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HomeMy WebLinkAboutMinutes - City Council - 02/05/2024 southburlington VERMONT CITY COUNCIL 5 FEBRUARY 2024 The South Burlington City Council held a regular meeting on Monday, 5 February 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; E. Quallen, Public Works Director of Capital Projects; J. Murray, Librarian; B. Sirvis, B. Britt, M. Mittag, RC, S. Dooley, L. Bailey, N. Senecal, P. Tompkins, E. Monje, M. Scanlan, Liz, A. Strong, C. Clash 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: Ms. Riehle said that in spite of the Long property being on the Executive Session, the Council would allow public comment. She reminded the public that the Council cannot take action in an Executive Session and indicated that they would not be taking action on the Long property tonight. Ms. Riehle stressed that the Council has always been open to public comment in a very respectful atmosphere. Sadly, she noted, calling people "lame ducks" only serves to degenerate the process. She hoped that people would refrain from such comments. PAGE 1 Mr. Mittag: Noted there had been a recommendation for the Planning Commission to start drafting a growth management plan. He asked where this stands. Ms. Baker said staff hasn't been directed by the Council to put that on an agenda. Ms. Riehle suggested the next agenda. Mr. Mittag: Recalled that the Open Space Interim Zoning Committee identified the Long property as one to conserve. There was no interest in anyone buying the property for conservation. He noted that zoning regulations are subject to change and to be overridden by the State. The only way to conserve land is through a conservation easement. He added that the property is alive with wildlife, and this is a rare opportunity to use the Open Space Fund for what it was intended to do. Mr. Britt: Asked that the letter he submitted regarding speeds on Hinesburg Road become part of the Minutes. He noted that the road has changed from a rural to a residential road including the new 147-unit Edgewood development. People are exiting onto the road which has a speed limit of 50 mph and clocked average speed of 67 mph. The City has previously asked the State to reduce the speed limit and was denied. The State did not take in the number of vulnerable users, but it now appears that VTrans is open to considering those users. He asked the City to go back to the State to get the speed limit reduced along with other traffic calming measures. Ms. Bailey: Did not think purchase of the Long property was a good use of the Open Space Fund. She noted that our grandparents couldn't know what things would look like now, and we don't know what our children's needs will be. Ms. Dooley: Asked the Council not to take action on the Long property. She recognized efforts to conserve land in the Southeast Quadrant (SEQ), but Conservation PUDs already require that 70% of the land be permanently conserved. She asked Mr. Barritt and Mr. Chalnick to lead an open effort to discuss how to use Open Space Fund money for purchase of land. Ms. Senecal: Her main concerns regarding the Long property are to preserve funds so land can be purchased in other parts of the city for playgrounds and other places for children to play; and to have an open public discussion. Mr. Strong: The Long property ranked high among properties to conserve when the IZ Open Space Committee did its research. One of the highlights of the property is the Great Swamp which is very important to conserve in perpetuity. He also agreed that conservation across the whole city should be considered. CITY COUNCIL 5 FEBRUARY 2024 PAGE 2 4. Announcements, councilors reports from committee assignments and City Manager's Report: Council members reported on recent meetings and events they had attended. Ms. Baker: The City has hired Jared Pellerin to serve as Deputy City Attorney. Mr. Pellerin was the former City Attorney in the City of Burlington and has significant experience in Vermont. He will join the City on 11 March following the Town Meeting Day elections. The City has applied for grants to cover the budget gap for the bike/ped bridge. Budget books and the Annual Report are now on the city's website. Staff is working on a narrative around the Parks and Open Space Master Plans. Recommendations will be brought to the Council. A celebration will be held on Monday, 26 February, 4-6 p.m., for retiring Councilors Riehle and Emery, at a location to be determined. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 20 November 2023, 18 December 2023, 16 January 2024, and 22 January 2024 meetings c. Approve Resolution #2024-06 on the allocation of Fund Balance to support the FY25 Budget d. Receive and accept the Certification of Increment and Presentation of the FY 2024 TIF Annual Report e. Approve a Letter of Commitment to UVM to support the Vermont Gallium Nitride Semiconductor Tech Hub (V-GaN) f. Approve the award of a contract to Anything Grows for the Ash Tree Interplanting project. g. In accordance with 24V.S.A. Section 13-1702, approve a comprehensive update to the Employee Handbook h. Accept the following easements for the construction and future maintenance of the Dorset Street Shared Use Path between Old Cross Road and Sadie Lane and associated drainage and utility infrastructure: CITY COUNCIL 5 FEBRUARY 2024 PAGE 3 1. Three temporary and three permanent easements on parcel 0570-01530 granted to the City by Warranty Deed signed November 15, 2023 2. One permanent easement on parcel 0570-01700 granted to the City by Warranty Deed signed December 28, 2023 3. Two temporary and two permanent easements on parcel 0570-01620 granted to the City by Warranty Deed signed January 15, 2024 Mr. Barritt moved to approve the Consent Agenda. Mr. Chalnick seconded. Mr. Barritt asked if easements have been hard to get. Ms. Quallen said there are 14 parcels over 13 property owners. These are the first three. Staff has heard that others will be coming in soon. There are some issues with loss of trees with some properties that staff is addressing. Mr. Chalnick asked whether the widths of trees in the Ash program are the same and asked the motion be amended to indicate this. Mr. Kupferman said the widths do have to be the same. In the votes that followed both the amendment and the amended motion were passed unanimously. 6. Second Reading and Public Hearing on South Burlington City Code Enacting Ordinance and new City Code of Ordinances: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously. Mr. McNeill said this has been in the works since 2012. He reviewed the history including a contract with a company that specializes in this work. All City codes will now be in one place with greater public access. Ms. Riehle asked for public comment. There was no public comment. Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. 7. Possible adoption of South Burlington City Code Enacting Ordinance and new City Code of Ordinances: Ms. Riehle moved to adopt the South Burlington City Code Enacting Ordinance and new City Code of Ordinances without amendment. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 5 FEBRUARY 2024 PAGE 4 8. Introduce Evelyn Monje and hear about her experience working as a social worker intern for the Library: Ms. Murray said the library was so pleased with Ms. Monje and the program that they have signed up for another intern. Ms. Monje said she is a Social Work student and has been piloting the idea of social work in connection with a Library to provide a low barrier for people to get referrals. She began her work in August and has met with over 220 people, providing referrals to services for housing, citizenship, work, etc. She has also been able to provide support to staff members as well. She has recently delved into programming including reaching out to a group regarding reading anti-racist stories to young children. Mr. Barritt said he is a proponent of employee support programs and thinks this is a great idea. Ms. Monje said she is beginning to consider doing graduate school work in Library Social Work. She will continue her program in South Burlington until the first week in May. She is there on Tuesdays, Wednesdays, and Thursdays from 9 a.m. to 1 p.m. Ms. Murray noted that Ms. Monje also took the opportunity to work with seniors and has been helping the Planning Department regarding reaching out to the community in the most inclusive way. She also noted that this is becoming a trend in large cities, trying to deal with issues before they become a crisis situation. Ms. Norris said she noticed Ms. Monje and had the most pleasant conversation with her and hoped she would come back to work in South Burlington. 9. Receive Annual Update from Green Mountain Transit and hear about the return to fares plan: Mr. Clash, GMT General Manager, reviewed the history, noting that they have both an urban and rural mission. The route from Williston to Burlington through South Burlington is the most used with 400,000 passengers a year. The connection to the Airport has 100,000 annual riders. The "bad news" is that the city's assessment is going up 10.7% to $654,562.00. This is driven by the "para-transit" accessibility which provides door-to-door service to the disabled who cannot use the regular service. High frequency users can quickly drive up that cost. To address some cost issues, there is a new assessment practice that will look at a 3-year average so that peaks and valleys can be flattened out. The hope is this will make it easier on taxpayers in the future. CITY COUNCIL 5 FEBRUARY 2024 PAGE 5 Mr. Clash noted that they are having an issue getting qualified drivers and are now having forced overtime. They have also had to reduce service to Washington County because of the driver shortage. With regard to fares, Mr. Clash said the zero-fares were supported by COVID relief funds which will be exhausted by FY26, and there is already a $3,000,000 budget gap. They are looking at different funding methodologies and won't just pass the bill onto the city or the riders. The return to fares will begin on 6 March 2024 with a system that is more equitable. There will be no up-front payments, and there will be fare caps after which riders can ride free. They have stabilized fares across service areas. The full price will be $2.00 with a discounted rate of$1.00. Mr. Clash noted that South Burlington has seen some amazing progress with infrastructure, and GMT will have to shift its services based on population shifts in the city. They are looking at service to Market Street and would also love to connect Route 7 to Dorset Street. Mr. Chalnick asked about battery-operated buses. Mr. Clash said GMT has 5 new battery- operated buses and 6 on order. Mr. Chalnick asked how they are performing. Mr. Clash said "horribly." He hoped this would improve. Mr. Chalnick asked how full buses are. Mr. Clash said they will have better data with the new system. Now they have to head count. The #1 bus can become full at peak hours then not so full at other times. He added that the reason for the large buses is that every bus can do the urban routes. This is especially important in winter when service is provided to ski resorts. Ms. Emery said she wished more people would use the bus service and she was glad GMT is looking at different sources of funding. Mr. Kupferman said there will have to be discussion regarding his stop when the Champlain Parkway opens. 10. Convene as South Burlington Liquor Control Commission to consider: 104 Jolley Shelburne Road South, 2'd Class License, Tobacco License &Tobacco Substitute Endorsement; 103 Jolley Williston Road, 2' Class License, Tobacco License & Tobacco Substitute Endorsement; 107 Jolley Williston Road North, 2' Class License and Tobacco Substitute Endorsement; 146 Shelburne Road Center Jolley, 2"d Class License, Tobacco License &Tobacco Substitute Endorsement; Green Mountain Suites Hotel, 1st Class License& Outside Consumption Permit; Healthy Living Market, 2"d Class License; Jiffy Mart#445, 2' Class License & Tobacco License; Koto Restaurant, 1st Class License, 3�d Class License & Outdoor Consumption Permit; Red Barn Market, 2"d Class License; Zen Gardens, 1st Class License & 3rd Class License: CITY COUNCIL 5 FEBRUARY 2024 PAGE 6 Ms. Emery moved that the Council convene as Liquor Control Commission. Mr. Barritt seconded. Motion passed unanimously. Ms. Riehle moved to approve the list of Liquor and Tobacco licenses as presented. Mr. Barritt seconded. Motion passed unanimously. Mr. Barritt moved to reconvene as City Council. Mr. Kupferman seconded. Motion passed unanimously. 11. Other Business: No other business was brought forth. 12. Consider entering executive session for the purposes of discussing the following: a. The negotiation or securing of real estate purchase or lease options, and specifically the Long property (1 V.S.A. Sect. 313(a)(2) b. The negotiation or securing of real estate purchase or lease options, and specifically the right of way for TIF projects (1 V.S.A. Sect. 313(a)(2) c. Labor relations agreements with employees and specifically the collective bargaining agreement with the South Burlington Career Fire Fighters Association Local 3671 (1 V.S.A. Sect. 313(a)(1)(B) d. The review of a public officer and specifically the City Manager (1 V.S.A. Sect. 313(a)(2) Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the Council's discussion of: a. Contracts and Negotiating or Securing of Real Estate Purchase or Lease Options b. Contracts and Negotiating or Securing of Real Estate Purchase or Lease Options c. Labor Relations Agreements with Employees d. The evaluation of a public officer or employee would clearly place the public body at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that the City Council enter into executive session under 1 V.S.A. Sect. 313(a)(2), 1 V.S.A. Sect. 313(a)(1)(B), and 1 V.S.A. Sect. 313(a)(3) for the purpose of discussing CITY COUNCIL 5 FEBRUARY 2024 PAGE 7 a. Contracts and Negotiating or Securing of Real Estate Purchase or Lease Options b. Contracts and Negotiating or Securing of Real Estate Purchase or Lease Options c. Labor Relations Agreements with Employees d. The evaluation of a public officer or employee Inviting Jessie Baker, Steve Locke, Paul Conner, Erica Quallen, Colin McNeil and Tom and Janet Bellavance into the session for discussion of the first topic; inviting Jessie Baker, Steve Locke, Colin McNeil and Mona Blanchard into the session with the Council for discussion of the second topic; inviting Jessie Baker, Steve Locke and Colin McNeil into session with the Council for discussion of the third topic; and inviting Jessie Baker into session with the Council for discussion of the fourth topic. Ms. Emery seconded. Motion passed unanimously. The Council entered Executive Session at 8:03 p.m. Following the executive session, 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 10:55 p.m. i/ L ' Clerk CITY COUNCIL 5 FEBRUARY 2024 PAGE 8