Loading...
HomeMy WebLinkAboutMinutes - City Council - 09/05/2017CITY COUNCIL 5 September 2017 The South Burlington City Council held a regular meeting on Tuesday, 5 September 2017, at 6:30 pm, in the Community Room, Police Station. Members Present: H. Riehle, Chair; P. Nowak, M. Emery, T. Barritt, T. Chittenden Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; J. Rabidoux, Director of Public Works; A. Parker, Community Development Project Manager; D. Kinville, L. Giancola, M. Bowen, D. Rapella, J. Collins, L. Kupferman, D. Farr, A. Gitzes, T. Rawlings, M. Baer, D. Gelfenbein, K. Jung, P. Leduc, M. Coel, L. Bryce, B. Young, M. Mittag, P. Tompkins, S. Baker, B. Sirvis, W. Daum, B. Finnigan 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Emery asked to add to Other Business a discussion regarding the e-mail members received about the resolution. 3. Comments and Questions from the public not related to the agenda: An audience member asked about the rumor that the Community Library will be moving to UMall and asked why it has been kept “a secret.” Mr. Chittenden said he wasn’t ready to vote on that tonight based on public feedback. If asked to vote, he would vote “no.” Ms. Nowak said she had also heard from the public about this. 4. Announcements and City Manager’s Report: Members reported on meetings and events they had attended in recent weeks. Mr. Dorn: The annual 9/11 remembrance will be held at Veterans Park. In the event of rain, it will be held at the Fire Department. A letter has been received from the UVM President thanking the Fire Department and First Responders for their efforts during the recent fire at UVM. On Wednesday-Friday, Catalyst for Climate Economy will be at the Sheraton. There will be a tour of relevant sites including the new installation at the Landfill (Friday 8:45 a.m.) Progress continues to be made on mental health issues. There will be a proposal from the Howard Center at a future date. A note was received from Gene Richards regarding future use of Kirby Road Extension and Picard Circle. Mr. Dorn said he walked the area and found no evidence of drug use or of vagrants. The Council will receive a report on the area from Paul Conner and Justin Rabidoux. 5. Consent Agenda: a. Approve and Sign Disbursement b. Approve Minutes for 21 August 2017 c. Approve contract related to Commerce Square Stormwater Project d. Approve resolution related to the future status of Mary Street Mr. Chittenden moved to approve the Consent Agenda as presented. Ms. Nowak seconded. Motion passed unanimously. 6. Councilors’ reports from Committee assignments: Mr. Chittenden: Has been appointed to the Operations Committee of CCTA and is being “groomed” to be the Chair next year. One South Burlington issue involves getting CCTA and Mr. Rabidoux together regarding automatic traffic light signal changes for approaching buses. Ms. Nowak asked about the volunteers who are helping people learn to use the bus system. Mr. Chittenden said they will be learning more about that at their upcoming retreat. Ms. Riehle: Although there has not been a Channel 17 Board meeting, there has been a challenge to Comcast to force them to make good on the contract requirements to provide services, including expanding digital access to the public access channels where the public can see government in action. The issue was brought up again with the Public Utilities Commission which voted in Channel 17’s favor. Comcast says this is too expensive, but they are spending the funds to appeal the PSB’s decision. Channel 17 is trying to find out whether they should pursue the case (it will be expensive). The community can voice support for Channel 17 on-line. 7. Award Contract to Construct City Center Park – Dumont Parcel: Ms. Parker said the Council is being asked to award the contract to All Seasons Excavating and Landscaping, Inc. There were three bids received, and this contractor was by far the lowest bid. All funding for this project is available. The hope is to award the contract by the end of the week. There would be a “stop date” of 1 November and any work not completed, plus plantings, would be done in the spring. Mr. Rabidoux said this contractor has done previous work for the city including the new section of sidewalk on Hinesburg Road. Mr. Rabidoux also noted that a $75,000 grant was received to cover part of the park project. The total project cost is $848,505. Ms. Emery moved to authorize the City Manager to execute and award a contract with All Season’s Excavating & Landscaping, Inc., as required to construct the City Center Park – Dumont Parcel project. Mr. Barritt seconded. Motion passed unanimously. Ms. Riehle noted the work of Betty Hafter in helping to clean out invasive species. There will be another group effort in this regard on Saturday. 8. Consider and possible act upon a “Statement of Support for Charlottesville, Virginia: Members suggested sending a copy of the Statement to the City Council of Charlottesville and also to Governor Scott and to ask that it be distributed to State Legislators throughout the State. After some “wordsmithing,” Ms. Riehle read the Statement as follows: Statement of Support for Charlottesville, Virginia: The South Burlington City Council stands with you in opposition to hatred, racism, bigotry and intolerance. We reject anti-Semitism, neo-Nazism or fascism and believe they denigrate the ideals and values of our great nation. We stand with you against the violence that they ignite, and assure you that they do not reflect the values and sentiments of the City of South Burlington, Vermont, and this City Council. Ms. Emery moved to approve the Statement of Support for Charlottesville, Virginia, as amended and forward it to the City Council of Charlottesville, Virginia and to Governor Scott and the Vermont State legislators. Mr. Barritt seconded. Motion passed unanimously. 9. Consider Request from Fieldstone Drive Residents to Accept Fieldstone Drive as a public street: Ms. Kinville, President of the Homeowner’s Association introduced other residents present. She said they have been working on becoming a city street for the past few years. She noted there have been medical emergencies in Stonehouse Village and there were questions as to whether the road had been cleared enough for emergency vehicles to get there. Ms. Kinville said there are 3 streets in Stonehouse Village, two of which are public streets. Fieldstone Drive is private. The issue is that the entrance to the intersection is steeper than the standard allows. Ms. Kinville said they took core samples, and the results showed they were “close to city standards.” They have had no accidents there, and the overall condition of the road is good. Mr. Giancola noted that both Valley Ridge and Derby Circle were made public streets. He said current residents had no say in what was decided before they moved in. He said this road has the same construction as Cobblestone, which is public. Mr. Giancola also noted that most residents are over 60 and hope to “age in place.” They are concerned with safety. He also noted that residents have paid thousands of dollars to maintain the road. Ms. Kinville said there are strategic places to put snow. There have been only 2 times that snow had to be removed from the area. Their intention is keep their private contractor to do their driveways. Ms. Nowak said that when people bought their homes they knew the street was private. She asked if they anticipated the road would be taken over by the city. Mr. Giancola said “privately they may have, but not collectively.” Mr. Barritt said there are a number of developments with private roads, and he was concerned with setting a precedent. He added that he drove down Fieldstone Road and it is very narrow. Ms. Kinville recalled that the DRB had concerns that this would become an issue. Ms. Bowen, the Association Treasurer, said that care of the street trees and patching of the road would be included if they became a public street. The road could also be repaved, when needed. A resident of the area noted that Fieldstone Drive is 25 feet wide, and Van Sicklen Rd, which is a public street, is only 20 feet wide. Ms. Rapella said that regarding grading Grandview Drive is 8% to 10% at the bottom; Fieldstone starts at 10% and is 4% at the bottom. She added that there are only 19 homes on the street and very little traffic compared to Grandview. Other residents provided a list of steeper roads than Fieldstone which also intersect with major roads. Ms. Riehle asked how the city can be sure that if they take over Fieldstone there won’t be private roads with the same features in the next batch of development approvals. Mr. Rabidoux said if the Council approves this request, they can expect many more people who live on private roads to want the same consideration. He noted that when the development was presented the developer said the road would be gravel. When asked what would happen if residents wanted the road made public, the developer answered “buyer beware.” Mr. Rabidoux said Public Works would have to provide more resources than practical to this remote location. He stressed that there are standards for a reason and that the developer and homeowners chose to have a private street. Mr. Rabidoux added that if the city did plow the street, they would leave mounds of snow at the base of people’s driveways, making their contractors’ job even harder. He stressed that the in the whole history of this development, Fieldstone Drive was to be a private street. Ms. Riehle asked how they can avoid this situation in the future. Mr. Rabidoux said that is a Planning Department question. Mr. Barritt said that as a developer, he would try to get as much density as possible, even with a tiny street. He noted there are a lot of developments with fewer than 9 units so developers can avoid Act 250. Ms. Riehle asked how often a street is repaired. Mr. Rabidoux said Class I streets (e.g. Williston Road) about every 15 years. Lower volume residential streets about 15-20 years, possibly more. They usually address deficiencies when they see them. If they were to consider paving a private street, they would have to work out insurance issues. Ms. Emery felt that there has to be consideration for setting a precedent that would cost the city resources. She felt that considering having the Fieldstone residents benefit from the city's contracted price for repaving,when needed, was a middle ground. Ms. Nowak said she can see the initial homeowners not being concerned with the condition of the road when it was new. She was concerned that emergency vehicles have adequate access. Mr. Rabidoux said they coordinate with the Fire Department on the radio all the time and provide them with an escort if needed to get to an emergency call. On one occasion, a Public Works person slept in the Fire Station to be sure all calls could be adequately accessed. Mr. Chittenden said he would support having the city repave the street, when needed and possibly also do some patching and tree maintenance. Mr. Rabidoux said if there is a way to look at having the road comply with city standards, he would be more than willing to work with the homeowners on that. The question would be the cost. Mr. Dorn advised that Colchester has a lot of private roads that they have been plowing for decades and will now have a hard time doing that. He felt there needs to be more conversation before the city goes down the path of maintaining private roads. Mr. Barritt added there also has to be discussion with the Planning Commission and DRB regarding private roads. Mr. Mittag said he would worry about setting a precedent as it could cost the city millions of dollars. Ms. Kinville said they are open to any conversation with the city. 10. Interview applicants for City Committees: The Council interviewed the following applicants for appointment to city committees: a. Larry Kupferman – Bike/Ped Committee b. Dana Farr – Bike/Ped Committee (3-year term) c. Alexandra Gitzes – Bike Ped Committee (2-year term) d. Todd Rawlings – Affordable Housing Committee e. Mark Behr – Development Review Board (3‐year term) f. Drew Gelfenbein – Energy Committee (3‐year term) g. Kerry Jung – Library Board of Trustees h. Patrick Leduc – Library Board of Trustees i. Mark Coel – Library Board of Trustees j. Lindsey Bryce – Affordable Housing Committee k. Barry Young – Planning Commission l. Michael Mittag – Planning Commission m. Penny Tompkins – Public Arts Committee/Library Board of Trustees n. Spencer Baker – Pension Advisory Committee 11. Receive briefing on proposed policy changes relating to investments in the Pension: Mr. Hubbard said the Pension Advisory Committee unanimously supports the recommendations of the actuary. Mr. Baker said they have been using the assumption of a 7.5% return. This is not realistic. The Committee is recommending 7.25%. This is also not realistic in view recent performance, but they do not want to jump too far. Mr. Baker noted the State is at 7.9% and is “in a lot of trouble.” Mr. Barritt asked what corresponding step can be taken by recipients as to what they can expect as a payout. He added there is a finite amount of money the city can put in and a finite amount it can pour out. Mr. Hubbard said they have had that conversation with the 3 bargaining units. There will be more talks soon as new contracts are going to be negotiated. Mr. Baker said the second recommendation relates to employees who leave the city with less than $10,000 in the pension plan. In the past, they have had to take that as a payout, and there has been some concern raised by those with $12,000 and $13,000, etc. The recommendation is to raise the $10,000 to $25,000. Mr. Nowak said this will reduce the city’s bookkeeping costs and the cost of trying to find people years later. Mr. Baker said the proposal is to make this retroactive to the start of the new fiscal year. They could also go back a year and offer some of the smaller amounts. Mr. Hubbard said he will inform the actuary to make the changes. Members agreed to address the Library item next as there were a number of people waiting for that item. 12. (formerly #18) Consider and possibly approve a lease with the LBCMT 2007-C3 DORSET STREET, LLC (University Mall) to acquire space for a South Burlington Public Library: Ms. Sirvis said she is a Library patron and volunteer and heard a rumor about this item. She noted that between 10 and 10:30 a.m., the Library is “mass chaos.” She understood the crowded conditions and the need to look at issues. Her concerns are why there has been no public comment, will there be the same space for the collections, will there be space for programs, and whether there will be accessibility to the public, especially during the holiday season when it is so difficult to get in and out of the Mall. There is also a question of finances including cost of the move, cost of the rent and the cost of moving to City Center in a few years. She felt it would be better to save the money for the City Center move. Mr. Daum said he was concerned with the cost of duplicating books. He noted that on a day in April, there were 83 people in the Library, only one of whom had a book. All the rest were on computers or hand-held devices. He felt that moving now was wasting money and questioned a plan should a vote on a new Library fail. Ms. Finnigan, Chair of the Library Board, said her concern is the cost of the move and how it will be paid. She said the Board will be talking about this at its Monday meeting. She did say that there are 2 collections in the Library now, and they are being separated. This is a ‘yeoman’s job.” Ms. Nowak moved that the Council enter executive session for the purpose of discussing the negotiating or securing of real estate purchase and lease options, inviting the City Manager and Deputy City Manager to attend the session as well. Mr. Barritt seconded. Motion passed unanimously. Following the Executive Session, Mr. Dorn described the potential Library space at the Mall. It is 7800 sq. ft., adjacent to Bon Ton and across from IHOP. There is a corridor leading to the parking garage. The cost for a 3-year lease is $45,000 a year. Mr. Dorn said the City has been working with UMall for several months on this. There were previous attempts to locate other space that met the criteria. No space was found that met the needs. The cost of the UMall lease is actually less than what the City is now paying the school. There would be similar hours of operation. There is also a reasonably sized storage facility that the Library could access. Any furniture and computer systems purchased for the UMall location would be transferrable to a new Library in City Center. Mr. Dorn stressed that working conditions in the current location are much less than adequate for the staff. Ms. Finnigan said she is concerned with the size of the space, but their main concern is the Board’s opposition to using Blanchette funds for this use as it is the principle source of funds for a new Library, and this use was not part of the bequest. The computer system would be a reasonable use. The Board has not yet discussed furniture. Ms. Emery asked about the time-line. Mr. Dorn said they have set a goal of November 15th. They need lead time for furniture purchase. The aim is to be relocated before the holidays. He stressed that if this is not approved tonight, it will have to happen after the holidays. Mr. Chittenden said he is not opposed to the UMall location but he is concerned with transparency and wants more time for the public to be heard. He would be OK with a special session to consider this. He was not prepared to vote at this meeting. Ms. Nowak said she was surprised to get e-mails from the public. She liked the idea of covered parking. She wanted to stress to the Library Board that the City Council is committed to a new Library. She felt that the current location is untenable as adults don’t it as the “community” library. She also felt that fund-raising will be a concern. Ms. Finnigan said they support the move to the Mall. The sticky thing is the use of the Blanchette Fund. She added there is no plan yet for a new Library, and they feel they have an obligation to be transparent, especially with regard to use of the Blanchette funds. Mr. Daum cited the difficulty getting in and out of the Mall during November and December. He said he personally wouldn’t go then. Ms. Riehle noted the next item on the agenda concerns purchasing land for a City Hall and Library. She couldn’t guarantee how voters will vote, but she has heard lots of positive comments, and she would be shocked if the vote doesn’t pass. She did see the need to discuss the use of the Blanchette funds. Ms. Finnigan said there has to be a decision as to who makes the Blanchette decision. The Board believes it is their call. Mr. Chittenden felt the Council should delay to get the community to “buy in.” Mr. Daum felt the Council should wait 7 months and see how the public votes in March. He noted the Library has been in its present location for 50 years. Ms. Sirvis said she would like to hear from Library people as to how things will look at the Mall. She wanted to know what will happen when people can’t get to the Mall during the holidays. Ms. Emery stressed that no additional public funds are involved. The costs are within what the city is currently paying the School District. She felt they can explain to the public why the move is reasonable due to the need to give relief to city employees. Ms. Sirvis said $110,000 will have to come from somewhere. She felt this was not transparent at all. Members considered having a special meeting. Mr. Chittenden said they all campaigned for a new Library, not a temporary spot. Ms. Emery felt she was ready “to take the plunge.” Ms. Emery then moved to authorize the City Manager to enter into the University Mall lease as proposed. Ms. Nowak seconded. Mr. Barritt expressed concern that if they don’t have use of the Blanchette Funds what would happen is this rental becomes a long-term arrangement. Mr. Chittenden didn’t feel the details had been flushed out. In the vote that followed, the motion passed 4-1 with Mr. Chittenden voting against. 11. (formerly #19) Consider and possibly approve a purchase and sale agreement between South Burlington City Center, LLC and the City of South Burlington to acquire property for the future location of a Community Center contingent upon voter and other approvals: Mr. Dorn described the property as .75 acres, adjacent to what will be the Cathedral Square building, south of Marcotte School property. The option price is $5,000. The total purchase price would be $875,000. This is the same price as other lots have been sold for. The city could pull out of the option within one year and get a full refund. If they pull out during the second year, there would be no refund. The current plan is for this to be a location for City Hall and a Community Library. Mr. Daum asked about a Recreation Center. Mr. Dorn said the Recreation Center requires an L-shaped piece of property which will involve a land-swap with the School District. They are not yet ready to make that deal. Ms. Riehle stressed that this will be the only land investment for a City Hall, Library and Recreation Center. Ms. Emery said this is evidence of well-managed TIF funds. Ms. Emery moved to authorize the City Manager to enter into the City Center Purchase and Sale Agreement lease as proposed. Mr. Barritt seconded. Motion passed unanimously. Members agreed to delay discussion of the proposed Addendum to the Council Resolution regarding Airport governance to the next meeting due to the late hour. 13. Pre-audit Overview for FY-17: Mr. Hubbard said the estimate is that they will wind up FY-17 $35,000 to the good. The auditors will be coming during the week of the 18th. 14. Liquor Control Board: Ms. Nowak moved that the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. Ms. Nowak moved to approve the following applications: The Old Post, LLC (first class license), The Old Post, LLC (outside consumption permit), and Homewood Suites (second class license.). Mr. Chittenden seconded. Motion passed unanimously. Ms. Nowak moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 15. Other Business: Members agreed to delay discussion on other business items until the next meeting due to the late hour. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 12:42 a.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 09/06/17 Date Check No. Paid To Memo Amount Paid 9/6/2017 3248 Burlington Communications 206.00 Date Voucher Number Reference Voucher Total Amount Paid 8/14/2017 VI-14359 20171221 206.00 206.00 9/6/2017 3249 C&M Custom Homes LLC 88.18 Date Voucher Number Reference Voucher Total Amount Paid 8/18/2017 VI-14357 REFUND 88.18 88.18 9/6/2017 3250 Champlain Water District 55,562.35 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2017 VI-14363 SBWD-329 55,562.35 55,562.35 9/6/2017 3251 Champlain Water District 119,217.26 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2017 VI-14361 AUGUST CONSUMPTION 119,154.63 119,154.63 8/31/2017 VI-14362 SBWD-322 62.63 62.63 9/6/2017 3252 E.J. Prescott, Inc. 1,606.00 Date Voucher Number Reference Voucher Total Amount Paid 8/10/2017 VI-14353 5267558 1,236.05 1,236.05 7/28/2017 VI-14354 5266573 203.84 203.84 8/8/2017 VI-14355 5274626 58.75 58.75 8/17/2017 VI-14360 5278849 107.36 107.36 9/6/2017 3253 David & Susan Leckey 88.18 Date Voucher Number Reference Voucher Total Amount Paid 8/18/2017 VI-14358 REFUND 88.18 88.18 9/6/2017 3254 Office Essentials 179.13 Date Voucher Number Reference Voucher Total Amount Paid 8/21/2017 VI-14351 34300 165.25 165.25 8/14/2017 VI-14356 34283 13.88 13.88 9/6/2017 3255 SoVerNet, Inc. 44.66 Date Voucher Number Reference Voucher Total Amount Paid 8/15/2017 VI-14352 3795372 44.66 44.66 Printed: August 31, 2017 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 09/06/17 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 176,991.76 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: August 31, 2017 Page 2 of 2 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 CITY COUNCIL 21 AUGUST 2017 PAGE 2 (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. 6. 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. CITY COUNCIL 21 AUGUST 2017 PAGE 3 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. Michaels 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. 7. 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 would 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 CITY COUNCIL 21 AUGUST 2017 PAGE 4 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. CITY COUNCIL 21 AUGUST 2017 PAGE 5 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. 8. 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. CITY COUNCIL 21 AUGUST 2017 PAGE 6 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. 9. 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. 10. 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) CITY COUNCIL 21 AUGUST 2017 PAGE 7 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) 11. 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. 12. 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. CITY COUNCIL 21 AUGUST 2017 PAGE 8 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 Page 1 of 2 MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., South Burlington City Attorney DATE: 9/1/17 RE: Mary Street Connection with Market Street - Final Acceptance & Procedure Background The purpose of this resolution is to formally agree to a slightly alternative procedure for acceptance of a city street as well as to formally accept the street pending the City Engineer’s review. For visual reference, attached to this memo is the subdivision plan to be recorded when the City accepts the street extension. Discussion Section 15.16 of the South Burlington Land Development Regulations (“Regulations”) states, in pertinent part: Final acceptance of all proposed streets and required public facilities and improvements shall be in conformance with steps or procedures established by the City Council and/or appropriate City Commissions and/or Boards. Final acceptance shall not take place until after the City Engineer has determined that required public facilities and improvements have been satisfactorily completed and after all bonds, escrow accounts or letters of credit, other than an amount that may be required to cover maintenance and guarantee work for a two-year period, have been release or closed. South Burlington Land Development Regulations §15.16. The standard procedure for acceptance of City streets has been once the street is built by a developer, there is then a two-year waiting period where the City Engineer inspects the street and potentially identifies repairs/improvements until acceptance at the end of the two-year period. Here, the acceptance will occur immediately upon the City Engineer’s determination that the project is complete. However, the result here is substantially the same as there will be a subsequent two-year warranty period where the City can require modifications/repairs as they would during the waiting period. This warranty period will also be backed by a letter of credit/bond in an amount sufficient to cover costs of repairs/improvements. The City Engineer is comfortable with this alternative procedure under the unique circumstances here. The Council’s action on this resolution is also a material term in a settlement agreement between South Burlington City Center, LLC and Century Partners, LP of a Site Plan Appeal of the Cathedral Square project. This means if the resolution is not passed, the appellant, Century Page 2 of 2 Partners, will move forward with its appeal, likely resulting in significant additional delays to the project. Conclusion Council must decide whether it accepts the Mary Street Extension as a city street (subject to the City Engineer’s final review) and whether this alternative procedure is acceptable in this instance. Staff recommends Council pass the resolution as proposed. If you have any questions on this agenda item feel free to contact myself or the City Engineer, Justin Rabidoux. RESOLUTION A RESOLUTION REGARDING ACCEPTANCE OF MARY STREET EXTENSION AS A PUBLIC STREET WHEREAS, South Burlington City Center, LLC and Snyder-Braverman Company, LLC (“Applicants”) obtained Site Plan Approval #SP-17-29 on June 22, 2017, for the construction of a four-story mixed-use building with 39 residential units (“Cathedral Square Project”), to be served by Mary Street Extension; and, WHEREAS, Century Partners, LP and Thirty Three Mary Street, LLC (“Appellants”) timely appealed the site plan approval to the Development Review Board; and, WHEREAS, Applicants and Appellants entered into a stipulated agreement on August 24, 2017, titled “Stipulation to Modification of Site Plan Approval” (“Agreement”), where the parties, among other terms, agreed that prior to the issuance of a zoning permit, the Applicants would deliver appropriate legal documents for the proposed public road and that it provide a bond or letter of credit in the amount of $138,484.50 for the construction of the Mary Street Extension; and, WHEREAS, the City of South Burlington was named a third-party beneficiary to the Agreement; and, WHEREAS, the City of South Burlington has received an executed Irrevocable Offer of Dedication and Warranty Deed from South Burlington City Center, LLC for the Mary Street Extension which extends from the existing terminus of Mary Street to Market Street; and WHEREAS, the circumstances here are unique such that it is in the best interests of the City of South Burlington to accept the Mary Street Extension immediately following the completion of construction and before the expiration of the standard two-year warranty period for the acceptance of public streets. NOW THEREFORE, BE IT RESOLVED the City Council hereby resolves that upon the completion of the construction of Mary Street Extension, as determined by the City Engineer, the City of South Burlington shall accept Mary Street Extension as a public street prior to the running of the standard two-year warranty period. The landowner shall maintain its bond or letter of credit in favor of the City of South Burlington for a two-year term. Such surety shall be in form approved by the City Attorney as provided in Section 15.15(D) of the City’s Land Development Regulations. This procedure here is utilized to satisfy one-time, unique circumstances and is in no way intended as a departure from the standard City policy regarding the acceptance of city streets. [SIGNATURE PAGE TO FOLLOW] 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 R-2017- RESOLUTION A RESOLUTION DIRECTING THE CITY MANAGER TO NEGOTIATE AND SIGN A CONTRACT WITH ALL SEASONS EXCAVATING AND LANDSCAPING, INC. TO CONSTRUCT THE DUMONT PARCEL OF THE CITY CENTER PARK PROJECT WHEREAS, the development of City Center as a downtown is a priority for the City of South Burlington; and, WHEREAS, City Center Park - Dumont Parcel has long been in the Capital Improvement Program, Impact Fee Ordinance, and the Official Map, and is included in the adopted TIF District Plans as a downtown City Center passive recreation park; and, WHEREAS, the City Center Park - Dumont Parcel project is funded for construction in the Fiscal Year 2018 Budget (current year); and, WHEREAS, the City issued a competitive Advertisement for Bids to provide construction services to build the City Center Park – Dumont Parcel project in August 2017; and, WHEREAS, three sealed sets of bids were received in response to the advertisement by the due date of August 23; and, WHEREAS, after reviewing the submitted bids, All Season’s Excavating & Landscaping, Inc. has been identified as the lowest and most responsive bidder for the construction contract for the City Center Park – Dumont Parcel project. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby authorizes the City Manager to execute and award a contract with All Season’s Excavating & Landscaping, Inc. as required to construct the City Center Park – Dumont Parcel project. APPROVED this _____ day of September, 2017. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk Pat Nowak __________________________________ Tom Chittenden STATEMENT OF SUPPORT FOR CHARLOTTESVILLE, VIRGINIA The South Burlington City Council stands with you in opposition to hatred, racism, bigotry and intolerance. We reject anti-Semitism, neo-Nazism or fascism of all types as American values and believe they denigrate the ideals of our great nation. We stand with you against the violence that they ignite, and assure you that they do not reflect the values and sentiments of the City of South Burlington, Vermont and this City Council. Approved September 5, 2017 by the City Council of South Burlington. ___________________________ ________________________ Helen Riehle, Chair Meaghan Emery ____________________________ _________________________ Patricia Nowak Thomas Chittenden ____________________________ Tim Barritt