HomeMy WebLinkAboutMinutes - City Council - 09/18/2023 CITY COUNCIL 18 SEPTEMBER 2023
The South Burlington City Council held a regular meeting on Monday, 18 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; P. Conner, Director
of Planning & Zoning; Chief S. Burke, Deputy Chief S. Briscoe, Police Dept.;T. DiPietro, Public
Works Director; M. Machar, Finance Director; M. Lyons, City Assessor; L. Bresee, Energy Dept.;
K. Worden, L. Bailey, B. Sirvis, C. McDonald, D. Peters. D. Albrecht, R. Cassidy, M.Joy, A. Rowe, R.
Doyle, D. Bugbee. P. Tompkins, M. Cota, B. Milizia, L. Yankowski, K. Bailey, E. Fitzgerald, A.
LaLonde, D. Kinville, P. Taylor, W. Coleman, P. Engels, N. Senecal
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. Chalnick asked for a brief discussion of the survey being done by the Common Area for Dogs
Committee.
3. Comments and questions from the public not related to the agenda:
Ms. Sirvis thanked the Council for its questions and concerns regarding the proposed increases
in water and sewer rates. She stressed that she believes in paying her fair share but was aghast
at the lack of understanding on the part of the consultant regarding "use" issues. She noted
there is no incentive for people to conserve water if they are going to be billed whether they
use it or not. Ms. Sirvis said those who use more water, should pay more. She suggested a 500-
gallon minimum and asked the Council to make an equitable decision.
Ms. Riehle noted that there will be further discussion in October with answers to the questions
raised by the Council.
4. Announcements and City Manager's Report:
Council members reported on meetings and events they had attended.
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Ms. Baker: The meeting with the Vermont Economic Progress Council went well.
South Burlington Police and Fire personnel have participated in the Special
Olympics torch run.
The City is in the final stages of completing the Conservation Easement for
Wheeler Nature Park.
A meeting was held with South Village regarding what the "public space" will
look like.
An application has been received for Lot N across from City Hall. It involves 3
buildings opposite Catamount Run. UVM is investing in all of them. The plan is for 187
residential units plus commercial space. The residential units will include larger apartments.
Resident services will be included in the renovated Ho Hum Motel now
converted to residences by Champlain Housing Trust.
There are still no applicants for the opening on the DRB or the Town Meeting TV
representative. Another call has been put out.
The discussions regarding 575 Dorset Street are going well. There will be some
unbudgeted expenses.
Mr. DiPietro updated the Council that the Dorset St. project is going well. They did find some
underground conditions they didn't expect. Work should be completed by March, possibly
before. Poles will be going in soon.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from 17 July 2023, 7 August 2023, 21 August 2023, 5
September 2023
c. Receive the FY23 June and Year End Financials and approve allocating$21,000
to the Health Care Reserve Fund
d. Receive the FY24 August Financials
e. Approve a traffic Impact Fee Credit request for Snyder-Braverman, SP-23-011
and SP-23-035, 225 Market St., 267 Market St., and 113 Garden St.
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f. Designate Stitzel, Page and Fletcher, P.C. as the City's attorney for tax sale
collection
g. Approve entering into an engineering contract to Hoyle, Tanner&Associates
for the upgrade of the Bartlett Bay Wastewater Treatment Facility
h. Approve a Pole Attachment License agreement with Green Mountain Power
and the ERUV Committee of Burlington in a substantially similar form to what is
attached
i. Approve a request to establish a new line of credit with SB Collins for Fire
Apparatus fueling
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded.
Mr. Barritt asked why there were so many overpayments of taxes. Ms. Machar said people
forgot they signed up for auto-payment and came in and paid.
Mr. Barritt also asked about the carwash. Ms. Machar said it was for Police cruisers.
Mr. Barritt asked the interest rate for tax sales. Ms. Baker stressed that the city tries not to go
to sale. Mr. Barritt suggested the possibility of an annual tax sale rate evaluation.
In the vote that followed, the Consent Agenda was approved unanimously.
6. Appointments to City Committees:
Ms. Baker noted that Larry Kupferman is the only applicant for the Winooski Valley Park District
Representative, but he cannot be present at this meeting. Council members felt they know Mr.
Kupferman well enough to appoint him.
Ms. Riehle moved to appoint Larry Kupferman as representative to the Winooski Valley Park
District with Ms. Baker as alternate. Ms. Emery seconded. Motion passed unanimously.
Mr. Barritt was appointed to the Chittenden County Communications Union District.
7. Introduce Deputy Police Chief Sean Briscoe:
Chief Burke introduced Deputy Chief Briscoe. He then reviewed the national search process and
said Deputy Chief Briscoe presents an amazing opportunity for a growing city.
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Deputy Chief Briscoe said the interview process was very welcoming, and he cannot imagine
working in a better spot. He stressed that the basis of what he does is empathy, which is
important for Police work.
Ms. Riehle noted that Chief Burke was specifically thanked for his work with the Ho Hum
project, and the people involved with the project were most appreciative of his approach.
8. Receive the Charter Committee's Report on governance and consider providing
direction to the Committee and staff:
Mr. Taylor, Committee Chair, introduced members of the Committee and then reviewed the
history and noted that the Committee was charged with looking at governance issues and
language.
The Committee began by reviewing different governance models (e.g., strong mayor, "weak"
mayor), interviewing people from the State who serve under different models. They then
brainstormed the advantages and disadvantages of the various models as well as with the
potential size of the City's City Council and School Board. This information is attached to the
Committee's report. When discussing various options, the Committee did not support a mayor
form of governance.
The Committee also conducted a survey and held several public forums to get community input.
They met with other groups (e.g., PTA, business groups) and prepared a list of the topics that
were frequently raised. Mr. Taylor noted that the Chair of the BCA felt that body needs
additional members (Ms. Kinville said they are limited to 15).
There were 175 responses to the survey. At public meetings, many members of the public
favored a ward system as it would allow for broader participation. Dan Albrecht prepared a
handout with a map indicating where population is and will be centered (this is attached).
Mr. Taylor then reviewed the Committee's recommendations:
a. No change in the Chief Executive (City Manager) system (this was consistent with
feedback)
b. Increase the number of City Councilors (a unanimous recommendation with no
number specified)
c. There was no consensus on whether to vote at large or by ward
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d. With regard to the School Board, increase the number of members (this was the
School Board's request, with no number specified)
e. Elect School Board members at large (a unanimous vote of the School Board)
During discussion, other items were brought up that were not fully discussed. These included
Instant Runoff Voting and having all candidates run in a group and have the top 2 fill the 2
Council or School Board openings. The Committee did check with the Planning Commission as
to whether they felt they needed additional members. Their response was "no." Members of
the public felt the Planning Commission should be elected, but this option was not discussed by
the Charter Committee.
Mr.Taylor acknowledged the support the Committee received from the City Manager and from
the City Attorney as well as the Minutes taker and the City Council Liaison.
Ms. LaLonde noted the Committee dealt with a number of complex issues including voting by
wards to get more diversity on the City Council.
Ms. Riehle asked how ranked choice voting addresses underrepresentation. Mr.Taylor said the
Committee did not spend time looking into that. Ms. LaLonde added that she was not clear on
that. Ms. Kinville said that by itself it doesn't create diversity. Ms. LaLonde said the City
Attorney said it is hard to do on a city level. Ms. Riehle said she has heard that the courts have
knocked it down.
Mr. Chalnick thanked the Committee for a wonderful report. Regarding the number of
Councilors, he said that in looking at the pros and cons, nothing jumped out at him as a reason
to increase the Council. Ms. LaLonde said the Committee thought it could result in getting
representation from somewhere other than the Southeast Quadrant, and existing members
could mentor new members, so it wouldn't be so much of a jolt if 2 Councilors left at the same
time.
Mr. Coleman said ranked choice has been shown to give more weight to moderate voices and
tends to decrease extremism. Mr. Coleman also noted that with more Councilors, a Councilor
can talk to another Councilor and not be in violation of the Open Meeting Law. Ms. Emery said
they can now talk to each other individually and still be within the law. Mr. Coleman did not
believe that is the case. Ms. Riehle said that when the Council was trained, what Ms. Emery
said was confirmed.
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Mr. Barritt said the election process is secure; the process to get on the ballot is easy; It is the
money involved that makes the process "unfair." He suggested one approach would be to ban
lawn signs. He was not bothered by a 7-member Council though it could make meetings longer,
but if that's what it takes to make membership equitable, he was OK with that.
Mr. Barnes asked if there was anything from the public as to why more people didn't run for
Council seats. Mr. Taylor said there was not. Some people mentioned money; others said they
didn't want to have to deal with 20,000 voters in a campaign and would prefer 5,000. Ms.
Riehle noted that in the recent election all the candidates for the State Legislature ran
unopposed.
With regard to the School Board, Ms. LaLonde said they are daunted by the amount of work
they have to do. Ms. Emery said late meetings could be difficult for people who do not have the
next day free.
Ms. Emery drew attention to neighborhood forums which she felt could be a good training
ground for future Council members and beyond. She would like to Committee to address
neighborhood forums.
Mr. Albrecht thanked the Committee and noted that he attended a number of their meetings.
He noted that 60% of people responding to the survey favored some kind of ward system in
order to get geographic representation on the City Council. He stressed that the City is growing
and that the 2020 census is already out of date. He noted the number of renters as opposed to
home owners and said that the issues in the city are different depending on where you live. He
said it is ironic that the State Legislature is more responsive to his situation than the City Council
is. He noted that a number of Councilors have been in office a long time, and he suggested
possibly having some Councilors elected by ward and others at large to address that.
Mr. Albrecht noted that demographic data shows the difference in "lived experiences,"There is
almost nothing but single-family homes in the Southeast Quadrant vs. the Shelburne Road area.
He understood that incumbents don't want to give up their positions. He added that as a
resident of the Shelburne Road area, he has watched the density quadruple while the vast
Southeast Quadrant remains mostly single-family homes. He noted that the Council passed an
"Equity Agreement." He asked them to live up to it.
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Ms. Riehle said there is real value in being forced to look at the whole city. She thought the
Council's conversations have been broader; they haven't forgotten renters. She also noted it is
challenging to get people to serve. She didn't think the system is broken.
Ms. Bailey (Kate) said she did not see a resounding embracing of the status quo of the city's
government from the survey, except for the City Manager. She felt that deserves more
discussion. She would also like to know what the city means by "diversity." Is it economic?
Geographic? Etc.?
Mr. Doyle noted that the Committee's charge included "ensure that voices are more equitably
heard at the decision-making tables." He felt the Committee's work was unfinished and hoped
they would do more research, if the Council allowed this.
Mr. Cassidy agreed with the need to increase the School Board as their work load is heavy. He
felt increasing by 2 more members would be adequate. He also felt that ideally it is better to
vote in districts but not "in one jump." Having districts makes it easier for Council members to
communicate with their constituents.
Ms. Emery agreed there should be more meetings of the Charter Committee. She did feel that
she represents the whole city and that being limited to a ward wouldn't serve the city well.
Mr. Chalnick said he felt they all try to have the city's best interests at heart and that the city is
still of a size where people can represent with whole city.
Mr. Barnes felt Council size was important to discuss. He said this isn't a role you take to stay
"in power". You care about the city.
Ms. Servis said she liked the idea of community forums. She was in favor of wards, but people
could have a passion for some part of the city that affects them. She added that if you can't
identify an issue in a neighborhood, you should come that neighborhood.
Ms. Riehle noted that the Council used to meet in the various neighborhood, but PA systems
were an issue.
Ms. Baker said staff will bring back an open conversation to see if there is anything the Council
wants the Charter Committee to continue looking at.
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Ms. Emery then moved to accept the report of the City Charter Committee. Mr. Barritt
seconded. Motion passed unanimously.
Mr. Taylor urged members to read the written comments on the survey forms.
9. Discuss the use of remaining American Recovery Plan Act (ARPA)funds and provide
direction to staff:
Ms. Baker said staff was not looking for decisions tonight. They are gearing up for the budget
and Climate Action Plan. She also noted there are only 14 months left before they reach the
deadline to allocate ARPA funds. This is important in case any research is needed. There is
$2,500,000 left to be allocated (this figure includes interest).
Ms. Riehle said there had been discussion of a project for the Planning Department regarding an
online ability to get permits. She questioned whether that would have a positive impact on the
city so that it would qualify for ARPA money or should it come from the fund balance.
Ms. Baker said they are doing a lot of paperless research including Planning. There are costs
associated with that, and it is on hold until the new IT Director arrives on 2 October and can
provide cost estimates. Chief Burke said the estimate is $150,000 plus annual maintenance.
Ms. Machar said ARPA will allow that expense. Mr. Barritt was OK with that as long as it is IT
secure. Ms. Riehle said it makes sense to add that to the list.
Ms. Chalnick said he was prepared to provide the $200,000 for the rec path. He would also like
to keep some money for a "village green," child care, climate change, and possible help to
taxpayers.
Mr. Barritt said they should consider what is the most "shovel ready" use for those funds so the
money can be spent by the 2026 deadline. He also wanted to see some money used for public
arts.
Ms. Riehle noted that one large investment the city has is in its parks/recreation/open space.
There is a request for planning for those. She felt the city has a good open space plan.
Mr. Barnes agreed with Ms. Riehle and also to look at what can be done now. He noted children
are having challenges in using the parks for sports at any level, and this is
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disheartening. He felt the city should deliver on its promises, and this is a "low-hanging fruit."
Irrigation around the fields is challenging and needs attention and a long-term plan.
Ms. Emery agreed with the following financing: Modern Finance System, irrigation and dugouts
and basketball courts at the parks, public art, Climate Action Plan implementation ($100,000),
Hinesburg Rd. bike/ped path, Library van (also look for grants for this), "village green."
Ms. Baker said staff can put together some scenarios to bring back to the Council.
Mr. Barnes asked if there is a plan or a plot of land for a village green. Ms. Baker said there is
funding to identify parcels and the hope is to get that done over the winter. The funding now
being discussed is for procurement of land.
Ms. Milizia said the city will need more dog parks which should be a modest amount. She urged
the Council to save some money for that use.
Ms. Riehle questioned whether there is money in the budget for some of these things. Ms.
Baker reminded the Council that the uses of ARPA fund are mean to be "transformational."
She will come back with a matrix.
Ms. Yankowski said she did not want to spend money on a "climate action consultant." She felt
there are a lot of companies that businesses can hire on their own. She added that the cost of
consultants is "ridiculous."
10. FY25 Budget— Receive FY25 projections and set budget goals:
Ms. Machar said they are beginning to put the budget together and are considering how to
keep up with growth/municipal services, bridge the gaps/priorities, and set a tax rate. The
Council has been provided with a 5-year tax history and budgets.
Ms. Machar noted that there an estimated 1%growth in the Grand List.
Two of the unions have an agreement for a CPI increase of 2.8. Ms. Machar noted that
overtime projections are down due to investments made in the past two years. When the GIS
position is filled, that will also have a positive impact.
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Ms. Machar asked the Council to think about: any initiative they would like, the tax rate goal,
and guidelines for the Climate Action Plan. She then noted that the early estimated increase is
5.85%.
Ms. Baker stressed that projections are very early and some numbers are not solid. The
leadership team has not had any input as yet. Revenues are being estimated conservatively,
including the Grand List. She asked members if there is anything they wish to cut.
Mr. Chalnick asked whether they can say "do more with less" and find your inefficiencies. Ms.
Emery said they have tried to do that in the past. She added that as the city faces coming
challenges, expenses go up, and they have to be sure there isn't a disparity between those who
can and can't afford. She stressed the need to be humane.
Mr. Barritt said in the past, they could set increases at 2-3%, but they are now looking at 5-6%
due to the pandemic and inflation. He asked for a target in the low 5% range with the
possibility of having to put off some things.
Ms. Riehle recalled a year when they had to cut 3%, but the next year they had to go up 8%just
to get to "ground zero." She cautioned against setting unreasonable goals.
Mr. Barnes echoed Ms. Riehle's caution. He preferred asking "what are you comfortable
cutting?"and seeing what that looks like.
Chief Locke reminded members that this is a people-centered business, and you can't reduce
numbers without reducing people.
Ms. Baker didn't think Mr. Chalnick's "exercise" was effective, especially as it will cut services.
She asked members to tell staff if there is something in particular, they want to cut. She felt an
opportunity was missed when the change in utility rates was presented.
Mr. Barritt said the best thing they can do is to put out the best budget they feel will pass.
Ms. Riehle stressed that the city has scrimped and saved to get more staff. She didn't want to
go back on that now.
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Mr. Barnes noted this is the greatest inflation in 40 years. He didn't support the Climate Action
Plan at the expense of city services and said that this is also the feeling of people he has spoken
with. Ms. Riehle felt it was important enough to ask people if they want to support climate
action and let the public make that decision. Mr. Barnes said they have to be realistic as to what
the city can change, especially with very large expenses coming in the next few years. He noted
there are people in the community struggling to make ends meet. He worried first about safe
streets, paying taxes, and having the same good education for the city's children that he
received.
Ms. Emery said they have to pay for climate change to take care of today's children 20 years
from now. The price tag then will be astronomical.
11. Other Business:
Regarding the dog park survey, it was noted that the Ordinance says dogs must be on a leash.
Mr. Chalnick challenged that and said that Hubbard says they can be controlled by voice. Red
Rocks says "leash."
Ms. Riehle said there is an expectation that people are in control of their dogs. The question is
how to protect everyone and still be generous as to what is allowed. She said the Committee is
trying to make it safe for everyone. She suggested possibly allowing "off leash" on specific days.
Mr. Chalnick felt the Council should have discussed this before the survey and signs went out.
Ms. Emery said they can't micromanage committees.
Ms. Baker said "be gentle with ourselves." She reminded members that the city does not have a
Parks Director at this time.
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.
G' V
Clerk