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HomeMy WebLinkAboutMinutes - City Council - 08/18/2008CITY COUNCIL 18 AUGUST 2008 The South Burlington City Council held a regular meeting on Monday, 18 August 2008, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: C. Smith, Chair; M. Boucher, S. Dooley, M. Emery Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; T. Whipple, Police Chief and other members of the Police Department; D. Brent, Fire Chief, and other members of the Fire Department; B. Hoar, Public Works Department; S. Stitzel, City Attorney; T. Moreau, CSWD; L. Berkett, S. Dopp, M. Mittag, K. Donahue, L. Bresee, D. Sachs, E. Farrell, J. Jewett, I. Farag, S. Berdeen 1. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 2. Announcements & City Manager's Report: Ms. Emery: drew attention to a property on Swift St. where old cars and other "stuff" is accumulating on the lawn. She also suggested moving the proposed 12B interchange further south on Hinesburg Road away from a residential area. Mr. Boucher: Asked that a future agenda include a discussion on e-mail and asked that the City Attorney be present for that discussion. Mr. Smith: Reported on a meeting with Brad Worthen, recently hired by the Airport. Mr. Smith was hopeful of better communication with the Airport in the future. Ms. Dooley: Will be meeting with UVM soon in her role as liaison. Mr. Hafter: Introduced Paul Conner, the new Director of Planning & Zoning. Chief Brent: Reported on the upcoming open house at the First Department, 7 September. The event will include demonstrations of equipment and a presentation by an agent from APF with a bomb-sniffing dog. The event will be advertised in The Other Paper. Mr. Hafter: Cited the need from City Council representation on the Personnel Rules Advisory Committee and the Social Responsibility Committee. Former Councilor Dan O'Rourke has indicated he would be willing to continue serving on the Social Responsibility Committee. Members were OK with this. There will be a meeting of the MPO's "Innovative Financing Committee" on 21 August at 4 p.m. at the MPO. The 2 September agenda will include a public hearing on the condemnation of land for the proposed interchange 12B and also a public meeting on the date of the city's annual meeting. The discussion of details of the proposed police facility will begin on that night as well. Mr. Smith suggested scheduling a meeting at Orchard School in the near future. Mr. Hafter suggested the second meeting in September. 3. Interview with Applicants for City Boards & Commissions: The Council interviewed Robin Lawson for appointment to the Design Review Committee. Ms. Lawson indicated she is currently a financial advisor at Smith-Barney. She has attended some meetings of the Committee and would like an opportunity to become involved in the community. 4. Continued Consideration Regarding Chain-link Fence on Kennedy Drive at Winding Brook: Mr. Hafter drew attention to a letter from Ms. Berkett offering a new proposal. Ms. Berkett felt that the city's plan to plant arbor vitae was a "mandate." She noted that the Development Review Board has acknowledged that a chain link fence is not appropriate for all storm water ponds. She also noted that the city is proposing a more aesthetically pleasing fence for the storm water pond at Oak Creek Village. Ms. Berkett gave members photos including a picture of the fence at the Sewage Treatment Plant and the one at the entrance to their development. She asked the Council to support a compromise option: the city would replace the 15 panels along Kennedy Drive with same material as that at the Marcott School. It would also remove the gate and fence along Winding Brook Drive and transplant several trees that were planted in a ditch where they accomplish nothing. Ms. Berkett showed a photo of the stormwater pond at Manor Woods which has no fencing around it. She felt that the $6000 the development has paid to the storm water utility should entitle them to this option. She added that the city should follow the high standards it sets for development on private property. Ms. Emery suggested consideration of a black chain link fence similar to that across the road from Winding Brook which would cost $800. more than what the city had offered. Mr. Smith asked what makes fencing at different sites different. Mr. Hoar said they are changing the fencing they install based on arguments they've heard. But he stressed that this doesn't mean they're going back and changing all the fences that are already up. Mr. Smith was concerned that if the Winding Brook fence is changed other groups will come in and ask for a change. Mr. Hoar noted that the fence at Oak Creek is a mid-range option and is more aesthetically pleasing. It is painted black. He felt that part of the problem at Winding Brook is that fence is green coated but the pipe supports are not. Ms. Berkett said that the City has done such a good job with zoning and with the appearance of the City that it doesn't make sense to have this eyesore. Mr. Boucher said he would not consider removing the fencing because of liability issues. Members agreed to continue the discussion at the next meeting and to get more information in the interim. 5. Consideration of Application for VTrans Enhancement Grant for LED "Mid-Block" Pedestrian Crossing Safety Improvements: Mr. Hoar said he will be applying for the "mid-block" crossing grants what will also involve some bike path crossings. He reviewed what can be funded under the VTrans program and noted that the city already has 2 grants for San Remo Drive and Tilley Drive bike path. Mr. Hoar reviewed which crossings would be involved including those on Airport Drive, White Street, Airport Parkway, Patchen Rd., Spear Street, Dorset St., Farrell St., East Terrace, Swift Street, Harbor View, and Brand Farm Road. He showed some photos of these areas and noted that with the LED lighting drivers pay more attention to people crossing the streets. The city will be applying for solar powered lights and will use a pedestrian activated light rather than a constant flashing light. The total cost of the project will be $236,117. The city is responsible for a $47,223 match of which $23,611 must be a cash commitment and the balance "in kind." Mr. Hafter said this money would be in the city's operating budget for next year. Mr. Boucher moved to authorize Mr. Hoar to submit the proposed grant application as presented. Ms. Dooley seconded. Motion passed unanimously. 6. Report on Preliminary Results of EPA Energy Challenge: Mr. Hafter introduced Professor Farag and Ms. Sachs who were involved in the project. Professor Farag said the purpose of the project is to help communities deal with the spiraling cost of energy. The challenge targets municipal buildings, schools, and wastewater treatment plants. In South Burlington, the project focused on the Public Works Garage, Municipal Building, Fire Station #2, Airport Sewage Treatment Plant and Bartlett Bay Sewage Treatment Plant. Professor Farag explained how buildings were "benchmarked." At least 12 months of energy use data was collected and charted. Some of the findings included: 1. With a 10% reduction in energy use, the cost of energy at the Municipal Building could be reduced by $6779 per year. There could be a 40% savings at the Airport Parkway Treatment Plant and a 30% savings at the Bartlett Bay plant. Both Fire Station #2 and the Public Works Garage scored better than the national average. 2. Some suggestions for reducing energy use at the Municipal Building included turning off lights, fixing ceiling leaks, using a programmable soda machine, etc. He stressed that it is also important for the building to remain "livable." Mr. Hafter said discussions will be held with Department heads, and there may be some incentives offered (possibly a competition between departments). Ms. Sachs said the city staff was great to work with on the project. She felt the 10% figure would be easy to attain. 7. Consideration of Purchase of Fire Trucks: Information and Recommendation: Chief Brent referred to his memo regarding the need for fire trucks. He reviewed the committee process for making the decision that is being presented. The request is for 2 new pumpers (the 2 1988 pumpers would be sold). The new pumpers would be more fuel efficient and would provide some savings in that regard. They would also have a larger fuel tank which would require fewer trips to fill the tank, also saving on fuel. Mr. Hafter reviewed funding options. He suggested use of the Rooms & Meals tax money, which he felt was appropriate as the Fire Department protects hotels, etc. No property tax money would be used. There would, however, be an increased amount added to the yearly appropriation to the fire equipment reserve fund. Ms. Dooley questioned the use of the Rooms & Meals Tax and cited frustration with lack of progress on the City Center. Mr. Boucher felt that money should be used for the Police Station. Chief Brent explained that price benefit that has been offered by the company and indicated that offer would expire tomorrow (19 August). Mr. Boucher expressed frustration that the Council was just hearing about this now. Ms. Emery expressed concern with going to the voters with 2 bond votes (fire equipment and the Police facility). Members of the Fire Department cited the daily breakdown of existing equipment and said the open cabs are unsafe. Mr. Hafter noted that the City will continue to receive Rooms & Meals Tax money which could fund the Police facility. Firefighters expressed frustration that funding fire trucks is always an issue while other departments replace vehicles without question. They noted that all 4 of the city's engines aren't worth a total of $50,000, and they can't be certified. Mr. Smith asked the representative of the company offering the vehicles whether they would consider holding the price until 3 September to give the Council until its next meeting to make a decision. After contacting his superiors, the representative said the company would agree to that but asked for a letter of intent. Members were OK with that. Council members stressed understanding of the need for the fire engines; it is the method of financing them that is under scrutiny. 8. Discussion of Issues Related to the Use of Conservation Fund: Mr. Hafter explained that the city first bought the development rights to the Scott property and then purchased the property. The purchase agreement stipulated that there be no development on the property. The concern is that if the city purchases additional property from the Scotts and it becomes merged with the property already purchased, the "no development" restriction will disappear. Mr. Stitzel explained that in Vermont State Law there is a doctrine called "Merger." The deed conveying the Scott property to the City conveyed the same restrictions as the agreement for the development rights. Those restrictions are for the benefit of the Scott property. If the city subsequently purchases that Scott property, that restriction/benefit goes away. The City has the right to sell the development rights it purchased with the Scott property. Those rights can be sold to a developer to use on another piece of property in the city. The city could convey those development rights to a land trust organization, which would then have the ability to enforce the restrictions. Mr. Bresee said it would be helpful for people to understand how you put a restriction on a piece of property. Mr. Smith asked whether the Council wishes to establish guidelines for use of conservation funds. Ms. Dooley felt that as a minimum the annual report should say what the city has done with the property. Ms. Dopp felt there should be public input on a case-by-case basis to determine the best use of the property. Mr. Hafter said it is not advisable to have the public know what property the city is contemplating buying. He cited instances where the city has lost property to a private sector bidder. Mr. Donahue felt that in order to keep conservation fund money from being used for ballfields, developers should have to provide such facilities. Mr. Hafter said the developers pay impact fees to the city for recreation. The city could not require them both to pay the fees and build facilities. Ms. Emery said Recreation Department people are privy to executive sessions but no one representing conservation is. Mr. Berdeen said what is needed is identifiable guidelines. Mr. Hafter said any guidelines would have to revolve around the Planning Commission. 9. Consideration of Approval of Biosolids Residuals Management Participation Agreement: Mr. Moreau said he was asking for permission to sign a 5-year contract for biosolids. He then reviewed the history of sludge disposal and noted this would be cheaper than landvilling the sludge. Ms. Dooley moved to authorize the City Manager to sign the contract with the contingency that if the city gets to "Class A" sludge, they will match the price or the city will pull out. Mr. Boucher seconded. Motion passed unanimously. 10. Consideration of City Council Policy on Public Education Activities related to City-Focused Ballot Articles: Ms. Dooley reviewed the history of this effort. Ms. Emery said she supports the policy and felt the more voices heard from the better. Mr. Boucher said everything the Council does is in public session and everything is subject to an agenda. He felt democracy is the work of everyone and he felt it is up to citizens to involve themselves. Mr. Smith agreed with Mr. Boucher and expressed concern with "unintended consequences." He was also concerned with expenditure of staff time and effort. He felt it is not the Council's job to identify all the people who dissent. Mr. Berdeen stressed that the Police Station process has been open and included representation of people with many positions. He noted that in the beginning he opposed the position that the committee ultimately came to, as did many others on the committee. He felt that creating more methods to fragment discussion was not responsible. Chief Whipple felt the City Council has to take a position to guide the city. Mr. Smith asked the City Attorney what responsibility is placed on individual Council members when the Council votes to put something on the ballot. Mr. Stitzel said that once the Council has made a decision to pursue an action, the City Manager and staff are responsible to direct the efforts to accomplish what the Council has decided is in the best interest of the city. An individual member of the Council can state a difference of opinion. A city employee, who is not a resident of the city, has limitations and is responsible to the employer. An employee who is a resident, has every right to speak publicly on matters of interest to the public. Mr. Stitzel then referred to the "Open Meeting Law" which obligates public officials to allow dissent but does not obligate them to foster dissent. If the city complies with the Open Meeting Law, it has fulfilled its obligation. Mr. Stitzel then continued to say that when communities take it upon themselves to take on responsibilities that are beyond the law, they create a potential for questioning as to whether they have failed to meet the process they have set up. He felt that the policy Ms. Dooley is proposing establishes something else and it means that the City Council has to do more than what is required by the Open Meeting Law. Mr. Stitzel questioned what the consequences would be if the Council failed to comply. He stressed that as a City Councilor, a member has the right to dissent from a decision. He or she does not have the obligation to pursue that position or to explain it. Mr. Donahue agreed with Mr. Boucher that "democracy is tough." He felt people have to make a conscious decision to get involved. Those who are involved come to meetings. He felt the Council did not need to make it harder for themselves to do their job. Mr. Bredeen felt the proposed policy was not a constructive way of doing things. He felt people need to work together for a "win-win" situation. Mr. Hafter said that from a staff point of view, it is hard to have people show up at every meeting in the city. He felt it would be better to have a formal "town meeting" before a vote. He stressed that City Hall's job is to provide equal access to the building and to information. Mr. Mittag suggested the City Council do more outreach. 11. Reconsideration of Action to Return Right-of-Way on Green Tree Drive to Private Owners: Mr. Hafter noted that there is a citizen who still utilizes that right-of-way. The private owners have no objection to reversing the Council's previous decision. Ms. Dooley moved to rescind the motion made of 21 July 2008 regarding the right-of-way on Green Tree Drive. Mr. Boucher seconded. Motion passed unanimously. 12. Consideration of Appointment of Voting Delegate to Annual Business Meeting at VLCT Town Fair: Ms. Dooley moved to appoint Mr. Hafter as voting delegate to the VLCT Town Fair. Mr. Boucher seconded. Motion passed unanimously. 13. Review Development Review Board Agenda for Meeting of 19 August 2008: Ms. Dooley asked about the Healthy Living request and how it related to the park. Mr. Hafter said it has to do only with a plant display. 14. Review and Approve Minutes from Special & Regular Meeting held on 21 July 2008: Mr. Boucher moved to approve the Minutes of 21 July 2008 as written with the correction of the spelling of a name. Ms. Emery seconded. Motion passed 3-0 with Mr. Smith abstaining. 15. Entertainment License Request: Mr. Hafter presented a request for an entertainment license from Lewis Motors for a private event on 30 August from 11 a.m.-3 p.m. Mr. Boucher moved to approve the Entertainment License as presented. Ms. Dooley seconded. Motion passed unanimously. 16. Sign Disbursement Orders: Disbursement Orders were signed. 17. Executive Session: Ms. Emery moved that the Council adjourn and reconvene in executive session to discuss real property acquisition and appointment to boards and committees and to resume regular session only to make such appointments and/or adjourn. Mr. Boucher seconded. Motion passed unanimously. 18. Regular Session: The Council returned to regular session. Mr. Boucher moved the following appointment. Ms. Emery seconded. The motion passed unanimously. Ms. Dooley moved adjournment. Mr. Boucher seconded. The motion passed unanimously. The meeting adjourned at 12:15 a.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 18 AUGUST 2008 PAGE 9 Mr. Boucher moved to approve the Minutes of 21 July 2008 as written with the correction of the spelling of a name. Ms. Emery seconded. Motion passed 3-0 with Mr. Smith abstaining. 15. Entertainment License Request: Mr. Hafter presented a request for an entertainment license from Lewis Motors for a private event on 30 August from 11 a.m.- 3 p.m. Mr. Boucher moved to approve the Entertainment License as presented. Ms. Dooley seconded. Motion passed unanimously. 16. Sign Disbursement Orders: Disbursement Orders were signed. 17. Executive Session: Ms. Emery moved that the Council adjourn and reconvene in executive session to discuss real property acquisition and appointment to boards and committees and to resume regular session only to make such appointments and/or adjourn. Mr. Boucher seconded. Motion passed unanimously. 18. Regular Session: The Council returned to regular session. Mr. Boucher moved the following appointment. Ms. Emery seconded. The motion passed unanimously. Planning Commission: Marcel Beaudin, three-year term Tim Duff, four-year term DRB: Gayle Quimby, three-year term Mark Behr, three-year term City Charter Design Review Committee: Robin Lawson, three-year term Rec. Committee and Leisure Arts Committee: Laura DeMaroney, three –year term CITY COUNCIL 18 AUGUST 2008 PAGE 10 Joseph Hameline, three-year term Ken Mahl, three-year term Rosemary Perkett, three-year term Red Rocks Committee: Jed Lowy, three-year term Mary Jo Reale, three-year term Ethel Schuele, three-year term Red Path Committee: Bill Cimonetti, three-year term David Jacobowitz, three-year term Library Board of Trustees: Tim Barrett, three-year term Sandra Lindger, three-year term Winooski Valley Park District: Chris Cavin, three-year term Natural Resource Committee: Russell Agne, three-year term CRCF Liaison Committee: Tim Barritt, three-year term Maurice Cloutier, three-year term City Charter Committee: William Cimonetti, three-year term Ms. Dooley moved adjournment. Mr. Boucher seconded. The motion passed unanimously. The meeting adjourned at 12:15am. _______________________ Clerk