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HomeMy WebLinkAboutAgenda - Steering Committee - 09/20/2010 s Y 4 go Sanford k.Miller,City Manager smiller@shurl.com AGENDA SOUTH BURLINGTON STEERING COMMITTEE MEETING CITY HALL LARGE CONFERENCE ROOM MONDAY,SEPTEMBER 20, 2010 6:00 P.M. Approval of the May 19, 2010 Steering Committee meeting minutes. II. City/School Finances: a. Unfunded pension obligations; b. Recession economics and consequences; c.Auditor(responses to the RFP are due Sept. 20th); i. Selection process; ii. Review committee. III. Space Utilization—575 Dorset Street: a. City needs; b. School needs; c. Opportunities for sharing services. IV. Other items. V. Adjourn. Respectfully Submitted, Sanford I. Miller City Manager Any person requiring special accommodations to attend this meeting should contact the City Manager's Office,846-4107 at least 72 hours in advance of the meeting. 1 STEERING COMMITTEE 19 MAY 2010 The South Burlington Steering Committee held a meeting on Wednesday, 19 May 2010, at 6:00 p.m., at the Frederick Tuttle Middle School,Dorset Street. Members Present: City Council: J. Knapp, S. Dooley, M. Emery, F. Murray; D. Gravelin, Acting City Manager; School Board: E. Fitzgerald, A. Clift, M. Lalonde, R. Cassidy; J. Everitt, Superintendent of Schools Also Present: D. Young, Assistant Superintendent of Schools; J. Stewart, School District 1. Election of Officers: Ms. Clift opened the floor for nominations for Chair. Mr. Knapp nominated Ms. Emery. Ms. Dooley seconded. There were no further nominations, and Ms. Emery was elected unanimously. Ms. Emery presided over the remainder of the meeting. She asked for nominations for Vice Chair. Ms. Clift nominated Mr. Lalonda. Ms. Fitzgerald seconded. Motion passed unanimously. 2.Approval of Minutes of 21 January 2010: Ms. Dooley moved to approve the Minutes of 21 January 2010 as written. Mr. Murray seconded. Motion passed unanimously. 3. Discussion of F-35's: Ms. Emery noted that the City Council has invited the Air Force to a future meeting. The Council has not had a formal discussion on the F-35 issue, but the School Board has. Ms. Clift cited the difference between taking a position on the F-35's and looking for information on the effect of noise on students/learning. Mr. Lalonde also cited the potential impact on the number of children coming to school if the DNL contour is expanded and also the impact on the tax base that pays for schools. Ms. Fitzgerald added that the School Board is seeking information from school boards in communities where these planes have been flying. Ms. Emery noted that she lives in the area directly affected by Airport noise and has been doing a lot of research. She cited lower test scores, lower reading levels, and more speech problems in areas affected by noise. In Germany, when an airport relocated, student test levels went up in the area the planes left and went down in the new airport location. Ms. Emery also cited studies on the effect of noise of stress levels in children STEERING COMMITTEE 19 MAY 2010 PAGE 2 and teachers and on parents raising children. One study described a"learned sense of helplessness"because people cannot control their environment. Conditions such as elevated blood pressure and physiological stress have been identified as well. The anticipation is that the F-35's will be 4 times louder than the Concord which was at 100 decibels, and this will be only 4 blocks from Chamberlin School. Ms. Fitzgerald said the School Board talked about the baseline for the affected area. There is already a baseline established for the contours, and there are an additional 80 homes that will be affected by noise. Ms. Dooley said the City Council is working with the Airport to get some measurements done. The concern is that demolishing homes will result in increased noise levels for remaining residents. Ms. Fitzgerald said the fundamental question is the frequency of flights and the times of day planes will be flying. Ms. Emery said the anticipation is they will fly at 9 a.m. and 1 p.m. and return 2 hours later. There would by 3 or 4 aircrafts taking off and landing right after each other. Depending on training, there could also be early morning or night flights. Mr. Knapp noted that baseline testing can't be done until the F-16's return in mid- September when the runway repaving is completed. Ms. Emery added that the Air Force has said that the baseline the city gets will have no affect on their calculations. Ms. Emery then cited potential mitigation measures that could eliminate the need to remove so many houses. She said it is in the interest of the Airport to have that land for commercial development, and they have not been willing to consider mitigation devices. Ms. Emery added that loss of affordable housing has been a long-time City Council concern. The Airport has agreed to try to help replace affordable housing in the city. Ms. Emery noted that in Madison, Wisconsin, they have installed blast deflectors and very high (20-foot)berms, and they have not had to remove any homes. Chicago has used insulation in homes, schools and churches. 4. Continued discussion About Shared Space in the Future: Ms. Emery noted that the Police Department is now in its new home on Gregory Drive. Mr. Gravelin said the City had been waiting for the Police to leave City Hall, and is now ready to look into other use for that space. He thought the space would need to be re- engineered inside for"flow"if it were to become administrative school offices. All the mold has been cleared up, and the building is safe. • STEERING COMMITTEE 19 MAY 2010 PAGE 3 Mr. Gravelin said the bigger question is whether City Hall remains there for any length of time. Supt. Everitt said there are now some administrative offices in the Middle School and some in the High school. Mr. Young said he can provide information regarding space needs. He felt it would be helpful to revisit the master planning that the City and School District did. Ms. Emery asked if the School District would be interested in a move to City Center, if that option became available. Supt. Everitt said location is not as critical as the collaboration. Educational governance is also an issue and whether there could be change in governance. There are tax incentives for consolidation. He stressed that "everything is on the table." 5. Other Items to Come Before the Committee: Ms. Dooley noted that the Legislature did not increase the tax rate. Supt. Everitt said this will result in an unanticipated decrease in taxes amounting to $33.00 per$100,000 of home value. Supt. Everitt also noted there is a$23,200,000 shortage to pay for education in 2012. The state is trying to come up with a formula that weights kids in poverty, whether you can have controlled spending, etc. By 2015, communities will have to tell the Commissioner if they will meet the target that has been set. Supt. Everitt also noted that Sen. Sanders is trying to get ore money into the State in order to save teacher jobs. As there was no further business to come before the Steering Committee, the meeting was adjourned at 7:00 p.m. Clerk SOUTH BURLINGTON BACKYARD CHICKEN ORDINANCE SOUTH BURLINGTON CITY COUNCIL SEPTEMBER 20,2010 THE SOUTH BURLINGTON CITY COUNCIL HEREBY ORDAINS: Sec. 100. Purpose. The purpose of this Ordinance is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a non- commercial basis while creating standards and requirements that ensur at domesticated chickens do not adversely impact the neighborhood surrounding the on which the chickens are kept. Sec. 101. Permit required. (a) An annual permit is required for the keeping of an m icated chick he annual permit is personal to the permittee and may not ' assigned. (b) The fee for an annual permit to keep chicken is ty doll ($20.00). The or a renewal of an annual permit shall be ten dollars ($1 (c) An applicant for a permit to keep chickens must demon compliance with the criteria and standards in this Ordinance in on - • obtain a permit. (d) The application for a permit shall be su a« e City M or his/her designee. • Sec. 102. Exceptions. (a) "Agriculture" and/. farmi 4.ractices an. .r structures as defined by the Vermont State Statutes or Ve °.1k -cretary 4i Agriculture 4 11 se exempt from this Ordinance. (b) Any use permitted as .i. estock" .er the South Burlington Land Development Regulatio be exe w orn ce. Sec. 1,t, umber and ' .,. f chi a ;a`lowed. (a) The $ .. urn number OA icke• allowed is six (6) per lot regardless of how many dwellin_ 3'.s are on the . In the case of residential condominium buildings without individual ; ed back rds, the maximum number of chickens allowed is six (6)per building. The 'mu tuber of chickens allowed on land owned by a fire district is fifteen (15). (b) Only female chic s are allowed. There is no restriction on chicken species. Sec. 104. Non-commercial use only. Chickens shall be kept for personal use only; no person shall sell eggs or engage in chicken breeding or fertilizer production for commercial purposes. 1 SOUTH BURLINGTON BACKYARD CHICKEN ORDINANCE SOUTH BURLINGTON CITY COUNCIL SEPTEMBER 20,2010 Sec. 105. Enclosures. (a) Chickens must be kept in an enclosure, chicken tractor, or fenced area(chicken pen) at all times during daylight hours. Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. The chicken pen must provide adequate sun and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be constructed with sturdy wire fencing buried at least 12" in the ground or securely wrapped on all sides and the bottom. The p ust be covered with wire, aviary netting, or solid roofing. (b) Chickens shall be secured within a henhouse during non-da ours. The structure shall be enclosed on all sides and shall have a roof and doors. ess . .+ must be able to be shut and locked at night. Opening windows and vents must e c vered edator and bird- proof wire of less than one (1) inch openings. The rap, waste • « . sheet metal, or similar materials is prohibited. The henhouse m e well-maintained. (c) Henhouses, enclosures, chicken tractors, and reas s be kept no les .n twenty (20) feet from all property lines. This requirement e u to five (5) et from a property line with written approval from the neighbo operty owner. Such written approval must be granted no greater :. .n thirty(30) day to submittal of an application under this Ordinance. Henhouses sha ceed thirty(3 are eet in size and may be located within a structure approved thrs _, d Develop egulations or be free- standing. (d) Henhouses, enclosures en tractors, a ced are: ated on land owned by a fire district shall be kep, , -a . i thirty(30) et from all .roperty lines. This requirement may be reduced t1 (10) om a prope A, line with written approval from the neighboring pre se �. ner. Sr, written app . must be granted no greater than thirty (30) days prior to sub o 'cation u er this Ordinance. Henhouses located on land ow re disc ' al n• ''-eventy(70) square feet in size and may be locat in re a s ed throu: the Land Development Regulations or be free- st g. (e) e s, enclosures, ken tr ors and fenced areas shall only be located in rear yards if a pri residence ex on the property. For a corner lot or other property where no rear yard exist'411,ye facilitie all be not be located any closer to a public street than the primary resi . He ses are not allowed to be located in any part of a home. Sec. 106. Odor and n e impacts. (a) Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries. (b) Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity. 2 SOUTH BURLINGTON BACKYARD CHICKEN ORDINANCE SOUTH BURLINGTON CITY COUNCIL SEPTEMBER 20,2010 Sec. 107. Lighting. Only motion-activated lighting may be used to light the exterior of the henhouse. Sec. 108. Predators, rodents, insects, and parasites. The property owner and/or chicken owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites that may result in unhealthy conditions to human habitation may be removed by the City ough the animal control officer, or any other designee, and the cost of the same shall by the property owner and/or chicken owner. Sec. 109. Feed and water. Chickens must be provided with access to feed and cl wat at all times; feed and water shall be unavailable to rodents, wild birds and pred s. Sec. 110. Waste storage and removal. Provision must be made for the storage and removal of chi manure. All stored manure shall be covered by a fully enclosed container ° ompost bin. No ' than one, twenty(20) gallon container of manure shall be stored on an" g ,. .erty housin e . All other manure shall be removed. In addition, the henhouse, chi -n .'` + surroundi ea must be kept free from trash and accumulated droppings. Uneaten f sha P ~; .ved i a timely manner. Sec. 111. Violation. Each violation of thi t ,nance s be subject tE . $25.00 fine; each day a violation continues shall constitute a se as ense e city shall re he right to inspect any property to determine whether a viola ' -cted. Sec. 11 Air'ermit Re ,n A p; ..y be revoked out rei sement of any fee for: • Misre, tations on a` `,plica n; • Violation ' e provisio 6 f this ordinance or other City of South Burlington regulations, and failure E i ect sail olation upon re-inspection. • Where there is t. +• blic health or safety Any revocation or su y1 ° on pursuant to this section may be appealed to the City Council by filing a notice thereof e.'ith the secretary of the Council within ten (10) days of such revocation or suspension. Sec. 113. Enforcement Any violation of this ordinance may be enforceable by injunction or other action available at law. 3 SOUTH BURLINGTON BACKYARD CHICKEN ORDINANCE SOUTH BURLINGTON CITY COUNCIL SEPTEMBER 20,2010 Sec. 114. Removal of chickens In addition to the penalty stated in Sec. 111, any violation of the provisions of this Ordinance shall be grounds for an order from the city to remove the chickens and the chicken-related structures. The health officer or animal control officer may order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be disposed of promptly in a sanitary manner. Sec. 115. Separability In the event that any section, subsection or portion of this Ordinan N4 all b- declared by any competent court to be invalid for any reason, such decision shal deemed to affect the validity of any other section, subsection or portion of this Or.• .nce: P. Adopted this day of , 2010. City Clerk Mark Boucher, Chair Sandra Dooley, Vice Chair474 James Knapp, Secretary Meaghan Emery, Councilor Francis Murray, Councilor 4 southb on. PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning DATE: June 21, 2010 SUBJECT: Draft Backyard Chicken Ordinance first reading Over the past year, a number of residents have approached the planning & zoning department about the possibility of keeping of chickens on residential properties. Our current zoning regulations permit keeping of livestock on properties of 10 acres or more in certain non-residential districts. Last summer, staff did some initial research into the issue and hosted a small neighborhood meeting in the East Terrace area. Following this, the Planning Commission reviewed a draft Ordinance to regulate the keeping of chickens (last fall). The Commission was generally supportive at the time. Staff encouraged residents to provide further input over the winter. Last week, the Planning Commission completed a second review of the proposed Ordinance, with some adjustments. Accompanying their packet (and enclosed in the Council packet) was a survey completed of residents in the Queen City Park neighborhood by interested parties, as well feedback from questions posed to various Front Porch Forums in the City over the past few months. As you can see, there appears to be strong support for allowing chickens in residential backyards, so long as noise, waste, and odors are accounted for. The Planning Commission unanimously supported the draft Ordinance at their June 15th meeting. There are certainly pros and cons to permitting chickens in residential areas, though there is a national trend towards the public wanting to have them. That is evident in the enclosed feedback. Staff did significant research on the subject, and found that it appears as though the impact of chickens can be very minimal if certain conditions are imposed: NO ROOSTERS!!! Limits on the numbers of chickens 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com • Fencing and hen houses to keep the chickens • Sanitation requirements • Setbacks and structure sizes There are many different ways in which chickens could be permitted in the City. One solution would be to exempt keeping a certain number of chickens entirely. But we would then have little recourse to manage any of this, except to pursue someone for a zoning violation if they kept more. This could become problematic, as zoning enforcement is design for structures. The Planning Commission, therefore, had endorsed the idea of an Ordinance to regulate chickens. The enclosed Ordinance is modeled after one used successfully in the cities of Portland and South Portland, ME. In South Portland, a community slightly more populous than here in South Burlington, they've had a Chicken Ordinance on the books for about four years. They have about 20 households that apply for a permit each year. The numbers have been steady. Finally, an article recently published in the Free Press showed that several communities in the area—notably Burlington and Winooski—both allow for chickens to be kept. The strategies employed by each community is different, but staff and the planning commission is confident that the enclosed ordinance creates a straightforward and enforceable process for residents in South Burlington. South rl _ 4 `. PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning DATE: July 19, 2010 SUBJECT: SUPPLEMENTAL Memo on Draft Backyard Chicken Ordinance At the Council's June 21 meeting, a potential ordinance to regulate backyard chickens was discussed. Not all of the Council members received copies of the draft Ordinance in their packets, so the Council asked to have it re-sent in advance of the July meeting for further discussion. That draft ordinance, as well as the memo that accompanied the agenda item, are attached. Two additional items/issues were raised during the first discussion: State law and regulation of agricultural practices As staff noted during last month's discussion, there is a certain lack of clarity regarding the State law as to what ability the city has to address the keeping of animals and the regulation of farm structures. 24 VSA 4413(d) reads: "A bylaw under this chapter shall not regulate accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under subsections 1021(f) and 1259(f) of Title 10 and section 4810 of Title 6." Further, the Vermont Agency of Agriculture's Accepted Agricultural Practice Regulations define "farming", which includes: "the raising, feeding or management of livestock, poultry, fish or bees." To complicate the issue, there are two different definitions for a "farm structure" in Vermont law. One definition is all-encompassing, while the other includes a minimum number of animals, including, of interest to us in this Ordinance, the keeping of at least "100 laying hens." 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com It has been the approach of many communities in the State to use the definition of a Farm Structure that includes numbers of animals, and this appears to be the approach of the Agency of Agriculture as well. In short, it is not entirely clear what authority towns have to regulate the keeping of farm animals and associated structures. Many communities have treated the requirement under 24 VSA 4413(d) as an exemption to agricultural practices that meet the minimum thresholds for numbers of animals in a structure under the more restrictive of the two definitions for "farm structure", including South Burlington. What is done for smaller numbers of animals, below the structure threshold, varies widely. Burlington's experiences withy its approach to the keeping of four (4) or fewer animals At the June 21S`meeting, the Council requested that staff contact the City of Burlington to see how their more "laisser-faire" approach to backyard chickens was administered and what the level of complaints are. Responses below: Approach: Burlington's Zoning regulations include a definition for "Animal Boarding." The keeping of four (4) or less such animals more than three (3) months of age for personal enjoyment are not be considered "boarding" for the purposes of the ordinance. Permits for coops, etc: Such structures require permits and are considered "accessory structure" Health Standards: Not regulated through zoning. Administered by the Health Officer through general code enforcement. Complaints: Quoted directly from the Burlington ZA: "Lots of Complaints. There are many who don't like the chickens (and roosters in particular) vs those that want them. There is a problem of escaped chickens and animal control having to catch them— the owners should be responsible for costs associated by not maintaining them within their property. I would stay away from zoning enforcement standards if they are allowed but try to treat the problems arising from them as nuisances—similar to animal control. The whole issue is burdensome on enforcement." JLadd From: Sandy Miller Sent: Thursday, September 09, 2010 8:26 AM To: JLadd Subject: FW: from CWD; Resignation as CWD alternate for South Burlington Attachments: September 14, 2010 Regular Meeting.pdf L. September 14, 2010 Regular Mee... FYI Sanford "Sandy" Miller Original Message From: Chuck Hafter [mailto:chafter@comcast.net] Sent: Thu 9/9/2010 8:25 AM To: Sandy Miller Subject: Fwd: from CWD; Resignation as CWD alternate for South Burlington Sear Sandy: The attached e-mail from Tracy Bessette reminds me that given the current circumstances, I should resign as the City appointed alternate to the Champlain Water District Board. Bill Szymanski is the elected representative. I served as the alternate this last year following his election. Bill never misses a meeting. I do not believe I have any further official appointments. You are probably aware of this, but he City Manager convenes the Chittenden Correctional Center Liaison Committee about twice a year. The committee meets and tours the jail facility. The Committee, listed in the annual report, meets with the Jail Superintendent to talk about any city/jail issues and to see if the City can provide any help for the facility. In the past, the committee has been successful in helping Corrections getting state grants to improve security fencing and obtain a new generator. The Superintendent has helped the storm water utility with obtaining use of state property for the Farrell Street storm water work. Chuck Hafter >From: "Tracy Bessette" <tracyb@cwd-h2o.org> >To: <deac@onioncity.com>, > "Al Voegele" <avoegele@town.colchester.vt.us>, > "Brian M. Palaia" <bpalaia@town.milton.vt.us>, > "Carol Barrett" <cjbarrett@onioncity.com>, > "CHERYL MOOMEY" <CMOOMEY@essex.org>, > "Cheryl Thomas" <jerichovtvillage@comcast.net>, > "Chuck Hafter" <chafter@comcast.net>, > "Colleen Haag" <chaag@shelburnevt.org>, > "David Crawford" <Dave@essexjunction.org>, > <dkinville@sburl.com>, > "John Cushing" <jcushing@town.milton.vt.us>, > "Kathy Smardon" <ksmardon@willistontown.com>, > "Patrick Scheidel" <pscheid@essex.org>, > "Paul Bohne" <pbohne@shelburnevt.org>, > "Pete Gadue" <petegadue@myfairpoint.net>, 1 > "Rick McGuire" <mcguirer@willistontown.com>, > "Sandy Miller" <smiller@sburl.com>, > "Susan Lamb" <lambs@willistontown.com>, > <wmorin@town.colchester.vt.us> >Subject: from CWD >Date: Thu, 9 Sep 2010 06:55:51 -0400 >Attached is the Agenda for the September 14, 2010 Regular Meeting - FYI >& Posting >Thank you, >Tracy A. Bessette >H.R. Administrator >Champlain Water District >403 Queen City Park Road >S. Burlington, VT 05403 >802-864-7454 ext. 101 >Fax: 802-864-0435 2 JLadd From: Jennifer Ely[jenniferely@wvpd.org] Sent: Thursday, September 16, 2010 1:31 PM To: JLadd Subject: FW: My future plans Janice, Thanks for your help. Jennifer From: CAVINTOM@aol.com [mailto:CAVINTOM@aol.com] Sent: Thursday, September 10, 2009 8:39 AM To:jenniferely@wvpd.org; cduncanvt@gmail.com; mberry@essex.org; rmaia@smorgans.net; SAS@jcomail.com; SGILF@mcneilvt.com Cc: info@wvpd.org Subject: My future plans Hi everyone, I will see you all this evening but thought I should put this in writing. I am leaving the WVPD board. I have thought a long time about this decision and really hate to leave the board short handed. Sonja I hope you will take on the chair duties. Thank you. Chris Cavin Winooski Valley Park District owns and manages 16 public natural areas for use as "outdoor classrooms"by local schools and to be enjoyed by the general public. 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C171 ©2010 Google- Map data©2010 Google- http://maps.google.com/ 11/1-1P-1/11 South Burlington Comprehensive Plan Chapter 12—Transportation TABLE 12-1 SOUTH BURLINGTON STREET CLASSIFICATIONS CLASSIFICATION EXISTING STREETS PROPOSED STREETS Arterial Rte. 2; Rte 7; Rte. 116 from Williston Rd. to Williston Town line; Kennedy Dr. Collector Dorset St.; Swift St.; Laurel Hill Ave. Ext.; Kimball Ave.; Allen Rd.; Holmes Rd. west; Inn Bartlett Bay Rd.; Queen Rd. west; Dorset- City Park Rd.; Farrell Hinesburg Connector; St.; Spear St.; Patchen ext. of Airport Dr.; Rd.; White St.; Airport relocated Airport Pkwy.; National Guard Pkwy.; Airport Pkwy - Ave.; and Shunpike Patchen Rd. connector; Rd.; Nowland Farm Allen Rd., Swift St. and Road Holmes Rd. Extensions; O'Dell Pkwy. Local All others All others 7. Supplemental Recommended Actions, Added 2006 Continue to work with and press VTrans and the Chittenden County MPO to carry out the funded EIS work for full interstate interchange at Hinesburg Road and I-89, and to program funds for subsequent years and work into the TIP. Work with Williston on cooperative strategies for managing the impacts of travel to and from Tafts Corners on the character, safety, and condition of Van Sicklen Road. Work with the Addison County Regional Planning Commission and Chittenden County Regional Planning Commission to develop strategies for South Burlington Comprehensive Plan Effective March 9, 2006 127 South Burlington Comprehensive Plan Chapter 12—Transportation managing the Route 116 corridor, including provisions for the potential impacts of the new interchange at Hinesburg Road. South Burlington Comprehensive Plan Effective March 9,2006 128 !I) lkii.611 f� southburlington PLANNING & ZONING AGENDA South Burlington Development Review Board City Hall Conference Room, 575 Dorset Street, South Burlington, VT. Tuesday, September 21, 2010 7:30 p.m. 1. Other business/announcements 2. Minutes of August 17, 2010 and September 7. 2010 3. Design Review Application of Atlas Sign Industries for a new master signage permit for a property in the Dorset Street/City Center Design District. The master signage permit would establish the design scheme for the freestanding and wall signs on the property, 60 San Remo Drive. 4. Continued miscellaneous application #MS-10-07 of Vignesh Solai to add a gable entrance which projects into the front setback requirement, 8 Laurel Hill Drive. 5. Miscellaneous application #MS-10-08 of South Village Communities, LLC to alter the grade by adding 55 cubic yards of fill to lot#1, 1840 Spear Street. 6. Miscellaneous application #MS-10-09 of South Village Communities, LLC to alter the grade by adding 42 cubic yards of fill to lot #5, 81 Chipman Street. 7. Miscellaneous application #MS-10-10 of South Village Communities, LLC to alter the grade by adding 75 cubic yards of fill to lot# 5A, 73 Chipman Street. 8. Sketch plan application #SD-10-29 of Patrick O'Brien Development, LLC to subdivide a 6.3 acre parcel developed with a single family dwelling into three (3) lots consisting of 1.4 acres(lot#1), 1.0 acres(lot#2), and 3.9 acres(lot#3), 1435 Spear St. 9. Sketch plan application #SD-10-30 of A. Thibault & Sons, LLC to subdivide a one (1) acre lot into two (2) 0.5 acre lots, 350-354 White Street.—Application Withdrawn. 10. Review draft decisions from September 7, 2010 meeting. Resp Ily Sub y d J. Belair Administrative Officer CITY COUNCIL 7 SEPTEMBER 2010 The South Burlington City Council held a regular meeting on Tuesday, 7 September 2010, at 7:00 p.m., at Orchard School. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: S. Miller, City Manager; S. Ladd, City Manager's Office; Chief D. Brent, Fire Department; Rep. Helen Head, M. Young, J. Simson, M. Ambusk, R. Hubbard, M. Kupferman, R. Neuer, D. Adamson, L.Yankowski, W. Tegtmayer, T. Braun, R. Skiff 1. Comments & Questions from the Audience,not related to agenda items: Mr. Young asked whether the City had a "rainy day fund"and whether there is a timely for making the pension plan"whole" again. Mr. Boucher said those questions will be addressed in a later agenda item. 2. Announcements & City Manager's Report: Ms. Dooley: Met with Paul Conner and neighbors regarding the dorm that UVM is planning to build in Burlington(150 units of apartment size). Housing will be for juniors, seniors and graduate students. Mr. Miller: Will attend the Vermont Town Managers' Conference, 16-17 September. Introduced Kelly Murphy who has been hired for the Planning Department. There will be a presentation at City Hall on Thursday, 9 September regarding Exit 12B. The PACE Program clean energy initiative has requested the city's participation. There is no local match. A meeting was held with officials of the State Treasurer's office regarding the pension plan issues. They had a number of suggestions. There is a Regional Planning/MPO meeting tonight. Recommended Justin Rabidoux be appointed as alternate MPO representative. 3. Appointment of Justin Rabidoux to the MPO as Alternate: Mr. Murray moved to appoint Justin Rabidoux as alternate MPO representative. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 7 SEPTEMBER 2010 PAGE 2 4. Interview Applicants for Appointment to Boards, Commissions and Committees: A. the Council interviewed Rep. Helen Head for appointment to the Correctional Facility Liaison Committee: Rep. Head said she has had a long-time interest in correctional issues, and the Facility is located in the district she represents. She has worked hard to understand issues and how corrections are related to housing issues. Mr. Murray asked if there could be a potential conflict of interest. Rep. Head said she didn't see one. She felt it could enhance her contributions in the Legislature. B. the Council interviewed William Tegtmeyer for appointment to the Correctional Facility Liaison Committee: Mr. Tegtmeyer said he has been a city resident for 4 years and previously had a law enforcement career. He is a Katrina"refugee." He has always volunteered and wants to be involved in the community in an area where he has some expertise. C. the Council interviewed Marie Ambusk for appointment to the Natural Resources Committee: Ms. Ambusk said she has just finished her first term on the Committee. She is a certified Master Gardener and Tree Steward. She has started a"triage" system for the city's trees and is working with the City Arborist in this area. She is also working on the Master Plan for the Dorset Street Natural Area. D. the Council interviewed John Simson for appointment to the Planning Commission: Mr. Simson said he is a 29-year resident of the city with a background in Planning. He previously served as State Planning Director and has recently been involved in affordable housing concerns. He would like to devote time to something he has a professional interest in. Ms. Dooley asked if Mr. Simson has a vision for the city regarding the balance of open space/growth and residential/commercial. Mr. Simson said you can't escape the fact that South Burlington is a city with all but one of the state's major roads going through it. He felt the city will continue to grow and will be faced with a lot of infilling. There are also affordable housing issues compounded by the Airport purchase of area houses. He felt CITY COUNCIL 7 SEPTEMBER 2010 PAGE 3 that what is needed is"smart growth." Ms. Emery asked what the city should be looking at regarding affordable housing. Mr. Simson said a major question is the ability of a developer to afford to build affordable housing. He noted that what has worked in some places involves the city or county acquiring some land and then asking for proposals for affordable housing. In more urbanized areas, density initiatives can work(e.g., in exchange for a playground, a developer might get some extra affordable units). E. the Council interviewed Rich Hubbard for appointment to the Rec Path Committee: Mr. Hubbard said he is a native Vermonter, now a retired lawyer. He has an interest in all things healthy. He felt he brings some organizational skills to the Committee. In the future, he would like to improve coordination with Public Works, City Council, etc, regarding planning and budgeting. In the long term, he would like to work on a rec. path near Potash Brook. He felt this could be the longest most"natural"path that would go through 7 of the city's neighborhoods. Mr. Hubbard felt the Committee does a good job of previewing proposed development projects. He felt the biggest challenge is safety on the roads and noted that Vermont ranks very low in bicycle safety. F. the Council interviewed Roy Neuer for appointment to the Rec. Path Committee: Mr. Neuer is a retired engineer and recreational biker. He cited amenities for bikers that are provided in European countries. G. the Council interviewed Duncan Adamson for appointment to the Rec. Path Committee: Mr. Adamson said he is an everyday biker,biking to work. He bought his home because of its proximity to the Rec. Path. He is interested in connectivity with surrounding communities and with safety, especially for children. He is a marketing director with a background in writing grants. H. the Council interviewed Lisa Yankowski for appointment to the Red Rocks Park Committee: Ms. Yankowski maintains a key to the park gate in order to help find lost people. She believes in letting nature do its thing. She also feels people should have access to the park. The challenge is to keep them on the paths. A major concern is keeping dogs on CITY COUNCIL 7 SEPTEMBER 2010 PAGE 4 leashes. She noted that a lot of people do "foolish things" in the park. Mr. Boucher noted there are still a few people left to interview, after which the Council will meet to discuss appointments. Appointments will be made in open session. 5. Presentation by Council on Pension Fund Issues: Mr. Boucher reviewed the history of the discovery of the underfunding of the pension plan including meetings with the former City Manager, auditors, etc. The underfunding was disclosed to the public on 4 August. A Health Insurance Committee has been created to look at pension issues. They met on the 30th of August and will meet again on 13 September to continue to look at option. The city's contract with its accountants has been terminated. A meeting was held with the State Auditor to get his perspective. An RFP has been issued to secure a new city auditor. The city has initiated an employment"frost" (not "freeze"). City functions will continue. The Assistant City Manager has resigned and the city is looking to fill that position. The city is also looking to hire an actuarial firm to review the situation. Mr. Boucher then reviewed some of the ideas that the city has received to address the issues. These include: dropping pension plans, developing early retirement options, putting items on the ballot, using Open Space Fund money and Rooms and Meals Tax funds, conducting a survey to help the City Council prioritize for budgeting, eliminating staff positions, switching from a self-funded plan. Mr. Boucher then outlined future plans/activities, including: A. awaiting the next actuarial review. B. looking for costs regarding benefits promised to employees. C. looking at the issue of handling new employees. D. Considering switching to another plan. E. Dealing with retirees and those about to retire F. "long term" vs. "short term" cures CITY COUNCIL 7 SEPTEMBER 2010 PAGE 5 G. How to pay for things: 1. Reserve funds 2. Layoffs 3. Service reductions 4. Benefit reductions (would have to be negotiated) Mr. Miller noted that negotiations with Firefighters have been reopened and the plan is to come to a tentative agreement with them. The Police contract is coming up and also the Public Works contract. Mr. Miller said his intent is to cost out any additional benefits before bringing anything to the City Council for their approval. He noted that in many cases,benefits were not costed out before being brought to the Council for approval. Mr. Boucher said the Council also needs a policy for dealing with auditors and actuaries. Mr. Young asked whether voters will be able to vote on"the plan"or if it will be mixed on with the budget. Mr. Knapp said that depends on the plan. He added that the use of certain funds requires public vote. Mr. Young said he would hate to see Open Space money used for this and would rather see it used to purchase property for affordable housing. A member of the audience suggested looking at employees who stay with the city as a career vs. those who stay just long enough to get vested and then leave. Mr. Skiff thanked with Council for bringing this to light,but he felt the actuaries clearly noted the problem over the years. He felt the city approved heavily investing in stocks which was risking principal. He stressed that people who risk their lives to protect the public should be protected, and this is the City Council's responsibility. He called for the resignation of the City Council Chair, since this was, in his opinion, a City Council failure. He added that the city was told about this in 2003, and it is not OK to say "Chuck Halter didn't tell us." Mr. Boucher responded that in October and November he had asked for reports from the former City Manager but didn't get them. He said it was his fault for not asking again. He added that it would be easy to resign,but he felt it was his responsibility and that of other experts on the board for letting this happen, and it is their responsibility to fix it. Ms. Emery said there was a pattern that was developing that the Council is now seeing. She felt the Council should see it through. Ms. Dooley said this has been very painful. The lesson she has learned is to ask to see all documents. She said she thought they could rely on what they were told. CITY COUNCIL 7 SEPTEMBER 2010 PAGE 6 Mr. Skiff noted that even in the annual report there is mention that the pension plan lost money. He asked whether the Council has considered that Fire and Police may take action against the Council. Mr. Miller responded that an agreement can't be changed unless both parties agree to a change. So all benefits will continue until both parties agree to any changes. Mr. Young said he had been under the impression that in the last few budgets there was extra money put in to cover pension issues. Mr. Boucher said the Council was told there was a"slight deficiency"that would be solved in the short term. 6. Discussion about City Pension with Actuary Tracy Braun, Retirement Service Peoples United Bank: Ms. Braun said they were hired in 2003. There was a document in effect as of 2002. Ms Braun noted there were some public safety and non-public safety additions to the plan put in place. In 2003, it did not appear that there had been any analysis of what these additions would cost the city. It was noted that when the amendment was put in place, people were given credit for past service, when there were no payments being put in to cover those benefits. That could be one of the reasons for the discrepancy. Mr. Simson said the mistake was made in not costing out the benefit increases. This was compounded when the interest rates plummeted. Ms. Braun reviewed the status for 2005-6. She noted there was some costing in 2006, but what was ultimately approved was somewhat more than what was costed out. It was at this time that the retirement age was reduced from 55 to 50 for public safety employees. There was also an increase in the employees' contribution to the plan. There were no changes to the plan in 2006-7. Amortization was reduced from 30 to 20 years. There were also no changes to the plan in 2007-8. At that time, the city funded the recommended contribution for that year. In 2008-9, there were no changes to the plan; however, there was a negative 9%return on investments. CITY COUNCIL 7 SEPTEMBER 2010 PAGE 7 In 2009-10,there was a 25%increase in overtime for public safety employees. There was also a negative 16%return on investments. Ms. Braun said they are in the process of doing the current year evaluation which will be ready in October. Mr. Murray said he has 2 concerns. The first is how to proceed in the future with these actuaries. He asked whether there have been communication problems with other clients. Ms. Braun said they"present where they are asked to present." Mr. Murray asked if there is a rough estimate of the predicament,how much resulted from the downturn in the economy and how much was from increased benefits. Ms. Braun said they can generate that information. Mr. Murray said his second concern is how long it will take to catch up and what this will cost. He also asked what would be a"responsible"contribution for this year. The actuaries said they did not have an answer to that as yet. Mr. Miller said he has asked them to provide some estimate for the next budget cycle. Mr. Skiff said liabilities will not grow linearly, they will grow exponentially, and that is enormous. He felt that in 15-20 years,this could leave the city in a very bad place. 7. Appointment of a Firm to Review Previous Years Audits and Related Documents: Mr. Miller said it would cost $46,000.00 to go back 5 years. He would prefer to have the audit go back to the point of origin. This will cost more. Mr. Murray moved to have Kittell, Branagan& Sargent review previous audits and related documents to the point of origin. Mr. Knapp seconded. Motion passed unanimously 8. Public Hearing on proposed Amendments to the City Fire Ordinance to clarify types of outdoor fire requiring; second reading of same: Mr. Murray moved to open the public hearing. Ms. Dooley seconded. Motion passed unanimously. Ms. Dooley moved to waive the second reading. Mr. Murray seconded. Motion passed unanimously. CITY COUNCIL 7 SPETEMBER 2010 PAGE 8 Chief Brent said he has road around at night and has had to stop only once regarding the size of a fire in a yard. He felt people are abiding by the rules. He added that what issues exist may be between neighbors. Ms. Dooley said she did some environmental health research and suggested that no leaves, grass or hay be allowed to be burned. A member of the audience supported the ordinance as written because it may be more of a hazard if brush and grass pile up. Mr. Miller said to change the ordinance in this way would be a substantial change and require a new public hearing. Mr. Boucher suggested approving the ordinance as presented and asking the Chief to come back with best practices regarding leaves, grass and hay. Mr. Murray moved to close the public hearing. Ms. Dooley seconded. Motion passed unanimously. Mr. Murray moved to amend the City Fire Ordinance as presented. Ms. Emery seconded. Motion passed unanimously. The Chief gave members information on the 911 Remembrance at Overlook Park and on the Fire Department Open House. 9. Authorize the Street Acceptance of Hayes Avenue as a Public Street: Mr. Murray moved to approve Hayes Avenue as a public street. Ms. Dooley seconded. Motion passed unanimously. 10. Approval of Vermont Municipal Bond Bank Refunding for 2010 Series to the Police Station: Mr. Miller said this will save the city approximately$130,000 for the years 2016-2010 on Police Station borrowing. Mr. Knapp moved to approve the Vermont Municipal Bond Bank Refunding as presented. Mr. Murray seconded. Motion passed unanimously. 11. Consider approval of Special Entertainment Permit for ALS to be held 26 September at Dorset Park: Mr. Miller said this has been approved by all Depai tment Heads. CITY COUNCIL 7 SEPTEMBER 2010 PAGE 9 Mr. Murray moved to approve the Special Entertainment Permit for ALS as presented. Mr. Knapp seconded. Motion passed unanimously. 12.Accept Resignation of Steven Dates from Natural Resources Committee, effective immediately: Mr. Murray moved to approve the resignation of Steven Dates from the Natural Resources Committee as presented. Ms. Dooley seconded. Motion passed unanimously. 13. Review Development Review Board Agenda for 7 September 2010: No issues were raised. 14. Review Minutes of 17 August 2010: It was noted that on p. 1, paragraph 3 under "Comments...", it should read "Mr. Stuart noted..." On p. 3, Ms. Dooley noted that she should have said 400 "students"not 400 "units." On p. 9,paragraph 2, the end of the first sentence should read 1.2 per acre. On p. 11, Ms. Dooley noted that someone in the audience mentioned that Mr. Gilbert has proposed changes to the regulations. Mr. Murray moved to approve the Minutes of 17 August 2010 as amended. Ms. Emery seconded. Motion passed unanimously. 15. Sign Disbursement Orders: Disbursement orders were signed. 16. Executive Session: Ms. Dooley moved that the Council meet in executive session to discuss appointments, personnel and contracts and to resume regular session only for the purpose of adjournment. Mr. Murray seconded. Motion passed unanimously. CITY COUNCIL 7 SEPTEMBER 2010 PAGE 9 17. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. Clerk