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Minutes - City Council - 05/07/2007
CITY COUNCIL 7 MAY 2007 The South Burlington City Council held a regular meeting on Monday 7 May 2007, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; C. Smith, M. Boucher, S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hinds, Director of Planning & Zoning; T. Hubbard, Recreation Department; B. Cimonetti, L. Bresee, Rec Path Committee; L. Murphy, Community Library; J. McLain, City Attorney; J. Cotter, T. Dunn, S. Mallory, M. Kasti, B. Grimes, T. Ciccini 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Announcements and City Manager's Report: Mr. Condos noted that this would be his last City Council meeting. He acknowledged the excellent City Council and City staff and cited the many accomplishments during his 18 years on the Council. These include: purchase of Dorset Park land, Rec Path, ambulance service, and the beginning of City Center development. Mr. Smith made a presentation to Mr. Condos and cited his efforts as a State leader in dealing with stormwater issues and locally with the establishment of the Open Space Reserve Fund. He said Mr. Condos had been a mentor to them all. Lt. Jim Snyder of the South Burlington Police Department made a presentation to Mr. Condos on behalf of the Department and noted that excellent image of South Burlington projects beyond the city's boundaries. Mr. Hubbard thanked Mr. Condos on behalf of the Recreation Department. Mr. Hafter noted he was hired at the same time Mr. Condos joined the Council. He particularly cited Mr. Condos' role in promoting affordable housing in the city and in the state. Mr. Hafter said a community reception for Mr. Condos will be held in the near future. Mr. Magowan noted the Library Governance Committee met last week. He has agreed to write a Charter for the Library. Mr. Hafter noted the following upcoming meetings/events: 9 May Police Facility Group 7 p.m. 15 May Kickoff meeting for design of the third lane in front of Staples Plaza 17-18 May Vermont Town Managers Association meeting 24 May City Charter Committee meeting 6:30 p.m. The 21 May City Council agenda will include the reorganization meeting (7 p.m.). The Council will also consider representation to the following regional boards and commissions: MPO, Regional Planning Commission, Solid Waste District, UVM Liaison, CCTA. 3. Public Discussion on Proposed increase in tax exemption for disabled veterans: Mr. Condos reviewed the history of the item and the state law involved. He noted there are 32 disabled veterans in South Burlington. With the increased exemption, the city could be liable for an additional $4,600 in taxes to the state. Mr. Condos also noted that he is working on having a discussion in the State Senate in the next session to address this issue. No public comment was offered. 4. Review of Procedural Issues regarding East Avenue Loop Project: Mr. Hafter said communication on this project has been very good. Mr. Cotter, Attorney from the Department of Public Service, said they are the group that represents the general public as a whole. Mr. Dunn then described the project. The main thrust is to reinforce an energy point on East Avenue. Today there is one line. The plan is to replace it with 2 lines within the existing 150 ft. right of way. They will also upgrade the East Avenue substation and provide a connection from East Avenue to the McNeil Plant in Burlington. Existing poles will be removed and replaced with 2 poles. Mr. Dunn then briefly reviewed the route the line will take. Mr. Dunn said that if a transmission line goes out today, half of Burlington loses power. The new line will be a reliability enhancement. In the future, he noted, it may be possible to remove the lines along the Burlington waterfront. Mr. O'Rourke asked about the cost. Mr. Dunn said the transmission line is eligible for funding throughout New England, and there is a cost sharing plan between Green Mountain Power and Burlington Electric for the line to McNeil. Ms. Grimes noted that another benefit is that today, if the radio feed to East Avenue is lost, the entire Airport goes down. That would not happen in the future. The adjacency to Country Club Estates, Valley Ridge, and the Winooski Valley Park on Poor Farm Rd. was noted. Lines would be going from the middle to the edge of the right-of-way, and there may be an issue with cutting trees outside of the right-of-way. Mr. Dunn said the total project cost is $44,000,000. Mr. McLain asked what concerned citizens should do to voice concerns. Mr. Cotter said they haven't yet opened a docket. There will be multiple hearings at which the public can raise issues. If people want to become a party and present evidence, they have to file a motion to intervene with the Court. Mr. Cotter added that people always have the right to write letters, e-mails, etc. to the Board. He said they will all be read. Mr. McLain noted that VELCO filed it petition on 16 April. Once a formal docket is open, one or more public hearings will be held for public comment. There will then be formal technical hearings, and the City will be a party to those. Mr. Mallory said that since September 2006, they have had a stakeholder process in which the public, which is impacted by this project, has been engaged. 5. Consideration of Cooperative Agreement (PCA) between City and the Army Corps of Engineers to Complete a Design and Construction Project within Tributary 3 of Potash Brook: Ms. Hinds reviewed the history of a $20,000,000 grant for programs in the Lake Champlain Basin. Portions of this money were "subgranted," and South Burlington got the largest of these awards for the Tributary 3/Potash Brook project. The project is fundamental to the development of the City Center. The terms of the grant require the participating community to pay up front for design services as part of their "match." It is the contract for design services that now needs to be addressed. Ms. Hinds reviewed similar previous work done for the City by various contractors. She said Planning staff would prefer to continue to work with Pioneer (a company from Vergennes) who has all the history of the project. The Council has to decide whether to allow Pioneer to do the design work as a "piggyback" to their previous work. The amount for the design is $310,000. Mr. Condos said he was comfortable with going with Pioneer. Mr. Hafter reviewed how the city will fund its share of the project with reserves from the stormwater utility and a short-term note (pledging anticipated stormwater utility receipts). Mr. Boucher was concerned with not going to bid on this. Ms. Hinds said the actual construction work would be put to bid. Mr. Hafter said he would have an engineering firm look at the numbers to be sure they are reasonable. Mr. Smith moved to authorize Mr. Condos to sign the PCA with the Army Corps and to authorize Ms. Hinds to begin preparing a contract with Pioneer for City Council approval. Mr. Magowan seconded. Motion passed 4-1 with Mr. Boucher opposing. Mr. Hafter advised that the low bid for the Farrell Street project is within the budget. Ms. Hinds said there will have to be a full-time inspector on the site as it was a very low bid. Mr. O'Rourke said he would want to see the contract at some point. 6. Review of Design and Committee Recommendation for Gateway to the City: Ms. Hinds reported that last Monday, about 50 people saw presentations from the three finalists. The winning entry was from Terry Boyle and artist Daniel Gottsegen. It is a very simple design, which includes a "mesh tower." Ms. Hinds directed the Council's attention to the artist agreement, which is recommended by the City Attorney. The major components are the city's commitment, Healthy Living's commitment ($35,000) and the owner's commitment to get the required permits. An initial payment of $10,000 is due to the team upon execution of the contract. The further payment schedule is typical of such contracts. The City should see that Healthy Living's portion paid early in the process and that the owner gets all the required permits. Mr. Boucher moved to approve the signing of the contract by the City Manager, limiting the city's exposure to $10,000, subject to the pulling of permits and payment by the private party of its share. Mr. Smith seconded. Motion passed unanimously. 7. Bookmobile Proposal: Ms. Murphy noted that the Library is doing a lot of outreach (day cares, senior homes, etc.) and has been considering a "bookmobile" idea. She gave members a picture of a potential model and noted that it is quite small. This could be taken out into the community during late spring, summer and early fall, 3 evenings a week. The main targets would be those who can't get to the Library. They would get outside funding for the vehicle. Additional staffing would cost $2,000-5,000 for the year. For this summer, they would be going to different sites without the bookmobile, bringing stories and getting feedback. Members encouraged Ms. Murphy to proceed with the project. 8. Consideration of Capital Equipment Notes for Public Works Highway Equipment and Storm Water Services: Mr. Magowan moved to approve the capital equipment notes and accompanying documents as presented. Mr. O'Rourke seconded. Motion passed unanimously. 9. Review Minutes of 16 April 2007: Mr. Boucher moved to approve the Minutes of 16 April as written. Mr. Smith seconded. Motion passed unanimously. 10. Review Minutes of 30 April 2007: Mr. Smith moved to approve the Minutes of 30 April as written. Mr. O'Rourke seconded. Motion passed 3-0 with Messrs. Condos and Magowan abstaining. 11. Sign Disbursement Orders: Disbursement Orders were signed. 12. Executive Session: Mr. Smith moved the Council meet in executive session to discuss contracts and a settlement and to resume regular session on to approve contracts and/or approve a settlement and/or adjourn. Mr. Boucher seconded. Motion passed unanimously. Regular Session: The City Council returned from Executive Session: Dan O'Rourke moved for the approval of the contract agreement between the City and the South Burlington Police Officers Association for the period July 1, 2006 - June 30, 2010. Chris Smith seconded. The motion passed unanimously. Chris Smith moved for the approval of the contract agreement between the City and the South Burlington Career Firefighters Association (IAFF Local 3671) for the period July 1, 2006 - June 30, 2009. Mark Boucher seconded. The motion passed unanimously. Steve Magowan moved the approval of an amendment to the contract agreement between the City and the City Manager for the period July 1, 2006 - June 30, 2010. Mark Boucher seconded. The motion passed unanimously. Steve Magowan moved that the City of South Burlington authorize the Vermont League of Cities and Towns Property and Casualty Intermunicipal Fund to negotiate on the City's behalf, the settlement of the Myrkel Staley v. Jack O'Connor, Douglas Dubie, Andrew Chaulk, John MacCullum and the City of South Burlington case on file in the United States District Court for the District of Vermont, with the City's share of any settlement being limited to its deductible of $500.00, and provided further that any settlement documents be in a form satisfactory to defense counsel. Dan O'Rourke seconded. The motion passed unanimously. Dan O'Rourke moved adjournment. Steve Magowan seconded. The motion passed unanimously and the meeting adjourned at 10:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.