HomeMy WebLinkAboutMinutes - City Council - 08/01/2022 CITY COUNCIL 1 AUGUST 2022
The South Burlington City Council held a regular meeting on Monday, 1 August 2022, at 6:30
p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, City
Attorney; Chief S. Locke, Fire Department; P. Conner, Director of Planning& Zoning; T. DiPietro,
Public Works Director; D. Peters, R. Greco, A. Chalnick, S. Dopp, S. Dooley, M. Mittag, B. Sirvis, J.
Hanson, C. Trombly, L. Smith, N. Hyman, L. Kupferman, Wayne, S. Reeves, P. Stabler
1. Instructions on exiting building in case of emergency and review of technology
option:
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:
No changes were made to the Agenda.
3. Comments and questions from the public not related to the agenda:
No issues were raised.
4. Announcements and City Manager's Report:
Members reported on meetings and events they had attended.
Ms. Baker: The City has received its first opiate settlement of$14,000 this week.
The Climate Action Plan is out for public comment. There will be a public input
session at City Hall on Wednesday.
From 15 August, there will be a private contractor working on the road near
Cider Mill and traffic will be down to one lane. Mr. Cota noted that was a condition of the Cider
Mill 2 approval. The connection between Hedgewood and Cider Mill 2 doesn't happen until the
50th building permit is pulled.
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The Library is actively hiring staff and will be closing at 5 p.m. this week until
staff is increased.
Dave Wheeler has been promoted to a Department of Water Services position.
There are still 3 significant vacancies in the stormwater area.
Second interviews are being conducted for the Zoning Administrator position
this week. Two candidates have dropped out because they could not find an affordable place
to live.
Two new Police Officers were sworn in today and will be heading to the Police
Academy on 20 August.
The Interim School Superintendent is excited to continue monthly meetings.
Committee orientation will be held on Thursday in the Auditorium.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from the 5/16/22, 6/6/22, 7/11/22 and 7/18/22 City Council
meetings
c. Approve the municipal policies, grant agreement resolution, and authorize the
City Manager to sign the grant agreement for the Vermont Community
Development Program grant for Summit Properties
d. Award of the FY23 Dorset Street Phase Ill Paving Contract to Pike Industries,
Inc.
Mr. Barritt noted that the cost of the Dorset Street project is higher than the estimate. Mr.
Bolduc said they are seeing this industry wide with costs of materials and labor. This cost is
33% higher than the forecast and is eating up almost all of the paving budget. This will be a
topic for discussion at the next discussion of use of budget surplus funds. With so much need in
the area, this is not something the city wants to put off.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
6. Receive a recommendation from the Climate Action Planning Task Forc3e to adopt
an ordinance regulating fuels for heating and hot water in new construction:
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Mr. Chalnick said the Task Force will have a full report in September, but this item was deemed
compelling enough to present at this time.
Mr. Chalnick then reviewed the consequences of not taking immediate action regarding climate
change. These include: flooding of coastal areas, drought affecting the "bread basket" of the
country, and disappearance of the coral reefs. He noted that the City Council has made a
strong commitment to take action including the formation of the Task Force. Mr. Chalnick said
that CCRPC has base-lined how much carbon we are emitting and what the goal should be. This
is very challenging and includes having to electrify homes and businesses and to make new
construction carbon free.
Mr. Chalnick said one thing the city has the power to do is to ensure that new structures are
effectively carbon free, and the Task Force is asking the Council to take this step.
Mr. Chalnick then introduced Jack Hanson, a Burlington City Councilor, to explain what the City
of Burlington has done.
Mr. Hanson said in new construction in Burlington, the primary heating system needs use
renewable energy. If a developer can prove this will be more expensive over the years, there is
an exemption. They have not yet seen any buildings go all through the process, and now one
has applied for the exemption. Ms. Emery asked about Vermont Gas providing renewable gas
out of state. Mr. Hanson said they are signing on to renewable natural gas for 20 years as a
means of meeting the ordinance. He said South Burlington should think about including that as
an option. Mr. Chalnick said he was OK with that system of getting methane from the landfill.
Ms. Riehle said she read that only 85% of the heating needs to meet the standard. She asked if
Burlington requires another form of heating going to a building make up the other 15%. Mr.
Hanson said the primary heating system needs to be renewable. Cooking and hot water could
use a fossil fuel system. Buildings can still be 100% renewable.
Ms. Dooley noted that the City of Burlington has a city-owned utility to facilitate this. Mr.
Hanson acknowledged that has helped. He also noted that Burlington Electric helped to craft
the policy, and that South Burlington can have access to all the information they provided.
Mr. Chalnick said the Task Force recommends South Burlington adopt an ordinance that all new
buildings have a carbon-free primary heating system, effective for permits issued on or after 1
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January 2023 with the same exemptions as those in Burlington. This could also extend to hot
water with reasonable exemptions.
Mr. Chalnick noted that Burlington also adopted a Charter change relating to existing
construction.
Mr. Barritt said a building inspection system would be needed as well as a solar element. Mr.
Chalnick said if a building meets the stretch code now, it is well on its way. He didn't think solar
should be a condition to implement this ordinance.
Mr. Cota appreciated the need for consistency between the 2 communities. He hoped there is
discussion statewide to resolve some issues. Sen. Chittenden said he is comfortable going
down the same path with Burlington. He would like to hear from experts regarding water
heaters. He felt the January 1 timeline was optimistic.
Ms. Baker noted she had provided a memo to the Council. She said there is a perception that
the administration is trying to slow down the process, but South Burlington has a history of
enacting ordinances with no method of enforcement. This simply perpetuates problems. She
also noted that Burlington and South Burlington have different infrastructures, and that
Burlington has more staff to provide enforcement.
A member of the public said that other communities are overcoming bureaucratic hurdles. She
felt this is an emergency with people baking in heat and drowning in floods. She said this is no
time to put on the brakes.
Ms. Riehle said the city needs the capacity and Planning and Zoning staff to work with
developers. The Council is very interested in pursuing this and wants to have a process that is
followed. She stressed the need to be able to assure the public that the city is doing what it
says it is doing.
Mr. Cota said the city can't find people to fill positions because people can't find a place to live.
The city is understaffed to enforce existing codes.
Mr. Mittag said he hoped the Planning Commission will make solar a requirement. He said
there are heat pumps being developed that will work with hydronic systems. He agreed with
Ms. Baker that there are significant hurdles that get in the way of an ordinance like this.. He
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felt most developers would comply as they have the same concerns everyone else has, and
electric systems are not much more expensive to construct. Mr. Mittag said 36%of the state is
in moderate drought conditions, affecting 152,000 people.
Mr. Oscatelli said he would like to ban new natural gas hookups, and there is a need to figure
out how to get it out of older buildings. He also said this has to be figured out locally because
the feds won't bail us out.
Mr. Smith said he lives in a no fossil fuel house and loves it. He felt it is easily attainable and
that self-certification works.
Mr. Gonda said this is the most important thing he has ever confronted, and we all have to do
something. He also said there will have to be help for people in older buildings.
Ms. Greco said the city doesn't enforce most of its ordinances, but it still has the ordinances.
She felt this is not the ordinance to stop because of enforcement issues. She hoped the Council
would take action.
Ms. Emery said she would like to know what is needed to do the kind of inspections needed.
Ms. Riehle said the Council could direct Ms. Baker to develop the Ordinance and provide
budgetary issues regarding enforcement. She thought that might answer some questions.
Members agreed with that as a starting point. Secondarily, they wanted to understand the cost
and structure for enforcing this and other ordinances.
7. Receive a presentation from the Chittenden Solid Waste District on the Materials
Recovery Facility (MRF) bond vote that will be on the November ballot:
Ms. Reeves said CSWD is seeking to build a new MRF to replace the 30-year old, inefficient
facility. She reviewed the history of CSWD and its facilities and services. The MRF is a building
that sorts and processes recyclables for end markets. Types of materials have changed over the
years, but the facility has been unable to grow in any directions, so they are still hand sorting
(Ms. Reeves showed photos). There is also limited storage, so that some things have to be
stored outside. In the new facility, everything will be stored inside.
Ms. Reeves said the proposed building will be built on land owned by CSWD in Williston. She
showed a conceptual design. It would almost double the existing capacity and would be
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equipped with modern technology to separate recyclables. It will also have the ability to
expand in the future, if needed. It will be able to recycle more types of packaging more
efficiently, up to 70,000 tons a year, and will provide better, more skilled jobs and better
working conditions.
Ms. Reeves stressed that this will be at no cost to taxpayers. She reviewed the funding sources
from tipping fees, bonding, zero-interest municipal loans, a grant and cash on hand.
They are asking for a "yes" vote. Their ballot will not be mailed with the general ballot, and
they will be working with local clerks to make sure the public is aware of this. Sen. Chittenden
suggested CSWD go back to the Secretary of State regarding inclusion with the general ballot,
and "don't take no for an answer."
Mr. Stabler cited the research that went into the process. He was very confident that what is
proposed is the right design.
Ms. Riehle asked if the current staffing will be adequate. Ms. Reeves said it will. Nobody will be
laid off, but there will be higher level jobs available.
Mr. Barritt asked what will happen to the old facility. Ms. Reeves said that is for their Board to
decide. They could retain it as an asset or sell it or lease it. Mr. Stabler said some of the
equipment will go into the new facility. Mr. Barritt asked if there will be capacity to get rid of
the bottle bill. Ms. Reeves said there will be.
8. Approve the allocation of FY22 surplus funds to support increased paramedic
training and service:
Chief Locke cited the importance of staff training in order to provide the highest level of pre-
hospital care. He also noted that there has been no investment in the staff since 2010.
Paramedic trainees go to classes on their days off with no compensation because they believe
in the process. The cost for training is $25,000 per student plus some overtime. The State is
providing a grant of$21,000 per student for trainees who do not have a bachelors degree. Two
of the three proposed trainees meet this qualification.
Ms. Baker noted the City does put $10,000 a year to paramedic training and have 3 years worth
of that input that has not been spent.
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Chief Lock noted there are 29 positions in the department, 24 of which are filled. The average
overtime per day is 60 hours. They were prepared for this to be a tough 4 months; it is now a
"grind." They receive 15 calls a day, which is a very heavy workload. They also have to receive
mutual aid 3 times a day for what they cannot cover.
Ms. Riehle asked what is the right number of paramedics. Chief Locke said 10, about 1/3 of the
staff, so there is always paramedic coverage. He also noted that it will be 24 months before the
three current paramedic trainees are certified. Ms. Riehle asked if$10,000 a year is sufficient.
Chief Locke recommended sending one person a year for paramedic training to deal with
attrition.
Sen. Chittenden moved to provide $12,062 from FY22 surplus funds to support paramedic
training as requested. Ms. Emery seconded. The motion passed unanimously.
Sen. Chittenden said that when the Fire Department is back to full staff, the city should finally
have the Firefighters Appreciation event that had been planned for 2020.
9. Receive a recommendation from the Natural Resources and Conservation
Committee on an Ash Tree Treatment program and possible action:
Mr. Kupferman said their memo is advisory and they would be happy to work with the city's
Arborist. He stressed that diversification of trees in a neighborhood is important, and some
neighborhoods have only ash trees. These will be replaced with a variety of trees when the ash
trees are taken down.
Mr. DiPietro said there are 594 ash trees in the city. This year the city will replant 25 trees. Ms.
Baker noted that past guidance is to continue the plan. Mr. DiPietro said they would focus on
larger trees for treatment. Sen. Chittenden asked why treatment was not recommended. Mr.
DiPietro said it was an industry standard and a concern with liability if an infected tree fell.
Mr. Barritt said he agrees with the "hybrid" approach, and replacement seems to be working
well on Midland.
Ms. Emery suggested Mr. Kupferman take Mr. DiPietro's memo back to the NRC and see if they
can come back with an action plan.
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Ms. Greco noted an article in the Free Press regarding the emerald ash bore. She encouraged
members to see what Burlington is doing. They are not taking the ash trees down but are
planting trees next to the ash trees. She encouraged planting first when there is room between
ash trees.
10. Discuss and possibly warn a General Election ballot item to establish a Chittenden
County Communications Union District:
Mr. Bolduc reviewed the history. He noted that Jericho has been added to the communities
that have approved this. Essex and Williston will vote tomorrow.
Sen. Chittenden noted this will not cost taxpayers any money.
Sen. Chittenden then moved that the Council recommend that ballot language be put on the
ballot of a Special City Meeting, that a Special City Meeting be warned for November 2, 2022,
and approve the Special City Meeting Warning and Notice. Mr. Barritt seconded. Motion
passed unanimously.
11. Discussion and possible approval of the FY23 Policy, Priorities and Strategies:
Ms. Baker said that 4 priorities resulted from a review of data provided by Council members
and members of the leadership team:
1. Launch Chittenden County Public Safety Authority with partners
2. Complete the FY23 CIP projects prioritized for the Pennies for Paths Fund
3. Mitigate dog waste through installation of more mutt mitt stations
4. Update permitting systems and processes
Suggested "bike rack" items include:
1. Plan for Recreation Center future
2. Consider changes to the emerald ash bore plan
3. Report on data on city's carbon emissions
4. Rental registry and housing short-term rentals
5. Requiring all new buildings to have renewable primary heating systems
Ms. Dooley said she did not support the recreation center as there were higher priorities. Sen.
Chittenden suggested postponing that issue until the schools get their facilities
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Ms. Emery said she wasn't sure the high school needs to be torn down. She suggested a multi-
year impact fee plan. She felt the indoor recreation center is needed as she is hearing this from
parents.
Ms. Dooley noted some things that were on the Affordable Housing Committee list that are not
included such as a housing needs assessment ($15,000-20,000). She also suggested a
collaboration with the School District to do an equity audit.
Ms. Emery asked about a "nuisance ordinance" regarding noise. Mr. Barritt noted there are no
noise standards. Mr. Bolduc reminded the Council that he and Mr. Conner presented some
short, medium and long-term solutions. The Council moved forward on the short-term ones
but has done nothing since.
Ms. Baker will bring the Priorities back to the Council with tonight's additions.
12. Councilors' Reports from Committee Assignments:
Ms. Riehle: Airport Commission: enplanement numbers in June were historic. Beta
Technology has a huge ground lease at 46 cents per square foot. All the houses being worked
on for sound mitigation have no abrogation easements. Nine homes in South Burlington are
being done now. Each one costs about $100,000. A consultant has been hired to recommend a
site for a maintenance building. The hotel project will begin this fall. Gregg Hill has retired
after 44 years of airfield maintenance. The new Burlington Commission members is a former
Jet Blue pilot who teaches at the flight school.
Mr. Cota: GMT is looking for an interim Director. Foster Davis is the new President.
13. Other Business:
No issues were raised.
14. Consider entering executive session for the purposes of the discussion of land
acquisition:
Mr. Barritt moved that the Council enter into executive session for the purpose of discussing
the negotiation or securing of real estate for purchase or lease by the City of South Burlington
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and inviting into the session Ms. Baker, Mr. Bolduc, Mr. Conner and Mr. McNeil. Ms. Emery
seconded. Motion passed unanimously.
Following the Executive Session, 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 p.m.
Clerk