Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Minutes - City Council - 05/06/2019
CITY COUNCIL 6 MAY 2019 The South Burlington City Council held a regular meeting on Monday, 6 May 2019, at 6:30 p.m. in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: P. Conner, Director of Planning & Zoning; A. Lafferty, City Deputy City Attorney; J. Rabidoux, Public Works Director; K. & M. Donahue, B. Sirvis, D. Kerwin, D. Marshall, P. Stabler, S. Reeves, R. Greco, J. Decker, J. Mesuga, J. Bluto-Stesani, C. Simpson 1. Instructions on exiting building in case of emergency: Mr. Conner provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Riehle suggested moving agenda item #10 to follow #8. Members agreed. Ms. Emery asked to have a debriefing of the Steering Committee meeting under Other Business. 3. Comments and Questions from the public not related to the agenda: Mr. & Ms. Donahue explained that when she bought her condo after the 1st of April, the tax bill was sent to the prior owner who never forwarded it, or the subsequent delinquent notices, to her. She has since been charged over $700 in penalties. Mr. Barritt said this is an issue for the Board of Abatement. Mr. Chittenden suggested reinstating the “welcome package” for new homeowners which does remind them of their responsibility to pay property taxes. Ms. Riehle suggested adding this issue to a future agenda. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Conner: All the lights on Dorset Street have been swapped out for LEDs. After a 3-year payback, this will save the city $7000 a year. Replacement lights have been ordered for JC Park as well. Updated maps related to the F-35s are due on 29 May. There will be a meeting with South Burlington leadership the day before. The “asphalt hot box” on the consent agenda promises better patching of potholes during the winter when you can’t get hot asphalt. There was a great turnout for Green Up Day. Kudos to those who helped. Next year will be the 50th anniversary of Green Up Day. The next Council meeting will be on 20 May preceded by a dinner at Wheeler House at 5 p.m. 5. Reports from Councilors’ Committee assignments: Ms. Emery: The Open Space Committee is still testing criteria to evaluate open parcels in the city. They hope to share information with the community in June. Mr. Chittenden: Green Mountain Transit’s College Street Shuttle and South Burlington Circulator are now one line. College Street used to be free, so if people get on in Burlington, it would be free, but if people got on in South Burlington, there would be a fee. The Council can discuss a special assessment in order to make it all free. The fare is $1.50 now. Mr. Barritt: The Pension Committee: The first quarter of 2019 was a “bounce‐back” from the last quarter of 2018. No changes have been made to the mix. There is consideration of a possible increase to the percentage of property investment trust. 6. Consent Agenda: A. Approve and Sign Disbursement B. Approve Minutes for 1, 15 and 22 April 2019 C. Authorize the City Manager to execute and submit to the City Clerk for recording the replacement irrevocable Offer of Dedication related to Garden Street Ms. Emery moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Motion passed unanimously. 7. CSWD proposed budget review: Ms. Reeves noted there are 18 member towns who are governed by a volunteer Board. The district employees 50 people, full and part time, and maintains 5 sites. Estimated income in the proposed budget is $12,628,855. And expenses are estimated at $11,450,520. There are also capital expenses of $665,458. No increase to per capital fees is anticipated. With regard to composting, Ms. Reeves explained that they are moving away from a retail to a wholesale model for more efficiency. They will be focusing on Vermont, specifically Chittenden County. People will find product in local garden centers. Mr. Barritt cited the importance of educating the public about wasting uneaten food.” Ms. Reeves noted there are programs for this. There are new facilities being built in the country to handle paper. CSWD will need to have the quality these facilities want. They are looking at options for a new facility to be on line when the new mills are available. They are looking at a modest drop-off fee at the centers and also a charge for people who just bring recyclables. Ms. Riehle asked about the closing of the “re‐use zones” and the fact that people are noticing more trash. Ms. Reeves said their feeling was that the “re‐use zones” were a duplication of efforts (e.g., Good Will and other non‐profits). Also, much of what was there was trash. Mr. Barritt asked the status of the expansion of the landfill in Coventry. Ms. Reeves said there was a hearing for public comment. She did not anticipate the expansion permit would be denied. It will provide another 10 years of trash dumping. Mr. Kaufman asked where Vermont stands nationally regarding recycling. Ms. Reeves said Vermont is in the “groundbreaking” category, especially because of the organics. No one else I the country will have a ban on food scraps. The bottle bill also helps Vermont. 8. Possible Appointment of South Burlington Resident to the CSWD Board: Mr. Stabler said he loves serving in this position and is very committed to it. He suggested the possibility of an alternate in the rare instance that he can’t make a meeting. Ms. Riehle suggested a more regular article in The Other Paper regarding specifics of what will and will not be happening. Mr. Chittenden moved to reappoint Paul Stabler to the SCWD Board. Mr. Kaufman seconded. Motion passed unanimously. 9. Continue Public Hearing on Interim Zoning Application #IZ-19-01 of Donald & Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into 4 lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously. Mr. Marshall briefly reviewed the project. He said it had been his feeling at the first presentation that the Council was comfortable with the project. The only outstanding item was whether the project would meet the PUD project goals. The applicant then met with the Planning Commission on 9 April. One thing that came out of that meeting was that the new PUD regulations will apply only to parcels of 4 acres of more. They were also told they might wait in case there was a higher density applied to this property. Mr. Marshall said the applicant is not interested in higher density. Mr. Conner briefly reviewed legal issues with regard to TDRs. He noted that the DRB has told applicants they can use TDRs at their own risk. He also noted that the Planning Commission did not vote or make a decision on this application. Mr. Kaufman said the Council could close this now or the applicant could go back to the Planning Commission for a formal decision. Mr. Barritt moved to close the public hearing. Mr. Chittenden seconded. Ms. Emery was concerned that there was no map available at this meeting so she could put her thoughts on the public record. Mr. Barritt felt it was unfair to the applicant to have to wade through the ambiguity of the Planning Commission. After a brief discussion, Mr. Barritt withdrew his previous motion and moved to continue IZ-19-01 until 20 May 2019, 7:30 p.m. Mr. Chittenden seconded. Motion passed unanimously. 10. Update on Market Street and Community Center Construction Projects: Regarding stormwater, Mr. Rabidoux noted that last Friday design/technical people met to consider stormwater demands on city and school properties. Mr. Rabidoux said he believes there is a solution to solve both problems. This will be presented to the School district as a “let’s just dig once” concept. The building project is out to bid. There will be a maximum price set for the building. If the stormwater issue is rebid, it can be entered into the project. If the stormwater issue is resolved, work can begin this year. Regarding the Public Art component, Mr. Rabidoux advised there are 4 proposals, 1 for the exterior, 3 for the interior. Public comment is being solicited at the Library, and there will be a presentation by the artists. More than one may be selected. The building project has been presented by seniors and to folks at Allard Square. Ms. Riehle said it would be helpful to have a stormwater engineer at the Steering Committee meeting on Wednesday evening. Mr. Kaufman asked if the $300,000 solution is the one that does everything underground. Mr. Rabidoux said it is. Mr. Kaufman then asked if the city undergrounds its portion, and then the school does its part, is the $300,000 saved? Mr. Rabidoux said part of it is saved. But the school portion would then have to be done later. Mr. Kaufman felt the proposed option is the sensible solution. Ms. Riehle noted that if the school wants to maximize the value of its land, having all the stormwater mitigated for that property should increase the property’s value. Mr. Chittenden said he thought the school district saw more value in play space for students. Ms. Riehle said the school people have asked who would be responsible for the stormwater maintenance if there is a new owner. Mr. Rabidoux said the city would do all the work to keep in compliance, regardless of who owns the property. Regarding Market Street, Mr. Rabidoux said there are 7 months remaining on the project. They are now working at the eastern end. Traffic will be impeded through November. It is not possible to do night work. There will soon be only 1 lane traffic. At the Dorset Street end, work will continue through mid-October. There may be 3 or 4 crews working concurrently. Mr. Rabidoux noted there are also a number of adjacent construction projects going on at the same time. He acknowledged there may be complaints, but it is unavoidable. Ms. Riehle noted that at a meeting with Mr. Dorn and Superintendent Young, it was made clear that the school district needed to come up with alternate access to the school. Superintendent Young said he would “get on it.” Mr. Dorn suggested an alternate road which the city might build. This should have been part of the school district’s thinking. Mr. Chittenden noted this is infrastructure that will benefit the city for 50 years. Mr. Rabidoux stressed that they will get out of the way of the school as soon as possible. They do provide a flyer to the school every Friday and also publish work schedule information on the Public Works twitter account, highlighting any area of inconvenience. Mr. Barritt said people on Iby St. have expressed concern with machines starting up at 6:30 a.m. Mr. Rabidoux said he has been on the contractors about that. 11. Ordinance Codification Project: First Reading of Parking Ordinance and Motor Vehicle and Traffic Ordinance: Ms. Lafferty noted that the Council had seen an earlier draft, and the new draft includes responses to the issues raised. Members expressed concern with the 72-hour maximum on parking in a given spot. They agreed to remove that condition. Mr. Chittenden recommended taking the penalties out of the ordinance, as has been done with prior ordinances, so they are easier to amend. Members agreed to this as well. There is a new section of the Ordinance of “vulnerable users.” Members stressed the importance of bicyclists obeying the rules of the road in order to be safe. Ms. Emery moved to hold the second reading of the Ordinance on 3 June 2019, 7:30 p.m. Mr. Barritt seconded. Motion passed unanimously. 12. Council consideration and possible action on a resolution “strongly opposing the basing of any nuclear weapon delivery system in South Burlington: Ms. Emery reviewed the history and cited the new nuclear buildup which has evoking the concern that a plane based in South Burlington could be engaged in that nuclear arsenal. Ms. Emery was concerned that at some future date, without notification to South Burlington, the F35s could become involved in a nuclear strategy. This issue is being raised at the State Legislature, but Ms. Emery said it is also important for South Burlington to speak up. Mr. Chittenden said he cares deeply about the safety of the public. He noted that the F-16 was equally capable of carrying nuclear weapons but never did. He said he made a call and spoke to someone at the National Guard who told him the planes coming to Vermont are not nuclear capable. Ms. Riehle said that what you are told today can change, and the F35s could become nuclear capable. She said she was comfortable saying the city doesn’t want the F35s based here to ever be nuclear equipped. She noted that this area is very important to national security, and the current administration says nuclear weaponry is important, so why wouldn’t the planes be nuclear equipped. Mr. Kaufman said he supports the Guard but believes nuclear weaponry belongs on a military base not at a National Guard facility. He said he would support a resolution that says the F35s in Vermont would never be nuclear capable. Mr. Barritt said a resolution won’t affect what the Air Force does. The city will never know whether the planes that are based here are nuclear capable. He felt this is wrong at which is essentially a commercial airport. He said he would support a change in the wording from "nuclear delivery system" to "nuclear ordnance". Ms. Greco reviewed her military service as a specialist in nuclear targeting and war planning. She said that ignoring this threat is dangerous. She felt the country is as close to nuclear war as it has been in 30 years. There is talk of a “limited nuclear war.” The country’s leader talks about wanting to use nuclear weapons. The F-35 is now part of the nuclear arsenal. This is stated in the Nuclear Posture Review. It is not hypothetical. Ms. Greco noted that right now no F35s are nuclear capable. Testing is going on, and that capability should be there by 2022. At that time, all F35s will be equipped/upgraded to Block 4, which is “nuclear capable.” Ms. Greco stressed that it is the delivery system that would be a target in a war, not the nuclear bombs themselves. It doesn’t matter if the planes are nuclear capable, all the F35 bases will become targets whether they have bombs or not. She also noted that this threat was found out by accident. The city was never told of the nuclear capability. Ms. Decker urged the Council not to water down the Resolution. She said she loves the National Guard, but they should be here to protect the State, not to carry nuclear weapons. She stressed the need to have a voice. Ms. Mesuga, a Burlington resident, said she read the pages of heavily redacted documents that were made public. VTANG asked where the nuclear weapons would be stored. The only defense of the planes that would be a target is a chain link fence. She felt the city has a “target on its back.” Ms. Bluto-Stesani said she grew up with the threat when Plattsburgh was a target and had nightmares for years. She felt there will be a limited number of bases for F35s, and they will all be targets. Mr. Simpson of Burlington, noted that 56% of Burlington voters voted against the F35s. He also noted that the US spends $40,000,000,000 more on defense than the next 7 countries combined. He also said that $1.00 spent on education, housing, etc., creates more jobs than $1.00 spent on the military. Members agreed to reconsider the resolution after some potential editing. 13. Other Business: Due to the late hour, members agreed to postpone any further business. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at p.m. ________________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 05/07/19 Date Check No. Paid To Memo Amount Paid 5/7/2019 3553 All Seasons Excavating 14,846.35 Date Voucher Number Reference Voucher Total Amount Paid 4/15/2019 VI-14808 30033 14,846.35 14,846.35 5/7/2019 3554 Continental Utility Solutions, Inc. 12,240.00 Date Voucher Number Reference Voucher Total Amount Paid 10/31/2018 VI-14799 U23632 12,240.00 12,240.00 5/7/2019 3555 E.J. Prescott, Inc. 2,366.64 Date Voucher Number Reference Voucher Total Amount Paid 4/11/2019 VI-14803 5520352 224.28 224.28 3/18/2019 VI-14804 5510720 583.69 583.69 4/17/2019 VI-14812 5523239 1,558.67 1,558.67 5/7/2019 3556 Endyne, Inc. 44.00 Date Voucher Number Reference Voucher Total Amount Paid 4/16/2019 VI-14801 294839 44.00 44.00 5/7/2019 3557 Engineers Construction Inc. 15,194.66 Date Voucher Number Reference Voucher Total Amount Paid 3/31/2019 VI-14798 295 6,257.14 6,257.14 4/18/2019 VI-14809 350 8,937.52 8,937.52 5/7/2019 3558 FirstLight Fiber 20.39 Date Voucher Number Reference Voucher Total Amount Paid 4/15/2019 VI-14800 5161694 20.39 20.39 5/7/2019 3559 Office Essentials 58.40 Date Voucher Number Reference Voucher Total Amount Paid 4/15/2019 VI-14802 36030 58.40 58.40 5/7/2019 3560 Ti-Sales Inc. 21,462.37 Date Voucher Number Reference Voucher Total Amount Paid 4/10/2019 VI-14805 INV0103393 6,890.92 6,890.92 4/10/2019 VI-14806 INV0103391 967.10 967.10 3/4/2019 VI-14810 INV0102059 104.35 104.35 4/23/2019 VI-14811 INV0103935 13,500.00 13,500.00 5/7/2019 3561 W.B. Mason Co., Inc. 157.67 Date Voucher Number Reference Voucher Total Amount Paid 4/24/2019 VI-14807 I65699678 157.67 157.67 Printed: May 01, 2019 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 05/07/19 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 66,390.48 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: May 01, 2019 Page 2 of 2 CITY COUNCIL 1 APRIL 2019 The South Burlington City Council held a regular meeting on Monday, 1 April 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; Chief S. Burke, Police Department; P. Conner, Director of Planning & Zoning; A. Parker, J. Binhammer, M. Cypes, L. Leavens, R. Greco, D. Leban, B. Davis, C. Frank, B. Dale 1. Instructions on exiting building in case of emergency: Mr. Hubbard provided instructions on emergency evacuation of the building. 2. Consider entering Executive Session to discuss matters related to the purchase or conservation of land: Mr. Barritt moved that the Council enter into executive sessions for the purpose of discussing the negotiation or securing of rea estate options, the first Executive Session regarding conservation lands to include Messrs. Hubbard, Bolduc, Conner, and Binhammer, and the second Executive Session to include Messrs. Hubbard and Bolduc and Ms. Blanchard. Mr. Chittenden seconded. Motion passed unanimously. The Council entered executive session at 6:37 p.m. and resumed open session at 7:29 p.m. 3. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Riehle asked to add two items to Other Business: a potential amendment regarding land purchase and a discussion regarding a request for a Steering Committee meeting regarding the development of the Community Center. 4. Comments and Questions from the public not related to the agenda: Ms. Greco spoke to the issue of littering, specifically cigarette butts, and suggested a reminder to the public about this. Ms. Riehle suggested this might be in conjunction with Green Up Day. Ms. Greco also noted that Nowland Farm Road has become a “speedway” and suggested some Police patrols in the area to insure the safety of people on the rec path. Mr. Cypes of the Homeowners Board at Dorset Farms reminded the Council of an Act 250 requirement that $20,000 be set aside for traffic calming on Midland Avenue. The Act 250 decision required a meeting with homeowners to insure that this happens. Mr. Cypes said this is a safety issue and residents want to have that work done. Mr. Conner said he was familiar with the $20,000 for this purpose and will follow up with Public Works. Mr. Barritt suggested it would be a good idea to get the work done while S.D Ireland is doing some street work in that area. Mr. Barrows, also a resident of the area, said a “STOP” sign is also needed and CITY COUNCIL 1 APRIL 2019 PAGE 2 suggested traffic islands as well. Mr. Kaufman said that traffic islands need to look “respectable,” not like the one at Pheasant Way. Mr. Leavens spoke to the issue of avigation easements and noted that if people accept funds for noise abatement they can never again ask for compensation. He was particularly concerned with any funds that Chamberlin School would accept and said he didn’t want them to accept $60,000 and then lose a multi-million-dollar school. Ms. Riehle acknowledged that the avigation easement issue is very frustrating. 5. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. During her report, Ms. Emery read a letter which she has sent to the School Board addressing issues raised in a letter from a School Board member. Ms. Emery’s letter addressed factual errors in the School Board member’s letter with respect to the Community Library move and the siting of a stormwater treatment facility in connection with the new Community building in City Center. Ms. Emery cited the need for better communication between the Council and the School Board and suggested a Steering Committee meeting to air out issues. Mr. Hubbard noted that the City Manager is away this week. 6. City Councilor Committee Assignment Reports: Ms. Emery reported that the Interim Zoning Open Space Committee looked at a matrix to evaluate parcels for conservation. 7. Consent Agenda: A. Approve and Sign Disbursement B. Approve Minutes for 4 and 19 February and 4, 7, and 18 March C. Approve South Burlington Skating Association lease extension D. Continue public hearing on the Interim Zoning application #IZ-19-01 of Donald and Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into four lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road until a date no sooner than 23 April E. Accept Stormwater Easement on the Village at Dorset Park Stormwater System F. Approve a Resolution clarifying the City’s position with respect to limitations on municipal and school use of net-metering credits CITY COUNCIL 1 APRIL 2019 PAGE 3 Mr. Hubbard noted that item “D” will be on the 15 April agenda. It was also noted that in the Minutes of 4 March, it was Mr. McHenry who spoke to the issue of smoking, not Mr. Lalonde. Ms. Emery moved to approve the Consent Agenda with the above-noted correction. Mr. Chittenden seconded. Motion passed unanimously. 8. Council review and discussion of crime and arrest statistics and trends: Chief Burke distributed written information. Ms. Riehle noted that the Chief has started providing weekly reports to the Council regarding criminal activity in the community. The Chief directed attention to a synopsis of 2 years of data. In that time, there were 29,000 incidents of which 1,360 involved criminal arrests. Most activity occurred between 8 a.m. and 6 p.m. on weekdays, and 5% of total responses was for incidents at University Mall (that figure is now up to 6%). The top calls for service involve traffic stops (more than 6,000), “agency assist” (e.g., Fire Department), alarm responses/suspicious events, and public assist. The Chief stressed that there is not a lot of crime in the city, and much of their work involves service. Mr. Chittenden asked whether rooms/meals require enough police service to merit an increase in the rooms/meals tax similar to Burlington’s. Chief Burke said that would be interesting to look at, but he noted South Burlington does not have the number of alcohol-based incidents that Burlington has. The #1 arrest offense is for retail theft followed in order by driving with a suspended license, DUI, violation of conditions of release, and trespass. The Chief cited the great job being done by officers in connection with family issues and domestic violence. Ms. Emery asked whether the Council should consider a community discussion regarding domestic violence. The Chief said they should and noted that by the time the police get involved, it is often too late. He suggested looking at what other communities have done. The Chief also noted that the public can request information on-line. CITY COUNCIL 1 APRIL 2019 PAGE 4 9. Council review and discussion related to the proposed formation of a multi- community conservation district and review of possible accord to form the district: Ms. Parker noted the communities involved in addition to South Burlington are Williston, Shelburne, Hinesburg, St. George, and Charlotte. She then reviewed the history of the project and directed attention to the “accord” language. The goals of this partnership include prioritizing regionally significant parcels for conservation/protection, identifying “best practices” for stewardship of conserved land, maintaining connectivity and integrity of forest blocks, improving water quality of Lake Champlain, and developing a public engagement strategy. Council members spoke favorably regarding regionalization and the project goals. Ms. Riehle asked if “view corridors” have been considered. Ms. Parker said this has not yet come up. Ms. Greco asked how individuals can get involved. Ms. Parker said people can contact her. Ms. Leban asked the status of the conservation easement for the Wheeler property. Ms. Riehle said she would check on that. Mr. Hubbard stressed that the focus of this project is where communities have mutual interests across boundaries. 10. Presentation to the Council on matters related to the use of electric scooters in South Burlington and provide guidance to staff on the potential for a one-year pilot program to test electric scooter use in South Burlington: Mr. Dale provided a Bike Share overview and noted the movement to convert to all-electric pedal assist bikes. He showed the design of the new “Gotcha e-bike” which provides users with an alternate means of transportation, especially in hilly areas. Mr. Dale then showed a model for new scooters. They are proposing a summer program to implement them into the bike system. There would be an easy sign-up process and several payment options. Riders must be age 18 and older and instructions require helmet use. They will try to have a “bank” of helmets. The maximum speed of the scooters is 15 mph (bikes are 20 mph). There can also be “no-ride” zones protected by “geo-fencing.” CITY COUNCIL 1 APRIL 2019 PAGE 5 Mr. Dale noted that the scooters would be brought in every night, recharged, and placed back out by 7 a.m. Scooters would be available only during warm weather months while the e-bikes are available all year. Mr. Davis of CCRPC saw this as a unique opportunity. CCRPC is doing a study on how these options are performing and want to be sure the bikes and scooters are serving as a transportation option. Mr. Conner stressed that there is no request for funding and noted that Gotcha will be making a contribution to CATMA. Mr. Barritt noted that on a trip to California he saw a lot of scooters trashed by the side of the road and heard a lot of horror stories. Mr. Dale said some companies’ scooters have a one- month life span, but Gotcha does not operate that way. He said there will not be a landfill full of scooters. Ms. Riehle said she felt it was worth a pilot program. Mr. Kaufman expressed concern with safety. Ms. Leban site4 the need to have fog lines on the road painted as early in the season as possible so people are comfortable riding there. Ms. Frank of the Bike Ped Committee said the committee was at first skeptical but was convinced by the speed control and the option to be part of the design. She stressed the need to get rules/regulations in place and signage on the bike paths as to what is allowed. Mr. Conner noted that the City Attorney is working on 2 ordinances (Parks and Highway) to address rec paths. 11. Liquor Control Board: Mr. Chittenden moved that the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Members considered the following liquor licenses: Bourne’s Service Center – 2nd class Champlain Farms South Burlington (Williston Road) – 2nd class CITY COUNCIL 1 APRIL 2019 PAGE 6 Duke’s Public House – 1st class Restaurant/Bar Fish & Chips – 1st class Commercial Caterer Green Mountain Suites Hotel – 1st class Restaurant/Bar and outside consumption permits Guild Tavern – 1st class Restaurant/Bar Homewood Suites – 1st class Restaurant/Bar and 2nd class license Interstate Shell – 2nd class Kenney Drugs #55 – 2nd class Lakeview Bar & Grill (Shelburne Road) – 1st class Restaurant/Bar and outside consumption permits Maplefields #52 (Williston Road) – 2nd class Marco’s Pizza – 1st class Restaurant/Bar Pour House – 1st class Restaurant/Bar Rotisserie – 1st class Restaurant/Bar Vermont Pool & Bar – 1st class Restaurant/Bar and outside consumption permit Club 35 – 1st class for Club Farmers and Foragers – 1st class Commercial Caterer Independent Brewers United, LLC – 2nd class Jolley Associates (977 Shelburne Rd) – 2nd class Jolley Associates (1110 Shelburne Rd) – 2nd class Shelburne Road Variety – 2nd class Slimain Handys Convenience Store – 2nd class Sugar Snap, LLC – 1st class Restaurant/Bar VT Koto, Inc. – 1st class Restaurant/Bar Ms. Riehle noted that in the past the Maplefields application had checked off “yes” for traffic violations dating back a number of years. This year they say “no.” Members agreed to pull this one from the list and check on it. Ms. Riehle also noted that Club 35 is on the National Guard base where there have been issues of not allowing women. She felt if the city provides a license, it should be to allow everyone to be served. Mr. Barritt questioned whether city inspectors were allowed on the premises. Members agreed to pull this from the list as well. Mr. Chittenden then moved to approve all the liquor licenses presented with the exception of Maplefields and Club 35. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 1 APRIL 2019 PAGE 7 Mr. Chittenden moved to reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. 12. Other Business: Members agreed to warn a future agenda item to discuss the $20,000 traffic calming project. Ms. Riehle felt it would be helpful to have a Steering Committee meeting to discuss issues with the School Board. Members felt this should take place as soon as possible. Ms. Riehle will extend an invitation to the School Board Chair and Superintendent of Schools. Mr. Chittenden said he would like to see the Council have an appreciation event for the Public Works Department for their work during the winter. He suggested the possibility of a barbeque at Wheeler Park. Mr. Riehle also liked the idea of a baseball game. As there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 10:02 p.m. ________________________________ Clerk CITY COUNCIL 15 APRIL 2019 The South Burlington City Council held a regular meeting on Monday, 15 April 2019, at 6:30 PM, in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Chittenden Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kinville, City Clerk; Chief T. Francis, Fire Department; J. Rabidoux, Public Works Director; D. Leban, 1. Instructions on exiting building in case of emergency: Ms. Riehle provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Dorn noted that Item #14 on the Agenda would be postponed to a later date. 3. Possible executive sessions to discuss pending litigation to which the city is a party, and the negotiation and securing of real estate regarding the South Burlington Community Center: Mr. Chittenden moved that the Council make a specific finding that premature general public knowledge of confidential attorney-client communications made for the purpose of providing professional legal services regarding pending litigation to which the city is a party would clearly place the Council and the city at a substantial disadvantage. Ms. Emery seconded. Motion passed 3-0. Mr. Chittenden then moved that the City Council having so fund, that the Council enter into executive session for the purpose of considering confidential attorney-client communications made for the purpose of providing professional legal services; pending litigation to which the city is a part; and the negotiation or securing of real estate options in connection with the South Burlington Community Center, and invite into the executive session Messrs. Dorn and Hubbard and City Attorney Lafferty. Ms. Emery seconded. Motion passed 3-0. The Council entered executive session at 6:35 p.m. and resumed open session at 7:25 p.m. 4. Comments and Questions from the public not related to the agenda: Ms. Leban gave the Council information on green roofs in connection with stormwater issues at the new Community Center building. She noted that a green roof can create a 55% reduction in runoff from the roof and make the roof cooler in the summer. Mr. Rabidoux noted that every option for stormwater was considered, but there is not a lot of roof area that is not being used. A green roof also wouldn’t reduce the amount of stormwater you have to treat according to the State. CITY COUNCIL 15 APRIL 2019 PAGE 2 Ms. Emery asked about green roofs on schools. Mr. Rabidoux said there is a movement in the State as to how to deal with stormwater on school property and may make some grants available. 5. Interim Zoning Application #IZ-19-01 of Donald & Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into 4 lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road – continue Public Hearing: Mr. Chittenden moved to open the public hearing. Ms. Emery seconded. Motion passed 3-0. It was noted that the applicant has requested a continuance until 6 May. Ms. Emery moved to continue Interim Zoning Application #IZ-19-01 to 6 May 2019. Mr. Chittenden seconded. Motion passed 3-0. Mr. Chittenden moved to close the public hearing. Ms. Emery seconded. Motion passed 3-0. 6. Top Dog and First Feline Drawing: Ms. Kinville reviewed the history and noted that the city is up 86 registrations from last year. 236 new dogs have been registered. She also noted that in other communities, registrations are declining. She also noted that it is State law that all dogs should be registered. South Burlington has added cats. Ms. Kinville also explained the safety considerations which make registrations important. Ms. Kinville recognized sponsors for the Top Dog and First Feline promotion including: Pet Food Warehouse, Price Chopper, Green Mountain Animal Hospital, Purina, Petco, Target and Walmart. In the drawing that followed, “Boots” was chosen as First Feline and “Teddy” as Top Dog. 7. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Participated in a press conference regarding a partnership with Consensus involving technology and on-going polling on certain projects. In response to issues raised at the last meeting, traffic counts will be done on Midland Avenue. CITY COUNCIL 15 APRIL 2019 PAGE 3 A Committee Leadership meeting will be held on 30 May which will be followed in September by an all-committee summit. Openings on committees will be advertised in the next “Other Paper.” Common Roots would like to host a dinner for the Council on 20 May, 5 p.m. There has been a plan to host a lunch for Justin’s team on 3 June; however, the week of 20 May is Public Works National Recognition Week, so the date may be adjusted. Mr. Dorn and Ms. Riehle will testify at the Ways & Means Committee in Montpelier tomorrow regarding the City’s Charter amendment. The Steering Committee will meet at City Hall on 22 April, 6:30 p.m. LED lighting is being installed on Dorset Street, resulting in much improved efficiency. 8. Council Committee Reports: Ms. Emery reported that the IZ Open Space Committee is testing their scoring sheets with regard to parcels over 4 acres. 9. Consent Agenda: A. Approve and Sign Disbursement B. Approve Grant Agreement with the Nature Conservancy for the conservation of the South Burlington portion of the so-called “Ewing” parcel C. Approve applying to the State of Vermont for a grant to fund Electric Charging Stations at 180 Market Street and resolution in support of application D. Approve State Class 2 Paving Grant Application for Dorset Street E. Accept various existing stormwater permits under the City’s MS4 permit Mr. Chittenden moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion passed 3-0. 10. Update on status of installation of adaptive signal control systems on Dorset Street and Williston Road: Mr. Rabidoux said the Hadley sewer project is weeks away from completion. He suggested some sort of ceremony for the turnover. CITY COUNCIL 15 APRIL 2019 PAGE 4 Mr. Rabidoux then noted there is a scheduled meeting with the Regional Planning people to re- ignite the signal control project. No bonding authority is needed. Ms. Emery asked about timing to allow people to cross a street. Mr. Rabidoux said that is determined by federal standards, one second for every 4 feet of crossing. 11. Winter Season recap and schedule/priority for paving: Mr. Rabidoux noted this year stands out for the amount of salt that had to be used. He then explained that the amount of salt used caused more liquid seepage into the road. When there was subsequent freezing, it caused break-ups in the pavement. On Dorset St., Spear St., Airport Parkway, and other roads, they were filling in the same potholes over and over again. Ms. Emery asked about plowing priorities. Mr. Rabidoux said the highest priorities are the main roads and school routes. It takes 8 hours for one pass of sidewalk routes. There are also a lot of “priority one” locations in the city to keep up with. Ms. Emery then asked about City Center. Mr. Rabidoux said that discussion needs to take place. Public Works will work whatever way the Council chooses to fund it – dedicated employees, an assessment, etc. Ms. Emery asked about the possibility of removing snow. Mr. Rabidoux said that would take a pickup out of plowing service. Mr. Dorn suggested a possibly work session with Mr. Rabidoux on these issues during the summer. Mr. Chittenden asked if there are other factors that contribute to potholes. Mr. Rabidoux said studded tires on bare roadways and the volume of traffic. Mr. Chittenden also asked if there are plans to reduce speed limits on Hinesburg Rd., Van Sicklen, etc. Mr. Rabidoux said in a 2008 study, none of those roads showed an unsafe traffic pattern. Speed limits can’t be changed without doing a traffic study. Ms. Emery asked whether gas-powered leaf blowers are used. She noted they are very polluting. Mr. Rabidoux said they use a lot of gas-powered equipment. He added that the State considers a leaf that touches the ground to be “contaminated.” Ms. Riehle suggested moving away from the gas-powered equipment as it is replaced. CITY COUNCIL 15 APRIL 2019 PAGE 5 12. Consider and possibly approve additional funding for paving for FY20: Mr. Hubbard noted the paving budget is slightly over for FY19. $625,000 was approved for FY20. An additional $275,000 could definitely “make a dent” in the problem. He then gave members written information on where that money might come from. Mr. Rabidoux noted they would pay less for asphalt because of the volume being used. In addition, if the city gets the $180,000 grant that was applied for, there will be more projects that can be done. Possible funding sources include the following: Car rental tax…………………$$125,000 or more City Center Reserve Fund……………. Up to $110,000 Designated Reserve Fund…………… $50,000 Balance Sheet ………………………….to fund the remainder needed Mr. Hubbard said that in the FY21 budget they may want to increase the paving budget more than the usual $25,000 in order to catch up with this past winter. Mr. Rabidoux said he felt that $900,000 is the right number. Mr. Hubbard added that if the $180,000 comes through, that would be applied to the $900,000, not go over the top of it. Mr. Dorn asked if there are any “rebuilds” of road coming up. Mr. Rabidoux said not for this season. Ms. Riehle said there should be a paving plan. Mr. Rabidoux said there was one in the fall, but things are different now. Ms. Emery asked when striping will start. Mr. Rabidoux replied when it’s warm enough. Ms. Emery suggested arrows on the road at the “jog” near Williston Rd./Interstate. Mr. Rabidoux said there are signs that people ignore, but he was willing to try arrows. Members agreed to commit to $900,000 and to find a way to reach that number. 13. Consider and possibly approve the local Emergency Management Plan: CITY COUNCIL 15 APRIL 2019 PAGE 6 Chief Francis reminded the Council that they have to adopt the plan before 1 May each year. He noted that the Plan hasn’t changed substantially this year, but there is a new name and a more user-friendly form. All the vital information is in the first few pages. The following pages include vulnerable people, how to contact them in emergencies, how to get assets to help, how to deal with various types of emergencies, etc. Chief Francis noted that last year, all emergency situations were handled with local assets, but there is a system to get more help when needed. Ms. Emery asked about potential toxic fumes from F-35s. Chief Francis said there is nothing in that plane that isn’t already in the aircraft that land here every day. He had no concern with fighting a fire involving an F-35 and noted there are more toxic fumes from a car fire than from a plan. Ms. Emery asked if there is a plan that can be made public. The Chief said there has been a plan for more than 50 years, but he didn’t know if it was public. He did know that the Airport Emergency Plan is public. Chief Francis then noted the recent fire that destroyed a barn on the Belter property. He said the Air Guard was first on the scene and saved 2 other barns. He cited the great working relationship with the Guard Firefighters. Ms. Emery then moved to authorize the City Manager to sign the Emergency Management Plan. Mr. Chittenden seconded. Motion passed 3-0. 14. March Financials: Mr. Hubbard referred to the narratives provided to the Council. He said the city is in good shape, but it will be a tight budget year. 15. Liquor Control Board: Mr. Chittenden moved that the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed 3-0. Mr. Hubbard noted he had the City Attorney look at the situation at the Air Base. The Attorney said the Liquor Control Board cannot weigh in on whether the facility is open to all. CITY COUNCIL 15 APRIL 2019 PAGE 7 Members then considered the following Liquor License renewals: Barnyard – 1st Class Restaurant/Bar License and Outside Consumption Permit Bueno y Sano – 1st Class Restaurant/Bar License Catering by Dale – First Class Restaurant/Bar License Champlain Farms – Exxon – 2nd Class License Club 35 (resubmission) – 1st Class Restaurant/Bar License Dave’s Cosmic Subs Vermont – 1st class Restaurant/Bar License Doubletree by Hilton – 1st Class Restaurant/Bar License & Outside Consumption Permit 802 Cocktails, LLC – 1st Class Commercial Caterer License Farnham Ale & Lager – 1st Class Restaurant/Bar License Gonzo’s Indoor Golf – 1st Class Restaurant/Bar License Halyard Brewing Co. – 1st Class Restaurant/Bar License Hannaford Supermarket & Pharmacy (Dorset St.) – 2nd Class License Hannaford Supermarket & Pharmacy – 2nd Class License Higher Ground – 1st Class Restaurant/Bar License & Entertainment License Application Holiday Inn (So. Burlington) – 1st Class Restaurant/Bar License #104 Jolley Williston Rd. (Short Stop) – 2nd Class License #105 Jolley Shelburne Rd. South (Short Stop) – 2nd Class License Klinger’s Bread Company – 2nd Class License Maplefields #52 (Williston Rd.) (re-submission) – 2nd Class License Moose, Loyal Order of, Lodge #1618 – 1st Class Restaurant/Bar License & Annual Entertainment License Old Post, LLC (The) – 1st Class Restaurant/Bar License & Annual Entertainment License & Outside Consumption Permit Olive Garden Italian Restaurant #1520 – 1st Class Restaurant/Bar License Osaka Hana, Inc. – 1st Class Restaurant/Bar License Outback Steakhouse – 1st Class Restaurant/Bar License Pauline’s Cafe & Restaurant – 1st Class Restaurant/Bar License Quarry Hill Club – 1st Class Restaurant/Bar License & Outside Consumption Permit Rotisserie (The) – Outside Consumption Permit only Shaw’s Ber & Wine – 2nd Class License Silver Palace – 1st Class Restaurant/Bar License Smokey’s Low ‘n Slow – 1st Class Restaurant/Bar License Sorriso Bistro – 1st Class Restaurant/Bar License & Outside Consumption Permit Trader Joe’s #527 – 2nd Class License Uno’s Pizzerio – 1st Class Restaurant/Bar License CITY COUNCIL 15 APRIL 2019 PAGE 8 Vermont National Country Club (#3944-1) – 1st Class Restaurant/Bar License and Vermont National Country Club (#3944-2) – 1st. Class Restaurant/Bar License and Vermont National Country Club (#3944-3) – 2nd Class License Vermont Pool & Bar – 1st Class Restaurant/Bar License & Outside Consumption Permit Windjammer Restaurant – 1st Class Restaurant/Bar License & Outside Consumption Permit Zachary’s – 1st Class Restaurant/Bar License Zen Garden – 1st Class Restaurant/Bar License Mr. Dorn noted that the violations related to Maplefields had expired and they currently have a clean record. Ms. Chittenden moved to approve the list of Liquor License renewals as presented. Ms. Emery seconded. Motion passed 3-0. Ms. Emery moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed 3-0. 16. Other Business: Mr. Hubbard said he will check with Carol regarding changing the date of the event for DPW employees. Ms. Emery noted that Lisa Bedinger is on board with events regarding domestic violence. She was hoping for a sub-committee to help with planning. The first event would be more educational, the second would involve people who have been victims. Ms. Emery said she was willing to meet with Ms. Bedinger. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Ms. Emery seconded. Motion passed 3-0. The meeting was adjourned at 9:47 p.m. ________________________________ Clerk SPECIAL CITY COUNCIL 22 APRIL 2019 The South Burlington City Council held a special meeting on Monday, 22 April 2019, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: T. Hubbard, Deputy City Manager; Andrew Bolduc, City Attorney 1. Welcome: Ms. Riehle convened the meeting and welcomed the public. 2. Approve and sign disbursements: Mr. Barritt moved to approve and sign disbursements as presented. Mr. Chittenden seconded. Motion passed unanimously. 3. Possible executive session to discuss pending litigation in which the City has an interest. Mr. Barritt moved that the council make a specific finding that premature general public knowledge of confidential attorney-client communications made for the purpose of providing professional legal services regarding pending litigation related to Dorset Meadows PUD to which the city is a party would clearly place the council and the city at a substantial disadvantage. Mr. Chittenden seconded. Motion passed unanimously. Mr. Barritt then moved that the Council enter into executive session for the purpose of considering pending litigation to which the city is a party. Mr. Chittenden seconded. Motion passed unanimously. Inviting to attend: Tom Hubbard and Andrew Bolduc As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 6:06 p.m. ________________________________ Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: First Reading for Proposed Parking Ordinance First Reading for Proposed Motor Vehicle and Traffic Ordinance FOR: Meeting of May 6, 2019 Background The operation and use of vehicles, including parking, in the City of South Burlington is regulated currently under the South Burlington Motor Vehicle and Traffic Regulation Ordinance (the “Motor Vehicle Ordinance”). The Motor Vehicle Ordinance was adopted on April 28, 1958 and has since been amended at least 18 times. A copy of the current Motor Vehicle Ordinance is available on the City’s website. Proposed Ordinances Staff proposes repeal of the existing Motor Vehicle Ordinance and adoption of an ordinance regulating operation and use of motor vehicles other than parking and an ordinance regulating parking only. State law requires different enforcement methods for each. The proposed Parking Ordinance is intended to accomplish the following: • Define words and terms used in the Ordinance by reference to Vermont statutes, which establish definitions of “motor vehicle,” “vulnerable user,” and “trailer.” (Section 2) • Establish general parking prohibitions in the City. (Sections 3 and 4) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com • Authorize the City Council, through adoption of a resolution, to establish specific locations on City streets and highways where parking is prohibited. (Section 3(O)) • Establish a uniform schedule of fines (i.e., parking tickets) for violation of the Parking Ordinance. (Section 5) • Establish an administrative process for appeal of parking tickets. An administrative appeal process for parking tickets is required by 4 V.S.A. § 32(c)(11) in order for the City to bring a civil enforcement action in Vermont Superior Court, as required by 24 V.S.A. § 1974a(e)(1). (Section 6) • Authorize the removal of vehicles parked in violation of the Parking Ordinance. Require a record of vehicles removed and notice of the removal if a vehicle is not claimed in ten days. Create a process for appeal of vehicle removals to the Chief of Police, whose determination on the appeal will be final. Authorize the Council, through adoption of a resolution, to establish charges for the towing and storing of removed vehicles. (Section 7) The proposed Motor Vehicle and Traffic Ordinance also is intended to define words and terms used in the Ordinance by reference to Vermont statutes. The Ordinance also includes the required and prohibited actions in the Ordinance and to permit the Council to provide and amend information, such as locations, by resolution. In addition, this proposed Ordinance permits civil enforcement in the Judicial Bureau. Copies of the draft Parking Ordinance and the draft Motor Vehicle and Traffic Ordinance are attached. Staff expects to develop the proposed resolutions contemplated in each ordinance before final passage. Recommendation Staff recommends that the Council consider and discuss proposed amendments to the proposed Parking Ordinance and the proposed Motor Vehicle and Traffic Ordinance and give feedback to Staff regarding the same. Staff proposes that the Council warn a public hearing for a Second Reading of both ordinances for June 3, 2019. Parking Ordinance PARKING ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions .............................................................................................................................. 3 3. Parking Prohibitions…. ............................................................................................................. 3 4. Unregistered Motor Vehicles and Unattached Trailers .............................................................. 4 5. Parking Tickets; Penalty ........................................................................................................... 4 6. Administrative Appeal and Enforcement of Parking Tickets ....................................................... 5 7. Removal of Unlawfully Parked Vehicles .................................................................................... 5 8. Severability ........................................................................................................................... 7 9. Repeal…………………………………………………………………………………………………………………………………………..7 PARKING ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Parking Ordinance is enacted by the City Council to promote the public health, safety and welfare of City residents under the authority it is granted to regulate parking of vehicles as set forth in 4 V.S.A. section 32, 19 V.S.A. section 304, 20 V.S.A. section 2904, 23 V.S.A. sections 1008 and 1753, 24 V.S.A. section 2291, and Sections 103 and 104 of the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. chapter 59. Parking any vehicle in violation of this Ordinance is hereby declared to be a public nuisance. 2. Definitions (A) The definitions set forth in 23 V.S.A. section 4, as amended from time to time, are incorporated herein by reference. (B) “Recreation path” means a public path, or any portion thereof, used by the general public for recreation; the South Burlington Recreation Path. (C) For the purposes of Section 3(P) of this Ordinance, “moved” is defined as relocating a motor vehicle at least thirty (30) feet from its original location for a time period of no fewer than thirty-six (36) hours. 3. Parking Prohibitions Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer or official traffic-control device, no person shall stop or park a motor vehicle: (A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (B) On a sidewalk or so as to interfere with pedestrian use or maintenance of a sidewalk; (C) On a recreation path or so as to interfere with authorized uses or maintenance of a recreation path; (D) Within fifty (50) feet of an intersection; (E) On any crosswalk; (F) Alongside or opposite any road excavation when parking would obstruct traffic; (G) Upon any bridge or other elevated structure; (H) Upon any railroad tracks or within fifty (50) feet of the nearest rail of a railroad crossing; (I) Within fifteen (15) feet of a fire hydrant; (J) Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control light located at the side of a roadway; PARKING ORDINANCE 4 City of South Burlington Ordinance (K) In front of a public or private driveway; (L) In any space specified as reserved for a bus stop; (M) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a public road or highway opposite and within seventy-five (75) feet of the entrance to any fire station; (N) On any public road or highway, or portion thereof, designated by order of the Director of Public Works as a place where parking is temporarily prohibited because of road or highway construction, repair or maintenance; (O) On any public road or highway, or portion thereof, the City Council designates by resolution as a place where parking is prohibited and indicated as such by “No Parking” signs; (P) In the same location on any public road or highway for a time period that exceeds seventy-two (72) consecutive hours, which time period commences when a City law enforcement officer observes the vehicle in its original location; (Q) On any public road or highway for the purpose of selling or renting the same or for the purpose of displaying or advertising the same for sale or rent; (R) So as to interfere with the plowing or removal of snow; (S) On any public road or highway between 12 o’clock midnight and 8 o’clock a.m. each day during the four (4)-month period starting December 1 of each year and continuing through March 31 of the following year; (T) In a space designated as parking for persons with disabilities except when the motor vehicle is equipped with a valid handicapped registration plates or properly displayed handicap permit from the Vermont Department of Motor Vehicles in accordance with 23 V.S.A. section 304a, or as otherwise provided by the law of the State in which the vehicle is registered, and an occupant is a person with a disability. 4. Unregistered Motor Vehicles and Unattached Trailers In addition to the prohibitions set forth in Section 3 of this Ordinance, no person shall stop or park on any public road or highway for a period that exceeds twelve (12) consecutive hours: (A) Any unregistered motor vehicle; (B) Any trailer, semi-trailer or trailer coach that is not attached to a motor vehicle. For the purposes of this Ordinance, trailer or semi-trailer includes, without limitation, trailers for boats, all terrain 5. Parking Tickets; Penalty Any City law enforcement officer may issue a parking ticket for any vehicle parked in violation of Sections 3 or 4 of this Ordinance, which shall set forth the penalty to be paid for such violation. Parking ticket penalties shall be paid to the South Burlington Police Department. The PARKING ORDINANCE 5 City of South Burlington Ordinance Police Department shall maintain copies of all issued parking tickets. The penalties for violations of any provision of Sections 3 or 4 of this Ordinance shall be: Section First Offense Second Offense Third Offense Fourth and Subsequent Offenses 3(A)-(R) $15 $25 $50 $100 3(S) $25 $50 $100 $200 3(T) $50 $100 $200 $400 4 $15 $25 $50 $100 Offenses shall be counted on a calendar year basis. A late payment fee of $10.00 shall be imposed for each parking ticket not paid within twenty (20) calendar days of the date of issuance. 6. Administrative Appeal and Enforcement of Parking Tickets Within fifteen (15) calendar days of the date a parking ticket is issued, a person receiving a parking ticket may appeal the violation by submitting a written statement of appeal to the Chief of Police. The written statement shall state the facts supporting the appeal and an explanation of why such ticket is believed to be unlawful. Within fifteen (15) calendar days of the date s/he received a written statement of appeal, the Chief of Police, or his or her designee, will review the statement and shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. If, after exhausting this administrative appeal process, the violator has not paid any penalty assessed for violation of this Ordinance, the City Attorney, at the direction of the City Council, may institute an action on behalf of the City against the violator in accordance with Rule 80.9 of the Vermont Rules of Civil Procedure. 7. Removal of Unlawfully Parked Vehicles (A) Removal. In addition to issuance of a parking ticket under Section 5 of this Ordinance, City law enforcement officers are authorized to remove vehicles parked in violation of Sections 3 or 4 this Ordinance at the expense of the owner of the vehicle. (B) Record of Removed Vehicles. The Police Department and the owner of any garage to which a vehicle is removed shall keep a record of each vehicle so removed by manufacturer’s trade name or make, registration number or Vehicle Identification Number, registered owner if the vehicle bears a Vermont registration, such other descriptive matter as may be necessary to identify the vehicle, and the name and address of any claimant thereof. In addition, the Police Department shall keep a record showing the date of such removal, the place to which the PARKING ORDINANCE 6 City of South Burlington Ordinance vehicle is removed, and reason for such removal. All such records shall be open to public inspection pursuant to the Vermont Public Records Act. (C) Notice of Removal. If a removed vehicle is not reclaimed within ten (10) calendar days of the date of removal, the Police Department shall send written notice by certified mail, return receipt requested, to the last known address of the registered owner of such vehicle, if such vehicle is registered. If the vehicle is not registered, the Police Department shall cause the notice to be published in a newspaper of general circulation in the City within twenty (20) calendar days of the date of removal. The notice required by this section shall contain the following: (1) A description of the vehicle; (2) Statement of the circumstances requiring removal; (3) Statement of the procedure to reclaim the vehicle; and, (4) Statement of appeal rights. (D) Appeal of Removal. Prior to, or within three (3) calendar days of reclaiming a vehicle, the owner of a vehicle removed pursuant this Ordinance may make a written request for a hearing before the Chief of Police. The written request shall contain a statement of the facts supporting the appeal and an explanation of why such removal is believed to be unlawful. The Chief of Police, or his/her designee, shall conduct a summary hearing at which the vehicle owner may present relevant evidence. Within twenty-four (24) hours of the conclusion of the hearing, the Chief of Police, or his/her designee, shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. (E) Recovery of Vehicle. Before the owner of a vehicle removed pursuant to this Ordinance shall be permitted to reclaim the motor vehicle, the owner shall: (1) Furnish satisfactory evidence to the Police Department or the owner or person in charge of the garage of his/her identity and of his/her ownership of the vehicle; (2) Pay to the Police Department all charges for violation of this Ordinance and all charges for mailing and/or publication of the required notice; (3) Pay to the owner or person in charge of the garage all charges for removing said vehicle and all charges for the storing and parking thereof; (4) Sign a written receipt acknowledging delivery of said vehicle. (F) Charges for Removal. The City Council shall, from time to time, by resolution, establish reasonable charges for the towing and storing of vehicles removed pursuant to Section 7 of this Ordinance. (G) Lien on Vehicle. All charges for towing and storage of vehicles imposed pursuant to Section 7 of this Ordinance shall become a lien upon the vehicle removed and such lien may be foreclosed in accordance with the procedure provided in the law for foreclosure of artisan’s liens. PARKING ORDINANCE 7 City of South Burlington Ordinance (H) Charges not a Penalty. No charges made or incurred under Section 7 of this Ordinance shall be considered a fine, penalty or forfeiture. The removal and storage of any vehicle under this Ordinance shall not be a bar to the institution and prosecution of civil action against the owner or operator of such vehicle. 8. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. 9. Repeal The Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington adopted April 28, 1958 and as amended from time to time thereafter, is hereby repealed. Adopted at South Burlington, Vermont, this ____ day of _________ 2019. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Helen Riehle, Chair Thomas Chittenden _____________________________________ ____________________________________ Meaghan Emery, Vice-Chair Dave Kaufman _____________________________________ Tim Barritt, Clerk Motor Vehicle and Traffic Ordinance MOTOR VEHICLE AND TRAFFIC ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ..................................................................................................................... 3 2. Definitions ........................................................................................................................................ 3 3. Speed Regulations ............................................................................................................................ 3 4. Stop Intersections ............................................................................................................................ 3 5. Yield Intersections ............................................................................................................................ 3 6. Traffic Control Signals ...................................................................................................................... 3 7. Flashing Signals ................................................................................................................................ 4 8. One Way Streets .............................................................................................................................. 4 9. Right Turn Only Intersections .......................................................................................................... 4 10. Vulnerable Users .............................................................................................................................. 4 11. Civil Penalties; Waiver Fee; Enforcement ........................................................................................ 5 12. Severability....................................................................................................................................... 5 13. Repeal…………………………………………………………………………………………………………………………………………6 MOTOR VEHICLE AND TRAFFIC ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Motor Vehicle and Traffic Ordinance is enacted by the City Council to promote the public health, safety and welfare of City residents under the authority it is granted to regulate the operation and use of motor vehicles as set forth in 19 V.S.A. section 304, 23 V.S.A. sections 1007 and 1008, 24 V.S.A. section 2291(1), (4), and (5) and Sections 103 and 104 of the South Burlington City Charter. This Ordinance establishes special traffic regulations on public roads or highways in the City of South Burlington and shall constitute a civil ordinance within the meaning of 24 V.S.A. chapter 59. 2. Definitions The definitions set forth in 23 V.S.A. section 4 are incorporated herein by reference. 3. Speed Regulations The City Council shall establish, by appropriate resolution, speed limits on City public roads and highways and upon doing so shall cause suitable “Speed Limit” signs to be installed. Speed limits established by the City Council shall be in effect when so posted. 4. Stop Intersections The City Council shall designate, by appropriate resolution, stop intersections and upon doing so shall cause a suitable “Stop” sign to be installed at the intersection. When a stop sign is so installed, a motor vehicle operator approaching the stop sign shall operate the vehicle in the manner required by 23 V.S.A. section 1048(b). 5. Yield Intersections The City Council shall designate, by appropriate resolution, yield intersections and upon doing so shall cause a suitable “Yield” sign to be installed at the intersections. When a yield sign is so installed, an operator approaching the yield sign shall operate the motor vehicle in the manner required by 23 V.S.A. section 1048(c). 6. Traffic Control Signals The City Council shall designate, by appropriate resolution, intersections and other locations on City public roads and highways to be controlled by traffic-control signals and upon doing so shall cause a traffic-control signal to be installed at the intersection or other location. When a traffic-control signal is so installed, an operator approaching the traffic-control signal shall operate the motor vehicle in the manner required by 23 V.S.A. section 1022. MOTOR VEHICLE AND TRAFFIC ORDINANCE 4 City of South Burlington Ordinance 7. Flashing Signals The City Council shall designate, by appropriate resolution, intersections and other locations on City public roads and highways to be controlled by flashing signals and upon doing so shall cause a flashing signal to be installed at the intersection or other specified location. When a flashing signal is so installed, an operator approaching the traffic-control signal shall operate the motor vehicle in the manner required by 23 V.S.A. section 1024. 8. One-Way Streets The City Council shall designate, by appropriate resolution, any public road or highway for one- way traffic and establish the direction of traffic and upon doing so shall cause a suitable “One- Way” sign to be installed. When a one-way sign is so installed, an operator shall operate the motor vehicle only in the direction designated. 9. Right Turn Only Intersections The City Council shall designate, by appropriate resolution, intersections where only right turns are allowed and upon doing so shall cause a suitable “Right Turn Only” sign to be installed. When such a sign is so installed, an operator shall operate the motor vehicle only in the direction designated. 10. Vulnerable Users (A) If traffic-control signals are not in operation, the driver of a motor vehicle shall yield the right of way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a crosswalk. (B) The operator of a motor vehicle shall not, in a careless or imprudent manner, approach, pass, or maintain speed unnecessarily close to a vulnerable user. (C) An occupant of a motor vehicle shall not throw any object or substance at a vulnerable user. (D) The operator of a motor vehicle approaching or passing a vulnerable user shall exercise due care, which includes reducing speed and increasing clearance to a recommended distance of at least four feet, to pass the vulnerable user safely, and shall cross the center of the public road or highway only as provided in 23 V.S.A. section 1035. (E) A person operating a motor vehicle shall not turn left unless the turn can be made at a safe distance from a vulnerable user. 11. Civil Penalties; Waiver Fee; Enforcement (A) Any violation of a provision of this Ordinance which constitutes a traffic violation as defined by 23 V.S.A. section 2302, shall be prosecuted pursuant to 23 V.S.A. chapter 24, and such violator will be subject to the procedures and provisions set forth therein. Waiver MOTOR VEHICLE AND TRAFFIC ORDINANCE 5 City of South Burlington Ordinance penalties for violation of this Ordinance shall be those determined by the Judicial Bureau under 4 V.S.A. section 1102(d). (B) Police officers of the City of South Burlington and any other law enforcement officer shall be authorized to issue and pursue before the Judicial Bureau a civil violation complaint. A civil violation complaint may, at the discretion of the issuing officer, be dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a reparative justice program through the South Burlington Community Justice Center. 12. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. 13. Repeal The Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington adopted April 28, 1958 and as amended from time to time thereafter, is hereby repealed. Adopted at South Burlington, Vermont, this ____ day of _________ 2019. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Helen Riehle, Chair Thomas Chittenden _____________________________________ ____________________________________ Meaghan Emery, Vice-Chair Dave Kaufman _____________________________________ Tim Barritt, Clerk SOUTH BURLINGTON CITY COUNCIL RESOLUTION STRONGLY OPPOSING THE BASING OF ANY NUCLEAR WEAPON DELIVERY SYSTEM IN SOUTH BURLINGTON WHEREAS, the F-35 fighter jet was designed with a requirement to carry a nuclear payload; and, WHEREAS, former U.S. Secretary of Defense James Mattis has spoken of the importance of the nuclear-armed F-35 as part of the nation’s deterrence equation; and, WHEREAS, the 2018 Nuclear Posture Review states that “a nuclear-armed F35 is fundamental to deterring Russia”; and, WHEREAS, the Pentagon has awarded funding to Lockheed Martin to develop a nuclear-armed F-35 Lightning II Joint Strike Fighter as part of a new nuclear strategy; and, WHEREAS, the U.S. Air Force plans to mount the B-61-12 nuclear gravity bomb on the F-35, thus integrating it into the air-delivered leg of the nuclear triad that also includes sea- and land-based missiles; and, WHEREAS, in 2017, the then Director of the F-35 Program Integration Office stated that the F-35 Joint Strike Fighter is slated to be armed with the B-61-12 nuclear gravity bomb “sometime between 2020 and 2022 but could carry the weapon sooner”; and, WHEREAS, the U.S. Air Force has also awarded Lockheed Martin $83.1 million to develop and test equipment for F-35A nuclear capability; and, WHEREAS, U.S. Senator Patrick Leahy has written that throughout his time in the Senate he has “always fought to reduce the number of nuclear armaments, and to halt the testing, production, and proliferation of nuclear arsenals” and that he has “long believed that simply upgrading the entirety of the U.S. nuclear arsenal is an unaffordable course of action”; and, WHEREAS, U.S. Senator Bernie Sanders has written of the nation’s “already bloated nuclear arsenal” and has cosponsored the Smarter Approach to Nuclear Expenditures Act, which would reduce the size of the country’s nuclear arsenal, and that he “strongly oppose(s) the basing of nuclear weapons in Vermont”; and, WHEREAS, U.S. Air Force documentation discussing the type of ordnance that might be deployed on the F-35 stated that, “The F-35A would train for and deploy all the types of ordnance it is capable of carrying.” NOW, THEREFORE, be it resolved by the South Burlington City Council: That the South Burlington City Council expresses its strong opposition to the basing of any nuclear weapon delivery system in the State of Vermont; And be it further Resolved: That the South Burlington City Council requests that the Governor and the members of the Vermont Congressional Delegation inform the Acting U.S. Secretary of Defense Patrick Shanahan that the City of South Burlington will not support a nuclear weapon delivery system to be based in this municipality; And be it further Resolved: That the City Manager be directed to send a copy of this resolution to the Governor, to Acting U.S. Secretary of Defense Patrick Shanahan, and to the Vermont Congressional Delegation. DATED this day ______ of ____________ , 2019. SOUTH BURLINGTON CITY COUNCIL ________________________________________________ Helen Riehle, South Burlington City Council Chair ________________________________________________ Meaghan Emery, South Burlington City Council Vice-Chair ________________________________________________ Tim Barritt, South Burlington City Council Clerk ________________________________________________ Thomas Chittenden ________________________________________________ David Kaufman