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HomeMy WebLinkAboutMinutes - City Council - 06/20/2011CITY COUNCIL 20 JUNE 2011 The South Burlington City Council held a regular meeting on Monday, 20 June 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; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; A. Lafferty, City Attorney; K. Murphy, City Manager’s Staff; R. Kay, T. Duff, C. Shaw, T. Riehle, Planning Commission; J. Dinklage, B. Stuono, Development Review Board; J. Rabidoux, Director of Public Works; D. Young, School District; K. Donahue, B. Gilbert, R. Deslauriers, E. Deslauriers, B. Gardner, S. McClellan, R. Peterson, C. Cole, C. Forde, J. Monroe, F. Kochman, L. Llewellyn, D. Turner, B. Dailey, G. Beldock, D. Seff, D. Hernberg, S. Dopp, F. Scanlon, J. Larkin, G. Farrell, P. Galbraith, S. Carlson, S. Swanson, T. Barritt, J. Lowy, G. Sproul, C. Sheffield, M. Dupuis, M. Conner, K. Epstein, M. J. Reale, M. Kwon, C. Cole, D. O’Rourke, E. Ciemniewski, J. Klesh, R. Hubbard, M. Scollins, L. & L. Williams, L. Murphy, 1. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Knapp seconded. Motion passed unanimously. Regular Session: 1. Comments & Questions from the Audience not related to agenda items: Mr. Donahue noted some properties in town which have front yards that look like junkyards. He noted that Burlington has an ordinance prohibiting parking on lawns. 2. Announcements & City Manager’s Report: Ms. Emery: Attended a “Complete Streets” meeting specifically looking at Route 2 and a bike lane at the Hinesburg Rd. intersection. Mr. Engels: Attended the Steering Committee meeting and also the High School graduation. Participated in an orientation with Ms. Greco to visit city departments. Ms. Greco: Also attended the Steering Committee meeting and orientation. Spoke with Harbor View residents regarding interim zoning. Ms. Dooley: Attended the final meeting of the separate MPO and Regional Planning Commission. The merger takes place in July. Had a “multi­modal” experience on the train, bus, and Ethan Allen 3. Mr. Miller: Will attend the VLCT Health Trust meeting on Thursday. Met with Secretary Brian Searles regarding storm water issues, specifically with regard to AOT’s paying for storm water in South Burlington. The city has never billed the state in prior years but did issue a bill a few months ago. They are now considering whether they will pay. Every other state agency and federal agency is billed and does pay. Mr. Young asked how much the bill was for. Mr. Rabidoux said a bit over $300,000, not counting applicable credits. Mr. Miller said the credits will substantially reduce the bill. 4. Update on Chittenden Regional Corrections Facility: Mr. Turner, the new Superintendent of the Facility advised that the Legislature has voted to turn the facility into a woman’s facility.  Men will be moved to St. Albans. Planning is now underway for this, and it is planned to make this a “program rich” facility. All incarcerated women in the state will come here. Programs will include education, mental health, job training, parenting, and substance abuse. The facility will have some beds for men who will later be transferred to St. Albans so that local police don’t have to transport them and leave the South Burlington area. There will be some interior construction to accommodate this use. The building footprint will remain the same. The facility gym will become a parenting center. Mr. Turner indicated that he had recently met with the city’s Liaison Committee. 5. Interview Candidates for Boards, Committees, and Commissions: Candidates were asked the following questions (responses will be indicated by question number): 1. Please explain why your background or education or interests have led you to apply for the _____________________________. 2. Have you ever served on a South Burlington or other community’s committee in a similar or different capacity? 3. (DRB applicants only) Can you give an example of a situation where you had a preconceived opinion about an issue and changed your mind about it? 4. As this position involves working with a group of fellow citizens, what do like most -- and least -- about working with a small group of people? Yiota Ahladas: Red Rocks Park Committee #1 - Has lived in Queen City Park for 24 years and walk in the park daily. Concerned about its future and the threat to habitat by invasive species and “informal trails.” Worked for the City of Burlington for many years supervising volunteers. #2 - Currently on Red Rocks Committee. #4 - Love everything about small groups. “None of us is as smart as all of us.” Because of this year’s rains and subsequent erosion, Ms. Ahladas would like to see the Committee be more active and have more decision making. Frank Scanlon - Library, Natural Resources or Rec Path #1 - Recent resident of the city. Has had experience since retirement dealing with libraries in Connecticut. Very impressed with the people who run the South Burlington Library and would like to help maintain it. #2 - Yes, in Connecticut. #4 - Enjoys hearing ideas of others. “Too many cooks can spoil the broth.” Peter Galbraith - Planning Commission #1 - Was asked by a neighbor to consider this. Spent 25 years in the public sector in public health management. Interested in preserving what is special about Vermont, but understands that this takes a strong economy. #2. State and federal, but nothing at the city level. #4. Building a consensus is a challenge, but a good one. Sharon Carlson - Planning Commission or DRB #1 ­ Feels the DRB process is a charade and citizens don’t have a voice. Doesn’t oppose development but opposes back door dealings. #2 - No. #3 - In a project behind her house was opposed to anything there, but the developer was a good neighbor and offered to put in buffer. However, he sold the property. The next developer put in a dangerous driveway with no overflow parking. She previously supported Exit 12B but is now opposed to it. #4 - People learn from each other, but there can be personal vendettas. Ms Carlson expressed concern with children swimming in retention ponds that don’t have to be fenced in. Sam Swanson - Energy Committee #1. Worked in energy for his entire career. #2. No. Was a town historian elsewhere. Currently on Energy Committee. #4. This is one of the best groups he’s every worked with, has made significant achievements in a small amount of time. Randy Kay - Planning Commission #1 - Has lived in 23 countries. Degree in economics. #2. Currently on Planning Commission. Cited the things the city should be proud of including 30 miles of rec path, conservation of over 2000 acres of open space in the past 10 years. Stressed that you can’t “take” land without compensation. #4. Planning Commission needs better communication with the City Council. Frank Kochman - Planning Commission #1 - Practiced law since 1979. Has represented developers and municipalities. #2 - No. #4 - Most experience is with other lawyers and would like a broader experience. Likes “being surprised.” Finds that sometimes people aren’t prepared. Tim Barritt - Development Review Board #1 - Involved with the Farrell development since 1999. Would like decisions in favor of neighborhoods instead of developers. #2. Corrections Facility Liaison Committee and Library Board. #3. With regard to the Farrell development, has to admit that the mixed use approach makes it a decent place to live. Good mix of residential, business, restaurants. #4 - Team leader for 10 software engineers. Like mix of different personalities. Jed Lowy - Red Rocks #1 - Lives in Queen City Park and has spent lots of hours in the park. #2 - On this committee for 10-15 years. #4 - Enjoys different ideas. Sometimes people unprepared (not this committee). Glen Sproul - Rec Path Committee #1 - Just retired from 41 years at Johnson State. Lives on the bike path and use it often #2 - No, just some volunteer time. #4 - Many pluses. Occasional problem with one or two people just wanting to disagree. Catherine Sheffield - Planning Commission #1 - Want to be part of work that keeps the city going #2 - Is now on Library Board. Has been on School Strategic Planning Committee #4 - Likes to have her opinions challenged. Concerned when “power gets in the way.” Believes in a balance between commercial/retail/residential. Concerned that the city needs a “healthy supply of students.” Mark Dupuis - Rec Path #1 - Has used the path since its inception. Wants to give back. #2 - No. #4 - Enjoys working with small groups. Michelle Conner - Rec Path #1 - Wants to give back. Background in non-profits. #2 - No. #4 - Like working for a common goal. Hard to reach consensus and let everyone be heard. Keith Epstein - Energy Committee #1 - Important to be involved. Important to reduce use of fossil fuels. #2 - On Energy Committee since 2008. #4 - Enjoys diversity of opinion. Often hard to reach consensus. Mary Jo Reale - Red Rocks #1 - Lives in Queen City Park, uses park at least 5 times a week. #2. Community Center Alternative Committee, School Steering Committee and Strategic Planning for Orchard School. #3 ­ Enjoys a “nimble” group. Sometimes there is an impasse. Mikyung Kwon - Library Board #1 - Used to be a Librarian. Feels a Library can be a center of a vibrant community. #2 - Served on a long-range planning committee many years ago. #4 - Get a variety of ideas. Group can get “hijacked.” Chris Cole - Planning Commission, DRB #1 - Was in planning capacity at CCTA. Thinks South Burlington has done some great work with planning. Experience in transportation to offer the Planning Commission. #2 - Two terms on South Hero School Board #3 - This happens a lot in his work #4 - Likes differences of opinion. Some people don’t listen to others’ points of view. Eric Ciemniewski - Rec Path or Energy #1 - Is a chemist by profession. Uses rec path frequently. #2 - Yes, in Chittenden County. #4 - Likes the diversity of small groups. Doesn’t like when egos get in the way. 6. Public hearing of Amendment to Dog and Cat Ordinance, second reading of same. Consider adoption of amended Dog and Cat Ordinance: Mr. Knapp moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Ms. Kinville said she got input from all around the state. There is a newly added section to the Ordinance, and it now references state statute. Along with the amended ordinance is a request to increase dog and cat licensing fees. There was no public comment. Mr. Knapp moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Knapp moved to waive the second reading. Ms. Emery seconded. Motion passed unanimously. Mr. Knapp moved to repeal the existing Dog and Cat Ordinance and replace it with the new Ordinance as presented. Ms. Emery seconded. Motion passed unanimously. 7. Consider Approval of Bullet Proof Vest Grant: Chief Whipple said that Senator Leahy has instituted the grant. The grant application would be a request for 10 vest this year. The federal government pays 50%, and the city’s 50% share ($3300) has been budgeted. There is a 5-year cycle on the vests. Mr. Young asked what becomes of the old ones. Chief Whipple said they hold onto them. In the past they have been given to the government to be shipped overseas or have been used for training. They would no longer be rated for use. Ms. Emery moved to approve the grant application for bullet proof vests as presented. Mr. Knapp seconded. Motion passed unanimously. 8. Consider approval of Criminal Justice Center Grant: Chief Whipple explained that there is now a part time center with a half-time director. It is expected that there will be $14,000-16,000 left at the end of the fiscal year. There is an offer of $55,000 for the coming year. The two amounts would be rolled in to get a director for 30-32 hours a week. There is a 10% match which is already happening with in-kind support. Ms. Dooley cited the commitment of the Reparative Board. Mr. Whipple said they have had no previous support from the city. This grant would make a much less stressful situation for Board members. Mr. Miller noted they will be proposing a similar stipend for Board Chairs and a small stipend for all Board members. Ms. Emery moved to approve the Criminal Justice Center Grant application as presented. Mr. Engels seconded. Motion passed unanimously. 9. Discuss Interim Zoning By-Law Resolution: Ms. Dooley noted that the City Manager received a request from attorney Liam Murphy asking that she recuse herself because of prior litigation with the Cupola Golf Course over 5 years ago. The City Attorney advised her that the substance of that litigation resulted in no conflict of interest. Ms. Dooley said her decision is not to recuse herself. A poll of the audience showed that 15 people present support interim zoning and 14 oppose it. 6 members of the audience were undecided. Ms. Dooley then reviewed her preferences which include: buffers in all but the Central District, open space, waivers (reducing the list of waivers where there is no evidence of a problem), keeping vehicle trip generation in the Traffic Overlay District, any standard in the view protection Overlay District, residential heights and non-residential structures near residential structures. Ms. Emery said her thoughts are close to Ms. Dooley’s thoughts. She felt buffers are still important but would allow some waivers. Ms. Emery said she wouldn’t support too broad an interim zoning proposal because of homeowners’ rights. She was also concerned with the limited timeframe for studies and felt the previous scope was too broad for staff to handle efficiently. She felt the Council should look for areas which most need to be addressed. Mr. Knapp complimented the City Attorney’s office for their work on this. He said he has a lot of faith in the Planning Commission and didn’t feel it was a good idea to change their work plan. He was still not persuaded that there is an emergency situation and felt it was not appropriate to have interim zoning without an emergency situation. He felt that regulation was a last choice. He also felt the city should not take on work it cannot pay for. Regarding small PUD’s, Mr. Knapp felt Ms. Dooley’s idea was worthy of study. He had a grave concern with applying this to large PUD’s. He also felt the limited scope of the waivers Ms. Dooley recommends was worthy of study. He liked the buffer idea. Ms. Greco said she is concerned with how land is used. She stressed that interim zoning is a temporary measure. She was concerned with “small items” being considered in interim zoning and missing big things. She also felt that studying what is being done to the land could protect the city from a $38,000,000 suit from the state. She supported a broad approach. Mr. Engels said he supported the resolution as drafted by the City Attorney. He felt the areas covered in it are “options not rights.” He felt it was a time out and was reasonable. Ms. Emery asked about the difference between an Open Space Plan and an Open Space Strategy. Mr. Conner said the strategy is not formally adopted as a policy of the City Council. The Comprehensive Plan goes through a formal adoption process and has weight in the courts. The primary intention of a plan is to set an overall guide for the community’s future work plans. Ms. Dooley said she respects her colleagues positions but seriously questions how the community would favor one approach over the other. She felt the Council also has to consider economic vibrancy, what the community will BE as opposed to how it will LOOK. She felt South Burlington can’t be just a beautiful city in which only the wealthy can afford to live. Ms. Greco said she felt it was a myth that more development means lower taxes. Ms. Emery said her respect for the Planning Commission and DRB has increased in recent weeks. For the most part they have done a good job and have looked at the whole picture. She noted that it is getting harder for “real Vermonters” to live in Chittenden County. Ms. Emery noted that she had opposed a development in her neighborhood, but now that it is built, she sees that it is a good development with good people living there. Mr. Conner noted that there is a list of items the Planning Commission is working on. He asked that if there is to be a modification that there be time for staff and the City Attorney to do some wordsmithing. Mr. Miller noted that many items were bundled into the Resolution. Deconstructing them is very difficult to do without looking at the regulations. Ms. Dooley said she would have a hard time supporting this resolution, especially the last page. Ms. Lafferty said there would not have to be a revised legal notice if there is a “contraction” of the proposed Resolution. For an expansion, there would have to be revised notice. She did not feel that Ms. Dooley’s modification would require revised legal notice. Public comment was then received as follows: Mr. Kochman: Cited a technical defect in the proposed ordinance. Paragraph 3 has no verb. Ms. Dopp: Asked if studying TDRs is still embedded in Ms. Dooley’s modification. Ms. Dooley said it is an application that creates high density next to lower density, and she felt the buffer language covers that. Ms. Williams: Cited the efforts of the Comprehensive Plan to look at the city as a whole and how it fits into the County. She said she hasn’t heard where this “major concern” is coming from. If the city is growing too fast, is there an impact on the schools? What expert has said that things need to stop. Mr. Scollins: Thinks the Planning Commission has done a fine job but can cover every possibility. Didn’t feel the Commission let people down. Felt the DRB has, and that is a reason to stop and look at it. Mr. Hubbard: Confused about the need for this and what the Council hopes to accomplish. Noted that he lives across from the proposed Spear Meadows that he felt has a lot to do with why this is happening. He noted he is about to move to Mayfair Park which is very different from Spear St. and really works as a neighborhood. He said the only thing the Spear St. people come together on is their opposition to the proposed development. One man told him that before the Spear Meadows concern he had never talked to either of his next door neighbors. Mr. Deslauriers: Has been in business in the city for 40-50 years. Noted that the growth rate in South Burlington dropped 15% in 2010, so he has a problem believing growth is out of control. He agrees with updating the Comprehensive Plan but not with the moratorium. He was concerned with loss of job and loss of impact fees and property and sales taxes. He felt the moratorium would result in the loss of 350 construction jobs and 700 indirect jobs. He felt the city would lose $3,900,000 in revenues. He asked if the city would raise taxes to replace that or lay off employees. A member of the audience felt interim zoning shouldn’t be looked at as a punishment. Mr. Murphy felt the process is being done backwards as the City Council has already made up its mind before a public hearing. He noted that the language regarding interim zoning says the city is conducting or has conducted a study, and no study is being done or has been done. He said the ordinance as drafted will be a taking of people’s land. Mr. Donahue: Felt there are flaws in the process. He has pleaded with the DRB, Planning Commission and City Council and nothing has been done. Mr. Williams: Said the concern that the city is a feeding ground for developers is not true. He has attended meetings and seen the DRB operate and felt people have been treated very professionally. Following public comment, Ms. Greco moved to accept the Interim zoning Resolution drafted by Steve Stitzel and set a public hearing for 18 July with the correction noted by Mr. Kochman. Mr. Engels seconded. The vote on the motion was 2-3 with Mr. Knapp, Ms. Dooley and Ms. Emery voting against. Mr. Knapp said he felt there needs to be a new draft to avoid confusion. Mr. Knapp moved that the City Attorney be directed to draft an interim zoning by-law with the supporting resolution to be consistent with concepts of the 20 June 2011 proposal of Chair Dooley for review at a subsequent meeting. Ms. Emery seconded. Mr. Knapp said what is important is to state with clarity how the Council arrived at the interim by-law as this can affect people for a very long time. In the vote that followed, the motion passed 3-2 with Ms. Greco and Mr. Engels voting against. 10. Set Tax Rates for FY12: Mr. Miller advised that the tax rate will be $0.0022 lower than what was projected at the Town Meeting as the growth in the grand list was a bit more than anticipated. Mr. Knapp moved to set the FY12 General Fund tax rate at $0.3826 based on voter-approved expenditures of $10,501,268 and a projected Grand List of $27,450,000. Ms. Emery seconded. Motion passed 3-2 with Ms. Greco and Mr. Engels voting against. Mr. Miller advised that the voter approved veterans exemptions not to be made up by voters for the school budget will be $0.00053. Mr. Knapp moved to set the Local Agreement tax rate at $0.00053 based on the voter-approved Veterans Exemption so as to raise $14,419.65 in education taxes based on a projected Grand List of $27,450,000. Ms. Emery seconded. Motion passed unanimously. Mr. Knapp moved to set the special assessment sewer tax rate applicable to Spear Street Northeast Section at .1495 for the purpose of raising $5,638.50. Ms. Emery seconded. Motion passed unanimously. 11. Consider approval of tax due dates of 15 August 2011, 15 November 2011 and 15 March 2012: Mr. Knapp moved to establish due dates of 15 August and 15 November 2011 and 15 March 2012 consistent with historical dates. Ms. Emery seconded. Motion passed unanimously. 12. Consider Approval of Resolution establishing Energy Committee as a Committee of the City Council: Members agreed to set the number of members of the Energy Committee at 7. Mr. Knapp moved to approve the Resolution establishing an Energy Committee as a committee of the City Council and to set the number of members at 7. Ms. Emery seconded. Motion passed unanimously. 13. Consider Approval of Loan Documentation to Fund the Unfunded Pension Liability: Mr. Miller said the city will get the paperwork on 22 June. Staff will warn a special meeting for 28 June to approve the document. The rate for the loan is 5­¼% for the first 7 years, which is 2­¼% lower than the discount rate. Thereafter it will float but will never be as high as the discount rate in the pension plan. 14. Discuss how the City Council is to Handle the Signing of Disbursement Orders during the summer months when the City Council meets once a month: Mr. Miller said there are several options: special meetings, having several Councilors come in and sign the warrants (there is no statutory authority to do this), approving one Council member to do this (there is statutory authority to do this). Mr. Engels said he would be willing to come in and sign the orders. Ms. Emery moved to designate Paul Engels to sign disbursement orders during the summer months. Mr. Knapp seconded. Motion passed unanimously. 15. Consider Approval of Special Event Permit: Healthy Living July 8-10: Mr. Miller noted that if there are unresolved problems from Department Heads, staff can pull the permit. Ms. Emery moved to approve the Special Event Permit for Healthy Living for July 8-10, 10 a.m.-11 p.m. pending staff approval. Mr. Knapp seconded. Motion passed unanimously. 16. Review and Approve Minutes of 6 June 2011: Ms. Emery moved to approve the Minutes of 6 June as written. Mr. Knapp seconded. Motion passed unanimously. 17. Sign Disbursement Orders: Disbursement orders were signed. 18. Other Business: Mr. Miller said there has been no agreement with the Dorset St. Skating Association regarding a fee for services, but he asked the Council to allow them to go ahead with the entranceway project. Mr. Engels moved to allow the Dorset St. Skating Association to apply to the DRB for their entranceway project. Mr. Knapp seconded. Motion passed unanimously. Regarding the City of Burlington Airport billing, Mr. Miller reminded the Council that they had authorized the city to bill the City of Burlington. Burlington officials have some questions and are working to set up a meeting. He asked the Council to authorize him to send a letter to Mayor Kiss and the Acting Airport Manager demanding payment. Mr. Engels moved to authorize the City Manager to send a letter to Burlington Mayor Kiss demanding payment for services in connection with Burlington International Airport. Mr. Knapp seconded. Motion passed unanimously. 19. Executive Session: Mr. Knapp moved that the Council adjourn and reconvene in executive session to discuss appointments to Boards, Committees, and Commissions and to resume regular session to make such appointments. Ms. Emery seconded. Motion passed unanimously. 20. Regular Session: Council returned to regular session. And made the following appointment to Boards, Commissions & Committees 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. City Council Appointments Board/ Commission/ Committee #/Term Candidate City Charter Committee 3/ 3yr. 1)Agnes Clift 2)David Coriell 3)Dan Fleming Chittenden Solid Waste District 1/ 2yr. 1)Paul Stabler 1/ 2yr. Alt. 1) Correctional Facility Liason 2/ 3yr. 1)Maurice Cloutier ` 2)Martin Kenny Design Review Committee 2/ 2yr. 1)Jean-Sebastien Chaulot 2)Adam Davis 1/ 3yr. 1)Marcel Beaudin Development Review Board 2/ 3yr. 1)Marc Behr 2)Joseph Randazzo 1/ 4yr. 1)Tim Barritt Energy Committee 7/ 3yr. 1)Marc Companion (1year term) 2)Donald Cummings (1year term) 3)Keith Epstein (2year term) 4)Marcelyn Murray (2year term) 5)Sam Swanson (3year term) 6)Laura Waters (3year term) 7) 8) 9) 10) Library Board 3/ 3yr. 1)Genevieve Burnell 2)Michelle Cannon 3)Ellen Boyer 1/ 2yr. on 3yr. 1)Mikyung Kwon Natural Resources 3/ 3yr. 1)Laurel Williams Committee 2)Jonathan Miller 3)Russell Agne 1/ 2yr. on 3yr. 1)Peter Jones Pension Advisory Committee 1/ 1yr. 1)Wyrth (Spencer) Baker Planning Commission 1/ 3yr. 1)Jessica Clark 2/ 4yr. 1)Barbara Benton 2)Chris Cole Rec. Path Committee 3/ 3yr. 1)Dana Farr 2)Michelle Connor 3)Miranda Voegeli 1/ 1yr. on 3yr. 1) Rec. Comm. & Leisure Art 3/ 3yr. 1)Laura DeMaroney 2)Rebecca Boedges 3) Red Rocks 4/ 3yr. 1)Yiota Ahladas 2)Jed Lowy 3)Mary Jo Reale 4)Joseph Frank 1/ 2yr. on 3yr. 1) 1/ 1yr. on 3yr. 1) Winooski Valley Park District 1/ 3yr. 1)Joseph Payne