HomeMy WebLinkAboutAgenda - City Council - 11/10/2008 +� M BYBU .„..r rE4
J' ►. City of South Burlington
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TEL. (802) 846-4107
FAX (802) 846-4101
t'Byf�A TOWN OP'...... . TY MANAGER
CHACIR ES E. HAFTER
AGENDA
SOUTH BURLINGTON CITY COUNCIL
CITY HALL CONFERENCE ROOM
575 Dorset St
SOUTH BURLINGTON,VERMONT
Special Session 6:00pm Monday, Nov. 10, 2008
1) Comments and Questions from the public (not related to the Agenda).
2) Announcements and City Manager's Report.
3) Discussion of future plans for Police Station Site and Bond Issue.
4) Discussion of upcoming 09-10 budget; Council goals and objectives.
* 5) Review and approve the minutes from regular City Council Meeting held Oct. 6, 2008.
* 6) Review and approve the minutes from regular City Council Meeting held Oct. 20, 2008.
* 7) Reconvene as Liquor Control Board to consider Liquor License for: Price Chopper,
Hinesburg Rd; Vermont Indoor Golf, Inc., 35 San Remo Dr.
8) Adjourn
Respectfully Submitted: ariat .
Charles Hafter, City Manager
Police Station Thoughts:
1. Do we need a committee? It is my opinion the Council "owns" this problem now
and should provide the leadership.
2. Can we agree that a remodeling of City Hall for a police station is not an option?
*
10/31/08 City of South Burlington General Ledger Page 1 of 3
08:56 am Revenue Report - GENERAL FUND gloria
Current Year Period 4 Oct
s
Estimated Received Uncollected FY-08/09 MTD
Account Revenue Applied For To Date Balance Pd 4 Oct
100-02 TAX REVENUE
100-02-2000-00.00 Tax, Current Budget 8,616,959.00 0.00 -3,731,122.42 4,885,836.58 -691.08
100-02-2000-00.01 Taxes, Hgwy Spec Assessmn 0.00 0.00 0.00 0.00 0.00
100-02-2000-00.02 Taxes, Open Spaces Assess 265,500.00 0.00 -265,500.00 0.00 0.00
100-02-2000-00.03 Taxes, Ambulance Service 155,000.00 0.00 -155,000.00 0.00 0.00
100-02-2000-00.04 Taxes, Ambulance-Equip 46,893.00 0.00 -46,893.00 0.00 0.00
100-02-2000-05.00 VT Payment in Lieu of Tax 100,000.00 0.00 -36,044.00 63,956.00 -36,044.00
100-02-2000-10.00 Taxes, Other 0.00 0.00 0.00 0.00 0.00
100-02-2000-10.01 Taxes, Reappraisal/ACT 60 70,000.00 0.00 0.00 70,000.00 0.00
100-02-2050 LOCAL OPTION TAXES
100-02-2050-00.01 Local Option Tax-Sales 1,858,000.00 0.00 0.00 1,858,000.00 0.00
100-02-2050-00.02 Local Option Tax-Rooms/Me 0.00 0.00 0.00 0.00 0.00
Total LOCAL OPTION TAXES 1,858,000.00 0.00 0.00 1,858,000.00 0.00
Total TAX REVENUE 11,112,352.00 0.00 -4,234,559.42 6,877,792.58 -36,735.08
100-03 INTEREST/PENALTY ON TAX
100-03-2000-05.00 Penalty, Current & Prior 110,000.00 0.00 -36,637.80 73,362.20 545.96
100-03-2000-20.00 Interest, Current & Prior 50,000.00 0.00 -22,070.39 27,929.61 -4,056.80
100-03-2000-20.01 Interest/Reduced Assess 0.00 0.00 0.00 0.00 0.00
100-03-2000-35.00 Abatements/Write-offs 0.00 0.00 721.80 721.80 0.00
Total INTEREST/PENALTY ON TAX 160,000.00 0.00 -57,986.39 102,013.61 -3,510.84
100-04 LICENSES AND PERMITS
100-04-2100-05.00 Recording Fees 180,000.00 0.00 -47,339.00 132,661.00 -10,331.00
100-04-2100-05.01 Preservation of Records 20,000.00 0.00 -8,220.00 11,780.00 -1,576.00
100-04-2100-10.00 Photocopy Fees 30,000.00 0.00 -9,518.55 20,481.45 -1,955.25
100-04-2100-10.01 Photocopies-Vital Records 5,000.00 0.00 0.00 5,000.00 0.00
100-04-2100-15.00 Pet Licenses 8,000.00 0.00 -980.00 7,020.00 -132.00
100-04-2100-20.00 Pet Control Fees 1,300.00 0.00 -355.00 945.00 -95.00
100-04-2100-25.00 Beverage/Cabaret License 5,500.00 0.00 -450.00 5,050.00 -150.00
100-04-2100-25.01 Tobacco Licenses 0.00 0.00 0.00 0.00 0.00
100-04-2100-30.00 Fish & Game Licenses 200.00 0.00 -107.00 93.00 -86.00
100-04-2100-35.00 Marriage Licenses 1,100.00 0.00 -670.00 430.00 -100.00
100-04-2100-35.01 Civil Unions 0.00 0.00 -28.00 -28.00 -10.00
100-04-2100-40.00 Green Mountain Passports 150.00 0.00 -92.00 58.00 -14.00
100-04-2100-45.00 Entertainment Permits 100.00 0.00 0.00 100.00 0.00
100-04-2100-50.00 Motor Vehicle Renewals 5,000.00 0.00 -1,304.00 3,696.00 -320.00
100-04-2100-75.00 Attorney Fees 0.00 0.00 -2,918.57 -2,918.57 -1,445.00
100-04-2200-05.00 Returned Check Fees 0.00 0.00 0.00 0.00 0.00
100-04-2300-05.00 Building & Sign Permits 135,000.00 0.00 -96,143.04 38,856.96 -8,727.38
100-04-2300-45.00 Bianchi Ruling 0.00 0.00 -2,391.00 -2,391.00 -513.00
100-04-2500-30.00 Road Opening Permits 8,000.00 0.00 -2,100.00 5,900.00 -500.00
Total LICENSES AND PERMITS 399,350.00 0.00 -172,616.16 226,733.84 -25,954.63
100-05 FEDERAL AND STATE GRANTS
100-05-2300-40.00 Ordinance Fines 0.00 0.00 -37.50 -37.50 0.00
• 10/31/08 City of South Burlington General Ledger Page 2 of 3
08:56 am Revenue Report - GENERAL FUND gloria
Current Year Period 4 Oct
Estimated Received Uncollected FY-08/09 MTD
Account Revenue Applied For To Date Balance Pd 4 Oct
100-05-2400-05.00 Vermont District Court 180,000.00 0.00 -30,662.00 149,338.00 -7,515.00
100-05-2400-10.00 C.U.S.I. Overtime Grant 0.00 0.00 0.00 0.00 0.00
100-05-2500-05.00 Highway State Aid 190,000.00 0.00 -75,101.61 114,898.39 0.00
100-05-2800-35.00 Program Grants 0.00 0.00 0.00 0.00 0.00
Total FEDERAL AND STATE GRANTS 370,000.00 0.00 -105,801.11 264,198.89 -7,515.00
100-06 CHARGES FOR SERVICES
100-06-2200-10.00 Ambulance Service 0.00 0.00 0.00 0.00 0.00
100-06-2200-25.00 Airport Fire/Police Svces 0.00 0.00 0.00 0.00 0.00
100-06-2200-55.00 Rental of Property 0.00 0.00 0.00 0.00 0.00
100-06-2200-60.00 Misc.Revenue-Fire Dept. 0.00 0.00 0.00 0.00 0.00
100-06-2200-70.00 Sale of Fire Equipment 0.00 0.00 0.00 0.00 0.00
100-06-2300-10.00 Zoning and Planning 45,000.00 0.00 -14,174.00 30,826.00 -2,850.00
100-06-2300-15.00 Sewer Inspection Fees 2,000.00 0.00 -574.00 1,426.00 -75.00
100-06-2300-20.00 Peddlers' Permits 1,000.00 0.00 -375.00 625.00 0.00
100-06-2400-15.00 Sale of Cruisers 0.00 0.00 0.00 0.00 0.00
100-06-2400-25.00 Police Reports 5,600.00 0.00 -3,483.00 2,117.00 -1,190.00
100-06-2400-35.00 Criminal Investigations 0.00 0.00 0.00 0.00 0.00
100-06-2500-35.00 Cemetery Trust 300.00 0.00 0.00 300.00 0.00
100-06-2500-40.00 Highway Equipment Rental 0.00 0.00 0.00 0.00 0.00
100-06-2500-45.00 Fuel Pump Surcharge 8,200.00 0.00 -1,995.73 6,204.27 -524.96
100-06-2500-55.00 Sale of Hgwy Equipment 0.00 0.00 0.00 0.00 0.00
100-06-2500-60.00 Hgwy Miscellaneous Revnue 0.00 0.00 0.00 0.00 0.00
100-06-2600-05.00 Pelletizing Plant Lease 0.00 0.00 -1.00 -1.00 0.00
100-06-2600-10.00 Pelletizing Envir. Fees 0.00 0.00 0.00 0.00 0.00
100-06-2600-15.00 Pelletizing Impact Fees 0.00 0.00 0.00 0.00 0.00
100-06-2600-20.00 Pelletizing Product Fees 0.00 0.00 0.00 0.00 0.00
100-06-2600-25.00 HazMat Facility Rnt/Pilot 19,200.00 0.00 -4,332.04 14,867.96 0.00
Total CHARGES FOR SERVICES 81,300.00 0.00 -24,934.77 56,365.23 -4,639.96
100-07 FINES
100-07-2200-65.00 Fire Alarm Penalties 0.00 0.00 0.00 0.00 0.00
100-07-2200-70.00 Other Fire Penalties 0.00 0.00 0.00 0.00 0.00
100-07-2300-25.00 Zoning Violations 0.00 0.00 0.00 0.00 0.00
100-07-2400-20.00 Parking Tickets 1,000.00 0.00 -516.00 484.00 -114.00
100-07-2400-40.00 Firearm Violations 0.00 0.00 0.00 0.00 0.00
100-07-2400-65.01 Alarm Registrations 11,000.00 0.00 0.00 11,000.00 0.00
100-07-2400-65.02 Alarm Fines 4,000.00 0.00 0.00 4,000.00 0.00
Total FINES 16,000.00 0.00 -516.00 15,484.00 -114.00
100-08 EARNINGS ON INVESTMENTS
100-08-2200-35.00 Interest on Investments 180,000.00 0.00 -41,496.46 138,503.54 0.00
100-08-2200-40.00 Interest Income 0.00 0.00 0.00 0.00 0.00
Total EARNINGS ON INVESTMENTS 180,000.00 0.00 -41,496.46 138,503.54 0.00
100-09 MISCELLANEOUS
10/31/08 City of South Burlington General Ledger Page 3 of 3
08:56 am Revenue Report - GENERAL FUND gloria
Current Year Period 4 Oct
r
Estimated Received Uncollected FY-08/09 MTD
Account Revenue Applied For To Date Balance Pd 4 Oct
100-09-2200-15.00 Non-Profit Leases 0.00 0.00 0.00 0.00 0.00
100-09-2200-20.00 Miscellaneous 0.00 0.00 0.00 0.00 0.00
100-09-2200-25.00 Administrative Services 55,800.00 0.00 -27,667.00 28,133.00 -6,917.00
100-09-2200-30.00 F.I.C.A. Reimbursement 0.00 0.00 0.00 0.00 0.00
100-09-2200-35.00 Tax Sales' Excess 0.00 0.00 0.00 0.00 0.00
100-09-2200-40.00 Insurance Reimbursements 0.00 0.00 0.00 0.00 0.00
100-09-2200-40.05 Retirement Health Benefit 0.00 0.00 0.00 0.00 0.00
100-09-2200-45.00 Workers' Comp. Reimburse. 0.00 0.00 0.00 0.00 0.00
100-09-2200-50.00 Jury Duty Stipends 0.00 0.00 0.00 0.00 0.00
100-09-2700-10.00 O'Brien Center Receipts 500.00 0.00 65.00 565.00 -25.00
100-09-2700-15.00 J/C Park Lighting Rec. 200.00 0.00 0.00 200.00 0.00
100-09-2700-20.00 Tennis Class Receipts 3,000.00 0.00 -3,693.00 -693.00 0.00
100-09-2700-30.00 Red Rocks Gate Receipts 5,500.00 0.00 -4,463.00 1,037.00 0.00
100-09-2700-40.00 Youth Programs 22,000.00 0.00 -12,466.02 9,533.98 1,724.42
100-09-2700-45.00 Adult Evening Classes 4,400.00 0.00 -4,728.00 -328.00 788.00
100-09-2700-50.00 Vermont Track Meet 0.00 0.00 0.00 0.00 0.00
100-09-2800-05.00 Library Lost Books 0.00 0.00 0.00 0.00 0.00
100-09-2800-05.01 Late Book Charges/Fines 2,000.00 0.00 -338.00 1,662.00 0.00
100-09-2800-10.00 Non-Resident Fees 0.00 0.00 0.00 0.00 0.00
100-09-2800-15.00 Blanchette Gift 6,900.00 0.00 0.00 6,900.00 0.00
100-09-2800-20.00 C/L Photocopies 0.00 0.00 0.00 0.00 0.00
100-09-2800-25.00 Early Opening Reimburse 0.00 0.00 0.00 0.00 0.00
100-09-2900-25.00 Temporary Loan/Jumbo Fund 0.00 0.00 0.00 0.00 0.00
Total MISCELLANEOUS 100,300.00 0.00 -53,290.02 47,009.98 -4,429.58
100-20 BOND AND LOAN PROCEEDS
100-20-2900-15.00 Notes and Bond Income 0.00 0.00 0.00 0.00 0.00
Total BOND AND LOAN PROCEEDS 0.00 0.00 0.00 0.00 0.00
100-21 OPERATING TRANSFERS IN
100-21-2000-40.00 Applied Surplus-Gen.Fund 201,000.00 0.00 0.00 201,000.00 0.00
100-21-2000-45.00 Open Spaces Fee/Transfer 0.00 0.00 0.00 0.00 0.00
100-21-2000-50.00 Recreat'n Impact Fee/Trsf 0.00 0.00 0.00 0.00 0.00
100-21-2000-99.00 Operating Trsf In-Rec Imp 97,795.00 0.00 0.00 97,795.00 0.00
100-21-2000-99.01 Operating Trsf In-Rec Imp 15,000.00 0.00 0.00 15,000.00 0.00
100-21-2000-99.02 Operating Trsf In-Ambulan 0.00 0.00 0.00 0.00 0.00
100-21-2500-99.00 Cemetery Trust Trsfr in 0.00 0.00 0.00 0.00 0.00
100-21-2800-99.00 Blanchette Gift Trsf In 0.00 0.00 0.00 0.00 0.00
100-21-2999-99.00 Operating Transfers In 0.00 0.00 0.00 0.00 0.00
100-21-9999-00.00 Operating Transfers In 0.00 0.00 0.00 0.00 0.00
Total OPERATING TRANSFERS IN 313,795.00 0.00 0.00 313,795.00 0.00
Total GENERAL FUND 12,733,097.00 0.00 -4,691,200.33 8,041,896.67 -82,899.09
Total All Funds 12,733,097.00 0.00 -4,691,200.33 8,041,896.67 -82,899.09
City of South Burlington
Analysis of Cost Drivers to City Budget 2009/2010 -Preliminary 11/10/08
Budget Budget
2008/09 2009/10 Adjust %Ad(
Salaries (1) 6,224,534 6,380,174 155,640 2.50%
Insurance-Health Premiums (2) 1,359,866 1,563,846 203,980 15.00%
Insurance-Liability,Workers Comp.,P&G (3) 620,056 638,658 18,602 3.00%
Pension Contribution 1,036,128 1,273,356 237,228 22.90%
New Budget Items:
New Public Works Equipment-New Debt Service
Freightline Dump Truck purchased in 2008/09(1of5) - 23,030 23,030 100.00%
New Fire Trucks-New Debt Service - 189,758
Less: Transfer Fire impact fees - (20,000)
Less: Transfer Rooms and Meals LOT reserves - (123,258)
Balance from property tax - 46,500 46,500 100.00%
SAFER Grant-Fire personnel 302,984 316,316
Less: Grant Proceeds (227,700) (202,380)
Less: Transfer Sales Tax LOT revenue (75,284) (56,936)
Balance from property tax - 57,000 57,000 100.00%
9,240,584 9,982,564 $ 741,980 8.03%
Net Collected from Property Tax $ 10,966,385 $ 741,980 6.77%
Grand List estimated 26,504,741 26,750,000
CPI Adjustment(estimated at 3.5%) $ 383,823 3.50%
Increase tax due to growth in grand list. 109,664 1.00%
Projected tax increase to fund remaining 248,492 2.27%
$ 741,980
Notes:
(1) Salaries annualized,police contract Avg.2.7%,all others estimated at 2.5%
(2) Health Insurance premiums(net of 10%employee max.)-projected 15%increase
(3) All rates expected to be flat,except police liability at 78%increase.
VERMONT DEPARTMENT OF TAXES
2008 Local Option Meals Tax - So. Burlington Information
QUARTER RETURNS TAX 70% OF TAX MINUS FEE TOWN CHECK
QTR. ENDING PROCESSED COLLECTED COLLECTED ($10.80/rtn x 70%) AMOUNT
4 12/31/07 358 $283,011.76 $198,108.23 $2,706.48 $195,401.75
1 03/31/08 347 $264,820.57 $185,374.40 $2,623.32 $182,751.08
2 06/30/08 394 $312,728.34 $218,909.84 $2,978.64 $215,931.20
3 09/30/08 374 $338,726.23 $237,108.36 $2,827.44 $234,280.92
1,473 $1,199,286.90 $839,500.83 $11,135.88 $828,364.95
VERMONT DEPARTMENT OF TAXES
2008 Local Option Sales Tax - So. Burlington Information
QUARTER RETURNS TAX 70% OF TAX MINUS FEE TOWN CHECK
QTR. ENDING PROCESSED COLLECTED COLLECTED ($10.80/rtn x 70%) AMOUNT
4 12/31/07 2,101 $776,825.37 $543,777.76 $15,883.56 $527,894.20
1 03/31/08 2,027 $879,625.10 $615,737.57 $15,324.12 $600,413.45
2 06/30/08 2,146 $943,147.82 $660,203.47 $16,223.76 $643,979.71
3 09/30/08 2,412 $856,391.07 $599,473.75 $18,234.72 $581,239.03
8,686 $3,455,989.36 $2,419,192.55 $65,666.16 $2,353,526.39
2008/09 Budget 1,858,000.00
$495,526.39
r v
CITY COUNCIL 6 OCTOBER 2008
The South Burlington City Council held a regular meeting on Monday, 6 October
2008, at 7:00 p.m., in the Conference Room, City Hall, and 575 Dorset St.
Members Present: C. Smith, Chair; S. Magowan, M. Boucher, S. Dooley, M. Emery
Also Present: C. Hafter, City Manager; T. Whipple, Chief of Police &other members of
Police Department; S. Stitzel, City Attorney; P. Conner, Director of Planning &Zoning;
R. & Dr. J. Larsen, K. Donahue, C. Shaw, L. Bresee, S. Dopp
1. Comments & Questions from the Audience not related to Agenda items:
No issues were raised.
2. Announcements & City Manager's Report:
Ms. Dooley: Was in touch with consultant for this area regarding underage drinking.
This is more than a driving issue. There is an underage drinking reporting line in
Vermont. Research says DARE is not effective in controlling this problem.
Mr. Magowan: Has been appointed Treasurer of CCTA and will be working to prepare
their next budget.
Mr. Hafter: The Social Responsibility Committee will meet this week and will present a
proposal at the 20 October meeting.
The City Center Real Estate Committee will meet on 14 October, 6:30 p.m.
Chuck will be attending the Town & City Managers' Conference with Mr.
Gravelin on 16-17 October in Dover, VT.
Personal safety expert Ken Wooden will be speaking on 14 October, 7-9 p.m. His
topic will focus on what middle and high school students need to know to keep them safe.
The South Burlington Energy Committee will host an event with"Button Up
Vermont: to advise people on how to secure their houses for winter, including low-
interest loans for retrofitting, 27 October at the Middle School Cafeteria.
The next agenda(20 October) will include a discussion on the Sign Ordinance,
the new Tree Ordinance, and a continued discussion on the Police building.
Mr. Hafter then asked Chief Whipple to summarize events surrounding the fatal car crash
in South Burlington over the weekend.
CITY COUNCIL
6 OCTOBER 2008
PAGE 2
Chief Whipple said the accident occurred at about 2 a.m. on Saturday and resulted in
terrible outcomes for several of young people. He added that he was confident there will
be some arrests soon. Investigators are trying to piece together where the vehicle started
from. The Chief was also confident all officers did what they should have done.
Ms. Emery asked if any UVM students were involved. The Chief said there were not,but
there were some UVM student witnesses who provided good information about the crash.
Ms. Dooley asked if any of the occupants of the vehicle were wearing seatbelts. Chief
Whipple said not to the best of his knowledge. One victim was thrown from the car and
killed. The Chief felt there would have been fewer injuries if seatbelts had been used.
Chief Whipple also advised that counseling is being provided to the officer involved.
Mr. Hafter thanked the Police and Firefighters and said the City appreciates what they
have to go through.
3. Public Hearing on Amendment to Sign Ordinance to lower frontage
requirements from 250 to 249 feet for additional 5 square foot sign
allowance; second reading of same:
Mr. Smith opened the public hearing.
Mr. Shaw spoke against the proposed amendment on the basis of its narrow focus. He
noted there are residences directly across the street in this neighborhood which borders
on the Southeast Quadrant. He also noted this location is at the entryway to South
Burlington and the sign would be the first thing people would see upon entering the City.
He felt the impact of the sign could be mitigated to be more in character with the
residential neighborhood and added that the box-like building was already out of
character with the area. He noted that there have been 2 signs on the property which
block the view of traffic coming on Hinesburg Rd.
Mr. Shaw also said that the building caters to people seeking selective surgery and are
therefore younger people who shouldn't have trouble seeing a slightly smaller sign.
Mr. Larsen said there are 2 businesses in the building, Vermont Eye Associates and
Vermont Eye Laser. The former serves 60%Medicare patients and does cataract surgery
on people 65 and older, some as old as 95. Vermont Eye Laser does elective surgery one
day a week
Mr. Larsen took exception to labeling the building as a"box." He thought the building
was attractive and that the sign reflects the character of the building.
CITY COUNCIL
6 OCTOBER 2008
PAGE 3
Mr. Larsen said that when they first approached the city they asked for an exception to
the regulation based on visually impaired criteria. He said there is a precedent for this
(e.g., Braille lettering in elevators). It was the City Council who thought to reduce the
frontage requirement. Mr. Larsen said the goal is safety for the people they serve.
Dr. Larsen advised that the building is 60% occupied with eye-related practices. People
often don't have perfect vision when they come to the building, and they need a sign that
patients can see. She added that traffic moves fast on Hinesburg Rd.
Mr. Larsen said they will do whatever is reasonable to work with the city.
Mr. Boucher moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Ms Emery said she had supported the reduction in frontage with reluctance. She
suggested a State Highway Notice sign to draw attention to the building's location. Mr.
Hafter said those signs can be used only for locations on an adjacent street.
Ms. Emery suggested doing something with color on the sign. She didn't feel that a
slight increase in the square footage would make it more visible. Mr. Magowan agreed.
He was also concerned with the "slippery slope"possibility.
Ms. Emery suggested a boundary adjustment, since less than a foot is needed to meet the
frontage requirement for a larger sign. Mr. Larsen said that could be expensive but
agreed to look into it.
Members felt the boundary adjustment was the better path to take. There was no motion
to approve the Second Reading.
4. Public Comment on Action to Allocate $125,000 from the Rooms & Meals
Reserve Fund to 2009 Budget to pay for emergency repairs to City Hall:
Mr. Hafter reviewed the history of the item and noted that repairs included fixing the
mezzanine roof($16,577); work on interior walls ($31,000), and main roof retrofit
($75,000).
Kevin Donahue said this was the "best money the City ever spent."
Mr. Magowan moved to approve the transfer of$125,000.00 from the capital reserve
fund for emergency repairs to City Hall as outlined in Mr. Gravelin's memorandum of 1
July 2008. Ms. Dooley seconded. Motion passed unanimously.
CITY COUNCIL
6 OCTOBER 2008
PAGE 4
5. Discussion & Comments regarding Town Meeting, 2 October 2008:
Ms. Emery said she got an e-mail from a citizen about the great job done at the
Forum. She asked why there was no Free Press coverage. Mr. Hafter advised that the
Free Press reporter assigned to South Burlington had left her job just that afternoon, so it
was an issue of unfortunate timing.
Ms. Emery suggested emphasizing the annual cost to homeowners instead of the total
project cost. She hoped that before the vote the "what ifs" are laid out to voters. She
asked if interest rates could be subject to change given the existing credit crisis. Mr.
Hafter said absolutely.
Ms. Emery asked about the stormwater issues on the current site. Mr. Hafter explained
that the original plan included tanks under the building to store water. This is no longer
an acceptable solution under State stormwater regulations. The City would have to work
with the Federal Government to get a stormwater pond in the Interstate right-of-way, and
they generally do not support this.
Ms. Dooley asked what will happen to the boarded up home at Dorset/Swift Streets. Mr.
Halter said it will be demolished. All the asbestos had to be removed and now they have
to get air quality permits in order for the Fire Department to burn it as a training exercise.
It may be just be torn down if too unsafe to burn.
Ms. Dooley felt that no matter how the City Hall site is used, they would have to comply
with stormwater regulations. Mr. Boucher said that would happen only with the need for
a larger building with more parking. There should be no issue with renovating the
existing building for other uses.
Mr. Boucher felt it was very regrettable that people talked about the loss of 6 acres of
land but nobody talked about the awful working conditions for the Police in their existing
facility. He also felt that there were questions the Police Facility Committee should have
answered. Mr. Magowan agreed. He noted that not a single person thanked the Police.
He also noted that the Police Department was "very demoralized" after the meeting. He
added that he thought it would be hard to come up with an item for the March ballot if the
Calkins vote fails. Mr. Magowan said that it would then be an"off-election"vote. He
asked if there isn't a piece of better land the City could buy to preserve for the $3.5
million difference.
Ms. Emery cited the need for signs on other public open space land.
CITY COUNCIL
6 OCTOBER 2008
PAGE 5
Mr. Donahue felt the format of the public forum favored the negative view and that the
Committee had answers they had no way to get out.
Members of the audience complemented the City for the presentation. One person cited a
difference between concern for land and concern for people.
Mr. Wilbur said the Committee worked over a year and could not come up with another
piece of property that would meet the needs of the Police Department. He felt it would
take another 2 years to get another committee and another plan. He added that the City
needs to focus on people who work for and protect the community.
Ms. Dopp felt it was still possible to save the Calkins property and give the Police a
facility. She felt there should be planning for temporary facilities now.
6. Discussion with City Attorney regarding Act 250 "agricultural mitigation"
land and preserved Open Space:
Mr. Stitzel said the property the city acquired in 1987 was in connection with an Act 250
approval of the Oak Creek subdivision. It addressed the issue of development of
agricultural land, and the developer was required to deed 12 acres of land to the city. The
City paid $185,000 for 28 acres of land. The deed to the city was free and clear of
restrictions from the prior landowner.
The question has been raised as to whether that land is already"conserved,"making the
city's offer to conserve it questionable. Mr. Stitzel said that land is subject to Condition
#15 of the Act 250 approval. He stressed that a restriction related to a permit is not
permanent and can be changed at the will of the appropriate people.
In 2006, the Legislature made a very significant relaxation of the Act 250 restrictions.
Mr. Stitzel provided members with the language added at that time. This has created a
new set of legal standards as relates to protection of agricultural soils. There is now a
question as to whether this land is protected in the future, and this would have to be
decided between the City of South Burlington and the Environmental Court.
Mr. Smith said that the City's action to designate this land as "open space" would further
conserve it as opposed to its status at this time.
Mr. Stitzel said that all the land under discussion(i.e., Calkins, etc.)was purchased at or
fair market value. It is an asset to the City. Voters of the City ultimately have the
decision as to what to do with assets of the City. Courts are reluctant to let some
decisions be made to restrict voters or future City Councils, as they may have different
goals and objectives.
CITY COUNCIL
6 OCTOBER 2008
PAGE 6
Mr. Stitzel noted that the City could take land bought in 1987 for$185,000 and with the
approval of the voters donate it to the Vermont Land Trust. Mr. Magowan noted that the
Trust could then sell the land. Mr. Stitzel said they could but with many restrictions. Mr.
Magowan asked about an arrangement like a"stewardship committee."
Mr. Stitzel said if the City is interested in that, it would require an amendment of the City
Charter to create such a panel and then authorize the voters to place land under that
stewardship.
Mr. Donahue asked whether the City, if it went through the permitting process, could
build something on the land in question. Mr. Halter said that is possible.
Members then discussed an appropriate response to the letter from Michael Mittag on this
subject.
7. Discussion of Council Protocol regarding media contacts:
Ms. Emery was concerned with Council members saying they represented the opinion of
others. She said she had never supported the Calkins site and that her vote had a caveat
attached to it.
Mr. Smith said that was what the vote had been about. He said the first vote was to
accept the report of the committee and thank them for their work. The second vote was
to support their recommendation. He noted that Ms. Emery voted in the affirmative for
both.
Ms. Emery said she only voted to the issue to a vote by the public. She added that
nowhere in the Minutes does it say she supported the site.
Mr. Boucher said that he has caveats on just about everything the Council votes on.
Mr. Smith said that when he wrote the Resolution,his intent was an endorsement of the
site.
Mr. Stitzel said that under the law, Minutes are supposed to reflect votes and actions
taken. He said that he had understood the vote was an endorsement of the plan.
Mr. Magowan then moved that the City Council support a"yes"vote on the Calkins
property at the 4 November 2008 election. Mr. Boucher seconded. The vote on the
motion was 3-1 with Ms. Dooley opposing and Ms. Emery abstaining.
CITY COUNCIL
6 OCTOBER 2008
PAGE 7
Mr. Magowan then moved to support bringing the Calkins property vote to the public on
4 November 2008. Mr. Boucher seconded. Motion passed 4-1 with Ms. Dooley
opposing.
Questions were then raised as to the use of the "Front Porch Forum,"what is appropriate
for City Council members to ask of staff, Counselors roles as a Council and as individual
City Counselors, etc. Members agreed to table the discussion until after the election.
8. Discussion of Council policy regarding vacancies and applications to City
Boards and Committees:
Mr. Hafter asked whether members wanted to advertise positions which incumbents have
indicated they are willing to hold again.
Ms. Dooley said the City of Burlington does this. Mr. Magowan suggested seeing if the
League of Cities and Towns has a protocol on this.
Mr. Magowan was concerned that there is no "assessment process." He said this applies
to the MPO and Regional Planning Commission as well. He asked Mr. Hafter to research
this.
A member of the audience felt that the Burlington process was very political and made
appointments based on political parties.
9. Consideration of Approval of Application to CCMPO for Transportation
Action Grant:
Mr. Conner said grants up to $250,000 are available for"creative ideas on using
transportation planning funds." He noted that the Planning Commission would like to
work on how Williston Rd. would be implemented into the City Center. He said there are
some very creative elements to this with benefits to the city, including possible revision
of site plan regulations to support walkable communities,more hidden parking areas,
height regulations, etc.
Ms. Emery asked about traffic pattern studies. Mr. Conner said that can be very
expensive. He cited recent studies on Route 2, Dorset St. and Spear St.
Mr. Magowan moved to approve the request to apply for a$50,000 transportation
planning grant. Mr. Boucher seconded. Motion passed unanimously.
CITY COUNCIL
6 OCTOBER 2008
PAGE 8
10. Consideration for Capital Equipment Refunding Notes for Police Copier and
Cruiser:
Mr. Halter said the note is at 2.95% and funds are in the budget.
Mr. Boucher moved to approve the refunding notes and accompanying documents for the
Police copier and cruiser as presented. Ms. Emery seconded. Motion passed
unanimously.
11. Review Development Review Board Agenda for meeting on 7 October 2008:
No issues were raised.
12. Review and Approve Minutes of 15 September 2008:
Ms. Emery said that on p. 1, under announcements,the word"will" should be "could"
and the word "digital" should precede "channels."
Mr. Boucher moved to approve the Minutes of 15 September as amended. Mr. Magowan
seconded. Motion passed unanimously.
13. Sign Disbursement Orders:
Disbursement orders were signed.
14. Executive Session:
Mr. Boucher moved that the Council meet in Executive Session to discuss real property
acquisition and appointments to Boards and Committees. Mr. Magowan seconded.
Motion passed unanimously.
15. Regular Session:
The Council returned to regular session. Mr. Boucher moved adjournment. Ms. Emery
seconded. The meeting adjourned at 11:OOpm.
Clerk
City of South Burlington
Policy and City Services
Space Options
Alternative 1 Police 575 Dorset St City Hall Rooms&Meals Net Bonded
Station Renovation in City Center Savings Debt
City Hall Move Immediately
Dedicated 500k per year of Rooms and Meals Tax to Debt Service
12,000,000 - 6,000,000 (1,500,000) 16,500,000
Sq Ft 28,000 - 15,000 43,000
Cost per Sq Ft 429 400 384
5.0%
Principal Interest Total Dedicated Net Property
Reduction Expense Payments R&M Proceeds Tax Expense
Total 16,500,000 8,662,500 25,162,500 10,000,000 15,162,500
Net Present Value 16,500,000 6,231,105 10,268,895
Alternative 2 Police 575 Dorset St City Hall Rooms&Meals Net Bonded
Station Renovation in City Center Savings Debt
No City Hall Move
Dedicated 500k per year of Rooms and Meals Tax to Debt Service
10,500,000 3,000,000 - (1,500,000) 12,000,000
Sq Ft 28,000 17,000 - 45,000
Cost per Sq Ft 375 176 267
5.0%
Principal Interest Total Dedicated Net Property
Reduction Expense Payments R&M Proceeds Tax Expense
Total 12,000,000 6,300,000 18,300,000 10,000,000 8,300,000
Net Present Value 12,000,000 6,231,105 5,768,895
Alternative 3A Police 575 Dorset St City Hall Rooms&Meals Net Bonded
Station Renovation in City Center Savings Debt
City Hall move in 5 years-Flexible
Dedicated 500k per year of Rooms and Meals Tax to Debt Service
10,500,000 2,000,000 8,000,000 (1,500,000) 19,000,000
Sq Ft 28,000 17,000 15,000 60,000
Cost per Sq Ft 375 118 533 317
5.0%
Principal Interest Total Dedicated Net Property
Reduction Expense Payments R&M Proceeds Tax Expense
Total 19,000,000 7,312,500 26,312,500 10,000,000 16,312,500
Net Present Value 16,310,167 6,231,105 10,079,061
Alternative 3B Police 575 Dorset St Additional 575 Dorset Rooms&Meals Net Bonded
Station Renovation Renovation Savings Debt
After 5 years decide City Hall does not move-Invest Incremental 2m for more permanent solution
Dedicated 500k per year of Rooms and Meals Tax to Debt Service
10,500,000 2,000,000 2,000,000 (1,500,000) 13,000,000
Sq Ft 28,000 17,000 - 45,000
Cost per Sq Ft 375 118 289
5.0%
Principal Interest Total Dedicated Net Property
Reduction Expense Payments R&M Proceeds Tax Expense
Total 13,000,000 6,150,000 19,150,000 10,000,000 9,150,000
Net Present Value 12,303,986 6,231,105 6,072,881
CITY COUNCIL 20 OCTOBER 2008
The South Burlington City Council held a regular meeting on Monday, 20 October
2008, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St.
Members Present: C. Smith, Chair; S. Magowan, M. Boucher, S. Dooley, M. Emery
Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; T.
Whipple, Police Chief; P. Conner, Director of Planning & Zoning; C. LaRose, Planning
Department; C. Lambert, City Arborist; M. Ambusk, Natural Resources Committee; L.
Bresee, J .& M. Zaetz, H. & M. Rivers
1. Comments & Questions from the Audience not related to Agenda items:
Mr. Bresee asked that regardless of the vote on the Calkins property the public be given a
list of all requirements for a police station, some kind of analysis of what the police
station has today, and what is needed for today's policing standards. He felt this was
more important than just a square foot number.
2. Announcements & City Manager's Report:
Ms. Emery: gave Mr. Hafter an article about closing roads which has been found to help
with traffic by making driver's more polite.
Ms. Emery gave members an article regarding Election Day and schools. She
noted that there is a plan in place in South Burlington.
At the City Center Real Estate Committee meeting there was concern raised as to
whether the razing of Central School should be in Phase I or later. She was concerned
that there are now "nay-sayers" who should have been at the table earlier.
Noted receipt of a memo from VLCT asking for support of a Resolution regarding
State highway funding.
Ms. Dooley: Her neighbor Mitzi has completed a quilt square for the VLCT quilt project.
She suggested this be presented to the City Council and possibly used on the cover of the
annual report. Mr. Bresee suggested it be exhibited at the quilt show on Nov. 7-8.
Mr. Boucher: Regarding the City Center Real Estate Committee meeting, the razing of
Central School is not imminent, and that decision will rest with the School Board and
what makes sense to them based on economics and what is good for students. He noted it
is hard to get people involved when things are in a "concept stage." Ms. Emery said
CITY COUNCIL
20 OCTOBER 2008
PAGE 2
the consultant, who was paid a lot of money for his plan, said it was in Phase I. Mr.
Boucher stressed that this is not a foregone conclusion. Mr. Hafter said staff was told
Central School razing was not in Phase I. Mr. Boucher explained that the fields and
parking lot are shown in Phase I, and you can't have a school without them.
Mr. Hafter: The School District will host an event devoted to "Youth Risk Behaviors" on
11 November, 7-8:30 p.m., in the High School Cafeteria.
The Chamber of Commerce Legislative Breakfast Series will take place on 2
January, 9 February, and 16 March. Council members are invited to attend. The City's
Legislative Breakfast series will take place on 5 January, 2 February, and 9 March.
The next Steering Committee meeting will be on 17 November, 6 p.m., preceding
the City Council meeting.
3. Consideration of Approval of Recommendation from City Services Fund
Committee on allocation of Social Services funding for FY 2009:
Mr. Hafter said the Committee consisted of Dan O'Rourke and Roz Saunders with
himself and Tom Hubbard also in attendance.
The Committee approved $46,000 in funding, with a little more emphasis given to
"survival needs" and the City Manager's "Special Needs Fund."
Mr. Hafter noted that a request for input from the Family Center received no response,
and he recommended their funds not be released until the Council is provided with
information on how those funds are used.
Mr. Smith stated that he was not sure it is the City's job to allocate tax dollars to these
services. He didn't feel the Family Center should be funded if they can't submit required
information.
Mr. Boucher said he has the same concerns about funding these requests.
Ms. Emery noted that the Federal Government funds social services with tax money. She
felt there is a benefit to the community.
CITY COUNCIL
20 OCTOBER 2008
PAGE 3
Members agreed to hold the philosophical discussion at budget time.
Mr. Boucher then moved to approve the list of recommendations for social services
funding with the exception of the Family Center for a total of$40,000. Ms. Dooley
seconded. Motion passed 4-1 with Mr. Boucher voting against.
4. Council Discussion of Citizen Request for City Legal Services to Draft a Charter
Amendment:
Mr. Zaetz said people have asked him to have a petition for South Burlington to have a
full-time paid Mayor with an Assistant Mayor appointed by the Mayor and City Council.
He asked for the help of the City Attorney to write the petition correctly.
Mr. Boucher suggested the petition be drafted, indicating what people want, what style of
government they want, etc., and then have it reviewed by the City Attorney. Mr.
Magowan agreed and expressed concern with not providing an "open checkbook" for use
of the City Attorney's time.
Ms. Dooley suggested people contact Steve Jeffreys at the VLCT who is very
knowledgeable about different forms of local government.
Mr. Zaetz said they would do the best they can and then give their efforts to the City
Attorney to review.
Mr. Zaetz reported on Veteran's Day activities. There will be a celebration at 10 a.m. on
November 11 at the High School with Major Dubie as speaker. The public is invited.
Eventually, Mr. Zaetz noted, they would like to erect a veterans' memorial in Dorset Park.
5. First Reading of Proposed South Burlington Tree Ordinance; schedule second
reading of same:
Ms. LaRose introduced Arborist Craig Lambert and Marie Ambusk of the Natural
Resources Committee. She noted that the first trees in the City Nursery were planted this
year.
The proposed Ordinance has been reviewed by the Planning Commission and City
Attorney. This is a first step in having the city apply for a "Tree City USA" designation.
CITY COUNCIL
20 OCTOBER 2008
PAGE 4
Mr. Lambert said the proposed Ordinance is an amalgamation of a number of different
ordinances. Ms. LaRose added they were very careful of"private property rights."
The structure for appeals, etc., is similar to the Sign Ordinance.
Mr. Boucher said this will take a huge educational process. Ms. LaRose stressed that
there will always be warnings before people are cited. Members felt 10 days was too
short a warning period and amended it to 21 calendar days. There would be a provision
for more immediate action when public safety is involved.
Ms. Dooley suggested language to indicate that notice would be given to property owners
before someone goes on their property.
Mr. Hafter indicated that the positions of"Tree Warden" and "City Arborist" will
probably be combined.
Mr. Magowan moved to waive the first reading and set a public hearing for 17 November
2008. Ms. Emery seconded. Motion passed unanimously.
6. Discussion and Presentation of Sign Ordinance Compliance:
Mr. Conner noted that on 3 June 2009, a provision of the Sign Ordinance kicks in
requiring that all signs be in conformance with the Ordinance. Any sign which does not
conform would be in violation. He noted that businesses were given a 7-year grace
period in which to comply, thereby allowing amortization of existing signs. The Sign
Ordinance addresses all types of signs. The Administrative Officer oversees
enforcement.
Free-standing Signs: 32-40 sq. ft. with additional square footage allowed based on lot
frontage. 5-foot setback from public right-of-way(larger ones back further), maximum
15-foot height, one sign per street entrance (minimum 300 feet apart).
Wall Signs: 15% of face of building or 100 sq. ft., whichever is less; 5% of principal
facade for all signs.
The purposes of the sign ordinance include: safety(reducing accidents from distractions),
avoiding an "advertising arms race," and providing equal advertising opportunity for
CITY COUNCIL
20 OCTOBER 2008
PAGE 5
businesses.
Mr. Conner noted that 529 sign permits have been issued since 3 June 2002. All of these
are in compliance. When existing signs were replaced, the new signs were either in
compliance or closer to compliance.
The main issues that will be faced in June 2009 include signs that are too big or too tall,
signs too close to the road or situation where are there too many signs on a property. Mr.
Conner showed slides illustrating these conditions. He estimated that about 10 - 15% of
signs in the city are not in compliance, some of which are close to compliance. About 20
signs are clearly in violation.
The Planning Department recommends the following strategy for enforcement of the
Ordinance:
1. Provide advance notice:
a. letter to commercial property owners
b. host a question/answer session
c. post info on website
d. article in The Other Paper
Mr. Boucher suggested a certified letter to the major violators.
2. Enforcement Options:
a. do nothing until a business come in to change a sign
b. work with owners to resolve issues; enforce when necessary
3. Recommendations:
a. be proactive
b. begin with most clear problems
c. personal contact/assistance
d. be flexible, support good-faith efforts
e. be equitable by land use type (e.g., gas stations)
f. hire a part time intern to support Administrative Officer with outreach,
photos, letters, etc.
CITY COUNCIL
20 OCTOBER 2008
PAGE 6
Mr. Conner stressed that they will not create a liability by having City employees climb
signs to measure, etc.
7. Consideration of Approval to Apply for $15,000 Municipal Planning Grant:
Mr. Conner noted they City has been successful in the past in obtaining these grants and
has done a number of projects including Comprehensive Plan revision, rebranding, and a
build out analysis.
This year, the Department would like to apply for a grant to complete work on the
Comprehensive Plan.
No matching funds are required,just City Council approval.
Mr. Magowan moved to approve the application for a $15,000, Municipal Planning
Grant. Ms. Emery seconded. Motion passed unanimously.
8. Review Agenda for DRB meeting of 21 October 2008:
No issues were raised.
9. Minutes of City Council/Town Meeting of 2 October 2008:
It was noted that on p. 4, the words "urban care" should read "urban core."
Mr. Magowan moved to approve the Minutes of 2 October as amended. Ms. Dooley
seconded. Motion passed unanimously.
10. Review and Approve Minutes for City Council meeting of 6 October 2008:
Members agreed to defer action on these minutes to allow for Councilor's to make
additions based on notes and the video tape.
11. Liquor Control Board:
Mr. Boucher moved that the Council adjourn and reconvene as Liquor Control Board.
Ms. Dooley seconded. Motion passed unanimously.
CITY COUNCIL
20 OCTOBER 2008
PAGE 7
Mr. Hafter presented a Liquor License request for Charlie's on Fire, LLC, and (Chicken
Charlie's). He said the application was all in order.
Mr. Boucher moved to approve the Liquor License for Charlie's on Fire, LLC, as
presented. Mr. Magowan seconded. Motion passed unanimously.
Mr. Boucher moved that the Liquor Control Board adjourn and reconvene as City Council
in Executive Session to discuss real property acquisition and appointments to Boards and
Committees and to resume regular session only for the purpose of adjournment. Ms.
Dooley seconded. Motion passed unanimously.
12. Regular Session:
The Council returned to regular session. Mr. Boucher moved adjournment. Ms. Dooley
seconded. The motion passed unanimously and the meeting adjourned at 10pm.
)tA)2A?Lyx
Clerk