HomeMy WebLinkAboutMinutes - City Council - 05/04/2020CITY COUNCIL 4 MAY 2020
The South Burlington City Council held a regular meeting on Monday, 4 May 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; I. Blanchard, Project Manager; J. Rabidoux, Public Works Director; C. Holm,
B. Sirvis, M. Clark, C. Baker, S. Dooley, P. Smiar, S. Dopp
1. Additions, deletions or changes in the order of Agenda items:
Mr. Dorn asked to add to Other Business an item to authorize the City Manager to submit an
application to the Vermont Bond Bank regarding improvements to 180 Market Street.
2. Comments and Questions from the public not related to the Agenda:
Ms. Sirvis said she was still unhappy about the DRB meeting even though the agenda item that
concerns her is in a very preliminary stage.
3. Announcements & City Manager’s Report:
Mr. Barritt: 3 members of the Pension Advisory Board were given a presentation to SEI. They
reviewed the current condition of the fund and had some suggestions the Board was
comfortable with. These suggestions will be presented to the rest of the Board. Ms. Riehle
asked if the changes were percentages or different kinds of funds. Mr. Barritt said they were
related to fixed income. Mr. Hubbard added that the 60-40 mix stays the same.
Mr. Chittenden: Green Mountain Transit closed the search for a General Manager without a
candidate. They are meeting tomorrow to discuss options but don’t anticipate hiring soon since
nobody seems ready to move here.
Ms. Riehle: The Airport Commission did not meet. She and Mr. Dorn met with the Librarian and
Library Board Chair. The Library will be starting a curbside pick-up and drop off tomorrow via a
cart at the rear door. Ms. Murray also laid out proposals to get back to an open Library. Mr.
Chittenden asked if there would be a requirement for masks. Ms. Riehle said that would be her
preference.
Mr. Dorn: Announced receipt of a notice from the City of Burlington for a “change of use”
application for the Burton facility. There will probably be time for Council to decide what to do.
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They may want to discuss this at the next Council meeting. Mr. Conner noted the application
will probably be scheduled at the Burlington DRB in July. He will send all the materials he
received, including a traffic study, to Council members.
Mr. Chittenden asked if there has been progress regarding the lights on Dorset St. Mr. Rabidoux
said that he and Mr. Dorn spoke with Healthy Living people to take them up on their offer to
fund Phase 1. There has been no communication since the beginning of the year. He will reach
out to them for an update.
Mr. Dorn: Regarding the stormwater issues at Pinnacle, the city has offered to cover an
independent engineering evaluation of the situation. Pinnacle has not responded as yet.
The city managers’ meeting was held electronically last week. Most communities
are facing the same issues, 90% of which are budget related. The education issue is particularly
a very costly concern.
He will be a guest speaker at the Rotary
4. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve FY21 Unified Planning Work Program requests to Chittenden County
Regional Planning Commission
c. State Class 2 Paving Application – Dorset St.
d. Approve Highway Impact Fee Credit for 1068 Williston Road
e. Approve 2020 BUILD Grant application to fund the I-89 Exit 14 Pedestrian-
Bicycle Bridge Connection
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Kaufman seconded.
Mr. Barritt asked whether the city has a chance for the grant with all that’s going on in
Washington. Mr. Dorn said the city’s project is “shovel ready” which could help. Ms. Blanchard
added they will try very hard to get the grant, but it is very competitive.
In the vote that followed, the motion passed unanimously via a rollcall vote.
5. (previously #7) Discuss and possibly appoint South Burlington representative to the
Chittenden County Regional Planning Commission Board of Commissioners:
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Ms. Riehle noted that Chris Shaw, the current representative, is interested in continuing. It is a
2-year appointment.
Mr. Barritt moved that the Council appoint Chris Shaw as representative to the Chittenden
County Regional Planning Commission Board of Commissioners. Mr. Kaufman seconded. The
motion passed unanimously via a rollcall vote.
6. (previously #8) Council Review and Discussion of Process to Establish Names on
City Buildings:
Ms. Blanchard noted that part of the entryway at 180 Market Street will be signage for the
building. It will be important in the next month to know the name of the building. The Council
could pick a name or develop a process for a name. The Library will officially be the South
Burlington Public Library. The Auditorium and Senior Center could be named for a donor. Ms.
Blanchard showed an image of the building and indicated where the sign will be. There will also
be a place for banners on the east side of the building which could announce the Library name
which could also appear in a widow sign.
Mr. Barritt saw this as an opportunity to honor an important person in the city’s history. Ms.
Emery said she would prefer someone who is no longer alive.
Mr. Dorn said that without a major donor, the Council should consider something life “South
Burlington Community Center.” Mr. Kaufman agreed.
Ms. Riehle suggested considering this at the next meeting. She noted the sign could possibly be
changed if a donor comes forward.
7. (previously #6) Update and review of timeline for the Chittenden County Regional
Planning Commission I-89 Study:
Mr. Baker said CCRPC needs city input on the Tilley Drive study and the I-89 study. He then
showed a potential timeline.
Ms. Emery asked if there has been any development since the Winooski meeting. Mr. Baker
said they are digesting and using input from that meeting to guide the work. They received a
lot of generic input. They are now looking for details, especially for interchanges, so they can be
reviewed in a month.
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Mr. Baker said that there will be a larger committee for the I-89 study including CATMA, the
business community, bike/ped people, etc. He then showed a map of the area.
Mr. Conner noted that the map is from the city’s Comprehensive Plan from 2016 for potential
improvements to the transportation network. The Planning Commission felt there were too
many questions for them to strongly make a statement, so there has not been a full vetting at
this time.
Mr. Baker noted that regionally they had been looking at the Circ Highway to take traffic from
Exit 14. Then the plug was pulled on that project. CCRPC spent time with surrounding
communities as to what should replace the Circ, and it became apparent that problems with
Exit 14 would not be solved without the Circ. A lot of things have been on the table, but there
has been no closure as to what the final decision will be. Mr. Baker felt that with enough
discussion there can be closure in time, and they are trying to take steps along that way.
Mr. Conner cited the need to be sure that all of the metrics for review of an interchange are laid
out.
Mr. Chittenden suggested getting feedback from the city’s standing committees (e.g., Bike/Ped,
Natural Resources, Economic Development, etc.). Ms. Riehle agreed. Mr. Baker said he would
be happy to spend time with each committee to get as much input as possible. Mr. Dorn said
the city can facilitate a joint meeting of committees to cut down on the time commitment. Ms.
Riehle said this issue needs to be presented as a “solution to a long-term congestion issue which
does not enhance our quality of life.”
Mr. Baker said he would like to get back to the Council in early June to see what interchanges
they will be working with and to see how much information they can get.
Mr. Dorn said the he, Mr. Conner and Mr. Rabidoux will work to get this scheduled with the
committees. These are huge issues for the city and the region, and staff will work closely with
CCRPS to get the information they need.
8. (previously #5) Update on School District draft FY2021 budget:
Mr. Barritt questioned how voting on a school budget would be carried out.
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Mr. Dorn said Ms. Kinville has been speaking with staff as to how to hold a vote on 28 May. All
the polling places would be open, but there would be a promotional effort to get voters to vote
via early ballots. Ballots are now being printed. Mr. Hubbard noted that polling locations can
change up to 7 days before a vote. Right now it’s all voting locations.
Mr. Barritt asked about having people to handle ballots at the end of the night. Mr. Dorn said
there is a lot of detail being talked about including construction of screening/shields to separate
voters from workers. He stressed that this is foremost in their minds and that details are being
worked out.
9. Update on City Response to the COVID-19 Pandemic:
Mr. Dorn said staff continues to maintain contact with employees. Meetings are held with
managers every Wednesday and then with staff with as many as 65 members present. There
were a maximum of 43 people on furlough working less than 35 hours a week. They will get
checks for the past 2 weeks.
Mr. Dorn recognized the efforts of Coralee Holm, Tom Hubbard and Justin Rabidoux in putting
together the furlough program.
Staff is beginning to return to work at Public Works, and they should be fully staffed on Monday.
All Police, Fire and Water Quality people are working. Where people can function from home,
they will continue to do that until 18 May when there will be a decision as to whether that is
still reasonable based on the Governor’s Executive Order.
PPE and cleaning materials are being put together to keep the staff safe.
The City Clerk’s office is open to one person at a time to do title searches. Staff is separated
from people coming in to do that work.
Ms. Kinville has spend a lot of time talking with the Secretary of State regarding the school
budget vote, and staff is working to be sure Ms. Kinville has everything she needs.
Ms. Riehle asked for an update on anyone who has contracted the virus. Mr. Dorn said there
have been 2 cases among city employees, both of whom have recovered. No one is currently
being monitored.
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The Leadership team meets every day at 3 p.m. to get updates on emergency calls.
Mr. Dorn noted that ass things begin to open up, there will be more and more people entering
buildings. The Governor has issued guidance on social distancing, but there is currently no
requirement for masks in public places. The City Attorney researched whether the city can
compel masks to be work in public space. Mr. Dorn said his inclination is to require people to
wear masks in all city-owned buildings. Council members unanimously supported this. Ms.
Riehle felt they should be required for people voting as well. Ms. Emery said there should be
some available for people who come without a mask so that no one is turned away. Mr. Dorn
said he will see what can be done in the way of inventory.
Mr. Kaufman asked why they don’t have only one or 2 polling places open. Ms. Riehle said the
Board of Civil Authority wanted to keep the election process as normal as possible. Voters can
go to any of the polling places since the ballot item is not specific to any area of the city.
Mr. Barritt asked if there will be early voting in City Hall. Mr. Hubbard said Ms. Kinville is
exploring setting up booths in the Conference Room. Mr. Hubbard was not sure City Hall would
be open to the public by 28 May.
Ms. Riehle noted that Supt. Young and the School Board Chair volunteered to help get the word
out about voting early and what you can and can’t do.
Mr. Barritt said if City Hall can’t be entered, there is no way there should be voting. He noted
that a lot of the Board of Civil Authority members are over 60 and 70. Mr. Dorn said the city is
very sensitive to that issue.
Mr. Dorn then addressed the question of whether the city can compel masks to be worn in all
public buildings. He noted that a number of years ago, the city banned smoking in all public
buildings. The City Attorney believes that requiring masks falls into the same category and can
be done. It would, however, be hard to enforce. Mr. Kaufman said the word today is that the
Governor will be requiring an extension of the 15 May stay-at-home date which would include
the wearing of masks.
Ms. Riehle felt it would be prudent to require masks. She noted that countries requiring masks
have been more successful in dealing with the pandemic. Mr. Kaufman said it would give peace
of mind to people working in those buildings. Mr. Barritt agreed.
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It was noted that Costco and Trader Joe’s are requiring masks to be worn.
Mr. Barritt felt the city shouldn’t wait for the Governor to act. Mr. Barritt said it is not trampling
on anyone’s freedom, and it is an appropriate response to keep people safe. Mr. Kaufman said
the City Attorney should be asked to work out something to require this. Mr. Dorn said it will
probably require a special City Council meeting. He will get together with the City Attorney as
to the best way to do this. Ms. Riehle suggested letting the South Burlington Business
Association know about this.
10. Council review and discussion of property tax payment guidelines and obligations
of the city to pay educations taxes to the School District:
Mr. Hubbard said that cities are facing the same challenges as states and the federal
government. The city is anticipating a 3-5% shortfall for FY20 and as much as 15-20% for FY21.
That translates to a $3,900,000 to $5,200,000 impact in 2021. The city is also anticipating a
significant shortfall in local option tax income. The City Manager’s Association and Vermont
League of Cities and Towns are asking the State for resources to fill these gaps. There may also
be an aid package to cities from the federal government. None of this, however, addresses the
education property tax crisis. This money has to be paid to the State by the City regardless of
whether the City can collect it. There is an 8% penalty for late payment. There is a concern
about the city’s ability to collect school taxes for FY21. The city is committed to borrowing for
municipal taxes if needed, but it can’t do this for the school taxes.
A request is being made of the State to eliminate the 8% penalty and to allow the borrowing of
funds to pay for education with the State paying the interest on any money borrowed.
Mr. Hubbard noted that Bill #S344 which was passed by the State Legislature allows a municipal
body to:
1. Establish a new time to collect property taxes
2. Waive fees for late payment
3. Reduce the municipal tax rate
The municipality has until January 2021 to adopt any or all of these options. However, this
applies only to municipal taxes, not education taxes.
There are proposals being made as to how to deal with this regarding CARES Act funding.
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This needs to be settled by 1 June when the next education tax payment is due.
Mr. Barritt asked if the city was OK with the March tax payments. Mr. Hubbard said it was. 93%
of taxes were paid at that time. The August payment may be problematical.
Mr. Hubbard said Legislators have been brought up to date on this issue. Staff will review any
proposal that is made before it is presented to the Council.
Mr. Kaufman asked if the City would be in a better position if CARES Act money can be applied
to the education fund. Mr. Hubbard said it would.
Mr. Dorn said staff doesn’t think the bill that came out of the Senate helps the city which is still
on the hook for meeting the ed fund payment.
Ms. Riehle asked if the city and school budgets can be changed to address this issue. Mr.
Hubbard said the municipal budget can be changed. There is still an obligation to fund the
educational budget, regardless of whether the city can collect the money. Mr. Dorn added that
even cutting the school budget won’t help South Burlington tax payers because the cuts would
be spread out.
Ms. Emery said there is a need for the federal government to act. Mr. Hubbard said there has
been a push so that small communities are protected in a third stimulus package. That may be
what the state is hoping for.
Mr. Chittenden asked if the city can borrow against the Sewer Fund with interest changed. Mr.
Dorn said that has been done several times. Mr. Hubbard said they can do that for the
municipal budget but there is no way they can borrow the amount needed for the school tax.
11. Update on status of city wellness clinic:
Ms. Holm said the program will be named Summit Employees Health Center. It will be located
at #1 Kennedy Drive. Signage is going up this week, and the location is fully ready. A Nurse
Practitioner has been hired as provider. Opening day is set for Wednesday, 8 July. The provider
will be involved in the hiring of a Medical Assistant to intake, appointments, etc. There is also a
commitment to hire a behavioral specialist.
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VSAC has joined the program as the city’s first partner, and the city is working with 6 or 8 other
possible partners.
Ms. Holm noted that 2 of the 3 bargaining units are required to have yearly biometric health
screenings, and the city will be encouraging this as a baseline for 2021 for health coaching to
reduce risks. The feeling is that partnering with Marathon Health will also reduce drug costs
because they can get pharmaceuticals at a very low cast. Some will be available on site.
Employees know this is coming. The unions have met with the provider, and there are many
communications that will be going out.
Ms. Riehle asked if the hired provider is a local person. Ms. Holm said she is.
12. Convene as South Burlington Liquor Control Board to hear the following
application:
Hannaford Supermarket (Shelburne Road): 2nd Class License
Ms. Emery moved to convene as Liquor Control Board. Mr. Barritt seconded. Motion passed
unanimously.
Mr. Barritt moved to approve the 2nd class license for Hannaford Supermarket (Shelburne Road)
as presented. Mr. Kaufman seconded. Motion passed unanimously via rollcall vote.
Mr. Barritt moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed
unanimously.
13. Discuss the possibility of rescheduling of the 18 May public hearing on the
proposed Inclusionary Zoning Amendments to the South Burlington Land
Development Regulations:
Mr. Conner asked what Council members thought about holding the hearing and taking action
on 18 May.
Mr. Kaufman thought it best to postpone it to a later date.
Ms. Riehle asked if anything is impacted by postponing.
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Mr. Conner said the item warned in March and is in effect for 150 days. It will not have a
massive effect if it is delayed 2 or 4 weeks. If the Council doesn’t take action within 150 days, it
reverts to the current rules. Mr. Conner added the Council could open the hearing and
immediately continue it to a later date.
Ms. Sirvis thought it would be better to do it when people can be present either in person or on
Zoom.
Members agreed to postpone the public hearing. A new date will be determined at the next
meeting.
14. Councilors’ Reports from Committee Assignments:
Reports were presented under Agenda Item3.
15. Other Business:
Mr. Dorn asked the Council for authority to submit an application to the Bond Bank regarding
debt for 180 Market Street. Money is needed prior to the winter round of bonding. This item
was inadvertently left off the Consent Agenda. It will be on the next agenda for ratification. Mr.
Dorn noted that Bond rates are very good now. The city will be asking for $5,000,000. This has
already been approved by voters.
Mr. Kaufman moved to authorize the City Manager to submit an application to the bond bank
regarding debt for 180 Market Street. Ms. Emery seconded. The motion passed unanimously
via a rollcall vote.
Mr. Kaufman asked how long the city anticipates meeting electronically. Ms. Riehle said there
will be up to the Governor allowing more than 10 people to gather in one place. Mr. Dorn said
they have to wait for the Governor to amend the Executive Order. Ms. Riehle said she hoped
that even when they can meet in person this electronic format will be maintained to allow more
people to participate.
Ms. Sirvis asked if there are pictures of progress at 180 Market St. Ms. Blanchard showed
recent photos or the construction project.
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Ms. Dooley said she was pleased that the Library is starting curbside service.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 9:10
p.m.
Following adjournment, Ms. Emery moved that the Council meet in Executive Session to
discuss real estate related matters where premature public disclosure would put the City at a
competitive disadvantage. Mr. Chittenden seconded. Motion passed unanimously.