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Agenda - City Council - 04/01/2019
AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, April 1, 2019 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. Tom Hubbard (6:31 – 6:32 PM) 3. Consider entering executive session to discuss matters related to the purchase or conservation of land. (6:32 – 7:02 PM) 4. Agenda Review: Additions, deletions or changes in order of agenda items. (7:02 – 7:04 PM) 5. Comments and questions from the public not related to the agenda. (7:04 – 7:09 PM) 6. Announcements and City Manager’s Report. (7:09 – 7:19 PM) 7. City Council Committee assignment reports (7:19 – 7:29 PM) 8. Consent Agenda: (7:29 – 7:31 PM) A. *** Consider and Sign Disbursements B. *** Approve minutes for February 4th and 19th, March 4th, 7th & 18th C. *** Approve South Burlington Skating Association lease extension D. Continue public hearing on the Interim Zoning application #IZ-19-01 of Donald and Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into four lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road until a date no sooner than April 23rd. E. *** Accept Stormwater Easement on the Village at Dorset Park Stormwater System F. *** Approve a Resolution clarifying the City’s position with respect to limitations on municipal and school use of netmetering credits. 9. Council review and discussion crime and arrest statistics and trends – Chief Shawn Burke (7:31 – 7:51 PM) 10. *** Council review and discussion related to the proposed formation of a multi-community conservation district and review of a possible accord to form the district – Ashley Parker (7:51 – 8:06 PM) 11. Presentation to Council on matters related to the use of electric scooters in South Burlington and provide guidance to staff on a potential one-year pilot program to test electric scooter use in South Burlington and to direct staff to consider any needed changes in ordinances to accommodate electric scooter use in South Burlington – Paul Conner (8:06 – 8:26 PM) 12. *** Consider convening as the South Burlington Liquor Control Commission to approve the following: (8:26 – 8:31 PM) Bourne’s Service Center, Second Class License; Champlain Farms South Burlington (Williston Road), Second Class License; Duke’s Public House, First Class Restaurant/Bar License; Fish and Chips, First Class Commercial Caterer License; Green Mountain Suites Hotel, First Class Restaurant/Bar License and Outside Consumption Permits; Guild Tavern, First Class Restaurant/Bar License; Homewood Suites, First Class Restaurant/Bar License and Second Class License; Interstate Shell, Second Class License; Kinney Drugs #55, Second Class License; Lakeview Bar & Grill (Shelburne Road), First Class Restaurant/Bar License and Outside Consumption Permit; Maplefields #52 (Williston Road), Second Class License; Marco’s Pizza, First Class Restaurant/Bar License; Pour House (The), First Class Restaurant/Bar License; Rotisserie (The), First Class Restaurant/Bar License; Vermont Pool and Bar, First Class Restaurant/Bar License and Outside Consumption Permit. Club 35, First Class License for Club; Farmers and Foragers, First Class Commercial Caterer License; Independent Brewers United LLC, Second Class License; Jolley Associates (977 Shelburne Rd), Second Class License; Jolley Associates (1110 Shelburne Rd), Second Class License; Shelburne Rd Variety, Second Class License; Slimain Handys Convenience Store, Second Class License; SugarSnap LLC, First Class Restaurant/Bar License; VT Koto, Inc., First Class Restaurant/Bar License. 13. Other Business (8:31 – 8:36 PM) 14. Adjourn (8:36 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Cost of development/cost of open space. 2. Examine residential building permit fees. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 04/02/19 Date Check No. Paid To Memo Amount Paid 4/2/2019 3532 Continental Utility Solutions, Inc. 12,240.00 Date Voucher Number Reference Voucher Total Amount Paid 2/15/2019 VI-14773 U23632 12,240.00 12,240.00 4/2/2019 3533 E.J. Prescott, Inc. 1,676.22 Date Voucher Number Reference Voucher Total Amount Paid 2/22/2019 VI-14774 5504974 996.42 996.42 2/15/2019 VI-14775 5503802 62.88 62.88 3/11/2019 VI-14777 5505396 417.98 417.98 3/11/2019 VI-14778 5508609 69.34 69.34 2/28/2019 VI-14779 5506511 129.60 129.60 4/2/2019 3534 Endyne, Inc. 75.00 Date Voucher Number Reference Voucher Total Amount Paid 2/27/2019 VI-14776 290748 75.00 75.00 4/2/2019 3535 Engineers Construction Inc. 13,225.79 Date Voucher Number Reference Voucher Total Amount Paid 2/13/2019 VI-14772 133 13,225.79 13,225.79 4/2/2019 3536 City Of South Burlington 253,116.80 Date Voucher Number Reference Voucher Total Amount Paid 3/5/2019 VI-14770 FEBRUARY 253,116.80 253,116.80 4/2/2019 3537 City Of South Burlington 108,989.08 Date Voucher Number Reference Voucher Total Amount Paid 3/5/2019 VI-14771 FEBRUARY 108,989.08 108,989.08 4/2/2019 3538 Ti-Sales Inc. 6,750.00 Date Voucher Number Reference Voucher Total Amount Paid 3/6/2019 VI-14780 INV0102123 6,750.00 6,750.00 4/2/2019 3539 Aldrich & Elliott, PC 2,954.14 Date Voucher Number Reference Voucher Total Amount Paid 2/26/2019 VI-14784 FEB STMT 2,954.14 2,954.14 4/2/2019 3540 E.J. Prescott, Inc. 201.10 Date Voucher Number Reference Voucher Total Amount Paid 3/8/2019 VI-14781 5508273 130.56 130.56 3/7/2019 VI-14782 5502532 70.54 70.54 4/2/2019 3541 Office Essentials 198.96 Date Voucher Number Reference Voucher Total Amount Paid 3/18/2019 VI-14785 35949 198.96 198.96 Printed: March 27, 2019 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 04/02/19 Date Check No. Paid To Memo Amount Paid 4/2/2019 3542 Ti-Sales Inc. 133.50 Date Voucher Number Reference Voucher Total Amount Paid 3/15/2019 VI-14783 INV0102465 133.50 133.50 Total Amount Paid: 399,560.59 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: March 27, 2019 Page 2 of 2 SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING 7 MARCH 2019 The South Burlington City Council held a special organizational meeting on Thursday, 7 March 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Elected Chair; M. Emery, T. Barritt, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kinville City Clerk; A. Bolduc, A. Lafferty, City Attorneys; P. Conner, Director of Planning & Zoning; D. Marshall, D. Kerwin The City Manager presided over the meeting until the election of City Council officers. 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Election of City Council officers: Mr. Dorn opened the floor for nominations. Mr. Kaufman nominated Ms. Riehle for Chair, Ms. Emery for Vice Chair, and Mr. Barritt for Clerk. Ms. Emery seconded. There were no further nominations, and Ms. Riehle, Ms. Emery and Mr. Barritt were elected by a vote of 4-0. Ms. Riehle thanked members for their confidence and promised to lead the Council fairly and impartially. She then cited the accomplishments during the past year including the vote to build a new City Hall/Community Library/Senior Center in City Center, the building of the first affordable housing project in City Center, the passing of “Pennies for Parks,” preserved land in the Southeast Quadrant, and improved communications. Ms. Riehle also noted the passing of City Councilor Pat Nowak and thanked Councilor Kaufman for stepping in to fill that void. She then enumerated some of the things to look forward to including the completion of Market Street, additional City Center housing projects, and discussion of a Recreation Center and how to pay for it. 3. Possible Executive Session to discuss pending civil litigation to which the city is a party: Mr. Barritt moved that council make a specific finding that premature general public knowledge of confidential attorney-client communications made for the purpose of providing professional legal services regarding pending litigation to which the city is a party would clearly place the council and the city at a substantial disadvantage. Ms. Emery seconded. Motion passed 4-0. Having so found, Mr. Barritt then moved that the Council enter into executive session for the purpose of discussing the matter identified in the previous motion inviting Kevin Dorn, Tom Hubbard, Andrew Bolduc and Amanda Lafferty. Ms. Emery seconded. Motion passed 4-0. SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING 7 MARCH 2019 PAGE 2 The Council entered executive session at 7:17 and resumed open session at 8:02. 4. Set dates & time for regular meetings to be held March 2019 – February 2020: Members agreed to hold regular City Council meetings on the first and third Mondays of each month at 6:30 p.m. except for weeks when a National Holiday falls on Monday in which case the meeting will be held on the Tuesday following. 5. Annual Appointments to be made by majority vote of City Council pursuant to City Council Charter, Chapter 13, Section 301(2): Ms. Emery moved to make the following one-year appointments: City Treasurer …………………………………… Tom Hubbard City Attorney ……………………………………. Andrew Bolduc Zoning Administrator………………………… Paul Conner Acting Asst. Zoning Administrator…….. Dalila Hall Acting Asst. Zoning Administrator ……. Cathyann LaRose Acting Asst. Zoning Administrator ……. Marla Keene First Constable …………………………………. Sgt. Doug Dubie Second Constable …………………………….. Corporal Kevin Grealis Grand Juror ………………………………………. Kevin Dorn City Agent & Trustee of Public Funds…. Kevin Dorn Code Enforcement Officer …………………. Paul Conner Acting Asst. Code Enforcement Officer. Cathyann LaRose Acting Asst. Code Enforcement Officer. Marla Keene Acting Asst. Code Enforcement Officer. Dalila Hall Telecommunications Officer ……………… Paul Conner Acting Asst. Telecommunications Ofcr.. Dalila Hall Acting Asst. Telecommunications Ofcr.. Marla Keene Emergency Management Director……… Terry Francis Health Officer ……………………………………. Justin Rabidoux Mr. Barritt seconded the motion which then passed 4-0. Ms. Emery asked what the Telecommunications Officer does. Mr. Dorn said he/she addresses telecommunications siting issues which the city can control. SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING 7 MARCH 2019 PAGE 3 6. Designate Official Paper of Record: Mr. Kaufman moved to designate The Other Paper as the Official Paper of Record. Ms. Emery seconded. Motion passed 4-0. 7. Designate Official Depositories: Mr. Barritt moved to designate Community Bank as the Official Depository. Ms. Emery seconded. Motion passed 4-0. 8. Appoint Council Representative to the Pension Advisory Committee: Ms. Emery moved to appoint Mr. Barritt as Council Representative to the Pension Advisory Committee. Mr. Kaufman seconded. Motion passed 4-0. 9. Approve and sign disbursements: Ms. Emery moved to approve and sign disbursements as presented. Mr. Barritt seconded. Motion passed 4-0. 10. Interim Zoning Application #IZ-19-01 of Donald & Lois Kerwin to subdivide a 2.0 acre parcel developed with a single family dwelling into four lots ranging in size from 0.27 acres to 1.18 acres, and to construct a new single family dwelling on each of the resulting undeveloped lots, 1420 Hinesburg Road – continued Public Hearing: Mr. Kaufman moved to reopen the pubic hearing. Mr. Barritt seconded. Motion passed 4-0. Ms. Riehle noted receipt of an additional letter from Mark Abrams and a draft of Minutes from the Planning Commission. Mr. Barritt read from the draft Planning Commission minutes the passage related to this application. Mr. Marshall noted that neither he nor Mr. Kerwin could attend the Planning Commission meeting, and they were concerned that perhaps the Commission didn’t understand the character of the application. They are hoping to appear before the next Commission meeting SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING 7 MARCH 2019 PAGE 4 and discuss the project with them so they may understand the application and so the applicant can understand the Commission’s thinking. Members felt this was reasonable. Mr. Barritt noted that there was a decision rendered by the Environmental Court last week regarding Spear Meadows. The Judge found 2 of the 5 parts of the City’s TDR regulations invalid. There may now be a technical problem with the application which does involve a TDR. Mr. Kaufman then moved to continue the public hearing on IZ-19-01 to 15 April 2019 at 7:30 p.m. Ms. Emery seconded. Motion passed 4-0. 11. Discussion of issues related to hate speech in Vermont: Ms. Riehle reviewed the history related to a Brattleboro incident. Ms. Emery said she was reluctant to push for any regulation of “hate speech” as she was unclear as to what it is. The stalking charge, she felt, is another issue. The victim in the Brattleboro case was clearly harassed, but that “comes with the job.” Ms. Emery added she is appalled at what the Brattleboro legislator was subjected to, but didn’t think there was anything she could “grab onto” in terms of language. She noted that the Legislature is working such language. Mr. Kaufman said he generally agrees and felt it was beyond the Council’s capacity to take a stand on state-wide issues. Ms. Riehle acknowledged that there is “hateful language” in communities and cited the recent issue of the “rebel” name in South Burlington. Ms. Emery noted that a former City Council Chair needed Police protection at one point. Mr. Kaufman said he had no issue saying to the Legislature that the Council supports civil discourse in the State of Vermont. Ms. Emery noted that the coarseness of language discourages people from running for public office. Stalking and harassing elected officials is degrading. She said she would be willing to try to draft some language to send to the Legislature. Mr. Barritt noted that the Attorney General was unable to prosecute in the Brattleboro case. SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING 7 MARCH 2019 PAGE 5 Mr. Kaufman said a letter to the Legislature should indicate that the Council supports the Constitution but is not willing to put up with this kind of behavior. Members were OK with Ms. Emery drafting something to go to the Legislature. 12. Liquor Control Board: Mr. Barritt moved the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed 4-0. Members considered the following applications: Gracey’s Liquor Store ………..second class license Gracey’s Store…………………… second class license Jiffy Mart, 110 Kennedy Drive ……….. second class license Starving Artist Café ……………………first class restaurant/bar license Ms. Emery moved to approve all of the first and second class licenses as presented. Mr. Kaufman seconded. Motion passed 4-0. Mr. Barritt moved to reconvene as City Council. Ms. Emery seconded. Motion passed 4-0. 13. Consider and possibly approve the award of a Construction Contract for Kennedy Drive Pond 3 Stormwater Project: Mr. Kaufman moved to approve the award of a construction contract for Kennedy Drive Pond 3 Stormwater project as recommended by staff. Mr. Barritt seconded. Motion passed 4-0. 14. Other Business: Mr. Dorn suggested that at an upcoming meeting, members discuss the result of Tuesday’s vote and provide guidance going forward. Mr. Dorn also noted that he, Mr. Hubbard and Mr. Rabidoux would like to address paving/road issues. This winter has put more stress on roads which will require enhanced work. Mr. Barritt suggested discussing a method of repair for the worst potholes in the city. Mr. Dorn noted some work is out to bid now. Mr. Rabidoux will be at the second meeting in April. SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING 7 MARCH 2019 PAGE 6 Ms. Riehle said she heard concerns with sidewalk plowing, particularly on Williston where there are a lot of people in wheelchairs. Ms. Riehle also said that a future discussion should focus on the size/commitment to really fix (reconstruct) roads and what that might cost. Mr. Kaufman said the weather pattern this year is what is likely to continue in the future. Mr. Kaufman asked that the 1 April agenda include a discussion of extending the contract for the skating arenas. They are hoping to get the reconstruction project done this spring. As there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 8:45 p.m. ________________________________ Clerk CITY COUNCIL 18 MARCH 2019 The South Burlington City Council held a regular meeting on Monday, 18 March 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden Also Present: K. Dorn, City Manager; A. Lafferty, City Attorney; J. Rabidoux Public Works Director; I. Blanchard, Project Manager; J. Murray, Librarian; Col. D. Smith, Lt. C. Clark, Vermont National Guard; R. Speece, Vermont Dept. of Environmental Conservation; L. Lackey, Burlington International Airport; J. Fay, J. Temecki, J. Duncan, J. Nadeau, CWD; S. Kelley, P. Leduc, P. Tompkins, B. Britt, D. Crawford, J. Belter, D. Bugbee, J. Pasackow, P. Kahn, L. Kohrs, D. Bartlett 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and Questions from the public not related to the agenda: Mr. Leduc reminded members and the public of the Performing Arts Gala on 23 March. Proceeds got to funding scholarships for students pursuing studies in the arts. Mr. Fay introduced the new CWD Manager, Joe Duncan who will be replacing him when he retires in June. He noted that John Tomecki will also retire in June and introduced his replacement Jay Nadeau. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Met with staff at the Gund Institute to discuss the cost-benefit analysis. The first meeting of the Planning Commission subcommittee looking at possible changes in the Form Based Code was held this afternoon. An MOU has been entered into with a Toronto company to do community surveys. The city will have maximum input on survey questions. There will be information to the public that this is happening. The Airport Master Plan advisory committee will meet at the Airport next week. Meetings have been set up with staff who support committees as to how best to do that. CITY COUNCIL 18 MARCH 2019 PAGE 2 The City Attorney has put together the Charter change package and it is on its way to Montpelier. It should be voted on in this session of the State Legislature. 5. Committee reports from Councilors: Mr. Chittenden: Green Mountain Transit has balanced its budget utilizing new revenues and efficiencies. There will be some well-researched service changes, and South Burlington will get about 100 more hours of service and a 20-minute wait between buses (reduced from 30 minutes). There will be a public hearing next month, and feedback is important. Mr. Barritt: At the TDR committee meeting last week, the committee decided not to abandon TDRs. They heard feedback from Planning & Zoning regarding changing TDRs so they could possibly have another function, but this does not presently fit the statute. At the next meeting, they will discuss possible changes due to the recent Court decision. Ms. Riehle: Airport sound maps are still going through FAA compliance. The hope is to have them finalized by early May. Discussions continue with the Superintendent of School regarding sound mitigation at Chamberlin School, but nothing can be done until the sound maps are presented. The estimate is that the school portion of mitigation would cost between $1,000,000 and $4,000,000. Mitigation would only involve the ventilation system. This Friday, the State Refugee Resettlement Organization is having an open house at the Airport which will include dance, music and cultural events in honor of refugees who have settled in Vermont. Tickets are on sale for this event. There will be an update on the Airport Master Plan on 26 may, 5 p.m. The following week, there will be a public meeting with tables set up with consultants and survey information. Everything will be videotaped, and comments will be posted. Frontier Airline is going will with flights all booked. Revenues are us. A proposal has been submitted to the FAA to build the blast wall on the northwest corner near the parking garage at the point where plans turn toward the runway. 6. Consent Agenda: a. Approve & sign disbursements b. Approve a resolution to establish a 401a Retirement Plan for specified employees c. Approve system management contract with Champlain Water District (CWD) d. Acceptance of Stormwater Easements on the Commerce Square Stormwater Detention Pond e. Approve a grant application for a stormwater project on Helen Avenue CITY COUNCIL 18 MARCH 2019 PAGE 3 f. Approve a grant application for engineering work on the Muddy Brook (Kimball Avenue) culvert g. Award the Picard Circle Stormwater project bid to Dirt Tech Excavating h. Regarding notice of an application for a Certificate of Public Good to replace an existing utility pole located at 825 Williston Rd. and thereon install wireless communications equipment to be filed with the Public Utility Commission, resolve not to request either that the applicant attend a public meeting with the City Council or that the Department of Public Service retain personnel to provide information essential to a full consideration of the application i. Approve request from Affordable Housing Committee to replace Tom Bailey with John Simson as representative to the TDR Interim Zoning Committee Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed 4-0. 7. Update on Air National Guard Environmental Restoration Program: Col. Smith introduced Lt. Clark, Richard Speiss of the Vermont Department of Environmental Conservation and Shannon Kelley and noted Mr. Kelley’s 22years experience in resource management. The Colonel stressed that the Guard takes their environmental program very seriously and has had a restoration program for over 30 years to remediate contaminants on the base. The most recent concern is with PFOAs and PFOSs which were used in the 1970’s but are no longer used. Unlike other areas of the state, there has been no contamination of drinking water because of the contaminants on the base and the fact that area is served by LCWD. The Colonel also noted that the Vermont Dept. of Environmental Conservation has been partner in the clean-up efforts and that an expanded program will begin this spring. Mr. Kelley reviewed the regulatory background and noted there is regulatory framework on both the federal and state levels. The Defense Environmental Restoration Program (DERP) identifies, investigates and remediates hazardous substances, pollutants and/or contaminants from such sources as jet fuel and solvents. Mr. Kelley noted that past practices led to contamination. Current practices do not permit discharge or release of hazardous waste. Over $34,000,000 has been spent on remediation. Mr. Kelley showed an overhead photo of the Airport and identified the specific restoration sites as follows: CITY COUNCIL 18 MARCH 2019 PAGE 4 1. Fire Training Area (south of Country Club Estates) – this area has been remediated and approved for closure 2. A stretch of property leading to the Griswold property – subject to jet fuel contamination with a 20+ year clean-up period 3. A site with contamination from leaking pipes – remediation should be completed within 1-2 years 4. A site with underground storage tanks – also should be completed within 1-2 years 5. A refueling pit which has now been approved for closure 6. The former landfill which has a 4-6 year remediation program. Mr. Kelley noted that there are no longer any underground storage tanks. Ms. Emery asked about the one well that was contaminated. Mr. Kelley showed the approximate location on the map. Mr. Dorn noted it is on the Belter Farm. Mr. Barritt asked what remediation consists of. Mr. Kelley said it involves pulling the contaminants out of the soil. There is a process in which wells are drilled and air is injected into the soil and the contaminants are recovered above-ground. There is also a carbon injection process that soaks up the contaminants. Mr. Speiss showed the areas where these techniques are being used and explained why some methods take longer. Mr. Barritt noted one site that leads directly to a stream and asked if the discharge meets state standards. Mr. Speiss said it does. He also stressed that the historic contaminants are contained on the base. Mr. Kelley them reviewed the timeline from 1970 to the present and noted that in May of 2019 there will be a PFAS expanded site investigation. Ms. Riehle asked what has happened to the Belter Farm well. Col. Smith said it is still being used with a carbon filtration system so the water is clean, even though the well is still contaminated. Mr. Speiss noted that the milk from the Belter cows was tested and is below the level of concern for consumption. Mr. Kelley then addressed fire-fighting foam. He noted the product is very effective in suffocating a petroleum fire; however, because of contamination it cannot now be used for training. Mr. Kelley then identified current mitigation efforts including modification of an existing contract to install a granular activated carbon system, disconnection from the South Burlington Wastewater Treatment Plant, and continued monitoring of the treated to ensure results continue to be below Vermont regulatory limits. Regarding PFAS, initial site investigation showed where there were areas of concern. An expanded investigation will identify any CITY COUNCIL 18 MARCH 2019 PAGE 5 migration from the base (ground water, surface water and soil), and the results of this will inform a remedial investigation/feasibility study as to the next steps. Ms. Emery encouraged the Belters to let the City know if any issues arise. 8. Public Hearing on amendments or repeal of City Ordinances: a. Emergency Management Ordinance – Adopted in 1995, this ordinance has since been largely duplicated by state ow and is warned for repeal. b. Motor Vehicle and Traffic Ordinance – Adopted in 1958, this ordinance, amended at least 18 times, is warned to repeal and to adopt a new ordinance in form that provides the Council flexibility to amend street sign locations, speed limits, etc., by resolution c. Parking Ordinance – Along with the repeal of the 1958 Motor Vehicle and Traffic Ordinance, this proposed ordinance creates a standalone parking ordinance that will provide for general parking prohibitions in the City, a uniform schedule of fines, and administrative appeal process d. Conduct in Parks Ordinance – Proposed amendment to require that dogs in Jaycee Park be required to be under owner control by a leash no longer than six feet at all times within the park Mr. Chittenden moved to open the public hearing. Mr. Barritt seconded. Motion passed 4-0. No public comment was received regarding the repeal of the Emergency Management Ordinance. Ms. Lafferty explained the history of the Motor Vehicle and Parking Ordinances. These ordinances would not be effective on passage because field information is still being confirmed. Mr. Britt expressed concern that there is no mention of right turn conflict where a turner has to yield to bikes and/or pedestrians. He also asked that in the parking ordinance in Section 2B the words “Rec Path” be added so there is no overnight parking on the rec paths. In Section 2-O, Mr. Britt questioned the words “same location.” In Section 2C, questioned the “no parking” within 50 feet of an intersection and asked why this has changed from 30 feet. In Section 3, Mr. Britt felt that “unregistered motor vehicles” should include boat trailers and felt the restriction should not apply only to unregistered vehicles. Ms. Lafferty said she would like to check on a few of these concerns and did not know the reason for the change from 30 to 50 feet. CITY COUNCIL 18 MARCH 2019 PAGE 6 Mr. Barritt was concerned not to prohibit people from parking on their own street, except where banned (e.g. East Terrace and the winter snow ban). Mr. Chittenden felt that if a regulation was already in place, he had no issue with it. He was hesitant to apply a new rule city-wide. Members agreed to delay action on (b) and (c) until there is more clarification. It was noted that in Section 10 of the Public Parks Ordinance, Jaycee Park should be added and Dorset Park changes to Veterans Memorial Park. Mr. Chittenden then moved to close the public hearing. Mr. Barritt seconded. Motion passed 4-0. Mr. Barritt moved to approve “a” and “d” as presented or amended. Mr. Chittenden seconded. Motion passed 4-0. 9. Update on Community Center Design and Related Issues: Ms. Blanchard said 100% of the constructions are in review. A firm is being commissioned to look into the air tightness of the building. Permitting documents are being prepared. Ms. Blanchard then reviewed design elements of the building exterior. She showed a site plan which has been approved by the School District and indicated where the displaced parking spaces have been replaced. She also showed the location of ponds to address stormwater issues. Regarding safety, Mr. Blanchard noted the “ponds” will actually be a graveled wetland with plant material. They will only have water when there is a heavy rain. Ms. Blanchard showed a close-up of the front of the building, indicating landscaping and location of benches. She pointed out where the building name (still to be determined) will be placed. The corner of the building will be lighted at night. The building exterior will vary from different shades of zing to granite and brick. All HVAC equipment will be at the back of the building. Ms. Blanchard indicated the location of solar panels. Ms. Blanchard then reviewed details of the building interior including the information desk, auditorium and City Clerk’s office on the first floor. The auditorium will have fixed seating (sample seats were available for member and the public to try out). There will also be fixed CITY COUNCIL 18 MARCH 2019 PAGE 7 cameras that can be plugged into. The second and third floors are virtually the same as previously reviewed. Next steps include finishing the stormwater design, getting permits, bidding out the project, approving a contract for a Clerk of the Works and breaking ground. 10. Council discussion and possible guidance to staff related to Court’s decision in Environmental Court matter Snyder Group, Inc., PUD Final Plat: Ms. Riehle noted the Court’s decision centered on what they perceive is a lack of clarity on 2 elements related to TDRs. Options include fixing the items, doing nothing, or appealing the Court’s decision. Ms. Emery noted that an Interim Zoning (IZ) Committee is currently reviewing TDRs. She did not feel the decision should be appealed but favored revising the LDRs to make them sound. Mr. Barritt said ideally he’d like to appeal, but it could be long and costly. He noted the situation of the Vermont Land Trust which owns a number of TDRs, and he didn’t want to see them “stranded.” The best choice, he felt, was to fix the problems and still provide for potential to save southern areas of the Southeast Quadrant. Ms. Lafferty said there were 2 points to the Court’s decisions: The LDRs did not accomplish 2 requirements regarding the definition of development rights and there was not a sufficient delegation to the DRB as to how they determine how many TDRs are appropriate. Ms. Lafferty believed it is possible to amend the regulations to respond to these issues. Mr. Dorn noted that Snyder-Braverman has not yet made a decision as to whether to appeal the Court’s ruling. Ms. Riehle questioned whether it makes more sense to wait until the IZ Committee comes back with recommendations so the Council can address the judge’s issues and what the city wants after IZ. Ms. Lafferty noted the IZ bylaw was adopted in November for 9 months. If the Council were to ask for amendments to respond to the Court decision the process would take about 3 months from the time staff starts the process. She felt it wouldn’t take long to get language to address the Court’s ruling. CITY COUNCIL 18 MARCH 2019 PAGE 8 Ms. Riehle asked Mr. Barritt whether clarifying the 2 issues would be counterproductive to what the IZ TDR committee is doing. Mr. Barritt said the committee could review the changes and respond to them. Mr. Chittenden said he would agree to that if that is what the City Attorney recommends. Ms. Lafferty said the only issue is whether there is a need to provide for certainty in the meantime. Mr. Barritt said the IZ TDR committee could discuss this on Wednesday and see if they want to come up with language to fix the current program. Mr. Dorn felt the best course would be for the committee to have draft language to work from. Ms. Riehle suggested Ms. Lafferty bring language to the City Council who can pass it on to the TDR- IZ committee to review. Mr. Crawford noted that the “unknowns” are causing “chaos.” 11. Council discussion and possible guidance to staff related to the outcomes of ballot items placed before voters on March 5th: Ms. Riehle cited the desire to work hard to get the Legislature to approve the ½ cent voter approved tax on rental cars. Mr. Chittenden said he wished they had asked for more. Ms. Riehle also felt the defeated item lost because it wasn’t tied to a specific project. She wouldn’t discount going to the voters again with a defined project that the public supports. Mr. Barritt felt the 1% rooms/meals tax might have passed and that it was the sales tax that voters rejected. Ms. Riehle felt there needs to be more discussion of an indoor recreation center and the possibility of other funding options (e.g., donations from some leagues that would use the facility). She also felt the design could include the possibility to hold athletic events that would draw people to the city. Mr. Barritt cited the possibility of using tax money from developments that come on line (i.e., Cider Mill II). Members were OK with continuing the design process for an indoor recreation center. Ms. Emery felt the bridge over the interstate should be a regional effort as should the Arts Center. 12. Authorize City Manager to Execute Interlocal agreement with Chittenden Water District related to projects in Red Rocks Park: It was noted that the plan is to give CWD permission to chip the logs and take them off site. CITY COUNCIL 18 MARCH 2019 PAGE 9 Mr. Chittenden moved to authorize the City Manager to execute the interlocal agreement with CWD related to projects in Red Rocks Park as presented. Ms. Emery seconded. Motion passed 4-0. 13. Council Review and Possible Approval of a letter to Members of the Vermont Legislature related to hate speech in Vermont: Members reviewed the draft of a letter provided by Ms. Emery. Ms. Emery noted that Monica Ostby had some issues and wanted to remove the mention of issues involving a prior City Council Chair and also the name of the perpetrator (in order not to give him publicity). Mr. Chittenden said he supports the spirit and intent of the letter. Intolerance and racism are not appropriate tools to affect public policy. He questioned whether there could be liability on the part of the Council for such a letter and suggested it be vetted by Counsel. Ms. Emery said she was willing to remove the perpetrator’s name. Ms. Riehle said she would keep the reference to what happened in South Burlington as it shows the city understands what this is about. Several edits were made to the letter. Mr. Chittenden then moved to approve as revised the letter to members of the Vermont Legislature related to hate speech in Vermont. Mr. Barritt seconded. Motion passed 4-0. 14. Liquor Control Board: Mr. Chittenden moved the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed 4-0 Members reviewed the following applications: Applebee’s – First Class License CVS Pharmacy #10690 – 2nd Class License Champlain Farms (1118 Williston Rd.) – 2nd Class License Cheese Traders & Wine Sellers – 2nd Class License Chipotle Mexican Grill – First Class Restaurant/Bar License Eagles Club – First Class License for club and outside consumption Healthy Living Market & Café – Second Class License CITY COUNCIL 18 MARCH 2019 PAGE 10 Jiffy Mart #468 – 2nd Class License Magic hat Brewing Company – First Cass Restaurant/Bar License (only) Maplefields at the Airport – 2nd Class License Moe’s Southwest Grill – First Class Restaurant/Bar License & Outside Consumption Permit Price Chopper #228 (Hinesburg Rd.) – 2nd class License Pulcinella’s - First Class Restaurant/Bar License & Outside Consumption Permit Skinny Pancake @ the Airport – First Cass Restaurant/Bar License Mr. Chittenden moved to approve the applications as presented. Mr. Barritt seconded. Motion passed 4-0. Mr. Chittenden moved to reconvene as City Council. Mr. Barritt seconded. Motion passed 4-0. 15. Other Business: Ms. Riehle noted receipt of a letter from Patricia Gustavson regarding speed on Kennedy Drive, noting that it is difficult to cross anywhere. She would like an agenda item to discuss this. Mr. Chittenden noted that the former Police Chief had told him there was no official speed limit on that road. He didn’t know if that had been corrected. Ms. Riehle said she will pursue an additional Steering Committee meeting to see how the City and School Board can better communicate. Ms. Riehle asked members to advise of their summer vacation schedules when they know them. As there was no further business to come before the Council, Mr. Barritt moved to adjourn. Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 10:12 p.m. ________________________________ Clerk FIFTH AMENDMENT TO LEASE AGREEMENT The parties to this Fifth Amendment to Lease Agreement (the “Amendment”) are the City of South Burlington (the “City”) and Dorset Park Skating Association, Inc. (the “Association"). Recitals A. The City and the Association entered into a Lease Agreement effective February 1, 1995 (the “Lease Agreement”) (a copy of which is attached hereto). The Lease Agreement provides for the lease (the “Lease”) of a portion of certain land located at Dorset Park, South Burlington, Vermont, together with a skating facility as more fully described in the Lease Agreement to the Association (as tenant) from the City (as landlord) (the “Facility”). B. The City and the Association amended the Lease Agreement on four prior occasions (copies of which are attached hereto). C. The City and the Association desire to further amend the Lease Agreement to extend the term of the Lease. D. The South Burlington City Council approved this Amendment on_________________________, 2019 and empowered Kevin Dorn, the City Manager, to execute the Amendment on behalf of the City. Amendment 1. Section 6 of the Lease Agreement, Section 7 of the Second Amendment to Lease Agreement, and Section 1 of the Fourth Amendment to Lease Agreement, are hereby amended to extend the term of the Lease. As amended, the Lease shall terminate on December 31, 2040. 2. Except as specifically amended by this Amendment, the Lease Agreement shall remain in full force and effect according to its terms (including all prior amendments hereto). 3. By executing this Amendment, the South Burlington City Council acknowledges and agrees that, pursuant to Section 11A. of the Lease Agreement, it has approved the planned improvements to the Facility by Dorset Park Skating Association, Inc.; namely, the construction of an entryway that will join the existing skating rinks and otherwise improve the Facility for the public’s benefit. This Amendment constitutes the written approval required by Section 11A. of the Lease. [SIGNATURE PAGE FOLLOWS] Dated March ___, 2019. ______________________________ ________________________________ Dorset Park Skating Association, Inc. City of South Burlington By: Tony Cairns By: Kevin Dorn Its: President Its: City Manager Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux Director of Public Works Date: March 27, 2019 Re: Acceptance of Stormwater Easement on the Village at Dorset Park Stormwater System The City of South Burlington and the Village at Dorset Park Homeowner’s Association recently (2018) finished reconstruction and improvement of the Village at Dorset Park stormwater treatment system. This project provides treatment of stormwater runoff for the entire neighborhood before discharging this treated water to tributary 7 of Potash Brook. This project will have significant benefits for Potash Brook and Lake Champlain. Now that the project is complete the City needs to officially accept the easements surrounding the stormwater system so that stormwater utility staff can access the area and maintain the treatment system going forward. Included with this memo please find a copy of the easement deed associated with this project. These easement documents were reviewed by the City’s outside legal counsel and are in good order. The project was completed as anticipated and a sufficient amount of time has passed so that we are confident that the quality of construction work performed is acceptable. I recommend that Council vote to accept easements around the Village at Dorset Park stormwater treatment system as described in the attached easement deed dated July 13-15, 2016. If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com. R-2019 - RESOLUTION A RESOLUTION CLARIFYING THE CITY’S POSITION WITH RESPECT TO LIMITATIONS ON MUNICIPAL AND SCHOOL USE OF NET-METERING CREDITS WHEREAS, the City of South Burlington has an interest in reducing the City’s dependence upon non-renewable energy sources and reducing energy costs; and, WHEREAS, Objective 23 of the City of South Burlington Comprehensive Plan 2016 is to "Achieve a reduction of 20% in carbon dioxide-equivalent emissions from 2009 levels by 2020 through an increase in renewable energy production and reductions in energy use in the following sectors: transportation, commercial/industrial, residential, municipal/school;" and, WHEREAS, in Vermont, the primary mechanism that the State has provided to electricity users with which to realize the energy generation benefit of renewable energy production in an efficient manner is net-metering credits; and WHEREAS, the City has developed or partnered with the private sector on several renewable energy net-metering projects but still uses more energy than is received and thus has additional capacity to produce renewable energy and receive the resulting net-metering credits; and, WHEREAS, the City is in the process of developing a new community building at 180 Market Street that includes the Library, City Hall and Senior Center and which is designed to have roof top solar; and, WHEREAS, the Public Utility Commission has established a rule whereby no customer may receive more than 500,000 kWh of net-metering credits, with the effect that the City may not receive net- metering credits generated by the proposed solar array, nor any future project; and, WHEREAS, this cap limits the ability of City taxpayers to benefit from public investments in renewable energy. NOW, THEREFORE, BE IT RESOLVED it is the position of the South Burlington City Council that customers that serve ratepayers, such as municipalities and schools, should not be subject to a net- metering customer cap and respectfully requests that the cap be removed from municipalities and schools. APPROVED this _____ day of __________, 2019. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk David Kaufman __________________________________ Tom Chittenden 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov TO: Kevin Dorn, City Manager FROM: Ilona Blanchard, Project Director SUBJECT: Resolution regarding clarifying municipalities and schools should not be limited in the amount of net-metering credits they may receive. DATE: March 28, 2019 BACKGROUND: For some time, the City Energy Committee and City have been pursuing, providing education around, and implementing renewable energy development as part of the City’s sustainable future. The Energy Committee would like to advocate for the exemption of municipalities and schools from limitations on the amount of net-metering credits that municipalities and schools may receive. The City is the beneficiary or customer of three net-metering projects: the array at South Village, the array at Vet Memorial Park, and the array on the capped landfill. The School District also is a customer of the array on the capped landfill. Combined, these projects generate approximately 1,600,000 in kWh in net-metering credits per year for the City and a commensurate amount of renewable energy. This covers approximately half the City’s usage of electricity in a given year. The City is pursuing a fourth project, an array on the rooftop of the new City building, for which there is an intention to contract in the upcoming year. Background, Continued, Page 2 Since the time that the solar array on the capped landfill was developed, net-metering legislation and regulations have been further altered. Part of this alteration was at the legislative level, and changed the value and form of net-metering credits. They are worth somewhat less than before, but for a project in a municipality and on a roof, have more value than for other locations. The alteration which has a much bigger impact on municipalities and schools was at the Public Utility Commission (PUC) level. The PUC is responsible for writing rules and regulations, including setting tariffs. The PUC issued a regulation, at the request of power companies, which sets a cap on the amount of net-metering credits that the City or any other customer can receive at 500,000. While the City’s existing arrays are grandfathered in, the City receives an amount that is well above the cap, and this cap prevents the City from receiving additional credits. This does not restrict the City from building a solar array on the roof of the new building at 180 Market Street. It does, however, mean that City taxpayers may not be the beneficiary in part or in whole, and complicates the financing and number of entities allowed in the net-metering agreement. It also may increase the payback period for the project. Perhaps most significantly, it may be impossible for the City to ever realize the benefits that would otherwise accrue if the City were to over time secure ownership of the array. In such a case, currently against the rule, the realized benefits would reduce energy costs significantly for this building – estimated at 50%. Due to the cyclical nature of solar array energy generation, this is not achievable without net-metering. The reasoning that has been provided for the cap is that recipients of net-metering credits are not paying fees for transmission, which are born by all the other rate-payers. This is true, however, when a municipality or school receives Background, Continued, Page 3 net-metering credits, as this benefit accrues to the whole community and all the taxpayers within it; it therefor also accrues to the ratepayers. In the past, the legislature has looked favorably on municipal projects, for instance, eliminating a project cap for municipalities in cases when the projects are located on a landfill. Some language has been drafted and introduced in a bill, H. 423, sponsored by Rep. Martin LaLonde. While it is not likely this particular bill would go forward, it would not be unusual for similar language to be advanced in another bill. RECOMMENDATION: Consider approval of the attached resolution ATTACHMENTS: A Resolution clarifying the City’s position with respect to limitations on Municipal and School use of Net- metering Credits ADDITIONAL CONSIDERATION The Energy Committee is advisory to the City Council. While individuals may speak for themselves, the Committee may not represent the City on an issue where the City Council does not have a policy position. DRAFT Southwest Chittenden County Conservation Partnership Accord: Overview – We are conservation partners and leaders in the southwest corner of Chittenden County in Vermont. We joined together in the spring of 2019 to demonstrate leadership and action on land conservation issues affecting all of our communities. The conservation partners are committed to working collaboratively to conserve and manage land at a regional scale in a way that will also educate and engage each partner’s residents. The partnership understands that there are numerous other local, regional, state, and national partners that could assist us in our work, and it is a priority for us to engage and work with other partners and landowners to achieve our mission. This partnership has emerged as land managers and landowners increasingly recognize that natural resources are not constrained by municipal boundaries, and thus the best way to conserve and manage those resources is through collaboration. Mission – First and foremost, this partnership between the City of South Burlington, Town of Williston, Town of Shelburne, Town of Hinesburg, the Town of St. George, and the Town of Charlotte seeks to conserve, restore, and enhance natural resources within and across our municipal boundaries. More specifically, the partnership aims to increase the amount of connected conserved land, improve water quality in streams and rivers flowing into Lake Champlain, protect agricultural land, and prevent the fragmentation of wildlife habitat and riparian corridors. In order to meet its mission, this group will use various tools, including: purchase of land and rights in land, upland habitat restoration, wetland and stream restoration, community outreach, land use planning, and the sharing of knowledge and experience. Vision – Our Vision is of a landscape that provides connected open space for wildlife and humans—and where open spaces are large enough to sustain a wide array of species. We recognize that our natural resources are not confined to our drawn landscape boundaries, and thus require landscape-scale management. Our efforts are collaborative, and the outcome of our efforts will be the improved connection of our shared natural landscape. Partnership Goals/Priorities – Working together, we aim to: Prioritize regionally significant parcels for conservation/protection and to identify potential actions that would conserve/protect the parcels identified. Identify “best practices” for the stewardship of conserved land. Maintain the connectivity and integrity of forest blocks in an effort to promote biological diversity and allow for the movement of wildlife in response to climate and land use changes. Improve the water quality of Lake Champlain by developing a strategy for wetland and riparian protection and/or restoration that can be applied throughout the partnership area. Understand issues surrounding public access on conserved lands, and develop a plan that improves public access where appropriate and allows for connections throughout the partnership area where it makes sense. Develop and apply a public engagement strategy that meaningfully involves our communities and other partners. Share individual strategies currently in use within our own municipality to conserve/protect land, steward land, and engage the public so that the entire partnership can benefit from existing experience and knowledge and pave the way for a shared conservation approach that’s employed throughout the region. We, the undersigned Conservation Partners, agree to work together on matters of land conservation and stewardship that affect our region’s landscape. ________________________________ ________________________________ Representative of the City of South Burlington Representative of the Town of Williston ________________________________ ________________________________ Representative of the Town of Shelburne Representative of the Town of Hinesburg ________________________________ ________________________________ Representative of the Town of St. George Representative of the Town of Charlotte