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HomeMy WebLinkAboutMinutes - City Council - 10/04/2010CITY COUNCIL 4 OCTOBER 2010 The South Burlington City Council held a regular meeting on Monday, 4. October 2010, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: S. Miller, City Manager; J. Rabidoux, Public Works Director; K. Murphy, P. Plumeau, M. Young, B. Stuono, Rep. M. Kupersmith, E. Simesky, C. Baker, J. Carr, M. Boomhower 1. Comments & Questions from the Audience, not related to agenda items: Mr. Young said he saw an ad for an administrative assistant to the Police Chief. He asked if this is a new hire. Mr. Miller said it is a replacement. 2. Announcements/City Manager’s Report: Ms. Dooley: There is no date set for the meeting regarding Exit 12B due to a death in the family of the Director of Planning & Zoning. Mr. Boucher: Noted receipt of an article in the mail from Ted Reihle regarding what New Jersey is doing re: pension issues. Mr. Miller: The new Assistant City Manager, Bob Ruskin, met with some of the staff last week. He will attend the VMERS meeting with Mr. Miller Members of the Auditor Search Committee met last week. They will be interviewing candidates this week. An appointment will be made no later than 1 November. The MPO is now requiring the City Manager’s signature on grant applications. The grand opening of the Dog Park will be on 9 October, 10 a.m.-2 p.m. The ribbon cutting will be at 11 a.m. 3. Report on Actions Taken, 9/20 & 9/27 City Meetings: Mr. Boucher advised that on 20 September, the Council agreed to file an ethics charge against the former city manager. A letter was sent to ICMA to this effect. A response was received today in which ICMA said it cannot conduct a review because Mr. Hafter resigned from the ICMA before the complaint was filed. He would not be allowed to rejoin ICMA while the complaint is outstanding. However, with Mr. Hafter’s agreement, a review can be done. Ms. Emery said she felt it is a normal requirement of a City Manager to inform and debrief the City Council regarding funding issues. The Council felt his failure to do so was injurious to city employees and the public trust. The goal is to have the Council receive more information before making decisions. Mr. Simesky said he felt it was disingenuous to put this entire problem onto Mr. Hafter. Mr. Boucher said the Council’s goal was to have an independent review of the situation. He added that a “trust was violated.” Mr. Boucher also noted that at the same meeting, the Council made appointments to city boards, committees and commissions as follows: Correctional Facility Liaison Committee: Sally Fox Rep. Helen Head William Tentmaker (alternate) Development Review Board: Michael Sirotkin Library Board: Jay Pasackow Susan Rusnak Natural Resources Committee: Marie Ambusk Planning Commission: Ted Riehle Recreation/Leisure Arts Committee: Jennifer Kochman Elizabeth Robitaille Edie Robenstein Recreation Path Committee: Rick Hubbard Lou Bresee Roy Neuer Duncan Adamson Red Rocks Park Committee: Lisa Yankowski Mr. Boucher then noted that at the 27 September Special Session, members discussed VMERS and what the city would do for new employees. The City has applied to join VMERS for some non-union, non-public safety employees. Mr. Miller said that under the current plan, it would cost the city 22.5% for these employees and under VMERS, the cost would be 9.5%. He added that the savings depends on how many employees the citycan get into the VMERs system. For every $100,000 of pension payroll, the city will save $13,000 this year. It is expected to be even more next year. Mr. Young asked whether older employees can join the VMERS plan. Mr. Miller said it gets complicated to calculate savings for older employees. He said the city first wants to get a foot in the VMERS door and then eventually look at “chunks of employees” for as long as it still makes sense. 4. Appointment of CCMPO Representative: Mr. Murray moved to appoint Ms. Dooley as CCMPO Representative and to review the appointment after 6 months. Ms. Emery seconded. Motion passed unanimously. 5. Resolution establishing a policy requiring financial firms to present findings to the City Council: Mr. Boucher read the Resolution. He noted that there was previously no requirement for this to happen. Mr. Murray moved to approve the Resolution as presented. Ms. Dooley seconded. Motion passed unanimously. 6. Approval of Resolution allowing for the Requisition of Funds for Two Municipal Planning Grants: Mr. Miller noted that the city has to submit the names of the new City Manager and Assistant City Manager so it can draw down money from these grants. Mr. Knapp moved to approve the Resolution as presented. Mr. Murray seconded. Motion passed unanimously. 7. Airport Update: Mr. Miller advised that there was discussion with the Airport regarding the amount of testing in connection with the living wall and with certain homes that will be taken down. There appears to be some mis-communication, and the airport had originally decided to go ahead with 5 days of testing before and after the installation of the wall and the removal of homes. I don't believe that there was written agreement-no contract was signed. The Airport said they believed they were agreeing to 5 days of testing before and after whereas Councilors and all but one city employee believed they were agreeing to 10 days of testing before and after. After discussion, the Airport agreed to increase testing to 10 days before and 10 days after. Mr. Boucher explained that the testing couldn’t be done during the summer because the F­16s were not in the area. The city wants to know of any increase in noise to the rest of the neighborhood when homes that the Airport buys are taken down. He added that it doesn’t make sense to have a noise mitigation program that increases noise to the rest of the community. Ms. Emery said there are community members who will have questions. She said she needs to know how information will be presented before she gives her blessing. Mr. Murray noted that George Maille is knowledgeable in the field and he would like to get his opinion as well. Mr. Knapp said it would be good to have the consultants present when the report is presented to the City Council. Mr. Plumeau said he was told that once everything is in line, there won’t be a piecemeal demolition. Everything the Airport owns will go down at once and that neighbors will be notified. Mr. Young said he was concerned with “random sampling” and the possibility that the F­16’s would be missed in the sampling. He felt there should be a test done during their operation period. Mr. Knapp suggested using “statistically valid” instead of “random.” On other Airport concerns, Mr. Plumeau said there is no clue yet regarding Air Tran/Southwest. Mr. Stuono noted that the Planning Commission does not want to look into Exit 14N unless it is in the Airport long-range plan. Mr. Plumeau said it is a concept in the current Master Plan, but it hasn’t gone beyond that. There is no funding and no commitment for it. It is part of the overall 12B, 13, 14 consideration. He suggested a presentation of the Airport Master Plan to the City Council. 8. Stormwater Permit Takeover in Stormwater Impaired Watershed at Winding Brook: Mr. Rabidoux said this request is consistent with the funding resolution of the storm water utility. He explained that Winding Brook chose, at their own risk, to make improvements needed to be able to get a permit. They have gotten the permit which justified their expenses. He recommended that the city accept conveyance of this system and noted that the city is currently operating the system. There would be no additional cost and no additional liability. It also will not take away resources from other areas of the city. Mr. Murray asked what the benefits are to Winding Brook. Mr. Rabidoux said having the permit allows them to transfer property, refinance mortgages, etc. Mr. Knapp reviewed the history of storm water issues/permits in the state. Mr. Burkett of Winding Brook said the homeowners wanted this, especially since real estate people wouldn’t show property because the storm water situation was so complicated. Mr. Boucher said he had 2 questions. First, is there enough clarity of state standards so the city wouldn’t be taking on the obligation to bring them to a new standard? Secondly, there is a question of what this would do to staffing. He questioned whether the city is charging enough in fees to support taking over a number of systems. Mr. Rabidoux said it would be a relatively easy exercise to figure out staffing. Mr. Miller said the big issue that will allow the city to accept these systems in the future is the negotiation with the homeowner’s associations. Ms. Dooley moved to adopt the resolution as presented subject to final approval between the Homeowner’s Association and the city. Ms. Emery seconded. After some discussion, the motion was withdrawn and member agreed to table the request to a future meeting to allow Winding Brook to work with the city staff to come up with an agreement. 9. Discussion of a Potential Merger of the CCMPO and CCRPC: Mr. Miller said the question is whether the City Council is willing to support such a merger. Mr. Barker then reviewed the proposed time-line. Ms. Boomhower said the 2 organizations co-located a few years ago and have consolidated some administrative responsibilities. They have held joint Executive Committee meetings as well. All of these have resulted in cost savings. From a dues perspective, they are prepared to offer “flat dues” for the next 3 years. Benefits of the merger would include integrated land use planning. A full training program would be provided as members come in. Mr. Carr added that things can be done more effectively at the committee level than at the board level. Some of the issues yet to be addressed include voting vs. non-voting members, federal vs. state affiliation, etc. Mr. Murray asked if there is any idea of future savings. Ms. Boomhower cited human resources management, audits, combined oversight, possible staff attrition, etc. Mr. Miller asked if is there will be a future request for a formal vote by the municipalities. All 3 representatives said there will. They also said the city would be informed if there are other concerns expressed by other communities. Mr. Rabidoux said the most important thing is to be able to deliver a better product to the municipalities; if there are residual savings benefits, so much the better. Ms. Boomhower and Mr. Baker gave Council members information on activities of both organizations this year. 10. Consideration of Entertainment Permit: Nightmare VT/South Burlington Rotary Club, 10/21, 22, 23, 28, 29 30, Picard Circle: Mr. Miller noted the Fire Marshall’s concerns and concerns with parking from other departments. Mr. Murray moved to approve the entertainment permit for Nightmare VT subject to the applicant complying with conditions outlined on p.2 of the Fire Marshall’s memo of 29 September 2010, and acknowledgment that the Airport is aware of this event. Mr. Knapp seconded. Motion passed unanimously. 11. Review and Approve Minutes of 20 September 2010: Ms. Dooley provided the exact wording of her motion regarding Exit 12B as follows: To that end, I would move that two Councilors from among Councilor Murray, Councilor Emery and yours truly (since we’re the ones in support of this) work through the City Manager with staff to set a date for a meeting and organize a meeting that would be at least the first step in a process to examine this public policy position. Mr. Murray moved to approve the Minutes of 20 September 2010 as amended above. Mr. Knapp seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Liquor Control Board: Mr. Murray moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. Mr. Miller presented a liquor license request for Maplefields, 811 Williston Road, and said that approval should be contingent on a fire inspection of the building when it is constructed. Mr. Murray moved to approve the Liquor License request for Maplefields contingent upon fire inspection of the building when it is constructed. Mr. Knapp seconded. Motion passed unanimously. 14. Executive Session: Ms. Dooley moved that the Board adjourn and reconvene as City Council in executive session to discuss personnel issues, contracts, and potential litigation and to resume regular session only to adjourn. Mr. Murray seconded. Motion passed unanimously. 15. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. _______________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.