Loading...
HomeMy WebLinkAboutAgenda - City Council - 09/05/2017 AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington Police Department Community Room 19 Gregory Drive SOUTH BURLINGTON, VERMONT Regular Session 6:30P.M. Tuesday, September 5, 2017 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. (6:31 – 6:32 PM) 3. Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:34 PM) 4. Comments and questions from the public not related to the agenda. (6:34 – 6:44 PM) 5. Announcements and City Manager’s Report. (6:44 – 6:58 PM) 6. Consent Agenda: (6:58 – 7:00 PM) A*** Approve and Sign Disbursement B*** Approve Minutes for August 21st C ***Approve contract related to Commerce Square Stormwater Project D*** Approve resolution related to the future status of Mary Street 7. Councilors’ reports from Committee assignments. (7:00 – 7:10 PM) 8. ***Award Contract to Construct City Center Park – Dumont Parcel – Ashley Parker (7:10 – 7:20 PM) 9. ***Consider and possibly act upon a “Statement of Support for Charlottesville, Virginia” (7:20 – 7:30 PM) 10. *** Consider request from Fieldstone Drive residents to accept Fieldstone Drive as a public street. (7:30 – 7:45 PM) 11. Interview applicants for City Committees (14) confirmed (7:45 – 8:45 PM) 12. Receive briefing on proposed policy changes relating to investments in the Pension ­ Tom Hubbard (8:45 – 8:55 PM) 13. ***Consider and possibly act upon an addendum to the already approved resolution calling for a committee to be formed to study a Regional Governance Model for Burlington International Airport. (8:55 – 9:10 PM) 14. Pre­audit overview for FY17­ Tom Hubbard (9:10 – 9:20 PM) 15. *** Consider convening as the South Burlington Liquor Control Commission to consider the following: (9:20 – 9:25 PM) The Old Post LLC - First Class license The Old Post LLC - Outside Consumption permit Homewood Suites - Second class license 16. Other Business: (9:25 – 9:30 PM) A. Items held from the Consent Agenda 17. Consider entering Executive Session to discuss matters involving real estate transactions (9:30 – 9:45 PM) 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 – Kevin Dorn (9:45 – 9:50 PM) 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. – Kevin Dorn (9:50 – 9:55 PM) 20. Adjourn (9:55 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. 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