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HomeMy WebLinkAboutMinutes - City Council - 06/06/1978CITY COUNCIL MEETING JUNE 6, 1978 The South Burlington City Council held a regular meeting on Tuesday, June 6, 1978 at 8:00 P.M. in the Assessor's Office, City Hall, 1175 Williston Road, South Burlington, Vermont Members Present Chairman Paul Farrar, Michael Flaherty, Martin Paulsen, William Burgess and Kenneth Jarvis Others Present City Manager William Szymanski, Albert Audette, Robert Lang, Richard Gucciardi, G. E. Killen, N. J. Crouchley, A. L. Carpenter, Susan J. Macomber, Carl H. Lisman, Mervin Brown, George Neal, Kay Neubert and Free Press Reporter Carl Blumbong Chairman Farrar called the meeting to order at 8:00 P.M. Additions to the agenda The following additions were added to the agenda: 1. Discussion on condition of Hinesburg Road 2. Discussion on the worm problem Chairman Farrar suggested that item 3 on the agenda be taken up first, and the Council was in agreement. Glenwood Development - Requested by Bob Lang Mr. Lang said he was speaking for other residents of Laurel Hill South as well as himself, saying the meeting brought back memories of 1972 when the Ceder Glen Development was proposed. At that time the residents were concerned about the adequacy of the sewer system and made a presentation to the Planning Commission on July 11, 1972. They left that meeting with the feeling that the sewer problems would all be taken care of. However, he said, with the new developer coming in the residents researched the records and found several things to question, as follows: There were changes to agreements made in 1972. They could not find documentation of the capacity of the sewer system. They could not find documentation of corrections to the system. A memo from R. Ward to T. Boyle, dated 2/15/73, did not address the Planning Commission's findings. They could not find any plans as to what is in the Potter ground. Chairman Farrar explained that wisely or not, the Planning Commission had specified that the utilities would be privately owned and it was not a requirement that we be furnished with as-built sewer plans. Mr. Lang said that their concern tonight is that after 6 years we are all a little wiser, and wondered where the City Manager, the Council and Planning Commission fit in, what controls they have on what was being proposed by another developer. Chairman Farrar said that the present owner has a valid approval to build the development as originally planned. Mr. Farrar said the Planning Commission is now hearing an application for modification to the pleas. Going to the Planning Commission to continue with the different phases was not included as a restriction in the approval. The present applicant is asking to make changes of substance in the layout. We can ask for certain things, hut the developer has the right to build the development as planned. Mr. Leng then referred to a meeting of April 21, 1977 and Mr. Farrar explained that the meeting was an Act 250 hearing held in Essex Junction. The Environmental Board had to give a new permit. The hearing was concerned only with specific matters pertaining to Act 250. Mr. Lang said they had met with the state people and could only conclude that there was a lot to be desired in the handling of the project from 1972 to now. He said their concern was that the future development be done in a businesslike way. Mr. Farrar said our present procedures are different. We only issue permits for single structures, there are no blanket permits such as were issued previously. Development approvals now have a time limit. Mr. Lang asked bout completion limits. Mr. Farrar said that by state law there is no real dead-line for completion, that the city's sub-division approvals are for two years with review required in 2 years. Mr. Lang; said he had one more item, that a memo from Mr. Szymanski to the Planning Commission refers to as-built drawings. He felt it should read final as- built drawings. Mr. Szymanski said he wasn't aware that this was so. Mr. Lang said he understood that the sewer system could be diverted into the Laurel Hill section but that it would require Phase 2 approval. Mr. Farrar said if the Planning Commission approves the plan and the developer wants to modify it he would have to go back to the Planning Commission for approval. Mr. Lang asked if the Council felt it was wise to do a 50 acre plot piecemeal. Paul said the whole development was considered generally and the separate phases were given attention. He felt the Planning Commission had more control over modifications requested if the work is done in phases. Mr. Richard Gucciardi noted that Chairman Farrar said a new builder has valid approval to continue the first phase as approved and Mr. Farrar said yes. Mr. Gucciardi asked if the building permits are transferable, if the second developer could follow along, and Mr. Farrar said yes, but the city could require corrections as to set-backs, etc. Mr. Gucciardi referred to the Council Minutes of February 1973 which state, in part, that there would be sewer corrections made on Imperial Drive and Shelburne Road and that final plans would be submitted to the City Maesgen. The question is, Mr. Gucciardi said, how can we let a second developer so ahead when there are no plans to do the work, we don't know when it will be done, or who will do it. He do not yet know what is in the ground. He noted that there is still a house in the field that is on a septic tank. How can a second developer go in and continue where the first one left off when we don't know what we have. Chairman Farrar said these concerns should be addressed to the Planning Commission. The Planning Commission can negotiate with the builder to have the work done correctly. The builder has agreed to provide data to determine the up-dated location of the main sewer and water lines and present as-built drawings. The developer will pay for the studies on the capacity of the sewers in Laurel Hill South and for the improvements to the sewer. The work must be completed before the occupancy of the dwellings. In Phase 2 the developer has agreed that the streets should be city streets. We have taken reasonable legal steps to solve the problems. Mr. Farrar said the Planning Commission has the right to ask for reasonable improvements. There was further discussion on the condition of manholes and the use of the Laurel Hill sewer system. Mr. Farrar said the developer is willing to test the systems and to come back in and ask for modifications. He has agreed to pay for any improvements. Mr. Gucciardi asked about egress and exit, would there be another road. Mr. Flaherty explained that the city now owns the adjacent property and it is in the deed that there will be no road. Mr. Gucciardi wondered who would pay for corrections to the Phase 1 problem. Mr. Farrar said it is a private matter between the buyer and seller. In reply to questions from an unidentified person Mr. Farrar noted that the city has bonding requirements for completing work on public facilities. The Planning Commission at the time of the first phase did not insist that the lines be public. Mr. Gucciardi said all the permits should have documented by a professional engineer and reported to the State environmental Board. Mr. Farrar said it is not the responsibility of the city to check on the state's permits. Mr. Lang said he felt a city this size should know what type of sewer system goes in the ground. Mr. Farrar said the Planning Commission has the right to write the regulations. They can decide if sewers are to be private or public. There was a short discussion on prohibiting private roads and facilities Mr. Gucciardi asked if building permits could be transferred to a second party and Mr. Farrar said yes. After thanking the Council for this opportunity to meet with them the residents of the Glenwood Development area left the meeting. Councilman Burgess said he felt the Council should make a strong recommendation to the Planning Commission along with Mr. Szymanski's Memorandun of 6-6-78. Mr. Burgess made a motion that the Planning Commission incorporate in its approval the recommendations made in Mr. Szvmanski's memorandum of June 6, 1978. Mr. Flaherty seconded the motion. During discussion on the motion Mr. Paulsen made the following amendment: On Page 2, item 2A of Mr. Szymanski's memorandum be amended to read as follows: It is not feasible, and a loop connection shall not be made between the Glenwood water main and the Laurel Hill water main. Mr. Burgess and Mr. Flaherty both agreed to the amendment to their motion which then passed unanimously. Reading of the Minutes of the Meetings of May 15, 17, and 25, 1978. Councilman Paulsen requested that it be noted in these minutes that although the May 17 minutes of the Organizational Meeting are correct as presented, the oaths of office administered on that date were not legal because of a technicality. The oaths have since been administered in a legal manner. Mr. Flaherty made a motion to approve the minutes of the meetings of May 15, 17, and 25, 1978 as presented. Mr. Paulsen seconded the motion which passed unanimously. Sign Disbursement Orders The disbursement orders were signed. Landfill Car Damage Claim City Manager Szymanski reported that Mrs. Susan Macomber, who was present at the meeting, had gone to the city landfill area, got her car stuck on a stump, and when the equipment operator pulled her out her car sustained $91.92 worth of damage. Our insurance company does not cover this, and Mrs. Macomber is looking for reimbursement. Mr. Flaherty made a motion to authorize the City Manager to pay Mrs. Macomber for the damage to her car that was incurred at our landfill area. The motion was seconded by Mr. Burgess and passed unanimously. Sign Resolution of Commendation for Dr. Armstrong City Manager Szymanski read the resolution in full. Mr. Paulsen made a motion to sign the resolution. The motion was seconded by Mr. Flaherty and passed unanimously. Sign Fire Department Certificate of Promotion City Manager Szymanski read a certificate promoting Donald McKenzie from a Lieutenant to Captain as of July 1, 1978. Mr. Paulsen made a motion to authorize the City Manager and City Council Chairman to sign the certificate. The motion was seconded by Mr. Flaherty and passed unanimously. Consider Making Appointments to Committees and Boards Kay Neubert was present and requested that the Council consider appointing her to the Board of Directors of the O.E.O. (Office of Economic Opportunity). She explained that the appointment would not affect South Burlington affairs, she said the Board of Directors works in the area with the CETA, Head Start and Alcohol Referral Agencies among others. Mr. Flaherty made a motion to appoint Mrs. Neubert to the Beard of Directors of the O.E.O. The motion was seconded by Mr. Burgess and passed unanimously. Chairman Farrar noted that the terms of office for the two Zoning Board appointments should be one for 3 years and one for 4 years, also that the Regional Planning Commission terms expire in 1980 and not in 1981. Mrs. Neubert expressed her interest in an appointment as alternate to the Regional Planning Commission and also as a member of the Chittenden County Correctional Center Liaison Committee. Chairman Farrar suggested that Dr. Armstrong and Mr. Dinklage be contacted to see if they would be interested in serving on the City Charter Committee. Councilman Jarvis said he would like to have Mr. Wessel and Mr. Morency of the Planning Commission come before the Council since he was not familiar with them. City Manager Szymanski spoke of persons he felt would be interested in serving the city and mentioned Bob Watson. He said he would get copies of resumes of those interested for the council. It was agreed to meet at 7:30 P.M., June 19, 1978 in order to take care of some of the interviews. Set City and School Tax Rate Mr. Flaherty made a motion to set the city and school tax rates as follows: School operating budget 2,514 School debt service ,240 City operating budget ,788 City debt service ,145 3,687 Total Mr. Jarvis seconded the motion which passed unanimously. Sign Renewal Notes Mr. Burgess made a motion to sign the following renewal notes: Sewer Construction $100,000 Sewer Construction 250,000 Welfare note 3,300 Red Rocks 20,000 Red Rocks 2,350 Transit Authority 4,700 Front End Loader $14,500 Truck 22,000 Landfill Machine 15,000 Phase IV 22,000 Phase V 45,000 Phase V 80,000 Mr. Jarvis seconded the motion which passed unanimously. Country Club Estates Sewers, also Airport Parkway Treatment Plant, Contributions Referring to Mr. Szymanski's memorandum of June 2, 1978 (Connections to South Burlington Airport Parkway Treatment Plant) Mr. Paulsen requested that Mr. Szymanski get the following information: How many square feet in the commercial buildings How many seats in the restaurants How many units in the motels What is the population of the student body and staff in the schools Mr. Paulsen wondered what could be done about a sewer system in Country Club Estates since the Agency of Environmental Conservation in its letter of May 12, 1978 read in part "we are unable to justify an award of Federal and State funds to provide a sewage collection system to serve the Country Club Estates ares." Chairman Farrar said we could appeal or build and pay for it. There was no further discussion. Review Planning and Zoning Agendas There were no comments on the Planning and Zoning agendas. Sign Federal Repaying Agreement City Manager Szymanski read parts of the agreement, noting that it calls for "No Parking" on Dorset, Swift and Spear Streets and Holmes Road. Mr. Paulsen made a motion to authorize the City Manager to sign the agreement. The motion was seconded by Mr. Flaherty and passed unanimously. Item No. 15 (Accept New Road off Hinesburg Road) was postponed. Worm Problem Mr. Flaherty said he had received many calls from citizens asking what could be done about the worm infestation in the city. Sonny Audette said he had been to a meeting on this with the state people and the thinking is that county-wide spraying should be done next spring since it is not feasible to do one community alone. Federal funds should be applied for and public hearings held. Mr. Flaherty made a motion that the City Manager contact the Regional Planning Commission urging the Commission to follow up on the proposal to have county wide spraying for the gypsy moth. The motion was seconded by Mr. Jarvis and passed unanimously. Hinesburg Road Mr. Audette said that Mr. Wood, Vermont State Highway District Engineer, is now taking test cores and boring at the trouble spot. The department plana to do a make-shift (band-aid) repair job now and the road should be passable week-end after the week-end coming. Mr. Audette described what is under the road and said the complete job would be a major operation and time-consuming. Mr. Jarvis said that Mary Barbara Maher had even contacted the Governor's office on this, that there have been many complaints. Mr. Flaherty made a motion to adjourn the regular session and meet as the Liquor Control Board. Mr. Jarvis seconded the motion whish passed unanimously. LIQUOR CONTROL BOARD Chairman Farrar requested that in the future all liquor license applications be sent to the Fire Chief for his recommendations as well as to the Police Chief. Mr. Paulsen made a motion to sign the liquor license application for the Lakeside Tennis Club. The motion was seconded by Mr. Jarvis and passed unanimously. At 10 P.M. Mr. Paulsen made a motion to adjourn the Liquor Control Board meeting and reconvene the regular session to go into Executive Session to consider the Highway Department Union Contract, and then to adjourn the Executive Session and reconvene the regular session for the purpose of adjourning. Mr. Burgess seconded the motion which passed unanimously. Approved Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.