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HomeMy WebLinkAboutMinutes - City Council - 06/18/2012CITY COUNCIL 18 JUNE 2012 The South Burlington City Council held a regular meeting on Monday, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; J. Rabidoux, Director of Public Works; M. Lyons, Assessor's Office; P. Taylor, City Charter Committee; L. Blanchard, Project Manager; S. Stitzel, City Attorney; P. Picard, S. Quest, M. Young, G. Farrell, G. Maille, P. & B. Nowak, T. Cairns, L. Ventriss, J. Rosendahl, R. Provost, L. Williams, M. Picard, M. Boulanger, R. Hubbard, S. Ducharme, M. Brown, N. Simson, B. Miller, B. Stuono, P. Clemens 1. Agenda Review: Members agreed to table the Minutes of 8 May 2012 from the Consent Agenda. 2. Comments & Questions from the Audience, not related to Agenda items: Mr. Farrell: Spoke in support of the bedding of F35s. Mr. Farrell said he was sensitive to the noise issues but felt equal time should be given to economic issues. He felt the Air Guard is vital to the Airport and said that the F35s don't need full power to take off, and the take off lasts only 30 seconds. He also noted the Air Guard is only 5% of the aircraft that take off from the Airport. Mr. Farrell presented a petition with 1600 names asking the Council to reconsider its decision. He felt the Council should have started by asking how this can be made to work for everyone. Ms. Ventriss: Also spoke in support of the F35s. She noted that the Council was not interested in discussing economic issues, but the economic impact to the area would be over $100,000,000, mainly in high skill/high tech jobs. She noted that the Guard has one of the top 10 payrolls in Chittenden County. Ms. Ventriss also felt the Council did not wait for the Air Force to respond to their questions before making its decision. She said there would be fewer, louder planes with lower emissions in 6 categories, and an overall reduction in airfield operation. Mr. Rosendahl: Felt the Council ignored all but the environmental impacts and didn't consider those well. He said previous aircraft were much louder. He also indicated that he had lived on an Air Force base for a year and wasn't harmed. He felt it would be a tragedy if this Guard unit is lost. 3. Announcements and City Manager's Report: Mr. Miller: There will be a meeting on Thursday regarding the Holmes Road issue. Janice Ladd has been appointed Assistant Treasurer. Mr. Engels: The South Burlington girls' rugby team won the state championship. Ms. Mackenzie: Has been elected Chair of Vermont Public Television. 4. Consent Agenda: Members agreed to remove the Minutes of 7 May and 4 June from the Consent Agenda. Ms. Dooley noted she would abstain from voting on the Consent Agenda due to a potential conflict of interest. Ms. Riehle moved to approve the Consent Agenda as amended above. Ms. Mackenzie seconded. Motion passed 4-0 with Ms. Dooley abstaining. 5. Continued Public Hearing for Interim Zoning Application #IZ-12-03 of Robert L. Provost to subdivide a 0.57 acre lot developed with two single family dwellings into two lots, 27 Birch Street: Mr. Provost said he has a mylar signed by a surveyor. The state has adopted a 20-foot right-of-way for utility access. The current plan shows 15 feet, but it can accommodate 20 feet. Mr. Conner said the minimum access should be 20 feet. Mr. Provost said he is going from a PUD to a subdivision because it is harder today to get financing. Nothing else will change, and there will be no new houses. Ms. Dooley asked why Mr. Provost submitted a warranty deed. Mr. Provost said he wanted to show that this had been 2 lots. A comment had been made that it was only one lot. Ms. Riehle then moved to close the hearing. Mr. Engels seconded. Motion passed unanimously. 6. Continued Public Hearing for Interim Zoning Application #IZ-12-04 of Larry & Leslie Williams to amend a planned unit development consisting of six lots into 10 lots for a total of 11 units, 1630 Dorset Street: Mr. Williams said he had a request to respond to the interim zoning guidelines. With regard to form based codes, he noted this project wouldn't look any different under form based codes. He also did research on agriculture. The soils on this property are not prime ag and are much less viable for agriculture. He suggested the possibility of a community garden in the lower right hand corner of the site. The house lot that is there now could be removed. It is about a quarter of an acre. Regarding open space, Mr. Williams said nothing on the property has been identified as critical as far as open space is concerned. The garden area would contribute to open space. Regarding affordable housing, Mr. Williams said affordability would depend on who buys a lot and what they want to spend on a home. Smaller lots would be suitable for affordable housing. Mr. Williams said he hoped the Council would work with them to create a plan that would be easier to finance. If people can get financing, they can have a more affordable home. Mr. Williams noted that the Recreation Path Committee wanted an easement for a bike bath beyond the right-of-way and also wanted the applicant to provide a structural base for the rec path. He noted that if this plan is not approved, there would be no bike path. Ms. Dooley moved to close the public hearing. Mr. Engels seconded. Motion passed unanimously. 7. Second Public Hearing on Street Ordinance to Set Standard to Street Lighting: Ms. Riehle moved to open the public hearing. Ms. Mackenzie seconded. Motion passed unanimously. Mr. Rabidoux said this ordinance will insure that street lighting for the Sheraton project is consistent with existing adjacent lighting. Without the ordinance, the city's wishes might not be recognized. No further comment was offered. Ms. Mackenzie moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. Mr. Young asked if this lighting is more expensive. Mr. Rabidoux said they were going to do LEDs anyway. He didn't anticipate additional cost. Mr. Engels moved to approve the Street Ordinance to Set Standard to Street Lighting as presented. Ms. Mackenzie seconded. Motion passed unanimously. 8. Consider Approval of Resolution Finding that Establishing a TIF District and Incurring Indebtedness Will Serve the Public Purpose of a TIF and Authorizing the City to Develop a TIF District Plan: Ms. Blanchard explained that this is a formality that indicates that the city is intending to put together an application and conduct public outreach in that regard. She explained that a TIF district allows the use of tax increments from redevelopment of properties for payment of debt. The city will have 5 years in which to incur debt and then 20 years to collect revenues to repay the debt. The city will vote on a debt ceiling based on conceptual buildout, etc. Ms. Blanchard then read the resolution. Mr. Engels moved to approve the Resolution Finding that Establishing a TIF District and Incurring Indebtedness Will Serve the Public Purpose of a TIF and Authorizing the City to Develop a TIF District Plan as presented. Ms. Riehle seconded. Motion passed unanimously. 9. Consider City Clerk Charter Change Proposal and Recommendation from City Charter Committee: Mr. Taylor reviewed the history of the request from the City Clerk to enable the Clerk to have administrative control over his/her staff. He said the Charter Committee met 6 times, and submitted a report. Their recommendation is that the City Clerk position remain an elected position and that the Clerk have the power to appoint, discipline and remove assistants. Ms. Kinville thanked both the City Council for this discussion and the City Charter Committee for taking her request very seriously. She noted that the City Clerk is the only elected city official other than City Council members. Ms. Kinville noted that in the past she has had to speak out regarding serious issues, as did the previous City Clerk. She stressed that she is there to serve the citizens. She also noted that in the past there has been "interference" with the Clerk's office, and she has had to take a position. She feels it is very important for her to be able to run the Clerk's office without "interference." She also noted that in the past she had employees who were undermining the running of the Clerk's office, and it took a year to get rid of them. Ms. Kinville also noted that for many years the City Charter was wrong in indicating that the City Clerk was appointed. Three years ago that was corrected by the State. At that time, the 3-year term was taken out, it now seems that the Clerk is elected yearly. Mr. Miller said if a term is not indicated, it is one year; however, the voters voted on a 3-year term. This is a gray area because the State removed the 3-year language. Mr. Miller then explained how things work in other departments with regard to hiring, firing and discipline. He noted that the ultimate decision in those departments rests with the City Manager. Ms. Mackenzie asked how often there has been disagreement between a department head and a city manager with regard to hiring. Mr. Miller said ultimately there is agreement. There is always discussion. Mr. Engels said he couldn't support the Charter Committee's recommendation. He said if this were a small village, it would be fine. He didn't see how a Clerk's office like this would function with a city manager form of government. Ms. Kinville said that as an elected official she now reports to the citizens, not the City Council. Mr. Stitzel said he has reviewed the City Charter Committee's recommendation and also testified before them. He stressed that the City Clerk's office is very well run. He also noted that almost all city/town clerks in Vermont are elected, though some communities have opted for an appointed clerk. Mr. Stitzel explained that general authority in State Statute is that a City Clerk can hire, discipline and fire assistant clerks. Because of this, communities have identified assistant city clerks as "at will employees" and the communities do not have the authority to hire, fire or discipline these employees. In cases where this is not clear, assistant clerks are not "at will employees" and enjoy the rights of all other community employees. In South Burlington, there is nothing in place that designates the City Clerk's assistants as "at will employees," so they are afforded certain rights regarding hiring and termination of employment. Mr. Stitzel then cited areas of potential liability for the city. He said one of the highest areas of liability is employment. What a community can insure for is much less than what they can end up paying out if there is a law suit regarding employment. Mr. Stitzel said this is not reflected in the state law related to employment/termination of employment by a city clerk. Any lawsuit filed would be against the community as assistant clerks would still be city employees. This would apply to a charge of "discrimination in hiring." Mr. Engels asked if a clerk would have to ask her employees to become "at will employees." Mr. Stitzel said she would not. There is currently a collective bargaining agreement, and employees would be entitled to those rights. Mr. Stitzel added that city Personnel Rules and Regulations also have a procedure, and those rules would have to be revised to indicate assistant clerks do not enjoy those rights. There are also constitutional rights and employees enjoy those rights. There would have to be negotiations with those employees to negotiate those rights. This could result in a problem with existing employees. Mr. Stitzel noted that Vermont continues to recognize "at will employees." Mr. Miller noted that he is an "at will employee" of the City Council. Mr. Stitzel added that city department heads are not "at will employees." Ms. Lyons, head of the City Hall Employees Association, said the Association is not in favor of this and that she had testified to this at the City Charter Committee. She said the Association does not want to give up the rights and protections afforded to employees who would become "at will employees." Ms. Picard noted she had been City Clerk from 1977 to 2001. The bargaining unit came on board during her tenure and problems were worked out. She felt these problems could be worked out as well. Ms. Picard said she hired and fired and disciplined her assistants and never had a problem. She noted that one assistant clerk has been with the city for 30 years. Ms. Picard said she also felt the City Clerk should be an independent position and she supported State Statute and the City Charter Committee's recommendation. Ms. Mackenzie said she sees this as one of the things that needs to be cleaned up. She felt there should be consistency in all departments. Ms. Dooley said she was not comfortable with "at will employees" and felt there has to be a better way. She felt the city may need to move toward an appointed City Clerk but suggested the current Clerk be allowed to continue as an elected official but not with "at will employees." She added that for a city of this size, an appointed clerk would be the best way to resolve the lack of clarity in the City Charter. Ms. Riehle liked the idea of the current clerk continuing as an elected position. She felt the assistant clerks should be treated as all other city employees are treated. Ms. Greco was concerned with potential litigation. She was also concerned that someone with no credentials could be elected, and the position involves the handling of large sums of money and vital records. She felt the voters should decide if this should be an elected or appointed position. Mr. Taylor said he would favor an elected position as it involves the "independence" of the office. He also raised the question as to what would happen if someone ran against Ms. Kinville, won the election, and then was told he couldn't serve because the position is now an appointed position. Mr. Stitzel said that is an interesting question, and he would like to reflect on it. He felt the easiest way to handle this is to set a time during which the clerk's position would remain an elected position. Mr. Engels asked how much staff time is devoted to tax collection. Ms. Kinville estimated 15-20%. Ms. Riehle said she appreciated the election process and how important it is, but there are a lot of roles that are not elected, particularly if they involve a certain skill set. Ms. Kinville said there really is not a specific skill set. She said she came to the job from the business world. It would also be unlikely for the city to find a "prior city clerk" to apply or hire. What is needed is someone who cares, with the ability to do some complicated/some not-so complicated tasks. Ms. Kinville also noted that if she were to be appointed, she wouldn't speak out against something she thought was wrong for fear of losing her job. She added that she now risks losing her job every time she comes up for re-election. Mr. Miller said he would have a real problem if people don't speak up. He noted there is "whistle-blower" protection in the city. Ms. Dooley then moved to ask the City Attorney to draft language with the intent to provide for some period during which the current City Clerk would continue to run for re-election, after which the position of City Clerk would become an appointed position. Further to make it clear that assistant clerks are employees of the city, and that the final decision regarding hiring, disciplining, and firing of these employees rests with the City Manager. Ms. Riehle seconded. Motion passed unanimously. 10. Interview Candidates for Openings on Boards, Committees, and Commissions: Matthew Boulanger - Rec Path Committee: Mr. Boulanger said he is a frequent bike rider, both as recreation and as a commuter. He would like to expand and improve the infrastructure and make sure that amenity is part of the development process. In instances of disagreement, he would try to work toward consensus. Melanie Brown - Pension Board: Wants to become a good role model for her child by serving the community. Has managed mutual funds for retirement plans in Vermont. Felt that differences of opinion are valuable and that committees should then work together toward consensus. Patrick Clemens - Planning Commission, Natural Resources or Energy: Mr. Clemens' main interest is in serving. He has not previously served in South Burlington but has done things on a national level. Feels all opinions should be heard and all issues fully discussed. Mark Companion - Energy Committee Is an incumbent on that committee and feels it is doing interesting things. Feels the committee could use more "horsepower." In instances of disagreement, there should be discussion and then consensus. Sue Ducharme - Recreation Committee: Is interest in working with seniors and in programs for toddlers, and has worked 14 years at Wake Robin. She felt the Recreation Committee is not involved enough in activities. In cases of disagreement, she would look at the issues, discuss facts, state opinions, and go with the consensus. Rick Hubbard - Pension Advisory Committee: Felt there is an opportunity for the city to be doing much better. There is also a need for an accurate way to measure performance. He felt South Burlington has underperformed its benchmark. He is on the investment advisory board for the Green Mountain Club. He felt decisions should be reached by consensus. Donald Jenkins - Library Board of Trustees Is surprised at the "attached" Library. Felt there should be a larger physical space for the Library and would like to help move toward that. In instances of disagreement, he would "respectfully disagree," then fall in line. Bill Miller - Development Review Board: Interested in the impact of the DRB on the community. Felt the job sound "like fun." He felt you have to live with the decision of the group. Sophie Quest - Planning Commission: Felt this is an amazing time in South Burlington and wants to be part of it. She is a Quaker and a mediator and would try to serve as many needs as possible to get to a win-win situation. Nancy Simson - Library Board of Trustees: Has been on the Board for 2 terms, Chair for one term. Wants to follow through on the process and do what is right for the city library. Felt there are no issues that can't be solved. Encouraged the Council to fully fill the Library Board as there is now a lot of extra work for everyone. Bill Stuono - Planning Commission: Is now on DRB and would like to be on both the DRB and Planning Commission. Felt Interim Zoning was correct. Peter Tousley - Energy Committee: Said that "energy is my life." Has been in energy management for 30 years. Felt energy use can be reduced so that tax money can be used elsewhere. Has encouraged his employees to volunteer and wants to lead by example. 11. Review and Consider Approval of Interim Zoning Committees, Missions, Purposes, Goals, Strategies and Membership: Committee Members for the three interim zoning committees were announced as follows: Mission and goal statements for these committees were also presented in written form. Ms. Mackenzie moved to approve the membership, missions and goals of the three interim zoning committees as presented. Ms. Riehle seconded. Motion passed unanimously. 12. Consider setting the Tax Rate and Tax Due Dates: Mr. Rusten said they had estimated the tax rate at .4036 and that is what is being recommended. The locally voted tax for the veterans' exemption is .0005. The rate for the Spear Street Northeast Sewer is .1495. The amount for the Spear Street South project is the same as last year, $732.81. Tax collection dates would be: August 15, 2012, November 15, 2012, and March 15, 2013. Ms. Dooley moved to approve the tax rates and special assessments and the due dates for tax collection as presented. Ms. Riehle seconded. Motion passed unanimously. 13. Ratification of Settlement in Ivy, Campbell and Parker/Rooney/Rooney Matters: Mr. Miller advised that the total settlement is $75,000. The city would be responsible for the deductibles in all three cases for a total of $7,500. The agreement includes a provision that there will be no further action against Chief Whipple or Jack O'Connor. Mr. Engels moved to approve the settlement in the matters of Ivy, Campbell and Parker/Rooney/Rooney as presented. Ms. Riehle seconded. Motion passed unanimously. 14. July and August Schedule: Members agreed to meet on July 2 and July 16. 15. Other Business: In the minutes of 7 May, the spellings of 2 names (Dapice and Gonyaw) were corrected. On page 9 of these minutes, it was noted that it was the DPSA that wanted a lounge. In the Minutes of 8 June, p. 8, it was noted that Mr. Rusten and Ms. Murphy prepared the draft. Ms. Dooley moved to approve the Minutes of 7 May and 8 June with the above corrections. Ms. Riehle seconded. Motion passed unanimously. 16. Deliberative Session: Ms. Mackenzie moved the Council meet in deliberative session and to resume regular session only for the purpose of adjournment. Ms. Riehle seconded. Motion passed unanimously. 17. Regular Session: Councilor Riehle motioned to adjourn the meeting, seconded by Councilor Mackenzie. The meeting adjourned. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 18 JUNE 2012 PAGE 9 Sophie Quest -Plmuling Commission: Felt this is an muazing time in South Burlington and wants to be part of it. She is a Quaker and a mediator and would try to serve as many needs as possible to get to a win-win situation. Nancy Simson -Library Board of Tnlstees: Has been on the Board for 2 terms, Chair for one term. Wants to follow through on the process and do what is right for the city library. Felt there are no issues that can't be solved. Encouraged the Council to fully fill the Library Board as there is now a lot of extra work for everyone. Bill Stuono -Planning Commission: Is now on DRB and would like to be on both the DRB and Planning Commission. Felt Interim Zoning was correct. Peter Tousley -Energy Committee: Said that "energy is my life." Has been in energy management for 30 years. Felt energy use can be reduced so that tax luoney can be used elsewhere. Has encouraged his elnployees to volunteer and wants to lead by example. 11. Review and Consider Approval of Interim Zoning Committees, Missions, Purposes, Goals, Strategies and Membership: COlnmittee Members for the three interim zoning committees were announced as follows: Affordable Housing Committee: Charlie Baker Leslie Black-Plulueau Sr. Margaret Brault Smldra Dooley Eric Farrell Joe Larkin Erhard Mahnke Bob McDonald Larry Michaels Michael Monte IZenn Sassorossi K.en Schatz John SiIuson Kathy Searles Amy Wright CITY COUNCIL 18 JUNE 2012 PAGE 10 Form Based Codes Committee: Ernie Pomerleau Melinda Moulton Will Rapp Mike Silnoneau Tim Duff Tim McKenzie Tricia I(ing Ani ta Germain Tom Bailey Bill Gilbert Michael Mittag John Illick Debra Bell a Planning Commission member to be named Sustainable Agriculture Committee: J enna Antonio de Mare Vince Bolduc Betty Milizia Sophie Q\lest Addison Raap Mollie Silver Tracey Tapley Ethan Thompson Ben Waterman Will Robb Mission and goal statements for these committees were also presented in written form. Ms. Mackenzie moved to approve the membership, missions and goals ofthe three interim zoning cOlnmittees as presented. Ms. Riehle seconded. Motion passed unanilnously. 12. Consider setting the Tax Rate and Tax Due Dates: Mr. Rusten said they had estimated the tax rate at .4036 and that is what is being recommended. The locally voted tax for veterans' exemption is .0005. The rate for the Spear Street NOliheast Sewer is.1495. amount for the Spear Street South project is the same as last year, $732.8l. Tax collection dates would be: August 15,2012, November 15, 2012, and March 15, 2013. Ms. Dooley moved to approve the tax rates and special assessments and the due dates for tax collection as presented. Ms. Riehle seconded. Motion passed unanimously.