HomeMy WebLinkAboutDraft Minutes - City Council - 07/15/2024
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DRAFT MINUTES
CITY COUNCIL
15 JULY 2024
The South Burlington City Council held a regular meeting on Monday,15 July
2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Zoom remote
participation.
MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L.
Smith
ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C.
McNeil, City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Public
Works Director; M. Machar, Finance Director; Chief S. Burke, Police Department;
A. Matth, Recreation Director; D. Wheeler, Water Resources; L. & R. Weinstein, C.
Tudor, N. Phelan, L. Norris, N. Pollack, P. & T. Benninger, R. Doyle, D. Senior, J.
Spring, B. Sirvis
1. Pledge of Allegiance
2. Instructions on exiting building in case of emergency and review of
technology option:
Chief Locke provided instructions on emergency exit from the building and
reviewed technology options.
3. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
4. Comments and questions from the public not related to the agenda:
No issues were brought forth.
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5. Announcements, councilors reports from committee assignments and
City Manager’s Report:
Council members reported on meetings and events they had attended in recent
weeks
6. Consent Agenda:
a. Approve and Sign Disbursements
b. Authorize the City Manager to enter into a contract with Desorcie
Emergency Products for the purchase of an aerial fire apparatus (fire
truck) for a price not to exceed $1,600,000 upon final review and
approval of the City Attorney
c. Approve the Appointments to the Safe Routes to School Task Force
as presented
d. Approve Resolution 2024-16 extending expired Committee
appointments on policy advising Committees until new
appointments ae made
e. Approve the award of the Bartlett Bay Culvert Replacement Project
engineering and design contract to Stantec
In answer to a question from the Council, Mr. DiPietro explained the preliminary
engineering has been done on the culvert replacement; this item is for the final
engineering.
Mr. Scanlan asked whether ARPA funds can be used for the fire truck. Ms. Machar
confirmed that this is an allowable use. Mr. Scanlan suggested discussing this at
the next Council meeting.
Mr. Chalnick then moved to approve the Consent Agenda as presented. Mr.
Smith seconded. Motion passed unanimously.
7. Public Hearing: Hold a Third Reading and Public Hearing of a Drinking
Water Ordinance Update:
Mr. DiPietro noted that this is the first public hearing and that one of the originally
proposed changes will be stricken.
Mr. Wheeler then reviewed the significant changes as follows:
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a. He showed the revised map of the water service area
b. New booster pumps will be prohibited to comply with State
regulations
c. Clarifying language related to costs and ownership of water
meters (Mr. Wheeler noted they are moving toward automatic
meter reading)
d. Establishment of a City Center service area with 250,000gpd set
aside
e. Updated rates and fees. A base rate has been added which could
be established in the future but has no rate assigned to it at this
time.
Mr. DiPietro said they are recommending no action at this meeting as staff is
trying to determine how to do wastewater billing for those who are not on the city
system. This relates to Queen City Park. The suggestion is to re-warn this item
for 5 August with possible action including deleting Section 38-107(2).
Mr. Chalnick then moved to open the public hearing and to waive the formal
reading of the Ordinance as per 24 V.S.A. Section 106. Ms. Fitzgerald seconded.
Motion passed unanimously.
Public comment was solicited. There was no public comment.
Mr. Chalnick moved to close the public hearing. Ms. Fitzgerald seconded. Motion
passed unanimously.
8. Possible Action: Approve the Drinking Water Ordinance –
Mr. Smith moved to approve the amendment to the Water Ordinance, striking
Section 38-107(2), and warn a new public hearing for 5 August 2024. Ms.
Fitzgerald seconded. Motion passed unanimously.
9. Receive Information from the Community and Staff on the pickleball
courts at Szymanski Park:
Public comment was received as follows:
Ms. Bonnaccio: Gave members copies of articles from newspapers and
magazines plus photographs from the local scene. She spoke to issues of danger,
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traffic and noise and noted that in 2 decibel readings she has done in her
bedroom, numbers were above what is allowable (72.9 and 68.4). She said this
goes on 15 hours a day and results in Andrews Avenue becoming a one-lane road
which is unsafe for neighborhood children. She felt this is the wrong place for
these courts which should be located where there is adequate parking and where
neighbors are far enough away not to be disturbed by the constant noise.
L. & R. Weinstein: New residents in the community, avid pickleball players who
bought their home because of its proximity to the courts. Mrs. Weinstein
understood the noise issue and suggested putting soundboard and screening
around the courts.
Mr. Tudor: He is an ambassador for the USA Pickleball Association. He
acknowledged that noise is an issue nationwide and that parking is also an issue
at this location. He said the popularity of the courts was not anticipated or
planned for. He suggested sound curtains around the area and also possibly
limiting hours of operation. The parking lot holds only 6 or 7 cars. He said that as
long as hours are not limited, the courts will be used. Mr. Smith asked about
mufflers for the rackets. Mr. Tudor said they do reduce the noise. He also noted
that some local businesses are providing indoor and outdoor courts. The sport is
keeping people active and fit, but he acknowledged the need to be considerate of
neighbors. He also apologized for a confrontational issue that arose.
Ms. Norris: Spoke with the President of Racket’s Edge where there are 8 new
outdoor courts, who said there are not enough courts in South Burlington to
support the interest in the sport. She believes soundboards would be great and
that the lights should go off at 8 p.m.
Ms. Pollack: Lives 50 steps from the courts and enjoys the noise. She agreed
there is a traffic and a parking problem. Would not want to stop the use at
Szymanski Park.
Ms. Benninger: Enjoys the sport and finds it a safe and enjoyable place to meet
community members and spend time. Felt there is room for compromise.
Mr. Doyle: Pickleball is different from other sports from a noise point of view.
Felt more private entities could be providing for the sport. Roads are designed for
18 mph traffic, but the lowest allowable speed is 25 mph. Felt it would cost more
to address the sound issue than it would to build courts elsewhere. Stressed that
the Council can undo something that has been done.
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Ms. Phelan: Lives near the courts and plays several times a week. People were
playing at 6:30 a.m. and 11:30 p.m., but that has changed. It could be changed
further to 8 a.m. to 8 p.m. There is other parking available in the neighborhood.
Mr. Spring: The park should be dedicated to the people of the community. It
shouldn’t go till 10 p.m. Parking is a problem and should be disbursed.
Mr. Benninger: Bikes to the park and finds it a way to bring the community
together. Hopes to find a way to meet in the middle.
Mr. Senior: A Shelburne resident who plays every day and considers it a
privilege to play there. He suggested posters telling drivers to slow down and use
only available parking places. Problems need to be solved. Players want to do
the right thing.
Mr. Matth: Frequently goes to the park which is very popular at times though not
always. Some rules have been posted. Use is on a first come/first serve basis. If
people are waiting, there is a 30-minute use limit. Lights are not needed in the
summer until 9 p.m., and people can easily play without lights from 8-9 p.m.
Lights could be changed to go off at 9 p.m. If that is done, Jaycee Park may also
need to be adjusted.
Mr. Barritt asked about sound padding. Mr. Matth said it ranges from $7 a square
foot, depending on how you use it. To go all the way around the courts would
cost about $11,000-$15,000. He noted that the City Plan requires the presence of a
park within a quarter of a mile from all neighborhoods, so this is really a bigger
conversation.
Mr. Smith said it is important to have parks close to neighborhoods, but it is also
important for people to be able to have a quality of life that is undisturbed. There
should be a balance between the players and the community to satisfy all sides in
this issue.
Mr. Barritt said there are alternatives for parking on other streets and that people
who are hardy enough to play pickleball can walk from those parking places to the
courts.
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Chief Burke said they began getting calls about issues in 2023. The Traffic Safety
Officer did not identify any issues. The speed trailer was employed this year and
there was a high compliance with the 25 mph limit.
Ms. Fitzgerald noted there are a number of “Slow Down” signs in Cider Mill, and
the number of them was very impactful to her. It was obvious that there is
concern with people exceeding the 25 mph speed limit.
Mr. Chalnick asked if there has been any official measurement of decibels. Mr.
Matth said there has not. Mr. Chalnick said he would like that to happen. He
indicated he is a pickleball player and has talked with other players. A great
majority will follow rules. He cited the issues as noise and parking (taking up
spaces and leaving no room for residents’ use). He suggested “resident only”
parking, limiting playing hours, and limiting the size of groups that are playing.
He said he tried using a muffler on his racket, but it made the racket heavier and
less comfortable to use. He suggested getting an estimate on a sound barrier.
Mr. Smith suggested a sign asking people to bike to the site if they can instead of
driving.
Mr. Scanlan asked if there is a plan for more pickleball courts in the city. Mr.
Matth said that will be part of the discussion with the public. He cited the problem
with having policies the city can’t enforce. Chief Burke said they can’t enforce
“resident only” parking. He also noted that if one neighborhood gets that, other
requests will follow.
Chief Locke said the city can get information/pricing on sound barriers and can
post rules, but they cannot respond to all complaints. Mr. Chalnick said the
pickleball community wants to be good neighbors and will comply with posted
rules.
10. Receive a briefing on H-875, the Municipal Code of Ethics and changes
to City process:
Mr. McNeil explained that H-875 will go into effect on 1/1/25. It is similar to South
Burlington’s Code of Ethics with some additions. It requires training by 9/25,
which can be done by the City and can be done virtually. The Code must be
posted on the City’s website and must include enforcement procedures. The City
must keep a record of who has taken the training and also records of any
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complaints (the City must name a person who will serve as contact for
complaints). Mr. McNeil said the City will probably withdraw its Code of Ethics
and just go with the State Code.
Mr. Scanlan asked if there is a test and noted there is such a test with the Federal
Code of Ethics. Mr. McNeil said there doesn’t seem to be. The training will be
developed by the State Ethics Commission, and there will be consequences for
people who are required to take the training but do not do so.
Ms. Baker said this is more of a process change for the City rather than a content
change. She added that it behooves the City not to have this “passively applied.”
11. Hold a general discussion of the first four months of the new Council:
Members provided their view on their first four months as a Council as follows:
Mr. Barritt: Appreciates how the Council is working together and the range of
opinions.
Mr. Smith: Feels they are still in the “honeymoon period.” Appreciates the
collaborative effort with almost all votes unanimous. The Retreat was very helpful
in setting the agenda for the year. Mr. Barritt is doing an excellent job.
Ms. Fitzgerald: Came into the role expecting to now a fair amount re: process.
The learning curve regarding city issues has been very steep. She has not yet had
the opportunity to meet with Planning & Zoning staff. She is very impressed with
Ms. Baker and the administrative team, particularly with their professionalism.
She is also impressed with “succession planning,” mentoring talent. She keeps
looking for ways to engage with School District people. She also cited the need to
be aware of “tax sticker shock” coming up with the next budgets.
Mr. Chalnick: Echoes other comments. He finds the role rewarding
and cited the excellent city staff. He urged moving with haste to implement
policies from the Retreat.
Mr. Scanlan: Was told this was “two Mondays.” Has learned this is not the case.
Cited a very supportive group and said he hadn’t expected the level of experience
from Ms. Baker and her group. Would have appreciated a little more “on-
boarding.” The efforts to reach out to the community are exciting. He also
appreciated the respectful atmosphere. Suggested having something like the
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Retreat more often during the year, at least once before the budget work. Coffee
with Councilors has been very rewarding and educational.
Mr. Barritt: Underestimated the additional amount of time required as Chair.
Appreciates Ms. Baker and her team who make things very easy. Enjoys ribbon-
cuttings and open houses.
Ms. Baker thanked members for their kind words. She also commented on
members respect for each other and hoped the “honeymoon” continues. She
also appreciates members going into the community and bringing back thoughts
as well as championing city efforts.
Mr. Smith was particularly impress with the number of staff people who appeared
this evening to solve both technical and air conditioning problems. Chief Locke
said most of them came from home, one from Georgia, to solve the issues.
Ms. Sirvis commended all members. She didn’t recall ever hearing this kind of
reflective conversation. She also cited the great job members did with a difficult
topic at this meeting.
12. Convene as Liquor Control Commission to consider the following
application for approval: Copper at Dorset, Outside Consumption
Permit:
Mr. Chalnick moved to convene as Liquor Control Commission. Mr. Smith
seconded. Motion passed unanimously.
Mr. Chalnick moved to approve the Outside Consumption Permit for Copper at
Dorset as presented. Mr. Smith seconded. Motion passed unanimously.
Mr. Smith moved to reconvene as City Council. Ms. Fitzgerald seconded. Motion
passed unanimously.
13. Other Business:
Mr. Chalnick advised that the Williston Selectboard will be considering moving
with a renewable heating ordinance and has asked him to speak with them about
this.
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As there was no further business to come before the Council Mr. Chalnick
moved to adjourn. Mr. Smith seconded. Motion passed unanimously. The
meeting was adjourned at 8:52 p.m.
__________________________, Clerk