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HomeMy WebLinkAboutMinutes - City Council - 12/17/2012CITY COUNCIL 17 DECEMBER 2012 The South Burlington City Council held a regular meeting on Monday, 18 December 2012, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; C. LaRose, City Planner; M. Mittag, B. Goldberg, J. Knapp, M. Simoneau, B. Stuono, S. Blanton, L. Mlichaels, T. Barritt, C. Baker, M. Boomhower, M. Griffin, J. Biondo, A. Voldman, T. Braun 1. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss contract negotiations and litigation and continue deliberative session on Interim Zoning applications. Mr. Engels seconded. Motion passed unanimously. Regular Session: The meeting began with a moment of silence in memory of the victims of the Newtown, Connecticut shootings. 1. Agenda Review: No changes were made to the agenda. 2. Comments and Questions from the Audience, not related to Agenda items: Mr. Mittag gave members a written communications regarding his concerns with the placement of solar panels. 3. Announcements and City Manager's Report: Mr. Miller: Attended the Library Trustees meeting on 13 December. A search is beginning for a new Library Director. Mr. Miller wished Ms. Murphy well in her retirement. Attended the VPC meeting with Mr. Conner and Mr. Rusten. Barre has been approved as the 6th TIF applicant. There is as yet no authorization for a 7th TIF, but another meeting will be held on 16 January. Attended the Airport Strategic Planning Committee meeting. Discussion included a public/private partnership. The next meeting will focus on governance. Mr. Miller asked that this be on the next agenda. Mr. Engels: The first public meeting regarding form based codes was held last Thursday. The response to the consultant's presentation was quite good. Attended the Pension Committee meeting this afternoon which included the first two presentations from proposals to manage the retirement plan. There will be 6 other interviews. They hope to narrow the field to 2 or 3 by the end of January. Ms. Riehle: Attended the form based codes meeting and felt everyone was engaged. She felt the work of the other 3 committees needs to inform form based codes. Also attended the sustainable agriculture meeting which was equally interesting. Ms. Dooley: Attended both the form based codes and sustainable agriculture meetings. Ms. Greco: Attended both the form based codes and sustainable agriculture meetings and the Airport Strategic Planning Committee meeting. Received a request from the Energy Committee to have City Council members come to their 3 January meeting (7 p.m.). Was interviewed by WDEV regarding the F-35s. Reported another incident of vandalism to her husband's car. 4. Consent Agenda: A. Approve Minutes of 1 and 22 October, 19 & 20 November, and 3 December 2012 B. Review November finances C. Land swap between Lewis Motor and the City D. Approve changes to the 2012 Grand List with the Errors & Omissions Members agreed to remove the minutes from the consent agenda. Ms. Riehle moved to approve the consent agenda minus the minutes. Ms. Dooley seconded. Motion passed unanimously. 5. Consider Appointments to the Library Board of Trustees: Ms. Blanton thanked the Board for appointing people in mid-year. She hoped the Council would make appointments tonight of people with appropriate skills. She noted the Board will be searching for a new Library Director and planning for a new Library. Ms. Dooley moved to make the following appointments: Ms. Mackenzie seconded. Motion passed unanimously. 4. Presentation of the Draft ECOS Plan from the CCRPC: Mr. Baker noted they will be taking comments until the end of the month on the website (ECOS.com). He then reviewed the process involved in creating the plan and noted that it was partially federally funded. The plan identifies 8 strategies: 1. Strengthening the economy, including the need for manufacturing sites and work force development. 2. Sustainable, smart growth, encouraging 80% of development in 15% of the County (a map of this area was provided). 3. Water quality and safety, not just flood plains but areas where erosion occurred during tropical storm Irene. 4. Working lands and rural habitat preservation, including forests. 5. Emergency preparedness. 6. Education and skills in partnership between ECOS and Chamber, trying to support schools. Ms. Greco commented that students no longer think of farming as an option and suggested working with schools on this. 7. Financing and governance, including shared services. 8. Public engagement, making sure that lower income and minority populations are not ignored. Ms. Boomhower then reviewed some specific projects: 1. Metropolitan Transportation Plan, including financial analysis of funding and proposed expenses. $1,100,000,000.00 is available for 25 years. The first priority is to maintain the existing system ($750,000,000.00). The second priority is capital improvements including alternatives to the Circ ($100,000,000.00). Ms. Boomhower noted that $850,000,000.00 is needed for projects, so they are short of funding. Transportation funding will be a major issue. Mr. Engels asked if it is anticipated that the population of Chittenden County will increase by 50,000. Mr. Baker felt this was an "aggressive" number. He said the issue is managing the growth. This is a good place to raise a family, and people want to come here. Mr. Engels noted that part of the form based codes team's focus will be on "streets as places," and he felt it was important for the team to see this. Ms. Mackenzie asked where jobs would come from for the 50,000 people. Mr. Baker said that number is based on economic growth. Ms. Mackenzie asked in which sectors. Mr. Baker suggested health, health care, education, technical services, and tourism, with a focus on higher wage jobs. Ms. Mackenzie raised the question of housing for an aging population and what this will do the schools and those who need more health care, etc. Mr. Baker said he agreed with that need. Ms. Greco offered thanks for the $50,000.00 grant the city received from ECOS. Ms. Riehle questioned whether open space should be more articulated. Ms. Greco asked if the area can sustain the estimated population growth. Mr. Baker said there is no concrete answer to this. They are trying to think of it in a positive way. There are places with more dense population than here; the question is how it fits in with the community's vision. He noted that all communities are having that discussion. He also noted the number of people who have had to leave Chittenden County because they couldn't find places to live. 7. Presentation on our Pension Assets with Prudential: Ms. Griffin said the report is for the 3 months ending 30 September 2012. In this period, the city saw a 4.62% return. The assumption is for a 7.5% return over the long term. They are now looking at how to diversify assets investment with options for equity, real estate and fixed income. Because the short term was outside of their recommendation, some assets were moved. Ms. Griffin noted that from September 2011 to September 2012, the growth went from 19.6 to 23.2. Ms. Griffin directed attention to one fund that is in the "red" and is on a "watch list." Other funds are doing very well. 8. Presentation on our Pension Valuation Report: Ms. Voldman said their recommendation for FY13 was between $556,472 and $611,104. The budgeted amount of $600,000 falls in that range. Currently, the plan is funded at 101%. Last year's funding was at 107%. The decrease is due to a rate of return that is less than expected, offset by a slowed growth in payroll. Ms. Voldman noted that a few years ago the funded status was at 45%, so the city has come a long way. Regarding liabilities, Ms. Voldman noted that the payroll in non-public safety is less than anticipated. Public safety payroll is close to what was presumed. There have been 3 new participants in the plan and 2 retirements. Ms. Voldman then reviewed the audited financial report as follows: Ms. Voldman noted there is a new standard that won't be effective until FY15, and the auditor will guide the city on this. She stressed that the city is in a good condition to deal with this change because of the improved funded status. Mr. Miller noted that in October 2010, there was city policy change which includes at least once a year reporting. He felt the City Council and the community are being well served by this. 9. Interim Zoning: Continued Public Hearings: A. Continued Public Hearing Interim Zoning Application IZ-12-06, John Larkin, 40 unit PUD (Phase I of 71 unit project), 201 Allen Road: A request was made for a continuance. Ms. Riehle moved to continue IZ-12-06 to 7 January 2013. Ms. Mackenzie seconded. Motion passed unanimously. 10. Review and Consider Open Space Committee Workplan and Membership: Ms. LaRose noted she is the staff person serving this committee. Ms. Riehle said the committee met several times and feels they need some consultant work to focus on: 1. Evaluation of natural resources outside the Southeast Quadrant (wildlife, surface waters, etc.) 2. Reassessment and possible additions to the scenic view corridors (some outside of the SEQ) 3. Development of open space requirements in PUDs 4. Site specific natural resource conservation standards (e.g., ratios of open land to population). Ms. Riehle suggested possibly connecting with the sustainable agriculture consultant with the understanding that it may result in an additional person being added for this purpose. Ms. Riehle then presented a list of committee members including all members of the Natural Resources Committee (Peter Jones, Patrick Clemens, Russell Agne, Betty Melizia, Laurel Williams, Mark Depuy, and Jonathan Miller) plus Barbara Benton of the Planning Commission, Patricia Allen of the Land Trust, Jen Kochman of the Leisure Arts Committee, and Ms. Riehle. Ms. Mackenzie said she had a conversation with Marcel Beaudin on this and suggested Ms. Riehle speak with him, especially with regard to wildlife and view corridors. Ms. Dooley questioned the goals of the committee. Ms. LaRose said she will provide these. She added that half of the first Natural Resources Committee meeting of the month and all of the second meeting of the month will deal with open space. Mr. Simoneau said he was struck by the "big picture" thinking of ECOS and suggested the need to consider those communities who share South Burlington's borders. He suggested the possibility of having someone from Regional Planning on the committee and possibly Vermont Fish and Wildlife and an independent property owner (possibly an Auclair) and possibly a Shelburne representative. Ms. Greco said she would like to see the vision and goals but did not want to slow the process. Ms. Mackenzie then moved to accept the documents and committee members as presented and expect the vision and goals statements. Mr. Engels seconded. Motion passed unanimously. 11. Review and Consider Draft Clean Air Resolution: Mr. Miller said this is a standard resolution in support of reducing green house gas emissions. He asked the Council to make a policy statement to that effect. The resolution will include steps the city has already taken. Members agreed to wait for a completed document before approval. 12. Review the "Encouraging Good Government in South Burlington" Advertisement in The Other Paper: Ms. Dooley said she wanted to provide an opportunity for members of the public to provide more specifics and for Ms. Mackenzie to provide more specifics regarding her agreement with the ad. Ms. Mackenzie said she will let her statement that she agrees with the letter stand as it is. Ms. Greco questioned Ms. Mackenzie saying that things were done or said in executive session that should have been done in open session. She wanted to hear specifics on this so it can be stopped. Ms. Mackenzie said if it happens again she will note it. She said one example she can recall was related to funding for interim zoning which should not have occurred in executive session. Mr. Miller said the intention that night was to present in executive session some personnel issues. He felt they were close to following the line pretty closely. Ms. Dooley felt the error was "cured" in a couple of hours. She felt there are different models of Council leadership and that it is important to have a respectful discussion of what those are. She felt people haven't articulated their points of view. Mr. Engels said he ran for the Council because he had heard from members of the public that the city was run by a "clique" of people with business and money interests. He felt this Council has made changes, some of which may turn out for the worst. He felt they may not go about things perfectly, but he can see a light at the end of the tunnel. He felt the Council has broad community support. Ms. Goldberg said she is a city resident who signed the letter because of continuing frustration. She hoped the Council would take it as constructive criticism. She said it was her feeling that public input was ignored regarding interim zoning and that the financial commitment should have been more clear to the public before interim zoning was enacted. She also perceived a lack of transparency and "dismissal" of opposite opinions. She said she personally experienced that and cited a letter she wrote to the Council to which she received no response. Ms. Goldberg said that in March the public approved a budget in which there was nothing listed for interim zoning. Money for interim zoning was taken from another account. She acknowledged that this is legal, but felt the public should have known. Ms. Greco said most of that money had not been designated for anything else. Mr. Knapp said he was on the Council when that budget was done. Mr. Miller had said there was money in the budget for interim zoning. The City Council chose not to put in that designated amount as an interim zoning line item. Six months later, the Council put the administration in the position of having to find that money. It was then taken from a contingency fund. Ms. Dooley said interim zoning hadn't been passed yet, and they didn't know if it would be passed, so it wasn't put in the budget. Mr. Knapp said part of the contingency fund was to be used to address the HVAC system in City Hall, but that's not what it was used for. Mr. Engels said those renovations are being done. Mr. Knapp said it is with money transferred from something else. Mr. Engels said he didn't think $300,000.00 is a lot of money in a budget of this size. He added that he agreed with Mr. Knapp that "we should have done it honestly." Mr. Knapp said if there is a surplus, it should go back to the taxpayers. Ms. Greco said some things that are being said are correct. But she said no decision was ever made in executive session. Mr. Engels said he felt the issue comes from decisions made in deliberative sessions. Ms. Greco said that is legal. Ms. Goldberg said those decisions could be made in public. Ms. Greco said the Council was new to the process and did what the DRB does, and the DRB makes decisions in a deliberative session. Ms. Riehle asked if the signers of the letter still think the City Council is not open to other opinions. Ms. Goldberg said the only committee meeting she has attended is the sustainable agriculture committee and she felt people were not listening to and respecting other opinions. At a recent meeting, Ms. Greco said to her, "You and I will never agree." Ms. Goldberg said people should not be dismissed because you disagree with them. She also recalled an incident when Ms. Riehle said to her, "You're in business," and Ms. Goldberg said that's not a bad thing. She added that that being "legal" is a fine line. Being "ethical" is more important, and it is unethical to dismiss people who don't agree with you. Ms. Riehle apologized and said she didn't mean to be dismissive. She added that she felt interim zoning addresses a way to engage the public more fully. It doesn't enact anything; it provides time to come to some conclusions. Ms. Goldberg responded that the public hearing was very verbal against interim zoning, and the law says a decision on interim zoning should be made after a public hearing. Ms. Greco also apologized. Ms. Goldberg said listening is the respectful thing to do. Mr. Knapp said a good example of how local government should work is the "complete streets" situation. Before it was implemented, a consultant was opposed. Public Works felt it could work. There was a public meeting with opinions on both sides. The Council said, "Let's try it." After it was implemented, people came in to report that it worked. Mr. Knapp then contrasted that with the interim zoning process. He said the first meeting was the week before Christmas, and the ordinance had already been written by a "clique" which had decided on how to do it. At both public hearings, a majority of people spoke against it, but the Council decided to do it anyway. Mr. Knapp also noted that the statutes require that expert studies should be done or in the process of being done before interim zoning is enacted, and that was not the case. What should have happened is that all the stakeholders should have been involved in making a thoughtful decision. Mr. Simoneau said that for him the letter is not just about interim zoning. It's about governance, and about people's feelings on how the city is being governed. He added that the people who signed the letter were committed to expressing themselves respectfully. He cited the Council's need to build trust. Mr. Knapp then read from the Statutes regarding how interim zoning should be enacted. He added that if that process had been followed, he would have supported it without question. 13. Scheduling a. Date for reconvening discussion on priorities, procedures and interim zoning matters recessed on December 11, 2012: Members agreed to meet for this purpose on 3 January, 5 p.m. b. Review possible options for Steering Committee meeting in January: Members agreed to suggest 22 January, 6 p.m. 14. Other Business: A. Items from Consent Agenda: Members agreed to e-mail concerns with the minutes and make changes at a later date. B. Bike Rack No action was taken on bike rack items. Ms. Greco noted receipt of the letter from Mr. Mittag regarding the solar installation at Dorset Park. It will be distributed to Council members to review. Ms. Greco also noted the City Council meeting is still not in the Free Press Community Calendar. She suggested calling another municipality to see how they get in. 15. Executive Session: Ms. Mackenzie moved that Council meet in executive session to discuss personnel issues and to resume regular session only for the purpose of adjournment. Mr. Engels seconded. Motion passed unanimously. 16. Regular Session: As there was no further business to come before the Council, Ms. Riehle moved to adjourn. Ms. Mackenzie seconded. Motion passed unanimously. The meeting was adjourned. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 17 DECEMBER 2012 PAGE 2 Thursday. The response to the consultant's presentation was quite good. Attended the Pension Committee meeting this afternoon which included the first two presentations from proposals to manage the retirement plan. There will be 6 other interviews. They hope to narrow the field to 2 or 3 by the end ofJanuary. . Ms. Riehle: Attended the form based codes meeting and felt everyone was engaged. She felt the work ofthe other 3 con1ffiittees needs to inform form based codes. Also attended the sustainable agriculture meeting which was equally interesting. Ms. Dooley: Attended both the form based codes and sustainable agriculture meetings. Ms. Greco: Attended both the form based codes and sustainable agriculture nleetings and the Airport Strategic Planning Committee meeting. Received a request from the Energy Committee to have City Council members come to their 3 January meeting (7 p.m.). Was interviewed by WDEV regarding the F-35s. Reported another incident of vandalism to her husband's car. 4. Consent Agenda: A. Approve Minutes of 1 and 22 October, 19 & 20 November, and 3 December 2012 B. Review November finances C. Land swap between Lewis Motor and the City D. Approve changes to the 2012 Grand List with the Errors & Omissions Members agreed to remove the minutes from the consent agenda. Ms. Riehle moved to approve the consent agenda minus the minutes. Ms. Dooley seconded. Motion passed unanimously. 5. Consider Appointments to the Library Board of Trustees: Ms. Blanton thanked the Board for appointing people in mid-year. She hoped the Council would make appointments tonight ofpeople with appropriate skills. She noted the Board will be searching for a new Library Director and planning for a new Library. Ms. Dooley moved to make the following appointments: CITY COUNCIL 17 DECEMBER 2012 PAGE 3 Elizabeth Wood 3 year term Elaine Dates remaining 2 years ofa 3-year term Donald Jenkins remaining one year ofa 3-year term Sarah 0 'Neill remaining one year of a 3-year term Ms. Mackenzie seconded. Motion passed unanimously. 4. Presentation of the Draft ECOS Plan from the CCRPC: Mr. Baker noted they will be taking comments until the end ofthe month on the website (EeOS.com). He then reviewed the process involved in creating the plan and noted that it was partially federally funded. The plan identifies 8 strategies: 1. Strengthening the economy, including the need for manufacturing sites and work force development. 2. Sustainable, smart growth, encouraging 80% of development in 15% of the County (a map ofthis area was provided). 3 . Water quality and safety, not just flood plains but areas where erosion occurred during tropical storm Irene. 4. Working lands and rural habitat preservation, including forests. 5. Emergency preparedness. 6. Education and skills in partnership between BCOS and Chamber, trying to support schools. Ms. Greco commented that students tio longer think offarming as an option and suggested working with schools on this. 7. Financing and governance, including shared services. 8. Public engagement, making sure that lower income and minority populations are not ignored. Ms. Boomhower then reviewed some specific proj ects: 1. Metropolitan Transportation Plan, including financial analysis offunding and proposed expenses. $1,100,000,000.00 is available for 25 years. The first priority is to CITY COUNCIL 17 DECEMBER 2012 PAGE 5 19.6 to 23.2. Ms. Griffin directed attention to one fund that· is in the "red" and is on a "watch list." Other funds are doing very welL 8. Presentation on our Pension Valuation Report: Ms. Voldman said their recommendation for FY13 was between $556,472 and $611,104. The budgeted amount of $600,000 falls in that range. Currently, the plan is funded at 101%. Last year's funding was at 107%. The decrease is due to a rate ofreturn that is less than expected, offset by a slowed growth in payroll. Ms. Voldman noted that a few years ago the funded status was at 45%, so the city has come a long way. Regarding liabilities, Ms. Voldman noted that the payroll in non-public safety is less than anticipated. Public safety payroll is close to what was presumed. There have been 3 new participants in the plan and 2 retirements. Ms. Voldman then reviewed the audited financial report as follows: Annual required contribution $451,351.00 Actual Contribution 600,000.00 Net pension amount 6,955,383.00 Ms. Voldman noted there is a new standard that won't be effective until FY15, and the auditor will guide the city on this. She stressed that the city is in a good condition to deal with this change because ofthe improved funded status. Mr. Miller noted that in October 2010, there was city policy change which includes at least once a year reporting. He felt the City Council and the community are being well served by this. 9. Interim Zoning: Continued Public Hearings: A. Continued Public Hearing Interim Zoning Application IZ-12-06, John Larkin, 40 unit pun (phase I of 71 unit project), 201 Allen Road: A request was made for a continuance.