Loading...
HomeMy WebLinkAboutMinutes - City Council - 10/03/2011CITY COUNCIL 3 OCTOBER 2011 The South Burlington City Council held a regular meeting on Monday, 3 October 2011, at 6:300 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, R. Greco, P. Engels Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; K. Murphy, City Manager’s Staff; D. Kinville, City Clerk; J. Rabidoux, Public Works Director; S. Stitzel, City Attorney; P. Conner, Director of Planning & Zoning; P. Taylor, A. Clift, D. Fleming, City Charter Committee; M. Young, M. Sinoneau, B. Cimonetti, T. Sheahan, K. Alence, T. Cairns and Board members of the Dorset Park Skating Association; Mr. Fisher, M. Gilligan, T. Loyer, D. Kaufman, L. Allen, R. Milliken, J. Tarrant, D. Childs, J. Zaetz, D. O’Rourke, J. Dinklage, B. Stuono, S. Dopp 1. Executive Session: Mr. Knapp moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation. Ms. Greco seconded. Motion passed unanimously. Following the executive session, Mr. Knapp moved that the Council return to regular session. Ms. Emery seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Item #5 on the agenda was moved to follow item #7. 2. Comments & Questions from the Audience, not related to Agenda items: Mr. Young asked about the cost benefit of the new “program director” position that has been advertised. Ms. Dooley noted that there are a number of projects (City Center, capital budgeting, TIF, energy projects, etc.) that need to be moved forward, and additional staff is needed to accomplish this. She added that if the city doesn’t move forward on Market Street, it will lose the earmark money it received. The TIF District would be a way to retain money that would otherwise go to the education fund. These are significant benefits. 3. Announcements & City Manager’s Report: Ms. Greco: spoke with the Section Chief at the Dept. of Agriculture regarding pesticide use. He will be sending information as to what the City can and can’t control. Ms. Dooley: noted the efforts of a number of city employees during recovery efforts following the Irene storm. Their efforts were also recognized by the Association of Contractors who provided tickets to an event, which were passed on to the volunteers. A thank you note was received from Lou Bresee for the naming of the new bridge (“Lou’s Crossing”) and also for the Council’s continuing encouragement and support of Rec Path construction and upkeep. Met with Chris Shaw regarding outreach for the revised Comprehensive Plan. Mr. Miller: Will chair an upcoming meeting at VLCT and will become a “past president.” 4. Interview Karen Alence for opening on the Energy Committee: Ms. Alence, who has been on the Committee since its inception, described herself as an advocate for the environment. She had been a commercial fisherman and had received a federal grant to reduce waste in that industry. She has a degree in Agriculture and is back in school pursuing engineering. She said it is a pleasure to work with such a talented group on the Committee. 5. Public Hearing on Amendments to the City Charter Sections 13-1304(c) and 13-1309, Delete Section 13-1903, second reading of same: Mr. Knapp moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Taylor reviewed the work of the City Charter Committee in dealing with 3 potential changes: 1. Elimination of the First and Second Constable positions 2. Elimination of the CPI provision with regard to budget passage 3. Consider the reappraisal schedule. With regard to the 2 constable positions, Mr. Taylor noted that there is a question of whether these positions are required by state law. The Committee decided to take no action and to research the matter further. The Committee’s recommendation with regard to the CPI is to eliminate this provision and to go to a system where voters have to approve a budget. There is also a provision to allow the city and school district to borrow money until a budget is approved. With regard to reappraisal, the Committee felt there is already an adequate state requirement with which the city can comply. There was no public comment. Ms. Dooley noted that the second public hearing will take place on 17 October 2011. A vote is anticipated on 6 December 2011. Mr. Knapp moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. 6. Presentation by the Dorset Park Skating Association: Mr. Cairns said there are two issues facing the Association and the City: the lease and insurance. He indicated that he had sent a history of these issues to the Council and would provide this to anyone who wants it. Mr. Cairns noted that in 1993, he approached the City Council to get a bond vote for the first skating rink. This bond vote failed. A group then raised $2,000,000 and borrowed an additional $1,000,000 and came back to the city to get a lease. The lease agreement was for $1.00 a year through 2001. When it was decided to build the second skating rink, the Association borrowed the money and amended the lease. Mr. Cairns said it had always been a vision to finish the project with a central entrance and lounge and offices. When the Women’s 2012 Championships were awarded to the Skating facility, the Board approached the city (February 2011) to do the finishing work. The Recreation Department approved of the project. As part of the project, a 10-year extension to the lease was required. The Association approached the city to sign the application. The city refused and gave the Board 17 demands, including an annual rent of $175,000.00 and 5 additional Board members. In April of this year, Mr. Cairns said he asked the Council to “decouple” the two issues so that work could be done on the entrance project. This was approved in June. Because the Association couldn’t borrow the money for the project, the opportunity to do the entranceway was lost. Mr. Cairns said it then took 6 months to get back on the City Council agenda. Mr. Cairns said he was shocked to be turned down as the Association and the program had received nothing but praise in the past. People have devoted 16 years to the facility and suddenly they’re told they’re not “serving the interests of the city.” Mr. Cairns said he feels the issue is money. He didn’t feel the city’s money problems were any of the Hockey Association’s doing. He noted that everything the facility takes in goes back into the facility. It is in top shape. Mr. Cairns said the city has asked to take over the rink. There has been talk of “eminent domain.” Mr. Cairns said he felt the Association has an obligation to those who have donated money to it. With regard to the insurance issue, Mr. Cairns said there had been a leak at the facility which required major work to get the rink back into operation and meet commitments. People worked night and day and completed the work in 3 weeks (this is work that should have taken 3 months). Mr. Cairns noted that the city insures the rink, and the Association insures the contents. The repairs cost $300,000. Mr. Cairns said the proof of loss was given to the city, but it is still not signed. The Association has paid the contractors and needs to be reimbursed. Mr. Cairns said he hoped the issue of not applying for the insurance is not related to the lease. He added that he did not want to have to sue the city to recover that money. Mr. Cairns said this is the best run facility in New England, which is why it was selected for the Women’s Championships. He felt that what has happened in the last 7 months has not been productive. Mr. Cairns indicated he had a good meeting with the Council Chair. He said the threats have to stop. Ms. Dooley said there had been issues over the years and had been efforts to work them out. Those efforts have not been successful. She felt that any question of litigation is off the table until efforts to reconcile differences fail. She added that she has promised to follow up on the insurance issue and to try to build a better relationship. Mr. Fisher, President of CSD Youth Hockey, thanked Mr. Cairns for all he has done for the city in past years. He noted that he has traveled throughout Vermont and seen rinks owned by communities. He felt there is no way the city could run a rink as well as the Cairns rink is run. He added that it is impossible to make money running an ice rink, and if the city thinks it can, it is wrong. He asked why the city won’t let a group invest $1,800,000 to make the city a better place. He also asked what the timetable is to make any issues public so things can move forward. Ms. Dooley noted that the Burlington Free Press has requested public records with regard to the issues. Mr. Gilligan noted that 25 years ago, he spent a year going around the area saying how important a new rink would be. He got no money for that effort. He also noted that he worked at 3 rinks in Massachusetts before coming to Vermont. He observed that public-municipal facilities get tired looking very fast. When they do, they don’t appeal to tournaments that want to come to New England. Mr. Gilligan noted that he had entertained the Hockey USA people when they came to South Burlington. He had also helped arrange for the Swedish hockey team to practice here. Now, the rink will be hosting the Women’s Championships. He said none of this would have happened without Tony Cairns and Bob Lequier. Mr. Simoneau said this has been a win-win partnership for a long time. There was a need for this facility, and Tony Cairns and others stepped up. He said he was disappointed with the methodology that has been employed. Partners usually sit down and talk things out. He felt that what has happened here has been “heavy­ handed and disrespectful.” He added that he has seen the folly of municipalities that think they can do better than the private sector, and it would be better for the city to keep hands off what is being done well. Mr. Simoneau said he felt this is an attempt to squeeze money from the Association. Ms. Loyer said she is a former city employee, and she felt “if it ain’t broke, don’t fix it.” She added that with the problems the city has had, if you can’t run a city, you can’t run a hockey rink. Mr. Kaufman, a charter member of the Skating Association, said he has no idea of the problem as there has been no blip in the operation of the arena. There is also no issue noted in the minutes of the Association. He commented that he had been in Gutterson recently and saw a huge banner welcoming the Women’s Championships to South Burlington. He felt that not doing the entry-way project was an insult to the city and to the State of Vermont. It would have been a gift to the city of $1,800,000 in assets at no cost to the city. Mr. Kaufman added that as a city taxpayer, he is horrified at the thought that his tax dollars could be used to run that rink. Mr. Milliken said he didn’t know why this was happening. He cited the number of tournaments that occur at the Cairns rink and said it is an economic driver for the city. Mr. Allen, manager of the Essex Junction rink and a South Burlington business owner, said he has shuttled people from his business to the rink. They ask where to eat, and he directs the to South Burlington restaurants. He also noted that he brings his son to South Burlington to play, not to Essex Junction where he lives. Mr. Tarrant said he provided money for the skating facility. He could not understand why the city would not come forward and state what the issues are. He questioned whether this is what city government has become. Mr. Cimonetti said he was on the City Council before, during and after the rink was constructed. He noted that when the bond issue was turned down, it was not a repudiation of hockey; it was a statement of what can and can’t be afforded by taxpayers. So when the opportunity was created for a public/private partnership at no cost to the city, it was a “bell­ringer” to the city. The city entered into a straightforward business decision. Even the design of the facility was carefully reviewed by the City Council. The rink has been operated for the benefit of the city for all of these years, and Mr. Cimonetti couldn’t understand how the city has not allow the façade issues to be dealt with for all this time. He added that he has often used the ice arena as a perfect example of public/private partnership. When the city had a concern about upkeep of the facility, an agreement was reached for the city to hold money in escrow for any repairs it felt were needed. Mr. Dinklage, also a former City Councilor, felt that this meeting subjected people to “smoke and mirrors.” He said the city should air its concerns openly and honestly. If the city feels it can run the rink more economically, it should say so. The public feels the city doesn’t know what it is talking about or what it is doing. Mr. Cairns noted that his original e-mail from the City Attorney had said that at this meeting the Council would discuss the situation and others were to listen. Apparently, that was changed and was to happen on 17 October. He asked if the Council will be airing its concerns on the 17th. Ms. Dooley said it is not on that agenda. Ms. Childs, former President of the Hockey Association, noted the city referred to issues going back to 2007. She asked if they were ever brought to the Association to address them. Additionally, she stated this is the best run rink she has ever seen. Mr. Zaetz asked who started this. He felt the city was spending a lot of time on nonsense and had better things to do to run the city. As Chair of the Veterans Committee, Mr. Zaetz said he knows how hard it is to raise money. He also noted that when he went to Tony Cairns for a donation for the Veterans Memorial to be erected in Dorset Park, Mr. Cairns told him “you might want to put it somewhere else.” Mr. O’Rourke, a former City Councilor, noted that during his term on the City Council there were no issues with the rink. He felt the management team is doing a great job. He noted he had heard city representatives say on TV: “We have leverage to negotiate this lease,” and he felt this is not how a partnership should work. He felt this was a successful relationship that needs to be repaired. Mr. O’Rourke also cited the “chilling effect” of this on any future public/private relationships in the city as no one will want to enter into a relationship with the city. He added that he was also disappointed to have to have a Freedom of Information request to find out what is going on. A Board member of the Skating Association who lives in Hinesburg said he would like to be optimistic abut the Association’s relationship with the city. The Board is seriously willing to make this a partnership. He noted they are a 501C-3, non-profit operation which serves the youth of the community. He reiterated that the Board is more than willing to listen to what the issues are in order to address them. The people involved with the rink get no gain whatsoever; they do it because they enjoy doing it, and they want to go back to enjoying it. 6. Discussion regarding appointment of Alternates to CCTV and CCRPC: Ms. Greco agreed to be the second alternate to CCRPC, and Mr. Engels said he was willing to be the alternate to CCTV. Ms. Emery moved to appoint Ms. Greco as second alternate to the CCRPC. Mr. Knapp seconded. Motion passed unanimously. Mr. Knapp moved to appoint Mr. Engels as alternate to CCTV. Ms. Greco seconded. Motion passed unanimously. 7. Review of City Hall Entrance & Associated Improvements: Mr. Rabidoux said the city had applied for a $15,000 grant to improve voter access to City Hall. The city then entered into an agreement with a consultant to address ADA accessibility issues. At this point, work has been limited to concepts. Other issues include mold and mildew growth, no visible signage on the building, and the poor condition of the sign on the street There has been other money designated for additional improvements. Mr. Rabidoux said he felt there can be some innovative things done to City Hall and to improve the storm water situation. This will happen in the spring. The cost of ADA accessibility is an additional $33,000. Mr. Miller said that because of paying off some bonds, there is an additional $36,000 in funds that can be used for this project. He added that the intent is to use the city’s logo on the building and on the property sign. Ms. Kinville noted that because City Hall is used for early voting, it is now considered a polling place and must meet ADA standards. Mr. Miller noted that a space/needs analysis is being done on the City Hall interior. It is the intention to bring back to the Council a more complete plan. At that time, the Council may be asked to consider other options to enhance the front of the building. Ms. Greco asked if the work will be done right away. Mr. Rabidoux said they are prepared to do it this season. The initial money must be spent by 31 December of this year. Ms. Greco moved to approve the City Hall upgrades for accessibility and other items included on the 30 September 2011 memo from Justin Rabidoux with work to cost in the $35,000 range. Mr. Miller noted that staff gets more complaints about the way the building looks. He said the intent is to make it a facility people care about. In the vote that followed, the motion passed 4-0 (as Mr. Engels had temporarily left the room). 9. Review and Possible Approval of a City Investment Policy: Ms. Kinville said that as part of the audit, it was noted that the city was lacking an Investment Policy. She added that the proposed policy is no different from what the city has been doing to protect money and to get the best possible return. Ms. Kinville said they will go to bid whenever there is money to invest. If all things are equal, they will give preference to a South Burlington institution. She noted that anything not listed as an “allowable” investment must have City Council approval. Mr. Miller explained that the city doesn’t want any investments with a potential for loss. Mr. Rusten noted that after tonight the city will have complied with 20 of the 22 things cited in the auditor’s letter last year. Ms. Greco asked if the Council will get a listing of where the money is. Ms. Kinville said the policy requires a report every six months. Ms. Emery moved to approve the City Investment Policy as presented. Mr. Knapp seconded. Motion passed unanimously. 10. Consider approval of the following streets as public streets and ownership of the public infrastructure: South Pointe Drive, Upswept Lane, Parkside Drive, Songbird Road, Hummingbird Lane, Chickadee Circle, and Woodthrush: Ms. Emery moved to approve the designated streets as public streets. Mr. Knapp seconded. Motion passed 4-0 (as Mr. Engels had temporarily left the room). 11. Appoint a Voting Delegate for the VLCT Annual Business Meeting to be Held on 6 October 2011: Ms. Emery moved to appoint Ms. Dooley as Voting Delegate to the VLCT Annual Business Meeting. Mr. Knapp seconded. Motion passed 4-0 (as Mr. Engels was temporarily out of the room). 12. Review Minutes of 12 September and 19 September: In the Minutes of 12 September, the spelling of “Milizia” was corrected on p. 4. On p. 6, it was noted that Ms. Greco had agreed to follow up on the pesticide question. In the Minutes of 19 September, Mr. Knapp noted that he had indicated that whatever proof they had was reflected in the City Attorney’s approval of the Memorandum of Understanding. Ms. Emery moved to approve the Minutes of 12 and 19 September 2011 as written and amended. Mr. Knapp seconded. Motion passed unanimously. 13. Sign Disbursement Orders: Disbursement orders were signed. 14. Other Business: Mr. Knapp moved that with regard to the McKenna litigation the City Council approve the proposed settlement agreement in the amount of $317.00 being the reimbursement for service fees and filing fees in connection with a public records request. Ms. Emery seconded. Motion passed unanimously. 15. Executive Session: Mr. Knapp moved the Council convene in executive session to discuss pending litigation, appointments to committees, contract negotiations, real estate acquisition, and personnel matters, and to resume regular session on the make an appointment and/or adjourn. Ms. Emery seconded. Motion passed unanimously. 14. Resume Regular Session: Council returned to regular session. Council made the following appointment to the Boards, Commissions, & Committee: Karen Alence- Energy Committee 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.