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HomeMy WebLinkAboutMinutes - City Council - 06/07/1976CITY COUNCIL JUNE 7, 1976 The South Burlington City Council held a regular meeting on Monday, June 7, 1976, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Paul Farrar, Chairman; Frank Armstrong, Michael Flaherty, Catherine Neubert MEMBERS ABSENT John Dinklage OTHERS PRESENT William Szymanski, City Manager; W. Kirk Woolery, David Morency, Robert A. Lang, Jane Smith, George Smith, Yvan J. Beliveau, Steven Bushey, Pat Burgmeier, F. McCaffrey, A. Audette, Martin Paulsen, Richard Ward, D. Sheil, Bob LaBerge, Art Dorey The meeting was opened at 8:00 p.m. by Chairman Farrar Two items were added to the Agenda: Discussion of House Rules for Fire Department; Complaints concerning minibikes. Interview candidates for Planning Commission vacancies The following candidates were present at the meeting and were interviewed by the Council for vacancies on the Planning Commission: Yvan J. Beliveau Stayen G. Bushey David C. Morency W. Kirk Woolery Minutes of May 17, 1976, and May 21, 1976 Consideration of the Minutes of May 17, 1976, was deferred until the next meeting because of the absence of Mr. Dinklage. Mr. Flaherty moved that the Minutes of May 21, 1976, be accepted as presented. Seconded by Mrs. Neubert and voted unanimously for approval. Disbursement Orders The Chairman stated the Disbursement Orders were ready for signatures. Consideration of appointments to various boards, commissions, and committees Chairman Farrar stated that Mr. Dinklage who was unable to attend the meeting had asked that these appointments be deferred until the next meeting of the Council. The Council members agreed to this postponement. Complaints concerning minibikes Chairman Farrar said complaints had been received regarding minibikes being operated on City property and also unregistered motor vehicles being operated on City streets, and he had been told by Chief Carter that if suitable complaints were lodged, procedures were now available that the operators could be prosecuted. There is an ordinance which strictly forbids this riding on City property and people should be informed of the ordinance and there should be enforcement. Mr. Lang referred to the problem in his neighborhood which he said was not limited to small minibikes but ranges from giant motorcycles to automobiles. He said he had discussed this with Mr. Farrar and had called the City Manager but he didn't think the Police Department should be expected to spend all their time on this. Mrs. Neubert felt calling the police was the only answer, that posting signs wouldn't work. Mr. McCaffrey asked about the plan the Recreation Department had sometime ago to make a trail for the children to ride their minibikes. Mr. Audette said he had been told by some of the "kids" while working at Farrell Park that they had been told by the police that it was all right to ride as long as they stayed out of the woods. He added that they have had a problem with this at Farrell Park. Mr. Szymanski offered to include the ordinance in the SPOKESMAN. He said the problem had been discussed many times and the best solution was to provide a place for them to ride and he is to approach the Recreation Department on this. He was also asked to be sure the members of the Police Department understand the ordinance. Mr. Armstrong mentioned the erosion as being a big problem. Adopt three resolutions: a. Commendation resolution for Acting Fire Chief. b. Resolution in support of Planning Process for a Coordinated Waste Treatment Management System for the State of Vermont. c. Resolution for installation of STOP signs at three intersections as recommended at the May 17th meeting. Chairman Farrar read aloud the commendation resolution for the Acting Fire Chief. Mr. Flaherty moved that this resolution be signed by the Council. Seconded by Mrs. Neubert and voted unanimously for approval. Mrs. Neubert expressed her personal appreciation to Mr. Smith for the fine job he had done in serving as Acting Chief. Chairman Farrar gave a brief summary of the resolution to support the Planning Process for a Coordinated Waste Treatment Management System, offering to read the complete resolution if Council so desired. He said all communities are asked under public law to do this in order to be eligible for funds for waste treatment projects; it permits South Burlington to coordinate and discuss its actions with other communities. Mr. Szymanski explained a committee is to be established on a State-wide basis consisting of 22 members, with 8 elected officials from the State, 8 to be Regional Planning Commission chairmen, and the rest from different agencies of the State. This is mandated by Federal law. Mr. Farrar added that Vermont is small enough so this can be handled by one State-wide planning agency. There is no City money involved. Mr. Flaherty moved that Council sign this Resolution in support of Planning Process for a Coordinated Waste Treatment Management System for the State of Vermont. Seconded by Mrs. Neubert and voted unanimously. Chairman Farrar then read aloud the resolution for the installation of STOP signs at three intersections: 1) White Street and Airport Drive; 2) along the westbound lane of Poor Farm Road and Mountain View Road; 3) Hadley Road and Orchard Road. He stated this formal action is necessary to allow for the installation of these signs. Mrs. Neubert moved that Council sign the resolution designating the three new STOP signs as recommended at the May 17th meeting. Seconded by Mr. Flaherty and voted unanimously for approval. Right-of-Way Agreement for Project M-5200 (1). Industrial Park Road. Mr. Flaherty moved that Council authorize the City Manager to execute the Right-of-Way for the Industrial Park Road. Seconded by Mrs. Neubert and voted unanimously. Interview for vacancy on Fire Department Advisory Board Mr. Robert LaBerge was interviewed by the Council for membership on the Fire Department Advisory Board. When the subject of the Charge to the Fire Department Advisory Board was brought up. Mr. LaBerge said he had not read it. The other members of the Board stated they had not read it until after they were appointed; they wished to have further clarification of the Charge. Mr. Flaherty moved that Robert LaBerge be appointed by Council as a member of the Fire Department Advisory Board. Seconded by Mrs. Neubert and voted unanimously. Mr. Flaherty explained he made the motion because Council would be meeting with the Fire Department Advisory Board later in the evening. Petition for Referendum — Subdivision Regulations Mr. Flaherty moved that Council submit the Subdivision Regulations to a vote of the people at the regular September Primary unless prior to the time of the legal warning Council has received a petition signed by a sufficient number of the voters who signed the original petition, making the Referendum unnecessary. Seconded by Mrs. Neubert. Mr. Farrar explained the basic intent of this was to put the Subdivision Regulations to the voters in September unless a petition is received nullifying the first petition. The City now has Subdivision Regulations on the books and several weeks ago a new set of Subdivision Regulations was passed. Since the petition was received there has been communication to both the Zoning Board and the Planning Commission saying there might be points on this which could be resolved. Mrs. Neubert asked what Mr. Farrar meant by resolving without going to a vote. The Chairman replied the people who had circulated the petition (he named four) had been told to put their comments and suggestions in writing and Council would look at them. If Council found it agreed with those comments, then those people would have the option of taking the petition back to the signers and removing the necessity for the Referendum. Mrs. Neubert said that was negotiating — negotiating with these people to see if we can't reach terms with them to change the Subdivision Regulations and if we give in to them they will take a petition around that will stop us from having a Referendum. Mr. Farrar said anything is subject to improvements and therefore if people have what Council considers legitimate reasons for making changes, they should be made. Mrs. Neubert asked why these legitimate questions were not brought to the Planning Commission and the Council; she felt the whole thing was a negotiation thing and was blackmail. Council shouldn't negotiate to change something because of four people. The Chairman said if the majority of this body felt there were things in the best interests of the community he felt it should make those changes and get approval in the earliest possible time. Council cannot make any changes until either it gets a new petition which rescinds the old one, or there is an affirmative vote by citizens of the community at which time amendments can be made. He said one of the things brought out at the public hearing was that everyone agreed there was some change needed in the time that is required as far as the time the permit was valid. Mrs. Neubert said this community took years to create an ordinance with the best input from those who work for the City, and then a group of citizens without giving input ahead of time presents a petition and says if they get what they want they will take the petition back. Mr. Flaherty said he felt there were public hearings and these people did pass up their opportunity. He did not relish going through it again but Council can't say that any group in the City is so rigid it won't listen to the people. They have a right to come in. Mrs. Neubert said she would go along with the motion but she did not like the negotiation and would not support it. The motion was voted unanimously. Meet with Fire Department Advisory Board Board members Martin Paulsen, Art Dorey, Robert LaBerge, Mr. Sheil; also George Smith, Assistant Fire Chief and former Acting Chief; also the new Chief James Goddette, were in attendance. Chairman Farrar thanked Mr. Smith for the fine work he did for the City in serving as Acting Chief, and commented on the fine spirit of both the paid men and the volunteers. Mr. Flaherty told the Board it could make of the Board just what it wanted to make. It is to be a grievance board, a kind of safety valve so by the time Council gets a problem it will not be a full-blown incident. The Board is to meet a minimum of once a month; more often if it so wishes. Any member of the Fire Department can attend and tell what their problems are. Also at Budget time the Department may want the Board to speak for them. Chairman Farrar said that looking at it in a positive way the Board can help the community in the area of fire service by working with the volunteers, the Chief and the Assistant Chief, and to plan for future needs, what the community will need in the next few years. He said South Burlington has had to deal with problems in five years that other communities have had a much longer period to learn to deal with. South Burlington has a unique set of problems and must find a unique set of solutions. Council does not have the time to work out all the details for any one of the City Departments; it has boards and commissions which are of great help. The Fire Department Advisory Board will not have an easy task but it is one where they can really help the Council. Mrs. Neubert asked the Board to let Council know whether this was set up in a way that will work or not. Mr. Farrar said the question was how best to use the resources the City has. There is a limited amount of money to use and some ways will be better than others. He suggested thinking about alternatives such as the ratio of paid firemen to volunteer firemen. He said it will take time; it will take work. The City Manager suggested setting up a date for the initial meeting. Chairman Farrar stated the City Manager should know in advance so he can post a notice 24 hours in advance of a meeting. Consideration of the Planning Commission's May 18, 1976, motion regarding the Williston Road Task Force's report on the Dorset Street-Williston Road Intersection Mr. Szymanski said Martin Paulsen had explained the report to him although he had not received the final draft. There is much more to the report than what was distributed to Council. Mrs. Neubert commented they had done a very good job and that she had participated much less than she usually does. Mr. Szymanski said the Task Force felt some of the report could be implemented, but it is going to cost money, money the City doesn't have now. Also other necessary steps would be to go through the State Highway Board and the Federal department. Chairman Farrar asked the City Manager to look the report over and come in to Council with suggestions as to how this could be implemented. He felt, himself, that it looked reasonable. Mr. Szymanski said there was a little land to be taken. He felt the Planning Commission should review the whole thing and then he would present it to the Highway Department as a whole package. Mr. Flaherty moved that Council refer the Planning Commission's recommendation on the Williston Read Task Force report to the City Manager and City Engineer. Mr. Szymanski, for his comments, and he is to come back to Council with his comments. Seconded by Mrs. Neubert. Mr. Armstrong said during the discussion at the meeting of the Planning Commission it was felt the sidewalk in front of Howard Johnson's should be continued; also that some provision be made for pedestrian traffic to cross at the intersection, perhaps by means of a pedestrian button. Mrs. Neubert said that was not the place for a pedestrian button. She recommended signs prohibiting any pedestrian crossing. The motion by Mr. Flaherty was voted unanimously for approval. Mr. Paulsen said their report was submitted to the Planning Commission on April 13th. The Task Force is now scheduled to return to the Planning Commission on June 22nd at which time they will present larger maps. Appointment to the Southern Connector Task Force It was felt that Mrs. Neubert who had volunteered to serve could be a positive contributor. She had previously served on the Shelburne Road (Route 7) Task Force. Mr. Flaherty moved that Council appoint Mrs. Neubert to the Southern Connector Task Force. Seconded by Mr. Armstrong and voted unanimously. Discussion of House Rules for the Fire Department Mrs. Neubert asked why Council should review the House Rules. Mr. Szymanski replied they have to be reviewed by Council before they can be adopted. The draft submitted was prepared by George Smith and the officers of his department. Mr. Smith said by doing it this way the rules can be enforced. The Chief should have the authority to enforce them; he should have the authority to enforce them within the Firehouse but as past experience showed he did not have the authority to enforce them. That is the reason why they want to have them approved by Council. Mrs. Neubert said if these rules are what they want and what they need, then Council does not have to review them. Mr. Farrar said he personally would like to at least read them through. Mrs. Neubert asked if Council does that for all other departments. The Chairman said there are many rules which apply to fire departments that do not apply to other departments so that Council has to take action in different ways than it does for other departments such as police or highway. There have been specific laws passed to govern the operation of fire departments because so many communities have volunteer fire departments. Mr. Flaherty moved that the Fire Department House Rules be placed on the next agenda, the second meeting in June, for review and possible adoption by the Council. Seconded by Mrs. Neubert. Mrs. Neubert asked what happens if Council doesn't like the rules. Mr. Farrar said it is not a by-law, and Mr. Goddette said it was only a base they started, with the understanding that they would need additional rules. Mr. Neubert commented she felt very strange voting on their rules, but the City Manager said Council has to because of State rules. She asked again what happens if Council doesn't like what they put in there. Chief Goddette said they would try to explain it. The motion was voted unanimously for approval. Meet as Liquor Control Board Mr. Flaherty moved that Council meet as the Liquor Control Board to consider the application of Southcrest, Inc. for a liquor license for the business presently operated as Solomon's Variety Store at 1160 Williston Road. Seconded by Mrs. Neubert. Voted unanimously. The City Manager explained Solomon's Variety Store is changing its name, this would be a transfer of a second class license. Chief Carter has reviewed the application and has no objections. Mrs. Neubert moved that Council sign the application, as Liquor Control Board, presented by Southcrest, Inc. for the business presently operated as Solomon's Variety Store at 1160 Williston Road. Seconded by Mr. Flaherty and voted unanimously. Request for Executive Session Mrs. Neubert moved that Council hold an Executive Session to discuss personnel. Seconded by Mr. Armstrong. Mr. Flaherty objected to discussing Fire Department personnel because the Fire Department Advisory Board will be meeting; this discussion should wait. Mr. Farrar said he had no knowledge of what the topic was to be, but the motion was in order. The motion was voted unanimously. The City Manager stated the item had been placed on the Agenda because Mrs. Neubert had asked for it. Mr. Flaherty moved that the Council meeting be adjourned and that Council convene in Executive Session and that following the Executive Session Council take no further action. Seconded by Mrs. Neubert and voted unanimously. The regular meeting was adjourned at 10:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.