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HomeMy WebLinkAboutMinutes - City Council - 10/01/1990CITY COUNCIL MINUTES CITY COUNCIL 01 OCTOBER 1990 The South Burlington City Council held a regular meeting on Monday 01 October 1990, at 7:30 PM, 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; Albert Audette, Superintendent of Highways; John Wood, Agency of Transportation; William Szymanski, City Engineer; James Godette, Fire Chief; Margaret Picard, City Clerk; Anne Geggis, Burlington Free Press; Sid Poger, The Other Paper; Natalie Boreoh, WCAX-TV; Joe Carrol, WCAX-TV; Bob Chittenden, L.A. Demers 1. Comments and Questions from the Public (not related to agenda items) No issues were raised. 2. Discussion following the Study of the Lime Kiln Bridge Mr. Hafter read a letter sent to him by the Agency of Transportation stating that a study had been completed of the Lime Kiln Bridge and the study indicated that the bridge is unsafe for travel. The State suggested that the bridge be closed to all heavy traffic and open to only automobile traffic. Because it would be extremely difficult to control light auto traffic, it was decided that it would be in the best interest of all users to close the bridge to all traffic. Mr. Szymanski thought that if we were to begin repairs on the bridge immediately it should be completed within 4 to 6 months. Mr. Cimonetti felt it important that the City of South Burlington take on the responsibility to initiate the repairs immediately. The Town of Colchester has agreed to support South Burlington in whatever decisions have to be made concerning the closing of the Lime Kiln Bridge. Mr. Dinklage moved that based on the letter dated September 27, 1990 from the State Agency of Transportation, the City Council of South Burlington orders the closure of Limekiln Bridge as of 12:00 noon October 2, 1990 and the continued closure until such time as necessary repairs are finished and Further resolve that Mr. Audette be instructed to post all necessary signs to make the public aware of the bridge closing. And instruct the City Manager to work with the City Manager of Colchester to expedite initial repair work. Mr. Condos seconded this motion. The motion was passed unanimously. Mr. Dinklage suggested that all avenues are explored when planning for the payment of the repairs. Both Federal and State funding should be examined. This is a bridge on the Federal urban system. Mr. Hafter stated that this bridge was last inspected two years ago and this problem was not present at that time. Mr. Szymanski pointed out that this problem is not only caused by heavy weight but there is a bearing plate that could have frozen up and sheared off. Mr. Szymanski also explained that the repairs that were done to the bridge in 1968 still look perfect. Mr. Condos mentioned that he noticed the damage done to the deck itself. 3. Consideration of Letter of Resignation dated October 1, 1990 of John Belter from Planning Commission Chairman Farrar read a letter of resignation from John Belter requesting dismissal from the Planning Commission. Mr. Cimonetti made a motion to accept Mr. Belter's resignation. Mr. Dinklage seconded this motion. The motion was unanimously passed. 4. Public Hearing on the Application to construct a 20' x 40' addition on the northern side of a single family dwelling on Dorset Street within the Interim Zoning Regulations. Mr. Farrar pointed out that normally the Council does not get involved in this type of application but since we have Interim zoning in this area we have to serve as the Planning Commission. The request is to construct a 20' x 40' addition on the northern side of a one-level single family dwelling. The parcel involved contains 42.9 acres and served by a 60' right-of-way off Dorset Street. The house sits back approximately 1500' from Dorset Street and exceeds the minimum setback of (50') from any property line. The addition is a 13' x 19' master bedroom and bath and a 16' x 19' library/study/lounge. The house is surrounded by woods and not visible from Dorset Street. The water and sewer are private and not affected by the addition. Under permanent zoning the area in question is agricultural and rural district. Mr. Demers was present to speak to the application. This application is dated September 19, 1990. Mr. Dinklage felt that this is consistent with the kind of development that the City wants to encourage in this area. Based on the presentation before Council and the memo from the zoning administration: Mr. Dinklage moves that Council instructs the City Attorney to draw findings and facts supporting this application. Mr. Condos seconded this motion. No further discussion. The application was passed unanimously. 5. Approval of Government Access Channel Trust Agreement Mr. Farrar asked that a motion be made to waive the reading of the 10-11 page request agreement and memo from City Manager. Mr. Dinklage made the motion to waive the reading of the document and Mr. Condos seconded the motion. The motion was passed. Mr. Hafter raised the question as to what would happen to the funds in the unlikely event that this trust were to be dissolved and the present language would indicate that correspondents would have to be used for governmental access purposes, basically. That is perfectly justified as long as those funds are from Adelphia Cable. Mr. Hafter points out that some of these funds may come from another source, so perhaps we should discuss the modification of the language. Mr. Cimonetti expressed concern over the statement that those remaining municipalities after the withdrawal of a municipality may be expected to reimburse or compensate in some amount the withdrawn municipality. Mr. Cimonetti did not like the allocation that this implies. There is some uncomfortable language in the agreement. Mr. Condos made a motion to sign the trust agreement. Mr. Dinklage seconded this motion. The motion was passed. The City Manager was instructed to work with Delegate Flaherty to make sure that the wording of the agreement is improved. 6. Acceptance of Dedication of Gregory Drive and Green Tree Drive Chairman Farrar asked Mr. Audette, Highway Superintendent, if both Gregory Drive and Green Tree Drive were ready to be dedicated at this time. Mr. Audette explained that 1,457' of Gregory Drive is ready and 760' of Green Tree Drive is also ready. Mr. Cimonetti made a motion that the portion of Gregory Drive that is not encumbered by a bond shall be accepted and Green Tree Drive should be accepted in its entirety. Mr. Dinklage seconded this motion. The motion was passed. Chairman Farrar asked that Mr. Hafter present the appropriate resolution defining the status of Gregory Drive to Council at the next Council meeting. 7. Status Report from Highway Department, Albert (Sonny) Audette, Superintendent Mr. Audette handed out additional information to add to the information Council had. There are two 5-year plans, one that the City is presently operating under, dated February 16, 1990. It also shows '89-'90 construction programs. All are complete except the Shelburne Road sidewalks, Shamrock, and Barrett Street sidewalks. Barrett Street will be done construction is completed. Mr. Dinklage asked if we have plans to complete the sidewalks along Hinesburg Road all the way to Kennedy Drive. Mr. Audette explained that the sidewalks were completed almost all the way up to Old Farm Road. It is complete from Williston Road to Kennedy Drive. The Shelburne Road sidewalks have been held up due to the Shelburne Road construction that is to take place. The sidewalks are to be included in the construction. From Mr. Audette's perspective the Shelburne Road project will take place in '94-'95. On the new 5-year plan none of the '90-'91 projects are completed. The drainage on Allen Road has been completed, the Kimball Avenue water line is being installed, Ethan Allen Drive has been held up due to the sewer line construction, and the other projects will be done between now and July 1, 1991. Originally Dorset Street construction was to be started this Fall but due to the weather and other projects piling up, Mr. Audette plans to hold off on this project until Spring '91. He is concerned that with a change in the weather the project would have to be stopped half way through. He would like to complete this job in June. Overlook Park has been a project that has held up other projects. Mr. Chittenden asked for assurance that the Dorset Street South will be completed during the Spring of '91. He felt that several times he has been assured by the City that the work would be done with no results. Mr. Cimonetti asked how much of the $140,000 includes City labor for this job. Mr. Audette stated that this does not include any City labor. Mr. Audette also explained that this project is about a 6-week project and already the City has three other projects going. There was concern shown over the fact that the cost of asphalt may go up in price by next spring, so it may be important to press to do the job this fall. Mr. Audette express that he does not mind if a contractor is called in to do the job, he is only trying to stretch the monies as far as possible. The jobs that would have to be put aside to move the Dorset Street South project into this Fall are: sidewalks, small drainage on Prouty Parkway, majority of work on Dumont Avenue and Barrett Street. Sonny pointed out to Council how difficult it was to find part-time summer help and; therefore, the Highway Department had a slow start in their park maintenance. The summer help started in July. The Department received many compliments from S.B. Citizens. Mr. Cimonetti expressed his concern over the maintenance of Overlook Park. He suggested that the receptacles be checked daily and the Landscape Architects continue their follow-up care through this Fall. There was also a real concern for the plan of snow removal from the park this winter. Mr. Cimonetti requested that Mr. Audette present a snow removal plan to Council in hopes that this will prevent closing of Overlook Park due to snow. Mr. Cimonetti suggested that at the time that the City repaves Allen Road we should request that they extend the width by 2 1/2' and 3' as was done on Hinesburg Road. This would allow for runners and cyclist. Mr. Audette stated that all cemeteries have been cleaned up and surveyed. He plans on taking an inventory on all City streets of power, sewers, drainage, etc. in the next 2 years. There is still question as to what the S. B. School District's plans are regarding storage of the school buses. The City equipment is still stored outside and for some equipment this is not the wise thing to be doing. The Highway Department drew up a plan for the school with the intention of storing school buses in the Central School area. Mr. Hafter will ask that this concern be reviewed at the next Steering Committee meeting. 8. Mr. Dinklage expressed concern following a Recycling Committee meeting held in reference to household hazardous waste. At this meeting it was stated the City of South Burlington generates substantially more refuse that any other area community. South Burlington will be charged for its excessive usage and; therefore, Council is most concerned about how these statistics were calculated. Mr. Cimonetti expressed his concern over the fact that he does not believe this statement and feels that there are many haulers dumping refuse in the landfill that are not South Burlington haulers. We do not weigh our refuse it is measured in cubic feet. This would also create question when comparing our refuse to other communities. We have a good reference when stating the usage in cubic yards, but it is not reliable data when stated in tons. There are major questions when discussing the South Burlington Landfill: 1. How much trash do we generate and receive at the South Burlington Landfill vs. how much trash do other landfills receive? 2. Whose trash is going in the South Burlington Landfill? 3. South Burlington is on record as refusing to receive any trash that is not South Burlington trash. Do we enforce this policy? 4. Do we have any reliable data regarding the landfill other than perhaps Burlington's? Mr. Dinklage asked Mr. Audette how we determine what the total contribution of South Burlington should be based on what we know when speaking of the amount per household levy. Mr. Cimonetti pointed out the Mike Smith stated that the Solid Waste District is going to undertake a study of the burden. Mr. Cimonetti would like to not have this as our reference and we not rely on their study. He would encourage the City of South Burlington to do our own study and analysis. Mr. Cimonetti asked the Council to recognize the responsibility presented by the landfill and encourages the enforcement of the landfill regulations. We should make it known that we will not accept any refuse from other communities. First thing that should be done is to put the haulers on notice. If the cost is too high to enforce the rules and regulations at the landfill, maybe we should change the rules and regulations or disregard them. Mr. Cimonetti feels that if we have them, we should reinforce them. We do have penalty charges but Mr. Hafter does not know of them being enforced. He does know of haulers being turned away, because he has received calls about twice a week from irate haulers. Mr. Condos expressed that the only solution that he has heard is that Williston and Burlington feel that we should raise our landfill rates. He does not agree with this at all. They are asking us to put an unfair tax on our citizens because we have a problem that they don't like. If we can manage our landfill at a reasonable rate he sees no reason to put the increased financial burden on our citizens. It was requested that Mr. Hafter and Mr. Audette review the problem and concerns and present to Council their thoughts and solutions. Mr. Dinklage wants to make sure that we understand agree with the assumptions that have gone into the determining what South Burlington's fair share of this proposed assessment if the household hazardous waste does go through. We want to make sure that we have a defensible position on it if there is an assumption built in that we pay twice as much because we produce twice as much trash as the average Chittenden County community. That would reflect an unfair assessment. Chairman Farrar asked Mr. Audette if we should request that the Solid Waste District present their numbers in cubic yards instead of tons until they are able to get scales in all of our landfills. Each packer packs differently which makes it difficult to come up with accurate numbers. Mr. Dinklage pointed out that following the meeting with the Recycling Committee there were many questions raised and suggestions made which would require that the Solid Waste District revisit many issues. He was not satisfied with information given in regard to size of containers for holding, the cost of containers, and regulations that are in place. The cost of the project is a real concern to those that attended the meeting. Council is anxious to have the Solid Waste District take the time and effort to review creative ways to solve our household waste concerns. It is important that the waste facilities that are already in place be considered first before making plans for high cost facilities. It is important that we make certain that every dollar spent in recycling is spent wisely. 9. Mr. Condos answered Mr. Hafter's memo and requested that the item 6B on the Agenda, Mountain Cable Company, be placed on our next agenda. 10. Mr. Hafter was asked to update and inform those present about the Potash Brook Study. This study is a three-stage study: a. It is a very specific test behind the beaver colonies, testing the type of pollution, its origin. Which beaver have an impact on the water quality and which do not. b. Time of travel study. c. Work with the State to devise a solution to the problem. Mr. Hafter stated that the results of the tests will be indicated this fall. Mr. Dinklage suggested that we remain proactive with this project and act as facilitators and mediators, including calling upon extension services to educate farmers. Another suggestion Mr. Dinklage had was to facilitate a plan to walk the waterways periodically. 11. Mr. Hafter reminded everyone of the Szymanski Park dedication which is to be held on October 6, 1990 at 10:00 AM. The Overlook Park dedication will be held from 4:40 PM until 6:30 PM on the same date. 12. Sign Disbursement Orders Disbursement orders were signed. 13. Minutes of 09/10/90 and 09/17/90 Mr. Condos moved the Minutes of 09/10 and 09/17 be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 14. Discussion of the Bartlett's Bay Capacity Mr. Cimonetti mentioned that he had read someplace that Barlett's Bay does not have the capacity for the Milot development. Chairman Farrar explained that the Planning Board will explore options for the Bartlett's Bay Plant and return to Council with some answers. Because of the exceedingly wet spring this year the infiltration is now higher that average. We are at this time processing all of the water that we can. We need to entertain a study to determine the capacity. The South End of the City is experiencing more problems than other parts of South Burlington. Any new proposals of any kind have been put on hold until the study is completed. A number of possibilities are being explored. It may be much cheaper to build a new holding than to build a new plant. Mr. Dinklage asked if we had a City Ordinance that would protect this situation and deal with this? 15. Mr. Dinklage moved the Council meet in Executive Session to discuss litigation, contract negotiations, and personnel matters and to resume regular session only to adjourn. Mr. Condos seconded. Motion passed unanimously. Adjournment The City Council returned to regular session. Jim Condos moved adjournment, Bill Cimonetti seconded. The meeting adjourned at 10:40 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.