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Minutes - City Council - 02/21/1990
CITY COUNCIL 21 FEBRUARY 1990 The South Burlington City Council held a regular meeting on Monday, 21 February 1990, at 7:30 p.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Joe Weith, City Planner; Brian Searles, Police Chief; Lee Graham, Police Dept; Albert Audette, Street Dept; Jean McCandless, Mary Scollins, Gillian Bell, Merle Edwards-Orr, Committee for Social Responsibility; Sid Poger, The Other Paper; Sam Shearer, Marsha Meekins, R. & E. MacDonald, Lauri Copans, Lucie Holcomb, Alice & Ken Boyd, Holly & Brian Reed, Hope Riehle, Eva Walker, Helen Mann, Phil Hughes, Tom McLaughlin, Albert Verret, Katherine Barnes, Barbara Verret, Theresa McLaughlin, Edward Richardson, Jane Quilliam, Louise Brooks, George Holcomb, B. Barrone, Peter Rowan, Susan Pritchard, Carol Ploof, Anne Brown, Tom More, Peter Bergh, Robert Schultz, Neeta Kataria, Vince Koehler 1. Comments & Questions from the Public (not related to agenda items) No issues were raised. 2. Amendment of Community Library By-Laws to Establish Position of Trustee Emeritus of the Library Board Mr. Dinklage moved to approve the recommendation of the Library Board of Trustees to amend their By-Laws to establish the position of Trustee Emeritus of the Library Board. Mr. Condos seconded. Motion passed unanimously. 3. Presentation from Adelphia Cable on Dorset Street Construction Requirements Ms. Meekins, attorney for Adelphia, said that there are concerns about direct bury cable on Dorset St. She introduced Sam Shearer of Adelphia who said that they do not direct bury any of their cable. It is done in conduit. Cable needs protection and it is easier to replace in conduit. Mr. Dinklage asked what arrangement Adelphia has for use of the Dorset St. poles. Mr. Shearer said they lease them from the power companies. He said if there were no poles they would have to build their own or go underground. Mr. Dinklage asked what would happen if there were an ordinance against poles. Mr. Shearer said they would go underground. Mr. Condos noted that in St. Johnsbury the cable company leased conduit space from the phone company and asked if Adelphia has looked into that. Mr. Shearer said Adelphia normally puts in their own conduits. Mr. Stitzel asked if they would use the same duct bank system. Mr. Shearer said they would. Mr. Dinklage asked what Adelphia is paying to lease pole space. Mr. Shearer said $5.00 per pole per year. Mr. Hughes, also of Adelphia, said there is a safety feature to consider. They want to keep Dorset St. from having to be dug up whenever there is a problem. Mr. Cimonetti asked if there are any design studies that consider burying "cable-in- conduit" on Dorset St. Mr. Shearer said there are not but he would be willing to do that. Mr. Dinklage asked if Adelphia expects the City to bear any cost in this other than building a duct. Mr. Shearer said just the difference between overhead and burying costs. Ms. Meekins encouraged the city to write down its questions and concerns and Adelphia would be glad to provide answers. She insisted they are not trying to "gild the lily." Mr. Flaherty stressed that the Council are stewards of the public's tax dollars. Mr. Cimonetti added that the Council wants to see what is most cost effective for Adelphia and for its customers and has yet seen no cost- effective studies. Mr. Hafter added that the City wants to know what maintenance costs are that make up the difference between $40,000 and $200,000 in cost. 4. Proposal for Control of Traffic Volume in East Woods Neighborhood Mr. Flaherty noted that at the last meeting the City Manager had been asked to come up with a solution. Mr. Hafter said that prior measures haven't solved the problem and he now recommends making Farrell St. one way between Hadley Rd. and Joy Dr. Farrell St. would become one lane in that area. He noted there would have to be an Ordinance and appropriate public hearings and estimated this could be accomplished by 1 July. Mr. Koehler of Joy Dr. said he was concerned there has been no other input except from people in East Woods. He felt the proposal was short-sighted. Mr. Boyd said he didn't feel any residential neighborhood has to put up with what is going on in East Woods. He said the traffic is not residential but results from people using their neighborhood for a short cut. He noted the residents have tried to be as objective and fair as they could and have gone from the least restrictive options to more restrictive ones. Mr. Cimonetti said he didn't feel you can stop progress and that it was a step backwards to restrict streets. He said he was afraid there is no solution that will dramatically reduce the traffic in East Woods or any other neighborhood. There is just more traffic. Mr. Verret agreed with Mr. Cimonetti and said he wouldn't appreciate having to go to Swift St. to get to the Post Office. Ms. Walsh said if they have to go to Shelburne Rd. it will just add more traffic there. Mr. Holcomb said the problem is those streets were originally laid out to be dead end streets and if they had been built the way they should, there wouldn't be a problem. When you try to make two dead end streets into a throughway, you get the mess you have now. Mr. Schultz of Meadowbrook said they have never been approached by East Woods to address this problem. He noted that the proposal would lock Meadowbrook into only a single exit. Mr. Flaherty stressed that one car per second in a residential neighborhood is a problem, and the East Woods residents are being held hostage to through traffic. The stop signs and no thru traffic signs have not done the job. He stressed that no one solution will solve everyone's problems. Ms. Pritchard said they have been trying to solve this problem for 2 years and would like to hear other solution if the opponents of this one have any. She stressed that something has to be done before it's too late. Holly Reed said that what is being heard tonight is a question of convenience vs. safety and the integrity of a neighborhood. She urged the Council to decide between those 2 issues. She also presented a letter to the Council from some neighbors who could not attend. Mr. More said there is more traffic everywhere and you can't stop the clock. He said that the school people even oppose the Farrell St. Plan. A resident noted that this is not true because after Superintendent Tuttle and Mr. Brown came out to the neighborhood and saw the problem for themselves, they retracted what they had said earlier. Mr. Flaherty moved that the Council act on the recommendation of the City Manager and direct the City Attorney to draft an Ordinance to establish a one-way traffic zone on Farrell St. southbound between Hadley Road and the northern limits of Joy Drive and to set a date for a Public Hearing. Mr. Dinklage seconded. In the vote that followed, the motion passed 4-1 with Mr. Cimonetti opposing. Mr. Farrar said it would be a few weeks before there is anything in front of the Council and asked interested parties to leave their names so they can be notified of the hearings. 5. Presentation of Social Responsibility Committee Ms. McCandless said the Committee felt there was a need for a more reliable funding mechanism for this process. She then introduced the Committee members and noted that they have been presented with a bleak picture from social services agencies mainly due to declining support from federal and state authorities. She noted the Committee got requests from 14 agencies who were asked for 91% more in funds than last year's requests. Ms. McCandless said the committee's process involved prioritizing requests as follows: 1) meet basic human needs (food, shelter, etc), 2) meet needs of children, disabled, elderly; 3) consider the amount of service provided to S. Burlington residents; 4) identify agencies needing to maintain or expand service to S. Burlington residents. She noted that the requests being made represent less than 1% of the entire budget. Mr. Dinklage complimented the group for its work and its presentation. Mr. Cimonetti asked how the city is doing in comparison with some of its neighbors, not only Burlington. Ms. McCandless didn't have this information but noted that Shelburne and Essex have had a program for social concerns for a number of years. Mr. Cimonetti said he would be interested in the percent of the budget in other cities and the cost in the tax rate. Mr. Edwards-Orr noted the Committee asked applicants what other support they are getting. Burlington is doing a lot. Essex is doing some remarkable things, and Colchester is doing a lot for the homeless. He said it varies from community to community and agency to agency. Mr. Dinklage asked that the City Manager plug into the budget the $42,250 recommended by the Committee. Mr. Cimonetti noted that the City Charter precludes increases in the budget of more than 10%. Ms. McCandless replied that the problem is the City is starting from a very low base in the social responsibility area and that it may not be appropriate in this instance to apply what is otherwise a very good rule. Mr. Cimonetti noted that this is an area that has traditionally been funded income tax and is now being shifted to property tax. Mr. Farrar noted the Council has to weigh human services against requests for fire trucks, police cars, etc. Regarding the homeless issue, Ms. McCandless noted the issue is impacting on the work of many other agencies. She felt the $3000 to COTS was an immediate means to address the problem, also the start of some support to the Food Shelf. In the long term, the Committee felt housing was the key issue and asked that the Committee meet jointly with the Planning Commission to seek a way to address this problem. Mr. Flaherty felt this was a reasonable approach. 6. Review of Traffic and Engineering Surveys for Several South Burlington Streets, Schedule of Public Hearing on Ordinance Mr. Hafter noted that the Spear St. recommendations have been removed from the list. Mr. Cimonetti asked if the city needs a rationale for any speed limit that differs from the CCRPC recommended figures. Mr. Stitzel said the documents he reviewed contained all the details the Council was given. The speed limits are established by the City Council based on the engineering survey. He believed the information in the reports is what the Council now will use to make its decisions. The Council can bring to its decision any personal knowledge of specific circumstances that it feels affect a speed limit. He felt that such information should be highlighted in the Council's decisions. Mr. Cimonetti suggested notifying Shelburne that the City proposes to change the speed limit on Dorset St. from Swift to the Shelburne line to 40 mph when it is 35 mph across the line in Shelburne. Mr. Condos moved the adoption of the Survey Report. Mr. Dinklage seconded. Mr. Cimonetti moved to amend the Survey by eliminating 1-g and renumbering 1-h as 1-g, and eliminating 3-a and renumbering 3-b as 3-a. Mr. Dinklage seconded. In the votes which followed, both the amendment and the motion for adoption of the Survey were passed unanimously. Mr. Condos then moved to schedule the second reading for 5 March 1990. Mr. Flaherty seconded. Motion passed unanimously. 7. Review Changes to Section 18.112 of the Zoning Regulations, Heights of Structures Mr. Dinklage said he liked the changes. Mr. Stitzel asked if the word "household" in 18.112(d) was intentional. He noted a business could put in an antenna for a TV in a lounge. Mr. Weith felt "household" could be eliminated and transmitting antennas addressed in (e) by adding "receiving or transmitting" after the words "roof top aparatus". Mr. Stitzel also noted there is specific federal legislation for HAM operators that preempts local regulations and this may have to be dealt with on a case by case basis. Mr. Stitzel raised the question of defining the reconstruction grade and suggested new language. Mr. Dinklage liked the new language in that the Zoning Board would make a conscious decision on what would become the preconstruction grade. Mr. Stitzel also presented new language for 18.116(d) The proposed changes will be presented for consideration at the next meeting. 8. Payment Due City Of Burlington for Provision of Sanitary Sewer Collection and Treatment, 1982-1988 Members instructed the City Manager to pay this bill. 9. Discussion of Bike Lane on Spear St. for Swift St. to Overlook Park Mr. Dinklage noted that when the park opens bike traffic will increase, resulting in a serious problem. He noted there may be funds left from the park bond issue and the voters might be asked to give permission for that money to be used for a bike lane on Spear St. Mr. Audette noted this will be expensive as it is about 1/2 mile at $25/foot. There are also some trees involved. Mr. Farrar suggested putting language on the ballot to allow this as a generic thing or putting it in a bond issue for the recreation path noting that surplus park money would be used in addition to new funds. 10. Proposal to Establish a Commerce Committee within City Government Mr. Cimonetti suggested a 5-7 person committee to include retail/merchandising, food and lodging, manufacturing of more and less than 50 employees, and a commercial developer. Mr. Dinklage felt it was a good idea. Mr. Cimonetti will work with the City Manager to develop a charge. 11. Departmental Budget Review, 1990-91 Budget a. Police: Chief Searles noted they are asking to replace 2 vehicles, one of which is already out of use. There is not request for more patrol personnel, not because it isn't needed but because he felt there were higher priorities. They are asking for a secretary/receptionist/data entry person to help with the day shift dispatchers' workload. They are also asking for a 1/2 year drug enforcement criminal investigator. The other half would be funded by a grant. In the following year, the person would be the city's full responsibility. Mr. Graham said they have completed training on the computer system. Between now and 1 July, both systems will be used concurrently. He anticipated they will be fully automated by 1 July. Mr. Searles noted in S. Burlington officers have only 16% of their time for preventive efforts. The National Justice system recommends 40%. He felt this needs to be addressed at a time unrelated to budget considerations. Mr. Searles noted the Department has just over $11,000 from drug forfeitures and that want permission to spend this in 3 areas: 1) purchase of a FAX for City Hall; 2) subscription to the Law Enforcement TV Network (a sophisticated training system with specific drug enforcement potential), and 3) computer equipment. There is also a request for some renovation of the receptionist's space to accommodate a second person. Chief Searles noted that in South Burlington the breakdown of police services to the community is as follows: 52% to the business community, 32% to residents, 16% in other areas such as traffic. He said he would also like to discuss this with the Council at a later date. b) Highway: Mr. Audette said the budget reflects the creation of a "Park Department" and the shifting of personnel for this. He noted that costs for salt have gotten out of control. Mr. Audette reminded the Council there is still an obligation for a short section of the water line on Kimball Avenue that has to be completed. He felt the department is keeping up with roads and maybe getting a little ahead. He asked for a new plow which would also serve as a maintenance vehicle in summer. In the Park Division, there will be one new person plus summer help. $10,000 is requested for park improvement. The focus this year is on JC Park and Szymanski Park. c) Planning: Mr. Weith noted he appreciated the City Manager asking for input from him. Two main changes noted are the use of Act 200 money for consulting fees and a budget increase for legal fees. A capital request is being made for a 5-drawer flat file for maps and also a drafting chair. The position of Planning Technician would be funded half by the city and half from Act 200 money. Mr. Hafter said this is the most needed new position being requested. d) City Council: Mr. Hafter noted the over budget items are the result of gypsy moth spray, moving expenses for the City Manager, and the bike path appropriation. He noted GBIC is asking for $3500 this year and the Convention Bureau is asking for $5,000. 12. Appointment of Town Service Officer Mr. Flaherty moved to appoint Mr. Hafter as Town Service Officer. Mr. Dinklage seconded. Motion passed unanimously. 13. Review Zoning and Planning Agendas No issues were raised. 14. Disbursement Orders Disbursement orders were signed. 15. Review Minutes of 29 January and 5 February. Mr. Flaherty moved to approve the Minutes of 29 January and 5 February as written. Mr. Dinklage seconded. Motion passed unanimously. 16. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter presented special entertainment permit requests for Club New England for 18 March and 4 April for events running from 8 p.m to Midnight, also a catering request from W.F.W. Co, Inc. to cater the K of C 10th Year Reunion Party at K of C Hall, 10 March, from 5:30 p.m till 12:30 a.m. Mr. Flaherty moved to approve the entertainment and catering permits as presented. Mr. Dinklage seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 11:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.