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HomeMy WebLinkAboutMinutes - City Council - 01/15/1973SOUTH BURLINGTON CITY COUNCIL MEETING JANUARY 15, 1973 The South Burlington City Council held a regular meeting on Monday, January 15, 1973, in the Conference Room of the City Hall on 1175 Williston Rd. MEMBERS PRESENT Chairman Frederick Blais, Harold Brown, Michael Flaherty, Brian Gee, and Walter Nardelli. OTHERS PRESENT Duane D. Barlier Paul S. Zerr Charlotte Marsh Geo Smith F. McCaffrey Leo O'Connor, Free Press C. Benfield, Free Press Karin Larsen Kay Newbert William Robenstein Mary Barbara Maher, Planning Commission Vincent D'Acuti Peter Bergh Bruce O'Neil, Recreation Director Peter Yankowski Fred Sargent William Szymanski, City Manager Richard Ward, Code Officer Barbara Bull, Chairman Natural Resources Committee Chairman Blais opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. MINUTES OF JANUARY 8, 1973 Mr. Gee said that on P.3 the figure 8% should be changed to 13%. Mr. Nardelli moved to accept the minutes of January 8, 1973, as corrected by Mr. Gee. Mr. Gee seconded the motion. The motion was passed unanimously. DISBURSEMENTS Chairman Blais reminded the members of the Council to sign the disbursements at their leisure during the meeting. ADDED TO AGENDA Chairman Blais asked the Council if they had any last minute items to add to the agenda. Mr. Nardelli said he wanted to discuss ideas on how to use the Revenue Sharing money from the Federal Government. Mr. Flaherty asked if the formula had come yet, and Chairman Blais said no. Chairman Blais added this discussion to the agenda. REVIEW DRAFT OF DOGCATCHER AGREEMENT Chairman Blais said that Article 5 on P. 2 does not make note that the sum of $4,000 is payable as of July 1, 1973. Chairman Blais wanted to know what is meant by the clause on P.2 Article 3 that "All impounded dogs shall be boarded for a period to be determined...which shall be of a reasonable time..." Mr. Brown noted that dogs not tagged may be held for 10 days for Rabies Observation, and he therefore recommended to hold impounded dogs for a minimum of five days and a maximum of ten days. Mr. Nardelli said he believed that Article 4 should specify the intent that dogs will not be sold for scientific experimentation. Miss Marsh suggested that the period of holding should begin after the owner has been notified. Mr. Brown suggested that Article 3 could have an additional clause stating the Poundkeeper shall notify owners "immediately whenever possible" or within 24 hours. Mr. Brown said that Article 2 which specifies that the Poundkeeper keep the names of complaining citizens confidential, revealing such names to the City Police Department at its request, would be of help to dog owners wanting to solve specific problems. Chairman Blais said he agreed as long as it was in the hands of the police. Miss Marsh said she disagreed, because neighbors won't complain if their names are revealed. Mr. Szymanski said he was unsure of the extent of the authority of the police to reveal names. Chairman Blais asked under what situation would it be necessary for the police to reveal names. Mr. Szymanski said a special investigation, such as for a dog bite. Mr. Gee said that he had received calls that names be kept confidential as much as possible. Mr. Flaherty asked how the owner of a dog that was unlicensed or had lost its license would be notified. Mr. Szymanski said that he would put the procedure in the Spokesman, which would include suggestions to call a local poundkeeper, dog hospitals, and to watch the lost and found section of the newspaper. Mr. Nardelli reiterated that he would like a positive statement in agreement that no animal would be sold for research. Mr. Gee read a letter from the City Attorney concerning the authority of the Poundkeeper impounding dogs running at large. The letter said the Poundkeeper has the right to impound dogs running in city streets, parks, schools, and private property other than the dog owner's without permission. The letter said it is preferable for the Poundkeeper to get permission before entering private property, and that the Poundkeeper would have to leave the private property if asked to by the owner. The letter further stated that the City could not raise license fees set by the State, except by special Charter provision. It was noted by a Council Member that Winooski and Burlington do have a special Charter provision authorizing the cities to raise fees. Mr. Gee felt South Burlington should have a similar Charter provision. Chairman Blais said that the city's Government Committee could consider this Charter provision. Chairman Blais asked if the Council was ready to authorize the signing of the Poundkeeper Agreement. Mr. Gee asked when it would go in effect after signing. Chairman Blais said immediately. Mr. Gee asked if they should wait until February 1 the beginning of the second half of the fiscal year. Mr. Szymanski said it would not be a problem for bookkeeping to start employment and that at any rate, payment could not be made until July 1, 1973. Mr. Brown moved to adopt the Poundkeeper Agreement, with a copy of the revisions attached to the Agreement. Mr. Gee seconded the motion. The motion was passed unanimously. REVIEW LEGISLATIVE DRAFT ENABLING A DISTRICT TRANSIT AUTHORITY Chairman Blais said the draft was to enable the county to replace BRT if dropped. He emphasized the enabling draft was not a commitment but only enabling legislation, without which the county could not engage in a transit authority if it chose to do so in the future. Chairman Blais said that the present special legislation terminates June 30, 1973. Mr. Nardelli said that he is against accepting any draft before there is research on the effect of an authority being granted. He said that an authority has the same rights as a corporation, i.e. right to bond, to purchase, etc. He said that it could be a superior authority over the communities, and that it is possible that if a bond issue is accepted by the majority of the members, a member city could not withdraw. Mr. Nardelli said that there is a full 100 page report by a consultant of Chittenden County that has researched alternatives and statistics that he would like to study first. He would also like to have a better understanding of finances. Mr. Flaherty said that without first going over background information the Council would not be able to give any input concerning Chittenden County transit proposals. Chairman Blais agreed with deferring action, but said it was a logical request that the Council indicate whether or not it wants to encourage the enabling legislation or not. Mr. Nardelli said that this was an actual proposal of direction and that different answers should be investigated before any direction is given by the Council. Mr. Gee said that the concept of a regional authority could be encouraged, but he expressed concern that the proposal outlined strong provisions of authority. Mr. Flaherty asked what was the enabling legislation for an authority based on. Chairman Blais said that Mr. John Ewing was requested to draw up a draft by the C.C.R.P.C. Mr. Nardelli moved to table discussion until the next meeting and to ask Mr. John Ewing and possibly Mr. Art Hogan, Director of C.C.R.P.C. to be at the meeting. Mr. Gee seconded the motion. The motion was passed unanimously. REPORT BY FREDERICK BLAIS ON THE INTER-COMMUNITY MEETING ON BUS SERVICE Chairman Blais said that a report by the Consultants recommended Scheme #2 as being the most realistic approach, which basically provides that an authority owns a system and then hires a company to run the system. Scheme #2 suggests evening service, adding Kennedy Dr.-Hinesburg Rd. Chairman Blais said that the consultants have agreed to study peak hours and to consider the Laurel Hill area for service. He said it proposed to maintain the present fare of 35 Cents, with the exception that this fare would pay for a ride anywhere in the Burlington area (except to Essex Jct.). The present fare of 35 cents does not cover transfers. Chairman Blais said the total estimate of cost would be $857,200 with a 2/3 federal grant, making the local share $285,734. Mr. Nardelli said that he would like to have a financial report in detail from BRT. Chairman Blais said that the Public Service Board has requested detailed reports and that copies would be given to the regional planning commission and ultimately to the towns, starting next month. Mr. Nardelli questioned how much deficit would have to be carried by the towns in the next five years. Chairman Blais said that capital improvements would need the subsidized, but that the subsidy portion would decrease in time. Chairman Blais noted that the subsidy share for South Burlington has been one-half the estimated cost for the past three months. Mrs. Newbert asked if there had been research or investigation for private enterprise. Chairman Blais said that the consultants' report dealt with the subject. Mr. Flaherty asked what date was on the enabling legislation. Chairman Blais said February 1, 1973. Mr. Flaherty expressed doubt that the proposed legislation would receive adequate consideration by that date. CONSIDERATION OF SPECIAL ELECTION FOR CHITTENDEN COUNTY COURT HOUSE RECONSTRUCTION BOND ISSUE. Chairman Blais turned the meeting over to Vice-Chairman Brown, because he said he feels he has a conflict of interest, since he is on the architectural team for the proposed reconstruction. Mr. Brown explained that if the county wants the proposed reconstruction for a Chittenden County Court House, there has to be popular voting on a bond issue. He said that the proposed bond issue is not to exceed $1,400,000. Mr. Nardelli and Mr. Gee asked if there were specs on hand. Mr. Brown said no. Mr. Flaherty asked what would be South Burlington's share. Mr. Szymanski said slightly over 1 cent or $6,000.00 for the next 20 years. Mr. Szymanski explained that the vote had to be simultaneous for all the communities, and since South Burlington's Annual Meeting is not until May, it has to hold a special election which is the same date as Town Meeting Day for the other towns. Mrs. Nardelli said the Council should receive information before the City Council is asked to consider a vote on the issue. Mr. Nardelli moved to table discussion until the next meeting. Mr. Flaherty seconded the motion. Mr. Nardelli said the Council should ask for financial projection of costs and how much money is already available. Mrs. Neubert asked Chairman Blais if bids were received yet. Vice- Chairman Brown explained Chairman Blais would not answer any questions until after the meeting. The motion was passed unanimously. Miss Marsh commented that the motion did not indicate why discussion was tabled. DISCUSSION ON PROPOSED VELCO ROUTES THROUGH THE CITY. Chairman Blais explained that Judge Gibson will reopen hearings, provided all parties agree on a route for the proposed 115 KV Velco Route, which will not be underground. Chairman Blais said that Green Mountain, Mr. Carbine, and Mr. Noble have signed a petition requesting modification of the northerly route to replace the chosen southerly route by the P.S.B. Chairman Blais said signing of the petition would attest agreement with all parts of the modified northerly route as shown on a map, marked Exhibit A. Mrs. Bull, Chairman of the Natural Resources Committee and Mrs. Maher, member of the Planning Commission, said that Exhibit A shows the modified northerly route to pass through the middle of Farrell Park through a ravine and wet area, which is not the recommended modification by the Natural Resources Committee and the Planning Commission. Exhibit A does show bypassing the High School as recommended by South Burlington officials, but does not know the proposed line going north of Farrell Park as recommended in a letter to the P.S.B. from City Attorney John Ewing. Mrs. Maher further commented that it was her understanding that there would be only single poles near Lake Champlain and rural areas. Chairman Blais instructed Mr. Ward to set up a work session with representatives from the Natural Resources Committee, Planning Commission, Velco and any other interested parties to discuss the matter. He also instructed the members of the Council not to sign the petition in its present form. He asked if there was any opposition to his instructions. There were no objections. REVIEW OF PROPOSED RED ROCKS PARK BATHHOUSE PLANS Mr. Yankowski said that there were two houses adjacent to the park that might be purchased in the future which would provide winterized shelter. He said that the plans for the proposed bathhouse could be modified to provide a winterized first aid area. He said the committee would like to see the life guard room be provided with more window area to allow a greater visual surveillance from inside. Chairman Blais asked what other facilities might be needed for the park. Mr. Bergh said resusitators, rafts were some needs. Mr. Szymanski reminded the Council that BOR funds will not cover anything other than outdoor recreation facilities. Chairman Blais said that a plan for a bathhouse had to be agreed upon and submitted for approval in order to change the present plans already approved for BOR funds. Mrs. Newbert remarked that an open breezeway was less useful than an enclosed area for public use. She urged that the bathhouse be carefully designed for maximum public use, at the least cost. Mr. Nardelli asked if the two other properties would be suitable for a bathhouse. Mr. Bergh said the properties were not accessible enough to be appropriate for a bathhouse but could be used for other community functions. Miss Marsh said she wanted the BOR funds to construct the bathhouse to serve the immediate need of a bathhouse, and leave the owners of the adjacent properties alone and let them live their lives out there. Mr. O'Neil, Director of Recreation, asked the Council if it was the duty of the Red Rocks Committee to be working on a budget. Chairman Blais said that he wanted to find out if the park will require financial means, in the future. Chairman Blais said that, for example, BOR funds will not cover costs for a catwalk along the bridge or for regulating lights. Mr. Gee asked if the showers and baths for the life guards had to be separated from the location of the public facilities. Mr. Szymanski said that future state regulations will require public facilities to be separate from employee facilities. Chairman Blais said he wanted the Red Rocks Committee working toward firmer plans, and instructed the committee to discuss use of the funds. VINCENT D'ACUTI DISCUSSING AIRPORT AUTHORITY AND ENFORCEMENT Mr. D'Acuti asked the Council to ask the City Attorney to determine who enforces parking and other rules of the Airport Commission. Mr. D'Acuti said there was a conflict on the Airport grounds when the Independent Taxicabs attempted to infringe on the authority of the Yellow Cabs to exclusively handle customers from the Airport. This authority was granted by the Airport Commission after submission of rates. Mr. Flaherty asked how many companies submitted, and Mr. D'Acuti said 2. Chairman Blais instructed that Mr. Nardelli, Mr. Gee, Mr. McNeil, and Mr. Ewing discuss the whole situation of rules and regulations and enforcement, for the airport. OPEN MEETING ON PROPOSED SIGN ORDINANCE. Chairman Blais said that he had been advised by Mrs. Arlene Krapcho that Section 106 of the City Charter says that once an ordinance is given a first reading a second hearing must be held on the ordinance in the form passed at the first reading. At the time of the second reading amendments may be made, after which another hearing must be held no sooner than three days after public notification. Mrs. Maher asked what was the purpose of the readings. Chairman Blais said approval of a first reading is necessary in order for an ordinance to be considered for final approval. Mr. Flaherty questioned whether the phrase, "...approval of the ordinance of the first reading..." meant approval of age ordinance or approval of the first reading. Mr. Nardelli said the motions made by the Council at the previous meeting could be offered after the second hearing. ADJOURNMENT Mr. Brown made the motion to adjourn at 10:30 P.M. Mr. Gee seconded the motion. The motion was passed unanimously. Approved Brian J. Gee, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.