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HomeMy WebLinkAboutMinutes - City Council - 04/04/2011CITY COUNCIL 4 APRIL 2011 Draft/Unapproved The South Burlington City Council held a regular meeting on Monday, 4 April 2011, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; P. Conner, Director of Planning & Zoning; J. Rabidoux, Director of Public Works; K. Murphy, City Manager’s Staff; Chief D. Brent and members of Fire Department and their families; R. Steven, T. Cairns, B. Stuono, M. Fowler, E. Spooner 1. Executive Session: Ms. Emery moved the Council meet in Executive Session to discuss personnel, contract negotiations and litigation. Mr. Knapp seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: The Council agreed to move item #4 to the top of the Agenda. 4. Resolution to honor Richard “Dick” Stevens for his years of service and dedication to the South Burlington Fire Department On­Call Staff: Chief Brent noted that Dick Stevens was a charter member of the South Burlington Fire Department and served more than 40 years, working for all 4 Fire Chiefs. Chief Brent described Mr. Stevens as reliable, community minded, and with an understanding of what is good. Ms. Dooley then read the Resolution honoring Mr Stevens. Mr. Stevens said that he grew up in Burlington but moved to South Burlington in 1964. He praised the city’s school system and the Fire Department members with whom he served. 2. Comments & Questions from the Audience not related to Agenda Items: Mr. Cairns, President of the Dorset Park Skating Association, said they are trying to combine the entrances to the 2 arenas so there will be a central entrance. He gave members the proposed plans and a proposed time-line for getting the work accomplished. They are now interviewing contractors with the hope to start construction in July. They want the work to be completed in time for a women’s national skating event. The Skating Association will be paying for all the work. Mr. Cairns asked that the Council allow the City Manager to sign the permit so that work can proceed. Ms. Dooley explained that the Council could not take action at this meeting because the item was not warned for the agenda. It can be on the next agenda. Mr. Cairns said he had been told that the permit could not be signed until the Association signed a new lease. He stressed the need to do the construction now so that it is finished by September when the schools begin to use the facility. He said they have applied to the DRB for a permit and will also need an Act 250 permit. Mr. Cairns stressed that they are very willing to discuss a new lease but asked that the 2 issues be separated. Mr. Miller suggested that city would be satisfied with a simple letter of agreement addressing some concerns. He noted that he had raised some issues with Mr. Cairns but had not yet had a response. Mr. Cairns said he is willing to discuss all the issues and was sure they could reach an agreement. He noted that they bring in rooms/meals money to the city (over 2000 rooms in 2010 and many more meals). He felt that to suggest they don’t pay their fair share was a mistake. Mr. Cairns indicated that he will be leaving Wednesday and will be gone till mid-May. He stressed his request that the city “decouple” the two issues. He also noted that are willing to pay the insurance but they have never been billed for it. 3. Announcements and City Manager’s Report: Ms. Dooley: Attended an institute for municipal officers put on by the VLCT in Rutland. Mr. Engels also attended. Will be meeting with the new Airport Manager, Scott Carr, on Wednesday along with the City Manager, Ms. Emery and Airport Commission representative Peter Plumeau. Mr. Miller: John Wilking has submitted his resignation from the Library Board. The position will be advertised along with other vacancies on that Board. The EPA has advised the City to submit two waiver requests regarding the APSTP blowers at the Airport Parkway Treatment Plan. This has been done. Will attend the VLCT Presidents and Board meeting on Wednesday. Will be issuing an RFP for payroll services this week. It may be possible to save money by outsourcing this. 5. Discussion on the Summer 2012 Paving Projects on US 2 and US 7: Mr. Rabidoux noted these are the areas they are getting calls about. Plans and specs have already been put together. The project will be similar to what occurred on Route 15 with most of the work being done at night. Mr. Fowler of Vtrans reviewed the background of the project. He noted that it is essentially a resurfacing with new pavement markings. They would like to start in mid-April/May of 2012. The project begins in Burlington at US 7 and goes to beyond Ace Hardware/Pete’s RV in South Burlington. The expectation is that it will take a minimum of 4-5 months work. Mr. Fowler said night work is critical to get the work done in a way that is tolerable. Preliminary plans will be available in the next month or so. Mr. Rabidoux noted that the city has done some street sweeping and plowing at night but never a large scale paving project. Mr. Rabidoux also noted that the work is 100% funded by the State with no local match. Mr. Fowler said that if the city opposes night work then changes its mind; there would be a cost to the city for the change order. Ms. Emery asked who handles safety. Mr. Fowler said that is between the contractor and the State. Ms. Greco asked about warranty. Mr. Fowler said before the work is done, there is some warranty for quality a year or 2 down the line, but even that is doubtful. 6. Consider Approval for a Resolution Amending the Sewage Fees pursuant to Article III, Section 6(e) of the City of South Burlington Sewerage and Stormwater Ordinance: Mr. Miller said this change represents a 3% increase in the connection fee. This is to keep up with the cost of living. Mr. Miller felt the 3% number would be pretty constant and will avoid large swings in rates. Ms. Emery moved to approve the Resolution amending Sewerage Fees as presented. Mr. Knapp seconded. Motion passed unanimously. 7. Consider Approval for a Resolution Establishing Fees for the Issuance of Truck Overweight Permits Pursuant to Title 23, Chapter 13, Section 1400a (d) of the Vermont State Statutes: Mr. Miller noted that the State allows the city to charge for overweight permits. The city has never done this in the past. He felt that even though the fee is very low ($4.00), the city might as well get this money. Ms. Emery moved to approve the Resolution Establishing Fees for the Issuance of Truck Overweight Permits as presented. Ms. Greco seconded. Motion passed unanimously. 8. Consider Approval to Apply to the Town Highway Class II Roadway Program Grant: Mr. Rabidoux explained that they have identified White Street as a good candidate for this grant. The project is in the FY2012 budget to pave the lower half of the road. The remainder of the road will be done in FY2013. The grant is a 2-year grant. Mr. Rabidoux noted that voters have already approved funding, so that money could be used elsewhere if the city gets the grant. Mr. Knapp moved to approve submission of the grant as described and to approve the annual financial plan to be signed over the next few days. Ms. Emery seconded. Motion passed unanimously. 9. Consider Ratifying an Application to the Vermont Humanities Council Grant: Mr. Miller noted there is a $450.00 match. $150 of this will come from the budget and $300 from the Friends of the Library. Ms. Emery moved to ratify the application as presented. Ms. Greco seconded. Motion passed unanimously. 10. Discuss and Authorize Purchase of a New Ambulance and Quint Fire Truck and Authorize the City Manager to Act as a Purchasing Agent to Negotiate and Execute a Contract on the City’s Behalf: Chief Brent reviewed the history of the vehicle replacement process and the paperwork for the two purchases. The ladder truck will be replaced with the Quint, and the Department will also get rid of a pumper. This will reduce the number of vehicles by 1. There is a 5-year funding plan. The Fire Department will also replace a 1997 ambulance that was bought used. The Department is in dire need of a new ambulance as the current one has had to be towed when it has broken down. The Department has also had to borrow an ambulance from the City of Burlington on occasion when neither South Burlington ambulance was roadworthy. Chief Brent noted that to expedite the process, the City Manager directed him to look into a negotiated purchase with the company the city has done business with satisfactorily in the past. He explained that it takes months to build these vehicles. No payment would be required upon placement of the order. The Department will agree not to exceed the price outlined in the budget. Mr. Miller noted that the faster the Quint can be delivered, the faster the city can achieve savings on staffing of vehicles. Mr. Engels moved to enter into negotiations with Pierce & Med/Tec to negotiate a price at the best interest of the community. Ms. Emery seconded. Motion passed unanimously. Chief Brent noted that the Fire Department staff is very involved in this process and has traveled to see these vehicles. The intent is to purchase what is best for them and for the community. Mr. Engels said that one highlight of Election Day for him was being able to talk with Firefighters who were out supporting the city budget. 11. Consider Approval of Contract to Assess City Center Projects and Associated Consulting Arrangements: Mr. Miller recommended hiring Andrew Legg at $50.00 an hour to report to the City Council on the status of the project. Mr. Legg estimates this will take about 40 hours work. Mr. Engels moved to approve the contract to assess City Center projects and consulting arrangements as presented. Ms. Greco seconded. Motion passed unanimously. 12. Appointment of Kelly Murphy as Town Service Officer: Mr. Miller noted that the city is required to fill this position. The Town Service Officer can put someone in need in touch with appropriate services. Mr. Knapp moved to appoint Kelly Murphy as Town Service Officer through 14 April 2012. Ms. Emery seconded. Motion passed unanimously. 13. Discuss the Possibility of Marketing and Selling the City Owned TDRs: Mr. Miller noted that a few months ago there was an inquiry to which he responded “maybe.” Since there was no process to sell TDRs, he asked staff to work up such a process. Mr. Conner reviewed the history of TDRs and noted that in the Southeast Quadrant (SEQ) there are 2 sub-districts with an overall maximum 1.2 per acre density. Beyond that, the city enacted a program that shifts development from “sending” to “receiving” areas. Mr. Conner showed these areas on the map. In a sending area, an property owner can build one unit with 15 acres and 3 units with more than 15 acres. Alternately, the owner could sell those rights to a receiving area. The purchaser of a TDR can build up to 4 or 8 units per acre. The sending area would be preserved in perpetuity. Mr. Conner then showed the Scott property which was acquired by the city and is located within a sending area. The city could market/sell the TDRs from that property (48 TDRs from 40 acres). Ms. Dooley said she was told there was an option to purchase those TDRs. Mr. Conner said he was told there was one bid but it wasn’t executed by either party. Mr. Miller said he would check to see if there is a legal option. Mr. Engels asked the value of the TDRs. Mr. Conner said it is substantial. Mr. Rusten said any discussion of value should take place in executive session. Mr. Conner said the city could option or sell the TDRs outright. Mr. Miller said this is an asset that the city has no use for itself. Ms. Dooley said she was told that if the city sells the TDRs and makes money, that money goes back into the Land Conservation Fund. Mr. Conner said he isn’t sure about that. Ms. Dooley asked whether any TDRs have been used in the SEQ. Mr. Conner said 2 houses in 2 different developments have been built. The Cider Mill 2 project uses TDRs, but they haven’t yet reached the point where they are needed. Mr. Conner also indicated one area on the map which could be either a sending or receiving area. The Council felt it was not ready to make a decision on how to handle these TDRs. Mr. Stuono asked why the Scott property was purchased. Mr. Conner said it was for natural qualities and wildlife corridors that the city felt worthy of conservation. The property includes a pond that is the headwaters of Shelburne Pond. Mr. Stuono asked if the city’s selling of its TDRs would devalue other TDRs. Mr. Conner said there is not an immediate market for sale or purchase. It could influence the shorter term purchase/sale, depending on the price, but over time that could balance out. Mr. Rusten said if the Council is interested in selling the TDRs as a possibility, he could do the research on it. Mr. Knapp said he would want to know where the money goes before making a decision. If it could help deal with deficit issues, he might have a different opinion. Mr. Engels said he didn’t want to sell TDRs. Ms. Greco agreed. Mr. Knapp asked if this property is subject to 1061 obligations. Mr. Miller said he would have to ask the City Attorney. Mr. Kay questioned whether the City might be interested in acquiring other TDRs to conserve other property. Mr. Miller said it is unclear whether the city could use Open Space money for this. Ms Greco said she would be interested if there is money to do so. 14. Consider Authorizing Financing of the City’s Unfunded Pension Liability of Up to $8,200,000 with the Necessary Paperwork to be Executed by the City Manager: Mr. Miller said the city got a proposal from Merchants Bank at 5.12% for years 1-7. This would save $90,000-110,000 a year. The first payment would be due on 15 June 1012. All proceeds would go into the Pension Trust Fund. This would transfer the unfunded obligation to a city debt. Mr. Engels moved to borrow up to $8,200,000 from the Merchants Bank to finance the city’s unfunded pension liability with paperwork to be executed by the City Manager. Mr. Miller said that no borrowing would take place above the actuary’s recommended funding level. There would be no borrowing until there is confirmation that this borrowing is allowable. Mr. Knapp noted that this commits the City Council to include $665,000 annually in the city budget for 7 years. He said it will also affect the city’s ability to borrow in the future. Mr. Engels asked if options other than borrowing were considered. Mr. Miller said the Bond Bank and other lenders were not interested. Other options for funding in the budget were at higher interest rates. Mr. Knapp noted the city would not be able to pre-pay this bond without a penalty. Mr. Spooner said he was happy to see the city moving in the right direction. He indicated willingness to work with the city to make this fair and equitable for all. Ms. Engels moved to authorize financing of the City’s Unfunded Pension Liability of Up to $8,200,000 with the Merchants Bank as presented with paperwork to be executed by the City Manager. Ms. Greco seconded. Motion passed unanimously. 15. Consider Authorizing interim borrowing up to $2,500,000 to finance South Burlington Airport Parkway Waste Treatment Upgrade and Expansion with all Necessary Paperwork to be executed by the City Manager: Mr. Miller explained that they went to bid on this, and the recommendation is to enter into a line of credit with Merchants Bank. Mr. Miller said he was fairly certain the city wouldn’t need the full amount before it receives permanent funding. He added that there is a possibility the city won’t need any borrowing at all. Payback would be within a year. Mr. Engels moved to authorize interim borrowing with the Merchant’s Bank for up to $2,500,000 utilizing the best option with paperwork to be executed by the City Manager. Ms. Emery seconded. Motion passed unanimously. 16. Consider authorizing refinancing a grant anticipation note in the amount of $348,000 for a stormwater mitigation project with all necessary paperwork to be executed by the City Manager: Ms .Murphy explained that this is an EPA demonstration grant. Refinancing results in a .3% interest rate savings with the Merchants Bank. Ms. Emery moved to authorize refinancing a grant anticipation note in the amount of $348,000 with the Merchants Bank as presented with paperwork to be executed by the City Manager. Mr. Knapp seconded. Motion passed unanimously. 17. Consider approval of Entertainment License Applications for: a. North American Breweries b. Magic Hat c. Sheraton Burlington Hotel d. Higher Ground Ms. Emery moved to approve the Entertainment License Applications as presented. Mr. Knapp seconded. Motion passed unanimously. 18. Review and Approve Minutes of Special Meeting held 25 January 2011, Organizational Meeting held March 7 and 9, 2011, and Regular Meeting held March 21, 2011: It was noted that on p.2 of the 25 January minutes, in the middle paragraph, the figure $2,5M should read $2.5M. Mr. Knapp moved to approve Minutes of 25 January, 7 and 9 March, and 21 March as written and/or amended. Ms. Emery seconded. Motion passed unanimously. 19. Sign Disbursement Orders: Disbursement Orders were signed. 20. Liquor Control Board: Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Knapp seconded. Motion passed unanimously. Mr. Miller presented Liquor and Tobacco License applications from the following: Cheesetraders Lakeview Bar & Grill/Lakeview House Klinger’s Sheraton VT Group Zachary’s Pizza Shaw’s Beer & Wine Waterfront Catering Short Stop #104 (1830 Shelburne Rd.) Silver Palace Short Stop #105 (1314 Williston Rd.) Price Chopper Pizza Hut Pauline’s Café & Restaurant Olive Garden Higher Ground Hannaford Food & Drug (217 Dorset St.) Gonzo’s Indoor Golf Eagles Club #793 Chicken Charlie’s Walgreen’s Usave Beverage Maplefield’s (811 Williston Rd.) Independent Brewers/Magic Hat Ms. Emery moved to approve all Liquor and Tobacco License applications with the exception of Kilingers which will be approved separately. Mr. Knapp seconded. Motion passed unanimously. Ms. Greco recused herself from voting on the Klingers application due to a potential conflict of interest. Ms. Emery moved to approve the Liquor and Tobacco License application for Klingers. Mr. Knapp seconded. Motion passed 4-0. Ms. Emery moved to reconvene as City Council. Ms. Greco seconded. Motion passed unanimously. 21. Other Business: Mr. Miller noted that the city is sending in an application for accessibility improvements to City Hall. This needs to be in before the next meeting. He will bring the item for ratification on 19 April. If the Council doesn’t approve it, the application can be withdrawn. Ms. Dooley noted there is interest on the part of some Council members to find out about interim zoning and what it involves. Mr. Miller said staff can provide this on 19 April, including what might result as consequences. 22. Executive Session: Mr. Knapp moved that the Council meet in executive session to discuss real property negotiations, premature revelation of which could be prejudicial to the city, and to resume regular session only for the purpose of adjournment. Ms. Emery seconded. Motion passed unanimously. 23. Regular Session: The Council returned to regular session. Ms. Emery moved adjournment. Mr. Knapp seconded. The motion passed unanimously. The council adjourned at 9:30pm ______________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.