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HomeMy WebLinkAboutMinutes - City Council - 03/21/1977CITY COUNCIL MARCH 21, 1977 The South Burlington City Council held a regular meeting on Monday, March 21, 1977, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Paul A. Farrar, Chairman; John B. Dinklage, Frank Armstrong, Catherine M. Neubert MEMBERS ABSENT Michael D. Flaherty OTHERS PRESENT George J. Mona, James W. Goddette, Sr., Steven Bushey, David Heim, Jan Rozendaal, Joseph D. Grzyb, William J. Szymanski, City Manager The meeting was called to order by the Chairman at 8:00 p.m. Additions to the Agenda As an addition to Item 5, the Chairman stated he would report on the meeting of the Zoning Board which preceded the Council meeting tonight. Mr. Farrar requested the addition of Item 7. the request before the Environmental Board for a hearing. Also Item 8, representation from the Council to attend such a hearing. Item 9, possible land acquisition, was requested by Mrs. Neubert. Minutes of the special meetings of March 14 and March 15, 1977 It was moved by Mr. Dinklage, seconded by Mrs. Neubert, and voted unanimously to accept the Minutes of March 14, 1977, and March 15, 1977, as presented. Interview candidates for vacancy on Planning Commission The following candidates were interviewed by the Council: George J. Mona Joseph D. Grzyb Steven G. Bushey Jan Rozendaal Disbursement orders The Chairman called attention to the disbursement orders to be signed by Council members. Second reading of Ordinance to Establish and Maintain Fire Lanes Mr. Dinklage moved that Council waive the reading of this ordinance if there is no objection. Seconded by Mr. Armstrong and voted unanimously. There was no objection from anyone on the Council or in the audience to the waiving of this reading. Mr. Dinklage then moved that Council approve the second reading of the Ordinance to Establish and Maintain Fire Lanes. Seconded by Mr. Armstrong and voted unanimously. The Chairman explained this ordinance gives the Fire Chief the authority to establish a fire zone in front of public buildings or private buildings, and cars illegally parked there can be removed by the Police Department. Mr. Dinklage then moved that Council approve the Ordinance to Establish and Maintain Fire Lanes. Seconded by Mr. Armstrong and voted unanimously. Mr. Dinklage asked that a tremendous effort be made to alert citizens of this new ordinance, saying he had the situation at the high school particularly in mind. Mr. Goddette said they had no problem with students, it is the adults in the evening. The Chief said he would be going to the businesses where they had problems and ask for their cooperation, places where they had received no cooperation in the past. Review Planning Commission and Zoning Board agendas No position was taken by Council regarding either of the above agendas. Report on today's Zoning Board meeting The Chairman stated the appeal for the motel on Queen City Park Road was tabled. The applicant is to consult with members of the traffic commission regarding the traffic impact of the proposed modifications of the Pine Street Extension, The applicant is requesting a variance from the 75 foot setback required in the ordinance. Request for variance in the size of the proposed lots on Van Sicklen Road was also tabled. The Chairman said he had stated during the hearing that Council was not supporting any change but if the Zoning Board wished to take the land being offered to the City, and put it in such a way that it could not be developed in the future, the City would accept it, but it would be improper for the City to support this at the hearing. It was a decision for the Zoning Board to make. Mrs. Neubert commented she had received calls from citizens in the southeast quadrant saying they understood Council had approved this project. Review Attorney's recommendations for charter revisions and if acceptable adopt resolution for warning said amendments The drafts submitted by the City Attorney for possible amendments to the Charter were discussed. It was felt the City Clerk should be appointed by the Council because the Council does have the authority now to appoint the Treasurer. Mr. Dinklage moved that Council put to the voters the proposed change in Section 301 (3) as drafted by the City Attorney and presented to Council. Seconded by Mr. Armstrong and voted unanimously. Regarding the proposed change regarding the Zoning Board, Mr. Armstrong asked if there was any change in the Zoning Board's attitude toward this. The Chairman replied not that he was aware of. Mr. Armstrong stated he was still opposed to the expansion of the Zoning Board because the members are opposed to making it more than five, but he was not opposed to giving the citizens of South Burlington the opportunity to vote on this proposal. Mr. Dinklage moved that Council propose to the voters the change in Section 301 (a) (1) of the Charter as outlined in the memorandum from the City Attorney before Council now. Seconded by Mrs. Neubert and voted unanimously. Concerning Item 3 in the memo from the City Attorney, the Chairman explained there is a bill under way in the Legislature to abolish the old age tax and give the local communities the authority to abolish the poll tax, and he felt South Burlington could do this by a simple ballot item: The poll tax is abolished commencing with the fiscal year beginning July 1, 1978. If the State Legislature doesn't pass this, the City would still have the authority to abolish the poll tax but would be in a situation then of being liable for the $5.00 for each person eligible for the collection of the poll tax, or a total of probably $25,000. He said it was his personal preference that some different language be proposed to allow for somewhat more flexibility for Council to implement or not implement this. However, the City Attorney felt language of that type would be such that we could find ourselves in legal difficulties. The other alternative is that next year if the grand list doesn't increase to the anticipated level, we might need more taxing authority. He said he felt the probability was very low that the City would find itself in a situation where this would, place a financial situation where the City would not be able to raise the same amount of money. The reduction of the poll tax decreases the grand list by $5,000. His personal feeling that Council was taking a low risk in putting it to the voters, but it was taking a small risk, but he really felt these were academic questions. Mr. Dinklage felt the worst possibility would be that Council would have to go to the voters, not to increase the budget but to increase the tax rate. He wondered if Council had the option of not eliminating the poll tax but just not collecting, and paying the bill out of the general revenue. Mr. Farrar summarized the risk: 1) if the bill is not passed by the Legislature or signed by the Governor, the City would have a $25,000 bill owing to the State; 2) a reduction in revenues to the City which adds up to $35,000; 3) the percentage of taxes not collected but for which the City is liable. Asked by Mr. Armstrong if this could be put off until next year, the Chairman explained next year will be the year when the grand list will increase the most and allow for this to be absorbed the easiest. That is why he had asked for more leeway in the language and Mr. Spokes thought it was incorrect. Mr. Farrar said he had also discussed this with the Superintendent of Schools. The Chairman's recommendation was to take the risk and go ahead, because if it is postponed, the City may not have the revenue to cover it. He said the bill has passed the House by an overwhelming majority and is now in the Senate. Council does have the option of delaying action until Thursday evening and going back and working on the City Attorney to get some more language. Mr. Armstrong asked if Council could pass this provisionally. Mr. Farrar said No, he didn't think so, but it might have the option after the public hearing of recalling this article. Mr. Armstrong said he would favor recalling this at the last minute if the Governor hasn't signed it. The Chairman said Thursday is the last day anything can be done on any proposed amendments. Mr. Dinklage moved that Council amend Section 1502 by adding the sentence; The poll tax is abolished commencing with the fiscal year beginning July 1, 1978" and deleting the following language which is presently in Section 1502: "All poll taxes shall be due and payable on August 15 each year." Seconded by Mrs. Neubert. Council members felt there was no reason to include the deletion of the present language in the motion. This change in the motion was accepted by Mr. Dinklage and Mrs. Neubert, Motion voted unanimously for approval. Mr. Dinklage then moved that Council authorize the Chairman to call a special meeting on Thursday at 7:00 p.m. provided there is information from the City Attorney to make such a meeting necessary. Seconded by Mrs. Neubert and voted unanimously. Mr. Dinklage then moved that Council schedule a public hearing on April 25, 1977, at 7:30 p.m. in the Conference Room at City Hall, to consider the proposals for amendment to the City Charter. Seconded by Mr. Armstrong and voted unanimously. Request to the Environmental Commission for a hearing The Chairman reported that, acting on the authority given to him by the Council, he and the City Manager did request a hearing in front of the Environmental Commission on the so-called Potter development. Representatives from Council to attend the Environmental Commission hearing Mr. Farrar requested that Council empower the Chairman or his representative to represent the City at the above noted hearing; also at the same Commission to represent the City regarding the proposed 76 apartment units on Spear Street. This hearing is to be held on March 30th, no date set for the other. Mr. Dinklage moved that Council empower the Chair to appoint representatives to attend these hearings. Seconded by Mrs. Neubert and voted unanimously. Mr. Farrar stated the Act 250 is clear in its language regarding conformance to the master plan of a community, so there is no doubt that the City has the right to discuss the entire situation. Mrs. Neubert agreed it was very important that Council be represented at the Environmental hearings. Possible acquisition of land Mrs. Neubert said she had been approached and Mr. Schuele had been approached by a person who would like to give some land to the City which is adjacent to City owned property. She was told to inform the person to make a full request to Council to have this added to an agenda, and it could be discussed in private, but he has to make the request first. The meeting was declared adjourned at 9:45 p.m. upon a motion by Mr. Dinklage seconded by Mr. Armstrong, and voted unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.