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HomeMy WebLinkAboutMinutes - City Council - 12/19/2022 CITY COUNCIL 19 DECEMBER 2022 The South Burlington City Council held a regular meeting on Monday, 19 December 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, Sen. T. Chittenden ALSO PRESENT: J. Baker, City Manager; C. McNeill, City Attorney; M. Macher, Finance Officer; I Blanchard, Community Development Director; P. Conner, Director of Planning & Zoning; T. DiPietro, Public Works Director; E. Quallen, Deputy Director of Capital Projects for DPW Department; A. Cate, D. Wheeler, M. Romba, J. Nadeau, B. Fisher, Public Works Department; J. Mitchell, L. Bailey, N. Hyman, D. Peters, J. Bellevance, T. Jarvis, S. Dooley, H. Gagne, D. Leban, E. Krasnow,J. Slason, B. Britt, P. Taylor, C. Trombly 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: No changes were made to the Agenda. 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. Ms. Baker: Reported on the success of Illuminate Vermont with 750 people present on Friday evening and 1600 people on Saturday evening. She cited the efforts of staff and volunteers and a grant from the State which made the event possible. Encouraged people to listen to the podcast of Chief Burke's appearance on Vermont Edition. The Administrative team met with incoming Legislators this morning. CITY COUNCIL 19 DECEMBER 2022 PAGE 2 The Heating/Hot Water Ordinance goes into effect on 15 February 2023. At the 23 January meeting, staff will ask for appointment of a Building Inspector. The Town of Colchester will not be moving forward with the public safety effort which creates a funding issue. The team will be exploring how to reallocate funding. In January, there will be a new HR Director, 2 new Firefighters and 2 new Police Officers. Thanked Ms. Kinville for serving as Assistant Treasurer. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes of 7 November, 21 November, 30 November and 5 December 2022 City Council meetings c. Receive the November 2022 Financials d. Approve the 2022 Grand List Errors and Omissions as presented e. Appoint Donna Leban to the Planning Commission for a term expiring June 2025 f. Appoint Jessie Baker to serve as the initial representative to the Chittenden County Communications Union District Board g. Approve application for a Vermont Transportation Alternatives grant for the scoping, design and construction of Allen Road Shared Use Path h. Approve application for a Vermont Transportation Alternatives grant to design and construct the Bartlett Bay Road Culvert Replacement project i. Approve application for a Reallocation 2020 Homeland Security Grant for security cameras at the Wastewater Facilities j. Appoint Donna Kinville to serve as the Assistant Treasurer Ms. Emery noted that in the Minutes of 5 December, p.4, next to last paragraph, the figure should read 5.75%. On page 6 of those minutes, the heading should read "Emerging Issues." Mr. Barritt noted that the structures on John Fay Road being converted to condos which reduce the Grand List by$3,900,000. Ms. Lyons said the condos how have a Grand List value. She has viewed that property. CITY COUNCIL 19 DECEMBER 2022 PAGE 3 Ms. Emery moved to approve the Consent Agenda as amended. Mr. Barritt seconded. Motion passed 4-0. 6. FY24 Budget: Receive the Public Works presentation (including Penny for Paths and Open Space) and provide feedback to staff: Mr. DiPietro introduced his team and noted there are 39 employees with 3 open positions which encompass Highway, Wastewater, Parks, and Stormwater. Highway and Parks: Successes include a lot of local paving including section 3 of Dorset Street and a repaired section of use path. Expenditures include a shift of benefits to this budget. They also reallocated some software (from Administration). There is an increase of$10,000 in Bike/Ped path maintenance and an increase in salt. CIP items include getting started on expansion of the Public Works facility which will include electric charging stations and the conversion of some vehicles. They will also be replacing a sidewalk play, plow truck and a mower. There will be paving of local roads and the final section of Dorset Street in FY25. The CIP also includes $50,000 for replacement of ash trees. They are trying to find ways to treat selected groups of ash trees. Mr. DiPietro showed a graph of increasing costs and noted that emerging issues include paving, addition of a person in 2025, and the ash tree program. They are trying to reduce the amount of salt used in winter by doing more road scraping after the main plowing. Mr. Britt asked about the potential widening of Spear Street. Mr. DiPietro said that is not in the FY24 budget. Mr. Britt said it is the #1 bicycle commuter road. They are trying to build a parallel off-road path which is progressing well. They need traffic calming. He felt this should be back on the CIP. Mr. DiPietro said they can go back and discuss it again. CITY COUNCIL 19 DECEMBER 2022 PAGE 4 Stormwater: Mr. DiPietro noted that this is an enterprise fund. Successes include: finishing the replacement of the Muddy Brook failed culvert including the shared use path, the Spear Street gravel wetland in a partnership with the Burlington Country Club (funded by grants), compliance with the 3-acre rule and climate resiliency. There are no major differences in the proposed budget. CIP projects include: the Bartlett Bay Road culvert, stormwater outfall repair, STP construction, expansion of the Bartlett Bay Stormwater Treatment system, and fleet purchases (vacuum truck, street sweeper and a truck). A 1.64% rate increase is being proposed. This would result in a $1.44 annual increase for the typical homeowner. Mr. DiPietro noted the success in obtaining grants which helps to keep the rate down. Emerging issues include: 3 chloride-impaired streams (caused by salting) and compliance with the 3-acre permit (which impacts a lot of private property as well). Ms. Riehle suggested a future discussion of enterprise funds. She noted South Burlington charges the lowest fees but doesn't seem to have a funding mechanism for replacement of facilities in order to avoid bonding. She suggested possibly beginning to save so there can be less bonding needed. Ms. Baker said the challenge is that the dollar figures are so high (e.g., $34,000,000 for upgrades). Mr. DiPietro said this would be a great discussion to have. Wastewater: Success include: pump station improvements at Oak Creek Village, Valley Ridge and Spear Street and headworks repair at the Airport Parkway Treatment facility. Revenues include an increase in wastewater allocation and a reserve transfer. Mr. DiPietro noted a big increase in the cost of chemicals. CITY COUNCIL 19 DECEMBER 2022 PAGE 5 CIP items include: Bartlett Bay facility upgrade, pump station upgrades, debt payment and fleet purchase (split of the vacuum truck). An 8.34% increase in the rate is proposed. This will result in a $29.75 yearly increase for the average homeowner. Mr. DiPietro noted South Burlington has the lowest rates in the state. Emerging issues include: a 50% increase in the cost of chemicals, biosolids regulation, Bartlett Bay facility upgrade, the currently underway rate study, and pump station upgrades. Mr. DiPietro spotlighted the awards won by the department. Drinking Water: Successes include the radio-read units (to read meters), maintenance of aging infrastructure, and preliminary engineering for capital projects (water storage in high-use areas and an interconnection behind UMall). Income will include a 1% revenue increase and a grant to look for lead in servicer lines. Expenditures include a significant increase in the cost of water from CWD. It had been assumed to be 8% but is actually 9.5%. CIP: includes water storage capacity and the service line study for lead. An 8.51% rate increase is proposed which will result in a $22.78 yearly increase for the typical home owner. Mr. DiPietro noted that South Burlington has the lowest rates in the state. Emerging issues include: aging infrastructure, the service line study, and bond votes at the 2024 Town Meeting Day election. Mr. DiPietro spotlighted the use of technology to improve operations and "valve activators" to reduce backstrain and potential injuries. Pennies for Parks: Ms. Quallen reviewed successes including coordination with VTrans for 3 new crosswalks, the CITY COUNCIL 19 DECEMBER 2022 PAGE 6 kickoff of transportation and land use climate implementation plan, work toward a bike/ped master plan, and the beginning of an inventory of all shared use paths. Ms. Quallen then showed fund balances and projections. CIP projects include: Dorset Street shared use path, Mary Street sidewalk, Spear Street and Swift Street shared use paths, and crosswalks at Dorset/Songbird/Pheasant Way/Hinesburg Road and Dubois Drive. Sen Chittenden asked about Lime Kiln Road. Ms. Quallen said it is listed as FY26 and FY27 to allow more time to find funding as there is a hefty price tag. Ms. Quallen noted that Pennies for Paths does not pay for path maintenance. Emerging issues include: the ending of revenue in FY32, the increased cost of materials, and the need for good data on the path network. Ms. Quallen spotlighted the fact that 84% of the city's residences are within a mile of a shared use path. The city now has 20 miles of paths with an additional 3.2 miles under design. Open Space Fund: Successes include the Wayfinding Path at Wheeler, the accessible path to the Wheeler Treehouse, the completion of the Red Rocks Park Management Plan, and trail improvements in permitting. Ms. Quallen showed the fund balances and projections. She noted that FY23 and FY24 are higher because of the increase in costs and the delays due to COVID. CIP projects include final design and construction of the Hubbard Natural Area, train improvements at Red Rocks, and a management plan for Wheeler. Emerging issues include: permitting which often requires Act 250 approval and multi-faceted projects which can lead to large teams. CITY COUNCIL 19 DECEMBER 2022 PAGE 7 Ms. Quallen spotlighted the proximity of 68% of housing to open space/park areas, the hiring of a Project Manager in FY23 to take on open space projects, and permitting for Red Rocks trail and drainage work. 7. Consider a Necessity Resolution and Declaration of Intent on the need to bond for improvement to the Bartlett Bay Water Treatment Facility and consider placing the question on the Town Meeting Day 2023 ballot: It was noted that the city must state the necessity of the project and the fact that the cost is too great to be included in the regular budget. Mr. DiPietro provided an overview of the project including a history of the facility, the expected useful life, photos of wear and tear on equipment, the need to address grit removal, and the fact that the disinfectant system is no longer supported by its manufacturer. He then showed the current and proposed site plans for the facility. Mr. DiPietro then reviewed the needs at the Airport Parkway facility related to volatile solids which are causing issues. The plan is to add a clarifier to address this concern. The proposed bond issue will also include refurbishing of 4 wastewater pump station (3 in Queen City Park and 1 on Bartlett Bay Road). Mr. DiPietro showed a map of pump stations and noted the concern with their aging which is beginning to result in failures. The total project cost based on the most recent bid information and including contingency and inflation is $32,800,000. Mr. DiPietro said a rate study is currently being done, and a 6.8% rate increase is proposed for FY24 for this project. It would cost the average homeowner$71.00 for the year. Grants are being sought to help reduce this amount. Construction is anticipated for FY24 through FY26. Ms. Emery asked if ARPA funds could be used for this. Mr. DiPietro said they are looking for any and all grants/funds and will try to pursue additional ARPA money which opens up on 29 December. Ms. Baker noted that the State has targeted money for disadvantaged communities; however, South Burlington is "getting in line" if the opportunity arises. Mr. McNeill noted the need for 2 motions to address necessity and intent. CITY COUNCIL 19 DECEMBER 2022 PAGE 8 Ms. Emery moved to adopt the "Resolution of Necessity for Capital Improvement". Mr. Barritt seconded. The motion passed 4-0. Ms. Emery then moved to adopt the "Declaration of Official Intent of the City of South Burlington to Reimburse Certain Expenditures form Proceeds of Indebtedness." Mr. Barritt seconded. The motion passed 4-0. 8. FY24 Budget: Receive the Community Development presentation (including the Energy Fund) and provide feedback to staff: Ms. Riehle congratulated Ms. Blanchard on the Illuminate Vermont event. Ms. Blanchard then outlined community development successes including securing of funds for the bike/ped bridge, substantial changes to the TIF district, launching of the east-west bridge outreach, and phase 2 of the City Center Park. There are no proposed changes to the general fund budget which now stands at $800,000. Ms. Blanchard noted that potential grant funds for TIE projects are not reflected in the FY24 budget. Sen. Chittenden asked if the Council needed to find funding, could the $800,000 be reduced to $600,000, though he did not advocate this. Ms. Blanchard said they are looking at high debt service and need to be prepared for that. Also, if funding is not there this year, it will need to be there in future years. Ms. Baker noted that if the Council wanted to consider this, an option would be to use surplus funds from FY23 for a one-time investment in the TIF district. Ms. Blanchard then showed a photo of an art piece to come to the Council for approval this year ($5,000 in the budget). Ms. Blanchard noted there is no funding for a Recreation Center in the FY24 budget. Ms. Blanchard then reviewed a summary of debt management and the CIP for FY24. Staff is working to move projects to construction in FY24. Some are in the design phase for construction in FY26-27. She explained the landfill array purchase and the request for a feasibility study regarding potential ownership of the array. This could reduce what is available to the energy fund, but it could be a long-term financial benefit. Ms. Blanchard explained the CITY COUNCIL 19 DECEMBER 2022 PAGE 9 Revolving Energy Fund revenues and expenditures including Public Works heat pump replacement and a fire station generator. FY24 bond issues include funding for Garden Street, Williston Road streetscape, City Center Park Phase 2, and the East-West bike/ped bridge. All are TIF related and will not affect the property tax. Sen. Chittenden noted that is true as long as the assumed development occurs. Emerging issues include: equity and engagement with all of South Burlington, the landfill array acquisition, and funding opportunities. Ms. Blanchard then spotlighted the City Hall Gallery. She noted there is now a curator. The Gallery was featured in the Fall issue of "Best of Burlington." 9. Tax Increment Financing District: Adopt a Necessity Resolution and Declaration of Intent on the need to bond for TIF Debt Authorization to fund the design and construction of Garden Street, Williston Road Streetscape, East-West Crossing, and City Center Park Phase II and consider placing the question on the Town Meeting Day 2023 ballot: Sen. Chittenden moved to adopt the Resolution of Necessity for City Center TIF District Capital Improvement Projects as presented. Ms. Emery seconded. The motion passed 4-0. Sen. Chittenden then moved to adopt the Declaration of Official Intent of the City of South Burlington to Reimburse Certain Expenditures from the Proceeds of Indebtedness. Ms. Emery seconded. The motion passed 4-0. 10. Receive an update from the Bicycle and Pedestrian Committee and consider approving an update to the Committee's charge: Ms. Gagne said there are 14 safety recommendations, number one of which is a budget for painting (striping, etc.) which should be done every year as the City of Burlington does. Ms. Gagne stressed that the Committee is very happy with the work done by Public Works. Ms. Riehle said this is a great list. She expressed concern that drivers do not stop for blinking crossing lights, and that the lights do not always give pedestrians enough time to cross safely. Sen. Chittenden said what is needed is a safety island halfway across. CITY COUNCIL 19 DECEMBER 2022 PAGE 10 Mr. Barritt said he would like to see a speed limit review. He noted one section of Dorset Street with a 40 mph posting. Sen. Chittenden asked about the Spear Street widening question. Ms. Quallen said this fell under the Highway CIP, and she did not know why it is no longer included. Ms. Baker said staff spend a lot of time trying to smooth out the CIP, and this project was likely one that was "smoothed out." She said it can be looked at again. Mr. Barritt said one possibility is the next paving of Spear Street if asphalt is all it will take. Ms. Quallen said the FY23 CIP has it going all the way to the Shelburne line. Mr. Britt said the Committee had moved it forward last year, but it was supposed to be on from Swift Street to the Shelburne line. He stressed that the shoulders of the road are not adequate. The road will also need traffic calming. He cited the need to get people to the neighborhoods. Mr. Britt added that it would be helpful is the City Council "blessed" some of the changes. Ms. Riehle suggested annotating the list so the Council can focus on what isn't done yet. Regarding the bike/ped Master Plan, Ms. Gagne said the Committee will be going forward with that. The Plan recommends a shared use path in Queen City Park. Ms. Emery then moved to approve the update to the Bike/Pedestrian Committee charge as presented. Sen. Chittenden seconded. Motion passed 4-0. Mr. Britt recognized Ms. Quallen. He said she has gotten more done in 6 months than the Committee did in 3 years. 11. Discuss and possibly approve a proposed Encampment Policy: Mr. McNeill said the policy was requested by the City Council. He noted that the original intent to store the personal property of an encamper for a week has been changed to a month. Mr. McNeill said there has been a question as to whether this should be a policy or an ordinance. He noted that other states have policies and they have been working well. This policy is modeled on the Maine policy. One advantage to a policy is that it can be adopted now whereas an ordinance would require several hearings. It is also easier to change. Ms. Baker said this was an emerging need, and a policy is easier to enact quickly to address the needs of residents. Mr. McNeill said it also focuses on city personnel and what they should do. CITY COUNCIL 19 DECEMBER 2022 PAGE 11 Mr. Taylor expressed concern with how this would be carried out in cemeteries. He suggested adding cemeteries to the list in Section 7.2. Council members agreed to this addition. Mr. McNeill stressed that the main intent of the policy is to find safe shelter for people at encampments. Ms. Dooley was pleased with the change to 30 days. She noted this issue is a result of the affordable housing and opiate crises. She also noted that she has protection from police and the Court to prevent incursion into her home. The homeless have not. She felt an ordinance would be more appropriate. She said Burlington adopted an ordinance because they found it was what had standing in Court. Ms. Emery said she would rather give people $600 a month than pay for the Court system. Mr. Trombly thanked the Council for its attempts to address affordable housing. He said rather than use the term "homeless people," it should be "people experiencing homelessness." He also would like to see this become an ordinance. Mr. Hyman said he is receiving emails from people about to be homeless. He thanked the Council for putting this on the forefront. Ms. Emery moved to adopt the Encampment Policy with the addition of cemeteries in Section 7.2. Mr. Barritt seconded. Motion passed 4-0. 12. Continued First Reading of an ordinance to implement Education Impact Fees and set a public hearing for a Special Meeting on 23 January 2023 at 6:30 p.m.: Mr. Conner reviewed the history. He noted that a few changes had been made to the Ordinance including an affordable housing exemption and an adjustment to the way fees are recouped (this is now $100 per permit for any impact fee). Mr. Barritt moved to set a public hearing on the Ordinance to Implement Education Impact Fees for 23 January 2023 at 6:30 p.m. Ms. Emery seconded. Motion passed 4-0. 13. Opportunity for Councilors and the public to share information and resources on Climate Change: CITY COUNCIL 19 DECEMBER 2022 PAGE 12 There was no information shared. 14. Other Business: No other business was presented. 15. Consider entering a possible executive session to discuss pending litigation: Mr. Barritt moved that the Council make a specific find that premature general public knowledge of the Council's discussion of pending litigation to which the city is a party would clearly place the city at a substantial disadvantage. Ms. Emery seconded. Motion passed 4-0. Mr. Barritt then moved that having so found, the Council meet in executive session to discuss pending litigation to which the city is a party and to invite into the session Ms. Baker and Mr. McNeill. Ms. Emery seconded. Motion passed 4-0. The Council entered executive session at 10:15 p.m. 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 4-0. The meeting was adjourned at 11:05 p.m. Clerk