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HomeMy WebLinkAboutMinutes - City Council - 11/20/2023 southburlingt - VERMONT SOUTH BURLINGTON CITY COUNCIL MEETING NOVEMBER 20, 2023 The South Burlington City Council held a regular meeting on Monday, 20 November 2023,at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt,A. Chalnick, L. Kupferman ALSO PRESENT:J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; P. Conner, Director of Planning&Zoning; T. DiPietro, Director of Public Works; R. Fisher,Water Quality Superintendent; M. Machar, Finance Officer; B. Sirvis, B. Connolly, M. Hauser, L. Bailey, D. Bugbee, D. Seff, G. Silverstein, E. Fitzgerald 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. Additions, deletions or changes in the order of Agenda items: No changes were made to the agenda. Comments and questions from the public not related to the agenda: Mr. Mittag asked about the 2 conservation easements. He felt this should be urgent now. Ms. Baker said it is one of a lot of priorities. The Wheeler survey has been pinned, and there is a 30-day waiting period. The Hubbard property will be discussed with the City Council. Announcements and City Manager's Report: There were no City Council announcements. Ms. Baker: There has been a lot of progress in City Center. Snyder-Braverman has begun to lease commercial space. They are getting questions regarding paid parking, and staff will be looking into that, so the city doesn't lose the opportunity for commercial space. PAGE 1 The first meeting of the transportation group will be in January. The city is in need of drivers with a Commercial Driver's License (CDL). They are down to 5, and they will be needed for snow removal. The Public Art Committee is working toward a public art project in the Chamberlain neighborhood. The library will be closed on Thursday and Friday for the Thanksgiving holiday. It will open on Saturday. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from the 2 October 2023, 16 October 2023, and 30 October CC Meetings c. Receive the September and October Financials d. Receive the FY24 Quarter 1 Financials Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Chalnick seconded. Motion passed unanimously. Interview and consider appointments to both Town Meeting TV Board of Trustees and the Energy Committee: The Council interviewed Corey Burdick for appointment to the Town Meeting TV Board of Trustees. Following the interview, Ms. Riehle moved to appoint Corey to the Town Meeting TV Board of Trustees. Mr. Barritt seconded. Motion passed unanimously. The Council then interviewed Brittney Baldwin and Marley Hauser for appointment to the Energy Committee. Public Hearing: Land Development Regulations Amendments #LDR-23-03 Multiple Principal Structures on a lot, #LDR-23-04 Updates to the City Center Form Based Code on Buildings on Outside of Road Corners and Interstate Facade Standards, and #LDR-23-05 Minor and Technical Amendments: Mr. Conner briefly reviewed the amendments. Mr. Barritt moved to open the public hearing. Mr. Kupferman seconded. Motion passed unanimously. Ms. Sirvis said she fully supports more setback from the road. That's what bothers her about Market Street. It is very dark, and there is no place for people to stand and talk or for kids to play a bit. NOVEMBER 20,2023 PAGE 2 As there was no further public comment, Mr. Barritt moved to close the public hearing. Mr. Chalnick seconded. Motion passed unanimously. Consider approving Land Development Regulations Amendments#LDR-23-03 Multiple Principal Structures on a lot, #LDR-23-04 Updates to the City Center Form Based Code on Buildings on Outside of Road Corners and Interstate Facade Standards, and #LDR-23-05 Minor and Technical Amendments: Mr. Barritt moved to approve the Land Development Regulations Amendments as presented. Mr. Kupferman seconded. Motion passed unanimously. Town Meeting TV Annual Report and funding request: Ms. Mitchell said that Town Meeting TV supported 1300 programs in the past year. They did 51 programs for South Burlington including City Council and DRB meetings and special events. The city is paying for 60 meetings, and Ms. Mitchell said to let them know if there are other meetings or events the city wants covered. The funding request is for $23,152 which represents a 5% increase over last year. They are also asking for a letter of support for the Vermont Access Network. Ms. O'Rourke noted that cable revenue is declining. For 35 years, this was paid for by all able subscribers. They now have services beyond cable which results in increased costs not covered by cable. Two funds will be going before the Legislature. There is a request for legislation to create a definite funding method. There is a potential to rewrite the communication law in Vermont. Mr. Barritt said the Communications Union Group should be included in this discussion. Ms. O'Rourke praised South Burlington's Travis who is leading Town Meeting TV's education program, teaching media skills and civic engagement. Ms. Riehle said she felt the 5%increase was warranted. She noted the Council had talked in the past about televising Planning Commission meetings and suggested doing some of them since the city is not using all of its allotted meetings. Ms. O'Rourke said this could be billed on a per meeting basis ($500-700 per meeting). Discussion and possible action on the acceptance of road and stormwater infrastructure on Sadie Lane: Mr. DiPietro explained that the Sadie Lane development is off Dorset Street. It is eligible for city acceptance, but staff is not recommending that at this time because of a stormwater issue. The stormwater system is not built to the 2017 standards regarding phosphorus removal. Mr. DiPietro noted that when the city takes over a property, they become a co-applicant and take care of what is on public property. The permit runs with NOVEMBER 20,2023 I PAGE 3 the land. If the homeowner's association does not do what is required, the State could get involved and require compliance. Mr. Thompson of the Homeowners Association Board said the stormwater pond is on the land of Lot#1, and the Association has an agreement with that owner. Mr. Barritt asked if the pond could be subdivided out of that property. Mr. Thompson said the Association is responsible for maintaining the pond. The owner, who is not a member of the Association,wants to keep the pond. Mr. DiPietro said that owner would have to be brought into an agreement. Mr. Thompson said the Association has an easement now which the city could have from them. Mr. McNeil noted that the Association has given the city an irrevocable offer of Sadie Lane and the stormwater system. The city proposed to take over Sadie Lane but not the stormwater system which is not up to standard. The Homeowner's Association does not want to split it that way, so the city is not accepting Sadie Lane at this time. Mr. Di Pietro added that the needed upgrades are more expensive now than previously. He also noted that there are other ponds in the city where this same issue will arise. Mr. Barritt asked if grants are available to upgrade this pond. Mr. DiPietro said there are. He also noted the city is currently plowing Sadie Lane without authority to be on the road. If there is no possibility of the city taking over that road, there will have to be thought of whether to continue to plow. Mr. Barritt asked if it is correct that the city has not accepted the deed. Mr. McNeill said that is correct. There are 4 irrevocable offers. The language says that there is no obligation for the city to claim ownership until it makes the decision to do so. The issue now is whether to take ownership now or not at all. Mr. Thompson said it is the Association's position that they should not have to upgrade the pond/system. There is no financial benefit to them to do so. He added that at an Association meeting, the unanimous feeling was that there was no benefit to them to upgrade the pond. The owner of the pond is not interested in spending any money on the pond. Mr. DiPietro said that at some time the State will require those updates. Ms. Riehle said she thinks there should be some negotiated shared payment if this is to go forward. State requirements still need to be met. If requirements change,you still have to meet them. Mr. Barritt asked if the pond met the standard at the time. Mr. DiPietro said they got a state permit. Mr. Thompson said they believe there is nothing now that says they have to upgrade the pond now. Mr. DiPietro said the issue arises because of taking over the road. Ms. Emery said she hoped there could be room for an agreement. Mr. Barritt asked about a plowing agreement. Mr. DiPietro said they are willing to put together an agreement if they are willing to talk. NOVEMBER 20,2023 I PAGE 4 Consider a request to put a question on the Town Meeting Day 2024 ballot to expand the number of School Board members and provide direction to staff: Ms. Emery noted this issue was raised by a citizen, not by the School Board, based on the report of the City Charter Committee. Ms. Baker noted the School Board did support this. They did not weigh in on whether to separate this from the question of expanding the City Council. Ms. Emery said the City Council did not feel ready to make any changes. Ms. Baker said that from the staffs perspective, the decision was made to pause. Community members asked to move this forward, but the School Board hasn't had the opportunity to weigh in. The question is whether the City Council is willing to decouple this. There is also a time issue to get this on the March ballot. It would have to be warned by the second meeting in January. Ms. Fitzgerald encouraged the Council to decouple this. There are a lot of consensuses to expand the School Board, and she encouraged developing ballot language. Mr. McNeil said State Statute limits the School Board to 5. They would need to override State law (Burlington has 12 members) and would need to know member terms, etc. Ms. Emery said 2- and 3-year terms are what is common in the city. Mr. Barritt suggested adding one more member with a 2-year term and one more with a 3-year term. Mr. Barritt then moved to decouple the School Board expansion from a potential City Council expansion. Mr. Chalnick seconded. Motion passed unanimously. Discuss the use of remaining American Recovery Plan Act and possible action: Ms. Baker said there is $2,100,000 remaining to be allocated. The money must be allocated by December 2024 and spend by December 2026. When she met with Congressman Ballint's State Director, he didn't feel the money would be taken back. Funds can be used for any municipal purpose. Ms. Baker also noted there are ARPA implications in the proposed FY25 budget, so she suggested not adding anything new. Ms. Riehle questioned the $400,000 the Council had talked about for childcare. Ms. Baker said this is something the Economic Development Committee is working on. They could issue an RFP to the community to see how providers could expand services. Mr. Barritt said more space could be added, if available. There are also training costs for staff. Ms. Emery said the Council did not add childcare in their most recent list. Ms. Riehle said it doesn't make the cut for her. It is enormously important, but she saw it more as a regional/statewide concern. Ms. Emery noted the State will be providing pre-K money. Mr. Barritt said the Council has been talking about childcare for a long time, and he felt they should look into it before dropping it. He also didn't know how the State will distribute funds and if South Burlington would get passed over. He suggested getting back to the Economic Development Committee to see their thoughts. NOVEMBER 20,2023 I PAGE 5 Ms. Emery suggested the Hinesburg Road/Market Street light could come from there as could DPW lawn mowers. Ms. Baker said the Hinesburg/Market light is budgeted at $650,000 with $100,000 from the CIP and use of some impact fees. Mr. Barritt said he would like to take out the proposed money for a village green. Ms. Emery said the people she talks to want it. Ms. Sirvis said there is a deep need of play space for kids, so some space needs to be protected. Mr. Barritt said he didn't feel anyone expected the City Center to be a large open space. Other Business: Mr. Barritt said people think Williston Road is now better. Ms. Baker said the City's home page has an article on the lane shift. Mr. Chalnick said the 5th National Climate Assessment has come out. There is now irrefutable evidence that people are causing climate change and progress is insufficient nation-wide. He was proud of what South Burlington is doing. Ms. Emery noted that Montreal has added neighborhood geothermal. Mr. Chalnick said most of those are owned by the municipality, but municipalities don't yet have the authority to do that in Vermont though there is a bill being introduced that may make that possible. Mr. Barritt noted it is expensive. Consider entering executive session for the purpose of discussing the negotiation or securing of real estate purchase or lease options, and specifically 1) the Scott property, and 2) the Long property: 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 Scott and Long properties, and inviting into the session Ms. Baker, Chief Locke, Mr. Conner and Mr. McNeil. Mr. Chalnick seconded. Motion passed unanimously. The Council entered executive session at 9:05 p.m. Following the Executive Session, as there was no further business to come before the Council, Mr. Barritt moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 10:27 p.m. Clerk NOVEMBER 20,2023 PAGE 6