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Minutes - City Council - 07/09/1979
CITY COUNCIL JULY 9, 1979 The South Burlington City Council held a meeting on Monday July 9, 1979 at 8:15 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Martin Paulsen Member Absent Kenneth Jarvis Others Present William Szymanski, City Manager; Sidney Poger, Planning Commission Chairman; Stephen Page, Planner; John Dinklage, Dennis Snyder, Wayne Jameson, Chairman of City Charter Committee; Richard Spokes, City Attorney; Lowell Krassner, Peter Coffrin, Fred Maher, Mark Kennedy, Viola Luginbuhl, David Gravelle, Richard Underwood, Sally Jacob, Free Press Addition to agenda The following item was added: 1. Discuss with School Board and Charter Committee a proposed amendment to the Charter to take care of the problem discussed at Steering Committee meetings recently, i.e., how to refund the budget surplus. Disbursement orders There were no disbursement orders. Discuss amendment to Charter with Charter Committee and School Board Mr. Wayne Jameson, Chairman of the Charter Committee, recommended that if a change were made to the Charter to allow a refund of money, it be tailored to deal specifically with just this situation so the odds were that it would be used again seldom, if ever. He said that as long as the Charter had been written as it is now, there were only two years where the estimate had been off by more than 2%, which is why he chose 2% as the cutoff rate. He suggested setting a percentage variation in the Grand List as a trigger mechanism for refunding money and he suggested adding 2 other requirements for being able to give money back - 1) that it only be done if a vote has been taken (as this year), and 2) that the vote was to increase the allowable tax rate, not the allowable spending rate. These three things would have to occur before money would be refunded - the estimate must be off by a certain percentage (he suggested 2%), it would only occur if the additional tax rate was because of a vote, and if the vote were to increase the tax rate, not the expenditures. To accompany this change, Mr. Jameson suggested that the Estimated Grand List and the allowable tax rate increase before the vote be used as the base for the next year. The vote referred to here is the one on the budget at the annual meeting and the tax rate is that which could have been set without a vote. Mr. Flaherty asked whether, if the tax rate was reduced because of the surplus, the next year the original tax rate would be used and was told that was correct. Mr. Jameson felt that even though the estimated and actual Grand List figures were different, money should not be refunded which would negate providing the services the increase in the Grand List demands and would have provided. Mr. Flaherty felt it was the intent of the Charter to keep taxes as low as possible and still provide services. Mr. Jameson felt that it went against the intent of the Charter to give money back and to underestimate the Grand List. He felt that if language was put in to correct these problems, it would defile the Charter forever. Mr. Dinklage asked whether, if the surplus were more than 2%, all of that would be returned and was told that was correct. The mechanism would also be triggered for a refund if either one or both of the bodies composing the Steering Committee asked for a vote, but that vote would have to be affirmative. This vote would be to raise the tax rate above the Charter limit. Mr. Jameson did not want to change the Charter much more than this little he has suggested to take care of this year and other very similar situations in the future. He also suggested that a study be done to see if the estimation procedure could be changed to make that job a little easier, and more accurate. It was suggested that the use of the Estimated Grand List be de-emphasized in favor of using the actual figures. Mr. Farrar gave copies of his proposal to those present. Mr. Jameson felt this was liberalizing the Charter and felt that when the base was set in the next year either the maximum allowable tax rate increase or whatever figure was actually set should be used, whichever number is smaller. Mr. Farrar wanted the Charter Committee and the City Attorney to see if the proposal was feasible and if so, to put it into legal language. Mr. Spokes said it would take at least 2 months to put the change through. Mr. Jameson said, looking at the history of how much off the estimated and actual Grand Lists had been since 1971, that if 2% was the trigger, the city would find itself in this situation almost every other year. Mr. Flaherty felt that if there was a surplus, the taxes should be cut the amount of the surplus and the future tax rate estimate should go on the actual tax rate* rather than on the estimate, which is higher. It was pointed out that the city had to use the same figures year to year and the tax rate was always set on the Estimated Grand List, as is mandated in the Charter. Mr. Burgess moved that, should the actual or estimated revenues which would be received by the School District and/or the City be found to be more than 2% higher than those estimated at the time of submission of the budget to the voters in accordance with Section 1302 the City Council may, upon request of the Steering Committee, refund an amount no more than that requested by the Steering Committee. Such reduction may be equally divided between all 3 installments or limited to one or two installments as determined by the City Council. Actions under this Section shall not affect the budget limits for the following year as set forth in section 1309. Such limits shall be computed using the previously estimated Grand List and the actual tax rate for operating budget as set forth in the previous budget or the maximum allowable tax rate. Whichever is least. Mr. Paulsen seconded the motion. The Charter Committee was instructed to work with the City Attorney on this proposal and submit comments and actual wording to the Council on Friday, July 13 at 7:30 p.m. The motion passed unanimously. Mr. Paulsen then moved that it is the intention of this Council to reduce the second and third payments of the 1979-80 tax bills an amount approximately 10% on each of the last two payments (which are due in November and March). Mr. Burgess seconded the motion and all were in favor. * the final rate people are billed on It was decided that the Charter Committee would meet July 11 to discuss the proposal and that it would then be given to the City Attorney, so he could work on the actual wording. Review data and formulate action and stipulations on Interim Zoning application of South Burlington Realty for multiple use of existing building at 364 Dorset St. Mr. Szymanski said that he and the Zoning Administrator had submitted memos on the project and that he had asked the city's traffic consultant about traffic impact of the project. The consultant felt that there would be no appreciable impact on the street. Mr. Burgess moved to ask the staff to prepare a motion of approval incorporating the points made in the memos to the City Council from the City Manager and Zoning Administrator. Mr. Flaherty seconded the motion and all were in favor. Review Planning Commission drafts of Master Plan Chapters on Natural Resources and on Housing Mr. Farrar indicated that he did not like the idea of allowing higher density development in order to encourage rental housing. He felt economics would determine what kind of housing was constructed. The subject of whether the city should have a building code was discussed and Mr. Page mentioned the Home Owners Warranty (HOW) program, which, if required, would allow the city to require inspections of homes without creating a bureaucracy to do it. Mr. Szymanski said that any dwelling over a certain size (duplex or triplex) was inspected by the State. On page 4 of the Housing draft, the words "because municipal" on line 6 and all of lines 7 and 8 were removed. On page 2, #2 was also removed. In the Natural Resources Chapter, Mr. Farrar felt the language in the old Plan had been stronger in recommending that the city acquire lakeshore property. Mr. Poger asked Mr. Page to gather some information on where the sand dunes on Spear Street were. The Council asked that the term "recharge area" be defined more firmly in the Plan. Other business It was decided to meet on Friday, July 13, to discuss the wording for a Charter change with the Charter Committee and the City Attorney. The meeting was adjourned at 11:20 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.