Loading...
HomeMy WebLinkAboutMinutes - City Council - 09/19/2022CITY COUNCIL 19 SEPTEMBER 2022 The South Burlington City Council held a regular meeting on Monday, 19 September 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, Acting Chair; T. Barritt, Sen. T. Chittenden, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, City Attorney; P. Conner, Director of Planning and Zoning; T. Francis, Fire Department; Bonnie, G. Nelson, R. Birgisson, E. Goldman, Drew S., K. M. Forlie, R. Greco, A. Janda, R. Gonda, M. Mittag, H. Shen, B. Milizia, L. Smith, C. Martin, K. Epstein, S. Srinivasen, M. Murray, N. Thittgen, G. Farrell, A. Demetrowitz, A. Chalnick, T. Perrin D. Peters, S. Gardner, J. Hemmelgarn, S. Swanson, J. Bossange, M. Biama, N. Hyman, Ms. Mooro, Ms. Chen, M. Gifford, B. Zigmund, C. Snyder, P. Engels, J. Defour, J. Leas, A. Adams, D. Leban, A. Hannaford, C. Martin, Isaac, C. Trombly 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 comments or questions were received. 4. Announcements and City Manager’s Report: Mr. Cota: The Common Area for Dogs Committee is excited about the direction things are heading. They are concerned with the date for fencing which seems to be in December. The dedication of the “gooses” at City Hall Park will take place tomorrow at 5 p.m. The artist will be present. Mr. Barritt: Received a tour of the new Beta building. Also attended the Burlington Net Zero Fair. Sen. Chittenden: Attended the Beta event. CITY COUNCIL 19 SEPTEMBER 2022 PAGE 2 Ms. Emery: Attended the City Charter Committee meeting where there was discussion on the number of members of the Planning Commission. The Commission will discuss this and come back to the Committee with their thoughts. Ms. Baker: The City will be celebrating the 23 years of service of retiring Police Officer Ed Soycheck. Dorset Street repaving is underway. Full street sweeping has also begun. The new timeline for the Dog Park fencing is the end of October/beginning of November. There will be a joint meeting of the City Council and Planning Commission next Tuesday, 7 p.m. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 1 August, 15 August and 6 September 2022 City Council meetings c. Receive the FY23 August financials d. Authorize the City Manager to negotiate and execute two agreements related to the RAISE grant awarded for the East-West Alternative Transportation Crossing Project (walk bike bridge over I-89 at Exit 14): the US DOT grant agreement Under the Fiscal Year 2021 RAISE Grant Program and a Contract Administration Agreement with VTrans for Federal Award RAIZ001 e. Approve the Clean Water State Revolving Fund Loan Agreement for our 3-acre Stormwater Retrofit Design Project f. Award Engineering Contract for water quality monitoring and testing to Stone Environmental Ms. Emery noted that in the Minutes of 1 August, Page 3, paragraph 2, 3rd line down, the work “now” should be “no.” Also, on p. 8 the date of the special city meeting should be warned for November 8th. Mr. Cota moved to approve the Consent Agenda with the above amendments. Mr. Barritt seconded. Motion passed with all present voting in favor. CITY COUNCIL 19 SEPTEMBER 2022 PAGE 3 6. Opportunity for Councilors and the public to share information and resources on climate change: Ms. Emery noted that in reading through the Climate Action Plan, there are several organizations the city could join. She was inspired to see hundreds of cities working to restore ecosystems. Mr. Cota advised that the end of the month is the end of the time to comment to the Agency of Natural Resources on the zero emission cars movement. Mr. Barritt said that at the BED Net Zero Fair there was a chart regarding “good” and “bad” ways to go to school. Walking was the best. 7. Receive the Chief Sustainability Officer’s Annual Report on the progress the City has made to enact the Climate Action Plan and to integrate climate change impacts into decision making: Mr. Conner noted that the major item on tonight’s agenda is the presentation of the Climate Action Task Force’s Climate Action Plan. He noted there is a government operations portion of that report. There is an opportunity for city departments to comment on proposed actions. 8. (previously #13) FY22 Year End Financials and potential funding action: Mr. Bolduc reported that the fiscal year is closing significantly in the black by about $2,000,000 which is $1,700,000 above projected revenues. Local options taxes returned $600,000 above projections and building and sign permit fees were $200,000 above projections and higher than pre-pandemic numbers. There was also unbudgeted income from FEMA relief ($236,000) and reimbursement ($100,000) from low workers compensation claims. Cost savings from the captive health insurance initiative was over $300,000 in unspent funding. Mr. Bolduc reminded the Council that they have already approve additional funding from the surplus to the Trinity Education Center ($13,000), for fire equipment ($60,000) and spring paving ($200,000). There is still $1,700,000 unappropriated. Recommendations for use of that unappropriated surplus include: CITY COUNCIL 19 SEPTEMBER 2022 PAGE 4 a. Increasing the special reserve fund for captive insurance increases from $140,000 to $175,000 Mr. Barritt asked what the medical insurance increase will be for the coming year. Mr. Bolduc said it will be a 6.4% increase. b. Increasing the Planning Department staffing by 2 members ($150,000). c. Reserve funding for Dorset Street signal project. The city received 2 bids in August which are being evaluated. They are close to projections (close to $1,000,000 if work proceeds this year). The recommendation is to maintain that amount. The city has received on grant for this project which requires a 20% match. d. Setting aside $100,000 for long-term savings for the Pension Plan. This would increase the funded amount by a small amount. Mr. Barritt asked if there is any consideration to paying down the pension plan loan. Mr. Bolduc said it was considered but was not done. e. The remainder to the fund balance savings account which would get the city closer to the recommended target. Mr. Barritt said he would like to consider evaluating the benefit of paying down some of the Pension Plan loan. Mr. Cota said he absolutely supports adding to the Planning staff. He asked about the Zoning Administrator position. Ms. Baker said that position has been filled. There has been a title change with 2 people responsible for that work. Both report to Ms. Keene. The second proposed new hire would be a City Planner. Mr. Barritt moved to approve the additional funding for health care reserve fund, staffing for the Planning Commission and increase to the Pension Fund. Mr. Cota seconded. Motion passed with all present voting in favor. A brief recess followed. CITY COUNCIL 19 SEPTEMBER 2022 PAGE 5 9. Public Hearing: on an Ordinance to regulate fuels for heating and hot water in new construction: Mr. Barritt moved to open the public hearing. Sen. Chittenden seconded. Motion passed with all present voting in favor. Mr. Cota recused himself due to a potential conflict of interest. Ms. Baker noted that tonight’s purpose is to hear from the public. At the Council’s next meeting, the Council will discuss and re warn any changes to the Ordinance. McNeil explained that the Ordinance regulates heating and water systems in new buildings which have not been permitted by 1 January 2024. 85 % of the heating system must be renewable. After speaking with some experts, some amendments have been made to the drafted Ordinance including references to multi-family building energy standards. The word “domestic” has been changed to “serviced water heating systems.” The Ordinance also requires that compliance continues after the initial build. Public comment was then received as follows: Ms. Reale: Read a letter of support from the Energy Committee. Mr. Shatzer: Asked that before the Ordinance is accepted it is amended to include emissions from the Airport. He said that residents of South Burlington are being harmed daily, and the Guard needs to be held accountable. Council members noted that this comment is more appropriate to the discussion of the Climate Action Plan later in the agenda. Mr. Gardner: The Ordinance will make South Burlington a better place to live. He noted that he works for an energy company, and the buildings they work on are net zero or net zero capable, and the technology is there to adopt the Ordinance. He added that it is not true that it is more expensive to use electricity; that belief does not take in the carbon cost. Kai: A Burlington resident noted there is some resistance in Burlington. An increasing number of people using heat pumps realize they made a mistake installing them. They are CITY COUNCIL 19 SEPTEMBER 2022 PAGE 6 paying more after installation and creating more greenhouse gases. He urged caution and the need to consider the age of buildings. (Ms. Emery reminded the public that this Ordinance deals only with new construction.) Mr. Smith: He supported the Ordinance and urged its approval. The transition from fossil fuels needs to happen quickly and equitably. He felt it is easy to achieve in new buildings and encouraged some form of compensation for hardships. Mr. Hemmelgarn: He is a partner in Black River Design and said the Ordinance is achievable. The National Institute of Architects is recommending what South Burlington proposes. The rate of technological advancement continues to increase. He encouraged support of the Ordinance. Mr. Biama: His construction management/development company was asked to provide expertise as they are involved in several net zero projects. He acknowledged they are very expensive (e.g., they require bringing more amperage to properties, and the cost of electricity has increased in recent years). Capacity needs to be increased on the grid side. He also acknowledged that some projects won’t get off the ground because of the cost. He suggested possibly revisiting the ordinance to incentivize rather than require. He also noted that all- electric heating systems suffer in winter in large commercial projects. Mr. Thiltgen: A Burlington resident who works in South Burlington and does energy audits. He felt that what is proposed in the Ordinance will soon be required by code. It is being incentivized by Green Mountain Power and Energy Efficiency. He acknowledged that the impact on existing buildings is significant. It is also easier to achieve in residential buildings than in commercial buildings. There are issues in Burlington involving kitchen ventilation in restaurants and commercial driers for multi-residential buildings. He urged the city to be sure “all bases are covered.” Mr. Swanson: Agreed it is very hard to go back and retrofit older buildings and cited the example of his church and his home. Mr. Gonda: Supports the Ordinance. Mr. Bossange: Need to be sure heat pumps work in multi-family buildings. Did not want the new technology to be absent from affordable housing. Architects he has talked to said heat pumps work well now and will be more efficient in the future. He cited a 4-story building in CITY COUNCIL 19 SEPTEMBER 2022 PAGE 7 Burlington where heat pumps are working. They are individually controlled. Natural gas is still used for hot water heaters there. Each unit has an exhaust system to bring in fresh air. The lines for heat pumps last forever, and there is no leakage. The buildings he visited also have solar which covers common areas and elevators. Natural gas is not clean. He urged approval of the Ordinance. Ms. Greco: Supported the Ordinance and urged its enactment as soon as possible. Has personal experience with heat pumps and they are very efficient. Mr. Hyman: Cited the report of the Energy Action Network with data on heat pumps. He also noted the President’s new bill with extra incentives to reduce installation costs of heat pumps. It is important that the 2 largest municipalities are adopting these regulations. He uses heat pumps in his house and has had no problems. Ms. Demetrowitz: Supported the Ordinance for single family homes and some businesses. She noted that the Vermont Housing Trust has some issues with larger buildings. They have several 70-unit buildings. They are cooled with heat pumps which are not used for heating. They have not heard good things from other building owners regarding heating. It is much more expensive. She supported the inclusion of building inspectors for single family homes. She asked that the condition for electric hot water heaters in multi-family buildings be removed. Ms. Moore: The way some homes were built make some upgrades impossible. It is very hard to get off natural gas and very expensive. To continue to build with natural gas is irresponsible. They were told that in their 2014 home even if they retrofitted they could not get enough heat in winter. Ms. Chen: Had 2 heat pumps installed and the house is very comfortable. The distribution of heat is much better. They would like to install two more but were told that is impossible because they are in a duplex condo. The cost is 5% more, but she wasn’t sure that was a fair comparison. Mr. Gifford: Works for Vermont Gas and welcomes the ongoing dialog. They have 55,000 customers and 130 employees. They want to be part of the solution and are fully committed to the State’s climate goals. He stressed that it is critical to winterize homes. They are now working on hybrid systems and looking at how to eliminate fossil fuels. He noted that their pipes carry different types of fuel. They support a policy that sets clear performance standards. It is also important that income challenged people are considered. CITY COUNCIL 19 SEPTEMBER 2022 PAGE 8 Ms. Zigmund: Urged support of the most robust standards possible. Also supported hiring additional staff, especially for inspection of single family homes. She was concerned that there could be lower standards for multi-family buildings with affordable housing. She also cited the fact that the cost of natural gas went up 27% from July to August this year and will continue to go up due to the financial risk. This could saddle future generations with the cost of retrofitting. They are trying to get their house off gas, but the cost is enormous. She is a lung specialist and cited the issues of children with asthma, particularly in homes using gas in small kitchens. She also said some emissions can cause cancer. She urged support of the Ordinance. Mr. Epstein: They upgraded their home to net zero. He encouraged support of the Ordinance. Mr. Snyder: He is a builder of multi-family buildings and has experience in construction and heating systems. He stressed the need to focus on new buildings. Their building on Dover Place with 43 units is already efficient based on existing codes. He cited the need to focus on exterior wall samples. He also cited additional costs from installation and long-term maintenance. Heat pumps need to be replaced more often. This could improve over time. Regarding ventilation and domestic hot water systems, the products are very limited, and “we are pushing the envelope more than the available technology.” He recommended following Burlington’s exemption for ventilation and hot water and also hiring consultants who can formalize details of a potential future ordinance. A member of an architectural firm noted that his firm has gone all electric with heating in residential and commercial buildings. No one system fits all, and products keep getting better. He acknowledged that hot water is an issue. They are using small hot water heaters in individual units of the buildings they build. Mr. Engels: It is possible to get a full rebate for heat pumps through the inflation reduction act depending on income. This would be significant for low income homeowners. There are also rebates up to $1750 for hot water heaters. State governments will issue rebates for heat pumps after 1 January 2023. Mr. Defour: Agreed with almost everything. We pay now for a better future. Following public comment, Mr. Barritt moved to close the public hearing. Sen. Chittenden seconded. Motion passed 3-0. CITY COUNCIL 19 SEPTEMBER 2022 PAGE 9 Ms. Emery noted that staff will be asked to follow up on some things. There will then be a second public hearing and then a Council decision. 10. Possible direction to staff on an Ordinance to Regulate Fuels for Heating and Hot Water in new construction: Sen. Chittenden said he supports the Burlington Ordinance and felt they were getting close on water heaters. He recommended a temporary (2-year) waiver on hot water heaters for large buildings and multi-family buildings though he was confident “we can get there.” Ms. Emery felt that was reasonable and supported it. She felt the testimony on retrofitting was compelling. Mr. Barritt also shared that concern and would like to get information on cost differences from electric hot water heaters. He had no doubt that non-profit developers would have concerns. Following this item, Mr. Cota rejoined the Council. 11. Climate Action Plan Task Force to present the recommended Climate Action Plan to the Council: Mr. Goldman cited changes in the Vermont climate and the potential impact on what we like to do in winter including the maple syrup industry. He also cited the rise in weather extremes and the fact that global warming is reaching 1.5 degrees centigrade which could increase hazards. He then reviewed the process to produce the Climate Action Plan for the city. He noted that not everyone can attack the problem in the same way and agreed that equity needs to be addressed. Regarding buildings and the thermal sector, Mr. Goldman cited large up-front costs which are a challenge to people with limited income and those who done have the right to alter the places where they live. He said there should be policies to ensure that impacted populations have access to the benefits of renewable energy. Mr. Goldman then reviewed historical emissions and future targets. He noted that about 2/3 of emissions arise from transportation, and the balance is split between residential and commercial buildings. These numbers need to drop significantly. The overall goal is to reduce total emissions by 60% from 1990 levels by 2030. This would put the city on track to reduce CITY COUNCIL 19 SEPTEMBER 2022 PAGE 10 emissions by 80% by 2050. That, he said, is the easier part. It will take more time to do the harder things. The city’s targets for 2030 include replacing 75% of gas vehicles with electric (including hybrids). Only 2% of vehicles meet this target at the present time, but there has been a 50% increase from 2021 to 2022 which would allow getting to 75% by 2030. The question is what kind of support is needed to achieve this (e.g., service technicians for vehicles). Regarding buildings and thermals, weatherization and the use of heat pumps are important. The city needs to do 360 heat pumps a year. The current rate is 100 a year, partly due to a shortage of installers. There are also huge bottlenecks with regard to weatherization. As loads are added for energy, there needs to be a plan for renewable energy including solar. At the present time, less than 20% of energy is solar. This needs to be between 50% and 90% to meet the goals. Mr. Goldman said the City Council can determine which projects to prioritize with regard to city government operations. The city can show leadership. There can be regulatory goals in addition to city building goals. Mr. Goldman then shared the results (156 responses) of a survey conducted by the Task Force. 75% of people are very concerned and cited the need to get people involved. People would support electric vehicles, consolidated trash services, high-density housing, building heating, and other measures. Implementation plans and equity plans are the next areas to be addressed. Strategic planning should incorporate climate planning in every step. Ms. Emery noted that no action would be taken at this meeting. She said there is a memo from the City Manager regarding implementation. Ms. Baker said there is expertise on staff to help. The first thing that is needed is the development of an implementation plan, two parts of which are already funded. Some things can be tackled in the budget process. The current tax rate is 42 cents on the dollar. If the city revolutionizes how it operates around climate change, additional funds will be needed, and there will have to be changes in how funds are allocated. Someone needs to “own” the implementation plan. The next big question is how to resource that. She stressed that it takes CITY COUNCIL 19 SEPTEMBER 2022 PAGE 11 resources to partner, and there is no one on the city'’ team to do that now. The city also has to support the community to access resources that are available. Ms. Emery questioned what the dollar signs on p. 22 of the plan mean. Mr. Goldman said they couldn’t figure out how much each item would cost, not only the city’s cost but also the whole community’s cost. Ms. Emery asked if those are taxpayer dollars. Mr. Goldman said they are. They come from the city budget and however money flows into the budget. Mr. Goldman cited the importance of quantifying benefits in addition to costs including the benefit of good jobs. There has to be consideration of the health and quality of life benefits and the reduced cost of rebounding from weather events. Mr. Barritt asked if Green Mountain Power has a position on the increased demand for power. Mr. Goldman said they are supportive of the plan. The price of electricity will go up, but increasing the demand can reduce that costs. He said the city shouldn’t worry about electric capacity as offshore wind power could be brought in as well. Ms. Riehle, who joined the Council for this report, said people have to remember this is a plan and not to focus on “the weeds.” Costs will be considered in the implementation plan. She also felt they have to consider the investment of city personnel to help go for grants, etc. This can’t happen with current staff. Ms. Adams urged that the report go back to the Task Force because it doesn’t include green gas emissions from the Airport. Without that, it does not represent a data driven report. She stressed that people are dying around the world from a problem they didn’t create. She noted that IAEC gas emissions protocol requires including airport emissions; without that, the report is just propaganda. Mr. Goldman said South Burlington is in the unique position of housing an airport that is owned by another municipality which is responsible for its operations. The Airport is included in Burlington’s climate action plan, and it would double counting to include it in South Burlington’s plan. The city can, however, lobby to encourage other policy makers to act. Ms. Adams said the Airport is not included in Burlington’s plan. Mr. Conner said the Airport is developing a plan which they expect to be completed by the end of the year. CITY COUNCIL 19 SEPTEMBER 2022 PAGE 12 Other public comment was received as follows: Ms. Hannaford: Understands Burlington’s plan will include the Airport. Any emissions not included in Burlington’s plan should be in South Burlington’s plan. We can’t pretend it isn’t there. Mr. Martin: This is Climate Action Week. Neither the state, nor Burlington, nor South Burlington has considered the Airport in its climate action plans. Mr. Leas: Omitting aircraft is a mistake. It emits a huge amount of greenhouse gases and is the only institution that will make its own plan. There should be equal treatment for everyone and a plan for the entire city. He noted the Airport even wants to expand. Mr. Shatzer: The Airport won’t account for military planes in its plan. They are the largest polluters. He asked to include this in the city’s plan. Isaac: Agrees with Ms. Adams. All the Airport plan was doing was ground emissions which is a weak way to address problems. Ms. Basker noted that the Climate Action Plan will be on the 3 October agenda with another update of the plan. 12. FY 24 Budget: council discussion on budget goals: Mr. Bolduc said this will be a very hard budget hear. The leadership team is working on what it will cost to maintain core city services. Mr. Bolduc then enumerated the team’s concerns: a. Tax rate anticipation b. Increased infrastructure maintenance (with the same number of maintenance staff as 15 years ago) c. Expectation for maintenance of roads and parks d. How to fund the Climate Action Plan Mr. Bolduc then enumerated projected additional expenditures for maintain the same services: a. $330,000 for employee salaries b. 6.4% increase in group health plan CITY COUNCIL 19 SEPTEMBER 2022 PAGE 13 c. Inflationary impacts (e.g., paving, fuel) These result in a $1,800,000 increase to maintain current services. The good news is a projected increase in revenues. With that estimate, the cost to maintain services could be reduced to $715,000 which would mean a 3.74% tax increase. Ms. Baker stressed that without the leadership team weighing in yet, there are considerations that staff does not yet know about. They are still looking at the cost of funding the CIP, which is more than what is being funded. Ms. Baker noted that the city was able to use ARPA funds for the new ambulance. The question is whether to continue to leverage ARPA funds for the CIP. Those funds could be targeted to specific CIP services (e.g., parks, sewer/wastewater) which were identified in the public survey. There would have to be at least a 1% increase to maintain the current CIP funding ($330,000). Items to be considered in budgeting include: a. Climate action plan (a potential 1% increase in the general budget) b. Core municipal services c. Strategic planning to meet Fire/EMS services d. Bridging the gap in the inflation shortfall e. Bartlett Bay Treatment Plant capacity f. TIF vote in March To do all of these things would result in a 7% increase to the tax rate. Sen. Chittenden said one thing that Burlington does that South Burlington should do is a rental registry. Those funds could be used to fund enforcement of ordinances. He also suggested factoring into the budget a modest increase in fees. Mr. Bolduc said that will be looked at this year as will enterprise fund items. Ms. Emery cited the need to equip city services to leverage all the opportunities out there, some of which could come from ARPA funds. She asked what is currently underfunded. Mr. Bolduc said park maintenance is high on that list. Ms. Riehle said it is time for the Council to have the conversation regarding how the city has grown and hasn’t kept up with staffing in some areas. They have to consider public CITY COUNCIL 19 SEPTEMBER 2022 PAGE 14 expectations. She would like the leadership team to come back with staffing and funding they need to meet important needs for the community. She stressed that this doesn’t all have to come from tax dollars. There needs to be someone looking at grants so the Council can make policy decisions. The city can’t keep doing more for less. She said she would support some significant increases, even if it means tax increases. Mr. Barritt said he hates tax increases over 3%, but he realizes that with inflation at 8-9% and the CIP things that need to happen and the Climate Action Plan, there will be added funds needed. He liked the idea of using ARPA funds. 13. Other Business: No other business was presented. 14. Consider entering executive session for the purposes of discussing real estate acquisition and negotiation: 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 and inviting into the session Ms. Baker, Mr. Bolduc, Mr. Conner and Mr. McNeil. Sen. Chittenden seconded. Motion passed unanimously. The Council entered executive session at 11:10 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 11:25 p.m. /s/ Tim Barritt _________________________________ Clerk