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HomeMy WebLinkAboutMinutes - City Council - 05/19/1986CITY COUNCIL 19 MAY 1986 The South Burlington City Council held a Regular Meeting on Monday, 19 May 1986, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Michael Flaherty, Acting Chairman; George Mona, Leona Lansing, Francis X. Murray Others Present William Szymanski. City Manager; Wendy Schroeder, Business Manager; Margaret Picard, City Clerk/Treasurer; Bruce O'Neill Recreation Dept; Kevin Dwyer, Recreation Dept. Intern; Eugene Ward, Sandi Davis, Mary Cady, Craig Weatherly, Diane Muhr: Mike Donaghue, Burlington Free Press Comments & Questions from the Public (not related to items on the Agenda) No issues were raised. Act on May 5, 1986 Police Grievance Mr. Murray moved that the City Council uphold the grievance. Mr. Mona seconded. It was noted that both parties can resume discussion at any stage. Mr. Mona said the circumstances make it seem appropriate to have the Chief and a representative of the Police Association attempt to renegotiate to eliminate the grievance. Mr. Szymanski said this has already been tried both with the Police chief and with himself. Mr. Murray felt that what was done was done without discussion, and he felt the Union deserved a response. He said that if someone had talked to them before the memo, the matter might never have come to the Council. This would have been good common sense employer-employee relations; the memo was like throwing down the gauntlet. Mr. Mona felt approving the grievance would mean going back to present conditions and that the grievance was an obstacle to getting what was best for everyone. Mr. Szymanski noted that the Council had to act within 5 days. Mr. Mona said he didn't think upholding the grievance would solve the problem, and he didn't want to imply that what the Chief did was wrong. Mr. Flaherty said that if the grievance were upheld, it would be saying that those items were conations of employment. A representative of the Police Association said their next step would be to file an unfair labor practice claim with the state. He did agree to wait until the end of the week to see if further talks could accomplish anything. In the vote which followed, the motion was defeated 1-3. Mr. Mona then moved to deny the appeal as presented and to direct the City Manager that before the end of the week he attempt to negotiate the matter. Ms. Lansing seconded. Mr. Murray said that was like saying one party is more right than the other and runs the risk of going to arbitration. Mr. Flaherty stressed that he would like to believe that 2 adults could solve the problem of where to smoke and cook their lunch. In the vote which followed, the motion passed 3-1 with Mr. Murray opposing. Liquor Control Board Mr. Mona moved that the council adjourn and reconvene as Liquor Control Board. Ms. Lansing seconded, and the motion passed unanimously. 1. Continue deliberations on the renewal of Club New England's Liquor License Mr. Szymanski noted that Dr. Hundal could not be present as requested, so he had asked Mr. Ward to bring in their consultant, Ms. Muhr. Mr. Szymanski also asked the City Planner to review Dr. Hundal's report, and she had advised it was very similar to the Essex Junction ordinance requirements. Ms. Muhr noted that she had been present with Dr. Hundal when the tests were done and explained the procedure. She said that when Mr. Weatherly had said the sound was acceptable, they had taken that reading as a baseline. Mr. Weatherly said there was some apprehension on the part of the neighbors since everyone had not participated in the tests and asked if there could be one more sampling before the figures are pegged down. Mr. Flaherty stressed that this would put the construction work back a few weeks. Mr. Mona said he did not agree that more testing was needed and that when he saw a standard that was more stringent than the one in the zoning Ordinance, he felt it was a reasonable first step. Mr. Murray said the neighbors came in July, and the Council has let the issue flail around till now which he felt was more unreasonable than the request for one more test. Mr. Ward said he wouldn't object strenuously to one more test, but it was very expensive to bring Dr. Hundal out again. He said if the neighbors would pay the amount in excess of the $1,000 agreed upon, it would be okay. Mr. Murray said he would rather the parties agree at this stage so it is on record that there was an agreement. It was agreed that the City Manager would act as liaison to get people together for a brief test with Dr. Muhr. 2. Consider request for First Class Liquor License for Verdi's (formerly Heather's) Mr. Szymanski said there are no problems with the request. Mr. Murray moved that the Board grant the first class liquor license for Verdi's. Mr. Mona seconded, and the motion passed unanimously. 3. Change of location for the Net Result Mr. Szymanski noted that The Net Result is moving from one location in the 100 Dorset St. Mall to another. Mr. Murray moved that the Board grant the change of location for the Net Result at 100 Dorset Street. Mr. Mona seconded, and the motion passed unanimously. Ms. Lansing moved that the Board adjourn and reconvene as City Council. Mr. Mona seconded, and the motion passed unanimously. Update on status of grant application for acquisition of the Brand Property Mr. O'Neill said he is getting pushed into a corner as to whether the City is going to accept the grant money it applied for. A decision was wanted last week, but the state has set an absolute deadline of May 30th. The City would have until September 1st to file a new application. After a brief discussion, Mr. Mona moved that the City withdraw its application. Mr. Murray seconded, and the motion passed unanimously. Set 1986-87 City (.606) and School District (1.671) Tax Rate Mr. Murray moved that the City Council set the City and School District tax rates at .606 and 1.671 respectively. Mr. Mona seconded, and the motion passed unanimously. Adopt a resolution and agreement for refunding a 1982 bond issue through the Vermont Municipal Bond Bank Mr. Szymanski advised that the bank will refund the bond at a rate of 7% of 7.5%. The current rate is over 10%. A resolution must be signed (attached). Mr. Murray moved that the Council adopt a resolution for refunding a 1982 bond issue through the Vermont Municipal Bank. Mr. Mona seconded, and the motion passed unanimously. Authorize City Manager to sign agreement for a new $8,000,000 bond issue sale through Bond Bank Mr. Szymanski said this is for road work and the balance of the sewer work. Mr. Mona moved that the Council authorize the City Manager to sign the agreement for the $8,000,000 bond issue. Ms. Lansing seconded, and the motion passed unanimously. Accept list of unlicensed dogs as required by State Statutes Mr. Mona moved that the Council accept the list of unlicensed dogs. Ms. Lansing seconded, and the motion passed unanimously. Adopt resolution for retiring Councilwoman Leona Lansing Mr. Flaherty read the resolution (attached). Mr. Murray expressed his personal thanks for the courtesy and sensitivity Ms. Lansing has shown to him. Mr. Murray then moved that the Council adopt and sign the Resolution for retiring Councilwoman Lansing. Mr. Mona seconded, and the motion passed 3-0, Ms. Lansing abstaining. Set date for Organizational Meeting Members agreed to a tentative time of Thursday, 22 May, at 8:30 pm. Mr. Mona asked if the agenda could include a list of priorities for the Council to consider in the next year. Minutes of May 5, 1986 and Liquor Control Board Meeting of May 12, 1986 Mr. Murray moved that the Minutes of May 5, and May 12, 1986 be approved as written. Ms. Lansing seconded, and the motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Other Business Ms. Lansing noted that the Council will need to appoint a new representative to the MPO. Ms. Lansing advised that a City employee at the land-fill, had been handing out fliers for a Council candidate on city time. Mr. Flaherty suggested sending a memo to all city employees reminding them of the regulation against this kind of activity. As there was not further business to come before the Council, the meeting adjourned at 8:50 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. REFUNDING RESOLUTION I, Margaret A. Picard, Clerk of the CITY OF SOUTH BURLINGTON, a munici- pal corporation with its situs in the County of Chittenden, State of Vermont ("Municipality"), do certify that the following resolution was duly adopted at a meeting of the City Council of the Municipality ("Legislative Body"), duly noticed, called and held on the day of , 1986, and that the - same is recorded in the records of the Municipality and remains in full force and effect, and has not been rescinded, abridged or modified in any way: "RESOLVED, that outstanding principal indebtedness in the amount of $ , evidenced by a certain general obligation bond of the Munici- pality dated July 1, 1982 (the "Municipal Bond") which has been purchased and held by the Vermont Municipal Bond Bank (the "Bank") under the terms of a Loan Agreement entered into by and between the Municipality and the Bank as of July 1, 1982, as modified by a certain Loan Agreement Amendment dated May 1, 1983, by and between the Municipality and the Bank, be further refunded in order to result in a lower net interest cost on the Municipal Bond payable by the Municipality to the Bank; and "RESOLVED, that the Municipal Bond shall be refunded through the mutual execution and delivery of the Loan Agreement Amendment attached hereto as Exhibit A, as well as any additional documents deemed necessary or appropriate for the purposes hereof, the terms of which are hereby approved; and "RESOLVED, that pursuant to Section 2 of No. 24 of the Acts of the 1983 General Assembly, the principal amount of the July 1, 1982, Loan Agreement between the Municipality and the Vermont Municipal Bond Bank, as amended by the above-identified Loan Agreement Amendment dated May 1, 1983, shall be increased for the purpose of refunding thQMunicipa1 Bond and of paying the expenses of the Bank, including underwriter's compensation, incurred in refunding the Bank's 1983 Series B Bonds; and "RESOLVED, that the presiding officer of the Legislative Body be empowered and directed to execute and deliver said Loan Agreement Amendment to the Bank on behalf of the Municipality, and that the Clerk and the Treasurer of the Municipality be empowered to execute and deliver to the Bank such additional certifications as may be required; and "RESOLVED, that J. Paul Giuliani, bond counsel to the Municipality, be authorized and empowered to take possession of said Loan Agreement Amendment and related documents for delivery to the mnk, and to complete said documents by the inclusion of appropriate dates and ministerial changes at the direction of the Legislative Body or its designated officer." Done atSouth Burlington, Vermont, this 20th day of May 1986. r* 3 Clerk, City outh ~urlingtod (SEAL) WAN AGREEMENT ,AMENDMENT WHEREAS, the CITY OF SOUTH BURLINGTON, a municipal corporation with its situs in the County of Chittenden, State of Vermont (herein "MUNICIPALITY"), and the VERMONT MUNICIPAL MND BANK, an instrumentality of the State of Vermont, created pursuant to the provisions of 24 V.S.A., Chapter 93 (herein "BANK") have entered into a Loan Agreement dated July 1, 1982, and a Loan Agreement Amendment dated May 1, 1983 (herein collectively "Loan Agreement"); and WHEREAS, pursuant to said Loan Agreement and in furtherance thereof, the MUNICIPALITY has sold and delivered to the BANK a certain general obligation bond dated July 1, 1982, in the original face amount of $1,585,000 (herein the "Municipal Bond") ; and WHEREAS, the Municipal Bond is outstanding and not in default, and the MUNICIPALITY desires to refund the Municipal Bond under the provisions of 24 V.S.A., 5177'2, as amended by Section 2 of No. 24 of the Acts of the 1983 General Assembly; and WHEREAS, the MUNICIPALITY and the BANK desire to amend said Loan Agreement for the purpose of increasing the principal amount payable under said Loan Agreement, increasing the principal amount of the Municipal Bond, and reducing the interest cost payable by the MUNICIPALITY on the Municipal Bbnd ; NOW, THEREFORE. for good and valuable consideration the parties agree as follows: -P (11 The principal amount of the loan evidenced by said Loan Agreement and the principal amount of the Municipal Bond specified in Section 1 of the Loan Agreement shall be $ on and after the date of this Loan Agreement Amendment. Pursuant to Section 2 of No. 24 of the Acts of the 1983 General Assembly, the principal amount of this Loan Agreement Amendment shall be increased for the purposes of refunding the Municipal Bond and of paying the expenses of the BANK, including underwriter's compensation, incurred in refunding the BANK'S 1983 Series B Bonds. (2) The interest cost rate specified in Section 1 of the Loan Agree- ment and on the face of the Municipal Bond, payable by the MUNICIPALITY to the BANK shall be percent ( 9) per annum on the unpaid principal of the Municipal Bond, on and after the date of this Loan Agreement Amendment. (3) Notwithstanding the execution and delivery of this Loan Agreement Amendment and the terms hereof, each and every term, condition and provision . of the Loan Agreement and the Municipal Bond shall remain in full force and effect, and this Loan Agreement Amendment shall not be construed or considered a substitution or novation of the Loan Agreement or the Municipal Bond. (4) Except with respect to Sections (1) and (2) hereof, amending Section 1 of the Loan Agreement, the terms, conditions and provisions of the Loan Agreement shall control in any case in which an ambiguity or inconsis- tency exists between these presents and said Loan Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized officers as of the 20th day of^^^ , 1986. (SEAL) ATTEST : VERMONT MUNICIPAL BOND BANK By: Secretary Chairman (SEAL) CITY OF SOUTH BURLINGTON ATTEST : . \ By: Clerk