Loading...
HomeMy WebLinkAboutMinutes - City Council - 02/19/2013CITY COUNCIL 19 FEBRUARY 2013 The South Burlington City Council held a regular meeting on Tuesday, 19 February 2012, 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 Also Present: R. Rusten, Interim City Manager; D. Kinville, City Clerk; S. Stitzel, R. Fletcher, City Attorneys; Chief D. Brent, Fire Department; K. Murray, Planner; J. Rabidoux, Director of Public Works, P. Taylor, Board of Civil Authority; C. Shaw, P. & B. Nowak, G. Maille, A. Clift, M. Cimoneau, B. Cimonetti Executive Session: Ms. Dooley moved that the Council meet in executive session to discuss personnel matters, negotiations, real estate and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Dooley moved that the Council exit executive session. Ms. Mackenzie seconded. Motion passed unanimously. 1. Agenda Review: No changes were made to the agenda. 2. Comments & Questions from the Audience, not related to agenda items: Mr. Maille: Raised the issue of getting an expert opinion on noise data collected by the Airport. Without this, the Council and citizens can’t take action on the data because it will be “aged.” Also reminded that Council that he had asked about forming a regulatory Board in relation to the Airport (under 5VSA17). The Board would have the authority of a quasi-judicial board such as the DRB. 3. Announcements and Interim City Manager’s Report: Mr. Rusten: Reported the resignation of Chris Cole from the Planning Commission for personal reason. Other members: Reported on meetings attended, including the visioning sessions. 4. Consent Agenda: A. Sign Disbursements B. Approval of Minutes of 4 and 6 February 2013 C. Financials for the month of January Members requested that all items be removed from the consent agenda. 5. Discuss Status of Charter Amendments Approved on 6 November 2012 and Possibly Determine Action on Same: Mr. Stitzel explained that although the City Council warned and held all public hearings required for the proposed amendments, because of the unusual circumstance of the amendments being printed on the State ballot, the warning for the amendments, which should have been posted between late September and early October, was not posted. The Legislature has the authority to waive such defects, and they are prepared to do so. Mr. Stitzel said that certificates and documentation have been prepared, and he asked the Council for authorization to submit these and to ask the Legislature to approve the Charter amendments. Ms. Dooley moved to ask the City Attorney to submit the Certificate for the two Charter amendments that were approved by voters on 6 November 2012, and to indicate that the City Council supports the will of the voters. Ms. Mackenzie seconded. Motion passed 4-0. Ms. Kinville noted that the warning process needs to be revised because the existing timing requires that ballots be available to the public before the warning period. 6. Status of Appeal of City of Burlington regarding 2012-2013 tax assessment on properties at Burlington International Airport: Mr.. Fletcher reviewed the history of the appeal of the $73,920,800.00 assessment. He noted that last week, the City of Burlington filed an appeal of the Board of Civil Authority’s determination that the values were correct. If the Court rules in favor of the City of Burlington, the City of South Burlington would have to repay taxes with penalties. 7. Discussion and Possibly Approve the Collective Bargaining Agreement between the City of South Burlington and the South Burlington Police Officers Association: Mr. Rusten outlined the terms of the agreement and asked the Council to approve it subject to an agreement on retroactive pay from 1 July 2012. Mr. Engels moved to approve the agreement with the Police Officers Association with the understanding that there will be an agreement regarding retroactive pay. Ms. Dooley seconded. Motion passed 4-0. 8. Discussion and Possible Approval of the Resolution Regarding the Increasing of Certain Fees and Charges: Mr. Rusten reviewed the areas of increased fees: ambulance service, road opening fees, and off-duty Fire Department work. Ms. Mackenzie moved to approve the Resolution Regarding the Increasing of Fees and Charges. Ms. Dooley seconded. Motion passed 4-0. 9. Interim Zoning Deliberative Session: A. Interim Zoning Application #IZ-12-13, Queen City, LLC, amendment to PUD to add two new dwelling units, 428-434 Shelburne Road: Ms. Dooley moved to approve IZ-12-13, Queen City, LLC, per the draft decision. Ms. Mackenzie seconded. Motion passed 4-0. 10. Discuss and Consider Approval of the Resolution Regarding the Taking of Minutes and the Recording of the City Council Meetings: Members reviewed the resolution indicating that all City Council meetings will be recorded and recordings will be available to the public within 5 days of the meeting. Written minutes will contain only what is required by law. Any change to a prior meeting’s minutes will be made on the prior minutes. Mr. Engels moved to approve the resolution as presented. Ms. Mackenzie seconded with a request to see how to make this process ADA compliant. Motion passed 4-0. 11. Discuss and Approve Any Plans to Inform the Public Concerning the Proposed FY2014 City Budgets and Pre-Town Meeting Plans: Ms. Greco agreed to prepare something for Front Page Forum and the Free Press. Members agreed to a “Please Vote” ad. 12. Authorize the Interim City Manager to Determine Which Law Firm to Enter into an Agreement With Regarding the MS4 Appeal: Ms. Dooley moved to authorize the Interim City Manager to determine a law firm to enter into an agreement with regarding the city’s MS4 appeal. Ms. Mackenzie seconded. Motion passed 4-0. 13. Discuss and Possibly Decide upon the Interim City Manager Appointment Process: Five applications have been received. Members agreed to finalize questions and then talk with candidates next week. 14. Discuss and Possibly Modify the Current Library Trustee Membership: It was noted that Mr. Rusten’s appointment was temporary because of low membership. It was agreed that with his current work load and increased membership on the Board, Mr. Rusten no longer needs to serve in this capacity. Ms. Mackenzie moved to “unappoint” Mr. Rusten from the Library Trustees. Mr. Engels seconded. Motion passed 4-0. 15. Discuss and Possibly Approve Disbursing of Money as Specified in the Resolution to create an Interim Zoning Reserve Fund: Mr. Rusten reviewed the history and asked for authorization to disburse the funds. Mr. Engels moved to approve disbursing of $75,000.00 to pay for expenses related to Interim Zoning. Ms. Dooley seconded. Motion passed 4-0. 16. Discuss and Possibly Approve Appointment Process to Fill Position on Planning Commission Due to Announced Resignation: Members agreed to advertise this position and the vacancies on the Library Board and DRB and also to look at those who had expressed interest during the summer. 17. Discuss and Possibly Set a Date for A Special Meeting the Week of February 25, 2013 to Deliberate Remaining IZ Applications as Well as Other Issues: Members agreed to meet on 26 February, at a time to be determined. 18. Other Business: A. Items held from Consent Agenda: 1. Disbursements: Ms. Mackenzie questioned whether disbursements regarding the departure of the City Manager are being done in public so costs are understood. Mr. Rusten said Mr. Miller will be paid the $117,500 yearly salary minus taxes plus a check for his last payday. Some benefits are being negotiated. Mr. Cimonetti asked that a gross amount be made public prior to the March 5th vote on the proposed budget. Ms. Dooley moved to approve disbursements as presented. Ms. Mackenzie seconded. Motion passed 4-0. 2. Minutes of 4 and 6 February 2013: In the Minutes of 4 February, p. 4, it was noted that Rob Halpert is the member of Scott Cameron’s law firm who had been consulted regarding the MS4 appeal. In the Minutes of 6 February, p. 2, Item #3. The name of Mr. Lees should be changed to Mr. Blais. Ms. Mackenzie moved to approve the Minutes of 4 and 6 February as amended. Ms. Dooley seconded. Motion passed 4-0. 3. Financials: Ms. Dooley questioned the $46,000 expenditure under Natural Resources Committee. Mr. Rusten explained that this item is covered by a grant. Ms. Dooley moved to approve the financials as presented. Ms. Mackenzie seconded. Motion passed 4-0. b. Bike Rack No action was taken on bike rack items. C. Other Business: Members agreed to put the airport noise study raised by Mr. Maille on a future agenda and agreed tentatively to the 18 March agenda. The also agreed to put the Intercept Facility and the Hinesburg Road issue raised by Mr. Rabidoux on that agenda as well as Police Station signage. 19. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss personnel matters, litigation, negotiations and real estate, and to resume regular session only for the purpose of adjournment. 20. Regular Session: As there was no further business to come before the Council, Ms. Dooley moved to adjourn. Ms. Mackenzie seconded. Motion passed unanimously. The meeting was adjourned. __________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.