Loading...
HomeMy WebLinkAboutMinutes - City Council - 07/01/1974CITY COUNCIL MEETING JULY 1, 1974 The South Burlington City Council held a regular meeting in the Conference Room, Municipal Offices, 1175 Williston Road, on Monday, July 1, 1974. Vice Chairman Paul Farrar opened the meeting at 8:00 p.m. with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Paul Farrar, Vice Chairman; William Cimonetti, Duane Merrill, Catherine Neubert MEMBERS ABSENT Michael Flaherty, Chairman OTHERS PRESENT William J. Szymanski, City Manager; Richard Ward, Zoning Administrator; Albert N. Paquette, Rene Barsalou, Paul Paquette, Martha W. Judd, Jack Tahaka, Margaret Picard, Franklyn McCaffrey, Fred Maher, Albert Audette Executive Session Mr. Cimonetti moved that the regular meeting be adjourned and the Council go into executive session for the purpose of interviewing Mrs. Martha Judd. Seconded by Duane Merrill and approved by Council members. Regular meeting was reconvened at 8:10 p.m. Minutes of the Meeting of June 17, 1974 Mr. Cimonetti stated that in the third paragraph on page 9, the two charges mentioned were not explained. He recommended adding The charges referred to (in third paragraph of page 9) are: 1) the looking for other suitable sites within South Burlington other than the site presently zoned for industrial development; and 2) preparation of a brochure on the virtues of South Burlington as an industrial location. Also on page 9, after the regular session was reconvened, the Minutes should include: Mr. Farrar moved that Harry Behney be appointed as the City's representative to the Regional Planning Commission and Mrs. Arlene Krapcho as the alternative. Motion seconded and approved. On page 2, second paragraph, Guide lines should read guy lines. On page 3, second paragraph, until there is should read unless there is. Page 8, next to last paragraph, 1974 should read 1978 in both instances. Mr. Cimonetti moved that the Minutes of June 17, 1974, be approved as amended. Seconded by Duane Merrill and voted unanimously for approval. Disbursement Orders Mr. Farrar reminded Council Members that the Disbursement Orders awaited their signatures. Amendments to Sign Ordinance It was noted that Sections 1 and 2 of the proposed amendments had already been given approval by the Council. Section 3 regarding signs in a residential district was discussed. Mr. Ward explained a valid non-residential use is one in existence at the time of the ordinance, whereas a non-residential use variance would be a variance obtained under the new ordinance. He also explained that a home occupation cannot have a sign, only a one foot nameplate. A home occupation is not considered to be a non-residential use. A home occupation means a person is doing work in his home, but in no way altering the structure of his home. A motion was made by Mr. Cimonetti that Section 10 of the Ordinance be amended to read as follows: There shall be no signs in a residential district (as so classified under the South Burlington Zoning Regulations as presently in force or hereafter adopted and amended from time to time), except one sign may be erected and maintained for a lot on which a valid non-residential use exists under South Burlington zoning regulations or for which a non-residential use variance has been granted by the South Burlington Zoning Board of Adjustment, provided that the sign does not exceed 4 square feet when located on a lot fronting on a street or road having a maximum speed limit of 25 miles per hour or less, or 20 square feet when located on streets or roads where the maximum speed limit is in excess of 25 miles per hour, where the lot on which the sign is located is fronting upon said street. In addition, all signs must be approved by the Sign Review Board and must be in conformity with any conditions imposed by the Sign Review Board in approving the application. Because this motion was not seconded, Mr. Farrar declared the motion dead. Mrs. Neubert expressed concern about corner lots, with Mr. Merrill commenting they are not determining whether the house is considered to be located on the main street or on the side street. Mr. Cimonetti said the intent is to allow signs of 20 square feet for businesses located on roads where the speed limit is greater than 25 miles per hour. The Vice Chairman said he would consider the issue as dead unless somebody had another amendment or rephrasing to suggest. Mr. Cimonetti then read his motion again, with Mr. Merrill seconding it. Motion was amended to read "located on and visible from" to take care of the expressed concern over corner lots having a 20 square foot sign on the side road frontage of the lot. Mr. Cimonetti stated if the use is to be permitted, then the advertising to support the use must be permitted. Mr. Merrill felt the problem was in defining residential use and non-residential use. Mr. Cimonetti said perhaps the matter should have a little more research, and recommended that Mr. Ward bring in some facts as to approximate numbers, and an understandable definition of the difference between home occupations and non-residential use. Mr. Cimonetti then moved to table his motion. Seconded by Mrs. Neubert and voted unanimously to table. Regarding the second paragraph on page two of the proposed amendments, Mr. Ward recommended adding dental and medical clinics after town houses. Also Mr. Farrar suggested changing the word development to complex in third line of the same paragraph. Mr. Ward then said the Sign Review Board is going to send out a notice to all owners of non-conforming signs asking them what they feel their signs are worth, that the Board is thinking in terms of compensation. Will take at least two weeks. Mr. Cimonetti noted that that would be considered the first reading, with the record saying: Our intention is to bring to public hearing these proposed changes, knowing that it is our intent to still have discussion on compensation at a later time." City Charter Mr. Szymanski stated there were two items for consideration: 1) to increase the penalty for delinquent taxes: and 2) to increase the size of the City Council from 5 to 7 members. Mr. Frank McCaffrey expressed his opinion on neighborhood representation to the Council, saying that the Council is not divided equally by neighborhoods, that residents do not even know the candidates they vote for, that membership ought to be increased to seven, with districts being set up accordingly. Mrs. Neubert asked about enlarging the Council with two members-at-large. Mr. Fred Maher, Chairman of the Charter Committee, said he did not remember any specific plan of combining districts with members-at-large. Mrs. Neubert had two concerns about representation by districts; it would serve to separate the two parts of the City even more than they are now, and each time a new development took place, that development would expect a representative. Mr. Cimonetti thought it an excellent idea to have the Charter Committee study and report again to Council on the possible increase in membership of the Council. Mr. McCaffrey complained that the Charter Committee never contacted anyone or asked anyone's opinion. Mr. Farrar suggested asking the Charter Committee to study the 7-member vs. the 5-member Council, would Council be improved by increasing the membership, and how it should be organized. Second, to consider changing our tax penalties. Third, Changing the term of appointment to the Planning Commission to run concurrently with other communities. Fourth, Duane Merrill suggested a study of automatic increases in taxes each year with increases in the Grand List. He expressed his concern that a large business locating in the City could increase the Grand List considerably, but this could also allow for an automatic increase in taxes. Mr. Maher said the Committee had decided unanimously not to recommend any changes. He said the request was basically by the School Board as a means of getting out from under the limitation they can spend without getting a vote from the people, and the Charter Committee did not support that idea. Mr. Maher said he made a verbal report to the Steering Committee and this should be in their Minutes. This was in answer to a question as to availability of Minutes of the Charter Committee. Mr. Cimonetti said that because there is no record of attendance of meetings and some question about Minutes, one of the first charges to the Committee should be to keep better records. Mr. Szymanski is to check and find out who wishes to be reappointed to the Committee. Appointments are for one year. Asked by Mrs. Neubert if such a large committee was necessary, Mr. Maher replied the large size was an advantage when discussing representatives, but with 13.09, considering more technical questions, perhaps fewer people are needed. Sewer Line Extensions by Private Contractors Mr. Szymanski said the same policy should be followed for sewer line extensions as has been done in the past for water line extensions, where an agreement was drawn up with the contractor and the department, setting the rate before any construction was undertaken, with an estimated per foot cost to be charged to the user. People who will avail themselves of the extended sewer line going along their property should also reimburse the contractor. The contractor pays for the 8" pipe; if the City asks him to put in a 12" or 18" pipe, the City has to pick up the difference. It was brought out that when a sewer line is available to a property owner, he is compelled by law to hook into it at his own expense, even though he may be perfectly happy with his own septic system. Mr. Cimonetti recommended that the City Manager draft an amendment to the sewer ordinance along the lines of the water policy. The Council would then discuss it and have a public hearing. Extension of Sewer Lines on Shelburne Road Mr. Albert Paquette of Lake View Motel presented the request of several property owners on lower Shelburne Road for an extension of the sewer line to serve their properties. He said by State law, he is allowed only 38 people in his motel at one time because that is the maximum number that can be served by his septic system. He could hook up to the Shelburne Sewer System, but the cost of installing a pumping station and maintaining it year after year prohibits this. Mr. Szymanski said a consultant had estimated it would run nearly $30 a foot for 2500 feet of line; would require boring under the road. Mr. Farrar recommended that Mr. Szymanski look into this and report back in four weeks. Mr. Szymanski said there should be a surplus in the sewer funds and he would also check into the possibility of getting State Aid. He will get a rough estimate on the cost. Waiver of Tax Penalties The City Manager presented a list of four penalty taxes, the fifth item having already been paid. He read a letter from Norman Fay explaining a mix-up at the bank concerning the second item. Mr. Merrill moved that the request for approval to cancel by Journal Entry penalties on the items listed in the Deputy Tax Collector's memo of June 28th be granted. Seconded by Mrs. Neubert. After discussion, this motion was defeated by a vote of 2 to 1, Mrs. Neubert and Mr. Cimonetti voting negative. Mr. Cimonetti moved that the third item, penalty for Hartley Hanley, and the fourth item, penalty for John Killary, be waived because of the specific circumstances reported in the memorandum. Seconded by Mrs. Neubert and voted unanimously for approval. It was recommended that the other two items should be collected. Consideration of request for purchase of parcel of city land A drawing of the lots in the Bartlett's Bay area showing the 115 foot strip of land owned by the City was discussed. The City Manager said the strip is an accepted street although the City has never maintained it, although it would have to be maintained if requested. Mr. Farrar expressed concern about landlocking lots 3 and 4, that there would have to be an agreement suitable for the lot owners and suitable for the City. Mr. Cimonetti felt that decision should be to retain this land; that the desire to purchase is only on the part of one owner; that the possibility of a future sewer line should also be considered. Mr. Farrar said if a proposal was presented, it would have to show a suitable access to the other lots. Highway Equipment Bids The City Manager said consideration would have to be postponed because the proposal he had expected to receive today did not come in. Community Center Mrs. Neubert, who had been asked to serve as Acting Chairman of this committee by the Steering Committee, listed her committee members as follows: Paul Jordan, Recreation Bud Etherton, Natural Resources Henry Collin, Fine Arts John Dinklage, Planning Commission Dale Kleppinger, School Department Mrs. Neubert said the member from the Fine Arts Committee was appointed at the suggestion of Ernest Levesque, and was concerned about the legality of this because the motion of the Steering Committee did not cover the appointment of additional members. She was told that this could be covered by considering the additional member an "ad hoc" member of the committee. Mrs. Neubert reported a very productive meeting with each member taking a large job to work on. Route 7 Mrs. Neubert, who is on the Route 7 Committee along with the City Manager and Bill Wessel from the Planning Commission, said they have been requested to fill out a long list of answers to questions. She is providing some of the information and getting some from Natural Resources. Mrs. Neubert felt that later on the committee should be enlarged to look into the whole problem, and asked how this should be handled. Mr. Farrar suggested recommending that the Council appoint somebody when needed. Mr. Cimonetti recommended having a time table for giving the Council a technical report. It was the decision of the Council to get more information, more in-put, from the community, that the business people be contacted, in order that the City be able to respond in an intelligent fashion to the State, or even make its own proposal. Mrs. Neubert is to go ahead with this gathering of information. Police Department Policy Mr. Merrill said he had asked that this be discussed because of a personal experience he had recently when between $400 and $500 worth of property was stolen from one of his buildings. He had asked that he be notified what the outcome was, what the Department was doing. After waiting three weeks and hearing nothing, he called the Department and was told that the case had been dropped and nothing had been done. Other people in the neighborhood have also been victims of criminal acts, such as having cars stolen. Mr. Merrill is concerned as to what the policy of the Police Department is; that it seems that many times the thing does not go to court at all. The City Manager said sometimes the juvenile angle prevents the disclosure of information. He agreed to forward Mr. Merrill's concern to the Chief of Police. When asked if a Police Commission had ever been considered to determine the policy of the Department, the City Manager said this had never been discussed; perhaps it should have been a charge to the City Charter Committee. Mr. Cimonetti said having periodic reports by the department heads is perhaps not going to yield the information the Council wants and suggested having executive sessions for this purpose. Mr. Farrar recommended having public sessions but going into executive session if the Council felt it was necessary, with the motion being properly discussed in open session. Mr. Szymanski was asked to set a schedule for these reports. Mr. Cimonetti then asked about the impact on the City Budget if Winooski sets up its own dispatch service. The City Manager said the City receives $6,000 from Winooski in a yearly agreement. Mr. Szymanski was asked to give a report at the next Council meeting on this, as to what the effect would be on the Budget. Schedule of Zoning Board Meetings on Requests for Changes Mr. Cimonetti said Mr. Ward had told him there would be work sessions for the ordinance changes, starting at the Planning Commission level. He then moved that the Council instruct the Planning Commission to report to the Council their plan for recommending changes in the Zoning Ordinance. Seconded by Duane Merrill. Voted unanimously for approval. Request for Free Passes to Red Rocks for Senior Citizens The City Manager said he had received a request for a free pass from a man and wife who like to walk through the park every day and do not feel they can afford the $2.50 pass. Their request is based on the fact that the State gives free access to its parks to senior citizens. Council members agreed by common consent to get the recommendation of the Recreation Department on this. Mr. Audette of the Highway Department inquired if City employees living outside the City could purchase seasonal passes at the residential rate of $2.50. This was also referred to Bruce O'Neill, by common consent of Council members. Beaver Pond in Mayfair Park The City Manager reported that, because there was apparently no sign of life in the pond, the Highway Department went in and opened it up. The next day it was plugged again and there are definitely active beavers there. He was told by the Game Warden it is strictly a local problem. When beavers are doing damage, the property owner has the right to shoot or trap them. Trapping season is not until winter; the pelts have no value now. The State Fish and Game Department will not trap and move them. The Cimonetti felt the Council has the right to have the beavers removed from the point of view of both a safety hazard and a health hazard, and that the dams be opened up. Mrs. Neubert objected on the grounds that the land is community land and the beavers belong to the whole community; she objected to destroying beavers. Mr. Cimonetti felt the City Council is authorized to take action; that the Natural Resources Committee would have nothing to do with a safety hazard or a health hazard. Mr. Farrar suggested that Mr. Szymanski find out if it is possible to get the beavers moved elsewhere and how much it would cost the City. The Council should have the information in order to make a decision. Mrs. Neubert then moved that the open session be adjourned and the Council go into executive session to interview candidates for the vacancies on the Recreation Committee. Seconded by Duane Merrill and voted unanimously. Open session meeting declared adjourned at 10:40 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.