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HomeMy WebLinkAboutMinutes - City Council - 09/18/1972South Burlington City Council Meeting September 18, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Monday, September 11, 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, Doctor Harold P. Brown, Michael D. Flaherty and Brian J. Gee. MEMBERS ABSENT None OTHERS PRESENT Ulrich Leppman, 30 Barrett St. Ruth A. Leppman, 30 Barrett St. Susan E. Lincoln, 3 Scotsdale Rd. Susan J. Schmidt, 11 Green Dolphin Drive Donald F. Marriott, 30 Andrews Avenue Lydia B. Lowell, Shelburne, Vermont David W. Webster, Bartletts Bay R. A. Irish, Bartletts Bay B. E. Buley, Bartletts Bay T. B. Irish, Bartletts Bay Karin Larson, 16 Oakhill Drive D. E. Moser, 20 Oakhill Drive Anna Johnston, 27 Mills Avenue Kay Neubert, 52 Elsom Parkway Kenneth Hildick, 18 Andrews Road L. S. Johnston, 27 Mills Avenue R. A. Lang, 15 Yandow Drive Wendell C. Craigie, 10 Woodbine Street Frank Mazar, Bartletts Bay Frank C. Jacquemard, Bartletts Bay Dr. H. M. Farmer, Bartletts Bay R. J. Guicciardi, 24 Andrews Avenue A. C. Audette, 62 Airport Parkway Alexander Guyette, 32 Barber Terrace George Wilson, Channel 3 T.V. News Charlotte C. Marsh, 1220 Shelburne Road Leo O'Connor, Free Press Reporter Clark Bensen, Spear Street Barbara Bull, East Terrace Arlene Krapcho, 13 Sebring Road Mary Barbara Maher, 660 Hinesburg Road William J. Szymanski, City Manager Joel Hunter, 16 Yandow Drive Mr. Blais, Chairman, expressed his appreciation for the large attendance of interested citizens. Chairman Blais then asked if there were any additions to the agenda. ADDITIONS TO AGENDA - DOG COMPLAINT Mr. Gee asked that a petition for the disposal of a vicious dog be placed on the agenda. Mr. Nardelli asked that this be expanded to include a progress report on the hiring of a dog catcher. VICIOUS DOG Mr. Edward Schirmer, 34 Mills Avenue, presented a petition regarding a vicious dog. He stated it was his duty to report that Jeff Goldberg of 40 Peterson Terrace was the owner of a vicious dog. There were seven signatures on the petition, a copy of which is attached. The petition and the names of signers was read by Mr. Schirmer who quoted the Vermont Statutes regarding the responsibility of the Council on this type of problem. The Statutes state that the Councilmen have 3 days in which to act. Mr. Schirmer then reported that his wife was bitten by the dog and also that several other people in the area were bitten by this dog. Mr. Schirmer said his dog was blinded by this dog requiring a special trip to Boston for treatment. Chairman Blais asked if the police were called to investigate the incident. Mr. Schirmer stated that they were called on numerous occasions. Councilmen Flaherty and Nardelli were appointed to investigate the incident and City Manager Szymanski was requested to ask for a detailed report on the incident from the Police Department within two days. Mr. Nardelli also asked that the police investigate a dog complaint at 1 Duval Street and also report on it. Kay Newbert wondered why it takes so long for police to investigate such incidents. The difficulty of enforcing the leash law was then discussed. BARTLETTS BAY SEWERAGE AND LAKE SHORE ZONING Mr. Frank Mazur, President of the Bartletts Bay Association pointed out that the proposed budget included scheduling the sewerage system in the area for the 1972 construction year. The quotes in the 1972 City Report regarding the Bartletts Bay construction were also pointed out. Mr. Mazur stated that monies seem to be available, and there is a great need for the facilities. He reported that there are 19 homes in Bartletts Bay. The 1970 assessment was $319,014 and was increased to $992,800 in the 1971 reappraisal, an increase of 115%. The area contributes very heavily in taxes with little demand for services. There are six school children in Bartletts Bay. Mr. Mazur felt that the lake front should be top priority in sewerage. He requested the Council to set a firm schedule as to sewers as well as water services. A petition was presented, a copy of which is attached to these minutes. Mr. Blais, Chairman, asked if this was a part of Phase IV. City Manager Szymanski replied that it was not a part of the original Phase IV but was added later on. Mr. Blais explained the mechanics of the method of funding sewer projects. He requested that we proceed with the system, that it should be of high priority since it was a portion of the lake shore. The petition was read by Mr. Mazur who then stated that the sewer plant does have an odor at times. Chairman Blais asked for a motion to instruct the Manager to reapply to the state for aid in the construction of the project. The motion was made by Mr. Gee, seconded by Mr. Nardelli and approved by all. Mr. Nardelli asked that all documentation connected to the funding of this project be forwarded to the representative of the Bartletts Bay Association. PETITION RE: HIGH DENSITY CONSTRUCTION IN BARTLETTS BAY AREA Doctor Farmer presented a petition objecting to the proposed high density development in the area. There is a copy of this petition attached to and made a part of these minutes. Chairman Blais said that the proposed new zoning ordinance is yet to be approved and requested that the interested citizens be present at the proposed Planning Commission meeting and voice their objections. Chairman Blais said the meeting would be held during the second or third week in October. SPEEDING AT BARTLETTS BAY ROAD INTERSECTION Mr. Mazur said a serious condition exists at the Bartletts Bay Road intersection and requested the speed limit be reduced to 35 MPH. He asked that the State Highway Department be notified of the request and its comments be forwarded to him. DRAINAGE AT BARTLETTS BAY Mr. David Webster spoke on drainage. He stated that all drainage flows to Bartletts Bay and said the runoff is very great and backs up onto the adjacent lands. The need for drainage work is great and that the City is doing nothing. He said this is a serious problem. The City Manager was instructed to investigate the problem and to report back at the next meeting. Councilman Flaherty made a motion to forward a copy of the density petition, as presented by Dr. Farmer, to the Planning Commission. Motion seconded by Councilman Gee and passed unanimously. FIRST READING OF NO BURNING ORDINANCE City Manager Szymanski read the amended ordinance on "No Burning", explaining this was an amended version of our burning ordinance. Chairman Blais said we have a choice as to type of ordinance, allowing burning in a commercial incinerator or no burning at all. Mrs. Bull asked if the commercial incinerator ordinance is enforced. City Manager Szymanski said the Fire Chief does check this closely. Chairman Blais asked for comments. Mr. Flaherty said he preferred to have the No Burning Ordinance. Dr. Brown said he felt that in outlying areas burning could be permitted on a limited basis. Mr. Bensen of lower Spear Street also said he felt that in outlying areas limited burning should be permitted. Charlotte Marsh asked if brush burning is permitted. She was told that it is permitted if a permit is obtained from the fire department. Mr. Audette of the Highway Department said the state now permits the burning of untreated wood without a permit. Councilman Gee asked if contractors could burn and was told that they could, on a daily basis with a permit. A woman asked if a blanket permit could be granted to burn in the outlying areas. Chairman Blais said the burning would have to be in the gas fired incinerators, just clean burning. Arlene Krapcho asked if we are aiming to limit the burning in gas fired incinerators, and Chairman Blais said they can be used if inspected and approved. Motion was made by Councilman Flaherty moved to accept the first reading and to advertise the No Burning Ordinance as read by Mr. Szymanski. Motion seconded by Councilman Nardelli and approved unanimously. CONSIDER THE PLACING OF THE NEIGHBORHOOD PARK ACQUISITION PROGRAM ON THE NOVEMBER 7TH BALLOT Chairman Blais outlined briefly the need for a decision since if the item is to be placed on the November 7th ballot the warning must be advertised prior to October 7th. He pointed out the locations of the properties on a plan describing each area in detail. He also stated all parties are willing to sell except for the possibility of the Farrell property which appears quite expensive based on its appraised value, which is approximately $29,500 per acre. Chairman Blais also described the problems with the Potter land. He outlined the conditions to the acquisition of the Potter property. Cost of the total acquisition is $200,000. 50% of that is available, plus the $18,000 in the Natural Resources budget account, which leaves a balance of $82,000. Chairman Blais also described several alternatives to the funding method. Councilman Flaherty said he is unhappy with the Potter proposal. He felt we should have an appraisal of the property and offer this to Potter in lieu of the conditions he has set. Councilman Gee agreed with Mr. Flaherty, saying also that we should delete the Farrell property site from consideration. Doctor Brown said he disagreed with Mr. Flaherty on his statement attributed to Dr. Kent regarding the access from Andrews Avenue to the Potter development. Councilman Nardelli said we should delete the Potter development until further investigations are made. Mrs. Neubert asked who picked the sites. Chairman Blais proceeded to explain how this was done. He said that a hearing was held for input. This included people from Natural Resources as well as residents from the areas involved. Mrs. Larson noted that the Garvey property has a time limit, and we should proceed with its acquisition. Other sites acquisition could be postponed until the May election. Mr. Moser wondered what has to be done in order to use the $18,000 budgeted, asking if it to go to referendum to be spent. Chairman Blais said no. Arlene Krapcho asked if the Dumont land is the only open land in the area. City Manager Szymanski replied that the only land left was Ramada Inn land north of the site. Mrs. Krapcho also asked about distances to parks in the vicinity, and Chairman Blais gave the approximate distances. Mrs. Krapcho felt that Dr. Kent should be consulted on these sites, and asked to have the population in the area assessed and wondered if the density exists. Chairman Blais said he felt acquisition of a park in the area was justified as to density. Mrs. Johnson asked if the areas in question were zoned residential, and wondered how they were being planned in the new zoning regulations. Mrs. Maher described some of the proposed zoning ordinance. Mrs. Neubert asked for a description of the Dumont properties, and Chairman Blais described the approximate site location. Mr. Mazur asked if there would be any development costs. Chairman Blais said nothing has been projected at this time, but he felt the cost would be nominal, that it would be based on need and could possibly be included in the city budget. Councilman Brown asked Chairman Blais to go into greater detail as to the necessity of neighborhood parks. Mr. Blais said that petitions for two sites were submitted, and he felt instead of the two sites, the whole city should be considered. Mr. Lang said that park acreage in the city, after the acquisition of these properties would be about 200 acres or 800 sq. ft. per person. He then asked if acquisition of the U.V.M. property was investigated for a park instead of the Potter property. Mr. Blais said that the average amount of park area for a city our size is 800 acres. He also said that we have had the use of U.V.M. property, and have investigated the possibility of acquiring some and have been turned down. Richard Guicciardi agreeded with Mr. Gee and Mr. Flaherty regarding the Potter development and said it was the feeling of most of the residents in Laurel Hill South. He said he was under the impression that the Planning Commission should be consulted on the Potter proposal. He also felt that the parcels for the neighborhood parks should be handled individually, otherwise it would be defeated. Chairman Blais answered that the Planning Commission was not consulted and proceeded to explain the function of the Planning Commission regarding the responsibility to the City Council. He then went into detail as to the appeal date of the Potter appeal. Doctor Brown also clarified the steps determining an appeal date. Mr. Johnston agreed with Mr. Gee and Mr. Flaherty about the Potter development as well as the expansion of the scope as originally proposed in each of the other properties. Donald Marriott remarked that the access by Andrews Avenue would be opened to everyone. Arlene Krapcho emphasized the master plan concept regarding neighborhood parks, saying that everyone should not be afraid of B.O.R. funding and its possible consequences. Councilman Nardelli thought we should drop consideration of all but the O'Brien or Garvey properties because we have not heard from the people in the other neighborhood areas. Chairman Blais disagreed with Mr. Flaherty. A resident said we should persue the Garvey property acquision. Mr. Audette disagreed with Councilman Nardelli and agreed with Chairman Blais on the acquisition of all properties as a package. Councilman Flaherty stated that time is critical for a vote if it is to be placed on the November ballot. Mrs. Hildick stated that there is a need for parks, and that we should not be blackmailed into the acquisition of property, that the Council should systematically inspect areas and designate them for recreation. Chairman Blais said this was now being done, and then further explained details of the Potter acquisition. Mrs. Hildick asked what would happen if the land was not available after a bond vote, would it be acquired by condemnation. Joel Hunter said we should acquire the property of Mr. Potter regardless of the conditions set, this to confirm to the recommendations of the Planning Commission and Dr. Kent. Mrs. Larson spoke about the outcome of the sewer study. She wondered if the number of units allowable would be considerably less which would reflect on the cost of the land. Donald Moser commended the Council on its response to the petitions, and said the Council should not be under pressure to acquire the properties, that the Potter conditions regarding 28 units might be a permanent set-up. He felt we should proceed with the purchase of the Garvey property and that more time should be taken in the negotiations. He also felt that Fire District 4 funds could be used for the purchase of land. Charlotte Marsh asked if each piece of property would be put to a vote separately (listed separately on the ballot). Chairman Blais objected to this form because large areas with more voters would tend to be successful while other areas might not. Councilman Nardelli said we should proceed and purchase the Garvey property with the $18,000 budgeted on a yearly purchase lease agreement. Chairman Blais read the Attorney's recommendation on this arrangement. A resident questioned the Potter requirement for furnishing 15% of his land if some of the land is acquired by the city and he was informed that he (Potter) would still be required to give 15% of the balance. Arlene Krapcho said we should consider the whole city and that the Planning Consultant should be consulted before we proceed with the acquisition, that the need should be justified. Mr. Audette questioned borrowing in order to purchase the Garvey property. Chairman Blais replied that it would be only for a three year period, also that encumbering the budget is not possible. He then read John Ewing's letter on this matter, a copy of which is attached to and made a part of these minutes. Mrs. Johnston said that we should move on the acquisition of the Garvey property. Councilman Flaherty made a motion to instruct the City Manager to approach Daniel O'Brien and ask him if he would extend the option to June 1, 1973 on the Garvey property, the Council to meet the next week to discuss this. Also to place all the neighborhood parks being considered on the May ballot as one item. The motion was seconded by Mr. Gee, and passed unanimously. Dr. Brown then remarked that he felt the issue should be by referrendum. Mr. Flaherty was appointed as representative on the negotiating team. At 10:30 P.M. Councilman Nardelli made a motion to go into Executive Session. Motion seconded by Mr. Gee and unanimously passed. REGULAR SESSION The regular session was reconvened at 11:00 P.M. APPOINTMENT OF CITY AGENT AND CITY GRAND JUROR On motion made by Mr. Nardelli, seconded by Mr. Gee, and unanimously passed Mr. Denis J. Blanck, Attorney, was appointed as South Burlington City Agent and Grand Juror. On motion duly made, seconded, and so passed the regular meeting was recessed until Monday, September 25, 1972, at 7:30 P.M. Approved - Brian J. Gee, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.