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HomeMy WebLinkAboutMinutes - City Council - 08/15/2022 CITY COUNCIL 15 AUGUST 2022 The South Burlington City Council held a regular meeting on Monday, 15 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;T. Francis, Fire Department; M. Machar, Finance Department; L. Bailey, K. Moore, B. Milizia, D. Peters, Dr. T. Childs, L. Chiasson, B. Sirvis, S. J. Palmer, C. Trombly, G. Nelson, B. Zigmund, E. Goldman, Bart, R. Gonda, J. Burton, D. Albrecht, S. Srinivasan, B. Britt, S. Dooley 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: Ms. Milizia said she was happy to see the Dog Park going in but expressed concern with the size (she showed a map with measurements). The original design was for 2.53 acres. When the DRB asked to address wetland issues, the size was reduced to 2.1 acres. Now it appears to be about 1 acre with the green area at the top of the park being left out though it was in the DRB approved site plan. Ms. Milizia felt that area needs to be added back in and that the park shouldn't be open until the size issue is addressed. A second issue is accessibility at the entrance. A person in a wheelchair cannot maneuver over the uneven path to have accessibility. There is also an issue of shading as the area now is totally in the sun. Ms. Sirvis also noted the approved plan was larger. She is hearing about "broken promises" from dog owners. She stressed that she was not blaming anyone and considers this "a perfect storm" resulting in these issues. Other members of the dog park committee expressed similar concerns. Ms. Maloney noted that the hope was to build a "dog community" and hold events in the dog park which does not now seem feasible. CITY COUNCIL 15 AUGUST 2022 PAGE 2 4. Announcements and City Manager's Report: Members reported on events and meetings they had attended and on the impressions of the State Primary process. Ms. Baker: The Dog Park will be on a future agenda. Thanked the Affordable Housing Committee for reviewing RFPs. Recommendations will be brought to the Council on 6 September. The city has gotten the VTrans permit to bid out the Dorset Street signal project. Updates will be provided. A record 33% of South Burlington registered voters voted in the State Primary. The Library had its most successful "Summer Reads" program. On 31 August, 3 options for the Bike/Ped Bridge will be presented at a 6:30 meeting at City Hall. On December 16-17, the new owners of UMall will be sponsoring an "Illuminate Vermont" event in the city. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 22 June 2022 Steering Committee meeting c. Receive an update on the Chittenden County Public Safety Authority appointed designee d. Receive the July 2022 Financial Statements e. Approve a grant application for Engineering Design of Logwood Stormwater Infiltration Project Mr. Barritt asked about a rented shovel. Mr. Bolduc said he would check with Mr. DiPietro. Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Cota seconded. Motion passed unanimously. CITY COUNCIL 15 AUGUST 2022 PAGE 3 6. Opportunity for Councilors and the public to share information and resources on Climate Change: Mr. Cota noted that the IRA bill recently passed by Congress will send money to states to address non-emission vehicles. He also noted that 2 weeks ago, Vermont ICAR approved a clean car/truck standard which states how many cars must meet the zero emission standards by 2026. All cars must meet this standard by 2035. There is also an updated commercial building energy code which will be become a regulation in October and be enacted in January. Mr. Barritt said he is pleased that IRA passed. He felt that the tax incentive will probably not have an effect because it requires batteries to be manufactured in the U. S. 7. Introduce Ordinance on regulating fuels for heating and hot water in new construction and consider setting a public hearing for 19 September 2022, and receive an update from staff on plans to resource local education and enforcement of municipal ordinances: Mr. Bossange spoke to the need not to delay action. He said similar ordinances are being enacted all over the country. Burlington has a similar ordinance and it has been effective. Mr. Bossange said the proposed ordinance reduces the carbon footprint at similar construction costs. He could not imagine a builder not supporting energy efficiency. Home sales are booming with younger people buying homes, and smart developers will want to stay ahead of the curve to attract young buyers. Mr. Albrecht questioned the process and said he thought the city was still collecting feedback on the Climate Task Force plan. Ms. Riehle acknowledged this is unusual, but the Task Force felt this should happen sooner rather than later, and the Council wanted to look at the Ordinance to see if they wanted to adopt it. Mr. Cota said he is going to recuse himself from this discussion. His employer is a business that provides and installs heat/hot water equipment of all kinds. He himself runs a school that trains electricians, plumbers, drivers, etc. He hoped the discussion would be robust and consider how people can get the necessities of heat and hot water. Ms. Baker said staff has spent time drafting and Ordinance and discussing how it can be enforced. The City currently does not have a building inspector, and that would be part of the CITY COUNCIL 15 AUGUST 2022 PAGE 4 Ordinance. Enforcement would be through the Fire Marshall's office which can implement the Ordinance with the current staffing. Education and building inspectors would become part of the FY24 budget. Mr. Barritt suggested adding "..for any reason" to Section 7. Mr. Bolduc said that made sense. Mr. Barritt also noted that today there are no Certificates of Occupancy for single family homes. He asked if they should change that. Mr. Bolduc noted that the City of Burlington does that, but it is the only municipality in the State that does. Mr. Barritt wanted to be sure new homes are built to specifications. He felt all of these homes should be inspected. Mr. Barritt asked about "domestic hot water systems" in Section 2B and asked if this would be a hot water system in a home. Mr. Bolduc said it would. Mr. Cota, speaking as a member of the public, said this is domestic hot water that is potable. Mr. Barritt asked about considering hydrogen as a renewable gas. Ms. Riehle said it could be added later when it becomes affordable. Mr. Barritt felt that "solar ready" isn't enough and that every new unit in the city should have some solar along with it. He said this should be codified to be sure it is done. Sen. Chittenden said he supports doing what Burlington has done. He was not sure he was ready to add water heating, but he could be convinced. He was concerned with a potential winter storm when power could be out for several days which could result in people being harmed. Mr. Barritt said electricity is needed for gas furnaces. Sen. Chittenden said his gas furnace continues to function when the power goes out. Ms. Emery said she spoke to 2 people at Vermont Gas who had no qualms and said they have the product and are on board with this. They helped Burlington to write its ordinance. Chief Locke said that when Burlington people were asked why they didn't include hot water heating they said they wanted to do what they would get the most gain from. They may go back for water at a later time. Sen. Chittenden said his concern is high density housing, and he wanted to hear from experts on that. Mr. Barritt said it could be a question as to whether each unit had its own water CITY COUNCIL 15 AUGUST 2022 PAGE 5 heater or whether there was a single unit in the basement. Sen. Chittenden said he hoped Vermont Gas would speak directly to the Council. Ms. Emery said she wanted to go forward with what the Council has now. Water heating could always be removed at the public hearing. She also wanted to look at Andrew Chalnick's concerns regarding language and the possibility of adding solar. Mr. Chlanick said there are several large multi-family projects that are all electric as there is technology for that. He added that Burlington didn't move forward on hot water because they weren't sure. That's why there is an exemption for hot water. He noted there are solar heated hot water systems with built-in backup systems. Mr. Goldman said there are technologies that have capacity for higher density buildings. He felt that exclusions regarding economic viability cover the possibility that it is not available for a particular case. Ms. Baker said this is something where there is no expertise on staff, and she was not sure staff was comfortable with it. She was willing to bring in experts. Mr. Snyder, who is involved in City Center development and Spear Meadows, supported Ms. Baker and said there needs to be a group of experts who understand things from all points of view. He recommended getting experts to answer questions. He noted that he had personally had tenant complaints regarding heat pump systems, and there are expenses connected to them. They don't last as long as other systems. He stressed that he builds energy efficient homes. He also noted that at temperatures of zero and below, heat pump efficiency goes way down, and there is need for a gas or propane system as well to maintain a comfortable level. Ms. Dimetros of the Champlain Housing Trust said these are very complex issues, especially with multi-family housing. She stressed that there will be cost issues. Sen. Chittenden suggested a dual policy, one for single family residences and one for multi- family buildings. Mr. Barritt noted that Vermont Gas prices are going up 27%. CITY COUNCIL 15 AUGUST 2022 PAGE 6 Mr. Cota, speaking as a citizen, said it is important to consider 3 points: technical feasibility, affordability (he felt that developers will "walk away" from building multi-family buildings because of cost), and environmental impact. He noted that Vermont is a winter peaking state, and electricity is not inherently renewable; it requires all kinds of power (e.g., coal, garbage, etc.) to provide electricity. Mr. Chalnick suggested removing "primary domestic water heating system" from the language but adding solar as a source of heating for water heating. He added that his research says that heat pumps work till 20 below zero. Mr. Barritt questioned whether the ordinance applies to a project that already has approvals. Staff has said it would apply to zoning permits received after 1/1/23. Members then reviewed the proposed amendments to the proposed ordinance: . In Sect. 2B, strike "primary" and strike the 85% clause . add solar hot water systems to the list . In Sect. 2C, change the language to "water heating system" Ms. Emery then moved to warn a public hearing for 19 September, 7:30 p.m., on the Ordinance as amended tonight. Mr. Barritt seconded. Mr. Barritt said he felt the public hearing should be when the Council gathers information from the public, developers, experts, etc. Sen. Chittenden agreed. He added he was likely to support hot water systems after he hears more. A list of people to invite was drawn up and includes: Efficiency Vermont, Vermont Gas, Green Mountain Habitat for Humanity, Green Mountain Power, Energy Coop of Vermont, and developers who build multi-family housing. In the vote that followed, the motion passed 3-0 with Sen. Chittenden abstaining. Mr. Cota rejoined the Council. 8. Consider and Approve an update to the Resolution Establishing a Capital Improvement Plan Reserve Fund: CITY COUNCIL 15 OCTOBER 2022 PAGE 7 Mr. Bolduc noted that if the City were to fully fund what is in the CIP for 2024, the cost would be $5,100,000, which would result in a 15%tax increase. Staff is suggesting having a staff person who addresses capital projects management as well as a CIP reserve fund, revamping the full spectrum of what uses it could be used for. Emergency uses would be eliminated. Any unspent fund would automatically be rolled forward. There would be an allowance for an unallocated reserve (where unused funds could be re-allocated to other project that have overages), and funds for a cancelled CIP project or expenditure could be reallocated. Only 20% of the funds could be unallocated. Anything above that would got to the city's general fund balance. Ms. Baker said this is one of the most exciting things the Council can do this year. It is a very powerful municipal finance tool. Ms. Emery moved to approve the update to the Resolution Establishing a Capital Improvement Reserve Fund. Mr. Cota seconded. Motion passed unanimously. 9. FY22 Year End Projections and Surplus Allocation Requests: Mr. Bolduc said the city will have a pretty hefty surplus mainly due to unfilled positions and high than anticipated receipts from local option taxes. Permit fees have also been higher than projected. Following the final local option tax payment, the city could see a surplus of $1,500,000. Staff is recommending a few expenditures to plan for including spring season paving, funding for the Dorset Street signal project, and CIP increases. He noted that the FY23 budget will be "in the hole." Staff proposes three recommendations for funding: a. Trinity Education Center request from Dr. Childs for$13,000 b. Fire/Ambulance critical needs of$60,000 c. Spring paving- $200,000 Sen. Chittenden asked if there could be additional grant money for the Dorset St. project. Mr. Bolduc said potentially there could, but it could delay the project to look for them. Ms. Baker noted this expenditure is the hardware that allows the adaptive phase. It is a major thing she hears from businesses and the public and is a critical piece of infrastructure. CITY COUNCIL 15 AUGUST 2022 PAGE 8 Mr. Barritt moved to approve funding for the Trinity Education Center, Fire and Ambulance needs, and spring paving as presented. Mr. Cota seconded. Motion passed unanimously. 10. Councilors' Reports from Committee Assignments: Mr. Chittenden: There will be a number of interviews next week for the Airport Director position. Mr. Cota: Green Mountain Transit will meet tomorrow. They are still looking for an Executive Director. 11. Other Business: No other business was presented. 12. Consider entering executive session for the purposes of pending litigation to which the City is a party: Mr. Barritt move that the Council make a specific finding that premature general knowledge of the discussion about the Burton Corporation/Higher Ground Environmental Court appeal to which the City is a party would clearly put the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that the Council enter into executive session for the purpose of discussing Burton Corporation/Higher Ground Environmental Court appeal to which the City is a party, inviting into the session Ms. Baker, Mr. Bolduc and Mr. McNeil. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 9:30 p.m. Following the executive session, as there was no further business to come before the Council Mr. Barritt moved to adjourn. Sen. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 9:54 p.m. Clerk