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Minutes - City Council - 07/16/1990
CITY COUNCIL 16 JULY 1990 The South Burlington City Council held a meeting on Monday, 16 July 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Margaret Picard, City Clerk/Treasurer; Stephen Stitzel, City Attorney; Sid Poger, The Other Paper; Natalie Borrok, Joe Carroll, WCAX-TV; Iris Muggenthaler, Joe Cousino, W. Thompson, June Davis, Sharon MacNair, Charles Stanley, Lucy Boyajian, Mary Kusiak, Joan Weber-Jones, Ron Jones, Tom Hubbard, Haidee Antram, Len Brown, Sylvia Smith, Bill Schuele, Sharon Rowe 1. Comments & Questions from the Public Not Related to Agenda Items No issues were raised. 2. Public Hearing: Proposed Ordinance to Amend the Ordinance Regulating the Use of Firearms Mr. Farrar read the proposed Ordinance. Mr. Cimonetti moved to approve the Ordinance as written. Mr. Dinklage seconded. Mr. Cimonetti asked if the permit to shoot an animal would be for all animals, one animal, or what. Mr. Hafter said it wouldn't be limited. Mr. Cimonetti asked if there would be a time limit and how it would be controlled. Chief Searles said in Brattleboro there is a specific time but not a specific number of animals. He would anticipate a time limit in S. Burlington. He said time of day would also be important for safety. Mr. Cimonetti felt that might also be added to the Ordinance. Chief Searles said he didn't anticipate an increase in shooting and added he would exhaust every other alternative before granting a permit. Mr. Jones noted that Mr. Belter had previously live-trapped beaver off his land. He noted the area is close to homes, joggers, children, etc. Ms. MacNair said she thought it was unnecessary. If people break a law, you don't change the law to suit them. She added if they are breaking the law now, they will probably continue to do so. Chief Searles felt people could be educated by this Ordinance. People he had talked to did not always know the alternatives. Ms. Duppstadt said she was very sympathetic with people's feelings and fears but said she and her husband own a farm and their sheep are constantly threatened by coyotes. She wanted the right to shoot them. She said it was ludicrous to eliminate the one means of defense of her livestock. Mr. Duppstadt added they would need permanent permission. Ms. Muggenthaler of Endtrap said she was sympathetic with the saving of livestock but said there are 3 alternatives to shooting predators: taste aversion, guard dogs, and donkeys. Regarding the beaver problem, she showed pictures of 2 live traps. She felt that shooting should be the last alternative. Ms. Clark said she could foresee all kinds of people applying for permits to shoot. Ms. Payne said she didn't think people had a right to shoot animals. Mr. Brown expressed concern with shooting in a populated area and asked what kind of guns would be used and would semi-automatic guns be considered. Chief Searles said that was a good question and he would see how Brattleboro controls the type of guns. He said the police could make a judgment about a person's ability to shoot a weapon. Mr. Cousino felt the Police Dept. had better things to do than this. Ms. Davis asked who would control the "last resort" option. Mr. Farrar said the Chief of Police after consulting with the State officials. Mr. Jones said he didn't feel there was any place in the city one would want to see guns fired. Ms. Picard asked if there could be a person hired to do the shooting, if necessary. Chief Searles said this has been done in Brattleboro. He added it is not the intent to increase the killing of animals by firearms but now there is no process to control it. Mr. Cimonetti asked the Chief if he felt he could enforce the Ordinance, Chief Searles said enforceability has to do with whether people are willing to cooperate. He added his faith in the people likely to use the Ordinance would lead him to say it can be controlled and enforced. Ms. Garrett noted the law is not now being enforced and this would only put more responsibility on the police. She asked if someone would be on the scene to watch the shooting. Mr. Cimonetti suggested going back to the old Ordinance which limited the areas in the city where shooting can take place. Mr. Schuele felt this might be a good idea. Mr. Stanley asked what kind of "damage" an animal should have caused to allow for it to be shot. He felt documentation was just creating another level of bureaucracy. Mr. Dinklage said he was comfortable there is a need to modify the Ordinance and felt the proposed wording would work. Mr. Cimonetti suggested permitting shooting only in areas of the City not zoned residential. Mr. Condos moved to table the motion until the next regular meeting (6 August) to have time to clean up language, discuss possible amendments with appropriate staff. Mr. Cimonetti seconded. Motion passed 3-0 with Mr. Dinklage abstaining. 3. Approval of revision of by-laws of Natural Resources Committee On p. 1, it was noted that "two" should be changed to "one." Mr. Condos moved to approve the by-laws revision with technical corrections. Mr. Dinklage seconded. Motion passed unanimously. Mr. Farrar thanked the Committee for its efforts in the community. He felt the city is being improved from the point of view of visual impact. 4. Review Planning and Zoning Agendas No issues were raised. 5. Sign Disbursement Orders Disbursement Orders were signed. 6. Other Business Mr. Cimonetti presented an idea for consideration in connection with the IBIS property. He said with the present plan, a street will be created that for some time will serve only 3 lots and suggested possibly using part of that street right-of-way as a viewing (parking) area. Mr. Dinklage thought the idea was imaginative and thoughtful. Mr. Farrar suggested the Natural Resources Committee look at it too and that it be presented to the applicant to see what they have to say about it. 7. Liquor Control Board Mr. Dinklage moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter presented catering permit requests from the following: a) Jakes, to cater a picnic for Green Mountain Power at GMP on 4 August from 3-10 p.m. b) WFW Co, to cater a wedding at K of C Hall, 27 July, from 4 p.m. to Midnight c) WFW Co., to cater a wedding at Howard Johnsons, Shelburne Rd., on 11 August, from 6 p.m. to 12:30 a.m. d) WFW Co., to cater an anniversary party at K of C Hall, 8 August from 6 p.m. to 1 a.m. e) WFW Co., to cater a wedding at K of C Hall, 25 August from Noon to 7 p.m. f) WFW Co. to cater a wedding at K of C Hall, 9 September from 2 p.m. to Midnight. Mr. Condos moved the catering permit requests be approved as presented. Mr. Dinklage seconded. Motion passed unanimously. Mr. Cimonetti noted a number of citizens are irate about the conditions in downtown Burlington where they feel the downtown area is only for the selling of alcohol. He felt S. Burlington should be alert to concentrations of licensed premises. Mr. Dinklage moved to adjourn as Liquor Control Board and reconvene as City Council. Mr. Condos seconded. Motion passed unanimously. 8. Other Business Mr. Stitzel noted there was a damage decision on the Delorme property which left out a mortgagee, U.S. Trust Co. He said a revised order for damages was needed. Mr. Dinklage moved to sign the revised order for damages as presented by the City Attorney. Mr. Condos seconded. Motion passed unanimously. Executive Session Mr. Dinklage moved the Council adjourn and reconvene in Executive Session to discuss Dorset St. litigation and resume regular session only, to adjourn. Mr. Condos seconded. Motion passed unanimously. Regular Session The City Council resumed Regular Session. John Dinklage moved adjournment, Bill Cimonetti seconded. The Council Adjourned at 10:15 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.