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HomeMy WebLinkAboutMinutes - City Council - 05/18/2020CITY COUNCIL 18 MAY 2020 The South Burlington City Council held a regular meeting on Monday, 18 May 2020, at 6:30 p.m., via remote technology. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kinville, City Clerk; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; D. Young, Superintendent of Schools; M. Mittag, B. Sirvis, A. Jensen-Vargas, P. DeMichele, M. Clark, M. Cota, J. Leas, S. Dooley, E. Silverman, T. Lenski, D. Shatzer, B. Shearer, S. Clark, L. Kupferman, C. McIntosh, P. Tompkins, P. LeDuc, J. Bellavance, S. Dopp, K. Ryder 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: Mr. Mittag: Asked if anything had happened regarding the Earth Economics report after the executive session. He also asked what will become of the Interim Zoning committee reports. Ms. Riehle said all reports are available to guide the Planning Commission. Mr. Mittag asked if the Commission is required to use them. Ms. Riehle suggested adding this to a future agenda. Mr. Leas: Noted that the NCP studies in 1990 and 2008 requested noise monitoring and tracking to be installed at the Airport at a cost of up to $1,000,000. A noise test done by a city resident recorded 120 db and 129 db near Pizza Putt, which is at the “pain threshold.” The Airport can apply for a grant for noise monitoring equipment. The deadline is mid-June. He asked the Council to encourage the Airport Director to submit that grant request. Ms. Emery said she has heard that the Airport has sent out requests for quotes for noise monitoring equipment. Ms. Riehle said she will follow up with the Airport Director. 3. Announcements and City Manager’s Report: Council members reported on meetings they had attended. Mr. Dorn: 41 employees are now on furlough through 3 July with a possible extension to 30 July. Most are working part time. All are subject to callback in case they are needed. The Library is open for curbside service and some computer support. All City buildings remain closed. CITY COUNCIL 18 MAY 2020 PAGE 2 Title searches can be done in the Clerk’s office by appointment only, one at a time. The whole team remains asymptomatic. Notice was received from the State Dept. of Emergency Management that 140 people will be housed at the Holiday Inn. They are not COVID 19 positive people but are people who can’t be accommodated at shelters for the homeless. There will be on-site support services. This could last through September. The city’s First Responders have been briefed, and there will be additional demand on city services. Ms. Riehle asked if there are plans to encourage free staff testing without symptoms. Mr. Dorn said his preference is to wait until the State has antibody testing. He added that Marathon is being pushed to get both tests so the clinic can be opened earlier with those tests available. Mr. Barritt asked about possible filling of potholes in the city. Mr. Dorn said that can be done and to let him know where this is needed. Ms. Riehle noted differing opinions as to whether the DRB should continue to meet. She stressed that DRB members are volunteers, and it is very important to have people willing to make that time commitment. The do an excellent job. She stressed that in a democracy, different opinions are appreciated and respected. Ms. Emery agreed and noted that the DRB is an independent quasi-judicial body, and the Council cannot impede their ability to do their work. Staff is doing all they can to meet public notification needs and requirements. 4. Consent Agenda: a. Approve and Sign Disbursements b. Ratification of Council vote taken 5/4/20 to approve authorization for the City Manager to submit an application to the Vermont Municipal Bond Bank for voter authorized debt related to improvements at 180 Market Street Mr. Dorn explained the vote on item “b” had not been warned at the last meeting. It is being subsequently warned, as allowed so the authorization can continue. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. CITY COUNCIL 18 MAY 2020 PAGE 3 5. Review of draft fiscal year 2020 School District Budget: Superintendent Young said the School District is a go for a vote on 28 May. The budget hasn’t changed from the last presentation and represents a 3.80% increase. Things are being talked about in the State Legislature that could help the tax rate. Supt. Young said the majority of cuts from the failed budget are related to capital needs (e.g., buses, computers) and some staffing. He also noted the volatility associated with the tax rate due to yield and the CLA. There would have been a significant decrease in the tax rate if the CLA were at 100%. The Superintendent added that one of the reasons the CLA is going down is that property values are going up because of the good school system. Supt. Young then indicated what would happen if the budget does not pass on 28 May and the district would have to go back to level funding. He noted that 27 RIFs have been sent out. 15 teachers would not get contracts because they would be replaced by more senior teachers. The Superintendent stressed the seriousness of this with over 400 students at Marcotte and Central School, including the largest incoming 5th grade class. Mr. Kaufman said that many of the people he has talked to feel there should be no increase this year because so many people are out of work. He asked if faculty were asked about level funding for the year. Supt. Young said collective bargaining is going on now. He noted that statewide health care actually adds $28,000,000 to the State draw. Ms. Riehle asked how close they are to contract agreements. Supt. Young said the Administrative contract is up for action on Wednesday night, and the other groups are meeting next week. Ms. Emery said it is imperative that everyone think hard about salary increases. She also stressed it is important not to negotiate by voting the budget down. She asked the public to count the schools as essentials and for public education not to be hobbled. Supt. Young said they are in uncharted territory now and are spending countless hours on options. He felt it is unlikely for schools to be back to normal, and they will need staff. Students will need every opportunity the schools can give them including attention to issues related to trauma and domestic abuse. He noted that if they are forced to level fund, there will be 30 students in some classes, and there will be problems with physical space. There will also be a decrease in the athletic programs which are also important for student development. CITY COUNCIL 18 MAY 2020 PAGE 4 Mr. Barritt asked if the school district is looking toward in-person school in the fall. Supt. Young said he hoped so. A lot will depend on the data, and there will have to be options if they can be “in person.” It would not lower the cost. One thing that would have to be considered is alternate space if they can only have school buildings at 50%. Ms. Jensen-Vargas asked if there is money in the budget to use technology for education. Supt Young said there is support for technology, but nothing equals being with students. Mr. Chittenden said UVM is looking at a lot of additional expenses in connection with a “hybrid model.” 6. Public Hearing on proposed Inclusionary Zoning amendment to the Land Development Regulations: Mr. Chittenden moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously by a show of hands. Ms. Emery then moved to continue the public hearing on proposed Inclusionary Zoning amendment to 6 July 2020, at 7:30 p.m. Mr. Kaufman seconded. Ms. Riehle noted that Sandra Dooley of the Affordable Housing Committee had asked whether there had been any public comments regarding the amendment. Ms. Riehle said there have been several emails, most of them in support, one or 2 with concerns. Mr. Conner said those comments can be posted on the city’s website and presented in the package on the night of the public hearing. 7. Update from South Burlington City Clerk regarding plans for the 28 May vote on the Fiscal year 2021 School District budget: Ms. Kinville said the Board of Civil Authority (BCA) heard a number of options. They ultimately decided to strongly advertise early voting and to open the polls on the election day. The BCA is meeting tomorrow night, but Ms. Kinville didn’t think there would be any change to those plans though one option is to go down to one open polling place or a drive-through option. To date, 2161 early ballots have been sent out (30 fewer than in the combined March vote), and the feeling is there will be about 3000. Ballots can be returned to City Hall in the drop box. Ms. Kinville said that everything possible is being done to protect voters and workers including the use of gloves, masks, plastic shields, 6-foot markings, separation of voting booths, etc. CITY COUNCIL 18 MAY 2020 PAGE 5 Only one station per voting booth will be usable; the others will be taped closed. There will also be a one direction circulation. Voters will be asked to bring and use their own pens. 8. Request from Bill Shearer for Council support of certain zoning amendments related to property on Shelburne Road: Mr. Shearer explained that the amendments being requested relate to the Acura dealership. Several years ago, they lost their employee parking lot due to a required addition. Employees are now parking in the customer area and service area, which is very problematic and overly congested. There have been multiple conversations over a period of seven years to try to address this dangerous situation. At one point, Mr. Shearer said that they hired a consultant who wrote an amendment. Now, because the city is in interim zoning, the Planning Commission doesn’t want to hear anything else. Ms. Clark, who works for Mr. Shearer, said they need the help of the City Council because they can’t any help through regular channels. She stressed that their intent has been to be cooperative and asked that the Council direct the Planning Commission to take this up. Mr. Barritt asked why the DRB didn’t grant a waiver. Ms. Clark said they are asking for a small increase in lot coverage. It is a very specific type of property that has frontage on 2 streets. It did not qualify for a variance. The Planning Commission agreed that an amendment would work. They are asking for the amendment to apply to property in the C-1 district with multiple frontages. Mr. Kaufman asked how many properties this might impact. Mr. Barritt noted there had been issues with another similar property several years ago related to stormwater treatment. Ms. Clark said they are at 70% lot coverage now and agreed there are questions the Planning Commission should be asking. Mr. Conner noted that when Mr. Shearer and Ms. Clark came to the Planning Commission in November, the guidance from the Commission was not to let anything get in the way of the PUD project. Ms. Riehle asked if there would be time now. Mr. Conner said the Planning Commission is not meeting now, but he would talk with the Chair to determine when they might start meeting again. Mr. Chittenden said prioritizing this makes sense to him. He felt that 7 years was too long to wait for action. Ms. Riehle agreed that 7 years is a long time. She also noted that Mr. Shearer has been very generous to the city in other ways. She asked Mr. Conner to convey the Council’s interest to the Planning Commission and suggested the possibility of a subcommittee of the Commission to work on this one issue. Mr. Dorn asked if the Council considered this a priority. CITY COUNCIL 18 MAY 2020 PAGE 6 Members said they did. Ms. Riehle suggested that it may be time for the Planning Commission to consider meeting electronically. 9. Discuss and possibly approve scheduling a public hearing for 15 June 2020 at 7:30 p.m., to consider extending the duration of the Interim Bylaw: Mr. Kaufman moved to schedule a pubic hearing for 15 June 2020, 7:30 p.m. to consider the extending of the duration of the Interim Bylaw. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. 10. Interview with applicants for appointments to South Burlington Boards, Commissions and Committees: The Council interviewed the following candidates for appointments to Boards, Commissions and Committees: a. Ted Linski ………………………………… Energy Committee or Library Board b. M. J. Rehl ………………………………… Energy Committee c. Patrick Leduc ………………………….. Library Board of Trustees d. Drew Shatzer ………………………….. Natural Resources Committee e. Larry Kupferman ………………………Natural Resources Committee f. Colin McIntosh ……………………….. Natural Resources Committee g. Eric Silverman …………………………. Bike/Ped Committee or Recreation/Parks h. Penny Tompkins ……………………… Public Art Committee i. Ariel Jensen-Vargas …………………. Affordable Housing Committee or Housing Trust Fund Committee Ms. Riehle explained the appointment process to the candidates. 11. Update and Council discussion on requests to enter into a Conservation Agreement with an outside organization to conserve the Wheeler property excluding the Homestead site: Ms. Riehle recalled there were legal issues involving the Golf Course and subsequent information that a portion of the property is already conserved as mitigation for construction projects. The question is whether the Council is interested in pursuing an agreement given that a portion of the land is already conserved and there is a cost involved. Mr. Dorn said his CITY COUNCIL 18 MAY 2020 PAGE 7 recommendation is not to move forward as it is not a good use of city resources. The land is already off limits to developers. The city will also need the money to further control the Auclair property. Ms. Dooley said she believed the commitment was that if the item passed the voters, the City Council would enter into a conservation easement agreement. She noted that people consider the Wheeler Park a very valuable resource. She didn’t know the cost, but suggested there might be private fundraising to pay for it. She was not convinced that what is currently in place would provide the protection that a conservation easement will provide. Mr. Mittag said he believed that there was a commitment that if the land swap went through, the city would seek a conservation easement. He felt that is the only way to protect the property from development in perpetuity. He didn’t feel it was proper to use that land for mitigation, but he didn’t know if that was part of the J. M. Golf settlement agreement. He said the city shouldn’t renege on a promise or that cost is a reason to renege. Mr. Chittenden felt it was important to conserve the property. The question is timing and the need to understand the Auclair property situation. Mr. Dorn said the cost would be $15,000 up front and an ongoing $25,000. He stressed that the city has another opportunity coming up regarding the Auclair property. Mr. Conner said the city has a right-of-first-refusal on the Auclair property. If the wish is to retain that right until 2026, they need to pay an additional 15% of the property appraisal. Mr. Mittag felt the money for a conservation easement shouldn’t come out of the Open Space Fund. Mr. Dorn said he absolutely rejects that idea. That is what that money is for. He stressed that the City is now “counting pennies” and everything is on hold. He would strongly oppose going to the General Fund when the City has employees on furlough. Mr. Kaufman said he wants to keep the promise to the voters, but if the city doesn’t have to spend money to do that, he would support that. Mr. Barritt said it is not a critical thing right now, and it is important to have that land if the city needs other land for mitigation. Ms. Dopp explained that Land Trust’s involvement in the issue. She was fine with putting off the Conservation Easement as long as needed for the city to recover. She noted that the tax base does replenish the Open Space Fund. CITY COUNCIL 18 MAY 2020 PAGE 8 Ms. Riehle noted the City has a $2,000,000 shortfall this year. She said she would commit to coming back to this issue. She suggested a statement that the Council would support. Mr. Dorn reminded members that they cannot bind a future Council. He will ask the City Attorney to draft some course that the Council would consider taking. 12. April Financials: Mr. Hubbard said the budget looks good. In a normal year, it would be really good. He did not yet know the impact of the loss of revenue from the local option tax. Other revenues are on target, but they will be short on Recreation fees and some impact fees. He estimated at $1,000,000 income shortfall. He felt the City can still meet the bottom line at the end of FY 20 given the steps being taken. But a lot of things are being put on hold to make that happen. With regard to FY21, the city is moving forward with $400,000 to get Dorset St. paved to San Remo Drive. Other paving projects will be put on hold, which would save $800,000. CIP projects are budgeted at $1,200,000 (paving, fleet, equipment, etc.). He asked for input on putting a hold on those expenditures at least until the end of the year. Mr. Kaufman felt there are a lot of worse places in the city than Dorset St. Mr. Chittenden noted that Dorset St. might be cheaper now because of less traffic that might not require night work. Mr. Barritt noted that Dorset St. is the gateway to the city’s retail. Mr. Rabidoux said he could give the Council a list of $400,000 worth of projects other than Dorset St. He added that even with less traffic, it’s better to do night work on Dorset St. and cheaper as well. Mr. Hubbard noted that SBBA expressed a concern with getting Dorset St. paving done. Mr. Barritt suggested doing Dorset St. and possible repairs on Spear Street from UVM to Swift St. Mr. Rabidoux said they have money for the repairs and potholes. Ms. Riehle said she felt they should do anything possible to support business. Members agreed to do Dorset Street. Ms. Emery asked that street sweeping be looked at for the Chamberlin neighborhood. 13. Council review and possible adoption of resolution related to the wearing of face coverings in public places: CITY COUNCIL 18 MAY 2020 PAGE 9 Mr. Dorn said the feeling is the City Charter does not allow a mandate to require facial masking. He also noted that on Friday Governor Scott’s statement seemed to give something more than just “encouraging” use of face masks. The onus is on the owners of public spaces to require masks. Mr. Bolduc said he didn’t think the Governor’s order gives the city the ability to enforce a resolution or even an ordinance. Mr. Dorn noted the Mall is not mandating masks but is strongly suggesting them and is making masks available. Mr. Chittenden said he would like to hear from Chief Burke before voting on anything. Mr. Dorn said Chief Burke does to want to be arresting people for not wearing masks. Members then considered 2 options for a resolution. Mr. Chittenden felt option 2 was too vague. Ms. Emery felt option 1 avoids confusion and sets a tone. Mr. Kaufman noted that the word “business” should read “businesses” in option 1. Mr. Chittenden moved to approve option 1 related to the wearing of face coverings in public places with the noted amendment. Ms. Emery seconded. The motion passed unanimously via a roll call vote. 14. Councilors’ Reports from Committee Assignments: Mr. Chittenden: Green Mountain Transit is meeting tomorrow morning. He reminded members that he will be finishing up his appointment to that Board at the end of June. 15. Other Business: No other business was presented. 16. Possible executive session to discuss pending or probable civil litigation to which the public body may be a party, and confidential attorney-client communications made for the purpose of providing professional legal services to Council: Ms. Emery moved that the Council meet in Executive Session to discuss pending or probable civil litigation to which the public may be a party, and confidential attorney-client communications for the purpose of providing professional legal services and to invite Messrs. Dorn, Hubbard, Conner, Rabidoux and McNeil to join the session. Mr. Chittenden seconded. Motion passed unanimously. CITY COUNCIL 18 MAY 2020 PAGE 10 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 10:45 p.m.