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HomeMy WebLinkAboutMinutes - City Council - 07/06/1998CITY COUNCIL 6 JULY 1998 The South Burlington City Council held a regular meeting on Monday, 6 July 1998, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, Terrence Sheahan, Joan Britt Also Present: Charles Hafter, City Manager; Peg Strait, Assistant City Manager; Margaret Picard, City Clerk/Treasurer; Albert Audette, Highway Dept; Reps. Ann Pugh, Frank Mazur; Shelley Snyder, Natural Resources Committee; Anna Johnston, The Other Paper; Channel 17; Moe Cloutier, Bill Miller, David Els, G.H. Bowers, Jr., John & Marlene Stephens, Ben Snyder, Sarah Cummings, Judy McClellan, L. Fife, Carol Cummings, P. Majercik, Bob Chittenden, Maurice LeDuc, Jayme Magowan, Mariafranca Morcelli, Sylvia Smith, John Holliman 1. Comments & Questions from the Audience (not related to Agenda items): a. Mr. Mazur extended thanks to the city for its actions during the recent storm and flooding. He reviewed the history of problems at Bartlett Bay, particularly the cleaning of the drainage ditch. He felt the city has to address the problems and urged the Council to work with the City Manager and Bartlett Bay residents. Mr. Cimonetti said several areas in the city were pushed beyond capacity by this storm incident. Queen City Park was one and Allen Road another. He said the city has to bite at the problem a step at a time. An analysis will be done, and money will be added to the capital program to address the needs. b. George Bowers also thanked the city and the contractor who helped at Bartlett Bay. He said this is the second time in 10 years they have had 6 inches of water in their basement. He added that he has a valid expectation that the city will soon look into what can be done. He asked the City Council to make a commitment to get an engineering study done soon. Mr. Condos noted that there are plans to include some drainage work as part of the Shelburne Rd. project, but because of actions by business owners that project has now been delayed. The city also got a grant to build stormwater retention ponds in that area. Ms. Morcelli thanked the city and especially the Fire Department for saving her home while she was away. Ms. Stephens thanked the city for its prompt action in saving their home during the storm. She said she is very anxious for something to be done to correct the situation. 2. Announcements & City Manager's Report: a. Ms. Britt reported that there is unused air time on Channel 17. She asked interested community members to contact her with ideas for programming (e.g., profiles of citizens, historical perspectives, etc.). b. Mr. Cimonetti said he was told that the Vermont National Golf Course will have its formal opening in 2 weeks. The Council has been invited to participate in the ceremony. The course will be open for play on 15 July. There will be opportunities for public play. c. Mr. Hafter said the MPO met today and opened the technical proposals for the Exit 13 scoping study. They hope to award a contract next week. The study is to be completed by June, 1999. The Correction Center Liaison Committee will meet on Wednesday at 4 p.m. They are asking for answers on how many prisoners from South Burlington will go to Virginia. Mr. Turner has said he hopes to get the facility to 198 inmates in the next few weeks. Mr. Hafter also noted that a 1985 fire inspection resulted in a list of 16 items that had to be addressed. Only half of these have been done. The city has asked why and were told the State didn't have enough money. Mr. Hafter stressed that this is not an acceptable answer. There is a conflict between the date of the next Council Meeting and an ad hoc gathering of communities in the County. Members agreed to meet on Tuesday, 21 July instead. Mr. Cimonetti asked that at that meeting a full discussion of storm problems be on the agenda including what it will take to analyze critical problems in the city. He praised Mr. Audette and his department for the outstanding work they did during the storm. 3. Discussion of Property Tax Due Dates: Mr. Cimonetti noted that the first tax installment has been due on 15 July. Because of recent changes in the property tax situation (reappraisal, Act 60, etc.), many taxpayers have felt a severe impact on their taxes. The city has received a lot of calls from concerned people who have budgeted a certain amount for taxes but didn't anticipate the amount of the increase. Many of these people are eligible for state "prebates" which may not got out in time for the 15 July due date. The city felt something had to be considered to address these situations. Ms. Smith noted that state law says a municipality can change the due date of taxes and suggested having taxes due on 1 August instead of 15 July. Mr. Cimonetti said another alternative is to extend the "forgiveness period" for delinquent taxes. Mr. Cloutier noted his takes are up 40%. He appreciated the Council trying to keep the tax rate down and felt the culprit is the School Board. He asked if there is a way the Council can address this. Mr. Condos said the city tax rate has been reduced for the 5th straight year. He also noted that 15% of the total tax bill is related to Act 60 over which the city and School Board have no control. Mr. Cimonetti explained why the school budget went up. Some of the increase is for operating expenses, some for new debt voted on by taxpayers (the city has no new debt). The City Council and School Board meet together as the Steering Committee, but the responsibility for the school budget is still with the School Commissioners. Mr. Hafter added that 26¢ of the school tax rate is directly attributable to Act 60. Mr. Cimonetti noted that some money does come back to South Burlington from Act 60 in the form of prebates to homeowners who qualify. He did not know how many people that would affect. Ms. Morcelli said it would be nice to know how much money South Burlington has contributed to Act 60 to help other communities. Mr. Cimonetti said that sadly the city may never know that figure. He also noted that next year the State will collect the school property tax directly. Ms. Picard suggested the city not charge interest and penalties until August 15th. Mr. Cimonetti asked if the city can handle the delay in receiving funds. Ms. Picard said the city has to pay the schools 20 days after taxes are collected and asked if that can be done. Mr. Cimonetti noted the city still has to pay the schools even if the money doesn't come in. He said he wanted the School Commissioners to "share the pain" if there is pain. He added there will be a cost if money has to be borrowed. Ms. Smith said the School Board has had it very good for a long time, and she felt they owe it to residents. Mr. Hafter said he talked with the Superintendent of Schools who is very supportive and feels they can work with the city on this. Mr. Condos then moved to maintain the first installment due date of 15 July but to waive interest and penalties until 14 August at 4:30 p.m. and for payments postmarked up to 14 August 1998. Mr. Sheahan seconded. Motion passed unanimously. Mr. Cimonetti noted that automatic payments will be gotten from banks on 14 August. A letter will be mailed to all taxpayers tomorrow explaining this action. 4. Discussion with Bill Miller, VP, National Gardening Association, regarding potential for renovation and reuse of Calkins House and adjacent property: Mr. Cimonetti noted the city has been looking for an appropriate use for this property and feels the National Gardening proposal is very interesting. Mr. Miller and Mr. Els explained that they now own property on Farrell St. which has been developed. They had thought to use that property for their national headquarters, but they have been unable to do that as there is not enough room for garden space for demonstrations, etc. He felt this was an opportunity for a partnership with the city to develop and utilize the Calkins House site. He then explained the nature of their company and the charitable work and educational programs they do. He suggested formation of a planning group to put together a formal proposal. Mr. Els said they would hope to preserve the current nature of the building with possibly an addition to it. Mr. Cimonetti said the city would want to retain title to the building and property, as they have done with the ice arena. Mr. Els felt that would be acceptable to them. Mr. Condos asked if there would be tours of the facility. Mr. Els said definitely. They would like a botanical garden, also a garden for those who are physically challenged. There is also the possibility of a CSA for people to work with a farmer to generate produce for families. Ms. Britt asked about the impact on traffic, etc. Mr. Els said they haven't held national meetings in Vermont and did not see heavy traffic utilization of the site. Ms. Clift asked about other buildings on that property which are not being well maintained. Mr. Cimonetti said one is used for some storage but will be removed from the site at some time. Ms. Clift also asked about walking trails. Mr. Cimonetti said the city now has 200 acres. There is a developed area (ice rink, etc.), and there are plans for walking trails and possibly a carriage path. This property could be part of those plans. Mr. Sheahan felt this is a great opportunity for the city and asked if there are zoning issues. Mr. Cimonetti felt there might be a question of an "office building" in the city park, but that could be addressed by the ad hoc committee. He suggested at least one City Council member and members from Planning/Zoning and the Recreation/Parks Department. 5. Update from Natural Resources Committee: Ms. Snyder said they are working on an enhancement grant which involves the retention ponds in the Bartlett Bay area. She stressed the importance of wetlands and said that every time a wetland is filled in, there is more water in the streets. Ms. Snyder noted there was not as much participation in Green Up Day this year. She suggested the possibility of a "dumping depot" at the next Green Up Day. The Committee needs more members. Ms. Morcelli said she would like to be a member. An ad will be placed in The Other Paper asking for additional membership. The Committee is also making recommendations for Zoning Regulations. They are trying to reduce the cumulative affect of wetland variances. Ms. Snyder noted that trees are being cut down in the right-of-way which is also a problem. Finally, Ms. Snyder suggested limiting the "shelf life" of development plans as there are things being built today that would not be approved under present regulations. 7. Discussion with Frank Mazur, CCTA representative: Mr. Mazur noted that ridership is down slightly mainly due to the fact that Burlington is no longer subsidizing the College St. Shuttle. They have gotten some new buses but will no longer get the smaller buses as they do not meet the needs of the ridership. They also have one electric bus in a pilot program. CCTA is doing some work with businesses (e.g., Ben & Jerry's) to take people to work from Burlington. There is also a grant being prepared to address senior citizen needs. CCTA is also looking into alternatives to funding and is working with SSTA to try to reduce their costs. Some of the things accomplished this year include: a Green Up Day project, emergency use of buses to get people out of their homes during the ice storm, development of standards for the commuter rail project. They are also doing a marketing plan in house. Contract negotiations are now being held with the union and they are currently in mediation. Mr. Sheahan asked how SSTA is funded. Mr. Mazur said South Burlington is billed on usage. He noted there has been a significant increase in South Burlington, mainly due to the number of projects for elderly citizens. Mr. Cimonetti noted there doesn't seem to be a growing population asking for this service, just the same population asking for more service. Mr. Cimonetti felt this system is being badly misused. Mr. Mazur said everyone who signs up has to be approved, and users must qualify. Qualification means people can go anywhere. He stressed that Federal Law says this service must be provided. If you have fixed routes, you must provide parallel routes. Mr. Mazur said taxi service wouldn't work because you have to have special equipment for the handicapped to have access. Mr. Condos said he felt CCTA should be pushing for a rail station. He noted that the numbers the state used included South Burlington ridership. He stressed that the city would like a station at Southland which is where CCTA wants to locate a hub. Mr. Cimonetti stressed that Mr. Mazur, in his position as representative to CCTA from South Burlington, should support South Burlington directives. 7. Consideration of City Manager's proposal on allocation of Social Services funding: Mr. Hafter explained that the budget includes $40,000 for social services funding. There is also $1500 from a police block grant for a total of $41,500. Requests for funding amounted to $50,600. It was decided to level fund all agencies from last year. Mr. Condos moved to approve the staff recommendation as presented. Ms. Britt seconded. Motion passed unanimously. 8. Acceptance of resignation of Bill Simendinger from Zoning Board of Authority; discussion of interview schedule for applicants to boards: Mr. Condos moved to accept the resignation of Bill Simendinger from the Zoning Board. Mr. Sheahan seconded. Motion passed unanimously. Mr. Cimonetti noted receipt of a letter from Fred Blais who wishes to leave the Zoning Board but is willing to serve until replaced. Mr. Hafter said there will be 3 positions available on the Zoning Board and 2 on the Planning Commission. Interviews will be held on 21 July. Interviews for other Boards will be held on 3 August. With the exception of Planning and Zoning, incumbents will not be required to be interviewed. 9. Discussion of Council Goal Setting 1998-9: Mr. Hafter recommended postponing this until the next agenda and asked that each Council member present 3-5 goals they would like to work on in the coming year. 10. Review Planning Commission Agenda for Meeting to be Held on 7 July 1998: No issues were raised. 11. Review Zoning Notice for Public Hearing to be held on 13 July 1998: Ms. Britt said she was concerned with the big picture for variances issued along the shore. She suggested someone do an inventory of what has been done in past years. She noted there are two requests in that area on the 13 July agenda, both involving setbacks from the shore. Mr. Cimonetti suggested having the Code Officer provide a memo on this. Mr. Condos noted item #5 involves a very small site. 12. Review Minutes of 15 June 1998: Mr. Condos moved to approve the Minutes of 15 June as written. Ms. Britt seconded. Motion passed unanimously. 13. Sign Disbursement Orders: Disbursement Orders were signed. Mr. Cimonetti noted that in Executive Session there would be a discussion on property near the Van Sicklen Bridge. He asked for public comment on that issue. Mr. Fife noted there is a proposal from the state to build a new bridge which would be moved from its present location into part of his property. The state would then extend the road into Williston, lifting the road one to one and a half feet. Mr. Fife felt the plan would put his home under serious flood danger. There is an overflow that can go two feet above the road before it goes to his house; if the road is raised, the flow will now flood his home. He stressed that he has lived there for 25 years and knows what happens. Mr. Fife also noted the brook meanders and has meandered about 7 feet in the direction of his property. The distance from the brook to his driveway is perilously narrow and will be much more vulnerable if the bridge is moved 9 ft. onto his property. In addition, Mr. Fife felt that moving the bridge and the road 6 feet south lets people come down the hill at a rapid pace toward a curve that is very dangerous. There have been several serious accidents in that location. Mr. Fife felt the bridge should be moved 9 ft. to the north and that the curve should be taken out. Mr. Audette said the state held hearings on this 2 years ago and no problems were brought up. He said there would be no permanent property taking as far as the road is concerned; all taking is in the stream. Mr. Cimonetti said the state has said if the city doesn't make a commitment on the project it will be taken out of the state plan. He felt the city has a lot of learning to do on this, and the Council will discuss legal options in executive session tonight. He hoped the issues could be resolved. 14. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Sheahan seconded. Motion passed unanimously. a. Request from Stelex Corporation dba One Flight Up, Burlington International Airport, for satellite location at south entrance of renovated building: Mr. Hafter said the site is adjacent to the snack bar near the US Air gates. Mr. Cimonetti asked how the consumption area will be controlled. Mr. Magowan said there will be full control of service and signage to indicate consumption only in the enclosed area. The area will always be attended, and all personnel will be certified by the state. Mr. Cimonetti was concerned that people who are encouraged to walk away with a cup of coffee might do the same with beer or wine. Mr. Magowan said controlled drinks will be served only in the controlled area in a different kind of container from soft drinks. He felt it would be very difficult for anyone to try to take a controlled drink out of the area. Mr. Cimonetti said he would like something attached to the license that indicates this is a separate, controlled area. Mr. Condos moved to approve the request of Stelex Corporation dba One Flight Up to expand sale of beer and wine to a satellite area with the stipulation that this occur in a controlled location. Ms. Britt seconded. Motion passed unanimously. b. First Class request for JAM Golf, LLC: Mr. Cimonetti noted that there is a patio area in the basement of the farmhouse that will contain a pro shop and a tiny catered snack bar. The applicant wants to sell beer and wine but would apply for a third class license in the future. Mr. Holliman said they will also have a beverage cart on the golf course to include beer and wine in addition to soft drinks. They have to apply to the state for this. Mr. Sheahan asked if the vendor must be 21 years old. Mr. Holliman said 18 or older can serve. He added they would hire college students for this. Mr. Sheahan moved to approve the application of JAM Golf, LLC. as presented. Ms. Britt seconded. Motion passed unanimously. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss contract negotiations and litigation and to resume regular session only to adjourn or to take an action on items discussed. Mr. Sheahan seconded. Motion passed unanimously. Regular Session: Council returned to regular session. Mr. Sheahan moved adjournment. Mr. Condos seconded. Motion passed unanimously. The meeting adjourned at 11:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.