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HomeMy WebLinkAboutMinutes - City Council - 04/05/2010CITY COUNCIL 5 APRIL 2010 The South Burlington City Council held a regular meeting on Monday, 5 April 2010, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; M. Young, B. Stuono, E. Melizia, P. Plumeau, Lt. Col. Caputo, L. Leavens, members of Police Department 1. Comments & Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements & City Manager’s Report: Ms. Dooley: Will be attending the Business & Industry Days for the Air National Guard in Tennessee. Mr. Knapp: Attended an information session at the Air Guard base today. Discussion centered on the EIS. Mr. Boucher: Received a letter from the Airport dated March 15th. They have done a traffic study which concludes that the bus terminal would add 109 new trip ends. In addition, the cell phone lot has now been designated. Ms. Emery: Was reassured that maintenance of F-16s is at high standards and security levels are very high. Mr. Hafter: Groundbreaking for the upgrade of the Airport Parkway Sewage Treatment Plant will be on Wednesday at 9:30 a.m. The CWD Board will meet on 13 April, at noon. The next City Council meeting will be held at the Middle School and will focus on the F-35 issue. Because of the recent excellent city audit, a trial balance instead of a full audit will be run when the change of City Managers occurs. Mr. Hafter will host his retirement party on 6 May, 4:30 p.m., at the Higher Ground. The Gravelin Brothers Band will entertain. All are welcome. 3. Interview with Elizabeth Milizia for appointment to the Natural Resources Committee: Ms. Melizia read her letter of application. She indicated she has attended Committee meetings, and her participation has been welcomed. She is a member of the South Burlington Land Trust Board of Directors and has served on other boards and committees as well. 4. Discussion of Council policy & procedures for appointments to City Boards: Ms. Dooley noted that the City Charter doesn’t indicate when you recruit, terms of appointment, etc. She indicated that she had prepared a proposal, most of which is similar to what is already done. One change would be that after a person had served 8 consecutive years, there would be recruitment. She felt there shouldn’t be automatic reappointment. Mr. Boucher asked whether a person with 8 years experience would have a “demerit” against them. He said his dilemma would be if you interview 2 people and one is an incumbent who has done a good job for 8 years, what criteria do you use to make a decision? Mr. Knapp suggested referring the proposal to the Chairs of various boards for their input. Mr. Murray felt that to be respectful all members of the boards should be contacted. Ms. Dooley moved to get input from all committees prior to the May meeting. Mr. Murray seconded. Motion passed unanimously. 5. Discussion of Process for April 19th Meeting with Air Force Officials: Mr. Hafter noted that Sheryl Parker for Langley Air Force Base in Virginia will be present at the 19 April meeting. She is coordinator of the EIS process relative to the potential housing of F-35 fighter jets at Burlington International Airport and VTANG. The order of events for the meeting will be: 1. Presentation by Ms. Parker 2. Questions from City Council 3. Sign-up list for members of the public to ask questions Lt. Col. Caputo explained that Ms. Parker will be bringing the latest data from the Eglin EIS. This really doesn’t compare with the Burlington area because of different noise contours and the extended hours of operation at Eglin. Mr. Plumeau suggested an open house prior to the meeting where people could view any exhibits. Lt. Col. Caputo felt that was possible. 6. Consideration of First Reading of Additional Sign Ordinance Amendments; schedule public hearing for 3 May 2010 with other Sign Ordinance Amendments: Mr. Conner noted that a few additional things had come up. The first regards temporary signs. It was noted that there are businesses which operate in residential districts and those businesses are not permitted to have those signs. The Sign Ordinance Committee agreed that all businesses in residential districts could have a temporary sign up to 6 sq. ft. with the same frequency as other businesses. There is also clarification on how size of signs is calculated. “Weekly signs” are now cross­referenced. Mr. Hafter asked whether home occupations could have signs. Mr. Conner said they cannot. Ms. Dooley moved to waive the first reading, approve the first reading, and include the amendments in the public hearing scheduled for 3 May 2010. Mr. Murray seconded. Motion passed unanimously. 7. Consideration of Request for Proposal for Banking Services: Ms. Kinville reviewed the history. She noted they always try to get the best deal for the city. In the recent RFP, 7 banks provided quotes. The principal concerns were: security, cost to the city, and protection of the city’s data. After review, the 3 applicants were invited in for consultation. Members of the committee felt that Merchant’s Bank was the best fit for the city. Mr. Murray moved to award the city’s banking services to Merchant’s Bank as presented. Ms. Dooley seconded. Motion passed unanimously. 8. Discussion of Proposed Code of Ethics & Conflict of Interest Policy for Elected Officials and Appointed Members of City Boards and Commissions: Mr. Hafter noted that the DRB has its own Conflict of Interest policy which is required by the State. It is much more specific than what is proposed here. He stressed that the policies being presented do not address any current need and there are no conflict of interest issues. Mr. Knapp said his understanding of a “conflict of interest” is a situation where a third party might influence your decision. Mr. Hafter said that decision should be made on the basis of merit, not undisclosed considerations. Ms. Emery said she would like to talk with someone from VLCT before making a decision. She felt their language was clearer. Mr. Conner said the key is “potential” conflict of interest or what can be perceived as a potential conflict of interest. He noted that VLCT does a lot of training in this area. They are also aware of what is different for a quasi-judicial board. Ms. Emery asked whether the code of ethics/conflict of interest policy would apply only at meetings or at all times. Mr. Hafter said a Council member is always a Council member. Members felt it would be good to hold this discussion when the new City Manager is on board. Mr. Murray moved to continue the discussion until a meeting in July. Ms. Dooley seconded. Motion passed unanimously. 9. Consideration of Approval of Municipal Planning Grant Application: Mr. Conner said the Planning Commission felt the most pertinent area to work on would be the Land Development Regulations as they relate to Natural Resources. The grant is requesting about $7000 to hire a consultant to do this work. Mr. Murray moved to approve the Municipal Planning Grant Application as presented. Ms. Emery seconded. Motion passed unanimously. 10. Consideration of Award of Stormwater Engineering Contract for Water Quality Projects to Dubois & King: It was noted that the contract relates to work at Laurel Hill and Stonehedge. Proposals were received from 6 firms, and 2 were interviewed. The recommendation is to award the contract to Dubois & King pending successful contract negotiations. The Army Corps of Engineers will pay 65% of the cost, and the remainder will be divided between the 2 districts and the storm water budget. This will require a public vote, as in the past. Mr. Hafter felt they might not make the August ballot, so it would probably be in November. Ms. Emery moved to award the Stormwater Engineering Contract for water quality projects at Laurel Hill and Stonehedge to Dubois & King, pending successful contract negotiations, and to authorize the City Manager to sign the contract. Ms. Dooley seconded. Motion passed unanimously. Mr. Rabidoux noted this is only for the design phase. It is the big construction dollars that will need voter approval. 11. Consideration for a $348,000 Grant Anticipation Refunding Loan for Storm Water Mitigation Project: Mr. Hafter said this is the third year of the Farrell St. Project (next to the Correctional Facility). The $132,000 is already earmarked. The loan is at 1.99%. Mr. Murray moved to approve the refunding note and accompanying documents as presented. Ms. Emery seconded. Motion passed unanimously. 12. Appointment of Justin Rabidoux DPW/City Engineer and alternate authorization representative on State/EPA Grants for sewer project (to replace Chuck Hafter): Mr. Murray moved to appoint Justin Rabidoux to the stated positions. Ms. Emery seconded. Motion passed unanimously. 13. Consideration of Special Events Permits for: Magic Hat Brewery, May 22, 2010, 12-6 p.m., National Night Out, August 2, 2010, 5-10 p.m., Making Strides Against Breast Cancer, October 17, 2010, 11 a.m.-3:30 p.m.: Mr. Hafter said there were no issues with any applicant. Ms. Emery moved to approve the Special Events Permits for Magic Hat Brewery, National Night Out, and Making Strides Against Breast Cancer as presented. Ms. Dooley seconded. Motion passed unanimously. 14. Review of Development Review Board Agenda for 6 April 2010: No issues were raised, but a square footage correction was made. 15. Review and Approve Minutes of 16 February and 1 March 2010: Mr. Murray moved to approve the Minutes of 16 February and 1 March 2010 as presented. Mr. Knapp seconded. Motion passed unanimously. 16. Consideration of Annual Entertainment Licenses for: Higher Ground, 1214 Williston Rd., Live Entertainment; Healthy Living, 212 Dorset St., Live Entertainment every Sunday; Windjammer Restaurant, 1076 Williston Rd., Live Entertainment; Sheraton Burlington Hotel & Conference Center, 870 Williston Rd., Live Entertainment: Mr. Hafter said there were no issues with any applicant. Mr. Murray moved to approve the Annual Entertainment Licenses for Higher Ground, Healthy Living, Windjammer Restaurant, and Sheraton Burlington Hotel & Conference Center as presented. Ms. Dooley seconded. Motion passed unanimously. 17. Reconvene as Liquor Control Board to consider Liquor Licenses for Renewal: Airport Grocery,1223 Airport Drive Applebees,155 Dorset St. Bourne’s Service Center,760 Shelburne Rd. Charlie’s on Fire (Chicken Charlies),1160 Williston Rd. Doubletree Hotel,1117 Williston Rd. Eagles, Fraternal Order of Aerie #702,1233 Shelburne Rd. Gracey’s Liquor Store,26 Hinesburg Rd. Gracey’s Store,1333 Williston Rd. Green Mountain Suites,401 Dorset St. Ground Round,1633 Williston Rd. Hannaford Food & Drug Superstore,Dorset St. Hannaford Food & Drug Superstore,218 Hannaford Dr. Healthy Living,222 Dorset St. Higher Ground,1214 Williston Rd. Independent Brewers United Corp (Magic Hat),5 Bartlett Bay Rd. Interstate Shell,1055 Williston Rd. Jiffy Mart,110 Kennedy Dr. Jolley #146,1110 Shelburne Rd. Kinney Drugs #55,1653 Williston Rd. Klinger’s Bread Company,10 Farrell St. Koto Restaurant,792 Shelburne Rd. M. T. Bellies,340 Dorset St. Maplefields at the Airport,1801 Williston Rd. The Mill Market & Deli,1580 Dorset St. Moe’s Southwest Grill,1150 Williston Rd. Olive Garden Italian Restaurant,1025 Shelburne Rd. One Flight Up,Burlington International Airport Orchid Restaurant,5 Market St. Outback Steakhouse,150 Dorset St. Price Chopper #228,41 Hinesburg Rd. Pulcinella’s,100 Dorset St. Shaw’s Beer & Wine,570 Shelburne Rd. Shelburne Rd. Exxon,793 Shelburne Rd. Shelburne Road Variety,1855 Shelburne Rd. 2 for Sheraton Hotel,870 Williston Rd. Short Stop #104,1830 Shelburne Rd. Silver Palace,1216 Williston Rd. Spillane’s Servicecenters,811 Williston Rd. U Save Beverage,1302 Williston Rd. Van Phan Sports,55 San Remo Drive Vermont Indoor Golf,35 San Remo Drive Vermont Soup Company,1636 Williston Rd. Windjammer Restaurant,1076 Williston Rd. Zachary’s Pizza,1250 Williston Rd. Ms. Emery moved the Council adjourn and reconvene as Liquor Control Board. Mr. Murray seconded. Motion passed unanimously. Mr. Hafter presented the above liquor license requests and said all the requests were in order. Mr. Murray moved to approve the above named liquor license renewals as presented. Ms. Emery seconded. Motion passed unanimously. Mr. Murray moved to reconvene as City Council. Ms. Dooley seconded. Motion passed unanimously. 18. Sign Disbursement Orders: Disbursement Orders were signed. 19. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel issues, contract negotiations and appointments to committees and to resume regular session only for the purpose of making appointment and/or adjournment. Mr. Murray seconded. Motion passed unanimously. 20. Regular Session: The Council returned to regular session. Mr. Murray moved the appointment of Elizabeth Milizia to a three year term (2012) on the Natural Resource Committee. Ms. Emery seconded. The motion passed unanimously. Mr. Knapp moved the appointment of Assist City Manger Gravelin to the position of Interim City Manager for the period of May 1, 2010 to June 30, 2010. Ms Dooley seconded the motion passed unanimously. The meeting adjourned at 9:30pm. ___________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.