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Minutes - City Council - 12/20/1993
CITY COUNCIL 20 DECEMBER 1993 The South Burlington City Council held a regular meeting on Monday 20 December 1993, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; James Condos, John Dinklage, Robert Chittenden, William Cimonetti Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Steve Stitzel, City Attorney; Sonny Audette, Street Dept; Brian Searles, Lee Graham, Police Dept; Joe Weith, City Planner; Michael Sheridan, Channel 17; James Carver, Postmaster; Jim Leas, Eric Fleggenheimer, John Kennedy, Littleton Long, Dave McLaughlin, Gary Jerkowitz, Steve Incavo, Bill Gilbert, Steve Crampton, Dennis Johnston 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Discussion of Signage for 300 Block of Dorset St: Mr. Fleggenheimer, owner of a Dorset St. business, said that a number of merchants on the block feel it is unfair that they don't have a median cut. The odd-even numbering system is not working and people are having a hard time figuring out how to get to their businesses. At the least, they want to see a sign that will direct people to various businesses. Mr. Condos noted that this would be in violation of state law. Mr. Hafter and Council members explained the limitations of the law. Basically, there cannot be a sign for a business on the same street as the business. There must also be a designated number of feet between signs. Mr. Hafter suggested reconvening the sign committee to look into the problem and see what suggestions they can make. Mr. Chittenden said he felt the median was wrong and the street should be opened up for businesses. Mr. Condos moved to reactivate the Dorset St. sign committee to specifically look at the San Remo block and to include in the sessions any Dorset St. businesses that wish to be include. Mr. Dinklage seconded. Motion passed unanimously. Mr. Kennedy presented a petition signed by customers in his business. He said Dorset St. was always a commercial street. Now it's just a thoroughfare to the Mall. 3. Discussion with Representatives from Butler Farms & Jim Carver, Postmaster, on Central Mailbox Delivery: Jim Leas of Butler Farms said they key issue is safety. He said their mailboxes are located in an area with no trees, no protections from snow and wind. There is also a drainage problem which causes melting snow to remain on the surface and freeze. Mr. Leas said his wife had a serious injury last winter, and other residents have fallen in the area. Everyone agrees it is a dangerous situation, even the Post Office personnel. Mr. Leas said the residents would like to propose an ordinance that would establish standards for central mailbox delivery. What they ultimately want is either door deliver or curbside delivery. Mr. Leas noted that their postal delivery man, Dave McGowan, would prefer curbside delivery. It wouldn't be a substantial difference in time, as he wouldn't have to get out of his vehicle. Residents feel that if there is an ordinance that makes central delivery unfeasible, the Post Office and the residents will all be better off. Postmaster Carver said there are 2 rural routes in S. Burlington. Rural routes are paid for on evaluation of the route, based on number of boxes, number of miles, and a count of mail. This is a nationwide system. The route in question has about 500 deliveries, about 325 of those are at central delivery locations. Mr. Carver said they try to work early with a developer to establish a central delivery system. This is cheapest for the Post Office. He acknowledged there is a problem at Butler Farms in the winter. Typically, Mr. Carver said, clearance to the mailboxes is the responsibility of the receiver. He has encouraged residents to form an association to take care of this. It appears, however, that this is hard to do. The Post Office has thus instructed their people to clear the way to the boxes. Mr. Carver said he has written to his district headquarters for permission to construct a shelter for the boxes. He felt this would take care of the hazards. The shelter would be 3-sided with a roof. Mr. Condos noted the Post Office would probably have to go to the Zoning Board and/or Planning Commission for approval to construct such a shelter. Mr. Cimonetti asked what it would take to change to curbside delivery. Mr. Carver said he has the authority to do it. In this case, he estimated, it would cost an additional $3,000 a year (from $16,000 to $19,000). He felt if it were done in this case, other developments would also want curbside delivery. Mr. Carver assumed the proposed shelter would cost $3,000 to $4,000 and that plowing would cost $30. per event. Mr. Chittenden encouraged the structure as a starter. Mr. Condos said he didn't see how an ordinance could be made retroactive to help Butler Farms. He felt that developers should be responsible for protecting the delivery area. Dr. Incavo of Buter Farms said the issue is that they can't get their mail safely. Everyone acknowledges the problem. It is the residents who are stuck in the middle. He said that no one would even listen to them until someone was badly hurt. He said they live 1/2 a mile from the mailboxes. Residents can't walk that distance, shovel in hand, and then have to shovel out their mailboxes. He explained that they can't have a homeowners association because of an agreement with the developer that there won't be an association until all the lots are sold. Mr. Audette said there would have to be a determination of who is responsible for upkeep of the shelter. He said there is also a question of who owns the property. Mr. Carver said he hopes to know within a month whether the district will fund a structure. He said he would agree to keep it clear this winter. Diana Whalen said she didn't think a shelter would help. The area isn't lighted and the only street light is way down on Hinesburg Rd. The drainage problem is also serious. She said she has personally fallen on the ice and been hurt. She said residents get much better service from UPS than from the Post Office. She said she wants curbside delivery. Mr. Condos noted receipt of a letter from a resident who does not want curbside delivery. Mr. Leas said there are 4 people who feel that way. He felt they should have central delivery and let the rest of the residents have curbside. He stressed that the safety of the public is in question under the present system. Mr. Cimonetti felt that residents should form a mail delivery association. He noted that an Ordinance can only impact the citizens of South Burlington. Mr. Condos asked about the developer's position in this. Mr. Leas said he talked with the developer's wife. She was concerned when she heard someone was hurt but no action was taken. The developer hasn't responded to letters from the Postal Service. Mr. Dinklage said it sounds almost like a wash costwise between curbside deliver and the building and maintenance of a structure and plowing of the area. He asked if Mr. Carver could see his way clear to providing curbside service. Mr. Carver said his concern was it would lead to similar requests from other developments. Residents felt that if a particular situation merits curbside delivery for safety reasons, it should be provided. Mr. Flaherty suggested a meeting with Mr. Carver, the City Manager, and residents. Mr. Dinklage agreed, noting that this is a safety issue and the Council is entrusted with the responsibility for public safety. 4. Further Consideration of Request for City Affirmative Participation in Appeal of Planning Commission Approval of Nowland Property Development: Mr. Crampton, representing the developer, said they have made their position clear but would respond to questions. He felt Mr. Gilbert was asking the Council to submit its judgment. He said legal arguments shouldn't be debated in the Council and there was a question of whether the Council would undercut its Planning Commission which has made its judgment. He noted that Mr. Gilbert had the opportunity to go to the Act 250 hearing and did not. Mr. Cimonetti noted the city has entered an appearance in this case and is being asked to take a position. He urged the City Council and Planning Commission to have a public discussion regarding consideration by the Planning Commission of both the Zoning Ordinance and Comprehensive Plan in this approval. Mr. Dinklage moved that the City Council not join Mr. Gilbert in his appeal of the Planning Commission approval of the so-called Nowland Development and that it direct staff to maintain an awareness of the progress of this case and report to the Council. Mr. Condos seconded. Mr. Cimonetti said he wanted to meet with the Planning Commission before a decision is made. Mr. Dinklage said he supported such a meeting but didn't agree with the sequence Mr. Cimonetti proposed. Mr. Cimonetti moved to table until after a joint meeting with the Planning Commission can be held to discuss the interaction of the Zoning Ordinance and Comprehensive Plan. Mr. Chittenden seconded. The motion failed 1-4 with only Mr. Cimonetti voting in favor. Mr. Dinklage's motion then passed 4-1 with Mr. Cimonetti opposing. 5. Consideration of Recommendation from Golf Course Feasibility Study Committee for Contracting with Green Space Environmental & Turf Services for Feasibility Study: Mr. Hafter said the city chose Green Space which was not the lowest bidder. Green Space agreed to reduce its bid to $15,000. Mr. Economou will donate $3,000 of this amount to the city's impact fee account. Mr. Dinklage moved to approve the contract with Green Space to do the work described for an amount not to exceed $15,000 of city funds. Mr. Cimonetti seconded. Mr. Cimonetti said Green Space has a very good knowledge of this site and of the Vermont permitting process. Mr. Chittenden said he disagreed with the extra money involved. Mr. Condos said that even though the amount was more, the decision of the committee was unanimous. In the vote that followed, the motion passed 4-1 with Mr. Chittenden opposing. 6. Consideration of Letter from Agency of Transportation on Condition of Poor Farm Rd/River Cove Rd Bridge Over Muddy Brook: Mr. Hafter expressed the frustration of city staff at having to deal with letters such as the one received from the A of T. Mr. Audette said this project has been in the works for 7 years. It has been designed 3 or 4 times. He said this is a high volume road for a gravel road. Knight Engineering has looked into the problem. They proposed 3 possible work scenarios, one which would cost $40,000, one $60,000 and one $8,000-10,000. For the lowest figure, they were not sure if the stringers would take a weld. Mr. Audette said Williston is going to recommend closing the bridge and having both municipalities look at the problem. He said he didn't know where the money would come from for repair as the project is currently not in the TIP. Mr. Dinklage noted that this draft of the TIP is not yet approved by the MPO. Mr. Hafter said if the $8,000-10,000 work is done, it may put replacement of the bridge off a few more years. Mr. Dinklage said he is going to work to get the project back into the TIP. Mr. Audette said the city can't bear the liability of keeping the bridge open. Mr. Johnston said closing the road will have a direct impact on the Lime Kiln intersection. He felt notice to the public was important. Mr. Cimonetti felt there has to be a plan before the bridge is closed. Members agreed to meet with Williston to make plans for the bridge. 7. Update on National Accreditation of S. Burlington Police Dept: Chief Searles said they Department is in the final month of the accreditation process. Officer Graham then reviewed the history of the effort. He said they have completed the self-assessment phase and are ready for on-site assessment which is scheduled for 22 January. He said they are confident they will become the first accredited Police Dept. in the state. Chief Searles said they are taking steps to try to enhance public participation in the accreditation process. There will be a live call-in with Channel 17. There will also be telephone access directly to the on-site assessors. One 24 January, there will be public hearing from 7-9 PM run by the assessors. The City Council is invited to attend. This will recorded by Channel 17. Mr. Hafter recognized the support of the entire Police Department in this process. Chief Searles also recognized the support of City Management. 8. Appointment of City Health Officer: The names of Dawn Weening and Bud Bailer were placed before the Council. Mr. Hafter said the job involves health issues including plumbing and electrical. There may be things such as allergic reations to dumpsters near a home, bugs at the beach, etc. Mr. Cimonetti suggested that the city staff handle as many of these issues as possible and refer the rest to a medical person. A vote of the Council elected Dawn Weening as City Health Officer. 9. Consideration of Appointment to Leisure Arts Committee: Mr. Condos moved the Council appoint Joan Aguire and Susan Fitzpatrick to the Leisure Arts Committee. Mr. Dinklage seconded. Motion passed unanimously. 10. Request for Approval of Financing Notes for the Purchase and Repair of Portable Radios and a Copy Machine: Mr. Hafter said the interest rate would be 3.5%. Mr. Cimonetti asked if purchase is the right thing for the copy machine. Ms. Strait said it was the cheapest of 3 financing arrangements. Mr. Dinklage moved that the Council approve financing notes of $9,598 (for radios) and $4,995 (for a copy machine) and sign the appropriate documents. Mr. Condos seconded. Motion passed unanimously. 11. Minutes of 6 December 1993: Mr. Condos moved the Minutes of 6 December be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 12. Other Business: Mr. Hafter said the Vermont League of Cities and Towns is holding a special meeting on 6 January and the city needs a voting delegate. Mr. Cimonetti moved to appoint the City Manager as voting delegate to the 1/6/94 special meeting of the VLCT. Mr. Dinklage seconded. Motion passed unanimously. 13. Sign Disbursement Orders: Disbursement orders were signed. As there was no further business to come before the Council, the meeting adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.