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HomeMy WebLinkAboutMinutes - City Council - 12/02/1974CITY COUNCIL MEETING DECEMBER 2, 1974 The South Burlington City Council held a regular meeting on Monday, December 2, 1974, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Michael Flaherty, Chairman; Paul Farrar, Duane Merrill, Catherine Neubert MEMBERS ABSENT None OTHERS PRESENT William Szymanski, City Manager; Richard Ward, Zoning Administrator; Fred Mitchell, City Planner; Roger Lacey, Nat Lash, Otto Tade, Bruce Butterfield, Harvey Butterfield, Albert MacKay, David Webster, Frank Mazur, Jack Tabaka, Duane Valine, Homer Stewart, Mr. Thompson Chairman Flaherty opened the regular meeting at 7:30 p.m., following a 7:15 meeting in executive session. Minutes of November 18, 1974 Mr. Farrar moved that the Minutes of November 18, 1974, be accepted as presented. Seconded by Mrs. Neubert and voted unanimously. Disbursement Orders Disbursement Orders were presented for signatures of members of the Council. George Aiken Day Chairman Flaherty said it had been suggested that South Burlington follow the example of Burlington and declare Friday, December 6, 1974, George Aiken Day. This is to be the opening day of the campaign to fund a visiting lecture series at the University of Vermont to honor Senator Aiken. It was moved by Mr. Farrar and seconded by Mrs. Neubert that Friday, December 6, 1974, be declared George Aiken Day. Voted unanimously for approval. Bartletts Bay Road traffic light request Fred Mitchell, City Planner, distributed copies of his memo of December 2, 1974, reporting his investigation and suggestions, also a copy of South Burlington Police Department memo to Mr. Mitchell, and copies of traffic count by State Traffic Research Section of the Highway Department. He said the State would be making some kind of determination by spring, but not necessarily for a light. The City Manager reported he had contacted the manager of Millbrook Bread store and he has no objection to closing the curb cut as requested, but he will have to contact his home office first. He added that closing the curb cut would be at City expense, but a light would be paid for by the State. David Webster suggested having a wider radius of the curve at the entrance to the Bartletts Bay road and Mr. Mazur suggested painting a stripe to help keep cars in the proper lane at the entrance. Mr. Harvey Butterfield said that two lanes converging into one creates a big hazard, also the Shearer's curb cut is a hazard. He also wondered if the traffic count included those turning into Millbrook as well as Bartletts Bay. Mrs. Neubert stated the State has paid much more attention to this situation than people were aware of, and she felt a light was much closer than it was a year ago. Chairman Flaherty suggested sending a copy of Mr. Mitchell's memo to the State along with a recommendation from the City Council. It was moved by Mr. Farrar and seconded by Mr. Merrill to send a copy of the memo prepared by Mr. Mitchell, as well as a recommendation by the City Council for the installation of a traffic light at the entrance to Bartletts Bay Road, to the State Highway Board. Voted unanimously for approval. Community Development Program Mr. Mitchell distributed copies of a memo prepared by him giving the details of the Community Development Program and his thoughts concerning involvement by the City in the funding program. He said he was looking for direction from the City Council to explore the types of projects in which to become involved and to go ahead with the preparation of the application. He strongly recommended that the City put in an application, and said the Planning Commission supports the filing of an application. He explained the concern of HUD regarding housing and that they will not waive section 4 which concerns housing. The City must have a plan for low cost housing. He said he could not see the City getting involved in housing construction but could work through the State Housing Office. Housing needs for each particular municipality must be established, with a stress on low income. Funding is also possible for fire protection, solid waste disposal, community centers, and other projects. Mr. Farrar suggested trying to upgrade the City's present Senior Citizen Center to give a wider range of services to the senior citizens. Mrs. Neubert said she had not been aware that the Program required low cost housing plans to be submitted. Regarding citizen participation, Mrs. Neubert suggested that the Master Plan might be considered enough in that respect, as it represented involvement of a good many of the citizens of South Burlington in its preparation. Mr. Mitchell suggested a public meeting for citizens to express their views. It was mentioned that such a meeting would have no legal time limits for warning, could be held any time. Asked by Mr. Merrill about trailer parks being allowed under zoning laws, Mr. Mitchell said HUD was looking for a more permanent type of housing program. He explained in the basic application itself, a look would be taken at the City's housing situation to make some effort toward housing in the City, without specifically saying the City is going to get into housing. Mr. Farrar suggested the City go ahead with this application. Chairman Flaherty asked Mr. Mitchell to come back again at the first meeting in January to report on the progress of the application. Auctions and Transient Sales in South Burlington Mr. Nat Lash, acting as spokesman for several other merchants, protested the fact that out-of-town merchants can come into South Burlington, rent a room at a motel, and hold an auction or sale, and take thousands of dollars of business away from local businessman who pay taxes. Also, he stated, some of the sales are hold on Sunday in violation of the law. Mr. Lash felt some steps should be taken to protect the local tax-paying merchants. Chairman Flaherty explained a complaint regarding violation of the Sabbath law would have to be taken to the State's Attorney's office, according to the City Attorney. In the City Attorney's opinion, no zoning laws are being violated because the motels being used are in the Business Retail District where retail businesses and services are allowed. The City Attorney also felt the fees that might be received from licensing such merchants would not appear sufficient to justify the implementation of a licensing format, which the City does not have at present. Mr. Merrill, saying he was speaking not as a City Council member but as a Director of the Vermont Auctioneers Association, said Sunday auctions are allowed but only for used merchandise. A Sunday sale of new Oriental rugs would be illegal, but not if they are selling used Orientals. Mr. Merrill added that he was in sympathy with Mr. Lash and the others who pay local taxes, but these auctioneers who come in have to obtain a State license, and they do pay a very high fee for the rental of rooms. By handling bankruptcy sales, estate sales, helping people to dispose of their goods, they are benefiting many people who must sell, as well as those who are able to purchase articles for less than store prices. An auctioneer has to be bonded when he obtains his State license. Mr. Lash asked about a special sales tax on these merchants, a percentage scale. He felt the present situation to be most unjust for merchants and property owners. Mr. Farrar replied that a local sales tax would have to apply to local merchants as well. Mr. Lash then suggested a license based on how much the transient merchant expects to take out of the community during a year — a basic sliding scale license tax. This would be additional revenue to the City. Mr. Farrar suggested getting together with the City Attorney to find out what alternatives are open, what legal grounds the City has to take action, or whether or not it would be desirable. Mr. Merrill said that while new merchandise should not be sold on Sundays, he was against doing anything that would infringe on the rights of free enterprise — that the motels are paying taxes. Mr. Lash replied the concern is with transients, not a local person trying to sell his own possessions. Mrs. Neubert thought Mr. Lash should take the next ad that appears in the paper for an auction on Sunday to the State's Attorney's office. Mr. Lash thanked the Council for hearing his cause for complaint. City's Insurance Program Mr. Duane Valine of Hackett, McDonald and Valine attended the Council meeting to explain the present insurance program of the City of South Burlington, which now includes school insurance and water department insurance as well. Two other insurance representatives were also present, Mr. Stewart of Hickok and Boardman, and Mr. Thompson of Smith, Bell, and Thompson. Mr. Valine explained the origin and growth of the present insurance committee. The different firms who make up the committee carry a proportionate amount of the required coverage, but by having it all under one "umbrella" the City saves money and time as against dealing with individual firms for different types of coverage. Mrs. Neubert asked if this was a closed group or if any other agency could participate. Mr. Valine said anyone could be allowed in if he had something unique, something the group did not already have. The City Manager said both he and John Lucas felt the committee arrangement has worked out very well. It means calling only one man when the City wants something Mr. Farrar asked Mr. Valine if his committee had any suggestions or criticians, and did they feel the City had adequate coverage. Mr. Valine said recommendations have been made in the past for increases. Mr. Szymanski asked about having all policies expire on the same date. Mr. Valine replied this could be taken care of by pro-rating. Mr. Szymanski said this was the auditor's suggestion. Renewal Notes Mr. Farrar moved that the City Council sign the renewal notes as recommended by the City Manager. Seconded by Mrs. Neubert and voted unanimously for approval. The notes are: $25,000 Carvey property 19,000 Welfare bill 141,000 Sewer construction 3,000 Dutchess Avenue walkway 25,000 Chitenden County Transit Authority 40,000 Red Rocks development 15,000 Red Rocks development 8,772 City street sweeper 26,990 Land fill machine 23,300 Front end loader Mr. Farrar stated his wish to meet with Mrs. Paquin, City Treasurer, not for criticism but to learn more about City finances for a better understanding. The other members were in agreement. Liquor Control Board Mr. Farrar moved that the Council go out of regular meeting and into Liquor Control Board. Seconded by Mr. Merrill and voted unanimously. The City Manager presented an application for a first class liquor license for the Court Club, Inc., of 70 Farrell Street. He stated one owner lives in Shelburne and two in South Burlington. He also stated the Police Department had no objection to the granting of this license. Mrs. Neubert asked if the Planning Commission had approved this. Mr. Ward replied they had received permission for a lounge in their plan. Mr. Farrar moved that the Council approve this application for first class liquor license for the Court Club, Inc., of 70 Farrell Street. Mr. Farrar then moved that the Council go into executive session after the adjournment of the Liquor Control Board, for the consideration of: 1) purchase of Lakelands Estate; 2) City Council appointment; 3) Velco. He further moved that following the executive session the Council reconvene in regular session for the possible purpose of making an appointment to the City Council. Seconded by Mrs. Neubert and voted unanimously. Regular session ended at 9:15 p.m. The Executive Session was adjourned at 10 P.M. REGULAR MEETING Chairman Flaherty called the Regular Meeting to order at 10:01 P.M. APPOINTMENT TO CITY COUNCIL Mrs. Neubert nominated Dr. John Dinklage to the City Council to fill the vacancy caused by the resignation of Mr. Cimonetti. There were no other nominations. Dr. Farrar moved that the nominations be closed and Dr. Dinklage was appointed Councilman by a 3 to 1 vote. On motion made, seconded and passed the meeting was adjourned at 10:15 P.M. Approved Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.