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HomeMy WebLinkAboutMinutes - City Council - 07/18/2011CITY COUNCIL 18 JULY 2011 The South Burlington City Council held a regular meeting on Monday, 18 July 2011, at 6:00p.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; S. Stitzel, City Attorney; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; Chief D. Brent, Fire Department; R. Kay, D. Jacobowitz, L. O’Brien, S. Dopp, E. Blokland, J. Sinagra, L. O’Brien, M. Esposito, J. Smits, K. O’Brien, B. O’Brien, E. Riggins, P. O’Brien, R. Batterson, B. Cimonetti, J. Jaeger, P. Mahoney, M. Mahoney, S. O’Brien, S. & D. Falkenburgh, D. O’Brien, M. U. Gallo, C. Moody, S. D. Smith, M. Westergard, E. Maynes, B. Shearer, L. Dubois, P. U. Wearn, L. Murphy, M. Young, S. Farrell, M. Mittag, S. Quest, E. Diner, D. Scheal, E. Knudsen, D. Bartlett, P. Brogna, B. Bull, S. Hainley, J. Pevnick, J. Ilick, B. Dailey, R. Jeffry, F Sadowski, D. McGurn, M. Willard, W. Fisk, T. Duff, A. McClinkey, T. Hergemother, N. Malley, J. Simson, T. Finard, B Goldberg. J. Poli, J. Stewart, K. Clarke, M. & E. Burti, K. Clarke, N. Khorrami, L. Gadeau, H. Trilly, B. Pryse, B. Brisson, D. Marshall, R. Deslauriers, G. Farrell, J. Nick, L. Giles, M. Beaudin, E. Farrell, W. Gilbert, L. Llewellyn, J. Doig, J. Magnus, C. Gardner, B. Gardner, B LaCroix, D. O’Bourke, S. McClellan, A. Leach, E. Langfeldt, T. O’Donovan, B. Benton, D. Burke, S. McIntyre, B. Bartlett, R. Gardner, R. O. Cleary, H. Richards, C. Housingei, M. Skiff, D. Saff, D. Hernberg, S. Fox, C Snyder, B. Stuono, P. Nowak, A> Clift, J. Hunt, M. Auclair, B. Paceman, G. Beldock, R. Rushford, E. Pomerlau, C. Smullen, D. Warshaw, E. Langfelt 1. Agenda Review: Mr. Miller noted there may be action on appointments and another matter after the executive session. 2. Comments & Questions from the Audience not related to Agenda items: No issues were raised. 3. Announcements & City Manager’s Report: Mr. Engels: Met with South Village people and Patrick O’Brien. Also had a tour of the Police Station. Ms. Greco: Also had a phone conversation with Vermont Land Trust people. They have no position on Interim Zoning. Ms. Dooley: Attended the celebration of 1 Financial at the Blue Mall. Will also attend the meeting of the Police Station building Condo Association on Thursday morning. Mr. Miller: The City Charter Committee will meet on 3 August at 5 p.m. The Correction Center Liaison Committee met on 11 July. 4. Interview Candidate for Boards, Committees, and Commissions: The Council interviewed David Jacobowitz for appointment to the Rec Path Committee. Mr. Jacobowitz said he is a bicycle instructor and bicycling advocate and has served on this committee for a long time. He enjoys the opportunity to learn from others. 5. Consider Approval of Loan documentation to fund the unfunded pension liability and authorizing the City Manager to execute the loan documents: Mr. Miller explained that the City Council authorized staff to pursue refinancing of the unfunded pension liability. An arrangement was negotiated with Merchants Bank at 5.25% fixed rate for 7 years. After that time, there would be a floor and ceiling rate which would never be as high as the return on the pension plan. This will save taxpayers about $100,000 a year. Mr. Miller noted there is a consent form that the City recognizes that Paul Giuliani acted as bond counsel for the Merchants Bank and Joe McNeil acted for the city. Ms. Emery asked about the pre-payment penalty (p. 5 of the agreement). Ms. Bourgeois of Merchants Bank said the penalty is only if the city takes this loan to another financial institution. Mr. Knapp questioned the structure of the sentence in Section 7.8. Mr. Miller said the city gets an actuarial report in October. The value of the fund is as of year- end. This sentence makes sure the actuarial amount is based on the prior year. Mr. Knapp asked if the city is GAP compliant. Mr. Miller said yes. Ms. Emery moved to approve the loan documentation to fund the unfunded pension liability and to authorize the City Manager to execute the loan documents with the City Council, City Clerk and City Treasurer as appropriate. Mr. Engels seconded. Motion passed unanimously. 6. Public Meeting and Solicitation of Public Comment regarding the possibly submission of a JAG Grant by the South Burlington Police Department and consideration of approval: Chief Whipple explained that the city has been granted $13,242.00 by the Justice assistance Grant program. In order to receive the funds, the item must come to the governing body and be heard publicly. Chief Whipple then outlined the proposed uses of these funds: 1. Transition to a new record management system which will save tens of thousands of dollars in coming years ($8,635.) 2. Dada collection analysis project ($1000) 3. Computer replacement in conjunction with the “smart board” ($1500) 4. Command staff leadership training (attendance at National Chiefs’ Conference) (balance) There is no local match for this grant, and it has a 30-month spend-down requirement. Ms. Dooley asked for public comment. None was forthcoming. Mr. Knapp moved that the Council approve submission of the JAG Grant in the amount of $13,242.00 to be used for the purposes outlined by the Police Chief. Ms. Emery seconded. Motion passed unanimously. 7. Review of bid results on the Quint Ladder Truck financing and consider authorizing the City Manager to execute the loan documents: Mr. Rusten explained that the Quint will replace 2 fire vehicles. Three proposals were received from the RFP. The recommendation is to go with Northfield Savings Bank at 2.4%. This will result in a cost less than $163,000. Chief Brent explained that this combination unit (ladder and pumper) has a 75-foot ladder. It replaces 2 vehicles that are 16 and 20 years old. Ms. Dooley asked for audience comment. None was forthcoming. Ms. Greco moved to authorize the City Manager to execute documents with the Northfield Savings Bank at 2.4% for 4 years, pursuant to City Charter Section 13.6. Ms. Emery seconded. Motion passed unanimously. 8. Consider Approval of Special Event Permit: Flynn Theatre Presenting the Zoppe Circus, 4-7 August 2011: The event will be held at Technology Park from 7 a.m. to 9 p.m., August 4-7. No issues were raised. Ms. Emery moved to approve the Special Event Permit for the Flynn Theater/Zoppe Circus as presented. Mr. Knapp seconded. Motion passed unanimously. 9. Liquor Control Board: Mr. Knapp moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Greco seconded. Motion passed unanimously. The Board considered at Liquor License for The Wooden Spoon, 1210 Williston Road. Mr. Conner noted this is located in front of Higher Ground and was most recently Two Friends. Ms. Emery moved to approve the Liquor License for The Wooden Spoon as presented. Mr. Knapp seconded. Motion passed unanimously. Mr. Knapp moved that the Board adjourn and reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 10. Review and Approve Minutes from the Regular and Special Meetings held June 20, and July 6, 2011: Ms. Dooley noted that in the Minutes of 20 June, page 9, in the next to the last paragraph, the end of the first line should read “...how the Council would determine whether...” On p. 10, last paragraph, the word “can” should be “cannot.” Ms. Emery moved to approve the Minutes of 20 June as amended. Ms. Greco seconded. Motion passed unanimously. Ms. Emery moved to approve the Minutes of 6 July as written. Mr. Knapp seconded. Motion passed unanimously. 11. Sign Disbursement Orders including disbursements made by Chittenden Water District on behalf of South Burlington: Disbursement orders were signed. 12. Other Business: No issues were raised. 13. Public Hearing of Proposed Adoption of Interim Bylaws: second reading of same and possible vote on Interim Zoning Bylaw: Ms. Dooley asked Mr. Conner to confirm city growth figures from 2000 to 2010. Mr. Conner noted an error made by the Census people. The correct figure is a 20% growth. Public comment was then solicited, and the following responses were received: Randall Kay: Noted there have been different forms of housing next to each other. Like single family and triplexes near the golf course, and single family homes abutting 6-and 8-plexes at Meadowland at Spear. He said he had asked the City Assessor if this resulted in decreased values to the single family homes. The Assessor said he knew of none. Mike Mittag: Noted there have been fears of property tax losses and job losses because of Interim Zoning. He felt these weren’t inevitable or permanent. Ed Biggins: Felt IZ was bad for business and bad for the community. Felt that South Burlington would send a message that it is not open for business. He cited the cost and hassle of doing business and said he would like to feel welcomed in South Burlington. Mike Simoneau: Felt it was premature and rash to implement a law without understanding its impacts and that the Council shouldn’t make a law based on the complaints of a few people. He felt this was a divisive issue that is pitting neighbors against each other. Patrick O’Brien: Asked if there has been an analysis of the cost of IZ. Mr. Miller said that will be presented tonight and will be on the website tomorrow. Mr. O’Brien then asked if a land owner owns 10 acres and 2 of the acres are in the IZ area, does this preclude development of all 10 acres. There was no response from the Council. Mr. O’Brien said the inability of the Council to answer this shows they are not ready to make this decision. Mr. Moody: Supports IZ. His main concern is high density next to low density. Mark Westergard: Supports IZ and is against a grace period. Doesn’t oppose development but opposed “take the money and run” development. Felt that waivers are granted that are inconsistent with existing zoning. Rachel Batterson: Opposes IZ. Is concerned that many provisions would have an impact under the Fair Housing Law. There would also be a disparate impact. Liam Murphy: Represents landowners and taxpayers. Said there has been an effort to recharacterize this as only another level of review. He felt this is not true. It is a freeze. The extra level of review would be the City Council, three of whom have expressed the intent that there be no development in the city. He felt the Council could not be impartial. He said the impetus for this is from people at Swift/Spear Streets. He found that hypocritical since the area where they live was open field before they moved into the homes built there. Sophie Quest: This is a time of shaky economy and shaky government. Felt it needs more thought. Leo O’Brien: Opposes IZ. Felt that there is a process in place to review development. He hoped the Council would let the Planning Commission do its diligent work and that the Council would make recommendations based on their recommendations. Bill Daily: Lives in a PUD. Has a hard time understanding the emergency that led to this. He previously had 8 employees and has had to let 3 of them go because of this and will probably let 2 more go. To him, the emergency will be a loss of permit fees to the city and jobs. Tom Daily: Represents Bill Daily and tells him to “follow the rules.” There is a city plan and regulations to implement. If the Council doesn’t like the plan, change it; if it doesn’t like the rules, change them. But don’t be the only one to make a decision. William Fisk: Expected the Southeast Quadrant not to have a lot of houses in it. Doesn’t think that is common sense. Jean Hunt: Supports IZ. There are impacts ecologically and on jobs. This is the opportunity for a vision. Doesn’t often think about long term impacts. Doesn’t like the ill will this has brought about. Felt there are consequences either way. John Simson: Is not a “dog in this fight.” Is more interested in the process. Felt the new Comprehensive Plan should be the process for change. Did not see a reason to create an upset by creating a duplicate or parallel to what is already in the works. Todd Finard: Family developed Umall and has a long relationship with the city. Has always played by the rules. Feels this is a bad thing as we are emerging from the recessions, and it will “cut the legs out from under us.” It is too broad and will adversely affect everything. Noted that the Mall is losing tenants, and they can’t improve the property they’ve invested so much in. He felt the concerns of one small area of the city have mushroomed out of control. Michele Auclair: Got her new tax bill, and asked if the Council will write her a check or reduce her taxes because her land will have no value. She is trying to sell her property and now cannot do that. Bob Paceman: Built the Kirby Road cottages under the city’s rules. That wouldn’t happen now. It was built on a shoestring so they could put affordable housing in there. If he has to hold onto his property, he won’t be able to put in affordable housing. Ralph Deslauriers: Has been in business in South Burlington since 1952, employing 160 people. Noted that the city already has financial problems. Felt there will be a loss of $4,000,000 to the city over the coming years with IZ plus the loss of over 1000 jobs in Chittenden County. Felt that giving final development control to the City Council will eliminate the separation of power. Gary Farrell: A resident for 43 years and in business in the city for 45. Asked the Council to think very carefully before going into IZ. The cost of housing the Chittenden County is too high, and it is hard to bring people in to work for large employers. Income levels in Vermont are 20% lower than in the rest of New England. To stop development in South Burlington, where there is not a lot of pressure, is not good. Listen to the Planning Commission. Jeff Nick: Property owner and real estate developer. IZ will also prevent a lot of redevelopment opportunities. Noted the very “dysfunctional” property on Shelburne Rd. (Pizza Hut). There is an opportunity to redevelop that, which would improve that section of Route 7. If IZ goes through, they will relocate and everything will stay the same. Bill Gilbert: Lives on Spear Street. Felt planning works for developers in South Burlington and the neighbors are unable to plan because they don’t know what will happen next door. As that TDRs be suspended for 2 years. Eric Farrell: Lives and works in South Burlington. Felt there is a thoughtful process in place. Noted that IZ will not affect his project, which he felt was the impetus for this. Felt the Council has “bigger fish to fry.” Felt that legal action will follow if IZ is implemented. Also noted that whenever you build a unit of affordable housing, you create a $50,000 job. Ernie Pomerleau: Has partnered with South Burlington for 40 years. To characterize the Development Review Board as “pushovers” is wrong. Noted that he had a project that took 10 years to get through. Felt the timing is also wrong as we are coming out of a recession. R. Rushford: Is an attorney representing property owners. Was told that a 1.9% growth rate is out of control. Noted that the Comprehensive Plan says 1.5% is an average and that 2-2.5% should be considered a red flag. Showed a graph of the number of units built from 2000-2010, and that number has been flat. There is no explosion of growth. Chris Smullen: Lifelong resident of South Burlington. Felt that any studies needed to be done while South Burlington is still open for business. Also noted that National Night Out was cancelled because there wasn’t enough money. Every town in the country celebrates the 4th of July/National Night Out, and South Burlington can’t afford to. Greg Beldock: Felt both sides have been eloquent, but there is a lot to do before making a decision. Felt the economic impact hasn’t been considered. Barbara Benton: Is a new member of the Planning Commission. Felt there is something wrong with a system that is rushing headlong into something. Felt there should be a workable direction. David Burke: Owns a South Burlington condo and is concerned with being able to offer people affordable housing. Said it isn’t easy to work in South Burlington. Felt there is no emergency situation, and that the Comprehensive Plan should be used to address issues. Felt the public process should have begun tonight, but the Council did the reverse. The Council has already stated its opinions and is not listening. David Warshaw: Has an issue with TDRs. Noted they weren’t developed in a vacuum and are used around the country to protect open land by transferring development to an urban center. In South Burlington, development is being transferred from open space to open space. Marley Skeff: Is concerned with TDRs. Doesn’t feel they should cram as much housing is as possible. Should be near services. Sarah Dopp: Would like to “clone Mayfair Park” Feels the IZ being considered has less to do with the SEQ than with the rest of the city. Noted that TDRs have saved large swaths of land. Felt receiving aras should be limited to the SEQ. Evan Langfelt: Represents Technology Park. Felt the city’s vision is the Comprehensive Plan. He read the purpose from the plan and encouraged everyone to be involved in the Plan update. Noted that the actual growth rate for the last 10 years is 1.25%, less than allowed. Felt IZ is not the answer. There were no further public comments. Mr. Miller then provided an analysis of fiscal impacts of IZ. He noted there would be very little savings from less road maintenance. A best guess of revenue losses from fees, taxes, etc. (based on a 5-year average would be as follows: A 15% loss in revenues, which would amount to $127,000 for one year and $255,000 for two years. Losses from fees (which have recently been increased) would be $133,000 for one year and $267,000 for two years. Mr. Miller felt these may be conservative numbers. The cost for the required studies, if all studies are undertaken would range from $65,000 to $100,000., with the possible use of $23,000 in grant money. There would also be a 32-45% full time equivalent incurred for staff time, about $24000-34,000 per year. Mr. Miller noted there is little or no staff capacity to give to Interim Zoning. Legal costs would be $10,000-20,000 a year, plus considerable costs to litigate. Mr. Miller also noted that the staff “to do” list is hard to accomplish with or without IZ. It includes: 1. Market Street/City Center 2. Creation of a TIF district 3. Capital Budget Mr. Miller added that the city budget could be impacted by $90,000 annually, not including staff time or litigation costs. He estimated litigation costs at between $115,000 and 195,000. Mr. Miller said that if IZ is adopted, there will have to be a determination as to which projects to put on the back burner. Adding staff could be an option, but that would add further costs. Mr. Miller also noted that in FY12, there is a challenge to reduce costs by $250,000. He felt the city is close to reaching that goal. IZ could result in a deficit for 2012. Mr. Miller said he would not discuss using community members to do the IZ studies as the people who would come forwards would already have a point of view. Ms. Dooley said it is her understanding that the Council doesn’t have to act tonight. Mr. Miller said if they don’t, they would have to warn another meeting. Mr. Stitzel suggested setting a deadline for receiving public comment. Ms. Greco favored soliciting more public input through e-mail or regular mail. Mr. Engels favored voting tonight. Mr. Knapp didn’t feel the Council was ready to vote and that if he had to vote tonight, he would vote against IZ. Ms. Emery said she could go either way. Ms. Greco said she wanted to know the cost of already approved projects. She said if the city has a lot of development, why it doesn’t have a lot of money. Ms. Dooley said she wants to review the figures from the City Manager and give people a chance to respond to what was heard tonight. Mr. Deslauriers said historically there has been a slowdown in development. She said that one cancelled project a year equals $150,000, and that 3, 4, and 5 years out that will be a massive shortfall. Patrick O’Brien felt decisions shouldn’t be made on a “best guess.” Another audience member noted there can also be enormous losses in sales tax revenues. An audience member asked if IZ is already in effect. Mr. Conner said it is in effect per legal precedent in Vermont. The Planning Department accepts all applications. IZ requires an additional layer of review before the City Council on those aspects covered by IZ. Mr. O’Rourke asked that a follow­up meeting not be scheduled for 8:30 in the morning. Ms. Emery then moved to continue the public hearing until 25 July to receive comments until 5 p.m. on that date and to schedule a City Council meeting for 7 p.m. on 28 July 2011 at which time the Council would vote on the Interim Zoning by-law. Ms. Greco seconded. Motion passed 4-1 with Mr. Engels opposing. 14. Executive Session: Mr. Knapp moved that the Council meet in executive session to discuss appointments, personnel, contract negotiations and litigation, and to resume regular session to take possible action and/or adjourn. Ms. Emery seconded. Motion passed unanimously. The Council exited executive session at 9:55 and resumed regular session. Mr. Knapp moved that the Council hire the firm of Downs, Rachlin Martin to represent the City Council in former police officer Jack O’Connor’s appeal of his dismissal by City Manager Miller. Mr. Miller will be represented by Stitzel, Page & Fletcher. Ms. Greco seconded. Motion passed unanimously. Mr. Knapp then moved that the Council make the following appointments: David Jacobowitz to the Rec Path Committee for a term of one year remaining on a 3-year term (ending 2012) Eric Ciemnewski and Glenn Sproul to 3-year terms on the Recreation and Leisure Arts Committee (ending 2014) Erwin Cohen to the Red Rocks Committee for 2 years remaining on a 3-year term (ending 2013). All terms end on 30 June of the year indicated. Ms. Emery seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting was adjourned at 10: p.m. ____________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.