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HomeMy WebLinkAboutMinutes - City Council - 12/15/1975CORRECTION TO MINUTES CITY COUNCIL 12/15/75 At the City Council Meeting of January 5, 1976, it was voted to approve the Minutes of December 15, 1975, with the following corrections: Page 6, paragraph heading Community Census Committee should be Community Center Committee. Page 6, preceding paragraph, the words and also the Governor should be added to the last sentence. Page 2, next to the last paragraph should be changed to read: "Section 7, page 3, it was moved by Mrs. Neubert, seconded by Mr. Merrill, with a vote of 2 to 2, to strike the words or nine months at the discretion of the Chief. This notion was not carried." CITY COUNCIL DECEMBER 15, 1975 The South Burlington City Council held a regular meeting on Monday, December 15, 1975, in the Conference Room, Municipal Office Building, 1175 Williston Road. MEMBERS PRESENT Paul Farrar, Chairman: Michael Flaherty, Duane Merrill, Catherine Neubert MEMBERS ABSENT John Dinklage OTHERS PRESENT William Szymanski, City Manager; Stephen Page, Planning Assistant: Richard Ward, Zoning Administrator: Al Cumming, Harry Behney, Robert Chittenden, Albert Audette, Gary Rounds, Mrs. Rounds The meeting was opened by the Chairman at 8:00 p.m. Minutes of December 1, 1975 On page 1, 4th line from the bottom, Federal grants are available should be should read Federal grants may become available. On page 2, 4th paragraph, the last sentence should be deleted which begins This was done in Canada... Mrs. Neubert moved that the Minutes of December 1, 1975. be accepted as amended. Seconded by Mr. Flaherty and voted unanimously for approval. Disbursement orders It was noted by Chairman Farrar that the disbursement orders were ready for signatures. Sign Notices of Personal Property Tax Liens The City Manager presented formal Notices of Personal Property Tax Liens which require approval by Council and said more Notices will be presented later. This is the first step in the formalized procedure to collect the delinquent personal property taxes. Mrs. Neubert moved that the Council sign the Personal Property Tax Notices for the following: Solomon's Market J. G. Body Shop Brown's River Co. Fabric Mill A.K.A. Sewing Bee Labels for Less Vermont Heating & Ventilating Co. Rest Haven Motel Hank's Citgo Station Art W. Mason Victor A. Menard T. P. Motors, Inc. Mr. Szymanski said previous efforts had been made to collect these taxes. The motion was seconded by Mr. Merrill and voted unanimously for approval. Review of Fire Department Regulations Copies of the proposed Fire Department Rules and Regulations were presented by Mr. Flaherty, Chairman of the Rules and Regulations Committee. He explained the volunteers of the Fire Department had asked for help in writing the Rules and Regulations and a six-man committee had been formed. The present draft has been approved by the City Attorney as being legal from a citizen's point of view. The committee met a week ago with the regular and volunteer firemen, who had received copies of the draft ahead of time to allow for study. When asked to vote on whether or not they wished to accept the Rules and Regulations, the vote was 18 affirmative to accept, 4 negative, and 3 persons abstained. He explained the purpose of the Fire Department Advisory Board is mostly to try to keep the differences to be settled within the Fire Department, and described the appeal process. The Board would consist of five members, to have a broad representation. The Board would meet monthly, would also meet with the Chief and could perhaps assist the Chief in presenting to the Council the budget needs of the Fire Department. No member of the Board would be a member of the Fire Department. Chairman Farrar suggested a motion to basicly approve these Rules and Regulations after discussion, and then formally adopt them at a later meeting. This could be considered the first reading. Mr. Flaherty moved that Council approve the first reading of the Rules and Regulations for the Fire Department to include any amendments made at this meeting. Seconded by Mr. Merrill. The Rules and Regulations were then discussed and the following changes made: Page 3, Section 3, removed for cause was questioned, that it did not explain what the causes might be. Mr. Flaherty said it was up to the Chief, if the causes were spelled out it might be found that it had not been spelled out enough to cover everything. Mr. Merrill felt the appeal process to be the important thing. Section 7, page 3, it was moved by Mrs. Neubert, seconded by Mr. Merrill, and voted unanimously to strike the words or nine months at the discretion of the Chief. Mrs. Neubert asked for an explanation of Off Duty hours and said she would like to see a section specify dealing with the special jobs of the officers, and how a person gets to be Captain, for instance. Mr. Flaherty explained these Rules and Regulations had been taken from those of other fire departments in the surrounding communities as well as large cities like New York, to make them as complete as possible. Some of these rules are very broad because it is impossible to cover every situation that might come up; the Chief should have the authority to do certain things. Page 5, the paragraph beginning All candidates, it was moved by Mr. Flaherty and seconded by Mr. Merrill, to amend this to read Basic Fire Training Certificate from the State of Vermont or its equivalent from any other state. The vote was three affirmative, with Mrs. Neubert obtaining. Page 5, the paragraph beginning Drivers was amended by a motion by Mr. Flaherty to add the words in the vicinity of the fire house after the words shall stop. Seconded by Mrs. Neubert and voted unanimously for approval. Mrs. Neubert objected to the powers given to the Advisory Board, saying such committees have a constant turnover: also she felt it was almost cutting out the City Manager. Mr. Flaherty said that according to the City Attorney the chain of command would remain. The Advisory Board has no power; according to the charter it can have no power. An advisory board was not recommended for any other department but the case of the Fire Department is different because it has 45 volunteers. As for the turnover, it is no different than Council or any other board or commission. The City Manager stated he saw nothing wrong with the appeal process, there is simply one more step being added. Chairman Farrar suggested that the terms of the members of the Advisory Board be established in the Rules and Regulations. Mr. Flaherty moved that at the inception of the Advisory Board two members should be appointed for one year and three members for two years. Seconded by Mr. Merrill and voted unanimously. Page 7, Section 3, question of past members of Fire Department being on the Board was discussed. Mr. Farrar felt there might be talent there, and Mr. Merrill felt it should be limited to one member. Mr. Flaherty said it was talked about by the committee and felt it was better not to have this included. Mr. Merrill asked about removing any member of the Board and was told the City Manager has charter authority for that. Mrs. Neubert questioned the need for the Fire Prevention Organisation on page 7. Mr. Flaherty said it was important enough so that it is in the Rules and Regulations of every other department that was studied. It is not a separate area but now it is spelled out. Mrs. Neubert then raised a question of volunteers in their own cars having the right to exceed speed limits or violate traffic regulations on private streets; also the question of promotions, that she felt promotions should not be arbitrary. Her next question was concerning alcohol. Mr. Flaherty explained things like alcohol would come under House Rules and the Committee had not attempted to provide House Rules, feeling that this was for the new Chief to set up his own rules. Chairman Farrar felt the personnel rules would cover the full-time employees, the problem would be with the volunteers. Mr. Merrill questioned Section 15 on page 11. Mr. Flaherty said the City Attorney said it would stand up under Safety provisions. Mr. Merrill moved that Section 15 on page 11 be stricken. Seconded by Mrs. Neubert and voted unanimously. Mr. Audette asked that Section 6 on page 3 be clarified. Mr. Flaherty moved that the words Fire Department be added before the word members and the words who are City employees be stricken from the Section 6 on page 3. Seconded by Mr. Merrill and voted unanimously. Mr. Audette recommended that any vacancy for advancement in the Fire Department be posted, and members be allowed to apply for it. Mr. Merrill moved that an addition be made to the paragraph on page 5 beginning All candidates as follows: Vacancies shall be posted and it shall be the policy of the Department where appropriate skills are available to promote from within the Department. Seconded by Mrs. Neubert and voted unanimously. Mr. Flaherty moved that a new section on page 5 be added, as follows: No officer or member of the Department shall report for duty at such a time when his capacity to perform is impaired by the use of alcoholic beverages or drugs. In case any member is suspected of violating this, a member of the Department should report the incident to the Chief who shall report the complaint and his recommendation to the Advisory Board. Seconded by Mr. Merrill and voted unanimously. To be Section 15 on page 5. After a discussion of the problem of suspension, Mr. Merrill moved that the officer in charge shall have the authority to immediately suspend from duty for 24 hours a City Fire Department employee or volunteer for violating Section 14 under III. Seconded by Mr. Flaherty and voted unanimously. This would be Section 16 on page 5. The suggestion was made to give the Advisory Board the power to make or confirm suspensions, but Mr. Flaherty said the City Attorney had stated this could not be done under the charter; this authority could not be delegated to the Board. Mr. Flaherty moved that the Chief, after consulting with the Advisory Board, may recommend to the City Manager the suspension of an employee for cause for a period not to exceed one year. Seconded by Mrs. Neubert and voted unanimously. This is to be Section 17 on page 5. Section 8 on page 4 was questioned by Mr. Audette as being unfair. After discussion Mr. Merrill moved that No person shall be eligible for reappointment unless reappointment is recommended by the Fire Chief, the City Manager, and the Fire Department Advisory Board. Seconded by Mrs. Neubert and voted unanimously. This is to be added to Section 8 on page 4. Mr. Flaherty's motion to approve this first reading of the Fire Department Rules and Regulations was voted unanimously for approval. The second reading will be on the agenda for the January 19th meeting. Review of the Regional Plan Mr. Page presented a four page memo containing his comments on the revised draft of the Chittenden County Comprehensive Plan which he felt should be considered by Council. Regarding the request that comments be submitted by December 22nd and the fact that Council had not had a chance to study the revised draft, Mr. Behney said he could pass on any comments made before the public hearing date which is expected to be the third week in January. Chairman Farrar urged the adoption of a plan consistent with the local plan, otherwise a proposal could be turned down under 250 because it was not consistent with the regional plan. To make the planning process right the plans should be synchronized. Mr. Page felt there was a sort of flexibility built into the regional plan to accommodate plans which don't fit the exact density or square footage called for in the land use map. Mr. Behney said there would always be the appeal process to the regional board. Chairman Farrar said he was concerned that the tax sharing proposal is still in the plan. Another concern was the effect the regional plan would have on development in the southeast quadrant. Mr. Flaherty said his two hang-ups were the tax sharing proposal and the plan for the regional council. Mr. Merrill said he was afraid South Burlington would be swallowed up in the regional community. He questioned the tax plan; could not see any compelling need for it at the present time. Transportation he could definitely see a need for. Mrs. Neubert asked what State Statute required a regional plan and Mr. Behney replied Chapter 117 requires a regional plan to be adopted, and it may become a requirement for local communities to get funding for water, sewers, etc. from Federal funds. He also said the regional council would not become another layer of government. There is also pressure from the Federal government to put planning on a multi-county basis, looking toward reducing the number of regional planning commissions in Vermont. Vermont now has ten administrative districts. Chairman Farrar suggested Council study the document and come in with basic recommendations to be acted on and forwarded to the Regional Planning Commission at the next meeting. Planning Assistant Mrs. Neubert wished to note for the record that she had received many reports of the excellent job being done by Stephen Page, the Planning Assistant. Resignation of Mary Barbara Maher from the Planning Commission Mr. Flaherty moved that the City Council accept the resignation of Mary Barbara Maher from the Planning Commission and that Council adopt a resolution of commendation for Mary Barbara Maher to be forwarded to her. Seconded by Mrs. Neubert and voted unanimously for approval. Engineering applications for aid for sewer projects Mr. Szymanski said it was necessary for Council to pass a resolution to authorize the signing by the Council's representative of applications for: $1,880 for planning advance for the Airport Parkway treatment plant, and a Federal grant for $56,600: a State planning advance of $6,240 for Phase 5, for final engineering, and a Federal advance of $30,700 for this. Mrs. Neubert moved that Council authorize the signing of these resolutions as recommended by the City Manager. Seconded by Mr. Merrill and voted unanimously for approval. The resolutions to be part of the record. Grand Juror Reference was made to a letter from the Code Officer requesting that Council take action on securing a Grand Juror for the City. Mr. Szymanski said he had talked with Mr. Spokes who felt that the present Grand Juror could at least continue in office until his term expires (Mr. Obuchowski) but that someone could be appointed as his deputy. Mr. Flaherty moved that Council appoint Mr. Szymanski as Deputy Grand Juror for the City of South Burlington. Seconded by Mrs. Neubert and voted unanimously. Comments on Community Correctional Center Mr. Merrill said he wanted to point out to the rest of the Council that the State is continuing to mislead the City as to what is going to be done at the local Correctional Center such as doubling the maximum security section again. He recommended that Council's concern be expressed in a letter from the Council and from the City. When the Center was built it was never the intention as indicated by the State that it be used for maximum security. Without the Liaison Committee such things would not even be known. Mr. Flaherty commented that the Center didn't have the courtesy to even let the City know what it was doing. Mr. Merrill also wondered about a building permit for the necessary modifications to be made to accommodate maximum security inmates. Chairman Farrar said he would compose a letter with the Council's approval and would also ask the Chairman of the Liaison Committee to report at the next meeting. Mr. Merrill suggested sending copies of the letter to the local representatives to the Legislature. Community Census Committee Mrs. Neubert she will get this committee organized in January the way it was layed out in the Comprehensive Plan but will not continue in any active capacity on the committee but would work with them as often as they wanted her and would report back to Council. Council could replace her with another Council representative to the committee. It was moved by Mr. Flaherty, seconded by Mr. Merrill, and voted unanimously that the meeting be adjourned. The meeting was declared adjourned at 11:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.