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HomeMy WebLinkAboutAgenda - City Council - 03/09/2023 - Organizational MeetingAGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilorganizationalmeeting03-09-2023 You can also dial in using your phone. +1 (646) 749-3122 Access Code: 890-002-781 Organizational Meeting 6:30 P.M. Thursday March 9, 2023 1. Pledge of Allegiance (6:30 PM) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM) 4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM) 5.Under § 13-303 of the City's Charter, elect a Council Chair, Vice Chair, and Clerk (CityManager presiding) – Jessie Baker, City Manager (6:45 – 7:05 PM) *** Chair becomes presiding officer after election *** 6. Councilors’ Announcements and Reports on Committee assignments and City Manager’sReport (7:05 – 7:15 PM) 7.Consent Agenda: (7:15 – 7:20 PM) A.*** Consider and Sign Disbursements B.*** Approve minutes from the February 6, 2023 and February 21, 2023C.*** Award the Landscaping Bid to Vermont Stone & Horticulture 8.*** Approve the annual appointments of various City officials pursuant to the City Charter,Chapter 13, Section 301 (2) and relevant municipal ordinances – Jessie Baker, CityManager (7:20 – 7:30 PM) 9.*** Discuss and possibility approve the 2023 - 2024 City Council meeting schedule pursuantto the City Charter, Chapter 13, Section 305(a) – Jessie Baker, City Manager (7:30 – 7:40PM) 10.Designate Official paper of Record (Currently The Other Paper) – Jessie Baker, CityManager (7:40 – 7:45PM) 11.Designate Official Depositories (Currently TD Bank) – Jessie Baker, City Manager (7:45 –7:50 PM) 12.Appoint Council Representative to the Pension Advisory Committee – Jessie Baker, CityManager (7:50 – 7:55 PM) 13.Other Business (7:55 – 8:05 PM) 14. Adjourn (8:05 PM) Respectfully Submitted: Jessie Baker City Manager *** Attachments Included Champlain Water District Check/Voucher Register - Check Report by Fund From 3/9/2023 Through 3/9/2023 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 3/9/2023 4538 E.J. Prescott Cold Patch 108.79 6136991 3/9/2023 4539 FirstLight Fiber Account 101167 21.43 13578665 3/9/2023 4540 Grainger Blower 159.32 9607260446 3/9/2023 4541 South Burlington Sewer Department February 2023 Sewer Billings 218,200.85 SEWER BILLINGS022823 3/9/2023 4542 South Burlington Stormwater Department February 2023 Stormwater Fees 83,717.92 STORMWATER022823 Total 70 - South Burlington Water Department 302,208.31 Report Total 302,208.31 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Page: 1 CITY COUNCIL 6 FEBRUARY 2023 The South Burlington City Council held a regular meeting on Monday, 6 February 2023, 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, M. Cota ALSO PRESENT: J. Baker, City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; M. Machar, Finance Director; T. DiPietro, Public Works Director; L. Bailey, R. Greco, M. MacDonald, D. Peters, C. McDonald, P. Taylor, B. Sirvis, J. Louisos, S. Dooley, J. Bellevance, M. Mittag, K. Moore, Rep. N. Hyman, C. Trombly, K. Donahue 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: Mr. Donahue expressed concern that when the drop-off centers re-opened services dropped dramatically. They no longer take Christmas trees, appliances, mattresses/bedding, etc., and those things have to be brought to Williston. The drop-offs were originally set up so there weren’t so many people having to drive around with such things. Now it’s completely changed. Mr. Donahue felt this should be looked into Mr. Donahue also expressed concern that the city is spending money on luxury road projects (e.g., the bridge over the interstate) but there are crumbling city roads. He said the back side of his street hasn’t been touched in 30 years. They were told that Pinnacle won’t be done till 2024 of ’25. Ms. Baker said she would look into the drop-off center. Mr. Barritt noted that the Pine St. center in Burlington now takes only compost, which he felt was a waste of that site. 4.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended, noting the following: CITY COUNCIL 6 FEBRUARY 2023 PAGE 2 Mr. Cota: Green Mountain Transit is considering re-instituting fares for Chittenden County. The assessment for South Burlington for FY24 will be $591,000. Mr. Cota said he will be happy to continue to serve but would yield if the Council wants to appoint a Council member after he leaves the Council Ms. Riehle: The Airport will still be going through with the hotel plan, but they are not sure when. They are going to bid for repair to the cemetery fencing which should be done this spring. The final noise exposure map will be out in September. Senator Leahy’s “gift” to the Airport was a $34,000,000 appropriation to redo the north end of the terminal building. The Airport also received a healthy audit report. Ms. Baker: A Town Meeting Day website has been established with voting information. There will also be public sessions on 2/8, 2/14, 2/28 and 3/6. Recent public safety issues in the past week included: a fire on Spear Street this morning, 32 rescue calls during the 24-hour cold spell, and a stolen car event that resulted in 2 damaged Police cruisers In January, there were 10 referrals to the Community Justice Center from police officers. 60% of these were resolved there. With Chiefs Locke and Burke, attended a meeting regarding regional dispatch. There will be 3 public sessions on the Comprehensive Plan this week. The Senior Center is a huge success, and they are looking for volunteers to help with programs. The Dorset St. signal project is kicking off this week. The 44 properties that were scheduled for a tax sale have been reduced to 7. Discussions are underway with the owners of those properties. The auction is set for 16 March. The VHAP program is still available, and 5 people took advantage of that and got up to date. The annual celebration for the Fire Department will be on 23 February at which time new recruits and promotions will be introduced. CITY COUNCIL 6 FEBRUARY 2023 PAGE 3 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from 3 January and 17 January 2023 City Council meetings c. Approve application for a Community Recovery and Revitalization Program grant to support the construction of additional water storage in the City’s high service area d. Approve the application and acceptance of an ARPA 2022 Pretreatment Grant to complete an assessment of our industrial wastewater users e. Approve the annual Certificate of Highway Mileage f. Approve the FY2022 TIF Annual Report Ms. Emery asked to remove “f” from the Consent Agenda. Ms. Emery then moved to approve Consent Agenda items a-e. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery asked about the Efficiency Vermont rebate. Ms. Machar said 5,600 were reported in the previous year. 5,500 were received this fiscal year. Ms. Emery also asked about the $5,000,000 debt on the City Hall building. Ms. Baker said that is just the TIF amount. Ms. Emery then moved to approve Consent Agenda item “f.” Mr. Barritt seconded. Motion passed unanimously. 6. Receive a presentation from the Sextons and provide direction to staff or take action: Ms. Kinville said the Sextons are asking to increase lot prices. She noted they have been working hard to bring the cemeteries up to an acceptable level; however, the role of the Sextons is limited as all decisions must be made by the Cemetery Commission (i.e., the City Council). The Sextons are asking that the Council make the Sextons the Cemetery Commission or expand their role so they can do more. Ms. O’Brien said the city’s cemetery plots are very inexpensive. They are asking to increase the cost to $500 for a resident and $700 for a non-resident. Burlington charges $700 and $1200 for CITY COUNCIL 6 FEBRUARY 2023 PAGE 4 the same size plots. There is also the possibility of selling “cremation lots” which would be smaller. Ms. Riehle asked where this money goes. Ms. Kinville said it goes to care and maintenance. Plots have “perpetual care” included in the fee. Money is in a special fund to which the city contributes $1,000 a year. That fund now has $13,000. Mr. Taylor noted that fund also paid for some of the cleaning supplies for recent work. Ms. O’Brien noted the neighboring car dealership on Shelburne Rd. has plowed snow into the fence which has been almost knocked over. Ms. Riehle asked if the Council would still appoint members if the Sextons became the Cemetery Commission. Ms. Kinville said they would. The Council would also approve recommendations made by the Commission. Ms. Kinville then showed a list of work in progress and note the City Attorney will be working on rules/regulations for a Cemetery Commission. Mr. Taylor said when they have that information, they can give the Council a better idea of what is expected from the Cemetery Commission as separate from the City Council. Ms. Kinville showed a picture of the repair work done at the Shelburne Rd. cemetery including the cleaning and repositioning of gravestones. Ms. Baker said a Resolution will be needed to increase the fees. There is still work needed before the Council can vote on the fees and on the Cemetery Commission change. Ms. Kinville then showed a picture of a proposed art project at the Shelburne Rd. cemetery which was brought to the Sextons by a local artist. She expressed concern with the permanence of the project as it might have to be moved to sell lots under it. There is also the issue of blocking visibility to the rear of the cemetery where there have been issues with vagrants. Mr. Taylor thanked Ms. Riehle for working with the Airport Commission to get the fence at the Airport Dr. cemetery fixed. CITY COUNCIL 6 FEBRUARY 2023 PAGE 5 7. Receive and accept the FY22 Audit from RHR Smith: Ms. Machar noted that FY22 ended with a surplus. Ms. MacDonald said the FY22 audit was clean. She recommended that Council members read the summary. The fund balance for the general fund (p.17 of the audit) is $4,800,000. $2,500,000 is an unassigned fund balance. $1,200,000 is for the Dorset Street project. Ms. Riehle asked what “non-spendable funds” are. Ms. MacDonald said this is money that has already been spent, either on inventory or on prepaid items to be used in the next fiscal year. An example of this is the DPW fuel storage tank. Ms. MacDonald noted that the city underspent the budget by about $300,000 and commented that it is hard to be more accountable than that. She also noted the all enterprise funds have positive balances. Ms. MacDonald said that the one small issue noted in the Management Letter has already been addressed. Ms. Baker thanked Ms. Machar for her diligence and professionalism and noted that Ms. Machar and a small team of people do a great job. 8. Receive December financials representing the financial state through the first half of FY23: Ms. Machar said expenses are consistent with previous years. Revenues are at 62% of the conservative estimate. With a lot of construction, permit fees have increased, and interest rates have more than tripled. Mr. Barritt noted that Colchester is funding the building of a Recreation Center using the Local Option Tax. He also noted that South Burlington’s Local Option Tax receipts are ahead of projections. 9. Receive Proposed Land Development Regulations Amendment #LDR-22-09 that adjust the Environmental Protection Standards adopted in 2022 and possibly set a Public Hearing for 20 March at 7:30 p.m.: CITY COUNCIL 6 FEBRUARY 2023 PAGE 6 Mr. Conner said the minor amendments relate to stormwater projects, distinguishing between natural and man-made slopes, and exempting very small pre-existing lots from the 100-foot wetland buffer (for many of those homes the 100-foot line goes into the house). Ms. Riehle noted the reducing of the 100-foot buffer would allow for a deck or a small shed. Mr. Conner also noted that the amendments also allow for wetland standards in City Center to be reviewed administratively using the same standards as those used by the DRB. Mr. Cota said the reducing of the buffer to 50 feet in those cases makes sense. He asked about the slopes issue. Mr. Conner cited the Maple Leaf Motel where a slope was created down to the K-Mart Plaza. Mr. Barritt moved to set a public hearing on 20 March 2023 at 7:30 p.m. for LDR-22-09 amendments. Ms. Emery seconded. Motion passed unanimously. 10. Discuss H-68, “An Act relating to removing State and municipal regulatory barriers for fair zoning and housing affordability,” and potentially take action: Ms. Riehle said she hoped the Council can provide clear direction as to the position of the city regarding some provisions of H-68. She would like to be able to go to Montpelier with a thoughtful discussion of what South Burlington has done and how the bill can be improved. Ms. Louisos said the Planning Commission had a robust discussion and felt it is important for the city to give feedback and that it come from the City Council. The Commission felt that H-68 has admirable goals, but some of the language doesn’t work with what South Burlington has already done. The Commission had no issue with keeping its high-density development, but they don’t want to impact the conservation areas. Ms. Riehle noted that the Senate is putting together a much larger bill, and the process in each House is different. The Senate bill has to go through other committees for input. The concern is that this is being rushed through. South Burlington has a slot on Wednesday to present their concerns to the Senate, but that is not the last time the city can offer comment. Ms. Baker said that time slot has to be confirmed. She added that it would be helpful if the Council indicated what to present as testimony or if a Councilor would like to do the presentation. Ms. Riehle said she has heard that South Burlington is not the only community with issues and that there have already been changes made to the bill. She stressed that there are a lot of steps along the way. CITY COUNCIL 6 FEBRUARY 2023 PAGE 7 Mr. Cota asked whether VLCT has made any statements regarding either bill. Ms. Baker said VLCT saw both bills before they were presented. They indicated they are aware of the housing crisis and are interested in stating their priorities. They have not taken a hard position. They have stated that “to solve the crisis just by looking at municipal zoning won’t work.” The question is whether communities should give up local control to solve 30% of the problem. Ms. Emery said she believes a rental registry and short-term rentals need to be addressed. Mr. Cota indicated he would not sign onto the proposed letter. He said it is the Senate bill that will be moving forward. Sen. Chittenden said the bill is continuing to evolve and that the letter is premature. He suggested delaying action until March. Ms. Riehle said the city, which has been successful in developing affordable housing, could give a broader view to a committee that is struggling with language. She did not want there to be a bill in May that is vague and has impacts all over South Burlington. She felt it is timely to let the Legislature know the city has helpful thoughts that might work for South Burlington and for other communities. Mr. Mittag noted that a lot of communities don’t have water and sewer in their town centers and wouldn’t be captured by this bill. He added that the bill also preempts some of the work of South Burlington’s Climate Action Plan. He said the Planning Commission tried to improve the bill so its objectives can be met. Mr. Barritt said he supports the letter and feels that H-68 overreaches into municipalities and tells them how to manage their zoning. Ms. Riehle noted that one developer called the author of the Senate bill and told her that because of duplexes, people would have to park in the street, which they don’t do now in his neighborhood. Ms. Emery said it is important to include progress being made on infill. She also questioned what the bill(s) would do to the city’s TDR program and said they can’t leave people hanging with promises that were given to them. She supported the letter. Mr. Conner said if the Council goes ahead with the letter, they should give some broad parameters to those who speak at the Legislature so that South Burlington can be a model in the state. CITY COUNCIL 6 FEBRUARY 2023 PAGE 8 Ms. Baker said it is a hard position to be in when there is a 3-2 split on the Council position. She wondered if there is a middle ground position that Ms. Riehle could present to the Legislature. She also suggested that Mr. Conner speak to the “on the ground permitting implications” of the bill(s). Ms. Emery moved to approve the letter regarding bills H-68 and 23-091, changing “compromise” to “consultation and in depth discussion” and authorizing the Chair to sign on behalf of the city, and to participate in State level discussions with Mr. Conner and Ms. Baker. Mr. Barritt seconded. Motion passed 3-2 with Mr. Cota and Sen. Chittenden opposing. 11. Discussion of a potential leaf blower ordinance and provide direction to staff: Ms. Baker said staff is working on Ordinances and she wanted to know the Council’s priority for this. Ms. Emery said the City of Burlington has such an ordinance which could be a model. She suggested South Burlington’s ordinance be year-round (Burlington’s is only when it’s warmer and windows are open). Mr. Cota suggested asking whether the Burlington ordinance is working and how it is enforced. Ms. Emery said she would like to know how long it will take to get ordinances. The Other Paper has said there is a 25% increase in short-term rentals. Mr. Barritt questioned whether these properties now become commercial properties for tax purposes, and suggested that the State could weigh in on that. Ms. Baker said a team is already doing that research and will come to the Council with input in April. Both Ms. Moore and Ms. Greco supported the concept of a leaf blower ordinance. 12. Other Business: Ms. Emery said there are still dogs walking off-leash on Wheeler trails. She suggested some signage at the beginning of the trails and also a fine. Mr. Cota noted there are signs at Wheeler and Red Rocks in the spring and fall, but they were taken down because of weather issues. He felt fines need to be emphasized. Ms. Riehle suggested having Ms. Milizia discuss this with the Committee and do some monitoring. CITY COUNCIL 6 FEBRUARY 2023 PAGE 9 13. Consider entering a possible executive session to consider the review of a public official, specifically the City Manager: Mr. Barritt moved that the Council enter executive session to consider the review of the City Manager, inviting into the session Ms. Baker. Ms. Emery seconded. Motion passed unanimously. 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 p.m. _________________________________ Clerk CITY COUNCIL 21 FEBRUARY 2023 The South Burlington City Council held a regular meeting on Monday, 21 February 2023, 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; P. Conner, Director of Planning & Zoning; C. McNeil, City Attorney; M. Machar, Finance Officer; Chief S. Locke and Deputy Chief T. Francis, Fire Department; I. Blanchard, Director of Community Development; J. Kilacky, A. Pugh, M. Townsend, B. Sirvis, G. Silverstein, D. Bugbee, S. Dopp, R. Greco 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: There were no comments or questions from the public. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Mr. Cota, who was attending his final meeting as City Councilor, thanked Council members, the community and his family for their support during his term in office. Council members and Ms. Baker thanked Mr. Cota for his contributions and wished him well in his future endeavors. Ms. Baker: Thanked SBBA for a great morning event. Town Meeting Day information is now available on the city’s website. There will be one more public forum on 28 February and then the pre-Town Meeting event on 6 March. Comprehensive Plan discussion will begin again in March. There is a 5-minute survey on the website. 177 responses have been received so far. CITY COUNCIL 21 FEBRUARY 2023 PAGE 2 The event to honor Firefighters is being postponed due to the storm event that is forecast. Attended a meeting along with Chief Burke regarding the possibility of a new women’s facility in the city. There is a need for facilities focusing on “re-entry” to the community. If the current prison leaves the city, that area will be available for development. The city is willing to host a new facility. The re-organizational meeting of the City Council will be held on Thursday, 9 March at 6:30 p.m. 5. Consent Agenda: a. Approve and Sign Disbursements b. January Financials c. Approval of Road Impact Fee credit requests for construction at 224 Market Street, 268 Market Street and 339 Garden Street Ms. Emery moved to approve the Consent Agenda as presented. Mr. Cota seconded. Motion passed 4-0. 6. (agenda item #13) Opportunity for Councilors and the public to share information and resources on Climate Change: Mr. Barritt noted that during the recent cold snap, the #1 fuel to generate electricity was oil, followed by gas. As the temperatures rose, the #1 fuel was natural gas. At this point in time, hardly any oil is being used; it is all gas and nuclear. There are clearly challenges to becoming more renewable. Mr. Cota noted that he attended a meeting at On Logic. They are trying to see how to use less oil. Ms. Emery said if money is put where the city wants it to go, the industry will follow. Mr. Barritt noted that natural gas prices are coming down. 7. Resolution Honoring the Service of Rep. John Kilacky, Rep. Ann Pugh, and Rep. Maida Townsend: Ms. Riehld read the Resolution which enumerated the specific contributions of each of the Representatives. Ms. Sirvis and Ms. Dopp echoed the Resolution on behalf of the community. CITY COUNCIL 21 FEBRUARY 2023 PAGE 3 8. Consider entering executive session to discuss the evaluation and employment contract of the City Manager: Mr. Barritt moved that the Council enter executive session to discuss the evaluation and employment contract of the City Manager. Mr. Cota seconded. Motion passed 4-0. The Council entered executive session at 7:04 and resumed open session at 7:30 p.m. 9. Consider action to approve the City Council’s contract with the City Manager: Ms. Riehle reviewed the evaluation process which included a self-evaluation, City Council evaluation, and evaluations by the Leadership Team and key stakeholders. She said all evaluations were outstanding with excellent comments. The City Manager will receive a substantial raise in increments during the 3-year contract. She will also receive a 5th week of vacation in the third year of the contract. She is also authorized to apply for designation as ICMA Credential Manager for which the city will pay the $125.00 fee. Mr. Cota moved to approve the City Council’s contract with the City Manager as presented. Mr. Barritt seconded. Ms. Emery said she will vote against the motion because she believes that the 12% increase in the first year of the contract is too high. She stressed that the City Manager is doing an excellent job, and the vote is only because of the money involved. In the vote that followed, the motion passed 3-1 with Ms. Emery voting against. 10. Discuss “dr req 23-0091 – draft 7.2,” the Senate’s Omnibus Housing Bill, and H-68, “An act relating to removing State and municipal regulatory barriers for fair zoning and housing affordability” and potentially take action: Ms. Riehle noted the 2 bills are focused on an attempt to meet the demand for housing in the state. She also noted that she and Mr. Conner spoke to the Senate committee whose members were interested in what they had to say. Mr. Conner said there has been a new version of the bill since the one received last week. One change addresses the fact that the terms “area served by water and sewer” had not been defined. The change now acknowledges that there are circumstances where “land served by CITY COUNCIL 21 FEBRUARY 2023 PAGE 4 water and sewer” would not apply such as the land between a village and mobile home park and flood hazard areas. In the new version of the bill, the minimal allowable zoning has been reduced from 5 units per acre to 4 in areas served by water and sewer. There is also a 40% density bonus and an allowable extra story for an affordable housing development. With regard to energy standards, municipalities can regulate energy where units are a minimum of 1800 sq. ft. Mr. Conner noted that there is a new tool for communities with a “designated downtown” to avoid Act 250. South Burlington does not have such a designation. Mr. Conner then addressed how the new regulations could impact South Burlington. He said some of those impacts could be major: 1. There is still a question regarding “area served by water and sewer. The city would like to have the ability to say “no” to expansion of water and sewer and to match up zoning within a sewered area. 2. The bill would allow for pre-existing homes to connect to water and sewer. 3. The city was invited to comment on TDRs. Mr. Conner said they would like clarification that the city’s TDR program meets the intent of the rule. 4. Assuming the city can say NRP AND Habitat Blocks can be excluded from a water and sewer area, there are areas that could be of consequence: the west side of Spear Street, which is served by water and sewer and which is zoned at one unit per acre, would have to be 4 units per acre. The area north of Swift Street behind the habitat block is “sort of” served by water and sewer (the side of Spear Street opposite from the church). Most of that land is habitat block, but there is a portion outside the habitat block. 5. Other problematic areas include: an area in the SEQ which is zoned at 1.8 units per acre would need to go back to being 4 per acre. There are also a handful of parcels in the NRP which allow for some development and are near water and sewer (about 7 parcels). There could be some areas carved out to be 4 units per acre. There are also a handful of cases where a parcel can’t be a Conservation PUD and would have to allow 4 units per acre on the 30% piece that is allowed to be built on. CITY COUNCIL 21 FEBRUARY 2023 PAGE 5 Mr. Conner noted that area in the city that does not allow for development would not be impacted. Regarding energy, Mr. Conner said the bill is not responsive to South Burlington concerns. It is not clear whether authority remains with the municipality. Mr. Cota asked if there is an issue with building height. Mr. Conner said it is a little in conflict with South Burlington which increased its heights on Shelburne Road to 5 stories. There could be a challenge in TND areas where the focus is on scale. There are areas where an additional story could be an issue, particularly as it would identify “affordable” buildings. Mr. Barritt asked whether 5 stories can be done by wood now. Mr. Conner said his understanding is it can. 6 stories would be an issue. Deputy Chief Francis said there is a 5 story building in the city now. There are also a couple of “podium style” buildings going in with 2 stories of steel and 4 of wood above the steel. 1068 Williston Rd. is an example of this. Mr. Barritt said that adding a 5th story might not be practical. He took issue with allowing a 5-story building in an area adjacent to a single-family neighborhood. Mr. Barritt asked whether the Legislature has ever dipped into local zoning. He questioned why the city should have a Planning Commission if the State is going to dictate what to do. He was opposed to the State telling the city what the Planning Commission and DRB have been doing for years. He questioned whether any of this is unconstitutional. Ms. Baker said there is a “myth” of local control in Vermont which is a strong Dillon Rule state. Ms. Emery asked what the city has to do to protect its natural resource areas. Mr. Conner said a municipality can draw boundaries of water and sewer areas and clarify that TDRs and other programs redistribute density to meet the standard. There are also new tools that the State could add, specifically a second “downtown” area and allocating some of what is done in Act 250 to local municipalities. Mr. Conner asked whether the Council wants to “push back” against areas that are affected by the bill(s). He noted that there are areas in the city that the Planning Commission is already looking at for potential infill development. CITY COUNCIL 21 FEBRUARY 2023 PAGE 6 Mr. Cota noted that in some small communities there are very specific rules regarding water and sewer. “You need permission to put in a toilet.” Mr. Conner said the bill does not require housing where there is no capacity, but the question is how to define that. Mr. Emery asked what the city can do if the language doesn’t allow protection of the city’s natural areas. Mr. Conner said if there is an area that prohibits residential development, that is OK. The city may have to identify exactly where you can build a house, the part of an area where development is allowed. Ms. Emery said they may have to prohibit any development in the NRP, if that becomes an issue. She added that allowing some residential in agricultural areas also concerns her. Mr. Barritt said it seems they would not be allowing public participation in the subdivision review. Mr. Conner said that was part of the section which would allow for administrative review and relates only to very small properties. Mr. Barritt noted areas where 9 homes have been developed in order to avoid Act 250 review. He asked whether those areas could not have 25 homes. Mr. Conner said the standards is 9 homes within 5 miles within 5 years. It is not an issue because someone has done something within those parameters. Mr. Cota noted the proposed bill will change many times. He was comfortable having Mr. Conner continue to represent the city’s interests. Ms. Emery said she felt 50-foot buffers are not adequate. Mr. Conner said South Burlington doesn’t allow development within 100 feet, so that is a “no development area” which would not affected. Mr. Chalnick questioned whether the city really is protected if it doesn’t allow development in an area. There is also the question of what constitutes a “district.” He felt the entire SEQ could be carved out as a district which would allow 4 units per acre throughout, even overriding the Conservation PUD. Mr. Mittag the city should have a defined sewer area which, he felt, would solve the problem. Otherwise, it sounded to him like the whole city could be 4 units per acre. Ms. Greco said it sounds like the Legislature is doing zoning, and that is inappropriate and is a usurpation of the city’s ability to take care it itself. It is a “developer’s dream.” Ms. Dopp CITY COUNCIL 21 FEBRUARY 2023 PAGE 7 agreed and said she was repelled by the idea that “one size fits all.” She felt historic villages should not have the same treatment as the City of South Burlington. Mr. Conner said he felt he understands the city’s intent and will speak with legal people this week. If something changes substantially, there can be more discussion. 11. Approve the purchase of 1270 Williston Road: Ms. Baker said this a very exciting for the TIF District. Mr. McNeil said the city has the option to purchase the “triangle piece” at Williston Road/Midas Drive/White Street. This would improve the road alignment. Ms. Baker said the city has been working with the property owner for many years. The owner has agreed to a sale rather than go through an eminent domain process. Mr. McNeil said the city would remove the building and create an intersection. Ms. Blanchard said the parcel will add traffic capacity to the area. The funding for the purchase is in the TIF vote. Even if the vote were to fail, the city is still committed to the purchase. Mr. Barritt moved to approve the purchase of 1270 Williston Road and authorize the City Manager to sign all documentation to complete the sale. Ms. Emery seconded. Motion passed 4-0. 12. Receive a recommendation to apply for a SAFER (Staffing for Adequate Fire and Emergency Responses) grant and possibly approve: Chief Locke explained the SAFER program and noted this could be last time it is offered. The program allows for the hiring/retention of Firefighters. The city previously got 6 Firefighters under the program, and community picked up the cost over time. The program now covers 100% of the cost of new Firefighters for 3 years with no requirement to retain them after that time. It also allows for the rehiring of laid off Firefighters. Chief Locke said the request is to apply for 3 Firefighters, one for each shift. This would get the department to 15 available Firefighters per shift, which is the standard. That number includes the Air Guard Firefighter unit which now responds to all fires in the city. This would also allow for a Shift Supervisor who would not be stuck on a medical call when he could be doing something more valuable. CITY COUNCIL 21 FEBRUARY 2023 PAGE 8 The city would be notified by September 2023 if the grant is awarded and would have 180 days to hire the 3 Firefighters. This would allow them to be trained by January 2024. The grant application is due by 15 March. Ms. Riehle said she thought it was a great idea. The city could then see where things stand in 2027 with the budget. Mr. Cota agreed. Mr. Cota then moved to approve the application for a SAFER grant as presented. Ms. Emery seconded. Motion passed 4-0. 13. Receive the second update to the shared FY23 Policy Policies and Strategies: Ms. Baker noted that UMall has now closed on the purchase of the Sears property and has more site control. 14. Other Business: Mr. Barritt noted that one of his wife’s sculptures is displayed high up in the dog park and glows at night.. She is also working on a VTrans public art project. Ms. Riehle noted that Betty Milizia wrote a very strong article regarding the need for people to pick up after their dogs. Ms. Emery suggested that the orientation for Airport neighbors regarding insulation should be moved up. As there was no further business to come before the Council Mr. Cota moved to adjourn. Mr. Barritt seconded. Motion passed 4-0. The meeting was adjourned at 9:33 p.m. _________________________________ Clerk MEMO To: South Burlington City Council From: Tom DiPietro, Director of Public Works CC: Adam Cate, Deputy Director of Operations Date: February 28, 2023 Re: Award of South Burlington 2023 Landscaping Contract On January 19, 2023 the City of South Burlington released a Request for Proposals (RFP) for Landscaping services during the 2023 calendar year. The locations where landscaping services were requested include: the Market Street ROW, the Market Street Stormwater Pond in City Center Park, 180 Market Street, the Iby Street Bioretention Area, the City Center Park Playground, and the Szymanski Park Stormwater Pond. On February 14, 2023 a bid opening was held at the Department of Public Works. The City received proposals from three contractors (summary in Table 1). The low bid for this project was submitted by Guilmette Landworks for an amount of $43,006.00. Staff reviewed the bid and discovered a math error, which made the total amount of the proposal $42,986.00. On 2/16/23 Guilmette Landworks withdrew their proposal after further consideration. The second highest bid was submitted by Vermont Stone & Horticulture for $78,915.00. Staff reviewed the bid and discovered a math error, which made the total amount of the proposal $82,875.00. The final bid was submitted by Landshapes for an amount of $90,863.00. Table 1. Summary of Bids Received for South Burlington Landscaping Services in 2023 Contractor Total Bid Price Guilmette Landworks $ 43,006.00 Vermont Stone & Horticulture $ 82,875.00 Landshapes $ 90,863.00 I have reviewed the bid package submitted by Vermont Stone & Horticulture. All required materials were included. All contract addenda were received by the contractor. Proof of insurance has been provided. All necessary documents have been signed. The cost of the proposal is what was anticipated and is within the amount supported for landscaping services across City budgets. Based on this, I am requesting that City Council authorize the South Burlington Department of Public Works to award the 2023 Landscaping Services contract to Vermont Stone & Horticulture. If you would like additional information on this project or the bid results, please contact me at (802) 658- 7961 x6101. Item Number Item Location Item Description Quantity (#)Units Guilmette Landworks Vermont Stone and Horticulture Landshapes 1a Market Street Right of Way Spring Clean-Up 1 Lump Sum $ 3,496.00 $ 8,850.00 $ 6,430.00 1b Market Street Right of Way Bed / Plant Maintenance 1 Lump Sum $ 1,150.00 $ 6,600.00 $ 5,760.00 1c Market Street Right of Way Fall Clean-Up 1 Lump Sum $ 1,150.00 $ 1,625.00 $ 5,070.00 1d Market Street Right of Way Annual Plantings 1 Lump Sum $ 11,180.00 $ 700.00 $ 5,475.00 1e Market Street Right of Way Fall Decorating 1 Lump Sum $ 4,045.00 $ 3,500.00 $ 4,500.00 2a Market Street Stormwater Pond in City Center Park Spring Clean-Up 1 Lump Sum $ 2,271.00 $ 12,500.00 $ 8,775.00 2b Market Street Stormwater Pond in City Center Park Bed / Plant Maintenance 1 Lump Sum $ 830.00 $ 11,000.00 $ 8,100.00 2c Market Street Stormwater Pond in City Center Park Fall Clean-Up 1 Lump Sum 974.00$ 1,950.00$ 4,400.00$ 3a 180 Market Street Spring Clean-Up 1 Lump Sum $ 2,271.00 $ 2,980.00 $ 4,228.00 3b 180 Market Street Bed / Plant Maintenance 1 Lump Sum $ 850.00 $ 4,400.00 $ 4,200.00 3c 180 Market Street Fall Clean-Up 1 Lump Sum $ 974.00 $ 1,040.00 $ 1,665.00 4a Iby Street Bioretention Area Spring Clean-Up 1 Lump Sum $ 1,200.00 $ 650.00 $ 1,800.00 4b Iby Street Bioretention Area Bioretention Area Maintenance 1 Lump Sum $ 700.00 $ 2,000.00 $ 2,160.00 4c Iby Street Bioretention Area Plantings 1 Lump Sum $ 4,500.00 $ 500.00 $ 3,000.00 4d Iby Street Bioretention Area Fall Clean-Up 1 Lump Sum $ 700.00 $ 600.00 $ 1,125.00 5a City Center Park Playground Area Spring Clean-Up 1 Lump Sum $ 1,200.00 $ 8,850.00 $ 4,190.00 5b City Center Park Playground Area Bed / Plant Maintenance 1 Lump Sum $ 700.00 $ 8,800.00 $ 4,680.00 5c City Center Park Playground Area Fall Clean-Up 1 Lump Sum $ 700.00 $ 1,170.00 $ 2,975.00 6a Szymanski Park Spring Clean-Up 1 Lump Sum 2,271.00$ 2,180.00$ 4,575.00$ 6b Szymanski Park Bed / Plant Maintenance 1 Lump Sum 850.00$ 2,200.00$ 6,000.00$ 6c Szymanski Park Fall Clean-Up 1 Lump Sum 974.00$ 780.00$ 1,755.00$ 42,986.00$ 82,875.00$ 90,863.00$ SOUTH BURLINGTON LANDSCAPING SERVICES 2023 BID SUMMARY 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To: South Burlington City Council From: Jessie Baker, City Manager Date: March 2, 2023 Re: Annual Appointments Appointments to be made by majority vote of City Council Pursuant to City Charter, Chapter 13, Section 301 (2). The City Charter, Chapter 13, Section 301 (2) requires that certain appointments be made annually by the City Council. A list of those appointments and proposed appointees is listed below. All proposed appointees have agreed to serve for a one year term. Position Incumbent City Treasurer Martha Machar Assistant City Treasurer Donna Kinville City Attorney Colin McNeil Zoning Administrator Marla Keene Acting Assistant Zoning Administrator Paul Conner Acting Assistant Zoning Administrator Marty Gilles Acting Assistant Zoning Administrator Betsy Brown Acting Assistant Zoning Administrator Kelsey Peterson First Constable Detective Corporal Kevin Grealis Second Constable Detective Corporal Dan Boyer Grand Juror Jessie Baker City Agent & Trustee of Public Funds Jessie Baker Other appointments to be made by majority vote of the City Council Pursuant to Ordinance or other requirements. Position Incumbent Code Enforcement Officer Marla Keene Assistant Code Enforcement Officer Paul Conner Assistant Code Enforcement Officer Marty Gilles Assistant Code Enforcement Officer Betsy Brown Assistant Code Enforcement Officer Kelsey Peterson Telecommunications Officer Marla Keene Assistant Telecommunications Officer Paul Conner Assistant Telecommunications Officer Betsy Brown Assistant Telecommunications Officer Marty Gilles Emergency Management Director Steven Locke Building Inspector Terry Francis Health Officer (approved via VDH) Terry Francis 180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov To:  South Burlington City Council  From: Jessie Baker, City Manager  Date: March 3, 2023   Re: Approval of the 2023‐2024 City Council Meeting Schedule  The City Charter, Chapter 13, Section 305 “Meetings” states, “(a) As soon as possible after the election  of the Chair and Vice Chair, the Council shall fix the time and place of its regular meetings, and such  meetings shall be held at least twice a month.”  The Council regularly meets on the first and third Mondays of the month at 6:30 pm in the Auditorium  at 180 Market Street.  Given holidays, we recommend the following to be the Council 2023‐ 2024  Meeting Schedule:   Month 1st Meeting 2nd Meeting Notes/Questions  March Thursday, March 9 Monday, March 20 April Monday, April 1 Monday, April 17 May Monday, May 1 Monday, May 15 June Monday, June 5 *Monday, June 19 *Council meeting is currently scheduled for Juneteenth. Should this be rescheduled or restructured? July *Monday, July 10 (Set FY24 Tax Rate) Monday, July 17 *Recommend reschedule from July 3 August Monday, August 7 Monday, August 21 September Tuesday, September 5 Monday, September 18   October Monday, October 2 Monday, October 16 November Monday, November 6 Monday, November 20   December Monday, December 4  (Receive FY25 Budget)  Monday, December 18   January Tuesday, January 2 Tuesday, January 16  (Approval FY25 Budget  and Ballot)  May need FY25 budget meeting  on January 8  Steering Committee – January 22  February  Monday, February 5 Tuesday, February 20    Recommended Action:  Consider the above schedule and notes and approval a final 2023‐2024  Council meeting schedule.