Loading...
HomeMy WebLinkAboutMinutes - City Council - 12/20/2021CITY COUNCIL 20 DECEMBER 2021 The South Burlington City Council held a regular meeting on Monday 20 December 2021, at 6:30 p.m., in the Conference Room, City Hall, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; T. Barritt, Sen. T. Chittenden, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, A. Lafferty, City Attorneys; P. Conner, Director of Planning & Zoning; Chief S. Burke, Police Department; Chief T. Francis, Capt. M. Genzlinger, and other members of the South Burlington Fire Department; M. Lyons, Assessor; T. DiPietro, D. Wheeler, Stormwater Departmetn; J. Nick, R. Greco, M. Gable, J. Spencer, B. Sirvis, S. Dooley, R. Gosselin, L. Ravi, M. Mittag, B. & J. Britt, S. Dopp, C. Jensen, M. Ostby 1.Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2.Additions, deletions or changes in the order of Agenda items: Members agreed to moved item #9 to item #3. 3.Resolution recognizing the contributions of Fire Captain Micah Genzlinger upon his retirement: Ms. Riehle read the resolution and presented it to Capt. Genzlinger. Chief Francis introduced member of the Fire Department and spoke of Capt. Genzlinger’s service to the Department and to the community. 4.Comments and questions from the public not related to the agenda: Mr. Nick said he will be sending a letter outlining his concerns regarding the proposed new LDRs. He said that the current zoning ignores the Regional Plan, the City’s Comprehensive Plan, the City’s Land Use Map, and Vermont planning principles. Mr. Nick said he is being put in the position of having to file an Act 250 appeal because the zoning does not follow the Comprehensive Plan. He is also concerned that a land owner is not allowed to hire a consultant to do an on-the-ground assessment of “habitat blocks” which are based on a report of a consultant who admits to not having been on the ground. There is also a quirk in the zoning CITY COUNCIL 20 DECEMBER 2021 PAGE 2 which does not allow them to redevelop the Pizza Hut property when staff admits they want commercial there. Mr. Gable spoke to concerns he has heard from students on school buses regarding global warning and the threat to their future. Students are growing impatient and don’t feel they should have to solve what they did not create. Mr. Gable asked the Council to take this seriously. Mr. Cota left the meeting briefly to attend to a family matter. 5.Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Ms. Baker: She and Ms. Blanchard presented the city’s TIF change request last Friday, and it was unanimously approved. The Recreation & Parks Department received $30,000 for a “Winter Market” next holiday season. City Hall will be closed on 24 and 31 December. The Library will also be closed on 25 December and 1 January 2022. Petitions are available for anyone wishing to run for City Council or the School Board. They will be due on 24 January at 5:00 p.m. Ms. Riehle noted the 3 openings on the School Board and 2 on the Council. 6.Consent Agenda: a.Approve and Sign Disbursements b.Appoint Chief Francis as the Town Health Officer effective 1 January 2022 c.Approve and authorize the City Manager to execute quitclaim deed and “replacement” irrevocable offer of dedication related to Long Drive Subdivision easements Mr. Barritt moved to approve the Consent Agenda as presented. Sen. Chittenden seconded. Motion passed 3-0. CITY COUNCIL 20 DECEMBER 2021 PAGE 3 7. Receive Town Meeting TV’s Annual Presentation: As Ms. O’Rourke, who was to make the presentation, was not present, this item was tabled. 8. Approve appointments to the Recreation & Parks Committee: Mr. Barritt moved to appoint Ravi Venkataraman and Oliver Pierson to the Recreation & Parks Committee. Sen. Chittenden seconded. Motion passed 3-0. 9. FY23 Budget: Fire and EMS: Chief Francis said the Fire Department now has 32 cross-trained firefighters who serve at 2 stations on a 24hours on/48 hours off schedule. They average 9 members per shift. There will soon be 2 open positions. There have been 4200 calls this year, 35% of which involve hazard mitigation and 63 of which were fire incidents. The city has seen $1,100,000 in property loss, which is a very low figure. There have been 286 incidents involving danger to life/health. EMS has had 2575 calls of which 2106 were transported. 49% of these call required advanced care. Chief Francis noted that 18.5% of city residents are age 65+, and 52% of transports involved folks over 65 (many from falls). 59% of transported patients have some form of public insurance plan. The Fire Marshall’s office did 1,763 inspections, and 244 building permits were issued. Chief Francis then presented his proposed FY23 budget. He noted that revenues appear to be on track, and they are estimating $510,000 in permit/inspection fees and $750,000 in ambulance billing. The Chief noted that COVID has impacted training to get people re-certified. They will be using ARPA funds for a replacement ambulance and turnout gear which had been deferred because of COVID. Sen. Chittenden asked whether a second ambulance is needed. Chief Francis said they will be talking about that next year as they are quickly approaching that need. The Department has had 657 requests for mutual aid, mostly EMS. The Chief particularly noted the partnership with CITY COUNCIL 20 DECEMBER 2021 PAGE 4 National Guard people who are equally trained. He cited the issue of simultaneous calls and said they do not want to “overuse our neighbors.” The Chief then addressed emerging issues. They will begin working on an up-to-date records management system to replace the platform that is people phased out. They need to re- establish the Deputy Chief position and address other staffing concerns to address the increasing number of calls. They are now handling 56% more calls with the same staffing that they had in 2007. Chief Francis cited the challenge of recruiting new firefighters, especially with a broader spectrum of people. Other communities are having the same issues. Ms. Riehle asked about the possibility of addressing issues regionally. The Chief said that in the long term, that is probably a very big decision. The Chief then reviewed some “spotlights” of the past year including the filling of 3 or 4 positions, participation by firefighters in COVID vaccination clinics, and implementation of a comprehensive apparatus response plan to work with dispatchers and get better information. Mr. Barritt asked about electric inspections and whether there is more money in businesses than in homes. Chief Francis said they follow the State permitting and fee processes. They do not inspect single family home, only multi and rental properties. The Chief expressed concern that because single family homes are not inspected, they are often not up to standard. Firefighter Datillio then spoke the issue of Department morale, primarily the result of the need for staffing. He said the Department is in a crisis that has been looming for 5 years. They have lost 8 paramedics through attrition as well as administrative positions. Growth in the city in recent years is up 10.37% to 19,761 which is the second highest city population in Vermont. In 2010, the Department handing 2627 emergency calls; in 2021, they have handled 4,190 with the same number of personnel. The projection for 2022 is for up to 43000 incidents. Fire- fighter Datillio cited employee fatigue and burnout, often due to sleep deprivation, which is linked to a fatality rate among firefighters. He asked the City Council to re-evaluate the Fire Department budget in terms of staffing as they are losing people at a faster rate than they can replace them. Mr. Cota asked how recruiting is done. Chief Francis said one successful way is through those of the City’s Firefighters who are also Fire Academy instructors. He also speaks to students at CITY COUNCIL 20 DECEMBER 20221 PAGE 5 the High School. The Chief cited the many hours of training, often on the recruit’s own time and expense. He also noted the Department has very high standards. 10. FY23 Budget: Police, Dispatch, Community Justice: Chief Burke said the Police Department has 39 officers, but there are currently 4 vacancies. There is one officer deployed with the Army National Guard and one on long-term medical leave. This represents a 15% shortage of officers. Joseph Levarnway is the new Executive Director of the Community Justice Center which works with the victims of domestic violence. About 800 referrals have been made to the Community Justice Center. Funding for that group may need to be changed in the future according to the Department of Corrections. The Police Department has seen a slight reduction in responses which Chief Burke attributed to pro-activity. The Chief then reviewed data trends, noting that traffic stops have been reduced from 5000 to about 600 this year with no influence on the crash rate. The feeling is that time is better spent on more important cases. The leading crimes in the city are retail theft, larceny, domestic assault, and stolen vehicles. In cases that involve social services needs, the Police are often the first responders, and there has been a steady growth in these incidents. Budget items include an essential return to funding levels, body-worn camera technology, 3 new dispatch consoles (from ARPA funds), 2 new part time positions for park patrols, and 2 new hybrid patrol vehicles. The Chief noted that the park patrols are for summer employment, but they also provide a chance to get to know prospective employees. Chief Burke then explained the new technology for body-worn cameras with cloud-based technology. They can send links to prosecutors’ offices and can provide community expected transparencies. This technology will involve 12 cruiser cameras and 40 individual cameras. The Chief also explained that the existing dispatch consoles are at the end of their life. They integrate all software and hardware solutions needed by the dispatchers and would be applicable for regional dispatch. CITY COUNCIL 20 DECEMBER 2021 PAGE 6 Emerging issues include attrition. Only about 1/3 of the needed replacements can be hired. There are only 2 academies run each year. There is also a lack of interest in people becoming Police officers. It also takes 40 weeks to train an officer. Chief Burke cited the problem of qualified immunity, which is now not available to police. He felt this was almost punitive. Sen. Chittenden said he will look into that issue very carefully. Chief Burke also noted that they are down to one officer in the schools as one person had to be moved to a regular shift. Ms. Riehle asked if there is any change in the number of women interested in policing. Chief Burke said South Burlington has a far greater percentage of women than the national average, almost 20%, but there have been no recruits lately despite going to job fairs and universities and using social media. The Chief noted that the proposed budget sustains the deep commitment to community outreach which has really grown. There has also been a readvancement of training regarding the use of force standards and mandates. Mr. Cota asked the status of regional dispatch. Chief Burke said the effort was suspended for a year to work out issues. The State is now talking about providing a number of regional centers, and there may be some funding for that. But there is still a lot to be done, much of which was slowed down due to COVID. 11. Receive an Update on the City’s Stormwater Utility and recent changes to the State’s Permit Requirement: Mr. DiPietro explained that stormwater pollutes in 2 ways: it washes pollutants to waterways and creates erosion of stream banks. He also explained that the amount of phosphorus the Lake is receiving requires reduction. Both agriculture and stormwater are equally responsible this. Mr. DiPietro said that South Burlington has been a leader in stormwater management. He showed a timeline of actions taken by the city in a 3-year time period and explained that the city took these actions due to expired stormwater permits that could not be renewed because of 5 impaired watersheds. The stormwater fee pays for improvements and maintenance of city facilities (pipes, etc.), addresses issues regarding wet basements, and mediates disputes CITY COUNCIL 20 DECEMBER 2021 PAGE 7 between homeowners regarding runoff/drainage issues. The stormwater fee does not pay for stormwater management on private property or maintenance/repair of private property. Mr. DiPietro noted that 61 of stormwater permits in the city are expired. Expired permits have the earliest deadlines to meet the final plan which must be adhered to by 2028. If those standards are not met, there will be impact fees of $12,500 per impervious acre. Mr. DiPietro then showed a diagram of stormwater permits in the city and a map indicating the valid permits and expired permits. He explained that it is now possible for the city to take over a stormwater system. The process is similar to the State process, but there is an option to pay a mitigation fee as well as a cost-sharing option. The City has received over $12,000,000 in grants to pay for this, so the costs don’t fall on rate-payers. Mr. DiPietro explained the Ledge Knoll situation which is a 3-acre site that has new requirements. Ledge Knoll did not want to form an association, but everyone has signed on to a plan and received $675,000 grant funding. Work will have to be completed by 2028. Ms. Baker added that South Burlington residents are getting a higher level of municipal assistance than residents of other communities. Mr. DiPietro said Grandview Southridge has 2 expired permits, but their homeowners’ association has signed off on a project with a similar timeline. Mr. DiPietro also noted that because the impervious surface at the Blue Mall is privately owned, the city is not getting involved in their issues. UMall has a similar situation. Ms. Riehle said they would have to fix the situation before they sell the property. Sen. Chittenden said they could sell it, but it would then fall on the new owner to fix. 12. Continued discussion of the Land Development Regulations received from the Planning Commission and potential to set a second public hearing: Ms. Baker advised that a legal review of the LDRs has been completed. There were no policy changes, but there are wording changes that warrant a second public hearing by the Council. Mr. McNeil noted that the standards for an elective Conservation PUD were unclear. Mr. Conner added that what was provided to the Council was a slightly outdated version, and this has been updated. Some of the minor changes involve cross-references, map labeling, spelling errors, and better wording. There are very minor but cumulatively should be considered for a public hearing. The recommended date is 18 January 2022. CITY COUNCIL 20 DECEMBER 2021 PAGE 8 Mr. Barritt asked if there would be a warning issue if The Other Paper cannot go to print because of a paper shortage issue. Mr. Bolduc said that shouldn’t impact the legal requirement because the warning is printed on-line. Mr. Cota asked what would happen if the Council makes changes between 2 and 18 January. Mr. McNeil said that would depend on whether the changes are minor or major. If they are major, another public hearing might be needed, depending on when the changes are warned. Sen. Chittenden suggested not warning the hearing for the 18th. He saw no reason to rush through as they have until 9 April to make a final decision. Mr. Cota agreed. Mr. Conner said that during this period both the old and new regulations are in effect, and a zoning permit cannot be issued until all the regulations are met. Mr. Cota asked how an applicant could comply with both regulations if they are opposing. Mr. Conner said it would be difficult. He noted that the DRB looks only at the new regulations, but staff has to look at both. Ms. Lafferty added that if the DRB approves an application, it still can’t go forward until the City Council acts. If the application is denied, the applicant can ask for another review under whatever is approved. Sen. Chittenden said he has still not seen responses to his questions, so he is still a “no” vote. Ms. Lafferty said the questions are being looked at and will be answered. Mr. Cota then moved to hold a public hearing for Land Development Regulations changes on 7 February 2022 at 7:00 p.m. Sen. Chittenden seconded. In a rollcall vote, Mr. Barritt, Mr. Cota and Ms. Riehle voted in favor, and Sen. Chittenden voted against. The motion passed 3-1. 13. Councilors’ Reports from Committee Assignments: Mr. Cota reported that there will be a 2% ($10,000) increase from Green Mountain Transit to address the new union contract. He noted that GMT hasn’t been charging fares but has been relying on subsidies. If the subsidies run out, there will have to be a discussion regarding fares. Ms. Baker said the $10,000 will have to be added to the proposed budget. Sen. Chittenden suggested having the GMT Manager come to a Council meeting so the public can hear from GMT directly. Mr. Cota said that invitation will be made. Ms. Riehle suggested some time in February.