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HomeMy WebLinkAboutMinutes - City Council - 08/22/1983CITY COUNCIL AUGUST 22, 1983 AMENDMENT TO CITY COUNCIL MEETING OF AUGUST 22, 1983 Mr. Marvin noted that in the second vote on page 3, he had voted against the motion, making the final vote 3-2 in favor. The South Burlington City Council held a regular meeting on Monday, August 22, 1983 at 7:00 pm in the Mini-Conference and the regular Conference Room, at City Hall, 575 Dorset St. Members Present Hugh Marvin, Chairman; Paul Farrar, Michael Flaherty, Leona Lansing, William Peters Others Present William Szymanski, City Manager; David Minnich, Assistant City Manager; Richard Ward, Zoning Administrator; Sonny Audette, Street Department; Richard Spokes, City Attorney; Margaret Picard, City Clerk; Gloria Yandow, Bookkeeper; James Goddette, Fire Chief; Betty Bailey, City Hall; Don Melvin, Free Press; Pat Burgmeier, The Other Paper; Robert Hart, Cox Cable; Robert Chittenden, S.B. Representative; Vincent D'Acuti, Airport Commission; Allen Alger, Landfill Attendant; William Schuele, Will Barrett, Jane Bechtel, Gene Cenci, Greg & Paula Premo, Gordon & Pauline O'Brien, L.M. Field, Joseph Lemay, Wayne & Joan Wilson, Gary Farrell, Lowell Krassner, Frank Cota, John & P. Cameron, J. Patrick Brennan, Joseph Obuchowski, City Attorney EXECUTIVE SESSION - MINI-CONFERENCE ROOM - Discuss Sign Ordinance with City Attorney At 7:00 pm, the Council convened in the Mini-Conference Room. Mr. Farrar moved to go into executive session for the purpose of discussing pending litigation with the City Attorney. Mr. Peters seconded the motion and all voted for it. At 7:35 pm, Mr. Farrar moved to adjourn the executive session and move downstairs to reconvene the regular Council meeting. Mr. Flaherty seconded the motion and it carried unanimously. REGULAR SESSION - CONFERENCE ROOM Mr. Marvin stated that he would like to have the minutes and disbursement orders items on the agenda moved to the latter part of the meeting from now on. He felt those items should not be taken up while people are talking to the Council. Mr. Szymanski was asked to change the present practice. Meet with a representative of the business community to discuss the Sign Ordinance Mr. Szymanski explained that the ordinance, adopted in 1973, was the result of the work of a committee established on the recommendation of the Planning Commission. At that time there was a problem with variances being granted on signs. The ordinance was amended in 1978 to allow promotional signs and increase the size of wall signs. Also in 1978 an amendment by petition took place to allow amortization of signs in a period of 15 years. This was the issue decided by the court recently. In 1980 an amendment was passed to eliminate the Sign Review Board, since it was felt that the administration could handle the review process. Mr. Szymanski explained what the invalidated ordinance had allowed. He said that last Monday the court had declared the ordinance invalid as a result of the adoption procedure used by the city in 1973. The city adopted the ordinance through its Charter and the court ruled that it had not had the authority at that time to do that, although it does now. Mr. Premo said he represented the business community. He said that 10 years ago they had tried to work with the city to establish a fair and equitable ordinance. He asked whether the city planned to appeal the decision. He said the business community would sit down with the city to discuss what is fair regarding signs, and that there is a 7-page document on the subject submitted by the Lake Champlain Chamber of Commerce, which could be studied. Mr. Marvin said the Council would like to see a committee formed to discuss these issues and bring in recommendations, but in the meantime they want to present a new ordinance. They want to talk with sign owners and find out where the differences are. It was agreed that Mr. Marvin spoke for the entire Council on this subject. Mr. Peters moved that the Council meet Wednesday, August 24, at 7:00 pm to start the proceedings for readoption of the Sign Ordinance, leaving out Section 14, which was the amortization portion. Ms. Lansing seconded the motion. Mr. Farrar noted that the meeting would be to consider the first reading of the proposed ordinance, which would basically be a readoption of the present ordinance without Section 14. He said the Council had not decided on whether or not to appeal the court decision. Mr. Farrar moved to amend the motion to replace "start the proceedings" with "have the first reading of an ordinance". Ms. Lansing seconded the motion and it carried unanimously. Mr. Marvin said the city needed to have an ordinance in place, but in the meantime a committee of sign owners and city representatives will meet to discuss possible amendments to the ordinance. The committee will be appointed Wednesday. The motion as amended carried unanimously. Meet with a representative of Cable TV for a report on their future plans Mr. Hart said he wanted to come in and talk with the Council about cable service. He has done this in other area communities. He said the system was going to be rebuilt starting in February of 1984, contingent on PSB action on their rate case. This rebuild will encompass all the Cox service area in Vermont. They will upgrade to a 330 megahertz system (40 channels). It will have the capacity for 2-way interactive and data transmission. A subscriber survey was put out and the results will be available in about 1 week. A non-subscriber survey was also done and they have those preliminary results. This survey shows 79% feeling that subscribers should determine programming, which Mr. Hart felt was the most democratic way to do it. He was asked how that would be implemented and said that when new programming is available, subscribers would be asked what they wanted to see. Mr. Marvin asked what affect on the system Burlington's going to a municipal system would have and was told that if Burlington does go to a municipal system, it will not affect this system at all. Mr. Hart said he would like to know if there are any areas in the city which do not have cable now and was told of two. Sign Resolution for retiring city employee - Allan (Babe) Alger Mr. Farrar moved to sign the resolution as presented by the City Manager. Mr. Flaherty seconded the motion and all voted for it. Mr. Marvin read the resolution and presented it to Mr. Alger (copy attached). Mr. Audette noted that Mr. Alger had served the city well over the years and that the city had been fortunate to have had an employee of his caliber. Report from Airport Noise Committee Ms. Lansing read the committee report (copy attached). Mr. Farrar asked about making changes in helicopter operations to cut down on noise and was told that this could be discussed with the FAA. Mr. Brennan, a member of the committee, felt that a standing committee could improve communication and might also be able to get something done on noise abatement. Mr. D'Acuti said the 104 flights referred to in the report were only commercial flights. He said that if noise occurred at night, people should call security right then to complain. He noted that the airport had planted trees for noise abatement, although he realized that it would be years before they were very large. He added that he had a problem with people building homes around the airport when they know they will have noise problems. He felt it would be a good idea to have a standing committee and said he would be willing to be on it. Mr. D'Acuti noted that there was no penalty for employees who rev engines at night and it was suggested that they be fired. Mr. Farrar moved that the City Council make the ad-hoc committee to study airport noise a permanent standing committee with the understanding that the present members will continue to serve if they are willing and with the understanding that the representative to the Airport Commission of the City Council be added as an ex officio member of the committee. Mr. Flaherty seconded the motion. Mr. Brennan hoped the emphasis of the committee would be on the long-range view. Mr. Krassner noted that the original reason behind the concern over airport noise was the addition of F-4's and he said they had not been mentioned today at all. He felt they were the real problem. Mr. Marvin said the committee could follow through on that. Mr. Peters felt the airport was a reality and that the committee should keep that in mind and realize that they are dealing with a large, existing business. Mr. Krassner felt the National Guard and the governor should be informed that the F-4's were a larger problem than originally anticipated. The motion carried 4-1, with Mr. Peters voting no. Mr. Farrar moved that it is the express understanding of the Council that this committee has the right to explore all causes of noise at the airport and to make whatever reasonable recommendations they have for the better integration of all of the operations at the airport in such manner as to reduce the noise as low as is reasonable, considering the operations. Mr. Flaherty seconded the motion, and it passed 4-1, with Mr. Peters voting no. Mr. Brennan said the committee could get back to the Council in about 6 weeks. Review City's Year End Financial Status Mr. Minnich said that in order to balance the budget, the city has to stay within the limitations of the appropriations. There are two areas which need more money in order to balance the budget. Expenditures and revenues for the year are all right. Last year, to balance the budget, some money was taken out of Open Spaces. Then the difference was added to this year just ended's budget, so there would be a total of $18,000. Now another $14,000 has to be added, plus $1,000 for City Hall utilities. He passed out a memo dated 8/22/83 (copy attached) which showed 4 areas with extra money which can be used for this. He added that they needed to add some money for police salaries. Mr. Farrar moved that in accordance with the City Charter, the City Council authorize the City Manager to transfer from the 1982-83 budget $15,000 from the following sources: $10,300 from the fire department equipment and salaries, $4,000 from fire insurance, and $700 from fire training, for a total of $15,000 to the City Council Operating Budget, of which $14,000 will go to the Open Space account and $1,000 to the City General Fund for utilities, and to transfer $9,100 from the highway equipment operating expense fund to the police salary fund, as shown on the memo from the Assistant City Manager, dated 8/22/83. Mr. Flaherty seconded the motion. Chief Goddette was surprised that there was a $6,000 surplus in his department. Mr. Marvin felt department heads should know what funds they have left every month. The motion passed with Mr. Peters voting no. He asked about the figure in the last column of the last page of financial information given to the Board tonight and was told that was an artificial number because some revenues are not yet complete. He asked when the numbers would be complete, since the fiscal year ended on June 30 and was told that usually the numbers came in before this time, but the city is changing accounting systems right now, and that has led to some delay. Mr. Marvin felt the administration had done a good job of converting the systems. Discuss Property Transfer Tax Mr. Marvin noted that the city derived no income from the sale of homes - it all goes to the state. He wondered if the time had come for the city to ask its representatives to press for a share in the state income from the property transfer tax. Mr. Peters said there was such a bill in the legislature which had not moved for several years. Mr. Farrar did not mind looking into such an idea, but felt that if the state just raised another tax to compensate for the lost revenue, the city would not have gained much. Mr. Will Barrett asked about people selling their homes when they retired - perhaps an exemption for them should be considered. It was decided that the Council would ask the city representatives to come to a meeting and discuss this item. Minutes of August 2, 1983 On page 9, the figures should be $30,000 and $60,000. Mr. Farrar moved to approve the August 2, 1983 minutes as corrected and Mr. Flaherty seconded the motion, which carried unanimously. Sign Disbursement Orders Disbursement orders were signed. Other business Mr. Peters suggested that after the financial figures are up to date the Council have a special meeting so the board can have a better understanding of how the bookkeeping in the city works and what the responsibilities of the departments are. Ms. Lansing said she was also interested in such a meeting. Mr. Marvin suggested that Mr. Peters look further into the budget and bookkeeping. Mr. Farrar suggested that he sit down with the city administration and ask them questions. Mr. Marvin said that if Mr. Peters looked into this area and felt a full board meeting would be helpful, that could be recommended. MPO - Mr. Farrar said there would be a meeting this Friday. Mr. Szymanski said he had met with them today and that they had elected a Chairman and they had started discussing a planned work program. The Regional Planning Commission may have an important role in this, he said. Mr. Farrar requested that a couple of items be on the next agenda. He felt the Planning Commission should be instructed to look at a few specific changes to the Zoning Ordinance, and he also wanted to discuss the procedure for issuing building permits with contested approvals. Meet as Liquor Control Board to consider a one day entertainment permit for Vinny's Hot Spot Mr. Farrar moved to adjourn as the City Council and reconvene as the Liquor Control Board. Mr. Flaherty seconded the motion and all voted for it. Mr. Szymanski said this permit was for an arm wrestling contest with a monster (which is a machine) on Sunday, September 11. He said there had not been a problem with this before. Mr. Farrar moved to approve the permit as presented by the City Manager if it has the appropriate approvals, for entertainment on Sunday, September 11 between 4 pm and 11 pm. Mr. Flaherty seconded the motion, but it failed with Ms. Lansing and Messrs. Peters and Marvin voting no. Mr. Farrar then moved to adjourn as the Liquor Control Board and meet as the City Council and to go into executive session to review the status of labor negotiations with the understanding that when we come out of executive session the only thing we will do is adjourn. Mr. Flaherty seconded the motion and all voted for it. Executive session to review status of labor negotiations with City Attorney At 10:15 pm the Council came out of executive session and adjourned the meeting. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. RESOLUTION OF THE SOUTH BURLINGTON CITY COUNCIL HONORING ALLAN (BABE) ALGER WHEREAS, Mr. Allan (Babe) Alger, Landfill-Attendant for the City of South Burlington is terminating his employment, through retirement,after twenty seven years with the City, and WHEREAS, Mr. Alger during his years of service to the City was distinquished by his dedication to his responsibility as the Landfill Attendant to the Town and then the City during his tenure; and WHEREAS, he was at all times alert to serving the needs of the City and the people of the City and always conducted himself with the highest principles of integrity and good conduct, now therefore be it RESOLVED, by the City Council of South Burlington that this Council express its admiration and esteem for Mr. Alger and extend its best wishes to him in all his future endeavors, and be it further RESOLVED, that a true copy of this Resolution be presented to Mr. Alger. Adopted: August 22, 1983 Chairman Hugh M. Marvin Paul A. Farrar Michael D. Flaherty Leona J. Lansing William L. Peters SOUTH BURLINGTON CITY COUNCIL : TO: South Burlington City Council From: Ad-hoc Committee to study airport noise The ad-hoc committee established to look into the problem of noise created by the increased air traffic at Burlington International Airport met with Walter Houghton, Airport Manager, 'dn Aug. 4th. Several important issues were discussed. First, there are approximately 104 commercial and military flights per day at the airport; 35 of these flights are jets. This does not include ~eneral Aviation , which is primarily private ai.rcraft and generally not noisy. Secondly, there is no on-going program of a noise abatement carried out by the airport at this time nor has there ever been one. Thirdly, there should be no airport noise after 11:OOPM or before 6:00~M. Ground service during these hours is limited to an area where the noise is not carried to neighboring residential areas. The committee also met with Tom OfDonovan of the Vermont Air National Guard on Aug. 10th to dis- cuss the noise problems created by their helicopter flights. As Mr. O'Donovan has only received 8 com- plaints about the helicopter noise, he does not foresee any changes in their flight schedules. To register a complaint with the Guard, call 658-0770 anytime. Mr. Q'Donovan also suggested that we meet with the FAA concerning flight patterns and schedules. It is the conclusion of this committee and of Nalter Houghton, the airport manager, that a standing committee be appointed to work closely with the airport management to insure that the needs and concerns of the citizens of South Burlington are considered in the future expansion and operation of the airport. Respectfully submitted, 5. Pat Brennan Le~na J. Lansing William Schuele "1- MEMORANDUM ---------- TO : South Burlington City Council FROM : David Minnich, Assistant City Manager DATE : August 22, 1983 SUBJECT: To Balance 1982-83 Budget 1) $14,000 to Open Space 1,000 to City Hall Utilities $lS,OOO $ 6,000 from Fire Salaries 4,300 from Fire Equipment 4,000 from Insurance (Fire) 700 from Training (Fire) $15,000 $ 9,100 to Police Salaries $ 9,100 from Highway Equipment Operating Expense