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HomeMy WebLinkAboutMinutes - City Council - 10/07/1974CITY COUNCIL MEETING OCTOBER 7, 1974 The South Burlington City Council held a regular meeting in the Conference Room, Municipal Offices, 1175 Williston Road, on Monday, October 7, 1974. MEMBERS PRESENT Michael Flaherty, Chairman; Paul Farrar, Duane Merrill, Catherine Neubert MEMBERS ABSENT None OTHERS PRESENT William Szymanski, City Manager; Margaret Picard, Frances LaBerge, Marylinne Gucciardi, H. T. Long, David Cronin, Sheryl Larsen, Don Duell, Bruce O'Neill, Sonny Audette, Geroge E. Watson, Arlene F. Krapcho, Karin larson, Robert Babcock The Council went into executive session at 7:30 p.m. for the purpose of interviewing applicants for the Planning Commission and City Council. The regular meeting was called to order by Chairman Flaherty at 8:00 p.m. Approval of Minutes Mrs. Neubert moved that the corrected copy of the Minutes of August 27, 1974, be accepted. Seconded by Mr. Farrar and approved unanimously. It was moved by Mrs. Neubert that the Minutes of August 19, 1974, be accepted. Seconded by Mr. Merrill and voted unanimously for approval. In the Minutes of September 3, 1974, it was noted that Mr. Wray should be corrected to Mr. Reay (first paragraph); and that the next paragraph should read cross beneath rather than go beneath. Mrs. Neubert moved that the Minutes of September 3, 1974, be approved as corrected. Seconded by Paul Farrar and voted unanimously for approval. In the Minutes of September 11, 1974, page 8, the sentence referring to needs of the Fire Department should be changed to read: It was asserted by the Fire Chief that the Fire Department needs three more men at the present time, and if the development goes through, the department would not need any additional men. Mrs. Neubert moved that the Minutes of September 11, 1974, be accepted as corrected. Seconded by Mr. Farrar and voted unanimously for approval. In the Minutes of September 16, 1974. Mrs. Neubert noted that she had requested a breakdown as to major or minor fires mentioned in Chief Monell's report. The words A breakdown was requested are to be added at the end of the fifth line of the Fire Chief's report on page 2. On page 4, under discussion of an industrial park, Mr. Neubert asked to have two paragraphs changed to read: Mrs. Neubert said the City cannot continually have zoning ordinance changes; that there is a commitment to preserve the agricultural land. She also said the City would definitely not run a sewer unless they had a client, that there could be a problem since it might mean going back to the voters. Mr. Ferrar moved that the Minutes of September 16, 1974, be approved as corrected. Seconded by Mrs. Neubert and voted unanimously for approval. Recreation Committee Report Chairman Donald Duell introduced the members of his committee to the Council. Mr. Duell described baseball as the most popular program, with approximately 450 youngsters participating. While stressing his appreciation of the work done by the Highway Department for the recreation programs, he wanted to call the Council's attention to projects still uncompleted, such as Farrell Park and the tennis courts behind the high school, because the Highway Department has been unable to take the time. Mr. Duell said he felt the time had come for the establishment of a Park Department. The first year would be expensive with the purchase of a truck mower, and tools, but one man working full-time with summer help could take care of the parks. Heavy equipment would still have to be borrowed from the Highway Department. Mr. Duell was sure one man could be kept busy all the year, with the ice rinks in the winter. Two other items that Mr. Duell said should have high priority are the drinking fountain, purchased but never installed, and the need for a walkway to be constructed for the protection of senior citizens and others using the JayCee park building. The City Manager said the walkway was one of the top priorities, but the money for the fountain was not enough to allow for installation, so it had been a question of waiting for time to put it in. Mrs. Neubert asked if the Recreation Committee would be willing to cut programs in order to have maintenance. She questioned which was more important, the programs they have now, or the hiring of a park employee. Mr. Duell replied he didn't know what programs could be cut back or cut out. Mr. Farrer said if the budget preparation is done properly this year, things will be in a priority order and the Council will know how things are to be put together. Mr. Merrill asked Mr. Audette how much time his employees are spending in the recreation area. Mr. Audette replied that two men couldn't keep up with the amount of work his department does for the Recreation Department. Trucks and equipment are used also. Two men wouldn't be able to do it all. Mr. Duell said a full-time man would cut down considerably on the work of the Highway Department, even though they would still have to call on them for the use of equipment such as the dump truck or bucket loader. Bruce O'Neill, Recreation Director, said he would not want to cut back on programs. He suggested having a Park Division within the Highway Department, or at least a full-time maintenance man with a certain amount of coordination with the Highway Department. Mr. O'Neill said he had no complaints about cooperation on the part of the Highway Department or the City Manger. Other things have to be done so things like parks have to be slighted. He said the boys hired in the summer have done a good job mowing ball fields and cemeteries but they are not trained to handle heavy trucks and machinery. Chairman Flaherty suggested that the Recreation Department come up with a definite proposal — job description, what the cost would be, the benefits, and some of the losses if nothing is done. Should be some firm data on why this should be done. Mr. Farrar suggested Mr. O'Neill and Mr. Audette meet to figure out how much time is received from the Highway Department and break it down. Mr. Ferrar said there are two questions to be solved: 1) Do we have the resources? 2) If not, where are they going to come from? Mrs. Gucciardi said there is an urgent need to have the drinking fountain installed at JayCee Park. She told of her 108 cheerleaders practicing on the field with no drink of water available except to go over to Williston Road and ask for water at a drive-in. She also said it made her shudder to think of cutting programs. Mrs. Neubert said she was not in favor of cutting programs, but was not sold on a Park Department either. Mr. Duell said there is a lack of basketball courts right now, chairman Flaherty said he had been informed that the gym facilities of the new Correctional Center are to be available for City use, and suggested this could be available for adult use, freeing the school gyms for young people. Mr. Merrill asked Mr. O'Neill, in submitting his recommendation, to give an over-view as to the areas and programs in existence now, and a breakdown as to boys' programs and girls' programs. He stated he is definitely not in favor of cutting programs. Regarding the new softball field which was to have been worked on by the Guard engineers, the City Manager said a schedule had been set up with the engineers but they never came. This was because of the energy crisis; their equipment couldn't go out unless there was a real necessity. The thousand dollars in the budget for this field was for backstops and seeding. Mr. O'Neill said this field was to be used for softball for girls and adults and would fill a real need. He said all existing ball fields are used now, with one more needed. Ball is the biggest and most popular program. Mrs. Neubert said she was concerned about the "crunch" — that everybody can't have everything they want. Mr. Duell again expressed appreciation of what the Highway Department has done and said he was sure they would continue to get cooperation. Mr. George Watson brought out the information that South Burlington has never furnished one ballfield or built one. The City has relied on the schools or the Kiwanis, and only one or two fields are adequate. South Burlington is the only city that does not provide a field for adult softball for men and women; the only City that does not have a lighted ballfield, that one lighted field takes the place of three fields. He emphasized that fields are not being adequately kept up, that it takes more than mowing. People should be working with the infield. Grass won't grow without fertilizer being used. He felt it was time to be doing some of these things if the City wants to continue these programs. Chairman Flaherty said if a proposal is presented, there is a good chance that something can be done. Officials' Liability Insurance Mr. Thomas Coburn, representing the Pomerleau Agency, explained this policy would cover Council members and any other duly elected or appointed officials. Asked by Mr. Farrar about coverage for the School Department and the Water Department, Mr. Coburn said the Water Department is covered but the School Department has its own insurance. Mr. Szymanski said the City had been mandated by the last legislature to get this insurance. Mr. Coburn said the cost is based on the size of the town. The City Manager said he would like to check with the other two firms which had submitted bids, to see if they also covered City employees. Mrs. Neubert asked if employees would be covered only when doing the work of the City. Mr. Coburn said anytime they are doing anything that relates to the City — as long as it is City business. Mr. Szymanski said that at one time every department had its own insurance, but by coordinating it all together, the departments are underwritten under one policy, thereby giving a sizeable reduction to the City in insurance cost. Mr. Coburn said he could understand the City Manager's wish to coordinate this with the base program with Hackett, but he would also like to participate in this particular program of the City. Mr. Farrar moved that the Council table this consideration of Officials' Liability Insurance until the next meeting and ask the City Manager to came up with a definite recommendation at that time. Seconded by Mrs. Neubert. Voted unanimously. First reading of ordinance on speed limit on Airport Parkway and on the Jug Handle on Spear Street. The ordinance was read aloud by Chairman Flaherty, with Mr. Szymanski explaining the changes provided in the new ordinance. Mrs. Krapcho asked why there is no Stop sign at the National Guard entrance and Country Club Estates. Mr. Szymanski told her there is a Yield sign there new, and the Guard intends to move its entrance. Question of being able to enforce a speed limit of 25 miles per hour where such a limit is not posted was discussed. Mr. Farrar suggested perhaps the City Attorney should be asked to check this out. Mr. Farrar moved that the Council approve the first reading of the ordinance as amended. Seconded by Mrs. Neubert. Voted unanimously for approval. Resignation of William Robenstein from the Planning Commission Chairman referred to Mr. Robenstein's letter of resignation, copies of which had been given to Council members, and suggested that a letter of appreciation be sent to Mr. Rebenstein. Mr. Farrar moved that the City Council instruct the City Manager to send a letter to Mr. Robenstein expressing appreciation for his service to the City as a member of the Planning Commission. Seconded by Mrs. Neubert. Voted unanimously. Mr. Robenstein's recommendation on Code of Ethics Chairman Flaherty said that when Mr. Robenstein had recommended that the Council adopt this Code of Ethics, he had pointed out to Mr. Robenstein that there was already a general statement saying that City officials should refrain from conflicts of interest. Mr. Flaherty said his suggestion would be to send this Code of Ethics to the City Charter Committee for their comments as to whether or not their statement should be updated or changed, and if so, should it be taken from this document or from some other source. Mr. Szymanski said the City Charter Committee did have a copy of the Colchester Code of Ethics at the time their statement was drawn up regarding conflict of interest. Mr. Flaherty said the problem was that they could not write anything that could not be enforced. It is based on voluntary compliance of the elected official. How does one remove an elected official? Mr. Farrar moved that the City Council send the communication from Mr. Robenstein to the City Government Committee for their perusal. Seconded by Mrs. Neubert and voted unanimously. Fuel conservation in City Hall Mrs. Neubert said she had already discussed this with the City Manager, that fuel will be conserved, and there was no reason for Council discussion. Route 7 Corridor report Mrs. Neubert said she report prepared by her and given to Council members gives the background material on Route 7. She is getting a traffic report from Chief Carter, as she had questioned him about the accidents on Shelburne Road. Also, Fred Mitchell has received the origin and destination studies from the Highway Department, studies made last year. There will be a joint meeting on October 15th at 7:30 p.m. with the Planning Commission and two members from the State Highway Department. This is for the purpose of obtaining information from the Highway Department. Fred Mitchell will have many questions to ask them, as will Mrs. Neubert herself, and she asked that the Council particularly ask questions. Mrs. Neubert has asked that Bill Sargent and Mr. MacArthur represent the Highway Department, two people she considers to have the most knowledge and the most in-put. Mr. Flaherty asked if they are coming with a presentation, or looking for information. Mrs. Neubert replied they will be coming to answer questions, and she wants people to be thinking of questions, questions about what the Department should be doing for us. The Department should be able to tell whether we need the road or not; should be based on statistics, not an emotional problem. Mrs. Krapcho urged that the Council consider what might be done if there is to be no by-pass, that Shelburne Road might be widened by default. Mrs. Neubert asked that Fred Mitchell and Dick Sharp be appointed to the Routs 7 Task Force, explaining that the City Planner should be included anyway, and that Mr. Sharp had shown a great deal of interest. Mr. Farrar moved that the appointment of Fred Mitchell and Richard Sharp to the Route 7 Task Force be made. Seconded by Mr. Merrill. Voted unanimously for approval. Highway Fund Application The City Manager explained this application is for reimbursement of $8,591.91 as State Aid on town highways. This will cover the work the City did on Allen Road. With the application, the City must also file documentation on paving and equipment used. Mr. Farrar moved that the City Council sign the Highway Fund Application. Seconded by Mrs. Neubert. Voted unanimously for approval. Memorandum from Mrs. Maher regarding Capital Improvement Program Chairman Flaherty said he had not had a chance to study it yet. Mr. Farrar suggested asking the City Planner to prepare some working documents, to basically list the possible capital improvements, some preliminary procedures and estimate as to total cost. Should take in a grander scale, then the Council can go down and decide priorities. At that point the Council may want to refer to the Planning Commission for their comments. Appointment to Champlain O.E.O. The City Manager read a letter from the Champlain O.E.O. office asking that a representative be appointed from South Burlington. Mr. Farrar moved that the Council give this power of appointment to the Chairman. Seconded by Mr. Merrill. Voted unanimously for approval. Mrs. Neubert offered to try to find someone and submit the name to Chairman Flaherty, after first calling the O.E.O. office to ascertain just what they want. Construction by Velco Mr. Ferrar said he would like Dick Spokes to try to force them into making application as quickly as possible, and if they don't make application within the next two or three days, he would suggest that the City Manager call a meeting of the Council to discuss the problem. If they do file their application in good faith, then he felt the City could get involved in a legal hassle for no good reason. Mr. Szymanski asked about limiting it to anything above ground. Mr. Farrar asked if the Council wanted to get an injunction to prevent then from doing anything. Mr. Merrill recommended an injunction if they don't show up in the next two or three days. Mr. Ferrar said the problem is in the zoning ordinance. The ordinance has not allowed for utilities in all its zones. The intention had been to take care of that. Would a court uphold that particular part of the ordinance? Chairman Flaherty said he hated to set a precedent. Mr. Szymanski said he didn't think it would be that much of a hardship for them to stop and not start anything else. Mr. Flaherty suggested telling Mr. Spokes to tell Velco to finish whatever they are working on and stop — finish what they are doing and don't go any further — if they don't stop, the City will consider an injunction. Mr. Farrar felt the City Attorney to be the proper channel for communication. Mr. Ferrar moved that the City Manager be directed to tell Mr. Spokes to inform Velco they can finish their immediate job, but if they don't stop, the City will institute other action. Seconded by Mr. Merrill. Voted unanimously for approval. Application of Jacqueline Sourdiff for a second class liquor license Mr. Farrar moved that the City Council meeting be adjourned, and that its members meet as the Liquor Control Board. Seconded by Mrs. Neubert and voted unanimously. Mr. Szymanski said the ownership of a little store on Airport Road has changed hands, is now transferred to Jacqueline Sourdiff. She is now applying for a second class license. The City Manager discussed this with Chief Carter who has no objection. Mr. Farrar moved that the Liquor Control Board grant this application for a second class liquor license on the recommendation of the City Manager and the Chief of Police. Seconded by Mr. Merrill and approved unanimously by the Board. Mrs. Neubert then moved that the Liquor Control Board meeting be adjourned and the regular meeting be resumed. Seconded by Mr. Ferrar and voted unanimously for approval. Mrs. Neubert them moved that the City Council go into executive session to discuss appointments. Seconded by Mr. Merrill and voted unanimously. Mr. Farrar then moved that the Council when it came out of executive session would go into regular session for the purpose of making appointments. Seconded by Mrs. Neubert and voted unanimously. The regular session of the City Council was declared adjourned at 10:00 p.m. The Council went into Executive Session at 10:05 p.m. At the conclusion of the Executive Session Dr. Farrar made a motion to reconvene the regular session for the purpose of making appointments. This motion was seconded by Mrs. Neubert and passed unanimously. Chairman Flaherty reconvened the regular session at 10:10 P.M. APPOINTMENTS TO PLANNING COMMISSION Dr. Farrar made a motion to appoint Arlene Krapcho to the unexpired term of Attorney Schmucker and David Ellis to fill the unexpired term of William Robenstein. The motion was seconded by Mr. Merrill and passed unanimously. On motion made, seconded and passed unanimously the meeting was adjourned at 10:30 P.M. Approved Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.