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HomeMy WebLinkAboutMinutes - City Council - 07/21/1975CORRECTIONS TO MINUTES OF JULY 21, 1975 At the City Council Meeting of August 4, 1975, it was voted to approve the Minutes of July 21st with the following corrections: On page 5, Mrs. Neubert asked to have the sentence beginning on line 4 changed to read: Mrs. Neubert said Council had the two Rounds hearings and the hearing it had the other night and it is going to have a committee to make rules and regulations to solve the problem without having the background material Council has obtained during the executive session. Also on page 5, Mrs. Neubert asked to have the words in the small lot at Arthur's deleted and substitute the words at the exit from the Mammoth Mart parking lot in front of Arthur's. CITY COUNCIL JULY 21, 1975 The South Burlington City Council held a regular meeting on July 21, 1975, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Paul Farrar, Chairman; John Dinklage, Michael Flaherty, Duane Merrill, Catherine Neubert MEMBERS ABSENT None OTHERS PRESENT William Szymanski, City Manager; Leonard Brown, Charlotte C. Marsh, Jack Tabaka, Ray Danis, Brian J. Gee The meeting was called to order at 8:00 p.m. Chairman Farrar declared the Agenda closed after the following items were added: Chittenden County Regional Plan; Shelburne Road Sewer application; Ridgewood Estates stipulations; Status of Fire Department Personnel matter; Arthur's Restaurant parking. Mrs. Neubert asked when the Lamplough contract would be discussed again and the Chairman answered in two weeks. Minutes of June 16, July 7, and special meeting of July 14, 1975. Mrs. Neubert asked that her statement beginning at the 8th line from the bottom of page 4 in the Minutes of June 16th be corrected to read: Mrs. Neubert said she had mentioned this to the staff of the Regional Planning Commission and to Mr. Behney twice and she had hoped it would not be in the final plan when drafted. On page 6, Mrs. Neubert asked that the words whether-or-not. 4th line from the bottom of the page be changed to the word this. It was moved by Mr. Dinklage and seconded by Mr. Flaherty that the Minutes of June 16, 1975, be accepted as corrected. Voted unanimously for approval. It was moved by Mr. Dinklage and seconded by Mrs. Neubert that the Minutes of July 7, 1975, be accepted as presented. Voted unanimously for approval. On page 2, Minutes of July 14, 1975, Mr. Dinklage asked that the word draft 10th line from the bottom of the page, be changed to read Attorney Spokes' comments this evening. It was moved by Mrs. Neubert and seconded by Mr. Flaherty to accept the Minutes of July 14, 1975, as corrected. Voted unanimously for approval. Mr. Dinklage asked if steps were being taken to post the Agenda more widely. Mr. Szymanski said each department is given a copy. Mr. Dinklage recommended that this copy be posted on their bulletin board. Disbursement Orders Disbursement Orders had been prepared for the signature of the Council members. In the process of signing the orders, Mrs. Neubert asked about an item of $57,000, a transfer item. The City Manager explained that some payments had been made out of the general highway fund instead of revenue sharing; that this had been picked up by the auditors who have been working on the accounts. This transfer is to adjust the error. Burglary Alarm Ordinance – second reading Chairman Farrar referred to the comments received regarding the ordinance and said there was at least good reason to assume the Council might want to make some changes; if any changes are to be made in the text the ordinance will have to be re-warned. It was decided to review the proposed ordinance section by section. Section 1. The question had been raised as to whether or not there would be a "grandfather clause" and Council felt there was no reason for this as the City was trying to install a system which would be compatible with all existing systems. No changes were made. Section 2. A question had been asked as to why the complete plans and specifications should be on file, and Council felt there was some justification for this, that the fewer times the plans are out the more protection there is. Mr. Dinklage moved that Section 2 be amended by inserting the word necessary before the words plans and specifications and the last line to read for the connection of such burglary alarm systems. Section 3. A question had been received about forcing someone to modify his present system to the new system, and Council felt there would be no problem as the new system would be compatible with any present system. No changes were made. Section 4. Council felt the Police Department would decide how they would respond. No changes were made. Section 5. One question asked had been the amount of the fee, and another question was whether or not the yearly renewal was the proper way or should it be for a longer time than that. Mrs. Neubert asked what the fee money would be used for, and was told by Chairman Farrar it was for the maintenance of the system in the Police Department. He said he would assume the initial cost would be pro-rated over a period of years. Mr. Dinklage said there would be some maintenance and inspections costs and that an annual fee is plausible. Mr. Merrill suggested establishing an installation fee and an annual fee, a fixed fee for installation, and an annual fee which would be less money. Council also felt the paper work should be kept to as little as possible. Mr. Flaherty moved that in Section 5 the words fee for the be inserted after the and before annual in the first line. Section 6. Mr. Dinklage moved that the words or have on file with the Police Department a list of the telephone numbers, be inserted in the 4th line of Section 6. Seconded by Mr. Flaherty and voted unanimously. Section 7. No changes were made. Section 8. The City Manager said the Police Chief had made no comments on this. Mr. Dinklage mentioned that only one group had asked for an extension of time. Chairman Farrar said Council had to take a position of reasonableness, but the shorter the trial period the better. Mr. Flaherty moved that in the last paragraph two (2) weeks be changed to four (4) weeks, and that the words or passage of this ordinance, whichever comes later, be added to the last paragraph of Section 8. Section 9. Mr. Merrill asked if anything should be added about the Police Chief's right to disconnect. Chairman Farrar felt the word convicted used in Section 9 gives the City the right to take them to court if it was wished to do so. No changes were made. Section 10. No changes were made. Mr. Flaherty suggested sending these changes to the City Attorney and if no further changes were made it could be re-warned for a second hearing. Mr. Dinklage asked if Council could do that but at the same time consider this a revised version. Mr. Merrill said he would prefer to go through it again. Mr. Dinklage moved that Council refer the changes made in the Burglary Alarm Ordinance to the City Attorney for his review. Seconded by Mrs. Neubert and voted unanimously for approval. Adopt resolution honoring the late Samuel F. B. Morse. Chairman Farrar read aloud the resolution honoring Mr. Morse. Mr. Flaherty moved that the Council sign this resolution. Seconded by Mr. Dinklage and voted unanimously for approval. Chittenden County Regional Plan Chairman Farrar said that because there was a feeling among the municipalities that the Regional Planning Commission was trying to push this plan too quickly, he had asked the City Manager to write a letter to the Regional Planning Commission asking them to delay consideration of this until the municipalities have had time to consider the plan in depth. He said he had also requested that a copy of the letter be sent to each of the governing bodies of the county, and that he would attempt personally to contact the members of some of the other bodies in the county and discuss their feelings on this. Shelburne Road sewer application Mr. Szymanski explained that Council has to adopt a resolution creating the authority to file for these funds for the Shelburne Road sewer; the entire Council has to sign. Mr. Flaherty moved that the Council sign the authority to file this application for funds for the Shelburne Road sewer. Seconded by Mr. Dinklage and voted unanimously for approval. Mr. Szymanski then explained a motion was necessary to approve the appropriation of $24,582, the City's share of the cost of the project. Originally they had talked about a figure of $15,000 or $17,000, but now an accurate cost has been worked up by the engineers of $24,582. Mr. Flaherty moved that the Council appropriate $24,582 of the City's share from Phase 3 to construct the extension of the Shelburne Road sewer. Seconded by Mr. Dinklage and voted unanimously for approval. Ridgewood Estates Mrs. Neubert asked that Council review the stipulations that then Planning Commission imposed on the Ridgewood Estates developers, to make sure they are being followed. Mr. Dinklage moved that the Council direct the City Manager to cause to be reviewed the stipulations placed on the Ridgewood Estates development prior to the issuance of any building permit, and report this back to Council. Seconded by Mrs. Neubert. Mr. Merrill said he felt this was inappropriate at this time. Council has laid out the ground work very thoroughly and he couldn't see that one single thing had happened that Council would have cause at the present time to investigate any of the foundations it had laid down on it. Nothing had taken place yet and he didn't see any basis for implying that the developer is not going to meet the requirements laid down. Mrs. Neubert said she would like Council to be able to check this off, that there have been permits in the past when stipulations that the Planning Commission made were not checked up upon. Chairman Farrar said there were two kinds of stipulations, one kind transpires before construction and one after. The only thing Council could ask for is the status of the stipulations. Mr. Merrill said he couldn't see holding up a permit. Mrs. Neubert said she was concerned that they had never seen ownership of the entire land; she wanted to check to see if the proof of ownership is there. Motion passed by a vote of 4 to 1. Mr. Merrill was opposed. Status of Fire Department Personnel matter Mrs. Neubert said she was not satisfied with what appeared to be a solution to have this go into a committee. Chairman Farrar explained it was not his understanding that the purpose in forming a committee was a solution. His understanding was that the committee to be formed is a committee which will write the personnel rules and regulations pertaining to the internal operation of the department. He thought that from time to time they may want to have discussions. Mrs. Neubert said she was not satisfied that Council has all the information it needs, that innuendoes were made that she would like to continue to look into. Chairman Farrar said if there are things Mrs. Neubert feels that should be discussed with the Chief, it would be very appropriate to do that, in an executive session. Mr. Dinklage said he couldn't see any point to it at this point. He would like to see this committee have an opportunity to attempt to draw up the operating regulations for the department. Mrs. Neubert said Council has the two Rounds hearings and the hearing it had the other night and the fact it is going to have a committee to make rules and regulations... Mr. Flaherty said the committee is perhaps going to set up a procedure to handle these problems. Mr. Dinklage said there will be a Council representative on this committee and he couldn't see the need for any further executive session on this matter. Mr. Leonard Brown explained that he thought their intent in the statement was that they would like to resolve the problems they have now and then get into the rules and regulations. Mr. Flaherty said they may be related if they see what the problems are and certain rules may help to solve the problems. Mr. Brown said there are problems they have to take care of now. Mr. Flaherty said he would see this committee lasting a couple of months. This is the first route to take and not run from the Council level into the committee level. Mrs. Neubert said Council is passing it off to some other people now, and asked if Council would like to have an executive session because people were making accusations and the facts were not substantiated. Mr. Dinklage said it would be best if this was discussed further in executive session; he did not like the direction this discussion was taking. Mr. Flaherty said Council should let this committee attempt to solve these problems without causing more problems; have this small committee to make these recommendations. Mr. Gee said if the executive session is written up and signed as a public document, it would have to be available to this committee. Mr. Dinklage said he didn't think that would be a public document. Mr. Brown said there is only one person to be considered at this time, he is the person the Council could at this time be listening to. Mrs. Neubert said she thought the taxpayers are also involved in this. Mr. Brown said Yes, that he agreed with her. Arthur's Restaurant Mrs. Neubert said she had seen cars parked every which way recently in the small lot at Arthur's. Coming north on Shelburne Road the only way to get to Queen City Park is to go through the Mammoth Shopping lot, she said, and if Arthur's is allowed to block off this exit how are people supposed to get on Queen City Park road when going north. Mr. Szymanski said people are supposed to take Home Avenue and Pine Street. Mrs. Neubert asked what if there is a fire and cars are parked all over. Mr. Dinklage suggested requesting that the exit from the parking lot be kept open at all times in the interests of public safety, including police and fire equipment. He also suggested referring this to the Police Chief and the City Attorney. The City Manager said there is not much that can be done on private property. Mr. Brown suggested rather than having it a fire lane, call it an emergency lane. Mr. Flaherty suggested checking with Dick Spokes to see what can be done and what can't be done, what the next step is, what powers the City has. Mr. Merrill said Arthur's would have a reason to keep it open anyway. Mr. Brown suggested carrying it a bit further, that the schools of South Burlington should have a better means of having people park their cars than in any of the fire lanes. The fire lanes are posted but it is not enforced; at the high school and the middle school it would be just impossible to get through. At the Middle school in the daytime, people park on both sides. Mr. Merrill said most of them are not posted properly. Mr. Brown then asked about the Fire Department committee. Chairman Farrar said that Mr. Flaherty had agreed to serve as the Council representative. Mr. Farrar said he would try to get people outside the Fire Department also, and will have this done by next week. Mr. Brown asked who would appoint from the Fire Department, and Mr. Farrar replied that Chief Monell would recommend and he, the Chairman, would appoint. He said he would try to get a committee which would be broadly enough based to try to solve the problems, people with different experiences and different points of view. Appointments and reappointments It was moved by Mr. Dinklage and seconded by Mr. Flaherty that William J. Szymanski be appointed as Deputy Health Officer. Voted unanimously. It was moved by Mr. Dinklage and seconded by Mrs. Neubert and voted unanimously to appoint Madlyn M. Cook, R.N., as Health Officer. Mr. Flaherty moved that Albert C. Audette be reappointed as Civil Defense Director and that James Goddette be reappointed as Civil Defense Director Assistant. Seconded by Mr. Dinklage and voted unanimously. Mrs. Neubert moved that Dr. Samuel C. Wiggans be reappointed as Tree Warden. Seconded by Mr. Flaherty and voted unanimously. It was moved by Mrs. Neubert that Mrs. Lois Graffam be reappointed as representative to the Vermont Bicentennial Committee. Seconded by Mr. Flaherty and voted unanimously. Mr. Flaherty moved that George E. Watson. Major Thomas Long, and Margaret Picard be reappointed for a three year term on the Recreation Committee. Seconded by Mrs. Neubert. It was moved by Mr. Dinklage, seconded by Mr. Flaherty, and voted unanimously to reappoint Henry Collin to the Fine Arts Committee for three years. It was moved by Mr. Flaherty and seconded by Mrs. Neubert to reappoint Charlotte C. Marsh and Frances S. Myers to the Cemetery Committee. Voted unanimously. The following members of the Corrections Center Liaison Committee were reappointed upon motion by Mr. Flaherty, seconded by Mr. Merrill: Alex Guyette, Jr., Saul Agel, Police Chief Richard G. Carter, Paul A. Dye, Richard A. Smullen, Mrs. Burton S. Tabakin. Voted unanimously. Other appointments were to be considered in executive session. It was moved by Mr. Flaherty to take the meeting out of the regular session and go into the Liquor Control Board. Seconded by Mr. Merrill. Mr. Szymanski said the Sheraton Motel is changing hands from the Dunfey Family to Maynard Auto Supply Co. as of August 1st. He said that Chief Carter has no objections. Mr. Dinklage moved that Council approve this application. Seconded by Mr. Flaherty and voted unanimously. Chairman Farrar said if there was no other business to transact, the Council would reconvene in executive session and discuss appointments and personnel matters, then reconvene in regular session for the purpose of making such appoints, but to transact no other business other than the making of such appointments. Mr. Dinklage moved that Council go into executive session to discuss personnel matters and appointments; that following the executive session Council would reconvene in regular session for the purpose of making the appointments. Seconded by Mr. Flaherty and voted unanimously. A 15-minute break was taken before calling the Executive Session to order so that a birthday cake and ice cream furnished by Charlotte Marsh in honor of Mike Flaherty's birthday could be enjoyed by those present. Dr. Farrar reconvened the regular meeting at 10:15 P.M. On motions made, seconded and passed unanimously, the following appointments were made: Mr. Vincent D'Acuti reappointed to the Burlington Airport Commission for a one year term. Mr. Russell M. Agne appointed to the Winooski Valley Park District for a three year term. Mr. C. Harry Behney reappointed to the Chittenden County Transit Authority for a three year term. Mr. Frank W. Lidral reappointed to the Planning Commission for a 2 year term. Mr. Robert M. Martineau reappointed to the Zoning Board of Adjustment for a three year term. Mr. Everett A. Mitchell appointed to the Sign Review Board for a two year term. Mr. Paul R. Graves reappointed to the Sign Review Board for a three year term. Mr. Peter L. Yankowski was reappointed to the Natural Resources Committee for a three year term. Mrs. Sheryl Ryden Larsen was appointed to the Natural Resources Committee for a two year term. Mr. Eugene G. Thieret was appointed to the Natural Resources Committee for a two year term. Mr. Charles E. Denison was reappointed to the City Charter Committee for a one year term. Mr. Robert A. Irish was reappointed to the City Charter Committee for the ensuing year. Mr. Wayne W. Jameson was reappointed to the City Charter Committee for the ensuing year. Mr. Harold J. Nolting was reappointed to the City Charter Committee for the ensuing year. Mr. Richard B. Sharpe was reappointed to the City Charter Committee for the ensuing year. The meeting was declared adjourned at 10:30 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.