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HomeMy WebLinkAboutMinutes - City Council - 02/04/1974SOUTH BURLINGTON CITY COUNCIL MEETING FEBRUARY 4, 1974 The South Burlington City Council held a regular meeting in the City Hall Conference Room, Williston Road, on Monday, February 4, 1974 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, Edward J. Cashman, Nancy Grucyc, Albert C. Audette, James Goddette, Charlotte C. Marsh, Bert Pecor, F.C. McCaffrey, Fire Chief Monell, Vi Luginbuhl, Thelma Tilley, E. S. Emory, William Robenstein, Peter L. Yankowski, Mr. Duell, Walter Dandridge and son, Jack Tabaka, Ray Danus and son, Richard Spokes, Jean Hildick, John Dinklage, Yvonne Bruley, Eleanor May, Fred Blais, Ralph Goodrich, Harry W. Yawney, Edward Rounds, Leo Rich, two policemen. READING OF THE MINUTES OF JANUARY 21, 28 and 29, 1974 January 21, 1974 - Mr. Cimonetti stated he wanted stricken from the record that he was not in favor of a dog catcher. Mr. Flaherty made a motion to accept the minutes of January 21, 1974 with the amendment on Page 3 of the minutes. Mrs. Neubert seconded said motion which passed unanimously. January 28, 1974 - Mrs. Neubert stated that on Page 4 there should be a correction - at the bottom of Page 13 - over number of apartment house. Mr. Flaherty made a motion to accept the minutes of January 28, 1974 as amended on Page 4. Mrs. Neubert seconded said motion which passed unanimously. January 29, 1974 - Mrs. Neubert made a motion to accept the minutes of January 29, 1974 as presented. Mr. Flaherty 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. Mrs. Neubert asked a question re: $25,000.00 item for Bartletts Bay. Mr. Szymanski stated the amount was for the covering the sewage tanks and that 85% of said sum will be reimbursed. INFORMATIONAL TALK ON THE BOND ISSUE FOR THE RENOVATION OF THE BURLINGTON POST OFFICE BUILDING Mr. Edward Cashman of Burlington gave the informational talk re: renovation of the Burlington Post Office Building and showed slides of both the present Court House and the Post Office Building. He stated he was going to explain the reasons why, the cost and the impact on So. Burlington. He gave a brief history of the Court House and stated it was now in a state of disrepair. There are many problems - heating, lighting, ventilation, broken stairwells, wasted space. He also stated there is a violation of the Wire and Fire Code. There was discussion, re: rental of floor space, bond issue and costs. As to renovating the Post Office Building, there was discussion, re: lowering ceilings, putting in new floors, overhead lighting, covering columns, moving elevator shaft, etc., plus costs of new construction as opposed to renovating the Post Office Bldg. There was more discussion, re: fact that only 1 million would be asked in the bond issue, the need for another Judge, projected number of cases brought to Court, location of Court House, growth, historic value of Post Office Bldg., etc. He stated it would mean 13.26% of any tax levied by the County to So. Burlington. There was further talk of fixing the old Court House, re: wiring, etc. and the amount it would take and maintenance. Mr. Nardelli thanked Mr. Cashman for coming to the meeting. APPOINTMENT TO NATURAL RESOURCES COMMITTEE Mr. Nardelli read a letter from Mr. Schuele recommending Dr. James Marvin to be on the Natural Resources Committee. Mr. Flaherty made a motion to appoint Dr. James Marvin to the Natural Resources Committee for the unexpired term of Mrs. Barbara Bull. Mr. Farrar seconded said motion which passed unanimously. Mrs. Neubert stated that another person had been asked to be on the Natural Resources Committee and she suggested they enlarge the Committee. Mr. Nardelli stated he would prefer a communication from Mr. Schuele. DISCUSSION ON THE ELIMINATION OF STREET LIGHTS Mr. Szymanski stated that they had started down in the Orchard area, Proctor Avenue area, Lindenwood and Queen City Park areas to turn off some street lights, and stated also he had received a lot of calls. He stated that turning off the lights is ineffective as people in those areas are leaving on lights all night. There have been numerous breakins and robberies, and people are very concerned. He recommended that all the lights be turned back on in the residential areas as it is having an adverse effect. Mr. Farrar made a motion to accept the City Manager's recommendation and suspend the turning off of the street lights and turn back on the ones turned off until such time the City is ordered to do so by statute. Mr. Nardelli added an amendment to the motion that a letter of communication be sent to the State Agency telling them the City is turning the lights back on. Mr. Cimonetti seconded said motion and amendment to the motion which passed unanimously. Mr. Spokes stated that the directive to the City was not a regulation. It was also stated that according to Green Mountain Power, street lights only use one-half of one percent power. SANCTION USE VARIANCE ON BERT PECOR Mr. Ward explained the Use Variance. Mr. Pecor's present location is at the corner of Dorset St. and Williston Road and the new location will be at 3060 Williston Road. There will be 20 trailers in the rear portion of the lot which will be screened and there will be three trailers visible to the road. He is going to move his present office building to his home site and operate from there. The Zoning Board of Adjustment gave him two conditions which are: 1. The roadway which Mr. Pecor proposes is to be completed before he relocates. 2. If he ever has any more than 20 trailers, he will have to submit another plan to Mr. Ward's office. It was explained that the nearest trailer to the road will be 125 feet back from the road. It was also stated that the proposed zoning for this site at 3060 Williston Road is Airport Industrial which is compatible. Mr. Farrar made a motion that on the basis of the recommendation of Mr. Ward, the Use Variance be sanctioned to Bert Pecor at 3060 Williston Road. Mrs. Neubert seconded said motion which passed unanimously. DOG CATCHER AGREEMENT The City Attorney had been requested to go over the contract with the Dog Catcher and made the changes regarding patrolling and notification of owners. Mr. Cimonetti asked question, re: poundkeeper keeping names of complainers quiet. He saw no reason for it. Mr. Szymanski stated that this was asked to be put in the agreement before. Mr. Farrar asked if something could be added giving the people access to the names of the complainers through the Police Dept. He stated he sees no reason why the complainer should not be confronted by the owner. A motion had been made to sign this agreement after it had been looked over by the City Attorney at the January 21, 1974 meeting. Mr. Flaherty asked about Executive session requested by the City Attorney, re: Sign Ordinance civil litigation. Mrs. Neubert made a motion that the Council adjourn the regular meeting to go into Executive session to discuss a possible litigation over the Sign Ordinance and that the meeting be reconvened immediately thereafter. Mr. Farrar seconded said motion which passed unanimously. The regular meeting reconvened at 8:50 P.M. Mr. Farrar made a motion that unless the owners of the Howard Johnsons remove the offending portion of their sign voluntarily this week, the City Attorney be empowered to take the necessary steps to cause the removal. Mr. Flaherty seconded said motion which passed unanimously. WORK SESSION ON ZONING ORDINANCE AND MASTER PLAN Mr. Nardelli stated he wanted to go into two factors questioned by the community, one of which is the 2% yearly rate or two times the previous years rate of growth in the County. He stated that the intent by the wording by Mr. Farrar was conceptual. He suggested that the 2% yearly rate or a fair share of the County's growth whichever is larger. The fair share would equal the total County's residential units times the County's annual growth. Mrs. Neubert stated she did not like the "two times" wording. Mr. Farrar stated his motion was based on the rate of change of units. Mrs. Luginbuhl questioned percentages re: units. There was discussion, re: capital budget, comprehensive plan and Master Plan, detailed regulation which would show how guide lines would be implemented. Mr. Nardelli stated the problem is the wording. Mr. Farrar stated it should probably be made more complex. Mr. Dinklage asked about the rate of growth of So. Burlington and County percentagewise. H wanted to know why the Council was so acceptable to a larger growth. Mr. Farrar discussed Court decisions, re: community taking its fair share. Mr. Nardelli again stated that two times the previous year's growth rate was the confusing question. Mrs. Neubert stated she will not accept this formally without a basis of what has happened in the past and we need to know what has happened in the past. Mr. Szymanski came up with a 3.5 figure for growth rate with a population of 103,000 in the County. Mr. Nardelli stated the growth rate is 1000 over 50,000. He then asked if the concept is acceptable. Mrs. Neubert stated she would accept the County growth rate, re: units and not population. Mr. Farrar stated that if the City put down a number less than the County, it might not be legal. There was discussion by Mrs. Neubert, re: Chittenden County Regional Planning Commission report which stated the rate of growth should not exceed 2% per annum - she stated 2% or rate of increase in Chittenden County. Mrs. Hildick asked why the City is not basing it on the recommended rate by the Chittenden County Regional Planning Commission. Mr. Farrar stated that according to law, the City cannot limit its growth. Mr. Nardelli read a case that had come up in California which stated no City can limit its growth and has to take its fair share of growth. Mr. Robenstein stated that is not a good comparison to this City. This question will be tabled until the City Manager gets all the facts, re: growth, etc. Mr. Flaherty suggested that the City get an opinion from Mr. Spokes, re: fluctuating growth rate and a "fudge" factor - if the County has a rate of 1.8 then our rate could be 2.8. There was discussion re: PUD. Section 5.30 which was read by Mr. Nardelli, 12.002 which was also read, etc. Mrs. Hildick stated she thought it would be a large burden on the City Council and Planning Commission = she questioned drainage problems, education and she asked the City why they can't do it on a planned basis and Master Plan guidance and stated we should have an expert City Planner. There was further discussion, re: Master Plan, zoning law, capital budget, capital improvements, re: bond issues, putting in sewers, etc. Mr. Cimonetti discussed the problems of understanding the capital budget and how restricting and binding it is upon the actions of present and future Councils. Mr. Spokes explained Capital budget involving one year and Capital program involving several years. There was much discussion, re: capital program and capital budget, restrictions, projects, amending capital program, i.e. say if a program was moved up from 1977 to 1975 - the Council cannot change the program unless it goes through the necessary public hearings. MEETING WITH HIGHWAY DEPARTMENT Mr. Nardelli stated the Council had reviewed the proposals and agreed to the proposals he is making to them at this time which are: 5% increase in pay; $100.00 across the board; group of members of Highway Dept. and City Council updating personnel regulations; increase sick leave from 120 to 160 days accumulation; job classification for next year. The Highway Dept. did not accept these proposals. They are to go back to their Dept. and come back at a later date. It was stated that these meetings in the future will be scheduled for an earlier order of business. MEETING WITH POLICE DEPT. Mr. Nardelli stated the Council had agreed to the following: 5% increase in pay; $100.00 across the board; eliminating delivery of Council papers to their homes; increase total sick leave to 150 days. The Council was asked about the cost of living increase. Mr. Nardelli stated that the Council agreed to consider the cost of living increase. The Police did not find the proposal acceptable. They are going to their Dept. and will come back. The 5% is not acceptable to them at this time and they want a cost of living increase. The Council was asked if they would negotiate after the Police come back with a counter proposal. Mr. Nardelli stated they would. FIRE DEPT. Mr. Nardelli stated the Council had agreed to the following: 5% increase in pay; $100.00 across the board; accumulation of 160 days sick leave. They have not resolved paid holidays or uniforms. The Fire Dept. will also come back before the Council. CITY HALL EMPLOYEES. Mr. Ward represented the City Hall employees. He stated he thinks that due consideration should be given to the cost of living. Mr. Nardelli stated the Council had agreed to the following: 5% increase; $100.00 across the board; 150 days sick leave. BACK TO COMPREHENSIVE PLAN Mr. Farrar was asked to rewite (4) of Section 4 under Agricultural Rural Zone. Mr. Farrar made a motion to substitute (4) with "Tax concession to maintain open space will only be granted after acquisition of the rights of the development by the community to the owner for not less than ten days." Mr. Flaherty seconded said motion which passed unanimously. At this time, it was stated there will be an informational meeting scheduled for Friday, February 8, 1974 at 7:30 P.M. for the public. Also at this time, Mr. Dinklage suggested some kind of a newsletter be written by the Council for the public, to be put either in the newspaper or for some kind of distribution. It was stated by Mr. Nardelli that this meeting will be adjourned and will reconvene on Tuesday, February 5, 1974 at 7:00 P.M. BACK TO PLAN At the end of 6.004, add "this section applies to R4 and R7 only." Mr. Farrar made a motion to approve the amendment to 6.004. Mrs. Neubert seconded said motion which passed unanimously. Add new Section 605 - "Conditional uses" - "the following uses may be permitted in R1, R4 and R7 districts as conditional uses, by the Board of Adjustment in accordance with the provisions of Section 13.10." Mr. Flaherty made a motion to approve the additional Section 605. Mrs. Neubert seconded said motion which passed unanimously. 6.005 - This is to be rewritten by Mr. Cimonetti. Under Section 605 - Conditional Uses, add "Boarding houses, nursing and convalescent homes." Mr. Farrar made a motion to add "boarding houses, nursing and convalescent homes" to Conditional Uses. Mr. Flaherty seconded said motion which passed unanimously. In Section 6.006 under Site Plan Review, after the words Planning Commission, add "under Site Plan Review." Mrs. Neubert made a motion to approve the addition to Site Plan Review. Mr. Flaherty seconded said motion which passed unanimously. 6.007 - Delete all words after the word "clinic." Mrs. Neubert made a motion to approve the change in 6.007. Mr. Farrar seconded said motion which passed unanimously. 6.008 - Mr. Ward will rewrite this section. On Page 5 in the last sentence of 5.30 - change the phrase "building phase" to "proposed." Mr. Flaherty made a motion to change the one word in the last sentence of 5.30. Mr. Farrar seconded said motion which passed unanimously. Page 11 - 8.004, add new Section: "Design development and manufacture of electronic or electro-mechanical apparatus from previously prepared materials and components." Mr. Flaherty made the motion to add the new section. Mrs. Neubert seconded the motion which passed unanimously. Page 12 - 9.0012 - Mr. Cimonetti made a motion to add new section 9.0012 "Municipal landfill areas". Mr. Farrar seconded said motion which passed unanimously. 9.0011 - Add "and their automotive repair and service facilities which are incidental to the airport facilities." Mr. Cimonetti made the motion to add the above to 9.0011. Mr. Farrar seconded said motion which passed unanimously. This meeting was adjourned at approximately 11 P.M. and will reconvene at 7:00 P.M. on Tuesday, February 5, 1974. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.