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HomeMy WebLinkAboutMinutes - City Council - 11/21/2022 CITY COUNCIL 21 NOVEMBER 2022 The South Burlington City Council held a regular meeting on Monday, 21 November 2022, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; D. Kinville, City Clerk; C. McNeil, City Attorney; P. Conner, Director of Planning & Zoning; M. Machar, Finance Department; Chief S. Locke, Fire Department; Chief S. Burke, Police Department; V. Nichols, Superintendent of Schools; C. Shaw, V. Bolduc, N. Hyman, M. Ostby, C. Trombly, L. Bailey, R. Greco, G. Silverstein, P. Stabler, A. Lazarz, S. Dooley, T. Jarvis, J. Slason, E. Krasnow, G. Nelson, B. Sirvis, E. Goldman, A. Chalnick, D. Albrecht 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: Ms. Baker asked to add to the Warrants #A, a payment to the School District. 3. Comments and questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager's Report: Council members reported on meetings and events they had attended. Mr. A. Bolduc: Noted the property insurance payment. The city went to bid on this and the low bid was $750,000 which represents a reduction from last year's $1,000,000 premium. Ms. Baker: Reported on 1:he upcoming meetings: 30 November - Special City Council regarding ARPA fund recommendations 5 December-- Proposed budget presentation and 3 public hearings 2 December-- "Spark the Park," 5:30-7:30 p.m. 9 December--Senior Meal, 5:30 CITY COUNCIL 21 NOVEMBER 2022 PAGE 2 17-18 December— "Illuminate Vermont" festival 20 December—Senior Light Show, 5:30 p.m. ' 19 December—Judging of holiday lights 23 January—Steering Committee budget presentations 5. Consent Agenda: a. Approve and Sign Disbursements b. October Financials c. Receive the General Liability, Property and Workers' Compensation Insurance Renewal Award to Hickok & Boardman d. Approve the submittal of a Municipal Planning Grant application to develop an equity framework for planning projects e. Appoint Marty Gillies as an action Zoning Administrative Officer and Acting Code Officer Mr. Conner explained Mr. Gillies' role and the reorganization of the Planning Department. Ms. Baker added that Marla Keene has been promoted to oversee planners and the hiring of another review planner. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed 4-0. 6. Consider the appointment of Allison Lazarz to be South Burlington's Alternate to the Chittenden Solid Waste Board of Commissioners: Members interviewed Ms. Lazarz. Following the interview, Ms. Emery moved to appoint Allison Lazarz as Alternate to the Chittenden Solid Waste Board of Commissioners. Mr. Barritt seconded. Motion passed 4-0. 7. Public Hearing on amendments to the Land Development Regulations on expanding the Transferable Development Rights (LDR-22-05 and LDR-22-06): Mr. Barritt moved to open the public hearing. Mr. Cota seconded. Motion passed 4-0. Mr. Conner reviewed the history. The Planning Commission reviewed the amendments and had no further comments. CITY COUNCIL 21 NOVEMBER 2022 PAGE 3 Public comment was then received as follows: Mr. Albrecht: The process did not seem current with today's standards for outreach. He was dismayed that such a dramatic increase in density is being considered. Current transit service is inadequate, and the "Transit Overlay District" exists in name only. The District is based on the old idea that all jobs are in downtown Burlington when there is a large, new employment base in the eastern part of South Burlington. He felt the scope of the Transit Overlay District needs to be increased. Mr. Albrecht also said that any increase in the Grand List needs to have those additional funds earmarked for those units that have transit. It would also be nice to see some community assets, such as a recreation center, in the Shelburne Road Corridor and improvements and upkeep made to the Farrell Dog Park. Mr. Trombly: The maximum density allows flexibility to allow for more affordable housing, but TDR purchase does add cost to units. Ms. Bailey: Supported Mr. Albrecht's points. She liked the higher density, but felt it was questionable to require people to buy TDRs to get that density. She noted that once TDRs are sold, it is "forever." She felt it would make more sense to have it be for something like 30 years, then have it reviewed because we cannot predict what will be important in the future. As there was no further public comment, Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed 4-0. Ms. Emery noted the Shelburne Rd. bus schedule is every 20 minutes which she felt was reasonable. But #11 is every 40 minutes. She felt GMT would increase service if the need arose. She also felt the policy was appropriate because the city will be facing an inflow of people needing housing. Mr. Barritt noted the State Supreme Court upheld the city's TDR policy. He hoped these amendments would help market TDRs. Mr. Cota said TDRs are a great tool to conserve land. He also felt density is a good thing, but there is also a need for amenities. Ms. Riehle hoped the points made by Mr. Albrecht will be addressed. CITY COUNCIL 21 NOVEMBER 2022 PAGE 4 Mr. Mittag acknowledged that the TDR Ordinance is not perfect, and there are ways to improve it. 8. Potential action on amendments to the Land Development Regulations on expanding the Transfer of Development Rights (LDR-22-05 and LDR-22-06): Ms. Emery moved to approve LDR amendments LDR-22-05 and LDR-22-06 as presented. Mr. Cota seconded. Motion passed 4-0. 9. First Reading of an Ordinance to implement Education Impact Fees and set a Public Hearing: Ms. Baker reviewed the history and said that thoughts from recent discussions have been integrated into an Ordinance. Supt. Nichols said the School District needs to ensure that it can continue to provide quality schools. Because of increased numbers, two elementary schools are now over capacity. The District is asking to implement impact fees to pay zero emission modular units (ZEMs) which have not been budgeted. The impact fees would be ended once the ZEMs are paid for. In the future, similar issues will need to be addressed at the Middle and High Schools where today's elementary school students will be heading. Supt. Nichols said they would like to move forward as soon as possible and would hope for a 21 December public hearing so the impact fees could be imposed by the start of the next fiscal year. She also noted that there would be an exemption from these fees for affordable housing units. Mr. Slason said the fees have been updated to account for a change in the number of bedrooms (3 and 4 bedroom units have been added). Recent census data was also reviewed, and households in the 1 and 2 bedroom category have more students than originally thought. Inflation has also resulted in a modest increase in the costs. Mr. Slason said the School District will be pursuing a bond to make the purchase of the ZEMs now. The impact fee will cover only the ZEMs in the financing of the bond cost. Mr. Slason noted that the impact fees will not cover the full cost of the ZEMs. CITY COUNCIL 21 NOVEMBER 2022 PAGE 5 Mr. Cota asked whether the ZEMs are under contract and whether the final cost is known. Supt. Nichols said they have final quotes which are lower than the last presentation. She also said the goal is to avoid the "double dip" that was noted last time. Mr. Cota asked about permanent affordable housing. Mr. Slason said that for legal reasons all housing would be charged, but once an impact fee is determined, the city can waive the fee for affordable housing. Mr. McNeil said they will have to determine how to incorporate that into the draft. Mr. Slason noted that an estimate has been done so those credits would be offset. Mr. Barritt said he would not support the 4%tax on top. He said there should be language regarding the type of interest rate that would be accrued so it doesn't cost more than expected. He asked when the impact fee would be payable. Mr. Conner said they have to work out the math regarding the interest rate. The actual cost will be known before anything is charged. Mr. Barritt said he didn't understand the credit table. Mr. Slason said the annual amount of property tax for the ZEM bond is $250,000. That amount is a fraction of the total of the total houses. So it can be known what percentage that is of the $250,000. That is what is credited. That becomes a credit on the impact fee and assured there is no "double dipping." Mr. McNeil said Section F has been added to the city's Impact Fee Ordinance for this school impact fee on a per bedroom basis for new construction and the addition of bedrooms to existing housing. Mr. Conner said the effective date of the impact fee is the date of the zoning permit application. Mr. McNeil said an affordable housing agreement can be added. Ms. Riehle also questioned the 4% administrative fee. Ms. Baker said it is a difference of about $100 or so per impact fee. Mr. Cota suggested making it part of the fee. Ms. Baker said that will require redoing the tables. She cited issues of adding tasks to staff without a means of paying for what they cost the city. Mr. Conner noted the city doesn't currently charge an administrative fee to impact fees but could do that. State law is silent on that subject. Ms. Emery cited the need to be sure staff has the resources to do this work. Mr. Riehle said they can agree it's a property tax expenditure. CITY COUNCIL 21 NOVEMBER 2022 PAGE 6 The question was raised about calculating the fee for 3 and 4 bedroom units. Some members felt the fee should just be the cost of one bedroom. Ms. Rihele said she would like more information on this. Ms. Emery was OK as it is presented. Mr. Cota asked what other communities have impact fees. Mr. Slason said there aren't many with school impact fees. Burlington still has them. Ms. Riehle said that is probably because school enrollments are going down elsewhere in the state. Ms. Emery asked whether the table can be adjusted in time for Town Meeting vote. Ms. Baker said the Council should see the numbers before there is a bond vote. A public hearing would have to be held by mid-January, so there is time. Supt. Nichols said timing is critical as there needs to be early conversation with the public, and they want the ZEMs in place before the start of the next school year. Members agreed on a public hearing in January when the new language would be crafted. Ms. Baker said she would bring the language to the Council before that hearing. Mr. Barritt suggested a flat administrative fee instead of a percentage. Mr. Conner said staff will bring some options to the Council. 10. Receive a proposed Encampment Ordinance and provide direction to staff: Mr. McNeil said there already is an Ordinance but there is no way to carry it out. Issues include how to notify people, what to do about their property, etc. The proposed policy is largely based on a Portland, Maine policy tailored to South Burlington. The people in Portland say it is working for them. It applies to city-owned land and requires notification to campers. It also provides areas where people can go. It also allows the keeping of personal property for one week before disposing of it. Ms. Riehle asked about funding for this. Chief Burke said it is how they use the community outreach process with Howard. Mr. Cota asked the Chief if this policy is what he needs. Chief Burke said it will help enormously. Mr. Barritt felt it was very sensitive and the best that could be done. CITY COUNCIL 21 NOVEMBER 2022 PAGE 7 Ms. Dooley asked the difference between a "policy" and an "ordinance." She also said that Montpelier's ordinance has a nice "preamble" and that 7 days was too short a time for people to get their personal property back. Mr. McNeil noted that Section 3 does not criminalize people engaging in these activities. He added that Portland, Maine uses 7 days. It is a question of having room to store these items. Mr. Trombly said it was good to have a standard policy on how to handle these situations. He suggested this might be an opportunity to discuss affordable housing. Other speakers felt that 30 days for storage was preferable if there is room. Mr. V. Bolduc noted that people's belongings helps them keep a sense of personal history, which is a vital connection. Mr. Nelson said his concern is why people are choosing not to be in a shelter. He said if a campsite is removed and people choose not to go to a shelter, they will camp somewhere else. He did not support removing people unless they posed a danger to people or to the environment. Ms. Riehle asked how many campsites are there in the city. Chief Burke said usually 8-12, mostly on private land. Mr. McNeil said that falls to the property owner. Chief Burke stressed that they use community outreach first. 11. Discuss and possibly adopt a Policy on Delinquent Ambulance Billing Accounts: Chief Locke said that as of January, 2021, a new company does the ambulance billing, and the city gets a very careful accounting. After the third notice, the city has no means of collection, and these delinquencies stay on the books. They are looking for a way to write off what is not collectable every month and need a formal policy to do that. Mr. Barritt moved to approve the Policy on Delinquent Ambulance Billing Accounts. Mr. Cota seconded. Motion passed unanimously. 12. Discuss and possibly approve a Resolution amending the Ambulance Billing Rates: CITY COUNCIL 21 NOVEMBER 2022 PAGE 8 Chief Locke said this was last done in 2019 and would now bring the city up to the county average. It applies to 16% of patients with private insurance and represents $60,000 additional yearly revenue. Mr. Cota moved to approve the Resolution amending the ambulance billing rates as presented. Ms. Emery seconded. Motion passed unanimously. 13. Receive the Annual Report from the Chittenden County Regional Planning Commission: Mr. Baker reviewed the report including the history, representatives and the projects done with South Burlington in FY22. Ms. Riehie asked to what extent CCRPC works with GMT. Mr. Baker said it is a "chicken-egg" issue. In CCRPC, there is more emphasis on public transit, but it is not a stable thing because GMT is not in a stable financial situation. GMT is constrained by how the State has set up their functioning. Mr. Baker said it is not realistic to ask for more buses without the ridership being there. He added that more density along bus lines can help. Mr. Cota said this is a challenging time. Passengers want to know they won't be waiting in the cold. Mr. Baker said CCRPC worked with GMT and VTrans regarding funding options last year. The State has helped in the past few years which is why there could be free fares. He added that he would not be surprised to see free fares continue in Chittenden County and not in the rest of the state. It costs $500,000 in the rest of the state and $2,000,000 in Chittenden County. Ms. Emery suggested reaching out to places of employment. Mr. Baker said they do but there is still more work to do. Mr. Cota asked whether the building of 5,000 homes will be reached by 2025 in the Building Homes Together effort. Mr. Baker said he wasn't sure even if they do that it will be enough. There hasn't been enough housing built in the state for decades. He also noted the "climate refugee" influx is beginning to be felt. People sell homes in New York and pay cash for Vermont homes. This has given rise to a "gentrification" concern. Ms. Baker thanked CCRPC for all they do for the city's managers and Public Works people. CITY COUNCIL 21 NOVEMBER 2022 PAGE 9 14. Receive a proposal from the Climate Action Plan Task Force to put a charter change on the Town Meeting Day ballot to regulate thermal energy systems I existing residential and commercial buildings: Mr. Goldman said the Task Force is now asking to transition existing building stock away from fossil fuels. The plan requires 360 housing units a year to be electrified. Mr. Goldman said this is a small first step and allows a meaningful conversation as to what a policy should look like. There are different routes a Charter change can go through. The Task Force recommends a hearing and then putting the issue on the March ballot. If passed, it would then go to the State Legislature and then for approval by the Governor. The City Council could then decide how to exercise that power. Ms. Baker said there is very short timing to get onto the March ballot. She also noted that the State could give all municipalities this authority in their next session. Then it could go to ballot in2024. Ms. Baker stressed that municipals have very little local control in Vermont. Mr. Goldman said it could be a nightmare if each town had different language. Ms. Emery said she learned about this after the previous Ordinance. She also said there would have to be a decision as to who can pay for this. She favored going ahead with it and hoping it would incentivize the Legislature. Mr. Barritt said he was trying to understand the "end game." What he heard was a "carbon tax." He suggested that when there is a renovation, that the furnace be replaced. Mr. Chalnick noted that Burlington is thinking about an "end of life" rule. Mr. Barritt said this is doing it backwards. He wanted to see the end product before doing this. He added that there was a definitive plan for new construction, and he wanted a definite plan for this in advance so people could see very clearly what is coming. Mr. Chalnick said there could be many variables in a few years with different technology. Mr. Goldman added that the regulations could evolve and change as technology changes. Mr. Cota noted that the City of Burlington owns the power plant, and it has been said that there may not be enough electricity for New England without blackouts. He was concerned with putting a tax on fossil fuels under these conditions. Mr. Chalnick acknowledged that new sources of electricity have to be found. Mr. Goldman said that Green Mountain Power has said they have no concerns. CITY COUNCIL 21 NOVEMBER 2022 PAGE 10 Ms. Emery said they have to be true to the goals that were set and have to start this discussion. Mr. Silverstein said the cost of switching from natural gas to electric heat pumps is extensive. Heat pump companies recommend a backup system when it gets very cold. He said people can't survive in Vermont without a system that uses fossil fuels. He also said that what is done in South Burlington is inconsequential in the world picture, and what is proposed is "insulting and degrading." Mr. Chalnick said technology is improving all the time. He agreed that requiring someone to pull out something that is working doesn't make sense. Mr. Taylor said the last City Charter Committee meeting was the first time members heard about this. The Committee would be happy to take this into their current work effort, but it would not be ready for a Town Meeting vote. In 2023. He added that the Committee can get a feel from the community and report back as they have done with other issues the Council assigned to them. He felt this is now being "rushed." Ms. Riehle said she appreciates the committee process, but this is an energy policy, and she felt it was a different kind of Charter change. She didn't feel it should go to the City Charter Committee. Mr. Barritt said he would agree if the tax and other things were removed. He also felt what is being proposed is too general. Ms. Greco agreed that what is done in South Burlington is small, but felt its "all of us in this together," and real change starts at the bottom. She felt that giving it to the Charter Committee would be business as usual. Ms. Riehle asked what the next steps would look like. Ms. Baker said there is a very short window. The Council could look at ballot language at the special meeting on 30 November and then warn a public hearing. Two public hearings would be needed. Mr. McNeil suggested one public hearing in early January and one in late January. Ms. Riehle asked staff to come with language on 30 November so a public hearing can be set. 15. Receive the annual presentation from Town Meeting TV including their FY24 budget: CITY COUNCIL 21 NOVEMBER 2022 PAGE 11 Ms. O'Rourke said they are very proud of the work they have done to shore up their archives which are now available to the public. They are doing legislative advocacy because cable revenue is declining, and they lost a lot of money from Comcast in one year. They are asking for $1,000,000 for FY24 from the State Legislature to tide them over until funding issues are solved. Ms. O'Rourke noted that South Burlington could add Planning Commission meetings to the archives at a cost of$95 an hour. Ms. Riehle noted that the proposed cost to South Burlington for FY24 in 5% over FY23. Mr. Barritt asked if there could be a merger with Vermont Public. Ms. O'Rourke said they are collaborating and are making sure hybrid systems are available to the public. 16. Opportunity for Councilors and the public to share information and resources on Climate Change: Mr. Cota noted that $35,000,000 has gone to be sure that people have heat this year. He also noted that all auto dealers in Vermont will be required by 2035 to have all electric vehicles. Trucks will have different standard. The challenge is that it isn't known if local dealers can get those cars, and it might require them to have more impervious surfaces and other changes in the next few years. 17. Other Business: No other business was presented. 18. Consider entering executive session for the purposes of discussing: a. Contract negotiations b. Pending or probable litigation and confidential attorney-client communications made for the purpose of providing professional legal services to the Council Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the Council's discussion of contract negotiations, pending or probable litigation to which the City is or may be a party, and confidential attorney-Client communications made for the purpose of providing professional legal services to this body would clearly place the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously CITY COUNCIL 21 NOVEMBER 2022 PAGE 12 Mr. Barritt then moved that the Council enter into executive session for the purpose of discussing contract negotiations, pending or probable litigation to which the City is or may be a party, and confidential attorney-client communications, inviting into the session Ms. Baker, Mr. Bolduc, Chief Locke, Chief Burke, and Mr. McNeil. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 10:32. Following the executive session, as there was no further business to come before the Council Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 11:05 p.m. Clerk