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HomeMy WebLinkAboutMinutes - City Council - 06/15/1998CITY COUNCIL 15 JUNE 1998 The South Burlington City Council held a regular meeting on Monday, 15 June 1998, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, Terrence Sheahan, Joan Britt, David Austin. Also Present: Charles Hafter, City Manager; Peg Strait, Assistant City Manager; Margaret Picard, City Clerk/Treasurer; Albert Audette, Highway Dept; Reps. Ann Pugh, Michael Flaherty, Frank Mazur, Susan Wheeler; Sen. Vincent Illuzzi, Sen. Ann Hallowell; Joe Weith, City Planner; Don Whitten, WPCD; Lee Graham, Police Chief; Michael O'Neil, Fire Chief; Glenn Boyde, Scott Camley, George Demarais, Dave Bellini, Richard Turner, Nancy Specht, Scott Destin, Jacqueline Ruthin, Dept. of Corrections; Richard Lednicky, Robert Hooper, Theresa Lefebvre, Vermont State Employees Association; Tom Moreau, Solid Waste District; Anna Johnston, The Other Paper; Channel 17; Chris Hurd, Maurice Cloutier, Daryl Meunier, John Kimbell, Jeffrey Pascoe, Brian Fitzgerald, Dennis Delaney, Lina McCuin, John Bolton, Lee Wrigley, R. Porter, Matt Fay, Christina Eldred, Tim Barritt, Clarice & Robert Fisher, Wally Moriani. 1. Comments & Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements & City Manager's Report: a. Mr. Condos noted that Solid Waste meeting scheduled for this week has been cancelled. b. Mr. Sheahan said the Regional Planning Commission will meet on Monday at 7:30. c. Mr. Cimonetti noted the MPO will meet on Wednesday night in Shelburne. There is a proposal for the City of Burlington, South Burlington, Colchester and others to jointly sponsor a "regional cooperation" meeting. The tentative date is Monday, 20 July. This may mean switching the City Council meeting scheduled for that date. d. Mr. Hafter announced the following: 1. GBIC's annual meeting will be tomorrow at noon at the Sheraton. 2. A meeting on Wednesday at 10 a.m. with Airport and Air Guard officials at Airport offices. 3. Revenues and expenditures are right on target for 1997-8 4. An article to help tax payers understand their tax bills will include a formula on how to determine how much of a tax increase is due to reappraisal and how much to Act 60. It will appear in The Other Paper. 3. Discussion with Richard Turner, Director of Correctional Services for the State of Vermont about the status of Correctional Center in S. Burlington: Mr. Cimonetti said there have been discussions on the facility several times a year on a regular basis. A city Liaison Committee meets with Correctional Center people on issues affecting the community. The concern of the city, Mr. Cimonetti said, should be to deliver the kinds of services people pay taxes for: roads, police protection, fire protection, etc. The Correctional facility is owned by the State of Vermont and is exempt from property taxes. The state has made some payments for services provided by the city, but there are other areas of the city affected by what happens at the facility. Some concerns include: relationships between the city's Police Chief and Correctional Facility people, the handling of a potential fire emergency at the facility. There are other concerns which may be municipal or "corrections" oriented, and that is the focus of this discussion. Mr. Turner was asked to describe what actually exists at the corner of Farrell and Swift: e.g., how many offices, inmate population, etc., and near and long term plans for the facility. Mr. Turner began by acknowledging that the Chittenden facility is extremely overcrowded. It was designed for 88 inmates and had 101 the day it opened. He said that overcrowding is due to the demand from the Chittenden County area. 30.3% of people sentenced in the state are from Chittenden County. There are about 20 inmates from South Burlington. Almost half of sentenced offenders are on a "furlough" status. Mr. Turner felt the envelope has been pushed far enough on this type of placement. He stressed that the furloughed offenders are still the responsibility of the Dept. of Corrections. Mr. Sheahan asked if the number of furloughed offenders is driven by overcrowding. Mr. Turner said it is in part; it has also been an economically successful arrangement. The number of convictions from that group is very low. Mr. Austin asked how the Corrections Dept. determines where these offenders are sent. Mr. Turner said they try to house them in their homes or in apartments the Corrections Dept. rents in the community. These apartments are paid for by the state at present, but Mr. Turner felt it would be better if the offenders had to find and pay for apartments themselves. Mr. Turner said that 35.6% of "Part I" crimes (the most serious level) occur in Chittenden County. Mr. Condos asked if these offenders are furloughed. Mr. Turner said only at the end of their sentences. Mr. Turner then showed monthly population averages as follows: 36.5 women and 198.2 men. There is bed space for 38 females and 128 males, including the use of the gym. Ms. Britt asked what the population number should be in order to run the facility as it should be run. Mr. Turner felt 90% of capacity. He noted they have been running more than 250 in recent times. Mr. Turner then showed the architectural design of the facility. The former booking cell was designed for 9 offenders, and there have been as many as 25 sleeping on mattresses on the floor. Last week, this situation was dealt with by placing these offenders in the house area and increasing the number of inmates in each unit in that area. The house area has been barred and fenced and would not be easy to escape from. Mr. Condos noted that the Minutes of the Council meeting of 16 June 1997 alluded to the problem in the booking area and asked why it took letters and calls from two state senators to finally get something done about it. Mr. Turner acknowledged they did not act quickly enough. He said it is hard to find any relief with this much of an overcrowding problem. Mr. Turner said that there is now an agreement with New Jersey to take 50 Vermont prisoners, and they are hoping for a second such arrangement with another state. It is hard to work out details on this type of moving of prisoners, and there would have to be additional appropriations from the Legislature to finance a second arrangement. Mr. Condos said the South Burlington City Council would go with the Department of Corrections to lobby the Legislature, if it would help. Mr. Austin asked if other facilities in the state are as crowded as this one. Mr. Turner said Rutland and St. Johnsbury are; others are not as bad. Mr. Turner anticipated that women offenders will be moved to the new facility in Waterbury in January. The new Springfield facility is about 4 years down the line and will house 250. Mr. Cimonetti then reviewed the history of the facility in South Burlington. He stressed that the state never had an agreement from South Burlington to locate the facility in the city. The only planning process the state ever went through occurred with an addition in 1991. At that time, both a zoning variance and planning approval clearly stipulated a maximum of 197 residents in the facility. Anything above that would result in a violation of the permit. There were to be 2 reports on population per year. The city has not always received these. Mr. Cimonetti noted there was never a discussion with the city on changes in the house unit. He said every land owner has to get a permit for improvements over $1,000. He said the city's agreement with the state was for 197 inmates, and the city wants to get to that number. The floor was then opened for comments and questions from the audience, and the following responses were received: a. Lee Wrigley: expressed concern that dangerous people are being put back on the street. He asked what "not too dangerous" means. b. John Kimble, President of Vermont Gas: noted they employ over 100 people at all hours of the day, every day of the year. Because of their location, they are concerned with the affect any breakout might have. He said that nothing he had heard at this meeting had eased his concerns. Mr. Cimonetti noted that the Swift/Farrell area is much different today then it was in 1972. There are multi-story office buildings, restaurants, and small businesses in addition to the residential neighborhoods. He said it would be unthinkable to locate such a facility in that area today. Moe Cloutier: noted that the Liaison Committee had a good relationship with the facility's superintendents, but he was concerned that every time there has been an escape incident the state threw a little money at the facility but continued to increase the number of inmates and the level of difficulty of the inmates as well. He was concerned that residents would bear the brunt of a breakout or incident at the facility. He also noted that residents were assured the facility would not look like a high level jail, and that's what it now looks like. He said he would like to see the state live up to its agreements. Dave Bellini, 20 year veteran officer of the Dept. of Corrections and bargaining agent for employees: expressed concern with safety. He stressed that the furlough program is not based on merit but on overcrowding. He felt officers do a great job supervising these offenders, but criminal convictions do occur, and there is drug and alcohol abuse. He said some of these offenders now have firearms. He felt the best population limit for the facility would be 176 which means there are 83 too many. Mr. Bellini said the Department did not act immediately about the situation in South Burlington and only responded when Sen. Iluzzi and Sen. McCormick visited the facility and decried the conditions. With specific reference to the 25 people who were moved from the booking area, Mr. Bellini said they were in fact moved to the house area, but the officer who used to supervise them did not go with them. He felt overcrowding is past the safety point. Tim Barritt, Liaison Committee member: noted he lives in one of the closest houses to the facility. He said there is bound to be a point where something happens that makes everyone angry, fearful, etc, and gets a huge response. He asked how long it would be before there is a response that fits the problems. He also felt there should be more focus in the state on keeping people out of jail in the first place. Bob Hooper, President of Vermont State Employees Association: toured the facility with Sen. McCormick and found conditions are deplorable, something you don't expect to see in the U.S.A. He felt the citizens of South Burlington should get a better shake. He noted that staffing levels appear to go down as prison population increases. He also said there are satellite facilities growing up in the community that the community doesn't know about and should be very concerned about. Darrell Meunier of the Liaison Committee: would like to insure that the Dept. of Corrections is really interested in doing something. He said information works from the bottom up, and Mr. Turner has to listen to his people. He didn't feel that was happening. Mr. Condos read a letter from Dan Morrissey expressing concern with the facility. Mr. Morrissey has a significant investment with three developments with high quality tenants and is concerned the situation will cause anxiety on their part. He felt there should be an analysis of the highest and best use for the property and that a prison facility should be located somewhere else. Glenn Boyd, Corrections Officer: works on an overtime basis at the facility and said that what he saw there this week scared him. There were 25 people in the booking cell who were then moved out into the house. There are now 98 people in that unit with no additional officers. Chris Hurd: felt that what he had heard at this meeting was repugnant. He felt the facility was shoved down the city's throat, and that the state's avoiding of the planning process was an outrage. He has 2 young children and lives 200 yards from the facility. He does not want to see his children abducted and felt that a solution to the problem cannot wait. Rep. Susan Wheeler: asked if there is any thought to the rising number of young girls who need help. She hoped they were not at the Farrell St. facility. Rep. Frank Mazur: said what he heard tonight led him to think the facility has a failing grade. He said he has heard "pushing the envelope" for 4 years, and South Burlington cannot live with "pushing the envelope." He described the situation as a catastrophe waiting to happen. He also said he has not seen a legislative agenda with what Mr. Turner wants to do, and did not see how security and safety can be maintained at the facility. He would like Mr. Gorshek to present the South Burlington City Council with a plan of what is to be done. Mr. Condos said that in February he talked with Supt. Murphy regarding the incident with fire alarms going off. He said the city's concern is how the Fire Department can know what kind of situation they are going into. Chief Graham said that on 20 February they got an amendment to the facility's protocol by which the Police Dept. is notified of a "loss of control incident." The Police would notify the Fire Dept. what kind of alarm they are responding to. Chief O'Neil said they respond to the entrance and wait for an escort. They would not otherwise go in. Mr. Condos asked if there are any inmates furloughed in South Burlington motels. Mr. Turner said he didn't know but could find out. Mr. Condos was concerned that there has been construction at the facility and the city hasn't been notified. He noted the Dept. of Corrections is coming up with "deals" to other towns, and he felt the Dept. owes the citizens of South Burlington the courtesy of telling them when something is being done at the prison, and the state should pay a fair share to South Burlington. Ms. Britt said she believes the situation is critical and a detailed plan is needed to reduce the number of inmates, sooner rather than later. Mr. Sheahan said he hoped the Dept. of Corrections really heard what was said at this meeting and that they will be proactive, not reactive. He said if the city could have its way, the Dept. of Corrections would have been out of business in South Burlington. Mr. Austin said he would support any action possible in defense of the city's planning and zoning laws. He said the Dept. of Corrections has known about the problems for a long time, and that if the only way to get a response is to compel it, that would be his route. Mr. Cimonetti asked if the person in charge at the facility can turn away a prisoner because of lack of space. Mr. Turner said he didn't think that could happen as they serve the state's detained population. With regard to the recently erected fence, Mr. Turner said the Buildings Dept. did that, and he would check on it. He also indicated there are no women under 16 at the facility. They are mainly the responsibility of SRS. Mr. Cimonetti asked about the long and short term plans for the facility. Mr. Turner said he anticipates significant growth in "community placements" and out-of-state placement. He said there is no plan to put a cap on this facility, though he would like to. In the long-term, there will be 116 beds in Newport and 350 at the Springfield facility. Nothing is on the drawing board for Chittenden County except a possible half-way house facility. Mr. Turner also felt that the days of what happened in South Burlington are over, and the state now negotiates with communities to pay for infrastructure that supports the facilities. Mr. Cimonetti said the city would be willing to participate in siting the next correctional facility in Chittenden County and that this could be done through regional boards. The city feels the present site cannot support the kind of situation that now exists there. He also asked for a written, short-term plan to address the situation. 4. Public Hearing on proposed amendments to the Zoning Ordinance: second reading of same: a. Amendment to Section 28.123 of Zoning Regulations - definition of "land development" to include Dorset Street waterline service area: Mr. Weith explained that the purpose of this amendment is to bring the Zoning Ordinance and Impact Fee Ordinance into sync. b. Amendment to Article XIV, Central District and Section 26.002-alterations to non-complying structures of Zoning Regulations. Amendment affects east side of San Remo Drive and all areas zoned Central District: Mr. Weith explained that this amendment creates Central District IV and adds some conditional uses. It also changes how nonconforming structures are treated in the whole Central District. c. Amendment to Section 22.30 Spear St./Allen Rd. view protection zone of the Zoning Regulations. Raised view protection formula to better protect views of Green Mountain foothils: Mr. Weith said this amendment corrects an error in the formula and makes the protection zone more restrictive. There are no structures currently in that zone. Existing vegetation is grandfathered. There are no waivers from these restrictions. d. Amendment to Article XII, Commercial I District of Zoning Regulations to create an automobile sales zone-Shelburne Rd, Holmes Rd. #5 and #15 from C-I to C-II: Mr. Weith said this amendment creates a subzone for auto sales and also changes zoning of one piece of property from C-I to C-II. The Chair asked if there were any comments and questions from the public. None were forthcoming. Mr. Sheahan moved to waive the reading of the proposed amendments, close the public hearing, and approve the amendments as presented. Mr. Austin seconded. Motion passed unanimously. 5. Consideration of approval of Residuals Participation Agreement between City and Chittenden Solid Waste District for Managing Wastewater Sludge: Mr. Moreau explained there is now a contract with BFI of Quebec for sludge treatment. There is also an agreement for 100% backup at Moretown, Vt., and in Ohio because Canadian standards are higher than U.S. standards. Mr. Moreau said towns are now protected, get a good price, and can count on the agreement for a number of years. There is also an escape if there is a problem. South Burlington is currently using a private contractor to dewater sludge. If there is ever a problem, the City of Burlington can be used as a backup. In the second year of the contract, BFI will give a 15% deduction for meeting the standard. Mr. Moreau felt the Airport Parkway facility could earn the lower rate. Mr. Whitten said that the Water Pollution Control Dept. has found BFI very good to work with. Mr. Austin moved to approve the residuals participation agreement between the city and Chittenden Solid Waste District and to authorize the City Manager to sign the agreement. Ms. Britt seconded. Motion passed unanimously. 6. Request to reset tax rates for special assessment districts for 1998-9: Ms. Strait explained how the errors were made and found. This occurred before tax bills went out. Ms. Britt moved to set the tax rate for special assessment districts as noted in the City Manager's memo of 15 June 1998 as follows: .128 for Swift St. Extension/Ethan Allen Drive and .276 for Country Club Estates. Mr. Sheahan seconded. Motion passed unanimously. 7. Consideration of subdivision, Zoning Board, and filing and recording fees charged by Planning Commission and Zoning Department: Ms. Britt asked who does inspections for CO's. Mr. Weith said Ray Belair or Dick Ward. Mr. Austin noted there is a new level of work required because of the Bianchi bill. Mr. Weith said that there will be a request for additional fees for inspection of older facilities that now need CO's because they never got them. Mr. Cimonetti added that these facilities cannot be transfered or refinanced without CO's. Mr. Condos moved to approve the Resolution setting subdivision fees, Zoning Board fees, and filing and recording fees as presented. Mr. Austin seconded. Motion passed unanimously. 8. Acceptance of Federal Highway Administration Special Funds for Ice Storm Clean-Up: Mr. Audette said this is for class 2 roads and pays 100% with no matching funds required. It also covers regular labor which FEMA does not cover. Ms. Britt moved to approve acceptance of special funds for ice storm clean-up as presented in order to collect $65,455.64. Mr. Condos seconded. Motion passed unanimously. 9. Review Zoning Notice for Public Hearing to be Held 22 June 1998: No issues were raised. 10. Review Planning Notice for Public Hearing on 16 June 1998: No issues were raised. 11. Review Minutes of 2 June 1998: Mr. Austin moved to approve the Minutes of 2 June 1998 as written. Mr. Sheahan seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 10:40 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.