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HomeMy WebLinkAboutMinutes - City Council - 01/28/2019 SPECIAL CITY COUNCIL 28 JANUARY 2019 The South Burlington City Council held a special meeting on Monday, 28 January 2019, at 6:30 p.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present: M. Emery, Acting Chair; T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A Bolduc, City Attorney; 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Consider entering Executive Session to receive legal advice on matters relating to collective bargaining and contracts: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of labor relations agreements with employees, collective bargaining; and, confidential attorney-client communications made for the purpose of providing professional legal services to the Council would clearly place the Council and the city at a substantial disadvantage. Mr. Chittenden seconded. Motion passed 4-0. Mr. Barritt then moved that having so found, the Council enter into executive session for the purpose of discussing the matters identified in the previous motion and to include Messrs. Dorn, Hubbard, and Bolduc in the executive session. Mr. Chittenden seconded. Motion passed 4-0. The Council entered executive session at 6:36 p.m. and resumed open session at 7:05 p.m. 3. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Emery asked to include in Other Business a follow-up to the request to increase the legal age for buying tobacco. 4. Convene Public Hearing to receive comments related to proposed charter amendments to be presented to South Burlington voters for consideration during the City Annual meeting scheduled for Tuesday, 5 March 2019: Mr. Kaufman moved to open the public hearing. Mr. Barritt seconded. Motion passed 3-1 with Mr. Chittenden opposing. Mr. Chittenden indicated his opposition to portions of the Charter amendments as the reason for his negative vote. Ms. Emery reviewed the history of the amendments, noting that there are currently 3 projects that could be funded by the additional local options taxes: an indoor recreation center, an arts center, and a pedestrian bridge over Route 89. She also noted that the School Board will also be looking to address needs that would be funded by the property tax. In an effort not to overburden taxpayers, and because the proposed projects would benefit the community and areas outside the community, the Council has considered the added local option taxes. Ms. Emery noted that the charter change came from the City Charter Committee. The city has also come forward with a tax on short-term car rentals. One-half percent is thought to be a reasonable rate. The money from this tax would be used for highway infrastructure. Ms. Emery noted that if the voters pass these amendments, the Legislature will have to give its approval, and there is no guarantee that it would be passed or passed in this session. Mr. Kaufman stressed that the ballot item is just to get a feeling about public opinion. There is a long way to go before anything happens. Mr. Kaufman also noted that the Legislature is very reluctant to give up its taxing power to local communities. Mr. Chittenden asked if the City Charter Committee proposed the language. Mr. Dorn said staff did, but the Committee made significant changes. In addition, the Economic Development Committee endorsed all but the local option taxes. Mr. Chittenden said the idea of an arts center is so new it wasn’t included in Vince Bolduc’s survey. Mr. Chittenden felt the right place for such a center is Memorial Auditorium in Burlington. Mr. Kaufman stressed that the projects are not a package. Each one would be voted on by the public individually. He personally felt the arts center should proceed as the skating arenas did with private financing and the facility then given to the city. Mr. Barritt reviewed what the city budget covers and how the CIP works to address major needs such as fire trucks. In addition, there are worthy projects such as those being proposed for which there are no designated funding sources, and the question is how to pay for them. A local option tax is a way to do this. Mr. Barritt also noted that the city would not get the full amount of the tax as the state claims 30% of it. He also noted that the City of Burlington already has the extra 1% on rooms and meals. Mr. Barritt was concerned that the turnout for March elections is smaller than elections held in November, and there might not be a fair representation of public opinion. He also stressed that each project would have to be approved by the voters and would have its own price tag. Mr. Chittenden said he supports the added rooms/meals tax but not the added sales tax. Ms. Emery said that initially she opposed the local option tax, but then the Council heard from legislators that other communities are doing this. She also felt that the case was made for the 3 proposed projects and how they would benefit not only the city but the whole region. There is no indoor recreation space in South Burlington. The Flynn Center has been an economic boon to Burlington. The pedestrian bridge will help people traveling by bicycle. In the long run, these projects will lead to economic development and improve the quality of life. Mr. Chittenden asked whether a project that arose unexpectedly could be covered under these proposals. Mr. Bolduc said that would be a Council decision. A member of the audience said she would be more in support of the taxes if they drove tourism. South Burlington will be hurt by Higher Ground leaving. She also felt an arena would benefit South Burlington. Mr. Kaufman noted the skating rinks bring a lot of business to the city, and an arts center would do that as well. There was no further public comment. Mr. Kaufman moved to close the public hearing. Mr. Barritt seconded. Motion passed 4-0. 5. Comments and Questions from the public not related to the agenda: No issues were raised. 6. Consent Agenda: A. Approve and Sign Disbursement Mr. Chittenden moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Motion passed 4-0. Other Business: a. Items Held from Consent Agenda b. Other No items were held from the consent agenda. Ms. Emery noted that Alex McHenry had asked the city to put to the voters a non-binding referendum to encourage the Legislature to increase the age for purchasing tobacco products. The Council did vote in September to approve doing this. Mr. Dorn asked the City Attorney if there is time to get this on the ballot. Mr. Bolduc said there is not. Ms. Emery said the Council could advocate for this at the Legislative Breakfast. Mr. Chittenden suggested sending a letter to the city’s legislators. Mr. Dorn said he would try to work something up. Both Mr. Chittenden and Mr. Barritt thanked the Public Works Department for their efforts to fill in potholes. Mr. Kaufman noted the recent weather has been wreaking havoc on the roads, and the city will have to figure out how to manage this. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed 4-0. The meeting was adjourned at 8:01 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. WARNING CITY OF SOUTH BURLINGTON ANNUAL CITY MEETING MARCH 5, 2019 The legal voters of the City of South Burlington are hereby notified and warned to meet at their respective polling places at the Chamberlin School on White Street, the Frederick H. Tuttle Middle School on Dorset Street and the Orchard School on Baldwin Avenue on Tuesday, March 5, 2019 at 7 o’clock in the forenoon, at which time the polls will open until 7 o’clock in the evening, at which time the polls will close, to vote by Australian Ballot on the following Articles: ARTICLE I ELECTION OF CITY OFFICERS AND CITY COUNCILORS To elect all City Officers and City Councilors required by law. ARTICLE II APPROVAL OF CITY BUDGET Shall the City adopt the City Council’s proposed budget for FY 2020 totaling sixty million, six thousand, seven hundred and sixty six dollars ($60,006,766), of which it is estimated sixteen million, one hundred twenty six thousand, three hundred and thirty dollars ($16,126,330) will be raised by local property taxes? ARTICLE III CITY CHARTER AMENDMENT 1 Shall the voters amend the City of South Burlington Charter to add Section 13-1507 as follows: § 13-1507. Limited purpose sales, rooms, meals, and alcoholic beverages tax (a) Only after voter approval for financing of one or more specific capital projects within the City: The City Council may assess an up to one percent tax, in addition to the rates authorized under the local option tax in section 13-1506 of this chapter, on those transactions in the City subject to sales, rooms, meals, and alcoholic beverages which are subject to taxation by the state of Vermont. The authority of the City Council to impose said tax was approved by the voters on March 5, 2019. Imposition of this tax shall be in accordance with the requirements of sections 138(c) and (d) of Title 24. (b) All tax revenue from this additional source received by the City shall be used to: (1) Service and retire any debt incurred for financing specific capital projects approved by the voters by July 1, 2029. (2) Fund a capital reserve fund for voter-approved City projects under (c)(1) of this section, in an amount not to exceed ten percent of the total voter-approved debt incurred for the specific capital project. (c) The authority of the City Council to assess this tax shall cease after all outstanding debt and capital reserve funding identified in subsection (b) has been retired and fully funded. (d) For purposes of this section, “voter-approved capital project” shall mean voter-approved debt for the construction or improvement of municipal facilities and infrastructure that are intended to encourage economic growth and quality of life in the City and region, such as, an indoor recreation facility, performing arts center, bicycle and pedestrian infrastructure, or a mixed-use arena facility. ARTICLE IV CITY CHARTER AMENDMENT 2 Shall the voters amend the City of South Burlington Charter to add Section 13-1508 as follows: §13-1508. Short term car rental highway infrastructure and emergency services tax (a) The City Council may impose a half-of-one percent (0.5%) tax on those transactions in the city involving short term car rentals. The authority of the City Council to impose said tax was approved by the voters on March 5, 2019. The tax imposed under this section shall be collected and administered by the City of South Burlington. (b) The City Council shall impose and administer the tax authorized by this section by adopting an ordinance in the manner provided by sections 106-109 of this chapter. (c) For purposes of this section, “short term car rental” shall mean any rental of a pleasure car for a period of less than six months. It shall not mean, rental of motor trucks, motor buses, motorized highway building equipment, road making appliances, school buses, tractors, motor-driven cycles, electric personal assistive mobility devices, agricultural service vehicles, and category I and II special purpose vehicles, as these terms are defined under section 4 of Title 23. In addition, it shall not include membership-based community carsharing services. The term “pleasure car” shall be defined as under section 4 of Title 23. (d) Highway infrastructure and emergency services tax revenue received shall be used to fund city highway maintenance and emergency services expenses in order to reduce the municipal property tax collected on the city grand list and shall not be used to increase total City revenues. The legal voters of the City of South Burlington are further notified that a public hearing on the proposed City and School District budgets will be conducted on March 4, 2019 at 7 P.M. at the Frederick H. Tuttle Middle School Cafeteria, 500 Dorset Street, South Burlington, Vermont. POLLING PLACES FOR VOTING ON THESE ARTICLES ARE THE CHAMBERLIN SCHOOL ON WHITE STREET, THE FREDERICK H. TUTTLE MIDDLE SCHOOL ON DORSET STREET AND THE ORCHARD SCHOOL ON BALDWIN AVENUE. VOTERS ARE TO GO TO THE POLLING PLACE IN THEIR RESPECTIVE DISTRICT. [SIGNATURE PAGE TO FOLLOW] Dated at South Burlington, Vermont, this ________ day of January, 2019. ______________________ ______________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ______________________ _______________________ Tim Barritt, Clerk Thomas Chittenden _______________________ David Kaufman Received and recorded this ___ day of January, 2019. __________________________________________ Donna Kinville, City Clerk