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HomeMy WebLinkAboutMinutes - City Council - 12/20/2010 (2) \w-3 CITY COUNCIL 20 DECEMBER 2010 The South Burlington City Council held a regular meeting on Monday,20 December 2010, at 6:00 p.m., in the Conference Room, City Hall,575 Dorset St. Councilors Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; P. Conner, Director of Planning&Zoning; J. Ladd, K. Murphy, City staff; J. Rabidoux, Public Works Director; T. DiPietro, Stormwater Superintendent; M. Griffin, L. Denning, C. Tabor, L. Ravin, M. Young,B. Stuono, S. Birkett, G. Desautels 1. Executive Session: Ms. Dooley moved that the Council meet in executive session to discuss personnel matters, contract negotiations, possible legal action, and possible property acquisition. Mr. Murray seconded. Motion passed unanimously. Regular Session: 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Announcements & City Manager's Report: Ms. Emery: Suggested an official welcome for returning troops. This will be referred to the Veterans' Committee. Ms. Dooley: Attended a conference on working landscape in Vermont. After considering the budget meeting schedule, it was felt to be better to hold the second meeting on Exit 12B/13 in late February. The question remains as to whether to continue to endorse 12B in the Comprehensive Plan. Ms. Dooley noted that Mr. Rabidoux attended last week's MPO meeting at which there was 12B discussion. One criteria is that consideration of 12B would have to be consistent with the city's Comprehensive Plan. Ms. Dooley suggested that a letter be sent to the MPO telling them that this will be considered as part of the Comprehensive Plan update review. The MPO decided not to submit a justification plan until after the city's Comprehensive Plan review is complete. Mr. Miller: Noted that a report has been issued indicating the following: a) the origins of the city's unfunded pensions obligation; b) a financial statement; c)the auditor's comments on disclosures. Mr. Boucher suggested the report be discussed publicly. Mr. Miller said the auditors will be back on 10 January to continue the process. CITY COUNCIL 20 DECEMBER 2010 PAGE 3 market assumptions 3. There is no"one size fits all." 4. Take a long-term perspective,but don't lose sight of the short term. 5. Look at alternative investments. Ms. Griffin then said that their long-term recommendation for South Burlington is to have 60% equity and 40% fixed income. She noted that in 2001, they went from 70%to 60% equity. Mr. Murray asked what the city pays for these services. Ms. Denning said about $15,000 annually. Ms. Griffin added that the fee schedule has been the same for about 10 years. Mr. Murray then asked if the retirement age needs to change since the city now has public safety people retiring at age 50. Ms Griffin said there is a cushion there. She felt they were very conservative. Mr. Miller noted that the city has more money than it needs to pay retirees each year. Ms. Griffin said some of that money is in short-term investments and a small portion of it in high yield. She added that the assets are growing, so the city can meet its obligations. Ms. Griffin noted that they also do "risk reward" analyses which takes the current allocation to see what the expected return will be. Mr. Boucher asked if the city is on the aggressive or conservative side. Ms. Griffin said they are just where they need to be. Ms. Griffin said their services also include help with portfolio construction and providing quarterly reports. She noted that assets have been growing nicely in the past year. On an annual basis, they do an analysis to validate the long-term strategy. They meet with clients on an annual basis,more if needed. 5. Ratification of the Tentative Agreement with the Following Unions: A. City Hall/Public Works B. Police Department C. Fire Department Mr. Knapp left during this discussion due to a potential conflict of interest. Mr. Miller outlined the terms of the contracts, including switching health insurance, increasing pager pay, 2 hours pay for people attending evening meetings, and reopening health insurance bids for 2012. He said that all but the Police Department did not have CITY COUNCIL 20 DECEMBER 2010 PAGE 5 Mr. DiPietro then reviewed an example upgrading project and how it would work. Once upgraded, the storm water utility would take over management of the system. He also explained how the financing would work, including the securing of grants. Project funding may include the possible creation of a Stormwater Special Assessment District or funding from grants or a lump sum check from a homeowners' association. Potential increased expenses include taking over additional systems and possible changes to the city's MS4 permit. Mr. Boucher expressed concern that there wasn't as much diligence done to keep fees segregated and asked if these concerns have been addressed. Mr. Rusten said they have gone through every line of the budgets and moved items to where they feel they should be. He felt the model and structure they are putting in place will address concerns. Mr. Miller said there may need to be a rate adjustment discussion. He felt the model will be OK going forward. He added that if the enterprise funds are owned money from the general fund, that will have to be worked out. A. Quarry Ridge: Mr. DiPietro noted the city currently has a maintenance agreement with Quarry Ridge. The city now needs to accept easements so it can gain access. Mr. Boucher expressed concern that the city has made a promise and doesn't know the future cost of it. Ms. Dooley questioned whether the city has the option to renege on that promise. Mr. Knapp moved to accept the irrevocable offer of dedication as presented. Mr. Murray seconded. Motion passed unanimously. B. Special Assessment District: Ms. Dooley indicated she would not participate in this discussion as she and her husband own property in Oak Creek Village. Mr. DiPietro said they have moved forward enough to begin to collect money so that work can be done this coming summer. Mr. Boucher asked if the neighborhood is comfortable with this. Residents of Stonehedge noted that they have 3 master associations, so they all had to get CITY COUNCIL 20 DECEMBER 2010 PAGE 7 Mr. Birkett said he has a letter from the Legislative Council which says the dischargers are always responsible for the property. He added that if"push come to shove, the homeowners pay for it." Mr. DiPietro noted the city has also been asked by South Pointe to take over their permit. He explained that there are 30 residential state permits issued in storm water impaired watersheds in South Burlington. Two have already been transferred and a third is underway. There are also maintenance agreements with 5 permitees in impaired watersheds. A 2006 City Council resolution expressly states that the Utility was to accept valid permits. Mr. Boucher said he just needs to see a budget to be sure the city can do this. E. MS4 Permit: Mr. DiPietro said the City's MS4 permit draft was sent to the EPA in October 2010. ANR's response will be available when the permit is issued. Proposed changes to the MS4 permit include: 1. The city is responsible for developing flow restoration plans for all impaired watersheds in 3 years. 2. All plans should be implements within 10 years. 3. City to fund stream gauging in impaired streams (previously paid for by ANR) 4. Permit fee increased from $0 to $1000 for a 5-year permit. 5. The penmit may be appealed by any party. Mr. Rabidoux said they are concerned with the costs as the city is clearly not in a position to fund such projects. Total implementation could cost$39,000,000. Mr. Knapp noted that no community has the number of impaired watersheds that South Burlington has (5). 7. First Reading of Amendments to the Land Development Regulations: Suggest Public hearing for 18 January 2011: Mr. Murray moved to waive the reading of the Amendments and to schedule a public hearing for 18 January 2011. Ms. Dooley seconded. Motion passed 4-0. Mr. Conner said he will post all information on the website. He noted that the City CITY COUNCIL 20 DECEMBER 2010 PAGE 9 retirement: Mr. Murray moved to affirm the Council's decision to provide Charles M. Hafter with his city provided laptop and printer upon his retirement. Ms. Dooley seconded. Motion passed 4-0. 14. Review and Approve Minutes of 29 November, 6 December, and 13 December: Mr. Murray moved to approve the Minutes of 29 November, 6 December, and 13 December as written. Ms. Dooley seconded. Motion passed 4-0. 15. Sign Disbursement Orders: Disbursement orders were signed. As there was no further business to come before the City Council, the meeting was adjourned at 9:45 p.m. Clerk � y -40 south:mrtiAgton Sent+t i 1.'Miller,City Manager smitler@sbuaItnski TO: Sanford Miller, City Manager FROM: Kelly Murphy, Policy&Planning Analyst Date: January 3, 2011 RE: Credit Card Policy Proposed Action: Approval of policy for City issued credit cards. Background & Purpose: The purpose of this policy is to establish criteria for the proper use of credit cards when conducting City business. This policy will define responsibilities and clearly delineate lines of authority. After reviewing several municipal credit card policies it became evident that many of them incorporated the following best practices recognized by the Government Finance Officers Association (GFOA): clear expectations of use and responsibility, development of record keeping requirements, creation of timely reconciliation standards, and procedures for handling lost and stolen cards. Additionally, South Burlington's policy has an attached Credit Cardholder Agreement, listing of authorized cardholders, and condition notifying vendors of South Burlington's tax exempt status. Currently there are four city issued credit cards in circulation. Please refer to Appendix A of the draft Credit Card Policy for a listing of cardholder names, titles, and limits. Cardholders have reviewed this policy and are accepting of the terms and conditions. This policy will ensure that City credit cards will be used correctly and that posted transactions are for official City business. Recommendation: Please review the draft Credit Policy. Staff recommends that you make a motion adopting the terms and conditions presented in the City of South Burlington Credit Card Policy. 575 Dorset Street South Buii;ngton,VT 05403 tel 302.846.4107 fax 802.846.4101 smi=PerQsbuji.co c: WWW.shurl.COm City of South Burlington Credit Card Policy Purpose: Credit cards issued under this policy may only be used by the name of the cardholder to conduct City business. Credit cards may not be used for personal purchases, cash advances, or purchases that exceed the cardholder's authorized purchase limit. The authorized purchase limit is set by the City Manager, except for the credit limit of the City Manager,whose limit shall be set by the City Council. A cardholder who makes unauthorized purchases or advances will be liable for the amount oI such purchases or advances,plus any administrative fees charged by the bank in connection with the misuse. In the event a card is used mistakenly by an employe o a a unauthorized purchase the employee must notify the Deputy Finance Officer Assistant City Manager and make arrangements for payment(direct payment oraroll cdemtion). Employees a� may be subject to disciplinary action for misuse of the ty$credit card.:ip to and including termination. The purpose of this policy£isto establish criteria g-, the proper use of credit cards when conducting City business. . € ° To receiveyour assigned or temporary-use � � `'g p ry-use credit c ; ase read this Credit Card Policy and return the Credit Card Holder Agreement to ,e ,City Clerk's Office. Retain the Policy and a copy of the signed agr � jit and any revs is for your reference. t t 11 1,iliiiii,, :i Conditions: '' I. Only autho r i ed h 1oyees of tl it C"ity of South Burlington mayuse the City's Y credit car d ,,, II. A City L +. card may be used for thpipurchase of good or services for only official businessof the .it„ of Sout Burlin on. III. _-,loyee . the c e it card must submit receipts, documentation ,e Il{nL = oo �' crvicespurchased, cost, date of purchase i lob � t p chase and official business ex �l ation thereat. I� i Above mention 0d receipt 'and documents must be submitted to accounts ' - able in a timely manner(within a week of receipt of the statement) to re ,•Nile the monthly credit card statement. V. The ogee issued the card is responsible for its protection and custody and shall iris 00ly notify the City Clerk's Office if the card is lost or stolen. VI. City creditcard users must notify vendors or merchants that the credit card transaction should be exempt from Vermont Sales and Use Taxes (IRS Tax Identification#03-6002712) if it is used for the purchase of goods or services in the State of Vermont. If sales tax is improperly charged, the employee may be responsible for paying the sales tax. VII. Employees must immediately surrender the card upon termination of employment. The City reserves the right to withhold final payroll checks and payout of accrued leave until the card is surrendered. kmurphy Page 1 12/30/2010 Appendix A: Current Cardholders Name Title Limit Sanford Miller City Manager $4,000 Douglas Brent Fire Chief $3,000 Donna Kinville City Clerk & Treasurer $1,500 t Justin Rabidoux Public Works Director $2,500 ,flirt' t{i{s0' tli%itif Z stillh. et€ 'tkil.} 9#$ yF ( il9rt EI °' tt i !ii .tt , !{ 'ft, '$!it{te 4i�i[#t ( 'sltjdtt.. E t It}ii t tib#it, . tt 1. et1111£€ 1;s st t i t i'h1 t111 ytot{VIVO;:3` c€i$ E11'�ii4 il;E,s t t IDS) ill i iitiptt tftt' Tit' ill it;l,0 =5 ltg ttiil i E II 1 tti[ t (( 6' tisitei teasi t er{ ttl1 siij i• i tif t l llii ' ,kmurphy Page 3 12/30/2010 re SOUthhadintYtert; .. Sonfrr $, 1;illsiDity.tYlopege ;srFs�[�r�s'l�atl.�vrri' TO: Sanford Miller, City Manager FROM: Kelly Murphy, Policy&Planning Analyst KIA DATE: January 3, 2011 RE: Retirement Income Plan(RIP)Restatement Proposed Action: Selection and approval of a qualified pension attorney to review and restate South Burlington's Retirement Income Plan(RIP)to meet the federal statutory deadline of January 31, 2011. Background &Purpose: Following the review of the 2010 RIP Actuarial Valuation report Sandy Miller and Tracy Braun(the actuary) discussed updating the Plan document along with fulfilling the January 31, 2011 restatement requirement. As a result of this conversation Tracy compiled a list of three qualified pension attorneys. I contacted each of them to get a proposal. I requested that they consider what it would cost to review the plan document,recommend changes, and file a restatement letter with the IRS. Proposal results are listed in Table 1 below. Table 1. Proposal Bid Sheet Review Revision IRS Submission Total Cost Brian P. Goldstein- $4,000— $1,000— $1,500 $6,500 — Jackson Lewis, LLP $7,000 $2,000 $10,500 Steward M. McGough - See Total See Total See Total $4,500 Scolaro, Shulman, Cohen, Fetter, & Burstein,P.C. Richard A. Sirus - See Total See Total See Total . $7,500 Greenburg Traurig, LLP Note.McGough&Sirus submitted proposals at a total contract cost. Goldstein chose to provide a cost for each individual contract service.Proposals do include updating the summary plan description along with submission of required IRS document. McGough's proposal is the most cost effective. Just to be certain, I contacted him to make sure that his proposal is inclusive of all items requested. S75 Dorset Street: South Burlington,VT D5403 .'of 80 846 410.7 fax 602.846.4101 skiiller@sbur[.r;o:m www.sburl.corn R-1 1-01 A RESOLUTION OF THE CITY OF SOUTH BURLINGTON APPROVING THE REVIEW AND RESTATEMENT OF THE SOUTH BURLINGTON RETIREMENT INCOME PLAN BY JANUARY 31,2011 WHEREAS,periodic review and restatement of the South Burlington Retirement Income Plan (hereafter referred to as the Plan)is a necessary requirement to guarantee compliance with governmental standards; and WHEREAS, the IRS mandates periodic restatement of the Plan and the next required restatement is due January 31, 2011; and, WHEREAS,to properly restating the Plan the services of a qualified pension attorney are needed and the City obtained three quotes from qualified firms, all of which are able to perform the required services by the January 31, 2011 deadline. NOW, THEREFORE, BE IT RESOLVED, at a regular meeting of the City Council,the City Manager is hereby authorized to engage the legal services of Scolaro, Shulman, Cohen, Fetter, &Burstein, P.C. to restate and review the Plan document with an estimated cost of$4,500, which may increase if additional services are requested by the City Manager or City Council. Dated this day of January, 2011. Mark Boucher, Chair Sandra Dooley,Vice Chair James Knapp, Clerk Meaghan Emery Frank Murray • Introduction of the City Manager's Proposed Fiscal Year 2012 Budget January 3,2011 Sanford Miller,City Manager Robert Rusten,Assistant City Manager General Fund Budget: FY2012 Expenditures •In FY2012 General fund spending is proposed to be$17,595,573. •In FY2012 it is projected that$10,658,308 will need to be raised by property taxes(tax levy).This is an increase of$870,913 from FY2011. •We are assuming approximately'/z percent growth in the Grand List. — •This yields an estimated tax rate of$0.3918,and increase of$0.0277(2.77 cents),from the FY2011 municipal tax rate of$0.3641or a 7.62%increase. General Fund: FY2012 Tax Impact •The average family home in South Burlington is Valued at$270,000. •The average family will pay an additional$74.79 annually in municipal taxes. •FY2012:$270,000/100=$2,700 $2,700 X.3918=$1,057.86 — •FY2011:$270,000/100=$2,700 $2,700 X.3641=$983.07 1 FY2012—Summary All Funds,Expense and Revenue r a� Critical Budget Line Items: General Fund Line Item Net Change Stormwater $130,000(+) Pension $261,000(+) Local Option Taxes $306,000(-) Interest Income $135,000(-) Surplus $201,000(-) Total $1,033,000 Internal Controls and Financial Management •Purchase order system; •Institute standard operating procedures to prevent over spending of line items; •Weekly account reviews conducted by the Finance Department; •Segregation of funds; — •Enhance financial management software; •Provide departments with monthly budget reports; •Develop a schedule of assets; •FY2013 Capital Improvement Program. 2 Pension Contribution • Pension calculations in the FY2012 budget are based on actual;projected salaries and the percentage of payroll contributions pursuant to the actuaries report of Oct.29,2010. • The City contributes 22.4%for non-pubic safety employees and 25.1%for public safety employees. • In most of the past ten(IO)years,the City's contribution toward the South Burlington Retirement Income Plan(SBRIP),did not meet actuarially recommended dollar amounts. • Base on staff census for the FY2012 budget,the total contribution for all departments and funds to the SBRIP is$1,660,000. • Several employees have been offered and switched retirement benefits to the Vermont Municipal Employees Retirement System(Plan B).The City will contribute considerably less to this Plan,9.5%of salary. • Some costs,such as portions or all of the Actuary and Investment Management fees have been paid from pension assets in the past This has an impact of "financing"these operational expenses over thirty(30)years at 7.5%.This practice will be discontinued Staffing • In FY2011 there were 128 full-time employees.16 part- time employees,12 on-call firefighters,and 40+seasonal recreation staff members. • In FY2012 across all funds there will be at least eight(8) fewer full-time-equivalent(F 1 Ots).Reduction figures are the result of abolishing positions,leaving some positions vacant,and layoffs. • In addition,some departments have been reorganized. Notably,what we consider a realistic number of staff positions are shown in the Ambulance budget,which makes it appear larger in FY2012 General Fund Payments and Services to the School District •Community Use-$26,938 •School Use-$16,981+$1,000 for wage reimbursements •School Bus Drivers-$1,000 •School Grounds Maintenance-$32,609 •Four(4)School Resource Officers-$250,000 — •Maintenance of Buses at DPW •Library Use Space-$71,869 3 Program& Service Reductions •Highway paving; •Highway snow removal; •Library Hours(3 hours per week); • Reduction in School Resource Officers; •Reduction in Planning&Zoning response time due to reduction in administrative staff; — •Others to come. User Fees & Charges •Ambulance transport fees; •Ambulance billing services; •Library charges; •Planning fees are under advisement; •Parking tickets. Cost Savings Measures Enacted •Health insurance; •Retirement Income Plan conversion; •Other benefit reductions for management and non- represented staff; •$150,000 reduction-Management/Staff Challenge. 4 Special "200 - 600" Funds •The FY2012 budget contains a listing of dozens of "special funds,"which were previously off-budget or in other words unrecorded. •A number of theses funds have been eliminated or incorporated into the General Fund Budget.It's expected that more"200"funds will be eliminated in the future. •FY2012 expenditures are estimated at$933,378 and revenues are at$1,078,587 Water Fund Budget: FY2012 •The Water Fund budget for FY2012 is proposed at $2,323,935. •Water User Fees are projected to increase by about16.64%. •Due to recent deficits,increases in wholesale water costs,and other operating cost increases. Stormwater Fund Budget: FY2012 •The Stormwater Fund Budget has been operating at a deficit since FY2010. •Reserve funds have been depleted. •Rates have not been increased since the inception of this Fund in 2008. •In order to establish required reserve funds for on going projects;Fund revenues need to increase by 31.92%. 5 Water Pollution Control (WPC) Fund Budget : FY2012 •The WPC Fund Budget is proposed at$3,885,000. •WPC User Fees are projected to increase 46.67%. •$1,207,555 of the$3,885,000 total fund budget will be used to help pay for Airport Parkway construction costs and debt service payments. •Increases are attributed to:operating deficits,a flawed funding plan for Airport Parkway expansion,and artificially low rates. Capital Budget & Debt FY2012-Acquisition FY2012-Debt Service Ambulance-$170,000 Existing Debt-$1,576,004 (General&Enterprise Funds) 3 Public Works Quint Fire Truck—$750,000 Vehicles-$335,000 5-Year Note =$163,000 P/Y Total Purchase:$505,000 Total Debt:$1,739,004 Options for City Council Consideration: •Financing the pension obligation; •Further reduction in staff and service; ■Conservation funding; •Rescind or restate SAFER grant; 6 Goals and Objectives •Budgeting,auditing and implementation of changes to financial management system; •Prior year inter-fund transfers; •Technology; •TIF; • City Center Project; •Workplace Safety Committee; •Employee Benefits; •Relocation/restructuring of office operations. 7