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HomeMy WebLinkAboutMinutes - City Council - 08/18/2020CITY 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 CITY COUNCIL 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) CITY COUNCIL 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. CITY COUNCIL 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. CITY COUNCIL 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.” CITY COUNCIL 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. CITY COUNCIL 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. CITY COUNCIL 18 AUGUST 2020 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. CITY COUNCIL 18 AUGUST 2020 PAGE 10 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. CITY COUNCIL 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. CITY COUNCIL 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 CITY COUNCIL 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.