HomeMy WebLinkAboutAgenda - City Council - 09/08/2020AGENDA
SOUTH BURLINGTON CITY COUNCIL
IMPORTANT:
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Regular Session 6:30 P.M. Tuesday, September 8, 2020
1. Welcome. (6:30 – 6:31 PM)
2.Agenda Review: Additions, deletions or changes in order of agenda items. (6:31 – 6:32 PM)
3.Comments and questions from the public not related to the agenda. (6:32 – 6:42 PM)
4.Announcements and City Manager’s Report. (6:42 – 6:52 PM)
5.Consent Agenda: (6:52 – 6:55 PM)
a) Approve disbursementsb) Approve minutes for July 20th & 28th and August 3rd & 18th
6.Council discussion and staff recommendations related to citizen concerns over noise issuesin South Burlington - Andrew Bolduc, City Attorney, Paul Conner, Director of Planning andZoning (6:55 – 7:35 PM)
7.Preliminary financial overview for FY ‘20 - Tom Hubbard, Deputy City Manager (7:35 – 8:00PM)
8.Update on status of work before the Planning Commission - Paul Conner, Director ofPlanning and Zoning (8:00 – 8:15 PM)
9.Council discussion about the extension of Interim Zoning Bylaws - Paul Conner, Director ofPlanning and Zoning (8:15 – 8:30 PM)
10.Council discussion about returning to live format for Council meetings and authorizing City
Committees to re-convene (8:30 – 8:45 PM)
11.Council discussion about moving forward with a search to replace the City Manager upon
his retirement and review of job description. (8:45 – 9:05 PM)
12.Reports from Councilors on Committee assignments. (9:05 – 9:15 PM)
13.Other business. (9:15 – 9:20 PM)
14. Adjourn. (9:20 PM)
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
*** Attachments Included
Issues that have been discussed by the Council where further action is pending:
1. Street light policy.
2.Airport noise survey.3.Evaluate water billing and rate structure.
South Burlington Water Dept. Accounts Payable Check Register Date: 09/09/20
Date Check No. Paid To Memo Amount Paid
9/9/2020 4120 Aldrich & Elliott, PC 5,150.00
Date Voucher Number Reference Voucher Total Amount Paid8/6/2020 VI-15156 79306 220.00 220.00 8/6/2020 VI-15157 79305 4,930.00 4,930.00
9/9/2020 4121 Adam & Amy Buckley 15.00
Date Voucher Number Reference Voucher Total Amount Paid
8/20/2020 VI-15155 REFUND 15.00 15.00
9/9/2020 4122 Continental Utility Solutions, Inc.3,740.00
Date Voucher Number Reference Voucher Total Amount Paid
8/20/2020 VI-15159 M17582 3,740.00 3,740.00
9/9/2020 4123 E.J. Prescott, Inc.352.31
Date Voucher Number Reference Voucher Total Amount Paid8/7/2020 VI-15151 5744052 49.19 49.19 8/5/2020 VI-15152 5737440 55.00 55.00 8/19/2020 VI-15162 5750326 50.46 50.46 8/20/2020 VI-15163 5750802 65.38 65.38 8/24/2020 VI-15164 5752592 24.36 24.36 8/24/2020 VI-15165 5744498 107.92 107.92
9/9/2020 4124 FirstLight Fiber 20.66
Date Voucher Number Reference Voucher Total Amount Paid
8/15/2020 VI-15160 7684683 20.66 20.66
9/9/2020 4125 Brian Saltzman 3.40
Date Voucher Number Reference Voucher Total Amount Paid8/21/2020 VI-15154 REFUND 3.40 3.40
9/9/2020 4126 City Of So. Burlington 165,065.53
Date Voucher Number Reference Voucher Total Amount Paid8/26/2020 VI-15166 WATER PROJ2019 165,065.53 165,065.53
9/9/2020 4127 Ti-Sales Inc.10,695.54
Date Voucher Number Reference Voucher Total Amount Paid
8/7/2020 VI-15153 INV0121129 1,695.54 1,695.54 8/19/2020 VI-15161 INV0121580 9,000.00 9,000.00
Printed: September 02, 2020 Page 1 of 2
South Burlington Water Dept. Accounts Payable Check Register Date: 09/09/20
Date Check No. Paid To Memo Amount Paid
Total Amount Paid:185,042.44
SOUTH BURLINGTON CITY COUNCIL
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Printed: September 02, 2020 Page 2 of 2
CITY COUNCIL 20 JULY 2020
The South Burlington City Council held a regular meeting on Monday, 20 July 2020, at 6:00
p.m., via Go to Meeting 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; A. Bolduc, City
Attorney; P. Conner, Director of Planning & Zoning; A. Cate, Public Works Department; M. Lyons,
Assessor’s Office; D. Goodman, M. Metz, L. Smith, S. Dooley, B. Sirvis, J. Barrows, A. Strong, L.
Vera, D. Burke, A. Margules, M. Turner, R. White, N. Andersen, M. Mittag, A. Rosatto,
1.Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
2.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:
Mr. Barritt moved the Council meet in 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. Mr.
Chittenden seconded. Motion passed unanimously.
Following the Executive Session, the City Council meeting was recessed for the convening of the
Steering Committee meeting at 6:00 p.m. The Council meeting was resumed at 7:00 p.m.
3.Comments and Questions from the public not related to the Agenda:
Ms. Dooley asked the Council to declare a public health emergency due to racism. She also
asked if there are reactions from the executive session whether they would become agenda
items. Ms. Riehle said the Council is still working on the executive session topic. She hoped for
a fuller public discussion in a week or so.
Ms. Sirvis thanked Messrs. Hubbard and Rabidoux for the sign denoting the future site of the
Dog Park.
4.Announcements and City Manager’s Report:
CITY COUNCIL
20 JULY 2020
PAGE 2
Mr. Chittenden noted that a semi-truck driver is contacted him with concern for striping at
Williston Road/Dorset Street and was concerned that people don’t know where the lanes are.
Mr. Cate said that was supposed to have happened. He will try to get an answer.
Mr. Barritt noted receipt of two mailings with no return address containing information from
bogus websites as to why masks are not good. Ms. Riehle said he got the same mailings.
Ms. Riehle noted receipt of kudos from business owners praising the city for requiring masks.
She also noted that Vermont is in better shape than most other states and thought that is
because people are following the rules.
Ms. Riehle said that Airport employees have created a garden at the old dog park site. Their
first harvesting will be brought to the Food Shelf.
Mr. Dorn: Cited the work of Al Rozatto, one of the most active volunteers at the Food Shelf.
City Hall is beginning to reopen. Mr. Dorn recognized Mr. Hubbard and Ms. Holm
for helping to bring about the safe return. The City Clerk’s office has a lot of activity with voting
and other services. It is expected that on 3 August, almost all staff will be back to normal
employment. All of the mandates are being practiced.
Two new Police Officers are on their way to the Academy for training.
A number of senior managers, who have been very busy in recent months, are
taking some vacation time in the next few weeks.
Ms. Riehle noted that she and Ms. Emery helped to prepare ballot envelopes to
be sent out at the City Clerk’s office.
Ms. Riehle also noted that every other Wednesday, Middle School students are
standing in a vigil in front of the “Black Lives Matter” signs.
Mr. Hubbard noted that the opening of midland Avenue has been postponed until sometime in
August.
CITY COUNCIL
20 JULY 2020
PAGE 3
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve minutes for 8 and 15 June
c. Affirm committee appointments based upon discussions held in executive
session on 6 July 2020
Mr. Barritt moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion
passed unanimously via a rollcall vote.
6. Approve bid for Dorset Street paving contract:
Mr. Cate said the recommendation is to go with the F. W. Whitcomb at a price of $437,387.75.
work will start where the previous work ended and will go as far as Healthy Living.
Mr. Barritt asked the status of adaptive signaling. Mr. Cate said they have changed some video
detection which will be part of that. It will probably be finished next spring.
Mr. Barritt suggested looking at the left turn into University Mall where the turn lane is empty
and the arrow stays green for 30 seconds, while southbound traffic has to wait.
Ms. Emery asked about the repaving of Queen City Park Road. Mr. Cate said that was one of the
projects that was trimmed when the budget had to be reined in.
Mr. Barritt then moved to approve the Consent Agenda as presented. Ms. Emery seconded.
Motion passed unanimously via a rollcall vote.
7. Presentation of proposed traffic calming measures for Midland Avenue:
Mr. Conner noted that a connector is being constructed from South Village to Midland Avenue
and that money had been set aside for traffic calming measures. After a meeting with Public
Works last year, the recommendation was to install a series of stop signs at 3 intersections that
go through Dorset Farms. Mr. Conner also noted that it will probably be a couple of months
before the road is completely open.
Mr. Mittag asked if there are culverts to allow wildlife to move north/south. Mr. Conner said he
would check on that.
CITY COUNCIL
20 JULY 2020
PAGE 4
Mr. Barritt asked whether residents want the 3 stop signs. Mr. Conner said he and Mr. Rabidoux
are fully committed to meeting with people to get a design meets residents’ approval.
Ms. Emery asked about the history of the road. Mr. Conner said the connection was approved
as part of the Master Plan for South Village in 2005. There were trigger points as to when
linkages needed to take place. Some mitigation was anticipated and funds were provided for
that. The connection was a “must do” in city policy at that time. Mr. Conner added that
whenever there are more than 50 homes in a development, there must be more than one
access point. That was another factor in the approval of the connector. The road was designed
to be a through road which is why it is so wide. Narrower roads are now being built.
Mr. Mittag asked how roads can be removed from the Official City Map. He noted that 2 studies
have said not to build a road through the Great Swamp. Mr. Conner said the Official Map is
similar to the LDRs and can be amended following public hearings. Ms. Dooley said she has
listened to a lot of reports and doesn’t recall conclusions quite as definite as Mr. Mittag has
suggested, and there were mitigations.
Mr. Barrows noted that a committee has been meeting with Mr. Rabidoux for a year. The stop
signs are a temporary measure. What they want is bumpouts, and that has been delayed due
to the COVID situation. In response to a question as to why there is a need for stop signs in the
interim, Mr. Conner noted this was a request of the neighborhood. It is a very low cost
measure, and the signs could be re-used.
Mr. Chittenden moved to authorize the stop signs as outlined in the recommendations. Mr.
Kaufman seconded. Motion passed unanimously via a rollcall vote.
8. Council acceptance of the IZ Open Sp0ace Committee report and consideration and
possible approval of a letter formally accepting the report:
Mr. Bolduc said the letter is a result of comments and questions from landowners and was put
together based on “best practices.” The letter outlines the acceptance language and also
containers the disclaimer that this is not part of the Land Development Regulations. It does not
hinder the report being use4d for planning purposes down the road.
Ms. Emery said she wished there would be more language thanking the committee members.
She also felt the report provides direction to the city regarding preservation of spaces where
there are species, etc.
CITY COUNCIL
20 JULY 2020
PAG3E 5
Mr. Barritt suggested adding the words “at this time” to the disclaimer. Ms. Emery felt that was
already implicit in the language. She felt the language allows the report to be used to enact
laws and asked that it just be accepted as is.
Mr. Strong felt that if that language had been given to the committee, it would have lost some
members, but he had no problem accepting the language as presented.
Mr. Mittag was concerned the report would end up “on the shelf.”
Mr. Chittenden felt the language is defensible as is.
Ms. Dooley said there is never a guarantee that a report will become policy, and the need is to
cover all the bases. She urged support of that language as is.
Ms. Riehle said she would go along with Ms. Emery and the City Attorney and leave the
language as is.
Ms. Emery then moved to accept the IZ Open Space Committee report and approve the letter
formally accepting the report. Mr. Chittenden seconded. Motion passed unanimously via a
rollcall vote.
Ms. Riehle personally thanked everyone who served on the committee.
9. Council consideration and possible approval of an agreement related to an
application for change of use pending before the Burlington Development Review
Board:
Ms. Riehle noted that the Council did not come to a conclusion during its executive session and
will thus not act on this item.
Mr. Smith, a Queen City Park (QCP) resident, said that any urgency around this item comes from
Burton and di not want the Burlington DRB to get any idea that South Burlington endorses the
Burton project. He asked why the city is even negotiating with Burton and ignoring the QCP
residents. He then cited violations of ordinances inherent in the Burton project and asked that
the Council postpone any decision until residents can present their concerns to the Burlington
DRB so that the neighborhood is not irreparably damaged.
CITY COUNCIL
20 JULY 2020
PAGE 6
Ms. Emery said that the notion that Higher Ground did not generate noise in its present location
is not true.
A Burlington resident and direct abutter said the hope is that the Council will consider the
concerns of residents, including traffic, noise, infrastructure, and give residents the chance to
weight in on this when it is on an agenda.
Ms. Brock said residents want to work together with the Council. Residents feel there will be
“pre” and “post” partying at the site, and with the police so far away in Burlington, residents are
very concerned.
Ms. Riehle said the Council’s hope is to address all concerns including traffic, noise, Red Rocks
Park, the one-lane bridge, etc. There are parameters as to what a city can do in this type of
situation. The hope is that Burton would agree to address the issues so that this won’t wind up
in a court case.
Another resident said that they have a lot of information the Council won’t get if it’s talking only
with Burton. For example, there are 425 parking spaces, and Higher Ground has said they
expect up to 500 cars. Where will those cars go? Also, the safety assessment of QCP Road, Pine
St, etc., didn’t include an already high-crash area, and South Burlington would be responsible
for this. There are also many “holes” in the noise assessment. The impact of an outdoor patio
with a bar for 125 people hasn’t been addressed. Residents feel that nothing being proposed
will protect their neighborhood and they asked the Council to support them.
Another resident stressed that South Burlington does not have to approve this.
Ms. Vera also cited the impact on QCP residents and felt it would be a horrible “nail in the
coffin” for the neighborhood. She noted that from her bedroom she can see a light in the
Burton parking lot. She asked that residents be a party to any discussions as they are involved
community members.
` 10. Continued Interim Zoning application #IZ-20-01 public hearing seeking a
Jurisdictional Opinion for the re-subdivision of three parcels totaling 3.65 acres and for the
development of up to 15 dwelling units in buildings containing no more than four dwelling
units per building for the “Park Road” phase of a previously approved Master Plan for a 450-
acre golf course and 354-unit residential development, 1170 and 1180 Dorset Street:
CITY COUNCIL
20 JULY 2020
PAGE 7
Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
Mr. Burke explained that this is part of the National Country Club property on the right side of
Park Road. It is one of the parcels that got a higher density as the result of a Court decision in
2005. There is a maximum of 15 units with no building more than a 4-plex. Mr. Burke said they
are looking at duplexes or less. He showed a proposed plan. A question has arisen as to
whether the property is subject to the Interim Zoning bylaws.
Mr. Rosatto, representing the homeowners across the road from this project, said you almost
can’t cross the road now to access the bike path as there is no crosswalk. He said they are not
opposing the development but are looking for an answer. Mr. Conner said that issue is a not a
province of this hearing, but it will be shared with the Bike/Ped Committee.
There was no further public comment.
Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
11. Interview and possible appointment for member of the Bike/Pedestrian
Committee:
The Council interviewed Nic Andersen for appointment to the Bike/Ped Committee.
Following the interview, Mr. Chittenden moved to appoint Nic Andersen to the Bike/Ped
Committee. Ms. Emery seconded. Motion passed unanimously.
12. Set property tax rates and tax installment dates for FY21:
Mr. Hubbard explained that the Council had used a projected grand list number to prepare the
FY21 budget, and this year “hit it on the nose.”
The proposed tax due dates being recommended are: 15 September, 15 December, and 15
March. The city is optimistic that most taxes will be collected and feel they will not have to
borrow money due to the extension from 15 August to 15 September.
Mr. Barritt asked what happens if the school budget doesn’t pass. Ms. Lyons said interim bills
CITY COUNCIL
20 JULY 2020
PAGE 8
will go out on 15 August. If the school budget passes on 11 August, they would probably not
hear from the state before 15 September, not in time for the first payment, so there would have
to be a later revised bill. Mr. Hubbard said there will be a letter explained all of this to voters
and taxpayers. The city is also reaching out to The Other Paper to help provide people with
information about the process.
Ms. Emery then moved to approve the tax rate and new due dates. Mr. Barritt seconded.
Motion passed unanimously via a rollcall vote.
13. Councilors’ Reports from Committee Assignments:
No reports were presented.
14. Other Business:
Ms. Emery asked about the big piles of dirt near the Airport. Ms. Riehle said she will find out.
Mr. Dorn noted the need for a second executive session.
Ms. Emery moved that the Council meet in executive session to discuss the negotiating or
securing of real estate options or leases and to include in the session Messrs. Dorn, Hubbard
and Conner and to resume open session only for the purpose of adjournment. Mr. Barritt
seconded. Motion passed unanimously.
The Council entered executive session a 9:11 p.m.
Following the executive session Tim Barritt moved to adjourn. Meaghan Emery
seconded. Motion passed unanimously, and the meeting was adjourned at 10:40 p.m.
_________________________________
Clerk
SOUTH BURLINGTON CITY COUNCIL Tuesday, July 28th, 2020 The South Burlington City Council held a Special Virtual Meeting on Tuesday, July 28, 2020 at 5:45 PM.
Members present via electronic means: H. Riehle, M. Emery, D. Kaufman, T. Barritt, T. Chittenden Also present via electronic means: K. Dorn, City Manager, T. Hubbard, Deputy City Manager, P Conner, Director of Planning and Zoning
1. Welcome
2. Agenda Review: Additions, deletions or changes in order of agenda items.
3. 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 and to discuss negotiating or securing of real estate purchase or lease options.
T. Barritt moved that Council make a specific finding that premature general public knowledge of: 1) confidential attorney-client communications made for the purpose of providing professional legal services to the Council; and, 2) related to the Burton
application, pending or probable civil litigation to which the City may be a party, would clearly place the City at a substantial disadvantage. M. Emery seconded the motion. The motion passed unanimously. T. Barritt moved that, having so found, I now move that the Council enter into executive session for the purpose of discussing the matters identified in the previous motion as well as for a separate session to discuss the negotiating or securing of real estate purchase or lease options. Inviting in: Colin McNeil, Kevin Dorn, Tom Hubbard, Shawn Burke, Paul Conner, Alan Newman, Alex Crothers, Justin Worthley and Brian Dunkiel. T. Chittenden seconded the motion. The motion passed unanimously.
The Council then entered executive session. 4. Adjourn
The Council adjourned at 8:30 PM
CITY COUNCIL 3 AUGUST 2020
The South Burlington City Council held a regular meeting on Monday, 3 August 2020, via Go to
Meeting 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; P. Conner, Director of
Planning & Zoning; S. Dooley, L. Black-Plumeau, R. Groenevald, B. Sirvis, M. Mittag, D. Leban, P.
Plumeau, K. Ryder
1. Welcome:
Ms. Riehle explained the new process for public participation and asked that those other than
Council members turn their cameras off unless they wish to speak.
2. Additions, deletions or changes in the order of Agenda items:
Mr. Dorn noted that Agenda item #6 will be postponed until the next Council meeting due to a
death in Chief Burke’s family.
3. Comments and Questions from the public not related to the Agenda:
Ms. Black-Plumeau of the Affordable Housing Committee asked that the Council review the
report that she sent last week regarding housing needs. She felt the report should be
considered before the Council takes any more land off the table for housing.
Ms. Dooley echoed Ms. Black-Plumeau’s concerns regarding housing.
4. Announcements and City Manager’s Report:
There were no Councilor announcements.
Mr. Dorn: The entire City team was back to work today. The City will do its best to
accommodate staff members who have challenges (e.g., children out of school).
The Public Works team is turning its attention to deferred maintenance of roads this
week and addressing call regarding those concerns.
On Thursday, Congressman Welch and VLCT will by hosting a Town Meeting for City
Government. Council members can log in to participate.
CITY COUNCIL
3 AUGUST 2020
PAGE 2
The Chittenden Employers Health Clinic is up and running and things are going very well.
The Steering Committee for the Outreach Program is talking about expanding the
program to the “outer ring” of communities and is considering how to fund this expansion.
The next Council meeting is scheduled on a State holiday (Bennington Battle Day).
Members agreed to meet on the 18th instead of the Monday holiday.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Grant Application for Design of Stormwater Treatment Practices at
Grandview Drive
c. Accept Cider Mill 1, Pond 1 Stormwater System and Easements
Mr. Kaufman moved to approve the Consent Agenda as presented. Mr. Barritt seconded.
Motion passed unanimously via a rollcall vote.
6. Overview of current issues related to policy, operations and budget at the South
Burlington Police Department:
As noted above, this item will be heard at the next Council meeting due a death in the Police
Chief’s family.
7. Presentation and Council discussion about the history and current plans for East-
West connecting roads in South Burlington:
Mr. Conner provided a history of planning for east-west connecting roads beginning with the
Beers Atlas map of 1869 following the Burlington/South Burlington “split.” That map indicated
major roads that still exist. He then showed an aerial photo from 1942 indicating the same
roads in the same positions.
Mr. Conner noted that the city’s 2 major planning tools are the Comprehensive Plan and the
Official Map. The Comprehensive Plan is a vision for the future which is not regulatory. The
Official Map falls midway between a “plan” and “zoning.” Development must be consistent with
the map. If a development proposal is not consistent, the city has 120 days to take action to
acquire the land. If it does not take that action, the land goes back to being developable. Mr.
Conner said this is something like “a right of first refusal.”
CITY COUNCIL
3 AUGUST 2020
PAGE 3
Mr. Conner noted there have been 2 instances where a requirement for City Council action has
been triggered: the land behind Healthy Living (where the Council felt it was not a likely place
for a road) and Hinesburg Road north of the Interstate (where the Council chose not to initiate
proceedings).
Mr. Conner then showed a 1962 aerial photo which included 2 planned roads along Muddy
Brook that have now disappeared.
In 1972, the Comprehensive Plan showed both Swift Street and Allen Road going all the way to
the town line. After the Southeast Quadrant study was done, the 1991 Comprehensive Plan
included roads from Village at Dorset Park and other north/south connectors. A 1999 aerial
photo includes Nowland Farm Road, Midland Road and Golf Course Road.
The first Official Map was done in 2000 and highlighted built and planned road. In 2004, that
map changed a roadway at the end of Vale Drive to go up Swift Street. For the most part, this is
the current Official Map with just a few minor changes.
An aerial map in 2013 includes part of South Village and part of Cider Mill Road. The 2016
Comprehensive Plan includes a connection from South Village to Cider Mill and keeps the right-
of-way for Old Cross Road “reserved for future use.” It also includes sections approved for
development but not yet built.
A 2019 aerial photo essentially shows existing conditions including road connections approved
but not yet built (Cider Mill 2 and Spear Meadows).
The 2016 Comprehensive Plan makes note of a lack of east-west roads and also indicated
“connections” rather than “cut-throughs” (roads with no homes fronting them). Mr. Conner
showed objectives from that Comprehensive Plan including being mindful of natural resources
and the need to update the 2001 east-west roads study.
Mr. Conner noted that the current Tilley Drive study shows that Swift Street Extension would
significantly reduce traffic on Kennedy Drive.
Mr. Chittenden asked what the “shelf life” of a study is and whether it is time to refresh the
2001 study. Mr. Conner said he thought the 2001 study is probably out of date. The 2007 study
is still very current.
CITY COUNCIL
3 AUGUST 2020
PAGE 4
Mr. Conner noted that the Official Map is not a static document. He considers the Official Map
and Comprehensive Plan the best information to provide the public and development
community with information. He noted that the Planning Office uses those documents very
often to answer questions from people moving into the community who ask “what can I
expect?”
Ms. Emery noted receiving a call from a Butler Farms resident regarding noise from Long Drive.
Mr. Conner said that is a dead end road off golf Course Road which was approved by the Court.
It will serve 10 dwelling units near the 13th hole.
Mr. Barritt said that one thing probably not taken into account in the past studies was the
concern for wildlife corridors. He cited roads that go through those corridors which is
antithetical to what the city is trying to do. He said the question is how to accommodate both
conservation and the need for east-west roads. Mr. Conner said the question is about the long
term planning objective regarding the need for land use. Roads were originally planned to serve
this need. He stressed that the city doesn’t want to be in a position where it has to widen Spear
Street to 4 lanes because there are no alternatives.
Mr. Kaufman felt there is a need to bring things up to date.
Mr. Chittenden asked if there is a cost to update the east-west corridor study. Mr. Conner said it
depends on what the city wants to study. He said the Council could ask the Planning
Commission to have it as part of its annual work plan and have them apply for funding in
January for work to begin in July. He also noted that the final report on Tilley Drive is due at the
end of this month.
Ms. Riehle said the question is “what is enough regarding east-west connectors and whether
the city wants “city centers all over the city.”
Mr. Barritt said you can’t see the future. He cited property that could be developed in the
future and roads that might be important for future planning purposes. Mr. Conner said
roadways tend to be there forever. He cited ancient Roman roads that still exist. He felt that
rather than “big connections,” “micro connections” may be more common in the future.
Mr. Plumeau noted that if the city doesn’t build east-west roads, it will force more traffic onto
the smaller roads and increase greenhouse gase3s. He also asked the Council to consider how
CITY COUNCIL
3 AUGUST 2020
PAGE 5
connectivity supports access to economic opportunity across the spectrum. He stressed that
these are regional issues.
Ms. Emery felt it would be good to reach out to the business community. She noted that some
business has continued during the pandemic via alternate forms of working.
Mr. Mittag felt the residential community should also be involved in the discussion.
8. Review prioritization of issues in the Bike Rack:
a. Streetlight policy:
Mr. Dorn noted that with LED lights the city can now leave all streetlights on. He suggested
taking this off the list.
b. Airport Noise Survey:
Ms. Emery asked about an electronic comment box for people to indicate noise concerns. Mr.
Chittenden noted that other cities have a “concern form” on their website. This could be for
things other than noise concerns. Mr. Dorn said he would talk to Ms. Holm about how to do
this and report back at the next meeting.
c. Evaluate water billing and rate structure:
Ms. Sirvis said there is no incentive to save water, and people are paying for water they don’t
use. Ms. Riehle felt this would be an issue to go back to when COVID is under control. Mr.
Kaufman noted the expense of infrastructure. Ms. Dooley noted the Green Mountain Power
used to have an incentive if you used less. She felt this would be great for water as well. Mr.
Barritt noted that if you decrease costs for some people, you have to increase the cost for
others. Ms. Sirvis said she understood about infrastructure, but she shouldn’t have to be
subsidizing a family of 5.
d. Declaring racism a health emergency:
Ms. Dooley said there is a lot of research to support this. She will provide information to the
Council. Mr. Chittenden felt it was worth the Council’s attention.
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3 AUGUST 2020
PAGE 6
Mr. Barritt asked if city employees have had any diversity training or exploration of issues with a
consultant. He noted this has happened at his workplace. Mr. Dorn said the Police Department
has had that training and it is ongoing. The rest of city employees have not. He said it is
something to be considered.
e. Allowing the painting of a “Black Lives Matter” on a city street:
Mr. Dorn noted the Council has the right to authorize this on a city street.
Ms. Emery cited the rallying around the Middle School banner and the response of a protester
who was told “this is a peaceful protest and it can go on.” Mr. Riehle noted that more and more
people are coming to the Wednesday gatherings at the Middle School.
Ms. Dooley suggested a street mural on Market Street, the city’s center.
9. Councilors’ Reports from Committee Assignments:
Mr. Barritt: The Pension Advisory Committee met and had reports from Pat Blizard and Eric
Shait. The second quarter saw a rebound from a bad first quarter. The fund is at $36,600,000.
Interest rates are way down. Mr. Shait has a new idea regarding level contributions until 2040
and then a dive down instead of a steady decline. Mr. Hubbard will forward that presentation
to the Council.
10. Other Business:
Mr. Barritt noted that the delay at the Trader Joe’s intersection has been reduced from 40
seconds to 15 seconds, and traffic now flows better.
11. Possible Executive Session to discuss negotiating or securing of real estate
purchase or lease options where premature disclosure would put the city at a
competitive disadvantage:
Mr. Barritt moved that the Council meet in executive session to discuss negotiating or securing
of real estate purchase or lease options where premature disclosure would put the city at a
competitive disadvantage and to invite Messrs. Dorn, Hubbard and Conner into the session.
Ms. Emery seconded. Motion passed unanimously.
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3 AUGUST 2020
PAGE 7
The Council entered executive session at 8:31 p.m.
Following the executive session, as there was no further business to come before the Council
Ms. Emery moved to adjourn. Mr. Chittenden seconded. Motion passed unanimously. The
meeting was adjourned at p.m.
_________________________________
Clerk
CITY COUNCIL 18 AUGUST 2020
The South Burlington City Council held a regular meeting on Tuesday, 18 August 2020, at 6:30
p.m., via Go to Meeting 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; A. Bolduc, City
Attorney; Chief S. Burke, Police Department; Rep. H. Head; P. Conner, Director of Planning &
Zoning; J. Rabideux, Public Works Director; M. Abrams, B. Sirvis, M. Clark, D. Leban, D. & L.
Angwin, J. McLean, R. Greco, S. Lybrand, L. Black-Plumeau, M. Murray, B. Zigmund, C. & A. Long,
L. Chiasson, R. Hannaford, V. Bolduc, A. Strong, P. Kahn, C. McQuillan, M. Simoneau, J. Porter, K.
Vasquez
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. Abrams said that his Highland Terrace neighborhood has been “one of a kind construction”
for a long time, and he wanted a statute that there can’t be radical different kind of housing in a
neighborhood. He wanted to halt the construction across from his house until there is such an
ordinance.
Ms. Greco cited a dangerous traffic situation on Nowland Farm Road where the wide, 25 MPH
road encourages people to drive faster. She said the traffic increase has been dramatic, and it
poses a danger to walkers, joggers. People are also driving while using cell phones. There has
been some Police monitoring, but not at the critical 7-9 a.m. and late afternoon/early evening
hours.
3. Announcements and City Manager’s Report:
Mr. Chittenden said he has been contacted by people about concerns with the lack of clarity
with their interim tax bills. He suggested some information in The Other Paper.
Ms. Riehle congratulated Mr. Chittenden of his win in the Primary Election.
Ms. Emery said she was contacted by a resident very concerned with the arrival of UVM
students. She noted that Burlington’s Mayor feels UVM has addressed concerns and that the
State will be able to address concerns if a change of course is necessary. She suggested
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18 AUGUST 2020
PAGE 2
possibly adding something to the traditional “welcome packets” given to students living in the
South Burlington community. Mr. Chittenden said he has spoken with UVM’s Outreach Officer.
He noted that the last call for alcohol is now 10 p.m. in Burlington and questioned whether
South Burlington should do the same. He also said he’d be glad to add something to the
“welcome packets.” Mr. Dorn said he would find out what is needed to change the hours at city
bars. Mr. Barritt questioned whether So. Burlington has the same type of establishments as
those where students gather in Burlington. He also noted that those establishments are trying
to recover, so he urged caution with any potential action.
Mr. Dorn: Noted the great job Public Works did to fix Spear Street between the University
and Swift Street.
Work on Dorset Street is in progress and should be finished by the end of the
week. The next project will be the bike path at the Jughandle.
The State Legislature will be back in session on the 25th. One thing they will be
addressing is the potential to extend the TIF districts for a year. Mr. Dorn stressed how much
this is needed.
Mr. Hubbard: The city is taking advantage of grant opportunities from FEMA and the State. The
local option tax came back OK with only a $53,000 deficit. The Rooms & Meals tax was down
considerably. He was still comfortable that the city would wind up with a positive number at
the end of FY 20. He hoped to have a preliminary number for the first September meeting.
Mr. Dorn: Recognized the work Mr. Hubbard, Ms. Lyons, and Ms. Dorey did regarding the
complicated situation of the interim tax bills.
Meetings are being held with the 3 bargaining units. Contracts will expire in June
2021, and the hope is to get a one-year extension.
The Howard Center and the State want to expand mental health services. The
city is looking at a 5-year deal with the Howard Center at the same cost.
Ms. Riehle: The Airport Commission will meet tomorrow. She has heard that the Kirby
Cottages have been bought by Beta Aviation to provide affordable housing for their employees.
There is still a gap between what the Airport was paid for the houses and what they owe the
CITY COUNCIL
18 AUGUST 2020
PAGE 3
FAA. Ms. Emery felt this is something businesses should think about in their long-term
planning.
Ms. Riehle: One of the Boy Scouts who attended a Council meeting recently is doing another
badge and wants to advocate for improvements for pedestrians and bikers on Lime Kiln Road.
4. Consent Agenda:
a. Approve and Sign Disbursements
b. Adopt Resolution Prohibiting Smoking on the South Burlington Library and City
Hall Property
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Chittenden seconded. The
motion passed unanimously via a rollcall vote.
5. Consider and possibly approve a resolution authorizing the acceptance of a
donation of property and extending authority to the City Manager to sign all
pertinent documents:
Mr. Dorn said the “great news” is that the family of the late Bobby Miller has accelerated the
donation of the Police Department building to the city by 10 years. There is already a tenant in
one part of the building and one open space that can be rented. Attorneys are working to make
this happen. Ms. Riehle suggested a letter to the family thanking them for their generosity to
the community.
Mr. Kaufman moved to approve the resolution authorizing the acceptance of a donation of
property and extending authority to the City Manager to sign all pertinent documents. Ms.
Emery seconded. The motion passed unanimously via a rollcall vote.
6. Overview of current issues related to policy, operations, and budget at the South
Burlington Police Department:
Chief Burke began is presentation outlining how the Department has been building trust and
legitimacy:
a. Being much more transparent
b. Receiving citizen feedback on all of their response (there are not a lot of
complaints)
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18 AUGUST 2020
PAGE 4
c. Weekly distribution of arrest logs
d. Having a cruiser camera policy and body mikes
With regard to Domestic Violence responses, Chief Burke noted that the entire policy has been
redone. He also noted the recent community forum to bring awareness about the prevalence
of domestic violence and the entities that are there for support.
The Department is fully compliant with the mandate for “fair and impartial policing.” Training
has taken place, including the collection of data. The Department is beginning an education
campaign on race which began with the screening of a documentary. In addition, the
Department is committed to “relationship-based policing” which focuses on the commitment to
a quality of life, empowering victims and leaving people with their dignity.
The Chief then recounted the various policies that have been instituted since he became Chief
including:
a. Narcan policy (2018) which is bringing about better results
b. Fair & Impartial Policing Policy (2018)
c. Domestic Violence Policy (2018)
d. Vehicle Operation Policy (2019)
e. Response to Persons in Crisis Policy (2019)
f. Use of Force Policy (2019) – This is a very progressive policy which includes
de-escalation and a recognition of the sanctity of human life. The
Department is fully compliant now.
g. Hate Crimes and Bias Policy (2020) which tells officers exactly what to do and
the reports to be made.
Chief Burke then reviewed some of the advancements and needs with regard to technology and
social media including:
a. A new program with a tracking/accountability element, the archiving of all
data. He noted that officers use technology for accountability every day to
identify issues with equipment, personnel, etc.
b. There is a need to discuss body-worn cameras which are very expensive.
c. There are also other software solutions including the possibility of a state-
wide use of force platform that the Department would also subscribe to.
d. Twitter is being used to communicate such things as closed streets.
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18 AUGUST 2020
PAGE 5
e. Social media is not used for “mug shots.”
Chief Burke then outlined the various elements and activities related to community policing and
crime reduction including:
a. Youth Service (DARE)
b. SoBu Night Out
c. “Coffee with a Cop”
d. “Holiday Shop with a Cop”
e. Delivery of “Meals on Wheels”
f. Special Olympics
g. “Project Good Morning” in which seniors call in to let the Department know
they are OK; if there is no call, officers check on the person.
Relationship-based Policing includes the following elements:
a. Problem solving with citizens including the leveraging of the appropriate
resources
b. Community outreach
c. Beacon Place
d. COVID housing at Holiday Inn
Chief Burke noted the Department gets between 14,000 and 15,000 calls a year. The highest
percentage of calls are received between 11 a.m. and 11 p.m. 850 of those calls involve criminal
charges (some of which are multiple calls for the same person). Other calls involve unmet social
needs and traffic. Different types of calls require a different amount of time and officer
attention.
Criminal calls generally involve retail theft (these calls are down due to COVID), domestic issues,
DUI, assaults, and burglaries (which have been reduced due to better prosecuting).
Mr. Chittenden asked whether the Chief felt South Burlington should follow Burlington’s lead in
closing bars at an earlier hour to prevent “gatherings.” The Chief said there are a few bars in the
city that get Burlington people after their bars close, but he couldn’t think of a venue in South
Burlington with the same environment as Burlington bars. He didn’t think the city would gain
anything by closing bars earlier.
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18 AUGUST 2020
PAGE 6
With regard to “unmet social needs,” Chief Burke said they get about 150 calls a year regarding
intoxication. Welfare checks have increased from about 100 to near 400. They also see about
one suicide threat/attempt a week. Since the Howard Center has made access to drug
treatment more accessible, the number of overdose calls has been a relatively flat number. The
Chief felt that South Burlington has a model for serving those in crisis that other communities
should follow.
The Chief then addressed traffic enforcement. He noted that between 2016 and 2018, they
responded to 7000 incidents. 1115 of those involved crashes with property damage. 86
involved injuries. Between 2018 and 2020, there were 1200 crashes with property damage and
90 involving injuries. He said that South Burlington does not have a lot of DUI crashes.
The Chief then showed a graph indicating traffic stops involving race. He noted that the
majority of traffic tickets, arrests, searches, warnings and search “hits” involve white drivers.
There are a number of projects outlined for FY21 including a new reporting system for use of
force involving demographics, trends and software. The Department’s Administrative Officer is
looking at all of this. The Department has date from 2013 which will help them to understand
trends in the use of force. They are also looking at more effective ways to train officers and
more effective ways to intervene. Ms. Riehle asked about “the duty to intervene.” Chief Burke
said that has been added. It allows officers to go outside the chain of command to report a
higher ranking officer for inappropriate actions.
Chief Burke stressed that training education since 2018 have centered on the sanctity of human
life and de-escalation. He noted the South Burlington officers have taught these methods to the
St. Albans Police Department. There has recently been autism awareness training as officers do
respond to several calls a year involving this. Recently, the Department had two screening of
“The 13th.” Chief Burke felt this should be part of training at the Academy. Following the
screenings, there was a facilitated discussion with Dr. Longo. The Chief cited the need to
educate team members to the history of systemic racism.
The Chief then addressed officer wellness and safety. He noted a number of initiatives
including:
a. A contract with Sonny Provetto for a range of services related to cumulative
stress
b. A peer officer support team that helps reduce the stigma of “having issues.”
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18 AUGUST 2020
PAGE 7
c. The new Marathon Health Center
d. Education regarding COVID 19
e. Scenario-based training involving the use of simulators, PERF-ICAT curriculum
(decision making models), and incorporating non-government entities into the process.
The South Burlington Police Department now has 38 sworn officers. Of these 8 are female and
one is an African American. The background of the Department is the patrol group and
dispatch. One officer is assigned to CUSI. Two officers are in Youth Services.
Ms. Emery asked whether officers should always carry weapons. The Chief said they absolutely
have to carry a firearm. He cited the “gun culture” as critical in this regard. He also noted they
do more in terms of training. He did not see an alarming trend in the officers’ use of firearms.
Ms. Emery asked whether officers feel comfortable reporting offenses. Chief Burke said “no,
but they know it is their duty.” He felt they would do the right thing. Ms. Emery asked if there
are incentives for that. The Chief said, “if you value your employment, yes.”
Mr. Barritt asked about the morale of the staff. Chief Burke said no one wants to hurt anyone,
and they appreciate the effort toward de-escalation. He also noted that officers are very
thankful for community support and to be able to work for a city that provides the best
resources to work with. The Chief stressed that it is a tough but rewarding job.
Ms. Riehle asked whether there is a post-intervention program with regard to suicide. The Chief
said there is not a formal program but there is supportive follow-up.
Ms. Riehle then asked about the private car drop-off of students when the schools open. Chief
Burke said they have been waiting to understand what the hybrid program will mean. He noted
there is less traffic on the roads now because of the pandemic.
Ms. Riehle thanked Chief Burke and said the Council will have more questions when they work
on the next budget.
7. Presentation of “The Case for Housing,” a Report of the Housing Space Working
Group:
Ms. Black-Plumeau identified the working group and noted that they had not been appointed
by anyone but were people who shared a common concern.
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18 AUGUST 2020
PAGE 8
The overarching thesis of the group is that although there has been admirable work on
preserving open space, the case for new housing has not been as effectively presented. The
group feels that the 2 efforts must be balanced with attention paid to the responsibility to
provide housing for all income levels. Ms. Black-Plumeau noted that Chittenden County is
growing, and the two largest employers are a few hundred yards from South Burlington’s
borders. Between them, UVM and the Medical Center have 11,000 employees.
Ms. Black-Plumeau said the consequences of getting the balance wrong are:
1. Overemphasizing open space makes land in the city more expensive
2. Land excluded from development makes housing more expensive
3. Housing is being forced to peripheral rural communities which creates more cars on
the road, more infrastructure, more highways, more fuel consumption, increased
driving time, etc.
She also noted that 161 jobs are created for every 100 homes, not only during construction.
95% of the land in South Burlington is within 5 miles of the 2 major employers.
The group’s report noted that 189 parcels were identified by the Interim Zoning Open Space
Committee as potential conservation areas. They are concerned that the majority of the
remaining open space in South Burlington is already protected from further development. They
also noted that 4 new parcels have been bought by the city, and the 9 large UVM properties are
largely conserved. Ms. Black-Plumeau showed a map of the “open space” parcels that contain
more than 5 buildable acres.
The group concluded that while there is a need to protect open space, there is a need for a
better balance for housing for all income levels.
Ms. Emery said that in a meeting with CCRPC in March, she was shown a spread sheet showing
housing built over the years. She felt South Burlington has “done its share.” She sensed that
available land is decreasing which she felt means that housing will go beyond South Burlington.
She felt South Burlington had done a good job in preserving affordability. She also felt that child
care is a major factor for people driving.
Mr. Barritt felt the report was eye-opening. He did cite a number of new projects that are
beginning or being finished and also the potential for more housing in City Center. He cited the
potential for redevelopment but cautioned not to “dispossess” people when redeveloping.
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PAGE 9
Ms. Greco said there are 1200 homes that have been permitted but not yet built. She felt South
Burlington has done more than other communities.
Mr. Chittenden said he hoped the Planning Commission would consider all reports. He felt the
socio-economic piece is very important.
Ms. Riehle questioned how to build affordable housing when land is so expensive. She felt land
was more affordable in other communities.
Ms. Head thanked the group for its report and said South Burlington is in a unique position to
provide more housing.
Ms. Leban noted that builders seem to build a limited range of housing. Ms. Black-Plumeau said
housing is a market. The housing market is tight which makes houses more expensive. Homes
which are new now will eventually become less expensive. She felt South Burlington could
make a difference is what is available to middle-income families.
Ms. Emery said she would be more open to accepting the report if the group had looked at all
parcels greater than 5 acres, not only the “open space” properties.”
Ms. Dooley said that one thing they are trying to communicate is that the removal of land from
development creates a risk. She has observed that this is a very “tough market to crack.” She
felt both groups of properties need to be looked at. Ms. Dooley also congratulated Mr. Conner
for inviting people to participate in a discussion on “the missing middle.” She said it was a
fabulous workshop that is now available on-line.
Mr. Kahn said that the 189 parcels are all there are in the city that are greater than 4 acres with
less than 10% impervious. If a parcel is more than 10% impervious, it is already developed. He
said the group went from the 189 parcel to a map from Planning & Zoning which showed what
is already developed and what is already preserved. That reduced the number from 189 to 60
very quickly. He said that if everything in South Burlington that could be developed was
developed, South Burlington would not look much different from what it looks like now.
Ms. Head said she can’t stress enough the need to focus on housing at all levels. This is vital for
all citizens.
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8. Update on the development of a new South Burlington Dog Park and report on
current investments by Common Roots in the Wheeler Homestead property:
Ms. McQuillan said this is Common Roots’ 5th year in a place where they can grow more for
their programs. They have put in more time to get water and electricity, and in July they put in
a well to answer the water need.
Wheeler House has not had further improvements since the kitchen, but they are working with
a lot of community partnerships and have created an outdoor kitchen which will belong to the
city. All the permits are in place and they are working to figure out the lighting.
Common Roots in also partnering with 4 top caterers that do not have land. The caterers will
bring quality events to the site in coordination with the city’s Recreation Department. This will
help recoup some of the investments, and the city will share in the net profits from each event.
They will also be able to have education on the land, including food education and stewardship.
Mr. Rabidoux then spoke regarding the potential for a dog park on the Wheeler parcel. He
identified a location and noted they are working with 3 groups of regulators to identify what is
allowed because of wetland issues. They have had a pretty good reception from the Army
Corps and the State, and the goal is to construct the dog park this season.
Ms. Leban asked how a non-profit organization get permits to build a structure on land it
doesn’t own. Ms. McQuillan said they worked with the city to bring Wheeler House up to a
usable place. While Common Roots was working on the inside, the city was improving the
outside. Public Works removed invasive species. They then began to discuss events on the
property that would connect with food education that would benefit both the city and Common
Roots. Mr. Conner added that the property owner must sign any application, and the city has
done this.
Mr. Barritt asked when the pizza oven will be built. Ms. McQuillan said this week or next. It
should be ready to cook in September/October.
Mr. Simoneau said the Parks & Recreation Committee is confident they will work out the dog
park issues.
CITY COUNCIL
18 AUGUST 2020
PAGE 11
9. Consolidated Trash Hauling report update:
Mr. Rabidoux stressed that this is a very large issue. He introduced the partners who have been
working with Public Works on this including Nancy Plunkett of CSWD and consultants Jennifer
Porter, Sam Lybrand and Kate Vasquez.
Ms. Porter, who is a solid waste management consultant, said they began the project in January
2019 to assess the feasibility consolidated residential trash, recycling and food scraps collection.
She noted that other communities in Vermont have this system as opposed to independent
companies. Ms. Porter then outlined the objectives as follows:
1. Recycling through direct and consistent education of residents
2. Using consolidated collection
3. Recycling using wheeled carts by all residents
4. Safety on local roads
5. Compliance with state and local mandates (e.g., reducing noise in
neighborhoods)
The concerns that emerged during their study include:
1. Loss of customers
2. Absence of customer choice
3. Government interference in private enterprise
Ms. Porter noted that 83% of the community uses a private hauler under contract.
Ms. Vasquez then reported the results of a telephone survey of 408 residents of Burling5ton
and South Burlington as follows:
1. There is a 95% confidence rating among subscribers
2. 75% of people subscribe to a collection service
3. There are relatively few “bulky” items being collected
4. There was generally a positive response to adding food waste to the
collection system
5. Most yard waste is managed on site
6. Collection costs are relatively high, likely the result of route inefficiency and
high disposal costs.
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18 AUGUST 2020
PAGE 12
Ms. Vasquez showed a chart of Burlington and South Burlington costs. She noted the wide
variation in price as haulers can charge what they can get. She also noted that a majority of
residents in both cities would support franchising, though a lot of people felt they didn’t have
enough information. People in South Burlington preferred to be billed by the hauler.
Mr. Lybrand said a unified system would be available for buildings of 1 to 4 units. Performance
standards would need to be met, and the city could require a bond to cover poor performance.
There would be opportunities for small haulers. Residents could opt out and self-haul to CSWD.
Ms. Vasquez added that there could be options for every-other-week collection, food waste and
opt outs.
Costs with various options could range from $23.51 to $33.37 a month. In South Burlington, the
lowest cost option could result in a savings of $1,400,000 a year for residents. The highest cost
option could result in a savings of $1,700,000 a year.
In addition to the financial savings there would be a reduction in greenhouse gas and a 2/3
decrease in the numbers of miles traveled today by haulers.
The recommendations from the study are:
a. Negotiate disposal agreements with Casella Waste
b. Institute direct billing by CSWD for recyclables
c. Request pricing for flexible service options as well as maximum opt outs at 15%
d. Consider having the city bill residents directly
e. 7-year term contracts with 3-year option (to allow haulers to spread out capital
costs)
f. Having the city issue separate RFPs
g. Expand the composting facility
h. Include options for smaller haulers to participate including back-door and on-call
bulk waste collection
Ms. Riehle asked if the plan requires both Burlington and South Burlington to participate. Ms.
Porter said it does not.
Mr. Chittenden noted he now pays $58/month which could be cut in half. He felt there would
be many benefits to getting in line with the rest of the nation.
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18 AUGUST 2020
PAGE 13
Ms. Riehle said this conversation will continue.
10. Council Review of South Burlington Noise Ordinances and zoning standards:
Ms. Riehle said things have gotten very noisy in South Burlington, and the Council needs to
understand what is in place and then discuss potential changes.
City Attorney Bolduc then reviewed the existing ordinance. He noted the city has authority to
determine what is a civil violation within its borders. There is civil ticketing authority, and the
city can pursue an injunction to stop a violation. He then explained the amendment process.
Mr. Conner noted that with regard to performance standards in the LDRs, the Planning
Department has pursued formal action, usually dealing with noise potential as a project is being
designed.
Ms. Riehle suggested the possibility of considering a way to provide language to lessen the
impact of dealing with ledge. She asked if there are decibel levels valid to determine what is a
nuisance.
Ms. Emery felt the current regulations don’t always serve residents well.
Mr. Barritt noted that the process used at the Hillside development didn’t arouse issues. What
is happening now is jack-hammering.
Ms. Riehle asked whether builders need a better handle on how much blasting is required.
Mr. Chittenden said he would like the city to have some control over constant noise, possibly
allowing something one day out of 5.
The City Attorney said the City Council can limit the 40-hours a week noise. He added that a lot
would come down to the LDRs.
Ms. Emery asked what can be done now for the residents. The City Attorney said there are not
enough tools in place for the city regarding a “nuisance” to address the current situation. Mr.
Conner said he was told the builder had a day to a day-and-a-half more drilling to go. He also
noted the developer chose this method because of Curt-ordered tree preservation that would
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18 AUGUST 2020
PAGE 14
have been an issue with blasting. Mr. Dorn said he was told the builder would use blasting for
individual sites where trees are not an issue.
Mr. Leas said he didn’t see any reason to allow the noise to continue. He wanted the police to
issue a citation. The City Attorney said he didn’t think the state would prosecute.
Ms. Emery said she would like to review and revise the noise ordinance and performance
standards. Ms. Riehle said it was important to see this doesn’t happen again.
Ms. Zigmund thanked the Council for taking on this issue. She said the developer knows this is
happening. She suggested there could be different types of permits in the future to allow for
things such as a parade but nothing on the scale that is now happening.
Mr. Conner noted the challenge: with fewer hours a day of noise, it could go on for more days.
Mr. Dorn said the city is often trying to solve a problem “in the rear-view mirror.” They need to
consider types of noise in the future to try to get in front of the problem.
11. Councilors’ Reports from Committee Assignments:
Mr. Barritt and Mr. Dorn attended a University Mall ad hoc committee meeting and will provide
a written update.
12. Other Business:
Mr. Barritt thanked the Public Works Department for the repair work on Spear Street. He also
cited improvement on Dorset because of re-timing the of the lights.
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 10: 35
p.m.
_________________________________
Clerk