HomeMy WebLinkAboutMinutes - City Council - 01/03/2023 CITY COUNCIL 3 JANUARY 2023
The South Burlington City Council held a regular meeting on Tuesday, 3 January 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; C. McNeil, City Attorney; A. Lafferty, Deputy City
Attorney; D. Kinville, City Clerk; Chief S. Burke, Police Department; Chief S. Locke, Fire
Department; P. Conner, Director of Planning & Zoning; D. Brayton, HR Director; D. Wheeler, M.
Machar, Finance Officer; L. Bailey, D. Bugbee, M. Murray, B. Britt, M. Mittag, G. Silverstein, 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:
No issues were raised.
4. Announcements and City Manager's Report:
Council members reported on meetings and events they had attended.
Ms. Baker: Announced hiring of the City's new HR Director, Daisy Brayton. Ms. Brayton
introduced herself and spoke briefly of her background.
Noted 2 items on the Consent Agenda, the designation of Terry Francis as
Building Inspector and the application of a grant to replace ash trees.
Reminded members that the next Council meeting will be on Tuesday, 17
January. There will also be a special Council meeting, followed by a Steering Committee
meeting, on Monday, 23 January.
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5. Consent Agenda:
a. Approve and Sign Disbursements
b. Appoint Deputy Chief/Fire Marshall Terence Francis to serve as the Building
Inspector
c. Approve a Growing Urban Forests Grant to fund planting of new street trees to
offset removal of Ash Trees including allocating$20,000 of ARPA funds as grant
match.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
6. FY24 Budget: Receive the Police and Dispatch presentation and provide feedback
to staff:
Chief Burke showed a chart of what Police staffing should look like and indicated the vacant
positions. Because of the vacancies, the department can't do a lot of neighborhood policing as
they used to do. They also had to reassign a traffic person, which is a problem due to so much
pass-through traffic in the city.
The Chief noted that the Police Station building is also home to 2 other organizations, one of
which is the Community Justice Center with whom the Police work, especially on cases involving
drugs.
Police Department successes include:
a. Launching of the camera technology program
b. Implementation of statutory changes regarding use of force (officers had to
be trained to new State standards)
c. Continued training regarding fair & impartial policing (the Chief said this has
been very valuable to officers)
d. Ordering of 2 hybrid patrol vehicles
e. Filling the 7th dispatcher position
f. Naming of Joseph Lavanway as the new Executive Director of the Community
Justice Center
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Chief Burke said they are asking that the FY24 budget include reinstating the Deputy Chief of
Police position and eliminating one Lieutenant position. They are also asking for 3 hybrid
cruisers and funding to transition to different pistols. The Chief explained that the size of some
current pistols don't allow them to be put into everyone's hands. The estimated cost of the
pistols if$38,000. With $10,000 trade-in for current pistols, the net cost would be $28,000.
Chief Burke then showed a graph indicating retirement and the number of officers they have
been able to hire. He cited the need to find adequate candidates and noted this is a national
trend. In South Burlington, application rates are down 50%.
Mr. Cota asked how long it takes for a candidate to be fully trained to be alone in a vehicle.
Chief Burke said 35 weeks.
The Chief then explained the 12-hour schedule they are now employing. He said the 10-hour
schedule is no longer viable. This is related to problems in the City of Burlington where they
could no longer provide back-up and South Burlington was being called to Burlington. It also
parallels issues in Shelburne. South Burlington Police have stepped up in both cases, but they
are now trying to get back to a 10-hour schedule after which officers will be asked which
schedule they prefer.
As of today, the Chief said, there are 20 officers available for patrol. Five will be in training as of
next week. There are 5 vacancies, 2 of which are unfunded. There should be 24 patrol officers
available. The Chief stressed that with the growth in the city, it is naïve not to have adequate
policing.
With regard to the CIP, Chief Burke cited the need to increase the fleet. He noted the increased
cost of maintenance (which is being overspent). He said it is important to get funding for the 3
vehicles in FY24. He also noted that hybrid technology will be good for their use, but he said
there are issues with availability, and there would probably be a year-long wait for the vehicles.
This will further impact maintenance of the current fleet.
Emerging Police Department issues include:
a. The shocking increase in crime categories, including those which require a lot
of investigation. He cited significant increases in larceny, car theft and retail
theft. He said there should be more focus on the restorative system for these
crimes.
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b. Domestic violence and sex crimes are also going up, and they are probably
under-reported. These crimes take a lot of investigation time.
c. Stolen cars are being used for thefts and generally require cleaning when
recovered.
Ms. Emery asked if economics have anything to do with the increased crime rate. Chief Burke
said yes, but drugs have much more to do with it.
Chief Burke said it is his feeling that if Restorative Justice is used early enough, there can be less
recidivism. He noted they do direct referral on 14 misdemeanors but need more State funding
for pre-charge cases. Ms. Baker said there is a need for more restorative/community justice
state-wide.
The Chief then spotlighted the following:
a. The relationship with the Community Outreach Program, particularly for
overdoses and mental health issues
b. The new Encampment Policy
Chief Burke said 2 officers will be retiring in the next few years, and there will be officers leaving
their positions. He cited the need for more funded positions and said that getting to 40 by FY25
would be "fantastic." He stressed that people are the most precious resource, and they cannot
sustain that with the numbers they now have.
The Chief also cited the salaries of"competitors," specifically the City of Burlington and the
State, both of which start at $15,000 more than South Burlington. He stressed the need to keep
the good officers they now have.
7. FY24 Budget: Receive the Fire and EMS presentation and provide feedback to staff:
Chief Locke introduced his leadership team and cited the relationship of the department to the
union. He showed an overview of staffing. A shift consists of a Captain and 7 or 8 Firefighters
who work a 24 hours on, 48 hours off schedule. There are 3 such shifts. There are also 3
persons in the Prevention Department.
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Chief Locke noted that in FY13, the Department responded to 3007 calls. In FY22, they
responded to 4447 calls with the same staffing. The call volume has doubled since 2008, also
with the same staffing. This can reduce reliability.
Department successes include:
a. Maintaining minimum staffing, which the Chief stressed is not sustainable.
This affects the home life of firefighters. There was a time when they were
working a 48 hours on, 24 hours off schedule
b. Separation of the Fire Chief from the Fire Marshall duties ("No one can do
two jobs")
c. Attendance of 3 Firefighters at Paramedic training
d. Refurbishing Ladder#1 which should be back in service soon
e. Ordering of a replacement ambulance (which is being delayed)
Regarding ambulance revenue, Chief Locke said they will outperform anticipated revenues
which he attributed to increased volume and the new billing service.
Prevention revenues will do very well in FY23 due to new construction (permit fees) particularly
Beta and Onlogic.
With regard to expenditures, Chief Locke noted they have combined Fire and Ambulance into
one budget. One increased expense is diesel fuel which is budgeted now at $22,075. Other
increases are in the records management system and Paramedic training. The Chief said it is
their hope to support one Paramedic training a year.
Items in the CIP include:
a. $400,000 for fleet replacement for a 2009 fire truck and the 2012 ambulance
b. $30,000 for 2 thermal imaging cameras
The Chief showed a slide of"Fleet Planning" to smooth costs out over 10 years. This would
provide much more stable funding. He stressed that the fleet is "tired." He also noted that it
takes 12-14 months to get a newly ordered ambulance and up to 36 months to get a new fire
truck. Funding needs to be approved that far in advance. Smoothing funding will allow this to
happen. The Chief asked the Council to authorize this purchasing plan. Ms. Baker noted that
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the Council has already taken the first step to do this. The second step would be a "lease to
purchase" option authorization. Mr. Cota asked if this would lock down the price. Ms. Baker
said it would.
Ms. Riehle asked with the city's goals of more housing and more businesses, what kind of truck
would be needed for taller buildings as opposed to those for suburban sprawl. Chief Locke said
the current plan is for 2 fire trucks, 1 ladder truck and 2 ambulances. They will eventually have
to look at different apparatus but not because of building height. What would change would be
use of a small vehicle as a medical assist instead of a big fire truck.
The Chief then enumerated requested resources including:
a. Restoration of the position cut in 2019 so there will be 10 firefighters per
shift. The Chief noted the impact on quality of life with excess overtime. He
said that one employee worked 478 hours of overtime which equates to 47%
of total hours. 25 employees worked a total of 5,647 hours. The minimum
hours of overtime worked was 112.
b. Hiring of 6 additional Firefighters to staff the second ambulance. The Chief
noted that just today they had 4 mutual service responses. They cannot
handle all the calls they are receiving, and "mutual aid" is no longer "mutual."
c. Restoration of the Deputy Chief position to ensure contingency among shifts,
coordinated training, a "second in command." Chief Lock noted South
Burlington is the only career department in Vermont without this position.
Emerging issues include:
a. Recruitment
b. Retention
c. Leadership and administration
d. Fire stations: accommodation for diversity, windows/doors, general rehab,
and fire sprinklers (the Chief noted this is the only station he has ever worked
in without sprinklers. They are required in city buildings, but the Fire Station
hasn't got them)
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The Chief then spotlighted the following:
a. The operational staff—who never complain and have made sacrifices too
numerous to name
b. Prevention staff—focused on customer services and insurance that codes are
followed
c. People leaving because they are "sick of working all the time." The Chief
stressed that they won't survive another summer like 2022.
8. FY24 Budget: Council discussion of the overall budget prior to the public hearing
and provide direction to staff:
Ms. Baker noted that the next Council meeting will include a public hearing on the budget.
Ms. Emery said she supports the 5.75% increase as they need to meet the needs of a growing
population. Ms. Riehle said she is there as well.
Sen. Chittenden said he is generally in the same ballpark. He asked which positions are being
funded. Ms. Baker said one FTE in Parks Maintenance, one Police Officer, a 30th Firefighter and
a Deputy Fire Chief, and 6 months of 6 people to staff the second ambulance. Sen. Chittenden
said he supports that.
Mr. Barritt said they have no choice if they want to continue to provide city services. He also
cited the issue of inflation.
Ms. Riehle said if they don't provide these things, the city will lose more good people. She
noted that for the next year, she is looking to support the Climate Action Plan with ARPA money.
After that, it will be in the general budget.
Sen. Chittenden asked about reducing the City Center reserve fund, though he did not advocate
for that. Ms. Baker said they did consider that, but it would create a hole they would still have
to climb out of in the future. She stressed that the TIF is performing very well. Some buildout
and redevelopment is still needed.
Mr. Barritt said he hoped the city can find good people to hire. He urged getting into the High
School as soon as possible. Ms. Baker noted that one of the new Police Officers is a SBHS
graduate.
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Ms. Machar noted that the new CIP includes the Spear Street project.
Mr. Barritt cited the need to educate the public about the proposed budget.
Ms. Baker said she will put together a summary for the 17 January meeting. She also thanked
Ms. Machar for her work on the budget.
9. Discuss regulating heating systems in existing residential and commercial
properties and possible direction to staff:
Ms. Baker reviewed the history and asked if the Council wants staff to explore this. Mr. Barritt
said there is still no answer as to whether the city can charge a fee for non-electric systems.
A majority of members asked staff to explore this.
10. Discuss ARPA allocation next steps and provide direction to staff:
Ms. Baker said there are a lot of requests.
Ms. Emery reviewed her ranking of requests. She noted that for city staff to implement the
Climate Action Plan would add up to $1,980,000. Other items include dog waste bag
dispensers, ($70,000), $200,000 to leverage money for a shared use path on Hinesburg Road,
$50,000 for a replanting plan. Questions include things from the Energy Committee and
Planning Commission, Economic Development and a cultural plan
Ms. Emery also questioned what could be done regarding childcare and said she would like Ms.
Dooley to look into this. Ms. Riehle said she thought this was an important piece but didn't
know a dollar figure. She thought they might look into grant money.
Ms. Baker asked if there are areas to continue to explore and when should staff come back to
the Council. Ms. Riehle said ARPA money doesn't have to be allocated in the next month or 2.
She also hoped Legislators could do something with ARPA funds and noted that childcare is a
huge issue state-wide. Mr. Mittag said there are vacant buildings that could be used for a
childcare center. He cited the former Sears Auto building at UMall. Ms. Riehle said the city
doesn't own that building. She suggested a group could explore options and come back to the
Council with information (e.g., possible partners).
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Ms. Baker said she will come back to the Council in February re: childcare and leveraging funds.
She suggested a robust discussion in April.
Ms. Riehle suggested a small amount of money for a consultant to do some of the research.
Ms. Emery said she would rather use the money for something the city needs.
Ms. Emery also spoke of her concern with housing turning into airbnbs. She said she is
contacted every week about this.
11. Discuss and approve the annual City Manager's evaluation process and potential
contract renewal:
Ms. Baker referred to her memo and outlined a proposed timeline. She said she would like to
re-negotiate her contract. She was not looking for any changes in FY24. One change she is
suggesting is to add a key stakeholder evaluation (e.g., unions, South Burlington Land Trust,
School District, committee members).
Ms. Riehle noted that on the form they fill out, there is a section on supervision. She didn't feel
able to evaluate skills of supervision of staff. She suggested eliminating that. Ms. Baker said
that feels awkward to her as that is about 60% of how she spends her time. She suggested
evaluating it under "leadership comments."
12. Other Business:
Ms. Emery asked if there is any news on the request for ARPA funds for the Wastewater
Treatment Plant. Ms. Baker said the city is definitely not in the running for that. However, if any
funds remain after the allocations to smaller communities, the city could be in the running for
those funds.
13. Consider entering a possible executive session to consider pending litigation and
the evaluation of public employees:
Mr. Barritt moved that the Council make a specific finding that premature public knowledge of
pending civil litigation and employment and evaluation of a city employee could put the city at a
substantial disadvantage. Ms. Emery seconded. Motion passed unanimously.
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Mr. Barritt then moved that having so found, the Council meet in executive session to discuss
civil litigation and employment and evaluation of a city employee and to invite into the session
Mr. Mc Neill, Ms. Lafferty and Ms. Baker. Ms. Emery seconded. Motion passed unanimously.
The Council entered executive session at 9:21 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 9:50 p.m.
(2IF ,/
Clerk