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Minutes - City Council - 06/16/2008
CITY COUNCIL 16 JUNE 2008 The South Burlington City Council held a regular meeting on Monday 16 June 2008, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: C. Smith, Chair; S. Magowan, M. Boucher, S. Dooley, M. Emery Also Present: C. Hafter, City Manager; Chief T. Whipple, T. Shepard, Police Department; T. Hubbard, Recreation Department; L. Ventris, Chair, and other members of the Dog Park Committee; S. Berdeen, K. Donaghue, L. Nadeau, L. Bresee, Police Facility Committee; R. Arnold, M. O'Day, Arnold & Scangas; T. Moreau, T. Barbagallo, P. Stabler, CSWD; D. Scheuer, G. Forbes, B. Burbank 1. Comments & Questions from the Audience, not related to Agenda Items: Mr. Burbank raised an issue regarding the Solid Waste District budget and was asked to hold his comments until that item on the agenda. 2. Announcements & City Manager's Report: Mr. Magowan: There will be a CCTA meeting, 25 June, 5 p.m. Mr. Hafter: Noted receipt of a letter from a resident at Winding Brook regarding the fence near the stormwater pond. Mr. Hafter noted there is a plan to landscape the area to make it more attractive. He will respond to the resident's concerns. There will be a special City Council meeting on 2 July, 5:30 p.m. to set the tax rate for the coming year. The meeting will also address bids for roof work. GBIC will hold its annual meeting on 17 June, Noon. Mr. Hafter has joined the Lake Champlain Chamber of Commerce Transportation Committee. It will meet Wednesday at 8 a.m. A "conflict of interest" policy is being drafted for the City Council. There have been questions raised about open space land, specifically whether lands purchased for "open space" prior to the recent vote (specifically the Scott property) can be used for recreation. Mr. Hafter noted that there are easements and deed restrictions that remain on the Scott property. He added that the City Attorney said the land was already eligible for recreation use prior to the recent vote. Ms. Dooley commented that she had been told that a "change in the law" had to have a "meaning." Mr. Boucher said the vote was for clarity, not to change a law. He added that it was his feeling that when the Scott property was purchased the clear intent was that it was for open space, not active recreation. Mr. Smith agreed. Mr. Magowan said the Council needs an opinion from the City Attorney as to how to keep the property for "passive" recreation. He also noted that eventually the City will want to sell the development rights on the land. Ms. Emery asked for a clarification as to what "passive" means. Mr. Magowan said it means there will be no structures. There can be paths, but nothing "permanent." Mr. Hafter noted that he had invited the South Burlington Land Trust to participate in discussions at a 21 July meeting. Others are invited as well. The meeting will be announced in the Other Paper. 3. Adoption of Resolution re: Police Lt. Peter Lavallee: Mr. Smith read the Resolution on the Retirement of Police Lt. Lavallee. Mr. Magowan moved to adopt the Resolution as read. Ms. Emery seconded. Motion passed unanimously. Mr. Hafter commented that he will miss Lt. Lavallee's reports. Chief Whipple noted there will be an open hosting to honor Lt. Lavallee at St. John Vianney Church, 27 June. 4. Dog Park Committee Report; Investigate Use of Landfill: Ms. Ventris reported that the Committee met monthly. It collected information regarding public interest and standards for best practices. She noted that 40% of households own pets, which would mean 2800 pets in South Burlington. There are 850 dogs currently registered officially in the city. The Committee also looked at potential sites in the City. 14 municipal sites were available. When standards were considered, that list was reduced to 6 potential sites. The Committee visited those sites. They also had a presentation from David Scheuer on a possible South Village site. A community meeting was held to consider such topics as financing, location, governance, etc. The public was very supportive of the Committee's work. 162 people completed the Committee's survey. Most favored a formal dog park in the city. The Committee also received unsolicited financial support and offers for volunteerism. The 6 sites considered were: Red Rocks Park, Butler Farms, the Landfill, Calkin Farm, Technology Park, and South Village. All sites had positives and negatives. The Committee unanimously felt the Landfill site was the best option. It has easy access to parking, water hookup, plowing/mowing services, and proximity to the current site used as a dog park. Ms. Ventris noted there was public support for dog park fees. There were also fundraising ideas which the committee will continue to consider and develop. The facility would operate from dawn to dusk and would consist of 2 acres, fenced, with additional acreage for parking. There would be a water hookup and also a separate area for small dogs. The fencing would include a locked gate. Amenities would include signage, bulletin board and a storage area for supplies. The Committee felt the language establishing the park should be carefully worded and adopted by the city. The City would have the responsibility for general maintenance of the park. This would be supplemented by volunteers with specific duties. Ms. Ventris noted that the Humane Society is willing to provide training programs, and the City's Recreation Department is interested in helping as well. Ms. Ventris asked the Council to endorse the recommendations of the Committee and to authorize Phase 2 of its work (to include costing). Ms. Emery asked what the landfill area is currently being used for. Mr. Hafter said it has been closed for a number of years. The only potential future use would be for Airport parking, which is a compatible use. Mr. Bresee said there is also a plan for a rec path in the area. Ms. Dopp said she had heard a rumor that UVM had abandoned its plan to build on the land across the street which is currently being used as a dog park. Mr. Hafter said the City has had no word of this. Mr. Magowan then moved to endorse the findings of Phase I have the Dog Park Committee proceed with Phase 2. Ms. Dooley seconded. Motion passed unanimously. 5. Report and Update on the Police Facility: Chief Whipple said he was pleased with the numbers. He stressed that this is a draft and that the number will change slightly. Consultants Arnold & O'Day then showed proposed elevations and floor plan for the new Police facility and also the location for parking. They indicated that the figures they were presenting included direct costs plus contractors' profit, bonding, escalation for 2009 costs, and an estimated contingency for "unknowns." Their estimate of $7,220,000 for both "hard" and "soft" costs includes: permits, soil borings, materials testing, power company charges, furnishings (including shelving for records), security (cameras, etc.), communications equipment, design fees, a "clerk of the works," and project contingency. There are some alternate costs for bullet-proof glass for the dispatch area and an emergency generator for the full building. That would bring the total to $8,900,000. Ms. Dooley asked why the particular access was chosen. Ms. Arnold said it was considered the preferred access. There would not be a considerable difference in cost. The building would be 29,789 sq. ft. This would mean a "hard cost" of $242.44 per sq. ft. Mr. Hafter noted that the impound lot was removed from the project and would stay where it is. He added that this estimate is about $1,000,000 less than the estimate for the last vote. Chief Whipple said that is primarily due to the availability on-site of utilities. Mr. Boucher said he still struggles with how to put this in context with other similar facilities, including a new facility in the southern part of the state and a facility in St. Albans. Chief Whipple cautioned about an "apples to apples" comparison and noted that those 2 facilities have fewer needs than South Burlington has. Mr. Smith noted the facility is built for 20 years. He asked if they could build less and then add to it. Mr. Berdeen said the next step would be a "break-out" budget, including a comparison with other sites and why this situation is different. Ms. Dooley said she doesn't support the site as the Calkin property was bought for passive recreation. She said people seem to want a "core city service" in the City Center. Mr. Smith said the next vote would be whether the voters will approve of this site. To get that vote, detailed information is needed. Ms. Emery said she felt the City Center was a very congested area and not appropriate for this kind of use. She has heard people say that the current site is preferable. Mr. Berdeen said there has been repeated discussion of this, and he felt the Council needs to come to closure. The process has been going on for many years, and there have been many hours put into it. He asked what the Committee could put together to move this forward. Ms. Emery felt there has to be public discussion over the summer. Mr. Berdeen said there has been a great deal of citizen input. Ms. Emery asked if there is anything to present regarding the current site. Mr. Boucher noted the voters rejected the current site. He added that 2 separate citizen committees have come up with the Calkin site. Mr. Donaghue said a Police building is so different from an office building and is more expensive to build than a building for city needs. He felt the existing building can be renovated for city uses much more cheaply. He noted that the Committee visited the Burlington Police facility and learned that they still feel they could use more space (they now have 40,000 sq. ft.). South Burlington has very similar space needs. The current site cannot support those needs, particularly in regard to process flow. Mr. Donaghue continued by saying that as a taxpayer he wants to know how much "bang he can get for his bucks." He felt that involved renovating the existing building for city use and building a new facility to accommodate a modern Police department for at least 20 years. He specifically cited the need for storing of evidence. Recent law requires that all DNA evidence has to be held until a convicted person is released from jail. Ms. Emery didn't think the votes were there to go forward in September. She felt there had to be a "plan B" and public discussion. Mr. Berdeen noted the City has the opportunity to trade some "equal or better" land to replace the "open space" land of the Calkin property. Mr. Hafter said this would be land adjacent to the Calkin property. That land is also city-owned. Mr. Smith said he felt the Council had given the Committee a charge. Two committees have come to the same conclusion, namely the Calkin property. He felt the Council owed it to the Committee and to the community to have a vote. Mr. Nadeau said that he was present when the existing building was proposed. The public was promised that it would last 20-30 years and that they could build "up" for future use. That hasn't proved possible. He felt that now the city has the opportunity to do it right and that there is an obligation to support the Police. He stressed that the committee did everything possible to look at sites. They came up with the best location. He felt the Committee needed the Council's support. He felt it would cost less to do it right and to do it now. Mr. Bresee reminded the Council that a large majority of the Committee did not start out supporting the Calkin site. Through a process of study, they came to the conclusion that this is the best option. Ms. Dopp felt there still isn't a master plan, namely what will be in the City Center. She said that people were told City Center would be anchored by City services. She felt that meant City Hall. Mr. Smith said he felt that discussion has to go to the public. Mr. Berdeen and Mr. Donaghue expressed their frustration and said there has to be an "end in sight." Mr. Berdeen said the committee has lost members because they can't get an answer from the City. He then added that by focusing only on problems, the city would be setting itself up for failure. He said the Committee's challenge was to come up with what is the most achievable solution. He felt they had done that and he doubted anyone could come up with anything better. Mr. Hafter said the Police need a new home, and they don't care where it is. He agreed that the more people talk about negatives, the more likely a plan is to be defeated. Mr. Boucher asked if it's possible to have a smaller building cost out. Mr. Berdeen said the Council needs that information and it can be done, though it may not have the same level of specificity. He volunteered to get that information to the Council. Mr. Bresee asked what can be taken out. The Committee did a needs analysis. He stressed the importance of addressing the needs. Mr. Donaghue said he thought the original square footage that was proposed was too much, but he acknowledged that he now feels he was wrong. He invited anyone to look at the building in terms of the needs of a modern police department. Mr. Berdeen felt that the only thing that can be cut out would be the community room. Mr. Magowan then moved to close the discussion and to go forward with a vote in September on the use of the Calkin property for a Police facility, with specific wording to be determined. Ms. Emery seconded. Motion passed unanimously. 6. Briefing on Race Data Collection by Police: Chief Whipple described a Police Department initiative to collect race data on all traffic stops. The initiative arose from a group formed from participants of multi-cultural backgrounds who came together to discuss relations between Police and the multi-racial community. Now, a core group of Police executives in Vermont have decided to proceed with the collection of data. This will involve the communities of Burlington, Winooski, and South Burlington and UVM. The data will include the "perceived" race data of the vehicle operator of a stopped vehicle, why the vehicle was stopped, and also data on drivers in vehicle crashes. Chief Whipple noted there will be a forum on this topic on 24 June. 7. Request to Approve Memorandum of Commitment to Participate with Consolidated Emergency Communication Planning Committee: Officer Shepard advised that last fall, Burlington, South Burlington, Winooski and UVM got serious about consolidating dispatching services. Benefits from this would include efficiency and ultimately costs. He asked the City Manager to sign the endorsement of this effort and for the city to expend $3500 toward the feasibility study (should other grant funding not be secured.). Mr. Hafter felt the expenditure would be well worth it. Mr. Magowan moved to authorize the City Manager to sign the Memorandum of Commitment for the consolidation study. Mr. Boucher seconded. Motion passed unanimously. 8. Discussion on Date for Town Meeting: Ms. Dooley noted the possibility of "shortened" terms for people elected in May and replaced in March. Members agreed to postpone action until they get input from the City Attorney. 9. Consideration of Proposal from South Village, LLC, for a public/private partnership for construction of youth soccer field; letter of intent: Mr. Hubbard said this is an opportunity for the city to have additional fields at no cost for the land and in an area of the city with no active playing fields. He said that the field would be multi-purpose (soccer, lacrosse, etc.) Mr. Scheuer said it is a straightforward proposal. South Village has surplus land which it will donate to the city. The city could construct the field. A "high side" estimate, including paving a parking area, would be $250,000. Mr. Boucher said he was concerned that the field should feel like a "South Burlington field" and not a South Village space. Mr. Scheuer agreed and said that would be addressed with signage. It would also be served by a public street. Mr. Boucher moved to authorize the City Manager to sign the letter of intent regarding a soccer field public/private partnership under the terms outlined in the memorandum of 5 June 2008. Mr. Magowan seconded. Motion passed unanimously. 10. Presentation of Chittenden Solid Waste District Budget 2009; Consideration of Approval: Mr. Stabler noted that operating expenses are up considerably because CSWD will be taking over the operation of the composting facility at the Intervale. He was cautiously optimistic that they will reach an agreement to do this. CSWD is also proposing to undertake studies regarding an organics and biosolids facility and recycling improvements. Mr. Stabler noted that 51% of the waste in Chittenden County is diverted from the landfill, which is something to be proud of. Mr. Magowan asked what will happen if the Intervale doesn't go through. Mr. Stabler said the budget will look better. Mr. Stabler also noted there is no increase in fees to towns this year, but he felt that there may have to be an increase in the 2010 budget. Regarding capital expenses, Mr. Stabler said there is still a need for a landfill, and he still felt they can take possession of the Redmond Rd. property. Capital expenses also include upgrades of equipment. Mr. Burbank expressed concern that there has been a surplus for the last 8 years, now amounting to $8,000,000. He felt that planning for a surplus every year should be looked at very carefully. Mr. Moreau noted that $6,500,000 from that surplus was spent on infrastructure improvements. He said money has to be put aside years in advance to improve facilities. He noted that other Solid Waste Districts can't do anything because they have not available capital. He added that the CSWD Charter requires them to put aside money for future needs. Ms. Emery said she supports the community taking care of its own waste and not shipping it elsewhere. She also noted that the proposed new City Charter contains a provision to allow the City to establish reserve funds as well. Mr. Magowan moved to approve the CSWD budget as presented. Mr. Boucher seconded. Motion passed unanimously. 11. Discussion of Process for Allocation of Rooms and Meals Proceeds: Members agreed to postpone this discussion until the July meeting. Mr. Magowan moved to postpone discussion of allocation of rooms & meals proceeds until the July Council meeting. Mr. Boucher seconded. Motion passed unanimously. 12. Consideration of Approval for ANR/DEC Application for Revolving Loan Funds re: Airport Parkway Wastewater Treatment Facility Upgrade; Authorize City Manager to Execute: Mr. Hafter said this is the authorization to apply for funds. The loan would be at 2% interest for 20 years. Mr. Magowan moved to approve the ANR/DEC application and to authorize the City Manager to execute the documents. Ms. Emery seconded. Motion passed unanimously. Mr. Forbes said they are in the process of finishing the design and hope to go to bid in early winter. Mr. Hafter advised that the City received a $250,000 co-generation grant. 13. Council Appointments to MPO and UVM Liaison Positions: Ms. Dooley said she was willing to serve as UVM Liaison. Members agreed to ask Mr. Gravelin to serve as the MPO representative. Mr. Audette has agreed to continue to serve on the Technical Advisory Committee. Ms. Emery agreed to replace Mr. Gravelin as Channel 17 representative, and Mr. Magowan agreed to serve as MPO alternate. Mr. Magowan move to appoint the following: Mr. Boucher seconded. Motion passed unanimously. 14. Review Agenda for Development Review Board meeting to be held on Tuesday, 17 June: No issues were raised. 15. Review and Approve Minutes from re-organization and regular City Council meetings held on 2 June 2008: It was noted that Mr. Boucher was sworn in at the re-organization meeting, not Mr. Magowan. Mr. Magowan moved to approve the Minutes of the re-organization meeting and regular City Council meeting of 2 June 2008 as written and amended. Mr. Boucher seconded. Motion passed unanimously. 16. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 16 JUNE 2008 PAGE 9 12. Consideration of Approval for ANR/DEC Application for Revolving Loan Funds re: Airport Parkway Wastewater Treatment Facility Upgrade; Authorize City Manager to Execute: Mr. Hafter said this is the authorization to apply for funds. The loan would be at 2% interest for 20 years. Mr. Magowan moved to approve the ANR/DEC application and to authorize the City Manager to execute the documents. Ms. Emery seconded. Motion passed unanimously. Mr. Forbes said they are in the process of finishing the design and hope to go to bid in early winter. Mr. Hafter advised that the City received a $250,000 co-generation grant. 13. Council Appointments to MPO and UVM Liaison Positions: Ms. Dooley said she was willing to serve as UVM Liaison. Members agreed to ask Mr. Gravelin to serve as the MPO representative. Mr. Audette has agreed to continue to serve on the Technical Advisory Committee. Ms. Emery agreed to replace Mr. Gravelin as Channel 17 representative, and Mr. Magowan agreed to serve as MPO alternate. Mr. Magowan move to appoint the following: Dennis Gravelin MPO Representative Steve Magowan Alternate MPO Representative Meaghan Emery Channel 17 Representative Sandra Dooley UVM Liaison Sonny Audette Technical Advisory Committee Mr. Boucher seconded. Motion passed unanimously. 14. Review Agenda for Development Review Board meeting to be held on Tuesday, 17 June: No issues were raised. 15. Review and Approve Minutes from re-organization and regular City Council meetings held on 2 June 2008: