HomeMy WebLinkAboutMinutes - City Council - 05/03/2021CITY COUNCIL 3 MAY 2021
The South Burlington City Council held a regular meeting on Monday, 3 May 2021, at 6:30
p.m., via Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Lafferty, City
Attorney; I. Blanchard, Project Manager; J. Rabidoux, Director of Public Works; C. Holm, R.
Gonda, M. Schaal, A. Crocker, P. Leonard, M. Murray, R. Greco, B. Sirvis, S. Dopp, J. Velevance,
Wayne, K. Morrison, J. Kochman, F. MacDonald, K. Ryder, A. Anderson, K. Epstein, J. Louisos, C.
Trombly, J. Shields, L. Yankowski, T. Woodard, B. Britt, D. Azaria, L. Kupferman, M. Sarfoadu,
emille, M. Reale, M. Cross H. Gagne, L. Black-Plumeau, M. Larkspur, D. Leban, E. Goldman, B.
Gagnon, S. Wyman, J. Nick, J. Bossange, J. Garup, M. Ostby, S. Dooley, B. Milizia, Penel, J.
Stinnett, S. Goddard, P. Taylor, D. Bugbee, A. & A. Chalnick
1. Additions, deletions or changes in the order of Agenda items:
Ms. Riehle asked to move item #13 to between #11 and #12 where it logically belongs.
2. Comments and Questions from the public not related to the Agenda:
Ms. Bellevance spoke regarding the climate crisis and the need to create empathy for other
living things. She said the biggest obstacle is hopelessness and the feeling that it is too late.
She hoped the Council will have the courage to lead and to review all city issues as they relate
to climate change.
3. Announcements and City Manager’s Report:
Sen. Chittenden thanked the 30 volunteers who participated in the clean-up at the Shelburne
Road Cemetery.
Ms. Emery cited the success of Green-Up Day.
Ms. Riehle participated as a “weed warrior” for removal of invasives and participated in Green-
Up day. She also attended a meeting with Mr. Dorn, Ms. Emery, Lisa Bettinger and Sue Connelly
regarding parallel justice. The possibility of a rental registry was part of that meeting, and she
hoped the Council will take up that discussion.
Mr. Dorn: City Hall, the City Clerk’s Office and the Library are now open, and it great to see
everyone back.
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ARPA funds should arrive about 10 May along with rules for how those funds can
be used.
The Council will tour 180 Market Street this week. There will also be a special
meeting on Thursday evening, mostly in executive session.
Appraisal numbers will be published at the end of May. The City of Burlington
has had some issues that they want to address differently.
Lou Bresee has come up with a novel idea for Airport Parkway to reduce
electrical costs. More will be heard about that.
The MOU with the Cities of Burlington and Winooski was signed today.
There is a rapidly changing story regarding TIFs in the State Legislature. It
appears the city may not be able to change the boundaries of the TIF district.
The appointment for CCRPC representative is up. Chris Shaw, who has been
serving in that capacity, is interested in continuing. The Council should address this at its next
meeting. Mr. Shaw has been elected Vice Chair.
The City is doing a public service campaign reminding people to keep their dogs
on leashes and to clean up after their pets. The situation has gotten out of control. The City is
working to expedite the dog park but has encountered some wetland issues that are being
addressed by the Army Corps of Engineers.
4. Consent Agenda:
a. Approve and Sign Disbursements
b. Award bids for annual paving contract and Kimball Avenue culvert project
c. Designate and convey a burial plot at the City Cemetery on Shelburne Road
Mr. Rabidoux noted that a conclusion was reached with the Town of Williston this morning
regarding the culvert project. This will be on the agenda for their Selectboard tomorrow
evening. The City is hoping for $360,000 in grants which would make this a ‘no-brainer” for
Williston. Mr. Cota noted that if the project had to be re-bid, it would come in at higher
numbers.
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Mr. Barritt moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion
passed unanimously.
5. Report and discussion on the Summit Employer’s Health Center/Captive Insurance
Model:
Ms. Holm reviewed the history and noted that the Center opened in July, which was good
timing in light of the COVID pandemic. The aim of the Center is to address health employee
health concerns and health costs. The Center is run by Marathon Health with insurance through
CBA Blue. There are 3 other businesses partnering with the city. One additional partner is
being sought.
The Center focuses on primary car, prevention, disease management, occupational health,
acute/urgent care, some lab work, and coaching for better health. Their records are accessible
by the Medical Center. There is easy access to the Center with same-day appointments
including COVID testing, at little to no cost to employees. The staff includes a Nurse
Practitioner, Medical Assistant, and Mental Health Counselor. Review from staff have been very
good.
Ms. Holms showed a calendar of topics to be focused on during the years and a graph of visits
from July of 2020 through March of 2021. The Center has seen at least 30 employees and or
their spouses and children a month since the Center opened. This was a huge plus during the
pandemic. The City gets a daily report to help manage people coming and going to and from
the work site. 70 people have been seen which is helping to provide information on the type of
care needed. 76% of those seen have chronic conditions and 75% of those people are receiving
health coaching.
Ms. Holm noted that since July 1, 2020, the total savings to the city has been $120,973.00 of
which $60,00 is in redirected care. The cost of this service is about $40,000 a month. This
coming July, there will be a “health care blue book” which will enable people to compare costs
so they can choose where to go for a procedure.
Mr. Barritt commented that it is sad that we haven’t figured out how to do this as a nation.
6. City Center Update and consider approval of the submittal of an application to the
Vermont Bond Bank for the summer round:
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Ms. Blanchard said the Bond Bank has a call out to municipalities to fund capital projects. Since
interest rates are very low and may start to climb, staff is recommending doing this now. An
amount does not have to be determined at this time. The proposed bond would cover Garden
Street and the remaining cost of 180 Market Street.
Ms. Emery moved to approve submittal of an application to the Vermont Bond Bank for the
summer bond pool. Sen. Chittenden seconded. Motion passed unanimously via a rollcall vote.
7. Public Hearing and possible Council action on extension of the Interim Zoning
Bylaws:
Mr. Barritt moved to open the public hearing. Sen. Chittenden seconded. Motion passed
unanimously.
Ms. Lafferty reviewed the history.
Sen. Chittenden said he understands that 13 November is a hard deadline. Ms. Lafferty noted
that if the new amendments to the Land Development Records are available before that date,
Interim Zoning can be repealed. When the LDRs are warned, they will be in effect for 150 days
or until approved. Ms. Louisos noted that the warning has to be by the City Council.
Ms. Dooley and Mr. Gonda supported the extension of the IZ by-laws. Mr. Gonda praised the
work of the Planning Commission but felt the results lack clarity.
Sen. Chittenden moved close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Sen. Chittenden moved to extend Interim Zoning to 13 November 2021. Mr. Cota seconded.
Motion passed unanimously.
8. Council discussion and possible action related to qualification to serve on a South
Burlington Board, Commission or Committee:
Ms. Emery said she was contacted by Sandra Dooley who has researched housing and equity
and how housing regulations have excluded certain people from a standard of living that others
enjoy. This leads to inequity in education, etc. Ms. Emery noted there has been a question of
whether minors and non-citizens can serve on city committees. She cited the importance of
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including youth who have a stake in the future of the community. She suggested possibly
limiting the number to 2 students and 2 non-citizens so they would not be considered “token”
members. They would be voting members but would not be able to attend executive sessions.
A teacher felt this was a wonderful opportunity for students and would address the community
service requirement.
Ms. Riehle noted the possibility of students leaving to go away to college and suggested a one-
year membership. Ms. Emery felt they should be full-fledged members with the same
commitment. Mr. Cota agreed.
Ms. Louisos noted there are specific references to committee membership on the DRB and
Planning Commission in the City Charter and also in the Land Development Regulations.
Sen. Chittenden said he would like the City Manager to weigh in on any concerns from staff’s
point of view and possibly tweak the language.
Ms. Greco noted that some years ago people were on committees “for life” and this
discouraged others from applying. She also felt that appointees should commit to “doing what
the city wanted.”
Ms. Riehle suggested the DRB and possibly the Planning Commission be eliminated due to their
specific regulations regarding membership.
Mr. Dorn suggested that if the application form was changed from “are you a voter” to “are you
a resident” it would cover what Ms. Emery is suggesting. Ms. Riehle felt the Resolution makes a
statement, but she acknowledged that advertising could cover that. Ms. Murray noted that
there are South Burlington students who are not residents of the city.
Mr. Barritt said he preferred a limit of 2, not 2 students and 2 non-citizens. Mr. Cota and Sen.
Chittenden agreed. Mr. Cota also did not want to increase the size of committees.
Members agreed to continue the discussion at the next meeting.
9. City Council follow-up on Joint Meeting with the Planning Commission:
Ms. Riehle said she spoke with the Commission Chair and they agreed the Council had said to
get Chapters 10 and 12 done/approved and then move on to PUDs. Ms. Louios said that if the
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Council has comments during the public comment period regarding mapping, etc, it would be in
the meeting packet.
Mr. Cota said he still was not sure he wanted to do the environmental and PUD standards
separately. He asked what would be most helpful to the Commission now.
Ms. Louisos noted that the Open Space Committee work was “parcel-based” while the
Commission’s work is “resource based.” If the Council wants to deal with the parcel-based
information, that would be their work, not the Commission’s. She wanted that to be clear. Sen.
Chittenden said that was a great point and important for the Council to consider when
budgeting.
10. Interview with applicants for and appointments to City Committees, Boards and
Commissions:
The Council interviewed the following candidates for appointment to Committees, Boards and
Commissions:
1. Jennifer Savas ……………………… Library Board of Trustees
2. Margaret Cross ……………………. Library Board of Trustees
3. Leslie Black-Plumeau …………… Affordable Housing Committee
4. Emily Krasnow ……………………. Affordable Housing Committee
5. Havalah Gagne …………………….. Bike-Ped Committee
6. Matty Larkspur …………………….. Bike-Ped Committee
7. Stephanie Wyman ………………… Development Review Board
8. Patricia Leonard ……………………. Development Review Board
9. John Bossange ………………………. Natural Resources Committee
10. Lisa Yankowski ………………………. Natural Resources Committee
11. Bernie Gagnon ………………………. Planning Commission
12. Andrew Chalnick ……………………. Energy Committee
13. Mary Jo Reale ………………………… Energy Committee
14. Steven Crowley ……………………… Energy Committee
11. Consider and possibly take action on a Resolution related to climate change:
Ms. Emery noted the effort to reduce emissions by 90% by 2050 and said that “business as
usual” won’t accomplish that. She felt there were some things in everyone’s reach. She cited
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the need to think morally about finding solutions for equity. She noted there are
recommendations in the Comprehensive Plan related to climate change and cited the need to
look at everything through the lens of climate change.
Ms. Greco asked what is the city’s plan for not having “business as usual.” She said the obvious
one is to stop destroying the environment. Ms. Leban said the city needs to place more
emphasis on climate change in all of its decisions.
Mr. Cota asked why Ms. Emery is not using the laws which are not goals but mandates. He said
the City is charged by the State to come up with a climate change action plan, and the City has
to comply in order not to be sued. He also cited action taken by the Council tonight that would
have been in violation of the proposed Resolution. He noted that with the proposed
Resolution, the city can’t have affordable housing.
Ms. Emery said they would have to balance housing with transportation and not have housing
that is only accessible by car.
Mr. Barritt felt 10:30 p.m. was not the time to start this discussion, and he asked that it be
tabled. Sen. Chittenden echoed this. He also said he had an issue with the word “morality.” He
didn’t feel they can be legislating “morality.” He felt it made more sense to integrate Ms.
Emery’s concerns with the law.
Ms. Riehle agreed it was very late and also a very dense subject which the Council needs time to
consider. She suggested the possibility of a “sustainability committee.”
Ms. Murray felt that having a Resolution to use climate change as a filter was good in the short
term. She added that everything will be affected by this crisis. Ms. Greco agreed and felt it
should be considered at the next meeting, early on the agenda, and with committee members
being invited to attend.
Ms. Emery asked Council members to submit any proposed changes to her during the week.
12. Council discussion regarding the so-called Swift Street Extension:
Ms. Riehle noted that the Planning Commission felt this was an important conversation to have
and noted that it will require a change to the Official City Map.
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Ms. Louisos said this was discussed at the 13 April Planning Commission meeting. The Official
City Map shows a road connection to Hinesburg Road which goes through some
environmentally sensitive areas. The Commission decided to proceed with steps to remove the
Swift St. Extension from the Official City Map but continue to show it as a path connection. The
next step will be a draft change to the map and warning for a public hearing. The City Council
would have to hold a public hearing as well.
Mr. Cota asked whether that would occur before or concurrent with updates to the
Comprehensive Plan. Ms. Louisos said the map in the Comprehensive Plan would have to be
changed as well. Mr. Cota noted there are 2 other east-west corridors that haven’t been built:
Cider Mill Road and Old Cross Road. He asked if there are changes proposed for that
connectors. Ms. Louisos said not before there is an analysis done.
Mr. Cota said the Council should get input from the Director of Public Works. Ms. Riehle added
the Fire Chief as well.
Ms. Borsellino, Ms. Crocker and Penel thanked the Council for considering this change.
Sen. Chittenden said he was not opposed to the change. His only concern was that any
developer on the other side would be responsible for building the bike/ped connection, not the
City. Ms. Louisos said the Commission can make sure that is the case.
13. Possible reconsideration of vote taken by the Council taken on 19 April 2021
related to making a recommendation to the Chittenden County Regional Planning
Commission on their I-89 Corridor Study:
Mr. Barritt said he understands the importance of both 12B and 13, and he was not backing
down on his vote.
Mr. Barritt then moved that the Chittenden County Regional Planning Commission be redirected
to study interchanges 13 and 12B.
Sen. Chittenden said this is an advisory vote to keep options open. He felt it is important to
keep 12B in the plan.
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Ms. Riehle said she felt the public didn’t get all the information from committees and had asked
the chairs to share the conversations and conclusions that had occurred.
Ms. Louisos said the Planning Commission unanimously supported the 13 single point diamond
and continued study of a pedestrian crossing at Exit 14.
Mr. Goddard of the Bike/Ped Committee said they also supported Exit 13. They had concerns
with 12B as it is a complex region of the city on the edge of rural and commercial areas. They
were also concerned with how much infrastructure the city would need to provide to handle
traffic from 12B and didn’t feel Rt. 116 was set up to handle that amount of traffic. Mr. Goddard
said if they learn new information about 12B, it would be something to consider in the future.
Mr. Goldman of the Energy Committee said they felt the weighting and scores gave a false
perspective and missed the point of comparing all the impacts. Their focus was more on
bike/pd and public transit. In the end, they chose 13, but it was not a strong recommendation.
Ms. Riehle read from the report of the Natural Resources Committee which supported 13 and
14 because of reduction of impervious and noise mitigation to existing neighborhoods and also
better access to the Airport.
Mr. Trombly of the Affordable Housing Committee said they wanted to bolster salaries for local
workers and need an environment to create those jobs. They also understand that all
development is not desirable.
Ms. Emery read from the mission of the Economic Development Committee. Economics is tied
to housing, quality of life, etc. and you can’t look at economics without the rest.
Ms. Riehle said that the values for 13 and its closeness to 12B had led her to believe 13 was a
better choice.
Public comment included the following comments:
Ms. Greco: 12B is a disaster to the environment at a huge economic cost and it caters to cars.
Mr. Gonda: There are different ways of planning without encouraging more cars.
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Ms. Gagne: 12B does add some bike/ped infrastructure but not enough. 13 is better. 12B could
be for “someday” but do 13 first.
Ms. Sirvis: UVM announced today it is selling some property which could increase the demand
in that area, so she supports 13. 12B destroys some open land.
Mr. Dorn said he felt the Council should have a discussion with the School Board regarding 13 as
the design would dump traffic in front of the Middle School and High School. He added that as
City Manager, he is concerned with traffic stacking up in front of the Fire Station and delaying
getting those vehicles out to respond to a call.
Ms. Emery moved to table the discussion until the Council can meet with the School Board. Ms.
Riehle seconded.
Mr. Cota asked whether tabling would affect the time-line given by CCRPC. Mr. Dorn said CCRPC
wants a decision the City will stand behind, as this had been a problem in the past. Ms. Emery
said she felt they should hear from all stakeholders and that CCRPC would feel better if
they got a firm decision on 17 May. Ms. Emery also noted she has a petition signed by 363
people opposing 12B. She noted there is on the Official City Map a service road north of
Williston Road. She asked Mr. Baker if that had been taken into account, and he said it had not.
Mr. Mittag said he felt the scoring was defective as it didn’t take into account the cost of land
acquisition.
In the vote that followed, the motion passed 3-2 with Sen. Chittenden and Mr. Cota opposing.
Ms. Leban commented that she hoped the city would take up the issue of non-resident housing
in the City and its effect on affordability. She said many condos in her neighborhood are not
lived in much of the year.
14. Consider and possibly appoint Auditor for FY21:
Mr. Hubbard said the 2020 audit has just been completed and the city is awaiting the pre-audit
for 2021. There are still opening in the Finance Department and Management Team. His
recommendation is to extend the Smith contract for one year for the 2021 audit and then go
out to bid for FY 22 in the fall.
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Ms. Emery moved to extend the Smith contract for auditing services for one year for the 2021
audit and go to bid for the FY22 audit in the fall. Sen. Chittenden seconded. Motion passed
unanimously.
15. Councilors’ Reports from Committee Assignments:
Ms. Riehle: The Airport Commission: Canadian traffic is 17-20% of Airport traffic. They feel
they are a year away from a “new norm,” but July and August are looking good. The noise
monitoring grant offer was received. The Airport has hired a contractor. Three sites have been
identified for monitors, and these have been approved by the FAA. They will monitor all flights.
Ms. Emery noted that the Wing Commander informed her that the Guard has decided not to
establish a “Restoration Advisory Board.” She felt this was a subject for Executive Session to get
legal advice. Mr. Dorn said for that purpose, an Executive Session was appropriate.
16. Convene as Liquor Control Commission to consider the following:
a. Duke’s Public House, Outside Consumption Permit
Ms. Emery moved the Council reconvene as Liquor Control Commission. Mr. Barritt seconded.
Motion passed unanimously.
Ms. Emery moved to approve the Outside Consumption Permit for Duke’s Public House as
presented. Mr. Barritt seconded. Motion passed unanimously.
Sen. Chittenden moved to reconvene as City Council. Ms. Emery seconded. Motion passed
unanimously.
17. Other Business:
No other business was presented.
As there was no further business, Mr. Barritt moved to adjourn. Sen. Chittenden seconded.
Motion passed unanimously. The meeting adjourned at 11:31 p.m.