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HomeMy WebLinkAboutMinutes - City Council - 01/16/2024 a south:]udington VERMONT CITY COUNCIL 16 JANUARY 2024 The South Burlington City Council held a regular meeting on Monday, January 16, 2024, 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, A. Chalnick, L. Kupferman ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeill, City Attorney; I. Blanchard, Community Development Director; P. Conner, Director of Planning & Zoning; M. Machar, Finance Officer; T. DiPietro, Public Works Director; D. Brayton, Director of Human Resources; P. Tompkins, Public Art Committee; R. Doyle, M. Cohen, Mady M., B. Britt, M. Mittag, L. Bailey, C. Larkin, J. Kilacky, D. Cappell, E. Schait, A. Truax 1. Instructions on exiting building in case of emergency and review of technology options: 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: Item #22 (Executive Session) was deleted from the Agenda. Ms. Emery moved to approve the amended Agenda. Mr. Kupferman seconded. Motion passed unanimously. 3. Comments and questions from the public not related to the agenda: There were no comments or questions raised by the public. PAGE 1 4. Announcements, councilors reports from committee assignments and City Manager's Report: Councilors reported on meetings and events they had attended in past weeks. Ms. Baker: Petitions to be on the March ballot are due on 29 January by 5 p.m. Staffing has been hired for the second ambulance including 2 licensed paramedics. New applications for open jobs are on-line. The city is looking for CDL licensed drivers and Police Officers. New recreation programs and new programs at the Library can be viewed on-line. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from the 5 December 2023 and 2 February 2024 City Council Meetings c. Approve the proposed set of CCRPC Unified Planning Work Program (UPWP) applications as recommended by the Planning Commission Ms. Riehle noted that the City gets a good return for its contribution to CCRPC. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Hold a Public Hearing on the Proposed FY25 Budget and CIP: Mr. Kupferman moved to open the public hearing. Mr. Chalnick seconded. Motion passed unanimously. Ms. Baker said the total FY 25 City Budget, including utilities, is $64,916,064.64. The Budget funds all current levels of service and includes the reinstatement of the Police Department Youth Services Officer and implementation of the second ambulance. The Budget is based on a 2% growth in the Grand List and a 4.4% growth in the TIF Grand List as well as a 7% increase in the return from Local Option Taxes. CITY COUNCIL JANUARY 16, 2024 IPAGE 2 The Budget results in a 5.82% tax increase. The average condo owner would see an $85.00 annual tax increase, and the average single family home owner would see a $125.00 annual tax increase. One-time funding items include $742,000 from ARPA funds to fund the Climate Action Plan, Parks Master Plan, and the Hinesburg Road Rec Path project. $160,000 will come from reserves for a portion of the new traffic light at Hinesburg Road/Market Street and for sidewalk maintenance. The Council will need to approve the remaining budget schedule as follows: 22 January - Joint meeting with School Board 31 January - Presentation of the Budget to SBBA 1 February - Budget books available 4 March - Town Meeting Budget Presentation 5 March - Town Meeting Day Vote Public comment was then solicited and receive as follows: Ms. Bailey: With inflation, people's budgets are being pinched, and the city should look at what it needs and what it wants. She asked if the Council considered the cost of the Climate Action Plan going forward. Ms. Riehle said they did, and they are working to see that the entire cost is not picked up in the General Budget. Ms. Riehle stressed that the City does not hide where money comes from. She added that the Climate Action Plan can be changed if the costs are not feasible. Ms. Larkin: Can the budget be kept flat because people are having to pay more each year. Ms. Riehle said it would be difficult to have a budget with no increases because of inflation, rising health care costs, etc. This is not just a South Burlington issue but affects all other communities as well. Ms. Riehle also noted the Council tried the "flat budget" one year, and the next year was forced to have dramatic increases because the public wanted the services that had been cut. Ms. Emery stressed that "prevention is much cheaper than cleanup." Ms. Emery also said she would like to see a budget showing how much is allocated to each department. CITY COUNCIL JANUARY 16, 2024 1PAGE 3 Mr. Chalnick said he came to the budget process as a skeptic, but he saw that health insurance had gone up $700,000, and the budget increases the Council approved just go along with inflation. Ms. Emery reminded the public that there is income sensitivity in Vermont, and she urged members of the public to talk with the City manager about concerns. Mr. Britt: When the Bike/Ped Committee met last week, they noted that their request to add $10,000 to the striping budget had not been funded. He asked if there is another place for this to happen as it is very important for safety. Ms. Baker noted that the Council flat-funded striping at $40,000. Only $32,000 of that was used last year. Mr. DiPietro said the main concern is finding available contractors to do the striping. Ms. Riehle noted that the Airport has a "line striper." Mr. Di Pietro said he would follow up on that. After a brief discussion, members agreed to increase line striping by $10,000 with the money from the fund balance, assuming a striper can be found. Mr. Cohen: Thanked the Council for working tirelessly on this. Ms. Emery moved to close the public hearing. Mr. Chalnick seconded. Motion passed unanimously. 7. Consider the Proposed FY25 General Fund, CIP and Enterprise Fund budgets and approve all to be sent to the Steering Committee and the voters on Town Meeting Day 2024: Ms. Emery moved to approve sending the proposed General Fund, CIP, and Enterprise Fund budgets to the Steering Committee and to the voters on Town Meeting Day 2024. Mr. Chalnick seconded. Motion passed unanimously. 8. Approve the 2024 Town Meeting Day Warning and set the Public Hearing for 4 March 2024 at 6:30 p.m.: Ms. Emery moved to approve the 2024 Town Meeting Day Warning and to set the public hearing for 4 March 2024 at 6:30 p.m. Mr. Chalnick seconded. Motion passed unanimously. 9. Approve Resolution #2024-04-05 on the allocation of American Recovery Plan Act funds to support the FY25 Budget: CITY COUNCIL JANUARY 16, 2024 IPAGE 4 Ms. Machar reviewed what is being funded from ARPA funds. She noted that there is still a balance in those funds of $1,378,000 as yet unallocated. Mr. Chalnick commented that these are relatively small dollars doing sensible things which could save money down the line. Ms. Riehle added that the Council tried to use ARPA funds for one-time expenses that could have a return instead of putting them into the General Budget. Ms. Machar noted that the CIP now identifies items that are climate related. 10. Approve Resolution #2024-06 on the allocation of Fund Balance to support the FY25 Budget: This item was tabled to allow for the change to use $10,000 of the Fund Balance for road striping. 11. Approve Resolution #2024-07 setting the water, wastewater and stormwater rates and allocation fees for FY25: The total increase for all 3 utilities amounts to $64.29 for the year. Ms. Riehle noted that South Burlington is still one of the least expensive communities for utility rates. Ms. Machar noted that the allocation fee is new. Mr. DiPietro explained that the fee is for the cost of building in the future. He added that South Burlington's water and sewer fees are too low. Mr. Barritt asked what happened to the discussion regarding types of connections (e.g., single family home, multi-family, etc.). Mr. DiPietro said he is open to that discussion at any time. Ms. Emery moved to approve Resolution #2024-07 setting water, wastewater and stormwater rates and allocation fees for FY25. Mr. Chalnick seconded. Motion passed unanimously. 12. Hold a Public Hearing on the discontinuation of Picard Circle: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL JANUARY 16, 2024 IPAGE 5 City Councilors visited the site today, as required. No members of the public nor abutters showed up. Mr. DiPietro reviewed the history and noted that when the homes on Picard Circle came down, the city put in a large stormwater mitigation project on the site. The proposed action is to clean up legal technicalities. Public comment was then solicited. There was no public comment. Ms. Emery moved to close the public hearing. Mr. Chalnick seconded. Motion passed unanimously. 13. Consider and potentially take action to discontinue Picard Circle: Mr. Chalnick moved to discontinue Picard Circle as a public road but to retain ownership of the property Ms. Emery seconded. Motion passed unanimously. Mr. Kupferman noted there are some mature trees on the property. He wasn't sure at this point what the Airport is proposing as a public park. 14. Receive and potentially approve a recommendation from the Public Art Committee for a piece from Mohrman Lo at Jaycee Park: Ms. Tompkins noted the information and pictures provided to the Council. She then reviewed the history of the Public Art Committee and said this is the first piece outside of City Center that has been proposed. The Committee received a number of proposals and selected this piece from Mohrman Lo. It is 7 feet tall and allows for light to go through it. The Committee viewed some of the artist's work at the waterfront and found it to be very well made. The Committee also had a period for public comment, almost all of which was very positive. The project will be funded with 3 years of CIP funds. It will be located near the road so it can be enjoyed by pedestrians, bikers and those in cars. Ms. Tompkins showed an overview of the Park and indicated this location. She also showed a video of the sculpture. Mr. Chalnick questioned whether it fit in that natural area. Ms. Tompkins said people favored that location and felt the bright colors made it distinctive to be in that space. The piece is not yet titled. CITY COUNCIL JANUARY 16, 2024'PAGE 6 Ms. Emery expressed concern for safety with children climbing on it. Ms. Blanchard said the piece will be reviewed for safety. Ms. Riehle moved to approve the commissioning of the Mohrman Lo art piece for Jaycee Park. Mr. Chalnick seconded. Motion passed unanimously. Mr. Killacky said the process for this thrilling, and the piece will bring magnificent color to that part of the city. 15. Receive a comprehensive update to the Employee Handbook and provide direction to staff: Ms. Brayton said the Employee Handbook of Policies and Procedures has been revised and updated and requires a vote of the Council for approval. Ms. Baker noted it is not warned for approval at this meeting. Ms. Brayton noted that many of the policies and procedures were old/outdated/and not best practices. The goals of the revision were to address gaps, use best practices, be legally compliant, be consistent, and to filter policies through a lens of equity and inclusiveness. Work began last March and included consultation with employment attorneys. The document went from 29 to 170 pages. It now includes a new section on Commitment to Diversity. Revisions include: a. Tightening up employment classifications b. Compensation and pay schedules c. Remote work section (new) d. Alignment with Fair Standards Act e. Drug/alcohol free "reasonable suspicions f. Code of conduct g. Annual performance evaluation (new) h. Recruitment and talent acquisition with an applicant tracking system (new) i. Allowance for "floating" holidays j. Aligning vacations with City Hall and Public Works contracts establishing a maximum accrual of 400 hours k. Establishing a maximum accrual of 600 hours of sick leave Employees will be asked to sign off that they have received and read the Handbook. There will be training for employees as well. CITY COUNCIL JANUARY 16, 2024(PAGE 7 Mr. Barritt asked if there is a section regarding an "active shooter." Ms. Brayton said there is a "safety" section, but it does not deal with an "active shooter." She felt that should be added. Mr. Chalnick asked if there was anything that required a difficult judgment call. Ms. Brayton said there was not, but there was significant discussion regarding contracts. There was also discussion on a provision that no longer allows people to trade vacation hours to pay for insurance. Ms. Baker said people need to learn to take vacations. Mr. Brayton noted staff will have to address people who currently have accrued thousands of hours of sick leave. Mr. Kupferman asked how many non-union employees the city has. Ms. Brayton said that of the 186 total employees, there are 15 Department Heads and possibly 10 other non-union employees. Ms. Baker said this item can be on the Consent Agenda for the next meeting. 16. Receive the City Pension Asset Update and Net Performance Report from the City's Pension Fund Manager: Mr. Cappell reported that things have improved greatly since the last report. The one-year return was 13.22%, and all major classes were up with the exception of commodities. Global equities gave solid returns. While 2023 ended with "peak pessimism," 2024 ended with "peak optimism." Mr. Cappell showed a chart of the US equity market review and a chart of the international equity market review. He noted that China did not show the post- COVID surge that had been anticipated. Mr. Cappell then reviewed fixed income which was extremely volatile throughout the year, then took a "round trip" to where it started in 2022. He then showed a chart of the number of older workers vs. younger workers and said they believe this will create inflationary pressures. The "good news" is the U.S. economy is relatively healthy. The "bad news" is that exuberance is running high, and there could be a pause that could lead to less than anticipated growth. Oil markets could be a more difficult place due to the unrest in the Mideast. CITY COUNCIL JANUARY 16, 2024 IPAGE 8 The gain to the city's portfolio was $4,500,000 which resulted in an ending value of $43,900,000. , with a 5.5% increase in fixed income. The city is also seeing a benefit for being a "saver." Mr. Chalnick said he would like to see a breakout of fees at the next presentation. 17. Receive the City Pension Actuarial Update and FY23 Valuation: Mr. Schait provided a review of funding methods (i.e., current value and future/looking forward) and noted both wind up in the same place. He also reviewed the funding policy for the city's plan. As of 1 July 2019, no new participants are going into the plan. On 1 July 2023, the city's contribution to the plan was $183,000.00 compared to $175,000.00 the previous year. The plan is well-funded at 85.2%. Mr. Schait then reviewed assumptions that go into the plan each year. None have been changed for several years, and all are reviewed in the report. He then reviewed the returns for the past year and noted they have been above the assumed returns. Ms. Baker reminded members that with retirements, a lot of experience is "walking out the door" every year, mostly from the Fire and Police Departments. 18. Hold a First Reading of a Residential Rental Ordinance and set a public hearing for 20 February 2024: Chief Locke said the Ordinance now addresses everything from previous meetings. It is not in Ordinance format. The Ordinance sets fees that will allow the city to do the addition to the Fire Station. The city would begin collecting fees on 1 April 2024. Mr. Chalnick suggested putting the fees into a Resolution so they can be changed easily. Mr. McNeill said that can be done. Council members supported doing that. Mr. Barritt asked whether the city needs its State Representatives to get the names of those who remit Rooms & Meals taxes to the State but not the amounts paid. Chief Locke said that would be good information to have. Ms. Baker reminded members that the State has been reluctant to share information on how much individual businesses are remitting; maybe this request would be honored. CITY COUNCIL JANUARY 16,2024(PAGE 9 Chief Locke noted that the City of Burlington has a company that can identify those people who are renting their properties, and perhaps South Burlington could piggy-back on that. Members agreed that would be good information to have. Ms. Emery then moved to approve the First Reading of the Residential Rental Ordinance, as amended to remove fees from the Ordinance, and to set a public hearing for 2 February 2024, in accordance with the City Charter. Mr. Kupferman seconded. Mr. Doyle said South Burlington has the youngest housing stock in the area and the highest fees. He estimated the fees would result in a 22% increase in his taxes. He noted that a lot of people rent because they can't afford to buy. He said Burlington charges less and has more benefits. He suggested partnering with other communities. He added that notarization is also cumbersome. Ms. Riehle explained that regionalization is easier said than done, and Burlington has been reluctant to do this in the past. Mr. Cohen noted they have been considering renting a basement unit as a short- term rental and asked why this is being done. Ms. Riehle explained that the concern is two-fold: people who are renting are not always in a safe place in property that is not being properly maintained, and the city is looking for a pathway to end short-term rentals where the property owner is not in residence. The latter has resulted in complaints from neighbors, and it also eliminates housing that could serve a family. Mr. Chalnick noted the Council had incredibly emotional testimony from residents about the disruption to their neighborhoods from parties. Ms. Truax said they are often away for months at a time on job locations and do short-term rentals. This ordinance could prevent them from doing that. They don't want to sell their property. She added that they were fine with the safety provisions. In the vote that followed, the motion passed unanimously. 19. Convene as the South Burlington Liquor Commission to consider: Blass Bee, 1st Class License and Outside Consumption Permit; Bueno y Sano, 1st Class License; Guild Tavern, 1st Class License and 3'd Class License; Maplefields, 2nd Class License and Tobacco License; Maplefields at the CITY COUNCIL JANUARY 16, 2024 IPAGE 10 Airport, 2nd Class License and Tobacco License; Price Chopper, 2nd Class License; Shelburne Road Variety, 2nd Class License and Tobacco License: Ms. Emery moved to convene as South Burlington Liquor Commission. Mr. Chalnick seconded. Motion passed unanimously. Ms. Emery moved to approve the Liquor and Tobacco Licenses as presented. Mr. Chalnick seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Mr. Chalnick seconded. Motion passed unanimously. 20. Other Business: No other business was discussed. 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 10:07 p.m. 717 Clerk CITY COUNCIL JANUARY 16, 2024'PAGE 11