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HomeMy WebLinkAboutMinutes - City Council - 10/20/1975CITY COUNCIL OCTOBER 20, 1975 The South Burlington City Council held a regular meeting on Monday, October 20, 1975, in the Conference Room, Municipal Office Building, 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; Richard Ward, Zoning Administrator; Stephen Page, Planning Assistant; Charlotte C. Marsh, Albert C. Audette, Al Cumming, F. McCaffrey Chairman Farrar opened the regular session at 8:30 p.m. following an executive session at 8:00 p.m. which ended at 8:20 p.m. Instructions to City Attorney Mr. Dinklage moved that Council instruct the City Attorney to provide any necessary counsel and assistance to the Zoning Board of Adjustment with regard to the Nesti zoning appeal. Seconded by Mrs. Neubert. Motion was carried by four affirmative votes, Mr. Flaherty abstaining because of his business relationships with the medical clinic of which Dr. Nesti is a member. Mr. Dinklage then moved that Council instruct the City Attorney to defend the City and any City employees or officers who may be involved in the legal action brought by the Lakelands Corporation. Seconded by Mrs. Neubert and voted unanimously for approval. Minutes of October 6, 1975 It was noted that on page 1 under Disbursement orders the words orders were had been omitted. On page 8 the heading at the top of the page was omitted. This was the Agenda Item #4: Meet with Peter Bergh — Amendment to Zoning Ordinance. It was moved by Mr. Dinklage and seconded by Mr. Flaherty to accept the Minutes of October 6, 1975, as presented. Voted unanimously for approval. Disbursement orders It was noted that the disbursement orders were ready for signature. Federal Aid Urban Systems Mr. Dinklage, referring to the resolution to be signed, asked if there was anything required that was different from what is normally followed in the building and maintenance of the road — any additional obligations imposed on the City. The City Manager said it was similar to the Red Rocks situation, the Highway Department will handle it for the City and the City will have to buy just a little piece. Mr. Dinklage moved that Council sign the application for Federal Aid Project (Urban System) and Agreement relative to engineering costs for the industrial park road. Seconded by Mr. Flaherty and voted unanimously for approval. Redesignating of Williston Road Chairman Farrar said the Council has to consider two roads for redesignation, Route 2 and Route 7. Route 2, with the concurrence of the other communities, can be added to the urban systems program which would mean more construction could be done in the future under the program. Mr. Szymanski said Route 7 does not affect South Burlington, but Mr. Farrar said the Council should still decide whether or not to approve it. Mr. Szymanski said that regarding Route 2 there is a much better chance for getting urban systems money because there is a lot more of it. The only difference is that the City has to come up with 15%. Mr. Farrar said it would be of benefit to the City to try to get Route 2 on the urban systems map because he understood it could not be kept under the Federal Aid primary classification but would be classified as secondary. Mr. Dinklage moved that Council recommend including all of Route 2 in the Greater Burlington Area as part of the Federal Aid Urbans Systems. Seconded by Mr. Flaherty. Mr. Merrill asked how it would be designated on the map and Mr. Farrar replied it would still say Route 2, it is just a question of money. Mr. Dinklage asked if the Greater Burlington Area stops at the South Burlington-Williston line. Mr. Szymanski said it goes at least to 2-A. Mr. Merrill raised a question as to whether the State had perhaps been receiving Federal funds for Route 2 in South Burlington. Mr. Farrar said it was his understanding that the Federal Aid Program, primary or secondary, is for construction, not maintenance. With Federal Aid primary, the City doesn't have to put any matching money whereas it must put up 15% in urban systems. Mrs. Neubert said she felt the City ought to know what the action is on Route 2 from Kennedy Drive to Williston. Mr. Flaherty said if Council doesn't do anything it will become a rural collector road. Mrs. Neubert said urban systems money is supposed to aid Town roads and U. S. 2 from Kennedy Drive to Williston is a State highway. Mr. Audette said it was not. Mrs. Neubert said if Route 2 has to be widened, it would be construction. Mr. Farrar said the City has no choice in the matter. Mrs. Neubert said Council should make sure it is on the urban systems. Mr. Audette questioned the effect on State Aid and Mr. Szymanski said it would have no effect on this at all, that Mr. Merrill was questioning the Federal Aid received by the State. Mr. Audette explained the City is getting a different rate for this particular strip of road. Chairman Farrar said the State may have used Federal funds when they reconstructed it. Mr. Merrill recommended pursuing it because he was not convinced that the City is not entitled to funds for the portion of Route 2 in South Burlington. Mr. Dinklage's motion was voted unanimously for approval. Regarding Route 7, Chairman Farrar said he felt the most favorable response would be to take a positive motion to the effect that the City would not be opposed to including it if the other communities wish to. He didn't think it was in South Burlington's interest in any way that it be improved because it is not within South Burlington. Mr. Flaherty moved that Council state it is not opposed to the inclusion of Route 7 from the 189 interchange to the Interstate 89 in Winooski as part of the Federal Aid Primary System or the Federal Aid Urbans Systems. Seconded by Mr. Dinklage. Motion passed by a vote of 4 to 1. Mr. Merrill opposed it because he felt he did not have enough information on the matter. Chairman Farrar said he would instruct the City Manager to communicate with Bruce Houghton of the Regional Planning Commission regarding action taken by Council. Flood Plain Insurance resolutions Chairman referred to a previous motion to solicit opinions from the City Attorney and from the Code Officer. Mr. Szymanski said Mr. Spokes felt Council could go ahead and adopt these resolutions which were drafted. It will be at least six months before the Flood Plain Maps are received and the Zoning Ordinance should be amended to conform to the map. Mr. Spokes has checked with the Regional Planning Commission on this. He feels the resolutions are appropriate and should be adopted; then proceed with the amendments to the ordinance. Mr. Merrill said that Mr. Ward had said at the time that there questions and he was going to come back. Mr. Szymanski said it will be a requirement of the Federal Government that this be done although there is really no major problem in South Burlington. The deadline is November 1st for submitting these applications. Mr. Dinklage moved that on the basis of the recommendation from the City Attorney and the City Manager that Council adopt the resolution relating to flood insurance. Seconded by Mr. Flaherty. Chairman Farrar read the resolution aloud and said the City's intent is to comply and there is no reason not to adopt it. The motion to adopt the resolution was voted unanimously. Mr. Dinklage then moved that Council approve the resolution relating to Flood Plain Insurance Program building permits. Seconded by Mr. Flaherty. The Chairman proceeded to read this resolution aloud, and explained this was only for new construction, for building permits, and he could see no objection to it. The motion to adopt the resolution was voted unanimously. Recommendations for sewer line extensions by private developers The memorandum on a sewer line extension policy submitted by the City Manager was discussed. Mr. McCaffrey asked what it meant and the City Manager explained it would make it possible for anyone hooking on to a sewer extension put in by a private developer to do so by reimbursing the developer on a basis of the frontage involved. Mr. Dinklage moved that Council accept Mr. Szymanski's policy recommendation of October 16 with the following change: the last sentence under Item 4 should read: "The fee shall be determined by the City Engineer using the construction costs applicable at the time of submission of agreement to the City Engineer without any accrual of interest." Seconded by Mr. Flaherty. Chairman Farrar said he still had a hangup on this when there are cases in which the strict application of the policy might be somewhat unfair or prevent somebody from hooking on because the cost would be unreasonable based on the front footage. Mr. Merrill said it is usually done on front footage, this is a hookup charge just to prorate the initial cost of the sewer. An appeal could always be made. Mr. Szymanski said some front footage might be all solid ledge, and Mr. Merrill the cost would be averaged for the whole line. The motion to approve the recommendation was voted unanimously. City Manager's report on action to be taken to collect taxes Referring to the City Manager's memorandum of October 17th, Chairman Farrar said he believed Council should ask the City Attorney to work with the Tax Collector to set up some standardized procedures which the Tax Collector can then follow to more speedily expedite the setting up of tax sales. These procedures could be drawn up with the preparatory work being done in City Hall. Mr. Farrar said he also felt personally that it was necessary for Council to reconsider its action of last year not to raise the interest rate. Under the present rules and regulations there is no incentive for a person to pay his taxes because the 6% is less than average from any other source. If the interest was higher there would be continuing pressure to pay up. He felt there should probably be a charter change. Mr. Dinklage asked about a resolution. Chairman Farrar said action could be taken to instruct the City Manager to proceed as outlined in his memorandum and also if Council wishes him to work with the City Attorney. The charter change would be a separate matter. Charlotte Marsh recommended making the notice much more emphatic in collecting taxes, making it more noticeable. Mr. McCaffrey raised a question about poll taxes and the listers, explaining a situation which occurred in his own family with what he considered false information being given by the lister. The residence requirements for poll taxes were explained to him. Chairman Farrar recommended some sort of work session for the listers and perhaps a fact sheet could be prepared for them. Mrs. Neubert felt this to be necessary. Mr. Dinklage moved that Council instruct the City Manager to proceed with the collection of delinquent taxes in the manner outlined in his memorandum of October 17th and that Council ask the City Attorney to work with the Tax Collector to set up procedures whereby the Tax Collector can set in motion processes to take legal action necessary to collect delinquent taxes, and that in the event legal expenses are incurred up to 15% of the delinquent taxes can be assessed to cover those expenses. Seconded by Mrs. Neubert. Mrs. Neubert asked what the less serious delinquent taxes are. Mr. Szymanski said some are only delinquent a couple of payments, less than a year, and some of those people are making an effort to pay. Mr. Merrill asked if a sherriff had been contacted to initiate land sales, saying it would be very effective. The motion was passed unanimously. Chairman Farrar suggested a motion to instruct the City Manager to have an appropriate charter change prepared for inclusion on the next City meeting ballot. Mr. Merrill said he was opposed to this; he felt the 8% and the 6% added on is an adequate penalty, with the 15% additional for legal fees it is enough. Chairman Farrar said he didn't think it was imperative to act on this at this meeting, that Council has time to consider it. Mr. Merrill said there should be more information in some of these cases that this is the reason people are doing it. Mr. Dinklage said he didn't think it an unduly punitive measure to charge 12%; if it is just a matter of hard times people are likely to go out and pay 12 to 18% to cover other expenses they deem necessary. Mr. Farrar said he was concerned about the cost to the City's taxpayers because they are being taxed additionally to cover those delinquent taxpayers, sometimes they are borrowing money to pay their taxes, and it is unfair to penalize them. Mr. Merrill was concerned about the individual who is having hard times. Mr. Szymanski said a procedure can be worked out with them. The other problem is the person who is determined he is not going to pay taxes. Award for Charlotte Marsh Chairman Farrar presented an award to Charlotte Marsh from the Vermont Old Cemeteries Association, a recognition certificate for meritorious service rendered in the restoration and preservation of old and neglected cemeteries. Miss Marsh asked that the framed certificate be hung in City Hall in the Conference Room. She made the following verbal report to Council: On October 16th, under the supervision of the Cemeteries Committee Chairman Charlotte Marsh, several trees were removed from each cemetery at a cost of $350. Mr. Merrill moved that the meeting be adjourned. Seconded by Mr. Dinklage and voted unanimously. Charlotte Marsh said she wished to make the following statement: "I have been wondering whether the Council was thinking of their duty to the City in accepting the resignation of Fire Chief Melvin Monell. I do not wish any discussion on my comment." Meeting declared adjourned at 9:45 p.m., following which cake and icecream were served in the Manager's office in recognition of a birthday of a member. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.