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HomeMy WebLinkAboutMinutes - City Council - 04/04/1988CITY COUNCIL 4 APRIL 1988 The South Burlington City Council held a regular meeting on Monday, 4 April 1988, at 7:00 p.m., in the Library of Chamberlin School, White Street. Members Present Paul Farrar, Chairman; Molly Lambert, Michael Flaherty, George Mona Also Present William Szymanski, City Manager; Mary McKearin, Business Manager; Albert Audette, Street Dept; Chris Davis, Ronald Piper, Police Dept; Ruth Poger, The Other Paper; Mike Donoghue, Free Press; Ulrich Leppman, Ruth Leppman, Janice Smith, William Schuele, Richard and Paulette Bennett, Dick Underwood, Susan Hardin, Peter Taylor Executive Session Mr. Flaherty moved that the Council meet in Executive Session to discuss pending litigation of Heathcote Association Parking Study and Dorset Street Utilities, Mrs. Lambert seconded. Motion passed unanimously. Regular Session Comments & questions from the public (not related to items on the Agenda) No issues were raised. Review City Manager's Report on Status of 1987-88 Goals Mrs. Lambert asked the City Manager to explain the tax comparison chart attached to the goals status report. Mr. Szymanski did so noting that the chart showed South Burlington taxes had gone up less than those in other communities. Public Hearing: Spear Street Scenic Overlook District Mr. Farrar read the proposed Resolution (attached). Mrs. Lambert moved that the Council sign the Resolution as read. Mr. Flaherty seconded. Mr. Farrar noted that the Planning Commission will hold Public Hearings on the proposed new district; in the meantime, anything that comes in for that area has to come before the City Council as well. A resident asked since the present overlook is now already partly blocked, can the overlook be moved. Mr. Szymanski said the other land is privately owned. Mrs. Poger asked if the overlook could be raised, Mr. Farrar said not enough to make a significant difference. Mr. Mona asked whether the access to the overlook could be closed on Spear St. and moved to Deerfield Dr. Mr. Audette said this would create more problems as people would just park there anyway. In the vote on the motion which followed, the Resolution passed unanimously. Mr. Flaherty then moved to amend the map attached to the Resolution to show a line parallel to Spear Street 3,000 feet from Spear Street. Mrs. Lambert seconded. Motion passed unanimously. Mr. Schuele asked whether the Council was considering this type of action in other parts of the City. He thought it was a great idea. Mr. Farrar said he felt it was something to be considered as part of the planning process. Appoint Auditors for the Fiscal Year Ending 6/30/88 Mr. Flaherty moved to accept the Manager's recommendation in his memo of 4/1/88 to appoint Urbach, Kahn and Werlin for audit services for the fiscal year ending 6/30/88 and for the two conditional options to renew for 1989 and 1990. Mrs. Lambert seconded. Motion passed unanimously. Review outline of Williston Road traffic study as prepared by Craig Leiner of CCRPC Mr. Farrar suggested that a citizens' committee be appointed to look at design concepts and recommendations and suggested that the City Manager advertise this. Mrs. Lambert moved that the Council accept the outline of the Wiliston Road traffic study dated 3/8/88 prepared by Craig Leiner with the stipulation that a citizens' committee be appointed to consider the design concepts and other recommendations to be reported to the City Council. Mr. Mona seconded. Motion passed unanimously. Hear Police Union Grievance regarding compensation for Shift Commander work Chris Davis explained the problem; On some occasions an officer is appointed shift commander on a temporary basis when a higher ranking officer is unavailable. Question has arisen as to whether this officer, if appointed for less than a full shift, is entitled to a higher rate of pay for the hours he serves as shift commander. Mr. Davis said there is a conflict between past practice and Article X, Section 2 of the agreement. The City's position is that the officer gets the higher rate of pay only for a full shift. The bargaining unit's contention is that past practice should prevail by which officers have been paid the higher rate for the hours they served as shift commander. Mr. Davis acknowledged this issue never occurred to either side during the bargaining procedure when language was changed to indicate there should be higher pay for a "complete shift". The previous language had said "eight hours." The bargaining unit's position is that the language change was only made to accommodate the fact that full shifts can be 8 or 8-1/2 hours. The bargaining unit is asking for the higher rate of pay for the specific hours the officer worked at the higher position. They feel this is important because of the greater liability of the person in the higher position. Mr. Flaherty asked whether this happens often. Mr. Piper said to his recollection it has happened about 3 times in 4 months. He added that the wording of the agreement means that an officer would have to work 16 hours straight to get the higher rate of compensation. What happens now is that 2 people split the shift and each take 4 hours at the higher rate of pay. Mr. Mona said the question is whether the contract language was changed just to accommodate the fact that shifts can be of inconsistent lengths or whether there was a conscious effort to change past practice. Mr. Davis said that on at least 2 occasions prior to the present incident, officers have been paid at the higher rate since the new contract was in force. Mr. Farrar noted there was an attempt to clear up and define past practices, but this issue was one that was collectively missed by both sides. Mr. Mona said he thought it was imperative that the City and Union document the intent of the language in the contract so the issue doesn't arise again. He did not feel the language change had anything to do with past practice and was rather an acknowledgment that shifts have varying lengths. Mrs. Lambert said she was concerned that officers had been paid at the higher rate after the new contract which does create a set in the mind of the officers. Mrs. McKearin asked here the line would be drawn. Would an officer be paid for 1 hour at the higher rate? Mr. Flaherty asked what past practice was. Mr. Piper said generally a shift is split in 2 with each officer taking 4 hours. It is a very unusual circumstance when a commander gets hurt on the job and there is less than 4 hours involved. Both Council members and Union people felt they would like to check on the number of hours officers had been paid for in the past. Mrs. Lambert thus moved to continue the hearing until 4/18/88. Mr. Flaherty seconded. Motion passed unanimously. Review Planning Commission Agenda 4/5/88 No issues were raised. Review Minutes of 21 March 1988 Mr. Flaherty moved to approve the Minutes of 21 March 1988 as written. Mrs. Lambert seconded. Motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Old Business Mrs. Lambert reported on progress of the Employee Rules and Regulations Committee. She noted that 2 major issues being considered are death benefits and accumulation of sick time. Liquor Control Board Mr. Flaherty moved the Council adjourn and meet as Liquor Control Board. Mrs. Lambert seconded. Motion passed unanimously. Mr. Szymanski presented a catering permit request for the Windjammer to cater a wedding reception at the NCO Club, Air National Guard, on 4/23/88, from 1-5 p.m. Mrs. Lambert moved that the Board approve the catering permit for the Windjammer as presented by the City Manager. Mr. Flaherty seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 9:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. RESOLUTION BE IT RESOLVED by the City Council of the City of South Burlington that: WBEREAS, the City owns and maintains a public highway known as Spear Street in the City; and WHEREAS, that portion of Spear Street extending 1140 feet north of the intersection of Spear Street and Deerfield Road offers a unique. panoramic view of Lake Champlain, the Adirondack Mountains, Shelhurne Bay and Burlington Bay; and WHEREAS, residents of the City of South Burlington and visitors to the City have enjoyed this unique, panoramic view since Spear Street was opened as a public highway in the early 1800's; and WIEREAS, the City owns park land located on the northwesterly corner of the intersection of Spear Street and Deerfield Road in the City; and WHEREAS, the City acquired said park land For the express purpose of providing the residents of South Burlington and vi'sitors to the City a public site from which to enjoy the above-said unique and panor- amic views; and WHEREAS, development has already occurred on lands adjacent to the City owned park land which partially obstructs the unique and panor- amic views available from this park land; and WHEREAS, Further development of lands adjoining the Citv park lands end that portion of Spear Street extending 1140 feet north of the intersection of Spear Street and Deerfield Road is imminent; and WHEREAS. dcvelopmnt of said lands coulrl occur at this tinc in conformance with the zoning regrtlations for the City of South Rurlinh'ton .in such a way that it would stjhstancially impair and diminish the uniquc and panoramic views presently enjoyed from the City park land and the above mentioned section of Spear Street; and IJWEREAS, City planning oFficials are presently taking appropriate actions to develop and implement appropriate amendments to the City's zoning regulations to regulate development on lands adjacent to the City park land and that section of Spear Street mentioned above SO I! that such development does not unreasonably interfere with public enjov- rnent of the unique and panormaic views available at these locations; and WHEREAS, the general health and welfare of the City of South Burlington and its orderly grovth would be adversely affected if said lands were developed in such a way aa to substantially impair the scenic and panoramic views available from said lands; and WHEREAS. in order to prohibit the inappropridte development of these lands until such time as the City is able to develop permanent amendments to its zoning regulations, it is absolr~tely imperative that the City enact interim regulations as an emergency measure; HOW. TIIEIIEWRE. the City Council hereby ordains and adopts interim zoning regulations as follws: INTERIl4 ZONING REGULATIONS FOR THE PROTECTION OF THE SPEAR STREET SCENIC OVERLOOK DISTRICT 1. Purpose: There is hereby created a Spear Street Scenic Overlook District the boundaries of which are defined on a map entitled, "City of South Burlington - Spear Street Scenic Overlook District" which is incorporated herein by reference. This district includes on its easterly side public park land and a portion of Spear Street, so-called, approximately 1140 feet in length. At present, the ~ublic park land and Spear Street oCEer a unique, panoramic view of Lake Champlain, the Adirondack Mountains. Shelburne Bay and Burlington Bay. It is the City's purpose in creating this district to preserve these unique and panoramic views for residents of the City of South Burlington and visitors to the City. I. Limitations on Structures: NO part of any structure within the above-designated Spear Street Scenic Overlook District shall exceed an elevation of 376 feet above mean sea level minus 4.0 feet for each 100 feet that said part of a structure is horizontally distant from the baseline defined below. 111. Landscaping end Other Vegetation: Landscaping and other vegetation located within the Spear Street Scenic Overlook District shall be maintained so that it does not exceed an elevation of 376 feet above mean sea level minus 6.0 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the base line described below. IV. Definitions: A. Stucture: The term structure when hsed in these regu- lations shall mean an assembly of materials for occupancy or use, including, but not limited to a building, mobile home or trailer, bill- board, sign, wall or fence, antenna, utility poles (including towers and lines). 0 B. Base Line: The base line referred to in these regulations shall commence at the intersection of the pavement for Deerfield Road and Spear Street in the northwesterly quadrant of said inter- section and proceed along the westerly edge of the pavement of Spear Street in a northerly direction for 1140 feet. V. Protection of Existing Structures: Any structure in existence on the date that these regulations become effective may remain in existence therraFter. VI. Preservation of Existing Regulations: These interim zoning regulations shall not repeal or altar any existing regulations of the City of South Burlington. These regul~tions establish requirements and restrictions which are in addition to those contained in any other regulations of the City. Dated at South Burlingcon, Vermont this xhday of April. 1988. CITY COUNCIL OF CITY OF SOUTH BURLINGTON /, /.