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HomeMy WebLinkAboutMinutes - City Council - 08/05/1991CITY COUNCIL 5 AUGUST 1991 The South Burlington City Council held a meeting on Monday, 5 August 1991, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: Michael Flaherty, Chairman; John Dinklage, James Condos, William Cimonetti, Robert Chittenden Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; Peg Strait, Ralph Goodrich, Maurice Goodrich, Harry Behney, Bob Irish, Peter Jacob, Fred Maher, Jean McCandless, Ellen Waite, Pamela Moody, Susan Pritchard, Mary Lou Cole, Clarice Fisher, Moe Cloutier, Larry Kupferman, Jim Gears, Sylvia Smith, Fred Blais, Dale Kleppinger, Paul Farrar, Michael Sheridan, Adam Bridge, Cathy O'Brien Searles, Emerson & Dorothy Whitney, Roy Never, Russell & Janice 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Interviews for Appointments to Boards & Commission: a) Red Rocks Park: The Council interviewed Larry Kupferman and Pamela Moody. Mr. Kupferman is a neighbor of the park and wants to lend a hand to whaterever happens. He would enjoy trail maintenance and is also interested in water quality. He felt it important to maintain control of the access. He noted that traffic is a concern to the neighborhood. Ms. Moody has been looking to become active in the city and has started going to the park regularly. She would like to see easier access from the parking lot down to the park, and noted that a lot of older people and handicapped people have a problem. She suggested a soda machine be available during the summer. b) Fine Arts Committee: The Council interviewed Mary Lou Cole. Ms. Cole was on the Committee for seven years before going back to college. She felt she had talents to contribute. c) Natural Resources: Members interviewed Sylvia Smith. Ms. Smith said she cares very much about South Burlington and feels there needs to be a good mix of open and occupied space. Members thanked Ms. Smith for her past contributions. Mr. Dinklage said he felt it is good to have the Natural Resources Committee act as a sounding board for the Planning Commission. d) Chittenden Correctional Center Liaison Committee: The Council interviewed Moe Cloutier, Clarice Fisher, Fred Blais, Susan Pritchard, James Gears. The City Manager is also a member of this Committee. Mr. Flaherty noted the Committee is meeting on 21 August. Mr. Cloutier noted the facility is designed for 77 inmates and is now housing 220. They are going to spend a lot for improvement and he is concerned as a resident of the neighborhood. Ms. Fisher noted one of the improvements will be to separate administrative offices from the rest of the facility. She felt this was important. Ms. Pritchard said she wants to contribute to the neighborhood and the community. She said there is a question of whether they Center is required to come before the Planning Commission with their plans. Mr. Cimonetti said it was his understanding that they will abide by community protocol. Mr. Cloutier suggested a legislator be on the committee and also suggested the committee meet before the meeting with the state. Mr. Flaherty appointed Mr. Hafter as acting Chairman of the Committee. e) City Charter Committee: The Council interviewed Fred Maher, Bob Irish, Dale Kleppinger, Paul Farrar. Other members are Howard Perkett and Peter Taylor. Mr. Maher noted the committee responds to requests from the City Council and saw no need to "freelance." Mr. Farrar said that having had a chance to follow the Charter for many years he felt it was a unique document that has served well. He felt it will be interesting to see how the implementation of the new reappraisal procedure goes. Mr. Irish said he welcomes the opportunity to participate on the Committee. f). Committee on Social Responsibility: The Council interviewd Jean McCandless and Ellen Waite. Mary Scollins is also on the Committee. Ms. Waite noted that the Committee has really prioritized how various agencies serve South Burlington citizens. Ms. McCandless asked the Council to be aware that there will be even more difficult funding issues as federal and state resources dry up. Mr. Flaherty noted there are two more openings on the Committee and both Jim Gears and Pamela Moody said they would be interested in serving. Mr. Cimonetti said he would like to see the Committee come before the Council more often to let them know what is going on in the allocations process. Mr. Condos thanked the Committee for its growth in means of presentation. Mr. Dinklage added that he felt the citizens of the city are much better served since this Committee was formed. 3. Council Review of Proposed Green Acres Industrial Park, Hinesburg Road: Mr. Jacob noted all lots will be over 10 acres and there will be one 145 acre lot not being developed at this time. Mr. Jacob noted there is a drainage ditch through the Dynapower property that comes out on this property and bisects the property. There are also residential neighbors. This will require that the building on lot 2 go 10 ft. into the ground. One of the lots will be only 150 ft. from the residential neighbors. They will try to line up the lots so only lot 5 will have direct access onto the major road. Mr. Jacob then summarized the history of the ditch along the residential backyards and the plans to correct the situation. He also showed the route of the recreation path. He said that althought a path is desired around the quarry, there would be a liability problem and the applicant doesn't want the path there. The propose to make a buffer zone that is really a buffer. They would build a meandering stream at least 50 ft. from any property line and create berms with plantings. There would be a 60 ft. right of way with a walking path. This would tie into the pond on the southerly side. Mr. Jacob noted the neighbors are concerned about motor bikes, skidoos, etc., so the city would have to police the path. He added that the Natural Resources Committee likes the idea of the path and both the Planner and neighbors agree. The concern for views from Hinesburg Rd. was then considered Pictures were shown and measurements discussed. A determination will be made as to building heights so that views are not blocked. Mr. Jacob then discussed the problem with lot 3 and its proximity to residential neighbors. If a ditch can be eliminated, the footprint of the building can be moved 50 ft. further away, creating a 150 ft. corridor. If lots 2 & 3 could be sold as one unit, the building could be even further away. There is an area near the lot which is owned by Mr. Reilly, also a parcel owned by Davis. If those could be added together, they could close 2 Hinesburg Rd. curb cuts. This would require a zoning change to allow the addition of this lot to another lot. Mr. Flaherty asked Mr. Jacob to address the ten issues cited in the City Planner's memo. Mr. Jacob said the applicant would prefer to build the sidewalk instead of paying. Mr. Weith said that Mr. Audette would prefer the money. Regarding the wetland, Mr. Jacob said they don't yet have the official report on lots 5 and 7. Mr. Dinklage asked about putting more water into the pond. Mr. Jacob explained the proposed piping of runoff and felt the situation will be better than it is now. Regarding traffic, Ms. Pedersen said they received comments from Craig Leiner of Regional Planning. There was a request to study two Dorset St. intersections and a request to update figures in the report to the new ITE 5th edition. She noted that the State has already approved the method they used and there could be a problem if they changed it now. Mr. Cimonetti noted the figures will be off if a full I-89 interchange goes into the neighborhood. Mr. Dinklage said he felt that sometimes fears of liability get in the way of doing things that are right. He felt there could be a way found to get a recreation path near the quarry and solve the liability problem. He didn't feel it is any different from proposing a path to the lake where people can also fall in. Mr. Jacob said they can foresee a office complex around the quarry and a path then. Mr. Behny said GBIC is interested in this piece of land. They are concerned there can be only one occupant per lot and would like to see multiple tenants with one owner. Cathy O'Brien of Natural Resources Committee noted they had submitted a letter regarding this proposed development. She said they are pleased with ways they've come up with to solve some of the problems. They have been receptive to getting the stream out of the wetlands and the Committee is concerned that this be done on an up front basis instead of lot by lot. They would also like landscaping to include native species. She noted the ditch is currently lowering the water level of the wetland and they want to see the wetland restored to its previous level. They would also like to see a path around the quarry. Mr. Chittenden said he supports the plan and doesn't want to see it held up because of the quarry. 4. Review of Proposed Budget for Solid Waste District for Fy 92; Consideration of approval: New General Manager Fred Moody was introduced. Mr. Cimonetti said he supports the questions the City Manager raised in his memo and suggested the Council not approve the budget until the questions are answered. Mr. Flaherty noted the problem of warning public meetings in time to meet the Districts deadline. He also noted that the proposed budget is more than that of the City of S. Burlington and includes $250,000 for legal consulting. He suggested the District hire its own firm. Mr. Moody said the budget for a staff attorney wouldn't have allowed them to get an experienced person and the person they got would have been ineffectual for a period of time when critical decisions had to be made. Mr. Cimonetti asked by what rationale the $250,000 figure was arrived at. Mr. Moody said he didn't feel that much was needed and they would try to use the attorney more judiciously than his predecessor had. He felt that without the potential for condemnation, $75,000- 85,000 was a reasonable figure. Condemnation could cost over $100,000. Mr. Dinklage suggested putting aside $100,000 for condemnation and not spending that money for anything else. Mr. Moody then outlined the various hours spent for different legal services including: bonding, charter amendments, host town agreement, household hazardous waste, design, permitting, etc. He noted they are "inventing the wheel" in many ways. Mr. Dinklage said he felt the District's challenge was to approach this in other ways, such as finding the scope of work and putting it out to bid. Members then questioned the purchase of adjacent properties which, they said was very expensive. Mr. Flaherty asked what will happen to the properties. Mr. Moody said they will be rented or resold as all the owners want to relocate. Mr. Dinklage asked if the project could be done without purchasing the properties. Mr. Moody said it could and owners could be compensated for the difference in value from the pre to post landfill states. Mr. Dinklage asked if that compensation would be near $1.7MM. Mr. Moody said it wouldn't but the amount would not include such amenities as might have to be provided such as a park, etc. That would exceed the $1.7MM figure. Mr Dinklage asked if the District couldn't do what the city does with condemnation for roads: let the project go on and declare you will compensate owners for loss of value. He felt the homes did not have to be purchased. Mr. Condos noted that the town of Williston has said they will not support the siting of the landfill unless homeowners are compensated adequately. Mr. Dinklage said he isn't suggesting this not be done but he felt the proposed plan was expensive and cumbersome. Mr. Moody noted the homeowners have joined together and hired an attorney. This could delay the permitting process and become even more expensive. Mr. Condos said there is a precedent for purchase of residential property. Mr. Cimonetti asked where the $1.7MM figure came from and whether it was from assessed values. Mr. Moody said it was based on appreciated appraised values plus allowances for closing, moving, and some intangible site development costs, increase in mortgages, taxes, etc. Mr. Cimonetti felt that was a gold-plated buyout. Regarding the budget for lobbying, Mr. Cimonetti asked why, if the state doesn't find it right to finance lobbying, should the communities have to pay for this. And why $30,000. Mr. Moody said the money won't be spent unless needed. $30,000 is a guess. $18,000 was spent this year. Mr. Dinklage felt the District's staff can be used to lobby. Regarding the hazardous waste facility, Mr. Cimonetti asked if there is a management contract. Mr. Moody said there is. Mr. Cimonetti asked if there is a capital payback. Mr. Moody said there is a bank loan, and all expenses are covered by the special assessment. Mr. Hafter asked where the District is on the bond vote. Mr. Moody said they would like to go to the voters for $14,000,000. This might be scaled back and get only a few facilities on line for next year. Mr. Hafter asked if all goes well when construction would start. Mr. Moody said any time after April, 1992. He said it would require 60-90 days construction to get a cell open. Mr. Condos outlined where the facility proposes to be a year from now: there would be an interim landfill ready for construction, there would be a composting facility ready for construction, the landfill would be permitted, there would be refinement in recycling methods, they would hope to have a clear directive as to the role of the private sector, the household hazardous waste facility should be operational, and district offices will be finalized and relocated, if necessary. Members asked Mr. Moody if he could come back with answers to their questions within a week. Mr. Cimonetti asked for him to come back with a lower budget figure. Mr. Moody said he wasn't sure he could do that as the budget was approved by the Board. He said if a majority of members don't approve the budget, it would have to be redrawn. Mr. Cimonetti then moved the Council disapprove the Chittenden Solid Waste District budget due to apparent contingencies not being identified or restricted and that the District be requested to restructure the budget with identification and restrictions on those contingencies so they appear only as contingencies. These include legal fees, lobbying fees, residential property acquisiting, and others. Mr. Dinklage seconded. After a brief discussion, the motion passed 3-2 with Messrs. Flaherty and Condos opposing. 5. Continued discussion of feasibility study proposal by Chittenden Regional Solid Waste Management District for location of a Regional Composting Facility on landfill site adjacent to Airport Parkway Waste Water Treatment Facility: Dubois and King were hired to do the study for $24,700. Various systems are now being evaluated. Mr. Moody noted various types of possible systems: in-vessel composting, pelletizing, stabilizing. Cost estimates on these types will be prepared. They preferred sites will be chosen. Different systems require more or less land. He noted S. Burlington has some land near the landfill and Burlington has land near the Intervale. There is also a site in Williston. After site evaluation is done, there will be a recommendation. If the S. Burlington site is chosen, parameters would be worked out. Mr. Flaherty asked if a community can refuse if they are chosen. Mr. Moody said the voluntary nature is important and noted there are advantages to being the host community. Mr. Dinklage said he would be comfortable with this as long as it is made clear that the land in question is zoned Industrial and compensation would be based on that fact. Mr. Dinklage asked that the City Manager draft a resolution incorporating the Council's concerns: that the facility pay taxes, and that the property be treated as prime property. Mr. Dinklage then moved that the City participate with the Solid Waste District in a feasibility study for a regional composting facility under the conditions that this site be one of several studied by the District, that the District treat this property as developable commercial property with the understanding that its use of this property for a composting facility would require that the District pay taxes equivalent to commercial use, and that it is understood that there is no obligation on the part of the City of South Burlington to make this land available to the Solid Waste District. Mr. Condos seconded. Motion passed 4-1 with Mr. Cimonetti voting against. 6. Approval of Refunding notes for municipal vehicles and equipment: Mr. Hafter presenting the refunding notes of the fire tower truck, engine #1 and the sewer vac. Mr. Cimonetti moved the Council sign the notes and resolutions. Mr. Dinklage seconded. Motion passed unanimously. 7. Consideration of Schedule for Review and Adoption of Southeast Quadrant Zoning and Comprehensive Plan amendments: Mr. Weith said he felt the Commission could meet the schedule and that the Commission had approved it. 8. Minutes of 24 June, 26 June, and 23 July: Mr. Dinklage moved the Minutes of 24 June, 26 June and 23 July be approved as written. Mr. Condos seconded. Motion passed unanimously. 9. Review Planning and Zoning Board Agendas: Mr. Condos noted that Item #4 on the Zoning agenda is a request from Paul Adams to come within 15 ft. of a residential district, and he felt this was an encroachment on a residential district by a commercial structure. Members agreed, and the City Manager will send a note to the Zoning Board to this affect. 10. Sign Disbursement Orders; Disbursement orders were signed. Executive Session: Mr. Dinklage moved the Council adjourn and reconvene in Executive Session to discuss appointments to Boards and Committies and Dorset St. litigation and to resume regular session only to make appointments and/or adjourn. Mr. Cimonetti seconded. Motion passed unanimously. The Council returned to regular session. John Dinklage moved the appointment of Pamela Moody and Larry Kupferman to the Red Rocks Committee for 1991-92. Jim Condos seconded. The motion passed unanimously. John Dinklage moved the appointment of Mary Lou Cole to the Fine Arts Committee for a three-year term (1991-94). Jim Condos seconded the motion passed unanimously. John Dinklage moved the appointment of Sylvia Smith to the Natural Resources Committee to serve a three year term (1991-94). Jim Condos seconded. The motion passed unanimously. John Dinklage moved the appointment of Mary Anne Gucciardi and Richard Leopold to the Recreation Committee for three year terms (1991-94. Jim Condos seconded. Bill Cimonetti stated he would vote against applicants who did not come in for interview. He had no feelings against these individuals but felt they should have appeared. Bob Chittenden state he would abstain on voting for the applicants who did not appear since he did not know them. The motion passed 3-1 with 1 absentia. John Dinklage moved appointment of Maurice Cloutier, Fred Blais, Clarice Fisher, Susan Pritchard, James Gears, Bill Cimonetti, and Chuck Hafter to the Correctional Center Liaison Committee for 1991-92. Jim Condos seconded. The motion passed unanimously. John Dinklage moved appointment of Fred Maher, Dale Kleppinger, Robert Irish and Paul Farrar to the City Charter Committee for 1991-92. Jim Condos seconded. The motion passed unanimously. John Dinklage moved appointment of Peter Taylor and Howard Perkett to the City Charter Committee for 1991-1992. Jim Condos seconded. The motion passed 3-1 with 1 abstention. John Dinklage moved appointing Jean McCandless, Ellen Waite, James Gear and Pamela Moody on Social Responsibility for 1991-1992. Jim Condos seconded. The motion passed unanimously. John Dinklage moved appointing Mary Scollin to the Committee on Social Responsibility for 1991-1992. Jim Condos seconded. The motion passed 3-1 with 1 abstentia. Bill Cimonetti moved adjournment. Bob Chittenden seconded. The motion passed unanimously. The meeting adjourned at 12:15 a.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.