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HomeMy WebLinkAboutMinutes - City Council - 04/19/2011CITY COUNCIL 19 APRIL 2011 The South Burlington City Council held a regular meeting on Tuesday, 19 April 2011, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: S. Dooley, Chair; J. Knapp, P. Engels Also Present: S Milller, City Manager; R Rusten, Assistant City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; K. Murphy, City Manager’s Staff; J. Rabidoux, Public Works Superintendent; T Hubbard, Director of Recreation; M. Beaudin, Planning Commission; M. Boomhower, C. Baker, J. Zaetz 1. Executive Session: Mr. Knapp moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: 2. Comments & Questions from the Audience, not related to agenda items: Mr. Zaetz said he would like to propose a Charter change that would eliminate the CPI index from the amount to be raised by taxes. He asked that this proposed change be brought to the City Charter Committee and that he be informed of their decision. 3. Announcements & City Manager’s Report: Mr. Engels: Attended program put on by UVM Extension Services for city Council members and city employees. Ms. Dooley: Along with Ms. Emery, and Mr. Miller, met with the candidate for Airport Manager. Mr. Miller: The City is in the process of terminating the agreement with Vermont Gas which includes a flat fee for excavation. A Triathlon event will be held this year and will be bringing world-class athletes to the area. A substantial part of the race will go through South Burlington. Bill Cimonetti is heading up the event. Along with Mr. Rusten, attended a legislative summit last week. South Burlington has been designated a “Tree City, USA” for the third year in a row thanks to the efforts of Craig Lambert, Justin Rabidoux, Paul Conner & Cathy LaRose. Will be attending the VLCT Health Trust meeting on Thursday. The City is changing how payroll is done. They went to bid for purchased services and received a bid of $10,800/year. This will allow a reduction of staff by at least ½ a position and will result in a savings of as much as $50,000/year. The Board of Civil Authority and Board of Adjustment will meet prior to the special City Council meeting on 25 April. The agenda for that special meeting will be posted in the next few days. The FY10 audit will be available on line to the public. 4. Consider Approval for a Resolution in Support of the Merger of the Chittenden County Regional Planning Commission and Chittenden County Metropolitan Planning Organization: Mr. Baker advised that their Board voted to ask for municipal support for the merger. He estimated about a year of transition time. Ms. Dooley noted that she has been participating in the process since October and that the 2 organizations are already working together. Mr. Knapp asked about voting based on population. Mr. Baker said that is roughly the idea, but nothing is set on that as yet. Ms Boomhower added that they are not opening the current census information because they would first like to get the finalized results of the urbanized area demarcation. The organization may also expand into Franklin County. There have also been recent requests to re-open the voting issue. CCTA has asked to be considered for membership as well. Ms Boomhower said they will re-open the by-laws in 12-18 months with thoughtful dialogue. Mr. Miller noted that as of now there is a one municipality/one vote policy for Regional Planning Commission issues and a weighted voting process to MPO issues. Ms. Boomhower added that only municipalities will be voting on approvals of town plans. Mr. Knapp moved to adopt the Resolution in support of the merger of the Chittenden County Regional Planning Commission and the Chittenden County Metropolitan Planning Organization as presented. Mr. Engels seconded. Motion passed unanimously. 5. Consider Approval for a Resolution Adopting the Chittenden County Multi-Jurisdictional All-Hazards Mitigation Plan & Annex 14 (South Burlington’s All­Hazards Mitigation Plan): Mr. Baker said the resolution looks at hazards in the County and City, emergency management, etc. It was reviewed with Department Heads, etc., and confirms activities already being undertaken. Mr. Knapp asked if this is included in the Comprehensive Plan. Mr. Conner said the draft of the Comprehensive Plan does have a section on Emergency Management which references this plan for additional details. Mr. Knapp also asked if the number of police and firefighters is correct and whether that matters. Mr. Baker said ti was correct at the time, and that’s OK. Mr. Miller said there is no requirement to meet those numbers. Ms. Dooley noted that on p. 20 there is a reference to two “public attractions/landmark buildings” and asked where they are. Mr. Conner said he assumed these are the municipal buildings. Mr. Miller said they are not specifically identified so as not to draw attention of “bad guys” to them. Mr. Engels asked about including the South Burlington section of Lake Champlain on the maps. Mr. Knapp moved to adopt the Chittenden County Multi-Jurisdictional All-Hazards Mitigation Plan and Annex 14 as presented with all exhibits and attachments. Mr Engels seconded. Motion passed unanimously. Mr. Baker noted that Mr. Miller is co-chairing the Regional Sustainability Project, and there will be an action item on that soon. Mr. Miller said it will be on the 16 May agenda. 6. Consider Ratifying Application to Voting Access for Individuals with Disabilities Grant: Ms. Kinville advised that they had made the deadline for submission of the application. All the money would be paid up front with no local match. Funds would be used to provide handicapped access to City Hall, including a pushbutton door opener. Mr. Miller thanked Ms. Kinville for identifying this source of funding and felt it is a very sensible plan. Ms. Kinville also noted that at the upcoming BCA meeting, there will be discussion on the possibility of moving voting from the school across the street to City Hall (which is actually within the district). Mr. Engels moved to ratify the application for Voting Access for Individuals with Disabilities Grant as presented. Mr. Knapp seconded. Motion passed unanimously. 7. First Reading of Proposed Amendment to the South Burlington Peddler’s Ordinance; schedule public hearing for same: Mr. Conner noted there was very positive feedback to last year’s amendment allowing Farmers Markets in the city. The one awkward part of the regulations relates to sign size and length of time a sign can be up. The Planning Commission is recommending allowing up to a 32 sq. ft. sign which can be up 2 full days prior to a Farmer’s Market event. Mr. Knapp moved to waive the first reading of the proposed amendment. Mr. Engels seconded. Motion passed unanimously. Mr. Knapp moved to set a public hearing for 16 May 2011. Mr. Engels seconded. Motion passed unanimously. 8. Consideration of Approval of Technical Correction to the Planning and Zoning Fee Schedule: Mr. Conner said there are 4 proposed technical corrections: A. Clarifying when fees apply to a new construction vs. an addition B. Clarifying the procedure for request for reduction in fees (the City Manager has the ultimate and independent decision making power) C. Clarifying that the “after the fact” fee is required for both administrative and DRB review D. Clarifying that the peddler’s fee is a monthly fee (with a small discount for an annual permit). Mr. Knapp moved to approve the technical corrections to Planning & Zoning Fees as presented, effective immediately. Mr. Engels seconded. Motion passed unanimously. 9. Consider Approval of Allocation of Social Services Funding: Mr. Knapp revealed that 2 of the groups on the list are clients of his. Members were OK with him voting on this item. Mr. Rusten noted that the city received requests for $45,275.55 but had budgeted for only $39,100.00. The Committee recommended eliminating the “special needs” funding and rounding down most of the other requests. They also recommended adding funding for PACT. Ms. Dooley noted that preference is given to organizations serving South Burlington residents. Mr. Miller reminded the Council that this is FY’11 funding. There will be a further “rounding down” for FY’12 funding. Mr. Engels moved to approve allocation of Social Services Funding as presented for FY’11. Ms. Dooley seconded. Motion passed unanimously. 10. Review Changes to the Grant Request Form regarding approval of grants: Mr. Rusten noted the changes to wording. Mr. Knapp moved to approve the Grant Request Form as presented. Mr. Engels seconded. Motion passed unanimously. 11. Update on Financial Status with the General Fund & Enterprise Funds: Mr. Rusten said it is still difficult to project where things will wind up. He is still anticipating at $300,000 deficit in the General Fund, a 0-$100,000 deficit in the Ambulance Fund, a 0-$100,000 deficit in the WPC Fund and a $100,000-$200,000 deficit in th Stormwater Fund. He stressed that the problems are with revenues, not with expenditures. Mr. Rusten noted that many of these problems have been addressed in the FY’12 budget. Ms Dooley asked if liability insurances are put out to bid. Mr. Miller said they could be but that is not his recommendation. The city has been very satisfied with the product they are currently getting. He noted that they will go to bid this year for health insurance. Mr. Miller then explained how insurances work through VLCT’s Passive Board the trust systems. Mr. Miller also noted that this is the first time the City Council has received such a monthly financial report. He explained the future use of an “encumbrance” model. This will require having a city-wide purchase order system, which will be in place before the next budget cycle. 12. Discussion of Lease Terms and Improvement of Cairns Arena: Mr. Knapp disclosed that he had received permission to disclose that Tony Cairns and Champlain Oil were clients of his 10 years ago. Mr. Rusten reviewed the history of the building of the 2 skating rinks. He noted that the City owns the facilities and is responsible for maintenance of the buildings, grounds, etc. The skating association pays $1.00 rental per year. Mr. Rusten noted that there is a proposal to build a new entrance-way to the rinks, and that in order to build anything that costs over $200,000, City Council approval is needed. As part of the existing contract, the skating association is supposed to be reimbursing the city for insurance. This has not been done for 15 years. Mr. Rusten noted that a meeting was held with their Board members to review city issues. They were asked to make a proposal to the city as to how to address these issues. They did not, so the city submitted a proposal to them. A meeting was held with a few of their Board members yesterday. They wanted to move ahead with the lease and are willing to discuss reimbursing the city for some expenses. They did not appear willing to address other issues. The Board has asked that the lease issues and building renovation issues not be “coupled.” The city has raised the question of what happens at the end of the lease, specifically who would own the equipment, etc. They said the city would. Mr. Miller recommended the following: helping them move forward on the renovation and also having further discussion. He added that he can sign the DRB and Act 250 applications with the proviso that the skating people meet with the city at least 5 times in the next few months to discuss other issues. Any agreement would be ratified by their Board and the City Council. Mr. Miller stressed the concern with the city potentially inheriting an aged facility without the finances to handle it. He added that if the skating association doesn’t negotiate in good faith, the city would not consent to other approvals regarding the renovation project. Mr. Rusten stressed that this is not a criticism of the Association. Mr. Miller added that they have done an excellent job of managing the facility. He also commended Tom Hubbard for trying to bridge the communications gap. Mr. Miller noted that the city has asked for more representation of the Association’s Board. Mr. Miller then reviewed the 13 points that the city raised with the Association, including the request for an additional $175,000 additional rent payment this year ($30,000 of which would be used for a fund for repairs, etc., and about $60,000 to cover past insurances), A 3% annual increase in rent, more preferred time for public skating at half the cost of ice time, advance notice of the need for overflow parking, 3 City Council appointed Board members, 3 City Manager appointed Board members; response to reasonable requests for information from the city, and a lease that can be opened at any time. Mr. Knapp said he would like more information on their request regarding bonding. Mr. Miller stressed that the City Recreation Department does not run the skating facility. The City Council agreed to proceed as outlined. 13. Consider Approval of Entertainment License Applications for: 1. Lund Family Center 2. Carrie Premsagar Fund 3. Community Bible Church 4. South Burlington Youth Baseball Mr. Miller said all applications are in order. Mr. Engels moved to approve the Entertainments License Applications as presented. Mr. Knapp seconded. Motion passed unanimously. 14. Review and Approve Minutes of 4 April 2011: The following amendments were recommended: p. 1 - inclusion of the motion to approve the Resolution honoring Firefighter Dick Stevens p. 2 ­ identifying the Airport Manager as “General Manager Designee” p. 3 - regarding the paving project: asking for future advice regarding night work p. 7 ­ indicating that it was the sense of the Council not to sell TDR’s but asking staff to explore options. Also a request for the source of funding used to purchase the Scott property ans any obligation to refund money. P. 7 - elimination of duplicate motion. Members agreed to table the approval of minutes to get input for the absent Councilors. 15. Sign Disbursement Orders: Disbursement orders were signed. 16. Liquor Control Board: Mr. Knapp moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. Mr. Miller presented Liquor and Tobacco license requests from the following: MT Bellies Deli Vermont Sportsgrill Vermont National CC Aviation Deli & Fine Foods Zen Garden Champlain School Apts Partnership Vermont Indoor Golf The Pour House Pulcinella’s Marco’s Pizza Champlain Farms (801 Williston Rd) Mr. Miller asked that Pulcinella’s be eliminated from the list as their fee has not yet been paid. Mr. Knapp said he had a conflict of interest with Champlain Farms, so that was also pulled from the list and will have to be approved at the next meeting. Mr. Engels moved to approve the Liquor and Tobacco license requests with the exception of Pulcinella’s and Champlain Farms (801 Williston Rd.). Mr. Knapp seconded. Motion passed unanimously., As there was no further business to come before the Council, the meeting was adjourned at 9:00 p.m. ______________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.