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HomeMy WebLinkAboutMinutes - City Council - 11/19/1973SOUTH BURLINGTON CITY COUNCIL MEETING NOVEMBER 19, 1973 The South Burlington City Council held a regular meeting in the City Hall Conference Room, Williston Road, on Monday, November 19, 1973 at 7:30 P.M. Chairman Nardelli opened the meeting with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Chairman Walter Nardelli, Catherine Neubert, Michael Flaherty, Paul Farrar and William Cimonetti MEMBERS ABSENT None OTHERS PRESENT William J. Szymanski, City Manager; Richard Ward, Zoning Administrator, Scott H. Tower, Sen. Jack O'Brien, Edmund McGlynn, Joyce McGlynn, Patricia Calkins, Rena Calkins, Albert C. Audette, A. J. Blair, George O'Brien, Richard Spokes, Charlotte C. Marsh, Arlene Krapcho, William E. Mikell, Ralph Goodrich, Mary Barbara Maher, Douglas Tudhope, Frederick Sargent, Ray Unsworth, William Robenstein, Alex Guyette, Jack Tabaka, Mr. Boulanger, Dr. Farmer Mr. Nardelli asked if anything was to be added to the agenda. Mr. Szymanski stated he had a sheet for non-budgetary items and also stated he had a highway State Aid Plan. READING OF THE MINUTES OF THE NOVEMBER 5, 1973 MEETING Mr. Flaherty made a motion to accept the minutes of the meeting of November 5, 1973. Mr. Cimonetti seconded said motion which passed unanimously. DISBURSEMENT ORDERS Mr. Nardelli reminded the Councilmen that the disbursement orders were on the table for approval and signature. MEET WITH SOUTH BURLINGTON LEGISLATORS FOR DISCUSSION OF PENDING LEGISLATION. There was discussion, re: personal property tax. Sen. O'Brien stated he thought the tax would remain. Mr. Tudhope stated there was some thinking about changing the administration of the personal property tax. The Rockingham Plan was mentioned. Mr. Tudhope also stated that the amount of money derived from the personal property tax is of such magnitude they cannot give it up. Some of this tax is coming from out-of-staters. It was stated that there is no move to give up said tax. Sen. O'Brien's reason stated that how would the towns and cities get their money if the tax was given up. There was discussion, re: fines. Mr. Nardelli asked if there was any thinking in the direction of getting some revenue back from the state to the city. So, Burlington has not received any money and they anticipated $12,000.00. Mr. Tudhope stated they (Sen. O'Brien and Mr. Tudhope) could initiate something to make an inquiry. Mr. Nardelli asked what is going on in Montpelier which will affect So, Burlington. Sen. O'Brien answered the Bottle Ban Bill. He stated the bill is in committee. He also wanted to know if the City was in favor of the Bottle Ban or getting the money. If there was no Bottle Ban, the City would get $16,000.00. Mr. Cimonetti asked if the Committee could bring the bill out so the City could get the 4 mils. It was stated that recycling centers are going to be set up. Mr. Cimonetti asked if it would be possible to have the Bottle Ban and still return the 4 mils to the community. Mr. Tudhope stated he did not think so. He stated it would take some new legislation to return a part of that to the community, and he stated there would be some new attempts to change the present Bottle Ban. Sen. O'Brien stated the bottles are not reusable. Mr. Cimonetti asked if the City could have the best of both - the money and the Bottle Ban. Sen. O'Brien stated the Council should try to get the 8 mils tax or get the 4 mils tax. There was more discussion, re: Bottle Ban. Mr. Tudhope stated that the general sentiment is to give the present Bottle Ban a chance to see if it is effective, and stated our present system is not a proper one and changes have to be made. He stated the public would like to see recycling or have reusable bottles. Sen. O'Brien stated that recycling will cost a great deal of money. Mr. Tudhope stated the energy question will dominate the legislature, re: rationing and allocations, along with mortgage money problem to be treated by the legislators, Land Use Plan, home construction, regional appraisals, solid waste disposal, building aid formula for education and school construction, reassessment of highway program, public transportation legislation, prison at Windsor, $5,000,000.00 surplus in the State at the end of the year. Mr. Tudhope stated all of these items will come before the legislature in the near future. Mrs. Neubert asked about the Rockingham Plan. Mr. Tudhope gave a resume of the Plan. Mr. Nardelli asked about the Land Use Plan - is it not to be state wide zoning. Sen. O'Brien stated it was, and the towns could conform to the state. It was stated that state zoning would take precedence over town zoning. Mr. Tudhope stated that it is being called State Wide Zoning, and also stated that he can't believe that this legislature will pass a State Wide Zoning Law. There was discussion, re: state wide zoning and local Planning Commissions giving imput to the state. Mr. Tudhope believes that basic decisions should be left to the local Planning Commissions and Councils. Mr. Farrar stated a problem facing So. Burlington is inflation. He wondered if reassessment could be made simpler - could there be legislation for the local level re: reassessment. There was more discussion, re: tax rates and reassessments. Mr. Tudhope stated he would like to see the state take over more of the school costs. There was discussion, re: tax interest, ceiling on mortgage rates; State Highway Dept, having over $50 million dollars as of next year and the use of said money. Mr. Tudhope stated the legislators should be asked for a periodical report by the City. Mr. Nardelli thanked the legislators for attending the meeting. DISCUSSION ON MRS. MAHER'S NOVEMBER 6, 1973 MEMORANDUM This discussion was in regard to Mrs. Maher's memorandum dated November 6, 1973, re: southeast quadrant - forming a committee of home and landowners in the southeast quadrant. There was a memo from Mr. Spokes, re: preservation of open space and tax stabilization in the southeast quadrant. This was summarized by Mr. Spokes and there was discussion, re: II. Effect of Zoning on Fair Market Value. There was also discussion, re: III. Municipality Requiring Development Rights or other Interests in Real Estate. Mr. Nardelli questioned #III and Mr. Spokes answered by stating there would have to be voter approval. During this discussion, Mr. Goodrich stated free enterprise should be allowed to flow. Mr. Nardelli asked if the formation of a Committee should wait until after the work is completed on the Master Plan. There was further discussion, re: Shelburne and St. George - development rights. Mr. Farrar stated he was not in favor of #I - Tax Stabilization Contracts in Mr. Spokes memo but stated he would be willing to explore #III. Mr. Spokes stated it would be better to wait until the Master Plan and zoning are finished before a committee is formed. Mr. Mikel stated that #III of Mr. Spokes memo is the best to follow and that most landowners would respond affirmatively to this one. He also stated that if there was a select committee to make contact with owners of pieces of property that the City wanted to keep open, this would go forward quite independently of the zoning. He thinks time would be gained by getting in touch with the home owners and landowners. Mrs. Maher stated she did not envision anything happening until after the Master Plan and zoning were finished. Mr. Cimonetti asked what a different committee could do - he stated the governmental bodies have a charge to perform now. Mrs. Maher stated it would not be a policy making committee but an investigating committee. Mr. Spokes stated that they have to find out the reaction from the owners of property in the southeast quadrant. Mrs. Neubert stated she agrees with Mr. Cimonetti and stated that a committee could be considered in a month or so when the zoning and Master Plan are shaping up. Mr. Nardelli stated some of the items in Mr. Spokes memo could be broken down and would like to see financial interplay. There was discussion, re: recreation rights, etc. Mrs. Krapcho stated there are resources in the community that could be helpful. Mr. Nardelli stated that the Planning Commission should work with Mr. Spokes. Mr. Flaherty stated that early in January the hearings will start on zoning and then a committee could be formed and in the meantime Mr. Spokes could research all the aspects, and after January members of the Planning Commission and City Council could get help along with the City Attorney. DISCUSSION ON AGRICULTURAL-RURAL DISTRICT ZONING Mr. Nardelli stated this item is a little out of order and stated the Council should not discuss this issue at all. He stated it will be part of an overall review when the zoning is finished, and the Council should not react to this communication. He stated it would not be in the best interest of the Planning Commission and Council. All the members of the Council agreed. Mr. Nardelli also stated he would prefer that the public should go to the Planning Commission meeting to hear about this item. Mrs. Maher explained what the change was in this item. Mr. Mikell agreed from a parliamentary standpoint that if individual phases are taken up, if not done carefully, it becomes a precedent. He did suggest that this problem should merit some individual attention. Mrs. Neubert stated the Council is being put on the spot and suggested the Planning Commission be asked. She also stated there has always been a growth zone, and stated the restriction on the growth is on sewage and water. SANCTION USE VARIANCE OF E. AND J, McGLYNN, 5 PETERSON TERRACE, FOR PERMISSION TO OPERATE A BOARDING HOUSE FOR ELDERLY PEOPLE It was stated the addition to this property is 12 feet by 28 feet within 15 feet of the property line in front. The Zoning Board agreed to approve the use variance. Mr. Ward stated the Zoning Board wanted it refereed to the Council. It is not allowed now. Mr. Farrar asked if we are required by law to allow such things as boarding houses. Mr. Spokes stated that by law, it should be allowed. Mrs. Neubert questioned changing a residence in a residential neighborhood for another use. She doesn't see how the City Council can vote on it without anything in the Ordinance. It was stated a Use Variance is passed along with the land. Mrs. McGlynn, the owner, was present and asked if her being in professional work in her home would make a difference, and she also stated that her neighbors do not object. It was stated there is nothing in the Ordinance, re: boarding houses. Mrs. McGlynn stated if she had more than three patients, she would have to have a license from the State. Mr. Cimonetti stated it could be changed from operating a boarding house to a home for taking care of three elderly people. If she wanted to expand, she would have to come back for another variance. Mr. Nardelli stated the issue at hand is the Use Variance. Mr. Cimonetti asked if it could be modified to an unlicensed home for elderly persons. Mr. Nardelli suggested that this be amended and then sent back to the Zoning Board. Mr. Ward stated the Zoning Board would have no objections to amending the Variance. Mr. Farrar made a motion that the Council grant the Variance as approved by the Zoning Board of Adjustment with the additional proviso that the total number of people who will be occupying on a rental type basis be no more than three and these people be elderly people in need of some type of care and this stipulation be agreed to in writing by the owners of the property. Mr. Flaherty seconded said motion which passed unanimously. Mrs. Neubert questioned - if the Council turned this down, the variance would not be granted? CONSIDER MEMORANDUM FROM CHAIRMAN FRED MAHER OF THE CITY GOVERNMENT COMMITTEE The memorandum from Mr. Maher considers additional appointments to the Committee, considers charter changes on the school budget limitations and considers changing the name of the committee. Additional appointments were discussed, re: there are 10 or 11 members now, none turn up regularly and they don't agree with what the School Board is requesting. Mrs. Neubert asked if a letter could be sent to the committee members asking if they want to continue. Mr. Cimonetti stated communication from the Council by letter is very good. Mr. Szymanski was instructed to send letters to members. There was discussion, re: changing name to City Charter Committee. Mr. Flaherty made a motion to change the City Government Committee to City Charter Committee. Mrs. Neubert seconded said motion which passed unanimously. Mr. Farrar stated the City Charter is not workable, re: inflation rate of So, Burlington. Mr. Cimonetti stated the School Board feels that they have a real problem and we should keep tract of the progress of their problem in the Committee. DISCUSSION ON PURCHASE OF MORRILL FARM BY WINOOSKI VALLEY PARK DISTRICT Mr. Boulanger gave the presentation of this item. It was stated that in March of 1972, the voters voted to join the Winooski Park District. There was discussion by Mr. Boulanger, re: budget, headquarters site for project, Morrill Farm involving 158 acres, 8000 linear feet of river frontage, recreation sites, price of $65,000.00, letter from Nature Conservancy, how property would be paid for, BOR funding, cost for South Burlington would be $2500.00. Mr. Farrar made a motion that the Council continue this as a line item in our revenue sharing funds. Mr. Szymanski stated this cannot go under revenue sharing. Mr. Flaherty amended Mr. Farrar's motion by making a motion that this be continued as a line item in consideration of our budget next year. Mrs. Neubert seconded said motion which passed unanimously. Mrs. Maher asked if the Planning Commission could hire a Planner on an hour to hour basis to review the Anchorage Motor Inn site etc. Mr. Ward suggested that Regional Planners are available and should be used for this. SIGN JUNK CAR DISPOSAL AGREEMENT WITH TOWN OF COLCHESTER Mr. Szymanski stated this is the same contract as last year. The cost is $50.00 per year and any costs that may be incurred by Colchester including fencing, gravel, signs, legal fees, etc. Mr. Farrar made a motion to empower Mr. Nardelli as agent of the City to sign the Junk Car Disposal Agreement with the Town of Colchester. Mr. Flaherty seconded said motion which passed unanimously. METHOD OF SELECTING CITY PLANNER Mr. Nardelli asked what kind of a committee the Council would like, re: selection of a City Planner. Mr. Szymanski stated he had applicants already. It was suggested that the Chairman of the Zoning Board, member of the Council and Chairman of the Planning Commission and two citizens at large; it was also suggested that the Recreation director and City Manager be members of the committee. There was more discussion, re: selection of members of the committee - someone from Regional Planning and someone from the School Board. Mr. Cimonetti suggested that a committee should be selected who have skills in reviewing an applicant. He also stated the Council should have the final say. Mrs. Neubert stated she would like to see Don Rich of Regional Planning on the committee. Mr. Flaherty stated that he would like the City Manager, Zoning Administrator, someone from Regional Planning (Don Rich), someone from the Planning Commission and a Citizen at large. Mr. Cimonetti suggested Bart Simpson as a Citizen at large. Mr. Farrar made a motion to empower the Chairman of the Council to appoint a committee of five members to interview candidates for the position of City Planner and to make such recommendations to the Council and City Manager. Mr. Flaherty seconded said motion which passed unanimously. Mr. Nardelli has been empowered to present a list of five names at the next meeting. SIGN RENEWAL NOTES Mr. Szymanski stated these are notes that are on money borrowed for the sewer project, one for Red Rocks, $20,000.00 for Welfare payments, one for acquisition of Garvey property in the amount of $33,000.00, purchase of the property on Duchess Avenue, street sweeper, landfill machine, Allis-Chalmers loader at the rate of 4.25 for six months. Mr. Farrar made a motion than the Council sign these renewal notes with the Chittenden Bank. Mr. Flaherty seconded said motion which passed unanimously. It was suggested that the Council talk with other banks. DISCUSS SOUTH BURLINGTON'S APPLICATION FROM THE VERMONT BICENTENNIAL COMMISSION Mrs. Neubert stated she is working on this item. PROGRESS REPORT ON RED ROCKS Mr. Szymanski stated that about 90% of the project is completed. There is some regrading, some painting has to be done, completion of water services has to be done, picnic shelter to be built, fencing to be completed, etc. They are in the process of ordering beach equipment, etc. Mr. Nardelli stated he assumes this work will be done by the spring. DISCUSSION ON THE CONSERVATION OF ENERGY Mr. Nardelli suggested City Hall be opened for meetings only on Monday and Tuesday nights. Mr. Farrar suggested that the City Manager come back with a plan to reduce the City's use of electricity by 5% and petroleum by 10%. Mr. Nardelli suggested the City get a legal opinion as to whether all the commercial lights could be shut off at night at 9:30 P.M. except for security lights. Mr. Szymanski will make a resolution up and present it at the next meeting. CLAIM FOR STATE AID - HIGHWAYS The claim for state aid is in the amount of $10,756.94 and is for work done on White Street. Mr. Farrar made a motion to sign agreement for State Aid in the amount of $10,756,94. Mr. Cimonetti seconded said motion which passed unanimously. Mr. Flaherty made a motion to adjourn the regular meeting at 10:45 P.M. Mrs. Neubert seconded said motion which passed unanimously. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.