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HomeMy WebLinkAboutMinutes - City Council - 11/07/2011CITY COUNCIL 7 NOVEMBER 2011 The South Burlington City Council held a regular meeting on Monday, 7 November 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; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; R. & M. Dickhaut, M. Sorin, A Gordon, J. Davidson, G. Weaver, D. Ward, M. Young, D. Fleming, W. Braun, L. Ready, S. Baker, M. Smith, T. Barritt, E. Churchilll, R. Smith, B. Stuono,A. Voldman, S. Dorlly, L. Bresee, R. Varney, P. Hall 1. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Ms. Greco seconded. Motion passed unanimously. Following the executive session, Ms. Emery moved that the Council exit executive session. Mr. Knapp seconded. Motion passed unanimously. Regular Session: Mr. Miller advised that the city has been served with a lawsuit brought by Charles Hafter and Betty Moore-Hafter. Ms. Dooley read a press release issued by the city in this regard and noted that the city will defend itself in this suit. 1. Agenda Review: Ms. Dooley noted there will be an update on communications between the city and the Dorset Park Skating Association under “Other Business.” 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements and City Manager’s Report: Mr. Engels: Noted the achievements of South Burlington fall sports teams. Participated in the “guided walk” through the Wheeler Natural Park and found it fabulous. As a member of the Pension Advisory Committee participated in a training session with Prudential, who manage the city’s retirement fund portfolio. Ms. Greco: Also went on the Nature Park tour as well as an informal tour of National Gardening. Also attended the “plug in” at Healthy Living’s new installation. Participated in the 3 sessions of the Community Visioning Workshops re: City Center. Ms. Emery: Also participated in the Visioning Workshops. Attended a meeting with the Chair and Vice Chair of the Planning Commission and the Council Chair regarding outreach on the revised Comprehensive Plan. Thanked Mr. Rabidoux for follow-up on issues at Red Rocks park. Ms. Dooley: Attended the Regional Planning Commission meeting. The Commission is helping to support efforts on recovery from Irene throughout the state. The Commission has decided not to change its name. Also attended the City Center design workshops. These are on-line and on Channel 17. Attended a PACT meeting where students discussed what they value about South Burlington. One student is interested in becoming an intern with the Planning office. Mr. Miller: Received a resignation from the Library Board of Trustees and one from the Social Services Funding Committee. The City will keep its same health plan at 3% less cost than last year. This is $400,000 less than if the city hadn’t made the changes it did. 4. Appointments: Ms. Dooley noted the need to appoint a Council member to serve on the Social Services Funding Committee. Ms. Emery nominated Mr. Engels. Ms. Greco seconded. Motion passed unanimously. Ms. Dooley noted there are 2 openings on the Library Board, and there is one applicant. Mr. Engels moved to appoint Frank Scanlon to the Library Board. Ms. Emery seconded. Motion passed unanimously. 5. Public Hearing on Amendments to the motor Vehicle Ordinance, Section 25, addition of a 3 stop at Farrell l& Eastwood Drive; second reading: Ms. Emery moved to open the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Rabidoux reviewed the history of the amendment, noting the unique design of the intersection which confuses drivers. The proposed 3-way stop will improve safety. Mr. Barritt opposed the amendment. He felt there was not a sufficient incident of accidents to warrant it and felt it would result in added pollution from cars stopping and starting. Mr. Weaver supported the amendment and felt it would make the intersection safer, especially for pedestrians. Ms. Dooley noted receipt of an e­mail from Tricia Griffith, a resident at City’s Edge questioning whether the 3­way stop would encourage more traffic if it made the intersection safer. She felt Farrell Street is in need of “traffic calming” and suggested a clearly posted speed limit sign. Ms. Emery said she has not noticed any long lines of traffic and personally favored a roundabout. Ms. Greco questioned whether the 3-way stop may be more confusing than what is there now. She also had concern with added pollution. Mr. Engels, who lives in that neighborhood, said that at 5:15 cars back up onto Joy Drive and Hadley Road. He cited the difficult nature of the intersection and said that drivers often have no idea of what to do there. Ms. Dooley felt this is a stop-gap measure with the hope of reconfiguring the intersection in the future. Mr. Rabidoux said the hope is to make some configuration changes in FY13. Ms. Emery then moved to close the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Engels moved to adopt the amendment to the Ordinance as presented. Ms. Emery seconded. Motion passed unanimously. 6. Presentation of FY11 Actuarial Report: Ms. Voldman reviewed the highlights of the previous report noting a shortfall in accrued benefits of $8,169,000. She also noted that this is not an uncommon problem. Ms. Voldman then reviewed actions taken by the city to respond to the problem, including transferring certain employees to the VMERS plan (including one bargaining unit) and taking out a large general obligation bond with Merchants Bank to fund plan benefits. These actions have resulted in a substantial improvement in the pension plan status and an improvement in benefits. As of July, 2011, assets are now above accrued benefits by $1,363,437. The funded ration of 100-110% was at 57% last year. The fund has $22,000,000 in assets and $20,800,000 in liabilities. Ms. Voldman noted there was also a favorable experience as relates to market returns on investments. These changes have resulted in discussion with the city about funding the policy. The city currently pays normal costs and amortizing costs of accrued liability (30 years). Because of the improvement, Ms. Voldman said it doesn’t make sense to stretch this over 30 years. The recommendation is for a fresh start, staying with normal costs and paying a fresh start of accrued liability over 10 years. This would require City Council approval. The minimum contribution would be just under $500,000, much less than last year. This figure doesn’t not include the Merchants Bank loan payment. Mr. Miller noted that there is $1,700,000 in the budget this year, based on last year’s actuarial report. This includes a “make up payment.” $650,000 has to be added for the loan payment and about $68,000 for the VMERS payment. This brings the total to $1,250,000 as opposed to the budget figure which was $400,000 more. Ms. Voldman noted that for 2013 there is a lot of volatility. Last year’s rate of return was great at 20.1%. The 8-year average is 6.55% and the 3-year average is 13.2%. She felt the experience was supportive of 7.5%. Ms. Voldman then reviewed the liabilities which include: A. payroll growth less than anticipated B. a decrease in total active participants from 128 to 112 C. less overtime D. data correction Ms. Voldman also reviewed proposed changes for Pension Plans under BASB as follows: A. Balance Sheet Reporting B. Reduced amortization periods including: 1. 5-year asset gains/losses 2. Average FS for UAL 3. No “smoothing” of assets 4. Discount rate less for unfunded benefits Ms. Voldman said the City of South Burlington’s plan will be positioned for these changes given improved funding and the new funding policy. Mr. Barritt asked where the money from the Merchants Bank go. Mr. Miller said it went to the Pension Trust. 7. Update on Status of FY 2011 Audit and Progress Report on the Management Letter for FY2010: Auditor Ron Smith noted that management was very helpful in “moving pieces of paper.” He cited a great improvement from last year and noted that management has shown a willingness to make adjustments when necessary. It is estimated that the city’s general fund will have a deficit of $200,000 for FY11. That is “good news.” There is still an effort to understand some of the “holes.” Mr. Smith stressed that this was not this administration’s budget. Mr. Smith said they feel they have all the “chutes” of money identified. There is still a question as to whether to fund some of the deficits when there is no statute requiring funding (e.g., the Meals/Rooms tax). The first effort should be to deal with those that do have a statutory requirement. This list will be fine-tuned, and recommendations will be brought to the city. There is still an effort to embrace the issue of “earned sick time.” He suggested the city anticipate a “big number.” Mr. Miller noted there were 23 findings in the management letter. The city has addressed 19 of these. Mr. Smith cited the benefits of borrowing money to fund the pension plan shortfall. He felt the city has “stopped the bleeding,” and that outstanding items should be addressed thoughtfully. Mr. Engels said the most difficult thing they have dealt with have been long-term contracts that have been disadvantageous to taxpayers. Mr. Smith declined to comment on this until his next presentation as he still doesn’t understand all the facts. He said this next presentation would be after the holidays. Mr. Knapp questioned how the audit would relate to the budget process. Mr. Miller said he didn’t think the audit would have great impact on the budget. 8. Presentation and Discussion of Route 2 Williston Road Corridor: Mr. Rabidoux introduced the presentation and noted that the study looked at the possibility of eliminating one travel lane and adding space for bicyclists. The report will present “technical conclusions“.) Mr. Rabidoux stressed that this may not always coincide with public will. The study was funded by the MPO with no local match. Mr. Smith added that the study also looked at the overall corridor with a smaller component being lane use at Dorset St. The study intent was to retain the existing road width, possibly doing something to coincide with the upcoming repaving of Williston Road. The study looked at congestion and safety. Mr. Smith then showed a slide of the study area with inserts of the number of cars per day at various locations. He also showed a slide of an existing cross section of Williston Road, which just fits within the right-of-way. He then showed an idealized condition for “complete streets,” including bike lanes. The conclusion of the study was that under complete street conditions, there would be much more congestion on Williston Road west of Dorset Street. East of Dorset Street, there would still be significantly more congestion though not as much as to the west. Mr. Smith noted that Williston Road is overburdened because there are few alternate routes. Paving Market St. would result in a significant improvement as would prohibiting left turns at Patchen Road. There is also a need to upgrade pedestrian signals, which is planned as part of the upcoming re-paving project. Mr. Smith said the study showed that the Dorset St./Williston Rd. intersection would work better with only one left turn lane. This would allow for a dedicated right turn lane onto the Interstate and 2 westbound lanes. Another recommendation of the study is to conduct an access management plan with land and business owners to improve safety conditions. Mr. Smith then showed a slide of all the accidents in the project study area. These coincide with the busier businesses. He noted that the Dorset Street intersection is #17 in the state for accidents. Kennedy Drive/Williston Road is #34. Mr. Smith noted that most accidents occur in the P.M. peak hour. Mr. Smith said that under the “complete streets” scenario, Williston Road/Kennedy Drive would go from a level of service C to a level of service F. The Hinesburg Road intersection would see the worst congestion. Vehicles could not enter the corridor at various approaches. Mr. Smith noted that the study found that traffic would have to be reduced by 39% in order for “complete streets” to function. He added that even with Exit 12B, the Circ Highway, the Tilley Drive connector and the Champlain Parkway, there would still not be a 39% traffic reduction. He concluded there is just too much traffic. With regard to the recommendations at Dorset Street/Williston Rd., Mr. Rabidoux noted that it would have to be determined whether 3 lanes would work further to the west, and VTRANS would have to “bless” this change. Mr. Knapp asked if paving Market Street would have a positive impact on Williston Rd. Mr. Smith said it would but not significantly. He added that a frontage Road from Holiday Inn to White Street would make a big difference. Ms. Greco asked about a roundabout at Hinesburg Road. Mr. Smith said it would be disruptive and would have significant right-of-way impacts. It would require significant acquisition of land with very detrimental affects on businesses. He stressed that the goal of the study was to stay within the right-of-way. Ms. Greco asked about a roundabout at Dorset St. Mr. Smith said that would not be favorable. Mr. Knapp asked whether “complete streets” would be destroying traffic flow for a few bicyclists. Mr. Smith said it could be a case of “if you build it they will come,” but he noted the seasonal nature of biking in Vermont. An audience member said he would love the complete street concept but understands the limitations. He would love to see Market St. paved and a frontage road. He cited the dangers of cycling under present conditions. He liked the proposed changes at Dorset Street but felt it might reduce “gaps” for cyclists to cross. Mr. Bresee said if something isn’t done now, it won’t ever get looked at again. He noted that most traffic on Williston Rd. is not “South Burlington traffic” and asked what obligation South Burlington has to accommodate all this traffic. He asked whether the city could put in a configuration it wants and discourage others from using the road. 9. Discussion of Bird Mitigation Issues at Burlington International Airport: Mr. Varney thanked Mr. Miller for the variance that has allowed the Airport to deal with the bird hazard. Ms. Emery asked what is involved in the pyrotechnics. Mr. Hall explained there is a loud, explosion-type noise to frighten birds. It is comparable on the ground to hearing a shotgun go off. There is also a “screamer” like a siren. Another part of the program will be to get rid of the foliage that is attractive to the birds. Mr. Engels asked if there is a plan to kill the birds. Mr. Varney said there is not; the plan is just to discourage them from the area. Mr. Engels asked why this is now an emergency. Mr. Varney said anything that can bring down an aircraft is an emergency. He noted that a compost pile was relocated from the Intervale to St. Michaels and became a significant factor in attracting birds. St. Michael’s has been asked to cover this, and it has made a difference. Ms. Dooley asked if there is a model ordinance that is used at other airports re: the pyrotechnics. Mr. Hall said this is a new one for him. Mr. Miller explained the range of the waiver and noted that it is only for the Airport. He then implored Airport officials to pick up the phone and notify the city before there has to be an emergency action. He said he only got an e­mail weeks after the problem was identified, and this resulted in a “mad dash scramble“ for the city. Mr. Miller also noted that to do anything more than this limited waiver would require a change to the ordinance. 10. Council Discussion: Outreach Plan re: Special Election of 6 December 2011: Mr. Conner noted that the Land Trust will host a forum on the 3rd ballot item, Monday, 28 November, at City Hall. Ms. Dooley suggested a press conference and a CCTV program. Mr. Engels asked about ads. Mr. Miller noted that city money can’t be used for ads that advocate a position. Information ads are OK. Ms. Emery agreed to write a letter to the Other Paper and to post information on Front Porch Forum. Mr. Engels and Ms. Greco agreed to do something for CCTV. 11. Consider approval offering Open Access Plan as a limited additional option for health care coverage: Mr. Miller reviewed the history. He noted that the current plan puts an employee coming on board late in the year at a great disadvantage. To address this, the plan is to offer these employees a different plan. It would be at no additional cost to the city and would be voluntary for the employee. The employee would then go on the same plan as everyone else after the first year. Ms. Emery moved to approve the offering on a voluntary basis, of an open access plan to employees hired after 31 March in any given year, effective immediately. Mr. Knapp seconded. Motion passed unanimously. 12. Minutes of 17 October 2011: Ms. Emery noted she had expressed strong reservations regarding ordinance changes concerning nuisance behaviors and shoplifting. Ms. Emery moved to approve the Minutes of 17 October with the above addition. Ms. Greco seconded. Motion passed unanimously. 13. Other Business: Ms. Dooley noted the City Council still has 4 outstanding issues with the Dorset Park Skating Association: 1. Responsibilities for paying for recent rink repairs 2. Establishing the value of the rink should it be destroyed 3. Allocation of time for public skating 4. Developing communication between rink management and the Recreation Director. These issues will be shared with the Association at a meeting tomorrow. 14. Sign Disbursement Orders: Disbursement orders were signed. 15. Executive Session: Ms. Emery moved the Council convene in executive session to discuss personnel and contract negotiations and to resume regular session only for the purpose of adjournment. Ms. Greco seconded. Motion passed unanimously. 16. Resume Regular Session: Council returned to regular session. 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.