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HomeMy WebLinkAboutMinutes - City Council - 12/01/1986CITY COUNCIL 1 DECEMBER 1986 The South Burlington City Council held a regular meeting on Monday, 1 December 1986, at 7:30 p.m, in the Conference Room, City Hall, 575 Dorset St. Members Present Paul Farrar, Chairman; George Mona, Molly Lambert, Michael Flaherty Also Present William Szymanski, City Manager; Wendy Schroeder, Business Manager; James Goddette, Fire Chief; Sid Poger, The Other Paper; Margaret Picard, City Clerk/Treasurer; Albert Audette, Street Dept; Vi Luginbuhl, Representative Elect 6-2; Ed Slayton, Patty Kissell, Paul Kissell, Donald Graf, Tom Nelson, Shelly Balcar, Jim Loewen, Kathleen Huffman, Beatrice Rock, Wendy Copp, Judy Newman, Carole Lothrop, Greg Lothrop Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. Continue discussion with Queen City Park residents on the Burlington Southern Connector Mr. Farrar advised that the earliest records the city has show the closing of Pine Street in all plans. In the record of the hearing, there was no objection raised to this. The design of the interchange was, however, different in the original plans and did include a road going south without a light. This was changed after the original hearing. Act 250 saw the present design. It was also sent to the city where the change of design was not noted. Mr. Farrar felt from a legal point of view the city is beyond the point where changes can be asked for; however, he felt the city should try to cooperate with Burlington to secure changes. Bert Moffatt has been asked to speak to the Council in 2 weeks, and Mr. Farrar said he understood Mr. Moffatt has significant comments to make at that time. Ms. Lambert felt that due to a conflict of interest, she should step down during the remainder of this discussion. Mr. Loewen said he does not believe the Agency of Transportation wants to build a road that one community wants at the expense of another. He said there was no question of legally forcing changes; what they want is to talk with them and present residents' concerns. Mr. Mona said he had no problem with the Resolution as written and felt the city should go on record as to what changes it wants. Mr. Mona then moved that the Council pass the Resolution as to intent, and that the contents be transmitted to the City Attorney with only technical corrections to be made. Mr. Flaherty seconded. Sherry Balcar reported she had canvassed Home Ave and Pine St. and found residents 3-1 in favor of the Resolution. Most residents were not aware that Pine St. will be closed and were very much against the chain link fence. All favored a redesign of the ramps. In the vote which followed, the motion passed 3-0, Ms. Lambert abstaining. Review recommendations for correcting drainage problems at the landfill and at open space land acquired from Degraff Mr. Szymanski reported he had reviewed the sites and found the following: At the landfille, he recommends extending the pipe the remaining 500-600 ft. to eliminate much of the ponding. This work is planned for this winter. $5000 has been budgeted for the work, but it will take about $15,000. Depending on the weather, it should be done by March. On the other side of Kirby Road, the only way the beaver dams can be opened is by dynamite. One dam is about 5 ft. high and 30 ft. long. The Natural Resources Committee will be contacted before anything further is done. A resident of the area said they had learned that Dick Carter and people from State Natural Resources and Don Whitten of the Sewage Disposal Dept. had the water tested and found no sewage in it. Residents have, however, been told that there is oil in the water from the airport and want this looked into. Mr. Szymanski said that every drainage area, because they drain streets and parking lots, will have some oil in them. There is also a lot of decay from leaves, etc. Chief Goddette said he went over the site with Mr. Stiles, and they found no oil in the water, only garbage and rubbish which had been thrown over the bank. Another resident said that Don Whitten had told them there is petroleum coming from the end of the ravine. Mr. Szymanski will arrange to have either the Health Dept. or a private firm check to see if petroleum products are in the water. Review and consider for first reading an Ordinance relating to the use of fire alarm systems Mr. Farrar read the Ordinance. Members noted that a sentence had been left out from the original draft, and Ms. Lambert moved that this sentence which says, "...and notify the person owning or maintaining such fire alarm system..." be reinserted. Mr. Flaherty seconded, and the amendment passed unanimously. Mr. Mona then said he felt the fee after the second response should be raised to $200. and moved that in Section B the second "$100" be changed to $200. Mrs. Lambert seconded, and the motion passed unanimously. Mr. Mona then moved that the Council approve the first reading of the Ordinance as amended. Mr. Flaherty seconded, the motion passed unanimously. Discuss the payment to detectives of a stipend in lieu of overtime. Ms. Schroeder reported that it has been city policy to compensate BCI members with a stipend in lieu of overtime pay. The issue is currently before the Federal Wage and Hour Division because the detectives want to be compensated for overtime in addition to their stipend based on the Garcia ruling, which says that municipalities must pay for overtime work at time and a half. The stipend paid by the City has compensated the BCI members for more than twice their accumulated overtime. The question before the Council is the City's policy of compensating the BCI management with a stipend as the union BCI members are. If the stipend is considered as part of the base pay (as if it did not compensate for overtime) then the addition of approximately $50 per week elevates the BCI Lt. salary two grade classifications. If the BCI Lt. job is significantly different from the other Lieutenants in the department then he should be compensated within the pay classification schedule and not through a stipend, and he should be compensated for overtime as the other police management personnel are. If the BCI Lieutenant's job is not significantly different from the other Lieutenants, his job classification should remain the same, the stipend should be eliminated and he should be compensated for overtime as the other police management are. Ms. Schroeder reminded the Council that in January there will be two BCI management positions, so that the problem needed to be resolved soon. Lt. Graham said regular lieutenants and detectives essentially have the same job description, though the detectives have fewer people to supervise. The case load is different, and there is the question of being "on call". He said there was a question as to whether lieutenants should make within a few dollars of their supervisors. Mr. Farrar said he felt the question should be decided at contract time and thought detectives probably should be paid for time worked. Mr. Flaherty said it is a question of whether the Council unilaterally removes the stipend and just pays overtime. Ms. Schroeder said there is also the question of whether the City has been following the contract in good faith and whether they are in violation of the law. There is also the question of whether to wait until 15 months have elapsed and possibly have to pay back-pay for that time. Mr. Flaherty said that sometimes how to get to a solution is as important as the solution, and the aim is to hurt as few people as possible. Ms. Lambert felt the practice shouldn't be changed until the City can deal with the bargaining unit as well. This was the common consent of the members. A lieutenant in the uniform section said he was concerned that he has to physically put in time for the money he earned whereas the others did not. There is also the question, as Ms. Schroeder pointed out, that for some BCI officers, accepting a promotion could mean a pay cut. Mr. Flaherty suggested a plan to discontinue the stipend in July, 1987 and make the payment $45/each to the two BCI managers until then. Ms. Schroeder reminded the Council that the police overtime budget is already 39% over. Members agreed to continue as is until July, 1987 or a settlement of the contract, whichever comes first. Review job description of an assistant bureau of criminal investigation position. It was noted that now each team has a lieutenant and a sergeant except the detective division. This position will make all teams equal. Ms. Lambert felt that under "special skills and knowledge" the person should have effective communication skills with adults and juveniles. Sign Highway Equipment Notes Mr. Szymanski explained that the note is for $30,000 for the sweeper and $40,000 for the sidewalk plow. Mr. Flaherty moved that the reading of the notes be waived. Ms. Lambert seconded, and the motion passed unanimously. Mr. Flaherty moved that the Council sign the notes as presented. Ms. Lambert seconded, and the motion passed unanimously. Accept Dubois Drive and Knoll Circle, and Highland Terrace Extension as City streets. Mr. Szymanski advised that all streets are complete and acceptable to the City. Mr. Flaherty moved that the Council accept the streets named as City streets. Ms. Lambert seconded, and the motion passed unanimously. Review Planning and Zoning Agendas No issues were raised. Minutes of 17 November 1986 Chief Goddette noted that the statement that the new fire sub-station could operate on a volunteer basis was made by Paul Farrar. Mr. Mona moved that the Minutes of 17 November be approved as amended. Ms. Lambert seconded, and the motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Petition from Majority of Residents of Lindenwood Drive It was noted that the traffic light at the corner of Lindenwood and Shelburne Rd. has been changed to a constant red/yellow blinker and it is very difficult for residents to get out onto Shelburne Rd. Mr. Mona asked why and by whom this was done. Mr. Szymanski said the state decided to put it on the flashing cycle as they thought it would work better. He said he had written to them asking that it be returned to a regular red/green cycle. He will follow up on this. Liquor Control Board Mr. Flaherty moved that the Council adjourn and meet as Liquor Control Board. Mr. Mona seconded and the motion passed unanimously. Mr. Szymanski then presented catering requests for a party at O'Brien Brothers to be catered by the Sheraton on 12/5 from 4-8 p.m, and for Wetherbees to cater an anniversary party at K of C Hall on 12/12 from 6:30 -11:30 p.m. Mr. Flaherty moved that the requests as presented by approved. Ms. Lambert seconded, and the motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 9:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.