HomeMy WebLinkAboutAgenda - City Council - 02/06/2012 4.4ieto
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southburlington
VERMONT
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Executive Session 7:00 p.m. Monday, February 6, 2012
Consider entering executive session to discuss personnel, contract negotiations and litigation.
Regular Meeting 7:30 p.m. Monday, February 6, 2012
1. Agenda Review: Additions, deletions or changes in order of agenda items.
2. Comments and questions from the public (not related to the agenda).
3. Announcements and City Manager's Report.
4. #tttt Public Hearing on Proposed Charter Changes as Request by City Clerk and Request of
Charter Committee for Additional Time to Develop a Recommendation.
5. Request for Special Check Related to Postage for Mailing Budget Books (Donna Kinville, City
Clerk/Treasurer)
6. *** Consider Authorizing Submission of a Grant Application to the Law Enforcement Terrorism
Protection Program (Trevor Whipple, Chief of Police).
7. *** Discuss and Authorize Revised Contract with Champlain Water District for Services (Bob
Rusten, Deputy City Manager).
8. Advisory Ballot Item Discussion at Pre-Town Meeting.
9. ### Discussion of Ways to Support the Council's FY 2013 Budget(City Council).
10. ### Sign Disbursements.
11. Other Business.
12. ***Approval of Minutes for Budget Meetings January 5, 9, 11, 18 and Regular Meeting January
17. [Note: I don't have these in my hands yet—Janice usually takes care of these and she'd out
sick, though we will effort to get this together for the packet].
13. Consider entering executive session to discuss personnel, contract negotiations and litigation (if
needed).
14. Adjourn.
Respectfully Submitted:
Sanford I. Miller, City Manager
Attachments Included
### Attachments Sent Separately/Previously
South Burlington City Council Meeting Participation Guidelines
The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings
in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible.
1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the
order in which hands are raised.
2. Once recognized by the Chair, please identify yourself to Council.
3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in
making sure everyone is heard and sufficient time is available for Council to conduct business items.
4. In order for City Councilors and other members of the audience to hear speakers' remarks, side conversations
between audience members should be kept to an absolute minimum. The hallway outside the Community Room
is available should people wish to chat more fully.
5. Please address the Chair. Please do not address other audience members or staff or presenters and please do
not interrupt others when they are speaking.
6. Make every effort not to repeat the points made by others.
7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Council for a second time.
8. Council desires to be as open and informal as possible within the construct that the Council meeting is an
opportunity for Councilors to discuss, debate and decide upon policy matters. Council meetings are not"town
meetings". To this end, after the public has had the opportunity to make comments,the Chair may ask that
discussion be among Councilors.
City Of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Assistant City Manager..
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form—either blank or completed
_Trevor Whipple, Chief of Police January 22, 2012
Name and title of person completing this form(Project Manager) Date
1. Name/title of grant and submittal deadline date: Law Enforcement Terrorism Protection Program,
February 15, 2012
2. What specifically is the grant's purpose? Provide funding for Mobile Data Terminals (MDT)and License
Plate Readers (LPR).
3. What does the grant fund and not fund(be specific)? Grant funds the full costs of purchase and installation
of equipment(MDT and LPR). It also covers the cost for the first year of MDT air card service and three
years of service contract for the LPR.
4. Total Project Cost:
a. Amount of grant: $31,600 ($9,100 MDT, $22,500 LPR)
b. Is there a City match required, how much and in what fiscal year(s)? No match
c. Are there other grants"tied into"or being used as a match for this grant of which are matching
funds for this grant? No
5. From what budget line will match be paid, and is there unencumbered money to pay it? No match.
6. Is there a cost to the city upon grant conclusion, and if yes, please describe? Mobile Data terminals require
funding for mobile data service($1,000/year server connection fee after first year, no continued air card fee
as unit will be used with an existing air card). The police department has been moving toward more
electronic reporting from the field as a means to improve officer efficiency. Currently all crash reporting is
conducted live on the computer from the site of the crash. On April 1 we will move to our new Computer
Aided Dispatch system which will necessitate operable Mobile Data Computers in each police vehicle.
Absent the grant this purchase would need to be made from our general fund budget.
7. Is grant for stand alone project, and if no,how does grant fit into another project (describe in somedetail)?
Stand alone although the added equipment and technology will enhance our traffic safety operations.
8. Length of grant- will the grant cross fiscal year(s)? This is a one year grand and will gross two fiscal years
due to the expected date of award.
9. Who will apply for grant (name/title)? Trevor Whipple, Chief of Police
10. How much time will it take to complete grant application form? Less than one half hour(similar to grant
applied for in 2011)
11. How likely is it that we will receive grant? 100%to some degree. Funding is contingent upon amount of
requests. Advance notice provides that funding should exist for all requests.
12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is
filling out this form), what are any grant compliance requirements,how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match? Trevor Whipple will handle all grant management. Grant
requires quarterly financial reporting. This should take less than a half hour every quarter. No admin costs
allowed.
13. Describe grant payment process—method of cash flow: Reimbursement upon receipt of proof of purchase
and quarterly financial report.
14. Should a Council-appointed Committee,Board, or Commission review this request?
If yes,please update status: No
15. In terms of priority,with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission: Air
cards=priority 5,these will remove costs from current budget,Mobile Data Terminals=priority 2,these
would serve to equip the lieutenants car and Expedition which serves as a spare cruiser and inclement
weather vehicle,the third would be a spare to be used in front line cars when a unit goes out of service.
License Plate Readers=priority 5,these would greatly enhance our traffic safety unit,they enable officers to
quickly identify offenders and remove dangerous drivers from our highways.
I 31f
Reviewed by Asst. City Mana er,Date If approved,grant money will be in this fund
)2-3/2./
Approved by City Manager,Date Not Approved By City Manager,Date
Approved By City Council,Date Not Approved By City Council,Date
2/17/11
CONTRACT
This contract is between the Champlain Water District Retail Department (hereinafter "CWD") of South
Burlington, Vermont, and the City of South Burlington, Vermont (hereinafter "South Burlington"). It is the
desire of both parties to enter into an agreement whereby CWD will manage the water distribution system of
South Burlington. CWD's management shall be under the direction and control of the South Burlington City
Manager and City Councilors who will delegate complete operation of the water distribution system to CWD,
with the South Burlington Public Works Director functioning as the day to day operational department head,
subject to the following terms:
1. CWD shall manage, operate, and repair the South Burlington owned water distribution system, consisting
of the distribution mains, valves, hydrants and other appurtenances attached to the distribution system.
CWD owns and maintains all components of their transmission system in the City. South Burlington, as
the water distribution system owner, agrees to be liable for, and to pay the cost of, all necessary
maintenance and replacement of the physical infrastructure comprising the South Burlington water
distribution system. Any capital improvements or repairs that will cost more than $50,000 must be
approved in advance by the South Burlington City Manager. Any capital improvements or repairs that will
cost more than $200,000 must be approved in advance by the South Burlington City Council. In addition
to the water department (i.e., water distribution system) billing, CWD shall also provide customer billing
services for the South Burlington Water Pollution Control and South Burlington Stormwater Divisions.
CWD will also provide all financial reporting for the City's Water Department with copies of financial
statements provided on a monthly basis. CWD will also bill "special assessment districts" as requested by
South Burlington. Such billings may be subject to additional compensation. Upon written request from
South Burlington, CWD shall provide information, such as all billing, client and other related information to
South Burlington in electronic format. The request will include a reasonable time frame by which CWD
will supply such information.
2. South Burlington shall be responsible for adopting an annual budget and appropriating all funds
necessary for the operation of the South Burlington water distribution system by CWD. In the event any
payments due CWD pursuant to this contract exceed the annual budget, South Burlington shall be solely
responsible for borrowing sufficient funds to make timely payment of such expenses. All funds
appropriated by South Burlington, including any budget surplus, shall remain the property of South
Burlington. South Burlington shall decide the disposition of any such surplus. Prior to December 1 of each
year, CWD shall prepare and submit to South Burlington a proposed operating and capital budget
incorporating all revenues and expenditures for the following fiscal year beginning July 1st.
3. Except as specified below, all expenses incurred by CWD in connection with its responsibilities under this
contract, including personnel, supplies, equipment, services and insurance, shall be invoiced by CWD at
its cost to South Burlington, and paid by South Burlington to CWD within 30 days of receipt of any such
invoice. Without South Burlington's prior express approval, CWD may not invoice South Burlington for
expenses arising out of legal affairs such as but not limited to attorney's fees, judgments, arbitration
awards, settlements, or claims asserted against CWD, including but not limited to claims for defense
and/or indemnification. The fiscal year operating budget adopted annually by the City of South Burlington
for the water distribution system shall establish the amounts CWD may charge for management service
fee, emergency on-call service fee, labor of non-management personnel, equipment rental, and office
administration costs. CWD must obtain South Burlington's City Council's express approval prior to
incurring expenses which exceed said adopted budget if such expense would also result in the City
exceeding the total budgeted expenses for the enterprise fund's fiscal year.
4. South Burlington shall be responsible for providing any casualty insurance coverage on the physical
infrastructure owned by South Burlington and comprising the South Burlington water distribution system.
CWD shall be responsible for providing liability insurance coverage in connection with all of its
responsibilities under this contract, naming both CWD and South Burlington as insureds. CWD shall also
be responsible for insuring all of its vehicles, machinery, and equipment, and shall be responsible for
providing Workers' Compensation insurance coverage for all employees used in the performance of
CWD's duties under this contract. All of CWD's insurance costs, including premiums, deductibles, shall
be included as reimbursable expenses on CWD's invoices to South Burlington pursuant to paragraph 2
above.
5. The term of this contract shall be five (5) years commencing July 1, 2012 and ending June 30, 2017. All
parties agree to enter into negotiations to modify or amend this contract when necessary or required to
permit either party to fulfill its obligations under the contract. At any time during the term of this contract,
either party may terminate it by written notice of termination, sent by certified mail, return receipt
requested, in which event this contract shall terminate twelve (12) months (365 days) after delivery of
such notice. Upon termination, CWD shall prepare and submit to South Burlington its final invoice of all
fees and expenses, which shall be paid by South Burlington within thirty (30) days of final contract
termination date. In addition, not less than six months prior to the effective date of termination, CWD
shall provide all billing, client and other related information to South Burlington in electronic format and
other means as shall be requested by South Burlington and no information may be unreasonably
withheld.
6. All parties agree to operate the South Burlington water distribution system in a proactive manner to fully
comply with all Federal, State, and Local drinking water regulations, prudent water utility standards, as
well as utilizing current material and construction specifications.
7. Policy: The South Burlington City Council subject to the provisions of the South Burlington Charter shall
establish all policies applicable to the management of the City's water distribution system. The South
Burlington City Councilors shall also adopt and approve the budget, which shall include the rates to be
charged for water service. Final Budget approval, upon which the rates shall be based, will be, by Charter,
by the voters of South Burlington.
Dated at South Burlington, Vermont, this day of , 20
CHAMPLAIN WATER DISTRICT
RETAIL DEPARTMENT, CITY OF SOUTH BURLINGTON,
By BOARD OF WATER COMMISSIONERS By SOUTH BURLINGTON CITY COUNCIL
CITY COUNCIL 5 JANUARY 2012
The South Burlington City Council held a budget work session on Thursday, 5
January 2012, at 7:00 p.m., in the Conference Room, City Hall,575 Dorset St.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; Chief D. Brent,
Fire Department; P. Cornier, Director of Planning&Zoning; J. Rabidoux, Public Works
Director; T. Hubbard, Recreation Director; M. Young
1. Agenda Review:
No changes were made.
2. Comments & Questions from the Audience, not related to Agenda items:
No issues were raised.
3. Budget Workshop to Review FY13 Budget:
Mr. Miller suggested that instead of a line-by-line review, Council members ask questions
or make comments on what interests them.
Debt Service:
Mr. Rusten showed a plan extending out to 2017. The intent is to avoid having huge
"spikes"up or down. Mr. Rusten noted that some debt has been reduced or eliminated by
paying off amounts off and avoiding further interest charges. He also noted that no new
debt is proposed in FY 2013. The exception to that may be the City Hall building,
depending on what an inspection of the building turns up.
Mr. Rusten then showed how money will be set aside for the next fire truck and ambulance
in FY 2014 and 2015.
The new Project Manager will look at the extended plan and make it more expansive. The
intent is to have a 5-year plan for vehicles and major equipment.
Mr. Miller said there is a possibility of some new debt for water meters. He said the ideal
situation is to pay cash to avoid interest charges,but that results in a higher tax rate now to
avoid paying more in the future. Eventually, it keeps the tax rate low. Members liked
this approach.
Mr.Miller also urged members not to consider taking money from a department's budget if
it hasn't used that money in a given year. Mr. Rusten echoed this request and said the
CITY COUNCIL BUDGET WORKSHOP
5 JANUARY 2012
PAGE 2
Council needs to look at a department over a period of time.
Ms. Emery asked if Department Heads are asked to identify items that might come out of a
budget if the voters turn the budget down. Mr. Miller said they are not. They are asked
to present a budget that reflects what the community wants/needs. He stressed that the
administration believes in this budget and would have to work very hard and quickly if it is
voted down.
Ms. Emery asked if the budget is what the city "ideally" wants or what is "good enough."
Mr.Miller said they are not"building a dream house." They are building a foundation for
the future.
Mr. Engels asked how money is held from year to year. Mr. Rusten said it is held in a
reserve fund. He added that they will be asking for$190,000 for a capital reserve fund.
Mr. Miller also noted they are not budgeting income they do not expect to get.
Essentially,they are eliminating accumulating deficits across all funds.
Mr. Young asked about the total debt service. Mr. Rusten said for FY12 it is
$2,692,306.00 and for FY13, it is $2,818,800.00. The possibility of new water meters is
not included in the FY13 figure. Mr. Young commented that this is a lot of debt. Mr.
Miller explained that borrowing money for the pension fund is saving hundreds of
thousands of dollars. He added that this budget reflects what people have been saying
over the past year.
Mr. Rusten noted an increase in phone costs. He said there was no decrease in costs when
the Police Department left the City Hall building, but there was a$15,000.00 increase for
the new Police facility. Mr. Rusten also noted that the city has been spending
$5,000-6,000 for a maintenance contract, which they propose to end. He said they will
also look at the budget and see if there is anything more that can be reduced for phones.
He also added that the next thing they will be looking at is cell phones.
Regarding legal services, Mr. Miller said they are budgeting $137,000.00 ($35,000 for
Planning&Zoning; $42,000 for a retainer, and$60,000 for legal labor suits). They are
also beginning to consider the possibility of an in-house counsel. There would still be a
need for some special services for litigations. That discussion may take place next year.
Mr. Miller noted that Interim Zoning could cost$280,000 a year,and that is not reflected in
this budget.
Ms. Greco asked how long the City Hall entryway improvements will be on hold. Mr.
CITY COUNCIL BUDGET WORKSHOP
5 JANUARY 2012
PAGE 3
Miller said they got a 6-month extension and will have a firm come in and look at the
building. He felt they should know within a month if the building is usable/savable.
Mr. Engels asked about the rental possibility at the Police Station. Mr. Miller said they
are moving slowly toward a rental,but if City Hall is not usable,offices may have to move
to that facility.
Ms. Emery asked about the computer replacement policy. Mr. Miller said there is no
"policy"as yet. A number of computers need to be replaced, and a new service is needed
to integrate the whole city. Mr. Rusten added they are working with Tech Root to identify
what has to be replaced immediately. Mr. Miller stressed that the city is"woefully
behind"with ITech. All servers need to be replaced, and they have been"putting
bandaids" on things.
Mr. Knapp asked if the $25,000 for the"sick bank" is a total. Mr. Rusten said the total is
$99,000.
Mr. Young asked about the previously mentioned $6,000,000.00 deficit. Mr. Miller said
that was the auditor's cumulative deficit across all funds. He added that if the City
Council adopts the"write-off'plan,this budget will wipe out that $6,000,000.00 deficit.
The City expects to see$1,500,000 from bills that should have been sent out and now have
been. Mr. Miller said the"write-off"is a very tough call, and they will test it out with the
auditors. The city feels recovery of that money is very unlikely. It is also very
"backward looking." Staff feels they have found the money that is out there.
Ms. Emery asked the Fire Chief whether films and books were educational. Chief Brent
said they are training materials. Ms. Emery also asked about"doctor services." The
Chief said they have been relying on a doctor in the community and felt it was time to
provide some payment.
Mr. Miller noted there will be a new Fire Inspector position. The position will cost about
$100,000 and the city hopes to take in$200,000 from plan reviews, condo inspections
(which are mandated by lending institutions), etc. The State has asked municipalities to
take over this function, and it is a better service to citizens.
4. Executive Session:
Ms. Emery moved that the Council meet in executive session to discuss personnel and
contract negotiations and to resume regular session only to adjourn. Ms. Greco seconded.
Motion passed unanimously.
CITY COUNCIL BUDGET WORKSHOP
5 JANUARY 2012
PAGE 4
5. 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
CITY COUNCIL 9 JANUARY 2012
The South Burlington City Council held a budget work session on Monday, 9
January,2012, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St.
Councilors Present: S. Dooley, Chair; J. Knapp, P. Engels
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; Chief T.
Whipple, Police Department; Chief D. Brent, Fire Department; other members of Police
and Fire Departments; M. Young
1. Agenda Review:
No changes were made to the Agenda.
2. Comments & Questions from the Audience, not related to agenda items:
No issues were raised.
3. Budget Workshop to Review FY2013 Budget:
Mr. Miller suggested that any changes the Council wanted to make should be made as the
review goes along when department heads and members of the public interested in that
department's budget are present.
a. Fire and Ambulance:
Mr. Miller pointed out that the proposed budget includes the addition of a fire inspection
service. This is anticipated to yield $200,000 in revenues in the first year and is a good
service to citizens and to the city.
Chief Brent noted the budget also includes a washer and dryer for Station#2.
The Chief asked that the capital equipment replacement process continue to be supported
so there are no "peaks and valleys"and they don't have to waste money on repairs for
equipment that needs to be replaced.
Mr. Rusten noted the anticipation is that a new fire truck and ambulance will be needed in
2015.
Ms. Dooley noted some lower numbers from last year mostly due to the pension fund.
She asked if this is a one time only thing. Mr. Rusten said it is not, but it won't be as
substantial in the future. There should still be a savings for a number of years.
Mr. Miller added that this budget partly recovers from the severe step back in 2011. Mr.
CITY COUNCIL
9 JANUARY 2012
PAGE 2
Rusten added that the big increase in expenditures is for one-time expenditures, and there
are some offsetting revenues.
Ms. Dooley asked why there is now holiday pay of$119,000. Mr. Rusten said it was just
not broken out that way before.
Ms. Dooley asked why there are long and short term disability payments when there is
unlimited sick leave. Chief Brent said it is short term disability for the administrative
assistant.
The Chief noted they will be upgrading the billing which they are required to use and are
working toward a paperless system.
Mr. Knapp asked when fire inspections would be done. Mr. Miller said following a
30-day appeal period after a budget is approved. The Chief explained the nature of the
contract with the State regarding inspections. Mr. Knapp felt this was a good investment.
Mr. Miller noted that even in the worst years, the city would still have made money.
Firefighter Vincey said there are things in the budget that they like, especially the new
inspection position and new equipment for personal protection which allows firefighters to
be safe. They are also pleased with the new trucks and ambulance. He said he hoped the
city would continue to support the paramedic program. He expressed concern with the
zero budgeting for salary increases. He noted the bargaining unit made concessions and
have been very fair. He was also concerned with talk of capping sick leave.
Mr. Miller explained that anything that is open to collective bargaining is left open. He
noted that when you put a number in the budget, people see that as a starting point. He
stressed that the city is willing to talk about anything during collective bargaining. He
also stressed that the Firefighters are a great group to work with and he has nothing but
admiration for them. The city will continue to deal with them in good faith during
collective bargaining. He felt the city and the Firefighters were on the same page and not
in an adversarial situation.
b. Police Department:
It was noted that a position has been added for Community Justice Service. This is offset
by revenues. There is discussion about adding a part time person to assist the Community
Justice person.
Mr. Miller said the budget includes replacement of 3 police cruisers. The city will be
paying cash for police cars instead of borrowing. This is also discussion about possible
CITY COUNCIL
9 JANUARY 2012
PAGE 3
vehicle leasing.
Chief Whipple noted that some increases represent a return to where the Department was 2
years ago, especially equipment replacement. The addition of a 6th dispatcher is a
necessity,and it is unwise to go with fewer. Mr.Miller noted that this position has already
been authorized. Chief Whipple cited the long training period for the position. It is per
diem, as needed.
Mr. Rusten noted the increase in revenues and felt the proposed budget was sustainable.
The Chief noted an increase in fines and a decrease in overtime costs.
Mr. Knapp noted there is no budget for accreditation. Chief Whipple said the prior
administration was not in support of it. He personally felt it has value.
Chief Whipple then explained the three special funds: The Project DARE Fund takes in
donations. The Drug Forfeiture Fund anticipates $50,000 in revenues for drug seizures.
(The Chief noted the City has an officer on the Drug Task Force who is totally paid by the
Force. The Department is looking to fill that position with an entry level officer. It also
gives the officer on the Task Force some excellent training and allows him to provide
information to the Department). The Highway Safety Grant is based on the Department's
participation in events. The funds have been used for things such as radar equipment in
the past. Mr.Miller noted this is all money that the city would eventually have had to pay
for.
4. Other Business:
Mr. Knapp said he would like to add another half cent to the tax rate to increase the
contingency fund and felt the Council should take this opportunity to do this.
Mr. Engels asked for an explanation of how the $6,000,000 deficit disappeared. Mr.
Miller said that with this proposed budget,the deficit would be wiped out. The city has
billed for$1,500,000 in invoices that were never sent out, and there is the expectation that
this money will be paid because the projects are still open. About$500,000 of this has
already been collected. Mr. Rusten explained that this will allow the city to pay back
funds that have to be paid back. Mr. Miller said a great deal of the deficit has been
deemed uncollectible and should be written off. Mr.Engels said this should be made clear
to the voters. Mr. Miller added that the Council can get the Auditor's opinion on this at
the 17 January meeting.
CITY COUNCIL
9 JANUARY 2012
PAGE 4
5. Executive Session:
Mr.Knapp moved that the Council meet in executive session to discuss personnel,contract
negotiations and litigation and to resume regular session only for the purpose of
adjournment. Mr. Engels seconded. Motion passed unanimously.
6. 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
CITY COUNCIL 11 JANUARY 2012
The South Burlington City Council held a budget workshop on Wednesday, 11
January 2012,at 7:00 p.m., in the Conference Room, City Hall,575 Dorset St.
Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager;. D. Kinville,
City Clerk; P.Conner, Director of Planning& Zoning; T. Duff, Planning Commission; B.
Milizia,Natural Resources Committee; L. Murphy, J. Kochman, B. Gardner, Community
Library; T. Hubbard, Recreation Department; M. Young
1. Agenda Review:
Items were added for an"other business" discussion, including scheduling of Legislative
breakfasts, meeting dates, legislative issues, and Airport matters.
2. Comments & questions from the Audience,not related to agenda items:
No issues were raised.
3. Budget Workshop:
Members agreed not to discuss budget issues at the regular meeting of the 17th and to meet
for budget discussion on the 18th. Members generally agreed they wanted to look at the
whole budget before making recommendations.
a. Community Library:
Ms. Murphy introduced Jennifer Kochman, head of the Board of Trustees and Betsy
Gardner, President of the Friends of the Library.
Mr. Miller noted that the city had heard a lot from the public and from the Council
regarding the cuts that were made last year. This year, a lot has been added, including
some positions.
Ms.Murphy said the budget includes a full time Children's Librarian and a"Public Service
Librarian"to oversee all adult services. Mr. Miller noted that a current Library staff
person could apply for either of these positions as a promotional opportunity.
Ms. Murphy noted they are working on a 5-year strategic plan with the Board of Directors.
A survey was done of the community to see which way to go. She was pleased that people
still want books. Ms. Murphy said she sees the Library as a place for early literacy
development. They are also very interested in programs to support lifelong learning.
62%of those surveyed wanted longer hours. 64%wanted a place to access
CITY COUNCIL
11 JANUARY 2012
PAGE 2
technology. Both figures represented a wide range of ages.
Ms. Dooley asked how many part time positions there would still be in the proposed
budget. Ms. Murphy said 5,not counting the 2 shelvers.
Ms. Dooley also asked about the fees for non-residents. Ms. Murphy said most people
have been willing to pay. Mr. Rusten said$300 had been collected through December.
Mr. Rusten noted that staff had thought the school was paying for property insurance for
the Library; however, it was learned this is not true. Mr. Miller explained that the insurer
wouldn't cover it under the school plan because it is not school property. The insurance
has now been placed to cover what the city has in the Library(e.g., computers, etc.).
Mr. Miller said there is a question as to which pension plan the part time people would fall
under and whether they will be covered by VMERS. There will be discussion of this with
the pension advisors. Ms. Dooley said she was more concerned that part timers lost their
health insurance when they lost their hours. Mr. Miller said if a policy is decided on for
part timers, he would want it to be equitable. Ms. Dooley said she would like to have a
policy on that as a goal. Mr. Rusten noted there is nothing in the budget that will pay for
that.
Ms. Emery noted a decrease in budgeting for the bookmobile. Ms. Murphy said they
haven't had to use the money for maintenance. She added that if they have a major
problem,they'll figure it out.
Ms. Murphy noted they were cut back 6 hours a week in FY09 and then 3 more hours in
FY10. She would like to consider more evening hours and weekend hours. She noted
that some adults are uncomfortable using the Library with a"high school environment."
She said they could be open 4 nights if they cut the closing hour from 9 p.m. to 8 p.m. It
will still result in the same number of hours. They could also consider cutting back on
Saturday afternoons in the summer. She noted a lot of people would like to see Sunday
hours. She suggested trying one Sunday a month.
b. Planning & Zoning:
Ms. Emery asked about Legal and Technical Review. Mr. Conner explained that last year
the City Council adopted a change in fee schedule. Applicants now pay the things the city
used to cover such as legal review of documents(easements, etc.). Technical review
involves having an independent third party review a plan for a specific issue (e.g.,traffic).
This is also at the applicant's expense.
CITY COUNCIL
11 JANUARY 2012
PAGE 3
Ms. Emery asked about maps. Mr. Connor said they are being moved into the Planning
and Zoning budget from Administrative Services.
With regard to"special funds,"Mr. Conner noted these include impact fees and the energy
efficiency grant(which will probably be spent by the end of the year). Mr. Conner also
noted that a possible open space analysis could use the management funds from the Open
Space Fund.
Mr. Young asked if part time people get a pension, sick time,etc. Mr.Miller said they get
no pension. There is a question as to whether a full time intern would have to get benefits.
There is a law which allows the hiring of that person without benefits.
c. Recreation:
Mr. Hubbard noted a budget increase of 1.92%.
Ms. Dooley asked about the $30,000 facilities budget. Mr. Hubbard said they will be
resurfacing the tennis courts at the High School. If these are not done, the facility would
have to be shut down. $8000 of the money will replace JC Park lights. This also has to
be done or the whole system will be lost. A set of bleachers at Dorset Park will also be
replaced.
Ms. Greco noted that Youth/Adult program went up a lot. Mr. Hubbard said these
increases are offset by revenues. He also noted that there is a planned$3.00 per week
increase in the summer camp fees. No other fee changes are planned.
Ms. Dooley asked the status of funding for the Veterans Memorial. Mr. Hubbard said
they have about$12,000 and are about to have an advertisement(paid for privately)to
solicit funds. They are planning an event to show the full footage taken for the ad. This
will be a catered event at the Majestic Theatre.
Mr. Young said the Recreation Department is an opportunity for people to define who they
are as a community. It is a very simple program and is a"consistent shining star"in the
community.
d. City Clerk:
Ms. Kinville said this will be a very busy year with 3 elections.
Ms. Dooley asked about the postage budget. Ms. Kinville said this covers the sending of
absentee ballots. They will also be sending overnight documents (at a fee) in the future.
CITY COUNCIL
11 JANUARY 2012
PAGE 4
Mr. Engels asked when election workers last got a raise. Ms. Kinville said not in the 11
years she has been City Clerk.Mr.Engels also noted the low pay for Planning Commission
and DRB members.
Ms. Emery asked if the city gets federal money for a federal election. Ms. Kinville said
they get free ballots but nothing more.
Ms. Dooley noted the big increase in pet licenses. Ms. Kinville said that is due to
increased fees. She said they originally got a lot of negative comments on this, but that
has stopped for now. Ms. Dooley asked what cat license money goes for. Ms. Kinville
said$4 of the fee goes to the State for the rabies program. The remaining little revenue is
for the city to cover expenses. Mr. Miller noted there have been feral cat problems, and
this is a health and safety issue.
Ms. Kinville said they were going to send a card to every home in the city to remind people
to register their cats and dogs. They found that an insert would be cheaper. She will also
do an article for the Other Paper.
Ms. Kinville noted the Clerk's office brings in$100,000 more than it spends. She said
they need a part time person they can have on a consistent basis.
4. Other Business:
A. Mr. Miller said he heard from the Williston Town Manager that there is a
conflict with 2 legislative breakfasts on the 30th. Last year when this happened,they
changed, so they asked South Burlington to change this year. Mr. Miller suggested
offering Williston the opportunity to join the South Burlington breakfast. Members
agreed to this. If Williston declines, the 2 will have to meet on the same day as no other
time seems to work for South Burlington.
B. Mr. Miller noted that Bert Munger is co-sponsoring a bill that would eliminate
the penalty for late payment of property taxes. He stressed that this would create a
$100,000 problem for South Burlington and would discourage people from paying their
taxes on time. He noted that a municipality can now choose whether to impose a penalty
and how much(0-8%). He asked if Council members wanted to write a letter to Mr.
Munger and ask him to take his name off the bill or vote against it. Staff will draft a letter
and the Council can decide whether to send it.
C. Regarding the Airport noise data, Mr. Miller said he got a response from Gene
Richards saying they have to consult with their attorney before meeting with the city...a
meeting the Airport asked for. Staff will draft a letter indicating the desire to meet with
T
CITY COUNCIL
11 JANAURY 2012
PAGE 5
them and listing the issues involved.
5.Executive Session:
Ms. Emery moved the Council meet in executive session to discuss litigation and contract
negotiations and to resume regular session only for the purpose of adjournment. Ms.
Greco seconded. Motion passed unanimously.
6. 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
CITY COUNCIL 12 JANUARY 2012
The South Burlington City Council held a budget workshop on Thursday, 12
January 2012, at 7:00 p.m., in the Conference Room, City Hall,575 Dorset St.
Coucilors Present: S. Dooley, Chair; M. Emery, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; J. Rabidoux,
Public Works Director; T. DiPietro, Stormwater Superintendent; J. Fay, J Timecki, Water
Department; M. Young, L. Bresee
1. Agenda Review:
No changes were proposed.
2. Comments & Questions from the Audience, not related to agenda items:
Ms. Dooley noted that she and Mr. Miller had testified before the State Legislative
Committee regarding the proposed Charter amendment dealing with voting. The
Committee voted out the amendment 11-0. It will now go to the State Senate Committee.
They are aware of the time constraint so the amendment can be in effect for the March vote.
3. Budget Workshop to review FY2013 Budget:
A. Water Fund/Department:
Ms. Dooley asked why the water rate is up 28% if the budget is up only 4.14%. Mr. Fay
said it is a result of water sales. Mr. Rusten added that some revenues are also going up,
and some are going down. Mr. Miller said some insurance costs were also backed out
because they were not justified.
Ms. Dooley asked if last year's flooding resulted in less water usage. Mr. Fay said it did
not. Mr. Fay also noted that South Burlington's rate markup is the lowest of the 12
communities in CWD.
Ms.Emery asked what factor water meters play in the rates. Mr. Timecki said meters lose
accuracy over time. The "radio read" system is static because of technical issues. There
is a 14% failure rate. The company offered to replace the radio heads at no charge, but
even with the new ones,the failure rate was 14%. CWD then decided not to use them.
There is no failure rate with the touch pads. Mr. Miller said he felt that was the correct
decision. He added that there is discussion as to what it would cost to replace all meters
(old ones have to be replaced anyway), financing that and quickly picking up cost
efficiency of reading the meters from vehicles, using a different manufacturer. Mr.
Timecki noted that in another community there is a-1%failure. Mr. Miller said they may
CITY COUNCIL
12 JANUARY 2012
PAGE 2
also look into antennas in the city that would eliminate the labor cost altogether.
Ms. Emery said she wanted to learn from the mistake and felt responsible because she was
on the Council that made the decision for the meters that failed. Mr. Fay said they went
with a product that was not one of the top 2 in sales but was a good product based on
responses. He noted that one of the ones they will be looking at has a guarantee money
back arrangement based on an error rate.
Mr. Timecki said the cost for meter replacement(material and some labor costs)would be
$1,087,000. If you bond for it,you have to add interest costs. He noted that labor costs
would overwhelm the department, so there would have to be additional labor bringing the
cost to $1,300,000. Mr. Miller said this could be amortized over 10 years and could be a
good decision if error rates,etc.,are figured in. They are aiming for a proposal in time for
the November ballot. Ms. Emery asked if this is figured into the debt. Mr. Miller said it
is not as they don't have enough cost information yet. This will not affect the FM13
budget.
Ms. Greco asked what"inactive"means with regard to meters. Mr.Fay said you just can't
get a reading from a vehicle. You have to physically go to the meter to read it.
Ms. Dooley noted that equipment rental is up about a third. Mr. Fay said it goes up and
down every year, depending on the type of vehicle which is purchased for South
Burlington.
Ms. Greco asked about the"administrative services fee." Mr. Rusten explained that this
began last year and has increased in this budget. There is also an excavation fee for
digging,the same as the city would charge anyone else.
b. Stormwater:
Mr. Miller said no rate increase is proposed. Mr. Rusten added that there is now a 5-year
capital plan.
Mr. Rabidoux said they are now accounting for all money going through storm water, and
the increase is almost a direct offset. They are also putting money aside for future
expenses.
Ms. Greco asked about bills from the federal government. Mr.Miller said these amount to
$40,000,000. Mr. DiPietro said this relates to stream conditions. There are plans from
the state, and that is the cost to implement those plans. Mr. Miller said future plans
haven't been identified because the rules are not yet set.
CITY COUNCIL
12 JANUARY 2012
PAGE 3
Mr. Rabidoux noted that South Burlington was very forward in establishing the
Stormwater Utility, knowing that at some time this would have to be put in place. Some
communities will be facing a much steeper curve to catch up. He added that South
Burlington will not be on its own for the $40,000,000. There will be some kind of
revolving funding.
Mr.Miller said the question is why this is being done municipality by municipality when it
should cover a watershed. He added that the politics are very complicated. He agreed
that the Stormwater Utility was a good investment.
Ms. Dooley asked if Land Development Regulations require a developer to address storm
water issues so as not to make things worse. Mr. DiPietro said they do.
Mr. Rusten noted there is $20,000 in the budget to fund a study regarding equity and how
the charging method is structured. The aim is to figure out long-term how to put in
enough money.
Ms. Dooley questioned what regulations would apply when units are built under the recent
land-swap. She noted that the original approval was under the old regulations. Mr.
Miller said they will now be governed by the new regulations. Ms. Dooley said
homeowners are concerned they will have to foot the bill instead of developers. Mr.
Miller said this is a state-wide issue, not related specifically to South Burlington.
Mr. Miller noted the difficulties for people when fees increased, but they were told there
wouldn't have to be such large increases in the future. This year there is no increase.
Ms. Emery asked for an explanation of what a water bill includes. Mr. Rabidoux
explained how the bill encompasses water, sewer and storm water. CWD does the billing
for storm water as well as for water and sewer.
Ms.Emery asked about vehicles and equipment in the budget. Mr.Rabidoux said they are
trying to create"cost certainty." Stormwater doesn't have much equipment,but what they
have is expensive. To eliminate spiking,they have decided to allocate $200,000 a year to
level fund fleet purchases. This year they will purchase only a smaller piece of
equipment.
Ms Emery also noted the large fuel bill. Mr. Miller said they are budgeting what they are
actually spending.
Ms. Emery asked about orthophotography. Mr. Rabidoux explained how photographic
maps provide accuracy in finding the location of pipes, etc. The maps also come with
CITY COUNCIL
12 JANUARY 2012
PAGE 4
topography.
Mr. Engels asked if commercial/industrial property will also be looked at when
considering equity. Mr. Rabidoux said that hasn't been defined yet. What they are
hearing from the public has to do more with residential property.
Members asked to know the storm water payments of the top ten payers.
Ms. Emery asked if street curbs are detrimental. Mr. Rabidoux said you create a closed
system with curbs. The water has to go somewhere. He added that it does get more
treatment prior to release. Mr. Miller said the problem with getting rid of curbs is that
subdivisions are designed abound curbs and ponds, and there may not be enough room for
an alternate system. Mr. Rabidoux said curbs have both benefits and liabilities.
Mr. Bresee said storm water is a very small part of what the city does. He felt that doing
this in detail like everything else was good.
Mr. Miller then explained that arrangement with the state regarding storm water payment.
They explained what they do on roads that they should get credit for. Mr. Miller said it is
refreshing to work with this State administration on this issue. It's a big change from the
past.
c. Water Pollution Control
Mr. Miller said there is more good news here. Because of the previous increase in fees,
they are on a curve to build up a reserve for future needs. They have flattened the rate
increase to 1.5%and that includes an additional staff person for a position that has been
unfilled since Steve Crosby's promotion. The position is necessary for the new,upgraded
facility.
Mr. Rabidoux cited the challenges this year, having to work in a plant that was under
renovation/construction. He noted the plant gets the highest possibly grades in annual
inspections.
Mr. Miller said they are working on a Class A sludge issue and hope that will produce
additional budgetary benefits in years to come. He also noted they are building up funds
for a large loan payment next year.
Ms. Dooley noted that salaries are up 12% and health insurance is up 27%. Mr. Miller
said you have to assume the new hire will have a family membership. Mr. Rusten added
they are also budgeting in a 10% increase because they don't know what the health
CITY COUNCIL
12 JANUARY 2012
PAGE 5
insurance cost will be. Mr.Miller said if it is less than 10%,the money will be returned to
the coffers
Mr. Young said he had a problem with a 12% salary increase. Mr. Miller said nobody is
getting a 12% increase. That increase covers a new hire.
d. Public Works and Parks:
Mr. Rabidoux said the shop is in the best position ever from the standpoint of morale.
Mr. Miller noted that the budget includes one additional truck driver.
Ms. Greco asked if there is enough staff and equipment to handle snow. Mr. Rabidoux
noted that last year was the third worst year in history for snow. At that time, some
equipment was at the end of its lifetime, and they had not been replacing equipment on a
schedule. That is being done now. Mr. Miller added that last year there were big dumps
of wet snow that couldn't be maneuvered. This overwhelms anyone's system and was not
a function of any budget cuts that were made. He also noted that no routes have been
added in 10 years,but with the right equipment that may not be needed.
Ms. Emery asked about salt purchase. Mr. Rabidoux said it is based on history. He
stressed that they don't control spending by not salting.
Ms. Greco asked about potholes. Mr. Rabidoux said the major problems are on Routes 2
and 7, and both will be repaved this year. Mr. Miller stressed that these are both state
roads,not the city's.
Mr. Rabidoux noted that Spear Street will be repaved this year.
Ms. Emery questioned that amount for gasoline. Mr. Rusten said they have broken out
school buses this year.
Ms. Emery asked about building improvement. Mr. Rabidoux said the office is 10 years
old and has a few problems. They also need additional storage for salt and sand. This
needs to be under cover. They also need a couple more garage bays. Mr. Rusten noted
the new project manager will be addressing that as part of a capital plan.
Ms. Dooley asked about having staff do some things that don't have to be contracted out.
Mr. Rabidoux said they do that when they can. Mr. Bresee said the state has put some
restrictions on that when it's related to grants. He said they encountered that at Tilley
Drive.
CITY COUNCIL
12 JANUARY 2012
PAGE 6
Ms. Greco said she doesn't know how they manage to get so much done with the size of the
staff. Mr. Miller said the word is"efficiency." He noted the city will still have less staff
than 2 years ago, but with fine tuning, etc.,they are a lot close to where things need to be.
He also noted that there is a lot of offsetting revenue accompanying costs.
Mr. Engels said he personally would like to see more personnel in Public Works and
Planning and possibly less in Police as crime is down. Mr. Miller noted the Project
Manager is a response to Planning and Public Works. She will deal with long term
planning and thus allow more time for daily activities. He stressed they are trying to move
forward without too much sticker shock.
Ms. Dooley noted a reduction in recreation staff for maintenance. Mr. Rabidoux said
historical actuals haven't been expended. He added that sometimes they share expenses
with the Recreation Department, and some of that money is more appropriate for the
Recreation Department budget.
Mr. Bresee noted the Recreation Path Committee has a lot of interest in what Public Works
does. He added that they have been looking forward to the Spear Street work.
4. Executive Session:
Ms.Emery moved the Council meet in executive session to discuss contracts and to resume
regular session only for the purpose of adjournment. Ms. Greco seconded. Motion
passed unanimously.
5. 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
CITY COUNCIL 17 JANUARY 2012
The South Burlington City Council held a regular meeting on Tuesday, 17 January
2012, at 6:30 p.m., Orchard School.
Coucilors Present: S. Dooley, Chair; M. Emery(arrived late), J. Knapp, P. Engels, R.
Greco
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; I . Blanchard,
Project Manager; P. Conner, Director of Planning & Zoning; T. Hubbard, Recreation
Director; T. DiPietro, Stormwater Superintendent; A. Lafferty, City Attorney; P. & B.
Nowak, K. Donahue, E. Knudsen, R. Deslauriers, Sr., P. O'Brien, E. & J. Goldberg, T.
Duff, D. Seff, L. Yankowski, D. O'Rourke, J. Simson, J. Ilick, F Murray, M. Cloutier, L.
Llewellyn, J. Larkin, M. Young, E. Farrell, S. Dopp, T. Cutler, L. Williams, D. Wilbur,
M. Mahoney, M. Sykes, M. Barrows, M. Simoneau, F. Kochman, J. Bilodeau, B. Gilbert,
D. Leban, D. Burke, J. Russell, S. Austin, Mr. York, M. Goodrich, L. Michaels, L.
Murphy, F. Coffey, E. Biggins, J. Fuesner, E. Pomerleau, T. Finard, J. Jaeger, B. Stuono,
other members of the public
1. Executive Session:
Ms. Greco moved the Council meet in executive session to discuss personnel, contract
negotiations, and litigation. Mr. Knapp seconded. Motion passed unanimously.
Regular Session:
Ms. Greco moved the Council exit executive session. Mr. Engels seconded. Motion
passed unanimously.
1. Agenda Review:
No changes were made.
2. Comments & Questions from the Audience, not related to agenda items:
No issues were raised.
3. Announcements and City Manager's Report:
Ms. Dooley: The House Committee on Operations approved the proposed changes to the
South Burlington City Charter 11-0. This will go to the Senate Committee on Thursday.
Mr. Miller: The FY2011 audit is not yet complete. It will be rescheduled so that findings
can be presented in a public meeting.
CITY COUNCIL
17 JANUARY 2012
PAGE 2
The VLCT Legislative Day is 15 January in Montpelier. Council members who
wish to attend should let Mr. Miller know.
There will be a special City Council meeting tomorrow at 6:30 p.m. regarding the
FY13 budget.
Mr. Miller introduced Ilana Blanchard,the new city Project Manager.
4. Consider approval of funding a Management Study to be conducted at Red Rocks
Park:
Ms. Yankowski, Vice Chair of the Red Rocks Park Advisory Committee said the
Committee would like to use some of the Open Space Fund to do a study of Red Rocks
Park. The study would be done by UVM. The aim is to plan to better care for the park.
Ms. Yankowski directed attention to the"objective list"which will be given to UVM.
The work will be done by a graduate course and would start in the spring and run through
next spring. Mr. Hubbard said the application is due by the end of January. Ms.
Yankowski said the study would not require any supervision by city staff.
Ms. Greco asked if the Wheeler Park study was done with Open Space Fund money. Mr.
Conner said that study was done prior to the vote which allowed Open Space Fund money
to be used for this purpose.
Ms. Greco moved to approve funding from the Open Space Fund for a Management Study
of Red Rocks Park, as presented. Mr. Knapp seconded. Motion passed unanimously.
5. Consider Giving Approval of the City Manager to execute the Project
Participation Agreement for Bartlett Brook North Stormwater Project:
Mr.DiPietro directed attention to the agreement copy. He noted this has been budgeted in
this year's budget. The project is ready to go.
Ms. Greco moved to allow the City Manager to execute the Project Participation
Agreement for Bartlett Brook North Stormwater Project as presented. Mr. Knapp
seconded. Motion passed unanimously.
6. Public Hearing on Proposed Interim Bylaw; second reading of same with possible
action by the Council:
Ms. Dooley explained that the Council would need to meet in a brief executive session
CITY COUNCIL
17 JANUARY 2012
PAGE 3
prior to the public hearing.
Ms. Dooley moved the Council meet in executive session with the City Attorney to discuss
potential litigation. Ms. Greco seconded. Motion passed unanimously.
Following the executive session,Ms. Greco moved that the Council exit executive session.
Ms. Emery seconded. Motion passed unanimously.
Ms. Dooley advised that she had received a request from attorney Liam Murphy asking her
to recuse herself from participating in the interim zoning discussion by the Council on the
grounds of a conflict of interest. A letter was also received from Ralph Deslauriers to this
effect. Ms. Dooley indicated that she had written a response to The Other Paper. She
also noted that City Attorney Steve Stitzel says this claim is groundless. Ms. Dooley read
from Attorney Stitzel's letter to this effect. Ms. Dooley said she felt the best thing she can
do is not recuse herself and to serve the citizens of South Burlington.
Ms. Dooley then noted that a complaint was filed today against her and against the city.
The City Attorney has said that there is nothing in the complaint that should prevent her
from serving on the City Council at this meeting.
Ms. Greco then moved to open the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Ms. Greco moved to waive the first reading of the interim zoning bylaw. Ms. Emery
seconded. Motion passed 4-1 with Mr. Knapp opposing.
City Attorney Lafferty then explained the two situations in which a city can adopt interim
zoning:
1. The city is doing a study of the area(s)proposed for interim zoning
2. The city has held meetings regarding a plan, addition to a plan, etc.
Ms. Lafferty said interim zoning is adopted as an emergency measure. It would become
effected upon passage.
Ms. Lafferty noted that under interim zoning the City Council would hear applications for
developments and could approve them as a conditional use. The proposed use would have
to be consistent with the health, welfare and safety of the community.
Ms. Dooley explained that the Council is considering this measure to address issues of
affordable housing, sustainable agriculture, and form based codes. She noted the city has
CITY COUNCIL
17 JANUARY 2012
PAGE 4
contracted for a study on form based codes for City Center and is interested in seeing if this
could be applicable elsewhere in the city.
Ms. Greco said there have been a lot of comments about interim zoning. People say the
timing was inappropriate in December. She said that all the Council did in December was
decide to discuss interim zoning. People also said it was inappropriate because of the
budget process. Ms. Greco said that was a good time to discuss it. People have also said it
was"unprecedented." Ms. Greco noted that interim zoning has been imposed 5 times in
past years. People have also cited the cost to the city. Ms. Greco said there may be a
surplus this year that can be used to fund interim zoning. People have said the Planning
Commission should address the issues. Ms. Greco said the Council has asked the
Commission to address certain issues,but these are low on the Commission's work list.
People have also cited the current economy. Ms. Greco felt that it is a good time to plan
when home sales are low. People have cited the jobs that were lost during the previous
interim zoning. Ms. Greco said there are 700 approved homes on the books that could be
built during interim zoning. People say"South Burlington is closed to business." Ms.
Greco said that would be true if construction were the only business. But there are many
businesses in the city. People have cited"uncertainty." Ms. Greco said there is already
uncertainty because of lack of specificity in the Land Development Regulations.
Regulations can be written for more specificity. People have said it is short-sighted to
think we can have smaller homes. Ms. Greco said if we don't try, we will never
accomplish anything.
Ms. Emery said she is open-minded. She felt it was important for the Council to state that
were this to pass,projects would still come forward and could be permitted. There would
be just another set of eyes to look at them. Ms. Emery stressed that her vote to consider
this did not mean she would or would not vote for this proposal. She said she was here to
listen.
Mr. Knapp said he was uncertain about an ultimate goal. He felt that studying affordable
housing, form based codes, and sustainable agriculture were legitimate goals(even though
sustainable agriculture is economically doubtful in South Burlington). But he felt that
interim zoning is going about this the wrong way. In the past,Mr. Knapp said,there were
discussions among all stake-holders prior to interim zoning. It was done in a careful,
thoughtful process. He added that he didn't see a reason for interim zoning and felt that the
Planning Commission should be allowed to do the work it is empowered to do. He also
added that he hadn't heard from anyone that the city's planning process is not functional.
These boards have developed an expertise, and he didn't see a reason to short-circuit the
process. Mr. Knapp also noted that the study of cottage housing is being done by an ad
hoc committee, not a professional, funded study. It is looking at only one kind of
affordable housing, and there are many. He was not aware of any study being
CITY COUNCIL
17 JANUARY 2012
PAGE 5
done regarding sustainable agriculture or the conservation of open space. Mr. Knapp
agreed that the study of form based codes is appropriate. The city will get a report from a
study being done;if doing this for the rest of the city is deemed appropriate,let's study that.
Mr.Knapp said he didn't see where the interim zoning statute allows you to impose interim
zoning first and study it afterwards. He was also concerned with certain"protected
classes"which are excluded from the proposed interim zoning bylaw. He felt this was
discrimatory as these were"higher end"properties where affordable housing won't be
built. Mr. Knapp said he didn't see how affordable housing, sustainable agriculture, and
open space relate to alteration of existing buildings. He did not see how what is proposed
would protect the health, safety and welfare of the city as it does not provide for"orderly
physical and economic growth." Mr. Knapp also felt it was incumbent on the policy
making body to have a clear economic analysis of what the ordinance will cost, and he felt
this should be done by a professional organization. He cited potential budget impacts,and
appeals of taxes by Iandowners who can't develop their properties.
Public testimony was then taken,with South Burlington residents permitted to speak
before non-residents. Testimony included the following:
Ms. Dopp: Was concerned with time. There is a current process with the Planning
Commission and the DRB, and it is a good process. But there is a huge body of work to
get through, including the Comprehensive Plan and the Land Development Regulations.
During that time there could be a number of proposals from the development community.
Mr. O'Brien: Felt the city should do the studies first and then come back with interim
zoning, if necessary.
Mr. Cutler: Has one small seasonal business but has to go through the planning process
every year. The city doesn't lack rules to protect its citizens. Interim zoning would
affect his ability to open his business. He felt the city would be"risking the future in the
name of protecting the future." Unintended effects could do irreparable damage.
Mr. Scollins: Has a daughter looking for a home, and there is a paucity of affordable
housing. Is sensitive to the concerns of developers and builders. Appreciates the
ambiguities in some regulations. Thinks the DRB and Planning Commission need better
guidelines.
Ms. Williams: Took issue with the language of the bylaw citing the vagueness of words
such as "much,""affordability,"and "trends unlikely to change." She cited the loss of
200 homes taken by the airport. Felt the bylaw was poorly written Asked if interim
zoning will be in effect for 3-6 years as that is the time cited for completion of the
CITY COUNCIL
17 JANUARY 2012
PAGE 6
Comprehensive Plan.
Mr. Young: Concerned as a taxpayer with the unfunded cost. Interim Zoning is not part of
the budget process. Felt that municipal spending is as "runaway" as development.
Mr.Wilbur:Dismay at congestion and loss of open land. Hinesburg and other places have
kept their original nature. Cited 20.3%growth in 10 years which is disproportionate to
surrounding communities. 30% of the growth in Chittenden County has been in South
Burlington. This puts stress on city services. The city can't find money for a community
center, library, etc., which other communities have.
Ms. Quest: There could be shortfalls in oil. Food could have to be grown locally because
of lack of transportation. Recommended the book: "The Very Hungry City." Felt action
is required now.
Mr. Mahoney: Opposed to interim zoning,particularly with this City Council. Felt it
would have a"chilling affect"on the Grand List. Felt this Council is not equipped to deal
with zoning questions objectively. Developers need guidelines and regulations,but that is
why there are bodies in place to do that. Felt the issue should be put on the ballot.
Ms. Goldberg: These are the worst economic times. Government needs to encourage
employment. There is also a cry across the nation for fewer regulations, but South
Burlington is talking about more. Every regulation in the past has studied affordable
housing. Every home in South Burlington has the ability to have a garden for sustainable
agriculture. Felt interim zoning was a blatant abuse of power.
Mr. Donahue: Is on the fence about interim zoning. Feels the city got here because of the
TDR issue. He might favor a limited scope for interim zoning. Didn't think the City
Council could do the job without the DRB. Cited the need for building inspectors in the
city and hoped that would be studied.
M. Sykes: South Burlington is a very successful community and people should be happy
about that. Felt there are inconsistencies in what the Council is saying. Interim zoning
will actually restrict affordable housing. A small house on a large piece of land is not
good environmentally. The city is supporting road connections that will eliminate the
most beautiful open space. Can people appeal the decision of the City Council?
Ms. Dooley said she believed the appeal was to the Environmental Board.
J. Barrows:Not in favor and agrees with Mr. Knapp. There is confusion among people in
town and disagreement with facts. Felt there is lack of leadership by the Council, and
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17 JANUARY 2012
PAGE 7
that this is not being presented in a clear way. There is lack of trust in the Council.
People think there is a `hidden agenda"with some members. Interim zoning should be a
ballot item.
M. Simoneau: It is hard to step into an environment where there is disagreement.
Unfortunately,this is a"for"and"against" conflict which has divided the city. It was a
hasty action by the Council. The question is how do people want to be governed. Three
people can"hijack a democratic process"without concern for the outcome. Felt this is an
abuse of power.
J. Larkin: Many people think of development as a disease. His company employs 300
people, and those jobs would not exist without development. Plumbers, electricians, etc.
will be affected by this. His company has done a lot of affordable housing,and he is proud
to be a developer. The costs of this are unknown and could be substantial. The reasons are
unclear. It"collapses the checks and balances and puts responsibility in the hands of a
few." More explanation and more documentation is needed.
J. Bilodeau:Represents a lot of businesses as a CPA. Businesses are job creators. He has
seen enough red ink in South Burlington and Chittenden County to last a lifetime.
Developers have "gotten it in the seat of the pants." "If you put one person out of work,
you will have one more reason for an affordable house."
B. Gilbert: Many citizens have expressed concerns which brought about interim zoning.
Some members of the DRB and Planning Commission support it. Thanked the Council
for turning around the budget issues and was sorry to hear people attacking Council
members personally. Felt interim zoning should be done right. Asked the"nay-sayers"to
come up with better language.
Mr. Kochman: Concerned with personal attacks on the Council. Asked the Council to
listen to small business owners. Felt the Council should rely on staff which was hired for
its expertise. Would like to see suspension of waivers. Thinks PRDs are abused.
D. Leban: Would like a legitimate alternative to interim zoning that would result in
affordable housing, energy efficient buildings, land for gardens, wildlife corridors, and
small lot development. Felt this can be done without interim zoning.
J. Russell: Cited the number of people who want to change their housing footprints in order
to sell their homes. This will extend the time needed for closings on houses for people
who have lost their jobs and can't afford to pay their mortgages.
S. Austin: A"lower class" citizen who felt she was not represented. Felt interim zoning
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17 JANUARY 2012
PAGE 8
does not need to happen. There is a board in place to handle things. If what the Council
wants isn't high enough on the Planning Commission list, get them to change the list.
Mr. York: Neither for nor against. Asked the Council to consider if further and give
citizens more information, including a large map showing where interim zoning might
apply. Designate what would be"open land"and what would be"developable land."
Come up with specific objectives.
D. O'Rourke: This is a lot broader than the City Council thinks. He couldn't understand
why someone would have to come to the City Council to build a garage. Felt this will
result in a lot of litigation against the city. Stressed that"non-residents"contribute to half
of the city's Grand List by investing in the community. They shouldn't be vilified.
D. Burke: Noted that paragraph 2 cites the importance of sustainable agriculture, but
municipal lands and agriculture north lands and other potential agricultural lands have
been excluded from interim zoning. Noted that almost all projects had to go through a
"prime ag"review and had to mitigate the use of these lands in order to build.
L. Murphy: Represents a number of interests in the community, many of whom have lived
in the city for 50 years or more. Noted that the lawsuit filed today had another element:
the lack of a standard for the City Council to decide on a project. The only standard is
"health, welfare and safety." Asked if the Council would ignore 600 pages of zoning
regulations. Noted the city lost this lawsuit once in the J. M. Golf case because of a lack
of standards. There are no standards to the proposal, and that is why people are
concerned.
Ms. Dooley read from the statute as to what the Council will consider. Mr. Murphy said
that is still not a standard.
M. Goodrich: Interim zoning would have a detrimental affect on a piece of land his family
owns. The only viable action for them would be to demolish and rebuild rather than sell
the land, which was their first choice. Redevelopment of the property would be better for
the city by making it more beautiful, creating jobs and adding to the Grand List.
R. Deslauriers: This is a total moratorium in certain parts of the city. To say otherwise is
disingenuous.
L. Michaels: Represents the O'Brien Brothers who grew up on a farm in South Burlington
which is now the community center in J.C. Park. The O'Briens have served the housing
needs of the city for many years, especially affordable housing and housing for the elderly.
They are committed to meeting the present and future needs of the
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17 JANUARY 2012
PAGE 9
city and want to work together with the city in a cooperative manner in a way that is
responsive to citizens and business goals. He cited possible unintended consequences of
interim zoning and noted that though he doesn't live in South Burlington,he shops, eats,
and spends a lot of money there.
F. Coffey:Representing GBIC and the Regional Chamber of Commerce. Is working with
people to increase business. Interim zoning could result in a situation where people
choose to move elsewhere by creating an environment of uncertainty for employers and
potential employers thinking of moving here. It would also further curtail already hard
hit industries. Feels this goes against the principle of"orderly growth." Felt there are
better solutions.
E. Biggins: Felt like a second class citizen because he doesn't live in South Burlington.
Has a business and pays taxes here. Felt interim zoning belies the concept that the city is
"open for business." He employs 24 people and would like to expand and hire more.
Feels that at least several people on the Council would be hostile to his company's aims.
Felt"cottage housing" seems"faddish." The market can tell you what areas need; if
cottage housing was needed, it would be built. "You scare me."
Ms. Emery said the focus on"residents"had to do with"local control." Mr. Biggins
replied that his investment in South Burlington is greater than that of many residents.
J. Ilick: Employs working people in South Burlington. Bought their property at a very
depressed time. The City Manager and City Council were happy they chose to develop
here. Have built LEAD certified buildings and walking trails. Green Mountain Coffee
employs 600 people. People have told him that any business reading this bylaw would
"make skid marks to get out of town." The bylaw is already doing irreparable damage to
the city.
J. Feusner: Has built many residences over the years,from high end to affordable. Feels
this interim zoning is not appropriate to achieve affordable housing. He currently builds
$250,000 units in the city,a modest sum. The best way to make housing more affordable
is to reduce impact fees. For 3 units in South Burlington, it cost$17,000 in impact fees.
Drop impact fees, and house prices will drop.
E. Pomerleau: Has worked with South Burlington for 40 years. A few hours ago,he got
the last building permit he will get for a long time. It took 3 long meetings to get through
a tiny addition to commercial building. South Burlington has one of the finest planning
staffs, very diligent and professional. For the City Council to take this on would be very
problematical. This is"throwing the baby out with the bathwater." Let's work together.
CITY COUNCIL
17 JANUARY 2012
PAGE 10
Unidentified speaker: Affordable housing and sustainable agriculture are very laudable.
He said he was speaking for sustainable jobs. They are at the maximum of their building
and are dedicated to staying in South Burlington. Under interim zoning they would have
to look at leaving the city and going elsewhere. Asked for a vote tonight.
T. Finard: Represents the family which owns Umall. A good idea to go through a
thoughtful process, but a moratorium will shut down development. To the real
commercial world, South Burlington will be closed. The system is arbitrary and biased.
J. Jaeger: Has been dealing with the Planning and Zoning staff and the City Council for
many years. Respects their hard work. This seems like a"slap in the face"to say the
system has failed and you have to shut everything down. Zoning is supposed to support
the town plan. Interim zoning will bring a screeching halt to affordable housing and
high-paying jobs. South Burlington has one of the shortest commutes in the country. Its
economy is characterized by diversity. It has been a good place to start a business. There
is no reason to shut it down.
Ms. Dooley noted that last year they extended the public hearing to allow for public
comment by e-mail, etc., and to give the Council time to digest what they heard tonight.
Ms. Greco said she thinks very highly of the staff that serves the city. They are top notch.
Ms. Emery said she has 3 issues: a need for clarity, a need to look for specific objectives,
and the possibility of developers coming forward to help the city with this.
Ms. Dooley said she only asked that residents speak first because last year some residents
left because they didn't have a chance to speak. She was sorry people felt they were being
disparaged.
Mr. Knapp suggested tabling this discussion and putting it on hold,then gathering
stakeholders and going forward with a collaborative effort instead of in a combative
methodology. He made this in the form of a motion which was not seconded.
Ms. Greco moved to extend the public hearing to 31 January 2012 for the purpose of
soliciting more written input. Mr. Engels seconded. Motion passed 3-2 with Mr. Knapp
and Ms Emery opposing.
7. Other Business:
Members discussed whether to close the public hearing and when. Mr. Miller said there
has to be a vote to close it. It can be closed as of 31 January, if members choose.
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17 JANUARY 2012
PAGE 11
Ms. Emery moved that the Council meet on Thursday, 2 February 2012 at 4:30 p.m.,to
discuss interim zoning and to take action. Mr. Knapp seconded. Motion passed
unanimously.
Ms. Dooley moved to close the public hearing and the period for public comment effective
4:30 p.m. on Tuesday, 31 January 2012. Ms. Greco seconded. Motion passed
unanimously.
8. Review and Approve Minutes of 3 January 2012:
Ms. Greco moved to approve the Minutes of 3 January 2012 as written. Ms. Emery
seconded. Motion passed unanimously.
9. Sign Disbursement Orders:
Disbursement Orders were signed.
As there was no further business to come before the Council,Mr.Knapp moved to adjourn.
Ms.Emery seconded. Motion passed unanimously. The meeting was adjourned at 10:55
p.m.
Clerk
CITY COUNCIL 18 JANUARY 2012
The South Burlington City Council held a regular meeting on Wednesday, 18
January 2012, at 6:30 p.m.,in the Conference Room, City Hall, 575 Dorset St.
Coucilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten,Assistant City Manager; D. Kinville,
City Clerk; P. Conner, Director of Planning& Zoning; Chief T. Whipple, Police
Department; Chief D. Brent,Fire Department; J. Rabidoux, Director of Public Works; T.
Hubbard, Recreation Director; L. Murphy, Community Library; M. Young
1. Review of proposed FY12 budget:
Ms. Dooley indicated that she wanted to address two topics at this meeting: looking at
writing off the"due to"forms and looking at funding for interim zoning. Ms. Emery said
it was her understanding that there would be a small deficit in the FY 11 budget and that the
projection is for a small surplus in FY12. Mr. Miller said that while they are presently
anticipating a$200,000 surplus, there is no guarantee this will remain the case. The
Auditor has indicated a possible $200,000 deficit in the General Fund for FY11. Mr.
Rusten added that for FY 11,there is a small surplus in the storm water fund and a deficit in
the sewer fund. The water fund is unknown at this time. He stressed that all of these are
estimates and that there are some issues with accounts receivable and how things are
posted. Mr. Miller cautioned members not to spend the possible surplus money.
Mr. Miller noted that City Council approval is needed to write off the remaining pre-FY11
deficit. He felt it is hopeless to do any more about this but added there is no time limit for
writing it off. Mr. Rusten said he has sheets to show all the funds involved. He felt this
should be formally warned as there are residents who may want to hear that discussion.
Mr. Miller said he would like the Council to act on the telephone system maintenance fund.
This would reduce the amount budgeted for telephone in the City Manager's budget from
about$9000 to $2,704 and would reduce the overall general fund expenditures by $2,958.
Mr. Miller said they can't find any reason for why things were allocated in the old way.
Mr. Knapp then moved to adopt draft changes to the general fund as presented on spread
sheets dated 18 January 2012 to reallocate telephone expenses among various departments
and to amend line 58 to strike the $2.00 to zero and reduce the general fund revenue by
$2.00. Ms. Emery seconded. Motion passed unanimously.
Ms. Dooley questioned the vehicle for the Fire Inspector(p. 5) and asked how much
revenue is expected in future years. Mr. Miller estimated about$75,000 revenue over
expenses in FY13 and about$100,000 a year over the next few years. The intent is to
CITY COUNCIL
18 JANUARY 2012
PAGE 2
allow replacement of vehicles (including fire trucks) to be paid for in cash instead of by
borrowing.
Ms.Dooley said she doesn't understand what happens to if the city doesn't pay the$26,000
to the schools. Mr. Miller said there is no reason to "take money out of our right pocket
and put it in our left pocket." He said that what the schools do with those agencies is up to
them. Mr. Rusten added that this money was not covering all the costs from not charging
the agencies who use the school. Mr. Miller added that there is a question as to whether it
is even legal for the city to give the school money for this purpose. He said the schools are
not sure whom they get money from and whom not. Ms. Dooley said her concern is that
the agencies will attribute getting charged to the city not paying the $26,000. Mr. Miller
said the city should not be blamed. The school has not been charging when they should be
charging. It was also the schools' proposal that the city not pay them that money. Mr.
Rusten said this appears to have been an Act 60"dodge"and actually hurts those in the city
who are subject to income sensitivity.
Ms. Dooley noted that Mr. Knapp had asked that an extra cent be added and put into the
contingency fund. Mr. Miller said the auditor recommends putting money into an
"undesignated reserve"fund. In this type of fund money can stay year after year until the
City Council takes it out for some use. Mr.Rusten said that typically that money is for an
emergency beyond contemplation. Mr. Miller said some communities use it as a"rainy
day fund"to offset taxes.
Ms. Dooley noted that money is not included in FY11 from the Airport. Mr. Miller said
there was money for the tax agreement but not for the"fee for services." Money has not
been in the FY10, FY11, FY12 or FY13 budgets for the latter.
Ms. Dooley asked if the FY13 budget anticipates additional revenue from storm water
from the Airport. Mr. Rusten said it does,but the amount is not known. Mr. Miller
added that the public was promised that this would be examined very carefully,and there is
money in the budget to do that. A bill has not yet been sent, and the city isn't sure what
credits the Airport will apply for and what they will get. Mr. Rusten said they are now
paying a flat$160,000 fee. Mr. Miller said that is the amount they will be billed.
Mr. Engels asked for an"unvarnished" opinion from each Department Head as to what
they think of their budgets.
Chief Brent: Very good. Can project some things. Also getting better tracking and a
better idea of actual costs.
Chief Whipple: Have more faith in the budget. In the past there were "adjustments"
CITY COUNCIL
18 JANUARY 2012
PAGE 3
made. Now the budget is put together with"many eyes on the paper." Expenses had to
be justified. He is more comfortable this year; in the past, they always felt they had to
spend money fast or there could be freeze. The current process is more comfortable and
more transparent.
Mr. Hubbard: Really enjoyed the process this year. To have the ability to plan out capital
projects is tremendous for the Recreation Department.
Mr. Rabidoux: A very responsible financial plan and a big step forward from last year.
Next year they can work on some tougher things to solve problems.
Ms. Murphy: Echo what others have said. Felt people really cared about her and her
budget. Thrilled with the process and the results.
Ms.Kinville:Used to have to buy things for the May election in December or she might not
get them. It is very easy to go to Bob (Rusten)with her budget, very comfortable.
Mr. Conner: A big difference from last year to this year. Used to be told the "starting
point." Now, it's"what do you need for the community?"
Mr. Miller noted that a few department heads have said the information they get from City
Hall is different, so they're not spending time tracking their own expenditures. There is
back and forth feedback. This has freed up some time in one department so there is
thought of some reorganization.
Mr. Engels commented that the longer he is on the Council,the more he appreciates the
work done by city departments and department heads.
Regarding his request for an additional half cent contingency, Mr. Knapp said it is
important to have enough money for an unexpected expense. If it isn't spend, it can be
rolled over to the next year's budget. Mr. Miller said this would amount to about
$138,500. Mr. Rusten said that $135,000 would make a total of$275,000. Mr. Miller
said that would be a 2.09 increase.
Ms. Greco asked if that money could be used for the cost of sick leave accrual (p. 7). Mr.
Miller said if they go beyond what has been budgeted, it can. Mr. Rusten explained that
employees have two options re: sick leave accrual -they can have the city pay for health
and dental coverages or they can get a straight payout,which would be much less than what
is in the sick leave bank.
Mr. Miller said he felt $275,000 was the right number, but he also didn't want to give tax
CITY COUNCIL
18 JANUARY 2012
PAGE 4
payers"sticker shock."
Ms. Greco asked if people are paying more taxes than in the past. Mr. Miller said they
will be spending less in FY2012 than the budgeted and unbudgeted amounts in the past.
Mr.Rusten said there are 2 important questions to ask: Is what you are getting sustainable?
What are you getting for your taxes? He stressed that the city is staffing to put in better
services for its citizens.
Mr.Miller said that in terms of marketing the budget,what they tried to do is"re-setting"to
a certain service level so this is sustainable in a relatively flat curve. He felt people are
getting a lot for what they are paying and taxes are not out of whack with the rest of the
county or state. He cited such advantages as a bigger police force, paid fire department,
etc. He said this is a"management plan"more than a budget.
Mr.Engels asked what happens if the budget is turned down the first time. Mr.Miller said
it depends on which rules they are playing under. The proposed Charter amendment
passed the House. The Senate will take it up tomorrow, and the feeling is it will have
smooth sailing there and will pass quickly. If it passes,and if the budget fails,citizens will
keep voting until there is a budget passed. Mr. Miller stressed there is no contingency
plan if the budget fails. He said the budget may fail because people want the city to spend
more on something. If the budget fails, another budget would be prepared, and there
would have to be a vote within 30 days.
Ms. Greco asked what a vote costs the city. Ms. Kinville said between$4,000-5,000 for a
special election. Votes can be hand counted, which would bring the cost down.
Mr. Knapp moved to add half a cent to the budget with the proceeds to be deposited in the
contingency fund. Mr. Engels seconded.
Mr. Miler said that would go from a 4.2%increase to 5.4%. For the average homeowner,
this would be $21.00 per hundred thousand dollars of appraised home value.
Ms. Dooley felt 5.4% sounds like a lot more than 4.2%. Mr. Knapp said they still don't
know where they will be next year. This way,they won't have to lay anyone off. If the
money isn't spent, it can be rolled over until next year. Ms Emery said she is willing to
pay it.
Mr. Young felt the increase is too much as he didn't see us "racing out of the recession."
Ms. Greco noted that even in hard times,people put money into savings.
In the vote that followed, the motion passed 3-2 with Ms. Dooley and Ms. Emery voting
CITY COUNCIL
18 JANAURY 2012
PAGE 5
against.
Regarding funding for proposed interim zoning, Ms. Dooley said that she and Ms. Greco
met with Mr. Miller last week, and he laid out four ways to potentially pay for interim
zoning:
1. From a reserve fund in the budget
2. A separate reserve fund on the ballot
3. Relying on a possible surplus
4. Cuts in the FY13 budget
Mr. Miller said he does not recommend using the possible surplus or making cuts in the
FY13 budget.
Mr.Engels said he would take anything that involves staff cuts off the table as well. Other
members agreed. Mr. Engels then asked what the financial impact would be. Mr. Miller
outlined the following:
1. Impact fees(doesn't affect the general operations budget)
2. Loss of revenues (from development fees, highway permits, etc.)
3. Legal costs that are not covered by insurance
4. Costs of required studies
5. Staff time (Planning and City Manager)
Mr. Rusten said there is also the potential for less tax revenue if property owners appeal
their assessments based on loss of development potential. In addition, loss of impact fees
could impact the general fund(e.g., fire impact fees paying for the fire engine note).
Sewer hook-up fees could also be reduced.
Ms. Dooley said she felt she was in a bind. She had no idea Mr. Miller was going to say
that using the surplus was not OK. She felt uncomfortable building the costs into the
budget.
Mr.Miller said the problem is the Council is doing this"on the fly"with no chance for staff
to study it. He stressed that what he discussed with Ms. Dooley and Ms. Greco last week
was"off the cuff'.
Ms. Dooley said she felt misled because had she known this, she would have done more
research.
Mr. Rusten said it would be irresponsible to build a budget for next year based on a
CITY COUNCIL
18 JANUARY 2012
PAGE 6
potential surplus. That surplus could very well disappear by the end of the fiscal year
Ms. Dooley asked if staff could itemize costs before the Council votes next week. Mr.
Miller said"no"because staff had no idea what the Council will be voting on.
Mr. Miller said that what Ms. Dooley and Ms. Greco presented him with last week was a
very difficult situation when staff was in the middle of budget preparation. He has given
his best recommendation and did not appreciate the criticism.
Mr. Knapp asked if there were to be a separate vote,with 1 cent for interim zoning, at what
point would the City Clerk have to be told to get this on the ballot. Mr. Rusten said the
budget book is to go to the printer on 2 February. Ms. Kinville said she would need the
information by 5 February.
Ms. Dooley said she is not in favor of a separate budget item. She felt this is what the
Council is elected for. Mr. Knapp said the Council has put separate road paving items on
the ballot in the past.
Ms. Emery asked about the cost if there were interim zoning only for the City Center. Mr.
Miller said the cost would be modest as there is already a study being done. Mr. Rusten
said there is still the possibility of legal costs. Mr. Knapp added that if Market St. doesn't
get paved,there will be no City Center. He noted that it was the Council that put that
project on hold. Mr. Conner said there could be some development with Market St. on the
Williston Road and Dorset St. parcels. Mr. Engels asked how to get Market Street paved.
Mr. Knapp said you have to find the money for it.
Mr. Knapp said that if Ms. Dooley doesn't want a separate ballot item,then interim zoning
costs have to be in this budget. You can't do anything this significant and not put it in the
budget. Ms. Emery said she wasn't willing to put in the budget when she will not be on
the Council to oversee it.
Mr. Miller noted that according to the Charter,the public hearing on the budget is held at
the Steering Committee next week(25 January). Ms. Dooley said the budget has to be
approved tonight in order for it to be presented next week.
Ms. Emery said her priority is City Center. She didn't think the Industrial-Open Space
District is in much danger for 2 years. Ms. Emery also said she wouldn't go to the voters
re: interim zoning. Mr. Engels asked if she would put it in the budget. Ms. Emery said
only a strict minimum or zero.
Members agreed they should vote on a budget at this meeting.
CITY COUNCIL
18 JANUARY 2012
PAGE 7
Mr. Engels then moved to approve the FY13 general fund and all other budget funds as
currently formulated. Ms. Dooley seconded. Motion passed unanimously.
Mr. Miller asked the Council if staff can warn the "write-offs" for the February meeting.
Members agreed.
Other Business:
Mr. Miller noted that they have discovered that the second requested Charter amendment
(re:property reappraisal)was actually taken care of at the same time as the voting issue. It
goes to the Senate tomorrow.
Executive Session:
Mr.Knapp moved that the Council meet in executive session to discuss personnel,contract
negotiations, and possible litigation and to resume regular session only for the purpose of
adjournment. Ms. Greco seconded. Motion passed unanimously.
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
SPECIAL CITY COUNCIL 25 JANUARY 2012
The South Burlington City Council held a special meeting on Wednesday,25
January 2012, at 8:15 p.m., in the Library, Frederick Tuttle Middle School, Dorset
St.
Councilors Present: M. Emery, Acting Chair; J. Knapp, P. Engels, R. Greco
Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; A. Clift, D.
Fleming, M. Young, T. Barritt, J. Dinklage, M. Townsend, J. Lee, R. Hubbard, D.
Cummings, J. Smith, S. Silverman, S. Smith, B. Etherton, J. Kearns
1. Discuss Charter Change Request:
Mr. Miller noted that the City Charter Committee has not make a recommendation as yet.
Mr. Fleming said the Committee is on track for a recommendation for the Council
meeting on 6 February. Mr. Miller added there is a public hearing on the 30th of January
at 7 p.m. and another on 6 February. The proposed amendment relates to the position of
the City Clerk and the hiring and firing of assistant clerks and access to the city records in
the Clerk's office.
2. Discuss Petition Request being Circulated by Citizens:
Mr. Miller advised there are petitions being circulated and turned into the city regarding a
proposed resolution to be placed on the 6 March city ballot. The resolution would
propose an amendment to the U.S. Constitution stating in part that"...money is not
speech, and that corporations are not persons under the U. S. Constitution..." Mr. Miller
noted that to date 738 valid signatures have been received, more than enough needed.
But it is a discretionary item for the City Council to put an advisory item on a ballot.
There is a question as to whether this would set a precedent for future such requests, and
a potential cost if there were a lot of these items. There is no legal precedent,but Mr.
Miller said the Council should strive to be consistent.
Mr. Engels then moved to place the proposed resolution on the ballot. Ms. Greco
seconded.
Mr. Cummings spoke in favor of the resolution saying that the"common man speaks
through his vote. Now it is money that speaks." He added that people want to regain
their fundamental right to have their voice heard.
Mr. Hubbard said that this effort started 3 weeks ago, and 43 people have come forward
to gather signatures. He said that South Burlington voters want to be heard on this issue,
and almost everyone was eager to sign the petition. Mr. Hubbard said this reflects the
national frustration with the undermining of the right to have public views reflected in
what is coming from Washington.
SPECIAL CITY COUNCIL
25 JANUARY 2012
PAGE 2
Ms. Clift noted that she previously had presented a petition to the Council with well over
the required number of signatures, and the Council had determined that they were"a
political organization." She asked the Council if it would now"cherry pick"what they
will and won't put on the ballot. She added that she was OK with the Council's previous
decision as she knew where the Council stood,but now that doesn't seem to be the case.
Mr. Lee said that though this only a poll it is a vote and an opportunity for people, not
only money, to talk. He added that most towns allow these types of polls on their ballots.
He also noted that he would probably vote against the resolution because he believes the
Constitution already gives Congress the power to do that,but he still felt it should be on
the ballot.
Mr. Fleming asked if this has to be decided tonight. Mr. Miller said the idea is to
approve the warning for the 6 March vote so it can go to the printer. Mr. Fleming felt the
Council hasn't had enough time to think about this and should take time to consider it.
Ms. Clift agreed and felt the Council has changed so radically recently that they should
give the public an idea of where they are going.
Ms. Smith noted that people thanked her for asking them to sign the petition.
Mr. Silverman said this will work its way up to the Senate and House, and he would like
to be proud that South Burlington was part of the process. He felt it was very important
for democracy.
Ms. Townsend said the petition is not a surprise. Other towns have the chance to sit and
talk with each other on Town Meeting Day,but South Burlington doesn't get that chance.
If an issue isn't on the ballot, citizens won't get to voice their opinions. Ms. Townsend
also noted that the City of Burlington City Council put it on the ballot without being
asked. She added that when this comes up in State and Federal Congresses, there will be
a chance to say people have spoken clearly in ways that can be documented.
Mr. Engels said he didn't feel approving this would set a precedent. The Council would
always have the option to do or not to do it again. He also felt this has been the
"underpinning of American capitalism from the very beginning."
Mr. Knapp offered an alternative to a ballot item that he would support: presentation of a
resolution at the public meeting the night before the vote with a voice vote, the results of
which would be sent to the Legislature along with the signed petitions. He did not feel
this was appropriate for an Australian ballot item.
Mr. Greco felt it was good to provide citizens an opportunity to have a voice, which is the
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25 JANUARY 2012
PAGE 3
vote. Just because something happened in the past doesn't mean it shouldn't happen
now.
Mr. Knapp said part of his concern is predictability. He applauded the petition effort but
questioned how he would address a question of whether he should get 1000 signatures for
something he felt strongly about but the City Council might not want. He questioned
whether the voices of others would be stifled because the Council said no to their
petition.
Mr. Etherton said maybe this is where the buck stops. He said it is obvious in the
primaries how much money is being spent for one candidate or another.
Mr. Hubbard said to date 26 towns have either decided to put it on the ballot or have had
signatures collected to put it on the ballot. Towns are split. Essex said no. Burlington
said yes. He felt this issue was as important as women getting the right to vote.
Ms. Emery questioned whether they should vote without a full Council present. Mr.
Miller said it could be put on the 30 January agenda. Ms. Greco felt they should wait for
the full Council.
Mr. Engels called the question.
Ms. Emery said she was hesitant to vote because it will affect a Council she will not be
part of. But she ran because she felt there needed to be more public involvement. She
agreed with the concept of fairness and felt such polls should be allowed no matter what
the question is.
In the vote that followed, the motion passed 3-1 with Mr. Knapp voting against.
Mr. Hubbard said he hoped the Council had set a precedent. He also said it would be
helpful to have a forum to discuss the options for moving this forward and asked for the
Council's help in this. Mr. Miller said citizens can always use city facilities without
charge.
3. Consider Approval of Draft Warning for 6 March 2012 Annual Meeting:
Mr. Miller said the ballot will include:
1. City officers, required by law
2. City and School budgets
3. The resolution just voted upon.
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25 JANUARY 2012
PAGE 4
Mr. Miller then read the warnings for the first 2 of these items.
Mr. Knapp moved to approve the warning as read. Mr. Engels seconded. Motion passed
unanimously.
4. Executive Session:
Mr. Knapp moved that the Council meet in executive session to discuss personnel and
contract negotiations and to resume regular session only for the purpose of adjournment.
Mr. Engels seconded. Motion passed unanimously.
5. 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