HomeMy WebLinkAboutMinutes - City Council - 04/03/2023 CITY COUNCIL 3 APRIL 2023
The South Burlington City Council held a regular meeting on Monday, 3 April 2023, 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, T. Barnes, A. Chalnick
ALSO PRESENT:J. Baker, City Manager; C. McNeil, City Attorney; D. Kinville, City Clerk; Deputy
Chief, T. Francis; D. Brayton, HR, P. Conner, Director of Planning &Zoning; S. Reeves, CSWD; Fire
Chief B. Soter and S. Kelly, Vermont Air National Guard,J. Stephens, C. Trombley, P. Stabler, D.
Peters, J. Holliday, B. Sirvis, C. McDonald, A. McHenry, S. Dooley, Anna 0, B. Companion,J.
Bellevance, J. Louisos, L. McDonald, S. Connelly, C. Easton, N. Senecal, E. Spooner, J. Abrams
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:
Mr. Barnes asked to add discussion of concern about City Center housing to Other Business.
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 the appointment of Fire Chief Steve Locke as the new Deputy City
Manager. Chief Locke will continue to serve as Fire Chief. A Deputy Fire Chief position is now
being advertised.
A site plan application has been received for Lot A in City Center (between the
Poon property and Garden Street). The application is for 213 residential units and first floor
commercial space.
The Transportation Implementation Group is continuing to meet as part of the
Climate Action Plan.
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3 APRIL 2023
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Green-up day is 6 May.
The City has been awarded 2 transportation grants and also received initial
approval for$1,000,000 toward the water tower.
The winter parking ban is now over.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from 9 March and 20 March City Council meetings
c. Appoint Laurie (Lawrence) Smith and Fran (Francis) McDonald to the Planning
Commission for terms ending June of 2024
d. Appoint John A. Moscatelli to the Development Review Board for a term
ending June of 2025
e. Approve request for Exemption to Connect to Public Wastewater System for a
proposed ADU at 1505 Dorset Street
f. Approve submission of a State of Vermont Municipal Highway Class 2 paving
grant to fund paving a section of Spear Street and approve the Certificate of
Compliance
Ms. Emery noted that in the Minutes of 20 March, top of p. 10, Mr. Barnes did not vote against.
He abstained.
Mr. Barritt asked when the section of Spear Street was last ground down and paved and asked if
this is normal wear and tear. He noted that a freeze-thaw cycle does cause havoc. Ms. Baker
said Mr. DiPietro will be at the next meet and can address that question then
Mr. Barritt also asked if Senate bill 5-100 passes, will the city be required to force the applicants
in item e to connect to the sewer system. He supported the exemption under today's rules.
Ms. Riehle moved to approve the Consent Agenda with the noted amendment to the 20 March
minutes. Mr. Barritt seconded. Motion passed unanimously.
6. Receive and approve the Chittenden Solid Waste District FY24 Budget:
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Ms. Reeves reviewed the history of CSWD. She then showed a pie chart of their sources of
revenue including tipping fees, sale of products, and a management fee collected from haulers.
She stressed that they do not receive any revenue from member towns.
CSWD administrative offices have just moved into 19 Gregory Drive in South Burlington.
Ms. Reeves said they are doing very well at diverting materials from the landfill. About 61% of
materials is recycled, but they feel that even more could be diverted.
The proposed budget includes an estimated $15,400,000 in revenues and $14,400,000 of
expenses. The balance will go into the reserve account.
Haulers are charged $27 a ton which has not changed in 10 years. The hope is that this number
will go down because they want to see trash go down.
At the Materials Recycling Facility, there will be increase in the tipping fee from $80/ton to
$85/ton as the contract to run the facility has increased. They are budgeting material sales
conservatively as the markets are stable but still depressed.
The Organic Diversion Facility tipping fee will increase from $65/ton to $70/ton. They lost a lot
of money to a facility in Williston that handles packaged food that cannot be consumed.
The drop-off centers are budgeting in the red. They will increase the cost of a small bag to $3, a
medium bag to $8, and a large bag to $11. They will also be changing the schedule from
Tuesday through Saturday for the drop-off centers, except for Hinesburg.
Ms. Reeves noted staffing challenges. They are seeing a 7% COLA adjustment, and
compensation for employees is up 1.4% compared to FY23. They have also moved employees
to a higher deductible medical insurance package.
There is a healthy balance in the capital reserve except for handling the potential landfill closing.
They do not know what treatment will be required, so they do not yet know the cost.
Mr. Stabler thanked Ms. Reeves and her staff and thanked Ms. Baker for finding them their new
offices. Ms. Baker noted that the move-in began today.
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Mr. Barritt asked how they measure "what could have been recovered." Ms. Reeves said this is
through a state study. They can see what should have been diverted and measure that against
the population. Ms. Reeves also explained what might happen if the bottle bill is expanded. It
would increase the cost of recycling in the State, but because it is only paper and cardboard, it
won't have that much of an affect.
Mr. Barritt then asked when they will be accepting credit cards. Ms. Reeves said she has been
told that will happen this summer. She noted that the fees are enormous.
Mr. Chalnick asked what is being done to keep things out of the landfill. Ms. Reeves said she
could provide examples of success stories. The real opportunity lies with the commercial sector.
Mr. Barnes said some praise could help. Ms. Reeves said they have talked about it, and there
are many possible approaches. Ms. Emery suggested reaching out to such entities as restaurant
associations. Mr. Chalnick asked if they could charge more to those restaurants that don't
comply. Ms. Reeves said they prefer to educate instead of enforce.
Mr. Barnes asked how much the Williston closure would cost. Ms. Reeves said it is money for
any possible extensive treatment, potentially in the hundreds of thousands of dollars. There are
still some "unknowns."
Ms. Riehle asked how long the landfill in Coventry can be used. Ms. Reeves said it is owned by
Casella, and they have 20 years left. The concern is they will be approved for another "cell."
Landfills take a long time to permit and build, so that conversation is beginning now. There is
also not a lot of available land, and hundreds of acres are required.
Ms. Riehle then moved to approve the CSWD budget as presented. Mr. Barnes seconded.
Motion passed unanimously.
7. Receive an update from Vermont Air National Guard Fire Chief on community
engagement and mutual aid:
Chief Soter reviewed the city's history with the Guard. He said that as Fire Chief he is looking to
build on the robust relationship with the city. He noted that they are a cost-free resource. They
are also filling more and more of the city's needs, and Chief Soter anticipated that will be even
more into the future.
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Chief Locke said the city's Fire Department and the Guard Fire Department are almost one Fire
Department. The city relies on the Guard almost every day. Chief Locke explained that he can't
deploy 15 Firefighters to a fire, which is a requirement, without the Guard Firefighters. He
added that they are looking at GIS data to see if there is an area of the city for which the Guard
can be responsible. They may also be looking at adding a Burlington unit for structure fires.
Mr. Kelly said the Guard provides advance life support, hazmat response, extrication, public
outreach and education. They host Skills USA and proctor exams. He said South Burlington-
Guard relationship is a "dream relationship." 50% of the Guard participants volunteer in
communities, so the Guard brings a high level of service to the community.
Ms. Emery said she has heard of a need for mitigation around the base because of a foam issue.
Mr. Kelly said the foam they use was approved by the EPA. They are now trying to secure a
chlorine-free foam which will replace what they currently use by October of 2024. Regarding
the clean-up, drinking water is a priority, and they are not involved in that phase. Mr. Kelly
added that they use foam only in an emergency. They do not train with it.
Mr. Chalnick asked about the potential hazard of an F-35 crash. Chief Soter said they are trained
and ready for any aircraft crash. He stressed that there is no difference between the crash of a
commercial air crash and an F-35 crash.
Mr. Barritt asked what the Guard responds to at the Airport. Chief Soter said they respond to
inflight emergencies, crashes, aircraft fires, medical emergencies, etc.
Mr. Barnes asked what the ramification would be if the city and Guard relationship were to end.
Chief Lock said the city would need another fire station. Mr. Barnes then asked how to make
the relationship better into the future. Chief Locke said he and Chief Soter want to
Maximize the relationship and help it to grow. Chief Soter stressed that they are present
because of the F-35s.
Ms. Emery asked what foam South Burlington uses. Chief Locke said it is the same as the Air
Guard's. He noted that South Burlington relies on the Guard as the city does not have the
ability to put out a car fire. Mr. Kelly said the Guard is the only entity in the State with the
ability to handle a large Class B fire. They are also the only entity with the federal exemption to
use the foam.
Ms. Riehle said it is reassuring to hear of the mutual relationship the city has with the Guard.
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8. Consider signing on to Settlement Agreements with Teva,Allergan, CVS, Walmart
and Walgreens that would enable the State to maximize the return to Vermonters:
Ms. Abrams of the Office of the Vermont Attorney General reviewed the history of opioid
settlement in the State since 2021. She noted that the proposed Settlement Agreement is
structured in the same way as the previous settlement. The aim is to abate the opioid crisis,
and Ms. Abrams noted that however much they receive, it won't be enough.
Ms. Abrams noted that Vermont uses a "default mechanism" to appropriate funds. 15%goes to
municipalities, 15%to the State, and 70%to the Opioid Abatement Council. In order for
Vermont to get the maximum amount of money, the settlement is structured with a base
amount and then "incentive payments." Eight municipalities with large populations must sign
on to get those "incentive payments" There are also several municipalities that have sued the
companies independently. Signing on means a community agrees to use the funds to abate the
opioid crisis. Ms. Abrams noted that last year South Burlington received 2 payments of$15,000
each plus one payment of$60,000 as part of the first settlement. Ms. Baker noted that the
funds are ready to be allocated, and staff will be bringing recommendations to the Council for
that allocation. Mr. Barritt said the School Board should be involved in that conversation.
Ms. Abrams noted that there is a document which outlines the many ways to spend the funds.
There is no time limit for when the funds must be spent.
Ms. Riehle said there is no down side for the city to sign on, and these funds are very important.
Mr. O'Neil said all that the city gives up is the right to sue the companies independently.
Mr. Barritt said every place in the country has been touched by the opioid situation. Those
companies have damaged and killed many, many people nationwide, and they need to answer
for that.
Mr. Barritt moved to sign onto the settlement agreement with Teva, Allergan, CVS, Walmart and
Walgreens as presented. Ms. Riehle seconded. The motion passed 4-0 with Mr. Barnes
abstaining. When asked why he had abstained, Mr. Barnes said he cannot be objective. He has
lost family members to opioids, and $39,000,000 doesn't seem adequate.
9. Discussion on the City Clerk's retirement and filling the position until Town
Meeting Day 2024:
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Ms. Brayton said Ms. Kinville will be leaving in August prior to the end of her term. The City
Council has to appoint a person until the March election. A strategy and plans have been put
together for a timeline. The job description will be finalized in April, and the position will be
advertised locally. Human Resources will compile applications for the Council to decide which
candidates to interview. The intention is to have a person on board to overlap with Ms. Kinville
in May and June. Ms. Baker said there will be many opportunities to celebrate Ms. Kinville. She
also said that she, Ms. Brayton and Ms. Kinville would like to be involved in the process.
Ms. Riehle said the job description should include the fact that the City Clerk is part of the
Leadership Team, despite the fact that it is an elected position.
Ms. Kinville stressed that there is not a lot of experience in the Clerk's office at this time, so the
hope is to have someone on board by June 1. Ms. Baker said she is holding time on the 1 May
Council agenda for interviews. The Council would then identify its first choice. Negotiations
with the candidate would then follow. The appointment would be announced at the 15 May
Council meeting.
Ms. Riehle suggested that depending on the number of applications, there might be a smaller
group to screen applications. Ms. Emery and Mr. Barritt agreed to do this.
10. Receive an update from staff on regulating rental properties, short-term rental
properties, and enforcing and educating on these requirement and provide
direction:
Mr. McNeil reviewed the history. He said it was felt that the best way to address the issues was
to provide the Council with a draft ordinance and have them make any changes they suggest.
Mr. McNeil noted that the ordinance creates a registry of all rental properties.
Chief Locke said there is also increased capacity to inspect all rental housing. Other elements of
the ordinance include the requirement that there be a "building contact" located in South
Burlington, and a provision that there can be up to 2 weeks of rental per year without being in
the registry. There is a $100.00 per unit fee. For a new building, that fee would be waived for 3
years. A 40-unit building owned by one owner would have a reduced fee. The inspection cycle
will be similar to that in Burlington. If there are no violations, there would be no inspection for
5 years unless there is a complaint. A tenant could also sub-let an accessory dwelling unit.
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Mr. Barnes asked why this is happening. Chief Locke said this is what other communities are
doing, and it puts the homeowner and the tenant(s) on an equal footing.
Mr. Conner said about 20% of rentals involve room(s) within a building and 40 or so the rental
of a whole house. There are about 4000 rental units in the city out of a total of 10,000 units.
Ms. Riehle asked about summer rentals along the Lake. She did not believe there were many.
Mr. Conner said he couldn't think of any.
Ms. Emery asked if owners have to provide liability insurance. Mr. McNeil said they do or they
can use Airbnb insurance. They also have to sign up to pay the rooms & meals tax or have
Airbnb do that for them.
Ms. Emery asked whether renters can hold weddings, parties, etc. Chief Locke said the owner is
required to provide information to the tenant about the Noise Ordinance. Mr. McNeil said this
becomes an enforcement issue. Ms. Emery also questioned whether the fines are stiff enough.
Chief Locke said there are some rentals that people should not be living in, and those people do
not call in to complain. There have been 55 complaints in 2 years.
Mr. Spooner said that electrical would be the most expensive thing to get up to code. Chief
Locke said that problem would be mostly in conversions. Newer apartment buildings are mostly
up to code.
Ms. Emery said one of the Council's goals is to incentivize home ownership. Ms. Baker added
that the city wants to ensure that half of the population is in quality rental stock for their own
health and well-being.
Mr. Barritt asked what the requirements are when a single family home changes hands in the
city. Mr. Spooner said that depends on the year of the home. It would have to be hard-wired,
and most newer stock is. Mr. Barritt said that ethically if you take money from someone to live
in your building, you need to provide up-to-date electric and lead abatement.
Mr. Conner noted that the project team on this issue had a 2-point discussion: the core issue
and orbital issues (building codes, energy codes, Certificate of Compliance, etc.). In the short
term they are focusing on the core issues. Mr. Chalnick said he supports the short-term part of
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PAGE 9
this. He would also like to know what the State is doing. Chief Locke said he believes the State
would expect a community to do its own inspections.
Mr. Chalnick asked whether the fees would cover administrative costs. Chief Locke said a "back
of the napkin" estimate says they will. One person for administrative support and 2 or 3
inspectors would be needed. They can go back and do some projections.
Ms. Senecal said airbnbs are only 1%of the housing stock. She didn't think the city would gain a
lot. She said she owns a house and rents a room in it. It's not short-term. It's the only way as a
single parent that she can afford to own a home. She is concerned with the "over-regulating"
approach. She said there is a need for short-term housing (3-6 months) in the city, and she is
often approached for space. She was concerned that getting everything to code could be
expensive. She also asked if this ordinance would include "roommates."
Mr. Trombly noted that a lot of long-term rentals are now month to month. He questioned
whether those are still "long-term." Chief lock said "probably."
Ms. Dooley thanked those who worked on this and noted it has been on the plan for the
Affordable Housing Committee to preserve long-term rentals. She felt short-term rentals should
be regulated before this becomes a bigger issue. She did not feel there should be an exception
for lakefront property.
Ms. Baker said staff can provide cost projections for the second meeting in May or early June.
Chief Locke asked if the Council wanted to prohibit "gatherings." Members indicated they
would support that.
11. Receive and accept amendments to the Land Development Regulations#LDR-22-09
and possibly set a Public Hearing for 1 May 2023 at 7:30 p.m.
Ms. Louisos said the Planning Commission worked on the language the Council asked for. If the
Council wants to adopt that language, they will have to warn a public hearing.
Ms. Emery expressed concern regarding reverting to a 50-foot buffer for some homes. She said
there were sound reasons to go to a 100-foot buffer. She also didn't want to create new
situations like the damage to the home they heard about. She had no problem with the
retaining wall or steep slopes.
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Mr. Chalnick reviewed the history of the amendment at the Planning Commission. He said that
initially he agreed with Ms. Emery, but he was persuaded because of coverage ratios. He also
cited the need to maintain the community's good will. He noted that the Planning Commission
unanimously approved sending this to the Council. Mr. Chalnick also noted that a handful of
lots become undevelopable under the 100-foot buffer rule.
Ms. Louisos said there were some other pieces to the discussion. When the Commission
discussed going to 100 feet, there were already areas with small lots where that extra 50 feet
was lawns, and the city wasn't getting more of a buffer with the 100-foot rule. The Commission
also had a conversation as to what the impact is to a wetland from a patio and/or shed.
Typically, the impact is very small and water flows off them. They are not as critical as a parking
lot. The Commission felt the impact didn't match up with what they were hearing from the
landowners, and they preferred to have those landowners "on our side." Ms. Louisos stressed
this does not involve going into a highly vegetated buffer.
Ms. Emery was concerned that 50-60 years from now when there could be stronger storms.
She was also concerned that the rules wouldn't have meaning any more. She didn't want to see
a porch that could turn into a habitable space.
Ms. Riehle said she supports accepting the language presented at this meeting and scheduling a
public hearing. She said Mr. Conner responded to the Council's directions, and it appears this
language is in keeping with the Planning Commission's discussions.
Mr. Barnes said these homeowners have been going through hoops for a long time. They are
trying to do things right. He felt the Council has a responsibility to be responsive and timely. He
favored setting a public hearing.
Mr. Barritt said hearing from Mr. Chalnick and Ms. Louisos, he was comfortable with the
language. He didn't feel it would have much impact at all.
Ms. Easton said that when she comes to the Council she feels like she is fighting against an
injustice. She also feels she is in a "catch 22" because of contradictory regulations. For
residents in those small lot homes, their home is their biggest investment. She hoped the
Council could come up with regulations people can accept.
Mr. Chalnick wondered if adjusting the language to state something like "as long as the repair
doesn't have a negative effect."
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PAGE 11
Ms. Riehle then moved to ask the Planning Commission to take this up at their next meeting
and come back at the 17 April meeting with potential language to address concerns. Ms. Emery
seconded. Motion passed unanimously.
12. Approve the use of up to $30,925 in General Fund Fund Balance to support one
crossing guard at the Rick Marcotte Central School for the remainder of the 2022-
2023 school year and purchase a speed radar sign at the Gertrude Chamberlin
school zone:
Ms. Baker said immediately after the last Council meeting, Public Works and the School people
spent significant time discussing traffic concerns in City Center. The items presented tonight
require City Council action. At the 17 April meeting, the Council will get a traffic manual that
Public Works has been working on for many months.
Mr. McHenry thanked the Council for attention to this concern and its urgency. School people
are very nervous that another tragedy will happen, and they are trying to prevent it. He asked
for better communication with construction people so the school can know when there will be
trucks coming and going, especially if this is at times when students arrive and leave.
Ms. McDonald said she has communicated with the developer. They have also had training
from the Police Department as to how to handle children crossing streets.
Ms. Emery asked if there has been thought of crossing guards in future years. She said she has
heard there may be a traffic light following the results of a traffic study. Ms. Baker said they
should have those results by October, so any need could be built into the FY2025 budget.
Mr. Barritt moved to approve the use of up to#30,925 of the general fund fund balance to
support one crossing guard at Marcotte Central School and the purchase of a speed radar sign
for Chamberlin School. Mr. Barnes seconded. Motion passed unanimously.
Mr. Barnes asked if there is anything else the Council can do now. Ms. Baker said there are
other things that don't require Council action. Two parking spaces have been removed, and the
developer has installed a path behind the project and removed the screening at the corner.
13. Approve the 2023-2024 Council Liaisons to Committees assignments:
Council members agreed to the following assignments:
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3 APRIL 2023
PAGE 12
Ms. Riehle: Airport Commission; Common Area for Dogs, and Planning Commission
Ms. Emery: Continuing her 3 current assignments
Mr. Barritt: Public Art, Economic Development, Green Mountain Transit (shared with
Mr. Chalnick)
Mr. Barnes: Bike/Ped and Recreation and Parks
Mr. Chalnick: Energy Committee and Green Mountain Transit (shared with Mr. Barritt),
Natural Resources
Ms. Baker noted that the representative to Channel 17 does not have to be a Council member,
so she will be advertising for that position.
Ms. Riehle moved to approve the assignments as discussed. Mr. Barritt seconded. Motion
passed unanimously.
14. Convene as South Burlington Liquor Control Commission to consider the following:
802 Cocktails, LLC, 15t&3rd Class Commercial Caterer; Always Full Asian Market, 2nd
Class License; Applebee's 1st& 3rd Class Restaurant/Bar; Barnyard 15t& 3rd Class
Restaurant/Bar& Outside entertainment permit; Bueno Y Sano, 1st Class
Restaurant/Bar; Catering by Dale/Copper at Dorset, 1st & 3rd Class Restaurant/Bar
& 1st Class Commercial Caterer; Cheese &Wine Traders, 2nd Class License; Club 35,
1st& 3rd Class Club; Double Tree by Hilton, 1st& 3rd Class Hotel, 2nd Class; Eagles
#793, 15t& 3rd Class Club & Outside Consumption; Eco Bean and Greens, 1st Class
Restaurant/Bar; Healthy Living Market & Cafe, 2nd Class License; Higher Ground, 1st
Class Club;Jiffy Mart#145, 2nd Class License; Klinger's Bread, 2nd Class License;
Marco's Pizza, 1st Class Restaurant/Bar; Mill Market& Deli, 2nd Class License; Moe's
Southwest Grill, 1st Class Restaurant/Bar& Outside Consumption Permit; Moose
Lodge#1618, 1st& 3rd Class Club, annual entertainment permit; Old Post,The
Entertainment permit—annual; Rotisserie, 1st&3rd Class Restaurant/Bar& Outside
Consumption;Target Store#T 3306, 2nd Class License; Trader Joe's#527, 2nd Class
License; Vermont National Country Club, (2) 1st Class Restaurant/Bar, 3rd Class & 2nd
Class; Waffle Chalet, 1"Class Restaurant/Bar; Walgreen's, 2nd Class License;
Zachary's Pizza, 1st Class Restaurant/Bar; Zen Garden, 1st& 3rd Class
Restaurant/Bar:
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3 APRIL 2023
PAGE 13
Mr. Barritt moved that the Council meet as Liquor Control Commission. Ms. Riehle seconded.
Motion passed unanimously.
Mr. Barritt moved to approve the license applications as presented. Ms. Riehle seconded.
Motion passed unanimously.
Mr. Barritt moved to reconvene as City Council. Mr. Chalnick seconded. Motion passed
unanimously.
15. Other Business:
Mr. Barnes said he spoke with residents of the apartment building adjacent to the path near the
new construction. They are concerned with safety in and around the building and feel that they
are being forced out because they don't feel safe. They have spoken with the management, and
their issues fell on deaf ears. Mr. Barnes said he didn't know what action the Council can take.
He was particularly concerned because children are now being directed that way to get to
school. One of the major concerns, particularly among senior residents, is that there is no place
for children to play, and they are running through the hallways. One person spoke of feeling
"terrified"
Ms. Emery suggested contacting Summit regarding the insecurity concerns.
Mr. Chalnick suggested some after school programs for the children.
Ms. Baker said she has heard similar concerns from the CHT building. It seems like there are
some service needs that the city can look into including encouraging a "neighborhood" in the
buildings. It was noted that one of the concerns in the CHT building is that garden plots are
being dug up by kids. One suggestion is to fence off the area with a keyed entrance.
As there was no further business to come before the Council, the meeting was adjourned by
common consent at 10:52 p.m.
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