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Minutes - City Council - 07/19/1993
CITY COUNCIL 19 JULY 1993 The South Burlington City Council held a regular meeting on Monday 19 July 1993, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; James Condos, Robert Chittenden, John Dinklage, William Cimonetti Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Sonny Audette, Street Dept; Don Whitten, WPC Dept; Sandy Greiner, Free Press; Brian Searles, Police Dept; Dick Posey, Jan Emerson, Phil Hughes, Andy Covington, Sybil Dunne, Robert Sharpe, Mark Thibeault, Judy Mallery, Ruth Trevithick, L. Long, J. Chaplin, John Kennedy, P. Kiley, D. King, George Chamberland, Rich Landsman, John Shepard, Stephen & Judy Cheney 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Discussion of Council Action to Rename Dorset St. as Dorset Boulevard: Mr. Chittenden noted there had been negative concerns from citizens and also that the vote to change the name hadn't been unanimous. Mr. Flaherty said that the majority of the Council felt that since the street was being done over, a new name might be in order. Mr. Condos added that there is new zoning in the area, and with a new design for the road, a new name could add more character and set it apart from the rest of the city. Mr. Dinklage added that the road design is similar to what is referred to as "boulevard design" in a larger city. Mr. Kiley said a name doesn't determine the character of a street and he felt there would be costs to business people. Mr. Condos said the Post Office will not require renumbering of the street. Mr. Covington said the Mall's concern is that maps are already out, phone books are out, etc. Also, a boulevard means a large traffic street and this might keep people away. He suggested a committee study the question before any name change takes place. Other members of the business community (including Robert Sharpe, Judy Mallory, Steve Zahowski, Dick Posey, Laurie Rowe, and John Kennedy) expressed similar concerns. Ms. Mallory felt Dorset St. is a more "small town" name. Mr. Zahowski said he grew up in S. Burlington and felt it should stay the way it always was. Ms. Rowe felt the impact on business had not been considered before the change was voted on. Mr. Kennedy said his business was named "Dorset Street Beverage" and this would cause a problem. He felt the change was an attempt to "be something you're not." He felt businesses should have a chance to get back the money they lost during the road building and asked the Council to work with businesses to help them flourish. Mr. Chittenden moved that the Council postpone renaming Dorset St. to some time in the future and in the meantime to set up a committee to study the question and solicit input from the community. Mr. Condos seconded. Motion passed 4-1 with Mr. Cimonetti opposing. 3. Continue Interviews for Zoning Board of Authority: The Council interviewed incumbents George Chamberland and Dan King. The applicants responded to a series of set questions as follows: a) George Chamberland: He felt there were advantages and disadvantages to being on the Board for a long time but that he wanted to continue to serve because he was concerned with "quality of life" issues in the city. He felt the Board should look at the long range implications of what it is decided and should apply the laws under which it is intended to operate. He also felt that home occupations were an important issue that keeps coming up before the Board. Mr. Chamberland felt the five criteria were critical in making decisions as they are the only way to insure quality decisions. He also felt it was critical to pay attention to the concerns of adjacent property owners and that to allow "use variances" was violating a trust. b. Mr. King said he was very concerned with the city's "growing pains." He wanted to be a big part of the growth. He said he wished the Board didn't have to consider the five criteria for minimal changes, but he wasn't sure the Board should have more power. He felt that Queen City Park was still a critical issue and that canopies at gas stations were also a frequent concern. He felt that in most cases use variances shouldn't be allowed but that there were some cases where it had to be done. 4. Public Hearing on Proposed Ordinance to Regulate Truck Traffic on Spear Street; Second Reading of same: Mr. Chittenden asked why the change is being proposed. Mr. Condos said there is a lot of truck traffic on the street which is not built to take it. Mr. Cimonetti said the right-of-way is narrower and the paved way is narrow. Residential density is also greater than that of other north-south streets. He also said that the Council had been told the previous Ordinance was not enforceable. Mr. Flaherty paraphrased the Ordinance and then asked for audience input. Mrs. Trevithick noted the problem with hugh trucks that don't slow down and as a result cause damage to residential property. She said recent police presence in the area has slowed traffic down, but the volume of traffic is still a problem. Mr. Cimonetti said he understood the Ordinance has to be approved by the Agency of Transportation and asked if there is any indication the Agency might try to thwart it. Mr. Hafter said a similar Ordinance was approved in Essex Junction. Mr. Cimonetti then moved to approve the second reading. Mr. Dinklage seconded. Motion passed unanimously. 5. Discussion of Cable TV Issues with Phil Hughes, Regional Manager of Adelphia Cable: Mr. Hughes noted the date for implementation of the new Federal Cable Act regulations has been moved to October 1. There is a rate freeze from 3 August to 15 November for basic cable service. The law, which was put into effect to reduce rates, will, Mr. Hughes felt, no doubt increase rates. He felt that some levels of service will cost more, some less. The main reason for increases is the "debundling" of overhead costs. They will have to go from a one page bill to a 3- page bill. He said Adelphia is hoping not to increase the basic rate. Additional outlet rates will go down. Mr. Cimonetti asked what restraints are being imposed on them by municipalities. Mr. Hughes felt the fee in Burlington was not "imposed" by the City of Burlington. He noted it is about to go down and will be eliminated when the State implements a franchise fee. Mr. Cimonetti asked if the undergrounds system on Dorset St. is operating properly. Mr. Hughes said it is now. Mr. Dinklage asked if there is a formal way to solicit citizen input. Mr. Hughes said via surveys and letters. 6. Consideration of approval of participation agreement for use of Biosolids Processing Facility: Mr. Hafter said he felt the agreement was very fair and treats all in the District fairly. There is a 2-part fee, operational and debt service. The total is not to exceed $50. per ton. He added that S. Burlington still saves $25,000 a year by land applying sludge. Mr. Cimonetti asked if there anything in the agreement that defines the condition in which sludge is brought to the facility (moisture content). Mr. Hafter said Exhibit "C" does this. Mr. Cimonetti asked who polices this. Mr. Hafter said the District will test and what is not acceptable will have to be landfilled at a higher rate. Mr. Cimonetti expressed concern that the District can unilaterally change the standard of what is acceptable sludge. He noted that one of the options the District has if sludge arrives at an unacceptable moisture content is to impose a surcharge, but he noted that South Burlington gains nothing from this, and the traffic issue that evoked the city's concern would not be addressed by a surcharge. He felt the city needs a piece of control over that concern. Mr. Dinklage expressed similar concerns and asked what stage negotiations are in. Mr. Hafter said the District wants the contract back on 7/28. Mr. Cimonetti asked that the City Manager propose a change to para. 4, page 3 concerning controls so that the impact on S. Burlington is lessened. Mr. Hafter suggested an amendment to the lease agreement. Mr. Cimonetti didn't want to set up a conflict between the lease agreement and the use agreement. He stressed that South Burlington should have a voice in any changes in the operation of the facility. Members agreed that Mr. Hafter should negotiate a new draft and suggested a Council discussion on these changes following the special meeting with Shelburne on 2 August. 7. Discussion of Proposed Realignment of Airport Parkway in Vicinity of Lime Kiln Bridge: Mr. Audette showed the proposed plans. He said they tried to solve the Shamrock Rd/Ethan Allen Parkway/Airport Parkway intersection problem by bringing the road behind the houses on Airport Parkway and coming back on top of the hill in the vicinity of the business that sells pools. This would create a "T" intersection on a level plane. They would dead end the present Airport Parkway. The new road would be a limited access road. Mr. Audette didn't feel there would be any right-of- way problems. He said he would like to see the work done in conjunction with the work on the bridge and that it might be attached to that project as a safety improvement. Mr. Cimonetti felt the plan would be very expensive. He also noted all of the land is privately controlled. It would also be asking all the businesses to relocate their entrances. Mr. Dinklage asked for cost estimates. He felt it might turn out to be cheaper and simpler to employ a method that takes some of the houses. Mr. Audette will provide cost estimates. 8. Approval of Refunding Note & Resolution of Capital Equipment Refunding Borrowing for Sewer Vac Cleaner: Mr. Hafter noted this is the last year of payment on the Sewer Vac. Mr. Cimonetti moved to approve the refunding note and Resolution. Mr. Condos seconded. Motion passed unanimously. 9. Proposed Meeting Schedule: Members agreed on the following schedule for meeting in August: 8/2: Joint meeting with Shelburne Selectboard 8/9: Regular City Council Meeting 8/19: Joint meeting with Planning Commission 8/23: Regular City Council Meeting 10. Review Planning Commission Agenda: No issues were raised. 11. Minutes of 6 July 1993: Mr. Condos moved the Minutes of 6 July be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. Executive Session: Mr. Condos moved the Council adjourn and reconvene in Executive Session to discuss contract negotiations and to consider appointments to Boards and Commission, and to resume regular session only to make such appointments and/or adjourn. Mr. Dinklage seconded. Motion passed unanimously. REGULAR SESSION: The City Council returned to regular session. Bob Chittenden moved appointment of Cathy Peacock to the four-year term on the Planning Commission. John Dinklage seconded. The motion passed unanimously. John Dinklage moved appointment of Bill Craig to a three-year term on the Planning Commission. Jim Condos seconded. The motion passed 3-2 with Bill Cimonetti and Bob Chittenden opposed. Bob Chittenden moved appointment of Dan King to a four-year term and George Chamberland to a three-year term on the Zoning Board of Adjustment. John Dinklage seconded. The motion passed unanimously. Jim Condos moved adjournment. Bill Cimonetti seconded. The motion passed unanimously. The meeting adjourned at 10:50 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.