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HomeMy WebLinkAboutMinutes - City Council - 10/12/2016 CITY COUNCIL 12 October, 2016 The South Burlington City Council held a special meeting on Wednesday, October 12, 2016 at 6:30 PM in the Green Mountain Room, City Hall, 575 Dorset Street, South Burlington MEMBERS PRESENT: H. Riehle, Chair, M. Emery, T. Barritt, P. Nowak, T. Chittenden ALSO PRESENT: K. Dorn, City Manager, P. Conner, Director of Planning and Zoning, Dean Kirby, Richard & Lynn Schilling, Geri Millette, Gopal Pondel, Joanne Brown, Jacqueline Cappador, Aaron Whitledge, Donna & Dick Carlson, David Charpine, Ivy Shepard, Desiree Tomczyk, George & Robin Donovan, K. Muller & T. Dusablon, Kim & Gary Gaboriault, Mary Gover, Jackie & Joe Valentovick, Jason & Raynelle Tucker, John Nguyen, Joel & Lynn Kynoch, Cindy Matthew & Laddin Walsh, Devin Rainville, Solko Covke, Carmine Sargent, Maida Townsend, Nicole DeSwet, Linda Brakel, Toni Trono, Susan Metcalf, Stacee & Ross Duncan, Tyler Hart, Barbara Sirvis, Penny Martin, Matt Lyon, Thomas Chittenden, Joe Marcotulio, Gopal Poudel, Kim Robison, George Maille Chair Riehle called the meeting to order at 6:30 PM. Mr. Dorn introduced the subject of the evening’s meeting which was to hear from residents in the Kirby Road/Queensbury Road Neighborhood regarding the recently announced extension of the home buyout program by the City of Burlington (COB)/Burlington International Airport (Airport)/Federal Aviation Administration (FAA) and to share what information we have on the program. The meeting was also arranged to facilitate discussions between residents in the neighborhood regarding their plans under the buyout program. Mr. Dorn introduced Mr. Conner as the facilitator of the meeting with residents. Mr. Conner gave an overview of the history of the noise mitigation and home buyout program that has led to over 100 homes being purchased and demolished as funded by the FAA. Mr. Conner explained the type of planning that the Airport is required to do under the program noting that the Noise Compatibility Plan must be updated every 5 to 6 years or when there is a major change in Airport operations. In 2015 the FAA/Airport updated the Noise Exposure Maps as part of a study conducted under a new methodology to include the effects of topography, types of aircraft flying and meteorological affects. This new study took into account operations by the current Air Guard F-16s and their use of afterburners for takeoff. Mr. Conner noted that at a recent meeting the Airport staff had briefed members of the Airport Sound Committee on the new buyout program and a potential follow-on program that would provide funding for upgrades to some homes to mitigate the impacts of noise. The Airport is to receive $15 - $16 Million from the FAA for an upcoming round of buyouts where 39 homes are eligible for the program. Twenty-six of these homes were eligible under the original program parameters and 13 additional homes have been listed as eligible under the new study methodology. These homes are all within the 73 dbl line identified in the new study. George Maille informed the group of the benefits of the Federal Uniform Relocation Act and encouraged all residents eligible for the buyout to become familiar with that law. The buyout program is optional, there is no obligation to sell to the Airport, but if a sale occurs it must be at fair market value. Airport leadership has expressed their intention to have a window of time where eligible homeowners can reach a deal to sell and then terminate the buyout program and move to an insulation program. The goal of the insulation program is to make improvements in homes so that airport related noise is reduced below 45 dbl. Mr. Conner noted that we did not have complete information on the insulation program but that we have been told that there are new options available to include a “sales assistance” program where the Airport buys, insulated and resells the home, and a “purchase assurance” program designed to ensure a homeowner gets fair market value within some parameters when they sell on the market. The Airport will be seeking input on the program from the public and the Sound Committee over the next number of months. Mr. Conner encouraged interested members of the public to go to BTV.Aero.com for more information on the program. Mr. Conner then opened the floor up to questions. A question was asked regarding how homes in the neighborhood that are owed by the Champlain Housing Trust and are in their rental program or in their shared equity program will be treated under the proposed sound insulation program, or how shared equity homes would be treated should their homes be purchased under the buyout program. This matter will need to be researched. Mr. Maille talked about how the programs allowed the Airport to “humanize” the design, by adjusting which homes along the borders of the affected area will be purchased, or not, based upon a common sense assessment. Mary Goyer asked how homes on the south side of Kirby Road will be affected once the homes on the north side are removed. Mr. Maille noted that they could expect a 5 – 7 dbl increase in noise. Mr. Schilling asked how the arrival of the F-35 will affect the noise maps. Mr. Conner stated that the Air Force created a noise map related to their Environmental Assessment but that it was done with a prior methodology. Toni Trono asked how recent improvements that she has made to her home would translate into fair market value. A neighbor with real estate knowledge noted that appraisers take into account recent home improvements. George Maille noted that appraisers would use comparables from non-affected areas to determine fair market value. A resident expressed concern about signing up for the home insulation program and then what would happen if the F-35 arrival pushed the eligibility line out to her property. The answer to that will need to be researched. Donna Carlson noted that the noise has gotten louder at her house since the initial round of home demolition and raised the issue of outdoor noise levels. Jackie Valentovick asked how long an owner would need to stay in his/her home under the insulation program to avoid paying any money back. That question will need to be researched. A resident asked how the “home assurance” program would work; is it just a check that the selling homeowners receives? That question will have to be researched. A question was asked as to how long the money would be available for these programs. Mr. Conner noted that the funding is there for this round of 39 homes to be purchased. Beyond that it is uncertain. Ms. Nowak noted that the Airport had also received $400,000 for updating the study. The resident asked how offers to purchase would be made, how long the offers would be on the table and how long the homeowner would have to make a decision. The answer to that will need to be researched. Mr. Maille noted that the Airport did provide flexibility to homeowners under the old program. George Donovan asked about funding for the Chamberlin School noise insulation. Mr. Conner noted that Superintendent Young has learned that the school is potentially eligible for funding. Ms. Riehle reminded the group that the City of Burlington/Airport is the sole entity that can ask for funding from the FAA. Mr. Barritt asked how contractors will be selected for the noise insulation program and will there be a vetted list of contractors and how will it be determined what is needed in a home? Mr. Conner noted that it is a performance based outcome; that whatever is prescribed for a home would need to achieve an inside noise level below 45 dbl. The resident asked about what happens if not all of the money is spent on the buyouts; can it be held over for the insulation program. Mr. Conner said it is speculation but that it might be held over if we asked. Mr. Maille noted that the funding can only be used for the noise compatibility program. Ms. Riehle asked if you are in the buyout area can you chose insulation instead? Mr. Conner said he did not know and this question would need to be researched. The resident asked how the City got caught “off guard” by the announcement of the grant and program. Ms. Emery responded the program exists for airports that want to expand and that we need to find out what rights we have as a community. Mr. Maille noted the program is there to protect airports from claims of “takings” and that it is there to protect airports. Ms. Sergeant stated she had modified her home to provide better access to a child with disabilities and that she would never retrieve the money she has invested. She further noted that a core group of neighbors were going to continue to be organized to monitor activities at the airport. A resident asked what the airport plans to do with the acquired land. Mr. Conner noted that the airport is also developing a land “re‐use plan.” Mr. Conner further noted that land is currently zoned as residential and any change in zoning would have to be approved by the City Council. A resident asked why the Airport had not applied for sound insulation funds. According to Gene Richards, the Director of Aviation at the Airport, the FAA wants them to complete the buyout program before moving on to the insulation program. The question was asked what happens if the noise lines moves again before the insulation program is in place; will that create an additional delay in the insulation program? That question will need to be researched. Ms. Sergeant advocated for a South Burlington Noise Commission. Mr. Barritt encouraged everyone to get to know their neighbors so that they could help each other out. Mr. Conner noted that during the last buyout round neighbors didn’t know what others were doing and so they need to stay in touch. Ms. Riehle asked all in attendance to give us their contact information so that we could share information with them as we get it. Mr. Dorn asked if the residents would like the City to ask Burlington to suspend the program until November 14th when Mr. Richards, is scheduled to meet with the Council. Ten people raised their hands signifying that they lived in the buyout eligible area. There was no consensus of that group on asking for a delay. A resident asked whether or not the land was being purchased to enable a direct road connection to be made with the interstate. Ms. Sergeant noted that airport traffic was going down making it less likely the Airport would get funding for a road. Having completed the neighborhood discussion portion of the meeting, the Council gathered at 8:40 PM to continue their discussion of what they had learned. Councilors asked the following questions and statements; · Should the City be asking the FAA for answers directly or should we at least have our own consultant to advise us? · Should we provide Mr. Richards with a position on the issues raised? · We are interested in better understanding the role the City Council can play in the buyout program. · South Burlington’s Planning and Zoning are not part of the consideration. · Are home buyout programs expected to carry on into the future? · Will there be funding for Chamberlin? · The Council expressed concern about the process – how can we avoid the lack of clarity and transparency in the process moving forward? · How does this situation affect our relationship with the City of Burlington? Ms. Riehle stressed the importance of being involved early in the process and that we need to have a good relationship with the City of Burlington. The Council revisited some of the questions from the meeting with the neighborhood such as the mechanics of how the offers were to be made and what will happen if the F-35 arrives and the noise map changes again and if so, will the buyout come back before we can get to the insulation program? Can a wall be built to block the noise and how much would that cost? The following action items were approved by consensus; · Pursue a meeting with Mayor Weinberger to discuss the inter-city relationship; · Create a list serve or other means to get information to the neighborhood; · Find answers to the questions asked by the neighborhood such as the details of how an insulation program would work; · Talk to Champlain Housing Trust about how the insulation or buyout program would affect renters or shared equity owners; · Find out if federal funds were used in any way to finance the construction of the Kirby Cottages; · Encourage Mr. Richards to have more frequent meetings of the Airport Sound Committee. Mr. Chittenden moved to adjourn the meeting at 10:15 PM. Mr. Barritt seconded the motion. The motion passed unanimously. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.