HomeMy WebLinkAboutDraft Minutes - City Council - 08/05/2024
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DRAFT MINUTES
CITY COUNCIL
5 AUGUST 2024
The South Burlington City Council held a regular meeting on Monday, 5 August
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, 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; E. Quallen, Deputy Director of Capital Projects; D. Wheeler, Water
Resources Engineer; L. MacDonald, S. Connelly, volunteer School District; B.
Sirvis, K. Bailey, J.-M. Clark, C. Shaw, J. Nadeau, J. Dowling, C. Griffin, R. Doyle,
B. Britt, B. & J. Zigmund, J. Wright, A. Hannaford, J. Allen, L. Anguin, J. Dowry, J.
Knox, F. Delwiche
1. Pledge of Allegiance
2. 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.
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:
CITY COUNCIL 5 August 2024 PAGE 2
Ms. Delwiche spoke in opposition to paving the Shared Use Path through Hubbard
Park. Her concern was for nesting bobolinks whose numbers have plummeted
because of loss of habitat.
Mr. Shaw read a letter from the South Burlington Democratic Committee
requesting a March ballot initiative to allow all residents to vote in the March
election regardless of citizenship status.
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.
Ms. Baker: 835 Hinesburg Road will be heard in conference by the U.S. Supreme
Court at the end of September. After that, we anticipate a decision on if it will be
fully heard by the Court.
Three new Police Officers started at the Police Academy this week.
Regarding the spill at the National Guard Base, there has been no
additional remediation after 3 July when the spill was deemed cleaned up. There
is continued testing, and there have been no violations of conditions. PFAS could
remain in the biosolids longer, and testing will continue. The Guard is covering
the trucking of biosolids for anything above the normal costs.
Residents have until 12 August to apply for city committee openings.
352 people participated in the 31 “days of physical fitness” at the
City’s parks in July.
There will be a girls’ sports festival on 12 October.
The next public meeting on a City Green will be on 14 August, 6:30
p.m.
The next regular Council meeting is on 19 August. On 20 and 21
August, the Council will meet to interview applicants for city committees.
6. Consent Agenda:
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a. Approve and Sign Disbursements
b. Approve Minutes from 20 May 2024 City Council Meeting
c. Approve the notice of conveyance for the Wheeler Park conservation
easement in compliance with 24 V.S.A. Section 1061
d. Receive Hazard Mitigation Plan Progress Report
e. Authorize the City Manager to sign an amendment to the Sadie Lane
Plowing Agreement extending it one year
f. Approve Resolution 2024-17 updating the City’s Ambulance Fees
g. Approve the selection of Kruger to provide the biological process
and SCADA upgrade with the real-time cloud-based process
optimization system for the Bartlett Bay Wastewater Treatment
Facility
h. Approve and execute the Lead Service Line Inventory loan
application
i. Authorize the City Manager to utilize $100,000 of Rental Registry
enterprise funding to create temporary office space with an office
trailer to be located at 575 Dorset Street and authorize the City
Manager to secure any permits or execute any contracts necessary
for the completion of this project
j. Approve the City Manager to enter into a stormwater maintenance
agreement with 3N-SB, LLC, for the construction of Garden Street
West
Members asked that items “c” and “f” be pulled from the Consent Agenda for
discussion.
Mr. Scanlan indicated that he would recuse himself from the Wheeler Park vote
due to the proximity of his home to the Park. Ms. Fitzgerald indicated she would
not recuse herself from that vote. She belongs to an HOA that abuts the Park, but
there is no land ownership with the HOA. Mr. McNeil reviewed the conditions
when a recusal should be made. Mr. Scanlan said studies seem to indicate that
there are financial implications, and he wanted to maintain his sense of looking at
everyone’s interests equally.
With regard to Item “f,” Mr. Barritt said he wanted to further study the question of
charging a service fee when there is no transportation by ambulance. Chief Locke
said that as pre-hospital care has expanded, they are using $1,000 or more in
equipment to treat patients who choose not to go on to the hospital. He felt this
would affect about 50 patients a year. Cost recovery has been approved by the
CITY COUNCIL 5 August 2024 PAGE 4
Legislature. The Town of Williston approved it last month. Chief Locke noted
they have been advocating to keep people out of the hospital. Mr. Smith asked if
those fees are recoverable through insurances. Chief Locke said 80% can be
recovered through Medicare and Medicaid. Most of that is written off after 180
days. Ms. Baker added this charge will help bring down the overall medical costs.
Ms. Fitzgerald said she supports this charge. Mr. Barritt asked if they could put
this back on the agenda in 2 weeks. Members agreed to do that.
Mr. Smith moved to approve Consent Agenda items excluding item “f” and item
“c.” Mr. Chalnick seconded. Motion passed unanimously.
Mr. Smith moved to approve Consent Agenda item “c.” Mr. Chalnick seconded.
Motion passed 4-0 via a rollcall vote with Mr. Smith, Mr. Chalnick, Ms. Fitzgerald,
and Mr. Barritt voting “yes” and Mr. Scanlan abstaining.
Mr. Smith moved to continue Consent Agenda item “f” to the 19 August 2024
Agenda. Mr. Chalnick seconded. Motion passed 4-1 via rollcall vote with Mr.
Smith, Mr. Scanlan, Mr. Barritt, and Mr. Chalnick voting “yes” and Ms. Fitzgerald
voting “no.”
7. Public Hearing: Hold a fourth reading and a Public Hearing of a
Drinking Water Ordinance Update:
Mr. Wheeler reviewed the updates to the Ordinance including establishment of a
water service area (to comply with Act S-100), a booster pump policy, a water
meter policy (including automatic meter reading language), establishment of a
City Center service area (with 250,000 gpd set aside), and updated rates and fees
(including a provision for a base rate with no rate established).
Mr. Chalnick moved to open the public hearing and waive reading of the complete
Ordinance pursuant to 24 V.S.A. Chapter 13, Section 106. Mr. Smith seconded.
Motion passed unanimously.
Mr. Dowling questioned the restriction regarding booster pumps and noted the
“horrible” water pressure where he lives. Even though his home is close to the
water tower, he cannot get enough pressure for a shower. Mr. Wheeler noted
there is a process for individual booster pumps. Mr. Nadeau added that the 35 psi
level is taken from Vermont State Law. He then explained the process to get an
individual booster pump.
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Mr. Doyle asked the process to determine the service area map. Mr. Wheeler said
they took out all natural resource areas and some elevated lands.
Ms. Griffin asked about homes at Vermont National where there is a hybrid
public/private system and pressure issues in the neighborhood. Mr. Nadeau said
there are one or two neighborhoods served by booster pump stations. He added
that fluctuating pressure is due to demand and has nothing to do with the city.
Those pumps are owned by the HOA, and the city provides routine maintenance.
Mr. Scanlan asked the benefit of the revised Ordinance to the city and the impact
regarding the building of housing. Mr. DiPietro said it will not have a huge
economic impact. It updates language and establishes the water service area as
required by law. Mr. Conner said the map reflects the zoning districts that have
largely enabled housing. The service area won’t change housing potential, but
S100 will have a long-term housing potential in the city.
Mr. Smith favored passage but also revisiting the 1000 cu. ft. minimum in the
future. He would like to see a level to incentivize conservation.
Mr. Chalnick then moved to close the public hearing. Ms. Fitzgerald seconded.
Motion passed unanimously.
8. Approve the Drinking Water Ordinance update as presented:
Mr. Chalnick moved to approve the amendments to the Drinking Water Ordinance
as presented pursuant to 24 V.S.A. Chapter 13 Section 106. Mr. Smith seconded.
Motion passed unanimously.
9. Hold a Second Reading and a Public Hearing on an update to the
Sanitary Sewer and Stormwater Ordinance:
Mr. Wheeler said staff is recommending some additional changes and is
recommending a second public hearing on 19 August. He then reviewed the
history and noted this update is separate the Sewer Ordinance from the
Stormwater Ordinance. The city currently bills for sewer through metering on a
per bedroom basis in Queen City Park, and the intent is to put this into the
Ordinance. The updates include allocation requirements and billing.
Mr. Wheeler then reviewed metering for wastewater only customers. The new
change will be on a case-by-case basis which will allow people to continue under
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the current system. He then showed the new language regarding bedroom count.
He also stressed that where it is easy to install meters, meters must be installed.
Mr. Smith said Queen City Park will be an expensive process, and they will not see
a reduction in water costs. Mr. Wheeler said the more bedrooms there are, the
quicker the payback period will be. Mr. Scanlan noted that people are being billed
even when there is an unoccupied bedroom. Mr. Wheeler said this is nothing
new; it is just codifying what has been in practice. He added that people can
install a meter that would bring the cost down once the payback is over.
Mr. Wheeler also noted there will be additional updates regarding industrial users.
Ms. Rorabaugh then reviewed the changes made to the Stormwater Ordinance
which will now be separate from the Sanitary Sewer Ordinance. She showed the
proposed changes which are the same as those presented at the last meeting.
They include changing the billing calculation to comply with State law and
updating references to State law.
Mr. Chalnick moved to open the public hearing on the Stormwater Ordinance
pursuant to 24 V.S.A. Chapter 13 Section 106. Ms. Fitzgerald seconded. Motion
passed unanimously.
Mr. Mittag questioned whether billing based on water use is equitable for people
who are filling swimming pools. Mr. Wheeler said people can call the Department
and someone will come down and measure the pool water use and deduct it from
the total use.
As there was no further public comment, Mr. Chalnick moved to close the public
hearing. Ms. Fitzgerald seconded. Motion passed unanimously.
10. Provide feedback and set a Public Hearing on an update to the Sanitary
Sewer and Stormwater Ordinance on 19 August 2024 at 7:00 p.m.:
Mr. Chalnick moved to consider further amendments as presented to the Sanitary
Sewer and Stormwater Ordinance and set a second public hearing on the
proposed amendment for 19 August 2024 at 7:00 p.m. Mr. Smith seconded.
Motion passed unanimously.
CITY COUNCIL 5 August 2024 PAGE 7
11. Discuss the intersection of Market Street and the Rick Marcotte Central
School access road to ensure the needs and safety of all users ae met
and provide direction to staff:
Mr. Chalnick noted this agenda item has come out of the Safe Routes to School
Task Force. The intersection has been identified as an issue for safety of students
and for buses making the turn out of the school access road. One question is
whether there is something structural that can be done at the intersection and
whether the city should hire a consultant to determine this. Mr. Scanlan said this
seems like an accident waiting to happen. He asked if there is value to the cost of
hiring a consultant. Mr. Barritt questioned whether there is something practical
that can be done before the start of school.
Ms. Quallen referred to a memorandum that lays out different low cost/short term
options as follows:
a. Reconfigure bus routes in and out
b. Create a nearby bus drop-off, and walk the children the rest of the way
to the school
c. Move the “Stop” bars further back
d. Among others outlined in the memo
Ms. Baker noted that regardless of infrastructure changes, the culture of driving of
the parents, caregivers, and commuters needs to change. Folks are responsible
for their neighbors’ safety.
Mr. Smith asked whether a traffic control person would help. Ms. Baker said the
School District has worked to hire someone for two years.
Ms. MacDonald said a temporary drop-off location won’t work, and she didn’t feel
parents would support that. She would like to find a way to get more help getting
buses in and out of the driveway. An actual 4-corner intersection would help.
She thought a study would be a good way to go. Ms. MacDonald also noted that
having a Police presence has been very helpful. It was noted that “non-police”
are not as respected as Police Officers are.
Ms. Fitzgerald said the design is really difficult and she feels unsafe, and it would
be bad to start another school year with the same problems. She believes there
are potential long-term solutions. She is also convinced that a Police presence at
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the beginning of the school year is important. She did favor moving the “Stop”
bars back so drivers become aware of them and used to them.
Mr. Doyle suggested some colorful road painting and more signage with
geometry as a long-term goal.
Ms. Connelly said she has been the traffic person in the intersection now and this
is becoming very dangers. She suggested hiring a Community Engagement
Officer who would have a sense of authority. People now go right through the
“Stop” signs, and traffic will increase with new buildings opening up. She
commented that “Road rage is terrible,” and it is not reasonable for her to be out
in the street. She didn’t feel moving the “Stop” bars back would help because
people don’t obey the rules.
Mr. Scanlan asked staff to come back with what it will take to get a person of
authority and the cost right away and to start a study for a comprehensive
solution. Ms. Baker said she will bring back a proposal for a study, and staff will
do its absolute best to get someone for the intersection before the beginning of
school.
Ms. MacDonald said one thing that would help is opening up the egress via Allard
Square so cars could exit that way to Dorset Street. Opening Mary Street would
also help. She noted that Allard Square is opposed to this. Mr. Barritt asked staff
to take a look at that possibility.
Ms. Hannaford cited a difference in culture between Burlington and South
Burlington drivers. She said Burlington drivers are more willing to obey traffic
rules. She felt there should be some culture education in South Burlington. Ms.
MacDonald agreed.
Mr. Smith asked about the possibility of using the Marcotte School driveway to
get to Williston Road. Ms. MacDonald said that is not actually a road, and it would
take a lot of work there including removal of a fence. Turning onto Williston Road
could be treacherous. But it could be an opportunity for the future. Mr. Smith
said it could be a “right turn only” exit. Ms. Fitzgerald agreed it could be part of a
solution.
12. (moved from #12) Discuss Chapter 14 Article II “Nuisances” of our Code
of Ordinances. Outline the goals the Council is trying to achieve and
provide direction to staff:
CITY COUNCIL 5 August 2024 PAGE 9
Mr. Chalnick said that he and Mr. Smith have put together a document regarding
changes to nuisance issues, specifically related to noise issues that are difficult to
address. The document addresses the following:
a. A clear objective metric regarding daytime noise
b. Consideration of noise from edgers and trimmers
c. Combines the existing 2 sets of noise standards into one document
Mr. Chalnick noted that South Burlington has a nighttime metric but not one for
daytime noise as other communities have. There is some consideration for
construction noise. Mr. Smith acknowledged this is a delicate issue and they are
looking for a balance that meets the needs of all the community. He suggested
hiring a noise expert consultant so what they come up with is realistic and
enforceable.
Ms. Fitzgerald said she is concerned because there is no data regarding the
number of noise complaints, particularly edgers and trimmers. She would also
want data on pickleball noise. She also would want to hear from the city as to the
need to meld the 2 ordinances that relate to noise.
Mr. Scanlan shared many of Ms. Fitzgerald’s concerns. He felt this issue should
be in the hands of experts, which the Council is not.
Mr. Barritt said he is trying to think of what is “broken.” He agreed that ledge
chipping is detrimental to quality of life. He would be more willing to talk about
edgers and trimmers as an environmental concern than a noise concern. He
stressed that roof and shingle replacements have to happen, and they are noise
generators. He felt staff should be the ones to deal with this.
Mr. Smith said he believes there is a deficit in the city’s regulations that should be
addressed. Noise pollution is becoming a larger issue as the population
increases.
Ms. Baker said she would need guidance on how to prioritize this.
Mr. Allen said he has dealt with the pain of ledge drilling. The area could have
been blasted which would have been a much shorter duration of noise; it was not
done because of cost. With regard to edgers and trimmers, Mr. Allen said to keep
in mind the cost to small business owners.
CITY COUNCIL 5 August 2024 PAGE 10
Ms. Downey agreed with adding decibels to the noise ordinance. She said
anything above 65 decibels can be destructive to people. Jackhammering can get
to over 100 decibels as can drilling.
Ms. Hannaford noted that every remote meeting she was involved in was
disrupted by drilling noise. She felt it is important to add decibels to the
ordinance.
Ms. Anguin said it is calmer now with no jackhammering going on. She noted the
number of people working from home. She felt people should build where there
is no ledge.
Ms. Griffin noted that today landscapers were trimming hedges all day in her
neighborhood at over 75 decibels. It takes a whole day to mow the development
common land plus individual lawns. This can reach up to 115 decibels. She also
cited the noise from planes from the flight school which starts at 6 a.m.
Ms. Knox said she supports what everyone has said and feels a number is a must.
Dr. Zigmund cited the need for an enforceable noise ordinance. She noted the
agreement with the Long Road builder allows them to violate the noise ordinance
with residents being moved into hotels at the builder’s expense for 3 days. She
also agreed regarding noise from leaf blowers.
Mr. Zigmund urged the City to do something about ledge before the next
construction season. He asked why the building wasn’t required to do things
enumerated in the agreement that are less noisy. He felt the City Manager
overstepped her bounds in negotiating that agreement.
Mr. Allen urged the Council not to do anything quickly.
Ms. Fitzgerald said she would prefer to have another Council retreat. She felt the
master list is too ambitious. She also noted there are projects that have been
approved where chipping is part of the approval, and this could have a legal
impact.
It was suggested to do a second retreat on 11 September instead of the facilities
tour.
CITY COUNCIL 5 August 2024 PAGE 11
13. Convene as Liquor Control Commission to consider the following
application for approval: The Inn at Burlington, 1st Class License; Myer’s
Wood fired, 3rd Class Restaurant/Bar License & Outdoor Consumption
Permit:
Mr. Scanlan moved to convene as Liquor Control Commission. Mr. Smith
seconded. Motion passed unanimously.
Mr. Chalnick moved to approve the Licenses for The Inn at Burlington and Myer’s
Wood Fired as presented. Ms. Fitzgerald seconded. Motion passed unanimously.
Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion
passed unanimously.
14. Other Business:
Ms. Baker said the next Council agenda includes the second public hearing on the
Sewer/Stormwater Ordinance, a report on the Airport Commission, the City
Green, S-100 LDR changes from the Planning Commission, the City Charter
Committee request to increase the City Council membership, pickleball, ARPA
fund (these must be under contract by December of this year), and 2 executive
sessions.
15. Consider entering Executive Session for the purposes of discussing
pending and probable litigation specifically on enforcement actions
related to the Nuisance Ordinance:
Mr. Chalnick moved that the Council make a specific finding that premature
general public knowledge of the Council’s discussion of Pending or Probable Civil
Litigation or a prosecution to which the City may be a Party and confidential
attorney-client communications made for the purpose of providing professional
legal services to the Council would clearly place this public body at a substantial
disadvantage. Ms. Fitzgerald seconded. Motion passed unanimously.
Mr. Chalnick then moved that the City Council enter into executive session under
1 V.S.A. Section 313(a)(1)(E) and (F) for the purpose of discussing Pending or
Probable Civil Litigation or a prosecution to which the City may be a Party and
Confidential Attorney-Client Communications made for the purpose of providing
professional legal services to the Council, and inviting into the session Ms. Baker,
CITY COUNCIL 5 August 2024 PAGE 12
Chief Locke, Mr. McNeil, and Mr. Conner. Ms. Fitzgerald seconded. Motion
passed unanimously.
Members entered executive session at 10:45 p.m.
Following the executive session, 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 11:46 p.m.
_________________________________
Clerk