HomeMy WebLinkAboutDraft Minutes - City Council - 08/19/2024
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DRAFT MINUTES
CITY COUNCIL
19 AUGUST 2024
The South Burlington City Council held a regular meeting on Monday, 19 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
(arrived mid-meeting), 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; A. Matth, Recreation Director; P. Taylor, Chair, P. Engels, A.
Lalonde, W. Coleman, City Charter Committee; C. Tillinghast, School Board; D.
MacDonald, Planning Commission; J. Grossman, L. Marriott, C. Griffin, S.
Crowley, M. Funari, B. Zigmund, H. Riehle, Laura W., T. Powell, Andrea, Ms.
Kirschner, A. Johnson, M. Mittag
1. Pledge of Allegiance:
The Pledge of Allegiance was recited.
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:
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No comments or questions were received.
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: Attended the City-School meeting this afternoon. Reminded
members of the Steering Committee meeting on 18 September at 6 p.m.
There will be an information meeting regarding City Center for city
and Marcotte School personnel on 22 August, 3 p.m., in the City Hall Auditorium.
The City will be hosting a meeting regarding the new Mental Health
Urgent Care Center to be located in Burlington.
Thursday evening will be the last “Night Out” in Veterans Memorial
Park
The kickoff for Goose Park will be on 5 September.
Interviews for city committees will be held on Tuesday (4:00 p.m.)
and Wednesday (6:30 p.m.) of this week.
Ms. Baker then read a statement regarding the City’s response to noise issues on
Long Drive due ledge chipping related to the construction of homes. She noted
that when neighbors voiced their concerns in 2023, the City sought an injunction,
but the Court would not order the stopping of the construction. When, in 2024,
another home was under construction, the City negotiated alternatives with the
developer which included having residents move into a hotel for 3 days if there
was jackhammering. If the jackhammering went beyond 3 days, the developer
would be fined $10,000 per day. This put the City in a better legal position. In the
end, no jackhammering was needed for that home.
6. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Resolution 2024-19 adopting the South Burlington,
Vermont Municipal Informational and Guidance Sign system
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c. Approve the selection of CRO Planning & Design to complete the
Parks and Open Space Master Plan and authorize the City Manager
to execute a contract with them
d. Approve Resolution 2024-17 updating the City’s Ambulance Fees
e. Receive an update on efforts around the intersection of Market
Street and the Rick Marcotte Central School access road to ensure
the needs and safety of all users are met
f. Accept easements with Investors Corporation of Vermont for the
Kennedy Drive Stormwater Pond #7
g. Accept easements with Treetop Park Association, Inc., for the
Kennedy Drive Stormwater Pond #7
h. Approve and authorize the City Council Chair to sign the documents
related to Loan RF1-353-20 to support the Airport Parkway Solids
Handling Improvement Project
Mr. Smith said there needs to be a notation in Item “C” that it will be in
conjunction with the transportation plan. Ms. Kirchner said that was included in
the original presentation and in the RFP.
Ms. Fitzgerald asked about the outsourcing of 2 items. Ms. Kirchner said they
involve more than can be done in-house. Ms. Baker noted that 7 members of the
Public Works Department were present at this meeting. Mr. Barritt thanked that
Department for clearing rec paths (and bees!) after Sunday’s storms.
Mr. Chalnick moved to approve the Consent Agenda as presented. Mr. Smith
seconded. Motion passed 4-0.
NOTE: Agenda items were heard out of order due to time considerations but will
be documented here in the order of the agenda.
7. Public Hearing: Hold a Third Reading and Second Public Hearing on an
update to the Sewer and Stormwater Ordinance:
Mr. DiPietro reviewed the Sanitary Sewer Ordinance changes as follows:
a. He showed the map of the Sewer Service Area and noted that
anyone living in that area must connect to the city sewer system
b. Meters for wastewater only customers (mainly in Queen City Park)
– this allows keeping of the bedroom count system
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c. Updated billing: the City can impose a base rate, but no rate has
been established
d. Established the City Center Service Area with 150,000 gpd
allotment
e. Cleaned up some allocation requirements; allocations run with the
land
f. Miscellaneous administrative updates
Mr. DiPietro noted that they are working to identify industrial users and may
return with additional amendments.
Mr. DiPietro then outlined the major Stormwater changes as follows:
a. Separates Stormwater and Sewer
b. Changes billing calculations
c. Updates references to State Law
d. Updates language t5o reflect 2023 State Law
Mr. DiPietro noted this is the 3rd reading and second public hearing. The Council
can adopt the amendments, make changes and re-warn, or take no action.
Mr. Chalnick moved to open the public hearing on updates to the Sewer and
Stormwater Ordinance. Mr. Smith seconded. Motion passed 4-0.
Public comment was received as follows:
Mr. Johnson: Expressed concern regarding Queen City Park and his
authority over water quality. He noted that the City has given permission to do
things that are not allowed in Queen City Park. He stressed the need to discuss
these and other details.
Mr. Mittag: Was told very old sewer lines are leeching into the ground.
One solution is to reline them. He asked if this can be measured.
Mr. Powell: Suggested waiting until industrial data is collected and do the
whole thing at one time.
Mr. Funari: People in Queen City Park are concerned with the $1,000
charge 5to hook up to the system. They would like a DPW person to come down
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and talk with that community. He stressed that they know how much water they
use.
Mr. Crowley: Always assumed Queen City Park rates are fair. He did
not think metering is fair. A lot of water is used for gardening/community gardens
and does not become sewage. Questioned how the city can impose something on
a system that is not theirs.
Mr. DiPietro addressed water control for Queen City Park and said DPW is willing
to discuss this with Mr. Johnson. He noted that in order to install a meter they
have to cut into the line, and Mr. Johnson can be part of that process. Mr.
Johnson said if it is a question of repairing/replacing meters, he needs to be
notified. Mr. DiPietro said Jay Nadeau knows the details of disinfection, and any
meter replacement is done by the Water Department.
With regard to leakage/relining of pipes, Mr. DiPietro said there is no capital
project at this time to reline pipes in the area. DPW would know if there is a major
failure.
Regarding the proposed industrial amendments, Mr. DiPietro said the current
amendments are driven by Act 47 compliance which is why it is happening now.
He also noted that industrial billing wouldn’t have any impact on Queen City Park.
Regarding the feasibility of installing meters in Queen City Park, Mr. Smith noted
that no one in QCP has a meter now. Mr. DiPietro said there is an allowance
where it is not feasible, so everyone is billed in the same way.
Ms. Baker said this rewrite is an attempt to implement State Statute. The city took
the opportunity to modernize language at the same time. She noted that the City
Council has fiduciary authority over utilities.
Mr. Chalnick then moved to close the public hearing. Ms. Fitzgerald seconded.
The motion passed 4-0.
(Mr. Scanlan arrived during the subsequent discussion)
8. Potential Action: Approve the Sewer and Stormwater Ordinance update
as presented:
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Ms. Fitzgerald questioned the governance of a separate water district. Ms. Baker
explained that Queen City Park has its own water source and Water District. The
City does provide sewer service there. Ms. Fitzgerald suggested resolving the
Queen City Park issues in a separate action, possibly a 2-year lead time to install
meters.
Mr. Smith said he favors meters so that customers are treated equally or, when
there are options, options are available to everyone. He wanted to be sure the
Queen City Park issue gets clarified. Mr. DiPietro noted that the “bedroom
system” actually costs people more, except for one-bedroom homes, and there is
a payback period for meter installation. He was open to discussing an
implementation time-line.
Mr. Chalnick then moved to approve the Sewer and Stormwater Ordinance update
as presented and to acknowledge the intent to revisit the discussion regarding
Queen City Park. Mr. Smith seconded. Motion passed unanimously.
9. Potential Action: Approve Resolution 2024-18 to adopt the Stormwater
Credit Manual as presented:
Ms. Rorabaugh and Mr. DiPietro cited the need to update the Credit Manual to
have a credit policy for stormwater and noted there are very few changes, and
they do not see a lot of credit applications.
Mr. Chalnick moved to approve Resolution 2024-18 to adopt the Stormwater
Credit Manual as presented. Ms. Fitzgerald seconded. Motion passed
unanimously.
10. Receive an Update from the Burlington International Airport from
Airport Commissioner Helen Riehle:
Ms. Riehle recommended that the Council include an annual presentation by the
Airport Director in its annual work plan.
Regarding the proposed hotel at the Airport, Ms. Riehle said the Airport had to
back away from the organization that was trying to build it because they couldn’t
find financing. There were also some new issues found by the DRB which will be
included in the next RFP. The intent is still to build the hotel.
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Regarding leaded fuel, Ms. Riehle reported that general aviation planes are using
a low-lead fuel. The Airport can’t limit any type of aeronautical activity. Small
planes are a money-maker (charged on a take-off and landing basis). They are
working with Heritage Engineering on lead-free engines, but the Airport cannot
mandate them.
Regarding noise abatement, there is a contract with Jones-Payne to carry out the
improvements. They will be based at the Airport. Ms. Riehle said the process is
frustratingly slow. They have completed 9 homes in Phase I to date. There is
money for Phase 2, and 5 homes have been done in that phase with testing done
for all the homes, so it should go faster. There are 47 homes in Phase 3 which will
begin this fall (some of those homes are in Winooski). The Airport will reach out
to 50 more homes to see if they want to participate. 16 of those homes will be in
Phase 4. There is probably a decade of work to be done. Those whose homes
have been completed are very satisfied with the work.
The City of Burlington is working on new rules for taxis to require them to accept
credit cards. They also applied for a “full timber grant” to allow timber to be used
in the new extension instead of steel. The City received a large grant for this.
There will be a new sound plan/noise map released in October followed by public
hearings.
With regard to airline service, Breeze is adding a direct flight to Ft. Myers, and
United is bringing back the Denver flight.
With regard to the leakage in Air Guard hangars, Ms. Riehle noted that the Air
Guard is required to use chemical fire-fighting. All hangars that BTV uses employ
water, not chemicals.
Overall, the Airport is financially just a bit above where it was pre-2019/COVID. It
is one of the busiest airports of its size in the country.
Ms. Fitzgerald asked about air quality measurements due to heavy air traffic. Ms.
Riehle said there is a question as to how to allocate that pollution to a specific
source.
Mr. Smith asked about the noise metric used by the Airport. Mr. Barritt said they
use 24-hour Daily Noise.
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Mr. Scanlan asked if there is a way to accelerate the home/noise abatement
process. Ms. Riehle said there is only so much money allocated per year as well
as some workforce issues.
Mr. Scanlan also noted public concern with the pulling back of some New York
flights. Ms. Riehle said she would check on that.
11. Receive a request from the City Charter Committee to expand the City
Council and possible direction to staff:
Mr. Taylor introduced the members of the Committee.
Ms. Lalonde reviewed the history and noted that the Committee had voted
unanimously for a ballot item to increase the Council membership in order to
achieve more diversity. She also noted that the Council has been discussing how
to get committee members more involved. One way to accomplish this is to
follow through on a unanimous decision a committee has presented to them. Ms.
Lalonde added that the committee did not recommend a specific number of
Council members.
Mr. Coleman said he voted for this and also supported having the city vote in
wards. Mr. Engles said he, too, supports the increased Council membership and
voting by wards. He hoped this could be on the November ballot.
Ms. Baker noted that because the State will be mailing November ballots, the
deadline is next week for ballot items, so it would have to be the March ballot.
Mr. Barritt said his fear is very late meetings with more people to comment. He
agreed that there would be more representation. Mr. Chalnick tended to agree
with Mr. Barritt and did not find anything compelling in the “pros and cons” in the
committee’s report. He wasn’t sure the Council would gain more perspective. He
wanted to know what the standard is across the country.
Mr. Smith said he wasn’t prepared to make a decision at this time. He also noted
there was a deliberate decision by the previous City Council not to act on the
committee’s report. He suggested continued discussion at the upcoming strategic
planning meeting. He said it would be harder to make decision and to deliberate
with more members. He also felt that voting by wards would cause division in the
city.
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Ms. Fitzgerald said she had served on the City Charter Committee and supported
the decisions of the committee based on growth of the community, community
engagement.
Mr. Scanlan said he supports going to the voters to give more confidence that
they are being heard. He did not feel length of meetings should be a
consideration. He also felt wards would allow more voices to be heard.
Mr. Barritt said he is “on the fence.” He was willing to entertain the idea, noting
that a city needs to grow and change over time. He suggested having the
committee come back with more data. Ms. Baker said that if the Council wants
data for the September retreat, she recommended charging just Mr. Taylor and
Ms. Lalonde with doing that research as the data would be needed by 4
September.
Mr. Mittag said he never felt the Council was unresponsive. He also felt more
members would put more of a burden on Ms. Baker and her staff.
Ms. Tillinghast, School Board Chair, said the Board would like a voice on the City
Charter Committee. Mr. Barritt said the 2 School Board members would remain
on that committee.
Ms. Lalonde said there was also a suggestion from the committee that the City
Clerk be a permanent member of the committee. Council members said that
made sense. Ms. Baker said she will bring the Council a Resolution to that effect.
Mr. Chalnick recalled that Chris Shaw had submitted a letter asking the Council to
have the City Charter Committee consider non-citizen voting in local elections.
Ms. Baker noted there are 2 vacancies on the committee. She also said that if the
Council wants the committee to consider Mr. Shaw’s request, there should be a
new charge to the committee.
12. Receive an update on Pickleball operations at Szymanski Park and
possibly approve a Fund Balance request for sound mitigation:
Mr. Matth said he did sound readings at the Park and found an average of 63.19
just outside the gate, 46.2 in the parking lot, and 51.4 near the tree-line. His
measurements could not differentiate ambient sounds. He also got 6 quotes for
covering of fencing, ranging from $17,000 to $30,000 with a variety of different
CITY COUNCIL 19 August l 2024 PAGE 10
results. He did not recommend spending that amount of money on sound
barriers.
Mr. Barritt said he looked at the materials used at The Edge. Mr. Matth said that is
the $30,000 variety.
Mr. Chalnick said it would be reasonable to conclude that readings at homes
nearby would be less. Mr. Barritt said that would depend on whether there are
also loud voices as well as game noise. He cited the 3 issues as hours of
operation, noise abatement, and lights.
Mr. Chalnick suggested planting arba vitae on the open strip of land. Mr. Matth
felt that would help. He recommended getting 5 to 6-foot trees which grow fast
and cost about $200.00 each.
Mr. Barritt then suggested changing the hours to either 8 a.m.-7 p.m. or 9 a.m.-8
p.m. Ms. Baker said players would have to self-police those hours.
Mr. Scanlan said the Council should also commit to finding a long-term solution
as the demand for pickleball will increase.
Ms. Norris said she hoped the Parks Master Plan will include more courts. It is a
6-month a year sport. She also noted there are different types of paddles being
designed that could help address noise issues.
A member of the public said there was only one person making a complaint, and
going to 9 a.m. didn’t make sense to him
Ms. Fitzgerald said the sound can be very annoying. She recommended
considering the investment in shrubbery.
Mr. Smith said 10 hours a day is a good amount of time for people to play
pickleball.
Mr. Chalnick noted there were also complaints about parking and traffic. He
suggested posting a map at the park indicating where there is alternate parking.
Mr. Chalnick then moved to limit pickleball hours to 9 a.m. to 8 p.m. and to make a
commitment to find a long-term solution. Mr. Smith seconded. Motion passed
unanimously.
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13. Hold a first reading of Land Development Regulations Amendments
#LDR-24-01 to LDR-24-10 as recommended by the Planning Commission
and related to the requirements of Acts 47 and 18 and City goals on
housing, climate change, and transportation. Set a public hearing for 16
September 2024 at 7:00 p.m.:
Mr. Conner said the Planning Commission worked on the amendments for 9
months. He recommended the Commission Chair give a full presentation on 16
September and that the Council warn a public hearing for that date. He noted the
amendments would take effect when warned.
Mr. MacDonald said the amendments are organized into 3 sections:
transportation, thriving neighborhoods, and streamlining development process.
The transportation section removes the traffic overlay districts and establishes a
new Transportation Demand Management process. The thriving neighborhoods
section meets the standards of Acts 46 and 181 and, in some cases, exceeds those
standards. It aligns with the City Plan, focuses on building types, aligns with
water and sewer services, and removes density standards in some areas. The
process section simplifies the Master Plan process and coordinates the waiver
process. Overall, the amendments reduce the number of LDR pages by 48.
Mr. MacDonald also noted there is a “plain language” version of the amendments
available.
Mr. Mittag, a member of the Planning Commission, though speaking as an
individual, cited one amendment which he feels interferes with landowners’ rights
and forces them to do something they don’t want to do with their property. If a
property is 10 acres or more, and an owner wants to build 3 homes, there is a
requirement to submit a master plan for the whole property. This is expensive
and, Mr. Mittag believes, unnecessary. He felt it will be a disincentive to a
landowner and result in less housing. He felt that requirement should be
removed.
Mr. Conner said there is a “policy balance” the city is wrestling with. Only 7-8%
of the city is unbuilt and able to be built on. The current regulations require a
master plan. There is a challenge regarding efficient use of land, and there is a
tension when a developer owns the land and is motivated by the market. The
challenge is the regulations can’t say this is the tool when land is owned by a
developer and this is a different tool when land is owned by an individual. There
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are about 10 properties with 10 or more acres that can be developed, some owned
by developers, others by individuals.
Mr. Smith asked whether a master plan is required when an owner does a 2-acre
“carve out.” Mr. Conner said you need to show for the 8 acres that it would still
be accessible and built to the density. You cannot do the 2 acres so it cuts off
potential density.
Mr. Conner reminded the Council that at the public hearing they can make
changes, ask the Planning Commission to make changes, or reject any changes.
Mr. Chalnick said it seems coercive to him to require a landowner to have to plan
to build on all 10 acres. Mr. Smith suggested asking the Commission to present
some alternative language for the Council to consider.
Mr. Scanlan noted he has concerns with neighborhood commercial activity from
the point of view of traffic and noise and what is realistically possible.
Mr. Smith then moved to warn a public hearing on draft amendments LDR-24-01
through LDR-24-10 including recommendations in the packet for 16 September
2024 at 7:00 p.m. and to file a copy of the amendments with the City Clerk. Ms.
Fitzgerald seconded. Motion passed unanimously.
Mr. Conner reminded the Council that they have 150 days to take action on the
amendments.
14. Receive an update on the new ARPA guidance from the U.S. Treasury
and possibly approve the use of ARPA funds for contracted Capital
Improvement projects or provide direction to staff:
Ms. Baker said the all ARPA funded projects must be under contract by December
2024. There is a total of $1,700,000 remaining to be allocated. Staff’s
recommendation is to allocate that money to FY25 approved capital projects and
then to use the allocation already in the CIP for other projects to be determined by
the Council. Ms. Baker added that the $410,000 interest earned on the ARPA
funds does not fall under the December 2024 restriction. She stressed that this is
an approved accounting tool.
Ms. Fitzgerald asked if the CIP money could be used to buy down the tax rate. Ms.
Baker said it could for FY26.
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Mr. Smith moved to allocate the remaining $1,700,000 of ARPA funds to capital
improvement projects already under contract in order to meet the ARPA
requirement. Mr. Chalnick seconded. Motion passed 4-0 (Mr. Scanlan had not yet
arrived at the meeting when this vote was taken).
15. Other Business:
No other business was presented.
16. Possible executive session pursuant to 1 V.S.A. Section 313(a)(1)(B) to
discuss labor relations agreements with employees, specifically the
South Burlington Police Officers Association:
Mr. Chalnick moved that the Council make a specific finding that premature
general public knowledge of confidential attorney-client communications made
for the purpose of providing professional legal services to this body regarding
ongoing negotiations of the employment contract between the City and the Police
Union before the Council would clearly place the public body at a substantial
disadvantage. Mr. Smith seconded. Motion passed unanimously.
Mr. Chalnick then moved that based on that finding, the Board enter into
executive session for the purpose of discussing upcoming negotiations and
receive attorney-client communications with the City’s attorney for this purpose
pursuant to 1 V.S.A. 313(a)(1)(E) and (F), inviting into the session Ms. Baker, Chief
Locke, Chief Burke, Mr. McNeil, City Attorney, and Mr. Pellerin, Deputy City
Attorney. Ms. Fitzgerald seconded. Motion passed unanimously.
The Council entered executive session at 10:22 p.m.
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 11:10 p.m.
_________________________________
Clerk