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HomeMy WebLinkAboutMinutes - City Council - 08/15/2011CITY COUNCIL 15 AUGUST 2011 The South Burlington City Council held a regular meeting on Monday, 15 August 2011, at 6:30 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; K. Murphy, City Manager’s Staff; J. Rabidoux, Public Works Director; M. Boucher, B. Stuono, M. Young, J. Connelly, J. Briggs, J. McNeil, B. Fletcher 1. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation. Ms. Greco seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Members agreed to delay the meeting attendance guidelines item until a response is received from the DRB. Mr. Miller advised that there may be an appointment to make following an executive session. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements & City Manager’s Report: Ms. Greco: Met with residents at Grand Way who have concerns regarding traffic and crime in their area. Incidents such as speeding, gas siphoning, vagrants, etc., have been observed. Mr. Miller said he had forwarded this information to the Police Chief who will be setting up a meeting with residents and stepping up patrols. Ms. Greco said there is also concern with the 3-way stop. Ms. Dooley asked about the need for a 3-way stop. Mr. Rabidoux said that the plan is for rapid-blinking pedestrian crossing lights in the area which will add visibility for drivers. This is being held up by a state funding process. Mr. Miller explained the process for changing a stop sign, including a public hearing to amend the Ordinance. Ms. Emery suggested Mr. Rabidoux come back with a visual to show what the blinking lights will look like. Mr. Miller noted that the “mentality” of traffic planners is to move traffic through as quickly as possible, this is not always the safest way, especially when pedestrians are concerned. Mr. Engels: Went to the gardeners meeting with National Gardening last week. NGA has regular meetings with area gardeners. Ms. Dooley: Noted that the recently merged Regional Planning Commission and Metropolitan Planning Organization are looking for a name/brand. All ideas will be welcome. Mr. Miller: City offices will be closed tomorrow (16 August) in observance of Bennington Battle Day. Some staff will still be working. Attended the Health Trust meeting last week. The next City Council meeting (6 September) conflicts with the DRB meeting. The Council meeting may be moved to a different location. Reminded people that the Triathlon will be held this weekend and will involve road closings and traffic diversion. Mr. Miller invited Joe Connelly of Run Vermont to review what will take place. Mr. Connelly said the race course has been designed so as to leave as many roads open as possible. Bicycles will always be on the right side of the road, and the other side of the road will always be open. There may be delays getting out of driveways on upper Spear St. and lower Dorset St. Dorset St. will be closed from 8-10 a.m. and 1-2 p.m., and I-189 will be closed in both directions. Mr. Miller stressed the need to get accurate information onto Front Porch Forum. He also stressed that emergency vehicles will have precedence at all times. Police Lt. Goslin said that when there are breaks between groups of bikers, officers can let some traffic move through. Mr. Connelly clarified the I-189 closure to indicate that westbound traffic will not be affected. Eastbound lanes will be closed from 8 a.m.-2:30 p.m. Big message boards went up today with the information. Mr. Miller noted that the Triathlon is a significant event that will generate a lot of income for the city. He thanked Run Vermont for a collaborative effort. Lt. Goslin added that this is a multi-jurisdictional event involving local communities, the Coast Guard, etc. Mr. Miller: Attended a meeting with Paul Conner and Chairs and Vice Chairs of the Council and Planning Commission regarding outreach for the Comprehensive Plan update. 4. Discuss a due process concerning Eligibility for Retirement, Long Term Care Benefits, and Home Equity Repayment to the City of South Burlington re: Former City Manager: Mr. Miller reviewed the history of this item. He noted there has been a request from Mr. Hafter’s attorney to hold a meeting in executive session. He asked if the Council wanted to make such a motion. No motion was made, and members indicated they wanted any discussion to be in open session. Mr. McNeil, attorney for the City in this matter, said he was told that the only way Mr. Hafter would participate in such a meeting was in executive session. The Council has now exercised its right not to do that. He suggested the Council pick a time to deliberate regarding the benefit claims and make a recommendation. Mr. McNeil added that he will communicate the Council’s position to Mr. Hafter’s attorney. Members agreed to put this item on the 6 September agenda. Mr. Young asked if the city has gotten any payment from Mr. Hafter on the Home Equity Loan. Mr. Miller said it has not. Mr. Miller then reviewed the agreement that had been made with Mr. Hafter. It included a no-interest loan provided by the city ($40,000), 32.65% of the purchase price of his home with the provision that the city would get 32.6% of any increased value of the home as the result of a new appraisal. Mr. Miller noted that $15,000 of the loan was paid back and the previous Council “forgave” the remaining $25,000. Based on the current equity of the home from the time it was purchased, $53,578.65 would be due to the city. Mr. Briggs asked about “long term care benefits.” Mr. McNeil said there is a question as to who is responsible for the premium payments. The city has paid the premiums to date. The question is whether there was a contract or lawful obligation agreed upon for the city to make those payments and whether the city should continue to do so. Mr. Miller noted that $61,417.00 has been paid by the city since 2004. Mr. McNeil noted there is also a question regarding pension payments, specifically whether there was an entitlement for Mr. Hafter to be enrolled in 2 programs as opposed to one program. 5. Discussion of Pending Litigation Concerning Kennedy Drive: Mr. Miller noted there has been litigation regarding the project to reconstruct Kennedy Drive. He introduced Bob Fletcher, who has been representing the city in this matter. Mr. Fletcher said that he now has a recommendation for resolution of the litigation. He then reviewed the specifics of the litigation: The contractor (Munson) filed claims against the project in the amount of $4,340,000 plus interest and attorney fees. All of these claims worked their way into litigation. Munson had asked for all of the paperwork regarding the project, which the city provided. Munson was not satisfied with this and filed suit to compel the city to provide documents and attorney fees. The city has been defending itself in all of these instances. The negotiated resolution will involve payment to Munson of $675,000 (10% of which will come from the city and the balance from the federal and state governments who financed 90% of the project). With this payment, all litigation will stop. The city has reserved the right to bring action against Munson should any work on the project be found to be faulty. Parties will each pay their own legal fees, etc. The city’s fees will come from the project funds. Mr. Knapp moved to approve the settlement with Munson as outlined and to authorize the City Manager to exercise this settlement on behalf of the city. Ms. Emery seconded. Motion passed unanimously. 6. Consideration of 2011 PACIF Equipment Grant Program: Mr. Miller noted this is an annual grant that municipalities can apply for to reduce injuries and provide for workplace safety. The application is for $5,000. Ms. Emery moved to approve submission for the 2011 PACIF Equipment Grant in the amount of $5000. Mr. Engels seconded. Motion passed unanimously. 7. Consider approval of Ashgate Publishers Grant for the Library: Mr. Miller said the grant is in the amount of $417.00 and will be used to purchase kindles. Ms. Greco moved to authorize submission of the grant application for the Library as presented. Mr. Engels seconded. Motion passed unanimously. 8. Review and Comment on the Draft Goal Statement from the ECOS Project provided from the CCRPC: Mr. Miller said this is a very broad-based project that represents an effort to do a planning project under one umbrella. Hundreds of goals were submitted and feedback is being sought. Ms. Greco indicated her eagerness to be part of this project. She suggested adding the promotion of small farms to produce enough food for this area. 9. Consider approval of Broker of Record Agreement for Health Insurance: Mr. Miller said that meetings were held with the Benefits Committee when the Health Trust announced it was changing its business model so that instead of offering unique products, it will now go out on the market place and act like any other broker for other products. Mr. Miller said the best action seems to be to go with the Health Trust to provide brokerage services. They would get a 2% commission. Mr. Rusten explained the Benefits Committee process. The Committee is comprised of representatives from the 4 bargaining units and some members of management. He noted that there were discussions with 2 brokers, each of whom made a presentation to the Committee. The decision to go with the Health Trust was not unanimous, but they were the least expensive. Ms. Emery moved to authorize the City Manager to enter into a broker of record agreement with the VLCT Health Trust. Mr. Knapp seconded. Motion passed unanimously. 10. Postponed per above discussion. 11. Review and Approve Minutes of 8 July, 27 July and 28 July: Ms. Dooley noted that in the Minutes of 8 July, p. 8, Ms. Dopp had said that TDRs should not be limited to the SEQ. It was noted that the figure on p. 5 should be 20.3% In the minutes of 27 July, p. 2, paragraph 1, the word “no” should be inserted between “allow” and “substantive.” Ms. Emery moved to approve the Minutes of 8 July, 27 July and 28 July as written and/or amended above. Mr. Knapp seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement orders were signed. 13. Consider Approving Entertainment License for: Magic Hat Brewery & Artifactory; and North American Breweries/Magic Hat: Ms. Emery moved to approve the entertainment license for Magic Hat Brewery & Artifactory; and North American Breweries/Magic Hat as presented. Mr. Knapp seconded. Motion passed unanimously. 14. Liquor Control Board: Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Greco seconded. Motion passed unanimously. Mr. Miller presented a Liquor and Tobacco license application for Applebee’s (change in ownership). He indicated that the application was all in order. Ms. Emery moved to approve the Liquor and Tobacco license for Applebee’s (change in ownership) as presented. Mr. Knapp seconded. Motion passed unanimously. 15. Executive Session: Knapp moved that the Board adjourn and reconvene as City Council in executive session to consider personnel and contract negotiations, with possible action to follow. Ms. Greco seconded. Motion passed unanimously. Following the executive session, Ms. Emery moved to appoint Susan Blanton to the Library Board of Trustees. Mr. Knapp seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting was adjourned at 9:10 p.m. ____________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.