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HomeMy WebLinkAboutMinutes - City Council - 04/02/2012CITY COUNCIL 2 APRIL 2012 The South Burlington City Council held a regular meeting on Monday, 2 April 2012, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle (via telephone) Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; G. Maille, M. Young, B. Paquette, T. McCormick, K. Statsir 1. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss personnel, litigation and real property acquisition. Mr. Engels seconded. Motion passed unanimously. Ms. Mackenzie moved the Council exit executive session. Mr. Engels seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: An "other business" item was added after Agenda Item #4. 2. Comments & Questions from the Public not related to Agenda items: Mr. Maille: Asked for an update on issues he had previously raised, including: the status of the Airport noise report, interpretation of the performance standard regarding noise and the Airport, and needed equipment for the Police for noise monitoring. Mr. Young: Noted an article in the Free Press said the "complete streets" project will be from Dorset St. to Kennedy Drive. He said he thought it would be from Hinesburg Rd., not Dorset St. Mr. Miller said the City Council approved the project from Hinesburg Rd. Mr. Paquette: Expressed concern with litter in the city and suggested the city establish and maintain trash and cigarette receptacles at public high traffic locations where there is consistent litter accumulation. Mr. McCormick: Expressed concern with Healthy Living selling food beyond its "sell by" date and changing these dates when they have expired, and also with food such as fresh fish being displayed within 6 feet of a heating unit. He said he "blew the whistle" on them, and they now have charged him with trespassing. 3. Announcements and City Manager's Report: Mr. Miller said the inspection of food is the province of the Department of Health. He also noted that individual property owners have the right to work with the police on "no trespassing" issues. In response to Mr. Maille's questions, Mr. Miller noted the City Attorney has said the Police have no authority to regulate noise at the Airport. The City did get the noise data from the study that was done. This will be posted on the city's website. A communication was received from Paul Stabler, the city's CSWD representative regarding organized trash collection. This would organize trash collection so there isn't one carrier picking up in a neighborhood on one day and another on another day, etc. CSWD is willing to do a presentation on this. Members felt they would like a presentation. Ms. Dooley noted this was tried at the state but didn't work out. Mr. Miller advised that a small contract ($1900) will be awarded to Allen & Brooks as part of the TIF presentation. Ms. Dooley: Said that she and Councilor Greco Met with Brenda Torpe and Michael Monte of the Champlain Housing Trust regarding the promotion of affordable housing. She received a copy of a task force report from 1986. Though some of the information is dated, things that municipalities can do are not dated. Champlain Housing is willing to participate in the affordable housing study group. Ms. Mackenzie: Participated with Spectrum Youth Services in a "sleep out." Forty-four business leaders participated and over $80,000 was raised for drug/alcohol rehabilitation for youth on the street. Attended the VLCT seminar regarding open meetings and responding to public records requests. Mr. Engels: Called Carolyn Dwyer to ask why no South Burlington Councilor was invited to the President Obama event. South Burlington Police worked with the Secret Service on this, and city taxpayers paid the bill for it. The City of Burlington was well represented, and South Burlington was again overlooked. Mr. Miller noted that the city's Fire Department and EMT's as well as Public Works people were also involved. The city gets no reimbursement for this. Ms. Mackenzie felt the best way to get their attention is to write to a sitting President, possibly asking him to send a letter of thanks to the Police and other departments. She added that the Democratic Party organization should also hear about this. Ms. Riehle commented that South Burlington is a "pass through" community and is always challenged. Ms. Dooley felt the city will have more of an identity when there is a City Center. Mr. Young asked if the city can send a bill for additional expenses for presidential visits. He noted this was a fundraiser and over $700,000 was raised. Councilor Greco said she did not want to do this. Mr. Miller said the city can send a bill, but it won't be paid. Councilor Greco stated that she had attended the Planning Commission meeting during which they discussed the Comprehensive Plan and growth issues. 4. Consent Agenda: A. Approve Minutes from March 14 and 19 B. Sign Disbursements C. Consider Approval of Entertainment Permits: 1. Higher Ground - Annual Permit 2. Sheraton Burlington Hotel - Annual Permit 3. Community Bible Church - June 6, 2012 4. National MS Society - August 11-12, 2012 D. Consider authorizing the Fire Department to submit a grant application to VLCT's Equipment Grant program. VLCT annually offers municipalities up to $5,000 to purchase safety related equipment. This year, our Fire Department is requesting funds to assist with the purchase of a "power safety cot" which is designed to be safer for patients and reduce injuries to our EMTs. The total cost of this item is $13,330.26 and the matching funds will come from budgeted funds of $8,330.26 from the FY2012 Fire Department budget. Members removed the Minutes of Higher Ground Annual Permit from the Consent Agenda. Ms. Mackenzie moved to approve the Consent Agenda without the 2 above-mentioned items. Ms. Dooley seconded. Motion passed unanimously. 4a. Other Business: Mr. Engels noted receiving a call from Aaron Gibson about noise issues at the Higher Ground. Mr. Miller noted a few complaints were received from an event held on 28 March of this year. Mr. Statsir of Higher Ground did inform the city of this problem. There have been no other incidents in recent years, and the Police Chief said Higher Ground has been very cooperative. Mr. Miller said he has offered mediation services to address issues. The Police Chief recommends approval of the entertainment permit and liquor license. Mr. Statsir said Higher Ground has been in the city for 7 years and is an active member of the community. He stressed that he takes all feedback very seriously and try to address all issues. City Police frequently drop by and they have a good working relationship with that department. Mr. Statsir noted that like other businesses they are struggling and that when they have shows, other small businesses in the area do well. He also noted that events at Higher Ground raised $1,500,000 for Tropical Storm Irene recovery efforts and also 1,000 pounds of food for the Food Shelter. Mr. Statsir noted that in the incident in question, the performing group brought their own supplemental sound system, and Higher Ground didn't know this would happen. He said they are willing to tell groups not to do this in the future. He added that they kept trying to tell the performers to turn down the equipment that night. Ms. Greco said they received communication from Mr. Gibson who acknowledged that he had "over-reacted." Ms. Dooley then moved to approve Higher Ground's entertainment permit as presented. Ms. Riehle seconded. Motion passed unanimously. In the Minutes of 14 March, it was noted that on p. 6, under Other Business, the word "communities" in the first line should read "neighborhoods." In the Minutes of 19 March, on p. 9, the unidentified audience member was identified as Mr. Palumbo. On p. 2, 3rd paragraph from the bottom, the word "interest" in the first sentence should read "interested." Ms. Riehle moved to approve the Minutes of 14 and 19 March as amended. Mr. Engels seconded. Motion passed unanimously. Mr. Engels suggested the Council meet on Wednesday following the priority-setting session instead of Monday next week so Ms. Riehle can attend. The early session starts at 4 p.m., and members agreed to hold the Council meeting immediately afterwards. Ms. Mackenzie agreed to try to address the "litter" issues raised by Mr. Paquette. Mr. Engels said this should include any costs. Mr. Paquette said he would be willing to join any committee that is formed. 5. Recommendation from the Social Services Committee for Approval of Funding to Local Agencies for FY12: Mr. Rusten reviewed the process for allocation Social Services funding. He noted $39,000 was allocated in FY 11 and $36,000 in FY 12. The city received over $41,000 in requests. They first agreed to add no new agencies and then agreed on a funding allocation. Mr. Rusten noted that the committee is uncomfortable with the process and felt that allocation requests should be received before the budgeting is done so the City Council can address any issues. Mr. Miller noted that his concern with changing the process is that it may create an expectation that funding is being expanded and more people may be applying. Mr. Miller also noted that in the past some Council members had opposed the idea of providing this funding at all. Ms. Mackenzie said she loves the idea that the city does this. She recommended that in the 2014 process, there be fund-raising among staff and then have the city match it. Ms. Riehle asked what other communities do. Mr. Miller said in Milton the process is similar to South Burlington. Mr. Rusten said Wilmington is similar to the South Burlington figure and the process is similar to what the committee is recommending. Ms. Dooley then moved to adopt the Social Services Committee recommendation for disbursement of $36,000.00 as presented. Mr. Engels seconded. Motion passed unanimously. 6. Waive first reading of Street Lighting Standard Ordinance; schedule public hearing for 7 May 2012: Mr. Miller noted that in order to specify certain types of lighting in federal and state projects, the city must have this in the ordinance. Mr. Engels moved to waive the first reading of the Street Lighting Standard Ordinance and to schedule a public hearing for 7 May 2012. The motion was amended to change the word "westerly" to "easterly" in the first paragraph. Ms. Mackenzie seconded. Motion passed unanimously. 7. Consider Authorizing Re-financing of a Stormwater Mitigation Grant Anticipation Note for $200,000: Mr. Rusten noted that in 2008 the City Council approved a grant for one year in a note that would be renewed. One-third of this note was paid in January. The city then bid out the note and got a reduction in interest. The Merchants Bank has locked in a 1.86% 2-year rate. Mr. Rusten also noted that a note for $580,000 is being paid off early which will save that interest money. Mr. Engels moved to approve the refinancing of the Stormwater Mitigation Grant Anticipation Note as presented. Ms. Mackenzie seconded. Motion passed unanimously. 8. Consider Councilor to Serve as UVM Liaison: Ms. Dooley noted she became liaison 4 years ago. In recent years, issues have been addressed more administratively. She wasn't sure of the need for this position to continue. Mr. Miller agreed this could be handled at the administrative level, and if any issues escalated, the Council could then become involved. Members agreed to this. 9. Liquor Control Board: Ms. Mackenzie moved the Council adjourn and reconvene as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. Mr. Miller presented annual liquor license renewals from the following: Councilor Greco asked if there are guidelines for granting liquor licenses and how many police issues such as DUI's were enough to disapprove the application. Mr. Miller said he didn't know that a number was ever capped. Councilor Greco also asked why there was no indication that the police department had seen and approved the applications. Mr. Miller said the police had reviewed all the applications. Mr. Engels said he can't believe the city routinely approves tobacco licenses. Mr. Miller said he would look into both concerns. Mr. Statsir noted that the Police will recommend actions if there is an issue regarding liquor control at a particular place. Ms. Dooley moved to approve the liquor license renewals as presented. Mr. Engels seconded. Motion passed unanimously. 10. Discuss Possible Rules of Procedure and other Regular Expectations for City Council: Mr. Miller suggested that for transparency, there be language as to how to put something on a Council agenda. Mr. Rusten noted that in some communities, Council members are asked if they have anything for the next agenda, and if a majority agrees, it is included in that agenda. Members agreed to stress the confidentiality of executive sessions in the rules. Mr. Miller said it should be made clear that "serial conversations" among members should be discouraged, especially if the intent is to reach a decision. Ms. Dooley expressed concern with "going overboard" in prohibiting conversation among Councilors. Mr. Engels said it gives the public more of an idea on how decisions are made if discussion occurs in public. Regarding contacting city staff, Mr. Miller said Council members should call Mr. Rusten or himself for questions of clarification. Calling members of other departments, however, can result in those people not knowing how to react. Mr. Rusten cautioned against individual Council members tasking the City Manager or Deputy City Manager with work. This should only be done by the entire Council. Members agreed to continue this discussion. As there was no further business to come before the Council, the meeting was adjourned at 8:20 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 2 APRIL 2012 PAGE 6 7. Consider Authorizing Re-financing of a Stormwater Mitigation Grant Anticipation Note for $200,000: Mr. Rusten noted that in 2008 the City Council approved a grant for one year in a note that would be renewed. One-third of this note was paid in January. The city then bid out the note and got a reduction in interest. The Merchants Bank has locked in a 1.86% 2­year rate. Mr. Rusten also noted that a note for $580,000 is being paid off early which will save that interest nloney. Mr. Engels moved to approve the refinancing of the Stormwater Mitigation Grant Anticipation Note as presented. Ms. Mackenzie seconded. Motion passed unanimously. 8. Consider Councilor to Serve as UVM Liaison: Ms. Dooley noted she became liaison 4 years ago. In recent years, issues have been addressed more administratively. She wasn't sure of the need for this position to continue. Mr. Miller agreed this could be handled at the administrative level, and if any issues escalated, the Council could then become involved. Members agreed to this. 9. Liquor Control Board: Ms. Mackenzie moved the Council adjourn and reconvene as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. Mr. Miller presented amlualliquor license renewals from the following: Aviation Deli & Fine Foods Eagles Fraternal Order #793 Higher Ground Holiday Inn Leisure World, Inc. M.T. Bellies Deli Maplefields Olive Garden The Pour House Rotisserie Sheraton VT Corp Applebee's Chanlp lain Farms -Exx on Champlain Fanns Chick Charlie's Gonzo's Indoor Golf Green Mountain Suites Hotel Short Stop #105 Moe's Southwest Grill Price Chopper #228 Silver Palace Windj ammer Restaurant Zachary's Pizza