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HomeMy WebLinkAboutMinutes - City Council - 08/30/1989CITY COUNCIL 30 AUGUST 1989 The South Burlington City Council held a special meeting on Monday, 30 August 1989, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street Members Present Paul Farrar, Chairman; James Condos, William Cimonetti, John Dinklage, Michael Flaherty Also Present Charles Hafter, City Manager; Sonny Audette, Steve Crowley, Sid Poger, Mark Kelley, Tim Jamieson Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. 2. Review of amendments to Solid Waste District Charter Mr. Farrar summarized the history of the Solid Waste District noting it had been formed under State authority allowing districts to join together to consider disposal of solid waste. The original Charter was approved by a majority of members. Subsequently, changes were submitted and approved by the City Council on 2/15/88. These involved changing voting procedures and procedures for termination of membership. Later, the document was submitted to the Legislature to be made into a Legislative act. Mr. Farrar didn't know why this had happened and the City wasn't consulted. There is now a document that puts the city in a very murky legal situation. What was submitted to the Legislature were the original charter and the approved amendments; now there is a document showing items added by the legislature supposedly at the request of the Solid Waste District. This includes a provision that the Charter can't be changed without State approval. Mr. Farrar said it is possible to argue that there are now 2 Solid Waste Districts, one to which the City belongs and one to which it doesn't belong. Members discussed this issue. Mr. Dinklage felt some of the powers now given the District and State were "inevitable". Mr. Cimonetti disagreed. Mr. Flaherty said he didn't like some of the language, but he felt the issue was so important that the longer the delay, the worse the problem will become. Mr. Crowley noted 5 communities have approved the document, 2 have voted not to approve. 2 more were to have voted by now but he was not sure of the outcome of the vote. If a majority approve it, it will be the official document, whether S. Burlington approves of it or not. Mr. Cimonetti felt any changes would have to be brought to the public for a vote. Mr. Farrar said the city's options seem to be either to stay in the district or to get out. Members then reviewed the amendments and discussed those they felt they could accept. These included: a) all waste generated by a member must be disposed of only in the Solid Waste District (Mr. Cimonetti noted this is Burlington's main complaint and the reason they are not joining the district.) b) the power of the district to "enact and enforce any and all necessary and desirable regulations..." Mr. Cimonetti said he wanted to know who would make that judgement. c) Mr. Farrar had a problem with the sinking fund because it did not appear to have any limit. d) proportional voting vs. one vote for each Commissioner Mr. Dinklage felt this was a reasonable compromise, but other members were not convinced of this. e) increased difficulty of upsetting an action by the District by going to the voters (now requires a 10% petition). f) payment of Commissioners with no limitations or guidelines. g) creation and granting of powers to an Executive Board ("such powers as deemed necessary") without limitation. h) payment schedule which is not set out but is at the discretion of the Board. i) question of incurring indebtedness without a popular vote (Mr. Audette said this was put in because of delays in getting money from the State). The District may have to borrow money in the interim. Mr. Farrar felt there should be a limitation and also an indication that this is only for money anticipated from the State. j) the "hold harmless" clause (Mr. Cimonetti questioned the authority of the City to grant indemnification to officials of another municipality). Following the discussion, Mr. Flaherty moved to approve the amendments for the Charter of the Chittenden Regional Solid Waste Disposal District as adopted by the Legislature, House Bill #330, as approved by the House and Senate. There was no second to this motion. Mr. Dinklage then moved to decline to approve the amendments to the Charter of the Chittenden Regional Solid Waste Disposal District as contained in the document "amended 2/27/89 and to instruct the City Manager to prepare a summary of the concerns to transmit to the Solid Waste District and to anyone else who wants to know. Mr. Condos seconded. Motion passed 4-1, Mr. Flaherty opposing. Mr. Flaherty said he opposed the motion because he felt there are controls to protect the city. Mr. Dinklage said he does not oppose what is proposed but felt the need to sensitize the Solid Waste District as to the City's expectations and to the limits of their authority. Mr. Audette asked how they are to proceed. Mr. Farrar said if 7 members approve the Charter changes and the City Attorney says the amendments are in affect, the Council will have to make a decision. He said they would like to work with the District to get some amendments the City can approve. He still felt he did not know what document was being amended the original one voted on by the city or one approved by the Legislature. Mr. Farrar said for a short term plan, the City could join as proposed, not join as proposed, be willing to consider arrangements for disposing of certain types of waste from other communities on a per-ton basis. Mr. Dinklage moved that the Council indicate the City's willingness to entertain a proposal to serve the Solid Waste Disposal District as a contractor as out lined in Item 3 of the City Manager's memo of 8/28, and that the City continue to discuss with the Solid Waste District other ways in which the city might participate in a short term plan. Mr. Condos seconded. Motion passed unanimously 3. Consideration of proposals for design of Overlook Park Mr. Cimonetti felt that all the proposals utilized too little of the city owned land. Mr. Dinklage liked the 2-tiered approach and felt the park should be at Spear St. grade. After a brief discussion, members agreed to the Spear St. grade and to an entrance as far from Deerfield Drive as possible. Mr. Cimonetti also felt the Council should pick a firm, then concentrate on the parameters, getting appropriate citizen input, etc. Mr. Cimonetti then moved to select the landscape architecture firm of Landworks to proceed with the design of the Overlook Park under the direction of the City Council. Mr. Dinklage seconded. Motion passed 3-2. Messrs. Farrar and Condos opposing. A committee will be formed to work with Landworks. Mr. Dinklage will represent the City Council. 4. Consider the Airport Commission proposal to implement an off-premise gross receipts tax Mr. Flaherty said the on-site people have been complaining about having to pay a tax when the off-site vendors don't have to. Mr. Flaherty said the Airport lawyers feel it is legal, but he felt there is a question of crossing political boundaries (Burlington taxing South Burlington businesses). After a brief discussion, Mr. Dinklage moved that in view of the very real jurisdictional problems, and in view of the City Council's primary responsibility to South Burlington constituents and business people, the City Council instruct its representative to the Burlington Airport Commission to oppose the proposed off-premise airport tax. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Flaherty noted the Airport will pick up the fees for testing for ethylene glycol this year. 5. Schedule Public Hearing for proposed zone change on Swift Street Mr. Hafter suggested 18 September for the public hearing. Mr. Dinklage moved to schedule the public hearing for the proposed zone change on Swift Street for 18 September. Mr. Flaherty seconded. Motion passed unanimously. As there was no further business to come before the Council the meeting adjourned at 11:25 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.