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HomeMy WebLinkAboutMinutes - City Council - 01/06/1975It was moved that the Minutes of December 16, 1974, be approved as corrected at the meeting of January 6, 1975, this correction being: the last line on page two should read 500 feet rather than 500 yards. CITY COUNCIL JANUARY 6, 1975 The South Burlington City Council held a regular meeting on Monday, January 6, 1975, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Michael Flaherty, Chairman; John Dinklage, Paul Farrar, Duane Merrill, Catherine Neubert MEMBERS ABSENT None OTHERS PRESENT Richard Ward, Zoning Administrator; William Szymanski, City Manager; Ronald Schmucker, Wayne Jameson, Robert S. Babcock, Frank McCaffrey The meeting was opened at 7:00 p.m. for the purpose of interviewing the following applicants for vacancies on the Planning Commission: James Ewing, Frank Lidral, Richard Ross, and Jean Hildick. After a brief recess the regular meeting was reconvened at 8:00 p.m. Robert S. Babcock, one of South Burlington's representatives to the Legislature, attended the meeting and expressed his willingness to assist the City in any possible way. He asked that the Council inform him of anything they might wish to have introduced as a bill, explaining that bills must be presented during the first six weeks of the Legislature and he would need to know sufficiently in advance in order to have a bill prepared. Mr. Babcock said he would also like to report to the Council with information on some of the more complicated bills to be considered that would have an effect on the City, such as the Miller Formula for example. He felt the Council should have more background on some of these matters than can be acquired from the news. Chairman Flaherty suggested having Mr. Babcock report to the Council at the February 3rd meeting and expressed appreciation for Mr. Babcock's consideration of needs of the City. Mrs. Neubert asked Mr. Babcock to find out if the State is presently planning the purchase of any lakeshore properties. He agreed to check on this. Minutes of December 16, 1974 It was noted that the last line on page two should be corrected to read 500 feet rather than 500 yards. It was moved by Mr. Farrar and seconded by Mrs. Neubert to accept the Minutes of December 16, 1974, as corrected. Disbursement Orders Disbursement Orders were signed by the Council members. South Burlington Correctional Center Chairman Flaherty said he and Mr. Szymanski met with the official at the South Burlington Correctional Center. They were told the program at the Center will have to be expanded because of the closing of Window Prison but were assured that no maximum security offenders will be transferred to South Burlington as South Burlington is not equipped to handle them. Mr. Flaherty said the liaison group is to meet at the Correctional Center to be taken on a tour of the facility on Thursday, January 9th, at 7:00 p.m. and will have an opportunity to question the officials and hear their philosophy and comments. Mr. Peter Profera, head of the program at the Department of Corrections, and Harold Wright Superintendent of the South Burlington Correctional Center will be there. Any City Council members may attend if they wish. Mr. Schmucker recommended getting something in writing as to what they mean by maximum security prisoners and what they intend to do with maximum security people. Mr. Jameson added that it is extremely important to pin them down now, citing the assurances given to St. Albans when that facility was built that it would be only for youthful offenders, a rehabilitation institution, that it would never be used for maximum security. Mr. McCaffrey questioned whether the City could do anything anyway. Chairman Flaherty said he would like to have something in the Free Press concerning this, even though Jack Tabaka was not present at the Council meeting. Review of Firearms Ordinance amendment The City Attorney had prepared two copies of a suggested amendment, the first allowing no discharge of any firearm within South Burlington, the other permitting the discharge of any firearm except rifles within a certain area in the southeast quadrant. No firearm could be discharged within 500 feet of a building in this area. Mr. Farrar asked about the legal position of the home owner to protect his life and property. Mr. Schmucker said this is restricted but that in an agricultural area there is often a need to dispose of an animal by shooting it with a 22 or a shot gun. This should not be a license to shoot everything on one's own property, but only where there is a real need to get rid of an animal that is a nuisance or a danger. Mr. Szymanski said Chief Carter recommended a uniform ordinance throughout the City, a no-shooting ordinance. Mr. Schmucker expressed great concern about the danger to children playing outdoors in the agricultural district, persons walking or riding horses, the danger to domestic animals on their own property. He approves of hunting but not in such thickly settled areas. People who wish to hunt should be willing to drive a little extra distance for their sport. He cited ricocheting bullets as a great danger. Extensive discussion followed concerning the safety or danger of shotguns; ballistics statistics; the right of citizens to still enjoy some of the good hunting available, particularly in the Muddy Brook area; the concern of the farmers for the safety of their animals, many of which had to be kept in the barns during deer hunting season; a possible change in boundaries to allow hunting but keeping it out of the residential area; having the 500 feet limit apply to roads as well as to dwellings; allowing a farmer protection from marauding dogs that kill his own animals; danger of guns in the hands of unqualified persons; the new hunter's safety law passed in last legislature requiring new license applicants to take the hunter's safety course. Mr. Dinklage then moved that the City Council ask Duane Merrill to talk with the City Attorney and another amendment be drafted to the firearms ordinance that would incorporate a provision that shotguns and conventional bows would be allowed in the southeast quadrant; that their discharge would be prohibited within 500 feet of any building or road; and that some provision be provided whereby the property owner could contact an appropriate State agency to obtain permission to dispose of problem animals. Seconded by Mr. Farrar. Mr. Jameson suggested incorporating some wording that in a dire emergency a person would not be breaking the law to fire a weapon anywhere in the City for self protection. Mr. Merrill said he could ask the City Attorney but this would be a real legal hassle. Mr. Schmucker advised staying completely out of it. Mrs. Neubert expressed strong opposition to any shooting in the southeast quadrant, adding that bows can be inaccurate and are also a hazard. Mr. Merrill felt the City has planned for this open space land and the benefits of this open space should not be taken away; the privileges of the land owner should not be taken away from him. He explained there had been no restrictions in the town until 1961 when hunting was eliminated except for the southeast quadrant. Mr. Schmucker emphasized this should now be restricted because of the residential growth in the area. The motion was passed, Mr. Dinklage, Mr. Farrar, Mr. Merrill voting in favor of the motion; Mrs. Neubert opposed; Chairman Flaherty abstained, saying his mind was not yet made up. Mr. Schmucker commented that sometimes both sides can be right. No Parking signs in Queen City Park The City Manager presented a Resolution calling for the installation of "No Parking" signs on Shaw, Pleasant, and Pavilion Avenues in Queen City Park, as recommended by Chief Carter He explained there has been a problem right along because people leave their cars in the streets rather than in their driveways, and when asked by the Police Department to move the cars have responded that there is no law against parking in the street. The 10 foot width of the streets makes it a dangerous situation After Chairman Flaherty reed the Resolution aloud, Mr. Farrar moved that the City Council approve the Resolution as presented by the City Manager. Seconded by Mr. Dinklage and approved unanimously. Mrs. Neubert asked about parking in the Red Rocks vicinity, and Mr. Szymanski replied that is already posted. Union contracts with Highway and Police Departments Mr. Szymanski said the only changes are the increase in pay scales and the change in sick leave allowance from 120 days to 150 days, and the contracts were reviewed by the City Attorney. Mr. Dinklage suggested that he not sign the contracts since he was not a party to the negotiations. Mrs. Neubert moved that the City Council sign the Highway Department and Police Department Union contracts as presented by Mr. Szymanski. Seconded by Mr. Farrar. Motion voted for approval with Mr. Dinklage abstaining. Resignation of Sidney Poger from the Planning Commission Mr. Farrar moved that the City Council ask the City Manager to send a letter of appreciation to Mr. Poger for his services on the Planning Commission. Seconded by Mr. Dinklage and voted unanimously. It was noted that Mary Barbara Maher has resigned as Chairman of the Planning Commission because of her legislative duties, but will continue as a member of the Commission. Recommendations of City Charter Committee re redistricting and reappraisal Wayne Jameson represented the City Charter Committee in the absence of Fred Maher Regarding reappraisal. Mr. Jameson said that no one who was involved at the time even considers the question that reappraisal was not intended and the Committee recommends that the intent of the writers be followed. If there were no changes in values, the assessor could do it on paper; no zone changes, no inflation, etc. that would affect property values. An opinion from Mr. Obuchowski of the City Attorney's office had raised the question of whether an appraisal was necessary, or merely a review. Mr. Jameson said if there is no question as to the desirability of the reappraisal, then the Council can go ahead with the reappraisal regardless of the attorney's opinion, then subsequently ask him to redraw that section of the Charter. Chairman Flaherty said it would mean going to the voters for a charter change. Mention was made of the very accurate records now being kept in the Assessor's Office, records kept up-to-date, which would facilitate a reappraisal. The question of a physical inspection being required was considered, whether the language in the Charter leaving it optional was legal. Mr. Jameson said the reappraisal would go into effect April 1, 1976, so the reappraisal would have to be done during the coming year. Mr. Dinklage suggested an open meeting with City Assessor present and get it on the record, perhaps at the next meeting. Mr. Jameson said Mr. Underwood wants to know as soon as possible because he has to start preparing for it. Mr. Farrar then moved that it be the objective of the City Council to do a fair reappraisal of the fair market value of property every five years, and that one be initiated to be ready for the April 1976 date. Seconded by Mrs. Neubert and voted unanimously. Chairman Flaherty said Dick Underwood would be asked to attend the next Council meeting. Regarding redistricting, Mr. Jameson read from a three-page report he had prepared, promising more copies for the members to consider at length. He outlined some of the reasons and philosophy for the consideration of adding another voting place at Chamberlain School for the convenience of voters living on that side of the City, giving the estimated cost for the additional polling place. There were different considerations for the idea of redistricting. He listed some of the disadvantages of multi-member districts, both to the voters and to the candidates for office. Mr. Jameson felt that while an additional polling place could be set up at any time, the redistricting should not take effect until at least 1978 in fairness to the present incumbents. Mrs. Neubert commented that by then there might have been enough growth in the other direction to necessitate another district. Mr. Jameson described the lengthy process involved in effecting the redistricting. The reactions of the members of the Council were not too favorable. Mr. Farrar felt it would have political ramifications beyond the theory, but he would be in favor of it if it were not to take place before reapportionment. Mrs. Neubert said if it had come up at a different time she might have been in favor of it. Mr. Merrill said he couldn't see three polling places. Mr. Farrar asked if a candidate would be required to live in the district he was elected from, and Mr. Jameson replied he would be, but that he could serve out his term for which he was elected. Mr. Flaherty suggested talking with authorities at Chamberlain School as they might feel they did not have the proper space and sufficient parking for the building to be used as a polling place. Mr. Jameson said some people feel that the polling place is most important while others feel the issue of splitting the district to be of higher priority. Asked by Mr. Dinklage about a time schedule for getting a charter change on the ballot in May, Chairman Flaherty said they would have about 2½ months for preparation time. The Council decided to schedule this discussion for the first meeting in February. Chairman Flaherty will contact Jack Tabaka of the Free Press for publicity, and will contact Col. George C. Crooks of the Board of Civil Authority also. Mr. Merrill felt it very important that this take place very far off, in the future, and Mr. Farrar felt it should be 1982, the next time the State does a reapportionment. Chairman Flaherty thanked Mr. Jameson for taking time to give such a complete report to the Council. Lakelands Corporation land acquisition The City Manager said application has already been made and he wants to get an option on the property. Mr. Farrar moved that the City Manager be empowered to contact the City Attorney to arrange for a suitable option to be agreed upon for the purpose of presenting to the voters the question of acquiring the Lakelands Corporation property. Seconded by Mr. Dinklage. An amendment was suggested: to secure an option extending until June 1st. The City Manager said the option should be for a year and he will ask Mr. Unsworth if he is willing to go longer. Motion voted unanimously for approval. Funding is not definite now, but Mrs. Neubert explained it still has to go to the voters regardless of how it is funded. Appointment of a Deputy Grand Juror The City Manager explained there is no extra cost involved in this, it is simply to have a Deputy when the Grand Juror is unavailable, with either one being paid an hourly rate for services performed. Chairman Flaherty asked if it would be possible to incorporate the work of the Grand Juror with the office of the City Attorney. Mr. Szymanski said they had already tried to do this and Mr. Spokes is not interested. Joe Obuchowski is willing to accept the appointment himself. Mr. Farrar moved that the City Council appoint Joseph Obuchowski as Deputy Grand Juror for the City of South Burlington. Seconded by Mr. Dinklage and voted unanimously. New members for Planning Commission Mr. Dinklage said he would feel much more comfortable if there were some sort of notice in the city paper that the Council will be interviewing the last of the applicants for the vacancies on the Planning Commission. Mrs. Neubert agreed, saying there is no point in having this open-ended forever. Chairman Flaherty said it would be planned to make appointments the first week in February. A motion for adjournment was made by Mr. Dinklage and seconded by Mr. Farrar. Meeting declared adjourned at 10:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.