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HomeMy WebLinkAboutMinutes - City Council - 07/19/2010CITY COUNCIL 19 JULY 2010 The South Burlington City Council held a regular meeting on Monday, 19 July 2010, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, J. Knapp, F. Murray Also Present: S. Miller, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; Chief D. Brent, Fire Department; T. Hubbard, Recreation Department; B. Worthen, M. Young, B. Stuono, L. Bettinger, R. Farnham, J. Zaetz, P. Plumeau, L. Ventriss & members of Dog Park Committee 1. Comments & Questions from the Public not related to Agenda Items: Ms. Bettinger asked the Council for permission to file a grant application for funding for a half-time coordinator for the Reparative Justice program in South Burlington. The grant in the amount of $37,000 would also include some equipment and supplies. The grant would be for one year and would require no match from the city. This is part of the “Challenges for Change” program. Mr. Miller noted that the city would provide some “in kind” supervision. He added that the Council’s action tonight would authorize the city to submit the application for the grant. Ms. Bettinger noted they have a very high case volume, mainly “pre­charge” cases.  She noted that the program saves the community a lot of money. Mr. Boucher said he was concerned with the one-year nature of this and what would happen if funding goes away after a year. Ms. Bettinger said they have considered 3 strategies for such a scenario: a “fee for service” model, other grant funding, and individual donations. Mr. Young asked if there is any liability for the city if there is an issue. Mr. Miller said the group are already “quasi­city employees” so that will fall under the city’s liability insurance. He added that he, Chief Whipple and Mr. Gravelin met with the group and is comfortable with the arrangement if the Council wants to proceed. Mr. Murray moved to authorize the City manager to work with Lisa Bettinger to make the grant application as presented with the understanding that there is no future commitment and that the City Manager check to be sure the city’s insurance covers the employees in questions. Ms. Dooley seconded. Motion passed unanimously. 2. Announcements and City Manager‘s Report: Mr. Boucher: Welcomed new City Manager Sanford Miller. Mr. Miller: Reminded members and the public of the joint meeting with the Planning Commission on 27 July, 7:30 p.m. Will meet with Airport officials to work on becoming more familiar with Airport issues. Will be attending the Chittenden County Administrators lunch on 20 July to discuss areas of mutual interest. The location for the 17 August and 7 September meetings needs to be changed due to a conflict with DRB meetings. Members agreed to hold the August meeting at the Police Station and the September meeting at Orchard School. The Energy Committee is promoting the replacement of traditional light bulbs. This can result in a lot of money saving. Will be meeting with staff regarding transportation issues and will report to the Council at the next meeting. 3. Update on Veterans’ Memorial: Mr. Zaetz introduced Rick Farnham, head of the fundraising effort. Mr. Farnham explained the process for fundraising which will begin on 3 August. A federal grant has been applied for (they will know about this in November), and have also begun soliciting donors. The official fundraising kickoff will be on National Night Out. Mr. Farnham said he felt there is enough interest/support to get this done. They are looking for about $150,000, which the anticipate will include future maintenance costs. Mr. Hubbard said the Council will see the final design before construction. Members reviewed the prototype for the fundraising effort brochure and were OK with it. 4. Report on Airport Matters: Mr. Worthen reported that the next joint staff meeting will be on Thursday, 29 July. Runway work is progressing. The north end will be finished this week, and work will then shift to the south end. The hope is to finish all the work by September and then bring the F­16’s back. There will be some F­16’s here this weekend for maintenance. The Airport is looking for a new firm to do the noise study. The Dog Park is moving forward. Two additional properties have been purchased. This leaves 59 left to be bought. Mr. Miller will be given a complete overview of the Airport this week, including a facilities and field tour. The expansion of the parking garage project has begun. Mr. Murray asked if any Airport funds are being used in the Burlington Telecom situation. Mr. Plumeau said he can ask. He added that the situation is very complicated. It has caused a separation of Airport funds from City of Burlington funds. Ms. Dooley asked how business is. Mr. Worthen said it is not as bad as it could be. They are down 17% regarding the number of seats available and down 5% in enplanements. The rest of the industry is down 10-12% in enplanements. The Master Plan update will be unveiled in part this week at the MPO meeting, specifically as it relates to transportation issues in the area. Mr. Boucher questioned why the apartments above Gino’s continue to be occupied if the theory is that properties are being bought because the noise in the area isn’t good for people. 5. Discussion and Clarification of Adopted Procedure for Appointments to boards, commissions, and committees: Mr. Miller asked whether this process should apply to appointments to the CCRPC, MPO, CCTA, etc. Ms. Dooley said if the appointee was a City Counselor or former City Counselor or a staff person, the procedure hasn’t applied. The positions should probably be advertised if they aren’t filled by one of those categories. Mr. Miller asked about background checks and whether the city would want to know any criminal background. Members said they would. Mr. Miller suggested a more extensive background check is the person will be interacting with “at risk” people. Ms. Dooley said she believes in rehabilitation and wouldn’t want to see a conviction from a number of years ago preclude a person from serving. She would not want prior felons working with vulnerable people, however. Mr. Miller said this will require a new application form. 6. Consideration of Re-appointment of CCTA representative Steve Magowan and appointment of alternate Sanford Miller, City Manager: It was noted that Sanford Miller will serve as alternate for both Mr. Magowan and Mr. Wessel. Ms. Dooley moved to approve the reappointment of CCTA representative Steve Magowan and the appointment of alternate Sanford Miller. Mr. Murray seconded. Motion passed unanimously. 7. Consideration of Approval of DRAFT Lease Agreement with City of Burlington for Dog Park and final budget: Ms. Ventriss said there have been no appeals of the Act 250 application. The 5-year lease agreement would cost $10. This would also have to be approved by the City of Burlington. Mr. Murray moved to approve the lease as presented and authorize the City Manager to execute it. Further that non-substantive changes made by the City of Burlington would also be approved. Ms. Dooley seconded. Motion passed unanimously. Ms. Ventriss then presented the $26,500.00 total budget. Funding to cover this would come from impact fees. Mr. Murray moved to approve the budget as presented and to be paid for from impact fees. Mr. Knapp seconded. Motion passed unanimously. 8. First Reading of Proposed Revisions to the City Fire Ordinance; schedule public hearing: Mr. Murray moved to waive the reading. Mr. Knapp seconded. Motion passed unanimously. Chief Brent noted that Mr. Gravelin had spoken with the City Attorney about having distinct “burn” and “no burn” districts. Mr. Gravelin said the City Attorney had no issues with this. Chief Brent said he checked with Essex, Williston and Colchester. Two of them do not regulate commercial fire pits (30-inch or smaller diameter maximum). Williston regulates by permit but a person must tell the duty officer at the Fire Station when you are going to burn. The Chief then provided members with some written idea. These include: 1. Requirement of a permit for a bonfire 2. The 30-inch diameter maximum The Chief noted he had talked with Mr. Conner about different “burning” zones, and Mr. Conner said it is not a simple thing to do. Mr. Conner said there is so much variability within various districts. He felt the equitability and enforceability would be difficult. He suggested that a minimum distance to the property line might be a more equitable approach across the city, possibly allowing more with neighbor’s approval. Members stressed the importance of public notification. Mr. Murray moved to approve the first reading and to schedule a public hearing for 7 September. Mr. Knapp seconded. Motion passed 3-0 with Ms. Dooley abstaining. 9. Consideration of approval of Williston Ambulance Billing Contract: Ms. Dooley moved to approve the contract as presented and to authorize the City Manager to sign it. Mr. Knapp seconded. Motion passed unanimously. 10. First Reading of Proposed Chicken Ordinance; schedule public hearing: Mr. Murray moved to waive the first reading. Mr. Knapp seconded. Motion passed unanimously. Mr. Conner noted he had been asked to clarify the state law on chicken-keeping. He said the law is not entirely clear. To allow everything to exist everywhere is legal; beyond that is questionable. Mr. Conner added that any way to approach this that is less burdensome to staff would be the best way to go. Mr. Conner said that in the City of Burlington fewer than 5 animals have no regulations. More than that number needs a permit, up to a “farm” which has no regulations. Mr. Boucher expressed concern with enforcement. Mr. Knapp moved to approve the first reading and to schedule a public hearing for 20 September. Mr. Murray seconded. Motion passed unanimously. 11. Consideration of Approval for Submittal of Sustainable Communities Grant Application by Department of Planning & Zoning: Mr. Conner reviewed the history. There is a dual time-line. The City needs to decide on a “pre­application” by next week. The full application is due on 23 August. Mr. Conner said the Council could authorize staff to do the pre-application and then come back with the full application. The requirements of the grant are that a funded project deal with how to address affordability (zoning for starter single-family homes; more pro-active things such as land banking, exclusionary housing, etc.); parking (how to accommodate parking needs - Mr. Conner noted some areas require more parking than needed - shared parking and more innovative ways to accomplish this, and a better “credit system” under the “Cars to People” project. Mr. Conner said he felt the city would do best to just do the “affordable housing” portion. He noted that the Regional Planning Commission is interested in doing something with the Parking portion. Ms. Dooley asked if hiring of staff would be involved. Mr. Conner said there would be consultant, and implementation might have staff implications. The grant is for up to $100,000 with a 20% in kind match that does not have to come from the city. Mr. Conner said he would want to be in the position to involve groups outside the city, such as Champlain Housing Trust, UVM, etc. Mr. Knapp moved to approve the preliminary and final applications for up to $100,000 with up to 20% cash or in-kind match from the municipality and the encouragement of partners from the public and private sector to join in. Ms. Dooley seconded. Motion passed unanimously. 12. Consideration of Resolution of Appreciation to Vermont Arts Council: Mr. Conner showed a piece of art work from last year’s project which traveled throughout the state to evoke discussion on the future of the state. 105 pieces of art were created and were displayed in more than 25 communities. Some pieces were donated to communities, and South Burlington was fortunate to be given one. It will be hung in the Library for the public to enjoy. Ms. Dooley moved to approve the Resolution of Appreciation to the Vermont Arts Council as presented. Mr. Knapp seconded. Motion passed unanimously. 13. Consideration of approval of Annual Entertainment Permit for the Humane Society of Chittenden County, 142 Kindness Court, and a Special Event Permit for Magic Hat, 2 October 2010: Mr. Miller said the applications were circulated to various departments and no concerns were raised. Ms. Dooley moved to approve the Annual Entertainment Permit for the Humane Society as presented. Mr. Knapp seconded. Motion passed unanimously. Mr. Knapp moved to approve the Special Event Permit for Magic Hat for an event to be held on 2 October 2010. Mr. Murray seconded. Motion passed unanimously. 14. Review Development Review Board Agenda for meeting of 20 July 2010: No issues were raised. 15. Minutes of 21 July 2010: Ms. Dooley clarified her comment on p. 4, noting that in a civil society success of laws depends on a high level of voluntary compliance, and we need to consider that when discussing enforceability. Ms. Dooley moved to approve the Minutes of 21 July with the above addition. Mr. Knapp seconded. Motion passed unanimously. 16. Sign Disbursement Orders: Disbursement Orders were signed. 17. Executive Session: Mr. Knapp moved that the Council meet in executive session to discuss property acquisition and to resume regular session to take action of property acquisition and/or adjourn. Mr. Murray seconded. Motion passed unanimously. 18. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. _________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.