Apr 11, 2005 – City Council Meeting

7PM, Contois Auditorium, Burlington City Hall- Burlington City Council Meeting

**Newly elected (at last meeting on 4/4/05) Council President Carleton, Councilor Kurt Wright a few minutes late to the meeting

Local Control Commission


  • First Class liquor license restaurant renewals 2005-6

    • American Flatbread-Burlington (effected by an outside consumption removes it from the list)
    • Balance Team Inc (aka Breakwater’s)
    • Cobblestone Deli (The)
    • Cook Commons-Billings Ctr.
    • Coyote’s Cafe
    • India House
    • Rusty Scuffer
    • Shalimar of India
    • Shanty on the Shore
    • TGI Friday’s
    • Taste of Burlington
    • A Single Pebble
    • Iron Wolf
    • Penny Cluse Cafe
    • Splash at the Boathouse
    • Auggies Island Grill
    • Bove’s Restaurant
    • Cannon’s Restaurant
    • Four Corners of the Earth
    • Glori Nori Market & Cafe
    • Greenstreets
    • Sakura
    • Sweetwaters
    • Asiana House
    • L’Amante

  • Second Class Liquor License store renewals 2005-6

    • Bessery’s Quality market
    • Champlain Farms (315 Shelburne Rd & 219 Main St)
    • Cheese Outlet
    • Dot’s market
    • Henry Street Deli
    • Kampus Kitchen
    • Kerry’s Kwik Stop
    • Mobile Short Stop North Ave
    • Old North End Variety
    • Price Chopper #165 (License only applicable until midnight)
    • Riverside Beverage Center, Inc.
    • Rotary mart
    • Spring Discount Beverage
    • Downtown Quick Stop
    • Iron Wolf Wine
    • Wine Works

  • First Class liquor license cabaret renewals 2005-6

    • Brooks Pharmacy #834
    • Burlington Bay Market & Cafe
    • Burlington Beverage Center
    • Lucky Lance
    • Rite Aid Pharmacy of Vermont
    • Vermont Church Supply Co., Inc.
    • Waggy’s Store & Deli
    • City Market
    • Shopping Bag, Inc.


-Councilor Fiermonte: There have been complaints of adjcent area to be kept clean in the Southern part of Church St area, and he would like to see something about this implemented with the license process

-Councilor Curley: Committee should work with the Dept. of Public Works on the cleaning issue

-Councilor Montroll: 2nd Floor has had over 120 police reports, and that should effect their renewal
-Councilor McDonough: The owner of 2nd Floor has been working closely with the BPD to deteremine what does on
-Councilor Curley: Police use the nearest adresss for incidents they are called out to; moves to refer the item back to the committtee, 2nded by Councilor George


**Carleton consults with Knodell for a few moments before adding the First Class renewals (Auggie’s to L’Amante)

Mayor Clavelle & council (taking 10 minutes to fully read the resolution) gives the Key to the City to Coach Brennan, saying it,”has a second use as a bottle opener.”

Public Forum



  • Martha Lang (Colchester Ave) Opposed to giving away University Place to UVM (Clavelle smirks @ remark); not one student that she’s talked to at UVM wants the street cut off & wants vendors out, and it’s an emergency access path as well


  • Ralph Montefusco (Woodbury Rd) Applied to fill the planning commission vacancy, has been on the Ward 4 NPA steering committee since 2004, and elected Justice of the Peace this year


  • Roger Cole (Noise) hopes that the HRP will have a significant improvement to the noise problem, but agrees that it may not solve the problem


  • Monetat (Loong Chat’s) in the renewal of licenses process, could it possibly include the cleaning of trash, or maybe trash cans would help the problem
    Carleton: Referred to the liscensing committee to address the idea

Board of tax abatement


  • Request for abatement of taxes: John Shappy Sr (Elbow St – New North End) not present
    Council’s decision: Abate 50% of interest and fees, as long as it’s paid by May 2005, if not the city will follow with legal proceedings
  • Request for abatement of taxes: Lucille E Mayer (Claire Pointe Rd – Ward 4) 95 years old, recently moved to Burlington from Illinois (has trouble walking about with her cane), never saw the letter that was sent out by the city
    Councilor Shannon: Consult with lawyer that handled the paperwork, as it appears that the lawyer provided the incorrect address to the city, resulting in sending the $4,000 tax bill to an incorrect address
    Councilor George: Is there any way we can discount the fee or help her? City admin shrugs it off

    • Council almost unanimously approves to deny the abatement, with the exception of Councilor Blais; immediately after the vote, Ch. 3 reporter & Free Press approached Ms. Mayer

**Councilor Carleton’s next child is due within 1 week, so he has his cell phone on & may not be at the next council meeting on 4/18

Mayors General City Affairs


  • A rail service will start up soon, with no cost to taxpayers

Committee Reports


  • Councilor Fiermonte – Community Development & Neighborhood Revitalization

    • University Place: it’s currently being discussed by UVM and the vendors
    • Fiscal year 2006 budget will be addressed at the next meeting (4/18)

  • Councilor Perry – Parks, Arts, & Culture

    • Moran:

      • the public input process has been planned out by CEDO from now until March of next year (thanks Monte for planning it out)
      • ideas are currently being accepted, while the idea’s consequences are also being addressed
      • a ‘dotmocracy’ will be done about the ideas
      • focus groups will address the ideas singled out from the ‘dotmocracy’
      • and it will be placed on the ballot for next March, Just need the money from the budget

  • Councilor Carleton – Ordinance

    • Citizen oversight is still being hashed out in the committee

Presentation by Dept. of Public Works about Winooski River crossing sewer break


  • 2 million gallons are leaking on average per day
  • The pipe was put in place 50-55 years ago, and is still in good condition, it’s the changes in the river that have caused the pipe to leak, possibly at the joints; now there’s a possibility of 1-2 leaks
  • The first repair (done on Saturday) is only a temporary fix, as the dye tests are showing it’s starting to leak again
  • Still doesn’t know what river will do, but hoping it will be fixed within 2-3 days, as they can only have 1 diver working at a time due to the current
  • Councilor Wright: Is there a possibility that it could leak into Burlington’s water supply?
    Colder temperatures are helping prevent the bacteria from spreading
  • A wastewater plant upgrade may be necessary
  • Councilor Blais: Will the surrounding land be affected? No, as it seems to just be flowing into the river, due to the current
  • Councilor McDonough: What about the cost to the city?
    The temporary costs are covered by the Department of Public works’ wastewater budget, but may need a emergency loan from the state of Vermont

Proposed Conditions for Entertainment liscenses 2005-6


  • Hospitality Resource Panel Steering Committee

    • A pilot program to fund the Hospitality resource panel as an intermediary between the bars, and residents
    • If the establishment violates the license stipulation twice, the Burlington Police are authorized to close the establishment
    • Councilor Bushor: Were holidays or special events addressed in the process?
      No, they were not. (So, the establishments would possibly still be in violation during 4th of July)
    • Councilor Montroll: When BPD handles the complaints, is there some level of discretion on the officers? (ie if someone complains twice, can the bar be closed because of it) Yes, the BPD has discretion in their verdict
    • Councilor Shannon: What about outdoors events? (The doors/window wording shouldn’t apply) No exception to the times set
    • Councilor Fiermonte: Neighborhood residents opinions taken into consideration?
      Comprimises have been made on both sides, so no one’s fully satisfied (ie downtown residents without air conditioning in the summer & must have the windows open)
      Also residents may not call unless action have been taken by BPD or HRP

  • Public Forum

    • Doug (Former downtown resident) thanks the residents on the HRP Steering committee for their time; but no one has explained how or why the noise ordinance effects businesses; justify why the noise ordinance should not apply to downtown; rights of the residents of downtown are being violated
    • Robert (former candidate for ward 2 councilor) what about the rights of the businesses that where there before the residents moved in? (This will effect the economy)

  • Action on Public Forum

    • Councilor Curley and Wright moved to bring it back to committee
    • Councilor Montroll agrees & suggests some fine tuning
    • Motion carried by council

Program security for Youth and Vulnerable Adults (Councilors Fiermonte, Ashe, Bushor, Curley, McDonough, & Wright)


  • Requires all non-municipal organizations in Burlington to do background checks on employees
  • Passed by council

Legacy Plan Implementation for FY 2006 (Councilor Knodell & Mayor Clavelle)


  • Blais says the environmental portion needs to be clarified, and #6 needs to be based on the most instead of city wide parks
  • Moved to the meeting on May 23rd

City council with Mayor presiding


  • Councilor Knodell appointed (her) “worthy opponent” Robert Busseire to the Board of Assessors (term expires 3/31/6)

  • Councilor Ashe reappointed Richard Kemp to the Board of Assessors (term expires 3/31/8)

  • Councilor Fiermonte appointed Ralph Montefusco to the Planning commission (w/ hesitation by Wright, Curley, and Knodell for more prospects)

Meeting moved to executive session at 9:28PM

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