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HomeMy WebLinkAboutMinutes - City Council - 09/18/1995CITY COUNCIL 18 September 1995 The South Burlington City Council held a meeting on Monday, 18 September 1995, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; David Maclaughlin, Michael Flaherty, James Condos, Robert Chittenden Also Present: Peg Strait Assistant City Manager; Lee Graham, Police Chief; Sonny Audette, Street Dept; Sara Cadorette, Priscilla Boucher, Dina Krafman, Carol & Steven Nedde, Rev. J. Tomlinson, Greg & Tracie Wilson, Andrew Macdonald, Sheri Sanfacon, Victoria & Chantal Yandow, Janet & Madelaine Thompson, Clorinda Leddy, Jane DiFerdinando, Barry Nelson, Albert & Yvonne Gravelin, Margaret Mongeon, Rhoda Robestow, William LeMay, Daniel Hamlin, Scott Smith, Gary Beaulieu, Dave Emmons, John Flynn, Michael White, Frank Mazur, Jackie Valentovic, Tom Stowe, Ed Couture, Bob Bouvier, Frank & Sarah Way, Jason Kutner, Phyllis Lee, Marie Jette, Kathryn Henry, Veronique Gassette, Yvette Duhamel, Doris Casey, Mildred Esty, Viola & Charles Desso, Sue Palmer, Linda Hutchins, Loretta Blaine, Patricia Clayton, Eileen Bouvier, George & Celine Pillsbury, Don Powell, Jean Sullivan, Shawn Cliche, Robert Anderson, Carol McQuillen, Mark Fay, M. Fawsel, Lee & Katy Wrigley, Barb Brunelle, Linda Previti, Mary Lou & Paul Newhouse, Bob Furlong, Cindy Bourgea, Richard & Suzanne Gravel, Ginette Brainard, Lucy & Keith Marston, Charlene & George Maille, Theresa Graf, Harry Yawney, Priscilla Boucher; Eve Thorsen, Burlington Free Press 1. Executive Session: Mr. Condos moved the Council meet in Executive Session to discuss litigation. Mr. Flaherty seconded. Motion passed unanimously. 2. Councilmember Announcements: Mr. Maclaughlin reported that the Board of Channel 17 held its anniversary party last week at which time Councilman Flaherty was recognized for his service and accepted two awards on behalf of South Burlington. Mr. Cimonetti advised there will be an MPO meeting on Wednesday at 3 p.m. at the Regional Planning Office. On Thursday, at 10 a.m., the Agency of Transportation will hold a meeting in Charlotte to visit passenger rail sites. The city will be represented. Ms. Strait reminded members and the community of the Fire Department Open House on Sunday, 8 October. Mr. Condos thanked the Fire Department for their work on several recent major fires in the city. He also noted mutual aid responses from Winooski and Shelburne. 3. Adoption of Resolution of Appreciation for the Service of Catherine S. Debo: Mr. Cimonetti read the Resolution and noted that Ms. Debo will be leaving CCTA. Mr. Flaherty moved to adopt and sign the Resolution. Mr. Condos seconded. Motion passed unanimously. 4. Request for Approval of Coin Drop for Odyssey of the Mind$$, 14 October 1995: Ms. Strait said everything is in order. There will be no children in the intersection. Mr. Condos asked who will benefit from the event. Ms. McQuillen said all of the Odyssey groups but mostly those who go on to advanced competitions. Mr. Condos asked that there be no youngsters in the island as there were last year. Mr. Flaherty moved to approve the Coin Drop for Odyssey of the Mind for 14 October. Mr. Maclaughlin seconded. Motion passed unanimously. 5. Presentation of Information and Update from South Burlington Family Center: Ms. DiFerdinando gave members the Family Center schedule of coming events. The group's annual meeting is this Thursday. It is an open meeting and all are invited to attend at 2:45 p.m. at the Middle School. She noted that the group is a prevention oriented parent/family organization. Ms. DiFerdinando said the group is looking for a new location with more space for its activities. They want to know how to locate such a space and establish a location there. Parents have been asking for more prevention programs, and the group has had to scramble for space. Mr. Cimonetti asked Ms. DiFerdinando to describe a modest but acceptable facility. She replied it should have several rooms and be something along the size of the O'Brien Center. No staffing is needed but space for families to use for a playroom and classroom is essential. Ms. Leddy said they have been using school classrooms for their evening programs and the O'Brien Center for play groups. She asked if there is an existing space that they could use, possibly a city owned building. Mr. Flaherty said the Council would need to know the needs, costs, etc. and suggested a more detailed proposal. Mr. Chittenden asked if they had approached the school about a permanent space. Ms. DiFerdinando said as the budget needed to be chopped, that item was taken out of the school budget. They have been promised some temporary space where EEE programs are moving out, but even this space may be needed for the Middle School activities. Mr. Cimonetti reviewed the city owned buildings and explained the capital budget process. He suggested the group form a committee and said the Council would be willing to appoint a member to it to come up with a needs plan. 6. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Chittenden stepped down during the following discussions. A. Consider Possible Sanctions Against the Liquor License of SBC Enterprises, Inc., for Violation of Conditions of License: Mr. Cimonetti explained that this was a quasi-judicial hearing which would follow a very regulated process. Comments made must speak only to the alleged violations of the public indecency ordinance, the zoning regulations, and the liquor license. Mr. Cimonetti opened the hearing by asking for evidence on behalf of the city. Ms. Strait presented Board members with binders of copies of municipal complaints filed against Club Fantasy. She noted that Police Chief Graham was present to corroborate this evidence. Attorney Anderson made a request on behalf of SBC to continue the hearing to a later date as issues being considered embody topics of a lawsuit which has yet to be heard in the courts. He said it was his client's belief that the Liquor Control Board was not impartial in this matter. Mr. Cimonetti noted that SBC had made a request in Superior Court that the City be prevented from conducting this hearing and the judge had ruled there was no evidence to support SBC's claim. He stressed that this hearing was properly warned and said there was no reason not to continue. Mr. Anderson said it was their request that the matter be referred to the State Liquor Control Board and asked that no decision be made at this time. Mr. Cimonetti called the attention of Board members to two letters, dated 1 September and 14 September 1995 in which the city set forth the reasons for the hearing and the alleged violations. He then asked Chief Graham to review the violations. Chief Graham said tickets had been issued on municipal complaints for violations of the Entertainment Permit Ordinance and the Public Indecency Ordinance. Mr. Maclaughlin asked if Chief Graham felt the system of citation used could pose a public safety to those bringing violations to the attention of police or to officers who appeared to issue citations. Mr. Graham said officers did not indicate that was a problem and disruptive behavior had not been witnessed. He said it appears that officers have been accommodated. Mr. Cliche said he believes the suspension liquor license would act in a negative way to the community. He felt there was a question as to whether the Board could suspend the liquor license on the basis of the entertainment provided. He cited laws dealing with nudity that did not pass in the Legislature and also a law which would have allowed the Liquor Control Boards to regulate entertainment. He accused the city of delaying action on his permits so they could give tickets. He said the City Council was acting for themselves and not for the city. Mr. Cliche then cited what he considered to be community benefits from his business including the employment of 30 people, rentals of rooms, restaurant and mall sales, gas station business, and businesses for support services for Club Fantasy (printing, etc.) He said he paid a lot of money for the club and can't pay it back if he's closed. He said there were no problems at the club, no fights and no excessive drinking. Mr. Anderson said his client has claimed he never saw the zoning violation notice of 8/12/95 from the Zoning Administrator. Mr. Anderson said his client does not deny receiving the citations and does not deny the allegations occurred. It is the entire issue of the entertainment permit that is being challenged as well as the nudity ordinance and the zoning regulations. He said his client had opened the business before the court case was settled due to financial reasons. Mr. Cimonetti stressed that at public hearing when the liquor license was granted, Mr. Cliche had said he would not violate any federal, state or city laws. He had also specifically stated he would not violate the city's indecency ordinance. These ordinances have been violated. Mr. Anderson said they are challenging the authority of the city to enact such ordinances and that what they said at the previous hearings was said under duress. Mr. Cliche said on one ticket for violation of the nudity law the dancers was covered but apparently the covering wasn't opaque enough. Mr. Condos said he was troubled because the Council had given SBC the benefit of the doubt when they agreed not to violate any laws. He said these laws are valid until a court says otherwise. He noted that on the Entertainment Permit there is an indication of the type of entertainment allowed. He asked what would stop SBC from operating their business within these guidelines. Mr. Anderson said that certainly business could be operated in that way. Mr. Maclaughlin said he has been frustrated all through this process by not getting clear and concise answers so he could do his job fairly. He felt the Board asked clear questions and noted that he specifically asked if SBC intended to provide live dance troops and Mr. Cliche had said no. Mr. Maclaughlin said that based on that answer he had voted to approve the permit. He asked why SBC has found it necessary to violate the permit when it could have operated within the parameters set forth and thus gain the respect of the community. Mr. Cliche responded that he believed the ordinance is invalid. He said he has debts to pay and felt the business needed to stay open and he needed this type of entertainment. Mr. Cimonetti then asked for comments from the public. The following statements were made: a. Andrew McDonald: Mr. McDonald said he lives in Montreal but may move to S. Burlington. He is the Club Fantasy manager with 10 years experience in management. He said he would not manage a business he didn't feel was right. He said he felt the Board did not have the authority to issue entertainment permits. He added that police officers were treated very well at the club. B. Dina Krafman: Ms. Krafman read a letter from another dancer at the club noting this is a well paying job which has enabled her to pay off her debts. She felt the city shouldn't take away her right to earn a living as she wants. Ms. Krafman said the club is very classy and respectable with no trashy people. Dancers have families, friends, morals. She didn't feel they should be punished for their profession. She said she came to S. Burlington to get away from Boston where she had a rough childhood. If the club is closed, she said, she would have no place to go. C. Sarah Cadorette said she is a bar waitress and also an honor student at Champlain College. She is supporting a child by herself and didn't feel what she is doing is wrong. She felt the girls wear enough to cover what needs to be covered. D. Priscilla Blucher said she is a 25 year old mother of 2 and says this job supports her and is keeping her off welfare. She said they try to follow the rules. E. Madelaine Thompson said she was the first dancer to be cited and said they are still being cited even though they are covered. She said she wants to better her life and be a positive person in the community. F. Rev. James Tomlinson said he did an independent study in the club between 6 p.m. and 2 a.m. for 20 days. He interviewed people. He said he is a village trustee in Westford and believed you have to prove an ordinance is warranted. He felt this ordinance was reactionary. G. Greg Willard read a message from Raymond Savage, a worker at the club who was concerned that his job is in jeopardy. He has a family and bills to pay and noted that jobs are hard to come by. H. Scott Smith said he is Vice President of Limos for Less and Owner of the Steer and Stein Pub. He said he would lose business if laws are twisted. I. John Flynn said he was confused. There used to be a bar like this that had police there very often but the City Council never tried to close them down. J. Bob Bouvier said the City Council passed a law overwhelmingly. The club owner said he would obey the law. The law has been broken many times. He said that emotionally he would like to see the club closed and felt they should be told that if they break the law again they will be shut down. K. Lee Wrigley said he didn't see a choice. The law had to be enforced. L. Victoria Yandow, a college student working at the club, said that if she lost her job, her child would lose health insurance and they would have no place to live. She felt the law should be changed. M. Carol Nedde said that if the entertainment permit said there was to be only patron dancing, there should be no dancers employed at the club. Based on this, the license should be suspended. She felt a trust has been broken and SBC has intentionally disregarded an agreement. She also noted that the young women who have spoken are trying to find a place in life and she felt the community has to deal with this. She said she was touched by what they had said, but she was still not comfortable giving the club another chance. N. Steve Nedde said that he is also starting business and he has to abide by laws of the state and city. He noted SBC said they would abide by the laws until such time as they were changed. He stressed that it was not the city that would be costing people their jobs but Club Fantasy which never had a right to hire them for those jobs. O. Chris Stanbauer said that Mr. Cliche brought the dancers here without the right to do so. That was not the city's fault. P. Dan Hamlin is employed as doorman at the club and they don't allow excessive drinking. He invited the Board to visit the club and said he felt they were acting like kids. Q. Dave Emmons said he'd been in the club twice and didn't see nudity going on. Mr. Cliche said that under state law a cabaret doesn't need an entertainment permit. He said he filled out the permit in good faith because the Board asked him to. He presented the Board with 1,000 signatures of those who support the club. He said he felt the City Council tried to do something morally right, but this is about what is legal and illegal. Mr. Anderson requested a decision be postponed until after a court decision. Mr. Condos said the club chose not to operate the business in conformance with the laws. Mr. Cliche specifically said there would be no professional dance troops. The club was not prevented from opening in conformance with the laws. Mr. Flaherty moved to close the Public Hearing. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Cimonetti outlined the Board's options: to continue to deliberate, to deliberate in Executive Session, to take action or to take no action, to issue findings of fact. Ms. Thorsen asked whether they were allowed to meet in Executive Session. The City Attorney said that "deliberation" is excluded from the open meeting law. The decision must be announced in open session. Mr. Flaherty moved the Liquor Control Board adjourn and reconvene as City Council in Executive Session to discuss litigation, contract negotiations and for purposes of deliberation and to resume regular session only for the purpose of taking action on warned items and/or adjournment. Mr. Condos seconded. Motion passed unanimously. REGULAR SESSION: Mike Flaherty made a motion to return to Regular Session at 10:50 PM. The motion was seconded by Dave MacLaughlin. The motion passed unanimously (4-0). Mike Flaherty made a motion to approve the fire contract, Dave MacLaughlin seconded the motion. The motion was passed unanimously (4-0). Jim Condos made the motion to approve the schedule of payment in lieu of taxes for the Burlington International Airport and to authorize Steve Stitzel, Attorney, to prepare a final agreement. This motion was seconded by Mike Flaherty. The motion was passed unanimously (4-0). Mike Flaherty moved to adjourn the meeting, Jim Condos seconded this motion. The motion was passed unanimously (4-0). The meeting was adjourned at 10:55 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.