HomeMy WebLinkAboutMinutes - City Council - 12/05/2022 CITY COUNCIL 5 DECEMBER 2022
The South Burlington City Council held a regular meeting on Monday, 5 December 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; P. Conner, C. McNeil, City Attorney; Director of Planning
& Zoning; Chief S. Locke, Fire Department; Chief S. Burke, Police Department; J. Murray,
Librarian, I. Blanchard, Director of Community Development; M. Lyons, City Assessor; H. Rees,
Recreation Director; M. Machar, Finance Officer; B. Milizia, R. Fletcher, H. Gagne, P. MacLaren,
K. Auerbacher, E. Ranz-Schlifer, J. Stinnett, M. Maintner, D. Seff, P. Bartelloni, Jr., K. Warren, M.
Mittag, E. Breiland, L. Bailey, D. Peters, S. O'Brien, J. Louisos, J. Bellevance, Beth Z., G.
Silverstein, R. Hooper, B. Britt, C. DavidD. Leban, C. Johnson, F. McDonald, J. Moscatelli, T. P.
More, IV, D. Deslauriers, S. Pennington, M. Scanlon
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:
Members agreed to add an executive session for appointments to boards and committees.
3. Comments and questions from the public not related to the agenda:
Mr. Deslauriers spoke to two articles he had read in The Other Papers that had aroused his
concern. He felt the location of the bike/ped bridge was "very odd" as he didn't see a lot of
people deviating from their normal route to get to it. He was also concerned with safety,
specifically with ice falling from the bridge onto vehicles on the Interstate for which the city
would be liable. He urged a careful reading of design documents, particularly with regard to
weight and with the ability of the bridge to withstand vibration from the Interstate.
Mr. Deslauriers other concern was the regulation of fossil fuel. He felt the information he read
was filled with a lot of opinions, not with qualified data, and said scientific studies are needed.
He also did not want the expense of a retrofit of his home at the end of his life and said the
Council should take into consideration the aging population. His other concern was with
qualified contractors as some homes would need to be torn apart to get some old equipment
out.
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5 DECEMBER 2022
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Mr. Deslauriers also suggested a coffee hour prior to Council meetings in order to get more
people to attend meetings.
4. Announcements and City Manager's Report:
Council members reported on meetings and events they had attended.
Ms. Baker: Committees are beginning to work on the Comprehensive Plan.
As of 30 November, there have been zoning permits issued for 421 new homes
this year, 378 of which are in multi-family buildings.
The Stormwater team is almost complete. They have been working on issues at
the Farrell Dog Park.
The Fire Department has had a rash of odd fire events. They also provided aid to
the City of Winooski for a major fire incident.
Martha Machar has been designated as the new Finance Officer and City
Treasurer.
"Illuminate Vermont" will take place on 16-17 December, from 4-8 p.m.
Volunteers are needed to help with this event and can sign up on-line.
The Senior Light Tour will take place on 20 December.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Appoint Martha Machar to serve as City Treasurer effective immediately
c. Approve the Stormwater System Maintenance Agreement with Hillside at
O'Brien Farm Eastview
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed 4-0.
6. Interview applicants for the Planning Commission and consider making an
appointment:
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The Council interviewed the following applicants:
a. Charles Johnson
b. Francis McDonald
c. John Moscotelli
d. Cory Michael Davis
e. Thomas Paul More, IV
f. Donna Leban
7. FY 24 Budget: Receive the FY24 Proposed Budget and set a Public Hearing on the
FY24 Budget and Capital Improvement Plan for 17 January 2023 at 7:00 p.m.:
Ms. Baker noted that whole management team was present at this meeting. She also noted
that this year the city will be doing a virtual budget book.
Ms. Baker stressed that there are needed investments the city needs to make as it comes out of
lean budget years.
The goals of the FY24 budget include:
a. Exploring what has been underfunded especially in the areas of growth and
service demands where the city is not meeting community expectations.
b. The city has added 20 miles of new roads without adding staff to maintain
them.
c. The Police Department has yet to hit 40 sworn officers
d. The Fire Department is seeing high overtime and needs to get to 30 full time
Firefighters. With 24/7 staffing, there will always be overtime (sickness,
etc.). At this point in time, Firefighters are being ordered in for overtime.
This is expensive and not good for people's health.
e. A second ambulance is needed as a quarter of the time South Burlington
residents are being served by non-South Burlington ambulances.
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Chief Locke explained that the one vacancy in the Fire Department is critical. With 30 full time
members, there would be "normal" overtime staffed by volunteers. Mr. Cota noted that last
year had an historically high call count. Chief Locke said they are already ahead of that number
this fiscal year. He anticipates at least 8,000-10,000 hours of overtime.
Ms. Baker said the city needs tax capacity to fund the Capital Improvement Plan which has been
underfunded. She then reviewed the challenges in preparing this the FY24 budget:
a. Multi-year high inflation
b. The COLA at 6.9%
c. Recovery from COVID years
d. Increased cost of goods and services
e. 6% health insurance increase (which is actually quite low)
f. Worker's Compensation insurance savings of$110,000
g. An increase from Green Mountain Transit
The proposed budget accomplishes three goals:
a. It maintains what the city has now
b. It restores cuts and keeps up with growth
c. It provides for implementation of the Climate Action Plan
This results in a baseline increase of$430,000. It restores the FTE to Assessing, eliminates the
Welcome Center person, and maintains the $800,000 TIF reserve. The cost to the average
homes for the baseline increase is $40.00.
With the addition of one Police Officer, one Fire Fighter, a GIS analyst, and second ambulance
staffing as of 1/1/24, the total tax increase would be 575%. This will result in a $78. Increase to
the average condo and a $117 increase to the average single-family home.
Mr. Barritt asked whether other Fire Departments are as stressed as South Burlington's. Chief
Locke said most are "fragile, ready to break." Demands are up all over due to substance abuse,
mental health issues, and an aging population. He noted that South Burlington does not stack
calls.
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Ms. Baker then outlined the expenditures for the Climate Action Plan which include adding 2
staff people in FY24, consultants, public outreach, and an enforcement team. This will result in
1 cent on the tax rate in FY24 and 2 cents in FY 25 and FY26.
Ms. Baker noted that an effort is being made to look at non-property tax revenues. These
include an $800,000 increase in local option tax receipts, recording fees, ARPA funds, zoning
and sign permits, and fire inspections.
The Capital Improvements Plan (CIP) will have $452,000 in new capacity. Ms. Baker cited the
importance of annually increasing the tax capacity of the CP. She noted there is no money in
the FY24 CIP for exploration of a Recreation Center though it is in the FY25 CIP.
Ms. Baker noted that there will be significant increases in water and sewer fees. South
Burlington has the lowest rates in the state. A comprehensive rate study is being done.
Emerging issues include:
a. Executive team transitions
b. Regional dispatch
c. Water storage
d. Marathon Health Plan
e. Wage pressures, especially in the area of public safety
Ms. Baker then asked the Council to set a public hearing on the proposed budget for 17 January
2023 at 7 p.m.
Ms. Emery moved to set a public hearing on the proposed FY24 City Budget for 17 January 2023
at 7:00 p.m. Mr. Barritt seconded. Motion passed unanimously.
8. FY 24 Budget: Receive the General Government presentation and provide feedback
to staff:
Ms. Baker said 2 positions will need to be filled, a Deputy City Manager and an HR Coordinator.
Successes of the past year include:
a. Hiring of 20 new people
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b. All staff receiving cultural humility training
c. Shoring up of IT
d. Many land development regulations being adopted
e. 307 new homes within the Form Based Code area
While receipt of zoning permit fees is up, recording revenues are going down due to increased
mortgage interest rates.
The proposed budget includes:
a. Increased utility rates
b. An increase in Planning & Zoning staff
c. Integration of the Police into the municipal IT team
d. Restoring of GIS policy and data analysis
The FY24 CIP expenditures will include:
a. Upgrade to the weatherization system
b. HVAC at Fire Station #1 and a generator at Fire Station #2
c. Heat pumps at DPW
d. Replacement of the Hinesburg Road generator (paid for by insurance due to
an accident)
Energy issues reflected in the proposed budget include:
a. Updating codes and ordinances
b. Increased complexity of elections and how to oversee/facilitate
c. Supply chain issues
Ms. Baker spotlighted the $100,000 savings due to the efforts of the Safety Committee and
improvements to cyber security.
Mr. Barritt said he worries about IT security all the time. He warned people not to click on
attachments they don't recognize and to check addresses where emails come from.
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9. FY24 Budget: Receive the Recreation and Parks presentation and provide feedback
to staff:
Ms. Rees reviewed successes of FY22 and FY 23 including:
a. Pickleball facilities
b. Renovation of youth baseball field at Jaycee Park softball field
c. Regrading of baseball field at Veterans Park
d. Four "little libraries" at city parks
e. Wheeler Dog Park (already a huge success)
f. Upcoming "Illuminate Vermont"
g. Receipt of sponsorship grants
Proposed revenue is estimated at $151,650. Ms. Rees said they are trying to hone in on adult
programs and are not receiving as much revenue as in the past. They are also trying to make
youth programs more accessible.
The proposed expenditures are estimated at $887,169.
CIP projects include:
a. Baseball dugout replacement
b. Dog waste stations
c. Bleacher replacement ( safety issue)
d. Roofs at Jaycee and Red Rocks Pavilions
e. Bandshell safety upgrades at Veterans Park
Items to be paid for from impact fees include:
a. South Village recreation amenity (youth soccer field and bathroom amenity)
b. Additional dog park creation
c. Park signage
Emerging issues include:
a. Deferred maintenance at parks
b. Need for Master Plan for park system
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c. Storage
d. Summer camp season question
e. Community garden access (there is a long waiting list)
f. Equity and accessible parks within a quarter mile of each residence
g. Community facilities
Department highlights of recent years include the flourishing Senior Center and the excellent
staff.
10. FY24 Budget: Receive the Library presentation and provide feedback to staff:
Ms. Murray reviewed staffing which includes 20 people for a total of 12.5 FTE.
Success of the past year include:
a. The summer reading program with participation from 61 teens, 70 adults and
432 children
b. ESL groups
c. Staff training in leadership management, equity, etc.
Anticipated revenues are $8,050 from new Library users, rental of Library space (to business
groups, school system training sessions, weddings and memorial services).
Anticipated expenses total $1,045,028. Though there are no major increases this year, the
same things will be costing more.
The Book Van in the OP will not be purchased this year but is scheduled for purchase in FY25.
Emerging issues include:
a. Use of e-books and e-audio books
b. Inclusive use of new building
c. The "borrowing" of thing (training with difficult situations)
Ms. Murray spotlighted the following:
a. The hiring of adult librarians Mira Geffner and Kelly Kendall
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b. Improved collections
c. "Banned Book Week"
d. Featuring of local artists
11. Public Hearing on the Tax Increment Financing Bond Vote on Article 1 regarding TIF
District financing Debt Authorization to fund the design and construction of the
following projects: Garden Street Phase II, Williston Road Streetscape, East West
Crossing and City Center Park Phase II:
Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Ms. Blanchard reviewed the history of the TIF District. She noted the city is closing in on the
time when the city can borrow funds, and this will be the last scheduled ballot item at an
election. The city will continue to collect increment from new City Center development until
2037.
There are 4 projects left in the TIF District. $10,000,000 has been issued to date with an
additional $4,000,000 approved but not yet issued. The city has authorization to issue a total of
$29,000,000. The anticipation is that the city will have a $306,000,000 tax base by 2037.
Ms. Blanchard then reviewed the 4 remaining projects as follows:
a. Garden Street Phase II including bike/ped facilities. The cost is $8,300,000,
and the project is eligible for federal aid
b. Williston Road streetscape which will add a mixed use path to the south side
of the road
c. East-west crossing walk/bike bridge for which the city has grants and can
pursue federal funds
d. City Center Park Phase II including the boardwalk connection, lighted path,
access to the Middle and High Schools at a cost of$4,100,000. The project is
100%TIF eligible
The total amount of financing being sought is $15,086,430 though this is not necessarily what
the city will be asking for.
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Ms. Blanchard showed a map of the TIF district preliminary model (106 acres). She noted that
not every property will be developed. She also indicated what has already been developed.
UVM has partnered with Snyder-Braverman to develop 295 housing units, and the Medical
Center will be developing 181 units. By 2026, there will be 476 more housing units that will be
fully taxable. Ms. Blanchard showed a map indicating the location of those 2 projects, housing
already developed, and what is anticipated.
Ms. Blanchard then explained the Reserve Fund/cash cushion and noted the city is looking for
other ways to mitigate the debt. This includes talking with developers as to how their sites are
being used. The city will be looking for federal funds to bring down the debt and at other ways
to structure the debt.
Mr. Barritt said his only concern is that UVM might change from a full "for profit" arrangement
down the road. Ms. Blanchard said the amount they are investing is not purchasable. Ms.
Baker added that UVM has first right to the units but not sole right.
Public comment was then solicited.
Mr. Scanlon asked whether there is flexibility to make buildings more commercial. Mr. Conner
said the area along Market Street where these buildings are designates first floors as non-
residential (commercial). This can evolve over time. Above the first floor, they can be
residential or commercial. Along Garden Street, regulations are flexible, so buildings can be
residential or commercial.
As there was no further public comments, Mr. Barritt moved to close the public hearing. Ms.
Emery seconded. Motion passed unanimously.
12. Public Hearing on amendments to the Land Development Regulations#LDR-22-07
to realign zoning districts along the Shelburne Road Corridor and LDR-22-08 to
allow Municipal Uses in the Commercial 2 District and allow the following
additional uses within Commercial 1 Auto District: Congregate Care, Assisted
Living, Continuum of Care, Educational Facility, Educational Support Facilities,
Hospice, Municipal Facility, Skilled Nursing, Social Services:
Mr. Cota recused himself from this hearing due to a potential conflict of interest.
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Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed
unanimously.
Mr. Conner provided an overview of the amendments. Ms. Louisos then showed a map of the
zoning change areas with existing zoning and a map of the proposed zoning. She explained
what uses would be allowed in each district. She stressed that no auto dealership would
become non-conforming.
Ms. Louisos noted that the request for this change came to the Planning Commission.
Members felt this was an opportunity to use an existing building and would also shift auto use
away from where the city is looking for some mixed use development. She noted the shift does
not change the housing potential.
Sen. Chittenden said he received a call as to whether these amendments were "fast-tracked."
He asked how long it took for them to get to the Council. Mr. Conner said staff was approached
about a year ago. In late spring, a letter was received regarding the request. Mr. Conner noted
that one goal of the Comprehensive Plan is to be "opportunity oriented." He added that there
was the standard public process including a Planning Commission public hearing.
Ms. Emery asked if the CCRPC weighs in on this. Mr. Conner said it is not typically the CCRPC's
practice to weigh in on zoning changes.
Public comment was then solicited.
Mr. Pennington said he strongly supports the change as it will be a benefit to have Tesla come
here. They are an American company and should be encouraged.
Ms. Riehle said she received "a ton" of emails, most of them supportive.
Mr. Hooper said now has to travel out of state for service to his car, and this move may bring
people to South Burlington for service. He said it can also help address climate goals.
As there was no further public comment, Mr. Barritt moved to close the public hearing. Ms.
Emery seconded. Motion passed 4-0.
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13. Possible action on changes to the Land Development Regulations#LDR-22-07 and
#LDR-22-08:
Mr. Barritt moved that the Council approve amendments to the Land Development Regulations
#LDR-22-07 and LDR-22-08 as presented. Ms. Emery seconded. Motion passed 4-0.
Mr. Cota rejoined the Council.
14. Public Hearing on a change to the Impact Fee Ordinance and the Public& Private
Sanitary Sewerage and Stormwater Systems Ordinance regarding timing of
payment of fees for affordable housing projects:
Ms. Emery moved to open the public hearing. Sen. Chittenden seconded. Motion passed
unanimously.
Mr. Conner said the purpose of the amendment is to assist with financing of affordable housing
projects to which the city is a party. It allows the developer not to have to pay fees up front.
The fee would be due at the time of a Certificate of Occupancy. Mr. Conner stressed that there
are fail-safe means to ensure the city will be paid.
Public comment was solicited. There was no public comment.
Ms. Emery moved to close the public hearing. Sen. Chittenden seconded. Motion passed
unanimously.
15. Possible action on a change to the Impact Fee Ordinance and the Public& Private
Sanitary Sewerage and Stormwater Systems Ordinance regarding timing of
payment of fees for affordable housing projects:
Mr. Barritt moved to approve the amendment to the Impact Fee Ordinance and Public &
Private Sanitary Sewerage and Stormwater Systems Ordinance regarding timing of payment of
fees for affordable housing projects as presented. Ms. Emery seconded. Motion passed
unanimously.
16. Receive the FY23 Policy Priorities and Strategies Report #1:
Ms. Riehle said the report shows the city is making progress on almost every area.
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17. Convene as South Burlington Liquor Control Commission to consider the following:
Delta Hotels by Marriott Burlington (new ownership) First Class and Third-Class
Restaurant/Bar License:
Mr. Barritt moved that the Council convene as Liquor Control Commission. Sen. Chittenden
seconded. Motion passed unanimously.
Ms. Baker advised that staff had no concerns with the request.
Sen. Chittenden moved to approve the First Class and Third-Class Restaurant/Bar License for
Delta Hotels by Marriott Burlington as presented. Mr. Barritt seconded. Motion passed
unanimously.
Sen. Chittenden moved to reconvene as City Council. Ms. Emery seconded. Motion passed
unanimously.
18. Other Business:
No other business was presented.
19. Consider entering a possible executive session to consider review of personnel and
appointments to boards and committees:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of the Council's discussion of personnel and appointments could clearly place the
city at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously.
Mr. Barritt then moved that having so found, the Council meeting in executive session to
discuss personnel and appointments to boards and committees, inviting into the session Ms.
Baker, Mr. McNeil and Mr. Conner. Ms. Emery seconded. Motion passed unanimously. The
Council entered executive session at 10:15 p.m.
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 10:45 p.m. 1
/ , Clerk