulations. Councilman Nardelli then made a motion to adopt the Fee Schedule of September 12, 1972 in accordance to 24 VSA, Section 4418, as follows: "For the administration of subdivision review, the legislative body may establish reasonable fees which may include the cost of publishing notices and holding public hearings and for periodic inspections during the installation of public improvements. Such fees shall be payable by the applicant upon submission of the application for plat approval." Mr. Gee seconded the motion which passed with two negative votes by Councilman Brown and Chairman Blais. ACCEPT LOW BID OF $21,976 FROM ENGINEERS CONSTRUCTION COMPANY FOR RED ROCKS DEVELOPMENT, PHASE 1, PART II CONSIDER BIDS FOR LANDSCAPING IN RED ROCKS PARK DEVELOPMENT City Manager Szymanski requested the Council to also consider the awarding of a contract for landscaping in the Red Rocks Park Development along with the contract for the work on Phase I, Part II. The bids for Phase I, Part II were as follows: Engineers Construction Company $21,976.00 Senesac Construction Company 22,310.00 Brady Tree Service Inc.28,197.00 The bids for the landscaping in Red Rocks Park were as follows: W. Drinkwater $3,250.00 Brady Tree Service Inc.3,499.00 W. C. Horsford 3,406.67 Four Seasons Garden Center 3,745.00 Gardenside Nurseries 4,300.00 Councilman Nardelli made a motion to accept the Engineers Construction Company's low bid of $21,976 for Phase I, Part II Red Rocks Park construction and the low bid of W. Drinkwater of $3,250.00 for the landscaping in the Park. Councilman Gee seconded the motion which passed unanimously. Mr. Nardelli recommended that the Red Rocks Committee be advised of the progress on the work on Phase I and II. CONSIDER THE REARRANGING OF HIGHWAY BUDGET EQUIPMENT PRIORITIES TO PURCHASE THIS YEAR A HIGH PRESSURE SEWER CLEANER INSTEAD OF A DUMP MACHINE City Manager Szymanski explained that the highway budget proposed a new machine for the landfill. However we have just put $5,000 in repairing the current machine which he felt could be used for another year. He cited the need for a new high pressure sewer cleaner, the cost of which would be only for equipment needed to modify a truck that we obtained thru Civil Defense. The material will amount to about $8,000 and a new machine would run from $30,000 to $40,000. Highway Supervisor Audette concurred with Mr. Szymanski on the need for the cleaner and the fact that modifying the truck would be adequate. Motioned by Mr. Nardelli and seconded by Mr. Gee to instruct the City Manager to ask for bids on high pressure sewer cleaning equipment to be used on a city truck. Passed unanimously. Councilman Nardelli made a motion to go into Executive Session at 11 P.M. for discussion on the progress of negotiations of the Dog Catcher contract. Councilman Gee seconded the motion which passed unanimously. At 11:15 P.M. the regular meeting was reconvened. RESIGNATION OF JAMES PIZZAGALLI FROM THE CITY GOVERNMENT COMMITTEE Chairman Blais read a letter from Mr. Pizzagalli in which Mr. Pizzagalli tendered his resignation from the City Government Committee because he is moving out of the City. The Council accepted his resignation with sincere regret. DISCUSSION ON TEMPORARY USE OF LANDFILL BY CITY OF WINOOSKI This agenda item was not taken up as Mayor Casavant of Winooski was not in attendance. On motion duly made, seconded and unimously voted the Council Meeting was adjourned at 11:15 P.M. Approved Brian J. Gee, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.