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HomeMy WebLinkAboutMinutes - City Council - 09/05/2006CITY COUNCIL 5 SEPTEMBER 2006 The South Burlington City Council held a regular meeting on Tuesday, 5 September 2006, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos Chair; C. Smith, M. Boucher, S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; S. Stitzel, City Attorney; J. B. Hinds, Director of Planning & Zoning; D. Young, Acting Superintendent of Schools; Capt. T. Shepard, Police Department; R. Cassidy, School Board; Rep. A. Pugh, Rep. H. Head, Rep. M. Kupferman; T. Duff, R. Kay, Planning Commission; A. Parent, The Other Paper; Channel 17; R. Donde, D. Shields, D. Facks, R. Leberge. J. Stevens, J. Zeitz, B. Walsh 1. Comments & Questions from the Audience, not related to Agenda Items: a. Mr. Shields raised the issue of curbs and sidewalks on Richard Terrace. He said that the street has now become a shortcut where people speed down the street. There are many children in the area who use the street to walk to school or to JC Park across the road. Mr. Shields noted that speed tables have worked elsewhere and asked the City to do something before a child is injured. Mr. Condos said the Council has been working to look at streets such as Richard Terrace, and will ask the City Manager and Public Works Director to see what can be done. b. Mr. Donde advised that last week a Meyers fuel truck dumped fuel oil all over Country Club Drive. When they were called, they did nothing about it, and the Police said they could do nothing. Mr. Hafter said that in the future, call him. 2. Announcements & City Manager's Report: Mr. Hafter reported on the following: a. Work on the Lime Kiln Bridge is coming to an end. In order to do the final work, the bridge will be closed from 18 September through 2 October. When the road re-opens, the new bridge will be in use. b. The Grand Opening for the bandstand at Dorset Park will take place on 24 September, 12:30-4:30 p.m. The ceremony will be at 2 p.m., and there will be band music throughout the afternoon. c. The Lake Champlain Development Board will meet on 6 September. They are merging with the Land Trust. d. The Route 2 Stakeholders will meet on 14 September, 10 a.m., at the MPO. Ms. Hinds noted there will be a community presentation on their work at the Planning Commission I October. e. The Police Facility Committee will meet on 14 September, 7 p.m. f. The 18 September Agenda will include a report on work on the expansion of the Airport Parkway Sewage Treatment Facility. Mr. Condos reminded the public that the grand opening of Shelburne Road will take place on 13 September, 2:30 p.m. 3. Discussion with Residents regarding Zoning relating to lighting of SBHS Sports Field: Mr. Young noted that the relationship between the City and School District has always been very positive, and the intention is to keep it that way. He accepted responsibility for not having been present the last time this issue was on the Council agenda. Mr. Young noted there have been questions regarding expanded use of the property. He said that the present plan is to use the proposed light on the turf field for South Burlington students. They are not planning to consider rental of the fields until bleachers are built. The field would be used from sundown to 9 p.m., with no event beyond 11 p.m. (if an event ends at 9, it takes time to clear the area, clean up, etc.). Mr. Young asked the Council to reconsider its decision based on this information, so the School District can go back to the DRB at their 3 October meeting. He stressed that they want a process that is legal and can't be challenged. Mr. Condos said there has been a rumor that the delay is costing the taxpayers money. He asked if there is any taxpayer money involved in this project. Mr. Young said there is not. The lights are being funded by donated money. The cost to maintain them will have to be built into the operating budget. Ms. Hinds urged the Council to make any agreement as simple as possible, since enforcement is the Administrative Officer's job. Mr. Condos asked if the School District would go the DRB with a full plan, not a piecemeal plan. Mr. Young said they would. Mr. Hafter noted that a motion to reconsider the Council's previous vote would have to be made by a member who had voted against the original approval motion. Mr. Smith then moved that the Council reconsider the vote that took place on 17 August 2006 regarding exterior lighting at the High School. Mr. Magowan seconded. Motion passed 4-0 with Mr. Boucher abstaining. Mr. Young said they would hope to have the lights in the ground by late November. Ms. Hinds said that is not realistic. Ms. Hinds then reviewed the language for the proposed amendment to the Zoning Regulations. Stipulations include: a. a requirement for a photometric plan indicating pole locations, light levels on the property and at all property boundaries b. no light trespass onto any residentially zoned property c. shielding of lights to avoid "hot spots" d. submission of cut sheets to indicate fixture/bulb types, heights, lighting angles, pole materials, etc. e. the authority for the DRB to seek an independent technical review f. no lighting of stadium after 11 p.m. The following language was also agreed upon: Notwithstanding any other provisions of these Regulations, the DRB may approve conditional use the installation of lighting structure not exceeding eighty feet in height that are used exclusively to illuminate recreation fields in the Municipal District during the conduct of co-curricular competitions, practices and events that are conducted, sponsored and supervised directly by the South Burlington School District which involve participation by students enrolled in the South Burlington School District... Mr. Condos asked about other municipal properties where this might apply. Ms. Hinds noted that any other proposed use would require action of the DRB. Mr. Magowan moved to approve the first reading of the proposed amendment as presented and amended and to schedule a public hearing of 2 October 2006. Mr. Boucher seconded. Motion passed unanimously. Mr. Leberge urged that action be taken as soon as possible as students are working hard to repeat as State champions. 4. Consideration of posting of warning for Charter amendments and scheduling of two public hearings; 1) to require a vote on the budget and set a limitation on the number of votes and 2) to authorize Council to impose a local option sales, rooms/meals and alcohol tax by Ordinance: Mr. Hafter said the warning have to be posted tomorrow in order for there to be a vote at the November election. He then noted several minor changes as follows: a. Section 1308: to be designated as "Reserve for Future Use" b. Section 1309: to be titled "Net Cost of Operations" c. Section 1309.2: eliminated and replaced with a section "a" and definitions "b" through "f" d. Section 1309a: in the second line, replace "or" with "of" e. Section 1309b: in the definition of debt, add "or execution of other debt instruments" Mr. Hafter noted that two other "housekeeping" changes have been made to the Charter, not related to the two proposed amendments. The first of these eliminates "poll taxes" which have been illegal since 1972, and the second removes the word "immediately" from the section relating to transfer taxes. Mr. Condos expressed concern with the "two votes and out" provision in the proposed budget vote amendment. He said this could result in a reduction of Police. First, Public Works, etc. He also noted that South Burlington would be the first to have such a provision. Mr. Magowan questioned whether the change in Section 310 would be "setting up" the School Board to have to come to the City Council to put their budget to the voters. Mr. Stitzel said that State Statute controls School Board preparation/presentation of budgets. Mr. Magowan asked if the two budgets would be voted on separately. Mr. Stitzel said it was his thought that each budget should stand by itself. Mr. O'Rourke asked whether the City Clerk can meet the dates for ordering ballots. Mr. Hafter said she can. Mr. Hafter noted that if the Charter Change is approved by the voters, it would go into effect 6 months after it is approved by the Legislature, which would mean the first public budget vote would be in 2008. Mr. Cassidy said that as a member of the School Board he would oppose the "two votes and out" provision. He noted that 80% of the school budget is locked in by contract, and this could mean having to cut maintenance work, which would ultimately waste taxpayer money. He urged the Council to reconsider this. Mr. Condos said he agreed. He noted that the Council can take comment at the 2 public hearing and can make changes. Mr. O'Rourke said he would like input from the City Charter Committee before the public hearings. Mr. Zeitz said the "two and out" provision was put in because when there are many budget votes, fewer people vote. Mr. Walsh asked whether the language the citizens wanted has to go on the ballot. Mr. Hafter said because there was no exact language provided with the original petition, the City Council had to write the language and it became their purview. Mr. Magowan moved to post the warning as presented and to schedule two public hearings on 6 October 2006 at 5 p.m., and on 16 October 2006 at 7 p.m. Mr. Smith seconded. Motion passed unanimously. Mr. Hafter then explained the Charter amendment relative to the imposing of local option taxes. Revenue from the proposed local sales tax would be used to reduce property taxes. Revenue from the proposed rooms/meals and alcohol tax would be used as follows: a. deposited in a reserve fund for purchase of land and/or construction or reconstruction of city buildings/infrastructure b. expended in the year collected to fund the purchase of land or to pay any city bonded indebtedness c. reduce property tax collected on the City grand list without increasing total city revenues d. any combination of a-c. Council members stressed that this is just a "bandaid" on the real problem, which is the State school tax system. Mr. Magowan moved to post the warning for the Charter change relative to the imposing of local option taxes and to set public hearings for 6 October 2006 at 5 p.m. and 16 October 2006 at 7 p.m. Mr. Smith seconded. Motion passed 4-1 with Mr. Boucher opposing. Mr. Boucher said he opposes the amendment because he feels all the revenues collected should go toward reducing property taxes. Mr. Stizel said there will be one posting of the two proposed Charter amendment, but they will be voted on separately. 5. Consideration of First Reading of Ordinance to Amend the Security Alarm Ordinance; schedule public hearing: Capt. Shepard said alarms have been increasing, and 95% of them are false alarms. He said this poses safety concerns when officers have to respond to something false. They have done research in towns with similar ordinances. He felt the city needs a very proactive policy to handle this issue. Mr. Condos noted that officers' lives are on the line when responding with speed to an incident. The proposed ordinance would impose penalties for non-conformance. Mr. Hafter noted that similar issues with the Fire Department were handled with on ordinance that has been working very well. Mr. Magowan moved to waive the first reading of the proposed ordinance and to schedule a public hearing on 16 October 2006. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter noted that the new Police Chief began work today. He thanked Captain Shepard for serving as Acting Chief during the interim. 6. Consideration of Social Services Funding Allocation Recommendation from Social Responsibility Committee: Mr. Hafter noted that the Committee met last week and recommended level funding all agencies. Mr. Smith said he would like to suggest that next year this be zero-funded as he did not feel it was a proper use of taxpayer money. Mr. Smith then moved to approve the social services funding allocation as recommended. Mr. O'Rourke seconded. Motion passed unanimously. 7. Review Development Review Board Agenda for meeting on 5 September 2006: No issues were raised. 8. Review and Approve Minutes of City Council meeting of 21 August 2006: Mr. Magowan moved to approve the Minutes of 21 August as presented. Mr. Boucher seconded. Motion passed 4-0 with Mr. Smith abstaining. 9. Sign Disbursement Orders: Disbursement Orders were signed. 10. Executive Session: Mr. Boucher moved the Council meet in executive session to discuss personnel issues and to resume regular session only for the purpose of making appointments to boards and commission and/or adjournment. Mr. O'Rourke seconded. Motion passed unanimously. 11. Regular Session: The City Council returned to regular session. Steve Magowan moved the re-appointment of Matt Birmingham to a three-year term on the DRB. Dan O'Rourke seconded. The motion passed unanimously. Mr. O'Rourke moved adjournment. Mr. Smith seconded. The motion passed unanimously. The meeting adjourned at 10 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.