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HomeMy WebLinkAboutMinutes - City Council - 04/04/2005CITY COUNCIL 4 APRIL 2005 The South Burlington City Council held a regular meeting on Monday, 4 April 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; T. Sheahan, C. Smith, S. Magowan Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; T. Hubbard, Recreation Director; J. McLain, City Attorney; B. Vogel, B. Nugent, E. Waibel, D. Henry, B. Leslie, M. Seagrist-Jones, K. Dunn, S. Silverman 1. Comments & Questions from the Audience not related to agenda items: Mr. Vogel addressed the Council with a concern about street lamps and whether they are requested by the city in the approval of a development. Mr. Hafter said this has been the case in the recent past for safety issues and because many people want them. Mr. Vogel said when members of the Police spoke to an AARP group regarding safety, one issue that came up were streetlights. Mr. Vogel was interested in having street lamps removed replaced near his home. Mr. Hafter said the city usually asks for a recommendation from a Prudential Committee of the neighborhood as it can be a difficult situation if all neighbors don't agree. Mr. Vogel said someone represented them falsely, as there was never a consensus of the community or of the whole Prudential Committee in Queen City Park. Mr. Hafter agreed to look into the situation. Mr. Nugent then expressed concern with an article in the Free Press regarding racial profiling by the Police of a black minister. He asked if the City Council has any initiative to promote racial sensitivity. Mr. Condos said the City Council does not condone any racial profiling and there is an investigation going on by the appropriate parties. The City Manager and Chief of Police have been notified of the Council's concern. Mr. Hafter added that he is in the process of developing a community procedure and would welcome participation by Mr. Nugent and other interested persons. 2. Announcements and City Manager's Report: Mr. Sheahan: Will attend Executive Committee meeting of RPC, 14 April, 5 p.m. Mr. Condos: There will be a public hearing on the proposed City and School 2005-6 budgets on Thursday, 7 April, 7:30 p.m. All are invited to attend. Mr. Hafter: The Lake Champlain Housing Committee will meet on 6 April, Noon, in Winooski. The MPO Route 2 Study Committee will meet on 8 April, 1:45 p.m. The City Council meeting on 18 April will include an item on the adoption of interim zoning. Mr. Condos noted that Item #6 on the Agenda, the approval of the election warning would not be heard at this meeting as there are still petitions being circulated which have until 7 April to be turned in. The Council will meet on Monday, 11 April, 7 p.m., to consider the election warning and any petitions that are received. 3. Discussion with Bartlett Bay Community Committee about Planned VELCO Transmission Line Upgrade Project: Mr. Magowan excused himself from this item due to a conflict of interest. Mr. Condos noted that he and Mr. Hafter attended on neighborhood meeting. The current issue is whether the City will appeal the VELCO order or pay for neighbors to appeal. That discussion would be held in executive session. Mr. Waibel then explained the neighborhood's concerns. These involve the upgrade itself and the lack of notification to their neighborhood. Neighbors feel they were denied participation in an issue that concerns their health and safety. Mr. Waibel presented a petition signed by residents expressing these concerns. He noted that the deadline for appealing the VELCO decision is 11 April. Mr. Waibel then reviewed the specific concerns with the proposed project. He noted that readings were taken on a neighbor's lawn and the reading already exceeded what is recommended by the National Radiological Protection Board as of 2001. He said VELCO continues to use 1996 information in their claim that there are no safety or health concerns to residents despite the fact that the 2001 report indicates that these high reading double the risk of leukemia in children. The neighbors have 4 objectives, which Mr. Waibel outlined: 1. That the City Council ask the City Attorney to prepare an appeal to the Vermont Supreme Court based on the fact that neighbors were not notified of the line upgrade and the process to appeal. 2. That the City supports the neighbors' position to lower the ELF/EMF of power lines either by burial or relocation as far east as possible, even if it means getting additional right-of-way. 3. That the City supports the position that reading is taken at regular intervals and those lines are shut down if readings are above the 2001 recommendations. Monitoring should be done by an independent testing lab at least twice a day at peak periods for as long as the line exists. If the line exceeds the standard, VELCO should be fined and the money put in a fund for further testing and to help people afflicted with medical issues because of adverse affects of the line. 4. That the City supports the position of equal treatment for this neighborhood. If in the future, lines are required to be buried in other communities, VELCO should be made to come back and bury the one in the QCP community. Ms. Leslie, whose home is 115 ft. from the line, said she is very concerned. She felt it is more prudent to avoid health issues than to pay for them later. Ms. Seagrist-Jones agreed with this position and was also concerned with property values decreasing because of the upgraded line. Ms. Henry, attorney with the Public Service Board, spoke about the order that was issued and the status today. The Board order was issued at the end of January. Appeal time to the Vermont Supreme Court is until 11 April. Following that, the case will go into "post certification." Ms. Henry noted that some specifics of the line upgrade aren't answered yet for the whole route. VELCO has asked for an extension to do that until 18 April. The expectation is they will start the project in the Rutland area first. Affected property owners will have the opportunity to comment on the final specifics. Ms. Henry noted that with regard to aesthetics, the upgraded line would look no different from what it looks like today. Ms. Henry said the Dept. of Health did look at electro-magnetic fields and those steel poles. She said the change would actually decrease what exists today because of added efficiency except under maximum conditions. With regard to health issues, Ms. Henry said there has been presentation of a "weak association" between magnetic fields and childhood leukemia. Mr. Hafter asked if the Board was satisfied with all the testimony it had. Ms. Henry said the Board order did not express any dissatisfaction with the information it had. Mr. Condos asked about notification. Ms. Henry said the Supreme Court said 30 years ago that individual notification to landowners is not required. VECO agreed to notify landowners, and such notice was sent to those along the route. The Board felt notification was adequate. Mr. Waibel said the City has a written policy that says lines will be buried when possible. He said homeowners in new subdivisions paid for their utility lines to be buried when they bought their homes. He added that State rules say that if a municipality has a procedure, it should be followed. Mr. Waibel agreed there would be less power when the line is first put in, but he felt it will increase every year, and VELCO has approval to more than double the power (217%). This covers VELCO for 30 years, and the neighborhood gets more radiation every year because of that. Mr. Waibel noted that the PSB required VELCO to report back to them in the next 5 years, but, he noted, the 6th, 7th, 8th, years and more will be worse. Mr. McLain said he was involved in the early discussion with VELCO. He noted that some municipalities did request party status, but South Burlington did not. He felt this might be significant if the City chose to file an appeal. He also noted that there were citizen groups that raised concerns with EMF. The Board rendered its decision that the project would not have an undue affect because of EMF. He recommended the City Council review the PSB decision, as there were many stipulations. Mr. McLain added that the post-certification process would involve review of plans, etc. Parties will have 2 weeks to review this, even if they didn't participate in the hearings. If disagreements can't be worked out at that time, there is a hearing officer review and site visit. If his decision isn't satisfactory, this can be appealed to the full Board. Mr. Hafter noted that at a recent meeting in South Burlington, VELCO felt comments in this process would be limited only to aesthetics. Ms. Henry said it also involves the permits, how lines are strung, etc. Issues already decided will not be reopened. Mr. Condos said the Council would discuss this with the City Attorney in executive session and let the neighbors know what is decided. 4. Consideration of Approval of Resolution of Grant Authority and Implementation Grant application for $450,000 from VCDP for Farrell Street Senior Housing and Service Center: Ms. Dunn thanked the City for helping develop the Farrell St. neighborhood. She noted that the total project would cost $10,500,000. Over $3,000,000 has been secured to date. The project involves 63 units of affordable senior housing with a variety of services for seniors in the community (Cathedral Square, Homeshare Vermont, etc.). Construction is due to start in December with occupancy in January 2007. Mr. Magowan moved to approve the Resolution as presented. Mr. Sheahan seconded. Motion passed unanimously. 5. Consideration of Capital Equipment Note for Highway Equipment: Mr. Condos said the note is in the amount of $51,000. Mr. Sheahan moved to approve the Note and accompanying resolution as presented. Mr. Smith seconded. Motion passed unanimously. 6. Review Development Review Board Agenda for 5 April 2005: No issues were raised. 7. Review Minutes of 21 March 2005: Mr. Smith moved to approve the Minutes of 21 March as presented. Mr. Sheahan seconded. Motion passed 3-0 with Mr. Magowan abstaining. 8. Review minutes of 28 February 2005: These minutes could not be addressed, as there was not a quorum of members present at that meeting. 9. Sign Disbursement Orders: Disbursement Orders were signed. 10. Consideration of Entertainment License Application from: Holiday Inn, dba Henry's Pub, Live Entertainment: Mr. Hafter said the application was in order. Mr. Sheahan moved to approve the Entertainment Permit for Holiday Inn dba Henry's Pub, as presented. Mr. Smith seconded. Motion passed unanimously. 11. Liquor Control Board: Mr. Sheahan moved the Council recess and reconvene as Liquor Control Board. Mr. Smith seconded. Motion passed unanimously. Mr. Hafter presented Liquor License renewals for 2005-6 from the following: Vermont Soup Company Orchid Restaurant One Flight Up Hannaford Food & Drug (Umall) Clarion Hotel Applebee's Neighborhood Grill Hannaford Food & Drug Superstore (Hannaford Drive) Hawthorne Suites Hotel Shaw's Beer & Wine Pauline's Restaurant Koto Restaurant The Rotisserie (cabaret)The Rotisserie Champlain School Apartments Partnership (Holiday Inn) Van Phan Sports Parkway Diner Pour House Silver Palace Vermont National Country Club Zachary's Pizza Dorset Street Beverage & Redemption Center Champlain Farms-Exxon (Williston Road) U Save Beverage Jiffy Mart (Kennedy Dr.) Charlie's New England Steak & Seafood Bounre's Service Center UNO Kinney Drugs Ground Round Restaurant Sheraton Sheraton (cabaret) Higher Ground Jolley (Shelburne Rd) Champlain Farms Mr. Smith moved to approve the Liquor License renewals as presented. Mr. Magowan seconded. Motion passed unanimously. Mr. Sheahan moved to adjourn as Liquor Control Board and reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 12. Consideration of Adoption of Facility Use and Fee Policy for Recreation Department: Mr. Hubbard said this would formalize the process for use of fields (priorities, etc.). He felt the proposed fees are fair and consistent with those in other communities. Fees would be assessed only to those groups the city does not support. All groups would have to get a facility use permit to use a field. Members agreed this would avoid conflicts. Mr. Magowan moved to approve the Facility Use and Fee Policy for the Recreation Department as presented. Mr. Smith seconded. Motion passed unanimously. Executive Session: Mr. Sheahan moved the Council adjourn and reconvene in Executive Session to discuss personnel and potential litigation and to resume regular session only to make a decision on litigation and/or adjourn. Mr. Smith seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. The City Council directed the City Attorney and City Manager to draft a letter for Mr. Waibel and other neighbors detailing the City response. Mr. Sheahan moved approval, Mr. Smith seconded. The motion passed unanimously. A copy of this decision is appended to these minutes. (Mr. Magowan excused himself from the discussion and decision due to a conflict of interest). Mr. Sheahan moved adjournment. Mr. Smith seconded. The motion passed unanimously. The meeting adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.