Loading...
HomeMy WebLinkAboutMinutes - City Council - 02/04/2013CITY COUNCIL 4 FEBRUARY 2008 The South Burlington City Council held a regular meeting on Monday, 4February 2013, at 4:30 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: R. Rusten, Deputy City Manager; D. Kinville, City Clerk; S. Stitzel, J. McLean, City Attorneys; L. Murphy, Librarian; P. Conner, Director of Planning & Zoning; K. Murray, Planner; J. Rabidoux, Public Works Director; T. Hubbard, Recreation Director; Chief T. Whipple, Police Department; M. Simoneau, J. Knapp, P. Nowak, B. Stuono, B. & J. Goldberg, G. Maille, B. Bull, B. Cimonetti, B. Bouchard, S. McClellan J. Louisos Executive Session: Ms. Dooley moved that the Council meet in executive session to discuss personnel matters, negotiations, real estate and litigation and to continue deliberation on interim zoning applications. Mr. Engels seconded. Motion passed unanimously. Regular Session: Engels moved that the Council exit executive session. Ms. Riehle seconded. Motion passed unanimously. 1. Agenda Review: Ms. Dooley moved to add as item #3 a review of the City Manager’s contract. Ms. Riehle seconded. Motion passed unanimously. 2. Comments & Questions from the Audience, not related to agenda items: A former South Burlington resident expressed concern that when he was recently in the city a South Burlington Police officer threatened to tase him and grabbed his arm when he declined to answer questions. 3. Action on City Manager’s Contract: Mr. Engels moved to terminate Sandy Miller’s contract effective immediately relative to paragraph 3 of his contract.. Ms. Riehle seconded. Ms. Greco read the contract paragraph which indicated that Mr. Miler would receive twelve months salary and benefits from the date of termination. Ms. Mackenzie said she agreed with the action but felt it could have been done in a more “planful” way to help staff and the community. Ms. Dooley said she supported the action but as it was a personnel matter, she had nothing to add. Public comment was then solicited. A member of the public asked when the decision was made. Ms. Greco said the decision was made last Monday. She also advised that there would be a press release issued in the morning explaining the action. An audience member asked what Mr. Miller’s salary was. Ms. Greco said $117,500.00. Mr. Rusten asked about financial implications. Ms. Greco said there will be a special meeting to address that. Mr. Simoneau asked the expiration of the current City Manager’s contract. Ms. Greco said there is no expiration. In the vote that followed, the motion passed unanimously. 4. Announcements and City Manager’s Report: Mr. Rusten: advised that long-time and current Development Review Board member Roger Farley passed away last week. Mr. Rusten then questioned “who is in charge” now. Mr. Stitzel said until the Council takes further action, the Council is in charge. Any issues that arise should be directed to the Council Chair. Members then agreed to hold a special meeting on Wednesday, 6 February, at 4:30 p.m. Ms. Dooley: attended the PACT meeting regarding “Art with a Purpose.” Mr. Engels: the Form Based Codes Committee will be holding a big event beginning 12 February at 6 p.m. The event will continue through Saturday the 16th and will include a session on Market Street, open public sessions and meetings with committees and stake holders. Ms. Greco: attended the Form Based Codes Committee, Planning Commission, ECOS and Airport Strategic Planning Committee. 5. Consent Agenda: a. Sign Disbursements b. Approval of minutes for October 1, November 20, December 3 and 17, and January 7 and 22 c. Financials for the month of December d. Update Mileage Certificate Application Ms. Dooley noted that the minutes of 20 November and 3 and 17 December had already been approved and should be removed from this consent agenda. She also asked that the Minutes of 7 January be removed. Ms. Greco asked that the Minutes of 1 October be removed. Mr. Riehle moved to approve the consent agenda as presented and/or revised above. Ms. Dooley seconded. Motion passed unanimously. 6. City Council to Consider Authorizing Entry of Appearance by Legal Counsel In: A. South Burlington School District Appeal Ms. Riehle noted that entering an appearance allows the city to be apprised of what is going on, and she favored that. The City Attorney explained that entering an appearance does not commit the city to any action. He said he would monitor any filings and update the Council on what is happening in the case and advise on anything that could lead to an action on the city’s part. This would not be covered in the City Attorney’s retainer, but the cost would be limited because the participation is limited. Ms. Dooley moved to authorize the appearance by Stitzel, Page and Fletcher in the South Burlington School District appeal of the DRB’s decision regarding the Methadone Clinic. Mr. Engels seconded. Motion passed 4-1 with Ms. Mackenzie voting against. B. Rutland MS4 Designation Appeal: Mr. McLean said he had been asked by the City of Rutland to appeal its designation as an MS4. He has been working with Rutland for a year on this. He understood that South Burlington was also designated as an MS4 but until recently didn’t see any conflict of interest. Subsequently, he had conferences with both communities and felt there was a potential point of conflict. He had agreed to withdraw from both actions and ask both communities to find other counsel. Mr. Rusten noted that South Burlington had been looking to engage Scott Cameron, but there is now a question of conflict of interest as Mr. Cameron represents the former City Manger. Ms. Dooley asked if the Conservation Law Foundation has also appealed this. Mr. McLean said it has in a separate action. Mr. Rabidoux said that Rutland’s appeal is different from the CLS as it relates to a decision rendered in Virginia which questions whether storm water is a pollutant. He felt this could turn the storm water issue “upside down.” Mr. McLean suggested that Mr. Rusten speak with Mr. Cameron and his firm to see if they see a conflict. Mr. Engels moved that the city enter an appearance in the Rutland MS4 Designation Appeal and have Mr. Rusten ascertain if the law firm feels there is a conflict of interest. Ms. Riehle seconded. Motion passed unanimously. 7. Council to Hear Information and Then Discuss Issue of Current City Policy and State and Federal Law Concerning Firearms in City Buildings and the City at Large: Mr. McLean said there are constitutional provisions which address the right to bear arms; however, the U.S. Supreme Court has indicated that the Second Amendment is not unlimited in its scope. It appears the Supreme Court does not see a barrier to limiting the carrying of arms in sensitive places (e.g., schools, court houses, school buses, government institutions including all state government buildings), by felons, by the mentally ill, etc. Regarding local municipalities, there are no provisions regarding the carrying of arms in municipal buildings. A person could bring a weapon into a City Council meeting or other municipally owned property. There is some specific language by which a municipality can regulate firearms, ammunition, etc. This state law trumps any local charter language to the contrary. A municipality can regulate the use or discharge of firearms, but not the possession. South Burlington does have regulations regarding discharge and use. Chief Whipple said the Police Department does refer to federal law regarding firearms and felons or the mentally ill or mentally incompetent. The city’s police cannot enforce those laws, but they can ask the feds to give them the OK to do so. Chief Whipple said in his 6+ years in South Burlington, he can remember only a youngster using a pellet gunin his backyard. The child did not know this was illegal. There have been a couple of instances of hunting at the waterfront, but the hunters were on the Lake, which is off city property. Chief Whipple did note that if a person is brandishing a weapon and causing fear, the Police can take action (e.g., disorderly conduct). Mr. McLean added that it is against the law to carry a weapon with the intent to harm someone. Ms. Dooley asked whether the Library would be included as a weapon-free place because it is within a school building. Mr. McLean said he would have to research this. Ms. Greco expressed surprise that “state buildings are sensitive and municipal buildings are not.” Mr. McLean said courts are mindful of places where people congregate and where children are present. He noted this is not a new issue. The City of Burlington was considering a ban on assault weapons, but they recognize there are statutory limitations to that legislation, and it would require a Charter change which the Legislature would have to approve. Burlington is looking into that. Chief Whipple noted he had conducted an informal survey of the state’s police chiefs and no respondents said they had any regulation prohibiting weapons in municipal buildings. Ms. Dooley suggested bringing this up at the next Legislative forum. Chief Whipple said he would support having federal standards at the municipal level. 8. Interim Zoning Deliberative Session: A. Interim Zoning Application #IZ-12-13, Queen City, LLC, amendment to PUD to add 2 new dwelling units, 428-434 Shelburne Road: Ms. .Riehle felt the changes that were made regarding parking, added gardens and green space were good. She had no issues with the application. Ms. Riehle moved to approve IZ-12-13 of Queen City, LLC, as presented. Mr. Engels seconded. Motion passed unanimously. 9. Interim Zoning: Continued Public Hearings: a. Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road: Mr. Riehle felt the applicant had made the project look more like “a community.” Ms. Mackenzie agreed. She appreciated the commitment to affordability. Mr. Engels agreed as well. Ms. Greco said her objection is that this is good growing soil and she felt it wasn’t a place for housing. Ms. Mackenzie moved to close the hearing. Mr. Engels seconded. Motion passed unanimously. b. Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC; raze existing Liberty Inn & Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Road: Ms. Greco read an e-mail she received from a resident in support of the project. Ms. Dooley noted that she had an interaction with neighbors who said they liked the project. She told them she could not discuss it with them. Mr. Bouchard submitted information on solar panels which will be similar to ones they are using on a project in Essex. He added that all of their building in the past 4 years have been LEAD certified. Several neighbors expressed approval for the project and said that working with the Pizzagalli people has been a positive experience. Mr. Engels then moved to close the hearing. Ms. Mackenzie seconded. Motion passed unanimously. 10. Interim Zoning Deliberative Session: A. Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road: Ms. Greco said she didn’t support this as the city is running out of arable land and most of the land in this development is good for growing. Ms. Riehle said she appreciated that position but noted the project did provide more open space and some arable land. Ms. Dooley said she appreciated the commitment to affordable housing.Findings will be drafted. b. Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC; raze existing Liberty Inn & Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Road: Ms. Mackenzie felt this was an exceptional example of working with the Council and with the neighboring community. She also felt this will help to improve the value of surrounding homes. Ms. Riehle noted the architectural detail and the support of energy conservation. Findings will be drafted. 11. First Reading of Draft Land Development Regulations approved by Planning Commission; suggested dates for public hearing are 4 or 18 March: Ms. Dooley asked if the temporary uses amendment has any relation to the NGA permit issue. Mr. Conner said not directly. Ms. Dooley said she would like to allow non-profits to have a tent up for a while. Ms. Greco asked the motivation for the last amendment. Mr. Conner said it was a property owner’s request. He explained that there are 2 restrictions within the Interstate Overlay: there can be no new buildings and no expansion of use. Very few uses are allowed. Mr. Conner felt the original rationale for this was to create a 150 foot buffer from the Interstate. He said that possibly a change of use wasn’t contemplated for an existing building. Ms. Greco asked if there are any homes involved in this district. Mr. Conner said there are a few. The Commission felt it was OK for them to add something like a shed but no new housing units. Ms. Greco asked if they could add a floor. Mr. Conner said there are height limits, and most of those houses are already 2 stories. Ms. Mackenzie asked about the residency requirement for Planning Commission and DRB membership. Mr. Conner said this is already in the LDRs, though it is not in the City Charter. Ms. Mackenzie asked how this would be enforced. Mr. Conner said it would be up to the City Council. Ms. Mackenzie asked if the Planning Commission learns that one of its members is no longer a city resident, is it incumbent on the Commission to bring that to the City Council. Mr. Conner said he would research that. Ms. Louisos reviewed public testimony at the Commission’s public hearing. There was discussion regarding “styles” and “types” of houses. People felt #2 was perhaps too restrictive. They supported #6. They supported exempting single family homes from the Interstate Overlay restricts. There was discussion about specifying the number of feet from a school for cannabis dispensaries even though that specification is in the state enabling legislation. Ms. Dooley then moved to schedule the second reading and first public hearing for 18 March 2013. Mr. Engels seconded. Motion passed unanimously. 12. Consider Approval of Additional Member for Sustainable Agriculture Committee: Mr. Engels moved to approve Jessica Hyman for membership on the Sustainable Agriculture Committee. Ms. Riehle seconded. Motion passed unanimously. 13. Other Business: A. Items from Consent Agenda: In the minutes of 7 January, p. 4, item #7, Ms. Dooley questioned whether this was one bedroom units. On page 7, #10 of the same minutes, the last date should be 17 December. Ms. Dooley then moved to approve the Minutes of 7 January 2013 as amended. Ms. Riehle seconded. Motion passed unanimously. b. Bike Rack: No actions were taken. Members did agree to add a discussion on tasing to the bike rack. Ms. Dooley raised the question of a snow plow appearing to advertise a business. Members agreed to put this on the bike rack as well. Executive Session: Ms. Riehle moved the Council meet in executive session to discuss personnel issues, negotiations, real estate and litigation and to resume regular session only for the purpose of adjournment. Ms. Dooley seconded. Motion passed unanimously. ___________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.