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HomeMy WebLinkAboutMinutes - City Council - 02/06/2012CITY COUNCIL 6 FEBRUARY 2012 The South Burlington City Council held a regular meeting on Monday, 6 February 2012, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; D. Kinville, City Clerk; Chief T. Whipple, Police Department; P. Taylor, D. Fleming, D. Coriell, City Charter Committee; B. Stuno, M. Young, G. Maille, D. Haggerty 1. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel matter, contract negotiations and litigation. Mr. Knapp seconded. Motion passed unanimously. Regular Session: Ms. Emery moved that the Council exit executive session. Mr. Knapp seconded. Motion passed unanimously. 1. Agenda Review: Items to be discussed under Other Business include: CCTV coverage in February, a follow-up meeting on interim zoning, and settlement of the McKenna lawsuit. 2. Comments & Questions from the audience not related to agenda items: Mr. Maille commented that the 17 October minutes seem to be an acceptance that the South Burlington Police Department and the City of South Burlington have no jurisdiction with respect to Airport noise. Mr. Maille noted that on 27 January 2011, he discussed noise issues with the City Manager, including ordinances that address noise. There are performance standards in Article A of the Noise Ordinance that cover both residential and commercial properties in the city, and it is a violation for any property owner to create noise in excess of stated levels. The Airport is property owned in South Burlington by the City of Burlington. Mr. Maille said this gives the City of South Burlington jurisdiction over the noise that emanates from the Airport. Mr. Maille then noted it has been a year since he spoke with the City Manager, and he questioned why the City Council or Police Chief believe the city can't exercise authority and get some relief from noise for the people living near the Airport. There is an airbus that sits close to his home that has to be heated to be functional in the morning. The sound from this is well above the 45 dba allowed by the Noise Ordinance. Mr. Maille said people need 6 or more hours of uninterrupted sleep in order to function, and people in his neighborhood are not getting that. He asked for clarification of the city's authority. Regarding noise measurements, Mr. Maille applauded the City Manager and the Council for their efforts to try to get the status of the noise measurements since it has been 2 years since they were done. He asked the Council to get Airport people to a Council meeting to discuss this under public scrutiny. Ms. Dooley noted that a letter is about to go to the Airport covering a lot of what is being talked about, specifically the noise measurements. Mr. Maille said it was agreed under contract that the noise information would be made public. He also asserted that the measurements were not done in accordance with the contract. Ms. Emery said it would be appropriate to have the City Attorney weigh in regarding the noise issues. Mr. Maille noted that the Airport has said the consultant has refused to give out the data because it would be "misunderstood." Ms. Emery noted that in the Airport's 20-year vision, there is a "sound wall" close to Mr. Maille's house. Mr. Maille remembered that until 2005 the Airport was fined or reprimanded if they operated between Midnight and 8 a.m. 3. Announcements and City Manager's Report: Ms. Greco updated members on her contacts regarding sustainable agriculture. Groups such as the Vermont Land Trust, South Burlington Land Trust, Shelburne farms, UVM, and others all want to be involved in the discussions. Mr. Miller advised that the city's paramedic level ambulance service went into effect today. 4. Public Hearing on Proposed Charter Changes as Requested by City Clerk and Request of City Charter Committee for Additional Time to Develop a Recommendation: Ms. Greco moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Taylor reviewed the history of the request from the City Council to study the City Charter amendment request made by the City Clerk. He then read the proposed language and noted that the City Clerk has asked for this to be on the March ballot. Mr. Taylor said the Committee has met four times and has heard from the City Clerk, City Council Chair, City Manager, President of the City Hall Employees bargaining unit, City Attorney, City Auditor, and former Assistant Secretary of State Paul Gilles. They have also received information and/or opinions from Vermont State Law, the City Charter, the former Secretary of State, collective bargaining agreements, and other communities. To date, the Committee has not been able to reach consensus on a recommendation and is asking for and additional month's time. This will mean the item cannot appear on the March ballot but could appear on either the August or November ballot. The facts and issues the Committee is considering include: an elected vs. appointed City Clerk, statutory responsibilities of the City Clerk, and whether the City Charter has been misinterpreted over time. Possible actions by the Committee include: recommending the requested language, modifying the requested language, suggesting alternate language, making no changes to the City Charter. It is hoped that any actions that do occur could take place in the personnel manual in order to avoid a Charter change. Ms. Greco asked if there is a job description for the City Clerk, either in South Burlington or elsewhere. Mr. Taylor said there is a job description in State Statute and in South Burlington. Mr. Knapp noted it the job description is scattered throughout Title 24 of State Statute. Ms. Emery noted there is also a request from the City Clerk regarding access to the office and safe. Mr. Taylor said the Committee would like to continue to deal with that for another month as well. This is handled differently in different communities. Ms. Kinville commended the work of the committee and noted they are in a difficult position. She is still asking for the proposed change to be on the March ballot. She noted that she has been asked whether the situation can be fixed without a Charter change. She said that her predecessor used to have hiring/firing responsibility until the bargaining unit came in. She also cited a conflict within the City Charter: it gives the City Manager hiring and firing responsibility but gives the City Clerk all the powers and responsibilities under State law (which includes hiring and firing). Ms. Kinville then outlined the problem as she sees it: there is a question of 2 separate classes of grievances and the city is concerned with the possibility of an employee fired by the City Clerk coming back to take action against the city. Ms. Kinville stressed that under State law, assistant clerks are "at will" employees, so she did not feel there was any justification for them to sue the city. Ms. Kinville said she has been asked: "Can't we work this out?" She said she didn't know if this is possible. She noted she had been asked not to put this on the ballot when the other 2 Charter changes were voted one. She agreed to this with the understanding that it would be on the March ballot. Then she had a hard time getting it on the City Council's agenda, which is why she had to bring it up at a meeting. She added that had she known things would reach this point, she would have gone forward with a petition. Ms. Kinville then noted one change to the language she has been requesting, a subsection "a" which reads: The assistants of the City Clerk shall have the option to be members of the bargaining unit with the exception of hiring and firing. Mr. Taylor said he spoke with the former City Clerk Peg Picard who said she always felt she was the person to hire and fire her assistants, although she always spoke with the City Manager about this. Ms. Emery asked what the committee felt were the pros and cons. Mr. Taylor said he believes strongly in an elected City Clerk. He added that as he reads the statute, the Clerk has the ability to hire and fire the assistant clerks. Ms. Dooley asked about the union's position. Mr. Taylor said the union doesn't support any change to the status of people in the Clerk's office. The Committee felt the union didn't want to deal with any change to the contract. Ms. Dooley felt that if the union opposes the change, it might have a hard time in the Legislature. Ms. Greco asked what the Auditor had to say. Mr. Taylor said Mr. Smith had concerns about the Clerk and Treasurer positions being held by one person. Mr. Miller felt the City Council should hear from the City Attorney on some of the issues. Mr. Fleming said he is the "minority person" on the committee. He felt there are 2 stable ways to operate: to have an elected clerk with "at will" employees, depending on the city for infrastructure or to have an appointed City Clerk integrated with the rest of the city structure. Mr. Fleming said the first alternative is the more consistent with State Statute while the latter would help to stabilize the role of the City Clerk. He was open to discussion of a sensible solution that would allow the Clerk to work with the city. As it now stands, someone who is supposed to be autonomous has to operate within a structure. Mr. Knapp said he would advocate for an elected Clerk because it is a 250 year tradition in Vermont. Mr. Coriell said there is some ambiguity in the City Charter. He tends to think more along the lines that Mr. Taylor expressed. He is not convinced that the City Charter stands in the way of fixing the issues. The proposed language could make it more clear, but there are complicated issues (e.g., union issues). He favored an elected Clerk who needs autonomy in order to carry out the duties. Mr. Taylor said he didn't see the committee developing personnel rules but thought they might make recommendations. Ms. Kinville said that is not her preferred way to go. It is too easy to change the personnel rules and much hard to change the City Charter. Mr. Miller said there is a lot of misunderstanding of personnel rules and regulations. They cover a lot of things the labor contract covers. The consent of the labor unions is required to change personnel rules and regulations, so it may actually be harder to change the rules and regulations than it is to change the Charter. Ms. Emery asked if a Charter change would be needed if the personnel rules were changed. Mr. Miller said there are very complicated labor laws, and he wasn't sure how a Charter change would affect a labor contract. He added that the President of the bargaining unit said firmly that they don't want a change. He suggested the Council might want to hear from the City Attorney on this. Ms. Dooley said the Council's options are to vote to put the proposed language on the ballot, vote not to put it on the ballot, or extend the public hearing so the Committee can come back and report. Mr. Knapp said that since they don't have a report, the Council can't know what public response will be. He felt the public hearing should be continued. Mr. Taylor asked what language would be needed to get the item on the March ballot. Ms. Kinville said 15 February would be the last day the city can amend ballot language. Mr. Haggerty said he sensed a lack of a standard. He said he also believes in tradition. He asked if there is concern with separation of duties of the Clerk and City Manager and said he felt they should be separate with clear responsibilities for each. Ms. Greco then moved to continue the public hearing and wait for a report from the City Charter Committee. Mr. Knapp seconded. Motion passed unanimously. 5. Request for Special Check Related to Postage for Mailing Budget Books: Ms. Kinville noted that the Post Office will not accept anything but a check. She has no idea what the exact amount will be and is asking for up to $3000. Ms. Emery moved to approve a check for up to $3000.00 for mailing budget books. Mr. Knapp seconded. Motion passed unanimously. 6. Consider Authorizing Submission of a Grant Application to the Law Enforcement Terrorism Protection Program: Chief Whipple said this would be re-authorizing a grant received in 2008. $31,600 would be used for a license plate reader and mobile data terminals. Ms. Greco moved to approve submission of a grant application to the Law Enforcement Terrorism Protection Program as presented. Mr. Knapp seconded. Motion passed unanimously. 7. Discuss and Authorize Revised Contract with Champlain Water District for Services: Mr. Miller said the contract had not been updated for 10 years. The revised contract adds cancellation information (one year notice, and the city would receive all data) and eliminates "self-renewal." Mr. Rusten added that the city gets much more control, and CWD is responsible to the city. Mr. Knapp moved to approve the revised contract with Champlain Water District for Services as presented. Ms. Greco seconded. Motion passed unanimously. 8. Discussion of Ways to Support the Council's FY2013 Budget: Members discussed deadlines with The Other Paper and the possibility of personal advocacy ads. Mr. Miller suggested having the city do a "fact sheet" for The Other Paper and paying for that. 9. Advisory Ballot item Discussion at Pre-Town Meeting: Ms. Dooley noted that Rick Hubbard wants to do a presentation on the advisory ballot item. Mr. Miller said it is appropriate to have discussion at the pre-Town Meeting. The question is whether to allow a formal presentation. Ms. Dooley suggested having a time limit. Mr. Rusten said this is now the Council's article and the Council might consider having a member make a presentation. He also noted you can't limit people's speech at a pre-Town meeting. Mr. Knapp commented that it would be ironic to limit discussion of a First Amendment issue. 10. Sign Disbursement Orders: Disbursement Orders were signed. 11. Other Business: A. CCTV: Mr. Miller noted that CCTV will cover the City Council meeting on the 21st but not the DRB meeting due to extended election coverage. B. Settlement of Lawsuit: Mr. Miller said the Council needs to take action on the settlement of a suit brought by Erin McKenna regarding former Police Office O'Connor. A settlement of $10,000 is covered by the city's insurance, with the exception of the deductible of either $2500 or $5000. Mr. Miller added that this will resolve all matters, and the cost of the settlement is less than a court trial would have been. Ms. Emery moved to approve the settlement with Erin McKenna as presented. Mr. Knapp seconded. Motion passed unanimously. C. Interim Zoning Discussion: Members agreed to continue the interim zoning discussion on 21 February. Mr. Knapp noted he will be able to get to the meeting by 8 p.m. 12. Review and Approve Minutes of Budget Meeting on 5, 9, 11, 12, and 18, Regular Meeting of 17 January, and Special Meeting of 25 January 2012: It was noted in the Minutes of 12 January that the Charter Amendments were heard by the House and Senate Government Operations Committees. On p. 3 of the same minutes, paragraph 5, the word "not" should precede "...governed by new regulations." The motion to adjourn that meeting was made by Ms. Greco. In the Minutes of 17 January, it was noted that on p. 8, Mr. "York" should be changed to Mr. "Neuer." On p. 3 of those Minutes, Ms. Doley noted she read her letter to the Other Paper which included quotes from attorney Stitzel's letter. The unidentified speaker on page 10 was Aaron Pollak. In the Minutes of 18 January, p. 6, at the bottom, Ms. Emery clarified her position on not having a public vote by adding "since the Council had not voted on it." In the Minutes of 25 January, the motion to adjourn was made by Ms. Greco. Ms. Emery moved to approve the Minutes of 5, 9, 11, 12, 18, 17, and 25 January 2012 as written and/or amended. Ms. Greco seconded. Motion passed unanimously. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel issues and to resume regular session only for the purpose of adjournment. Mr. Knapp seconded. Motion passed unanimously. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Greco seconded. Motion passed unanimously. Council adjourned. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.