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HomeMy WebLinkAboutMinutes - City Council - 01/04/2021CITY COUNCIL 4 JANUARY 2021 The South Burlington City Council held a regular meeting on Monday, 4 January 2021, at 6:00 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; D. Kinville, City Clerk; I Blanchard, Project Manager; M. Machar, Finance Director; Chief S. Burke, Police Department; Chief T. Francis, Fire Department; J. Rabidoux, Public Works Director; P. Conner, Director of Planning & Zoning; H. Rees, Recreation Director; J. Murray, Librarian; A. Parker, J. Duncan, P. Leduc, J. Pasackow, B. Britt, T. Pollard, B. Sirvis, S. Dooley, J. Nadeau, D. Lutz, P. Taylor, S. Goddard, D. Bugbee, C. McNeil 1. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 2. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss financial matters where premature general public knowledge would clearly place the City at a substantial disadvantage and to receive advice from legal Counsel including matters related to personnel and to invite into the session Messrs. Dorn, Hubbard and McNeil, Leduc, and Pasackow and Ms. Murray. Mr. Chittenden seconded. The motion passed unanimously. The Council entered executive session at 6:06 p.m. and resumed open session at 6:48 p.m. 3. Comments and Questions from the public not related to the Agenda: Residents of the Queen City Park neighborhood encouraged the City to apply for party status for the upcoming Act 250 hearing regarding the proposed Burton project and to send a written message to the Act 250 Board regarding the potential harmful impacts of the project on the neighborhood, particularly Red Rocks Park. 4. Announcements and City Manager’s Report: Mr. Chittenden praised the efforts of the South Burlington Police Department regarding its investigation of the recent hit-and-run accident in the city. CITY COUNCIL 4 JANUARY 2021 PAGE 2 Mr. Dorn: There will be a staff planning session next Wednesday to look back on the past year and ahead to 2021. The public can anticipate that City Hall will remain closed at least for another month. 5. Consent Agenda: a. Consider and Sign Disbursements b. Approve three party agreement between the City of South Burlington, the Dorset Park Skating Association and the C. Anthony Cairns Trust Ms. Emery asked about the difference between the 2 contracts. In the new agreement, the City would be paying the Family Trust, not the bank. Mr. Kaufman explained that the bank terms and the required paperwork would have resulted in higher costs, so Mr. Cairns agreed to take over the financing as long as necessary so the project can get done. Mr. Barritt questioned a refund of taxes to the Airport. Mr. Hubbard explained this was a case where taxes had been paid twice on a commercial property. Ms. Dooley asked whether Mr. Cairns is allowed by the by-laws to still be on the Skating Association Board because of a potential conflict of interest. Mr. Dorn said the actions were consistent with the 1991 agreement, and the lease is the security behind the action. The City Attorney had no issue with it. Mr. Chittenden said the facility is a tremendous asset to the community, and he would support the agreement. Mr. Kaufman moved to approve the consent agenda as presented. Mr. Chittenden seconded. Motion passed unanimously via a roll call vote. 6. Consider and possibly approve an amendment for FY22 for the Capital Improvement Plan Public Hearing: Mr. Chittenden moved to open the pubic hearing. Mr. Barritt seconded. Motion passed unanimously. Ms. Machar explained the nature of the Capital Improvement Plan (CIP) and noted that the first year of the plan is incorporated in the budget for FY 22. She also noted there have been some edits since the December presentation. These include: CITY COUNCIL 4 JANUARY 2021 PAGE 3 a. A reduction in vehicles for Public Works b. Reduction of one Police cruiser c. Reduction in paving The total reduction amount is $141,000.00, and the total amount from the CIP proposed for the FY22 budget is $2,500,000.00 which is significantly less than approved for FY 21. Mr. Hubbard then explained that the Council needs to pass an amendment for the CIP which can be done when the rest of the FY22 budget is discussed later on the Agenda. He also noted that there were some other cuts to the CIP including some tree removal and some Police IT funding. These reductions were added to future years in the CIP. Public comment was then solicited: Ms. Dooley asked about the $75,000 for an indoor recreation facility which the voters turned down. Mr. Hubbard explained that the CIP is a plan, and items in that plan may be “place holders” for future consideration. He stressed that nothing moves forward without the City Council ratifying it for that fiscal year’s budget. Ms. Blanchard then explained that the $75,000 represents the final payment for the initial feasibility study which was undertaken to be sure there was a good estimate to take to the voters. Mr. Hubbard added that this is not taxpayer money. There was no further public comment. Mr. Chittenden moved to close the public hearing. Mr. Barritt seconded. Motion passed unanimously. Members agreed to delay approval of the CIP until the further budget discussion. 7. Council review, discussion and possible approval of FY22 proposed Enterprise Funds Budget: Mr. Rabidoux introduced Joe Duncan of Champlain Water District (CWD) who then reviewed the CWD budget process. He advised that this year’s whole sale rate of 2.31 will be increased to 2.392 in FY22 (an 8 cent per gallon increase). This will cost the average user about $5.00 more per year. CITY COUNCIL 4 JANUARY 2021 PAGE 4 Mr. Barritt asked if there are any big capital jobs coming up. Mr. Duncan said there are jobs in Colchester (going on now) and one in Essex (will be built this summer). Because they received some loan forgiveness funding, there are some other projects that will be moved along including a tank repair. There will be a bond issue on the March ballot but that will have a net zero impact on the user rate. Mr. Rabidoux then provided an overview of the 3 utility funds (water, sewer, stormwater) and provided a chart of rates including proposed FY22 rates. The total increase for all three utilities for the average user will be about $14.50 for the year. Mr. Rabidoux explained that the increases in the sewer costs relate to chemicals needed for effluent phosphorus discharge. Mr. Rabidoux also noted that the Airport Parkway facility loan decreases by $367,000 in annual payment for the 2012 upgrade based on a retroactive grant to reduce the cost of the upgrade. That will be the amount to be paid throughout the remainder of the loan. The Stormwater increases reflect the unplanned expense of the Kimball Avenue bridge, of which the Town of Williston pays half. Mr. Rabidoux noted that some projects that were put off because of COVID this year will carry over to next year along with the funding for those projects. Ms. Sirvis felt that something should be done to encourage water conservation and make the water rate more equitable for those who use less. Mr. Dorn recognized Mr. Rabidoux for finding out how to advocate for the money to reduce the Airport Parkway loan. Ms. Emery asked about the increase in insurances in the Sewer Department. Mr. Hubbard said they did an in-depth analysis of all Enterprise Funds, and the new numbers are more reflective of actual costs. Salaries were also adjusted to remain competitive and to avoid losing good workers. 8. Council review, discussion and possible approval of FY2022 draft General Fund Budget: CITY COUNCIL 4 JANUARY 2021 PAGE 5 Mr. Hubbard said this has been one of the most challenging budgets to prepare, and he thanked all Department Managers for responding to the fiscal crisis. He also noted there will still be challenges in FY21. The proposed increase in the tax rate is 0.98. This assumes a 1% increase in the Grand List. It will result in a $13.01 increase for the year for the average condo and $18.76 for the year for the average single family home. A revenue decrease of $262,000 is anticipated, mainly from the local option taxes. Mr. Hubbard then outlined the cost drivers as follows: a. Agreements with bargaining units b. Health insurance c. Worker’s Compensation d. Property taxes e. Reduced interest rates on investments f. Local option tax income loss On the good side, the city has a new tenant at Gregory Drive and has retired the debt on the Public Works building. Mr. Hubbard noted some vacant positions will remain unfilled. These include: a. A patrol officer b. A firefighter c. A parks person d. Benefit administrator e. City Planner Several positions will also be merged with one person covering 2 positions. Department Managers then presented information regarding their budgets as follows: Community Library: Ms. Murray congratulated the City Council for this being the year of a new Library. CITY COUNCIL 4 JANUARY 2021 PAGE 6 Most of the added funding for the Library is for staffing. In order to be sensitive to the fiscal situation, the first half of the year will see the Library open only 40 hours a week (on 6 days). This results in the need for 1.5 additional people. In the second half of the year, they will be open more evenings and will then have a better idea of how much the Library is used in order to hire additional staff. This will include reservation of meeting rooms, book circulations, etc. There is a one-time budget item for two self-checkout machines (which reduces the number of needed staff). This money could come from a fund balance. Mr. Barritt asked about the impact of positions that will not be filled. Individual Department Heads were asked to respond to this in their presentations. Planning & Zoning: Mr. Conner said the absence of a City Planner means there are things that have to be continued, particularly in the area of long-range planning. This can be mitigated a bit with help from CCRPC. The ability to add new projects will also be affected (e.g., updating the official city map, new standards for energy, etc.). He stressed that there is a limited capacity for “implementation without rules.” Public Works: Mr. Rabidoux said beautification projects in the parks will be affected though regular maintenance will continue. They will also have to choose between replacing several pick-ups or one large truck. He stressed that relying on an aging fleet means more maintenance costs. Ms. Emery asked about costs for cleaning buildings. Mr. Hubbard said new custodians will be hired for the new building. A Facilities Manager will oversee all the city buildings and determine what to do (i.e. cleaning contracts to a city staff of cleaners). That Manager will also look at HVAC in all buildings. The maintenance contract line in the budget was replaced with costs for cleaning supplies, etc., in other line items. Ms. Emery asked about Financial Services. Mr. Hubbard said the Tax Assessor and Tax Collector positions will become one. There will still be someone to help Martha as there is now. There is some funding proposed for consulting when an appraisal is needed. CITY COUNCIL 4 JANUARY 2021 PAGE 7 Fire Department: Chief Francis noted that people move up one step in pay every year. The absence of one Firefighter will eventually catch up with them. They are down to 8 per shift with one person away on military duty as well. The Department relies on 700 mutual aid calls per year. There is also a chance that a responding team may not have a paramedic on board. The Chief said their biggest hit has been in training. Certification will run out in 2023, and this has to be budgeted for. Non-COVID calls are increasing. The Chief noted receiving 3 calls within an 18-minute period this morning and having to rely on mutual aid to address some of them. He also noted that an emergency occurring at the end of a shift means that members of the off-going shift respond to that call and receive time-and-a-half for the additional time. The Chief stressed that if the Department loses certifications, people may have to wait up to an hour and a half for other communities to respond. Police Department: Chief Burke said the vacancy they have now is in Youth Services, which does not result in operational concerns. They have the right allotment in various areas to close cases. He was confident they can get through 2022 with the 2 new patrol cars to serve the front line. Ms. Riehle repeated Mr. Chittenden’s praise for the locating of the hit-and-run driver. Ms. Emery asked how the debt service on the Police Station can be cut. She noted it went from $66,000 to $51,000. Mr. Hubbard explained it will continue to decrease over time until 2032. Chief Burke noted that in the FY23 CIP there is an addition for body-worn cameras. This will increase the annual cost for information storage estimated at $64,000 for year one and $24,000 a year for 4 years after that. If this becomes state law, the rates might improve. The Chief noted there will be policies related to body-worn cameras, and they are still waiting for the State to chime in on this. Recreation Department: Ms. Rees noted they do have the ability to hire a Senior Center Director, and they are prepping for that now. They anticipate a full-blown opening of the Senior Center. They are also researching a new, user-friendly registration platform. She did not see any issue in what the Department can provide for the community. CITY COUNCIL 4 JANUARY 2021 PAGE 8 Mr. Kaufman praised Department Heads and Senior Management for working so well together to make this budget work. He hoped they would all be in a better place 6 months from now. Mr. Kaufman then moved to approve for public vote the General Fund Budget, Capital Improvement Plan, and Enterprise Budgets as presented. Mr. Barritt seconded. The motion passed unanimously via a roll call vote. Mr. Hubbard stressed that the next time a major item such as a fire truck or ambulance is needed, it will have to be a separate ballot item because no money is being set aside for those expenses. Ms. Bugbee asked how the city will communicate the budget to the community. Mr. Dorn said there will be the traditional budget session the night before the vote and possibly a special mailing in conjunction with the School Board or separately. 9. Update on Voting Options for the 2021 South Burlington Annual Meeting and possible guidance/action from the City Council related to preferred options: Ms. Kinville said the School Board did not make a decision at its last meeting and postponed action till this Wednesday’s meeting. She had no idea what they are thinking, and Wednesday is absolutely the last day to get this information. Ms. Kinville said she also talked to the Postmaster. Because of the shortened turnaround time, it is anticipated that a lot of “mail-in” ballots will be dropped off at the polls. She asked the Postmaster if the City can just pay for what is mailed back. He is checking on this. The company that creates and stuffs the envelopes will need to have a list by 27 January. Ms. Kinville said she will start a media blitz when she has all the facts. 10. Council review and possible approval of Fire District #2 Land Transfer: Mr. Bolduc showed a map of the area under consideration. He noted that the Fire District had discovered land that they didn’t know they had. Mr. Bolduc indicated the land in question. He explained that this was the result of a “bad land transfer” which actually cut through someone’s property. The city has been working to take over those lands for a number of years and is now ready to move forward and accept the lands from the Fire district. CITY COUNCIL 4 JANUARY 2021 PAGE 9 Mr. Bolduc also explained that the private property owners have been contacted and will be provided quit claim deeds, if needed. Mr. Taylor said this has been a 5-year project. He thanked the city staff for helping the Fire District work through this issue. Mr. Barritt asked how many fire districts the city has. Mr. Taylor said there used to be 7, but there are now only 2, Queen City Park and Mayfair Park. Mr. Chittenden then moved to authorize the City Manager to complete the land transfer with Fire District #2 and Margaret Haas Slagle by: Conveying a portion of South Road and noticing the same in a paper of general circulation within the City; submitting lot line adjustment ap- plication; and following removal of all private encroachments, accepting conveyance of two parcels abutting the Potash Brook natural Area. Ms. Emery seconded. Motion passed unanimously via a roll call vote. 11. Council discussion and possible action on South Burlington/Winooski/Burlington Memorandum of Understanding related to the externalities created by operations at the Burlington International Airport located in South Burlington: Ms. Riehle noted that Winooski and Burlington will be voting on this tonight as well. The major intent of the Memorandum (MOU) has been to ensure that no more houses are torn down because of noise issues. All the parties desire a new noise compatibility process that indicates what each community is responsible for. Burlington will be adding a City Charter item to their ballot to provide a seat on the Airport Commission for the City of Winooski. Ms. Riehle also noted that thanks to Vermont Gas there is a funds match for noise mitigation. South Burlington is agreeing to explore potential land uses in the Airport area and also to look at roadway issues. The city would commit to the local share of future grants to be funded from local option taxes on fuel. Mr. Chittenden moved to approve the Memorandum of Understanding as presented. Mr. Barritt seconded. Ms. Emery expressed concern that the language still mostly says “explore” and “depending on.” The only definite thing is that the Airport now has access to the city’s jet fuel tax. She would CITY COUNCIL 4 JANUARY 2021 PAGE 10 like the Airport to commit to using Airport revenue for the local match. She said she would support the motion, but did not think the Airport has committed to a reasonable policy. In the roll call vote that followed, the motion passed unanimously. 12. Council Appointment of members to a City Manager Applicant Review Committee and direction to the Committee: Ms. Riehle presented the list of potential committee members as follows: Linda McGinnis Donna Kinville Bob Britt Peter Taylor Diane Bugbee Bernie Gagnon Katy Langrock Paul Conner Helen Riehle Ms. Riehle said that a matrix is being developed to evaluate characteristics related to job requirements. The committee will provide the City Council with 2 or 3 candidates to review and make a final decision. Mr. Dorn noted that 11 applications have been received. He has not seen them. Mr. Chittenden moved to approve the City Manager Applicant Review Committee members as presented. Ms. Emery seconded. Motion passed unanimously. 13. City Council discussion of options related to legalization of various cannabis retail options and possible referral of issue to the Economic Development Committee: Ms. Riehle said the city isn’t ready to put this on the March ballot. She suggested letting the Economic Development Committee look at it and provide the Council with a pros/cons evaluation. CITY COUNCIL 4 JANUARY 2021 PAGE 11 Mr. Barritt asked about the potential for local revenue. Mr. Dorn said that would be only from the local option tax. He didn’t know how much could be estimated. There will be a Cannabis Control Board. A lot of the regulations haven’t even been talked about yet, and a lot of unanswered questions remain. Members agreed there was no reason deal with this quickly. 14. November Financials: Mr. Hubbard said that 42% of the way through the fiscal year the city has received 38% of revenues (which is a concern) and is at 33% of expenditures. Building and sign permits are at only 11% when they should be at 40%. Fire inspections are at only 17%. Interest on investments has gone down 7%. The hope is that with the payments from the local option taxes, the numbers will increase in February. Mr. Barritt asked whether there were many people who didn’t pay the December property tax payments. Mr. Hubbard said that there was a very good return in December, nothing unusual. 15. Councilors’ Reports from Committee Assignments: There were no committee reports presented. 16. Other Business: Mr. Chittenden said the old Pizza Hut building is an eyesore and asked what can be done. Mr. Dorn said he would look into the city’s authority. Mr. Barritt said the house on Dorset Street is almost falling down. Mr. Dorn will check on who owns it and has been paying taxes on it. Ms. Riehle wished Mr. Chittenden good luck as he takes up his seat in the State Senate. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Kaufman seconded. Motion passed unanimously. The meeting was adjourned at 10:00 p.m.