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HomeMy WebLinkAboutMinutes - City Council - 09/19/2011CITY COUNCIL 19 SEPTEMBER 2011 The South Burlington City Council held a regular meeting on Monday, 19 September 2011, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco Also Present: R. Rusten, Assistant/Acting City Manager; K. Murphy, City Manager’s Staff; J. Rabidoux, Director of Public Works; P. Conner, Director of Planning & Zoning; B. Cimonetti, J. Dinklage, A. Clift, C. Smith, M. Young, J. Wilking, R & P. Nowak, B. Moore-Hafter, E. Hafter, K. Samberg, J. Jewison, J. Zaetz, D. Fleming, J. Kearns, P. Taylor, M. Williams, S. Dopp, T. Lafava, Dr. A. Blauch, R. Saenger, A. Jennings, E. Lesser-Goldsmith, B. Stuono, B. Albert, Col. D. Clark, Lt. Col. A. Rice, P. J. Pfeifenberger 1. Executive Session: Mr. Knapp moved that the Board meet in executive session to discuss personnel, contract negotiations and litigation. Ms. Emery seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: No changes were made. 2. Other Business & Announcements: Ms. Dooley: There will be no decision on agenda item #4. There will be a decision by next Monday. Ms. Hafter said that Chuck Hafter’s pension has been withheld for a year. It was first requested in August, 2010. In September, Mr. Hafter called and was told there were questions. On 4 October, Mr. Hafter’s attorney asked for a copy of the pension plan. He got no response for 6 months. The letter Mr. Hafter wrote in March was legally required to begin litigation. Ms. Hafter stressed that her parents have been without the income they had counted on for a whole year. 3. Announcements & City Manager’s Report: Ms. Dooley: Noted that the City Manager is attending the International City Manager’s Conference this week. Ms. Greco: Attended the Fire Dept. Open House. Ms. Dooley: Hosted the opening of the bike path connection at Tilley Drive. The bridge at the crossing has been named Lou’s Crossing in honor of long­time Rec Path Committee Chair Lou Bresee. Mr. Rusten: Rebecca Boedges has resigned from the Leisure Arts Committee. 4. Update on Council deliberations on the Eligibility for Retirement, Long Term Care Benefits and Home Equity repayment regarding former City Manager: Mr. Dinklage asked if the Council would accept additional testimony. Mr. McNeill said receipt of additional testimony would be a diversion from the ability to get this resolved. Because there is a public forum, if an individual has critical information, the Council can hear it. Mr. Smith said he was confused about the process. Two weeks ago, there was an open discussion with testimony. Now for two weeks, the Council has gone into Executive Session to discuss the issues. He asked why the discussion can’t take place at the open meeting. Mr. Knapp responded that the Council has been threatened with litigation and has been told by their attorney that anything they say in public can be part of a legal proceeding. Mr. McNeill said there are 2 reasons for considering the issues in executive session: the threat of litigation, and the matter of contract interpretation. He added that the fact that testimony was taken in public does not preclude the Council from discussing contract interpretation in executive session. Any decision, however, must be made in an open session. Mr. Smith asked if the threat of litigation allows anything to go before an executive session. Mr. McNeill said he didn’t think so. There has to be the immediate threat of a lawsuit. He added that contract interpretation deliberations are most important. A decision has to be made on a record that is not very clear. Mr. Smith said if that is the case, why the Council isn’t talking to the people who were there at the time instead of just giving them 2 minutes at a prior Council meeting. Ms. Moore­Hafter said what is confusing is that the threat of litigation isn’t new. She noted that on 15 August, the Council voted unanimously to hold deliberation in open session. She added that in an open meeting, people get to talk about what they care about, and people care about Mr. Hafter and what has happened to the Hafter family. Mr. Williams said he has been a city resident for 25 years. He never met Mr. Hafter. What strikes him is that no matter what is proven to be untrue, the accusations keep coming. There are no apologies or acknowledgments when things are proven untrue. He said he was concerned that there will be a suit for slander, and the taxpayers will have to pay for it. 5. Presentation Regarding Trauma Informed Services: Ms. Saenger said that she and Dr. Blanch and Ms. Jennings are from Tarpin Springs, Florida, a city similar in size to South Burlington. She was Vice Mayor of Tarpin Sprints for 6 years and noted during that time that the city was facing challenges that only had “circular solutions,” (e.g., homelessness, substance abuse, school dropouts, etc.). They were just putting bandaids on things. Because of this they sought information on “trauma informed communities.” Ms. Saenger cited the power of local government to shape a community by ordinance, provided services, and the instilling of a sense of community. Tarpin Springs made a commitment for change and involved many partners in that effort: colleges, museums, fire & police, boys and girls clubs, citizens, etc. Dr. Blanch said this is a long-term commitment, not the immediacy of day to day decisions. She cited the long­lasting effects of traumatic events people’s health, their ability to perform a job, etc. Ms. Emery asked what specific things they did in Tarpin Springs. Ms. Saenger said the Library provides a full range of materials; Police officers work with the homeless population (over 100 have sought treatment because of this effort); parents are asking to get involved at the schools, etc. Dr. Blanch said the most amazing thing they did was to bring everyone together at the table, and each group now has someone participating as part of a Steering Committee. They also had speakers from Washington and from the National Center for Trauma Involved Care. 6. Presentation and Update on Farmer’s Market: Mr. Lesser­Goldsmith said the Farmer’s Markets at Healthy Living began 3 years ago and have come a long way. Vendors provide prepared foods, crafts, music, and locally grown produce. Farmer’s Markets are held every other Sunday, June­October and average about 25 vendors per event. There are at least 8 local farms represented per market. Ms. Lafava noted that the Farm to Family Program is new to the Farmer’s Markets this year. This involves EBT tokens and Harvest Health coupons. Mr. Lesser­Goldsmith reviewed their efforts to promote the Farmer’s Markets including signage, ads in The Other Paper and 7 Days, social media, NOFA website, posters, and Front Page Forum. Mr. Lesser-Goldsmith cited the potential for growth of the Markets and felt this could be achieved by longer use of their A-frame sign, more signs around the city as other events have promotion through city resources, and possible location in the City Center eventually. Ms. LaFava noted that signs in other communities are up full­time during the Farmer’s Market season. Ms. Greco asked if they had thought about going every Sunday. Mr. Lesser-Goldsmith said they have talked about that. Ms Albert, one of the vendors, said the markets have been fabulous and could do better with more signage. She felt it was a real community event. Mr. Lesser-Goldsmith thanked Paul Conner for continued help along the way. 7. Presentation of Proposed Language for Charter Changes: Mr. Taylor, Chair of the City Charter Committee, reviewed the information in the recent letter to the City Council. There were three Charter provisions under consideration: 1. Elimination of the First and Second Constable positions 2. Elimination of the CPI provision with respect to voting on the city/school budgets 3. Review of the reappraisal schedule. On the first provision, the Committee was informed that there may be a constitutional right to the First & Second Constable positions. They have thus recommended delaying action to seek more information. Regarding the reappraisal schedule, the Charter required the city to reappraise city property every three years. The Committee recommends eliminating this requirement. The State has very specific criteria for requiring reappraisal, and the Committee felt the city should comply with the state system. With regard to the CPI provision, Mr. Taylor read the proposed change in language. He noted the Council might want to change the word “adopted” to “approved” in one sentence, to be consistent. This was an oversight. Mr. Taylor noted that the city’s State Legislators feel that if both changes are approved by the voters, they should be submitted to the Legislature separately. Mr. Rusten reminded the Council that public hearings on the proposed changes are scheduled for 3 and 17 October. No date has yet been set for the public vote. Ms. Dooley said it will be before the end of the year so the Legislature can act as soon as possible. She added that it would be great if they could approve the items before the March city meeting. Ms. Clift asked if there should be an effective date included in the request. Ms. Dooley said they can make them effective as of passage. Mr. Knapp cited the expense of doing a city-wide appraisal. Mr. Rusten added that the city is well within the state requirements. Mr. Taylor noted that the Council can call for a reappraisal if they see a problem arising. 8. Discussion and Possible Council Action re: VTANG Road Construction Project Surety and Related Issues: Mr. Conner reviewed the history and necessity of moving the road. He noted that one condition of the regulations requires posting of a Performance Bond to insure that the road is built properly. Staff was approached by the Guard who said they can’t provide the traditional warranty but as an alternative will have the contractor provide a one-year warranty to the Guard who will in turn provide that to the city. Mr. Conner said the City Council has to approve any alternative to the posting of a bond. Mr. Rabidoux explained the process for the city to take over a road, bike path, etc. The road must be in service for at least a year. The owner can then petition the city to become the legal owner. Col. Clark explained that they understand this is not a normal procedure. They have given the city a Memo of Agreement and need a response within eleven days or they will lose funding for the project. The City Attorney has suggested additional language which the Guard will run by its attorney. After this agreement is signed, the Guard can sign an agreement to get the road built. The city would take over the road when it is completed with a one-year warranty to be added to the construction contract. Mr. Rabidoux said there will be no additional burden to road maintenance as the existing road will be abandoned. Lt. Col. Rice said that if any issues arise, he and Mr. Rabidoux can work them out with the contractor. Mr. Conner noted that the City Attorney wants the contractor’s warranty to the Guard to be extended to the City as well. Mr. Knapp moved to approve the draft Memorandum of Understanding with the City of South Burlington and Vermont Air National Guard regarding relocation of National Guard Road in South Burlington, Vermont, with the addition of a 2-year warranty, and subject to the approval of the City Attorney. Ms. Greco seconded. Motion passed unanimously. 9. Approval of Entertainment Permits for: A. Nightmare Vermont/South Burlington Rotary, October: 20, 21, 22, 27, 28 and 29 B. ALS Association event on 25 September Mr. Rusten noted that the “Nightmare Vermont” event will have to comply with all regulations and a Fire Department safety inspection prior to opening. Mr. Pfeifenberger said they have already done walkthroughs and will be back for a final walkthrough prior to the opening of the event. Mr. Engels moved to approve Nightmare Vermont/South Burlington Rotary event with pre-opening inspection and compliance with safety regulations. Ms. Greco seconded. Motion passed unanimously. Mr. Rusten noted the ALS event is a fundraiser at Dorset Park with entertainment on 25 September, from 10:30 a.m.-2:30 p.m. Ms. Greco moved to approve the ALS event as presented. Ms. Emery seconded. Motion passed unanimously. 10. Minutes of 6 September 2011: Members postponed approval of Item #4 of the 6 September 2011 minutes to allow attorney McNeill to review them. Mr. Knapp moved to approve the Minutes of 6 September 2011 with the exception of Item #4, which will be continued to the next regular City Council meeting on 3 October 2011. Ms Greco seconded. Motion passed unanimously. 11. Sign Disbursement Orders including disbursements made by Champlain Water District on behalf of South Burlington: Disbursement orders were signed. 12. Other Business: Ms. Emery noted that the “Complete Streets” people want to come to the City Council meeting on 17 October. 13. Executive Session: Mr. Knapp moved that the Council convene in executive session to discuss personnel, contract negotiations, and real estate transactions and to resume regular session only for the purpose of adjournment. Ms. Emery seconded. Motion passed unanimously. 14. Resume 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.