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Minutes - City Council - 11/15/1976
CITY COUNCIL NOVEMBER 15, 1976 The South Burlington City Council held a regular meeting on Monday, November 15, 1976, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Paul Farrar, Chairman; Frank Armstrong, John Dinklage, Michael Flaherty, Catherine Neubert MEMBERS ABSENT None OTHERS PRESENT William Szymanski, City Manager; Cynthia Rubin, John Dillon, Wendell Worth, Dave Smith, Pete Gadue, Robbie Yandow The meeting was opened at 8:05 p.m. by Chairman Farrar. Additions to the Agenda Discussion on activities of the Airport Task Force, requested by Mr. Armstrong. Discussion on appointing one or more members to Planning Commission subcommittees, requested by the Chairman. Additional request for a liquor license from Liquor Control Board. Reading of Minutes of November 1, 1976 It was moved by Mr. Flaherty, seconded by Mr. Dinklage and voted by four affirmative votes to accept the Minutes of November 1, 1976, as presented. Mrs. Neubert abstained because she was not present on November 1st. Sign disbursement orders It was noted that the disbursement orders were ready for signatures. Sign Police Department Union Contract Members of Council had received copies of the Police Department Union contract prior to the meeting and had a number of questions to ask. Chairman Farrar questioned the deletion of Section 1 on page 4 under Article X. and it was explained by Mr. Yandow that although it had been left in the previous contract it was felt it should be deleted altogether. It was noted the date of July 1, 1972, should be changed to July 1, 1976, under Section 1. Clarification was asked for Section 4, Article III. David Smith explained there would not be more than three members of their bargaining unit there; he didn't think they had ever pulled more than one member off from a shift; they tried to make sure the other members were off shift. Mr. Dinklage suggested a schedule for bargaining could be arranged with the concurrence of the Chief so as not to take three people off duty. Mrs. Neubert questioned Section 6 under Article IX, saying it looked different. She was assured it was just what Council had agreed on. Mrs. Neubert asked what determines when compensatory time can be taken. Mr. Yandow said in most cases compensatory time is planned ahead of time to be sure there would be adequate manpower, and Mr. Szymanski added that there is really very little compensatory time; most of it is paid. Mrs. Neubert felt they have the option to take it; it is when they take it, not the fact they can get it. Mr. Worth said it would have to have the final approval of the Chief. Holidays under Section 1 of Article XI was questioned as to whether or not this was the same number of holidays given to other City employees. The City Manager said it was the same number, with the difference being they get Town Meeting Day rather than Friday after Thanksgiving. Mr. Dinklage questioned Section 4 under Article XI. This was also questioned by Mrs. Neubert. Mr. Yandow said this section had not been changed and the purpose is not to penalize the person who is sick. The City Manager said the police actually work right through those holidays; they don't get them off. Under Section 1. Article XVIII, Mr. Dinklage asked where the Chief fitted into the sequence of events. Chairman Farrar said the grievance is usually between the City and the organization. Mr. Dinklage wondered if the next step was quite clear, that it would be to talk with the Chief before going to the City Manager. Mr. Armstrong asked about the 3 days allowed under Section 3 of Article XVI, and was told it was not necessarily limited to 3 days in one year. He then asked about "management" under Section 2, whether it referred to the City Manager or the Chief. Mr. Yandow replied it would be a combination of both. Mrs. Neubert commented there was no clause in the contract regarding termination, that usually such a clause covered vacation and sick leave at termination. Mr. Dinklage said he was questioning the Article on Insurance on page 11, because he was not sure what insurance is in effect for other City employees. Mr. Szymanski said it was the same for other employees. Under Section 2 of Article XIX, Council felt that under Item a, the word premium should be inserted, the entire premium cost. Under Article XX it was noted the year had not been filled in. This should be July 1, 1972. Under Article XXI, Section 9, Mr. Dinklage asked what non-police duties the officers had been asked to do which had caused the problem, other than the delivering of the agendas. He felt there were occasionally things in the City that needed doing, such as locking the gate at Red Rocks at night. Mr. Worth said that particular duty would be easy; they could lock the gate at a specified time. Mrs. Neubert asked if they made a regular stop down there in patrolling. Mr. Worth said a patrol is in that area several times a night. Regarding the contract, Mrs. Neubert said she would like to have a covering letter from the Chief that he has no problems with this contract. The City Manager replied that all the changes made in the contract have been approved by the Chief. Mr. Flaherty moved that Council authorize the City Manager to sign the Police Department Union contract, including the changes made. Seconded by Mr. Armstrong and voted unanimously. Meet with Mr. Wessel to discuss Planning Commission priorities Chairman Wessel began by saying the Planning Commission must find some mechanism for getting things done; the priorities of the Planning Commission and of the City are not getting done. The South Burlington Planning Commission meets more frequently and has more agenda items than anyone else. The work load is up, the dollar volume is up, and it is no longer a seasonal work load. Chairman Wessel then reviewed the list of Planning Priorities for 1977 as presented in his memorandum of October 28, 1976, copies of which had been given to the Council members. Mrs. Neubert expressed appreciation for the list, saying that every year the Planning Commission sets priorities and then reaches a point of not having done the things that were recommended in the Comprehensive Plan. She said it was not anyone's fault but perhaps Mr. Wessel as Chairman does have that responsibility of making the Commission accomplish these things. Mr. Wessel said it was the fault of the way they were organized, not the fault of the members of the Commission. #1 — Committee to review the Transportation Plan Mr. Wessel recommended the work done by the Williston Road Task Force should also be done for other parts of the City. Mrs. Neubert said she had wanted to keep that as a standing committee but no one wanted it. #2 — Update Recreation Plan Mr. Wessel said there was a question of public vs. private recreation; also more intensive development was needed for the recreation areas the City now has. Mrs. Neubert asked if he had compared #2 with the Comprehensive Plan which has a provision for a permanent recreation committee. #3 — Historic Sites Mr. Wessel said information is needed and he was concerned about zoning these buildings out of existence. Mrs. Neubert said some of the homes were put on the State Register of Historic Sites without the owners being informed and she felt that was not right. #4 — Mobile Homes Stephen Page is to check on needed zoning changes, if any. #5 — Procedures, ByLaws, Checklists These were adopted at the last meeting of the Planning Commission and are placing more responsibility on the staff than on the Planning Commission. Mr. Wessel said no report from the City Attorney on these procedures has been received as yet. #6 — Official Map Mr. Wessel said the question of the value of an Official Map needs to be explored. Mrs. Neubert said Fred Mitchell, former City Planner, had been strongly opposed to it. Mr. Dinklage said it would be a culmination of site plans and procedures and he felt we owed it to ourselves to get it on the map. Mrs. Neubert said it could be done on a different kind of map and be adopted as a transportation map. Mr. Dinklage said it doesn't have the same force. Mrs. Neubert said the official map is arbitrary, once it is adopted, and Mr. Dinklage explained it could be changed by Council with a public hearing like zoning is changed. Mr. Wessel said it would mean asking ourselves more pointed questions than is being done now; it would give the City the right of first refusal when a piece of land is developed. Mr. Dinklage said it would insure things wouldn't happen without our knowledge. #7 — Fast Foods Mr. Wessel said other categories were added to Fast Foods and they were looking at zoning restrictions for these. Mr. Flaherty said this could be very discriminatory and the Commission could be locked into it. Mrs. Neubert said she would like to work with the Planning Commission on this. #8 — Regional Plan Mr. Wessel said it was necessary to straighten out how the Planning Commission relates to the Regional Planning Commission in using their services. They need Bruce Houghton very badly but he is not supposed to come and advise the Planning Commission because he is funded under a grant to write the Regional Transportation Plan. However, he has been helping to some extent. Chairman Farrar said Bruce Houghton has no obligation to provide a solution to a developer nor to anyone, his work is for government. Mr. Dinklage suggested some sort of reasonable fee schedule might be worked out for these services. Mr. Wessel said a full-time traffic engineer is not needed for the City but he would like to use Bruce Houghton's services adequately. Mr. Farrar explained the region needs his services; South Burlington and all the other communities need this. Mrs. Neubert asked Mr. Wessel if he felt expertise was needed or just someone who could devote time to it, and Mr. Wessel replied some expertise is needed on traffic to get a solution. Mr. Dinklage said getting an expert is really not the solution; the City has to decide what it wants to do. Making a decision on Williston Road affects tremendously the solution and no traffic expert can make those decisions for the City. It has to be made by the community. Mrs. Neubert said there is not enough physical manpower hours to provide the kind of backup work needed to make those decisions. Mr. Wessel said he was not prepared now to say what kind of help is needed; he would have a better idea in a month or two. Mrs. Neubert commented she would like to respond to all these suggestions in writing. #9 — Drainageways and Pedestrian Trails Mr. Wessel stressed the need for developing the trail system. Mr. Dinklage explained there had been some very good suggestions for trail networks but sometimes the priority is money. Regarding the dumping and filling going on in the City which Mr. Wessel considered to be a problem, he said a memorandum has been received from the City Attorney on how to get a handle on this. #10 — Impact on zoning and traffic of the Industrial Park Mr. Wessel felt it was important to have a standing committee to look at such things as what is wanted adjacent to this industrial Park, thinking about greenbelts for example. Also some added expense should be anticipated because of the additional traffic from the Industrial Park, perhaps new lights for example. #11 — Growth Policy The growth rate was discussed. Chairman Farrar said the rate had not been surpassed since it was put into effect. Mr. Dinklage suggested a quarterly update of the developments that are approved or being seriously considered and added that the new computer system would be an ideal way to keep track of these things. Mr. Flaherty referred to the vacancy rate of one-half of one percent and the demand for new dwellings in the community. #12 — Southeast Quadrant, Open Space Mr. Wessel said two developments coming will take close to 10% of the land in the southeast quadrant, and also that a PUD is needed for one on ten acres. Mr. Farrar said the Planning Commission can do that now. The question of development rights being exchanged for a reduction in taxes was also discussed as a means of preserving open space. #13 — Super Block Mr. Wessel felt there are still some good possibilities in that area. #14 — Subdivision Revisions Mr. Wessel stated this is taken care of by Mr. Page. #15 — Building Code Mr. Wessel suggested perhaps a person could be hired for this in cooperation with another community, or perhaps it could be a service provided by the City of Burlington, to be paid by South Burlington. Mrs. Neubert felt the former problems are now taken care of by the City's zoning ordinance and stricter site plan review. Mr. Flaherty said everything good has a cost to it; it is a case of establishing priorities. He suggested setting a building code. Mr. Dinklage said the building code exists — the City has to adopt it. #16 — P.U.D. Mr. Wessel said P.U.D. is needed in all areas to encourage cluster development. Mr. Farrar replied they could basically cluster in any zone now. Mr. Wessel said a P.U.D. is a very technical thing. #17 — Low Cost Housing Mr. Wessel stated there is a need for this. Mr. Flaherty said low cost housing is not a viable issue any more. Housing for low income people is necessary. #18 — School Sites Mr. Wessel suggested asking the School Department to attempt to choose a site and get a long term option on it. The land could be used for either a school site or for recreation. Chairman Farrar said an Official Map would do this at no cost. Mr. Farrar then suggested that Mr. Wessel try to find out what is done in Virginia where they charge a certain percent of the cost of a house. #19 — Tree Committee Mr. Wessel stated he did not think this was a full committee any longer and the Planning Commission needed help in this area. He was told by Council members the committee was still active. #20 — Staff Increases Mr. Wessel felt there was a need for additional help and the problem was to decide what this should be — engineer, clerical help, or what. #21 — Public Relations Mr. Wessel emphasized the need for assistance from citizens and community groups to support the above described priorities. He then referred to an elaborate chart he had drawn on the blackboard to illustrate his organization plans in relation to sub-committees to assist the Planning Commission. Some of these could be standing committees; some of them of short duration for special purposes. Mrs. Neubert offered to help Mr. Wessel in finding people to do these jobs. Mr. Dinklage suggested compiling a list of resource people and also finding a more imaginative way of making use of some of the high school students. Special short-range jobs could be done on the computer by students. Mr. Wessel said he would continue to talk to experts, to other people in other areas such as the planners in Burlington; also would talk to Fred Sargent about using grad students. He had no solutions now except to get people to work on these committees. He expected to get back to Council later with more information. Mr. Flaherty said some long range planning would have to be done to see just where the extra staffing was needed. Chairman Farrar suggested that Mr. Wessel pick out nine of these priorities, no more than nine, and after six months see what had progressed on all of those items. Trying to do all of these would get too many people involved and would not accomplish anything. Asked what he felt was the biggest problem, Mr. Szymanski said it was the time element. Mr. Dinklage felt the staff should be encouraged to be more forceful; Mr. Page and Mr. Ward ought to have full authority to say what the Planning Commission is going to look for. Mr. Farrar felt the developer has to be asked to bring in the solutions himself. If these things are done adequately when presented to the Planning Commission it would not take several meetings and lots of discussion to reach a decision. It isn't up to the City of South Burlington to prepare the applications; it is only up to the City of South Burlington to review the applications. Mrs. Neubert felt the staff is not trained in those areas. Dick Ward is extremely valuable but he doesn't have the engineering background and training, and Bill Szymanski is so busy he can't sit down with every developer. Mr. Farrar said a plan could be put on the agenda with the recommendation that it be turned down because the developer has not made a solution. Mr. Dinklage said he would like to see the staff take a more strong position. Mrs. Neubert said they don't know — so they bring it to the Planning Commission. The staff doesn't have the time or the expertise. The City Manager said traffic is the biggest problem. They can handle water, sewers, curb cuts, but traffic generating problems are a real problem. Mr. Farrar felt the mistake was that we are doing the work the developers should be doing, such as asking Bruce Houghton to make a solution. Mr. Wessel said most of their applications are incomplete and the new form is a first step to correct this. Chairman Farrar told Mr. Wessel procedures will solve the Commission's application problems but it will not solve their planning problems. Mr. Dinklage suggested to Mr. Wessel that he take back to the Planning Commission the sense of Council that it wants the Planning Commission to make better use of the staff and to relieve some of the burden by working with the applicant. Mr. Flaherty said it is impossible to find out exactly what is needed until it is learned what the problems are, Council doesn't want to hire an engineer if what is needed is someone to help Bill Szymanski. Mr. Szymanski said the work runs in cycles. He reminded Council that the Police Department and Fire Department are asking for more help, and Mr. Flaherty responded that taxpayers are asking for more relief. Mr. Dinklage suggested Mr. Szymanski could test out some solutions with temporary help, such as a file clerk for instance. Mrs. Neubert said she was very happy with the way Mr. Szymanski runs the budget but she thought he was too tight in hiring people in City Hall. Dick Ward, Steve Page, and the Planning Commission need help. Mr. Flaherty said Council has to decide where the priorities are. Mr. Armstrong felt Steve Page had become much more efficient with experience. Mr. Wessel suggested sending Steve to some training courses. Mr. Wessel then asked Council to decide which of their members would be on the committees for Transportation, Drainageways, and Zoning Amendments. Mr. Dinklage felt this should be discussed in conjunction with the other subcommittees of the Council. Chairman Farrar thanked Mr. Wessel for his presentation. Review Planning Commission and Zoning Board agendas The City Manager said he had no Zoning Board agenda. Chairman Farrar reported on the Zoning Board meeting he attended earlier that evening. The request of the Auclairs to set off a 5 acre parcel was turned down. The proposed elderly housing project was not discussed. There are problems with getting a guarantee from the Federal government for a definite period for the subsidy, and the length of time they will subsidize a vacant apartment is not clear at this time. The Chairman said he would like to have more information on this project as soon as possible. The City Manager referred to possible future plans for development coming in such as an office building, a restaurant, etc. Mr. Dinklage asked if the effect of such projects on the City's services was a valid consideration in site plan review, by the Planning Commission. Mr. Szymanski said it was, and Mr. Farrar added that Act 250 approval is also required. Discussion of Capital Budget Program Projects A list of 16 projects had been prepared by the City Manager as possible Capital Budget Programs. An addition was suggested by Chairman Farrar (#17) to increase the Industrial Road over to the Williston line. This would have to be coordinated with Williston. Mr. Dinklage suggested adding as #18 South Burlington's portion of the Southend Connector. Regarding Secondary Treatment of the Airport Parkway Sewage Plant. it was felt it was worthwhile to invest City funds in the engineering plans and drawings, just the preliminary plans, not the final plans. Regarding #8, a full interchange at 1-89 Mr. Farrar recommended sending a formal request to the State and then contact the City's representatives in the Legislature. #2, Country Club Estates Sewers, Mr. Szymanski said this was not in the original plans but he has had several requests for this. Project #5, Mr. Szymanski explained it was intended to start repaying as soon as the sewer projects were finished so only a thin layer of pavement had been put on at that time. This repaying should be done now. For #3, Williston Road Improvements at Gaynes, Mr. Szymanski explained the original plan to have a median barrier was given up and a fifth lane was proposed. The property owners had agreed to give the land when the City was ready to approve this extra lane. The City already has an agreement with the bank, the Sheraton, and with Mobil. It was recommended by Council that agreements should be secured and the project done when money becomes available. Regarding #18, Mr. Dinklage recommended asking Bruce Houghton to look into this. Mr. Szymanski said the Regional Planning Commission did the first plan for the southend connector and it was not too much different from what they are asking for now. Chairman Farrar said he had asked the School Board for their input regarding Capital Budget Programs. Mrs. Neubert brought up the question of using the Iby Street park for a ball field. Regarding #15, Fire Department Sub-station, Mr. Szymanski said he had no strong feeling on this. Regarding #6, Mr. Dinklage asked if a crossing was being considered in the middle of the block, near City Hall. Mr. Szymanski said he seldom saw people crossing there. The City Manager agreed to cost some of these items on the Capital Budget Programs list and arrange some kind of schedule for them. Airport Task Force The City Manager said he had tried twice to arrange a meeting and will try again to have a meeting on Monday. His time had been pretty well taken up with the preparation of applications for funding. Appointments to Subcommittees Mr. Flaherty moved that Council empower the Chairman to make the appointments to the subcommittees, as requested by the Chairman of the Planning Commission. Seconded by Mr. Dinklage and voted unanimously. Meet as Liquor Control Board Mr. Flaherty moved that Council adjourn its regular meeting and reconvene as the Liquor Control Board to consider an application for a second class license for Gaynes Department Store and a first class license for Papa Dominic's. Seconded by Mr. Dinklage and voted unanimously. A question was raised about a license for Gaynes possibly being a zoning violation. It was noted Gaynes is already beginning to sell some types of canned food. Asked if Papa Dominic's would be delivering liquor, Mr. Szymanski said with a first class license it would have to be consumed on the premises. He stated the Chief of Police had no objection to either one of these applications. Mr. Dinklage then moved that upon the recommendation of Chief Carter he would recommend that Council sign the application for a second class license for Gaynes Department Store. Seconded by Mrs. Neubert and voted unanimously. Mr. Flaherty moved that Council sign the application for a first class license for Papa Dominic's according to the recommendation of Chief Carter. Seconded by Mr. Dinklage and voted unanimously. Upon a motion by Mr. Dinklage, seconded by Mr. Flaherty, and voted unanimously, the meeting was declared adjourned at 11:40 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.