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HomeMy WebLinkAboutMinutes - City Council - 03/05/2015 CITY COUNCIL ORGANIZATIONAL AND SPECIAL MEETING 5 MARCH 2015 The South Burlington City Council held an organizational and special meeting on Thursday, 5 March 2015, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: P. Nowak, H. Riehle, C. Shaw, M. Emery, T. Chittenden ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; J. Barlow, City Attorney; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; Chief D. Brent and Deputy Chief T. Francis, Fire Department; B. Nowak, L. Michaels, M. Couture, C. Jones Organizational Meeting: 1. Election of Officers: Mr. Dorn presided over the election of a Council Chair. He opened the floor for nominations. Ms. Emery nominated Ms. Riehle. Mr. Shaw nominated Ms. Nowak. In the vote that followed, Ms. Nowak was elected by a vote of 3-2. Ms. Nowak presided over the rest of the meeting. She opened the floor for nominations for Vice Chair. Ms. Emery nominated Ms. Riehle. Mr. Chittenden nominated Mr. Shaw. In the vote that followed, Mr. Shaw was elected by a vote of 3-2. Ms. Emery then nominated Mr. Chittenden for Clerk. Mr. Shaw nominated Ms. Riehle. In the vote that followed, Ms. Riehle was elected by a vote of 3-2. 2. Set dates and time for regular meetings being held from March, 2015 through February, 2016: Ms. Emery moved that the Council meet on the first and third Mondays of the month at 6:30 p.m., or on the first or third Tuesday of a month in which a holiday falls on the Monday. Mr. Shaw seconded. The motion passed unanimously. 3. Annual appointments to be made by majority vote of City Council pursuant to City Charter, Chapter 13, Section 301(2): Mr. Shaw moved to make the following appointments: 1. City Treasurer Tom Hubbard 2. City Attorney James Barlow 3. Zoning Administrator Ray Belair 4. Asst. Zoning Administrator Cathyann LaRose 5. First Constable Deputy Chief Paul Edwards 6. Second Constable Sgt. Andrew Chaulk 7. Grand Juror Kevin Dorn 8. City Agent & Trustee of Public Funds Kevin Dorn 9. Code Officer Ray Belair 10. Telecommunications Officer Ray Belair 11. Emergency Management Director Doug Brent 12. Health Officer Justin Rabidoux 13. Assistant Code Officer Cathyann LaRose 14. Assistant Telecommunications Officer Cathyann LaRose Ms. Riehle seconded the motion which was then passed unanimously. 4. Designate Official Paper of Record: Mr. Shaw moved to designate The Other Paper, Seven Days and Burlington Free Press as official papers of record. Mr. Chittenden seconded. Motion passed unanimously. 5. Designate Official Depositories: Mr. Shaw moved to designate The Merchants Bank as official depository. Ms. Riehle seconded. Motion passed unanimously. 6. Appoint Council Representative to the Pension Advisory Committee: Ms. Riehle moved to appoint Ms. Nowak as Council Representative to the Pension Advisory Committee. Ms. Emery seconded. Motion passed unanimously. Special Session: 1. Agenda Review: Additions, deletions or changes in order of agenda items: Due to the early start of the special meeting, members agreed to hear items #4 and #5 prior to items #2 and #3. 4. Consider and possibly approve abandonment of unneeded recreation path easement along Dorset Street: Mr. Barlow explained that the easement is located outside the Dorset Street right-of-way and was part of a project that never occurred. It is essentially “an island.” A rec path easement was constructed within the right-of-way. Mr. Barlow asked the Council to initiate the process for giving up the right-of-way. Ms. Emery then moved to authorize the City Manager to post and publish a Notice of conveyance of Municipal Real Estate for the City of South Burlington’s easement over a certain strip of land twenty feet (20’) in uniform width along Dorset Street to Wedgewood Development Corporation and to execute a Quitclaim Deed and Abandonment of Easement to Wedgewood Development Corporation, provided that the thirty (30) day advanced notice period passes without the fining of a petition under 24 V.S.A. Section 1061(a). Ms. Riehle seconded. The motion passed unanimously. 5. Other Business: Ms. Riehle noted that she had sent an outline/suggestion to Ms. Nowak regarding the annual review of the City Manager. She felt the former process worked well. Members then reviewed meetings and events they had attended since the last Council meeting. Mr. Dorn reported on the following: 1. Recognition of Deputy Fire Chief Terry Francis for a major life-saving event. Deputy Chief Francis then described the event which occurred while he was attending a basketball game. He commented that Firefighters are never “off duty.” 2. The project team for the Chamberlin/Burlington International Airport met for the first time yesterday and laid the groundwork for the first committee meeting. They are looking at a half-day community meeting before school is out. 3. The Airport will have the final plan for demolition of houses tomorrow. Demolition will begin on 15 April. 4. Met with Chief Whipple and representatives from the County of Georgia who are interested in police presence in schools. 5. Met with Commons Energy to help with the city-wide effort to reduce energy costs. Audits will continue. Some equipment will be replaced with more energy efficient equipment. Ms. Nowak noted that Mr. Shaw had requested a joint meeting with the Planning Commission since it has been a while since both groups have gotten together. The DRB might be invited as well. 2. Comments and Questions from the Public not related to Agenda items: No issues were raised. 3. Convene as South Burlington Liquor Control Board to hold a quarterly review of M & K Enterprises, LLC, dba Venue to review operational issues and determine if additional license conditions should be imposed: Ms. Emery moved that the Council convene as Liquor Control Board. Ms. Riehle seconded. Motion passed unanimously. Chief Whipple noted that he had submitted a request to the City Manager for a hearing due to specific concerns under Regulation #36 involving control of safety of patrons, staff and community. Chief Whipple then enumerated specific events dating back to October, 2014 which involved unruly patrons, a stabbing incident and subsequent crowd attack of an ambulance, a patron jumping a barrier onto the stage, patrons being assaulted in the club, intoxication in the club. In a number of these incidents, it was Police officers, not Venue employees, who had to restore order. Chief Whipple said there seems to be a “crescendo of events” which suggests that Venue is not “pre‐identifying” problems. He then made the following suggestions: 1. Professional training for Venue security staff specifically addressing how to identify pre-problem cues in order to prevent rather than respond to assaultive behavior. 2. Staff who serve liquor should attend a face-to-face training with Liquor Control staff to learn how to identify someone who should no longer be served alcohol. 3. Occupancy limits set by zoning regulation should be a mandatory condition of any license. 4. An active head count should be kept at all times and be made available to Police upon request. 5. All crime involving patrons should be reported to the police without delay. 6. Lighting at entry points should be adequate to validate identification and judge the condition of a possible patron. 7. When violence occurs during a performance, the performance should stop and lighting should be increased in order to guarantee safety of individuals in the club. 8. The Police Chief should be notified of all shows at least 7 days in advance. If there is a history of safety concerns, the Chief may mandate police coverage at the expense of the club. 9. Venue staff should wear something that will easily identify them. Ms. Emery asked what would be further steps. Chief Whipple said a violation would allow him to come back to the Board to ask for sanctions. Mr. Chittenden asked if there have been an increase number of patrons or just more violent people. Chief Whipple said he wasn’t sure but thought that sometimes it was the nature of the show. Ms. Emery asked about the maximum number of patrons. Chief Whipple said they have exceeded the number put on them by the DRB approval. He felt they had to adhere to the 230 occupancy level. Ms. Nowak stressed that the Board’s concern is with safety of patrons and responding police officers. She noted when the liquor license was issued, the Board was looking forward to a workable relationship. People have a right to assume that when they attend an event they will be safe. She suggested that members consider the issues and come back at the next meeting with recommendations. She also noted that Venue’s liquor license is up for renewal in April. Mr. Couture and Ms. Jones, owners of Venue, said they are also concerned with these events. They had met with Chief Whipple and have taken some steps on their own. They have asked for a training session for their employees. They also have a new chief security officer. He agreed that brighter colored shirts might be a good idea for their staff. Ms. Nowak asked why these incidents seem to be escalating. Mr. Couture said they have larger crowds. He noted that the Fire Code limit of patrons posted in the club is 607. Mr. Dorn stressed that it is the DRB limit of 230 that is in effect; otherwise, they are in violation of their zoning permit. Mr. Conner noted that the limit set by the DRB was based on existing parking spaces. Ms. Riehle asked when Venue is open. Mr. Couture said 5 or 6 times a month (not every weekend). Ms. Nowak again stressed that the city would like this to be a successful business, but that safety is the first concern for patrons and city personnel. There are issues that clearly need to be dealt with. She added that the Board will come back with a plan for what needs to be done. Ms. Riehle moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 6. Considermar05_15cd and possibly approve settlement agreement in City of South Burlington v. Alan M.E. Marcelino, City of Burlington, and Champlain Water District, Environmental Division, Superior Court, 36-3-12 Vtec. Possible executive session to discuss pending litigation where the premature disclosure of information would put the City of South Burlington at a substantial disadvantage: Ms. Emery moved that the City Council meet in executive session to discuss pending litigation where the premature disclosure of information would put the City of South Burlington at a substantial disadvantage, and that the City Manager, Deputy City Manager, City Attorney and Director of Planning & Zoning be included in the executive session. Mr. Chittenden seconded. Motion passed unanimously. Following the executive session, Ms. Riehle moved to approve the proposed Settlement Agreement in the civil lawsuit City of South Burlington vs. Alan M.E. Marcelino, City of Burlington, and Champlain Water District, docket number 36-3-12 Vtec. Mr. Shaw seconded. The motion passed unanimously. As there was no further business to come before the Council, Mr. Shaw moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The meeting was adjourned at 8:45 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. February 24, 2015 MEMO TO: South Burlington City Council FROM: Kevin Dorn, City Manager RE: Re: Annual Appoitments 1. Appointments to be made by majority vote of City Council Pursuant to City Charter, Chapter 13, Section 301 (2). The City Charter, Chapter 13, Section 301 (2) requires that certain appointments be made annually by the City Council. A list of those appointments and proposed appointees is listed below. All proposed appointees have agreed to serve for a one year term. Position Incumbent City Treasurer Tom Hubbard City Attorney James Barlow Zoning Administrator Ray Belair Asst. Zoning Administrator Cathyann LaRose First Constable Deputy Chief Paul Edwards Second Constable Sgt. Andrew Chaulk Grand Juror Kevin Dorn City Agent & Trustee of Public Funds Kevin Dorn 2. Other Appointments Position Incumbant Code Officer Ray Belair Telecommunications Officer Ray Belair Emergency Management Director Doug Brent Health Officer* Justin Rabidoux *To enforce the ordinance relating to the use of public and private sanitary sewerage and stormwater systems as an issuing municpal official     MEMORANDUM  To: Kevin Dorn, City Manager; City Council  From: Jim Barlow, City Attorney  Date: February 20, 2015  Re: Recreation Path Easement on Dorset Street  _____________________________________________________________________________________   On June 18, 2014, the South Burlington Development Review Board (DRB) granted preliminary  and final plat approval for Wedgewood Development Corporation’s planned unit development (PUD)  at  232 Autumn Hill Road.   The property is subject to a recreation path easement along Dorset Street.  This  easement is located outside of, and parallel to, the Dorset Street right‐of‐way.  It was conveyed to the  City in 2003 as a condition of approval of a project that was never completed.  The easement is no  longer required by the City because a recreation path has been constructed by the City within the Dorset  Street right‐of‐way.       The DRB, as a condition of the 2014 approval of the Wedgewood project, has required  Wedgewood to “record the appropriate legal documents, approved by the City Attorney, to dissolve the  existing recreation path easement along Dorset Street.”   Accomplishing this will require the City to  convey the easement to Wedgewood Development Corporation.   Under 24 V.S.A. §1061, the City  Council is required to give notice of this proposed conveyance by posting a notice in at least three public  places in the City, one of which must be in or near the City clerk’s office.  Notice must also be published  in The Other Paper at least thirty (30) days prior to the proposed conveyance.   If a petition signed by  five percent of the City voters objecting the conveyance is filed within 30 days of the posting and  publication, the question of conveying the real estate must be presented to the voters for their approval  at an annual or special City meeting.  If no petition is filed, the Council may authorize the conveyance.     24 V.S.A. §1061(a).       I recommend that the City Council approve a motion to convey the recreation path easement, in  the following form:  I move to authorize the City Manager to post and publish a Notice of Conveyance of Municipal  Real Estate for the City of South Burlington’s easement over a certain strip of land twenty feet  (20’) in uniform width along Dorset Street to Wedgewood Development Corporation and to  execute a Quitclaim Deed and Abandonment of Easement to Wedgewood Development  Corporation, provided that the thirty (30) day advanced notice period passes without the filing of  a petition under 24 V.S.A.  §1061(a).   A copy of the proposed Notice of Conveyance of Municipal Real Estate is attached.       CITY OF SOUTH BURLINGTON  NOTICE OF CONVEYANCE OF MUNICIPAL REAL ESTATE   NOTICE IS HEREBY GIVEN TO THE LEGAL VOTERS OF THE CITY OF SOUTH BURLINGTON, pursuant  to 24 V.S.A. § 1061, that the City of South Burlington proposes to convey any interest it has in and to a  certain strip of land twenty feet (20’) in uniform width located along the entire length of the westerly  boundary of Wedgewood Development Corporation’s property known and numbered as 1760 Dorset  Street, said strip of land running parallel with and adjacent to the easterly sideline of the Dorset Street  right of way, to Wedgewood Development Corporation.  Said easement was conveyed to the City of  South Burlington by Easement Deed of Jeffrey S. Goldberg and Elizabeth A. Goldberg, dated November  21, 2003 and recorded in Volume 650, Page 153 of the City of South Burlington Land Records.  Said  conveyance is for the purpose of abandoning an easement over said twenty foot (20’) strip of land.  Said  conveyance will have the following terms and conditions:     Sale Price: $0.00   Terms: Quitclaim Deed and Abandonment of Easement delivered at closing.   Closing: As soon as practicable after _______________, 2015.    The property will be conveyed on the terms specified unless a petition objecting to the conveyance,  signed by at least five percent (5%) of the legal voters of the City of South Burlington, is presented to the  City Clerk within thirty (30) days of the date of publication and posting of this notice.  If such a petition is  presented, the City of South Burlington shall cause the question of whether the City of South Burlington  should convey the real estate to Wedgewood Development Corporation on the terms set forth above to  be considered at a Special City Meeting called for that purpose, or at the next Annual City Meeting.  THIS IS NOT A SOLICITATION FOR BIDS, NOR AN OFFER TO SELL THIS REAL ESTATE TO ANY PERSON ON  ANY PARTICULAR TERMS OR CONDITIONS.     Dated at South Burlington, Vermont, this _____ day of _______________, 2015.          CITY OF SOUTH BURLINGTON          By: __________________________________________        Kevin Dorn, City Manager    M e m o r a n d u m To: The Honorable South Burlington City Council From: Trevor S. Whipple, Chief of Police Date: February 27, 2015 Re: Concern regarding Venue Since the Venue night club has opened (late fall of 2013) officers of the South Burlington Police Department have had reoccurring concerns about violations of Vermont Liquor laws and South Burlington City ordinances. Over the past two months these concerns have grown. After my review of police calls to Venue and those involving patrons of Venue I have significant concerns about the safety of patrons, police officers and fire fighters due to the nature and number of violations. Recent incidents include: 1) October 17, 2014 – Individuals who were patrons of Venue left the business and were involved in an altercation in the parking lot. One individual was stabbed and required medical care. EMTs who responded were accosted by a raucous crowd, many who had come from Venue. They were in fear of their safety and our officers had to broadcast a countywide request for police mutual aid. Officer Monroe was struck by one of the unruly crowd. [Vermont Department of Liquor Control levied fines for various violations of liquor laws resulting from this incident.] 2) October 24, 2014 – Officers were called to Venue to assist with an unruly female patron. Officers found the woman was highly intoxicated, unable to stand on her own, and had to be taken to the hospital. A male was also found to be intoxicated and was taken to the detox program. 3) December 14, 2014 – A patron reported that her 22 year old female left Venue with one of the performers. Friends were concerned because the woman was intoxicated. Officers located the woman at a hotel. She was intoxicated but assured officers that she was safe. 2 4) January 18, 2015 – An owner of Venue called to report an male left the club who perhaps shouldn’t have been driving due to his consumption of alcohol. Despite efforts of staff the man insisted on driving and they were unable to stop him. Police were called 20 minutes after the man left. 5) January 30, 2015 – Report of a patron trying to climb on to the stage during a performance. Officers had to arrest the unruly man. During the arrest the crowd began to circle officers. Officers were in fear for their safety and reported that it was their belief that Venue staff did not take an active part in trying to deescalate the situation. After this altercation officers called in back up from neighboring police agencies and monitored the club. Two individuals were identified as being incapacitated as they left the club. Police had to take them in to custody and deliver them to the detox center for their safety. It was reported by Venue staff that there were 400 tickets sold for the event and that they had 8 security staff on duty. 6) February 5, 2015 – Police were called by a patron who stated she was assaulted while at Venue. Officers were unable to locate the caller. Venue security staff said they witnessed hair pulling and one female strike another. They told the parties to leave the club. Police were not called by Venue staff rather by a patron. 7) February 6, 2015 – A woman who was in attendance at a Chippendales show at Venue notified police that she witnessed obscene behavior at Venue. She stated that male performers exposed their genitles to the audience, groped female audience members and rubbed female’s genitals. She said that she was upset by their actions and asked for a refund and left. 8) February 6, 2015 – Officers witnessed a male dancer grab a woman by the groin so forcefully that she spilled her drink. One woman was seen placing her hands down the front of a dancers pants. Dancers were seen performing simulated sex acts with patrons. At no time were any members of the Venue staff seen addressing this behavior. 9) February 15, 2015 – Officers witnessed a fight between two women inside Venue. Venue staff were taking no action. Officers broke up the fight. 10) February 15, 2015 – While at Venue officers identified an intoxicated female. She was released to a friend. 11) February 15, 2015 – Patrons reporting a fight between two individuals inside Venue. Parties left before police could investigate. 12) February 15, 2015 – Officers identified a highly intoxicated female inside Venue. Police assisted her until a sober friend was located to take her home. 3 Venue has a high volume of calls and problems that consume a great deal of police resources. On two separate occasions police officers were assaulted while engaging with unruly Venue patrons. One of those events led to the minor injury of two officers. The situations above demonstrate continual and repeated violations of Vermont liquor laws and city ordinances. Despite Venue owners being put on notice, the day before they opened, that zoning regulations limited them to 230 patrons they themselves have reported to have up to 600 patrons in the building. Recommendations: 1) Security staff should undergo professional training and not rely on past experience. That training should specifically address how to identify pre problem cues and prevent, rather than, just respond to assaultive behavior. Training should also include how to identify individuals who may be trying to bring weapons in to the property. 2) Staff who serve liquor should attend a face to face training with Liquor Control staff so that they might better learn how to identify someone who should no longer be served alcohol. 3) Occupancy limits set by zoning regulation should be a mandatory condition of any license. 4) A active head count should be kept at all times and be made available to police upon request. 5) All crimes that take place in and involving patrons of Venue shall be reported to police without delay. 6) Lighting at entry point(s) shall be adequate to properly validate identification and judge the condition of a possible patron. 7) When instances of violence take place during a show the performance shall stop and lighting shall be increased to a level where the safety of individuals of the club can be monitored by staff. 8) The police chief, or his designee, should be notified of all shows being held at Venue at least 7 days in advance. If there is concern for patron or officer safety based upon the history of the performance the chief may mandate police coverage at the expense of the club. 4