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HomeMy WebLinkAboutMinutes - City Council - 07/15/1991CITY COUNCIL 15 JULY 1991 The South Burlington City Council held a meeting on Monday, 15 July 1991, at 7:30 PM, in the Conference Room, City Hall, 575 Dorset Street. Members Present: Michael Flaherty, Chairman, James Condos, William Cimonetti, Robert Chittenden Also Present: Charles Hafter, City Manager; Pat Reed, Charles Scott, Chris Cavin, Anne Lusk, Jill Coffrin, Sid Poger, Dave Maclaughlin, Jan Emerson, Dick Posey, John Kimbell, Bill & Ethel Schuele, Shelley Snyder, George Sporzynski, Laurie Parker, Lenore Budd, Joanne & Laszlo Kolozsvary, Jim Haire, Alex Blair, N. & L. Schneider, Mary Benoit, Janice Park, Sarah Dopp, Michael & Jacike Marceau, Janice Smith, Doro & Ethan Sims, Steve Stitzel, Brian Searles, Emerson & Dorothy Whitney, Roy Never, Russell & Janice Hill, Irene Irish, Michele & William Auclair, Joanne & Ron McLean, Armond Dragon, Wayne & Brittany Davis, Arthur Boyd, Nancy Bell, Francis & Deborah Leduc, Kevin Leslie, Joan Young, Paul & Jenny Heutz, Fred Hannon, Raymond Jewett, George Baccuzzi, Kim Mihan, Ellen Wilkins, Patricia Hallam, Grace & Ralph Aruzza, Shirley & Cahrles Murray, Keith & Conrad Wexelblot, Mary Goldberg, Doug Carroll, Bob Cowie, Liz Merrill, Lance Forshee, Gail & Zandy Wheeler, Al Cummings, Maurice Leduc, Laura DiVaroni, Peter Yankowski, Katherine Chase, Gary Rounds, Terry Martin, Leo Brown 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Discussion of Routing for Phase II of the South Burlington Recreation Path: Mr. Hafter advised the City has been awarded a $46,000 Land & Water Conservation Fund grant and the state will also match 50% of the federal funds ($23,000). A final route now needs to be determined. He then outlined the proposed original route with connections to Butler Farms and Oak Creek Village. He noted there have been comments from residents of Butler Farms with concerns about impact on wooded habitat and the long stretch of off-road path. Staff has relooked at the path and determined to go along main routes (Dorset St.). This would not preclude eligibility for the federal money. The main question has been a connection to the neighborhoods. There is an existing 50 ft. right of way (Old Cross Rd.) and the path could be off the road and follow a proposed road into the Butler Farms subdivision. This is the closest connection and follows public roads most of the way (and eventually all the way). It would be the intention that the path south go along Dorset St. There will be enough room for a bike lane. It would then connect to Shelburne in the pond area. Mr. Hafter then outlined the other options considered: that the path go into Oak Creek (but an easement couldn't be obtained from owners); possibly coming down Hinesburg Rd. and connecting to Kennedy Drive (but future plans show a cloverleaf intersection there). The option, if the city wants to get the grant, is down Dorset St. (off road), the Old Cross Rd., and come through the proposed street into Butler Farms. Mr. Cimonetti said he shared the opinion that the recommended route is the most practical and economical. Mr. O'Neill noted there will have to be a handicapped access. He also noted the proposed route has to be submitted by mid-August. Mr. Chittenden asked when the city could apply again if the grant is turned down now. Mr. O'Neill said if the grant is turned down, the city would probably not be looked upon favorably for a grant again. Mr. Kolozsvary said he was concerned that Butler Farms people have a chance to voice concerns. The real issue, he felt, is the preservation of wildlife and habitat. He didn't think it was right to put a path through wildlife. He felt there should be a public forum with residents of the two communities. He was also concerned with safety. He noted a list which suggested the safety record in Stowe and Burlington was not good. Police Chief Searles said he has been working to find out about safety. He said the Police Dept. feels the project is a positive thing for the community. Projects like this that use a healthy activity and have a link to neighborhoods have a positive affect on a community. He said he had looked at the Burlington and Stowe paths and found much less crime than he would have thought. He noted that over a 4-year period in Stowe, 25 of the 44 "serious" crimes involved larceny from parked cars in a very secluded area. In 27 months in Burlington, there were 71 reports to the Police, an average of 4.2 per month, less that 1/100th of a percent. He felt the bike path was one of the safest places to be in Burlington. There have been no reports of sexual assaults in either Stowe or Burlington. A majority of bad conduct cases have not been associated with the Burlington path but with the beaches and parks nearby. Chief Searles noted there is no police patrol of the path in Stowe and that in Burlington the path is patrolled by non-police personnel. He didn't feel the safety issue should stand in the way of the project. He stressed that certain city streets are not safe for bikes to be on because of the volume of traffic. Ms. Auclair asked how many officers will need to be hired to patrol the path. Chief Searles said there are no plans to hire personnel. Non-police personnel can be used, and he estimated the cost at less than $5,000 for two such people in the summer. He added he was still not sure whether this will need to be done at all. Ms. Schuele asked if there have been any problems in the secluded areas of Red Rocks Park. Chief Searles said there have not. Ms. Budd asked how the land in Oak Creek is zoned. Mr. Hafter said it is agricultural-residential, and that it is intended to be part of the city park in the future where it could have its own paths and trails. Ms. Cavin noted they have been meeting on the path for two and a half years. Meetings were in the Community Library. There have been more than 100 people joining the committee at meetings and there has been a lot of help from residents of Butler Farms, Oak Creek and Ledge Knoll. Mr. Flaherty noted that by being part of a community a person may have to give up something they would have if they weren't part of a community. Mr. Haire was concerned about bicycling near Williston Rd., noting he has seen as manyas three cars go through a light after it has turned green. Mr. Hafter said they have been meeting a long time to see if it would be feasible and safe to have the bike path cross Williston Road. They have decided not to do it. He said he realized the people on the other side of Williston Rd. will be disappointed by this. Mr. Reed of Ledge Knoll said he was very supportive of the path. He appreciated the concerns of other residents but felt some of those concern were self- serving. He said he was disappointed that most of the proposals for the path are along main roads as he hoped the path could go in more rural areas. He expressed concerns such as reckless drivers and exhaust fumes. Mr. McLean felt options should be considered. Mr. Condos said he talked with the Stowe Police Chief today and has also talked with the Burlington Chief. The Burlington Chief said there has been no increase in crime because of the path. Ken Libby, Stowe Chief, said the path "is a Godsend to the community." Chief Libby noted there is a $500 fine for any vehicle on the path, and there has been only 1 such incident since 1984. Mr. Sporzinski noted that in Boulder, Colorado, there are 42 miles of bike paths and people bike to work, thus keeping cars off the road. Ms. Stevens said she didn't want to see taxes go up because of hiring police to patrol the path. Mrs. McLean said that where she comes from 100 miles of bike path unified the community. Ms. Snyder of the Natural Resources Committee said the Committee was invited to walk the proposed path and look at the possible impact on wildlife. She felt the proposed plantings may attract wildlife. The proposed path would not have a negative impact on wildlife. Mr. Davis said in joining the Committee he wanted to do something positive for Butler Farms. He said he has used the Burlington path and it was wonderful for his family. He felt it would be good to get a link for Butler Farms to the path. He noted he had gotten 47 signatures from Butler Farms residents in favor of using the existing 60 ft. city owned right of way. Mr. Cowie said he lives 100 yards from the proposed right of way and supports the connection there. He felt it was dangerous to ride bikes on the roadways and that the path would be safer. Mr. Cimonetti clarified the status of the right of way noting the city has title to it. There is no plan to build a street there, and it seems most appropriate to use it for the recreation path now. Anne Lusk, Coordinator of the Stowe Recreation Path, noted there are a lot of myths about recreation paths such as the decrease in property values, people stealing TVs, introducing bad elements to a community, accidents, high maintenance costs, trespassing. In answer to these myths, Ms. Lusk noted property values don't go down; you can't steal a TV on a bike; there is a worse "element" in the malls, recreation paths reduce accidents, recreation paths are less expensive than hockey rinks with mowing as the main expense, there has been almost no trespassing. Regarding the grant, Ms. Lusk noted the program may not be continued and there was fierce competition for the award of the grant. Ms. Davis noted she went on the South Burlington bike path walk a year ago and thought it was a perfect thing for Vermont. Mr. McLean noted the wildlife issue is on the ridge where there are deer, hawks, coyotes. He felt a path there will disrupt the migration path of the deer. He said wildlife in South Burlington is limited and felt whatever there is should be preserved. Mr. Wheeler said many people have contributed money to get the path near their land and he supported it 100%. He was disturbed to have people upset about the use of a path near wildlife. He said wildlife is protected by people becoming involved with it and appreciating it. He felt reducing the number of car trips would be more help to the deer. He stressed that bikes need to be off the road as much as possible. Mr. Schuele said he didn't feel a bike/pedestrian path will disturb wildlife. He noted Blue Ridge Highway is loaded with deer. Ms. Smith said she was upset with people who say they weren't informed. She said that was a poor excuse. She stressed that the process has been very public. Mr. Wexelblot said he used both the Stowe and Burlington paths. He said he would like to ride out behind Butler Farms where he lives and doesn't want the path on Hinesburg Road where it is too dangerous. Mr. Condos then moved to have the City Council accept the recommendation of city staff for the South Burlington Recreation Path as noted in the City Manager's letter of 10 July 1991 with the route as designed following Dorset Street, Old Cross Road, and entering Butler Farms through the city-owned right of way and to authorize city staff to begin securing easements. Mr. Cimonetti seconded the motion. Ms. Parker said she supported the path and has worked hard for it. She stressed that all public notice provisions have been followed. She said at this point the important thing is to get going. She noted the path is not just for bikes but can be used for people in wheelchairs, walking, mothers with children in strollers, etc. She felt the path was the mark of a really civilized town. Ms. Sims noted their house is at hazard in many ways. She said there used to be more deer before Kennedy Drive. A cloverleaf could wipe out the house. But she noted a child she knew was killed on Hinesburg Road, She felt the project can connect the community in many ways and that makes her feel hopeful for the community. She noted they have had a ski path across their property for many years and there have been no problems. Mr. Sims said a lot of people's problems are due to lack of exercise and they need a safe place to jog, bike, walk. Mr. Blair said he lives on Dorset Street. Since the street was redone he can watch people coming down the road. He noted people actually say hello. He noted he has handicapped neighbors who ride bikes to their work. Ms. Budd said she has lived in the city for 2 years. It took her only two weeks to find out about the bike path, and she has been to meetings in support of it. She said they use the Burlington path and have to drive to get to it. She said she was looking forward to having a path in her own community. Ms. DiVaroni voiced similar sentiments. Mr. Dragon noted the Stowe, Burlington and Nantucket paths have a parking lot at the end of them. He was concerned that Butler Farms might become a parking lot. Ms. Lusk suggested small parking areas along the way. She also noted that greenways are wildlife pathways and that railroad beds have always been corridors for wildlife. Mr. Chittenden said he felt this issue was dividing people and so he would vote against it. In the vote that followed, the motion passed 3-1. with Mr. Chittenden voting against. 3. Interviews for South Burlington Boards & Commissions: a) Recreation Committee: (There are three vacancies with 2 incumbents willing to serve again.) The Council interviewed Jessie Pecor who said she wants to become involved in the City. She felt the Recreation Committee was doing a fantastic job and wanted to be part of it. b) Fine Arts Committee: (There are two vacancies.) The Council interviewed Ethel Schuele. Another applicant, Mary Lou Cole, was not present. Mrs. Schuele said she felt it was important that recreation include more than competitive sports. She looked forward to an arts center at the city park in the future and was grateful for being able to use school facilities until then. Mr. Cimonetti asked whether there should be more interfacing with the Council. Mrs. Schuele said the original idea was that the Committee would meet with the Council. She felt it would be nice if a Council member attended their meetings and noted there are a lot of hard working people in the recreation programs in the city. c) Natural Resources Committee: (There are three vacancies.) Incumbent Shelly Snyder said she was concerned with water and wildlife preservation. Mr. Cimonetti noted the Committee is being asked to give expert testimony on occasion and asked how Ms. Snyder felt about that. Ms. Snyder said the Committee discusses the issues in question and felt confident that the scientific backgrounds and concern for the city served them well in such instances. Mr. Schuele echoes these sentiments noting that members "do their homework" on such issues. Mr. Schuele said he would like to see more coordination in instances where people clear city land without permission. He felt the penalties were trivial compared to the damage. d) Library Board of Trustees: (There are four vacancies.) The Council interviewed Liz Merrill, Joan Young, and Katherine Chase. Ms. Merrill said she worked as a Library aide before becoming a teacher. She would like to encourage senior citizens to use the library. Ms. Young said she has retired as editor of a medical journal and is looking for a community service to do. She felt the library is a unifying element in the community and that the South Burlington Library was an excellent model to follow. Ms. Chase has worked in the Library and has a Masters in Library Science. She said she would like to share the things she has a great love for: literature, children and the South Burlington community. She is particularly interested in the use of technology. e) Red Rocks Committee: (There are 5 positions open with 4 incumbents wanting to return.) The council interviewed Barbara Bull, Peter Yankowski, and Gail Wheeler. Ms. Bull said she was concerned with the passive part of the park, especially keeping up the trails. Mr. Yankowski felt the Committee doesn't meet often enough. Mr. Cimonetti noted the pressure from condo development to use the park as their backyard. Ms. Bull noted it was hard to keep signs up. Mr. O'Neill noted that not enough money is being spent in that area. This summer the Youth Conservation Corps will be coming in for four weeks to do some needed work. Ms. Wheeler noted the park is in her backyard and felt very close to it. She was concerned with the use of motor bikes in the park. Mr. Flaherty said this may be a good time to look back and ahead to see what can be done for the future. Mr. Hafter noted the beach house roof is being redone this year. The city bought the materials and employees are doing the work. 4. Notice of Intention of employees of South Burlington Fire Department to organize a bargaining unit known as the South Burlington Career Firefighters Association; consideration of related issues: Gary Rounds, Terry Martin, and Leon Brown represented the Fire Department. Mr. Hafter recommended the City not oppose the formation of the bargaining unit. He asked that the formation be done through the Labor Board. He also noted there is a question of whether captains are eligible to join. Mr. Rounds said they have no problem with an election. The City Attorney said the process should be as follows: the proposed bargaining unit should file a petition asking to be recognized as a bargaining unit. They should identify all positions they want included (6 firefighters, 3 captains). The City should file saying they have no opposition to the 6 firefighters. There would then be a determination by the State Labor Board on this. There would then be an election. Mr. Cimonetti asked why the firefighters want to form a union. Mr. Rounds said firefighters felt there are new circumstances, and the Fire Department has unique needs that have never been addressed. Mr. Cimonetti asked if they will become part of a national organization. Mr. Rounds said no. Mr. Cimonetti asked for the item to be put on an Executive Session agenda. Mr. Condos commended the job done by the Fire Department and noted their fine community efforts. He felt it was one of the better forces in the state. 6. Minutes of 17 June: Mr. Chittenden moved the Minutes of 17 June be approved as written. Mr. Condos seconded. Motion passed unanimously. 7. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Chittenden seconded. Motion passed unanimously. Mr. Hafter said he had written a letter to all liquor license holders regarding entertainment permits. Mr. Hafter presented the following requests for catering permits: a) Wetherbees Catering for a wedding at K of C Hall, 24 August, from 5:00 PM until Midnight. b) Wetherbees Catering for a wedding 9/14 at K of C Hall from 12:30 PM until 9:30 PM. c) Wetherbees Catering for a wedding on 9/7 at K of C Hall from 11:30 AM until 9:30 PM. Mr. Cimonetti moved the Board approve the catering permits as presented. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti moved the Board approve a catering permit already approved by the City Manager for Whitecaps, Inc. to cater the annual picnic of the Burlington Business and Professional Women, held at Ridgewood Estates Common Building, 7/10 from 5:00 PM until 11:00 PM. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti noted the question of a condo association renting its common building for a public event. Mr. Condos moved the Board adjourn and reconvene as City Council. Mr. Cimonetti seconded. Motion passed unanimously. Other Business: Mr. Stitzel noted that the J.A. MacDonald Co. appeal was denied by the Court today. The Transportation Agency and Federal government have approved the award of the contract for Dorset Street to Park Construction. As soon as a contract and construction bond are received, the Agency can award the contract. Mr. Stitzel felt work could begin as early as next week. Under the agreement with GMC, the city must pay GMC $350,000 to purchase special equipment and payment should be made within 10 days of the award of the contract. The Council needs to authorize the City Manager to make the payment. Mr. Condos moved to authorize the City Manager to make payment to GMC in the amount of $350,000. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Hafter noted there are plans for a groundbreaking ceremony. EXECUTIVE SESSION: Mr. Condos moved the Council meet in Executive Session to discuss appointments to Boards and Commissions and resume regular session only to make such appointments and/or adjourn. Mr. Cimonetti seconded. Motion passed unanimously. REGULAR SESSION: The City Council returned to regular session. Jim Condos moved the following appointments and Bob Chittenden seconded: Recreation Committee: Jessie Pecor 3-year term (91-94) Fine Arts Committee: Ethel Schuele 3-year term (91-94) Natural Resources Committee: Shelly Snyder 3-year term (91-94) Bill Schuele 3-year term (91-94) Library Board of Trustees: Amy Spokes 2-year term (91-93) Liz Merrill 3-year term (91-94) Joan Young 3-year term (91-94) Katherine Chase 3-year term (91-94) Red Rocks Committee (one-year terms) Barbara Bull Peter Yankowski Gail Wheeler Ethel Schuele The motion passed unanimously. Bill Cimonetti moved adjournment, Jim Condos seconded. The meeting adjourned at 12:30 AM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.