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HomeMy WebLinkAboutMinutes - City Council - 10/29/1990CITY COUNCIL 29 OCTOBER 1990 The South Burlington City Council held a meeting on Monday, 29 October 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, William Cimonetti Also Present Charles Hafter, City Manager; Stephen Stitzel, City Attorney; Sonny Audette, Street Department; Mike Smith, John Anderson, Tony Barbagallo, Chittenden Solid Waste District; Vi Luginbuhl, State Representative; Sid Poger, The Other Paper; Ray Belair, Zoning & Planning; John Bonnette, Gary Larose, Richard Morin II, Anne Marie Frisby, Matt Mowry, Cindy Lecler 1. Approval of Utility Relocation Agreement between City of South Burlington and State of Vermont for Dorset Street Mr. Hafter noted they expect to be 6 weeks behind on easements. Mr. Flaherty moved to approve the Relocation Agreement and authorize the City Manager to sign it. Mr. Dinklage seconded. Motion passed unanimously. 2. Approval of Easement Agreement for Location of Utilities Equipment on City Property, Dorset Street Mr. Farrar advised this agreement allows utilities to put in various transformers, etc., to service properties in the area. Mr. Dinklage moved to authorize the City Manager to sign the easement agreement. Mr. Flaherty seconded. Motion passed unanimously. 3. Ordinance to Control the Sanitary Landfill in South Burlington Mr. Hafter noted that penalties are now in conformance with other city Ordinances. Mr. Farrar said November 19th is the suggested Public Hearing Date. Mr. Dinklage moved to set the public hearing on the revised Ordinance to Control the Sanitary Landfill for 19 November. Mr. Flaherty seconded. Motion passed unanimously. Mr. Audette suggested all carters be notified. Mr. Cimonetti added that other municipalities in the area that are still operating landfills should also be notified. 4. Information meeting with representatives of the Solid Waste District Mr. Farrar said he felt this discussion may be taking place with the wrong people and that other members who form the District should be present. Mr. Smith said the District is looking at every issue they can and said they take the city's views very seriously. Mr. Anderson gave members documents with references to Charter issues and questions about the Charter. He also handed out an illustration of Economics of Scale. He said that to have a regional landfill, it is necessary to give some powers to the District. Mr. Farrar said he disagreed. Mr. Anderson then gave a history of how the situation evolved to its present state. He noted the Charter change in 1989. Mr. Farrar said the problem is that the Charter was taken to the Legislature when it did not have to be because it involved the formation of an inter-municipal agreement. Mr. Anderson noted that in September, 1989, the S. Burlington City Manager wrote the District about Charter concerns and Paul Craven responded. Mr. Hafter said the city never got the response from Mr. Craven. Mr. Anderson said on 13 December 1989, there was a meeting regarding the Charter. Mr. Farrar had asked to have the City Attorney meet with Mr. Anderson to try to reduce the City's concerns. Three concerns were discussed: a) proportional voting; b) indemnity provisions; and c) local control. Mr. Anderson noted the District now has a schedule for Charter changes. A South Burlington City Council members is on the Charter change committee. Over the next year, Mr. Anderson said, the District will be working in about 5 forums at the same time. He stressed he would like to get the Charter issues worked out so this will be behind the District once and for all. With regard to the condemnation process, Mr. Anderson said it is unclear what procedure to follow. Options include increasing the penalties for violations, but for violators this simply becomes a cost of doing business. Mr. Anderson said he noted concerns by members as to whether they want to be in the District and can trust the District. Mr. Flaherty said he felt Mr. Anderson's letter asking towns not to oppose the District was arrogant. He stressed the towns are the District, and this is a give and take typical of representative government. Mr. Dinklage said he did not feel it was wise to shortcut the permitting process as this is a very sensitive issue. Mr. Cimonetti said he hoped the message the District would get is: What we cannot do is to follow the current body of legislation and meet the deadline. The District should then explain to the Legislature why the date is wrong. Mr. Smith noted that regulatory bodies have not been very successful and there is always suspicion of them. He said if the city could tell him how to do it, he would. Mr. Dinklage asked if it is absolutely necessary for the State to get involved in the process. Mr. Smith said that for the scope of the projects involved, what is needed is an organization that can act as a municipality. Mr. Dinklage said there are only about 5 cities in the state that have Charters. Others have prerogatives of condemnation. He didn't feel this had to be done under a Charter that has state Legislature approval. Mr. Smith said he would seek the best available vehicle to get an organization in place so he could accomplish his mission. Mr. Flaherty noted the city was told the Charter was changed by the Legislature to make all the charters in the state the same. Mr. Anderson said as he understood it, the State Legislature can always step in. He also noted that as the District will be issuing $28,000,000 in bonds, the Bond counsel will go through the Charter. Mr. Dinklage noted the full faith of the state will not be behind the bonds. Mr. Farrar said there is a difference between the decision of the people who put the Charter together and the District. What the city wants is to have the Charter put back the way it was before. Nothing else will do. Mr. Cimonetti added that the Council is obliged if it doesn't like what the District is doing to go to the people and see what they want. He stressed that the Council's mandate comes from the taxpayers. Mr. Dinklage said the Council has a responsibility to see if the District continues to be a good deal for the constituents. He felt it would be wrong to give up the right to run the Solid Waste District the way the members want to run it. Mr. Anderson said he would like the City Attorney to outline how he felt the District can accomplish its goals under state law the way the City wants to. Mr. Dinklage said the city wants an intermunicipal agreement. Mr. Anderson cited potential problems of inter-municipal rivalries, etc., and said if there isn't harmony, there can be paralysis. Mr. Dinklage said there is a question of regulating collection of refuse as opposed to the disposing of it. He asked why the District opposes a carter going to any sanctioned landfill. Mr. Anderson said a steady revenue stream is needed for bonding. Mr. Dinklage felt the municipal bodies should get together to see if the original concepts still are valid. He stressed that as a member, S. Burlington looks to the District as an advocate to get unreasonable things changed. Mr. Farrar said the Council's objective is to provide this service to its constituents at the lowest possible cost. He stressed there is not an infinite amount of money to be spent. Mr. Dinklage suggested the Council send the District a prioritized list of changes wanted in the Charter. He felt it would be a big step in the right direction to have the budget annually approved by a mechanism in which member communities are involved. Mr. Cimonetti noted Burlington's hazardous waste facility opens tomorrow and asked if there is any arrangement with Burlington. Mr. Smith said it would be under a management contract. He said that depending on when the District takes it over, there will be a pro-rating of capital costs. 5. Review Planning Commission Agenda 30 October No issues were raised. As there was no further business to come before the Council, the meeting adjourned at 9:30. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.