HomeMy WebLinkAboutMinutes - City Council - 09/05/2023 CITY COUNCIL 5 SEPTEMBER 2023
The South Burlington City Council held a regular meeting on Monday, 5 September 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,T. Barritt, T. Barnes, A. Chalnick
ALSO PRESENT:J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City
Attorney; P. Conner, Director of Planning &Zoning; M. Machar, Finance Director;T. DiPietro,
Public Works Director;J. Nadeau, Water Superintendent; W. Elliott, D. Bugbee, M. Mittag, R.
Doyle, L. Bailey, A. Demetrowitz, P. Dragon, R. Nehan
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:
Mr. Mittag asked for an update on the conservation easement for Wheeler Nature Park. Ms.
Baker said the next step is to stake the property, and they are waiting a quote from the
surveyors to do that. This is taking somewhat longer than anticipated because surveyors are
involved with work as a result of the recent flooding in the State. Mr. Mittag said the Lake
Champlain Land Trust may be interested in the Hubbard property. Ms. Baker said to have them
contact her.
4. Announcements, Councilor's Reports from Committee Work, and City Manager's
Report:
Council members reported on meetings and events they had attended in recent weeks.
Ms. Baker: Committee openings are being advertised. Applications are due by 13
September.
The Dorset Street signal project is on-going. Ms. Baker thanked people for their
patience.
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The pride parade will be held on Sunday. All are invited to join.
Thanked Mike Pieciak for speaking at the Police awards dinner.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Vermont Community electric Vehicle Charger Program grant
applications for Police Station and Public Works
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded.
Mr. Chalnick asked why there were only 4 chargers at the locations. Ms. Machar said 4 was the
limit that could be applied for (4 at each location).
Mr. Bresee said there are some reservations as to where these can be installed, so he suggested
the city move slowly.
In the vote that followed, the motion passed unanimously.
6 (formerly#13). FY25 Budget: Discuss and Approve the FY25 Budget Schedule:
Ms. Machar noted the budget discussions will be in a line with discussions on the City Plan. She
suggested the Council set a date for a budget retreat. She suggested Friday, 15 December either
from 9 a.m.-1 p.m. or from Noon-4 p.m., with lunch provided. Members were OK with that.
6. Public Hearing on Champlain Housing Trust's Vermont Community Development
Program (VCDP) application to support Feeding Chittenden:
Ms. Demetrowitz stated that the project will be located in Burlington's Old North End at what
was formerly known as the Chittenden Emergency Food Shelf. She noted that CHT manages the
building. In recent years, the programs have grown tremendously and the demand has
increased. Ms. Demetrowitz then introduced Paul Dragon and Rob Nehan to review the
application.
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Mr. Dragon said the proposed Community Resource Center used to be the VFW. They wanted
to serve people experiencing homelessness, and the need to support the unsheltered would
continue now at Feeding Chittenden. They have received some funding from the City of
Burlington to increase the space and have completed renovations. They can now serve healthy
meals daily from 9 to noon. In the past year, 2300 people were served with 26,000 visits
recorded. 38,000 meals were provided as well as other services. People being served have a
variety of issues including medical conditions, substance issues, mental health issues, etc.
Mr. Nehan said that over 20,000 people in Chittenden County are experiencing food insecurity.
The Feeding Chittenden facility employs 20 staff people who make and distribute food and
teach various skills. There is also a food truck that goes throughout the county to serve food.
There is a food pantry on site which serves 300 people a day and can meet special needs. They
have also created an on-line market where people can order food and have it delivered to
classrooms and home throughout the Champlain Valley. The project required a budget of
$1,500,000.00 a year.
Ms. Demetrowitz said that homelessness is a regional problem. The reason South Burlington is
being asked to provide support for the program is that the City of Burlington cannot apply for
VCDP funds. They are a CDBG entitlement community and funds from Burlington are provided
directly from this funding pool at the City. The key is the building addition (she showed the
plan). It will be expensive to build because of the tight urban site and contaminated soils issues.
They are asking South Burlington to support the application. The grant would pay for any
administrative time, City Attorney's time, and the audit.
Ms. Baker said VCDP funding is a very powerful tool which can bring in more funding in the
community over time. The aim is to regularly access this funding for the community.
The Public Hearing was opened. Public comment was then solicited. There was no public
comment.
Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
7. Approve the City submitting a Vermont Community Development Program (VCDP)
application on behalf of Champlain Housing Trust to support Feeding Chittenden:
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Ms. Emery moved to approve the submission of the Vermont Community Development
Program grant application on behalf of Champlain Housing Trust to support of Feeding
Chittenden as presented. Mr. Barritt seconded. Motion passed unanimously.
8. Approve Resolution 2023-17 to make school zones in the City 25 mph in
accordance with state statute:
Mr. DiPietro noted that they had to change the proposed 20 mph to 25 because that is what the
State allows. He thanked the Police Department for pointing this out. Ms. Baker added that the
only way you can lower the speed limit to 20 mph is if it is in a designated downtown.
Mr. Barritt moved to approve Resolution 2023-17 to make school zones in the City 25 mph in
accordance with State statute. Ms. Emery seconded. Motion passed unanimously.
9. Receive a presentation on the recent Utility Rate Study and discuss next steps:
Mr. DiPietro noted that there had not been a rate study for a long time, and with some major
projects coming up they wanted to be sure there would be enough money to pay for them. This
is also a good opportunity to modernize the ordinances. He then introduced Wayne Elliott of
Aldrich and Elliott who did the rate study.
Mr. Elliott began by reviewing the project study goals which including looking at how customers
respond to rate increases, availability of billing resources, contractual rate obligations, the level
of current and future costs and the impacts o rate changes on vulnerable populations. He then
outlined the study's objectives:
a. Yields necessary revenue in a stable and predictable manner
b. Minimizes unexpected changes to customer bills
c. Discourages wastefulness
d. Maintains simplicity
e. Complies with State laws/statutes
Mr. Elliott noted that at present the City charges only a usage rate and does not have a "base
rate" or fixed fee. He also noted that in the past, rate increases have been held to under 3%
which has not allowed the City to keep up with inflation and capital expenses. Mr. Elliott
stressed that this is not sustainable in the long term.
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The FY23 water rate is $36.21 per 1000 cu. Ft. The average customer uses 58,994 gallons/year
which amounts to$290.40. This is one of the lowest rates in Vermont. CWD provides water
and sells it at a wholesale rate. Their rate increases range from 3.4%to 9.5% annually, which
puts the City behind. Since 41%of South Burlington customers pay the minimum,this is also a
challenge.
Mr. Elliott then outlined 4 options for dealing with these issues:
A. Just bill for usage
B. Create a fixed rate and usage charge
C. Create different fixed rate for residential and commercial usage but keep the
usage rate the same
D. Create a fixed rate based on meter size (this is common in larger
communities)
The study is recommending going with the third option, having a non-residential fixed rate at
twice the residential rate. The usage fee would be the same for all categories, and the
minimum usage fee would still be based on 1000 cu. ft.
Mr. Elliott then showed water rate projections for residential uses based on the
recommendation. By FY26, the City should be able to cover the debt costs for capital projects.
He also showed the same projections for non-residential customers. There is also a
recommendation to phase in the increases, so they are easier for customers to manager.
The study also recommends increasing the water allocation fee from $3.00/gallon to
$9.59/gallon by FY26. This could be reduced if the City receives additional grants for the
projects. There could also be a 50% reduction for affordable housing. There is no
recommended change for the water connection fee.
Mr. DiPietro noted that the City should be receiving a $500,000 grant from federal ARPA funds.
Ms. Baker said the City is facing the challenge of becoming less competitive for these grants.
The study includes recommendations for some updates to the Water Ordinance (terminology,
etc.).
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With regard to sewer rates, Mr. Elliott said the FY24 rate is $48.20 per cu. ft. The average
residential customer pays $385.56/year, one of the lowest in the State. In the FY24 budget, the
loan payment is $1,155,648 of which the Town of Colchester pays $742,310.
Sewer rate alternatives were the same as for water, but the recommendation is to go with the
first alternative with no changes in the rate structure because of the agreement with Colchester.
The usage fee would be the same for all customers and there would be no fixed rate. The fee
for FY24 is $14.57. The calculated fee should be $33.39 by FY27, but that is too high, so the
recommendation is to lower it to remain competitive and to give a discount for affordable
housing. In addition, if allocation fees come in well, the City could back down on the increases.
There are no recommended changes for the sewer connection fee.
Mr. Chalnick noted that 41% of customers would pay twice what they pay now for using less
than 1000 cu. ft. He felt that was harsh. Mr. Elliott said that is a tough category, but he noted
that other providers, such as cable TV charge for just the cost of service. The aim is to have
people pay a fair share of fixed expenses. Mr. Chalnick said that still seems unfair to him.
Ms. Emery said she would be open to having people who use less than 500 cu. ft. getting a
rebate. Mr. Chalnick said that people who use more water should pay more. He suggested that
if you use less than 500 cu. ft., you shouldn't be charged the usage fee. Ms. Baker said staff can
provide that analysis.
Mr. Barritt said large multi-family units have no incentive to conserve water because the
building gets only one bill. Mr. Elliott said that was why they included the option for the meter
size, but that would put the burden onto an office building which does not use as much water.
Mr. Barritt suggested that a building with 40 units pay 40 times the base rate. Mr. Elliott said
that would be a huge increase and could affect the incentive for multi-family housing.
Mr. Chalnick suggested just going back to the usage rate. He felt the base rate makes no sense
or go to minimum usage. Mr. Elliott said increases will be greater for people at the lower end if
there is no base rate.
Mr. Barritt asked for the following data: the average cost per gallon for a single family home and
for a multi-family unit. If it's grossly inequitable, he would want to fix it.
10. Approve a development agreement with Joe Larkin to support the redevelopment
of the Holiday Inn site:
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Mr. Barritt moved that the Council meet in Executive Session for the purpose of discussing
contracts. Ms. Emery seconded. Motion passed unanimously
Upon returning from the Executive Session, Mr. Barritt moved to authorize the City Manager to
execute a development agreement with Joe Larkin for the property at 1068 Williston Road in a
form substantially like the draft provided. Ms. Emery seconded. Motion passed unanimously.
11. Approve the expansion of our Neighborhood Development Area to include the
north side of Williston Road:
Mr. Conner explained the 2 layers of development in City Center, one of which is the
Neighborhood Development Area. The proposal is to extend that area to the northern and
eastern extents of the Form Based Code area. This will help developers pay less for Act 250 or
not have to go through Act 250 at all.
Mr. Conner noted that agreements have to be renewed periodically, and the city is up for
renewal in a few months. The proposal would add the Joe Larkin properties to the renewal.
Ms. Emery moved to approve the submittal of the application to expand the Neighborhood
Development Area to the north and the east within the City Center Form Based Code area as
presented. Mr. Barritt seconded. Motion passed unanimously.
Ms. Emery then moved to authorize the City Manager to enter into community investments
agreements with Snyder-Braverman, Eastern Real Estate, and Larkin Realty in support of the
upcoming New Town Center renewals in a form substantially similar to draft agreements
presented in the City Council packet. Mr. Barritt seconded. Motion passed unanimously.
12. Review the City Charter in advance of receiving the Charter Committee's report on
September 18, 2023:
Ms. Emery said she made the request because at the last City Charter Committee meeting a
member of the public was concerned that residents' voices are not equitably represented at the
policy making tables. She also noted that in a public survey, many members of the public were
looking for ways to gain more power.
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Ms. Emery noted there is a provision in the Charter for neighborhood forums. She felt these
forums are needed to bring issues to the City Council. She also felt it would be good for the City
Charter Committee to look at this portion of the Charter.
Ms. Riehle asked what the Committee would bring to the Council about this. Ms. Emery said
there is a lack of knowledge about this option. She wanted the Committee to look at
neighborhood forums with regard to their report.
Ms. Riehle said it might be just as effective for the Council to have that discussion. She felt it
was up to the Council to share with the community that this option is available and that the
Council is very responsible to constituents.
Ms. Baker stressed that there is a significant difference between access to government and
governance. The City Charter Committee was tasked to look at governance, and the Council
should let them present their findings.
13. Approve a Voting Delegate for the Vermont League of Cities and Towns Town Fair:
Ms. Baker said the Town Fair will be held in South Burlington this year on 26 and 27 September,
and the City would pay for Council members to attend. She will provide the agenda.
Mr. Barritt moved to designate Jessie Baker as voting delegate for the Vermont League of Cities
and Towns Town Fair. Ms. Emery seconded. Motion passed unanimously.
14. Other Business:
Mr. Barritt noted a problem at Allen Road/Shelburne Road with temporary paint markings that
have eliminated the right turn lane. He noted he contacted the person responsible for painting
who said this is temporary. He suggested taking a picture of this and sending it to her.
Ms. Emery suggested a public discussion regarding the winter parking ban. Ms. Baker said it is
already on the 16 October agenda.
15. Executive Session:
Mr. Barritt moved that the Council make a finding that premature public knowledge of labor
relations agreements and specifically the collective bargaining agreement with the South
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Burlington Career Fire Fighters Association Local 3671 would clearly put the city at a substantial
disadvantage. Ms. Emery seconded. Motion passed unanimously.
Mr. Barritt then moved that having so found, the Council meet in executive session to discuss
collective the bargaining agreement with the South Burlington Career Fire Fighters Association
Local 3671, inviting into the session Ms. Baker, Chief Locke, and Mr. McNeil. Ms. Emery
seconded. Motion passed unanimously.
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 10:25
p.m.
Clerk