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HomeMy WebLinkAboutMinutes - City Council - 08/21/2017 CITY COUNCIL 21 AUGUST 2017 The South Burlington City Council held a regular meeting on Monday, 21 August 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, M. Emery, T. Chittenden, T. Barritt ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; P. Conner, Director of Planning & Zoning; C. Holm, Public Information Officer; Chief D. Brent, Fire Department; Chief T. Whipple, Police Department; R. Weaver, Invest Employees Assistance Program; J. Kochman, S. Merrick, S. Loyer, O. & D. Bugbee, B. Milizia, G. Sproul, B. Finnigan, D. Crawford, K. Langrock, S. Pape, S. Goddard, L. Freeman, P. Stratmann 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided directions on emergency evacuation procedures. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Items #8 and #15 were deleted from the Agenda. Ms. Riehle asked to add to Other Business a brief discussion regarding the community’s values in light of recent neo‐Nazi activities. Ms. Nowak asked to add to Other Business a brief discussion regarding soliciting of funds in public rights of way. 3. Comments & Questions from the public not related to the agenda: There was no public comment. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: City Center Park will be kicking off soon. The Wheeler Task Force will meet on Thursday. Issues are being handled. There will be a Community Mental Health Collaborative meeting on Thursday. Chief Whipple is leading an effort to put together a counseling effort through Howard Mental Health. Ms. Riehle noted she had attended a meeting of all participants in the mental health effort (e.g., police, first responders, firefighters, municipal officials, etc.). Significant data from Colchester was presented regarding the skyrocketing of calls with mental health issues (doubled from last year). There was also discussion about the need for mental health counseling for first responders who are dealing with these calls. Mr. Dorn said they are developing a multi-community response, and he will have something to report on in September. Work is progressing on a lease for a temporary Library and also on a purchase/sale agreement for a permanent Library. Mr. Hubbard: Noted contact by Dave Deslauriers, the only remaining resident on his street expressing concern with people from an excavating company taking measurements on his property. They said they were instructed by the Airport to do this. Gene Richards said it was a “mistake” and apologized. Mr. Deslauriers feels this is a form of “harassment.” Ms. Nowak said she spoke with him, and he intends to continue to live there. 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes of 7 and 10 August 2017 c. Council Resolution for Lake Champlain Byways d. Council Resolution authorizing land exchange with Highlands/JAM Golf per settlement agreement Ms. Emery moved to approve the Consent Agenda as presented. Ms. Nowak seconded. Motion passed unanimously. 5. Counselors’ Reports from Committee Assignments: Mr. Chittenden said he will have a full report in September. Ms. Nowak read the last paragraph of her “Councilors’ Corner” article which she read to the Airport Commission. She indicated that she had spoken in support of a broader governing board for the Airport. The new Master Plan update will include an inventory of incoming planes (e.g., size) and a guide for future projects. If a project is not in the Master Plan, it would be hard to get it funded. Funding to address noise issues will be included in the updated plan. The noise mitigation committee meetings are continuing. Ms. Nowak said she gave Commission members the wording of the Resolution passed by the City Council and told them that she supports it as part of the city. Mr. Richards indicated he would like to clear up some items that were in the original resolution. Mr. Keogh noted that the FAA would have to approve any changes to governance of the Airport. The Airport’s bonding rating has gone up, which is a good sign. It has been estimated that 45% of the “catchable areas” fly through Burlington. All Airport administrators will be visiting all the airlines and will be discussing destinations they would like to add. Karen Paul will represent the City of Burlington on one or 2 of those trips. It was noted that subsidies to small airports may be cut, and Plattsburgh and Burlington Airports could be included in those cuts. The Winooski City Manager attended the meeting. He noted that “regionalization” is being discussed for a number of areas including the Airport. There is a possibility the Winooski City Council will adopt the new Resolution. The Winooski City Manager also noted that he had contacted the City of Burlington and has gotten no response. It was announced that on 28 August, from 2 to 7 p.m., the Boston Bruin hockey team will be at the Airport to greet the community. 6. Staff Mental Health Resources: Mr. Dorn introduced Rebecca Weaver of Invest Employee Assistance Program and also the city’s Fire and Police Chiefs. Mr. Barritt spoke of 3 tragic mental health related issues at his workplace. He has requested that every employee have access to the EAP program and be comfortable using it. He wanted to be sure that every city employee knows there is always someone who will listen. Ms. Weaver said that everyone who gets a paycheck in South Burlington and those who live with them are entitled to help under the EAP program. This help is free and confidential. Help is available for personal issues and as a resource for other types of issues (e.g., financial, day care, housing). In addition, supervisor training is available to help get employees “back on track.” There are also critical incident debriefings. A new program EAP First provides help for First Responders. Ms. Nowak asked how many communities Invest serves. Ms. Weaver said they serve employees all over the state in both the public and private sector. They do receive some state funding. Chief Whipple thanked the Council for its concern. He noted that there are more stresses, both internal and external for employees. He also said he has gotten great feedback from EAP. The Chief said one thing they have done is to add a contractor to provide an even higher level of service. He has office space in the Police Station and spends “unscheduled time” in the building, often engaging in casual conversation. There is regular critical incident debriefing and a roll call curriculum regarding stress management. There is also a lot of discussion regarding “mindfulness.” A “peer support” program has also been started with 2 officers trained and available to talk about issues. More officers will be trained in this regard. The Chief stressed that mental health of his staff is foremost in his mind. Chief Brent said the Fire Department does not have any proactive activities but has had very successful referrals to EAP. He has never heard a negative report. They have also used the Green Mountain CISD team as well as Ken Kelly, a specialist in mental health issues (now retired). Firefighters are offered whatever assistance they need. Ms. Riehle asked if the Fire Department would be better served with an on-site person once in a while. The Chief said it “wouldn’t hurt.” Ms. Weaver noted that 50% of the people who have sought their assistance have come because of presentations such as this. Mr. Dorn stressed that all city employees have access to EAP. Cards listing services will be put in with the next paychecks. He will also ask Ms. Weaver to come to a Manager’s meeting to help spread the word. Ms. Nowak noted that 2 recent St. Mike’s graduates, who were interns at her company, have started a program called “Hope Happens Here” which addresses mental health issues in college sports programs. Mr. Barritt suggested that employees be reminded quarterly of the services available. 7. Web Page Roll Out: Ms. Holm advised that they are in the process of “going live” with the new website, and are working on the final “bugs.” She then showed and identified the various elements of the site including: City News, Upcoming Events, City Council, Recreation Department, etc. She said that people can get to where they need/want to be with as few “clicks” as possible. Mr. Chittenden suggested adding a generic e‐mail in addition to the “call us” section. Ms. Holm said that can be added. Ms. Bugbee asked if the site is available to people who speak other languages. Ms. Holm said it is available in 70 languages (through Google). Ms. Riehle asked where they are budget-wise. Mr. Hubbard said they have spent about half of the $28,000 budgeted amount. Ms. Kochman noted that finding documents on the current site is almost impossible. She asked if that will be better on the new site. Ms. Holm said some of the committees have a “document section.” Ms. Kochman felt a general document section for all documents would be great. Mr. Barritt suggested a chronological milestone for everything that’s done. Ms. Holm said she would look into how to do that. Ms. Emery suggested the heading, 'How to start a business,' with links to state and local resources and useful information. Ms. Holm said there will be a communication plan to get word of the new website out to everyone. They are hoping to “go live” on Monday. 8. PACT Presentation: Ms. Merrick expressed gratitude to the Council for support of PACT. She said their work continues and they will be having the traditional events in the 2017 school year. All events are free and open to the public. The events are hosted and led by students. Ms. Merrick noted that one event they have had was “End Mental Health Stigma.” It included experts from the mental health community and was very well received. Mr. Loyer directed attention to the financial information provided. He said they are in great shape. He also noted they are beginning to see outcomes with youth continuing to be leaders beyond their school days. Mr. Bugbee, a 2017 graduate, spoke on the impact of PACT on him from the time he attended his first meeting at the age of 8 through his participation as an event host. He said the experiences improved his self-confidence and public speaking skills and also taught him empathy for those with different points of view. Ms. Nowak asked whether not having grant money in 2016 was an impediment to them. Mr. Loyer said, “We find a way.” He also said they know they can come to the Council if the need arises. He stressed that they have never had to turn away from anything. 9. Applicant interviews for appointment to committees: The Council interviewed the following applicants for city boards and committees: a. Stacy Pape – Library Board (no preference for term) b. Jennifer Kochman – Public Art Committee (no preference for term) c. Shawn Goddard – Bike/Ped Committee (no preference for term) d. Glenn Sproul – 3‐year term on Recreation/Parks Committee e. Katie Langrock – Recreation/Parks Committee (no preference for term) f. Lee Freeman – Library Board (no preference for term) g. Bonnie Finnigan – Library Board (no preference for term) h. Patrice Stratmann – Public Arts (no preference for term) i. Dave Crawford – Winooski Valley Park District, Natural Resources Committee and City Charter Committee (All three in preference order) 10. Liquor Control Board: Ms. Nowak moved the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Members considered a first class license application from Khoi Nguyen (M Saigon). No issues were raised. Ms. Nowak moved to approve the first class license application of Khoi Nguyen (M Saigon) as presented. Mr. Chittenden seconded. Motion passed unanimously. Ms. Nowak moved that the Board reconvene as City Council. Mr. Chittenden seconded. Motion passed unanimously. 11. Other Business: a. Items Held from Consent Agenda There were no held items. b. Other Regarding the panhandling issue, Ms. Nowak said in addition to the question of allowing panhandling per se, there is also a safety concern with people panhandling in the middle of the road. Mr. Dorn said he would get the City Attorney and Police Chief to look into what can be done. Ms. Riehle asked whether the Council would consider a Resolution to articulate the City Council position that neo-Nazi values being touted in Charlottesville are not part of the values of this community. Members said they would. Ms. Riehle said she would work on something for the next meeting. Mr. Dorn reminded members that the next meeting will take place at the Police Department. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Ms. Nowak seconded. Motion passed unanimously. The meeting was adjourned at 9:42 p.m. ________________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 08/22/17 Date Check No. Paid To Memo Amount Paid 8/22/2017 3245 A.P. Certified Testing LLC 1,050.00 Date Voucher Number Reference Voucher Total Amount Paid 7/31/2017 VI-14350 9648 1,050.00 1,050.00 8/22/2017 3246 E.J. Prescott, Inc. 648.09 Date Voucher Number Reference Voucher Total Amount Paid 8/3/2017 VI-14346 5272542 144.20 144.20 8/2/2017 VI-14347 5271604 362.65 362.65 8/2/2017 VI-14348 5264226 141.24 141.24 8/22/2017 3247 Ferguson Waterworks #590 397.17 Date Voucher Number Reference Voucher Total Amount Paid 8/1/2017 VI-14349 0769224 397.17 397.17 Total Amount Paid: 2,095.26 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: August 10, 2017 Page 1 of 1 CITY COUNCIL 7 AUGUST 2017 The South Burlington City Council held a regular meeting on Monday, 7 August 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, M. Emery, T. Chittenden, T. Barritt ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; Rep. M. Townsend, P. Taylor, G. Maille, J. Leas, R. Greco, B. Servis, D. Fleming, S. Swanson, S. Dopp, M. Mittag, M. Simoneau, B. Nowak, A. Karnatz, B. Milizia, E. Fitzgerald 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided directions on emergency evacuation procedures. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Dorn asked to add a scheduling item to Other Business 3. Comments & Questions from the public not related to the agenda: Mr. Maille noted that what is absent in State law is a situation where an airport is located in a different municipality than the ownership of the airport. Were this to be addressed in State law, it could allow South Burlington to enjoy the same provisions under law regarding airpo0rt expansion, equipment purchase, etc. It would exclude applying for grants. It would give South Burlington authority/participation in airport governance through the city’s governing body. South Burlington voters have never had the opportunity to vote on airport expenses as Burlington voters have. It was noted that Burlington voters do not vote on their municipal budget (as South Burlington voters do) which is determined by the Burlington City Council. Mr. Leas said this is an “accountability issue.” Addressing this in State law would give South Burlington the ability to make decisions along with the City of Burlington. They would have the ability to approve a grant, though not apply for it. Ms. Riehle asked what would happen if one community said “yes” and the other said “no.” Mr. Maille said that would depend on the language of the law. The language would require a majority of voters of each municipality. Ms. Nowak asked if this would affect private airports. Mr. Maille said it would not. CITY COUNCIL 7 AUGUST 2017 PAGE 2 Mr. Leas noted a report from the Burlington Board of Health regarding health issues due to Airport noise. The Burlington Board of Health jurisdiction is limited to the City of Burlington. Mr. Leas suggested adding to the South Burlington City Charter the ability of the city to impose similar fees to the Airport that Burlington now imposes. These could include emplanementenplanement and/or landing fees, car parking fees, car rental fees, and fees for concessions. Burlington derives $19,000,000 a year from these fees. If South Burlington could derive income from such fees, that money could be used for such things as insulating Chamberlin School and area homes, installing sound-deflecting walls/berms, and purchasing sound measuring equipment. Ms. Nowak noted this would have to go through the city’s City Charter Committee. Mr. Maille suggested the City Attorney look at this as well and then work with the city’s legislative contingent. On another items, Ms. Riehle noted receipt of a letter from Leslie Hunt regarding the Mozart Festival and the kindness of Joe Gebo of the Public Works Department to her friend in a wheelchair. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: He and Mr. Hubbard have been attending meetings in other communities regarding Airport governance. He noted that Winooski has already passed a resolution The Affordable Housing Committee is meeting tomorrow and is working with the Planning Commission on housing issues. The Joint Committee on Mental Health will be meeting with State officials later this week. A meeting with Gene Richards regarding Airport issues was held last week. The Airport will probably acquire a property on Berard Drive. They will probably demolish the existing building which is in very poor condition. The discussion also included the proposed hotel proposal. City Fest will be held on Saturday, 12 August at Veterans Park. CITY COUNCIL 7 AUGUST 2017 PAGE 3 There will be a “master planning party” tomorrow from 5-7 p.m. at the Underwood Property. 5. Consent Agenda: a. Sign Disbursement b. Approve Minutes of 5 July and 17 July 2017 c. Approve the designation of Stitzel, Page and Fletcher as the City’s attorney for tax sale collections d. Authorize the City Manager to sign the Grant Application for the Expansion of Stormwater Treatment Practice on Route 7 e. Authorize the City Manager to sign the Grant Application for a Scoping Study Related to the Failed Kimball Avenue Culvert Ms. Nowak moved to approve the Consent Agenda as presented with some typographical corrections in the Minutes. Mr. Chittenden seconded. Motion passed unanimously. 6. Councilor reports from outside committee/board assignments: Ms. Nowak noted that she brought up the subject of the Council’s discussion of the Resolution regarding Airport governance. She also told them the city would be asking Legislators to bring forth some Airport issues. Commission members asked “why are you fixing something that isn’t broken?” The Commission also was shown pictures of the proposed Airport hotel which looked very attractive. It will have 104 rooms and will be located at the south end of the parking garage and will connect to the Airport through the garage. Ms. Riehle asked about housing of flight attendants. Ms. Nowak said their airlines probably have contract with different area hotels. 7. Consider and Possibly Take Action on a Draft City Council Resolution on Climate Change; and 8. Report on Current and Future Planned Activities of the Energy Committee: Mr. Swanson advised that the Committee is still waiting to hear regarding the Georgetown prize. He said the Committee’s conclusion is that the results in South Burlington are “the prize.” The city residents saved 6% in energy usage and about 5% on gas. This results in a CITY COUNCIL 7 AUGUST 2017 PAGE 4 $750,000 annual savings in residential energy usage. The municipal savings calculations are still being done. Mr. Swanson cited the help received from partners such as Efficiency Vermont, Green Mountain Power, Vermont Gas, The Other Paper, Vermont State Employees Credit Unions and Hagen Associates as well as the efforts in schools and the municipality. Mr. Swanson asked the city to join the coalition of many communities, businesses, energy providers, colleges, etc. regarding addressing climate change. He said this is a multi- dimensional problem. He cited great strides made regarding auto emissions and noted there are things governments can do that will be effective (e.g., purchasing equipment, managing buildings, dealing with development, etc.). The pledge made at the Paris accord was to cut carbon emissions by 2025. In May, 30 CEOs issued a letter in support of the Paris Accord. Mr. Swanson asked the City Council to support the Resolution and to help develop a plan to achieve the goals. Ms. Nowak asked what kind of financial support would be required of the city. Mr. Fleming said it would be whatever the city decides. He stressed that the actions the city has taken in the past have paid for themselves. Ms. Riehle cited the revenue source from the solar array at the landfill. Mr. Fleming said he felt the main issue would be staff time. Mr. Swanson said he is working with the Burlington Mayor and the Electric Department regarding the alignment of Burlington’s net zero goals and this initiative. The city is finding opportunities that they would previously not have found. He felt that what South Burlington has done is incredible, but there needs to be a policy statement as well. Ms. Nowak praised the “tenacity” of the Energy Committee. Mr. Dorn said this is City Council policy-making at its best. He noted there will be a “relevant announcement” at the 5 September meeting that will dovetail with this initiative. CITY COUNCIL 7 AUGUST 2017 PAGE 5 Ms. Emery then moved to pass the Resolution on climate Change with the amendment in the second paragraph changing “staff” to “manager.” Mr. Barritt seconded. Motion passed unanimously. 9. Interview Applicants for South Burlington Energy Committee: It was noted there are 3 applicants for re-appointment which will still leave one vacancy. Members agreed to waive the interviews for reappointments. Ms. Nowak moved to reappoint Sam Swanson, Linda McGinnis and Patti Tashiro to the Energy Committee. Mr. Barritt seconded. Motion passed unanimously. 10. Consider and possibly approve the appointment of Paul Stabler to the Board of the Chittenden Solid Waste District: Ms. Nowak moved to reappoint Paul Stabler to the Board of the Chittenden Solid Waste District. Ms. Emery seconded. Motion passed unanimously. 11. Council Discussion regarding Potential Land Conservation Opportunity: Ms. Dopp of the South Burlington Land Trust and Mr. Karnatz of the Vermont Land Trust said they have been working together regarding land owned by the Ewing Family and the Ewing Family Trust that the family wishes to conserve. The location of the property was shown on a map, and it was noted that the property of about 120 acres is in the area surrounding Shelburne Pond. Most of the property is in the Town of Shelburne, but about 10 acres (indicated on the map) is in South Burlington and is adjacent to Muddy Brook. Mr. Karnatz identified a number of conserved nearby properties and also some open undeveloped land. The Ewing family would like to sell a lot of their property. Bread and Butter Farm would like to buy property for grazing land. Mr. Karnatz said the Nature Conservancy intends to buy 48 acres in Shelburne and eventually convey that land to UVM. They already own the abutting land. Mr. Karnatz said the Ewings will take 40% less than the value of the property in order that it CITY COUNCIL 7 AUGUST 2017 PAGE 6 be conserved. An easement would prevent in perpetuity any future development on those lands. Mr. Chittenden asked about the process for selecting properties for conservation. Ms. Riehle said the Natural Resources Committee uses a matrix they developed to evaluate the properties and then advises the council om the properties.advises the Council on the value of properties, and the Council makes the final decisions. Ms. Nowak noted that the South Burlington piece of the property looks landlocked. Mr. Karnatz said it is; however, there is a right-of-way that would connect it so there could be public access. Ms. Dopp noted that the South Burlington Land Trust would provide “modest help” in this effort. Mr. Karnatz said they might have to raise $100,000 in addition to grants they would receive. Ms. Nowak asked what would happen if Bread and Butter Farm ever sold their property. Mr. Karnatz said the stipulations regarding the land would stay in place. There is also a provision for the Vermont Land Trust to purchase the property. Ms. Milizia noted that Ms. Dopp spoke to the Natural Resources Committee regarding this property. Committee members would like more information/detail. Mr. Karnatz suggested a field trip. Mr. Karnatz said it is their hope to have a contract in the next month or so, and they will come back to the Council withll further information. 12. Chittenden County Public Safety Authority – Union Municipal District Overview: Mr. Dorn noted this has been a year-long project, a combined effort to consolidate dispatch services among communities. It is a concept that dates back to 1974. He noted that a “union municipal district” is a vehicle to combine services among municipalities. CITY COUNCIL 7 AUGUST 2017 PAGE 7 Mr. Dorn showed how 911 calls are now routed. South Burlington calls go first to Williston, then are transferred to South Burlington. It is actually a “transfer service” which adds 71 seconds to each 911 call. The National Fire Protection Association recommends that 90% of emergency calls be processed within 60 seconds. Regionalizing dispatch service would save those 71 seconds. Mr. Dorn then explained the current staffing situation for dispatch and noted that with a significant event, a staffer could be overwhelmed. He added that “mutual aid” is requested through a manual process and could be dispatched from an appropriate location. There is no dedicated oversight during fire/EMS calls for service. With consolidation, service could be brought up to industry standards. Mr. Dorn noted that entities such as Champlain Water District and Chittenden Solid Waste District are examples of existing regional districts. The agreement to form a Union Municipal District for dispatching would be like a charter and would be worked on by legal counsel (including South Burlington’s City Attorney) and would require State approval. Citizens in each member community would be asked to vote by Australian ballot, hopefully in March, 2018. A Board of Directors would be established. Training would be provided, and there would be 5 trained dispatchers at work at any given time. Never again would one dispatcher be working alone. A provision of the Agreement would provide services to other communities within and outside of Chittenden County. Individual legislative authorities would have the authority to control the budget. Cost-sharing would be based on a cost per call/3-year basis. South Burlington would commit its current budget for dispatching to the District. Mr. Dorn noted there would be a savings to South Burlington based on projections; however, he stressed that the city “is not in this to save money.” It’s about the 71 seconds and about sending the right equipment at the right time. Mr. Dorn also noted that without the City of Burlington the mix would be challenging. Burlington is now making an investment in software equipment that would transfer to the Union Municipal District. This equipment combines GIS, communications, etc. CITY COUNCIL 7 AUGUST 2017 PAGE 8 Mr. Chittenden asked if this is a trend that is happening elsewhere. Mr. Dorn said it is. It has been done successfully elsewhere in New England. It is also being tried in the Barre-Montpelier area. Mr. Barritt felt this would be more efficient. Mr. Dorn said there will be economies of staffing. Mr. Barritt said he hoped the total spent would be less than the total now spent by the member towns. Mr. Dorn noted that the site initially chosen for the dispatching service is the second floor of the South Burlington Police Station. The hope is to get this going in July, 2018 with 2 communities and then to add communities incrementally. Sometime this fall, South Burlington and Colchester will bring dispatchers together in the same room at the Police Department to work side by side. Ms. Emery asked if there would be up front costs. Mr. Dorn said funding would come from current dispatch funding. The MOU outlines how the rest of the transition would go. He added that Bobby Miller has provided a great rate for the facility. Other upgrades dovetail with what is already in the city’s CIP. Mr. Dorn said they are aiming for a public vote in March for the city to join the Union Municipal District. All 9 communities would be voting at the same time. 13. Consideration and possible action on a Joint Resolution calling for Regional Governance of Burlington International Airport: Mr. Chittenden said this has been a topic for a long time. In 2013, a committee of 12 people recommended to the Burlington City Council that regional governance be explored. Mr. Chittenden stressed that the Airport if not “broken”; there are, however, problems. Mr. Chittenden noted that since 1948, the voters of Burlington have not paid into the Airport. He felt they should not be making all the decisions regarding that Airport. He also stressed that his aim is just to move the discussion forward. CITY COUNCIL 7 AUGUST 2017 PAGE 9 Ms. Emery said the Council was told there would be a special meeting on this subject. She didn’t see how the Council can follow the process that was discussed at its last meeting. Ms. Emery asked if there is a way for South Burlington to have joint ownership of the Airport. She didn’t think the problems laid out by Mr. Chittenden are all based on fact. She specifically cited the impact of international dollars rather than governance as relating to emplanementsenplanements. Ms. Emery said the 2012 committee recommended the Airport Commission have power regarding hiring of the Airport Manager. Their report also requires some financial obligation of governance partners. Ms. Emery said she would like to correct the errors in Mr. Chittenden’s proposal and put South Burlington interests in the foreground, with Burlington and South Burlington as joint Airport owners. Ms. Nowak said she would not vote for the resolution in its current form as it has not been fleshed out enough by the Council. She also felt there are more productive ways to engage the Airport. She stressed that the Airport is a great economic engine for the State and ranks 111th out of 1400 airports in emplanementsenplanements. Ms. Nowak felt the city needs to “hammer” the Airport and FAA regarding noise mitigation for the school. She didn’t feel berms are out of line if they can be shown to work. She felt the city needs to have a strong voice on that. She wanted the city to have a voice on how mitigation dollars are spent. She also questioned the “out” if regionalization didn’t work. Mr. Chittenden felt the city’s hand is strong if they stand with their neighbors. Ms. Riehle said she takes responsibility for not having the special meeting the Council had asked for. Mr. Barritt noted that at this time, South Burlington has no share in the governance of the Airport. The current proposal would give the city a seat at the table. He felt they have to try everything possible and should give this a try. He did feel there would be a lot of resistance from Burlington over the resolution. CITY COUNCIL 7 AUGUST 2017 PAGE 10 Ms. Emery was concerned that South Burlington would be only one of 7 voices. Ms. Riehle said Winooski will be as affected as South Burlington is now. Ms. Nowak said there should be a special meeting with specific items to address. She felt that without a better discussion and with the inaccuracies in the resolution she couldn’t vote for it now. Ms. Emery said she wants to see Burlington/South Burlington Airport ownership. She felt that with that there could be governance by a board that includes Winooski and other communities. Ms. Nowak said there needs to be discussion with the State to see if they are even interested in owning the Airport. Ms. Riehle said she is amenable to a special meeting to work on language. She stressed the need to consider viability of the Airport for the state economy. Ms. Emery felt that South Burlington should have more jurisdiction because the Airport is in the city. She didn’t see South Burlington’s interests put forward in the given document. Members agreed to hold a special meeting on Thursday, 10 August, 6:30 p.m. Mr. Maille cited the issues he and Mr. Leas had raised and noted that governance is addressed by state law as well as ownership. He felt that Section 608 could make it clear as to what South Burlington is in a position to do and would address all the concerns without addressing any new law. Mr. Leas noted the words “intermunicipal committee” are already in State law. Mr. Maille suggested changing some of the “resolves” in the resolution to be in harmony with what already exists in State law. 14. Consider Commencing Proceeding to Alter the Right Of Way for Dorset Street & Market Street, STP5200(17): Mr. Dorn explained that the City would go through an eminent domain process when there is no agreement for right-of-way. Ms. Emery asked if the City would purchase the properties. Mr. CITY COUNCIL 7 AUGUST 2017 PAGE 11 Dorn said they would. Funds for this are part of the Market Street budget. Some actions are temporary easements, and some of the property will be donated. Mr. Chittenden moved to commence proceedings to alter the rights-of-way for Dorset Street (Town Highway 5) and Market Street (Town Highway 228) pursuant to 19 V.S.A. Section 708(a) as depicted on the plan set entitled “Proposed Improvements, South Burlington, Vermont, County of Chittenden, STP 5200(17), Right-of-Way Plans,” Project No. STP 5200(17), Sheets 1 through 10, prepared by VHB. Mr. Barritt seconded. Motion passed unanimously. 15. Discuss Scheduling Issues for Potential Hearings on Rights-of-Way: Mr. Dorn said September 18, 19 and 20 would be ideal. Members agreed to hold the hearings on those dates at 6:30 p.m. They asked that the regular Council meeting on 18 September have as short an agenda as possible to accommodate the hearings. 16. Other Business: Mr. Dorn noted that the 5 September Council meeting is in conflict with the DRB for use of the Conference Room. Members agreed to hold that meeting at the Police Department building. Mr. Dorn noted that the “minutes system” appeared to be breaking down. Members were OK with trying the system again. Mr. Dorn said he would not want to spend the day on the phone inviting people to attend Council meetings. Council members should take care of this. Members felt this was reasonable. 17. Executive Session: Ms. Emery moved that the Council enter executive session to discuss personnel matters, receive confidential attorney-client communications made for the purpose of providing professional legal services to the body, and the negotiation or securing of real estate purchase or lease options matters where premature disclosure would put the city at a substantial disadvantage, Mr. Dorn and Mr. Hubbard to be included in the executive session. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 7 AUGUST 2017 PAGE 12 The Council entered executive session at 10:30 p.m. and resumed regular session at 11:20. Ms. Nowak then moved to approve the Letter of Intent. Ms. Emery seconded. Ms. Riehle explained the details of the Letter of Intent and the need for a future co-executive session between the City Council and School Board to discuss the future MOU. In the vote that followed, the motion passed unanimously. Ms. Fitzgerald, School Board Chair, said she had not seen the Letter of Intent, and that the School Board would not be prepared to discuss it until its September meeting as Superintendent Young is away and will not be at the next August meeting. As there was no further business to come before the Council, Mr. Barritt moved to adjourn. Ms. Nowak seconded. Motion passed unanimously. The meeting was adjourned at 11:26 p.m. ________________________________ Clerk SPECIAL CITY COUNCIL 10 AUGUST 2017 The South Burlington City Council held a special meeting on Thursday, 10 August 2017, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, M. Emery, T. Chittenden, T. Barritt ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; G. Maille, J. Leas, S. Marriotteriot, R. Greco, B. Nowak, P. Taylor, K. Jarvis, F. Gill 1. Directions on emergency evacuation procedures from conference room: Mr. Dorn provided directions on emergency evacuation procedures. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments & Questions from the public not related to the agenda: Mr. Marriotteriot thanked the Council for its hard work on contentious items. 4. Consider and possibly act upon a Joint Resolution calling for Regional Governance of Burlington International Airport: Ms. Riehle reviewed the history and noted that the City of Winooski has voted to support the original draft. She also noted receipt of a memo from the City Attorney regarding his analysis of proposed amendments to State Law presented on 7 August. Mr. Chittenden said he looked to combine Council members’ comments into a “Tom 2” document. He felt it was important to include the State in the discussion as it has an interest in the Airport as do other communities. He stressed that his aim is just to start the conversation. He also noted that he had deleted the last “bullet” before the “be it resolved” section. He added that he was OK with removing the 2 blocks on p.3 if members want them removed. Ms. Emery wanted to include the St. Michael’s piece because of comments made by Nick Longo that a part of St. Michaels is directly affected. Ms. Riehle said that Shelburne and Essex are also potentially impacted and she felt the Council has to define the “real impact.” She added that there is no doubt that South Burlington, Winooski and part of St. Michael’s in Colchester are more impacted as to health and safety and to potential “buyouts.” SPECIAL CITY COUNCIL 10 AUGUST 2017 PAGE 2 Mr. Dorn noted there is a VOR station in Shelburne which helps to enable planes to land. Mr. Jarvis said there is also aviation activity behind the Teddy Bear operation. Ms. Nowak noted the statement about Plattsburg luring the Quebec market and said that BIA is also doing that, including having its personnel learn French. She said that emplanementsenplanements in Plattsburg were down 1% last year. Ms. Emery was OK with taking that piece out of the document. Ms. Emery said her biggest concern is that if BIA were turned over to the State, South Burlington could no longer tax and would have notnot have decision power. With joint ownership, South Burlington can have some decision power even if it didn’t have taxing power. Mr. Chittenden said there is no assurance that South Burlington couldn’t get taxing power. Ms. Nowak asked about the anticipation for taxing power and noted receipt of an opinion from the City Attorney. She also noted there would have to be legislative action and City Charter changes to allow South Burlington to have taxing power. She also stressed that the Airport Commission has only an advisory status. Ms. Emery cited the opinion of the 2012 committee that the Airport Commission could be allowed to sign off on expenditures up to $200,000. This would involve changing the composition authority of the Commission. Ms. Greco said she had sat in on the meeting of the Committee when that discussion was held. The Committee looked at a number of models including one in which the Airport Commission actually had power. She noted that when it came to the final meeting, South Burlington no longer had a voting member on the Committee (Mr. Miller had left). The recommendation was to keep the status quo. The Committee realized this was a very contentious issue and that Burlington would “never buy it.” There were no votes taken. Mr. Barritt asked if there is a way that Burlington could be compelled to give up ownership of BIA. Mr. Chittenden said there is. The State writes the Charter, and a lot of Airport land is now owned by the State. Ms. Riehle added it could come down to legislative authority, and Burlington could be forced to come to the table to discuss a more equitable management of BIA. Mr. Dorn said he didn’t think there is a way in the law to force Burlington. He did note that all grants go through the State, and the State could create a “choke hold” on funding (the State has a 5% share of grants). SPECIAL CITY COUNCIL 10 AUGUST 2017 PAGE 3 Ms. Nowak said she didn’t see Burlington being willing to give up ownership and control of BIA to surrounding communities. Ms. Emery asked what Rep. Townsend has done. Mr. Dorn said she has spoken with legislative counsel. Ms. Riehle said there has been no answer yet as far as she knows. Mr. Chittenden then explained how a joint governing body would “separate” governance. Ms. Nowak asked what it would take. Mr. Dorn said BA could become a regional body through a “regional governing district” (similar to what is happening with dispatching). This joint regional/State governing body would be a unique entity in the State. Ms. Nowak said this could mean “Burlington owned, regionally governed.” Mr. Chittenden said there were 4 models suggested by the Committee one of which would have Burlington owning the Airport but having it governed by a separate entity. Mr. Dorn noted there are also practical implications involving employees. If BIA continued to be owned by Burlington, employees would work for Burlington. If BIA became State-owned, employees could be State employees. Creation of a separate entity would create a challenging situation regarding employment. Ms. Nowak noted the change from the original intention and said that information from Monday’s meeting moves from just changing the governance of BIA. Mr. Chittenden said neither of his proposals (Tom 1 and Tom 2) precludes that discussion. Mr. Barritt noted there is no State-owned, regionally governed airport in Vermont. He suggested being more “indirect” about governance, something like “an entity other than the City of Burlington itself.” Ms. Nowak said if she were sitting on the Burlington City Council, she wouldn’t get beyond the first “whereas.” Mr. Maille said it wasn’t his and Mr. Leas’ intention to challenge ownership, just to challenge governance. He cited the uniqueness of having an airport owned by one jurisdiction wholly located in another jurisdiction. He disagreed with the City Attorney’s assessment that this is not an oversight in legislation. He didn’t believe the Legislature had this situation in mind. Ms. SPECIAL CITY COUNCIL 10 AUGUST 2017 PAGE 4 Riehle noted the legislation was adopted in 1941, and she didn’t know if it was ever amended. Mr. Maille said it was amended once in 1985. The impetus of those amendments had to do with pollution control and noise. Mr. Dorn said there are at least 3 narrow, very specific statutes regarding an airport owned by one community but located in another community. There are other references in statutes that deal with this. The City Attorney felt there was no oversight. He added that the statute was designed to promote airports and to encourage the creation of airports. Mr. Maille said it was also to continue the health of an airport over time. Mr. Dorn said it was not for the State to assert itself into the governance of an airport. Mr. Maille felt that as written, the statutes shouldn’t preclude the recognition that South Burlington should have the opportunity to join in governance. Mr. Barritt said he feels the City of Burlington is not listening to South Burlington. He thought the wording to bring the State in was to get Burlington to listen. Ms. Nowak felt there are 2 issues that can be moving forward at the same time: first, the legislative issue to find out what opportunities there are (including how much time the city has to lobby for changes). Mr. Dorn felt it would be a major political challenge. Mr. Gill, a resident of the City of Winooski, said he was present when Winooski passed the Resolution. He said this has been a great conversation and he recognized there are a lot of issues involved. He felt that step one of the puzzle is to get Burlington to form a committee to study this. The details being discussed tonight would constitute the second step. He felt the city would be in a stronger position if it said to the State that it tried to go to Burlington but they turned it down. He urged the Council to pass the Resolution with as few “whereas” clauses as possible. He also suggested wording that would not be a “threat” to Burlington. Ms. Nowak said she felt a broadening of governance could be accepted by Burlington but not a change in ownership. Mr. Gill suggested saying the “current structure is not fair.” SPECIAL CITY COUNCIL 10 AUGUST 2017 PAGE 5 Ms. Emery said she felt taking a broad view of what the region needs, not just the survival of the airport, they could catch the attention of the Governor. Mr. Dorn said he felt the only thing that will get Burlington’s attention is a whole lot of communities saying the same thing. Mr. Barritt suggested saying something simple: ask Burlington to give up ownership of BIA to the state and control to a regional authority. Ms. Nowak said they don’t even know if the State has any interest in owning BIA or whether they have the money to do so. Ms. Emery then suggested 6 “whereas” items which she felt addressed the concerns of all Council members. Mr. Chittenden then moved and Ms. Emery seconded approval of the following Resolution: WHEREAS the Burlington International Airport (BIA) serves as a critical component of Vermont’s economic development and transportation infrastructure; and WHEREAS, in addition to the City of South Burlington, City of Winooski, which are the most affected cities, the Town of Williston, the Town of Colchester and other adjacent communities are directly affected by the general operations of the BIA, particularly from a noise, safety and traffic perspective; and WHEREAS the citizens of the City of South Burlington, City of Winooski, which are the most affected cities, the Town of Williston, the Town of Colchester, the Town of Essex, and the Town of Shelburne, and other adjacent communities affected by the ongoing BIA operations on the ground and in the airspace over their communities have no ability to address their concerns through shared governance in Airport decision making; and WHEREAS the BIA has begun the planning process to develop a Noise Compatibility Program update that will guide the investment of potential future FAA funds in approved noise SPECIAL CITY COUNCIL 10 AUGUST 2017 PAGE 6 abatement remedies that should set as a priority the protection and preservation of workforce housing; and WHEREAS while the City of Burlington holds “title” to the BIA, it does not “own” BIA in the classic sense of paid for through taxpayer investments (as that context of ownership reflects who actually paid for the assets, revenues were provided through the enterprise by passengers from throughout Vermont and the world who have arrived or embarked from BIA, commercial lease holders and other customers and by the largest of its funds being the FAA); and WHEREAS, as for the issue of governance, the June 2013 BIA Strategic Planning Committee recommendations include the following “Action Step” – “Concurrently work with the State and other potential regional partners to create a regional authority model to be implemented…” yet four years later, there has been no effort to pursue this “Action Step,” again calling into question whether or not any Action Steps have been pursued or accomplished; THEREFORE BE IT RESOLVED THAT THE South Burlington City Council requests that: 1. The Burlington City Council consider forming a commission that reviews the structure of the BIA that would include representation from Burlington area and other affected communities in the region; and 2. That the matters considered by the commission would include regional infrastructure, governance and ownership; and 3. That should neither of the actions requested in the first two resolved clauses be initiated in a reasonable period of time as determined by the undersigned, that the Governor of the State of Vermont appoint a committee made up of representatives from affected communities in the region and from the State to form a plan. Ms. Nowak asked that no addendums be included with the Resolution. Ms. Riehle said she had a problem with that as other communities may want to know South Burlington’s thinking that led to this conclusion. She felt it was fair to say these are the concerns that led us to this action. Ms. Nowak said she agrees with the Whereas and Resolve statements but could not support the Resolution without the assurance that there would be no addendums presented. SPECIAL CITY COUNCIL 10 AUGUST5 2017 PAGE 7 In the vote that followed, the Resolution was passed 4-1 with Ms. Nowak voting against. Mr. Chittenden said he had made a promise to get a vote on “Tom 2” and moved its adoption. There was no second, and the motion was withdrawn. As there was no further business to come before the Council, Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:30 p.m. ________________________________ Clerk CITY OF SOUTH BURLINGTON CITY COUNCIL A Resolution reaffirming the City’s participation in the Lake Champlain Byway WHEREAS, by resolution on November 5, 2001, the City of South Burlington City Council supported the designation of the Lake Champlain Byway in the City of South Burlington; and WHEREAS, on May 7, 2002, the State Transportation Board formally designated the Lake Champlain Byway as a Scenic Byway; and WHEREAS, by resolution on January 7, 2008 the City of South Burlington City Council fully supported the City’s continued participation in the Lake Champlain Byway and the formal recertification of the Byway; and WHEREAS, since 2002, the City of South Burlington has worked with the Chittenden County Regional Planning Commission (CCRPC) and others to implement a variety of projects to develop the Byway and enhance the traveler’s experience through improvements to transportation and interpretation of local intrinsic resources; and NOW, THEREFORE BE IT RESOLVED that the City of South Burlington finds the 2017 Lake Champlain Byway Chittenden County Corridor Management Plan prepared by the CCRPC to be in accordance with the City’s planning goals and objectives THEREFORE, BE IT FURTHER RESOLVED that the City of South Burlington fully supports the City’s continued participation in the Lake Champlain Byway. DULY ADOPTED THIS __________ day of _______________, 2017. SIGNATURE _____________________________ _________________ Chair Date ATTEST _____________________________ Title: ________________________ EXHIBIT #1 TRC TRC 1" = 150' 98144.33 P1 LOCATION MAP NOT to SCALE A C E VERMONT NATIONAL COUNTRY CLUB and the CITY of SOUTH BURLINGTON SOUTH BURLINGTON, VERMONT DEC. 14, 2012 SURVEY of LAND EXCHANGE BETWEEN DRA F T for R evi e w To the best of my knowledge and belief this plat depicts the results of a survey conducted by me as described in "Survey Notes" above, based upon our analysis of land records and evidence found in the field. Existing boundaries shown are in substantial conformance with the record, except as noted. This plat is in substantial compliance with 17 VSA 1403, "Recording of Land Plats". This statement valid only when accompanied by my original signature and seal. ____________________________________________________ Timothy R. Cowan VT LS 597 - LEGEND of SYMBOLS - 1. Purpose of this survey and plat is to delineate, monument and document the boundaries of three parcels of land to be exchanged between Highlands Development Co., Inc., JAM Golf, LLC ,and the City of South Burlington. Basis of survey is the plat titled: "Economou Farms Golf Course Plat - Southeast Parcel - Property of Economou Farms, Inc.", last revised 8/1/1996, by Civil Engineering Associates, Inc, recorded in Plat Volume 386 Pg. 171, South Burlington Land Records. 2. Additional field survey as required was conducted during Winter-Spring 2012, utilizing RTK GPS, and an electronic total station instrument. 3. Bearings shown are from Grid North, Vermont Coordinate System of 1983 based on our *36REVHUYDWLRQVDWWLPHRIVXUYH\7KLVRULHQWDWLRQGLIIHUVVRPHZKDW DSSUR[LPDWHO\ƒ  from the record orientation, which was from Astronomic North. 4. New corners shown as "CMP" or "Concrete Monument Proposed" shall be marked with 4" square concrete monuments with aluminum caps stamped "Civil Engineering Assocs. - VT LS 597", typically set flush with existing grade. 5. Numerous iron pipes and rods marking individual lot corners for the Butler Farms and Oak Creek Subdivisions on the east are omitted hereon for clarity. 6. South line of the 6.91 acres parcel is designed to exclude the paved recreation path. It is not necessarily parallel with or concentric to the southerly line of Park Road. - SURVEY NOTES - JAM Golf reserves 15-foot-wide easement for a drainage pipe over a portion the 21.88 acre parcel, to be centered on the drain as built. Also reserved are rights to the existing pond for storm water storage and treatment, and conveyance to the stream behind the 12th tee. Pendi n g EXHIBIT A P:\AutoCADD Projects\1998\98144.33\1-CADD Files-98144.33\PARKLAND-PLAT-2012.dwg, 7/8/2015 8:12:09 AM, aloiselle LOCATION MAP NOT TO SCALE A C E HIGHLANDS DEVELOPMENT CO., LLC VERMONT NATIONAL COUNTRY CLUB 1227 DORSET STREET SOUTH BURLINGTON, VERMONT SOUTH BURLINGTON, VERMONT P:\AutoCADD Projects\1995\95270\95270C2-1 Master Plan Applic 2011.dwg, 7/8/2015 8:05:30 AM, aloiselle SOUTH BURLINGTON 1" = 150' JULY, 2015 ACL DSM VERMONT 98144.33 F C A E VERMONT NATIONAL COUNTRY CLUB and the CITY of SOUTH BURLINGTON LAND EXCHANGE WORKSHEET EXHIBIT F P:\AutoCADD Projects\1998\98144.33\1-CADD Files-98144.33\PARKLAND-PLAT-2012.dwg, 7/8/2015 8:53:00 AM, aloiselle EXHIBIT #2 EXHIBIT #3 RESOLUTION A RESOLUTION REGARDING A LAND EXCHANGE BETWEEN THE CITY OF SOUTH BURLINGTON, JAM GOLF, LLC, AND HIGHLANDS DEVELOPMENT COMPANY, LLC WHEREAS, the City of South Burlington, a Vermont municipal corporation, JAM Golf, LLC (“JAM Golf”) a Vermont limited liability company, and Highlands Development Company, LLC, a Vermont limited liability company, (“Highlands”; collectively, the “Parties”) have been involved in many years of litigation regarding JAM Golf’s and Highlands’ Master Plan application in which it proposed to develop certain “development areas” (or neighborhoods) surrounding the Vermont National Country Club golf course; and, WHEREAS, in an August 24, 2015 Amended Agreement, the Parties entered into a settlement that contemplates a land exchange to resolve pending appeals before the Environmental Division of the Vermont Superior Court; and, WHEREAS, the permits necessary to proceed with this land exchange, as contemplated in a March 27, 2017 Second Amended Agreement, were issued over the last couple of months and are now final. NOW THEREFORE, BE IT RESOLVED that the South Burlington City Council authorizes and approves: 1. The conveyance of a 0.34-acre, more or less, parcel of land southerly of Park Road and easterly of Dorset Street to Highlands Development Company, LLC; as well as the conveyance of a 6.91-acre, more or less, parcel of land with an associated stormwater drainage easement at the northeasterly corner of the intersection of Park Road and Dorset Street to JAM Golf, LLC; and to authorize City Manager Kevin Dorn to execute the Warranty Deeds, closing statement, tax returns and any other closing documents related to this transaction, pursuant to the August 24, 2015 Amended Agreement Among the City of South Burlington, Highlands Development Company, LLC and JAM Golf, LLC, as amended, and the Environmental Division of the Vermont Superior Court’s September 28, 2015 Amended Consent Decree and Order in Docket No. 194-10-03 Vtec. 2. Acceptance of a conveyance of a 21.88-acre, more or less, parcel of land from JAM Golf, LLC, subject to easements reserved by JAM Golf, LLC, for stormwater drainage, pipes and ponds and for normal golfing activities, and to authorize City Manager Kevin Dorn to execute the closing statement, tax returns and any other closing documents related to this transaction, pursuant to the August 24, 2015 Amended Agreement Among the City of South Burlington, Highlands Development Company, LLC and JAM Golf, LLC, as amended, and the Environmental Division of the Vermont Superior Court’s September 28, 2015 Amended Consent Decree and Order in Docket No. 194-10-03 Vtec. APPROVED at South Burlington, Vermont this _____ day of __________________, 2017. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ Pat Nowak