HomeMy WebLinkAboutMinutes - City Council - 04/05/2021CITY COUNCIL 5 APRIL 2021
The South Burlington City Council held a regular meeting on Monday, 5 April 2021, at 6:30
p.m., via Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, M. Cota
ALSO PRESENT: T. Hubbard, Deputy City Manager; A. Bolduc, A. Lafferty, City Attorneys; P.
Conner, Director of Planning & Zoning; D. Kinville, City Clerk; J. Rabidoux, Director of Public
Works; M. Lyons, City Assessor, H. Rees, Recreation Director
1. Agenda Review: Additions, deletions or changes in order of Agenda items:
Ms. Riehle asked to add discussion of an email from the Fair & Impartial Policing Group.
Ms. Emery asked to add a review of how to handle issues of threatening situation between
neighbors.
2. Possible Executive Session to discuss pending litigation to which the city is a party
and receive confidential attorney/client communications regarding same:
Mr. Barritt moved that the Council make preliminary findings that premature general public
knowledge of pending civil litigation and confidential attorney-client communications could
clearly place the public body at a substantial disadvantage. Ms. Emery seconded. Motion
passed unanimously.
Mr. Barritt then moved that the Council enter into Executive Session for the reasons identified in
the prior motion inviting into the session Messrs. Dorn, Hubbard, McNeil, and Conner, and Ms.
Lafferty. Ms. Emery seconded. Motion passed unanimously
The Council entered Executive Session at 6:33 p.m. and resumed open session at 7:05 p.m.
3. Comments and Questions from the public not related to the Agenda:
Ms. Greco spoke to the need for the city to take immediate actions, more than just land
Development Regulations, to address climate change. These actions could include stopping
road construction, regulating sewer usage, purchasing land, requiring all housing to be on
transportation lines, etc. She also asked that climate change actions be put on a future agenda.
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4. Announcements and City Manager’s report:
Sen. Chittenden noted interest among Sextons to clen up the Shelburne Road cemetery with
volunteer help. He will ask for volunteers for a day in May.
Ms. Riehle noted a Greater Green Communities presentation with good data regarding “green
affordable housing.”
Ms. Riehle also attended a CCRPC meeting with Mr. Dorn and Jessie Baker. The meeting focused
on areas for cooperation among communities to achieve greater efficiency and cost savings.
She noted that many Chittenden County representatives were very interested in working
together.
Mr. Hubbard noted that Mr. Dorn is on vacation until next Monday. He also noted that the City
is working with the Land Trust and Rotary regarding Green-up Day on May 1. Bags will be made
available to the public.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from 1 February, 16 February, 10 March and 15 March 2021
meetings.
c. Consider and possibly approve State of Vermont Town Highway Class II Paving
Grant
d. Approve refunding Resolution and Certificate for Pension Loan
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously with Mr. Cota abstaining on the Minutes of 1 and 16 February.
6. Consider and possibly approve appointment of City Assessor:
Mr. Hubbard noted that Assessor Todd Leblanc retired as of today. Staff’s recommendation is to
appoint Martha Lyons to that position. The City has contracted with Nemric to provide help
with on-site inspections.
Ms. Emery moved to appoint Martha Lyons to the position of City Assessor. Sen. Chittenden
seconded. Motion passed unanimously.
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Ms. Emery thanked Ms. Lyons for letting her know about the program that automatically
deducts tax payments.
7. Top Dog and First Feline Drawing:
In the drawing for First Feline, the winner was “Mr. Finnigan” owned by Valerie & Tim Hennessy
In the drawing for Top Dog, the winner was Rowan owned by Pasquale & Deb DiStefano
Ms. Kinville said 200 new pets have already been registered this year.
Ms. Kinville also advised that as part of Act 92 last March, the impression was given that late
fees could not be charged. It has now come to their attention that there is a new interpretation
of the ruling: late feels cannot be charged until 90 days from the day the Governor stops the
“Emergency Act.”
8. Discuss and possibly appoint a new representative to the Green Mountain Transit
Board of Directors:
It was noted that Charlie Baker, who has been serving as representative, has moved to
Burlington. He’s willing to serve, even as a Burlington resident, and there is a precedent for
that.
Ms. Riehle asked whether anyone on the Council is willing to serve in that capacity. Mr. Cota
indicated his willingness. Members agreed that Mr. Baker could serve as alternate.
Ms. Emery moved to appoint Matt Cota as Representative to the Green Mountain Transit Board
of Directors. Mr. Barritt seconded. Motion passed unanimously.
9. Review and possibly approve agreement with Local Fire Fighters Union:
Mr. Bolduc said there is a tentative agreement for a one-year extension of the agreement with
the Local Fire Fighters Union under the same terms as the Police and Department of Public
Works agreements.
Ms. Emery moved to approve the agreement with the Local Fire Fighters Union and to thank the
Firefighters and all employees. Mr. Cota seconded. Motion passed unanimously via a rollcall
vote.
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Mr. Bolduc said the Firefighters Association was a pleasure to work with.
10. Council Discussion and possible action related to the future of the Dog Park
Committee:
Ms. Riehle noted that the City Manager was concerned with having enough staff to staff the
Dog Park Committee. In addition, their Chair has resigned. There are emails supporting the
continuation of the Committee.
Ms. Riehle noted this is a big issue in the city. She also noted that there appear to be more dogs
out there than she’s ever seen before.
Ms. Emery noted receipt of pictures of areas of dog parks in the city that need attention. She
personally felt the committee should continue so members can see their work come to fruition.
Ms. Milizia said she sees a need for a dedicated committee to address dog issues in the city.
She noted the charge of the Committee included a list of tasks including actual design, providing
water, etc. There is a question of what it will take to put water in the Wheeler Dog Park.
Ms. Rees said that Justin Rabidoux has been the staff liaison for the Dog Park Committee. She
acknowledged there is a lot of interface with the public around dog issues. Her staff does not
have the capacity to serve the Dog Park Committee or the Friends of the Dog Park who are
doing activities in the park. She added that the work needs to continue. How it continues is up
to the Council.
Ms. Sirvis cited the time lost due to COVID. She did not think a designer for the Dog Park has
yet been hired, and the work will need to be contracted out. She feels the Dog Park Committee
needs to be a separate entity, not part of Recreation/Parks Committee. She felt the Friends of
the Dog Park will be able to do a lot of things. She asked that the Committee be allowed to
continue for at least 3-6 months after the opening of the Dog Park. There is a question of rules,
how to monitor the facility, etc. She felt the Committee could meet without a staff person. Ms.
Milizia added that staff could be contacted, if needed.
Mr. Hubbard said he was happy to work with committee members and Ms. Rees to come up
with a model that doesn’t weigh staff down but utilizes them as needed.
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11. Councilors’ Reports from Committee Assignments:
Ms. Riehle: Noted that Airport sound monitoring will include both commercial and military
aircraft. Ms. Emery noted that the Guard will be doing noise testing of F-35s this fall. She also
noted that they have said that they never use afterburners.
Mr. Barritt: The Pension Advisory Committee will meet in 2 weeks. He also noted the concern
of teachers regarding their pension funds.
12. Other Business:
Ms. Riehle noted that a future agenda will include a Resolution and the completed work of the
Police Chief and the FIPP group. She felt the Council could have a resolution to support their
efforts.
Ms. Emery reminded members that last February there was a Parallel Justice meeting regarding
a South Burlington issue between neighbors, one of whom has mental health issues. At that
time, the Council was asked to consider an ordinance to allow the city to intervene. This is an
absentee landlord situation, and there are young children involved. The neighbor is now in law
enforcement custody but won’t be for long. Ms. Emery questioned what is appropriate. Ms.
Riehle suggested the City Manager and Police Chief discuss how to address this issue.
13. Liquor Control Board:
Mr. Barritt moved the Council convene as Liquor Control Board. Ms. Emery seconded. Motion
passed unanimously.
Members then considered the following license renewals:
Applebees, 1st Class & 3rd Class Restaurant/Bar License; Barnyard, 1st & 3rd Class Restaurant/Bar
License and Outside Consumption Permit; CVS Pharmacy #10690, 2nd Class License; Farmers &
Foragers, 1st & 3rd Class Commercial Kitchen License; Gonzo’s Indoor Golf, 1st & 3rd Class
Restaurant/Bar License; Green Mountain Suites Hotel, 1st & 3rd Class Restaurant/Bar License and
Outside Consumption Permit; Higher Ground, 1st & 3rd Class Restaurant/Bar License; Interstate
Shell, 2nd Class License; Jiffy Mart #445 (Williston Rd.), 2nd Class License; Marco’s Pizza, 1st Class
Restaurant/Bar License; Mill Market Deli, 2nd Class License; Moe’s Southwest Grill, 1st Class
Restaurant/Bar License & Outside Consumption Permit; Moose Lodge #1618, 1st
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& 3rd Class Restaurant/Bar License & Outside Consumption & Entertainment License; Olive
Garden Italian Restaurant #1520, 1st & 3rd Class Restaurant/Bar License; Pauline’s Cafe &
Restaurant, 1st & 3rd Class Restaurant/Bar License; Pulcinella’s, 1st & 3rd Class Restaurant/Bar
License & Outside Consumption Permit; Rotisserie, 1st & 3rd Class Restaurant/Bar License &
Outside Consumption Permit; Target Store #T3306, 2nd Class License; Trader Joe’s #527, 2nd Class
License; Uno Pizzeria, 1st & 3rd Class Restaurant/Bar License; Vermont National Country Club
(#3944-1), 1st & 3rd Class Restaurant/Bar License; Vermont National Country Club (#3944-2), 1st
& 3rd Class Restaurant/Bar License; Vermont National Country Club (#3944-3) 2nd Class License;
Vermont Pool & Bar, 1st & 3rd Class Restaurant/Bar License & Outside Consumption Permit
Ms. Emery moved to approve the list of license renewals as presented. Sen. Chittenden
seconded. Motion passed unanimously.
Ms. Riehle reminded members of tomorrow night’s joint meeting with the Planning
Commission.
As there was no further business to come before the Board, Mr. Cota moved to adjourn. Sen.
Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 8:19
p.m.
_________________________________
Clerk