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HomeMy WebLinkAboutMinutes - City Council - 01/05/1976CITY COUNCIL JANUARY 5, 1976 The South Burlington City Council held a regular meeting on Monday, January 5, 1976, in the Conference Room, Municipal Office Building, 1175 Williston Road. MEMBERS PRESENT Paul Farrar, Chairman; John Dinklage, Duane Merrill, Catherine Neubert MEMBERS ABSENT Michael Flaherty OTHERS PRESENT William Szymanski, City Manager; Stephen Page, Planning Assistant; C. Earl Gettinger, Dr. Julian A. Waller, Al Guyette, A. C. Audette, Carl Bohlen, Ray Belair, Frank McCaffrey, Rick Fickbohm, Patrick Harvey, Richard Flynn The meeting was opened at 8:00 p.m. by Chairman Farrar. Minutes of December 15, 1975 On page 6 it was noted the paragraph heading Community Census Committee should read Community Center Committee. In the preceding paragraph, same page, the words and also the Governor should be added to the last sentence. On page 2, next to the last paragraph – this is inaccurate and should 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 motion was not carried." It was moved by Mr. Merrill, seconded by Mrs. Neubert, and voted unanimously to accept the Minutes of December 15, 1975, subject to the above corrections. Disbursement Orders Disbursement orders were signed by the Council members. Presentation by Dr. Julian A. Waller and C. Earl Gettinger regarding roadside hazards Chairman Farrar stated the discussion was to be a general discussion and not related to any particular accident. It would not be proper to discuss a specific situation at this time; it could be prejudicial to the rights of the victim or the City. Mr. Gettinger agreed with that statement, saying he was not present for any confrontation. He was concerned as a resident of South Burlington, and also because there have been fatal accidents and serious injuries occurring as a result of highway obstacles. Such obstacles could be easily identified and an educational program could be undertaken which could benefit the City and its residents. Photographs were passed around to illustrate Mr. Gettinger's remarks. Dr. Waller made a lengthy appeal for correction of roadside hazards, exhibiting a number of books and publications as documentary evidence that the Federal Government and other states are concerned. His own recommendations were to cut trees six inches from the ground, use break-away poles which are also less expensive to replace if broken, and to inventory the problems in South Burlington and set priorities for their correction. The State Highway Department should provide training for local volunteers who could identify the present hazards. Training could also be provided for maintenance crews who have the responsibility for local roads and any new construction. Dr. Waller offered his own services to any volunteer group. He recommended that the City request the State Highway Department for assistance. Regarding the height of tree stumps which had been cited as a hazard, both Mr. Audette and Mr. Szymanski explained the reason for leaving them that way is to enable a bull-dozer to knock them over for removal. This would be difficult at six inches, and leaving them at six inches would be a hazard for mowing, also for snowmobiles in winter. Mr. Szymanski stated street signs and traffic signs were so flimsy they did not present a danger. Mr. Dinklage questioned whether or not the posts supporting traffic lights could be considered a hazard, whether it might be practical to put something around them. Discussion took place concerning utility poles, hazards on private property, the right to remove stumps where necessary fencing was attached to the stumps. Dr. Waller said he had been requested to raise the question of left turns in front of Burger King on Shelburne Road. It was agreed this was a problem because of the two intersections, but because the State owns Shelburne Road it is the State's problem. When more of the land is developed in the future, the entrance to Burger King will be moved down and the problem will disappear. Chairman Farrar said the Council should decide on the procedure to be followed in inventorying and identifying hazards in the City and requesting help from the State Highway Department. The City Manager is to report back on this and present recommendations. Dr. Waller and Mr. Gettinger were thanked for bringing their information and recommendations to the Council. Report from the Chairman of the Corrections Center Liaison Committee Al Guyette, Chairman of the Corrections Center Liaison Committee, read aloud a report to the Council describing the formation of the Committee; its work with the Corrections Center administration; the problems encountered in getting any newspaper publicity for the Open House in December with the result that only three persons attended the Open House; the problems arising from the maximum security facility being used as a holding center while a facility for this purpose was being prepared at the St. Albans Center; also the use of the maximum security being used as temporary holding for intoxicated persons picked up by South Burlington police. Mr. Merrill questioned the doubling up of the maximum security facility, also that the public is not being informed as to who is staying there. No one was to have been kept there more than 24 or 48 hours, no one of the maximum security type, before being moved to another area. Mr. Guyette stated that it was necessary to increase the capacity of the maximum security facility but the State policy is not to use this as a permanent maximum security. Nothing has been changed with respect to this policy. The overcrowded conditions were discussed; also Mr. Dinklage said a rumor had reached him that "trusty" inmates were being used to discipline other inmates. He felt the Committee could clear out and quell rumors of this sort. He also asked if inmates were using Farrell Park for recreation, and was told they are not. Mrs. Neubert commended the Committee for its work. Mr. Dinklage suggested more visibility for its work such as items in the Spokesman. Mr. Dinklage felt the Center is doing good work with its programs but he was most concerned about the expansion and the facility being used for maximum security. Also the cost to local taxpayers caused by such things as bomb scares. Request from Planning Commission for an appropriation for hydraulic survey of the Triangle Mr. Szymanski said the Natural Resources Committee had urged the Planning Commission to have this done. Chairman Farrar said an effort had been made to delineate drainage ways and to protect them by statute, the problem being that there is no definition of a drainage way and it is not known where they are. The Natural Resources Committee had said it was beyond their scope. Mr. Dinklage said development on a higher level can increase the volume of water going into the drainage way and this is a far bigger question than what are drainage ways, a question of what responsibility can be placed on a developer to solve this. Mrs. Neubert replied different kinds of development affects this and it would be difficult to put this into a zoning document as these questions can't be answered ahead of time. Mr. Dinklage felt this bigger problem might ultimately result in an ordinance, that the Planning Commission at site plan review could deal with these matters. Mrs. Neubert repeated that each development is different and will have a different effect. Someone should be hired to lay out the drainage ways, the kind of streams to be inventoried – but to define every stream by ordinance – she said she couldn't see that happening. Mr. Page said the proposed draft of the subdivision regulations refers to the developer's responsibility for storm drainage, not only his own property but downstream and upstream. The primary problem right now is that the zoning map showing minor streams and drainage ways is incomplete, and he felt the purpose of the request for this appropriation was to identify the areas in the Triangle and to use it as a prototype for the rest of the City. It would also help to resolve the zoning problem on the Triangle. Also an expert hydrologist could team up with Dick Spokes regarding a definition of drainage way. Chairman Farrar said what the Planning Commission is proposing is to get some expert assistance in the technical aspect of drainage and apply it to that one specific area of the community, and they will not need help for the rest of the community. Mr. Merrill felt the legal definition should come first. Mr. Dinklage felt the zoning of the Triangle was of sufficient importance to invest City funds to get the job done expeditiously and with a minimum of disagreement. Mr. Page described the present status of the zoning, with the district lines pretty well drawn, the permitted uses pretty well documented and a planned unit development being worked out, but the drainage way question has to be resolved when it comes time to make amendments to the zoning ordinance. Mr. Merrill was still concerned about the legal aspect because some developer could disagree about the drainage way. The City Manager is to get an estimate of cost and a statement of the work, also when it could be completed, as it could not be done in the winter. Mr. Page said the Federal Hydrologist had been suggested as a source of names. Appointment of Council member to Williston Road Task Force Chairman Farrar asked Mrs. Neubert to be the City Council member on the Williston Road Task Force and asked Mr. Dinklage to replace Mrs. Neubert on the City Center Committee. Mrs. Neubert accepted the appointment and said she would set up the first meeting of the City Center Committee and gather the available material for Mr. Dinklage to take over at the first meeting. Mr. Merrill wished to have it on the record that he was opposed to the appointment of Mrs. Neubert because she had been very much opposed to the mall; he considered Mr. Dinklage in the same position; he felt there were at least two other people who could possibly be a little more objective if appointed. Appointments to Planning Commission and Sign Review Board Chairman Farrar suggested deferring this item until the next meeting because of the lack of interest shown. Mr. Szymanski had received one applicant, a businessman, for the Sign Review Board; two written and one oral applications for the Planning Commission. Chairman Farrar felt Council should move reasonably soon in making an appointment to the Planning Commission. Mrs. Neubert suggested more effort to advertise, and Mr. Dinklage suggested having the first meeting in February for consideration of all applicants. Review of Regional Plan Chairman Farrar referred to the comments received from Stephen Page and asked if Council members had any "comments on the comments." Mr. Farrar said he found there was considerable lacking in the economic portion of the Regional Plan, the general economic development portion, which had not been discussed at all. He felt the important thing was improving the economic base and finding jobs for people. Unemployment and under-employment cannot be solved by expansion of tourist industry or shopping centers; it is necessary to expand the industrial and manufacturing base. This is not spelled out in the plan as something the county is going to actively promote. Mrs. Neubert felt there was no chapter in the plan she could accept; she couldn't reconcile herself to it in any of the areas that relate to South Burlington. Chairman Farrar said Council had identified the inconsistencies and made a presentation to the Regional Planning Commission and recommended taking the arguments for support, and argue for the inclusion of those things in the plan. Council could draft a resolution or a letter. Such points should be brought out now. Specific and general recommendations could be drafted. The actual legal force of the plan was discussed, particularly regarding a difference in a local plan and the regional plan at an ACT 250 hearing. It was felt there was confusion and part of the local zoning ordinance and plan could become null and void. Mr. Page referred to an opinion he had read regarding this and the Chairman asked him to get the date of this opinion. Mr. Szymanski then referred to a section in the Regional Plan requiring a full-time paid fire department. All Council members are to note their comments for a work session on Monday, January 12, 1976, at 8 p.m. The meeting was declared adjourned at 10:25 p.m. upon motion by Mr. Merrill and seconded by Mr. Dinklage. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.