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HomeMy WebLinkAboutMinutes - City Council - 07/21/1980CITY COUNCIL JULY 21, 1980 The South Burlington City Council held a regular meeting on Monday, July 21, 1980 at 8:00 p.m. in the Central School Gym at 1181 Williston Road. Members Present Paul Farrar, Chairman; William Burgess, Martin Paulsen, John Towne, Michael Flaherty Others Present William Szymanski, City Manager; James Lamphere, Architect; Others, see list attached. Minutes of July 14, 1980 Mr. Farrar opened the meeting and asked if there were any additions or corrections to the July 14, 1980 minutes. There being none, Mr. Burgess made the motion to accept the minutes. Mr. Paulsen seconded the motion which carried unanimously. Disbursement Orders Disbursement orders were signed. Meet with New England Telephone Company representatives to discuss placement of underground cable. Postponed Continue hearing complaints on Goldset Kennels. Mr. Farrar asked Mr. Szymanski for an update on the zoning ordinance violation regarding the trailer on the property. A variance will be warned for the first meeting in August. No one is in residence in the trailer. Mr. Szymanski's memo regarding the health question and sewage problem (is attached and made a part of these minutes) Herb Davis, from the Burlington Humane Society, asked whether the Goldset Kennel investigation was premeditated. Mr. Farrar said that the kennels were not informed, but anyone who had been at the meeting the evening before could assume that an investigation would be forthcoming. Mr. Masterson said that he and Holly Ray have been working on this for a couple of weeks, and they informed Mr. Szymanski of this problem over the phone on Tuesday before the meeting, he believed. He also informed him about the zoning problem. Mr. Szymanski said he would turn over the zoning problem. to Mr. Ward and get back to them. They didn't hear from Mr. Szymanski that day, and Mr. Masterson contacted Mr. Ward who had no knowledge of the violation. What did Mr. Szymanski have to say about that? Mr. Szymanski said that he believed it was in the afternoon that he received the call, and he informed Mr. Ward the following day. Mr. Farrar received a communication from the State Department of Agriculture who visited the Goldset Kennels on Friday, July 18. (This communication is made a part of these minutes.) Mr. Farrar also said he had received a number of letters from people stating how well the operation has been run, along with others voicing complaints. (These will also be attached to these minutes) Mr. Farrar said that the City Police and City Attorney's Offices will conduct investigations to see if there are any violations of the state rules and regulations, which are our duty to enforce. If there are any violations, they will be handled in the normal legal manner, and if there are none, there will be no action. Mr. Rene LeBerge asked if Goldset was reimbursed from the city for disposed dogs. Chairman Farrar said "no." Mr. LeBerge then asked if Mr. Tate was selling dogs that were supposed to be disposed of. Mr. Farrar said we are just here to gather information on citizen's complaints. Mr. Morris Goddette, Burlington Landfill operator, stated that he can varify the number of dogs brought there, he digs the hole to bury them. Dennis Hartley asked if Mr. Tate would come forward to answer last week's questions. Mr. Farrar said he had received a report from Mr. Tale's lawyer, Ron Schmucker. Mr. Schmucker said, on behalf of Mr. Tate, he had worked at length all week getting factual statements instead of allegations. Mr. Schmucker said that he would like to enter the report into the minutes. A copy will be given to the Council, Free Press, and another to Holly Ray. The copy in City Hall is to be kept as a matter of public record. One will also be given to the proper authorities who may want to look at it. Ron Schmucker introduced Dr. Peggy Larson's signed statement, which he read, and which is part of the report. Mr. Masterson, in rebuttal, questioned the effects of T-61. Ms. Holly Ray read a telephone conversation on July 18, 1980 with Dr. Larson, a copy of which is made available. A statement by Cheryl Allen, a previous employee of Goldset, was read by Ms. Ray. (The statement is made part of these minutes) Debbie Viens worked for Goldset Kennels also and made a statement regarding the breeding of Mr. Tate's dog with another dog that had not been completely checked. Mr. Morris Goddette stated that his coon-hound dog had been picked up. Previously, a question had been asked from a spectator on Mr. Masterson's interest in this matter. Mr. Farrar restated the question to Mr. Masterso. Mr. Masterson replied that his position is that he is a breeder of Bouvier Deflanders (a breed of dogs) His home is in Richmond, and he has a kennel license. He has no intention of becoming a dog catcher. He is concerned. Mr. Masterson will have Ms. Ray present the Council with signed statements from people. Mr. Masterson is suggesting that the communities pool their resources, hire four or five municipal employees, buy a van, and let the communities have employees who would be paid a wage. Sally Wiggins, Goldset Kennel customer and an owner of a Bouvier stated that she has been to the kennel on numerous occasions and found nothing wrong and she verified Dr. Larson's statement that the dogs are not afraid of Mr. Tate. Mr. Masterson stated that he and Mr. Tate were competitors in a private enterprise, breeding Bouviers, but this did not make them enemies, and they have worked together numerous times. Mr. Burgess asked Mr. Masterson if he was in fact a car dealer and only here as a concerned citizen, as stated last week. Mr. Masterson answered "yes." Allen Simino stated that Mr. Masterson, at one time, had offered him a mixed breed, stating if he didn't want a puppy they would be put to death. When Mr. Simino said he wanted one, he was asked for $75.00. When he didn't take one, they were all destroyed. "This doesn't sound like such an animal love." Mr. Farrar asked for specific information. Holly Ray read statements which are attached to these minutes. Mr. Farrar said that anything that happened in Burlington would have to be taken up by Burlington. A letter from Maureen O'Brien, a South Burlington resident, was read and is on file. Robert Shaman is a satisfied customer of Goldset. Linda LaBerge was threatened when she went to get her dog who had been picked up by Goldset Kennels. Ray Cloutier is a Williston resident but felt that his information was pertinent. A person came on his land without identifying themselves. After calling the Humane Society in Burlington, they thought it might have been someone from Goldset Kennels. Charles Potter, previously worked for Ira Tate, in July and August of 1979. He said it was not unusual to go on peoples land to pick up an animal that has been reported by a neighbor as running loose. Mr. Farrar asked Mr. Potter if he identified himself when he went on peoples land. He replied in the affirmative. Sandra Biggans worked for Goldset and thought the Kennels were well run. Diane Tinkle of Burlington went to Mr. Tate's obedience classes. She has a dog who isn't friendly when around other dogs. A shock collar was put on the dog. Threats to her and her dog, such as "get out of class if you can't control your dog" were made to her. Mr. Farrar said that unless information is valuable to the Council, such as charges in investigating procedures, it should not be presented at this time. (Susan Haggarty's letter is on file.) Dr. Larson explained that the Haggarty's dog did have an inherited disease, and if Mr. Tate had been there the dog may have been treated earlier. Wesley Pickard stated that the Board has a contract with Mr. Tate. The investigation should be finished. Susan Bishop had a dog picked up by Goldset on Saturday and she was not called until Monday. Mr. Farrar said the Council is responsible for what is in the contract but not what happens when owners take their animals to the boarding kennel. Arnold King has a doberman and goes to the kennel frequently, and also has taken his dog to Mr. Tate's obedience course. He would recommend Goldset. Mr. Flaherty then asked for discussion on Mr. Szymanski's recommendations on the sewage at Goldset. (Memo attached to these minutes) Mr. Flaherty made the motion to accept the recommendations of Mr. Szymanski. Mr. Towne seconded the motion. Martin Paulsen asked if Goldset had been made aware of this timetable and had they made any comments on it. Mr Szymanski said it has not been discussed with them at all, only with the state people. Bill Burgess had several questions on why the building had not been looked at before. The building is about 600' back and it has never been a forced issue when a building is so far off the road. Bill Burgess asked if there was anything that Goldset could do in the interim period of getting the sewer hooked on. Mr. Szymanski said some sort of clean up is possible and that he would check on the most satisfactory method. Mr. Farrar asked Mr. Schmucker to talk to the landlord who owns the building where Goldset is located and see if it could be done in the short length of time recommended. Bill Burgess asked for a temporary solution. Bill Szymanski is going to look into a surface treatment as a temporary solution. Mr. Farrar said if there was no further discussion on the motion a vote would be taken. All were in favor. Holly Ray presented all her information to the Council as evidence. Mr. Farrar said this evidence would be turned over to the City Police and the Attorney General's Office. Sarah Quinn made a statement. (Her letter is on record.) Dr. Larson said T-61 injection in the chest is permissable. Dr. Larson said that the Doberman that died had a heart ailment. She said she had the autopsy report from the University. Mr. Pickard asked Dr. Larson if T-61 was a regulated drug. Dr. Larson said T-61 is not a controlled drug. T-61 is a prescription drug. Holly Ray had a report on T-61 in a book dated 1979. (It is part of the document presented) Elsie Clark, a Burlington resident, suggested that Mr. Tate leave a suitable alternate at the kennel when he is away. Mr. Farrar said that all the information and records received this evening will be made part of the minutes, and if the allegations are found to be substantiated, the proper action will be taken through the courts, if there are violations in the procedures then the procedures will have to be straightened out. Mr. Farrar said if there was no further discussion on this item of the agenda we will close this item. Mr. Flaherty asked for a five-minute recess. All agreed. Render a decision on the construction of the new municipal building Mr. Lamphere, architect for the proposed municipal building, presented basically the same plan as presented to the council on July 14, 1980, with the addition of a pitched roof. This roof will have one small, flat area where mechanical units are to be mounted. In the conference room area, where the kitchen is located, the appliances and cabinets would have to be eliminated at this time, along with the paving of the parking lot, and some ventilation in the fire apparatus room. There would also be a decrease in the width of the gravel emergency drive and the parking lot area base thickness. Mr. Farrar asked Mr. Lamphere what the total cost of items to be eliminated would be in order to get a pitched roof. Mr. Lamphere said the cost would be $25,000.00. Mr. Farrar stated that to complete the building with a pitched roof, and not lose anything from the interior or the driveways, would cost an additional $25,000.00. It would cost an additional $105,000.00 to include the carport and firing range. This means that they would have to go to the voters for an additional $130,000.00 bond issue. Mr. Towne said that he had investigated Trocal roofing material, testing it for tensil strength, extreme temperature changes, and fire resistance. It had passed all tests. Mr. Poger said he still wants the Planning Commission recommendations adhered to. Mr. Farrar asked Jim Lamphere about the energy question, Mr. Lamphere said they would come back to the council in about two weeks on that issue. Peggy Picard asked if the Trocal for the flat section of the roof was guaranteed. She was told that there was a five-year guarantee, with an option for five additional years of insurance. There are also two bathrooms upstairs now. Martin Paulsen made the motion that the Council accept Mr. Lamphere's proposal as presented this evening. John Towne seconded the motion and it carried unanimously. Mr. Flaherty asked what furnishings and equipment the $225,000.00 would buy. Mr. Paulsen wants a breakdown for next Monday. Mr. Farrar said he had talked to the city attorney on the bond issue, a time element is involved. All the paperwork for the bond will be ready for the July 28 meeting. Mr. Farrar asked if the architect had to come back to the Planning Commission for a site plan approval. Mr. Lamphere said a letter of intent to the Council was approved, and nothing has changed that requires reapproval. Mr. Poger couldn't see any reason, if all previous recommendations are followed, to return to the Planning Commission. Mr. Lamphere said all recommendations have been honored. Mr. Farrar asked if a meeting on July 28 was acceptable to all the Council, All were agreeable. Items to appear on the agenda are (1) Clearing up details on municipal building. (2) Master Plan. Make appointment to Chittenden County Regional Planning Commission The name of Ivan Beliveau was presented to the Council as an appointee for the Chittenden County Regional Planning Commission. Mr. Szymanski said Mr. Marvin did not want reappointment. Mr. Farrar asked if there were any other names. There were none. Mr. Burgess made the motion to appoint Mr. Beliveau to the Chittenden County Regional Planning Commission. Mr. Paulsen seconded the motion. All were in favor. Mr. Flaherty asked that a letter of thanks be sent to Mr. Marvin. Mr. Farrar asked for tabled items Fire Chief Jim Goddette reported on patching engine #1, an eleven-year old truck, which would cost $6,500.00. The alternative would be to purchase a new box which would cost $28,000.00. The question is whether to do something with the existing equipment in the way of repairs or to go for new equipment. A new fire engine, completely equipped, would cost in the vacinity of $113,000.00. (Information from the Chief is attached to these minutes.) If we went for a bond issue in the spring of 1981, it would probably be the spring of 1983 before the truck could be put into use. If we fix up engine #1, causing it to be out of service for six to eight weeks, could we get a loaner from Burlington? Chief Goddette thought we could employ Burlington's spare. Mr. Farrar questioned Chief Goddette on when this should be done. Chief Goddette said they should consider the new equipment for next year. R. Ward said to look for the $6,500.00 in this year's budget to repair engine #1. Chief Goddette also spoke on holiday and overtime pay for his regular men. (A copy of which is attached to these minutes) Albert Audette asked about the adoption of the amended Personnel Rules and Regulations. Mr. Farrar said he would talk to the attorney who is working on them. Meet as Liquor Board to consider Liquor License Mr. Flaherty made a motion that the Council adjourn and meet as the Liquor Control Board. Martin Paulsen seconded the motion. All were in favor of the motion except Bill Burgess, who voted no, because he felt the tabled item on city employee grade adjustments should be taken up. Mr. Szymanski said that the Old Board (Michael's) was applying for a liquor license and entertainment permit under the name of the Boardwalk. Mr. Szymanski said that the July 15, 1980, first installment on personal property taxes had not been paid. Mr. Flaherty made a motion that the Council sign the Liquor License and Entertainment Permit when the July 15, 1980 installment of the personal property taxes are paid. Martin Paulsen seconded the motion. All were in favor of the motion. Old Business Dick Ward asked if the recommended pay grade changes for city hall employees came under old business. Mr. Burgess asked for the grade changes and the "Peddler's Ordinance" to be on the agenda for the next meeting. Signatures At 11:00 p.m. Mr. Burgess moved to adjourn the meeting at the call of the Chairman. Mr. Flaherty seconded the motion and all voted aye. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.