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HomeMy WebLinkAboutMinutes - City Council - 04/20/2020CITY COUNCIL 20 APRIL 2020 The South Burlington City Council held a regular meeting on Monday, 20 April 2020, via remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; P. Conner, Director of Planning & Zoning; Chief T. Francis, Fire Department; D. Young, Superintendent of Schools; E. Fitzgerald, B. Burkhardt, School Board; C. Baker, CCRPC, J. Murray, Librarian; D. Crawford, B. Sirvis, J. Lees, D. Leban, G. Marcus, F. Von Turkevich, M. Mittag 1. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 2. Comments and Questions from the public not related to the Agenda: Ms. Riehle noted receipt of an email from Michael Mittag asking for the status of the Wheeler Conservation Agreement. He felt it should be a priority. Ms. Leban agreed. Mr. Dorn noted that most of that property is not being used as agricultural soil mitigation which has restrictions on it. 3. Announcements and City Manager’s Report: Ms. Riehle noted that she and the City Manager had a conference call with Superintendent Young and Elizabeth Fitzgerald of the School Board. They are interested in being part of the sexual and domestic violence initiative now that schools are closed and there may be more of a need to address these issues Mr. Dorn: There are now 35 furloughed employees, some of whom are working part time. The City and state are both involved in paying these employees. Mr. Dorn cited the work of Ms. Holm, Mr. Rabidoux and Ms. Held in setting up this process. Assuming the State meets its obligation, there will be no loss of income to the furloughed employees. Some Public Works people have returned to work as of today under very strict guidelines. The City will begin to advertise for openings on city committees in next Thursday’s Other Paper. Mr. Dorn noted that this is the year to appoint a representative to the Regional Planning Commission. Chris Shaw has indicated that he is interested in continuing in this position. Charlie Baker of the RPC wants to know when he can come back to address some issues regarding the I-89 Corridor Study and Tilley Drive study. Mr. Baker said they have a CITY COUNCIL 20 APRIL 2020 PAGE 2 timeline for the rest of the year for these projects. He would like Council feedback. Mr. Dorn said this can be on the first May Council agenda. Ms. Riehle asked that any materials be sent to the Council ahead of time. Friends at Front Line Foods Vermont, who have been providing food to hospitals, will provide meals this week to South Burlington Fire and Police and Water Quality personnel. This is greatly appreciated. Ms. Riehle added her thanks to all who are working so hard and putting themselves at risk to help get us through this. 4. Consent Agenda: a. Approve and Sign Disbursements b. Approve the waiver of late fees applied to dog and cat registrations through June 30, 2020. Mr. Chittenden moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. 5. Consider and possibly approve annual update to local Emergency Operations Plan: Chief Francis said this is the time of year when this update occurs. He noted that the Plan has certainly been used in the past weeks, and it has worked very well with only a few “hiccups.” The City has been able to deal with the State regarding issues (e.g., how to serve people living in the City’s hotels). The City has set up a second ambulance. Last month the Department transported 83 Corona Virus patients to the hospital. Mr. Dorn noted the City has benefited from Chief Francis’s experience during these difficult times. Mr. Chittenden moved to approve the Local Emergency Operations Plan as presented. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. Mr. Leas asked to address the Council regarding a letter from the Vermont National Guard Wing Commander. He noted that the City of Burlington City Council has adopted a Resolution asking that the training flights of F35s be halted during the pandemic because the flights are causing pain and stress to families. There have been 297 responses testifying to this harm. The letter seems to direct attention away from the issue. Mr. Leas said the Governor has the power to halt the training flights as it has control over the Militia except when the Guard is called up for federal service. He asked the Council to join Burlington in asking Governor Scott to stop the waste of resources while the pandemic is underway. CITY COUNCIL 20 APRIL 2020 PAGE 3 6. Presentation by Superintendent David Young regarding the proposed FY2021 School District Budget: Superintendent Young noted that following the March vote in which the school budget did not pass, the School Board and administration have been looking at reductions and figuring out the next steps for a voting process. The vote date has been moved to 28 May. Supt. Young then reviewed the proposed budget changes but stressed that this proposal has not yet been voted on by the School Board. The proposal would result in an increase of 3.80% which represents a reduction from the failed budget of $2,730,000. The reductions include a school bus, delay in facility stewardship, reductions in High School athletics, reduction in hours for a Business and Health teacher, and reductions in the Middle School Library. The proposed budget would result in an increase for the average condo owner of $219.00 for the year and for the average single family home owner of $319.00 for the year. Ms. Fitzgerald noted that there have been a lot of comments asking to “level fund” the school budget. She said that would take another $2,000,000 from the budget and would jeopardize school programs and proficiency-based graduation requirements. Supt. Young noted that many of the items already reduced or cut from the budget will have to be factored back in at some time. The Superintendent cited the efforts of teachers to work with students during the pandemic as well as the efforts of nutrition people and support staff. 1600 meals are being provided to families this week. Supt. Young also noted that the Governor and the State Legislature are talking about what they are going to do, and the School Board and administrators are paying very close attention to this. Mr. Kaufman asked what the increase in teachers’ salaries is for 2021. Supt. Young said they are in negotiations now. There is money appropriated for contract settlement. Mr. Kaufman suggested asking the teachers to forego an increase for 2021. He noted that it will take some people 2 years or more to catch up with losses due to huge financial hits because of the pandemic. Some people have gone to zero income overnight. CITY COUNCIL 20 APRIL 2020 PAGE 4 Ms. Fitzgerald said that right now they are in conversation with the 3 bargaining groups and have to follow the collective bargaining process. Mr. Barritt asked whether the Governor has the authority to delay contract negotiations. Ms. Fitzgerald said they are not aware that this could happen. She added that there would still be a significant budget increase due to medical insurance. Ms. Emery asked whether any federal funds have been earmarked for education. Supt. Young said they have not been the recipient of any stimulus money except for some food money. The school district has also picked up childcare for people in the health care profession, and there may be some funding for that. Supt. Young noted that they have been able to keep almost everyone employed. Ms. Emery cited the need to rethink what are the “usual expectations” so the system doesn’t collapse. Supt. Young said everyone is thinking of how to make reductions, and they have made reductions in non-union lines. He added that like city services, school services will be needed more than ever, not only educationally but emotionally. Mr. Kaufman asked whether money could be saved if there weren’t tuition students. Supt. Young said that program brings in money and enables the schools to offer more programs. Mr. Kaufman said he felt there would be a much better chance of getting a budget passed if teachers’ salaries stayed the same for another year. 7. Update from Paul Conner on staff work related to Interim Zoning: Mr. Conner noted that the Planning Commission is currently not meeting which is giving staff time to get work done on the PUD process. Mr. Conner then reviewed some of what staff is working on as follows: a. completing the update on subdivision standards, including standardizing terminology b. completing Master Plan standards c. development/update of Environmental Protection Standards (Chapter 12) d. update/replacement of street standards for applicability in PUDs and subdivisions e. update of open space standards for applicability in PUDs CITY COUNCIL 20 APRIL 2020 PAGE 5 f. development and testing of building typologies for applicability in PUDs Mr. Conner said they have been communicating with community members including UVM Campus Planning people and those pursuing projects. Ms. Riehle asked if the hope is that a number of the work outputs will be completed by the end of May. Mr. Conner said that is a possibility. There is one piece that will be delivered by the consultant at the end of this month, and that will help sew things together (the consultant is currently heading her town’s pandemic response, which may slow that process). 8. Approve Extension of the Deadline to hold a public hearing and take public comment on extending the duration of Interim Zoning Bylaws from 13 May to 22 June: Mr. Chittenden moved to extend the deadline to hold a public hearing and take public comment on extending the duration of Interim Zoning Bylaws from 13 May to 22 June as proposed. Mr. Barritt seconded. Motion passed unanimously via a roll-call vote. Mr. Chittenden then moved to extend the deadline to take action to extend the duration of Interim Bylaws from 13 May to 22 June 2020. Ms. Emery seconded. Motion passed unanimously via a roll-call vote. 9. Consider and possibly approve a policy on Gifts and Donations to the City: Mr. Dorn reviewed the history and noted that the proposed policy allows the City Council to accept or reject donations and gifts to the city. Ms. Emery said she would vote in favor but noted this could put the City in a difficult position. Mr. Barritt moved to approve the policy on Gifts & Donations to the City as presented. Mr. Kaufman seconded. Motion passed unanimously via a roll-call vote. 10. Consider and possibly approve a resolution related to asking the Legislature and Governor to extend the period of time during which a community can issue TIF debt by one year and also extend the period of time to collect TIF revenue by one year: CITY COUNCIL 20 APRIL 2020 PAGE 6 Mr. Dorn thanked Ms. Riehle for having raised this issue. He noted that due to the expected downturn in the economy that could affect construction companies, the city is asking to extend the period during which it can incur debt and collect TIF revenue. If this is approved, the City would advise others involved with TIFs of this extension. Mr. Kaufman moved to approve the resolution asking the Legislature and Governor to extend the period of time during which a community can issue TIF debt by one year and also extend the period of time to collect TIF revenue by one year. Mr. Chittenden seconded. Motion passed unanimously via a roll-call vote. 11. Review report from standing committees outlining priorities and need to resume meetings. Consider allowing one or more committees to begin meeting again electronically: Mr. Dorn reported that feedback from most committees indicated that none had a dire need to return to meeting. Team members are under stress now and are respectfully asking to delay committee meetings. Ms. Sirvis said she would like this to apply to the DRB as well. She found the electronic meeting hard to follow and there was one very controversial issue. Mr. Kaufman agreed. Mr. Dorn advised that the DRB’s authority is based in Statute, and the City Council has no authority to compel them not to meet. The same is the case with the Board of Civil Authority. The city did get a legal opinion on this which back this up. Ms. Emery said she got emails related to this and went on-line and found that sometimes it was hard to understand the documents. She hoped this could be communicated to the DRB. Ms. Riehle agreed and hoped that soon there could a room set up where people can attend and be far enough apart. Mr. Barritt noted the public is free to appeal any DRB decision if they feel they didn’t have fair representation. Mr. Conner noted that the DRB Chair has specifically said he could not choose what was/wasn’t “controversial.” The full agenda of the DRB is posted 3-4 days in advance with notes and a full packet for each item which the public can review. Mr. Conner also noted the DRB meetings are booked out through April and May. CITY COUNCIL 20 APRIL 2020 PAGE 7 Ms. Sirvis stressed that the staff and the Board were great at the meetings. It was just difficult to be a participant. Some things were easy, some were more complicated. Ms. Emery was concerned there were no members of the press at that DRB meeting or at this City Council meeting. Mr. Kaufman noted the BCA has to meet to deal with the school budget issue. Mr. Barritt asked if there could be a legal reaction if the Council suspended DRB meetings. Mr. Dorn said the Council can’t suspend DRB meetings. The DRB has autonomy. When asked, Mr. Conner noted that all other DRBs in surrounding communities are continuing to meet. Mr. Barritt said that with this in mind, the documents should be improved. Mr. Dorn said they would be as user friendly as possible and he would pass this on to the DRB and staff. 12. March Financials: Mr. Hubbard said that three quarters of the year through, revenues are at 86% of projections and expenses are at 70% of projections. Mr. Hubbard stressed that the pandemic will impact revenue, and that the city is controlling as best they can. There are meetings with department heads regarding what is essential to be spent. Revenues, however, can’t be controlled, the big ones being ambulance and fire inspections and the local option tax. The next local option tax statement will be in mid-May, and it will reflect some income from 15 February to 15 March but not much since then. Hotels can’t take reservations until mid-June. The city will try to make up any shortfall moving forward. 93% of March tax payments were received on time. Mr. Hubbard also noted that the City Clerk is generating money in fees that weren’t anticipated at the beginning of the year. Mr. Hubbard noted that a group of city/town managers is talking with the State about the August tax payments. The State is considering waiving penalties and also taking out a loan on behalf of cities and towns. It is hard to say what the impact will be. CITY COUNCIL 20 APRIL 2020 PAGE 8 8. Consider Convening as South Burlington Liquor Control Board to approve the following: Applebees – 1st and 3rd class restaurant/bar license Bliss Bee – 1st class restaurant/bar license & outside consumption permit Bueno y Sano – 1st and 3rd class restaurant/bar license Chipotle Mexican Grill – 1st & 3rd class restaurant/bar license CVS Pharmacy #10690 – 2nd Class license Dorset Hana (fka Osaka Hana) – 1st & 3rd class restaurant/bar license Duke’s Public House (Delta by Marriott) – 1st & 3rd class restaurant/bar license & outside consumption permit Eagles Club – 1st & 3rd class license for Club & 2 outside consumption permits 802 Cocktails, LLC – 1st & 3rd class commercial caterer license Farms & Foragers – 1st class commercial kitchen license Fish & Chips – 1st & 3rd class restaurant/bar license Gracey’s Store – 2nd Class license Gracey’s Liquor Store – 2nd class license Guild Tavern – 1st & 3rd class restaurant/bar license Halyard Brewing – 1st class restaurant/bar license & outside consumption permit Hannaford Supermarket & Pharmacy (Dorset St.) – 2nd class license Healthy Living Market & Café – 2nd class license Independent Brewers United Corp. – 2nd class license & outside consumption permit Interstate Shell – 2nd class license Jiffy Mart #445 (Williston Rd.) 2nd class license #104 Jolley Shelburne Rd. – 2nd class license #146 Jolley Shelburne Rd. – 2nd class license Klingers Bread Company – 2nd class license Magic Hat Brewing Company – 1st & 3rd class restaurant/bar license Maplefields at the Airport – 2nd class license Mimmo’s Pizza – 1st & 3rd class restaurant/bar license Moe’s Southwest Grill – 1st class restaurant/bar license & outside consumption permit Old Post, LLC (The) – 1st & 3rd class restaurant/bar license and Entertainment permit Olive Garden Italian Restaurant #1520 – 1st & 3rd class restaurant/bar license Outback Steakhouse – 1st & 3rd class restaurant/bar license Pauline’s Café & Restaurant – 1st & 3rd class restaurant/bar license Price Chopper #228 (Hinesburg Road) – 2nd class license Quarry Hill Club – 1st & 3rd class restaurant/bar license & outside consumption permit CITY COUNCIL 20 APRIL 2020 PAGE 9 Rotisserie – 1st & 3rd class restaurant/bar license & outside consumption permit Shelburne Road Variety – 2nd class license Skinny Pancake at the Airport – 1st & 3rd class restaurant/bar license Uno Pizzaria – 1st & 3rd class restaurant/bar license Windjammer Restaurant – 1st & 3rd class restaurant/bar license and outside consumption permit Zen Garden – 1st & 3rd class restaurant/bar license Mr. Chittenden moved that the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously via a roll-call vote. Mr. Barritt moved to approve the Liquor license permits as presented. Mr. Chittenden seconded. Motion passed unanimously via a roll-call vote. Mr. Chittenden moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously via a roll-call vote. 13. Councilors’ Reports from Committee Assignments: Ms. Riehle: The Airport Commission is not meeting, but they did have one request for a line of credit to pay contractors. There are 19 flights a week, the minimum required by law. The usual number is 222. Mr. Kaufman noted the airlines are getting bailout money to help cover losses. Mr. Barritt: The Pension Committee will be meeting on 28 April. 14. Other Business: No other business was presented. 15. Possible Executive Session to discuss negotiating or securing of real estate purchase or lease options as well as records exempt from the access to public records provisions of Title 1, Section 316: Mr. Barritt moved that the Council meet in executive session as indicated and to invite Messrs. Dorn, Hubbard and Conner to attend the executive session. Ms. Emery seconded. Motion passed unanimously via a roll-call vote. CITY COUNCIL 20 APRIL 2020 PAGE 10 As there was no further business to come before the Council Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously via a roll-call vote. The meeting was adjourned at 9:17 p.m.