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HomeMy WebLinkAboutMinutes - City Council - 01/29/1996CITY COUNCIL 29 January 1996 The South Burlington City Council held a meeting on Monday, 29 January 1996, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, James Condos, Robert Chittenden Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Margaret Picard, City Clerk/Treasurer; Joe Weith, City Planner; Bruce O'Neill, Recreation Dept; Shelley Snyder, Cindy Provost, Natural Resources Committee; Eve Thorsen, Free Press; Dean Economou, Frank Mazur, Mark Kestler, Jimmy Leas, Randall Kay, Dean Zoecklein, John Dinklage 1. Comments & Questions from the Public (not related to agenda items): No issues were raised. 2. Announcements/City Manager's Report: Mr. Hafter announced the following: a. The annual CCTA budget meeting will be held at 5 p.m. on 31 January. b. The reappraisal process is proceeding. The three final interviews will be held tomorrow at 1 p.m. c. Local Government Day is 13 February in the Legislature. Mr. Hafter and Ms. Picard will represent the city. d. The city has been awarded an Agency of Transportation grant of $4700 for landscaping on the Recreation Path on Dorset Street from Kennedy Drive to the Park. e. Members will have to discuss the date of the next meeting as two members can't be present on 4 February and that will result in there not being a quorum. 3. Acceptance of Resignation of David Maclaughlin from the City Council; Appointment of new Council Clerk, Discussion of Procedure for Replacement by Council: Mr. Flaherty moved to accept the resignation of David Maclaughlin from the City Council. Mr.Condos seconded. Motion passed unanimously. Mr. Flaherty moved to appoint Mr. Chittenden as Clerk of the City Council. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti said the City Council has the right to replace Mr. Maclaughlin until the May election (21 May). Mr. Chittenden did not feel the Council should make an appointment so close to the election, especially with so many people wanting to run for the Council seats. He felt the Council would be making one candidate an incumbent. Mr. Condos said he had also considered the negatives to making an appointment but felt there were other issues that overweighed the negatives. He cited issues of getting a quorum, tie votes, a Liquor Control Board with only 3 members and all Liquor Licenses up for renewal in April, the fact that budget time is the busiest time of the year, and the need to act in a timely manner on ballot issues. Mr. Flaherty said he could understand both points of view. Mr. Cimonetti noted he would be away for the two week period from 5-15 February and also for a two week period in March. Mr. Dinklage urged the Council to fill the position for the reasons stated by Mr. Condos. He felt the city has a tradition of governing well and that budget time was important. Mr. Cimonetti said he personally desired to fill the position. He would want to announce the Council's intention to interview and then conduct such interviews. He said his major concern was the perception that the Council was making someone an incumbent. Mr. Chittenden questioned whether there was enough time to get people up to speed on issues in the city. He also felt it unfair to appoint one person over the other who will be running for office. After a brief discussion, it was decided to give public notification of the Council's intent to interview applicants for the open Council seat on 19 February with the possibility that the Council will make an appointment if it so chooses. Members agreed that this 19 February meeting would be the next regularly scheduled meeting. 4. Presentation of Update from Natural Resources Committee: Ms. Snyder reported that the Committee had joined with the Friends of the Hort Farm to do a series of workshops at the Hort Farm. They also continue to get information on Potash Brook with the assistance of Middle School youngsters. The Committee received a $4,000 grant to do a tree inventory. 9th grade students from the High School and volunteers from the community have helped in this project and the work is almost done. The Committee still reviews site plans and are currently watching one area where there is a serious violation of a CO Zone. Ms. Snyder noted the Committee is now down to 4 members and asked the Council to advertise their interest in getting new members. 5. Public Hearing on Amendments to the Comprehensive Plan and Zoning Ordinance Affecting Approximately 550 Acres of Land Located Both East and West of Dorset Street, South of Swift Street and North of Old Cross Road; Consideration of Second Reading of Same: Mr. Weith noted that the last change made by the Council was to the Recommendation Section in the chapter on Schools. There had been a recommendation that the city specify a school site in the Southeast Quadrant, but at the last meeting the Council decided to take out the specific site and make the language more general. The Planning Commission had differing opinion on this which Mr. Cimonetti read from an accompanying memo. Mr. Flaherty moved to waive reading of the proposed changes to the Comprehensive Plan and Zoning Regulations. Mr. Condos seconded. Motion passed unanimously. Mr. Leas felt it was a shame to lose the opportunity for the land for a specific school site. He suggested putting it on the ballot and having people vote on it. Mr. Dinklage felt the referendum has already been made and that the city must now buy the land or look elsewhere. Mr. Chittenden didn't feel a new school was necessary at all. He felt the existing school could be enlarged. Mr. Condos felt that was the School Board's decision to make. He said what bothers him is that the Council has asked the School Board many times about this issue and has never gotten an answer. Mr. Kay asked that the major changes to the Comprehensive Plan and Zoning Regulations be summarized. Mr. Cimonetti said the major changes involve the park and school site. With regard to the park, new language allows alternative types of recreational use and also eliminates a road. Mr. Flaherty moved to close the public hearing. Mr. Condos seconded. Motion passed unanimously. Mr. Flaherty than, moved to approve the second reading of the proposed amendments to the Comprehensive Plan and Zoning Ordinance as presented tonight. Mr. Condos seconded. Mr. Chittenden said he disapproves of the wording on the school but still supports the Economou project and would thus vote against the amendments. The motion then passed 3-1 with Mr. Chittenden voting against. 6. Consideration of First Reading of Amendment to Motor Vehicle and Traffic Regulations; "No Parking Zone" West Side of Central Avenue from Queen City Park Rd. to the Entrance of Red Rocks Park: Mr. Cimonetti noted the Council had considered this 2 years ago and that there were two problems involved: loss of revenue from parking and problems with on-the- street parking. Mr. Flaherty moved to accept the first reading of the proposed amendment to the Motor Vehicle and Traffic Regulations and to set a public hearing for 19 February. Mr. Condos seconded. Mr. O'Neill noted a lot of out of state cars and students are parking outside the gate to the park on the street. Mr. Condos noted this has created a sight-line problem when exiting the park. Mr. Chittenden didn't think people who pay taxes should have to pay. Mr. O'Neill said he had no problem making the No Parking restriction only for operating hours of the park. Members agreed to change the language accordingly. The motion then passed unanimously. 7. Presentation from Citizen's Group on Possible Participation of South Burlington in Sister City Program: Patty Hallam and Elena Satigorsky said they had met with lawyer Howard Seavers on this and he assured them they would need no money from the city and that the project could be run by volunteers. They are looking for support and enthusiasm from the Council and would also need letters of official invitation and possibly someone "official" to greet arriving visitors, etc. The project would probably be run through "Sister Cities International." Mr. Flaherty felt it was a wonderful idea, especially for youngsters in the community. Mr. Chittenden felt it has been expensive to send officials of neighboring cities. Ms. Hallam said all "sister city" official visits have not been paid for from public funds. Mr. Flaherty moved the Council give its general support of the Sister Cities concept as presented and to invite the group to submit its application to the Council. Mr. Condos seconded. Motion passed 3-1 with Mr. Chittenden opposing. 8. Consideration of Adoption of "Policy on Drug and Alcohol Testing" for Holders of Commercial Driver's Licenses Pursuant to Federal Law: Mr. Hafter explained that this is the wording from the VLCT as required by Federal Law. Members then briefly discussed the testing procedure. Mr. Flaherty moved to adopt the Policy, on Drug and Alcohol Testing as presented. Mr. Condos seconded. Motion passed unanimously. 9. Consideration of Request from the Pines Senior Living Community for Waiver of Impact Fees Related to Senior Center: Mr. Condos moved that as no one representing the Pines was present, the item be tabled until a representative can be asked to be present. Mr. Flaherty seconded. Motion passed unanimously. 10. Discussion of Machinery & Equipment (Business Property) Tax; Recommendation to Refer to City Charter Committee for Study of Elimination of Tax: Mr. Flaherty noted it will be put on the towns to make up for the tax revenue. The bill is now in the Ways and Means Committee and appears to have support of both parties. Mr. Cimonetti added that Essex and Williston will have votes to eliminate the tax over a 5 year period. Mr. Chittenden moved to give the issue for the City Charter Committee with the intention of moving toward a vote in the May election. Mr. Flaherty seconded. Motion passed unanimously. 11. Acceptance of Resignation of Joseph Randazzo from the Zoning Board of Authority: Mr. Flaherty moved to accept the resignation of Joe Randazzo from the Zoning Board and to have the City Manager send a letter of appreciation for his services. Mr. Chittenden seconded. Motion passed unanimously. 12. Review Planning Commission Agenda for 30 January and Zoning Board Agenda for 12 February: No issues were raised. 13. Review City Council Minutes for 4 December and 8 January: Mr. Condos moved to approve the Minutes of 4 December and 8 January as written. Mr. Flaherty seconded. Motion passed unanimously. 14. Sign Disbursement Orders: Disbursement Orders were signed. 15. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Flaherty, seconded. Motion passed unanimously. Mr. Chittenden stepped down. a. Consider Second Class License for Champlain Valley Sunoco, 1143 Williston Rd: Mr. Hafter noted this is a new owner situation and that everything is in order. Mr. Flaherty moved to approve the Second Class License request of Champlain Valley Sunoco as presented Mr. Condos seconded. Motion passed unanimously. Executive Session: Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to discuss Litigation and Personnel issues and to resume regular session only for the purpose of adjournment. Mr. Condos seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. Mr. Condos moved adjournment. Mr. Flaherty seconded. The motion passed unanimously. The meeting adjourned at 11:00 PM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.