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HomeMy WebLinkAboutDraft Minutes - City Council - 09/03/2024 PAGE 1 DRAFT MINUTES CITY COUNCIL 3 SEPTEMBER 2024 The South Burlington City Council held a regular meeting on Tuesday, 3 September 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; B. Fisher, Water Superintendent; E. Quallen, Public Works Capital Projects; M. Machar, Finance Director; Col. J. Roy, J. Anthony, Vermont National Guard; P. Taylor, A. Lalonde, City Charter Committee; C. Clark, Green Mountain Transit; Dr. T. Childs, B. Sirvis, K. Ryder, R. Doyle, Loretta, Robyn B., Rep. E. Krasnow, B. Milizia, L. Yankowski, J. Hunt, S. Dooley, R. Greco, H. Riehle, F. MacDonald, B. Britt, M. Emery, J. Bellavance, M. Mittag, A. Hanaford 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. CITY COUNCIL 3 September 2024 PAGE 2 4. Comments and questions from the public not related to the agenda: There were no comments or questions from the public. 5. Announcements, councilor reports from committee assignments and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: General Election ballots will be mailed to registered voters by the State in the coming weeks. The “City Green” process is continuing and the consultants will present to the Council in October. 55 runners participated in the Fun Run on 24 August. Family Paint Night on 6 September has been sold out. The Park Hop Brews will be held this Thursday in Goose Park. The Council Retreat will be held on 11 September from 9 a.m. to 3 p.m. in Room 301. 6. Consent Agenda: a. Approve and Sign Disbursements b. Approve Resolution #2024-20 expanding the Economic Development Committee to eight members c. Approve appointments to policy committees and the associated terms based on their qualifications by content area and representing a diverse set of perspectives to serve on the relevant committees: Affordable Housing Committee: Meghan Tedder 3-year term Bike/Ped Committee: Timor Tsutsuk 1-year term Havalah Gagne 3-year term Bob Britt 3-year term Josh Minot 3-year term Economic Development Committee: Tom Bailey 3-year term CITY COUNCIL 3 September 2024 PAGE 3 John Burton 3-year term Emma Schouldice 3-year term Stephanie Higgins 3-year term Nicole LeBrecque 3-year term Energy Committee: M. J. Reale 3 year-term Steve Crowley 3 year-term Natural Resources Committee: John Bossange 3 year-term Katherine Boyk 3 year-term Public Art Committee: W.S. Arabella Elliott-Rose 3 year term Amanda Holland 3-year term Recreation/Parks Committee: Mike Simoneau 3-year term Ravi Venkataraman 3-year term Leo Brisson 3-year term d. Accept a combination of permanent and temporary easements on parcel 0570-01620 granted to the City by Warranty Deed signed August 13, 2024 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. Mr. Chalnick moved to approve the Consent Agenda as presented. Ms. Fitzgerald seconded. Motion passed unanimously. 7. Receive a briefing from the Vermont National Guard on the AFFF spill on June 20 and 21, 2024: Col. Loy explained that on 20 June 2024, an unexpected mechanical malfunction resulted in the release of 800 gallons of AFFF. 650 gallons was captured within the room, but 150 gallons was released eventually into the South Burlington Wastewater System. Federal, State and Military personnel responded very rapidly to stop the spill and put a plan in place to deal with it. By day 4, a great deal had been recovered in the municipal system. Over 650 gallons was disposed of at a hazardous waste disposal site. They also identified the seal that had ruptured causing the spill. Holding tanks were removed and the whole system was cleaned. There is now no more of the material on the site, and the intent is not to bring any of it back and to use a water-only system in the future. CITY COUNCIL 3 September 2024 PAGE 4 To date, the Guard has done more than 50 rounds of sampling from their location to the river, and to the treatment plant. The State also had them do tests in June and July on the Winooski River. Nothing has been detected coming from the plant. There is now a carbon filtration system working as well. They are now speaking with the State Water Division as to how to get rid of all the water to get back to pre-spill levels. The only other option is to truck it to Idaho, which would be a significant cost. Mr. Barritt asked Col. Loy to confirm that there is now a full water suppression system and no foam. The Colonel said that is correct. They have a direct water line in from CWD. They are also looking to step that up to a water deluge system. Mr. Barritt asked how long testing will continue. Col. Loy said there is no testing going out of the plant. The State is satisfied with everything they have done for the river. Mr. Smith asked how the water gets treated after a fire before it goes into South Burlington’s system. Col. Loy said they have oil-water separators before it leaves their site. They are also exploring having a catch system for flammable materials and are racing to figure out how to make that work with just water. Mr. Scanlan asked if there are any other hazardous materials the city should be concerned about. He understood that the AFFF was being stored for 10 years because there were no funds to dispose of it. Col. Loy said they were “plagued” for 10 years by how to treat it and where it goes. It cannot be incinerated. He stressed that this is more than a funding issue; it is a question of how to dispose of the material. The Colonel said they currently have nothing on site other than the usual materials (he noted that a can of WD-40 is “hazardous”). They have sent information to all groups that may have to respond to an event at their location. Anything hazardous is contained, marked, etc. There is now nothing that has been sitting there for a number of years. Ms. Fitzgerald asked if there are funds to deal with incidents. Col. Loy said there are, and there is a process to get those funded. Ms. Anthony, the Environmental Compliance Person said priorities are given to sites where it affects drinking water. She anticipated that they will probably be inspected again because there was a spill, though they are not on the list for immediate action. CITY COUNCIL 3 September 2024 PAGE 5 Mr. Barritt asked when a decision will be made as to disposal of the water. Col. Loy said there are still tests to do, and then there will be a meeting to start formulating a plan. He noted there is no regulatory value for surface water. When they get values, they will bring them to Mr. Fisher. Mr. Fisher said the city will do nothing until the Guard says it’s OK. Mr. Barritt thanked the Guard for its quick response and for all the testing and information that has been forthcoming. 8. Receive a report on the Common Area for Dogs 2023 survey on leasing dogs: Ms. Milizia said the survey was conducted because of horror stories about dogs off-leash, and there has been no centralized place for collection of information about these incidents. They used Survey Monkey to gather information such as where dog owners live, age groups, how many dogs, where people walk their dogs, when (times of day), routines, why they go to open spaces instead of dog parks, etc. The survey received 858 responses, 707 from South Burlington residents. 26% of respondents did not own dogs. Many respondents were over 50 years of age. A majority of respondents agreed the city should provide space for dogs to be off- leash and that off-leash spaces should vary in size and location with varying environmental elements. Ms. Jankowski noted that in Red Rocks Park, dogs are required to be on leash, but in other parks they must be “under voice control,” which, she said, doesn’t always work. Recommendations include requiring a space to meet ADA requirements and to be within walking distance of a neighborhood or, at most, a short drive. Dogs should be on-lease on rec paths (to protect walkers and cyclists). They could be off leash in certain areas typically between dawn and dust. Health and safety precautions should include: Dogs being vaccinated Handlers must carry leashes They should have professional training on ‘recall’ They should display good canine citizenship CITY COUNCIL 3 September 2024 PAGE 6 There should be volunteer “rangers” or “ambassadors” and volunteers to patrol parks and trails and to keep the trails and parks clean. Ms. Milizia said the Committee is asking to have a group discuss this report and present it to the Planning Commission. Ms. Jankowski said it is good to have a patrol in Red Rocks Park and would be good to meet with the Bike/Ped and Natural Resources Committees. She noted the number of people moving into the city which will increase the already 4000 dogs. Mr. Chalnick asked if there is a number for how many people have been bitten by dogs. Chief Locke said it is more often that people would think. He noted there is a person at the Medical Center who handles this information. Ms. Senecal suggested an Ordinance that includes public input. She said many people oppose “off leash” and are tired of having dogs run up to them. 9. Approve Resolution #2024-23 charging the Charter Committee with exploring all-resident voting and outlining the membership of the Committee to include the City Clerk and 2 members appointed by the School Board: Ms. Baker said a Resolution has been drafted at the request of the Council. Ms. Fitzgerald said this has not really been discussed by the Council and suggested waiting till it can possibly be discussed at the September 11th retreat. She favored voting on the membership but not on the all-resident voting element. Mr. Chalnick said he favored voting on the Resolution without changes. Mr. Smith and Mr. Scanlan agreed. Mr. Smith moved to approve Resolution 2024-23 as presented. Mr. Chalnick seconded. Motion passed 4-1 with Ms. Fitzgerald opposing. 10. Discuss Green Mountain Transit’s proposed service reductions and options for moving forward: CITY COUNCIL 3 September 2024 PAGE 7 Mr. Clark thanked Mr. Scanlan for serving as a GMT Commissioner and Ms. Baker and her staff for regularly meeting with GMT and providing a great source of ideas. He then reviewed what has happened in the past week at GMT: A service reduction plan has been part of a public process. It would result in a reduction of the $3,000,000, the “fiscal cliff,” which is requiring them to consider this reduction. The budget gap in FY26 would then be down to $2,000,000, so the full-service reduction list may not be needed. VTrans directed GMT to a grant which brought them $700,000. Mr. Clark said some reductions may need to be adjusted because of changes in ridership. He stressed that these are changes they do not want to make; it is only a financial issue. The Board of Commissioners will continue to discuss the plan and hope to have a final list of cuts at the fall meeting. Mr. Clark noted that as funds are received, some reductions would come off the table. There will be 5 public hearings in the next few months, both in person and on-line. The first phase of reduction would happen in November/December and would mainly affect Saturday service, primarily in the evening hours, which has fewer passengers and requires forced overtime. Also affected would be the last 5 runs of the day (from 6:45 p.m.) of the #11 bus which averages about 10 riders. The Jefferson commuter bus would also be cut as it represents the highest cost per rider. In January, fares would increase for ADA service from $3.00 to $4.00 per door-to- door ride. The bulk of the cuts would occur in June 2025. This is the end of the Legislative session, so Legislators can see what would happen. These cuts would have the biggest impact on South Burlington and would involve cutting routes #8 (Burlington North End Loop), #10 (Essex/Williston to UMall), and #11 (Airport run from the downtown transit center). Mr. Clark again stressed that this is very much an act in progress. CITY COUNCIL 3 September 2024 PAGE 8 Ms. Baker noted the city provides $650,000 a year to GMT. The City’s future priorities for GMT are to provide connections from Shelburne Road to City Center, serve Market Street, and include a partnership with the School District to provide service for High School students via public transit. Ms. Baker said South Burlington has an opportunity to reimagine what service will look like by increasing ridership, not just cutting services. Mr. Chalnick said he would like a conversation as to how to reimagine the #11 route. Mr. Clark said he would hesitate to discuss increasing service in one municipality while cutting all service to another municipality. Mr. Conner said that he, Ms. Quallen and Ms. Blanchard have been working with VHB to do a data-driven analysis. He showed a map of the 3 main bus routes though South Burlington and a map showing housing density. They have also looked at the future (2030) and where new housing will be located. The biggest changes are anticipated in the Kennedy Drive corridor and Shelburne Road. They also looked at Market Street and employment data (he showed a map of “employment corridors” in the city). VHB took this information and tried to map the routes that would yield the most riders. They did not consider times of service or frequency of service. One route VHB suggested was a reimagined version of the Williston Road route (to UMall and all the way to Williston), rearranging that route to go on Market Street and include the Airport Loop. A new route, replacing the #11, would connect the Shelburne Road corridor to City Center and Williston Road, taking in the Medical Center and UVM main campus. Mr. Scanlan said this is a good example of how to get to a win-win situation and creates an opportunity for Middle and High School students to use GMT to get to school and relieves the getting in and out of City Center. Mr. Clark said he will come back to the City Council after 15 October, possibly with a request for a special assessment. This would be a challenge as it would have to pass in all communities. Mr. Doyle noted that the #11 bus is a very popular route. He also cited the conflict between the Airport wanting people to pay to park in their garage and GMT wanting people to ride the bus to the Airport. CITY COUNCIL 3 September 2024 PAGE 9 Mr. Chalnick suggested the possibility of some HOAs getting together on some shuttles to replace the #11. Mr. Clark said GMT will be discussing leveraging ADA service with micro-services, including smaller buses. This could also serve the Airport. 11. Receive and Approve the FY26 Budget Schedule: Ms. Machar noted the budget retreat will be on 12 December. There will also be a listening session on 7 October for the public to present their priorities for FY26. The budget public hearing will be on 13 January 2025 as a special meeting or a change of the 20 January meeting (necessitated by proscribed deadlines). Mr. Chalnick moved to approve the FY26 Budget Schedule as presented. Mr. Smith seconded. Motion passed unanimously. 12. Consider action related to the negotiation or securing of real estate purchase or lease options, and specifically the Long property: a. Consider entering executive session for the purposes of discussing the negotiation or securing of real estate purchase or lease options, and specifically the Long property (1 V.S.A. Section 313(a)(2): Mr. Chalnick explained his reasons for not recusing himself from this process even though he is an adjacent property owner. He did not believe he would benefit from this project. Mr. Barritt moved that the Council enter into executive session for the purpose of discussing the negotiation or securing of real estate purchase or lease options relating to the Long Property, inviting into the session Ms. Baker, Chief Locke, Mr. Conner, Ms. Quallen, Mr. McNeil, Ms. Greco Mrs. and Mr. Bellavance. Mr. Smith seconded. The motion passed unanimously. The Council entered executive session at 9:10 p.m. and resumed open session at 10:45 p.m. Mr. Barritt then asked for public comment. Mr. Mittag: The proposal is exactly what the voters had in mind when they established the open space fund. It will conserve a valuable Class 2 wetland and CITY COUNCIL 3 September 2024 PAGE 10 very important habitat while providing affordable housing. He hoped the Council and its partners will approve the plan. Ms. Dooley: Asked the Council not to take action at this meeting in order to give the public time to understand the proposal. She opposed using public funds for this purpose as it is in contradiction to the City Plan, specifically the “inclusive, fair and just” emphasis (she read from the City Plan). She noted that all 7 previous Open Space Fund purchases have been for land in the Southeast Quadrant while the Fund is supported by residents of the entire City. Ms. Emery: Felt it makes sense to have one area of the City for large open space and some areas for denser population and smaller open spaces. She cited the Great Swamp as a major habitat area. Ms. Bellavance: Read a letter from David Mellon, CEO of Green Mountain Habitat for Humanity. He indicated that their goal is to build 6 affordable housing buildings of 2 units each. This would allow people to live in the city where they work. These units would remain perpetually affordable. Mr. Barritt noted receipt of 10 emails in support of the project. Ms. Hannaford: Asked the Council to support the project. Mr. Doyle: Was concerned with the process. The wetlands are already protected. He also felt Mr. Chalnick’ s “conflict of interest” statement was “incomplete” and he should not be voting on this. He also noted that the Council package for this meeting did not indicate what the project is. Mr. Britt said he had no idea what he was commenting on. He felt the process has been mishandled. He would have loved to have seen the Parks Master Plan in effect regarding the needs of the city before making this decision. Ms. Baker said there is agreement that this project meets a lot of city goals, and the City Council is prepared to support it. It is not yet ready for a formal agreement. She will be speaking with VHCB tomorrow and will draft a letter of support with criteria that the City Council is willing to commit to. If VHCB is willing to accept a letter of support, there will be a special City Council meeting on Monday night at which there will be a full presentation to the public. 13. Other Business: CITY COUNCIL 3 September 2024 PAGE 11 No other business was presented. 14. Consider entering into executive session for the purpose of discussing the negotiation or securing of real estate purchase or lease options, and specifically the Ruggerio land exchange: Mr. Scanlan moved that the Council enter into executive session for the purpose of discussing the negotiation or securing of real estate purchase or lease options relating to the Ruggerio Land Exchange, inviting into the session Ms. Baker, Chief Locke, Mr. Conner, Ms. Quallen and Mr. McNeil. Mr. Smith seconded. The motion passed unanimously. The Council entered Executive Session at 11:05 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 11:15 p.m. _________________________________ Clerk