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HomeMy WebLinkAboutMinutes - City Council - 05/06/2024 io southburlington VERMO N1 MINUTES CITY COUNCIL 6 MAY 2024 The South Burlington City Council held a regular meeting on Monday, 6 May 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; P. Conner, Director of Planning & Zoning; C. McNeil, City Attorney; B. Sirvis, J. Buechler, C. Wachtabel, R. Doyle, M. Ostby, M. Murray 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: Members agreed to postpone Agenda Item #9 until the full Council is present. 3. Comments and questions from the public not related to the agenda: Ms. Wachtabel said that her son was hit by a hit-and-run driver in the crosswalk by the Middle School. The woman driver stopped briefly, said she was in a hurry, then took off. Ms. Wachtabel cited the need for a crossing guard at that location. Mr. Barritt noted that a task force is working on this now as a priority for all 4 schools. Ms. Baker noted this is an ongoing Police investigation. PAGE 1 Two member of the public spoke regarding the noise at the pickleball courts, describing it as "torture" for nearby residents. It is 15 hours a day, 7 days a week. Neighbors cited studies that the noise, which exceeds international standards for community noise, is a health issue, creating anxiety and panic attacks. The safe decibel level is 55, and pickleball has a 70-85 decibel count. The noise can be heard more than 100 feet away. Residents asked that the courts be converted to badminton or returned to tennis courts. They also suggested the gates be locked at 5 p.m. and on Sundays. Ms. Ostby said if the school budget does not pass on this vote, she will go to the School Board and ask them not to do another "bandaid." She is disappointed at what is happening in the state regarding education funding and questioned what will happen in the short and long runs. She also asked why no local option tax money goes to the schools. Mr. Doyle expressed concern with the procedure for making appointments. He said a final vote can't happen in executive session but must be in public with a reason given for the appointments. He was concerned that people who contribute to election campaign are being given appointments when there are better qualified candidates. He said that the most recent Planning Commission appointments all went to such donors, even though the Commission Chair asked for younger people with specific professional qualifications. He was also concerned with the locations where meeting notices are being posted as none of them are in marginal neighborhoods. Ms. Baker stated that no vote on appointments was taken in the executive session. 4. Announcements, councilors reports from committee assignments and City Manager's Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: At the next Council meeting, there will be a discussion on the use of data to make policy decisions. Today was the first day for the new Rental Registry Manager. Two new Firefighters have replaced two retirees. 15% of the city's Firefighters are now women; the national average is 5%. A full-time Police dispatcher is now on board and that team is full. CITY COUNCIL 6 MAY 2024 PAGE 2 Three Police candidates will be heading to the Police Academy for training in August. Ms. Baker thanked the public for Green-Up Day. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 18 March 2024 c. Approve the following appointments: i. Helen Riehle appointed to the Planning Commission for a term to end June 2026 ii. Christopher Carrigan appointed to the Economic Development Committee for a term to end June 2025 iii. Rebecca Kilian appointed to the Economic Development Committee for a term to end June 2027 iv. Bettie Barnes appointed to the Public Art Committee for a term to end June 2027 Mr. Chalnick moved to approve the Consent Agenda. Ms. Fitzgerald seconded. Ms. Fitzgerald asked about the vehicle purchases in the Disbursements. Chief Locke said there were 6 vehicles purchased, 3 for public works and 3 patrol cars (2 of which were in the budget and one replaced the vehicle that was destroyed in a collision). These were age replacements ordered months ago. Ms. Fitzgerald asked about the tax sale. Ms. Baker explained that the property owner will have a year to true up and prevent the sale. She explained the process for a tax sale and noted this property has been in a tax sale situation once before. Ms. Fitzgerald also asked about the money for the bike/ped bridge and the Airport Parkway loan. Ms. Baker explained that the majority of funding for the bridge is from the grant, but there are still other funds involved. The Airport Parkway loan is the annual 2014 bond payment for the Airport Parkway Wastewater Treatment Plant. Ms. Fitzgerald reflected that the committee appointments process was very late. She suggested that they could have come out of executive session and made the appointments that night in public session to allow for the new members to fully participate in committee meetings which were scheduled prior to the next council meeting. Mr. Barritt said that in the past, there have been twice as many CITY COUNCIL 6 MAY 2024 PAGE 3 applicants, and they occurred much later. He suggested a separate meeting for appointments in the summertime process. In the vote that followed, the motion passed 3-0. 6. Hold the Second Reading and first Public Hearing on an update to the Sign Ordinance. Take action to approve the Sign Ordinance as presented or set a second Public Hearing for 3 June 2024 at 7:00 p.m.: Mr. Chalnick moved to open the public hearing. Ms. Fitzgerald seconded. Motion passed 3-0. Mr. Conner advised that staff did not receive any public comments. All public notices were sent as required. Mr. Barritt asked for public comment. There was no public comment. Mr. Chalnick moved to close the public hearing. Ms. Fitzgerald seconded. Motion passed 3-0. Mr. Barritt asked about "perpendicular signs." Mr. Conner explained that these are signs which stick out from a building. Each building can have one 21 sq. ft. perpendicular sign. Individual uses within a building can have smaller signs. Ms. Fitzgerald asked if there is a special sign ordinance for City Center. Mr. Conner said there is a section of the Sign Ordinance for City Center. He added that most of the changes to the Ordinance relate to City Center. Ms. Fitzgerald asked who the Code Officer is. Mr. Conner said Marla Keene is the Code Officer, and there are 3 Assistant Code Officers. Ms. Fitzgerald asked about the process for modifying the Ordinance. Mr. Conner said they consider how the community is changing and also what has been tried in other communities. He noted there is a period of time allowed during which the value of a sign can be amortized before it has to become conforming. He also noted that the time for compliance has been reduced from 7 to 5 years. Ms. Fitzgerald asked for clarification as to whether the Ordinance affects rec paths, etc. Mr. Conner said the City is generally exempt from all Ordinances. The City must have a sign package adopted, which South Burlington has. CITY COUNCIL 6 MAY 2024 PAGE 4 Mr. Conner noted that animated signs are prohibited, but an educational facility can have changing messages as long as they don't change frequently. Ms. Fitzgerald asked about an electric changing sign near a school. Mr. Conner suggested a pro-active discussion as there are other parties who have a similar interest. Mr. Barritt noted that inflatables are also banned. Mr. Conner said the Ordinance now says that anything that is inflatable is a sign and is prohibited. Ms. Fitzgerald asked about the penalty fee waiver. Mr. McNeil explained that all ordinances must have a penalty provision and a "waiver of penalty" provision. Mr. Chalnick moved to adopt the amended Sign Ordinance as warned pursuant to 24 V.S.A., Chapter 13, Section 107. Ms. Fitzgerald seconded. Motion passed 3-0. 7. Discuss the FY24 annual allocations to Social Services partners and provide direction to staff on process: Ms. Baker reviewed the history and asked members if they wanted to go in a different direction. She also noted that in August, the Council gave an additional $2000 to each of the agencies as a one-time gift. Mr. Barritt recalled that in 2016 the Council had a dozen applicants and shortened that list but kept the amount of money the same. Ms. Baker also noted that the money given to Trinity was seed money for a new organization, money that came from surplus funds. No future commitment has been made to Trinity Educational though the FY25 budget does have funding for Trinity. Ms. Fitzgerald suggested that recipient organization report to the city every few years on their services to South Burlington residents to give the City. Mr. Chalnick questioned the "randomness" of funding. Mr. Barritt said it was not random; the Council asked all applicants what specific services they provide to South Burlington residents. Ms. Baker said it is hard to ask partner agencies to put in a lot of administrative time for very small grants. She recommended that it is close to the end of the fiscal year to keep the allocation of $15,000 as is or to make small changes. Then next year discuss allocations from the future larger budget in a five year context with a reporting requirement for the recipients. 8. Convene as Liquor Control Board to consider the following applications for approve: Always Full Asian Market, 2nd Class License; Charlie's on CITY COUNCIL 6 MAY 2024 PAGE 5 Fire, LLC, 1st Class Restaurant/Bar License; Farmers and Foragers, 1st Class Commercial Caterer; Hudson CAN, Tobacco license; Trader Joe's East, 2nd Class License; Waffle Chalet, 1st Class Restaurant/Bar License: Mr. Chalnick moved to convene as Liquor Control Board. Ms. Fitzgerald seconded. Motion passed 3-0. Mr. Chalnick moved to approve the liquor and tobacco licenses as presented. Ms. Fitzgerald seconded. Motion passed 3-0. Mr. Chalnick moved to reconvene as City Council. Ms. Fitzgerald seconded. Motion passed 3-0. 9. Other Business: Ms. Fitzgerald noted that H-886 is moving to the State Senate which may change the city's proposed Charter change to increase the School Board from 5 to 7 members. 10.Consider Entering Executive Session for the purposes of discussing a Labor relations agreement between the City and Library Employees, 1 V.S.A. 313(a)(1)(b): Ms. Fitzgerald moved that the Council make a specific finding that premature general public knowledge of the Council's discussion of Labor Relations Agreements with Employees would clearly place the public body at a substantial disadvantage. Mr. Chalnick seconded. The motion passed 3-0. Ms. Fitzgerald then moved that the Council enter Executive Session under 1 V.S.A. Section 313(a)(1)(B) for the purpose of discussing Labor Relations Agreements with Employees, inviting into the session Ms. Baker, Chief Locke and Mr. McNeil. Mr. Chalnick seconded. Motion passed 3-0. The Council entered Executive Session at 8:00 p.m. and returned to open session at 8:20 p.m. Mr. Chalnick moved to approve the negotiated tentative agreement between the City and the American Federation of State, County, and Municipal Employees on behalf of the non-supervisory Library Employees as presented and to authorize CITY COUNCIL 6 MAY 2024 PAGE 6 the City Manager to execute the final agreement. Ms. Fitzgerald seconded. The motion passed 3-0. 11.Consider entering executive session for the purposes of discussing: a. 835 Hinesburg Road v. City of South Burlington, 1 V.S.A.313(a)(1)(e) b. Burton/Higher Ground Vermont Supreme Court Appeal, 1 V.S.A. 313(a)(1)(e): Ms. Fitzgerald moved that premature general public knowledge of Pending Civil Litigation to which the City is a party would clearly place this public body at a substantial disadvantage. Mr. Chalnick seconded. The motion passed 3-0. Ms. Fitzgerald then moved that the Council enter Executive Session for the purpose of discussing Pending Civil Litigation to which the City is a Party, inviting into the session Ms. Baker, Chief Locke and Mr. McNeill. Mr. Chalnick seconded. The motion passed 3-0. The Council entered Executive Session at 8:26 p.m. and resumed open session at 8:44 p.m. As there was no further business to come before the Council Mr. Chalnick moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The meeting was adjourned at 8:45 p.m. Clerk CITY COUNCIL 6 MAY 2024 PAGE 7