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HomeMy WebLinkAboutMinutes - City Council - 09/17/1984CITY COUNCIL SEPTEMBER 17, 1984 The South Burlington City Council held a regular meeting on Monday, September 17, 1984, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, William Peters Members Absent George Mona, Leona Lansing Others Present William Szymanski, City Manager; Jane Bechtel, City Planner; Margaret Picard, City Clerk/Treasurer; Richard Ward, Zoning Administrator; Laura Reinders, City Clerk's office; Diane Gadhue, Assistant City Clerk; Alyce Piche, Deputy Tax Collector, Gloria Yandow, Bookkeeper, Darla French, Recreation Secretary, Albert Audette, Street Department; Vincent D'Acuti, Airport Commission; Ruth Poger, The Other Paper; Mike Donoghue, Free Press; Kenneth Daley, Richard Picard, Keith Reinders, Vi Luginbuhl, Thomas Fraga, Gil Myers, Attorney; Marie Gallant, Planning/Zoning Secretary. Comments & questions from the public not related to items on the Agenda There was no discussion. Report from Airport Commission Representative Mr. D'Acuti reported on his meeting with the Mayor of Burlington. He noted that the Mayor is trying to alleviate the Burlington tax situation by taking money out of the Airport, and many people and agencies are upset at this. The Mayor's contention is that Burlington put a great deal of money into the Airport over the years and is thus entitled to some return. Mr. D'Acuti commented that the City Council should thus look into how much money is coming to South Burlington for what it gave, such as a ten-year tax abatement it allowed Burlington. Mr. Farrar asked how the airport situation is being approached: how much money can be taken out of the Airport or how should the Airport be run. Mr. D'Acuti replied he would like to see the latter. He recommended that the City Council, Planning Commission and Zoning Board members should have a tour of the Airport to see what is going on there, and suggested that the Council look into having a liaison from South Burlington to the Burlington Board of Aldermen. Mr. D'Acuti then reported on the plan for Airport expansion. One plan calls for a $5,900,000 expenditure requiring a $4,400,000 bond issue to be passed by Burlington voters. They are hoping for a November vote. The Finance Committee felt these plans were too elaborate and there is an alternate proposal for $3,400,000. Both plans will go to the Alderman. Mr. D'Acuti said 3 pieces of property to the north would be required for the expansion. There are also talks about a 2-story parking facility and a possible hotel tie-in. It is also possible that the tower will be a free-standing facility. Mr. D'Acuti added that the month of August was the highest for emplanements in the history of the Airport and it looks like it's going up all the time. Mr. Farrar noted that regarding relations with Burlington, they are represented on the MPO. He added that at one time an area regional council was tried but fell apart after a year; at no time did the Mayor of Burlington come after the first meeting. Sign application for financial assistance to State Agency of Environmental Conservation for the Airport Parkway treatment plant project Mr. Szymanski advised that this was the first stage of the State grant in the amount of $462,000. Mr. Flaherty moved that the Council sign the application for financial assistance to State Agency of Environmental Conservation for the Airport Parkway treatment plant project. Mr. Peters seconded with unanimous approval. Meet with Zoning Board Chairman to discuss zoning violation enforcement Mr. Blais reported that a number of variances which have been denied and the applicants have not heeded the denials. Letters and visits have taken place to the offenders, but these too have been unheeded. The violations are mostly use infractions, and he cited the following: On White Street, there is a perpetual garage/firewood, etc. sale. An application for an antique shop was denied, but soon after there was more inventory in the garage and in and addition behind the house. A taxi operation keeps moving around the city and is now thought to be operating in the Budget Rent-a-Car/Val Preda location. On Dorset Street, another antique shop request was denied, and the operation began within a week or two of the denial and is still continuing. There is a chicken farm in an R-4 district on Kirby Road, which is a residential district. There have been many objections the odor. Letters and visits have been unheeded. Mr. Blais said the Board did not want the community to think that zoning is a laugh and felt it was time to do something to discourage other potential offenders. He asked the Council for legal assistance for enforcement. The Council agreed by common consent to instruct the City Manager to have the City Attorney file motions in Court to have fines levied as proscribed in the Zoning Ordinance. Sign Highway Equipment Renewal Note Mr. Szymanski advised that this is a renewal note for a grader which is for $26,400, at 8.06% with the Chittenden Bank. Mr. Flaherty moved that the Council sign the highway equipment renewal note as specified by the City Manager. Mr. Peters seconded, and the motion passed unanimously. Appoint a voting delegate to the VLCT Annual, Business Meeting Mr. Flaherty moved that Peggy Picard be appointed delegate to the VLCT Annual Business Meeting with Mr. Szymanski and himself as alternates. Mr. Peters seconded with unanimous approval. Sign Disbursement Orders Disbursement orders were signed. Liquor Control Board Mr. Flaherty moved that the Council meet as the Liquor Control Board. Mr. Peters seconded with unanimous approval. Mr. Szymanski presented a catering request from Grandvie Corp. of Ferrisburg for a wedding reception on October 6, 1984, from 11 am to 6 pm, at Knights of Columbus Hall. Mr. Flaherty moved that the Board approve the catering permit of Grandvie Corporation for October 6, 1984, 11 am to 6 pm, at Knights of Columbus Hall. Mr. Peters seconded with unanimous approval. Mr. Flaherty then moved that the Board adjourn and reconvene as the City Council. Mr. Peters seconded with unanimous consent. Old Business Mr. Farrar asked where the city stands as far as additional grants on the sewer bond issue. Mr. Szymanski reported that it looks good. The EPA has approved, and it is now in the hands of the Corps of Engineers for approval. Minutes of September 4, 1984 Mr. Flaherty moved that the Minutes of September 4, 1984 be approved as written. Mr. Peters seconded with unanimous approval. Hearing on City Hall Employee Grievance, Step III Gil Myers, attorney for the union, reported that the grievance relates to the appointment of an Assistant City Clerk. He stressed that no one felt Laura was not qualified for the job; the complain was with the method of appointment. What disturbs the Association is that the appointment was not made in accordance with the personnel rules and regulations of the city, effective June 7, 1982. He noted that the response made to the initial complaint was that the City Clerk has the power under state statute to appoint an assistant. Mr. Myers said it was his opinion that where there is a general statute and a specific enactment of the legislature that the specific enactment will overrule the general statute. The City Charter is a specific enactment which overrides the general statute, and the City Charter is the enabling legislation which provides for enactment of the personnel rules and regulations. Mr. Myers said it is concern that by appointing an "administrative assistant" instead of perhaps a secretary, there could be an entire department of people appointed instead of going through the stated procedure for hiring. He noted that the Assistant City Clerk will function as a position 7, and all rules and regulations will apply to her. His contention is that they should apply to the method of her appointment as well. He added that if the Council decides that the rules and regulations did not apply to Laura's appointment, the Association is requesting that a change be made so that in the future they would. Mr. Flaherty asked whether it is to be considered a "vacant position" when an employee is promoted from one level to another. If so, it is possible that a qualified outsider could get that position as opposed to a person who had been serving the city and had earned a promotion. Mr. Szymanski said this was the case in Laura's case; they considered it a promotion not a vacant position. He noted that when the system began, everyone was classified. These classifications were adjusted after a state evaluation. In some instances, people have been upgraded when their performance or the nature of their responsibilities so dictated. Mr. Farrar said there were two questions to be considered: 1) Was the appointment a reclassification or the filling of a new position; 2) How should similar instances be treated in the future. He noted there are still the same number of people in the office as no additional people have been hired. He asked that the City Attorney be consulted as to whether the "rules and regulations" take precedence over State statutes and also whether what transpired was a changing of level or the creating of a new position. Mr. Myers asked that the question of whether the rules and regulations apply to that position hereafter should also be investigated. The question of whether the Council wants to know of upgrading was also raised. There is a concern with union people being promoted to non-union levels. Mr. Farrar said as he reads the Charter, the City Manager is the final authority on that; however, Mr. Szymanski does communicate the information to the Council. Mr. Flaherty then moved to continue the hearing until October 1, 1984. Mr. Peters seconded with unanimous approval. As there was no further business to come before the Council, the meeting adjourned at 8:50 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.